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City Council Packet - 01/10/2017
114 City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: January 10,2017 -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 Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: January 10,2017 - 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 •EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss exempt public records,under ORS 192.660(2)(f). 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. 6:30 p.m. COUNCIL LIAISON REPORTS 7:00 p.m. estimated time 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. Tigard High School Student Envoy C. Tigard Area Chamber of Commerce D. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. APPROVE TIGARD CITY COUNCIL BOARD AND COMMI1T .E LIAISON ASSIGNMENTS •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Agency has voted on those items which do not need discussion. 4. INFORMATIONAL PUBLIC HEARING: CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2017 SECOND QUARTER BUDGET SUPPLEMENTAL 7:35 p.m. estimated time 5. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENT TO TIGARD MUNICIPAL CODE 15.06.020 PERMITTING FRANCHISE AGREEMENTS WITH SPECIAL DISTRICTS AND COUNTY SERVICE DISTRICTS 7:55 p.m. estimated time 6. FINALIZE THE 2017 FEDERAL AND STATE LEGISLATIVE AGENDA 8:10 p.m. estimated time 7. DISCUSS THE FY 17-18 MAYOR AND CITY COUNCIL BUDGET 8:20 p.m. estimated time 8. LOCAL CONTRACT REVIEW BOARD -CONSIDERATION OF CITYWIDE ATTORNEY SERVICES CONTRACT 8:30 p.m.estimated time 9. NON AGENDA ITEMS 10. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss labor negotiations,real property negotiations,and review and evaluate the employment-related performance of the city manager under ORS 192.660(2) (d), (e) and (i).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. 8:50 p.m. estimated time 11. ADJOURNMENT 935 p.m. estimated time 111 City of Tigard Tigard City Council Meeting Agenda �, January 10, 2017 CITY COUNCIL STUDY SESSION - 6:30 p.m. A. EXECUTIVE SESSION Mayor Cook will read the following: The Tigard City Council will go into Executive Session to discuss exempt public records under ORS 192.660 (2) (f). 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. B. COUNCIL LIAISON REPORTS 7:00 p.m. estimated time Administrative Items: 7:15 p.m. estimated time 1. A copy of the council budget will be handed out in Study Session (Business Meeting Agenda Item No. 7) 2. A liaison for the Budget Sub-committee (Social Services) needs to be assigned. If selected in this Study Session, the liaison matrix on the Consent Agenda should be pulled and the motion to approve amended to add this liaison assignment. Council Meeting Calendar January 3* Tuesday Council Inauguration Meeting—6:30 p.m.,Town Hall 10* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 17* Tuesday Council Business/Workshop Meeting—6:30 p.m.,Town Hall 23 Monday Council Goal Setting—6-9 p.m.,TVF&R Headquarters, 11945 SW 70th Ave,Tigard 24* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 31 Tuesday Council Outreach Event—6:00 p.m.—8:00 p.m.,Max's Fanno Creek Pub, 12562 SW Main St.,Tigard February 7* Tuesday Council Business meeting- 6:30 p.m.,Town Hall 14* Tuesday Council Business Meeting- 6:30 p.m.,Town Hall 21* Tuesday Council Workshop Meeting- 6:30 p.m.,Town Hall 28* Tuesday Council Business Meeting- 6:30 p.m.,Town Hall March 7* Tuesday Council Business meeting- 6:30 p.m.,Town Hall 11* Tuesday Council Bu3incas Mccting —CANCELLED 21* Tuesday Council Workshop Meeting- 6:30 p.m.,Town Hall 28* Tuesday Council Business Meeting- 6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk (*). AGENDA ITEM NO. 2 D - CITIZEN COMMUNICATION DATE: January 10, 2017 (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 � 9 Name• / "�//f TI/ t71/ N mei/Li-- Also,please spell your name as it sounds,if it will /0 help the presiding officer pronounce: Address 13$ c 3 ,37W, 3QxeI4eA City `77 9 /OP State 0 peg 0,v Zip 9- 7223 Phone No. CO3-- S-Z T' 51y- Also,please spell your name as it sounds,if it will 1/14c7-X•••4 help the presiding officer pronounce: 1 Lit-fi VZ-6, AddresD 113 V2-V1tq,c0 City State orz— Zip "7,3> Phone No. C-03 2'to r 11(1_ Name:(JL r I J- F a h /e y Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address /1 7g 3 5 cc COoeeh. FL.tsJoA City k;n9 <' r�Y State C0 Oil Zip ej 7 .2C4 Phone No. 503 6 3 q^ 9. 7 CITIZEN . 7CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 161220.doc :,.,',ambidiamiddimariliiiiiiii 4 Stepping . '';',�, ; Y :i -4 4. into h` A warm welcome • • ,, , IS YSUPPLEM NT L PACKET,rF, 'F .ti.ta,a nem l, ,rrc, msµ,< tkrr Creek(tau visit 1 (\D / /p / 7 \mist rester dais ter NM Su f;htntr+c t:rttrlcf! .- p I See Page 14 (DATE OF MEETING) jj 1.2 NOVEMBER?016 e h zen&i'l1'Moll e4- •T/v� ' EGA r•� r . , OURIER „ .. SERVING THE COMMUNITIES OF KING CITY, SUMMERFIELD & SURROUNDING AREAS • ONLINE AT WWW.PORTLANOTRIBUNE.COM 'REGAL-COUR ANSWERING Navy, Air Force veterans serve at different times in different wars H E .,..._ ,. , .,..,h. . .., . „.. .. . . .. . .,... ,. ,a• .._.. . . . CALL _. • WORLD WAR II VIETNAM WAR Carl Finleyrepaired ships Art Cornelius was a Cc eY � � in the Pacific duringWWII ilot duringthe Vietnp fis high school I /ie also was one of , 1111 sweetheart married . the top-secret -----. _ _._. someone else while het . Ravens who did was awaybut he wed -10 intelligence work ' ' VI Illi her 60 years later t~ . 1 ' 4 CIliLor the CIA einLaos an Finley likes to �: »,r4,"411111104 144 Uste5t �i• rt Cornelius disap half of World War Il 'r I ' _ ' `�`` geared without a M °. underwater,and he's l 1 � trace fora seven- month period in ❑nt kidding-he was a Navy - __„s 1 diver stationed aboard the •. 1968 during the Vietnam USS Cascade who repaired PHOTOS COURTESY OF CARL FINLEY ' War to provide information for tie ofTi ships in the Pacific fleetCarl Finley(right,with fellow sailors)found the fishing good in the He couldn't even tell his air strikes against North little n In addition,Carl has livedwife Merilyn where he was Vietnamese and communist going South Pacific where his ship was stationed during World War II, through the history of Tigardand he has been a lifelong fisherman going or what his covert as- Pathet Lao sites. -Tb. firsthand.starting with his signment was as he went "Mc boss had to send ings al birth in 1921.decades before Carl and Audrey.who was letter in baseball my fresh- down a rabbit hole of in- someone to he a forward op- bossy Tigard became a city:also, married to her first husband man year." trigue necessary to keep crating controller for a job which he Is part of a great love sto- Art for 60 years,will cele- One of his buddies is the mission secret from the he knew nothing about." tai.E ry:After being married to Irate their 10th anniversary 107-year-old Curtis Ti- rest of the world. Cornelius said "His opera- works his first wife Midge for 50 this December. gard,with Carl not- Cornelius became tions officer asked if I would were 1 years until she died,he mar- Carl,now 95,went to'l'l- ing,"1 tell him I'm STORIES sr one of the Raven For- like to earn more money the an ritd his high school sweet- gard Grade School and Ti- trying to catch up BARBARA ward Air Controllers. That led me to flying to ed to I heart Andre 10 years ago gard High School,which with him." Ravens,used by Thailand.where I was told went t when he was 85 and she was opened in 1929."I love SHERh1At� the U.S.Central Intel- to report to a certain orga. 82 sports,"he said."I made a WIRY/Page fl ligence Agency in Laos nization I finally found a lit • T __ _.� .. �..:r. n+ ��rnn TI(�(, 1� he rcI m,mhorc (I1 CIT Navy: 'Hoke tthefleet ' udr sa s wi e A ey Y■ umlaut Page 1 �.- � rtMDWlte`i14dso)Ren+Der Wrariwhfh,Audteywas tF Ceti g lbaki1fIM'ilf'bietI et..' e sirs to ittrtiam!bar(nore'; ('aiH Mild.lbw*1 f s l u 1 *mild nuke Mme from Ow A e!:h bet famtfy to T igatit l i h+telit ao�d 40 Prim!ante!It' h aM`a kdte 4414.440444 41a• ; t I u tel Carl met when he was J", i J..� P.m` ;+end he wast,and date.; r / One Renes ettat.oil without u a Kar White thea&Ali.i� • `d' ,z t -o Ugh(,tieing lain by P'h''" • :melded 7Hs '. ,.e; - '-1 i',' to the dark ran into tart to • " k, los ear,its left hip was two �fier Carl graduated front A d+m ,. - - i• ken.and a int 5%day°s w t Ili%be encoded Bluets y.ly x v jF t i i M•hospital. t 1e+Aatkal HiSb•-Boot in ;..A�i'+ - - t'arI built his firm house on poreland for training m av i - f DUO flKe't-Cental work that 3117 - p. South Dakota Street and hal to a job at Boeing m Seat ` -1 l' whenitgotat.small,the t _ ,V"r„ "s . i family moved to founon-fares ant ',:>. tie,r tiet'e Carl built 8-] I ` r.r "' on(Runic"I've never owed • ar 'v . "� t manes on a house,"Carl said When the war broke our I M •sarK'-,p vt a f""1• r ,, 1�� ! Over the decades.('ail and probafdy could havekept r,: + ate iF r iothet e' of the service,and 1 came a, 'k 1[.",t r st Audrey saw each ti eve at barillaOregon Shipyard uia. 4 r' ITh bothmeons addet'a t' pnrtland to be a ship filter.' `./, ,t - wifely t n widowedaras- enc, P „ate:' �t� "'1 = �ties `-�" -�.' died m a car ser Went, °. be said."I called the drat 1 w--,� i s �,- - and Audrey a husband Aieit (wait and asked if I would to v ,. lei - - of cam-er.and('art and Au ' told before I was drafted duh•started attending 7715 They said yes.and the Asir } A ''': before'was called up.1 gid" x.•. • - s dJ reunions together i 1 was the oldest one there joined the Navy" _�'I�� fart,who had brother, aa•M►'"" at the"My reunion."her! ` ,.- '_ � ,- ,- said."kly oikk•st brother t71 ,., foot and eight veers older. z ....4‘..- , ' P `- ? • s was in the first'1'Ils graduat cats t -!i.•,'•aant to join ...�'_ 1 _ ,�¢_.9. -- .... ing Class,and all my family the Army stn,len set lances,stews weld to THS,even my grand- wI WOred The mitt- Andrey and Carl Filey have been happily married for 10 years and yoke that they have 120 years of marriage between them after both wer, kids." dIe brother previously married to atter people, Audrey added,"Mine did overseas became a pr — — — too" follow; lot and sur- ( Lcmgevity-and apparently Carl HWy wide his mini Mary Carl rived the en- y Ffalthe s ,.a luck too-runs in Carl's farm fleet lire war.fly- 1 �teYki N atha� wanted~ - ly His dad lived to be 1O•l. from Hawaii mg planes W lir h."acre lye a is MSS Cwaa&e, vat"ria am Uu be i1 a and so did his brother Ed. to Jaw.. out of Eng. - � "Two weeks ago,I fell off a ' land;afterwinwant milder: [ ladder-I needed stitches in —art Ft* the war,he —'wall MUMS ta6aae kk ayorad a►ar - the hack of my head."Carl II II said"I've been pretty lucky." • e;= plane full of '1 ria gay( -'rr2 f•r - Audrey said."I'm just glad wounded soldiers that ( l'' you're alive,"adding."I've crashed,with all aboard , '}` j - been lucky to tie married to killed is buried in Carl i w , c ", . twit greateguysiiti " -j - ,. '- The couple now jokes that sent to metal-smit school in they have too many great- Once in the Navy.(art was41„ 1 , San f he o.where he learned - grandchildren and great- sheet-metal weldingand nay fir' i � great-grandchildren to assigned to the USS Cascade. iF •v ,�- roan(. "1 worked aver se as tont.- ii .�: ` ,-" N. surprise for a Naey me the fleet from Hawaii to ran.Carl has always loved Japan.'said Carl..1).j,an,' f ) . fishing and boating and was the Cascade,which was a de- .-. drover tender that was the first to go into the ocean Par'( I . ," out of Pacific City in a of Pearl;lari-tee Squadron 10,in square-stern dory 1larbor in June 1913. s "Everyone shook their Cart spent more than two heads,but after that,they years on the ship,with stops at the Ellice Islands,four �� /f ries."he to square-stern do- atolls to the Marshal;Is- rjfJ do- ries.""there said finds,one atoll in the faro. inert aren't main plates I haven't fished in Oregon line Islands,two stays in can lie going out fishing to in 'pia.,tuna,and Wakayama,Japan. r 1 .