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City Council Packet - 07/26/2016 t • City of Tigard TIGARD Tigard Business Meeting—Agenda e, TIGARD CITY COUNCIL MEETING DATE AND TIME: July 26,2016 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:•30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (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: 503-718-2410 (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. • City of Tigard TIGARD Tigard Business Meeting—Agenda • TIGARD CITY COUNCIL MEETING DATE AND TIME: July 26,2016 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 6:30 PM •STUDY SESSION A. COUNCIL LIAISON REPORTS B. RECEIVE BRIEFING ON CAPITAL IMPROVEMENT PLAN (CIP) PROJECTS 6:45 p.m. estimated time •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. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. CONSIDER RESOLUTION EXTENDING WORKERS' COMPENSATION COVERAGE TO CITY VOLUNl'EERS B. APPROVE CITY COUNCIL MINUTES: •May 10,2016 •May 17, 2016 •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. DISCUSS NATIONAL WA VER TRAIL DESIGNATION FOR THE TUALATIN RIVER 7:40 p.m. estimated time 5. CONSIDER RESOLUTION AUTHORIZING METRO EQUITABLE HOUSING PLANNING AND DEVELOPMENT GRANT APPLICATION 7:55 p.m. estimated time 6. PUBLIC HEARING - CONSIDERATION OF ORDINANCE AND RESOLUTION TO PLACE A GAS TAX ON THE NOVEMBER 8,2016 BALLOT 8:00 p.m. estimated time 7. PUBLIC HEARING - CONSIDERATION OF ORDINANCE AND RESOLUTION TO PLACE A MARIJUANA TAX ON THE NOVEMBER 2016 BALLOT 8:30 p.m. estimated time 8. NON AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT 8:50 p.m. estimated time II City of•Tigard Tigard City Council Meeting Agenda TIGARD July 26, 2016 CITY COUNCIL STUDY SESSION A. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time B. BRIEFING ON CAPITAL IMPROVEMENT PLAN (CIP) PROJECTS 6:45 p.m. estimated time —Engineer Faha will present a PowerPoint. Administrative Items: 1. Reminders: National Night Out on August 2, 2016. Locations attached. 2. City Council Fall Outreach date&location selected: Wednesday, September 21, 2016 at Summerfield Club House from 6-8 p.m. 3. Mayor Cook will ask for a representative to the Policy Advisory Board (PAB) Council Meeting Calendar July 5 Tuesday -• :: • :;- —CANCELLED 12* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19* Tuesday :. : :: ' ..-! • - : . - . . -CANCELLED 26* Tuesday Council Business Meeting—6:30 p.m.,Town Hall August 2 Tuesday •-• - • - . - .: - -- - . .: -CANCELLED 2 Tuesday National Night Out - SEE ATTACHMENT FOR LOCATIONS 9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 11 Thursday Council Summer Outreach,Cook Park,Bishop-Scheckla Pavilion (6-8 p.m.) 16* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 23* Tuesday :. - '. :. ..--- ,. - .. ! - ... —CANCELLED September 6 Tuesday City Center Development Agency Meeting—6:30 p.m.,Town Hall 13* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 20* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 21 Wednesday Council Fall Outreach, Summerfield Clubhouse (6-8 p.m.) 27* Tuesday Council Business Meeting—6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk(*). Tigard National Night Out 2016 Participating Neighborhood Celebrations Neighborhood Patrol Coordinator Phone# Location/Address Email Time #Attending District Fanno Pointe/Hall&Wall 1 Dominica Culver 503-598-0552 15350 SW Sequoia Parkway#200 dominica.adminotmgnorthwest.com 5p-8p 15 Fletchei s Woods I Sue Hiersche 503-351-0205 13940 SW 95th Ave 6p-8:30p 30 SW 87th Court 1 Lydia Delavan 503-956-4283 13910 SW 87th Court lydiadelavan(alyahoo.com 6p-8p 25-30 Applewood Park 2 Lynlea Yi 503-730-4775 8967 SW Greening Lane lynlea.yilagmail.com 6p-9p 60 Summerfield Townhouse#3 2 JJ Gattuccio 503-690-7720 15970 SW Brentwood Ct. tuccio1@aol.com 5p-8p 40-50 SW 108th Avenue 2 Michelle Briggs 503-358-9594 11385 SW 108th Avenue pdxbripgs@comcast.net 5:30p-8:OOp 12-18 Castle Hill 3 Cody LeClerc 503-941-5431 14056 SW Chehalem Ct. cody.Ieclerc@comcast.net 4p-8p 200-250 Quail Hollow West 3 Carey Mathews 541-980-9677 13065 SW Seca Court careylm.13(4mail.com 6:30p-8:30p 20 Quail I-Iollow West 3 Karen Draper 503-521-1417 13081 SW Raptor Place kardraper@yahoo.com 6p-9p 20 Englewood 4 Patty Cooper 503-336-1305 11595 SW Hazelwood Loop pattycooper@aol.com 6p-8p 30 Fehrenbacher I&II 4 JJenine Greenley 503-521-8626 11176 SW 118th Terrace jenine12120yahoo.com 5:30p-8:30p 16-22 Greenway/Manzanita Street 4 Sonya Rygh 503-679-7492 11545 SW Manzanita Street sonya.rygh@cru.org 6p-8p 50-75 Summer Crest Drive 4 Sandy Finney 503-704-1951 12240 SW Summer Crest Drive sfinney007la.yahoo.com 6:30p-8:OOp 10-15 Wilton Avenue 4 Julie Wittmann 503-590-4997 Wilton Avenue/Morning Hill Drive(cul-de-sac) jj diamond@yahoo.com 6p-8p 35-45 Ash Creek Estates&Gates 5 Debbie Coryell 503-244-7591 7157 SW Ash Creek Court debbiecoryell1ajnail.com 6p-8p 30 (Comer of Ash Creek Ct./Shady Place) Dakota Village/SW Verde Terrace 5 Lana Kubo 503-319-0172 11121 SW Verde Terrace lanajoys( yahoo.com 6p-8p 20 (Verde Terrace Cul-de-sac/Tumarond) SUPPLEMENTAL PACKET Background: Facts About Marijuana FOR 7- -de)/ 6 (DATE OF MEETING) CURRENT MARIJUANA RATES AMONG YOUTH COV ►ry L' / Li 4/-C.0 • Research demonstrates that illegal drug use among youth increases as the perception of risk and social 14nole+Yom disapproval declines. • According to the most recent Monitoring the Future(MTF)Study in 2014 fewer high school seniors think occasional marijuana use is risky versus 2013(16.4%versus 19.5%). • Also according to the most recent(2014) MTF Study: o 1 in every 17 high school seniors(5.8%)is a current daily or near-daily marijuana user. o Many more youth living in a "medical" marijuana state used a marijuana edible in the last year as compared to youth living in "non-medical" marijuana states(40%versus 26%). • "Medical"marijuana states are clustered at the top of the list in terms of drug addiction and abuse among 12-17 year olds.' • Pacula et al found that two features of medical marijuana—home cultivation and dispensaries—are positively associated with youth marijuana use and "have important implications for states considering legalization of marijuana." MARIJUANA IS ADDICTIVE • 1 in 11 people who ever start using marijuana become addicted." In adolescence,the addiction rates jump to 1 in 6.'"Increased use rates lead to higher addiction rates. • More than two-thirds of treatment admissions involving those under the age of 18 cite marijuana as their primary substance of abuse, more than 15 times the rate for alcohol alone." AGE OF INITIATION IS CRITICAL • Children who first smoke marijuana under the age of 14 are more than five times as likely to abuse drugs as adults,than those who first use marijuana at age 18." • In the 1970s,the average age of initiation for marijuana was 19. In 2011,the average age of initiation was 17.5."The age of initiation for marijuana use is moving in the wrong direction. MARIJUANA LEGALIZATION WILL INCREASE ACCESS AND AVAILABILITY • States with medical marijuana laws that have been implemented to include home cultivation and legal dispensaries are positively associated with increased marijuana use in these states." MARIJUANA USE NEGATIVELY IMPACTS IQ • A recent study found that those who used marijuana heavily in their teens and continued through adulthood showed a permanent drop in IQ of 8 points.This held true when controlled for socioeconomic status."' • A loss of 8 IQ points could drop a person of average intelligence into the lowest third of the intelligence range. MARIJUANA USE NEGATIVELY IMPACTS EDUCATIONAL ACHIEVEMENT • Youth with an average grade of D or below were more than four times as likely to have used marijuana in the past year as youth with an average grade of A.' • High school students who use alcohol or other drugs are up to five times more likely to drop out of school.'' MARIJUANA USE NEGATIVELY IMPACTS SCHOOL ENVIRONMENT • 66.1%of serious disciplinary actions in public high schools can be attributed to the distribution, possession or use of illegal drugs." • In Colorado, drug-related suspensions/expulsions increased 32%from school year 2008/2009 through 2012/2013.'" MARIJUANA LEGALIZATION WILL NEGATIVELY IMPACT COMMUNITIES iCADCA • The C.S. Mott Children's Hospital National Poll on Children's Health released in August of 2014,shows that a representative sample of American adults aged 18 and above now rate drug use as the third biggest health problem facing America's youth. • If the marijuana industry is like the alcohol industry,there will be more marijuana outlets and marijuana advertisements found in low-income minority communities." MARIJUANA POTENCY IS INCREASING • In the last 30 years(between 1983 and 2013),the average THC level has nearly tripled. Currently,the average level of THC in seized samples is 15.1%.This compares to an average of less than 4%in 1983." • Marijuana concentrates contain between 30-90%THC.They include butane, hash oil,shatter,crumble, dabs, and earwax.The amount of THC can vary widely,even from what is advertised compared to what it actually contains. o Process for creating a concentrate includes a sturdy pick,a specially crafted bong and a blowtorch for butane-gas extraction,which can be explosive. MARIJUANA IS BEING MARKETED TO CHILDREN • Despite the fact that all of the states that have approved "medical marijuana" initiatives or legalized marijuana have regulations restricting its use to those 18 and older, marijuana is clearly being marketed to children in the form of edibles.This is evidenced by the fact that products such as"Pot Tarts;" "Ring Pots," "Orange Kush"soda;brownies, etc.,are being sold—some even in vending machines. • Edibles that have up to 100mg of THC are being marketed to children. fir �..'� I .fit' • ,..Ift, witZtar�t�s� . MARIJUANA AND CALLS TO POISON CONTROL • Between 2005 and 2011,the call rate to poison centers in states that decriminalized marijuana increased by more than 30%per year,while the call rate in non-legal states did not change.' MARIJUANA USE NEGATIVELY IMPACTS HIGHWAY SAFETY • According to the Colorado Department of Transportation, drivers who tested positive for marijuana in fatal car crashes DOUBLED between 2006 and 2010(after the dispensaries were opened)while all other fatal car crashes declined for the same time period."'" • 1 in 5(or 19%of)teen drivers report that they have driven under the influence of marijuana. Only 13%of teen drivers report that they have driven under the influence of alcohol."' • Marijuana is the most prevalent illegal drug detected in impaired drivers, fatally injured drivers,fatally injured drivers, and motor vehicle crash victims.'" • Driving under the influence of marijuana is associated with a 92%increased risk of vehicular crashes."" • Researchers at the University of Massachusetts,Amherst found 44%of college men said they drove after smoking marijuana in the previous month, compared with 12%who said they drove after drinking."' MARIJUANA LEGALIZATION WILL NOT RESULT IN INCREASED REVENUE • Taxes on marijuana will never pay for the increased social costs that would result from more users. Our nation's experiences with alcohol and tobacco show that for every dollar gained in taxes,we spent 10 on social costs."" • Legalizing marijuana will open the doors to a "gray-market",which would thrive under legalization in order to undercut the legal,taxed market.'That is why the criminal market will not disappear under legalization. • According to a recent RAND study,legalization will cause the price of marijuana to fall and its use to rise, especially among youth."' • Colorado is missing$21.5 million in estimated pot taxes because pot smokers are still buying on the black market."' iCADCA 2 MARIJUANA LEGALIZATION WILL NOT REDUCE CRIMINAL ORGANIZATIONS • Marijuana accounts for only a portion of the proceeds gained by criminal organizations that profit from heroin,cocaine,and methamphetamine distribution, human trafficking,and other crimes. Legalizing marijuana would not deter these groups from continuing to operate."" MARIJUANA LEGALIZATION WILL NOT REDUCE INCARCERATION RATES • According to the United States Sentencing Commission, in 2008, 6,337 people were sentenced in federal court for drug crimes related to marijuana.Of these 6,337,only 1.6%were sentenced for simple possession of marijuana. • According to the Bureau of Justice Statistics,only 0.4%of prisoners with no prior offenses are in state prisons for marijuana offenses. A RECENT AUSTRALIAN STUDY ON INDIVIDUALS PRESCRIBED OPIOID PAINKILLERS FOUNDXKO • 1 and 6 participants also used "medical marijuana." • Were more likely to take opioids in ways not recommended by their doctor. • Were over twice as likely to have an alcohol use disorder and four times as likely to have a heroin use disorder. • Medical marijuana users were over 50%more likely to be taking anti-anxiety medications (benzodiazepines),which then combined with opioids are particularly likely to cause an overdose. 49CADCA 3 Substance Abuse and Mental Health Services Administration(SAMHSA).(2011).State Estimates from the 2009-2010 National Surveys on Drug Use and Health. Wall,M.,et al.,2011;Johnston,L.D.,et al.,2011.and Pacula et al 2013 i"Wagner,F.A.&Anthony,J.C.From first drug use to drug dependence;developmental periods of risk for dependence upon cannabis,cocaine,and alcohol.Neuropsychopharmacology 26,479-488(2002).Available:htto://www.nature.com/npp/journal/v26/n4/odf/1395810a.pdf iv National Institutes of Health,National Institute on Drug Abuse.2011.Topics in Brief:Marijuana.Available: htta://www.drugabuse.Kov/aublicationshooics-in-brief/mariivana Substance Abuse and Mental Health Services Administration.2010.Office of Applied Studies.Treatment Episode Data Set(TEDS):2009 Discharges from Substance Abuse Treatment Services,DASIS.Available:http://wwwdasis.samhsa.gov/webt/quicklink/US10.htm Also see Non-medical cannabis:Rite of passage or Russian roulette? 2011.Center on Addiction and Substance Abuse,Columbia University. ""The National Household Survey on Drug Abuse(NHSDA)report. August 23,2002. Available: htta://oas.samhsa.gov/2k2/MJ&deoendence/MJdeoendence.htm °"Substance Abuse and Mental Health Services Administration.Available:http://www.samhsa.gov/data/miinitiation/highlights.htm and http://www.sa m hsa.gov/data/NSDU H/2k11 Resu lts/NSDU H results2011.htm "1"Pacula,R.L.,Powell,D.,Heaton,P.,Sevingy,E.L.(2013).Assessing the effects of medical marijuana laws on marijuana and alcohol use:The devil is in the details.Available:http://www.nber.org/paaers/w19302 •M.H.Meier,Avshalom Caspi,et al.2012."Persistent cannabis users show neuropsychological decline from childhood to midlife."Proceedings of the National Academy of Sciences "Office of Applied Studies,Substance Abuse and Mental Health Services Administration(SAMHSA).SAMHSA's National Household Survey on Drug Abuse Report-Marijuana Use among Youths.July 19,2002.Available at www.samhsa.gov/oas/nhsda.htm. Lane,J.,Gerstein,D.,Huang,L,&Wright,D.,(1998)Risk and protective factors for adolescent drug use:Findings from the 1997 National Household Survey on Drug Abuse.[Online].Available at www.samhsa.gov/hhsurvev/hhsurvev.html;Bray,J.W.,Zarkin,G.A.,Ringwalt,C.,&Qi,J.(2000)."The relationship between marijuana initiation and dropping out of high school."Health Economics,9(1),9-18. Id'U.S. Department of Education, National Center for Education Statistics, 2009-10 School Survey on Crime and Safety(SSOCS),2010. xiii Rocky Mountain High Intensity Drug Trafficking Area.The Legalization of Marijuana in Colorado:The Impact.Volume 2,August 2014. "v Alaniz,MA.Alcohol Availability and Targeted Advertising in Racial/Ethnic Minority Communities.Alcohol Health&Research World.1998;22(4):286- 289. xv Potency Monitoring Program Quarterly Report Number 120,Reporting Period December 16,2012-March 15, 2013.Mahmoud ElSohly,Director,NIDA Marijuana Project.P.7. "I Wang GS et al.Association of unintentional pediatric exposures with decriminalization of marijuana in the United States.Ann Emerg Med 2014 Feb 7; [e-pub ahead of print].(http://dx.doi.org/10.1016/j.annemergmed.2014.01.017) " Colorado Fatality Analysis Reporting System(FARS).August 2011. "''ilHazy Logic:Liberty Mutual Insurance/SADD Study Finds Driving Under the Influence of Marijuana a Greater Threat to Teen Drivers Than Alcohol. Available:http://www.sadd.org/Dress/presspdfs/Mariivana%20Teen%20Release.odf xix National Highway Traffic Safety Administration.Drug Involvement of Fatally Injured Drivers.U.S.Department of Transportation Report No.DOT HS 811415.Washington,DC:National Highway Traffic Safety Administration,2010. "Asbridge,M.,Hayden,JA,Cartwirght,K.Acute cannabis consumption and motor vehicle collision risk:systematic review of observational studies and meta-analysis.British Medical Journal,2012;344(ePub):e536.PMID:22323502. xxi Jennifer M.Whitehill,PhD;Frederick P.Rivara,MD,MPH;Megan A.Moreno,MD,MSEd,MPH;Marijuana-Using Drivers,Alcohol-Using Drivers,and Their Passengers.AMA Pediatr.Published online May 12,2014.doi:10.1001/jamapediatrics.2013.5300 "i Rehm J,Mathers C,Papaya 5,Thavorncharoensap M,Teerawattananon Y,Patra J.2009 Jun 27."Global burden of disease and injury and economic cost attributable to alcohol use and alcohol-use disorders."Lancet;373(9682):2223-33.[Table 4]. ",'"Kilmer,B.,Caulkins,J.P.,Pacula,R.L.,MacCoun,R.J.,&Reuter,P.H.2010."Altered State?Assessing How marijuana Legalization in California Could Influence Marijuana Consumption and Public Budgets."Santa Monica,CA:RAND Drug Policy Research Center.Available: http://www.ra nd.org/content/dam/rand/pubs/occas iona I_papers/2010/RAN D_OP315.pdf X1"Kilmer,Beau,Jonathan P.Caulkins,Rosalie Liccardo Pacula,Robert J.MacCoun and Peter H.Reuter.2010."Altered State?Assessing How Marijuana Legalization in California Could Influence Marijuana Consumption and Public Budgets."Santa Monica,CA:RAND Corporation, http://www.rand.org/pubs/occasional_papers/OP315. Wood,Robert.Forbes.$21.5 Million In Marijuana Taxes Just Went Up In Smoke.2014 Sep.02. U.S.Sentencing Commission,"2008 Sourcebook of Federal Sentencing Statistics,see:http://www.ussc.gov/ANNRPT/2008/SBTO008.htm,Table 33. xxxii Degenhardt,Louisa.,Humphreys,Keith.Medical Marijuana and the Risk of Painkiller Overdose. Scope,Published by Stanford Medicine.January 13, 2015. Experience of adjunctive cannabis use for chronic non-cancer pain:Findings from the Pain and Opioids IN Treatment(POINT)study.Drug Alcohol Depend. 2015 Feb.http://www.ncbi.nlm.nih.gov/pubmed/25533893 *7CADCA 4 AIS-2587 B. Business Meeting Meeting Date: 07/26/2016 Length (in minutes): 15 Minutes Agenda Title: Receive Briefing on Capital Improvement Plan (CIP) Projects Prepared For: Lori Faha Submitted By: Judy Lawhead, Public Works Item Type: Update, Discussion, Direct Meeting Type: Council Staff Business Mtg - Study Sess. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The council will be briefed on Capital Improvement Plan (CIP) projects status for the 4th quarter of FY16. STAFF RECOMMENDATION / ACTION REQUEST No action is requested; the purpose of the meeting is to brief council. KEY FACTS AND INFORMATION SUMMARY In order to keep the council informed on the status of current CIP projects, staff will provide regular project briefings. The attached file will be shown as a Powerpoint presentation at the meeting, providing a status summary for CIP projects currently underway that are managed by Engineering. Copies of project status reports will be provided to the council in the Thursday,July 21 City Council Newsletter packet. OTHER ALTERNATIVES Not applicable. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Not Applicable DATES OF PREVIOUS CONSIDERATION Staff provides the council with regular briefings on the status of CIP projects. The last briefing was on April 26, 2016. Attachments CIP 4th Quarter Update CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIGARD CapitalImprovement Project Update FY 2015-16 Fourth Quarter — End of Fiscal Year Tigard City Council Meeting I July 26, 2016 CITY O F TIGARD Parks Projects Budget Schedule Dirksen Nature Park / The Education Center (Complete with reduced scope) Q Oak Savanna Restoration / State Parks Grant Application (WE GOTIT!!) k Tigard Street Trail (High Ranking for Connect OR Grant) Fanno Creek Trail — R F FA Grant (still waiting on OOOT IGA) ® 0 Fanno Creek Remeander (still waiting on CWS IGA) ® Q Fanno Creek Trail/Tiedeman (consultant selection underway) ID New: Bull Mountain Park Trail (added 2ok Q2) ®On Target 0 Minor Issues • Major Issues ®Change in Budget or Schedule CITY O F TIGARD Streets Projects Budget Schedule / Pavement Management Program 0 t, (ramps & paving underway) Walnut Street Improvements (add water line replacement) © 0 Pacific Hwy / Gaarde / McDonald Intersection P' (complete and under budget) Upper Boones Ferry / Durham Adaptive Signals ® 0 95th / North Dakota Sidewalk (CDBG) (complete) 0 41110 H u n z i ke r Core/Wall St (preliminary design complete) 0 0 •On Target 0 Minor Issues . Major Issues 0 Change in Budget or Schedule CITY OF TIG ARD Water Projects* Budget Schedule / Aquifer Storage and Recovery Well #2 Rehab 1 (re-combine w/ASR3, on hold) 1 550 Zone Connection to Price Reservoir • ► (on hold, Cach Reservoir moved up due to pace of River Terrace) / Red Rock Creek Waterline Relocation 0 ► (design underway, moved up to match sewer& Wall St projects) Cach Reservoir & Pump Station (scoping underway) *not including Lake Oswego/Tigard project •On Target 0 Minor Issues • Major Issues Change in Budget or Schedule CITY O F TIGARD Sanitary Sewer Projects Budget Schedule O. Barrows / Scholls Ferry Sewer Line Extension (Phase 3) (Complete — on budget) East Tigard Sewer Replacement (IGA in place, Design & Permitting Underway) W. Walnut Sanitary Sewer (under construction) ® 0 •On Target 0 Minor Issues •Major Issues ®Change in Budget or Schedule CITY O F TIGARD Storm Projects Budget Schedule P. Greenfield Drive WQF Reconstruction (ready to bid) 0 Canterbury Lane Storm Line Upgrade (in design) 0 k. Ridgefield Lane WQF Reconstruction (ready to bid) O Outfall Retrofit Program (cancelled to await Storm MP results) Stormwater Master Plan (data collection underway) k River Terrace Stormwater Implementation ® 0 (amended Plan will come to Council with Storm MP) •On Target 0 Minor Issues • Major Issues 0 Change in Budget or Schedule C I '1' Y F TIGARD Facilities Projects Budget Schedule Permit Center / City Hall / Police Building Exterior Wall Repairs (Complete & Under Budget) Civic Center Vision (aka Citywide Facilities Plan) © 0 (re-scoped to City Hall site, will need Q1, consultant contract awarded) / Police Locker Room (complete - concept plan only) •On Target 0 Minor Issues • Major Issues 0 Change in Budget or Schedule CIT Y OF TIGARD Other Projects Budget Schedule / Main Street Gateway Monuments (compete) / Public Works Yard Demolition (complete) •On Target 0 Minor Issues • Major Issues O Change in Budget or Schedule C. I •i Y O F TIGARD Dirksen Nature Park: The Grant Project Components Master Plan June2012 wo 11111*- Entrance CommunityTrail/Sidewal i t'' Dw Parking(10 to 15 cars) Entrance , . '4' - Electric Service ,. ._ - Overlook Interpretive rk., Natar ay i • Overflow Parking(10 cars) Area Savanna i ) ""t^ t,Community Garden Overlook ..-..- Wellandovnlaok • .• jR t •`1l .,�� III Water Service � t•: Interpretive gyps --, elter/Restiroom , Na 40 f t - _.._ Replanting A. / �c� c i -el , f I ' .._../ . _. Fbmti,,d Wetland overtook Sanitary Sewer �., i - i Tit coniferous '' ! C'!<<i y fanno Creek Trail Entrance Bea Cedar forest • ; Soft Surface Trail 8-foot Paved Trail Network Sidewalk _ 5-foot Chip Trail 11 r;; 3-foot Chip Trail j l\>7.-.' A. '.. C .••�•It* � fSurnmer Creek Geer"! Entrance — Boardwalk .,711(t''' + warn Qualitysration • Nature Play • Entrancesr , c Structure I \ • * Education Node rill? Fowler Middle School ;4. ,r - i ;.:i. -• CITY OF TIGARD Dirksen Nature Park: Shelter/Restroom Concept =. 5: - CITY OF TIG ARD 95th & North Dakota Sidewalks — porous concrete • tic I I 1.4 411 *, ex, • 1111104. - 111r-4,4...141elf: -*hit yr 4j AGENDA ITEM NO. 2C- CITIZEN COMMUNICATION DATE: July 26, 2016 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda and items 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:11 gern-204-5 l/llt�n t x D lC C� rrl Also, please spell your name as it sounds, if it will �fi1 Y(p help the presiding officer pronounce: /1/ it SX ' r COM in Address /3 (v S" d m4ar Ott[e City ; 4,V1 State 6 < Zip '1 7 a a Phone No. 543- 5f- o'ZD Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip CITIZEN COMMUNICATION 1:\ADM\CITY RBCORDILRS\C00 City Recorder-Records Resources and Policies\CCSignup\citizen communication 160726.doc Mask & Mirror Community Theatre Announces its SIXTH season! SUPPLEMENTAL PACKET November 4-20, 2016 FOR The Last Night of Ballyhoo (DATE OF MEETING) A dramedy by Alfred Uhry, author of Driving Miss Daisy Ci'' la`i'r "i ;'(1?