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City Council Packet - 01/14/2020City of`Tigard TAxD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL MEETING DATE AND TIME: January 14, 2020 - 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. Public Comment 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: 503-718-2419 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: htto://www.tiRard-or.gov/citv hall/council meetine.pho 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. 11114 City of Tigard Tigard Business Meeting—Agenda TIGARD u..s..- —.zn.. au:';:"Y.ea.:a?..aa"5-'t.its.met.+T#itew.:'x'[r.S'>:':. TIGARD CITY COUNCIL MEETING DATE AND TIME: January 14, 2020 - 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 1. STUDY SESSION A.EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss pending litigation under ORS 192.660(2)(h). 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 6:50 p.m. estimated time 7:30 PM 2. BUSINESS MEETING A.Call to Order B.Roll Call C.Pledge of Allegiance D.Call to Council and Staff for Non-Agenda Items 3. PUBLIC COMMENT (Two Minutes or Less, Please) A.Follow-up to Previous Public Comment B.Tigard High School Student Envoy C.Update from Police Chief McAlpine D.Tigard Area Chamber of Commerce E.Public Comment—Sign Up Sheet 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/Town Center Development Agency has voted on those items which do not need discussion. 7:35 p.m.estimated time 4. CONSENT AGENDA: The Consent Agenda is used for routine items including council meeting calendars,appointments to boards and committees and approval of contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting. These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. Motion to: A.A PROCLAMATION CONGRATULATING TIGARD HIGH SCHOOL MARCHING BAND FOR RECEIVING STATE TITLE 5. CONSIDER A RESOLUTION INl'ERPRETING CHARTER CHAPTER V, SECTION 20 REGARDING ORDERS ON THE TREASURY 7:40 p.m. estimated time 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TITLES 1, 5, 6 AND 8 OF THE TIGARD MUNICIPAL CODE 7:45 p.m. estimated time 7. CONSIDER AMENDED AND RESTATED TEMPORARY WATER SUPPLY AGREEMENT WITH WILLAME rib WATER SUPPLY SYSTEM COMMISSION 7:50 p.m. estimated time 8. CONSIDER AN INTERGOVERNMENTAL AGREEMENT WITH CLEAN WATER SERVICES FOR TIGARD TRIANGLE STORMWATER PLANNING 8:05 p.m. estimated time 9. CONSIDER A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF PUBLIC EASEMENTS 8:15 p.m. estimated time 10. DISCUSS TIGARD'S STATE AND FEDERAL ADVOCACY AGENDAS 8:20 p.m. estimated time 11. DISCUSS LOCAL OPTION LEVY 8:30 p.m. estimated time 12. NON AGENDA ITEMS 13. ADMINISTRATIVE REPORT 14. ADJOURNMENT 9:10 p.m. estimated time SUPPLEMENTAL PACKET FOR I RI- ? - Tigard High School Update-January 14,2019 (DATE OF MEETING) Varsity Boys Basketball- Ranked#1 in the state with a 10-2 record Our Club of the Month is Period They are working to make feminine products free and accessible to all students at Tigard Our Winter Assembly was on December 20th We had 10 student performers that did everything from dancing to singing to skits Race to Raise started on January 6th Teams raise money for a local charity of their choice Last year we raised$6,000 total and we are hoping to raise more this year The Tigard Youth Advisory Council is having a Youth Mental Health Summit at Tigard on Thursday from 5 - 6:30 pm There will be a guest speaker and students will have an opportunity to voice their needs and how their school district can meet those needs The Holiday Choir Concert(December 18-19) was a huge success and the auditorium was packed both nights We are planning a Unity Day! On March 12, 2020 - Tigard will be converting a school day to a school wide equity day full of workshops, an assembly, and various activities SUPPLFOREMENTAL Po('KET DATE OF MEETING) rt " R 'f"*Tigard PD Strategic Dashboard et.E 131For December 2019 rf . * 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) Small numbers cause large percentage Increases and decreases. Note:December Data Taken From New Records Management System ISelectedGroupAOffens-,, Dec 2018 Dec 2019 'i, Cho. 2018 YTD 2019 YTD '0 Chg Person Crime 42 41 2.38% 507 417 -17.75% Assault 24 37 54.17% 401 344 -14.21% Robbery 4 3 -25.00% 35 29 -17.14% Property Crime 201, 202• 0.50% 2485 2190 -11.87% Burglary-Residential 3 4 i 33.33% 86 62 -27.91% Burglary-Business 2 4 0 100.00% 52 53 0 1.92% Burglary-Other 4 2 -50.00% 35 18 0 -48.57% UUMV 12 9 -25.00% 162 122 0 -24.69% Theft 123 115 6.50% 1271 1180 0 -7.16% Vandalism 32 30 ' -6.25% 362 310 0 -14.36% Societal Crimes 46 76 65.22% 630 774 0 22.86% DUII 21 12 ;j -42.86% 154 147 0 -4.55% Drug Offense 6 17 0 183.33% 138 112 0 -18.84% Disorderly Conduct 10 7 0 -30.00% 119 70 0 -41.18% Calls for Service Dec 2018 Dec 2019 %Chg 2018 YTD 2019 YTD %Chg Dispatched Calls 2075 1755 0 -15.42%22454 22193 r -1.16% Self Initiated Calls 1094 1358 i 24.13%20028 16617 -17.03% Response Time Priority 1 &2 5.93 6.38 0 7.59% 6.23 6.18 0 -0.80% Priority 3 10.75 11.37 0 5.77% 9.88 10.42 0 5.47% Priority 4 + 10.93 9.65 -11.71% 9.92 10.43 5.14% Community Snapshot Community Concerns Parking enforcement Photo Enforcement Community Outreach and Events Upcoming Events Christmas for Kids-Fred Meyer(12/4) *CPO meetings CPO meetings Landlord Forums Leaf disposal(12/7&14)-photo enforcement 1 LOL outreach Trail mtg w/businesses(1/7) *Chat w/Chief(2/5) Scam Prevention Training(12/10) Cookies&Cocoa w/Council(1/25) Landlord Forum(12/11) *Fanno Creek Sr Living training(12/18) State of the City(1/28) Tigard Parent Group meeting(12/11) Tigard Rotary K9 check presentation(2/5) Person Crime-Assault,Homicide,Robbery,Kidnap,Forcible/Non-Forcible Sex Offense Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DUII,Family Offense,Liqour Laws,Peeping Tom,Trespass The data is National Incident Based Reporting System(NIBRS)compliant and not Uniform Crime Report(UCR)compliant and cannot be compared to any report using that standard. 