$. boat this weekend It has a 'The ship was like a cit-." + heater and curtains I don't said Carl,who wasa rc rps• ,y ;-a.* .4 i married my buddy Arthur, people tars of it and say. rough it anymore." man`It had a machete shopI { ,t, who got home helot.I did," 'Here's$0,O00,'- But he says his hest catch that was as big as a gymnast- s,; T «. Carl said He was a Washington is Audrey and on their sofa um We worked on cruisers, ,I Audrey added,"I ties et (booty Sheriff's Office re- is a pillow that reads,"A fish Liberty stays and subs web --*1 heats!from Carl during the seri,.deputy for 25 years and erman hies here with the There were 15 of us repairing war,and we had never talked was also the Tigard District catch of his life." +chips-I worked from the top the feel going'- On one of the tropical Is- about marriage" of roasts to undenieatb ships. The ship and crew tace d lands,dancers were coming Carl said he never taint. r" "We bad a flnaung dry many dangers,according to onto the ship,but they home on tease'•because P A R I A N I • V I L L E L L A iti worked on a lot of UM Carl."We rode out big danced topical,The brass there was too much demand ships-they had prob- storms."he said "The ty• gave them T-shirts to wear, for me" "" —"'"" -t .with the keel I made a phoons were terrible.and a but the women cut'boob (The surviving crew of ow' TRUSTS•WILLS•ESTATE PLANNING+PROBATE of money during the war.I destroyer capsized in one of holes'to expose their breasts 055(aacade still holds re- __. I paid$10 an hour.whit•h them" because that Is how they unions,"mostly hack East." good money in those the divers always hail to were used to dancing" ('ail said 1 �f >k • " M'on the lookout for barna• ('ail was on the Cascade' But romance was sell in �f i."-cuba diving hadn't been cuda and their sharp teeth when Japan surrendered, store for Carl His family at- ) ted yet-and Carl said "We didn't worry about the and the war ended. tended Tigard United Meth divers didn't like to toe sharks.but one guy almost "The soldiers celebrated odfst('lurch.and('ail re ilmi sa Nsryt solei deep-sea lost his arts to a barracuda- and sono guns m the air." turned to it after the war His .�, a helmets because they we had to watch for them all Carl said.`I heard that one of future wife Midge served to 2 so cumbersome,so they the time,"Carl said our own planes got aceiden- the Civilian Air Patml during their own masks out Carl bunked near a 5-inch tally shot down We ended up the war and also cleaned the `e Sas masks. cannon,plus he was assigned in Kobe as part of the occupa- parsonage,and tine stay the ' "We took the canister off to fire it for a time until be twin force.We had to disarm minister invited('arl to stay r' bark and built a canner- got reassigned.and he the Japanese-we took a for lunch.when he met - _ . '••b.,e for an arc hose."he said blames that duty for his 50-foot launch ashore and Midge Anne Voile lla Pamela Parum 'Me would dive down Info hearing loss,still recalling came back with tt full of rt They got married and had Atrnrnn at Iau .'lnorney or/as• ' av('+vith only our mask,a the tetnble racket In the Cur- ties" two sons and a daughter, _-._. •'Cousin and a weight belt. ret*hen It was fitted Referring to General Hak- while'Audrey and her hus- Par Parum nod Anne�'didla Inoue direr were eemneottd to a hn>e The ship's radio picked up hi Trip."I got acquainted hand had four daughters and ▪ i'.1, oxygen-and hoped Japanese transmission,. with a little.lapaneso Mr," one soon pry on saving dirni. cion(heap with nom, will, neon eccted to the "and we could hear Tokyo? Carl said `tic didn't hke Totts Carl went tie work fur the euro Planning and tinJuIi saner. Ruse talking in English."Carl -he pantomimed slashing his Federal Reserve Bank as a Vuu there ark at at www-parianilaw.com for a cum lett. of the work was said throat' building engineer.and one of drscripoets of thou un it r,of t Jl lo,an aprynrun+en, c .s • Once I had to There were some goad Carl.said he remained with his jots was hurtling paper , • .&crack in a fuel tank If times on board too accord the aceupat ion forces for a tolls that were pulled from (no.rnrndv a,Kand in knit,I.tee on ii,,,,.roar lfesie amtinng wrong.I mg to CarI short time."hut 1 wanted to circulation �• -!+- - i:oiler k.. n be here today An- "I rented a camera in Ha- get home as soon as I could" "The city got after us .- a Nene I had to tut the w au"('aro said "They didn't he said about the smoke.so we got a ! 503-639-6176•cOntaet@pariandaw.con r .Ole radii,antenna on want us takuig cameras on When Carl returner!to Ti grinder,`Cart said-The with a torch' the ship.Cwt I got some good gird,he learned that Audrey ground money was used from +U,,SESSIONAL CalnA added,"Hr kept pictures at some of our stopshad gotten married'Audrey insulation and i used to give SW KING JAMES PIACI IPSO a ItNFG COY,O4*GOk 07221 — / '- ' —1-- -- 1- ;-- - - • -(- -I 1 ,,,-.-...-...-..„->m,„ 46 -..-4 L, 5 •Y-t11' 11VH et 1:ii 16 < - -.. s,,,,k z -Q)(1.' 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Business Meeting Meeting Date: 01/10/2017 Length (in minutes):0 Minutes Agenda Title: Tigard City Council Board&Commission Liaison Assignments Submitted By: Marty Wine,City Management Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Consider and adopt Council liaison assignments to Tigard's Boards and Commissions for 2017. STAFF RECOMMENDATION /ACTION REQUEST Consider and adopt Council liaison assignments to Tigard's Boards and Commissions for 2017. KEY FACTS AND INFORMATION SUMMARY At the City Council's ground rules meeting on November 29,the City Council discussed and determined the Council liaison assignments for Tigard's boards and commissions.An updated matrix outlining the board and committee assignments for 2017 is attached that reflects the assignments made by consensus of the City Council. Two items of note for the City Council: first,a liaison assignment for the Budget Committee-Social Services subcommittee was not made at the meeting and the Council will need to assign a liaison. Second,the liaison assignment for Clackamas River Water Providers has no elected board role and has been deleted. Council ground rules guide the activities of Council liaisons which are made by consensus of the Council.The role of the council liaison is to periodically attend board meetings,listen to the board discussion,set context for the board regarding council decisions,goals and policies,and city priorities,answer questions and carry concerns and information back to the full council. Council liaisons are not to direct the business or the decision making process of the board and do not initiate,propose or advocate for their personal position on a matter before the board. OTHER ALTERNATIVES The Council could consider alternative liaison assignments. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City Council adopted Resolution 17-01 on January 3,2017 to update the Council ground rules. DATES OF PREVIOUS COUNCIL CONSIDERATION Council ground rules meeting November 29,2016 Attachments Liaison Matrix 2016 City Council Appointment Matrix as QYblended Updated 1/4/2017 PrimaCommittee Name Represent five Alternate Rep Meeting Frequency Time Expe anon Staff Liaison Audit Committee Councilor Snider None 2 - 3 times per year 6-8 hours per yr TBD/Toby LaFrance The Audit Committee is responsible for selecting the auditing firm and meets twice (minimum) with CPA firm reps appointed to perform the city's annual financial audit. Members participate in the appointment, compensation,retention and oversight of any independent accountants engaged for the purpose of preparing and issuing an independent audit report or performing other independent audit,review or attest services. Budget Committee All Council None 3-4 consecutive Monday Toby LaFrance evenings in April&May The Budget Committee provides a public forum to obtain public views in the preparation of fiscal policy. Budget Subcommittee-Social Services 1'1iD (needs "'mended. 2 meetings in March 10 hours a year Toby LaFrance assignment) 4id /nate. iikokra Reviews applications submitted by social service agencies for contributions from the city. Consists of 1 Council member and 2 citizen-members of the Budget Committee. Council Study Session in 5 hours/yr (reading Budget Subcommittee-Events All Council None March proposals& Toby LaFrance deliberation) Reviews requests for contributions to community events. City Center Development Agency All Council None First Tuesday of month Approximately 2 Sean Farrelly hours per month Council members serve as the urban renewal agency's board. 2017 Council Appointment Matrix—Page 1 Updated 1/4/2017 Primary Time Committee Name Representative Alternate Rep Meeting Frequency Expectation Staff Liaison Community Development Block Grant Councilor 2nd Thursday of the month Approximately Polig Advisory Board _ Goodhouse Lina SmithThursday 7 p.m. Location rotates 2 hours month Lina Smith By IGA,Washington Co. established the Community Development Policy Advisory Board (PAB) to represent the County Consortium,make recommendations to the County Commissioners on all matters pertaining to the CDBG program. Includes a representative,generally an elected official, from the County and each of the 11 participating cities in the county Intergovernmental Water Board Councilor Councilor 2nd Wednesday/month, Monthly Brian Rager/John Woodard Goodhouse 5:30 p.m.,Water Building Goodrich To make recommendations to the Tigard City Council on water issues and to carry out other responsibilities set forth in the IGA between Tigard, Durham, King City and the Tigard Water District. Each jurisdiction is represented by a member + 1 at-large. Metro Joint Policy Advisory Beaverton Mayor Cornelius Mayor 3rd Thursday/month Mayor Cook& Kenny 2-3 hours Commission on Transportation Doyle Jef Dalin 7:30-9 a.m. @ Metro Asher monitor Tigard Mayor Cook to attend/monitor meetings on regular basis. 