`'VL Directed by Jayne Furlong Winner of the 1997 Tony for Best Play Atlanta, Georgia, December 1939: Hitler is invading Poland, but Atlanta's elitist German Jews are much more concerned with Ballyhoo, the social event of the season. The Freitag family: bachelor Adolph, his widowed sister Boo, and their widowed sister-in-law Reba, are especially concerned that Boo's daughter Lala attend Ballyhoo, believing it will be her last chance to find a socially acceptable husband. Adolph brings his new assistant, Joe, home for dinner. Joe is Brooklyn born and bred, and is several social rungs below the Freitags, in Boo's opinion. Lala, however, is charmed by Joe. She hints broadly about being taken to Ballyhoo, but he turns her down. Matters worsen when Joe falls for cousin Sunny, home from Wellesley for Christmas vacation. The family gets pulled apart and then mended together with plenty of comedy, romance and revelations as the characters face where they come from and deal with who they really are. March 4-26, 2017 Crimes of the Heart A family drama of wry insight by Beth Henley Directed by Linda Talluto Produced by Pat Romans Winner of the 1981 Pulitzer Price for Drama, and the New York Drama Critics Circle Award The scene is Hazelhurst, Mississippi, where the three Magrath sisters have gathered to await news of their grandfather, who is living out his last hours in the local hospital. Lenny, the oldest sister, is unmarried at thirty and facing diminishing marital prospects; Meg, the middle sister, who quickly outgrew Hazlehurst, is back after a failed singing career on the West Coast; while Babe, the youngest, is out on bail after having shot her husband in the stomach. Their troubles are so grave and yet, somehow, so hilarious. The young characters must escape the past to seize the future; the resolution is so true, touching, and consistently hilarious that it will linger in the mind long after the curtain has descended. May 5-21, 2017 Anatomy of Gray A "children's story for adults" by award-winning authorJim Leonard Directed by Sarah Ominski Produced by Kathryn Stevens Set in Gray, Indiana, a small rural town, in the 1800s When June's father dies, she prays for a healer to come to the small town of Gray, so that no one will ever suffer again; the next thing she knows, there's a tornado, and a man in a balloon blows into town claiming to be a doctor. At first, the new doctor cures anything and everything, but soon the town's preacher takes ill with a mysterious plague. And then the plague begins to spread. Set in Indiana during the late 1800's, deals with death, loss, love, and healing in a unique coming of age story. All Shows performed on The Stage at Calvin, 10445 SW Canterbury Lane, Tigard SEASON TICKET PRICING for All Three Shows Now Available Tickets@MaskAndMirror.com 503-333-1139 Online tickets: http://www.maskandmirror.com AIS-2774 3. A. Business Meeting Meeting Date: 07/26/2016 Length (in minutes): Consent Item Agenda Title: Consider Resolution Extending Workers' Compensation Coverage to City Volunteers Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Consent Resolution Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The city values the services of our volunteers and has historically provided workers' compensation coverage to protect volunteers who may be injured while volunteering. To provide that coverage, council must resolve to extend the existing workers' compensation resolution. STAFF RECOMMENDATION / ACTION REQUEST Approve resolution to provide workers' compensation coverage to city volunteers, basing assumed wages on the schedule attached. KEY FACTS AND INFORMATION SUMMARY This resolution extends a previously expired resolution last signed in 2014. Changes to the wages include an increase in the minimum wage based on state law, and correction of the assumed wage for police reserve officers based on the current average police salary. No other changes are recommended at this time. Under the terms of our contract with CIS Insurance, we track volunteer work time, and report that to CIS. Tracking occurs within the departments utilizing volunteers, and reporting occurs through Risk Management. The city has very few volunteers injured while working for us, and those are primarily medical treatment claims. By this resolution, the city agrees to provide medical and lost wage benefits, where needed, based on the scheduled wages for each position. As previously discussed in 2014, volunteers must be under our direction and control to be provided workers' compensation coverage. Our Neighborhood Network Web Administrators are not provided workers compensation coverage because the nature of their work does not qualify. However, these volunteers are provided volunteer accident coverage, providing medical coverage only should they be injured while doing this volunteer work. OTHER ALTERNATIVES The other alternative to workers' compensation coverage is to provide volunteer medical coverage, which was explored in 2014/15 and determined to not fit the city's needs. Medical coverage would not provide lost wages in the event of an injury causing our volunteer to miss work. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION The last resolution regarding this issue was Resolution No. 14-36 passed on on July 8, 2014. Fiscal Impact Cost: 13,573 Budgeted (yes or no): Yes Where Budgeted (department/program): All Departments Additional Fiscal Notes: The cost of our volunteer workers' compensation coverage has decreased slightly, due in part to a variation in volunteer hours reported, and an overall decrease in workers' compensation premium related to decreased program costs over the past three years. Attachments Resolution Exhibit A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION EXPENDING CITY OF TIGARD'S WORKERS' COMPENSATION COVERAGE TO VOLUNTEERS OF THE CITY WHEREAS, the City of Tigard acknowledges the valuable service rendered by City of Tigard volunteers; and WHEREAS, the City of Tigard strives to offer volunteers a safe and pleasant place to volunteer; and WHEREAS, Oregon law allows cities to elect coverage for various classes of volunteers; and WHEREAS, the City of Tigard participates in the City County Insurance Services (CIS) Group Self- Insurance Program, which requires a resolution be adopted annually by the Tigard City Council to elect Workers' Compensation Insurance coverage to City of Tigard volunteers. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Pursuant to ORS 656.031, Workers' Compensation coverage will be provided to classifications listed on the attached Volunteer Program Worksheet (Exhibit A). Assumed wages for police reserve officers, boards and commissions, and the Mayor and Council are provided on attached Exhibit A. An assumed hourly wage of $9.75 will be used for all other volunteers. SECTION 2: A roster of active volunteers is updated monthly for reporting purposes. It is acknowledged that CIS may request copies of these rosters during year-end audit. SECTION 3: Unanticipated volunteer projects or exposures not addressed herein might be added to the City of Tigard's coverage agreement by endorsement and advance notice to CIS, allowing at least two weeks for processing. It is hereby acknowledged that Worker's Compensation for unanticipated volunteer projects cannot be backdated. SECTION 4: This resolution will be updated annually as long as Tigard is a member of the CIS Workers' Compensation Self-Insurance Services Group and chooses to provide Workers' Compensation Insurance for City volunteers. SECTION 5: The coverage affected by this resolution is for the 2016/2017 coverage year (July 1, 2016 to June 30, 2017) with the City's membership in the CIS Workers' Compensation Self-Insurance Services Group. SECTION 6: This resolution is effective immediately upon passage. PASSED: This day of , 2016. Mayor-City of Tigard ATTEST: City Recorder- City of Tigard EXHIBIT A City of Tigard Volunteers Workers'Comp Program Volunteer Time Assumed Wage(per Volunteers Anticipated hour unless Estimated Position Title WC Code Anticipated (In hours) otherwise marked) Notes Payroll Photographer 4361V 2 25 $9.75 Photographer indoors and outdoors-can use ladder $244; Painting Services (Interior) 5474V 1 40 $9.75 Bldg.interiors with latex paint&ladders $3901 Traffic&Accident Data Office work and work within the ROW. Minimal traffic I Coordinator 5506V 1 150 $9.75 control&will require flagging training from certified COT $1,463 staff member. Library Volunteers Driving personal vehicles to homes of"shut ins"deliver $2,925 r7380V 8 300 $9.75 (Traveling)g) materials-Friendly Visitor Program Community Service 7720V 4 200 Supervision of community service,PEER Court& Supervisors $9.75 $1,950 p Municipal Court work crews/individuals Juvenile Court Juveniles from Municipal Court providing community Offenders 7720V 0 0 $9.75 service S0 CERT Volunteers $800/month/ Training&activation. Estimated hours represent training $480,000 Training/Activation 8411V 50 3,200member only. Police Cadet Volunteers 8411V 11 1,700 $800/month/ Police Explorers are now called Cadets $105,600 member Reserve Police Officers 8411V 1 1,920 $4.980/month/ Note:Assumed police mid-range wage isofficer salary member g g $57,972 Police Chaplain 8742V 1 328 $9.75 Chaplain $3,198 See 8 boards&commissions(see list @ bottom of page 2). Boards&Committees 8742V membership N/A $2,500/board/yr. Meetings&limited travel to view field sites. $20,000 listing below Grant Writer Assistants (Indoors Only) 8810V 1 40 59.75 Working in office setting or in the home. $390 Ubrary Volunteers(No 8810V 450 27,000 $9.75 All tasks in-house;check-in materials,shelving,data $263,250 travel) entry,processing new materials,translation,etc. -- Office Assistance 8810V 5 250 $9.75 Clerical type work assignments in administrative offices. $2,438 Working in office setting or in the home translating Translators 8810V 2 80 $9.75 $780information from one language to another. Teenagers serving as attorneys,jurors,clerks in court PEER Court Service 8820V 25 450 $9.75 room. Adults serving as judges and facilitation of process. $4,388 Building Maintenance 9015V 2 25 $9.75 Room set up&tear down,general cleaning. $244 DARE Camp Supervsiors 9015V 0 0 $9.75 Mentoring kids at camp(does not including driving). $0 Park Landscape Planting trees,blackberry removal,greenway cleanup, Maintenance 9102V 50 1,500 $9.75 path cleanup,trail maintenance. This code allows use of $14,625 gas powered leaf blowers and reciprocating weed eaters. Earth Day,Make A Difference Day,etc. Includes planting Citywide Celebrations 9402V 500 1,750 $9.75 trees,library shelf cleaning,community cleanup,street $17,063 cleanup patrols. C Stenciling catch basins,Adopt-A-Creek program with Storm/Water weeding&limited trash removal&cleaning/painting Maintenance 9402V 250 600 $9.75 water hydrants. This code allows use of gas powered leaf $5,850 blowers and reciprocating weed eaters. Also,trail I - _ __ _ counting and review. Roadside cleanup. This code allows use of gas powered Street Cleanup Program 9402V 100 600 $9.75 $5,850leaf blowers and reciprocating weed eaters. Door to Door 9410V 3 30 $9.75 Delivery of brochures/door hangers. $293 Distribution Changes in Red TOTAL Estimated Payroll for FY2016/17 $988,910 NOTE:8 boards,commission and task forces(WC Code 8742V)are as follows:Budget Committee(5 non-Council members),City Center Advisory Commission(10), Intergovernmental Water Board(Tigard only gets two appointees,three if the at-large/floating member is from Tigard),Library Board(9),Neighborhood Involvement Committee(10),Park&Recreation Advisory Board(9),Planning Commission(11),Tigard Transportation Advisory Committee(13) Minimum wage increased to$9.75 as of 7/1/2016. Mayor and Council are not reported as volunteers because they are paid monthly stipends which are reported with payroll figures under WC Code#8742. 1of1 AIS-2775 3. B. Business Meeting Meeting Date: 07/26/2016 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, Central 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: •May 10, 2016 •May 17, 2016 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Map 10,2016 Minutes May 17,2016 Minutes City of Tigard Tigard City Council Meeting Minutes ,11111 TIGARD May 10, 2016 STUDY SESSION Council Present: Mayor Cook, Council President Snider, Councilor Woodard and Councilor Goodhouse. Staff Present: City Manager Wine (excused herself during Executive Session)Assistant City Manager Newton, Human Resources Director Bennett, City Attorney Rihala and City Recorder Krager A. EXECUTIVE SESSION At 6:30 p.m. Mayor Cook announced that the Tigard City Council was entering into Executive Session to discuss the city manager's contract under ORS 192.660 (2) (i).The • Executive Session ended at 7:16 p.m. B. COUNCIL LIAISON REPORTS -Liaison reports will be given at next meeting. Administrative Items: Assistant City Manager Newton discussed with council the purchase of artwork from last year's Art Walk that is available for sale at auction. Concerns were expressed about the wear and tear on the works of art which are large panels of painted plywood. They were left out in the elements all winter. Council decided not to spend public funds on the artwork due to the condition of the wood. 1. BUSINESS MEETING El A. At 7:35 p.m. Mayor Cooked called the Tigard City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. TIGARD CITY COUNCIL MINUTES - MAY 10, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 1 of 7 D. Call to Council and Staff for Non-Agenda Items—City Manager Wine said she would bring up an item at the end of the meeting. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. Tigard High School Student Envoy—ASB President Shaina Azbari gave a report of current events and activities at Tigard High School. The final poetry slam was held with the largest turnout so far. The awards ceremony was held. Prom will be on May 21 at the Portland Art Museum. A Unified Soccer game was held which teams youth with and without mental disabilities together, sponsored by Special Olympics. She announced that Lauren Brown will be next year's Tigard High Student Envoy to the council. C. Tigard Area Chamber of Commerce—CEO Debi Mollahan announced the launch of Leadership Tigard which is an opportunity designed to educate and inspire emerging leaders to participate in the community and take on leadership or participatory roles, run for school board or city council. It is an annual nine-month program,with nine full-day sessions, scheduled once a month. The Tigard Farmers Market is in full swing and has a great mix of vendors selling meat, eggs,berries,beer and spirits. The Market Sprouts program is targeted at kids and 74 have signed up for the program which offers activities every week. The Art Walk is going on now and there is a pop-up gallery where people can view and buy art. The urban art from last year's Art Walk is for sale and can be seen along the Tigard Street Trail. In response to a question from Councilor Woodard about the Art Walk,Ms. Mollahan said there were 20 downtown business locations and this year artists were allowed to hold a pop- up event. It went very well and the artists were pleased with the opportunity. Larger pieces are available for yards or businesses and some are very affordable. She said the Art Walk runs through Saturday. D. Citizen Communication—Sign-up Sheet. No one signed up to speak. 3. CONSENT AGENDA: (Tigard City Council) A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. PROCLAIM MAY 15-21,2016 AS EMS WEEK TIGARD CITY COUNCIL MINUTES - MAY 10, 2016 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard-or.gov Page 2 of 7 C. PROCLAIM NATIONAL SCHOOL NURSE DAY—MAY 11,2016 Councilor Woodard moved to approve the Consent Agenda. Council President Snider seconded the motion and it passed unanimously. Yes No Councilor Goodhouse ✓ Councilor Henderson (Absent) Council President Snider V Councilor Woodard ✓ Mayor Cook V 4. ANNOUNCE "IF I WERE MAYOR" CONTEST WINNERS Mayor Cook announced the winners and slides of their contest entries were shown. They were called up for a photo opportunity and Mayor Cook presented them with a gift card. The Poster winner (from elementary grades 4-5) is Mason Thomas, a fourth grader from Templeton Elementary. The Essay winner (from Middle School grades 6-8) is Lindsay Drango, an eighth grader from St. Anthony's. Mayor Cook said their entries will be sent to Salem for the statewide contest. 5. RECOGNIZE THE 2016 TIGARD HIGH SCHOOL TIGERETTES ON THEIR NATIONAL CHAMPIONSHIP Coach Linda Sheron and five senior members of the dance team were honored by the City Council for winning the 2016 National Championship Title. Mayor Cook and the City Council offered their congratulations and asked them to come forward for photos. 6. RECEIVE REPORT FROM THE YOUTH ADVISORY COUNCIL DELEGATION'S TRIP TO THE NATIONAL LEAGUE OF CITIES CONFERENCE Mayor Cook said the council funded three young people to go to Washington DC and attend the National League of Cities annual conference. Councilors Woodard and Goodhouse also attended. The Tigard youth delegation members were Zarah Hashmat,Nicole Bintliff and Marie Piatski, chaperoned by Assistant City Manager Newton. The youth delegates thanked the city for giving them the opportunity to attend the conference and said it was a great learning experience. They presented a slide show which has been added to the packet for this meeting. At the conference they met youth delegates from many states. They heard speakers say they do not let national politics get in the way of running a city and they"do not have a democratic or a republican" fire department. Sessions included workshops on the TIGARD CITY COUNCIL MINUTES — MAY 10, 2016 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard-or.gov Page 3 of 7 environment and responsible city planning. Oregon delegates attended the National Youth Convention and divided into states to experience a mock election and problem solving. They reported that they loved the focus on non-partisan government, transparency and community trust. They realized that people in different cities with different needs adapt to unique situations. Municipalities share needs and can work together. Tigard's delegation went to the Capitol,met Representative Bonamici's staff and learned about policy and Oregon focus. They visited the senate and house of representative's offices and also got to attend a senate session which was a special opportunity. Senior Management Analyst Wyatt instructed them to note things that could be improved. They commented that they did not enjoy the youth delegate "National Convention"where much time was spent developing planks and they felt it had a dubious connection to real-world politics. There were other workshops they would have rather attended such as using social media for citizen communication and engagement. Mr.Wyatt will forward this feedback to NLC. They thanked council for funding this and requested that students in the future are also given a chance to attend. Council President Snider said the young women are a great example and invited students in the audience to consider joining the TYAC. Councilor Woodard heard speeches at a youth delegates breakfast and suggested there be a TYAC speaker at the State of the City address because young people have something of value to say. Mayor Cook commented that he appreciated their social media updates on the NLC conference. 7. AUTHORIZE THE MAYOR TO SIGN A PORTLAND WATER BUREAU MEMORANDUM OF UNDERSTANDING (MOU) FOR WHOLESALE WATER CONTRACT Utility Manager Goodrich said council was briefed at the April 27, 2016 meeting on a short-term water sales agreement with the City of Portland for the supply of water if the Lake Oswego/Tigard Water Project is delayed. He noted that at this time the project is on schedule and no delays are anticipated but it is prudent to have an agreement in place. He said the short- term water sales agreement is for temporary provision of water to Tigard customers if unforeseen events prevent receiving water from the new source. It is a six-month extension with minor conditions related to minimum take and pay and a five percent cost premium. It would allow Tigard to take a minimum of four million gallons per day with a maximum of six million gallons per day. The city attorney has reviewed the agreement and the Intergovernmental Water Board passed a motion recommending council approve authorization to sign the agreement. Staff recommends council authorize the mayor to sign the agreement. Mayor Cook asked if it is not needed until August can it be started then. Utility Manager Goodrich replied that if the city does not utilize the agreement by the June 15 trigger date, this agreement would expire and we would need to renegotiate a new agreement as a functional group rather than a wholesale purchaser. Councilor Woodard asked who pays the five percent TIGARD CITY COUNCIL MINUTES - MAY 10, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 4 of 7 premium. Council President Snider responded as a member of the LOTWP Oversight Committee and said if the contractor does not uphold their responsibility the contract provides for liquidated damages and this has negotiated so we can clarify what our damages are. Because we know what it costs to produce water and we know what we are going to have to pay, the difference between the two is what the damages are. Councilor Goodhouse moved to authorize the mayor to approve the agreement and Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Goodhouse ✓ Councilor Henderson (Absent) Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ 8. LOCAL CONTRACT REVIEW BOARD: RECEIVE BRIEFING ON TELEPHONE SYSTEM AND 2016-2017 PAVEMENT MANAGEMENT OVERLAY PROJECT CONTRACTS Finance and Information Services Director LaFrance introduced newly hired IT Manager Mike Nolop. He said the current telephone system is 15 years old, does not meet several business needs and is no longer supported by the vendor. The agenda item summary in the council meeting packet describes the process and different options.The search for a replacement system took a long time. Nine proposals were received and by the time staff figured out what would work best for Tigard through site visits and research the bids had expired. It was decided that a ShoreTel on-premise system would be the best choice. Staff identified a permissive, cooperative procurement opportunity with a local jurisdiction that allowed the city to get the system for less money than what was quoted on the original RFP. The total cost for the system (licenses, phones, switches, and support) is $185,388. This is a five-year cost,payable up front. Staff recommends that the Local Contract Review Board approve a contract with Inflow Communications for a ShoreTel on-premise phone system. The funds are currently budgeted in the Central Services Fund in the Information Technology Division. Council President Snider asked for clarification from staff and Finance and Information Services Director confirmed that the amount is in this year's budget and not spread out over five years. IT Manager Nolup said the city will own the system with a one-time purchase which includes five years of maintenance. Councilor Woodard asked if the voice recognition feature would be better and Mr. Nolop said technology has improved. Mr. LaFrance said that was one option considered but he was unsure if we are getting that and he will report back. TIGARD CITY COUNCIL MINUTES — MAY 10, 2016 City of Tigard I 13125 SW Hall Blvd., Tigard,OR 97223 I www.tigard-or.gov Page 5 of 7 Mayor Cook asked if staff knew what maintenance in year six would cost. Mr. Nolop said the cost for a smaller system in a nearby city was $6,500 annually. Mayor Cook said he does not want to pay $185,000 for a new system in five years. Mr. Nolop said he has worked in other locations with ShoreTel systems in year ten and fifteen and it is a very robust system. Council agreed to place this contract on the Consent Agenda at the next business meeting. Finance and Information Services Director LaFrance and Senior Engineering and Transportation Engineer McCarthy discussed the second contract for the annual pavement management overlay program which protects the city's investment in street infrastructure. It includes slurry seal and major maintenance rehabilitation projects (overlays). He referred council to the agenda item summary which has the types of treatments and street list. Mr. LaFrance said staff issued a multi-tiered bid schedule,adding streets under each tier with the intention of contracting for the most streets the budgeted$1.3 million would cover. The city received responses from five companies. The city will be able to reach the third tier this year by managing some projects earlier this fiscal year and r under the $1.3 million for fiscal year 2017. Staff has reviewed the bids and determined that S2 Contractors submitted the lowest responsible bid and they recommend that the Local Contract Review Board approve awarding a contract to them for$1,341,590.50.This is an updated number that includes adding Oak Street and Sandburg Street. With tier 3 added the city will be able to get through the entire list of streets needing repair. LCRB Member Woodard asked if anything fell off the list and Engineer McCarthy said this contract covers all streets in tiers 1-3 this year since bids came in lower than expected. LCRB Member Snider asked if there were any"curb cuts to nowhere." Engineer McCarthy said there were not. Mayor Cook asked for the number of curb cuts and Engineer McCarthy said there were 68 but he would need to verify. Mayor Cook noticed some work on Walnut Street was listed and asked how the timing would work with the Washington County's Walnut Street project. Engineer McCarthy said the city will be paving at the west end where the county project will be finished, out through 121"or 122"a. The county said it was no problem and ideally it can be done during the three-week period Walnut is closed for the water line replacement. Mayor Cook said the neighborhood notification and signs with dates are very helpful to residents. This contract can be placed on the Consent Agenda at the next business meeting. 9. NON AGENDA ITEMS City Manager Wine said the city was not successful in getting a U.S. Department of Commerce Economic Development Agency Public Works and Economic Development Assistance program grant for the Hunziker core. Additional questions were submitted and the city has another opportunity in June for consideration after responding. The questions relate to businesses, engineering and environmental permits and staff is able to answer these questions. Mayor Cook asked if the funding amount would be the same in June and City Manager Wine said it would be. Council President Snider asked if we need other opinions on how to make sure the city's responses are as robust as possible. City Manager Wine said we have received good feedback from the Washington DC agency staff and our federal lobbyist. Council TIGARD CITY COUNCIL MINUTES - MAY 10, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 6 of 7 President Snider asked if it would be worthwhile to ask a group of peer cities who have gone through this process to review our answers. City Manager Wine said that may be difficult because projects submitted by cities are very diverse. 10. EXECUTIVE SESSION None. 11. ADJOURNMENT Councilor Goodhouse motioned for adjournment at 8:44 p.m. Council President Snider seconded the motion and all voted in favor Yes No Councilor Goodhouse V Councilor Henderson (Absent) Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Carol A. Kroger, City Recorder Attest: John L. Cook,Mayor TIGARD CITY COUNCIL MINUTES — MAY 10, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 7 of 7 11111 City of Tigard Tigard Workshop Meeting Minutes TIGARD May 17, 2016 1E1 10 1. WORKSHOP MEETING A. At 6:34 p.m. Mayor Cook called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson V Council President Snider ✓ Councilor Woodard ✓ C. Mayor Cook asked those attending to stand with him for the Pledge of Allegiance. D. Council and Staff were asked for any Non Agenda Items. 