1 M " s '' Tigard PD Strategic Dashboard t For December 2019 0ti fN olt, r 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) I1 I.*Tii.......)xt'''' Employee Snapshot Department Staffing Inform av;w Actual Budget /o Budget Sworn 65 69 94% Non-Sworn 15 16 94% Total Number of Personnel 80 85 94% Patrol Officer Staffing 31 Overall% Days Swings Graves of Shifts Conducted at Minimums 52% 15 21 12 Personnel Unavailable for Work Patrol All Other Overall of Recruits in Pre-Academy of Recruits in Academy of Recruits in FTEP 4 4 of Personnel on Extended Sick Leave/ FMLA 1 1 of Personnel on Military Leave of Personnel on Light Duty 1 1 2 of Personnel on Administrative Leave Total Personnel Unavailable to Work during some Period during the Month 5 2 7 Total Officers Available to work PATROL some period during the Month 26 Operational Effectiveness Snapshot Budget Information is based on the best available data. FY 2018-2019 Budget FY 2019-20 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 47% 50%0 -3% 47% 50%0 -3% Operations 46% 50%le -4% 46% 50%,-„~ -4% Services 48% 50%O -2% 51% 50%e 1% Total Department Budget 47% 50%40 -3% 48% 50% . -2% Budget Information is based on the best available data. FY 2018-2019 FY 2019-20 Percent YTD St dttgis Percent YTD gtadittgst Department Overtime Actual Budgeted Actual Budgeted Administrative 20% 50%410 -30% 40% 50% ; -10% Operations 35% 50%! -15% 36% 50%a -14% Services 30% 50%0 -20% 35% 50%e -15% Total Overtime 33% 50% .,v -17% 36% 50%t` -14% 2 Y. "` k"'` n Tigard PD Strategic Dashboard QQLIC4 fig For December 20191E644,‘' dryOR 45 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) rf f. *T1:;114— Calls For Service - By Month Public Demand Self Initiated AVERAGE AVERAGE 1 y1,2 WC 19 1745 OEC-19 1950 730V-19 1710 NOV 19 1127 OCT-19 1510 OCT-19 1412 5CR-19 11490 SEP-19 1240 AUG•19 2053 AUG-19 11111111111111111111 JU1-19 2099 JUC-19 AUN-19 1991 JUN-19 1932 MAY-19 1951.MAV-19 1355 499-19 IIIIIIMMIIIIIIIIIIIMOIIIIIIIIIIIIMIIIIICDII APR-19 5249-19 1770MAR-19 1.11111111111111111111111 FES 19 1611 EE0-19 IINIIMIMIIIINIIIIIMIMIIIMW IAN-19 1797 f f IAN-19 DEC EC 1094 r ak 1,i,.x t1vr t e. -<. ..n. y..• •... IResponse Times - 5 Year Trend I 6.38 6.33 11 37 10.66'"'T0.74 10.28` 5.45 5,935.9 i 1 9.62 2015 2016 2017 2018 2019 2015 2016 2017 2018 2019 PRIORITY 4+ Priority 1= 1093 Priority 3 = Imminent threat to life 62— 9 43 9.a7 I '`'•865 Urgent call where crime f f prevention is needed Priority 2= Immediate threat to life,occuring now t; i Priority 4+ = Cold crimesi. or public assistance 201; 2015 201; 2018 2019 3 rt, i "{"'' Tigard PD Strategic Dashboard t`a OLICt For December 2019 jj k ^; t R 2019 Population Estimate 53,145 Adopted Budget FY 2019-20) fr t ails For Service - By Month, DECEMBER DISPATCHED e. . DECEMBER SELF INITIATED 1627'1675 l 1701 l2075 1354 N 1358 1691—17.00/' 1755 1547 1579 1094 4 014 201$ 2016 2017 2018 2019 2014 2015 2017 2018 2019 Tracking Code Cases - Year to Date The tracked counts of these have all Overdose 2 10 14 27 22 increased. Each involves multiple officers, POH 135 124 140 167 143 evidence processing,and trips to hospitals in some cases. Suicide 4 4 8 7 11 Att. Suicide 59 30 65 59 49 ii . - • . -:- I•' .DHS Refer 477 422 546 564 534 abuse to an elderly or mentally Dom Viol 99 75 127 151 133 challenged victim end up in the caseload DV No Crime 48 99 141 125 134 I- - - -•• '-'' ORC Theft 43 61 49 62 72 Domestic Violence reports have Graffiti 144 68 59 113 47 doubled in 5 years . IBHI - Transient I Total Calls Logged: 1710 Total Societal Calls: 1123 of monthly workload 66% of Calls-BHI** 124 of Calls Transient 101 of Calls Dispatched 138 of Calls Self Initiated 101 Total Time Spent 11:45:19 Total BHI/Transient calls 239 Note 1:Behavioral Health Incidents(BHI)and Transient calls are a subset of the category"Societal"calls. The statistics above are based on officer inputs. Note 2:An incident may be both BHI and Transient related. These figures are not additive. 4 City Council Update January 2020 SUPPLEMENTAL PACKET FOR Chamber Update DATE OF MEETING) Leadership Tigard The Leadership Tigard class met today(1/14/20) and learned about Tigard's businesses and economy. They heard from Lloyd Purdy and toured Gerber Gear, Curtiss-Wright Industrial Group, Rose City Distilling, and B&B Print Source. Education,Advocacy, & Building a Strong Local Economy 1/16/2020— 1:30 PM -Gov't Affairs &Public Policy Committee Meeting 1/29/2020— 12:00 PM —New Member Orientation 2 businesses have joined the chamber in December We are currently working with the Tigard Tualatin School District and Tualatin Chamber of Commerce on a #WorkReady event for 8th graders that will be in the Spring. Promoting Community Save the Date for Bowl-O-Rama on Saturday, February 29 at Tigard Bowl. Save the Date for Tigard Shining Stars Community Awards Gala Friday 5/1/19, 5:30 p.m. o Now accepting high school senior scholarship applications for the 4 year college scholarship and the vocational school/community college scholarship. Deadline to apply is March 5th o Now accepting nominations for the Tigard Shining Stars Community Awards. Last day to nominate someone is March 6th Networking/Visibility Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 1/16— Beaverton Kangen Water, 1/23 —Curiosities, 1/30—TBD, 2/4— Party Fair G.E.T. Connected at Embassy Suites Hotel— 1/21 at 5 PM Health Care Affinity Group—2/4 at 7:15 AM Home, Garden & Design—2/11 at 8 AM Speed Networking—2/13 at 7 AM Details at http://business.tigardchamber.org/events/calendar/ Tigard Farmers Market Update Now accepting vendor applications for the 2020 season. TDA Downtown Updates 2020 Annual TDA Meeting will be March 19. We will be voting on new members to the TDA board. The TDA is currently working on mapping out 2020 projects and events. Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard f-7. Leadership Tigard FA ' AGENDA ITEM NO. 3 E - PUBLIC COMMENT DATE: January 14, 2020 Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and cities ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record NAME &CITY YOU LIVE IN TOPIC STAFF Please Print CONTACTED Name g/tiiertyl-i&,4 Also,please spell your name as it sounds,if it will help FZ the presiding officer pronounce: Li 'u c_f2;r-) Optional: If you want a response from staff please f4 13 Z---SC) ra leave your contact information: Z—c-) , ce7 Address 411'c 71 City L c' t-J f State CJ R Zip 70.3)f.5 Phone no. or email r r . • j` ,,E,1 Name City Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email Name City Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email AIS-4091 4.A. Business Meeting Meeting Date: 01/14/2020 Length (in minutes): 5 Minutes Agenda Title: A Proclamation Congratulating Tigard High School Marching Band for Rweceiving State Title Prepared For: Joanne Bengtson,City Management Submitted By: Joanne Bengtson,City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Council congratulation the Tigard High School Marching Band for winning the state championship in 2019? STAFF RECOMMENDATION / ACTION REQUEST Congratulate these talented and dedicated musicians and performers. KEY FACTS AND INFORMATION SUMMARY Mayor Snider and the City Council invited members of the Tigard High School Marching Band and Kati Fantz McKee, the Band Director of Marching Programs to a City Council meeting to be recognized for winning the Class A state championship, held at the University of Oregon in November 2019.. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time that Council has invited the THS Marching Band. Attachments Congratulations THS Marching Band i u, fro. ,F:._. tJ. leseeswessaaw•eeweae n r 4 r, t t.illt i 1, r L ./ 777 i city of Tigard 4414441t ' 4 Congratulations 2019 Tigard High Marching Band Champions! y WHEREAS, Tigard High School students make up the school's marching band, color guard and percussion ensemble and they perform in, and support a variety of athletic and entertainment events throughout the year; and 1r- WHEREAS, the Tigard High School Marching Band skillfully intersperses a w. variety of songs, synchronized movements and spirited fun into every 1 if. performance and high-level competition against similar sized schools; ii and s:, WHEREAS, on November 2, 2019, Tigard High School Marching Band a.Director Kati McKee brought her team ofgifted musicians and performers to ittt g 1. Autzen Stadium at the University of Oregon to compete in the Festival of Bands/Northwest Association for Performing Arts Championship; and WHEREAS,the Tigard High School Marching Band put in hours of practice, 0.1401 training and incredible dedication to be awarded the Class A Champion State Title for their excellence in music and artistry; and i; WHEREAS, this prestigious award affirms the important ways that music and (- l arts education contribute to sought-after and highly valued traits of teamwork, `'' perseverance and dedication to excellence. itith{ L NOW THEREFORE BE IT RESOLVED THAT I, Jason B. Snider, Mayor of the City of Tigard, Oregon, do hereby proclaim the city's appreciation to Band Director McKee and the members of our esteemed Tigard High School 14114 Marching Band and the Band Boosters who support these talented youth. t I encourage all residents to make time to see a performance and support their a a efforts to keep making music. a IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal may. of the City of Tigard to be affixed. LI gie ,. ye, . :r.,.., rte' r Jason B. Snider, Mayor Cityof Tigard9 tItii,V. 1. Attest: te' City Recorder let r ! L <.: }+ w s s a meow 1.671•7•71. ® • . aw.s w Ya- y-'° } Aj. r4i4-,s, 9 s t az r fit tri t Otto M a ''. 4u y AIS-4073 5, Business Meeting Meeting Date: 01/14/2020 Length (in minutes): 5 Minutes Agenda Title: Consider Resolution Interpreting Charter Chapter V, Section 20 Regarding Orders on the Treasury Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution Main Public Hearing: No Publication Date: Information ISSUE Shall Council approve a resolution to interpret Chapter V, Section 20 of the Tigard Charter related to "Orders on the Treasury?" STAFF RECOMMENDATION /ACTION REQUEST Staff recommends approval of the resolution as presented. KEY FACTS AND INFORMATION SUMMARY Tigard City Charter, Chapter V,Powers and Duties of Officers, Section 20 states, "The Mayor shall appoint the committees provided by the rules of the Council. The Mayor shall sign all approved records of proceedings of the Council and countersign all orders on the treasury." Staff,having researched the question in local budget law, Government Accounting Standards Board (GASB) documents and resources from the League of Oregon Cities,were unable to find guidance about the ambiguous term "orders on the treasury." Under Oregon law, a city council is charged with interpreting ambiguous provisions of its own charter. After discussion,Tigard City Council directed staff to prepare a resolution interpreting"orders on the treasury" to mean authorizations of budget appropriations. This means the Mayor will countersign all approvals of the City Council making appropriations for the City's budget. This will be accomplished by the Mayor's signature on the Council resolution authorizing the appropriation. OTHER ALTERNATIVES Council could decide not to interpret this Charter language or offer an alternative interpretation. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This was discussed at the November 12, 2019 Study Session. Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION INTERPRETING TIGARD CHARTER CHAPTER V, SECTION 20 REGARDING ORDERS ON THE TREASURY WHEREAS, the Tigard Charter, Chapter V, Powers and Duties of Officers, Section 20, states, "Mayor. The Mayor shall appoint the committees provided by the rules of the Council. The Mayor shall sign all approved records of proceedings of the Council and countersign all orders on the treasury.";and WHEREAS,City staff have looked to local budget law, the Government Accounting Standards Board (GASB), and other resources and the phrase"orders on the treasury"is ambiguous;and WHEREAS,under Oregon law,a city council is charged with interpreting ambiguities in its own charter;and WHEREAS, the Tigard City Council wishes to interpret "orders on the treasury" to mean authorizations of budget appropriations;and WHEREAS, Council considers the Mayor's signature on the Council resolution authorizing the appropriation for the City's budget to satisfy this provision of the City's Charter. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council interprets the phrase "orders on the treasury" to mean approvals of the City Council making appropriations for the City's budget SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2020. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO.20- Page 1 AIS-4095 6. Business Meeting Meeting Date: 01/14/2020 Length (in minutes): 5 Minutes Agenda Title: Consider Ordinance Amending Titles 1, 5, 6 and 8 of the Tigard Municipal Code Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance Main Public Hearing-Legislative Public Hearing: Yes Publication Date: Information ISSUE Shall the Tigard City Council adopt an ordinance updating incorrect citations in Titles 1, 5, 6 and 8 ofthe Tigard Municipal Code? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends adoption of the ordinance. KEY FACTS AND INFORMATION SUMMARY The Tigard Community Development Code (TCDC) has been significantly revised,including a reorganization of the entire code in 2017 and several changes in 2018 and 2019, adding chapters or modifying the TCDC. Following those changes, the Tigard Municipal Code (TMC) was not always updated to reflect the new references to the TCDC. This ordinance corrects TCDC references in Titles 1, 5, 6, and 8 of the TMC so that the Municipal Code accurately cross references the Community Development Code. OTHER ALTERNATIVES Council could choose to not approve the ordinance or make additional amendments. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 20- AN ORDINANCE AMENDING TITLES 1, 5, 6, AND 8 OF THE TIGARD MUNICIPAL CODE TO CORRECT CITATIONS TO THE TIGARD COMMUNITY DEVELOPMENT CODE WHEREAS, the Tigard Community Development Code (TCDC) has been updated several times recently and the structure reorganized;and WHEREAS, the Tigard Municipal Code (TMC) has not always been updated to accurately cross reference the TCDC; and WHEREAS, this ordinance updates the TMC with the correct references to the TCDC and reconciles the two codes. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1:Tigard Municipal Code 1.21.040 is amended to read as follows (new text in underline and deleted text in strikcthrough): The Director will shall review and evaluate all Claims received and shall process the Claims consistent with ORS 195.312 and 195.314, supplemented by Tigard Municipal Code TMC") 18.710.060.B, C, and D and 18.710.090 18.390.010, subsections D H, except that appeal of the Director's decision will shall be to the City Council. Following review and evaluation of the Claim,the Director will shall: SECTION 2:Tigard Municipal Code 1.22.120 is amended to read as follows: Notice of a vested rights hearing will shall be given as provided in TMC 18.710.070.A 18.390.050(C), except that the reference to the Land Use Board of Appeals will shall be deleted. SECTION 3:Tigard Municipal Code 5.04.030 is amended to read as follows: 9. "Temporary business" means any business that ---- -- . - :..:--: - -; 0 e - - :- •--• .-• ` - clopmcnt Codc and has a valid temporary use permit pursuant to TCDC 18A40. SECTION 4: Tigard Municipal Code 5.04.120 is amended to read as follows: 2. Businesses which constitute a home occupation pursuant to TCDC 18.760 as defined in Chapter 18.385.020 of the Tigard community development code shall must have a valid home occupation permit prior to the issuance of a business license. All other business licenses will shall be issued upon written application and receipt of the applicable fee by the City. ORDINANCE No. 20- Page 1 SECTION 5: Tigard Municipal Code 6.02.120 is amended to read as follows: All property within the city must shall be maintained in compliance with the visual clearance requirements of TCDC 18.930.030 Section 18.795.030. SECTION 6: Tigard Municipal Code 6.02.130 is amended to read as follows: Erection of a fence or wall, except as in compliance with TCDC 18.210.020, 18.310.020, and 18.350.040.I Section 18.745.050.C, is declared to be a public nuisance in violation of this title. SECTION 7: Tigard Municipal Code 6.02.140 is amended to read as follows: Constructing, placing or maintaining an accessory structure in violation of the provisions of TCDC 18.290.050 Section 18.510.060 is declared to be a public nuisance in violation of this title. SECTION 8: Tigard Municipal Code 8.02.030.A is amended to read as follows: 3. Noncompliance with the requirements of TCDC 18.420 Chapter 18.790. 4. Noncompliance with administrative rules in the Urban Forestry Manual that implement the requirements of TCDC 18.420 Chapter 18.790. SECTION 9: Tigard Municipal Code 8.02.030.F is amended to read as follows: 1. Unlawful tree removal in violation of TMC Title 8,TCDC 18.420,Chapter 18.790 or the Urban Forestry Manual; 2. Damaging, moving or removing a tree protection fence in violation of TCDC 18.420 Chapter 18.790 or administrative rules in the Urban Forestry Manual that implement the requirements of TCDC 18.420 Chapter 18.790; 3. Failure to provide inspection reports by the project arborist or landscape architect as required by TCDC 18.420.060.E.1 in noncompliance with Section 18.790.060.B or administrative rules in the Urban Forestry Manual that implement the requirements of TCDC 18.420 Chapter 18.790. SECTION 10: Tigard Municipal Code 8.02.050 is amended to read as follows: D. "Covered soil volume" means a volume of soil that is under pavement and specially designed to support the growth of a tree. Covered soil volumes contain existing, new or amended soil with the physical, chemical and biological properties necessary to support the growth of a tree,while at the same time supporting the