17-member committee provides a forum for elected officials and representatives of agencies involved in transportation to evaluate transportation needs in the region and to make recommendations to Metro council. Mayor's Appointment Advisory The Councilor serving as liaison to the committee that is recruiting will be the one that Staff Liaison to the Committee interviews applicants with the Mayor. committee interviewing The Mayor and one councilor. The councilor serving as the current City Council liaison will interview applicants for filling available seats on city boards,committees and commissions. For example,when interviewing applicants for the Planning Commission, the Mayor and the primary Council liaison will interview candidates with a meeting time and date to conduct the interviews coordinated by the staff liaison. Metropolitan Area Communications 6 times a year,usually Wednesday, 1-5 p.m. at Commission Councilor Woodard Louis Sears MACC headquarters in Beaverton Louis Sears MACC is the governing body that oversees the contracts for cable services and TVCTV. The Executive Committee meets separately to make recommendations to the Commission on administrative issues including budget and the review of the Executive Director. Regional Water Providers Consortium Councilor Anderson None Quarterly meeting held at 8 hours/year John Goodrich Metro Consortium is comprised of all water suppliers in the metro area. The Councilor appointee to this group represents the city on regional policy issues. Councilor SW Corridor Plan Steering Committee Mayor Cook Goodhouse Monthly 2-3 hours/mo. Buff Brown Consists of project partner elected and appointed officials who make final recommendations to the Metro Council and other jurisdictions for the SW Corridor Plan 2017 Council Appointment Matrix—Page 2 Updated 1/4/2017 y Committee Name RepPrimar tives Alternate Rep Meeting Frequency Expe Cation Staff Liaison Tigard-Lake Oswego Joint Water Tigard has two seats: Quarterly-location Partnership Oversight Committee Councilor Snider,Mayor Cook rotates between Tigard 2-4 hours/mo. Dennis Koellermeier &Lake Oswego Membership is comprised of staff and elected officials to govern water partnership between the cities. Washington County Coordinating Mayor Cook Councilor Woodard 2nd Monday @noon 2 hours per month Buff Brown Committee Beaverton City Hall WCCC reviews and comments on major land use and transportation issues and provides a forum for discussion which results in recommendations for a coordinated approach between jurisdictions.The Committee has specific authority on the Major Streets Transportation Improvement Program (MSTIP) and the Countywide Traffic Impact Fee (TIF) program. Representatives to JPAC and MPAC from County and cities in the Co. will be on the policy body. Westside Economic Alliance Mayor Cook Councilor 4th Wednesday @ 7:30-9 Plus Monthly KennyAsher Goodhouse a.m. St.V's hospital breakfast forum Create an environment conducive to business growth,working to influence decisions on policies and regulations impacting the economic vitality of the area. Willamette River Water Coalition Councilor Councilor Anderson Quarterly 6 - 8 hours/year John Goodrich Goodhouse The Willamette River Water Coalition (WRWC)was created in 1997 under ORS Chapter 190 and is comprised of four local governments that have united together in order to preserve water rights/access to the Willamette River as a potential municipal and industrial water source for their communities. Member cities: Tigard,Tualatin,Sherwood,and the Tualatin Valley Water District. 2017 Council Appointment Matrix—Page 3 Updated 1/4/2017 Tigard Board & Committee Liaison Assignments ,,,,,:,:'ttoa4�. Primary to Time on City Center Advisory Councilor Commission Councilor Goodhouse Anderson 2nd Wednesday @ 6:30 p.m. 3-5 hrs/mo Sean Farrelly This committee's role is defined in the City Charter and is to assist the Urban Renewal Commission in developing and carrying out an Urban Renewal Plan. Urban Renewal Funding Councilor Goodhouse Selection Subcommittee and Anderson Councilor Snider As needed Sean Farrelly To encourage businesses to make improvements to storefronts or commercial facades in downtown by providing design assistance and/or matching funds and to make recommendations for various public art options that may be purchased with the urban renewal funds for the Main St./Green St. project. *Two council representatives required. Development Advisory Committee Councilor Snider N/A This committee developed from settlement with HBA. Scope and details will be determined. Ad Hoc-Homelessness Task ' First half Force Councilor Anderson Councilor Snider TBD 2017 Kent Wyatt Task force to identify short-term and long-term recommendations to the City Council focused on issues related to homeless population in Tigard. Task Force of 10-15 community leaders representing organizations that serve and sup ort those experiencing homelessness. Library Board I Councilor Snider I None 2nd Wednesday- 7 p.m. 2 hrs/mo Margaret Barnes This board advises Council on library policies,budget, facilities &other community needs to provide quality library service,per TMC 2.36.030. Neighborhood Involvement Councilor Woodard Councilor Snider 3�d Wednesday/quarterly @ 6 hours/year Rudy Owens Committee 7p.m. at PW building Charged with oversight for the Neighborhood Network program, encourages two-way communication between city and residents and encourages residents to be more involved. Park &Recreation Advisory Councilor Anderson Councilor 2nd Monday@ 7 p.m.in the 2-3 hrs/mo Steve Martin Board Woodard Water Bldg To advise the Council on park and recreation policies, facilities,programs and budgets. Planning Commission I Councilor Anderson I Councilor Snider I 1s`&3`d Monday @ 7p.m. I 2-3 hrs/mo I Tom McGuire Assists the City Council to develop,maintain,update and implement the Comprehensive Plan, to formulate the Capital Improvements Program, and to review and take action on development projects and development code provisions delegated to the Commission. Comm:flee cane Alternate `ep eehng requency 5ta Liaison Representative Expecta 2017 Council Appointment Matrix—Page 4 Updated 1/4/2017 Tigard Transportation Councilor Councilor 15`Wednesday,6:30 p.m., 1.5 hr. Buff Brown and Mike Advisory Committee Woodard Goodhouse library 2°a floor Conf Rm meetings McCarthy Advisory to council&staff regarding planning and development of a comprehensive transportation network,including development of plans and corresponding financing programs;development of funding mechanisms and sources to implement transportation projects and ensure adequate maintenance of the existing transportation infrastructure;public involvement and education in transportation matters and ways to improve traffic safety and accessibility in all transportation modes. (Staff) Transportation Strategy 4th Tuesday 3:30 p.m.,Permit Buff Brown and Mike Team Mayor Cook Councilor Woodard Center#4 1.5 hr/mo McCarthy Staff-level planning group to inform and propose approaches to all aspects of Tigard's transportation system,including advancing the city's strategic plan, funding and grants,CIP prioritization,and recommendations regarding regional funding and transportation project priorities. Youth Advisory Council Councilor Mayor Cook 1S`& 3rd Thursday @ 5 p.m. at 3 hours/mo I Kent Wyatt Goodhouse Permit Center#1 Tigard students in grades 6-12 advise City Council on the best ways to build developmental assets for each youth in Tigard.The Youth Advisory Council also facilitates the development and implementation of programs and activities that are important to youth. I:\adm\city council\goals\2016 council liaison appt matrix—for Jan 10 mtg.docx 2017 Council Appointment Matrix—Page 5 Updated 1/4/2017 AGENDA ITEM No. 5 Date: January 10, 2017 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — CONSIDER AMENDMENT TO TIGARD MUNICIPAL CODE 15.06.020 PERMITTING FRANCHISE AGREEMENTS WITH SPECIAL DISTRICT AND COUNTY SERVICE DISTRICTS This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 5 Date: January 10, 2017 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Pro•onent—(Speaking In Favor) Op•onent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name, .\ddress&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. \,ime, .\ddress&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-2928 4. Business Meeting Meeting Date: 01/10/2017 Length (in minutes): 20 Minutes Agenda Title: Consider Approval of Resolution for the FY 2017 Second Quarter Budget Supplemental Prepared For: Joseph Barrett Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Council Resolution Business Public Hearing-Informational Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Tigard City Council adopt a FY 2017 Second Quarter Budget Supplemental?? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the City Council approve the FY 2017 Second Quarter Budget Supplemental. KEY FACTS AND INFORMATION SUMMARY The following is a list of items that require council action for FY 2017 in the Second Quarter Budget Supplemental: Public Works Parks and Recreation-an increase in the FTE of the Administrative Specialist II position from a 0.75 to a 1.00. Cost is $7,500 funded through Parks Utility Fund Contingency. Finance Financial Operations-an increase in credit card and banking fees. Utility Billing is seeing online credit card fees increase as charges for services on the utility bill increases. In addition,the increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT, Transportation SDC and Parks SDC Funds.The total cost spread over 11 funds is $186,000. Library Reader Services -an increase in the FTE of the Bilingual Youth Services Librarian position from a 0.50 to a 0.80 in order to meet the city's growing population of Spanish-speaking and bilingual families and children. The total cost of this FTE change is $28,000 for salaries and benefits,including medical/dental,and will be made through a reduction in materials and professional services appropriation. No additional budget action is required. Police Services-elimination of a 1.0 FTE detective position that is outsourced and fully funded through an agreement with Metro. The position and funding expire at the end of January 2017 and the detective holding the position is retiring at that time as well. This request removes the authorized FTE as well as the associated intergovernmental revenue and appropriated personal services expenses to reflect this change. The reduction is ($54,180) in the General Fund revenues as well as in the Community Services Requirements. Services- contract for a Police staffing study as they are in need of conducting a staffing study that was not included in the development of the FY 17 budget. This is an appropriate use of Criminal Forfeiture funds and staff is recommending a transfer of these funds to cover the study. The city has received the approval from the Federal Department of Justice to use these funds for the study. Funding,estimated at$50,000 will come from higher than anticipated fund balance in the Criminal Forfeiture Fund. Operations-an increase grant revenues to support overtime assiciated with dedicated patrols and specialized missions. The total increase in both grant revenue and offsetting overtime increase is $28,702. OTHER ALTERNATIVES Do not approve the FY 2017 Second Quarter Budget Supplemental. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS #1 Provide Recreation Opportunities for the People of Tigard #5 Expand Opportunities to Engage People in the Community DATES OF PREVIOUS CONSIDERATION This is the first time the City Council has been presented this information. Attachments Resolution Summary-Q2 Exhibit A-Q2 Exhibit B-Q2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION TO ADOPT THE FY 2017 SECOND QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS, POLICY AND ADMINISTRATION, AND COMMUNITY SERVICES. WHEREAS, the city acknowledges those items that were unknown at the time the FY 2017 budget was adopted;and WHEREAS,the city recognizes approximately$192,000 of unanticipated budget in operations;and WHEREAS,the increase in budget is offset by unanticipated fund balance,grants,and contingency. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The FY 2016-17 Budget is hereby amended as detailed in Exhibit A. SECTION: This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard ATtEST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 1 12'2"2!!16 CITY OF TIGARD - BUDGET SUPPLEMENTAL FY 2016-17 Quarter: 2 Total Revenue Item# Department Division Request Title Request Fund Name Amount Source Detailed Description Parks and Parks and Recreation Adminstrative An increase in the 1,1b of the Administrative Specialists II in Parks and PWOl Public Works Recreation Specialst II F lb Increase NEW Parks Utility $ 7,500 Contingency Recreation from a 0.75 F lb to a 1.00 FTE. Credit card and bank fees are continuing to increase significantly across most city services. The Central Services Fund is seeing Utility Billing online credit card fees Finance and Financial increase as charges for services on the utility bill increases. In addition,the FINO1 Credit card and bank fee increase NEW Mulitple $ 185,000 Multiple Information Services Operations increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In order to meet the city's growing population of Spanish-speaking and bilingual families and children the Library is requesting an increase in the Bilingual Youth Services Librarian's F 1 E. In 2013,16%of Tigard-Tualatin School District I 113111 Library Reader Services Bilingual Youth Library F 1 E Increase NI'AX: General $ - N/A students spoke Spanish at home and the number continues to rise. The total cost of this FTE increase is$28,000 for salaries and benefits,including medical/dental, and will be made through a reduction in materials and professional services appropriation. The City currently has one 1.0 F 1 E that is fully funded through an agreement with Metro for an outsourced detective. That position and funding expire at the P1301 Police Services Metro Detective Position Elimination NEW General $ (54,180)Intergovermental end of January 2017 and the detective holding the position is retiring at that time as welL This request removes the authorized 1.1 E as well as the associated intergovernmental revenue and appropriated personal services expenses to reflect this change. The Police Department is in need of conducting a staffing study that was not included in the development of the FY 17 budget. This is an appropriate use of P1302 Police Services Staffing Study NEW Criminal $ 000 Unanticipated Criminal Forfeiture funds and staff is recommending a transfer of these funds to 50Forfeiture Fund Balance cover the study. The city has received the approval from the Federal Department of Justice to use these funds for the study. Funding will come from higher than anticipated fund balance. The City receives Federal grant funds through a variety of agencies(State,local PD03 Police Operations Grant Funding for Overtime NEW General $ 28,702 Grants and non-profit)in order to support the overtime associated with dedicated patrols and specialized missions. This request recognizes the grant funds and the related increase in overtime appropriation. Q2 Summary Q2PW01 A request in the amount of$7,500 for salary is requested to increase the Fib of the Administrative Specialist II in Parks and Recreation from a 0.75 FEE to a 1.00 FTE. This move would be funded with Contingency in the Parks Utility Fund. Revised Q1 Q2 Revised Q2 Budget Amendment Budget Parks Utility Fund Resources Beginning Fund Balance $ 156,757 $ 156,757 Property Taxes $ - $ - Franchise Fees $ - $ - Licenses&Permits $ - $ - Intergovernmental $ - $ - Charges for Services $ 1,000,000 $ 1,000,000 Fines &Forfeitures $ - $ - Interest Earnings $ - $ - Miscellaneous $ - $ - Other Financing Sources $ - $ - Transfers In from Other Funds $ 1,535,000 $ 1,535,000 Total Resources $ 2,691,757 $ - $ 2,691,757 Requirements Community Development $ - $ - Community Services $ - $ - Policy and Administration $ - $ - Public Works $ 2,460,582 $ 7,500 $ 2,468,082 Program Expenditures Total $ 2,460,582 $ 7,500 $ 2,468,082 Debt Service $ - $ - Loans $ - $ - Work-In-Progress $ - $ - Transfers to Other Funds $ - $ - Contingency $ 100,000 $ (7,500) $ 92,500 Total Budget $ 2,560,582 $ - $ 2,560,582 Reserve For Future Expenditure $ 131,175 $ - $ 131,175 Total Requirements $ 2,691,757 $ - $ 2,691,757 FY17 Q2 - Exhibit A Q2FIN01 Credit card and bank fees are continuing to increase significantly across most city services. The increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In addition,the Central Services Fund is seeing Utitlity Billing online credit card fees increase as charges for services on the utility bill increases. The total increase in operating expenditures across all funds is $185,000. Revised Q1 Q2 Revised Q2 Fund 1 of 11 Budget Amendment Budget Central Services Resources Beginning Fund Balance $ 910,819 $ 910,819 Property Taxes $ - $ - Franchise Fees $ - $ - Licenses &Permits $ 35,566 $ 35,566 Intergovernmental $ 70,600 $ 70,600 Charges for Services $ 7,326,403 $ 121,300 $ 7,447,703 Fines &Forfeitures $ - $ - Interest Earnings $ 22,593 $ 22,593 Miscellaneous $ 13,400 $ 13,400 Other Financing Sources $ - $ - Transfers In from Other Funds $ 598,001 $ 44,700 $ 642,701 Total Resources $ 8,977,382 $ 166,000 $ 9,143,382 Requirements Community Development $ - $ - Community Services $ - $ - Policy and Administration $ 8,477,849 $ 166,000 $ 8,643,849 Public Works $ - $ - Program Expenditures Total $ 8,477,849 $ 166,000 $ 8,643,849 Debt Service $ - $ - Loans $ - $ - Work-In-Progress $ - $ - Transfers to Other Funds $ - $ - Contingency $ 250,000 $ 250,000 Total Budget $ 8,727,849 $ 166,000 $ 8,893,849 Reserve For Future Expenditure $ 249,533 $ - $ 249,533 Total Requirements $ 8,977,382 $ 166,000 $ 9,143,382 FY17 Q2 - Exhibit A Q2FIN01 Credit card and bank fees are continuing to increase significantly across most city services. The increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In addition,the Central Services Fund is seeing Utitlity Billing online credit card fees increase as charges for services on the utility bill increases. The total increase in operating expenditures across all funds is $185,000. Revised Q1 Q2 Revised Q2 Fund 2 of 11 Budget Amendment Budget General Fund Resources Beginning Fund Balance $ 11,191,655 $ 11,191,655 Property Taxes $ 14,762,850 $ 14,762,850 Franchise Fees $ 6,112,431 $ 6,112,431 Licenses &Permits $ 3,375,552 $ 3,375,552 Intergovernmental $ 5,809,893 $ 5,809,893 Charges for Services $ 2,568,504 $ 2,568,504 Fines&Forfeitures $ 807,789 $ 807,789 Interest Earnings $ 103,722 $ 103,722 Miscellaneous $ 56,432 $ 56,432 Other Financing Sources - Transfers In from Other Funds $ 54,125 $ 54,125 Total Resources $44,842,953 $ - $44,842,953 Requirements Community Development $ 3,822,643 $ 5,000 $ 3,827,643 Community Services $ 23,246,958 $ 23,246,958 Policy and Administration $ 837,595 $ 837,595 Public Works $ 4,372,438 $ 4,372,438 Program Expenditures Total $32,279,634 $ 5,000 $32,284,634 Debt Service - Loans - Work-In-Progress - Transfers to Other Funds $ 1,965,439 $ 1,965,439 Contingency $ 970,000 $ (5,000) $ 965,000 Total Budget $35,215,073 $ - $35,215,073 Reserve For Future Expenditure $ 9,627,880 $ - $ 9,627,880 Total Requirements $44,842,953 $ - $44,842,953 FY17 Q2 - Exhibit A Q2FIN01 Credit card and bank fees are continuing to increase significantly across most city services. The increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In addition,the Central Services Fund is seeing Utitlity Billing online credit card fees increase as charges for services on the utility bill increases. The total increase in operating expenditures across all funds is $185,000. Revised Q1 Q2 Revised Q2 Fund 3 of 11 Budget Amendment Budget Building Fund Resources Beginning Fund Balance $ 2,219,492 $ 2,219,492 Property Taxes Franchise Fees - Licenses &Permits $ 4,565,141 $ 4,565,141 Intergovernmental $ 8,281 $ 8,281 Charges for Services $ 7,035 $ 7,035 Fines&Forfeitures - Interest Earnings $ 19,782 $ 19,782 Miscellaneous $ 932 $ 932 Other Financing Sources - Transfers In from Other Funds $ 300,000 $ 300,000 Total Resources $ 7,120,663 $ - $ 7,120,663 Requirements Community Development $ 2,414,784 $ 8,000 $ 2,422,784 Community Services - Policy and Administration - Public Works - Program Expenditures Total $ 2,414,784 $ 8,000 $ 2,422,784 Debt Service - Loans - Work-In-Progress - Transfers to Other Funds - Contingency $ 250,000 $ (8,000) $ 242,000 Total Budget $ 2,664,784 $ - $ 2,664,784 Reserve For Future Expenditure $ 4,455,879 $ - $ 4,455,879 Total Requirements $ 7,120,663 $ - $ 7,120,663 FY17 Q2 - Exhibit A Q2FIN01 Credit card and bank fees are continuing to increase significantly across most city services. The increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In addition,the Central Services Fund is seeing Utitlity Billing online credit card fees increase as charges for services on the utility bill increases. The total increase in operating expenditures across all funds is $185,000. Revised Q1 Q2 Revised Q2 Fund 4 of 11 Budget Amendment Budget Parks Utility Fund Resources Beginning Fund Balance $ 156,757 $ 156,757 Property Taxes $ - $ - Franchise Fees $ - $ - Licenses &Permits $ - $ - Intergovernmental $ - $ - Charges for Services $ 1,000,000 $ 1,000,000 Fines&Forfeitures $ - $ - Interest Earnings $ - $ - Miscellaneous $ - $ - Other Financing Sources $ - $ - Transfers In from Other Funds $ 1,535,000 $ 1,535,000 Total Resources $ 2,691,757 $ - $ 2,691,757 Requirements Community Development $ - $ - Community Services $ - $ - Policy and Administration $ - $ - Public Works $ 2,460,582 $ 2,350 $ 2,462,932 Program Expenditures Total $ 2,460,582 $ 2,350 $ 2,462,932 Debt Service $ - $ - Loans $ - $ - Work-In-Progress $ - $ - Transfers to Other Funds $ - $ - Contingency $ 100,000 $ (2,350) $ 97,650 Total Budget $ 2,560,582 $ - $ 2,560,582 Reserve For Future Expenditure $ 131,175 $ - $ 131,175 Total Requirements $ 2,691,757 $ - $ 2,691,757 FY17 Q2 - Exhibit A Q2FINO1 Credit card and bank fees are continuing to increase significantly across most city services. The increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In addition,the Central Services Fund is seeing Utitlity Billing online credit card fees increase as charges for services on the utility bill increases. The total increase in operating expenditures across all funds is $185,000. Revised Q1 Q2 Revised Q2 Fund 5 of 11 Budget Amendment Budget Transportation Development Tax Fund Resources Beginning Fund Balance $ 1,279,290 $ 1,279,290 Property Taxes $ - $ - Franchise Fees $ - $ - Licenses &Permits $ 1,785,000 $ 1,785,000 Intergovernmental $ - $ - Charges for Services $ - $ - Fines &Forfeitures $ - $ - Interest Earnings $ 11,279 $ 11,279 Miscellaneous $ - $ - Other Financing Sources $ - $ - Transfers In from Other Funds $ - $ - Total Resources $ 3,075,569 $ - $ 3,075,569 Requirements Community Development $ - $ - Community Services $ $ - Policy and Administration $ - $ - Public Works $ - $ - $ - Program Expenditures Total $ - $ - $ - Debt Service $ - $ - Loans $ - $ - Work-In-Progress $ - $ - Transfers to Other Funds $ 87,486 $ 17,000 $ 104,486 Contingency $ 250,000 $ (17,000) $ 233,000 Total Budget $ 337,486 $ - $ 337,486 Reserve For Future Expenditure $ 2,738,083 $ - $ 2,738,083 Total Requirements $ 3,075,569 $ - $ 3,075,569 FY17 Q2 - Exhibit A Q2FIN01 Credit card and bank fees are continuing to increase significantly across most city services. The increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In addition,the Central Services Fund is seeing Utitlity Billing online credit card fees increase as charges for services on the utility bill increases. The total increase in operating expenditures across all funds is $185,000. Revised Q1 Q2 Revised Q2 Fund 6 of 11 Budget Amendment Budget Street Maintenance Fee Fund Resources Beginning Fund Balance $ 1,510,308 $ 1,510,308 Property Taxes $ - $ - Franchise Fees $ - $ - Licenses &Permits $ 2,239,103 $ 2,239,103 Intergovernmental $ - $ - Charges for Services $ - $ - Fines &Forfeitures $ - $ - Interest Earnings $ 2,043 $ 2,043 Miscellaneous $ 1,299 $ 1,299 Other Financing Sources $ - $ - Transfers In from Other Funds $ - S - Total Resources $ 3,752,753 $ - $ 3,752,753 Requirements Community Development $ - $ - Community Services $ - $ - Policy and Administration $ - $ - Public Works $ - S - $ - Program Expenditures Total $ - $ - $ - Debt Service $ - $ - Loans $ - $ - Work-In-Progress $ 1,985,000 $ 1,985,000 Transfers to Other Funds $ 313,900 $ 6,700 $ 320,600 Contingency $ 200,000 $ (6,700) $ 193,300 Total Budget $ 2,498,900 $ - $ 2,498,900 Reserve For Future Expenditure $ 1,253,853 $ - $ 1,253,853 Total Requirements $ 3,752,753 $ - $ 3,752,753 FY17 Q2 - Exhibit A Q2FIN01 Credit card and bank fees are continuing to increase significantly across most city services. The increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In addition,the Central Services Fund is seeing Utitlity Billing online credit card fees increase as charges for services on the utility bill increases. The total increase in operating expenditures across all funds is $185,000. Revised Q1 Q2 