2. RECEIVE BRIEFING ON TIGARD'S RECREATION PROGRAM Recreation Coordinator Markey,Assistant Public Works Director Wright and Parks Manager Martin briefed council on what recreation program staff have been working on. A PowerPoint slide show was presented and is in the packet for this meeting. Recreation Coordinator Markey said they are close to completing the tasks identified in Year 1 as suggested in the MIG Recreation Program Study. He said they have hired an intern and begun developing procedures,considering fee schedules and event guidelines and today met with the city's risk department on insurance waiver requirements. They are working on a recreation activity guide which will be a clearinghouse for events and activities in Tigard. They hope to have it ready in early June in digital format with just a few printed copies. He said city's code does not allow providing grants and scholarships to individuals or families for those who want to take classes but cannot afford them. He hopes to partner with Tualatin Riverkeepers and offer some scholarships so more kids can participate in programs. They wish to have the city code changed and implement a program by the summer. Recent events include hosting the St.Anthony's School Public Works Day and a very successful egg hunt at Cook Park.They partnered with the city for its Public Works Day and the Safe Routes to Schools Bike Safety Fair. They purchased a blow up movie screen for movies in the park and two have been scheduled. The August 19 showing is Zootopia at Fowler Middle School and the second will be during the Family Fest. Upcoming events are the Tigard Balloon Festival,National Skateboard Day on June 21, and Family Fest. Later in the year will be the Tigard Dog Park Costume Contest and the Holiday Tree Lighting. TIGARD CITY COUNCIL MINUTES —May 17, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 1 of 6 Assistant Public Works Director Wright said she has worked at many of these events and a frequent question she hears is how people can donate money towards the city recreation programs. Council President Snider asked if there was any reason this cannot be done currently and Ms. Wright said that is scheduled for discussion later in this meeting. Mayor Cook asked about the coordination of Family Fest with the Tigard Downtown Street Fair. He understood how an evening movie might not compete but asked how other Family Fest activities can avoid drawing people away from the Street Fair. Recreation Coordinator Markey said he met with the Tigard Downtown Affiance and that was also their question. He said staff is suggesting a Fun Run that will end at Symposium,right in the middle of the Street Fair. A Tour of Latin American will follow drawing more people to downtown activities. Council President Snider said he missed the last Budget Committee meeting and asked what the funding implications were for recreation and if the city was on track for next year. City Manager Wine said the Budget Committee opted not to fund Year 2 of the MIG study,meaning that the program will remain at status quo. Council President Snider asked about the rationale for that decision and Mayor Cook said of the items brought forward for consideration, the Budget Committee thought that hiring an extra police officer or other item was a more beneficial use of the dollars. He added that this does not mean that part could not be reinstated if we figure out other income to offset the cost. Council can discuss this again when the budget is considered on June 14. Councilor Goodhouse added that a suggestion was made to include the additional recreation programming into a local option levy. He said adding the$130,000 for parks and recreation to the utility bill would be around$0.40 a month. The Budget Committee decided they had other pressing general services needs. Council President Snider said now that the city is getting into the recreation business it would be a horrible shame to slow down and lose traction. He said it seemed like the discussion was not that recreation is not important,but that there needs to be discussion on how to fund it. Councilor Goodhouse said that the Budget Committee preferred taking baby steps rather than leaping forward with a program and then having to pull back. Councilor Woodard stated he did not agree with the Budget Committee decision. Councilor Woodard said Mr. Markey is doing a great job and is pleased with the success so far. He asked if he is thinking about revenue generating recreation activities. Mr. Markey said he would like to add classes and camps because they are money generating programs. He said what they are considering now is following the MIG report and hiring contractors. The city would take a percentage what they make and offer space,such as beautiful locations like Cook Park. The city would help with promotion through the recreation activity guide and social media. Councilor Woodard said he looks at ravines such as those near Bull Mountain Park and thinks, "tree camps or zip lines." He said there are many potential recreation activities in Tigard. 3. BREIFING ON RECREATION PROGRAM FEE ORDINANC. Parks Manager Martin said staff wished to discuss with council two options for approval of recreation fees and charges. Most park and recreation agencies set their own fees and charges. The cities set the rest of the charges such as utilities,but because of the opportunities arise so quickly with classes, etc. they allow a director (usually a park and rec director) to set fees and charges.The first option is to allow the public works director to set the recreation program fees TIGARD CITY COUNCIL MINUTES — May 17, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Page 2 of 6 and charges. The second option is to list them in the Master Fees and Charges Schedule but many of the details for classes and events are unknown when the scheduled is approved by council.The best estimate staff would have would be formulas. The one most often used is direct,plus direct plus forty percent. That is what would appear in the Master Fees and Charges Schedule. Council has the ability to award scholarships and grants to non-profits but not to individuals and staff prepared language to change the code to allow this. Assistant Public Works Director Wright said City Attorney Rihala reviewed the proposed code language. Council President Snider asked who would set the fee and staff responded that it would be the public works director. Councilor Woodard asked what the process would be and Parks Manager Martin said administrative procedures have not been developed. Councilor Woodard asked if there is a level of service level to determine the percentage subsidization. City Manager Wine said it would be premature to have a user fee structure discussion. Assistant Public Works Director Wright said the first step was developing contracts that will be used with partners and there are seven identified so far that staff would like to partner with. The percentage is 70/30 so 70 percent will go to the class or sport provider who will be running the program and 30 percent to the city for administration and oversight. She said they are looking at selling ads in the recreation activity guide and this is another Master Fees and Charges Schedule item. These ads would help raise revenue to pay for the guide. Council President Snider said he favored putting the fee setting authority outside of council. Councilor Henderson said the market will indicate what a fair price is. Council President Snider said it has to be competitive because if it is not,people will not use it. Councilor Henderson said the recreation program in Lane County gets so many offers for donations they have had to develop guidelines on what they will take and what they won't and Tigard will have to develop those guidelines too. Assistant Public Works Director Wright said staff is often approached by people who want to rent city buildings, such as the Fanno Creek House and staff needs to identify costs and establish fees before we start doing this. Councilor Woodard said he saw the additional fee revenues listed in the general fund in the agenda item summary and preferred a designated and defined recreation fund where extra revenues can go towards capital park projects. Council President Snider reiterated that in the future there will be less money flowing from the general fund into the park fund but that does not mean that other funds are using park and recreation money. City Manager Wine said the recreation program and the lion's share of maintaining and operating city parks are still funded by the general fund and as long as those are general fund-funded programs there will not be a dedicated fund for parks. The park utility fund was created to collect the revenues from the park and recreation charge. But even the levying of that charge does not fully cover park and recreation costs. So it is still in large part a general fund-funded service. Finance and Information Services Director LaFrance clarified the park utility fund is where the park and recreation fee dollars are being collected and it is a dedicated fund. The parks maintenance and recreation program expenditures come out of that fund. He said the park and recreation fee dollars cover about 40 percent of that total cost and the remainder is funded by a transfer from the general fund into the park utility fund. He said revenues would go into the park utility fund. Councilor Woodard noted that the agenda item summary is incorrect. TIGARD CITY COUNCIL MINUTES — May 17, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 3 of 6 Finance and Information Services Director LaFrance said it appeared council direction is to have the recreation program fees set by the public works director who will then do an annual report. He suggested when the code changes come before council they specify that revenues are going into the park utility fund. He said a future budget discussion can be held once we know what kind of revenue is coming in from the recreation program. Council raised questions that they will need to answer in that discussion: Does recreation revenue increase what can be spent on recreation?Does it decrease the transfer from the general fund? Mayor Cook said with master fees and charges the council is the appeal body and asked what the process would be for this first option. Parks Manager Martin said it would probably be the public works director. Assistant Public Works Director Wright said they have many fees in place already and rarely receive an appeal. Mayor Cook asked if the 30 percent being added to a class fee will cover the number of scholarships being awarded. He asked if staff wants to break even and at what point is it revenue generating. Mr. Markey said he would like to get close to 95 percent. Councilor Woodard said cost recovery can include getting sponsorships,renting out space in kiosks and taking a percentage during events.A few larger events a year can help pay for the recreation program. Councilor Henderson asked if the scholarship money would be in a separate fund. Finance and Information Services Director LaFrance said they are actually a reduction of the fee that would have charged them so it is not money going out;just less money coming in. Council President Snider said the question is how it would be accounted for and he suggested in the future there might be a line item called scholarships. Mr. Markey said the scholarship guidelines state that they will be given until the money allotted for scholarships is used. He said the "need" criteria will be developed for scholarship eligibility. Mayor Cook asked council if any member did not want to delegate the setting of recreation program fees to the public works director and no one had concerns. Staff will return with updated code language. 4. BRIEFING ON AN AGREEMENT WITH TRIMET REGARDING COST SHARE OBLIGATIONS FOR NEW SIDEWALKS ALONG SW COMMERCIAL STREET AND PACIFIC HIGHWAY Senior Project Engineer Newbury gave the staff report. This agreement is with TriMet and proposes cost share obligations for new sidewalks along Commercial Street and Pacific Highway from Naeve Street to Beef Bend Road. These sidewalks will improve access to transit facilities. The Commercial Street project is currently in the CIP and includes a stormwater management facility that will be managed by the city. It includes a sidewalk along Commercial Street between Main Street and Lincoln Avenue under the Pacific Highway bridge. The Commercial Street pedestrian path was completed as a"lighter,quicker,cheaper"city project but may need additional work to meet stormwater regulations. The Naeve Street to Beef Bend Road sidewalk will infill 510 linear feet on northbound Pacific Highway. The total cost of these projects is $1,305,000 and the funding ratio is 89.73 percent of Multimodal Transportation Enhancement Program (MTEP) funds to 10.27 percent of city funds. MTEP funds TIGARD CITY COUNCIL MINUTES — May 17, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 4 of 6 are fixed at$1,170,976.The city's contribution is $134,024, funded by the gas tax. Funding is not due until two years after the IGA is finalized so project costs could go down. He noted that cost overruns will need to be paid by the city so he referred the IGA to City Attorney Rihala who added language that the city has the right to comment on any proposed change orders. Council President Snider asked if we could get left with an unfunded portion similar to a situation with the Gaarde/McDonald/Pacific Highway intersection project. Mayor Cook said we were not able to comment on any changes with that project so this is a step in the right direction. He added that the work is federally funded and their costs are fixed. ODOT and TriMet are just the contracting agencies so any overruns would fall to the city. Engineer Newbury said there is a clause that the city can back out of the project before it is built if cost estimates rise. Councilor Henderson said he supports the connectivity of the Commercial Street project and he hopes this addresses the stormwater issues.He recommended any underground stormwater work be done before the sidewalks are built and also questioned whether where it joins Main Street is the best location. He noted that there is a grant for 95th Avenue near Lincoln and advised making sure the alignment matches. With three projects in this contract he asked staff to keep close watch on the costs. Mayor Cook asked about the area between the end of the new sidewalk and Bull Mountain Road and said it was dangerous. He said he hoped there is a way to connect it to this area. He said there was a development going in on the hill above and there will be a trail so people can access the bus stop on Pacific Highway and he asked if they would need to provide sidewalks. Engineer Newbury said the land use approval could be conditioned with that requirement. Council agreed this IGA with TriMet can be placed on the June 14 Consent Agenda. 5. DISCUSSION OF PROPOSED CODE CHANGES RELATED TO SYSTEM DEVELOPMENT CHARGES Finance and Information Services Director LaFrance,Assistant Finance Director Fitzpatrick and Parks Manager Martin presented this item. Mr.LaFrance led a discussion on necessary Tigard Municipal Code changes related to system development charges (SDCs). Mr. LaFrance briefed council on the history of the development and adoption of citywide and River Terrace parks and transportation SDCs which were consistent with council direction. Staff noticed some inconsistencies and gaps and created an interdepartmental workgroup. They have some recommended amendments to address issues. The first is to allow issuance of Transportation SDC credits for 50 percent of the local street portion of River Terrace Boulevard in addition to credits allowed for non-local portions of the street. Council wanted to be a little more generous than the 50 percent credit but allowing it to be in addition to non-local portions needs to be added to the Tigard Municipal Code (TMC). A lot of discussion was held on neighborhood parks built by developers. The city did a separate overlay for River Terrace and code language needs to be changed so the city can give credits to builders of neighborhood parks in River Terrace. The third change is citywide,not specifically for River Terrace. For multi-family developments we said that all development fees are due at the time of building permit issuance which is a standard practice,with one exception. The Washington County Transportation Development Tax (1'DT)is TIGARD CITY COUNCIL MINUTES — May 17, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 5 of 6 not payable until they are getting their occupancy permit. For consistency with TDT practice this needs to be changed in Tigard's code. Councilor Henderson asked if staff received feedback from developers and builders. Finance and Information Services Director LaFrance said they have been talking with Polygon, a developer in River Terrace and some inconsistency related to neighborhood parks was discovered in the code. They discussed the River Terrace Boulevard issue with a multi-disciplinary team. Council President Snider commented that the city made policy decisions but did not consider the details. Mayor Cook asked if there was a reason not to allow other fees to be due upon occupancy permit issuance rather than up front. Mr. LaFrance said the primary reason is that building permit issuance is when the city has the most leverage. City Manager Wine clarified that leverage implies that the applicant will meet conditions. Mayor Cook asked why multi-family developers can pay the TDT at occupancy rather than at permitting and Mr.LaFrance said there was a reason but he will need to get back to council on that. He clarified for Councilor Henderson that the city does not give credits on reimbursements. He added that for these code changes reimbursement is not an issue. City Manager Wine said this will return to council for a public hearing on June 14, 2016. 6. NON AGENDA ITEMS None. * EXECUTIVE SESSION At 7:55 p.m. Mayor Cook announced that the Tigard City Council would be entering into Executive Session to discuss real property negotiations under ORS 192.660 (2) (e). He said the council will adjourn from Red Rock Creek Conference Room after the Executive Session immediately after the Executive Session. 7. ADJOURNMENT At 8:15 p.m. Council President Snider moved for adjournment. Councilor Goodhouse seconded the motion and all voted in favor. Yes No Mayor Cook V Councilor Goodhouse ✓ Councilor Henderson V Council President Snider ✓ Councilor Woodard V Carol A. Krager, City Recorder Attest: John L. Cook,Mayor Date TIGARD CITY COUNCIL MINUTES — May 17, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 6 AIS-2761 4. Business Meeting Meeting Date: 07/26/2016 Length (in minutes): 15 Minutes Agenda Title: Discuss National Water Trail Designation for the Tualatin River Prepared For: Steve Martin, Public Works Submitted By: Steve Martin, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Discussion of National Water Trail designation for the Tualatin River. STAFF RECOMMENDATION / ACTION REQUEST Requesting Council direction in support of a National Water Trail designation for the Tualatin River. KEY FACTS AND INFORMATION SUMMARY Tualatin Riverkeepers is initiating an application to the Secretary of the Interior to designate the Tualatin River as a National Water Trail (NWT). A representative from the Tualatin Riverkeepers will join staff to brief Council on the status of this application. The Riverkeepers are planning to submit the application later this summer. The purpose of this effort is to bring more prominent stature to the Tualatin River Trail and the function it serves in this area. Benefits to designation include: •National promotion and visibility, including use by the management entity of use the National Water Trails System logo in appropriate settings and trail publications • Mutual support and knowledge sharing as part of a national network • Opportunities to obtain technical assistance and funding for planning and implementing water trail projects Criteria for designation include: •The trail (and its access points) must be open to public use and be designed, constructed, and maintained according to best management practices, in keeping with the anticipated use. Water trail access points that demonstrate state-of-the-art design and management are especially encouraged to apply for national water trail designation. •The trail is in compliance with applicable land use plans and environmental laws. •The trail will be open for public use for at least 10 consecutive years after designation. •The trail designation must be supported by the landowner(s), (public or private), on which access points exist. Additional information is attached and can be found on the NWT web page for the National Park System (www.nps.gov/watertrails). The City of Tigard's access points are located in Cook Park. In order to move forward, all water trail access points must be open to the public and each jurisdiction must submit written owner consent. Tualatin Riverkeepers is having similar discussions with West Linn, Rivergrove, Tualatin, Washington County, and Hillsboro. The presentation will include information about the status of this effort in other agencies. • With Council direction, this item will be brought back in August for formal consideration. OTHER ALTERNATIVES n/a COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Council has not discussed this issue before. Fiscal Impact Fiscal Information: There is no financial impact known at the time of the preparation of this AIS. Attachments NWT Information Email Intro from Brian Wegner Letter to Partners Email 6-30-16 Draft Application Information found at: https://www.nps.gov/WaterTrails/Home/About National Water Trails:Who Designates Them?Who Manages Them? Designation Authority While national scenic trails and national historic trails may only be designated by an act of Congress, national recreation trails (including national water trails) may be designated by the Secretary of the Interior or the Secretary of Agriculture (for trails on or in cooperation with National Forest Service lands).The designations recognize exemplary trails of local and regional significance. Through designation,these trails are recognized as part of the National Trails System. Management of Individual National Water Trails Each designated national water trail is managed by a local management entity(e.g., local, state,or federal government agency; nonprofit organization; interagency organization).The ongoing management responsibility and associated costs of the designated national water trail are the sole responsibility of the management entity. Coordination and Support for the Overall National Water Trails System The National Water Trails System is a grassroots effort that relies on local management of the designated water trails.The National Park Service(NPS) Rivers,Trails, and Conservation Assistance Program (RTCA) is the primary administrator that works in partnership with a collaborative interagency group. RTCA staff serves as a clearinghouse for information sharing and national water trail networking efforts. Agencies may nominate individual water trail designations, work in collaboration with community organizations seeking designation, help strengthen the network of water trail managers, and build the community of practice for water trails. RTCA coordinates the following functions undertaken by the interagency collaborative group: • reviews national water trail applications for designation • disseminates applicable information to management entities throughout the country(e.g., best management practices, water trail management strategies) • develops and maintains the National Water Trails System website, which provides extensive information on the system and best management practices for water trails What are the National Water Trail Criteria and Best Management Practices? As a subset of the national recreation trail designation,trails in the National Water Trails System must meet the four criteria for National Recreation Trail designation as follows: 1. The trail (and its access points) must be open to public use and be designed, constructed, and maintained according to best management practices, in keeping with the anticipated use. Water trail access points that demonstrate state-of-the-art design and management are especially encouraged to apply for national water trail designation. 2. The trail is in compliance with applicable land use plans and environmental laws. 3. The trail will be open for public use for at least 10 consecutive years after designation. 