loadbearing requirements and engineering standards of the overlying pavement. Covered soil volumes would not be considered tree growth limiting by a project arborist or landscape architect in an urban forestry plan developed per the standards in TCDC 18.420 and corresponding administrative procedures. ORDINANCE No. 20- Page 2 N. "Parking lot tree" means any tree . : : -- -- - as defined by TCDC 18.30.020.T.5.o.Section 18.745.050.E. X. "Tree canopy cover, effective" means a formula detailed in TCDC 18.420 Chapter 18.790 and corresponding administrative procedures used to calculate the amount of tree canopy that will be provided for a given lot or tract through any combination of preserving existing trees and planting new trees. In general, the formula grants bonus tree canopy credit based on the existing tree canopy of trees that are preserved, and grants additional tree canopy credit based on the projected mature tree canopy of newly planted trees. SECTION 11: Tigard Municipal Code 8.04.030.0 is amended to read as follows: The City Board or Committee Decision Making Procedures will shall be consistent with the procedures in TCDC 18.710.070 Sec-tion 18.390.050 of the Tigard Municipal Code I.! !. - '. .- = : -: ; :; The review body will shall be the city board or committee so designated by the city manager or designee. SECTION 12: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 13: 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 2020. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of 2020. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No.20- Page 3 AGENDA ITEM No. 6 Date: January 14, 2020 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING TITLES 1, 5, 6 AND 8 OF THE TIGARD MUNICIPAL CODE 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. 6 Date: January 14, 2020 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 available to members of the public. The names, and addresses ifprovided, 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 and City you live in: Name and City you live in: Name and City you live in: Optional:Contact information Optional:Contact information Optional:Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information Address,phone or email)if you Address,phone or email)if you Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: AIS-4023 7. Business Meeting Meeting Date: 01/14/2020 Length (in minutes): 15 Minutes Agenda Title: Amended and Restated Temporary Water Supply Agreement with Willamette Water Supply System Commission Prepared For: John Goodrich Submitted By: John Goodrich, Public Works Item Type:Resolution Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council approve the amended and restated intergovernmental agreement between Willamette Water Supply System Commission and the City for temporary water supply? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends Council approve the amended and restated agreement between the City and Willamette Water Supply System Commission. KEY FACTS AND INFORMATION SUMMARY The purpose of this agenda item is for Tigard City Council to consider the amended and restated agreement with the Willamette Water Supply System Commission (Tualatin Valley Water District, City of Beaverton, and the City of Hillsboro) for temporary water supply. Background The City of Tigard authorized a request from the Tualatin Valley Water District (TVWD) and City of Hillsboro for a proposed connection with Tigard's water distribution system. TVWD and the City of Hillsboro are working together to construct: The Willamette Water Supply System (WWSS) to provide municipal drinking water from the Willamette River to their respective water systems. The Roy Rogers Road Waterline Project (Project) to install a section of the WWSS transition pipeline from the Urban Growth Boundary to the intersection of Southwest Scholls Ferry Road. This is a section of the WWSS transmission pipeline from Wilsonville to TVWD and Hillsboro,which will be constructed,yet not placed into service until approximately 2026,when construction of the remainder of the WWSS components are completed. A temporary potable water connection between the Project and Tigard's water system for the purposes of testing and maintaining the Project. The temporary potable water connection will no longer be needed by TVWD and Hillsboro once construction of the WWSS is complete and the WWSS begins water service to TVWD and Hillsboro. This authorization was in March 2018 and several changes to the agreement require amendments as a proposed restated agreement. These changes are: TVWD, Hillsboro, and Beaverton created the Willamette Water Supply System Commission (WWSSC) to provide municipal drinking water from the Willamette River to their respective water systems. The Roy Rogers Road Waterline Project is requesting additional pipe segments to be added for temporary water use from Tigard. These pipe sections include construction north of Roy Rogers Road and to the east for pipe connections to TVWD Metzger service area. These pipe segments are a section of the WWSS transmission pipeline from Wilsonville to TVWD,Beaverton, and Hillsboro,which will be constructed,yet not placed into service until approximately 2026,when construction of the remainder of the WWSS components are completed. Tigard requested that the Project upsize water line pipe from 6-inch to 18-inch diameter. This request requires additional funding for Tigard's cost share of the upsizing. Tigard made this request for additional upsizing of the temporary water supply as an opportunity to construct additional improvements to make a permanent emergency connection to the WWSS with a flow capacity of five (5) million gallons per day (MGD),which will require a separate agreement between the Parties prior to use. Through the proposed agreement,Tigard would share allocated costs to upsize the water supply pipe connection from 6-inch diameter pipe to 18-inch diameter pipe. The contractor's construction estimate for Tigard's cost share is