Revised Q2 Fund 7 of 11 Budget Amendment Budget Transportation SDC Fund Resources Beginning Fund Balance $ 54,000 $ 54,000 Property Taxes $ - $ - Franchise Fees $ - $ - Licenses&Permits $ 1,614,750 $ 1,614,750 Intergovernmental $ - $ - Charges for Services $ - $ - Fines &Forfeitures $ - $ - Interest Earnings $ - $ - Miscellaneous $ - $ - Other Financing Sources $ - $ - Transfers In from Other Funds $ - $ - Total Resources $ 1,668,750 $ - $ 1,668,750 Requirements Community Development $ - $ - Community Services $ - $ - Policy and Administration $ - $ - Public Works $ - $ - $ - Program Expenditures Total $ - $ - $ - Debt Service $ - $ - Loans $ - $ - Work-In-Progress $ - $ - Transfers to Other Funds $ 221,015 $ 6,000 $ 227,015 Contingency $ 50,000 $ (6,000) $ 44,000 Total Budget $ 271,015 $ - $ 271,015 Reserve For Future Expenditure $ 1,397,735 $ - $ 1,397,735 Total Requirements $ 1,668,750 $ - $ 1,668,750 FY17 Q2 - Exhibit A Q2FINO1 Credit card and bank fees are continuing to increase significantly across most city services. The increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In addition,the Central Services Fund is seeing Utitlity Billing online credit card fees increase as charges for services on the utility bill increases. The total increase in operating expenditures across all funds is $185,000. Revised Q1 Q2 Revised Q2 Fund 8 of 11 Budget Amendment Budget Parks SDC Fund Resources Beginning Fund Balance $ 1,715,574 $ 1,715,574 Property Taxes $ - $ - Franchise Fees $ - $ - Licenses &Permits $ 1,218,969 $ 1,218,969 Intergovernmental $ - $ - Charges for Services $ - $ - Fines&Forfeitures $ - $ - Interest Earnings $ 19,782 $ 19,782 Miscellaneous $ - $ - Other Financing Sources $ - $ - Transfers In from Other Funds $ - $ - Total Resources $ 2,954,325 $ - $ 2,954,325 Requirements Community Development $ - $ - Community Services $ $ - Policy and Administration $ - $ - Public Works $ - $ - Program Expenditures Total $ - $ - $ - Debt Service $ - $ - Loans $ - $ - Work-In-Progress $ - $ - Transfers to Other Funds $ 1,506,045 $ 15,000 $ 1,521,045 Contingency $ 47,681 $ (15,000) $ 32,681 Total Budget $ 1,553,726 $ - $ 1,553,726 Reserve For Future Expenditure $ 1,400,599 $ - $ 1,400,599 Total Requirements $ 2,954,325 $ - $ 2,954,325 FY17 Q2 - Exhibit A Q2FIN01 Credit card and bank fees are continuing to increase significantly across most city services. The increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In addition,the Central Services Fund is seeing Utitlity Billing online credit card fees increase as charges for services on the utility bill increases. The total increase in operating expenditures across all funds is $185,000. Revised Q1 Q2 Revised Q2 Fund 9 of 11 Budget Amendment Budget Sanitary Sewer Fund Resources Beginning Fund Balance $ 3,609,850 $ 3,609,850 Property Taxes - Franchise Fees - Licenses &Permits $ 42,200 $ 42,200 Intergovernmental $ 383,000 $ 383,000 Charges for Services $ 1,664,796 $ 1,664,796 Fines&Forfeitures - Interest Earnings $ 100,333 $ 100,333 Miscellaneous $ 143,091 $ 143,091 Other Financing Sources - Transfers In from Other Funds - Total Resources $ 5,943,270 $ - $ 5,943,270 Requirements Community Development - Community Services - Policy and Administration - Public Works $ 2,181,253 $ 61,100 $ 2,242,353 Program Expenditures Total $ 2,181,253 $ 61,100 $ 2,242,353 Debt Service - Loans - Work-In-Progress $ 1,160,111 $ 1,160,111 Transfers to Other Funds $ 164,726 $ 164,726 Contingency $ 400,000 $ (61,100) $ 338,900 Total Budget $ 3,906,090 $ - $ 3,906,090 Reserve For Future Expenditure $ 2,037,180 $ - $ 2,037,180 Total Requirements $ 5,943,270 $ - $ 5,943,270 FY17 Q2 - Exhibit A Q2FIN01 Credit card and bank fees are continuing to increase significantly across most city services. The increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In addition,the Central Services Fund is seeing Utitlity Billing online credit card fees increase as charges for services on the utility bill increases. The total increase in operating expenditures across all funds is $185,000. Revised Q1 Q2 Revised Q2 Fund 10 of 11 Budget Amendment Budget Stormwater Fund Resources Beginning Fund Balance $ 4,488,732 $ 4,488,732 Property Taxes - Franchise Fees - Licenses&Permits - Intergovernmental - Charges for Services $ 2,676,445 $ 2,676,445 Fines &Forfeitures - Interest Earnings $ 7,936 $ 7,936 Miscellaneous $ 3,100 $ 3,100 Other Financing Sources - Transfers In from Other Funds $ 93,500 $ 93,500 Total Resources $ 7,269,713 $ - $ 7,269,713 Requirements Community Development - Community Services - Policy and Administration - Public Works $ 1,999,819 $ 7,550 $ 2,007,369 Program Expenditures Total $ 1,999,819 $ 7,550 $ 2,007,369 Debt Service - Loans - Work-In-Progress $ 1,479,611 $ 1,479,611 Transfers to Other Funds $ 229,566 $ 229,566 Contingency $ 200,000 $ (7,550) $ 192,450 Total Budget $ 3,908,996 $ - $ 3,908,996 Reserve For Future Expenditure $ 3,360,717 $ - $ 3,360,717 Total Requirements $ 7,269,713 $ - $ 7,269,713 FY17 Q2 - Exhibit A Q2FINO1 Credit card and bank fees are continuing to increase significantly across most city services. The increase in permit activity due to River Terrace has increased the number of credit card transactions in the General,Building,TDT,Transportation SDC and Parks SDC Funds. In addition,the Central Services Fund is seeing Utitlity Billing online credit card fees increase as charges for services on the utility bill increases. The total increase in operating expenditures across all funds is $185,000. Revised Q1 Q2 Revised Q2 Fund 11 of 11 Budget Amendment Budget Water Fund Resources Beginning Fund Balance $ 6,832,798 $ 6,832,798 Property Taxes $ - $ - Franchise Fees $ - $ - Licenses &Permits $ 74,808 $ 74,808 Intergovernmental $ - $ - Charges for Services $ 19,667,528 $ 19,667,528 Fines &Forfeitures $ - $ - Interest Earnings $ 30,644 $ 30,644 Miscellaneous $ 10,933 $ 10,933 Other Financing Sources $ - $ - Transfers In from Other Funds $ 58,751 $ 58,751 Total Resources $26,675,462 $ - $26,675,462 Requirements Community Development $ - $ - Community Services $ - $ - Policy and Administration $ - $ - Public Works $ 7,249,963 $ 56,300 $ 7,306,263 Program Expenditures Total $ 7,249,963 $ 56,300 $ 7,306,263 Debt Service $ - $ - Loans $ - $ - Work-In-Progress $ - $ - Transfers to Other Funds $ 11,406,027 $ 11,406,027 Contingency $ 100,280 $ (56,300) $ 43,980 Total Budget $18,756,270 $ - $18,756,270 Reserve For Future Expenditure $ 7,919,192 $ - $ 7,919,192 Total Requirements $26,675,462 $ - $26,675,462 FY17 Q2 - Exhibit A Q2LIB01 The Library needs to increase the Bilingual Youth Services Librarian position from a current 0.50 FIb to a 0.80 FTE in order to meet the city's growing population of Spanish-speaking and bilingual families and children. In 2013, 16%of Tigard-Tualatin School District students spoke Spanish at home and the number continues to rise. The total cost of this FTE increase is $28,000 for salaries and benefits,including medical/dental,and will be made though a reduction in materials and professional services appropriation. FY17 Q2 - Exhibit A Q2PD01 The City of Tigard currently has one 1.0 F'1E that is fully funded through an agreement with Metro for an outsourced detective. That position and funding expire at the end of January 2017 and the detective holding the position is retiring at that time as well. This request removes the authorized NTE as well as the associated intergovernmental revenue and appropriated personal services expenses to reflect this change. Revised Q1 Q2 Revised Q2 Budget Amendment Budget General Fund Resources Beginning Fund Balance $ 11,191,655 $ 11,191,655 Property Taxes $ 14,762,850 $ 14,762,850 Franchise Fees $ 6,112,431 $ 6,112,431 Licenses&Permits $ 3,375,552 $ 3,375,552 Intergovernmental $ 5,809,893 $ (54,180) $ 5,755,713 Charges for Services $ 2,568,504 $ 2,568,504 Fines &Forfeitures $ 807,789 $ 807,789 Interest Earnings $ 103,722 $ 103,722 Miscellaneous $ 56,432 $ 56,432 Other Financing Sources - Transfers In from Other Funds $ 54,125 $ 54,125 Total Resources $44,842,953 $ (54,180) $44,788,773 Requirements Community Development $ 3,822,643 $ 3,822,643 Community Services $ 23,246,958 $ (54,180) $ 23,192,778 Policy and Administration $ 837,595 $ 837,595 Public Works $ 4,372,438 $ 4,372,438 Program Expenditures Total $32,279,634 $ (54,180) $32,225,454 Debt Service - Loans - Work-In-Progress - Transfers to Other Funds $ 1,965,439 $ 1,965,439 Contingency $ 970,000 $ 970,000 Total Budget $35,215,073 $ (54,180) $35,160,893 Reserve For Future Expenditure $ 9,627,880 $ - $ 9,627,880 Total Requirements $44,842,953 $ (54,180) $44,788,773 FY17 Q2 - Exhibit A Q2PD02 The Police Department is in need of conducting a staffing study that was not included in the development of the FY 17 budget. This is an appropirate use of Criminal Forfeiture funds and staff is recommending a transfer of these funds to cover the study. The city has received the approval from the Federal Department of Justice to use these funds for the study. Funding will come from higher than anticipated fund balance. Revised Q1 Q2 Revised Q2 Budget Amendment Budget Criminal Foreiture Fund Resources Beginning Fund Balance $ 194,107 $ 50,000 $ 244,107 Property Taxes $ - $ - Franchise Fees $ - $ - Licenses&Permits $ - $ - Intergovernmental $ - $ - Charges for Services $ - $ - Fines&Forfeitures $ 43,000 $ 43,000 Interest Earnings $ 1,892 $ 1,892 Miscellaneous $ - $ - Other Financing Sources $ - $ - Transfers In from Other Funds $ - Total Resources $ 238,999 $ 50,000 $ 288,999 Requirements Community Development $ - $ - Community Services $ 150,000 $ 50,000 $ 200,000 Policy and Administration $ - $ - Public Works $ - $ - Program Expenditures Total $ 150,000 $ 50,000 $ 200,000 Debt Service $ - $ - Loans $ - $ - Work-In-Progress $ - $ - Transfers to Other Funds $ 2,744 $ 2,744 Contingency $ - $ - Total Budget $ 152,744 $ 50,000 $ 202,744 Reserve For Future Expenditure $ 86,255 $ - $ 86,255 Total Requirements $ 238,999 $ 50,000 $ 288,999 FY17 Q2 - Exhibit A Q2PD03 The City receives Federal grant funds through a variety of agencies (State,local and non-profit) in order to support the overtime associated with dedicated patrols and specialized missions. This request recognizes the grant funds and the related increase in overtime appropriation. Revised Q1 Q2 Revised Q2 Budget Amendment Budget General Fund Resources Beginning Fund Balance $ 11,191,655 $ 11,191,655 Property Taxes $ 14,762,850 $ 14,762,850 Franchise Fees $ 6,112,431 $ 6,112,431 Licenses &Permits $ 3,375,552 $ 3,375,552 Intergovernmental $ 5,809,893 $ 28,702 $ 5,838,595 Charges for Services $ 2,568,504 $ 2,568,504 Fines&Forfeitures $ 807,789 $ 807,789 Interest Earnings $ 103,722 $ 103,722 Miscellaneous $ 56,432 $ 56,432 Other Financing Sources - Transfers In from Other Funds $ 54,125 $ 54,125 Total Resources $44,842,953 $ 28,702 $44,871,655 Requirements Community Development $ 3,822,643 $ 3,822,643 Community Services $ 23,246,958 $ 28,702 $ 23,275,660 Policy and Administration $ 837,595 $ 837,595 Public Works $ 4,372,438 $ 4,372,438 Program Expenditures Total $32,279,634 $ 28,702 $32,308,336 Debt Service - Loans Work-In-Progress - Transfers to Other Funds $ 1,965,439 $ 1,965,439 Contingency $ 970,000 $ 970,000 Total Budget $35,215,073 $ 28,702 $35,243,775 Reserve For Future Expenditure $ 9,627,880 $ - $ 9,627,880 Total Requirements $44,842,953 $ 28,702 $44,871,655 FY17 Q2 - Exhibit A Revised Q1 Q2 Revised Q2 Budget Amendment Budget All Funds Resources Beginning Fund Balance $ 60,433,265 $ 50,000 $ 60,483,265 Property Taxes $ 17,324,855 $ - $ 17,324,855 Franchise Fees $ 6,112,431 $ - $ 6,112,431 Special Assessments $ 120,000 $ - $ 120,000 Licenses&Permits $ 17,795,140 $ - $ 17,795,14.0 Intergovernmental $ 14,992,987 $ (25,478) $ 14,967,509 Charges for Services $ 36,838,499 $ 121,300 $ 36,959,799 Fines &Forfeitures $ 850,789 $ - $ 850,789 Interest Earnings $ 479,640 $ - $ 479,640 Miscellaneous $ 2,010,874 $ - $ 2,010,874 Other Financing Sources $ - $ - $ - Transfers In from Other Funds $ 22,595,683 $ 44,700 $ 22,640,383 Total Resources $ 179,554,163 $ 190,522 $179,744,685 Requirements Community Development $ 6,237,427 $ 13,000 $ 6,250,427 Community Services $ 23,396,958 $ 24,522 $ 23,421,480 Policy and Administration $ 11,407,357 $ 166,000 $ 11,573,357 Public Works $ 20,561,425 $ 134,800 $ 20,696,225 Program Expenditures Total $ 61,603,167 $ 338,322 $ 61,941,489 Debt Service $ 11,582,044 $ - $ 11,582,044 Loans $ - $ - $ - Work-In-Progress $ 26,884,243 $ - $ 26,884,243 Transfers to Other Funds $ 22,595,683 $ 44,700 $ 22,640,383 Contingency $ 3,692,931 $ (192,500) $ 3,500,431 Total Budget $126,358,068 $ 190,522 $126,548,590 Reserve For Future Expenditure $ 53,196,095 $ - $ 53,196,095 Total Requirements $ 179,554,163 $ 190,522 $179,744,685 FY17 Q2 - Exhibit B AIS-2935 5. Business Meeting Meeting Date: 01/10/2017 Length (in minutes): 15 Minutes Agenda Title: Public Hearing to Amend TMC 15.06.020 Permitting the Franchise Agreements with Special Districts and County Service Districts Submitted By: Toby LaFrance,Finance and Information Services Item Type: Ordinance Meeting Type: Council Business Meeting Public Hearing-Legislative -Main Public Hearing: Yes Publication Date: Information ISSUE Shall Tigard Amend TMC 15.06 to update the purpose of the ordinance and the definition of"Person" and clarify utility relocation requirements? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the approval of the ordinance. KEY FACTS AND INFORMATION SUMMARY Chapter 15.06 of the Tigard Municipal Code (TMC) covers Tigard's Franchised Utility Ordinance. Due to recent court decisions,Council should consider changes that will clarify the ordinance and bring the ordinance up to date. Three changes are recommended by the city's Franchise Attorney,Nancy Werner of Beery Elsner &Hammond,LLP. These changes are: 1.Update the"Purpose" of the ordinance in TMC 15.06.030. The Oregon Supreme Court's decisions in Rogue Valley Sewer Services v. Phoenix and NW Natural v. Gresham indicate that city charges imposed on other municipal entities,including districts like TVWD and CWS,are lawful so long as they are a"fee," but may not be lawful if they are a "tax." The changes will clarify that Tigard's ordinance allows a "fee." The proposed changes combine two sections of the current ordinance to try to reduce the likelihood that anyone could argue the fees are "taxes"based on the stated intent of the Chapter. At the same time,the changes make sure it is broad enough to reflect the reality that these fees go to the general fund. 2.Update the definition of"Person" and "Telecommunications" in TMC 15.06.020. The definition of "Person" is changed to remove the exclusion of special districts or county service districts and specifically add "government entities." This change will allow Tigard to charge Tualatin Valley Water District(TVWD) and Clean Water Services (CWS) a Right of Way Franchise Fee under this ordinance. TVWD is currently paying the fee in their Beaverton and Hillsboro service areas. TVWD provides water to Tigard in the areas north of Highway 217. Staff from TVWD and City of Tigard are working to implement the fee with TVWD starting in April 2017. In addition,Washington County cities,including Tigard,is in the process of implementing the fee with CWS. In order for Tigard to implement the fee,we will need to change the ordinance to remove the exclusion. In addition,with the clarification of the definition of"Person" to include governments,the definition of "Telecommunications" can be simplified by removing the reference to "government entity" since that is now part of the definition of a"person." 3.Update TMC 15.06.260 "Relocation or Removal of Facilities." In general,court decisions in the last few years,including decisions by the United States Supreme Court and the Oregon courts,have changed the potential remedies of utilities and developers when it comes to certain relocation costs. The proposed change is intended to ensure that the City does not incur those costs,which could happen should a developer sue the City based on relocation costs that are conditions of a land use approval. The change removes the language that arguably assumes every relocation related to private development should be done at the developer's cost,and gives the utility a lot of power to hold up projects by demanding developers pay relocation costs upfront. Developers will still pay relocation costs in the vast majority of cases,but this change gives the City more flexibility in cases where the developer is constructing public improvements that may not primarily benefit their development. This will reduce the risk of lawsuits from the developer against the City in those (rare) cases in which the project requiring relocation is constructed by a developer but really is more of a public benefit than a private one. Given the recent lawsuit by Frontier on this issue,you should expect them or other utilities to show up at the land use hearing on this subject. OTHER ALTERNATIVES Council could decide to approve some,or none,of the three proposed changes. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION While Council has not specifically discussed these changes,the change that permits charging the franchise fee to Clean Water Services was discussed during the meetings on the Sewer Surcharge. Council discussed the Sewer Surcharge as the Council and Budget Committee three times between April 2014 and November 2014 and approved the increase to the Sewer Base Fee on April 19,2016 with adoption of the fee on June 14,2016. Attachments Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 17- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 15.06 "FRANCHISED UTILITY ORDINANCE"TO UPDATE THE DEFINITION OF "PERSON"AND CLARIFY UTILITY RELOCATION REQUIREMENTS. WHEREAS, Tigard Municipal Code ("TMC") Chapter 15.06 governs use of the rights-of-way by utility operators;and WHEREAS, TMC Section 15.06.020 currently defines "person" to exclude certain special districts that the Council finds should be subject to the provisions of Chapter to ensure more effective management of the City's rights-of-way;and WHEREAS, TMC Section 15.06.260, consistent with long-standing Oregon law, requires utilities to pay the costs of relocating their utility facilities in the rights-of-way when relocation is in the public interest;and WHEREAS,clarification of TMC Section 15.06.260 is necessary to ensure that the City does not pay relocation costs on behalf of non-City utilities;and WHEREAS, the purpose of TMC Chapter 15.06 as stated in TMC Section 15.06.030, must be updated to reflect these changes and clarify the intent of the Chapter. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Sections of TMC Chapter 15.06 are amended as set forth as Exhibit A to this ordinance and are approved and adopted by the City Council. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of ,2017. Carol A.Krager,City Recorder APPROVED: By Tigard City Council this day of ,2017. John L.Cook,Mayor Approved as to form: Special Counsel Date ORDINANCE No. 17- Page 1 EXHIBIT Smite-through text is deleted from the Code and underlined text is added to the Code. Tigard Municipal Code Chapter 15.06 FRANCHISED UTILITY ORDINANCE 15.06.030 Purpose The purpose and intent of this chapter is to: A. Permit and manage reasonable access to the rights-of-way of the city for utility purposes on a competitively neutral basis and conserve the limited physical capacity of those rights-of-way held in trust by the city. Secure fair, just and reasonable compensation tefor the city and its residents }mate as a result of utility use, occupation and related activities ine€ the rights-of-way, which impose substantial impacts, burdens and costs on the city and its residents. and necessitate administration, maintenance and operation of the rights-of-way by the city for the benefit of the utilities and the city's residents. C13. Comply with the provisions of the Communications Act of 1934 as they apply to local governments. Section 15.06.020 Definitions (definition of"Person") "Person" means every natural person, firm, co-partnership, association, corporation, entity or other form of organization, including government entities : , - : - ,-..- i - :, _-- - - -- •. seryiee-distrietc. Section 15.06.020 Definitions (definition of"Telecommunications") "Telecommunications" means any service provided for the purpose of the transmission of audio, video, digital or other forms of electric or electronic signals or information without regard to the transmission protocol employed. Telecommunications includes all forms of telephone services and voice, video, data or information transport, but does not include: (1) cable service as defined in 47 U.S.C. Section 522(6); (2) open video system service, as defined in 47 C.F.R. 76; (3) telecommunications provided through a system that is owned or operated exclusively by a person-or for their private use and not, directly or indirectly, for sale, resale, lease, trade, barter or other exchange of value; (4) over-the-air radio or television broadcasting to the public-at- large from facilities licensed by the Federal Communications Commission or any successor thereto; and (5) direct-to-home satellite service within the meaning of Section 602 of the Telecommunications Act. Section 15.06.260 Relocation or Removal of Facilities ORDINANCE No. 17- Page 2 The utility operator shall temporarily or permanently remove, relocate, change or alter the position of any utility facility within a right-of-way when requested to do so in writing by the city. The removal, relocation, change or alteration shall be at the utility operator's expense when the removal, relocation, change or alteration is needed because of construction, repair, maintenance, or installation of public improvements or other operations of the city within the right-of-way or is otherwise in the public interest. In the event that . .. - - . :.. .:• : . Nothing in this section shall be deemed to preclude the utility operator from requesting reimbursement or compensation from a third party pursuant to applicable laws, regulations or agreements. provided that the utility operator shall timely comply with the requirements of this section regardless of whether or not it has requested or received such reimbursement or compensation. The city shall specify in the written notice the amount of time for removal, relocation, change or alteration. In the event of emergency, the utility operator shall take action as needed to resolve the emergency, and the city may use any form of communication to direct the utility operator to take actions in an emergency to protect the public safety,health and welfare. ORDINANCE No. 17- Page 3 AGENDA ITEM No. 4 Date: January 10, 2017 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Informational Public Hearing — CONSIDER APPROVAL OF RESOLUTION FOR THE FY 2017 SECOND QUARTER BUDGET SUPPLEMENTAL This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 4 Date: January 10, 2017 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. 