4. The trail designation must be supported by the landowner(s), (public or private), on which access points exist. In addition to the national recreation trails criteria, a designated water trail must incorporate the following best management practices: • Recreation Opportunities:The water trail route has established public access points that accommodate a diversity of trip lengths and provide access to a variety of opportunities for recreation and education. • Education:The water trail users are provided with opportunities to learn about the value of water resources, cultural heritage, boating skills, and outdoor ethics. • Conservation:The water trail provides opportunities for communities to develop and implement strategies that enhance and restore the health of local waterways and surrounding lands. • Community Support: Local communities provide support and advocacy for maintenance and stewardship of the water trail. • Public Information:The public is provided with accessible and understandable water trail information, including details for identifying access and trail routes; cultural, historic, and natural features; hazards; and water quality. The water trail is promoted to the community and broad national audience. • Trail Maintenance:There is a demonstrated ability to support routine and long-term maintenance investments on the water trail. Facilities are designed, constructed,and maintained by incorporating sustainability principles. • Planning: Maintain a water trail plan that describes a vision, desired future conditions, and strategies to strengthen best management practices. • What Are the Benefits of National Water Trail Designation? • Benefits of designation into the National Water Trails System include • designation by the Secretary of the Interior, including a letter and certificate announcing the designation as a national water trail • national promotion and visibility, including use by the management entity of use the National Water Trails System logo in appropriate settings and trail publications • mutual support and knowledge sharing as part of a national network • opportunities to obtain technical assistance and funding for planning and implementing water trail projects As a result of designation, national water trails may gain • positive economic impact from increased tourism • assistance with stewardship and sustainability projects • increased protection for outdoor recreation and water resources • contribution to public health and quality of life from maintaining and restoring watershed resources • access to networking and training opportunities • assistance with recognition and special events highlighting the trail All national water trails will be included in the online searchable database of trails and have a page on this site to share trail information including water trail descriptions, maps, photographs, water trail manager contact information, links to applicable websites, and best management strategies and practices.Water trail managers are urged to provide updated information about their national water trail for the website database by sending updates and additions via email to NWTS@nps.gov. How Do I Apply for National Water Trail Designation? To take the first step toward national water trail designation, the management entity for a potential trail submits a formal application via an application account accessed through this site.The application will describe how the water trail and its management entity achieve the criteria and meet the best management practices outlined. Applications are currently accepted on a continual basis and reviewed by a team of water trail subject matter experts and a collaborative interagency group. The recommended trail nominations are forwarded to the Secretary of the Interior for review and designation. Information sharing is a key element of the program because it fosters the development of a water trail community, creating a network of mentors and promoters of the National Water Trail System. Effective management approaches and best management practices identified in successful applications will likely become models for other water trail managers. The following table identifies the general steps of the review and designation process. National Water Trails System Review and Designation Process Application Submittal to the National Park Service The management entity(sponsor)submits the official application and a letter of support from the respective state trail administrator(s) through the application account. Initial Review The application is reviewed for consistency with the criteria for national recreation trail designation.The appropriate federal agency staff confirms and ground truths the water trail. Water Trails Best Management Practices With assistance from subject matter experts in Evaluation applicable federal agencies, applications are reviewed for the best management practices identified in the application. Interagency Review and Recommendation An interagency review team reviews final applications and nominates the proposed national water trail for designation to the Secretary of the Interior(except on or in cooperation with National Forests lands). Announcement of New National Water Trail The Secretary of the Interior(except on or in Designation cooperation with National Forests lands) makes official designation of the new national water trail. Email from Brian Wegner on 6-23-2016 Dear Steve, I've been working on an application to have the Tualatin River Water Trail designated as a National Water Trail. The National Parks Service requires a letter of consent from the owners of public access facilities on the water trail. I am hoping that you can provide that letter of consent. Attached you will find: • A letter explaining the National Water Trail Application; • A draft letter of consent from Washington County supporting the National Water Trail designation; • A draft ordinance for the Washington County Commissioners in support of the National Water Trail Designation. I have been advised by the National Parks Service that there will likely be a new Secretary of the Interior with the new administration next year, so I would like to get everything submitted before the end of summer. Thanks for your help. Brian Wegener, Riverkeeper Advocacy & Communications Manager Tualatin Riverkeepers 11675 SW Hazelbrook Road Tualatin, OR 97062 503-218-2580 TUALATIN._ = j RIVERKEEPERS Join our e-mail list. www.tualatinriverkeepers.org TUALATIN RIVERKEEPERS. 11615 SW Haze!brook Road • Tualatin, Oregon 91062 phone 503-218-2580 • fax 503-218-2583 www.tualatinriverkeepers.org July 5, 2016 Steve Martin Parks and Facilities Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Steve, Tualatin Riverkeepers is initiating an application to the Secretary of the Interior to designate the Tualatin River Water Trail as a National Water Trail (NWT). The Trail runs 40 miles from Rood Bridge Park in Hillsboro to the confluence with the Willamette River. In order to move forward, all water trail access points must be open to the public and submit written owner consent for this application to complete the application to the Secretary of the Interior. The National Water Trails System is a distinctive national network of exemplary water trails that are cooperatively supported and sustained. More specifically,the National Water Trails System has been established to • Protect and restore America's rivers, shorelines, and waterways • Increase access to outdoor recreation on shorelines and waterways. Benefits of designation into the National Water Trails System include • Designation by the Secretary of the Interior, including a letter and certificate announcing the designation as a national water trail • National promotion and visibility, including use by the management entity of use the National Water Trails System logo in appropriate settings and trail publications • Mutual support and knowledge sharing as part of a national network • Opportunities to obtain technical assistance and funding for planning and implementing water trail projects As a result of designation, national water trails may gain • Positive economic impact from increased tourism • Assistance with stewardship and sustainability projects • Increased protection for outdoor recreation and water resources • Contribution to public health and quality of life from maintaining and restoring watershed resources • Access to networking and training opportunities • Assistance with recognition and special events highlighting the trail All national water trails will be included in the online searchable database of trails and have a page on this site to share trail information including water trail descriptions, maps, photographs,water trail manager contact information, links to applicable websites, and best management strategies and practices. Attached you will find a draft letter of consent and a draft county ordinance in support of the National Water Trail designation. Please return the letter of consent to me at your earliest convenience. We hope to pair the celebration of the National Water Trail designation with the grand opening of Metro's Farmington Launch next spring. Sincerely, Brian Wegener, Riverkeeper Advocacy& Communications Manager brian@tualatinriverkeepers.org Email from Brian Wegner on 6/30/2016 Water Trail Partners, Here are some things that are going on with the Tualatin River Water Trail. 1. Marine Deputy Jeny Roley has flown the aerial survey of logjams and is compiling data. He will share the results soon. 2. Access Recreation will be shooting video of Cook Park launch on July 8 as part of their project for Metro to provide useful information about trails for people with disabilities. 3. I have completed a near-final draft of the application for the National Water Trail Designation(attached). I am gathering letters of consent from all of the parks with access points. So far,these cities have put resolutions in support of the National Water Trail Designation on their City Council Agenda. o Rivergrove City Council-July 11 o West Linn City Council -July 11 (tentative) o Tigard City Council - July 26 (work session), August 9 (resolution) o Tualatin(Rich Mueller), Washington County (Carl Switzer) and Hillsboro (Dave Miletich) are working to advance resolutions in their jurisdictions. o I am seeking letters of endorsement from other community partners. Please send them to brian@tualatinriverkeepers.org 4. Hillsboro Parks Board is meeting on July 20 at 11 am at Rood Bridge Park to discuss water trail development issues. We will be doing a short canoe trip. They received a Nature in the Neighborhoods grant from Metro for the upgrade of the Rood Bridge Launch and are working on securing additional funding to complete the project in the summer of 2017. 5. Washington County Visitors Association has reprinted the Tualatin River Water Trail Map. You can order your supply at http://tualatinvalley.org/industry/bulk-info-request/ 6. Tualatin Riverkeepers is hosting the second annual paddle trip for people with disabilities at Cook Park on August 20. Info at http://tualatinriverkeepers.org/post events/paddle- trip-for-people-with-disabilities/ 7. The 27th Annual Tualatin River Discovery Day was held on June 25 in Tualatin. 157 paddlers participated and 69 volunteers were involved. We hope to hold the 2017 Discovery Day at the new Metro Farmington Launch down to Eagle Landing and the 2018 Discovery Day from Rood Bridge Park to Metro Farmington. 8. We still need help getting Water Trail Road Signs installed to direct traffic to the launch sites. Tigard&Tualatin have their signs on the roads and West Linn has the signs in their parks. If you have influence with the road department in your jurisdiction, please encourage them to participate. Contact me if you need signs. 9. The map signs have been installed at Eagle Landing, Tualatin Community Park, Fields Bridge Park, and Willamette Park. If you need a map sign for a launch area or tourist information site please contact me. Zar • • 41L Ude*River Web.Sap A Keep in touch! Brian Wegener, Riverkeeper Advocacy & Communications Manager Tualatin Riverkeepers 11675 SW Hazelbrook Road Tualatin, OR 97062 503-218-2580 TUALATIN.=> RIVERKEEPERS Join our e-mail list. www.tualatinriverkeepers.org National Water Trail System Application User Actions • Create a New Application • Print This Application • Log out Field Review Summary Reviewer Name: --- Date Assigned: --- Field Review Status:--- Date Completed: --- Review and Submit Application for: Tualatin River Water Trail Please review your application for completeness,accuracy,and proper spelling before submitting. Jump to: Top•Trail Information•BMP•Contacts•Owner Consent and State Support•Photo and Map• Additional Supporting Materials •Signature Page Section 1: Trail Information Click to Edit Section 1 BASIC TRAIL INFORMATION Trail Name Tualatin River Water Trail Trail Location In Washington County and Clackamas County Oregon including the cities of Hillsboro, Tigard,Tualatin, Rivergrove and West Linn and passing through the Tualatin River National Wildlife Refuge. Directions to Trail Various access points including Cook Park in Tigard,Tualatin Community Park in Tualatin, Rood Bridge Park in Hillsboro, Brown's Ferry Park in Tualatin. Latitude and 45.393917°/-122.798858° Longitude City(ies)/Township(s): Hillsboro,Sherwood,Tigard,Tualatin, Durham, Rivergrove, West Linn County(ies):Washington,Clackamas State(s): In Washington County and Clackamas Count U.S. Congressional District(s): In Washington County and Clackamas County Oregon i Short Description The Tualatin River Water Trail runs 39 miles from Hillsboro Oregon to its confluence with the Willamette River in West Linn Oregon. Long Description The Tualatin River Water Trail runs through farm lands,cities,and the Tualatin River National Wildlife Refuge. It provides convenient access for paddling,fishing and wildlife observation to the Portland Oregon Metropolitan area. Eleven developed launch sites managed by city,county,and regional governments currently support the trail. Informal access occurs at road right-of-ways under 2 bridges.Metro Regional Government and the City of Tigard have acquired three additional parcels for future access development.Excellent promotion and marketing of the Tualatin River Water Trail is provided by Washington County Visitors Association and the Intertwine Alliance. Ecological and flow management is provided by Clean Water Services(a regional service district). Regional planning for habitat restoration and public access is provided by Metro(regional government). U.S Fish and Wildlife Service manages 2000 acres at various locations along the water trail. The Tualatin River has the significance as the first water body to successfully implement Total Maximum Daily Loads(water quality standards)under the Federal Clean Water Act. Tualatin Riverkeepers and Alder Creek Kayak and Canoe currently offer canoe and kayak rentals at two sites on the river in the summer.Tualatin Riverkeepers offers regular public guided trips. Washington County Visitors Association has funded new wayfinding signage for the trail. Tualatin Riverkeepers placed river mile signage along the river since 1990. Roamers Rest RV Park (privately owned)provides the only camping facility currently on the river. TRAIL DETAILS Length of trail open 38.50 miles 61.96 KM Loop?No to public use National Designations:None State Designations:None Allowed Uses Boating,non-motorized: Canoeing Boating,non-motorized:Kayaking Fishing Swimming: Wading Wildlife Observation Other Uses/Notes Accessibility Traihead Signage: Yes Information Brochures: Yes Available? Website: Yes Other Information: Primary Trail Surface Additional Surfaces Water,slow moving Water,still VISITING AND FEES Open Dates I/1 to 12/31 Times of Operation Open 24 Hours Seasonal Notes Fees Admission Fee:None Parking Fee:None Permit Fee:None Visiting and Fee Currently no fees at the public access facilities. Notes Section 2: Best Management Practices Mission Statement The Tualatin River is built for recreation. Perhaps the most family friendly river in the state, it is conveniently located within the Portland Metropolitan area and is very safe,having such a calm flow it is navigable upstream or downstream from most launch locations and is an ideal environment for families with children to paddle on. The Trail provides urban residents and out-of-town visitors with an opportunity to observe and get close to wildlife as they paddle through the Tualatin River National Wildlife Refuge. Click to Edit this BMP Recreation Opportunities The Tualatin River Water Trail currently has 11 public access facilities over 40 miles with an additional facility to open in 2016. Local governments (Metro and the City of Tigard)have purchased 4 additional sites for future public access. The low gradient and easy access make the Tualatin River a perfect place for beginners to get their paddles wet. There is a short 1.6 mile Class 1 whitewater run during winter high flows. Tualatin Riverkeepers has monthly guided paddle tours for the public May through October.There are two canoe and kayak rental liveries that operate in the summer.Annual Events include Tualatin River Discovery Day on the last Saturday of June and the Political Paddle Race where elected official race in canoes and kayaks. The river is seeing more use by stand-up paddle boarders in recent years. Click to Edit this BMP Education Tualatin Riverkeepers(TRK)partners with government and community organizations to provide educational paddle trips on the Tualatin River. In 2015 educational paddle trips were conducted with Adelante Mujeres,Oregon Zoo,Centro Cultural, Portland Community College,Community Partners for Affordable Housing,Adventures Without Limits,and Darma Rain Zen Center.TRK conducted 6 additional trips with nature day camps and 3 company sponsored volunteer clean ups.There were 3 paddle trips with employees of Clean Water Services(sewer district)and one with local elected officials. The cities of Hillsboro and Tualatin have summer day camps at locations along the river. Tualatin Riverkeepers,Jackson Bottom Wetlands Preserve, Friends of the Tualatin River National Wildlife Refuge and Willowborook Arts Camp all have day camps at sites on the river. Clean Water Services,Friends of Trees and Tualatin Riverkeepers launched a new environmental education program for middle school student at the Tualatin River Farm 2016 are growing that program in 2016. The City of Hillsboro has nature education programs at Rood Bridge Park and Jackson Bottom Wetlands Preserve. Private outfitters REI,Next Adventure,Alder Creek Kayak&Canoe,Educational Adventures,and Northwest Discoveries all offer recreation instruction on the Tualatin River. The Student Watershed Research Project(SWRP),a self support program of Portland State University's Environmental Science and Management Department,uses the cooperation of teachers,students,scientists,businesses,governmental agencies,and community groups to couple watershed education with the collection of high quality data. It is the mission of SWRP to develop awareness,knowledge,skills,and commitment leading to responsible behavior and constructive actions with regard to water quality and watershed resources.Nine different high schools collect water quality data on tributaries of the Tualatin River. The Tualatin River National Wildlife Refuge and the Friends of the Refuge have a comprehensive nature education program that includes teacher workshops,school field trips,public nature walks,birding,botany and photography classes and engage volunteers in habitat restoration,surveys and outreach. Click to Edit this BMP Restoration Tree for All is a community partnership of cities,nonprofits,farmers,volunteers and others who have joined hands(and shovels)to plant native trees and shrubs along the Tualatin River and its tributaries.Streams lined with native vegetation provide cleaner,cooler water,better flood management,and fish and wildlife habitat. It's good for Mother Nature and our community! As a community-wide effort,the 2014-15 challenge was designed to celebrate 10 years of success and launch the next decade of Tree for All,which involves: Underscoring the importance of native plants to our community Encouraging stewardship of water resources and wildlife habitat Celebrating and building upon a history of community partnerships Promoting community pride in water resources and natural areas Working together,we not only met but exceeded our goal,by planting more than 1.2 million trees and shrubs in one planting year. In fact,when you count all native plants--grasses and the like,along with trees and shrubs--the 2014-15 planting number crests the two million mark. The Tualatin River National Wildlife Refuge has developed their own master plan. Click to Edit this BMP Community Support Tualatin Riverkeepers(TRK)has successfully lobbied Metro and local cities for land acquisitions,water trail development and maintenance.Because of this advocacy and the activation of TRK's membership,the Tualatin River Water Trail is listed as the 3rd highest priority on the draft Water Trails Plan for Oregon State Parks. Tualatin River Discovery Day is an event organized by Tualatin Riverkeepers on the last Saturday in June that gets over 200 paddlers on the water trail. The event has been held for 26 consecutive years with strong support from volunteers,agencies and corporate sponsors. TRK sought and received grant funding for water trail signage and printed maps from the Washington County Visitors Association. A representative of Tualatin Riverkeepers sits on the Oregon State Marine Board's Boat Oregon Advisory Team for non-motorized recreation. Volunteers with Tualatin Riverkeepers lead monthly paddle trips on the water trail from May through October. Volunteers with Friends of Trees,Tualatin Riverkeepers,SOLVE,and local cities perform invasive plant removal and native planting through the"Tree For All Program"of Clean Water Services.Clean Water Services has restoration agreements with Metro for riparian sites in the Tualatin River Basin including the Farmington launch. Volunteers with Tualatin Riverkeepers do an annual river trash clean up in September with the support of the City of Tualatin. In order to maintain and grow support from local governments,Tualatin Riverkeepers hosts an annual paddle race for elected officials in the summer. Click to Edit this BMP Public Information Washington County Visitors Association(WCVA)published the Paddler's Access Guide to the Lower Tualatin River with Tualatin Riverkeepers. WCVA also funded 70 road signs directing people to the 13 launch sites on the Tualatin River Trail. Each of the sites will have a 4'x 6'water trail map. WCVA has a whole campaign around nature-based recreation in the Tualatin Valley.Their"Passport to Nature"describes 16 destinations for nature recreation.http://tualatinvalley.org/activities-attractions-outdoors/exploring-nature-wildlife/ Tualatin Riverkeepers maintains a blog that posts conditions and hazards to navigation reported by paddlers.http://tualatinriverpaddling.blogspot.com/ The Intertwine Alliance maintains an online interactive map for outdoor recreation that includes sites on the Tualatin River Water Trail. https://www.theintertwine.org/trails/tualatin-river-water-trail Access Recreation received a grant from Metro to assess accessibility and produce online videos of parks and trails from the perspective of people with disabilities.They have completed assessment and videos of two parks on the Tualatin River Water Trail(Rood Bridge Park and Fields Bridge Park)and will be working on others in 2016.Videos may be seen at http://accesstrails.org/AR-trail-info/Videos.html . Click to Edit this BMP Trail Maintenance Rood Bridge Park at River Mile 38.4 is maintained by The City of Hillsboro Parks and Recreation Department. They are currently working on an upgrade to the boat ramp and the addition of a floating dock. Farmington Rd.