approximately$338,000. Restated Agreement The proposed amendments and restated agreement include the project description, allocated cost estimates, system connections and operational protocols,potential future agreements for emergency water supply, construction coordination, operational impacts and use of water, cost of water and payment requirements, indemnity,general provisions such as dispute resolution, termination, excused performance, etc. Key elements of the proposed agreement include: Project Description:The Parties agree that WWSSC may construct a temporary six-inch connection between the Tigard water distribution system and the Project. Cost:WWSSC will be solely responsible for all costs to design, construct, operate,maintain,repair, and replace one temporary connection for testing and maintenance of the Project. Tigard will be solely responsible for all costs to upsize the temporary connection for the purpose of a future 5 MGD permanent emergency connection (18-inch diameter pipe and appurtenances). Future Tigard Agreement: Tigard must negotiate and seek approval for a separate agreement regarding construction, connection, metering, and use of WWSS water for the permanent emergency connection. Cost of Water and Payment: Tigard will sell water to WWSSC,and the cost of the water shall be charged for the actual water used. As part of the proposed agreement,Tigard will review utility and development plans to ensure utilities accommodate the Project in Tigard's right of way and allow for connection to Tigard's water system. OTHER ALTERNATIVES Council may chose to not approve of the amendments to the restated agreement. Council could also provide direction regarding additional changes to the proposed amendments within the restated agreement. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Council approved and adopted the 2010 Water Master Plan and 2014 Water Master Plan Addendum. DATES OF PREVIOUS CONSIDERATION Council considered and adopted Resolution 18-19 on March 27,2018 to approve the intergovernmental agreement between Tualatin Valley Water District and City of Hillsboro and the city for temporary water supply. Fiscal Impact Cost: 338,000 Budgeted (yes or no): yes Where Budgeted (department/program): Water CIP Additional Fiscal Notes: The amended and restated agreement recalculates Tigard cost share of the water supply connection between Willamette Water Supply System and Tigard Water System. Under the proposed agreement,Tigard's share to upsize pipe from 6-inch diameter to 18-inch diameter,including appurtenances and vaults,is $338,000. Attachments Resolution Approved Amended and Restated IGA with WWSSC Intergovernmental Agreement CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION ADOPTING AN AMENDED AND RESTATED AGREEMENT FOR TEMPORARY WATER SUPPLY BETWEEN THE WILLAMEI'1'E WATER SUPPLY SYSTEM COMMISSION AND THE CITY OF TIGARD. WHEREAS,ORS 190 authorizes units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a Party to this Restated Agreement has the authority to perform;and WHEREAS,by agreement dated June 16,2015,Tualatin Valley Water District("TVWD") and the City of Hillsboro ("Hillsboro") agreed to design and construct the Willamette Water Supply System ("WWSS") providing municipal drinking water from the Willamette River to their respective water systems;and WHEREAS,TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the PLM_4.3"waterline project on Southwest Roy Rogers Road from the City of Sherwood City Limits to 2,500- ft south of Southwest Bull Mountain Road;and WHEREAS,TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the PLM_5.1"waterline project from the Urban Growth Boundary approximately 2,500-ft south of Southwest Bull Mountain Road to Southwest Scholls Ferry Road,which will be built as part of Washington County's Roy Rogers Road Project("Road Project") for roadway and waterline improvements;and WHEREAS,TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the PLM_5.2"waterline project from Southwest Scholls Ferry Road to Southwest Grabhorn Road;and WHEREAS,TVWD committed to construct the portion of the WWSS referred to as the"MPE_1.0"waterline project from the intersection of Southwest Scholls Ferry Road and Southwest Roy Rogers Road to Southwest Beaverton-Hillsdale Highway at Southwest Western Avenue;and WHEREAS,the PLM_4.3,PLM_5.1,PLM_5.2,and MPE_1.0 waterline projects are collectively referred to as the"Project";and WHEREAS,TVWD and Hillsboro initially conducted their work associated with the WWSS through a group of employees who are publicly identified as the Willamette Water Supply Program ("WWSP") and,through the WWSP,entered into an agreement with Tigard entitled Intergovernmental Agreement between Tualatin Valley Water District, the City of Hillsboro,and the City of Tigard for Temporary Water Supply,dated April 4, 2018 Agreement") to provide WWSS transmission pipeline projects with temporary potable water connections to Tigard's water system for the purposes of testing and maintaining WWSS facilities;and WHEREAS,the Agreement provided,among other things: a six-inch potable water connection at SW Friendly Lane until construction of the WWSS is complete and the WWSS begins water service;the ability for Tigard to construct additional improvements to make a permanent emergency connection to the WWSS with a flow capacity of five (5) million gallons per day (MGD),which will require a separate agreement between the Parties prior to use;and for Tigard to review utility and development plans to ensure utilities accommodate the Project in Tigard's right of way and allow for connection to Tigard's water system;and RESOLUTION NO.20- Page 1 WHEREAS,TVWD,Hillsboro,and the City of Beaverton have formed the Willamette Water Supply Commission ("WWSS Commission"),an ORS Chapter 190 entity,by agreement effective July 1,2019,and this Amended and Restated Agreement is executed in part to assign all of WWSP's rights and obligations from the Agreement to the WWSS Commission and provide for continuation of that prior Agreement and allow for additional connection points; and WHEREAS,TVWD,as the Managing Agency of the WWSS Commission,is responsible for receiving payments from Tigard for upsizing and paying Tigard invoices for pipeline construction water use. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: City Council approves the amended and restated agreement for temporary water supply between the Willamette Water Supply System Commission, and the City of Tigard, in substantially the form attached hereto as Exhibit"A." SECTION : This resolution is effective immediately upon passage. PASSED: This day of 2020. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.20- Page 2 AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN WILLAMETTE WATER SUPPLY SYSTEM COMMISSION AND THE CITY OF TIGARD FOR TEMPORARY WATER SUPPLY This Amended and Restated Intergovernmental Agreement ("Restated Agreement") is entered into between the Willamette Water Supply System Commission, an intergovernmental entity formed under ORS Chapter 190, and the City of Tigard, an Oregon municipal corporation ("Tigard"), each also referred to as "Party" or collectively as "Parties." RECITALS A. WHEREAS, ORS 190 authorizes units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a Party to this Restated Agreement has the authority to perform; and B. WHEREAS, by agreement dated June 16, 2015,Tualatin Valley Water District ("TVWD") and the City of Hillsboro ("Hillsboro") agreed to design and construct the Willamette Water Supply System WWSS") providing municipal drinking water from the Willamette River to their respective water systems; and C. WHEREAS, TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the PLM_4.3" waterline project on Southwest Roy Rogers Road from the City of Sherwood City Limits to 2,500-ft south of Southwest Bull Mountain Road; and D. WHEREAS, TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the PLM_5.1" waterline project from the Urban Growth Boundary approximately 2,500-ft south of Southwest Bull Mountain Road to Southwest Scholls Ferry Road, which will be built as part of Washington County's Roy Rogers Road Project ("Road Project")for roadway and waterline improvements; and E. WHEREAS,TVWD and Hillsboro committed to construct the portion of the WWSS referred to as the PLM_5.2" waterline project from Southwest Scholls Ferry Road to Southwest Grabhorn Road; and F. WHEREAS,TVWD committed to construct the portion of the WWSS referred to as the "MPE_1.0" waterline project from the intersection of Southwest Scholls Ferry Road and Southwest Roy Rogers Road to Southwest Beaverton-Hillsdale Highway at Southwest Western Avenue; and G. WHEREAS,the PLM_4.3, PLM_5.1, PLM_5.2, and MPE_1.0 waterline projects are collectively referred to as the "Project"; and H. WHEREAS,TVWD and Hillsboro initially conducted their work associated with the WWSS through a group of employees who are publicly identified as the Willamette Water Supply Program ("WWSP") and,through the WWSP, entered into an agreement with Tigard entitled Intergovernmental Agreement between Tualatin Valley Water District, the City of Hillsboro, and the City of Tigard for Temporary Water Supply, dated April 4, 2018 ("Agreement")to provide WWSS transmission pipeline Page 1 of 11 projects with temporary potable water connections to Tigard's water system for the purposes of testing and maintaining WWSS facilities; and I. WHEREAS,the Agreement provided, among other things: a six-inch potable water connection at SW Friendly Lane until construction of the WWSS is complete and the WWSS begins water service; the ability for Tigard to construct additional improvements to make a permanent emergency connection to the WWSS with a flow capacity of five (5) million gallons per day (MGD),which will require a separate agreement between the Parties prior to use; and for Tigard to review utility and development plans to ensure utilities accommodate the Project in Tigard's right of way and allow for connection to Tigard's water system; and J. WHEREAS, TVWD, Hillsboro, and the City of Beaverton have formed the Willamette Water Supply Commission ("WWSS Commission"), an ORS Chapter 190 entity, by agreement effective July 1, 2019, and this Restated Agreement is executed in part to assign all of WWSP's rights and obligations from the Agreement to the WWSS Commission and provide for continuation of that prior Agreement and allow for additional connection points; and K. WHEREAS,TVWD, as the Managing Agency of the WWSS Commission, is responsible for receiving payments from Tigard for upsizing and paying Tigard invoices for pipeline construction water use. AGREEMENT NOW,THEREFORE, in consideration of the terms, conditions, and covenants set forth below, and the Recitals which are incorporated into this Restated Agreement as if fully set forth herein,the Parties agree as follows: ARTICLE 1 - Description of Water Connections 1.1. Friendly Lane Connection ("Friendly Lane Connection"): a temporary six-inch connection and a potential future emergency connection at the PLM_5.1 portion of the Project which will connect to Tigard's 18-inch transmission line at a mutually agreeable location near SW Friendly Lane. 1.1.1. The Parties agree that the WWSS Commission may design and construct a six- inch connection between the Tigard water distribution system and the Project within the City of Tigard at SW Friendly Lane, shown on Exhibit A.The point of connection shall be in a public right of way, and the Parties agree that Tigard and the WWSS Commission shall have full and complete access at all times to operate and maintain the valves,vaults, and appurtenances. 1.1.2. The WWSS design will provide for a future permanent emergency connection with a capacity of five (5) million gallons per day (MGD) near Friendly Lane so that Tigard can obtain future emergency water supply for its water system from the Project. The size of the Friendly Lane Connection for this purpose is anticipated to be 18-inch diameter capable of providing the desired 5 MGD flow capacity. 