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. Namc, & Phone No. Name,Address&Phone No. Name,Address& Phone No. AIS-2942 6. Business Meeting Meeting Date: 01/10/2017 Length (in minutes):10 Minutes Agenda Title: Finalize the 2017 Federal and State Legislative Agenda Prepared For: Kent Wyatt,City Management Submitted By: Kent Wyatt,City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Identifying the city's federal and state legislative agendas for 2017. STAFF RECOMMENDATION / ACTION REQUEST Discuss the draft agendas and approve with any last minute changes. KEY FACTS AND INFORMATION SUMMARY The city council develops a federal and state legislative agenda each year. (A copy of the 2016 federal and state legislative agenda is included with this agenda item.) The council and staff use the legislative agendas to communicate with elected officials and agencies during trips to Salem and Washington,DC. In June 2016,the council discussed 29 legislative objectives proposed by the League of Oregon Cities for the 2017 state legislative session. Property tax, transportation,PERS reform,affordable housing,and mental health were areas of importance identified by the council.These five areas of interest,along with other issues identified by staff,regional partners,and professional associations,are included in the list of potential legislative objectives for the city's 2017 state legislative agenda. In December,the city council received recommendations from the city's federal lobbyist about 2017 federal legislative priorities. Staff also presented revisions to the state legislative agenda. The city council will consider any last minute changes before finalizing the state and federal legislative agendas. OTHER ALTERNATIVES Update the legislative agendas to reflect any recent activity. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/ 1 DATES OF PREVIOUS COUNCIL CONSIDERATION December 6,2016: Received a report from the city's federal lobbyist and discussed the 2017 legislative agendas. June 28,2016: Reviewed the League of Oregon Cities' (LOC) proposed state legislative priorities and submitted their top four priorities being considered by the LOC. Attachments 2017 Legislative Priorities 2016 Federal Legislative Agenda 2016StateLegislative Agenda 2017 State Legislative Priorities lig 3 'I TIGARD 2017 League of Oregon Cities(LOC)—State Legislative Agenda The LOC adopted four legislative priorities for the 2017 session. 1. Property Tax Finance Reform -comprehensive property tax reform consistent with LOC Board- approved principles 2. Restoring Recreational Immunity-restoration full recreational immunity to cities 3. Transportation Funding- passage of a comprehensive, multi-modal transportation infrastructure funding and policy package 4. PERS Reform - legislative options that create savings opportunities as well as potential new revenue sources Other State Legislative Issues to Consider Affordable Housing General Support:Support opportunities to meet the affordable housing needs of the community and to improve the quality of life for its low-income residents. Included on 2016 state legislative agenda Just Cause Eviction Standard:Allow landlords to evict a tenant for certain reasons set out in law,such as nonpayment of rent or other violations of the lease. Rent Stabilization:Allow local governments to pass rent stabilization ordinances. Economic Development and Land Use Land Use Final Order:Support legislation to grant the Metro Council authority to consolidate multi- jurisdictional land use actions involving the SW Corridor into a single decision and expedited land use appeal process. Brownfields:Support additional tools to facilitate remediation of brownfields. Urban renewal:Support preserving urban renewal as a tool for communities. Employment Change to Definition of Supervisory Employee:Change the definition of supervisory employee to require an employee to have authority to issue economic discipline as a requirement. Finance Qualifications-Based Selection: Allow for price comparison when procuring the services of architects and engineers. Right of Way: Oppose preemption of the ability of cities to manage and receive compensation for the use of public ROW. Included on 2016 state legislative agenda. Public Safety Minor in Possession of Alcohol or Marijuana: Adds possession to the marijuana statute and gives courts discretion with regard to suspension of driving privileges for unlawful possession. Other Mental Health: Support increased resources for persons with mental health issues, especially in crisis situations. '� q ,F'{�, ,,,,+ ` = O Cityof Tigard,Oregon ►.: . 2016 ' ` =JFederal Legislative Agenda 2e 1 a N .......1.......1ti: ' 1- `s.I 'Portland !_ 1111 11 II ' ,; 4 - .1111 „. = ,A, Beaverton - Neb Iii ' - ., — TIGARD, OREGON. Bordering the city . R of Portland,Tigard is Oregon's 12th largest city with Tigard a population of 50,044.The city is largely residential g -__ v II a ,,`+ ` Al mule and offers a mix of industrial,commercial and °j�46 Lake retail space which results in a daytime population .Z Oswego r around 100,000.Because of the demand placed on '9 r: 0 its transportation,water and public safety resources, — Tigard faces big-city infrastructure issues. Tualatin __,... „y, - ., Tigard is ideally located to meet regional • 'r�r” 1-205 i " employment demand.The region's workforce lives -.ti'. - - .r-At I ir . here.What's lacking,however,is infrastructure that % IF'C a supports business expansion here. n 7-- For more information... Late in 2014,the City Council adopted a strategic - irl . ., More information about these projects and Tigard's ` 1` plan to become"the most walkable community in the p l g !lilt- plan to where peoleo all ages and abilities vision for the future can be found on our website at �' , �. .. p f g www.tigard-ocgov.Please don't hesitate to contact us — , • enjoy healthy and interconnected lives."This 20-year for additional information. ` strategic vision,along with four strategic goals,will provide guidance and direction for the city's priorities Mayor John L Cook,503-718-2476, over the long term by leveraging and building on our mayorcook@tigard-or.gov strengths to grow Tigard as a thriving community. City Manager Marty Wine,503-718-2486, i►. Tigard continues to work with its regional marty@tigard-or.gov 'erg! ® ua,s BREW PUB Senior Management Analyst Kent Wyatt, L: partners toward creative solutions that address .44 503-718-2809,kentw@tigard-or.gov - , infrastructure and service delivery challenges.We are _ committed to responsible stewardship of public funds -- .7 4 4 and to making sound fiscal decisions that will guide IN I City of Tigard — _ q 13125 SW Hall Blvd.,Tigard,OR 97223 us to a sustainable future. ' '' I(I www.tigard-orgov r POLICY ITEMS 11011.1.11. Hunziker Industrial Core • Police Equipment Funding The City of Tigard is investing in public infrastructure that The City strongly supports funding for additional police encourages private sector investment and job creation. * equipment.There are very few funding options at the Tigard's Hunziker Industrial Core includes 138 acres offederal level to help police departments purchase industrial zoned property,home to more than 90 firms • equipment despite the fact that federal mandates located three-quarters of a mile from Highway 217 and i continue to require costly upgrades. Interstate 5. P < - FY 2017 Program Levels In this employment area,96 acres are underutilized and 411 _4r 7 _� 42 acres are undeveloped and limited in their economic ym _ Maintain adequate funding levels for the Economic potential due to a lack of site access and sufficient public ' - Development Administration(EDA),EPA Brownfields infrastructure.The City of Tigard is exploring public Assessment and Cleanup,Community Development Block infrastructure projects and funding sources to add or Downtown Tigard Brownfield Cleanup Grants(CDBG),the HOME Program,TIGER,Byrne Justice improve roads,water,wastewater and stormwater Tigard is seeking funds to clean up three downtown Assistance Programs,and Assistance to Firefighters funding. services in this area. properties for productive reuse.For several years,the City of Tigard and community members have envisioned Protect Municipal Bonds The first proposed public infrastructure project includes a more vibrant and prosperous downtown and have The City strongly supports protecting tax exempt $5.5 million of roadway,water,sewer and stormwater developed detailed improvement plans.Progress has municipal bonds from being eliminated or limited.Since that will support an estimated$32 million in private been made on implementing these plans with several 1913,interest earned from municipal bonds issued by sector investment. In 2015,the city received$1.5 million projects completed. state and local governments have been exempt from for a capital project in public infrastructure.Development federal taxation.These bonds are the primary financing of employment lands like this typically supports 150 to A major challenge to redevelopment,however, has been mechanism for state and local infrastructure projects, 300 jobs depending upon private sector investment. the need to assess and clean up some downtown with three-quarters of the infrastructure projects in the properties for potential environmental issues. REQUEST AMOUNT:$3,000,000 U.S.built by and d ll governments,and with over Approximately sixty properties in this area have been $3.7 trillion in outstanding tax-exempt bonds,issued by identified as contaminated,or potentially contaminated, 30,000 separate government units.Local governments from previous uses;these are known as potential save an average of 25-30%on interest costs with _ brownfield properties.Tigard supports the cleanup and tax-exempt municipal bonds as compared to taxable i - ' I revitalization of these properties,and has utilized EPA bonds.If the federal income tax exemption is eliminated , pp!�;� 6 Brownfield Assessment funds to prepare properties for or limited,states and localities will pay more to finance - _ cleanup and ultimate reuse. projects,leading to less infrastructure investment,fewer REQUEST AMOUNT:$400,000 jobs,and greater burdens on citizens who will have to pay a higher taxes and fees. Tigard Street Heritage Trail - Support for Homeless Assistance Grants Formerly a rail line,this three-quarter-mile trail connects ? �.*e. The city is collaborating with Just Compassion to address downtown Tigard to Tiedeman Avenue.The city recently ARO .' the lack of homelessness resources in Tigard.Just paved a temporary trail for biking,walking and rolling. Compassion,a registered nonprofit in Oregon,is committed `'. A concept for the permanent Tigard Street Heritage Trail " ' to establishing a day shelter for homeless adults in Tigard. is in the works.The project will place lighting,art,plazas `'` The day shelter will provide resource information for mental ft.-''• '.. _ and other amenities along the trail. and physical health,as well as assistance in overcoming .40' barriers to employment,job and housing stability. REQUEST AMOUNT:$1,000,000 Oregon's 2016 Regular Legislative Session: February 2— March 5 l rri x• a. :I � - a� � ,I ,.. ... . '41r-''i , ,:".::8 ,� `xr r ' 'I ..' Sen.Ginny Burdick Rep.Margaret Doherty - - '-F._* _ - SENATE DISTRICT 18 HOUSE DISTRICT 35 900 Court St.NE,S-213 900 Court St.NE,H-282 `She flies with her own wings."-Judge Jessie Quinn Thornton Salem,OR 97301 Salem,OR 97301 sen.ginnyburdick@ rep.margaretdoherty@ state.or.us state.or.us Oregon uses a system of single-member districts to elect its legislators.Each of the 90 members represent a designated 2016 senatorial or representative district,meaning each Legislative Agerid.a realendangle representative.Representative districts have a population of about 63,850;Senate districts contain about 127,700 people.These district lines are redrawn every ten years. Tigard, Oregon Tigard City Council Ni Mayor Council President John Cook Jason Snider 3.