&River Road Launch at River Mile 33.3 is being constructed by and will be managed by Metro Parks&Nature.Natural Habitat Restoration will be performed by Clean Water Services and includes a multi-year maintenance agreement.In association with their development of river access at the intersection of Farmington and River Roads,Metro will work cooperatively with Tualatin Riverkeepers,the Washington County Sheriff's Office and the Oregon State Marine Board to consider both short and long-term solutions to log jams located between river miles 38 to 24. Eagle Landing Park at River Mile 29.6 is maintained by Washington County Parks. The Scholls Bridge right-of-way at River Mile 26.9 is maintained by Oregon Department of Transportation. The City of Tigard Parks and Recreation Department maintains Cook Park at River Mile 9.8.The City of Tigard also holds land for a future park and and an easement for river access at River Mile 18.5. The City of Tualatin Parks and Recreation Department maintains the 99W launch (RM 11.5),Jurgens Park(RM 10.6),Tualatin Community Park(RM 8.9)and Browns Ferry Park(RM 7.5). The City of Rivergrove maintains the Stark Boat Ramp at River Mile 7.4. Clackamas County owns and maintains the right of way on Shadow Wood Drive at Riverve MIle 5.4 near the Shipley Bridge. The City of West Linn maintains Fields Bridge Park(RM 1.6)and Willamette Park(Tualatin RM 0.0). Willmette Park is also on the Willamette River National Water Trail. Metro holds lands for future development of access in the vicinity of River Mile(RM)24-25, RM 13.5, and RM 5.8. Tualatin Riverkeepers organizes an annual trash cleanup on the river each September. Under agreement with the Oregon State Marine Board,the Washington County Sheriffs Marine Patrol investigates and evaluates hazards to navigation on the water trail. Click to Edit this BMP Planning Metro Regional Government has taken the lead in planning and acquiring land along the Tualatin River Water Trail. Bond measures approved in 1995 and 2006 buy land to protect clean water,wildlife habitat and opportunities to enjoy nature. A local option levy passed in 2013 helps care for this growing collection of natural areas by improving them for visitors,restoring habitat and engaging the community. Using these bond funds, Metro has purchased 5 sites along the water trail for future access and/or nature space,and assisted in the purchase of other properties by local cities.One of the Metro sites,at the Phillip Harris Bridge is under development and will open for public access early in 2017. Goals and Objectives of the Tualatin River Greenway Target Area The area where the Property is located has long been a focus of a larger strategy to provide public access to the Tualatin River.The Property's location was identified as a Tier One objective in both the 1995 Open Spaces,Parks and Streams Bond Measure(the"1995 Bond Measure")and the 2006 Natural Areas Bond Measure(the"2006 Bond Measure"),mainly due to its inclusion in the 1992 Greenspaces Master Plan. In the Greenspaces Master Plan,the Tualatin River Greenway Target Area was described as follows: "The Tualatin River is typical of the slow flowing,meandering small rivers and streams that flow through the Willamette Valley floor.The relatively low slope makes it ideal for canoeing and for amateur boaters. There are few access points on the Tualatin along its course,which makes land acquisition for recreation uses more important."A Tier I objective of the 1995 Bond Measure Tualatin River Access Points Refinement Plan,adopted by the Metro Council in 1996,was to"acquire a minimum of 266 acres to establish four regional access point sites along the Tualatin River Greenway that meet the following objectives: • Locations along the river at intervals of 5 to 10 river miles,allowing for day trips and shorter trips than is now practicable. • Safe accessibility from a public roadway that can adequately accommodate additional traffic. • Developable for boat ramps and/or docks by reason of existing shallow slopes and banks •Associated with sufficient uplands for such features as parking,restrooms,picnic areas,and buffering from the River and adjacent uses." The Tier I objectives of the 2006 Bond Measure's Tualatin River Greenway Target Area Refinement Plan are to: • Protect natural areas adjacent to existing public lands to provide public access and improve wildlife habitat protection. •Continue the work begun in 1995 to enhance the water trail by providing access point sites along the Tualatin River Greenway that meet the following criteria: o Locations along the river at intervals of 5 to 10 river miles,allowing for day trips and shorter trips than is now practicable. o Safe accessibility from a public roadway that can adequately accommodate additional traffic. o Developable for boat ramps and/or docks by presence of existing shallow slopes and banks. o Associated with sufficient uplands for such features as parking,restrooms,picnic areas and buffering from the river and adjacent uses. o Associated with key locations where there is particular interest in additional boat access/pull-outs including: south of Farmington Road,north side of the river in the vicinity of Rainbow Lane,and in the vicinity of Elsner Road Click to Edit this BMP Supporting Documents: BMP Type Description Link Paddler's Recreation Brochure Access Guide to the Lower 42-Tualatin Riverkeepers_Water Trail_MapParallelFold New Size_8.pdf - _ - - Tualatin River Tualatin River Public Photo Water Trail 42_TRWT_Logo_CMYK_SIGN.ipg Road Sign Tualatin River Public Brochure Water Trail 42 Tualatin_Riverkeepers_Water_Trail_Map-ParallelFold_New_Size_8.pdf Map A Paddler's Access Guide to the Lower Tualatin River published by Education Brochure Washington 42_Tualatin_Riverkeepers_Water_Trail_Map ParallelFold_New_Size_8.pdf County Visitors Association and Tualatin Riverkeepers Water Trail Public Photo Map at Eagle 42_DSCN0131.jp2, Landing Water Trail Public Photo Road Sign on 42_WTSign.JPG Durham Road Public MapWater Trail 42 Tualatin Riverkee ers_Water Trail 45x6 df Map Sign - - p - api�_ 2.P Metro resolution Planning Other revising the 42_Metro Council Metro Legislation Reso_Areas_Acquisition_Refinement Plan For the Tualatin River Greenway_Target_Area_.PDF Tualatin River - - - - - - Water Trail Plan. Tualatin River Water Trail Planning Map Map with 42 Metro Map_River_Greenway_Target_Area_With 2006 Natural Areas Bond Measure Proceeds_.pdf Metro - - - - - Acquisition Target Areas Newspaper article on Tualatin River Political Paddle Race organized by Tualatin Community Other Riverkeepers 42_OregonJ.ocal_lews_Officials_race_through_Tualatin_River Political_Paddle Race.pdf to engage elected officials support for the water trail and environmental protection Edit supporting documents by editing the corresponding BMP above. Section 3: Contacts Agency/Unit Name/Position Mailing Delivery Phone/Fax Email/Website ACTIONS Address Address 11675 SW 11675 SW Mr. Brian C. Hazelbrook Hazelbrook Tualatin Wegener Road Road (503)218- brian@tualatinriverkeepers.org jeditl "delete" Riverkeepers Riverkeeper Tualatin, Tualatin, 2580 www.tualatinriverkeepers.org OR 97062 OR 97062 Hillsboro Parks Ms.Maria 4400 NW (503)681- &Recreation Davila Bores 229th Ave 5319 Maria.DavilaBores@hillsboro-oregon.gov jeditl [delete] Rood Bridge Parks Project Hillsboro, (503)681- http://www.ci.hillsboro.or.us/ParksRec Park Specialist OR 97124 6124 Metro Parks& Mr. Rodney 600 NE (503)797- Nature Wojtanik Grand 1846 Rod.Wojtanik@oregonmetro.gov FarmingtonSenior Parks Portland, (503)797- http://www.oregonmetro.gov/news/new-boat-launch-will-provide fedit� 'delete]. Boat Planner OR 97232 1849 access-tualati Launch City of Tualatin Parks and Recreation Mr. Rich 18880 SW (503)691- 99W, Mueller Martinazzi 3064 Jurgens,Tualatin Parks and Ave. rmueller@ci.tualatin.or.us jilj [delete' (503 Community, Recreation Tualatin, 9786 p' g g 691- htt //www.tualatinore on. ov/recreation/tualatin-river-water-trail Brown Ferry Manager OR 97062 Parks West Linn Parks Mr.Ken 22500 (503)557- and Recreation Worcester Salamo 4700 Fields Bridge Parks& Road kworcester@westlinnoregon.gov lediti [deletel Park, Recreation West Linn, (503)656- http://westlinnoregon.gov/parksrec/about-west-linn-parks Willamette Park Director OR 97068 4106 Mr. Steve 13125 SW (503)718- Tigard Parks& Martin HALL 2583 Recreation Parks and BLVD. steve@tigard-or.gov Jeditl Jdelete Cook Park Facilities Tigard,OR (503)684- http://www.tigard-or.gov/community/parks.php Manager 97223 8840 City of P.O Box (503)639- Ms. Sheri 1104 Rivergrove 6919 Richards Lake sheri@cityofrivergrove.com Jeditl Wield Stark Boat City Manager Oswego, (503)624- http://cityofrivergrove.com/ Ramp OR 97035 8498 215 SW Mr.Jerry (503)846- Washington ADAMS, Roley 5955 Jerry_Roley@co.washington.or.us County Sheriff Marine Patrol MS 32 (503)846- http://www.co.washington.or.us/Sheriff/FightingCrime/Patrols/marine- jgdetl Jdelete] Marine Patrol Deputy Hillsboro, 2719 patrol. OR 97123 Washington Mr.Carl 169 N 1st (503)207- County Parks Switzer Ave 8760 Carl—Switzer@co.washington.or.us jeditl fdeletel Eagle Landing Parks Hillsboro, (503)846- http://www.co.washington.or.us/support_services/facilities/parks/ Park Superintendent OR 97124 4851 Mr. Mike 11675 SW Hazelbrook Tualatin Skuja 503-218- Road mike@tualatinriverkeepers.org Will Edeletel Riverkeepers Executive 2580 Director Tualatin, www.tualatinriverkeepers.org OR 97062 Add a contact Public Contact:Tualatin Riverkeepers jl Section 4: Owner Consent and State Support Type Description Filename None Available Click to Edit Section 4 Section 5: Photo, Map and Logo Map Filename: 42_Tualatin_Riverkeepers_Water Trail_MapDescriptio Photo: Paddling on the Tualatin River Water Trail Photo Credit: John Driscoll Upload Photo,Upload Map or Upload Logo Section 6: Additional Supporting Materials Type Description URL/Filename A Paddler's Access Guide to the Lower Tualatin River published by the Brochure Washington County 42_Tualatin_Riverkeepers_Water_Trail_Map_ParallelFold_New_Size_8.pdf Visitors Association in partnership with Tualatin Riverkeepers. Tualatin River Website Water Trail Web http://tualatinriverkeepers.org/water-trail/ Page Tualatin River Website Water Trail https://www.facebook.com/TualatinRiverWaterTrail/?fref=ts Facebook Page Tualatin River Website Logjam and http://tualatinriverpaddling.blogspot.com/ Navigation Report Website Water Recreation in http://tualatinvalley.org/activities-attractions-outdoors/exploring-nature- the Tualatin Valley wildlife/water-recreation/ Click to Edit Section 6 Section 7: Signature Page Type Description URL/Filename None Available Click to Edit Section 7 Jump to: Top•Trail Information• BMP•Contacts•Owner Consent and State Support• Photo and Map•Additional Supporting Materials •Signature Page For questions and support, contact: Corita K. Waters NPS Rivers,Trails,and Conservation Assistance Program Department of the Interior 202-354-6908 corita_waters@nps.gov The National Recreation Trails Program �*n+ 4. Application instructions can be found on the NWTS site,which provides American Trails,P.O. Box 491797,Redding,CA 96049- information and documents required for new applications. You may use this as a 41797dal checklist to gather data for the online application. Basic information is entered on the Phone(530)605-4395• Fax:(530)547-2035• rRAILS application website,and supporting materials(maps,photos,etc.)can be uploaded nrt americantrails.org•www.AmericanTrails.org �� loollt but must be in standard electronic formats. ,, American Trails This application process is for trails on state, local,or private land,OR on federal land(outside the US Department of Agriculture). If your water trail is on National Forest,National Grassland,or other land managed by the Department of Agriculture, you should contact the US Forest Service National Recreation Trails Program. This online application and the NRT database are hosted and maintained by American Trails. AIS-2740 5. Business Meeting Meeting Date: 07/26/2016 Length (in minutes): 5 Minutes Agenda Title: Consider Resolution Authorizing Metro Equitable Housing Planning and Development Grant Application Submitted By: Sean Farrelly, Community Development Item Type: Resolution Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council approve a resolution authorizing an application for a Metro Equitable Housing Planning and Development Grant? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the resolution. KEY FACTS AND INFORMATION SUMMARY The City of Tigard is participating in the regional Southwest Corridor Plan with the goal of bringing light rail transit to Tigard's designated Town Center (Downtown Tigard and the Tigard Triangle) by 2025. Existing unregulated low income housing in these areas may be displaced both by construction of the light rail infrastructure, and by the rising rents that will result from high quality transit service. Much of the current housing stock in the Town Center could be described as "de-facto" affordable housing: older buildings with lower than average rent that are not designated as permanently affordable units. To mitigate the potential effects of displacement, staff submitted a letter of interest to Metro's Equitable Housing Planning and Development Grant Program to fund the SW Corridor Affordable Housing Predevelopment project on June 8th, 2016. The Tigard Southwest Corridor Affordable Housing Predevelopment project is for predevelopment feasibility assistance that will lead to: • Engagement with Town Center residents at risk of displacement to determine equitable solutions for affordable housing. • Identification of opportunity sites for affordable housing development near the proposed SW Corridor station locations in Downtown Tigard and the Tigard Triangle. • An affordable housing funding analysis to support an anti-displacement strategy. • A model relocation program for residents impacted by SW Corridor rail alignments and expected rental market price escalation. • Building capacity and community leadership for affordable housing tenants and advocates. The City of Tigard is proposing to partner with three non-profits on the project. Community Partners for Affordable Housing (CPAH), dedicated to the development of permanently affordable is interested in utilizing a public-private partnership to develop and maintain affordable housing in Tigard. The Community Housing Fund's goal is to secure new sources of capital, and make those funds available in strategic investments to create and preserve affordable housing in Washington County. 1000 Friends of Oregon advocates for affordable housing solutions throughout the state. All three nonprofits would provide technical assistance on the project and have representatives serving on the project advisory committee. Staff briefed Council on the grant opportunity on June 28. On July 1, Metro notified the city that its letter of interest met the basic eligibility requirements for the program, and encouraged the city to move forward with a full grant application. A full application requires a formal action by Council. OTHER ALTERNATIVES Council could choose not to approve the resolution, which would mean the full application would not be submitted. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Tigard Comprehensive Plan Housing Goal 10.1: Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future city residents. Special Planning Areas: Downtown Goal 15.2 Facilitate the development of an urban village Policy 6: New housing in the downtown shall provide for a range of housing types, including ownership, workforce, and affordable housing in a high quality living environment. DATES OF PREVIOUS CONSIDERATION June 28, 2016 Study Session Discussion of Metro Equitable Housing Planning and Development Grant application Fiscal Impact Cost: $60,000 Budgeted (yes or no): yes-match Where budgeted?: Community Development Additional Fiscal Notes: The grant request is for $50,000. The city has proposed approximately $10,000 of in-kind match (staff time). Attachments Council Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION APPROVING AN APPLICATION FOR A METRO EQUITABLE HOUSING PLANNING AND DEVELOPMENT GRANT TO FUND THE SOUTHWEST CORRIDOR AFFORDABLE HOUSING PREDEVELOPMENT PROJECT WHEREAS, Metro has funding available for Equitable Planning and Development Grant program, which supports local planning to eliminate barriers to equitable housing development; and WHEREAS, the city wishes to mitigate the potential effects of low income housing being displaced in Downtown Tigard and the Tigard Triangle if the Southwest Corridor light rail project is built by funding the SW Corridor Affordable Housing Predevelopment project; and WHEREAS, the SW Corridor Affordable Housing Predevelopment project is eligible for the Metro Equitable Planning and Development Grant program. NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Council approves an application for a Metro Equitable Planning and Development Grant to fund the Southwest Corridor Affordable Housing Predevelopment project. SECTION : This resolution is effective immediately upon passage. PASSED: This day of 2016. Mayor-City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 16- Page 1 AIS-2696 6. Business Meeting Meeting Date: 07/26/2016 Length (in minutes): 30 Minutes Agenda Title: PUBLIC HEARING - Consideration of Ordinance and Resolution to place a Gas Tax on the November 8, 2016 Ballot Prepared For: Toby LaFrance Submitted By: Carol Krager, Central Services Item Type: Ordinance Meeting Type: Council Resolution Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Consider adoption of an ordinance with code amendments and a resolution to adopt ballot title language to increase the local motor vehicle fuel tax by $.05/gallon, and referring the measure to voters for the November 8, 2016 election. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council adopt an Ordinance amending Tigard Municipal Code 3.65 and a Resolution for ballot title language to refer the measure to voters in November to increase the city's motor vehicle fuel tax by $.05 per gallon. Council is requested to consider: 1. Adoption of the Ordinance amending Tigard Municipal Code, 3.65, effective upon voter approval 2. Passage of the Resolution submitting the Ordinance to the voters for approval KEY FACTS AND INFORMATION SUMMARY As discussed at the previous council meeting, the city's existing $.03 per gallon fuel tax is no longer sufficient to fund construction, maintenance, improvement of public highways, roads, street and rights of way within the city. The current $.03 per gallon in fuel tax primarily supports major transportation capital projects as designated by the Tigard Transportation Advisory Committee (TTAC). If approved, this measure would increase existing fuel tax from $.03 to $.08 per gallon, on motor vehicle fuel sold in the city. The fuel tax would be collected by motor vehicle fuel dealers and paid to the city. The city's motor vehicle fuel tax would be collected on any gallon of gas sold to anyone buying fuel in Tigard. Each $.01 per gallon increase in the fuel tax is estimated to generate $200,000 in revenues annually. Therefore a $.05/gallon fuel tax increase will generate approximately $1,000,000 per year. In alignment with previous discussions, it is anticipated that the majority of this additional revenue would be allocated to the Pavement Management Program (PMP) to address the current backlog of streets totaling approximately $11 million identified in the Program. In addition to funding PMP, the increased revenues from a local gas tax could help support major capital transportation projects and pedestrian connections inside the right-of-way. If this measure is approved at $.05/gallon, the increase in the city's street maintenance fee (SMF), currently scheduled to begin January 1, 2017, would not go into effect. The budgeted January 1, 2017 increase to the SMF charged to city residents and businesses is expected to generate approximately $500,000 annually. The SMF increase is intended to fund paving of the City's backlog of projects over the next twenty years. An approved $.05 increase to the local motor vehicle fuel tax would replace the increase in the SMF and also allow for funding additional transportation projects in the backlog. Attached to this AIS are: • Proposed November 8, 2016 ballot language asking voters to approve a $.05 per gallon increase in the local fuel tax. Ballot language includes council's recommendation as discussed at the previous council meeting. In addition, Alderbrook Drive, 130th Avenue and Fonner Street were added as potential examples for the Pavement Management Program. • Memo noting potential transportation projects that could receive consideration with this additional revenue. • Memo with questions for council's consideration and additional information. • Ordinance which establishes the local gas tax and revises Tigard Municipal Code • Resolution referring the measure to the ballot Additional items to be included with the Thursday, 7/21/16, council newsletter packet: • Draft language of the Explanatory Statement for the ballot OTHER ALTERNATIVES Council may elect to alter the amount of the motor vehicle fuel tax and direct staff to bring forth such recommendation. Council may advise staff not to proceed with a November 8, 2016 ballot to increase in motor vehicle fuels tax. If so, on January 1, 2017, the Street Maintenance Fee would increase as approved in the FY2017 budget. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Tigard Strategic Plan Vision "To be the most walkable community in the Pacific Northwest where people of all ages and abilities enjoy health and interconnected lives." Transportation System Plan Tigard Municipal Code Chapter 3.65 Council Goal: Expand Opportunities to Engage People in the Community - community education for content of measures for voter approval Strategic Plan Goal 4: Facilitate walking connections to develop an identity Strategic Plan Goal 5: Fund the vision while maintaining core services DATES OF PREVIOUS CONSIDERATION Gas Tax - 03/01/16 SMF and Gas Tax - 03/22/16 SMF - 09/15/15 SMF - 03/07/15 Gas Tax — 07/12/16 Attachments Tigard Gas Tax Ballot Title Potential Transportation Projects Questions for Council's Consideration&Additional Information Ordinance Resolution Caption (10 words) Fuel tax increase for street system improvements, repair, and maintenance Question (20 words) Shall Tigard enact ordinance to increase fuel tax by 5 cents per gallon for street system improvements, repair, and maintenance? Summary(175 words) Ordinance 16-xx, if approved, would amend municipal code to increase City motor vehicle fuel tax from 3 to 8 cents per gallon and dedicate revenue to street system, sidewalk and safety improvements and pavement and rights-of-way maintenance. Estimated to raise$1 million per year. The revenue would address existing unfunded transportation needs. Project categories with potential examples: • Pavement Management Program: Repave neighborhood streets such as parts of Grant Avenue, Atlanta Avenue, Benchview Terrace, 121St Avenue,Alderbrook Drive, 130th Avenue and Fonner Street. • Major Street Improvements: Contribute to North Dakota Street and Tigard Street bridge replacements, including sidewalks and bike lanes;Tigard Street along Dirksen Park. • Pedestrian Connection and Safety Projects: Sidewalks on Hunziker Street, Barrows Road and neighborhood gaps; crosswalk improvements such as flashing signs and beacons; improved traffic signals for safer pedestrian crossings. City of Tigard Proposed Local Gas Tax Increase: Potential Transportation Projects The city's existing fuel tax of$.03/gallon does not provide sufficient funding for construction, maintenance, improvement of public highways, roads,street and rights of way within the city. Currently the$.03/gallon fuel tax primarily supports major transportation capital projects. Through council and staff discussions,the city could consider an increase to the city gas tax to further support transportation related projects. An increase of$.01/gallon in the city's tax would raise approximately$200,000 in revenues annually. Staff has identified transportation needs that this additional revenue could support. Three main transportation construction elements that a potential increase in city gas tax could support are: 1. Pavement Management Program 2. Major Capital Transportation Construction Projects 3. Pedestrian Connection Projects(inside the right-of-way) in support the strategic plan The $.05/gallon city gas tax increase is estimated to provide $1,000,000 in revenues annually. This memo provides projects the city could consider for the proposed 5 cent/gallon increase in city gas tax. Identified transportation projects were categorized in the above three areas and noted in further detail below. (Additionally, some of the gas tax resources could be used to fund increasing right-of-way vegetation management needs) 1. Pavement Management Program The increase is gas tax could provide an expansion of the current city Pavement Management Program (PMP)to help the city repave and provide accessible curb ramps on a larger proportion of city streets. The current PMP with an FY17 adopted budget of approximately$2 million, paid by the city Street Maintenance Fee charged to city residents and businesses, is primarily focused over the next five years on larger arterial and connector streets (higher capacity, busier streets). It is anticipated that an additional $600,000 annual revenues would help the city address the current backlog of PMP projects within the next ten years. The increased city gas tax would allow for more local, neighborhood streets to be repaved sooner. A potential list of candidate streets is shown in the following table. The table represents a potential street paving list over five years that would otherwise fall to later years. Page I 1 City of Tigard Proposed Local Gas Tax Increase: Potential Transportation Projects Project Street Project Street-From Street-To J Classification 1 Cost Cardinal Ln 72nd Ave End of Street Commercial 70,000 Johnson St Hwy 99W Grant Ave Residential 60,000 Grant Ave McKenzie St Tigard St Residential 170,000 Fonner St Walnut St 115th Ave Residential 220,000 Alderbrook Dr Durham Rd Oaktree Ln Residential 40,000 Main St(Phase ll) Tigard St Commercial St Collector 30,000 Oak St Hall Blvd 90th Ave Collector 100,000 74th Ave Durham Rd 1,300'S of Bonita Commercial 230,000 Garden Place Hwy 99W Hall Blvd Commercial 180,000 130th Ave Scholls Ferry Rd Hawksbeard St Residential 80,000 Atlanta/69th 68th Pkwy Baylor Commercial 60,000 Beveland St 72nd Ave End of Street Commercial 70,000 115th Ave(Except at N.D.Tigard St Cottonwood Ln Residential 180,000 Fanno Creek Dr Bonita Rd Fanno Creek Lp Residential 120,000 Greenfield Dr Bull Mountain Rd Summit Ridge St Residential 60,000 Walnut St Gaarde St 135th Ave Arterial 200,000 69th Ave Hampton St Dartmouth St Commercial 100,000 Benchview Terr Alpine View Clearview Dr Residential 200,000 Sequoia Pkwy Upper Boones Ferry Rd Bonita Rd Collector 290,000 121st Ave Gaarde St Hollow Ln Collector 170,000 Kable Ln 72nd Ave End of Street Commercial 40,000 2,670,000 2. Major Capital Transportation Construction Projects Transportation capital projects are improvements that each cost more than $50,000. They are funded by a mix of sources, including state gas tax, system development charges paid by new development, local city gas tax, city general funds from property tax revenues, and regional/state/federal grant programs. These sources may have specific limitations on when, where, how they can be used; limited funding available; and in the case of grants—fierce competition for the available funds. Most grants also require matching funds, anywhere from 10% up to 200%of the grant amount. The city's current revenues do not meet the existing needs in our transportation system. Additional revenue generated by an increase in the city's gas tax would help supplement the city's ability to meet these needs. The city's current$.03/gallon gas tax provides approximately$600,000 of revenues annually. Staff anticipates approximately$300,000 in annual revenues could help the city start addressing the list of unfunded and underfunded major capital transportation projects. The existing city$.03/gallon gas tax is currently utilized to: • pay off transportation bonds issued in 2010 for the Greenburg Road/Main Street/Pacific Highway Intersection • to help fund local street and sidewalk projects As mentioned above,there is a substantial backlog of unfunded or underfunded projects. An increase in the city's gas tax could help chip away at larger street, bike and pedestrian project needs in city right-of-way. After the transportation bonds are paid off in 2020, another estimated $300,000 annual revenues will be available for projects as well. City gas tax dollars can pay directly for projects, but also can be important leverage as matching dollars, allowing the city to apply and Page 12 City of Tigard Proposed Local Gas Tax Increase: Potential Transportation Projects qualify for various regional, state and federal grants. This is important as many unfunded projects are estimated to cost in the millions of dollars. Potential capital projects that a local gas tax increase can help fund are listed below. These are projects from the city's"Qualified List", which includes priority safety projects identified by staff and other priority projects ranked by the Tigard Transportation Advisory Committee. Some of the projects are in the recently adopted FY17-22 Capital Improvement Program (CIP) but are underfunded or pushed to out to later years. Some are under consideration for County Major Streets Transportation Improvement Program (MSTIP)funding through Washington County, but all are not likely to receive funding. Other projects,while considered a high enough priority to make the Qualified List, are currently unfunded and not listed in the CIP. High Priority Projects in the Current CIP that are Under-Funded: • North Dakota Street (Fanno Creek) bridge replacement: The city has applied to ODOT for federal bridge replacement grant funds, as the bridge repairs the city completed in the summer of 2015 are only temporary. However, based on ODOT staff comments, it is anticipated that grant funds,if received,will not provide for a complete project that includes sidewalks, bike lanes,flood relief over adjacent roadway or other safety improvement needs. City gas tax funds could provide for filling the gap so this is a complete and fully functional project. Depending on level of ODOT funding,the gap is anticipated to be$800,000 to $1.4 million (a complete project is estimated to cost about $3.75 million). The recently adopted FY17-22 CIP currently provides for$800,000 city match. • Tigard Street(Fanno Creek) bridge replacement: Inspection information suggests this bridge should be replaced immediately following the North Dakota Street bridge. This bridge did not qualify for the 2018-2021 round of grant funding through ODOT(bridges need to be in very bad, near failure condition to qualify, such as the North Dakota Street bridge), but may quality for the subsequent round, and the city will need matching dollars. Replacement with a complete project including full pedestrian and bicycle accommodations is estimated in the range of$3.6 million. Projects Under Consideration for County MSTIP Funding: Currently the City has three high priority sidewalk/bicycle lane projects and two high priority intersection signalization projects on the 150%project list for potential funding through the Washington County Major Streets Transportation Improvement Program (MSTIP). Local gas tax dollars could help partially fund one or more of these projects if all are not selected for MSTIP (funding selections by the County are anticipated to be made by September 2016). These projects are: • 121st Avenue,Tippit to Whistler: bicycle and pedestrian facilities, cost estimate$3.9 million • Tiedeman Avenue, Greenburg Road to Fanno Creek: sidewalks and bike lanes, cost estimate $6 million (note: a smaller project on Tiedeman from Greenburg Road to Tigard Street is in the adopted CIP at an estimated cost of$978,000 as a fundable placeholder if the complete project is not selected for MSTIP funding) Page 13 City of Tigard Proposed Local Gas Tax Increase: Potential Transportation Projects • Hunziker Street, 77th to 72nd: sidewalk and bike lanes, cost estimate$1 million • Bonita Road at Sequoia Parkway: traffic signal, cost estimate $600,000 • Hall Blvd at Pfaffle Street: traffic signal, cost estimate$600,000 Other Unfunded High Priority Projects (these are projects not in the city's CIP, but are noted on the "Qualified List"): • Hunziker Street, 72"d to 77th: add sidewalk on north side and bike lanes, cost estimate $1 million. • Tigard Street,Gallo Avenue to Fanno Creek: half-street improvement and sidewalk/trail adjacent to Dirksen Nature Park, cost estimate $1.1 million. (Improvements required by conditions of approval for park improvements) • 116th Avenue,Tigard Street to Katherine Street: new trail in existing unimproved right- of-way crossing Summer Creek, cost estimate$200,000. • Barrows Road, Springbrook to Anna: sidewalk on Tigard's side of the road, cost estimate $150,000. • Scoffins Street, Hall Blvd to Ash Avenue: add sidewalks, cost estimate$1 million. 