„,,, ,, 4.. Councilor Councilor Councilor Marland Henderson Marc Woodard John Goodhouse councilmail@tigard-or.gov IN li City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 TICIARD www.tigard-or.gov Affordable Housing Transportation • Support opportunities to meet the • Support passage of a comprehensive affordable housing needs of the transportation funding and policy package community and to improve the quality to address multi-modal needs with a of life for its low-income residents. priority of maintaining and preserving existing infrastructure. Economic Development and Land Use • Support legislative priorities that address traffic congestion, economic development • Support funding and policies to facilitate and jobs. for Brownfield mediation and clean-up. ■ Request funding for improvements to • Advocate for legislative funding of the SW Hall Boulevard — Burnham Street to Oregon Transportation Forum on Climate Durham Road.This project will add turn Smart Communities lanes at key intersections, illuminate, add transit stop amenities and fill in the Finance sidewalk gap along Hall Boulevard from downtown Tigard to Durham Road. • Property Tax Reform: Sidewalks along Hall Boulevard are one of ► Support referral to voters that would the top priorities identified by citizens to allow local control of temporary make the city more walkable. property tax outside of statewide caps; Request Amount:$7,100,000 ► Support an amendment of the state constitution that would reset a property's Other Focus Areas assessed value to its real market value at the time of sale or construction; • Advocate for legislative changes that ► Support a statutory change regarding will clarify and enhance public safety the way new property is added to the and local control related to marijuana tax rolls to provide the option of dispensaries. applying a city-wide changed property • Support increased resources for persons ratio to new property. with mental health issues, especially in • Allow for price comparison when procuring crisis situations. the services of architects and engineers. • Oppose preemption of the ability of cities to manage and receive compensation for the use of public ROW. • Advocate for a change to the current fiscal year(July 1 to June 30) as mandated by state law to a calendar that better coincides with the legislative session. FUND: 100 Cityof Tigard Oregon DIVISION: 0500 General Fund b b Mayor and Council YTD Revised FY 2014 FY 2015 2016 2016 Budget Resource Summary Adoptcd 2017 Assumptions Chg Pkg 68,805 Existing Staff Alloc Approved 0 Approved 786 COLA of 0.7% 17COLA_0.7% Approved 1,980 iPad data package for Mayor Cook,Councilor Woodard .Base Approved and Henderson.Surface Pro Tablet for Council Pres.Snider &Councilor Good house($33 mo)Included in stipend for technology 16,500 Vehicle stipend for Mayor and each Councilor: .Base Approved $275/month per Resolution#15-26 84,971 85,413 87,523 113,694 51001-Salaries-Management 88,071 Approved only 84,971 85,413 87,523 113,694 Total Personal Services-Salaries 88,071 SUPPLEMENTAL PACKET FOR . 4/2 (DATE OF FETING) Run 1/10/2017 5:36:50 PM Page 1 of 4 1000500 Mayor and Council I FUND: 100 City of Tigard, Oregon DIVISION: 0500 General Fund Mayor and Council YTD Revised FY 2014 FY 2015 2016 2016 Budget Resource Summary Adopted 2017 Assumptions Chg Pkg 0 Approved 97 Existing Staff Alloc Approved 1 COLA of 0.7% 17COLA_0.7% Approved 1,185 997 446 480 52001-Unemployment 98 Approved only O Approved 267 Existing Staff Alloc Approved 507 585 582 221 52002-Worker's Compensation 267 Approved only O Approved 7,364 Existing Staff Alloc Approved 66 COLA of 0.7% 17COLA_0.7% Approved 6,620 6,279 6,050 7,288 52003-Social Security/Medicare 7,430 Approved only 0 Approved 696 Existing Staff Alloc Approved 6 COLA of 0.7% 17COLA_0.7% Approved 611 617 638 690 52004-Tri-Met Tax 702 Approved only O Approved 0 0 0 266 52005-Retirement 0 Approved only O Approved 66,721 Existing Staff Alloc Approved 42,176 51,550 64,911 63,235 52010-Medical/Dental/Vision 66,721 Approved only O Approved 5,178 6,522 8,126 0 52011-Dental Benefits 0 Approved only ., .- .SO., 56,277 66,550 80,753 72,180 Total Personal Services-Benefits 75,218 O Approved 800 meeting supplies(cups,coffee,filters,clorox wipes,plates) Base Approved paper,pens,etc. 93 182 307 800 53001-Office Supplies 800 Approved only 93 182 307 800 Total Supplies 800 atallitiattilii Run 1/10/2017 5:36:51 PM Page 2 of 4 1000500 Mayor and Council FUND: 100 City of Tigard, Oregon DIVISION: 0500 General Fund Mayor and Council YTD Revised FY 2014 FY 2015 2016 2016 Budget Resource Summary Adopted 2017 Assumptions Chg Plcg O Approved 6,500 Consultant fee for Council training .Base Approved 400 Inpterpreter Services for hearing impaired at Council .Base Approved meetings(upon request) 850 Photographer for Council group photo .Base Approved 2,640 TVCTV taping of Council workshop meetings Base Approved 9,974 13,766 8,703 9,540 54001-Professional/Contractual Services 10,3911 Approved only O Approved 27,651 City Attorney legal support for Council-based on trends .Base Approved 21,310 29,023 25,198 27,651 54003-Legal Fees 27,651 Approved only O Approved O 0 17 0 54114-R&M-Office Equipment 0 Approved only 0 Approved 25 Council's use of pool vehicles for close-in travel. .Base Approved O 0 4 25 54115-Vehicle Usage 25 Approved only u Approved 1,815 3,451 1,823 0 54205-Utilites-Phone/Pager/Cells 0 Approved only O Approved O 450 4,450 0 54300-Advertising&Publicity 0 Approved only 0 Approved 32,086 League of Oregon Cities membership .Base Approved (based on what we paid LOC for 2015/16 dues) 4,467 National League of Cities membership .Base Approved (NLC dues are population based,cities over 50,000 pay $4467) 800 Oregon Ethics Commission filing dues .Base Approved 188 Oregon Mayors Assn dues for Mayor Cook(population .Base Approved based) 100 Other publications for Councilors .Base Approved 120 Tigard Downtown Alliance dues .Base Approved 3,489 U.S.Conference of Mayors membership .Base Approved 2,500 Vision Action Network membership(Action Member status) .Base Approved 5,044 Westside Economic Alliance membership .Base Approved (Based on billing from July 2015) Run 1/10/2017 5:36:51 PM Page 3 of 4 1000500 Mayor and Council FUND: 100 City of OregonoDIVISION: 0500 General Fund Tigard, Mayor and Council YTD Revised FY 2014 FY 2015 2016 2016 Budget Resource Summary Adopted 2017 Assumptions Chg Pkg 39,059 43,782 54,163 50,234 54302-Dues&Subscriptions 48,794 Approved only 0 Approved 1,100 Business meals that are outside regular council meetings .Base Approved (Mayor only) (WEA forums,meetings with Metro and other jurisdictions, regional Mayor's dinner) 1,400 Council meals before regularly scheduled Council meetings .Base Approved 28,000 Councilors training budget-$7,000 per councilor .Base Approved 12,600 Mayor's training budget for conferences and meetings .Base Approved 300 New Councilor/swearing in event .Base Approved 10,000 Tigard Youth Advisory-Washington DC,sending 2 youth .Base Approved plus chaperone 25,338 27,367 36,508 43,100 54303-Travel and Training 53,400 Approved only 0 Approved 800 Mayor and City Councilor clothing with city logo&name • Approved embroidery 600 Recognition,awards,florist(funeral,illness)from Council. .Base Approved Promotional items for visiting dignitaries and school age visitors. 5,0(X) State of the City Reception .Base Approved 1,909 1,525 11,481 5,611u 54311-Special Department Expenses 6,400 Approved only 99,I)5 119,'6-I I-12_,',I I i6,I Si 1 Total Services 146,660 240,746 271,509 310,930 322,824 Total Requirements ..�. 240,746 271,509 310,930 322,824 Total Mayor and Council 310,749 Run 1/10/2017 5:36:51 PM Page 4 of 4 1000500 Mayor and Council AIS-2951 7. Business Meeting Meeting Date: 01/10/2017 Length (in minutes): 10 Minutes Agenda Title: Discuss the FY17-18 Budget for the Mayor and City Council Prepared For: Kent Wyatt Submitted By: Kent Wyatt, • City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Discuss the FY17-18 proposed budget for the Mayor and City Council. STAFF RECOMMENDATION / ACTION REQUEST Review the Mayor and City Council budget from FY 16-17 and determine whether adjustments should be made for the FY 17-18 proposed budget. KEY FACTS AND INFORMATION SUMMARY The city manager has instructed each department to prepare a status quo budget. Departments have also been asked to provide information about service demands caused by the inability to grow services while the city grows,and the city has structural constraints in revenue growth at the same time. The Mayor and City Council are tasked with reviewing their FY 16-17 budget and discussing any recommended changes for the FY 17-18. In previous years,the Mayor and City Council's budget discussions have focused primarily on the appropriate funding for training opportunities. Proposed budgets are due by January 13,2017. OTHER ALTERNATIVES N/A COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS TBA DATES OF PREVIOUS CONSIDERATION TB Attachments No file(s)attached. AIS-2986 8. Business Meeting Meeting Date: 01/10/2017 Length (in minutes): 20 Minutes Agenda Title: Continuation of Contract Award- Citywide Attorney Services Prepared For: Kent Wyatt Submitted By: Joseph Barrett,Finance and Information Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for city attorney services to Jordan Ramis PC? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for city attorney services to Jordan Ramis PC for one year with four additional one-year options and authorize the City Manager to fully execute the contract. KEY FACTS AND INFORMATION SUMMARY The City Council directed staff to draft a contract for Jordan Ramis to perform the duties of city attorney.A draft contract has been reviewed by internal staff and Fran Barnwell,Bullard Law. Only minor edits were suggested by Bullard Law. In response to the Council's discussion about the contract,staff has highlighted a few key points of the proposed contract Contract Length:The proposed contract is a one-year contract with an option for four additional one-year terms. The city council also retains the right to terminate the contract at any time and without cause. Lead City Attorney: Shelby Rihala will serve as the lead attorney. In situations where Shelby is unavailable,the contract states "Legal Counsel shall further designate a backup lead attorney to attend the meetings and the City shall reserve the right to approve said backup. Legal Counsel shall advise the City Manager with appropriate notice if neither the lead attorney nor the backup lead attorney is available for a City Council meeting." Evaluation Criteria:The City Council reserves the right to conduct an annual performance evaluation to determine the quality of the City Attorney's performance.The performance evaluation will address communication,responsiveness,approach to risk,and innovative solutions. The previous contract with Jordan Ramis expired on December 31,2016. The city and Jordan Ramis agreed to a one-month extension which expired on January 31,2017. OTHER ALTERNATIVES The Local Contract Review Board may reject all proposals and direct staff to re-solicit for the services. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION November 22: City Council interviewed the finalists. December 6: City Council discussed awarding the contract. December 20: City Council considered awarding the contract to Jordan Ramis. Fiscal Impact Cost: $1,200,000 Budgeted (yes or no): Yes Where budgeted?: Multiple Additional Fiscal Notes: Staff has estimated a possible five year cost(the total possible life of the contract) for the services at $1,200,000 based on the previous five year spend. The average annual spend would be an estimated $240,000 and is budgeted in many different funds and divisions in the annual budget. The hourly rates for the first year are as follows: Shelby Rihala-$230 Tim Ramis -$230 Dan Olsen- $230 Peter Mohr-$250 Jacob Zahniser-$250 David Rabbino-$275 Paralegals - $190 Attachments No file(s)attached AgendaQuick©2005-2017 Destiny Software Inc.,All Rights Reserved