3. Pedestrian Connection Projects(inside right-of-way) In addition to noted (1) and (2) above the city has identified a need for increased attention to pedestrian connections in support of the city's strategic plan. Revenues from an increase in the city's gas tax could supplement the Pedestrian and Cyclist Connections Program in the city's adopted Capital Improvement Program (CIP). There are many smaller projects that can individually and cumulatively increase pedestrian route connectivity and safety in Tigard. In addition,there is a tremendous backlog of sidewalk, pathway, and crosswalk gap projects throughout the city, and the additional funding would assist in chipping away at this backlog. The types of projects proposed for funding with the additional city gas tax revenues are noted below. The Tigard Transportation Advisory Committee or designated subcommittee would be asked to advise the city on project priorities to be funded from these categories. • Short, "missing link" sidewalk or pathway gaps in public right-of-way • Pedestrian crossing improvements, such as flashing pedestrian signs and beacons • Improvements to street traffic signals to provide for safer pedestrian crossings As discussed above the city has identified how approximately$1,000,000 in increased local gas tax revenue could be used to address the current backlog of transportation projects and maintenance. A $.05/gallon increase to the city's local gas tax is an option to meet this need. Page 14 ilPf • " City of Tigard T I GARD Memorandum To: Honorable Mayor Cook and Tigard City Council From: Cara Fitzpatrick, Assistant Finance Director Re: City Gas Tax Increase Discussion Date: July 7, 2016 As you consider the information provided for the local gas tax ballot measure discussion for the July 12,2016 business meeting, staff would like your direction and input on the following questions. Council Questions: 1. Is 5 cents per gallon the right amount for the local gas tax ballot measure? Below is a list of cities and the local gas tax according the League of Oregon Cities website. In addition to the list of cities,Washington County has a 1 cent gas tax and Multnomah County has a 3 cents gas tax. • Portland voters approved 10 cents for four years—going into effect September 2016 and expires in late 2020. • Clackamas County board approved a ballot measure for November 2016 of 6 cents for seven years. City Passage Tax Rate (cents/gallon) Date Astoria 2007 3 cents Brookings 2015 4 cents Canby 2008 3 cents Coburg 2007 3 cents _ Coquille 2007 3 cents _ Cornelius 2009 2 cents Cottage Grove 2003 3 cents Dundee 2003 2 cents Eugene 2003 5 cents Hood River 2009 3 cents Milwaukie 2007 2 cents Newport 2009 1 cent (Nov.-May); 3 cents (June-Oct.) Oakridge 2004 3 cents Phoenix 2015 2 cents Sandy 2002 1 cent Sisters 2009 3 cents Springfield 2003 3 cents The Dalles 1980 3 cents Tigard 2006 3 cents Troutdale 2015 3 cents Tillamook 1982 1.5 cents Veneta 2004 3 cents Warrenton 2007 3 cents Woodburn 1989 1 cent 2. What projects should be highlighted in the ballot measure title (limited to 175 words)? Staff proposed the following potential projects that could be addressed with the additional funding. Council has the flexibility to adjust project priorities and schedules based on circumstances such as grant availability, fluctuations in materials and construction costs. • Pavement Management Program: Repave more neighborhood streets such as parts of Grant Ave,Atlanta,Benchview Terrace, 12151 Avenue. • Major Street Improvements: Contribute to North Dakota and Tigard Street bridge replacements,including sidewalks and bike lanes;Tigard Street along Dirksen Park. • Pedestrian Connection & Safety Projects: Hunziker Street,Barrows Road, and neighborhood gaps;crosswalk improvements such as flashing signs and beacons; improved traffic signals for safer pedestrian crossings. 3. If the local fuels tax should sunset,when will that be? Tigard—at$.05/gallon will provide approximately$1,000,000 annual revenues 5 years = $ 5,000,000 10 years = $10,000,000 As a reference, the city's current annual spend on pavement maintenance and major capital improvement transportation projects is approximately: • Pavement Management Program —$2,000,000 (from SMF) • Other Capital Transportation Projects—$1,600,000 (from state and local gas taxes and transportation development tax) None of the above spending addresses the current backlog of transportation related projects. The $2,000,000/year spent on PMP is enough to keep up with the paving needs that develop annually,but not sufficient to make progress on the backlog. 4. Is November 2016 the right time for the local gas tax ballot measure? Please note, the following are also likely on the November local ballot: • Tigard: SW Corridor/ Light-rail project • TTSD: Tigard Tualatin School District $290M Bond • Tigard: Potential marijuana tax 5. Are Tigard residents and businesses willing to pay an increase in the city gas tax? Fees paid by Tigard residents and business: • Water/ Sanitary Sewer / Storm charges —monthly,varies • Park Utility Fee: • $3.75/monthly for residential • $3.75/monthly per EDU based on billed parking stalls for non-residential • Sewer Surcharge—$2.07/EDU / monthly effective 10/01/16 • Street Maintenance Fee (SMF) —monthly for: • $5.30/residential • $1.86/parking space for non-residential Scheduled to increase on January 1, 2017 if a local gas tax ballot measure does not pass. This increase is expected to generate roughly half the revenue that a local$.05/gallon gas tax could provide. The January 1,2017 increased SMF would be a total monthly fee for: • $6.56/residential • $2.15/parking space for non-residential A local gas tax would be paid by both residents and non-residents alike that would alleviate the future burden of the SMF increase on January 1, 2017. 6. Does the price of a gallon of gas have an impact on the number of gallons sold? The chart below represents a nearly 2 1/2 year lookback at this correlation. Please note the gallons sold since February 2016 include the new Costco fueling station. Costco may have an impact in and of itself,however due to the very low gas prices it's difficult extrapolate what the impact of Costco is at this point in time. City of Tigard - Total Gallons vs. Price/Gallon 3,000,000 $4.50 2,500,000 — — $4.00 2,000,000 $3.50 1,500,000 , $3.00 1,000,000 I - I $2.50 500,000 .� ,_ — $2.00 0 $1.50 Tr v Tr Cr Cr Cr of Ln vi Ln Lc .1 ,- ,1 .1 .1 ,1 ,1 .1 '-1 71 11 .1 .1 71 .-1 >- co (13 ra 2 2 1^ z 2 2 V z 2 2 MON Total Gallons per ODOT - --Average Price/Gallon Also for reference, the following table lists the gas stations within Tigard: Number Address Station 1 11440 SW Pacific Hwy 76 2 11465 SW Pacific Hwy Shell 3 7850 SW Dartmouth St Costco 4 11747 SW Pacific Hwy Chevron 5 11834 SW Pacific Hwy Shell 6 12825 SW Pacific Hwy Patriot 7 12885 SW Pacific Hwy Astro 8 13970 SW Pacific Hwy Chevron 9 10775 SW Greenburg Rd 76 10 15900 SW 72nd Ave 76 11 11290 SW Bull Mtn Rd Shell 12 15055 SW 72nd Ave Pacific Pride 13 15670 SW Upper Boones Ferry Rd Chevron 7. What are FAQ's we should make sure to address? CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16- AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE CHAPTER 3.65 TO INCREASE THE FUEL TAX BY 5 CENTS PER GALLON FOR STREET SYSTEM AND RIGHT OF WAY IMPROVEMENTS,REPAIR AND MAINTENANCE WHEREAS, ORS 319.950 authorizes the City to enact or amend an ordinance taxing fuel for motor vehicles after submitting the proposed tax to the electors of the local government for their approval; and WHEREAS, the Tigard Municipal Code currently imposes a three cent per gallon tax on motor vehicle fuel sold within the City;and WHEREAS, the Tigard City Council wishes to amend the Municipal Code to increase the motor vehicle fuel tax to eight cents per gallon;and WHEREAS, the Tigard City Council wishes to dedicate the revenues from the fuel tax increase to street system and safety improvements and pavement and rights-of-way maintenance;and WHEREAS, voter approval of this ordinance will prevent the increase in the City's street maintenance fee, scheduled to begin January 1,2017, from going into effect. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 3.65.040 of the Tigard Municipal Code is hereby amended to read as follows (additional language is underlined; deleted language shown as slcdtreugh): b. Pay a motor vehicle fuel tax computed on the basis of eight three cents per gallon of such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner and within the time provided in this ordinance. SECTION 2: Section 3.65.270 of the Tigard Municipal Code is hereby amended to read as follows (additional language is underlined; deleted language shown as ugh): 2. The net revenue shall be used only for the construction, reconstruction, improvement, repair, maintenance, operation and use of public highways, roads, art$ streets, and rights of way within the city. The nct revenue shall be uscd Ordinance No. 16-_ 50014-36799 Tigard Gas Tax Ordirxn ce.docxlCAK/7/78/2016 SECTION 3: This ordinance shall be effective upon certification by the County Elections Official that it has received voter approval at an election conducted on November 8,2016. PASSED: By vote of all council members present after being read by number and title only,this day of ,2016. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2016. John L. Cook,Mayor Approved as to form: City Attorney Date Ordinance No. 16-_ 50014-36799 Tigard Gas Tar Ordinance.docxlCAK/7/18,2016 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE NOVEMBER 8,2016 GENERAL ELECTION,THE QUESTION OF WHETHER TO INCREASE FUEL TAX BY 5 CENTS PER GALLON FOR STREET SYSTEM IMPROVEMENTS, REPAIR AND MAINTENANCE WHEREAS,ORS 319.950 authorizes the City to enact or amend an ordinance taxing fuel for motor vehicles after submitting the proposed tax to the electors of the local government for their approval;and WHEREAS, the City Council of Tigard adopted Ordinance No._,which amends the fuel tax from three cents to eight cents per gallon, for street improvements,repair and maintenance;and WHEREAS,the City Council of Tigard,pursuant to ORS 319.950,desires to refer Ordinance No. to the electors of the City of Tigard. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that SECTION 1: Measure. A measure election is called in and for the City of Tigard,Washington County, Oregon,for the purpose of submitting a measure that would increase the fuel tax by five cents per gallon for street improvements,repair and maintenance. A copy of the measure is attached and incorporated as "Exhibit 1." SECTION 2: Election Conducted by Mail. The measure election shall be held on Tuesday,November 8,2016,which is the next general election. The precinct for the election shall be all of the territory within the corporate limits of the City of Tigard. As required by ORS 254.465, the measure election will be conducted by mail by the Washington County Elections Department,according to the procedures adopted by the Oregon Secretary of State. SECTION 3: Notice of Ballot Title. The City Elections Officer is directed to publish notice of receipt of the ballot title in the Tigard Times or The Oregonian in compliance with ORS 250.275(5). SECTION 4: Ballot Title. Pursuant to ORS 250.285 and ORS 254.095, the Tigard City Council directs the City Elections Officer to file a notice of City Measure Election in substantially the form of Exhibit 2,with the Washington County Elections Office,unless,pursuant to a valid ballot title challenge, the Tigard City Council certifies a different Notice of City Measure Election be filed, such filing shall occur no earlier than the eighth business day after the date on which Exhibit 2 is filed with the city elections officer and not later than September 8,2016. SECTION 5: Explanatory Statement. Pursuant to ORS 251.345, the Tigard City Council directs the City Manager to prepare a Measure Explanatory Statement for publication in the county voters' pamphlet; said statement shall be filed with the Washington County Elections Office at the same time the Notice of City Measure Election is filed by the city elections officer. SECTION 6: Delegation. The Tigard City Council authorizes the City Manager or a designee of the City Manager to act on behalf of the City of Tigard and to take such further action as is Page 1 of 2—Resolution No.2016- 50015-36842 7_7_16 Tigard Gas Tax Referral Resolution.door\CAK/7/18/2016 necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 7: Effect of"Yes"Vote. If a majority of eligible voters vote"yes"on the measure, Ordinance No. will become operative,and the City's fuel tax will be increased by five cents per gallon for street improvements,repair and maintenance. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of ,2016. Mayor—City of Tigard ATTEST: City Recorder—City of Tigard Page 2 of 2—Resolution No.2016- 50015-36842 7_7 16_Tigard Gas Tax Referral Resolution.docxl UK/7/18/2016 Exhibit 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16- AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE CHAPTER 3.65 TO INCREASE THE FUEL TAX BY 5 CENTS PER GALLON FOR STREET SYSTEM AND RIGHT OF WAY IMPROVEMENTS,REPAIR AND MAINTENANCE WHEREAS, ORS 319.950 authorizes the City to enact or amend an ordinance taxing fuel for motor vehicles after submitting the proposed tax to the electors of the local government for their approval; and WHEREAS, the Tigard Municipal Code currently imposes a three cent per gallon tax on motor vehicle fuel sold within the City;and WHEREAS, the Tigard City Council wishes to amend the Municipal Code to increase the motor vehicle fuel tax to eight cents per gallon;and WHEREAS, the Tigard City Council wishes to dedicate the revenues from the fuel tax increase to street system and safety improvements and pavement and rights-of-way maintenance;and WHEREAS, voter approval of this ordinance will prevent the increase in the City's street maintenance fee, scheduled to begin January 1,2017, from going into effect. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 3.65.040 of the Tigard Municipal Code is hereby amended to read as follows (additional language is underlined; deleted language shown steikethrettglt): : b. Pay a motor vehicle fuel tax computed on the basis of eight wee cents per gallon of such motor vehicle fuel so sold, used or distributed as shown by such statement in the manner and within the time provided in this ordinance. SECTION 2: Section 3.65.270 of the Tigard Municipal Code is hereby amended to read as follows (additional language is underlined; deleted language shown as stri euugh): 2. The net revenue shall be used only for the construction, reconstruction, improvement, repair, maintenance, operation and use of public highways, roads, atd streets, and rights of way within the city. The nct revenue shall be uacd exclusively for improvements to-the Crccnburg Road/Highway 99/Main Street Ordinance No. 16-_ 50014-36799 Tigard Gas Tar Ordinance Exhibit /.docr CAK/7/!8/10/6 Exhibit 1 SECTION 3: This ordinance shall be effective upon certification by the County Elections Official that it has received voter approval at an election conducted on November 8,2016. PASSED: By vote of all council members present after being read by number and title only,this day of ,2016. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2016. John L. Cook,Mayor Approved as to form: City Attorney Date Ordinance No. 16-_ 50014-36799 Tigard Gas Tar Ordinance Exhibit 1.docxICAK/7/18/2016 EXHIBIT 2 Notice of Measure Election SEL 802 rev 1/14: ORS 250.035,250.041, City 250.275,250.285,254.095,254.465 Notice Date of Notice Name of City or Cities I Date of Election City of Tigard November 8,2016 The following is the final ballot title of the measure to be submitted to the city's voters. Final Ballot Title Notice of receipt of ballot title has been published and the ballot title challenge process has been completed. Caption 10 words which reasonably identifies the subject of the measure Fuel tax increase for street system improvements,repair,and maintenance Question 20 words which plainly phrases the chief purpose of the measure Shall Tigard enact ordinance to increase fuel tax by 5 cents per gallon for street system improvements,repair,and maintenance? Summary 175 words which concisely and impartially summarizes the measure and its major effect Ordinance 16- ,if approved,would amend municipal code to increase City motor vehicle fuel tax from 3 to 8 cents per gallon and dedicate revenue to street system,sidewalk and safety improvements and pavement and rights-of-way maintenance. Estimated to raise$1 million per year. The revenue would address existing unfunded transportation needs. Project categories with potential examples: • Pavement Management Program: Repave neighborhood streets such as parts of Grant Avenue,Atlanta Avenue, Benchview Terrace, 121st Avenue,Alderbrook Drive, 130th Avenue and Fonner Street. • Major Street Improvements: Contribute to North Dakota Street and Tigard Street bridge replacements,including sidewalks and bike lanes;Tigard Street along Dirksen Park. • Pedestrian Connection and Safety Projects: Sidewalks on Hunziker Street,Barrows Road,and neighborhood gaps; crosswalk improvements such as flashing signs and beacons;improved traffic signals for safer pedestrian crossings. Explanatory Statement 500 words that impartially explains the measure and its effect,if required attach to this form If the county is producing a voters'pamphlet an explanatory statement must be submitted for any measure referred by the city governing body and if required by local ordinance, for any initiative or referendum. Measure Type County producing voters'pamphlet Local ordinance requiring Explanatory statement required submission ® Referral ®Yes 111No Not applicable ®Yes ❑No ❑ Initiative n Yes n No ® Yes ❑No n Yes ❑ No ❑ Referendum n Yes Ti No Yes ❑No ❑Yes ❑ No Authorized City Official Not required to be notarized - By signing this document,I hereby state that I am authorized by the city to submit this Notice of Measure Election and I certify that notice of receipt of ballot tide has been published and the ballot title challenge process for this measure completed. Name I Title I Work Phone Signature I Date Signed Exhibit 2, Page 1 of 1 50015-36842 7 716 Tigard Gas Tax Referral Resolution.docx1CAK/7/18/2016 SUPPLEMENTAL PACKET 1,1 " City o f Tigard FOR 2C - 6/‘ I G A R D Memorandum MATE OF MEETING) T WtinWIP I To: Honorable Mayor Cook and Tigard City Council From: Cara Fitzpatrick,Assistant Finance Director Re: City Gas Tax—Exhibit C Explanatory Statement for Ballot Measure Date: July 21, 2016 At the July 26,2016 council meeting,staff will bring forward ballot title language for the local gas tax increase. At this meeting staff will recommend council pass a resolution to place an increase to the local gas tax on the November ballot. In connection with the ballot measure is the Exhibit C Explanatory Statement For Voters'Pamphlet. The AIS for the July 26,2016 council meeting noted you would receive the explanatory language for the ballot measure in the weekly council newsletter. Attached to this memo is draft language for Exhibit C—Explanatory Statement for the local gas tax ballot measure. We appreciate any input or feedback from council on this language at the council meeting on July 26,2016. DRAFT EXHIBIT C EXPLANATORY STATEMENT FOR VOTERS' PAMPHLET(up to 500 words) Measure increases the local fuel tax by$.05 per gallon dedicated to street systems,safety improvements, pavement management and rights-of-way maintenance. The additional$.05 per gallon in local gas tax is estimated to raise$1 million annually and bring the city's fuel tax to$.08 per gallon. Tax would be implemented no earlier than January 2017. Example projects include: • Pavement Management($11.0 million) -Street repair and paving to local and neighborhood streets—74th Avenue, 121St Avenue, 130th Ave,Alderbrook Drive,Atlanta Street, Benchview Terrace, Fonner Street, Grant Avenue,etc. • Sidewalks and bike lanes($8.0 million)—Tiedeman Avenue, Greenburg Road to Fanno Creek, Hunziker Street, 77th Avenue to 72nd Avenue,Scoffins Street, Hall Boulevard to Ash Avenue • Traffic Signal Safety($1.2 million)—Bonita Road at Sequoia Parkway, Hall Boulevard at Pfaffle Street For a detailed list of proposed projects, please visit www.tigard-or.gov/to be determined Tigard's transportation system is facing a number of challenges. Road funding has remained static for decades, as the state gas tax is not indexed for inflation, and the city's current funding level does not allow the City to address the backlog of transportation related projects. The$2 million per year revenues from the city's Street Maintenance Fee(SMF)for street paving only provides enough funding to keep pace with paving needs that develop each year. As a result,Tigard has a backlog of about 22 miles of streets in poor condition. The cost to pave these backlogged streets is about$11 million. If approved,the increase of$.05/gallon to the local gas tax,which will be paid by all persons who buy gas in Tigard, will provide an estimated$1,000,000 in revenues annually.This will allow Tigard to address the paving backlog over approximately 20 years (about$500,000 per year)and build street, sidewalk, and safety projects. The local gas tax revenue could also provide matching dollars to allow the city to leverage other local,state, and federal funding sources to build high priority street, bridge,signal, and sidewalk projects. If the local gas tax ballot is approved Tigard residents will not see a scheduled SMF increase of 24%to their monthly utility bill, and businesses will not see the scheduled increase of 16% beginning January 1, 2017. The SMF is paid by Tigard residents and businesses and the planned January 2017 increase in the fee is estimated to provide an additional $500,000 of revenues annually. UL._ / , I -, , 1 ( ' 1 1 r i Y 11 A u Potential Local 7 � SUPPLEMENTAL PAC T Gas Tax Pro"ects _ �� 1:8 _ _ 6--� r N LU Symbol color indicates %rop "� I�� I 11: '' (DATE OF MEETIC ) Prropies type.Symbol sizeiiM• . �� 11 %( pollII _re resents estimatedcost WNWof projecteltive to otherd� a �� t '4 .�' ' potential projects. 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SUPPLEMENTAL PACKET FOR Za6 � 1th Caption (10 words) (DATE OF MEETING) Fuel tax increase for street system improvements, repair, and maintenance Question (20 words) Shall Tigard enact ordinance to increase fuel tax by 5 cents per gallon for street system improvements, repair, and maintenance? Summary (175 words) 1 " Ordinance 16-14, if approved, would amend municipal code to increase City motor vehicle fuel tax from 3 to 8 cents per gallon and dedicate revenue to street system,sidewalk and safety improvements and pavement and rights-of-way maintenance. Estimated to raise$1 million per year. The revenue would address existing unfunded transportation needs. Project categories with potential examples: • Pavement Management Program: Repave neighborhood streets such as parts of Grant Avenue, Atlanta Avenue, Benchview Terrace, 121st Avenue,Alderbrook Drive, 130th Avenue and Fonner Street. • Major Street Improvements: Contribute to North Dakota Street and Tigard Street bridge replacements, including sidewalks and bike lanes;Tigard Street along Dirksen Park. • Pedestrian Connection and Safety Projects: Sidewalks on Hunziker Street, Barrows Road and neighborhood gaps; crosswalk improvements such as flashing signs and beacons; improved traffic signals for safer pedestrian crossings. If the local gas tax is approved,Tigard residents and businesses will not see a scheduled increase in 7 Street Maintenance Fees on January 1, 2017. The local gas tax will be paid by all persons who purchase gas in Tigard. Amo_ nietrt- ay- ,j---q/ a aoi 6 ewi 11 I mee7L/h 9 AGENDA ITEM No. 6 Date: July 26, 2016 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDERATION OF ORDINANCE AND RESOLUTION TO PLACE A GAS TAX ON THE NOVEMBER 8, 2016 BALLOT Due to Time Constraints City Council May Impose A Time Limit on Testimony 5 AGENDA ITEM No. 6 Date: July 26, 2016 PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. 6 ) .texii?egr-fi Thh��ia-r S 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. Nance, Address& Phone No. Name,Address&Phone No. Name, Address& Phone No. Name, Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-2728 7. Business Meeting Meeting Date: 07/26/2016 Length (in minutes): 20 Minutes Agenda Title: Public Hearing: Consideration of Ordinance and Resolution to Place a Marijuana Tax on the November 2016 Ballot Prepared For: Liz Newton Submitted By: Carol Krager, Central Services Item Type: Public Hearing- Meeting Type: Council Informational Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City Council refer a ballot measure to Tigard voters on the November 8, 2106 ballot that, if approved, would establish a tax on the sale of marijuana items? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the attached ordinance establishing a tax on the sale of marijuana items by marijuana retailers in the city, and approval of the attached resolution referring the question to voters at the November 8, 2016 election. KEY FACTS AND INFORMATION SUMMARY Oregon State Law (ORS 475 B.345) provides that a city council may adopt an ordinance to be referred to voters that imposes a tax on the sale of marijuana items by a retailer in the city. Council discussed a proposed ordinance to refer a 3% tax currently allowed by state law at its July 12, 2016 meeting. During the discussion the city attorney advised that it is possible the legislature may increase he percentage tax city' would be authorized to impose to as much as 8%. Council consensus was to direct staff to prepare an ordinance that would establish the maximum allowed by state law and a resolution to refer the ordinance to voters at the November 8, 2016 election and conduct a public hearing on the matter on July 26, 2016. The attached ordinance has been modified to establish the tax at the maximum allowed by state law. The attached resolution, ballot title and explanatory statement have also been modified to allow the maximum tax allowed by state law. OTHER ALTERNATIVES Decline to refer the tax to voters in November 206. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION September 9, 2014 September 23, 2014 August 18, 2015 July 12, 2106 Attachments Ordinance Resolution Public Testimony-Widmer CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16- AN ORDINANCE ESTABLISHING A TAX ON THE SALE OF MARIJUANA ITEMS BY A MARIJUANA RETAILER IN THE CITY OF TIGARD WHEREAS, Section 34a of House Bill 3400 (2015) (codified at ORS 475B.345) provides that a city council may adopt an ordinance to be referred to the voters that imposes a tax on the sale of marijuana items by a marijuana retailer in the area subject to the jurisdiction of the city; and WHEREAS, the Tigard City Council wishes to exercise that power to tax the sale of marijuana items by a marijuana retailer in the City of Tigard at the maximum rate allowed by law, which is currently three percent. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code is amended by adding a new Chapter 3.80, Marijuana Tax, to read as attached in Exhibit A. SECTION 2: Severability. The sections, subsections, paragraphs and clauses of this ordinance or any intergovernmental agreement with any department or agency of the State of Oregon are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3: Savings. Notwithstanding any amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4: Intergovernmental Cooperation. After the effective date of this ordinance, the City may enter into an agreement whereby the State of Oregon is responsible for the administration, collection, distribution or enforcement of the tax authorized under this chapter, either in full or in part,without needing to obtain voter approval. SECTION 5: Tigard Municipal Code Chapter 3.70 is hereby repealed, as of the effective date of this ordinance. SECTION 6: This ordinance shall be referred to the electors of Tigard at the next statewide general election on Tuesday, November 8, 2016. SECTION 7: This ordinance shall be effective upon certification by the County Elections official that it has received voter approval at an election conducted on November 8, 2016. PASSED: By vote of all Council members present after being read by number and title only this day of , 2016. Carol Krager, City Recorder APPROVED: Approved by Tigard City Council this day of , 2016. John L. Cook, Mayor Approved as to form: City Attorney Page 2 - Ordinance No. 16- marijuana retailer by or on behalf of a Chapter 3.80 MARIJUANA TAX consumer of the marijuana item. Sections: D. "Marijuana item" has the meaning given that term in ORS 475B.015(16). 3.80.010 Purpose E. Person" means natural person, 3.80.015 Definitions joint venture,joint stock company, 3.80.020 Tax Imposed 3.80.025 Amount and Payment, partnership, association, club, company, Deductions corporation, business,trust, organization, or any 3.80.030 Marijuana Retailer group or combination acting as a unit, including Responsible for Payment the United States of America,the State of of Tax Oregon and any political subdivision thereof, or 3.80.035 Penalties and Interest the manager,lessee, agent, servant, officer or 3.80.040 Appeal employee of any of them. 3.80.045 Refunds 3.80.050 Actions to Collect F. Retail sale" or "Sale" means the 3.80.055 Violation exchange, gift or barter of a marijuana item by 3.80.060 Confidentiality any person to a consumer. 3.80.065 Audit of Books, Records, or Persons G. "Marijuana retailer" means any 3.80.070 Forms and Regulations person who is required to be licensed or 3.80.075 Intergovernmental registered or has been licensed or registered Agreement by the State of Oregon to provide marijuana items to consumers for money, credit, property 3.80.010 Purpose or other consideration. The purpose of this chapter is to impose H. "Tax" means either the tax payable a tax upon the retail sale of marijuana items by the marijuana retailer or the aggregate by marijuana retailers in the City of Tigard. amount of taxes due from a marijuana retailer during the period for which the marijuana 3.80.015 Definitions retailer is required to report collections under this chapter. As used in this ordinance, unless the I. "Taxpayer" means any person context requires otherwise: obligated to account to the Director for taxes A. "Consumer" means a person who collected or to be collected, or from whom a tax is due, under the terms of this chapter. purchases, acquires, owns, holds or uses marijuana items other than for the purposes 3.80.020 Tax Imposed of resale. p B. "Director" means the Director of A tax is hereby levied and shall be paid by Finance for the City of Tigard or his or her every marijuana retailer exercising the taxable designee. privilege of selling marijuana items as defined in this chapter. The Director is authorized to C. "Retail sale price" means the price paid exercise all supervisory and administrative for a marijuana item, excluding tax, to a powers with regard to the enforcement, collection, and administration of the tax. Exhibit A— Page 1 3.80.025 Amount and Payment, Deductions C. At the time the return is filed, the full amount of the tax collected shall be remitted to In addition to any fees or taxes otherwise the City. provided for by law, every marijuana retailer engaged in the sale of marijuana items in the D. Payments shall be applied in the order of City of Tigard shall pay a tax of three percent the oldest liability first,with the payment credited (3%) of the retail sale price paid to the first toward any accrued penalty, then to marijuana retailer of marijuana items, or the interest, then to the underlying tax until the maximum allowed by state law, whichever is payment is exhausted. Crediting of a payment greater. The tax shall be collected at the point toward a specific reporting period will be first of sale of a marijuana item by a marijuana applied against any accrued penalty, then to retailer at the time at which the retail sale interest, then to the underlying tax. If the occurs and remitted by each marijuana retailer Director, in his or her sole discretion, determines that engages in the retail sale of marijuana that an alternative order of payment application items. would be in the best interest of the City in a particular tax or factual situation, the Director 3.80.030 Marijuana Retailer Responsible may order such a change. The Director may for Payment of Tax establish shorter reporting periods for any marijuana retailer if the Director deems it A. Every marijuana retailer shall obtain a necessary in order to ensure collection of the business license from the City of Tigard tax.The Director also may require additional pursuant to TMC 5.04. The marijuana information in the return relevant to payment retailer will indicate on the business license of the liability. When a shorter return period is application whether the marijuana retailer is required, penalties and interest shall be licensed by or registered with the State of computed according to the shorter return Oregon to provide marijuana items to period. Returns and payments are due consumers for money, credit, property or immediately upon cessation of business for any other consideration. reason. All taxes collected by marijuana retailers pursuant to this chapter shall be held in trust B. Every marijuana retailer shall, on or for the account of the City until payment is before the last day of the month following the made to the City. A separate trust bank account end of each calendar quarter(in the months of is not required in order to comply with this April,July, October and January) make a return to provision. the Director, on forms provided by the City, specifying the total sales subject to this chapter E. Every marijuana retailer must keep and and the amount of tax collected under this preserve, in an accounting format established by chapter. The marijuana retailer may request, or the Director, records of all sales made by the the City may establish, shorter reporting periods marijuana retailer and such other books or for any marijuana retailer if the marijuana accounts as may be required by the Director for retailer or City deems it necessary in order to a period of three (3) years or until all taxes ensure collection of the tax and the City may associated with the sales have been paid, require further information in the return whichever is longer. The City shall have the relevant to payment of the tax.A return shall right to inspect all such records at all not be considered filed until it is actually reasonable times. received by the Director. Exhibit A - Page 2 3.80.035 Penalties and Interest modifying the determination. The findings of the hearings officer shall be final and A. Any marijuana retailer who fails to conclusive, and shall be served upon the remit any portion of any tax imposed by this appellant in the manner prescribed in Chapter chapter within the time required shall pay a 1.17. Any amount found to be due shall be penalty of ten percent (10%) of the amount immediately due and payable upon the service of the tax, in addition to the amount of the tax. of notice. B. If the City determines that the 3.80.045 Refunds nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five A. Whenever the amount of any tax, percent (25%) of the amount of the tax shall be interest or penalty has been overpaid or paid added thereto in addition to the penalties stated more than once, or has been erroneously in subparagraphs 1 and 3 of this section. collected or received by the City under this chapter, it may be refunded as provided in C. In addition to the penalties imposed,any subparagraph 2 of this section, provided a marijuana retailer who fails to remit any tax claim in writing,stating under penalty of imposed by this chapter shall pay interest at the perjury the specific grounds upon which the rate of one percent (1%) per month or fraction claim is founded, is filed with the Director thereof on the amount of the tax, exclusive of within one (1) year of the date of payment. penalties, from the date on which the remittance The claim shall be on forms furnished by the first became delinquent until paid. City. D. Penalties imposed, and such interest as B. The Director shall have twenty (20) accrues for violation of this chapter are separate calendar days from the date of receipt of a claim from,and in addition to, the tax imposed on the to review the claim and make a determination sale of marijuana items. in writing as to the validity of the claim. The E. All sums collected pursuant to the Director shall notify the claimant in writing of penalty provisions in this section shall be the Director's determination. Such notice shall distributed to the City of Tigard General Fund be mailed to the address provided by claimant to offset the costs of auditing and enforcement on the claim form. In the event a claim is of this tax determined by the Director to be a valid claim, in a manner prescribed by the Director a 3.80.040 Appeal marijuana retailer may claim a refund, or take as credit against taxes collected and remitted, Any marijuana retailer aggrieved by any the amount overpaid, paid more than once or decision of the Director with respect to the erroneously collected or received. The amount of such tax,interest and penalties, if marijuana retailer shall notify Director of claimant's choice no later than any, may appeal pursuant to the Appeals to fifteen (15) Civil Infractions Hearings Officer in Chapter days following the date Director mailed the 1.17 of this code, except that the appeal shall determination. In the event claimant has not be filed within thirty (30) days of the serving or notified the Director of claimant's choice within mailing of the determination of tax due. The the fifteen (15) day period and the marijuana hearings officer shall hear and consider any retailer is still in business, a credit will be records and evidence presented bearing upon granted against the tax liability for the next the Director's determination of amount due, reporting period. If the marijuana retailer is no and make findings affirming, reversing or longer in business, a refund check will be mailed to claimant at the address provided in the claim Exhibit A — Page 3 form. other person to: 1. Fail or refuse to comply as required herein; C. No refund shall be paid under the provisions of this section unless the 2. Fail or refuse to furnish claimant established the right by written any return required to be records showing entitlement to such made; refund and the Director acknowledged the 3. Fail or refuse to permit validity of the claim. inspection of records; 3.80.050 Actions to Collect 4. Fail or refuse to furnish a Any tax required to be paid by any supplemental return or other marijuana retailer under the provisions of data required by the City; this chapter shall be deemed a debt owed by the marijuana retailer to the City. Any such 5. Render a false or tax collected by a marijuana retailer which fraudulent return or claim; or has not been paid to the City shall be 6. Fail, refuse or neglect to deemed a debt owed by the marijuana remit the tax to the city by the retailer to the City. Any person owing due date. money to the City under the provisions of this chapter shall be liable to an action B. Filing a false or fraudulent brought in the name of the City of Tigard return shall be considered a Class B for the recovery of such amount. In lieu of misdemeanor,subject to Chapter filing an action for the recovery, the City of 7.28.020 of this code, Unsworn Tigard,when taxes due are more than 30 Falsification. The remedies provided (thirty) days delinquent,can submit any by this section are not exclusive and outstanding tax to a collection agency. So shall not prevent the City from long as the City of Tigard has complied exercising any other remedy available with the provisions set forth in ORS under the law, nor shall the provisions 697.105, in the event the City turns over a of this ordinance prohibit or restrict delinquent tax account to a collection the City or other appropriate agency, it may add to the amount owing an prosecutor from pursuing criminal amount equal to the collection agency fees, charges under state law or City not to exceed the greater of fifty dollars ordinance. ($50.00) or fifty percent (50%) of the outstanding tax, penalties and interest owing. 3.80.060 Confidentiality 3.80.055 Violation Except as otherwise required by law, A. Violation of this chapter shall it shall be unlawful for the City, any constitute a Class 1 civil infraction which officer, employee or agent to divulge, shall be processed according to the release or make known in any manner procedures established in Chapter 1.16 of any financial information submitted or this code, Civil Infractions. It is a violation disclosed to the City under the terms of of this chapter for any marijuana retailer or this chapter. Nothing in this section shall Exhibit A — Page 4 prohibit: that purpose, any books, papers, records, or memoranda,including copies of A. The disclosure of the names and marijuana retailer's state and federal income addresses of any person who is operating a tax return, bearing upon the matter of the licensed establishment from which marijuana retailer's tax return. All books, marijuana items are sold or provided; or invoices, accounts and other records shall be made available within the City limits B. The disclosure of general statistics in and be open at any time during regular a form which would not reveal an business hours for examination by the individual marijuana retailer's financial Director or an authorized agent of the information; or Director. C. The disclosure of information to any B. If the examinations or state agency related to the licensing or investigations disclose that any reports of registration of the marijuana retailer or when marijuana retailers filed with the Director required to carry out any part of this chapter. pursuant to the requirements herein have shown incorrectly the amount of tax D. Presentation of evidence to the accruing, the Director may make such court, or other tribunal having jurisdiction changes in subsequent reports and in the prosecution of any criminal or civil payments, or make such refunds, as may claim by the City or an appeal from the City be necessary to correct the errors for amount due the City under this chapter; disclosed by its examinations or or investigations. E. The disclosure of information when C. The marijuana retailer shall such disclosure of conditionally exempt reimburse the City for reasonable costs of information is ordered under public records the examination or investigation if the law procedures; or action disclosed that the marijuana F. The disclosure of records related to retailer paid 95 percent or less of the tax a business' failure to report and remit the owing for the period of the examination tax when the report or tax is in arrears for or investigation. In the event that such over six (6) months or the tax exceeds five examination or investigation results in an thousand dollars ($5,000).The City Council assessment by and an additional payment expressly finds and determines that the due to the City, such additional payment public interest in disclosure of such records shall be subject to interest at the rate of 1 clearly outweighs the interest in percent per month, or the portion confidentiality under ORS 192.501(5). thereof, from the date the original tax payment was due. 3.80.065 Audit of Books, Records, or Persons D. If any taxpayer refuses to voluntarily furnish any of the foregoing A. The City, for the purpose of information when requested, the City may determining the correctness of any tax immediately seek a subpoena from the return, or for the purpose of an estimate Tigard Municipal Court to require that the of taxes due, may examine or may cause taxpayer or a representative of the to be examined by an agent or taxpayer attend a hearing or produce any representative designated by the City for such books, accounts and records for examination. Exhibit A — Page 5 E Every marijuana retailer shall keep a record in such form as may be prescribed by the City of all sales of marijuana items. The records shall at all times during the business hours of the day be subject to inspection by the City or authorized officers or agents of the Director. F. Every marijuana retailer shall maintain and keep, for a period of three (3) years, or until all taxes associated with the sales have been paid, whichever is longer, all records of marijuana items. 3.80.070 Forms and Regulations The Director is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment and collection of said marijuana tax and in particular and without limiting the general language of this chapter, to provide for: A. A form of report on sales and purchases to be supplied to all vendors; and B. The records which marijuana retailers are to keep concerning the tax imposed by this chapter. 3.80.075 Intergovernmental Agreement The City Council may enter into an IGA with any department or agency of the State of Oregon whereby the State is responsible for the administration, collection, distribution, or enforcement of the tax authorized under this chapter, either in full or in part. The terms of that agreement shall apply in lieu of and shall supersede conflicting provisions of this chapter but shall not be construed as repealing any provision of this chapter. Exhibit A — Page 6 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE NOVEMBER 8,2016 GENERAL ELECTION,THE QUESTION OF WHETHER TO ESTABLISH A TAX ON THE SALE OF MARIJUANA ITEMS BY A MARIJUANA RETAILER IN THE CITY OF TIGARD WHEREAS, Section 34a of HB 3400 (codified at ORS 475B.345) provides that a city council may adopt an ordinance to be referred to the electors of the city that imposes up to a three percent tax or fee on the sale of marijuana items by a marijuana retailer in the area subject to the jurisdiction of the City; and WHEREAS, the City Council of Tigard adopted Ordinance No._,which establishes a tax on the sale of marijuana items by a marijuana retailer in the city of Tigard equal to the amount allowed under State of Oregon law (currently three percent);and WHEREAS, the City Council of Tigard,pursuant to Section 34a of HB 3400 (ORS 475B.345), desires to refer Ordinance No. to the electors of the City of Tigard. NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Measure. A measure election is called in and for the City of Tigard, Washington County, Oregon, for the purpose of submitting a measure that would establish a tax of the full amount allowed under State law (currently 3 percent) on the sale of marijuana items by marijuana retailers in the city of Tigard. A copy of the measure is attached and incorporated as "Exhibit 1." SECTION 2: Election Conducted by Mail. The measure election shall be held on Tuesday, November 8,2016,which is the next general election. The precinct for the election shall be all of the territory within the corporate limits of the City of Tigard.As required by ORS 254.465,the measure election will be conducted by mail by the Washington County Elections Department,according to the procedures adopted by the Oregon Secretary of State. SECTION 3: Notice of Ballot Title.The City Elections Officer is directed to publish notice of receipt of the ballot title in the Tigard Times or The Oregonian in compliance with ORS 250.275(5). SECTION 4: Ballot Title. Pursuant to ORS 250.285 and ORS 254.095, the Tigard City Council directs the City Elections Officer to file a notice of City Measure Election in substantially the form of Exhibit 2,with the Washington County Elections Office,unless,unless,pursuant to a valid ballot title challenge, the Tigard City Council certifies a different Notice of City Measure Election be filed, such filing shall occur no earlier than the eighth business day after the Page 1 — Resolution No. 16 -_ 50015-36842 6_9_16_Tigard Recreational Marijuana Tax Referral(002).docxICAK/7/18/2016 date on which Exhibit A is filed with the city elections officer and not later than September 8, 2016. SECTION 5: Explanatory Statement.The explanatory statement for the measure, for publication in the county voters'pamphlet,which is attached and incorporated as "Exhibit 3,"is approved;said statement shall be filed with the Washington County Elections Office at the same time the Notice of City Measure Election is filed by the City Elections Officer. SECTION 6: Delegation. The Tigard City Council authorizes the City Manager or a designee of the City Manager to act on behalf of the city of Tigard and to take such further action as is necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 7: Effect of"Yes"Vote. If a majority of eligible voters vote"yes" on the measure, Ordinance No. will become operative,and the tax will be imposed on the sale of marijuana items by marijuana retailers in the corporate limits of the City of Tigard. SECTION 8: This resolution is effective immediately upon passage. PASSED: This day of 2016. Mayor—City of Tigard ATTEST: City Recorder—City of Tigard Page 2 — Resolution N o. 16 - 50015-36842 6_9 16 Tigard Recreational Marijuana Tax Referral(002).docx\CAK/7/18/2016 Exhibit 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16- AN ORDINANCE ESTABLISHING A TAX ON THE SALE OF MARIJUANA ITEMS BY A MARIJUANA RETAILER IN THE CITY OF TIGARD WHEREAS,Section 34a of House Bill 3400 (2015) (codified at ORS 475B.345)provides that a city council may adopt an ordinance to be referred to the voters that imposes a tax on the sale of marijuana items by a marijuana retailer in the area subject to the jurisdiction of the city;and WHEREAS, the Tigard City Council wishes to exercise that power to tax the sale of marijuana items by a marijuana retailer in the City of Tigard at the maximum rate allowed by law,which is currently three percent NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code is amended by adding a new Chapter 3.80,Marijuana Tax, to read as attached in Exhibit A. SECTION 2: Severability. The sections, subsections,paragraphs and clauses of this ordinance or any intergovernmental agreement with any department or agency of the State of Oregon are severable.The invalidity of one section, subsection,paragraph,or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3: Savings. Notwithstanding any amendment/repeal,the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4: Intergovernmental Cooperation. After the effective date of this ordinance,the City may enter into an agreement whereby the State of Oregon is responsible for the administration,collection,distribution or enforcement of the tax authorized under this chapter,either in full or in part,without needing to obtain voter approval. SECTION 5: Tigard Municipal Code Chapter 3.70 is hereby repealed,as of the effective date of this ordinance. SECTION 6: This ordinance shall be referred to the electors of Tigard at the next statewide general election on Tuesday,November 8,2016. SECTION 7: This ordinance shall be effective upon certification by the County Elections official that it has received voter approval at an election conducted on November 8,2016. PASSED: By vote of all Council members present after being read by number and tide only this day of 2016. Carol Krager, City Recorder APPROVED: Approved by Tigard City Council this day of , 2016. John L. Cook, Mayor Approved as to form: City Attorney Page 2 - Ordinance No. 16- marijuana retailer by or on behalf of a Chapter 3.80 MARIJUANA TAX consumer of the marijuana item. Sections: D. "Marijuana item"has the meaning given that term in ORS 475B.015(16). 3.80.010 Purpose 3.80.015 Definitions E. Person" means natural person, 3.80.020 Tax Imposed joint venture, joint stock company, 3.80.025 Amount and Payment, partnership, association,club,company, Deductions corporation,business,trust,organization,or any 3.80.030 Marijuana Retailer group or combination acting as a unit,including Responsible for Payment the United States of America,the State of of Tax Oregon and any political subdivision thereof,or 3.80.035 Penalties and Interest the manager,lessee,agent, servant,officer or 3.80.040 Appeal employee of any of them. 3.80.045 Refunds 3.80.050 Actions to Collect F. Retail sale" or"Sale" means the 3.80.055 Violation exchange,gift or barter of a marijuana item by 3.80.060 Confidentiality any person to a consumer. 3.80.065 Audit of Books,Records, or Persons G. "Marijuana retailer" means any 3.80.070 Forms and Regulations person who is required to be licensed or 3.80.075 Intergovernmental registered or has been licensed or registered Agreement by the State of Oregon to provide marijuana items to consumers for money,credit,property 3.80.010 Purpose or other consideration. The purpose of this chapter is to impose H 'Tax"means either the tax payable a tax upon the retail sale of marijuana items by the marijuana retailer or the aggregate by marijuana retailers in the City of Tigard. amount of taxes due from a marijuana retailer during the period for which the marijuana 3.80.015 Definitions retailer is required to report collections under this chapter. As used in this ordinance,unless the I. 'Taxpayer"means any person context requires otherwise: obligated to account to the Director for taxes collected or to be collected, or from whom a A. "Consumer"means a person who purchases, acquires, owns,holds or uses tax is due,under the terms of this chapter. marijuana items other than for the purposes of resale. 3.80.020 Tax Imposed B. `Director"means the Director of A tax is hereby levied and shall be paid by Finance for the City of Tigard or his or her every marijuana retailer exercising the taxable designee. privilege of selling marijuana items as defined in this chapter. The Director is authorized to C. "Retail sale price"means the price paid exercise all supervisory and administrative for a marijuana item, excluding tax,to a powers with regard to the enforcement, collection,and administration of the tax. Exhibit A—Page 1 3.80.025 Amount and Payment, Deductions C. At the time the return is filed,the full amount of the tax collected shall be remitted to In addition to any fees or taxes otherwise the City. provided for by law, every marijuana retailer engaged in the sale of marijuana items in the D. Payments shall be applied in the order of City of Tigard shall pay a tax of three percent the oldest liability first,with the payment credited (3%) of the retail sale price paid to the first toward any accrued penalty,then to marijuana retailer of marijuana items, or the interest, then to the underlying tax until the maximum allowed by state law,whichever is payment is exhausted. Crediting of a payment greater. The tax shall be collected at the point toward a specific reporting period will be first of sale of a marijuana item by a marijuana applied against any accrued penalty, then to retailer at the lime at which the retail sale interest, then to the underlying tax.If the occurs and remitted by each marijuana retailer Director,in his or her sole discretion,determines that engages in the retail sale of marijuana that an alternative order of payment application items. would be in the best interest of the City in a particular tax or factual situation, the Director 3.80.030 Marijuana Retailer Responsible may order such a change. The Director may for Payment of Tax establish shorter reporting periods for any marijuana retailer if the Director deems it A. Every marijuana retailer shall obtain a necessary in order to ensure collection of the business license from the City of Tigard tax.The Director also may require additional pursuant to TMC 5.04. The marijuana information in the return relevant to payment retailer will indicate on the business license of the liability. When a shorter return period is application whether the marijuana retailer is required,penalties and interest shall be licensed by or registered with the State of computed according to the shorter return Oregon to provide marijuana items to period. Returns and payments are due consumers for money, credit,property or immediately upon cessation of business for any other consideration. reason.All taxes collected by marijuana retailers pursuant to this chapter shall be held in trust B. Every marijuana retailer shall, on or for the account of the City until payment is before the last day of the month following the made to the City.A separate trust bank account end of each calendar quarter(in the months of is not required in order to comply with this April,July,October and January)make a return to provision. the Director,on forms provided by the City, specifying the total sales subject to this chapter E. Every marijuana retailer must keep and and the amount of tax collected under this preserve,in an accounting format established by chapter.The marijuana retailer may request,or the Director,records of all sales made by the the City may establish, shorter reporting periods marijuana retailer and such other books or for any marijuana retailer if the marijuana accounts as may be required by the Director for retailer or City deems it necessary in order to a period of three (3)years or until all taxes ensure collection of the tax and the City may associated with the sales have been paid, require further information in the return whichever is longer.The City shall have the relevant to payment of the tax.A return shall right to inspect all such records at all not be considered filed until it is actually reasonable times. received by the Director. Exhibit A—Page 2 3.80.035 Penalties and Interest modifying the determination. The findings of the hearings officer shall be final and A. Any marijuana retailer who fails to conclusive, and shall be served upon the remit any portion of any tax imposed by this appellant in the manner prescribed in Chapter chapter within the time required shall pay a 1.17. Any amount found to be due shall be penalty of ten percent (10%) of the amount immediately due and payable upon the service of the tax,in addition to the amount of the tax. of notice. B. If the City determines that the 3.80.045 Refunds nonpayment of any remittance due under this chapter is due to fraud,a penalty of twenty-five A. Whenever the amount of any tax percent(25%) of the amount of the tax shall be interest or penalty has been overpaid or paid added thereto in addition to the penalties stated more than once,or has been erroneously in subparagraphs 1 and 3 of this section. collected or received by the City under this chapter,it may be refunded as provided in C. In addition to the penalties imposed,any subparagraph 2 of this section,provided a marijuana retailer who fails to remit any tax claim in writing, stating under penalty of imposed by this chapter shall pay interest at the perjury the specific grounds upon which the rate of one percent (1')/0)per month or fraction claim is founded,is filed with the Director thereof on the amount of the tax,exclusive of within one (1)year of the date of payment penalties,from the date on which the remittance The claim shall be on forms furnished by the first became delinquent until paid. City. D. Penalties imposed,and such interest as B. The Director shall have twenty(20) accrues for violation of this chapter are separate calendar days from the date of receipt of a claim from,and in addition to,the tax imposed on the to review the claim and make a determination sale of marijuana items. in writing as to the validity of the claim.The Director shall notify the claimant in writing of E. All sums collected pursuant to the the Director's determination. Such notice shall penalty provisions in this section shall be be mailed to the address provided by claimant distributed to the City of Tigard General Fund on the claim form. In the event a claim is to offset the costs of auditing and enforcement determined by the Director to be a valid claim, of this tax. in a manner prescribed by the Director a 3.80.040 Appeal marijuana retailer may claim a refund, or take as credit against taxes collected and remitted, Any marijuana retailer aggrieved by any the amount overpaid,paid more than once or decision of the Director with respect to the erroneously collected or received. The amount of such tax,interest and penalties,if marijuana retailer shall notify Director of any,may appeal pursuant to the Appeals to claimant's choice no later than fifteen (15) Civil Infractions Hearings Officer in Chapter days following the date Director mailed the 1.17 of this code, except that the appeal shall determination.In the event claimant has not be filed within thirty (30) days of the serving or notified the Director of claimant's choice within mailing of the determination of tax due.The the fifteen (15) day period and the marijuana hearings officer shall hear and consider any retailer is still in business, a credit will be records and evidence presented bearing upon granted against the tax liability for the next the Director's determination of amount due, reporting period. If the marijuana retailer is no longer in business,a refund check will be mailed and make findings affirming,reversing or to claimant at the address provided in the claim Exhibit A—Page 3 form. other person to: 1. Fail or refuse to comply as required herein; C. No refund shall be paid under the provisions of this section unless the 2. Fail or refuse to furnish claimant established the right by written any return required to be records showing entitlement to such made; refund and the Director acknowledged the validity of the claim. 3. Fail or refuse to permit inspection of records; 3.80.050 Actions to Collect 4. Fail or refuse to furnish a Any tax required to be paid by any supplemental return or other marijuana retailer under the provisions of data required by the City; this chapter shall be deemed a debt owed by the marijuana retailer to the City.Any such 5. Render a false or tax collected by a marijuana retailer which fraudulent return or claim; or has not been paid to the City shall be 6. Fail, refuse or neglect to deemed a debt owed by the marijuana remit the tax to the city by the retailer to the City. Any person owing due date. money to the City under the provisions of this chapter shall be liable to an action B. Filing a false or fraudulent brought in the name of the City of Tigard return shall be considered a Class B for the recovery of such amount. In lieu of misdemeanor, subject to Chapter filing an action for the recovery,the City of 7.28.020 of this code, Unsworn Tigard,when taxes due are more than 30 Falsification. The remedies provided (thirty) days delinquent,can submit any by this section are not exclusive and outstanding tax to a collection agency. So shall not prevent the City from long as the City of Tigard has complied exercising any other remedy available with the provisions set forth in ORS under the law,nor shall the provisions 697.105,in the event the City turns over a of this ordinance prohibit or restrict delinquent tax account to a collection the City or other appropriate agency,it may add to the amount owing an prosecutor from pursuing criminal amount equal to the collection agency fees, charges under state law or City not to exceed the greater of fifty dollars ordinance. ($50.00) or fifty percent(50%) of the outstanding tax,penalties and interest owing. 3.80.060 Confidentiality 3.80.055 Violation Except as otherwise required by law, A. Violation of this chapter shall it shall be unlawful for the City, any constitute a Class 1 civil infraction which officer,employee or agent to divulge, shall be processed according to the release or make known in any manner procedures established in Chapter 1.16 of any financial information submitted or this code, Civil Infractions. It is a violation disclosed to the City under the terms of of this chapter for any marijuana retailer or this chapter. Nothing in this section shall Exhibit A—Page 4 prohibit that purpose, any books, papers, records, or memoranda,including copies of A. The disdosure of the names and marijuana retailer's state and federal income addresses of any person who is operating a tax return,bearing upon the matter of the licensed establishment from which marijuana retailer's tax return. All books, marijuana items are sold or provided;or invoices, accounts and other records shall be made available within the City limits B. The disclosure of general statistics in and be open at any time during regular a form which would not reveal an business hours for examination by the individual marijuana retailer's financial Director or an authorized agent of the information;or Director. C. The disclosure of information to any B. If the examinations or state agency related to the licensing or investigations disclose that any reports of registration of the marijuana retailer or when marijuana retailers filed with the Director required to carry out any part of this chapter. pursuant to the requirements herein have shown incorrectly the amount of tax D. Presentation of evidence to the accruing, the Director may make such court, or other tribunal having jurisdiction changes in subsequent reports and in the prosecution of any criminal or civil payments, or make such refunds, as may claim by the City or an appeal from the City be necessary to correct the errors for amount due the City under this chapter; disclosed by its examinations or or investigations. E. The disclosure of information when C. The marijuana retailer shall such disclosure of conditionally exempt reimburse the City for reasonable costs of information is ordered under public records the examination or investigation if the law procedures;or action disclosed that the marijuana F. The disclosure of records related to retailer paid 95 percent or less of the tax a business' failure to report and remit the owing for the period of the examination or investigation. In the event that such tax when the report or tax is in arrears for examination or investigation results in an over six(6)months or the tax exceeds five assessment by and an additional payment thousand dollars ($5,000).The City Council due to the City, such additional payment expressly finds and determines that the shall be subject to interest at the rate of 1 public interest in disclosure of such records percent per month, or the portion dearly outweighs the interest in thereof, from the date the original tax confidentiality under ORS 192.501(5). payment was due. 3.80.065 Audit of Books,Records, D. If anytaxpayer refuses to or Persons pa Y voluntarily furnish any of the foregoing A. The City,for the purpose of information when requested,the City may determining the correctness of any tax immediately seek a subpoena from the Tigard Municipal Court to require that the return, or for the purpose of an estimate of taxes due, may examine or may cause taxpayer or a representative of the to be examined by an agent or taxpayer attend a hearing or produce any representative designated by the City for such books,accounts and records for examination. Exhibit A—Page 5 E Every marijuana retailer shall keep a record in such form as may be prescribed by the City of all sales of marijuana items. The records shall at all times during the business hours of the day be subject to inspection by the City or authorized officers or agents of the Director. F. Every marijuana retailer shall maintain and keep, for a period of three(3) years,or until all taxes associated with the sales have been paid,whichever is longer, all records of marijuana items. 3.80.070 Forms and Regulations The Director is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment,assessment and collection of said marijuana tax and in particular and without limiting the general language of this chapter,to provide for: A. A form of report on sales and purchases to be supplied to all vendors; and B. The records which marijuana retailers are to keep concerning the tax imposed by this chapter. 3.80.075 Intergovernmental Agreement The City Council may enter into an IGA with any department or agency of the State of Oregon whereby the State is responsible for the administration, collection, distribution, or enforcement of the tax authorized under this chapter, either in full or in part. The terms of that agreement shall apply in lieu of and shall supersede conflicting provisions of this chapter but shall not be construed as repealing any provision of this chapter. Exhibit A—Page 6 EXHIBIT 2 Notice of Measure Election SEL 802 rev 1/14: ORS 250.035, 250.041, City 250.275, 250.285,254.095,254.465 Notice Date of Notice I Name of City or Cities 1 Date of Election City of Tigard November 8,2016 The following is the final ballot title of the measure to be submitted to the city's voters. Final Ballot Title Notice of receipt of ballot title has been published and the ballot title challenge process has been completed. Caption 10 words which reasonably identifies the subject of the measure Imposes city tax on marijuana retailer's sale of marijuana items Question 20 words which plainly phrases the chief purpose of the measure Shall City impose a tax on the sale of marijuana items by a marijuana retailer in the City? Summary 175 words which concisely and impartially summarizes the measure and its major effect Under current state law, a city council may adopt an ordinance to be referred to the voters of the city imposing up to a three percent tax or fee on the sale of marijuana items in the city by a licensed marijuana retailer. If this measure is adopted,it would approve a Tigard Ordinance imposing a tax on the sale of marijuana items in the city by a licensed marijuana retailer. The tax amount would be the maximum amount allowed under state law,which is currently three percent (3%). The tax would be collected at the point of sale and remitted by the marijuana retailer. The measure also includes provisions regarding collection, administration and enforcement of the tax. Explanatory Statement 500 words that impartially explains the measure and its effect,if required attach to this form If the county is producing a voters' pamphlet an explanatory statement must be submitted for any measure referred by the city governing body and if required by local ordinance, for any initiative or referendum. Measure Type County producing voters' Local ordinance requiring Explanatory statement pamphlet submission required ® Referral ® Yes n No Not applicable ®Yes 111No n Initiative ❑ Yes ❑ No ® Yes IDNo n Yes ❑ No ❑ Referendum ❑ Yes ❑ No ❑Yes n No ❑ Yes ❑ No Authorized City Official Not required to be notarized By signing this document, I hereby state that I am authorized by the city to submit this Notice of Measure Election and I certify that notice of receipt of ballot title has been published and the ballot title challenge process for this measure completed. Name I Title I Work Phone Signature I Date Signed Exhibit 2, Page 1 of 1 50015-36842 6_9_16_Tigard Recreational Marijuana Tax Referral(002).docx\CAK/7/18/2016 EXHIBIT 3 EXPLANATORY STATEMENT 500 words Under measure 91, adopted by the Oregon voters in November 2014, and amended by the Legislature in 2015, the Oregon Liquor Control Commission must license the retail sale of recreational marijuana. The 2015 Legislation provides that a city council may adopt an ordinance imposing up to a three percent tax on the sale of marijuana items (which include marijuana concentrates, extracts, edibles, and other products intended for human consumption and use) by retail licensees in the city, but the council must refer that ordinance to the voters at a statewide general election. The City of Tigard City Council has adopted an ordinance imposing a tax of the full amount allowed under State law,which is currently three percent (3%), on the sale of marijuana items by a marijuana retailer in the city,and, as a result,has referred this measure to the voters. If this measure is adopted,it would approve Tigard Ordinance No. imposing a three percent tax, or the maximum rate allowed by the State,whichever is greater, on the sale of marijuana items in the city by a licensed marijuana retailer. The tax would be collected at the point of sale and remitted by the marijuana retailer. The measure also includes provisions regarding collection,administration and enforcement of the tax. There are no restrictions on how the city may use the revenues generated by this tax. Exhibit 3, Page 1 of 1 50015-36842 6 9 16 Tigard Recreational Marijuana Tax Referral(002)docxICAK/7/18/2016 To: Tigard City Council RE: Upcoming vote on adding 3%marijuana tax to City Council agenda I am writing this letter to review the impact this proposed tax could have on the City of Tigard and the potential economic benefit this tax could bring to the city and its residents. Using our existing location in Woodstock as a baseline, we anticipate roughly a $150,000-$200,000 annual tax collection in Tigard. Our current shop in Portland does$450,000 to$500,000 a month in sales so the math becomes pretty simple. Moreover, we support the potential of an additional tax rate if the council moves in that direction. We feel that our location in Tigard could become the top Westside volume location in the Portland Metro Area with a target sales rate of$750,000/month thus driving the tax revenue even higher (up to maybe$250K annual). What would make this reality is a combination of store location and our current industry reputation and marketing plan. Of course it is in our best interest to have the moratorium removed in Tigard for the current Main Street zoning restrictions but this tax is vital to what we can offer the residents of our city. So we write this in hopes of emphasizing the economic impact not only with this current issue but also future discussions on re-zoning Main Street back onto the approved list. In regards to economic impact on employment, we currently support 25 well paid positions (12.00- 20.00/hour)with plans to increase wages and opportunities with each additional shop we open. We can leave that for a later discussion. Just be aware that we are behind this tax and will be more than open to sharing our books with the council if asked. Thanks for your consideration in this matter. Sincerely, John P. Widmer Kaleafa Cannabis Company Owner/C.O.O. AGENDA ITEM No. 7 Date: July 26, 2016 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDERATION OF ORDINANCE AND RESOLUTION TO PLACE A MARIJUANA TAX ON THE NOVEMBER 2016 BALLOT Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 7 Date: July 26, 2016 PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. 41,Wie 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. City of Tigard, Oregon Affidavit of Posting M �� In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) �I, -�l w= Pj-t-t-('ciff C;M , being first duly sworn, by oath, depose and say: I posted in the following public and conspicuous places, a copy of Ordinance Number(s) I to-1 Ll 4-t& -jam , which were adopted at the City Council meeting of �7�� a�'/� , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the day of Cktldo 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 _..,. OFFICIAL STAMP CAROL ANN KRAGER Y'15v NOTARY PUBLIC - OREGON COMMISSION N0.924954 =a ' Si nature Person w)96 Pe formed Posting ,�•,��?g4lhiS$IQN>=kPiFEBRUARY 10 RES ,2018 Subscribed and sworn before me this -,A 74"d' ay of Al 2016 by Notary Public - State of Ore#n I:\ADM\CITY RECORDERS\FORMS\AFFIDAVIT OF POSTING-ORDINANCE.DOC