1.2. Satsuma Connection ("Satsuma Connection"): one temporary connection will be made between the Project and Tigard's system using maximum flow requirements as set by Tigard near SW Satsuma Avenue. Page 2 of 11 1.3. Additional connection points may be considered in the future under separately negotiated and executed intergovernmental agreements or by amendment to this Restated Agreement. ARTICLE 2 - Cost 2.1. The cost allocation of the Friendly Lane Connection will be determined according to the percentage split as shown in Exhibit B and as described below. Generally, the cost of this portion of the Project will be determined as follows: 2.1.1. The WWSS Commission will be solely responsible for all costs to design, construct, operate, maintain, repair, and replace one six-inch connection for testing and maintenance of the Project until the entire WWSS is completed and water is produced and delivered from the WWSS.The size of piping needed for this purpose is six (6) inches in diameter, including the backflow device and meter. 2.1.2. Tigard will be solely responsible for all costs to upsize the six-inch temporary Friendly Lane Connection piping from six(6) inches in diameter to eighteen (18) inches in diameter for the future permanent emergency connection. 2.1.3. The design of the Friendly Lane Connection shall be compatible with and provide for interoperability so that the WWSS Commission may use the connection as described in this Restated Agreement, including filling,testing, and maintaining the Project and other connecting WWSS transmission projects. The Agreement cost-split was based on the WWSS Commission design consultant's engineer's estimate to construct the six-inch connection to periodically draw testing and maintenance water from Tigard for use in sections of the WWSS,which will be "Cost A."The design consultant also provided an engineer's estimate for the additional cost of upsizing the six-inch connection to a 12-inch connection for the Friendly Lane Connection, the cost of which includes the cost of the meter and control vaults,which will be "Cost B." Per the cost-split set forth in the Agreement,the proportion of Cost A attributable to the six-inch connection to Cost B (i.e., Cost A divided by [Cost A+ Cost B] x 100 = Cost A percentage) results in 68%of the cost of the connection to be covered by the WWSS Commission.The remaining proportion (32%) will be covered by Tigard, as identified in the "Cost of Work" and "True-up to Bid Costs" sections of Exhibit B. The construction contractor's bid for the 12-inch connection for the Friendly Lane Connection is reflected in the "True-up to Bid Costs" on Exhibit B. Per Tigard's request to construct an 18-inch connection at the Friendly Lane Connection, the WWSS Commission requested a change order from the construction contractor.The construction contractor's bid for the 18-inch connection for the Friendly Lane Connection is reflected in the "Change Order Costs" on Exhibit B.The "Total Actual Costs" on Exhibit B reflect the costs for each Party. 2.1.4. The WWSS Commission has bid the work as described in Article 1 to establish the construction cost for that work. Page 3 of 11 2.1.5. Tigard will be billed its "Total Actual Costs," as identified in Exhibit B. Half of the payment will be invoiced upon signature;the other half will be invoiced in July 2020. Payment will be due and payable to TVWD within thirty (30) days of the invoice. 2.1.6. Tigard acknowledges Washington County will manage the contract for the actual construction of the connections to the Tigard system.The WWSS Commission will notify Tigard of any potential construction contract change orders that may affect Tigard's cost for the connection construction at the earliest possible time after the WWSS Commission receives notice from Washington County. The WWSS Commission will endeavor to avoid or minimize change order requests from Washington County that affect Tigard. If Tigard does not approve the change order that increases Tigard's cost,the Parties recognize that Washington County, in its sole discretion or with approval by the WWSS Commission, may still approve the change order. In such case,the WWSS Commission will be responsible to pay the change order amount, provided, however,that the WWSS Commission may seek contribution from Tigard for Tigard's proportional share, as defined in Article 2.1.3.The Parties reserve all rights as to responsibility for payment and agree to resolve the matter through dispute resolution. 2.1.7. If Tigard successfully negotiates an agreement for a future permanent emergency connection at the Friendly Lane Connection,Tigard will be responsible for the full cost of additional design, management, and construction of the full build-out of the emergency connection. Costs for designing and constructing the Friendly Lane Connection as a permanent emergency connection will be the sole responsibility of Tigard and shall be included as part of a future emergency water supply intergovernmental agreement. 2.2. All costs associated with the temporary connection of the Project at Satsuma Avenue will be paid in its entirety by the WWSS Commission. ARTICLE 3 - System Connections and Operation Protocols 3.1. For both the emergency and temporary connections: 3.1.1. During and following construction, each Party shall appoint a representative to coordinate the use, operation, maintenance, repair, and replacement of the connection and valves according to prudent utility practices. 3.1.2. The Parties agree to maintain their portion of the connection in good working order so that they are available to be put in service when a water draw is needed. 3.1.3. The WWSS Commission representative will develop a schedule for Project water requirements and provide it to the Tigard representative for review and approval so Tigard will have sufficient notice (minimum 48 hours) of when the WWSS Commission will need to draw water from the Tigard system.The project schedule should be updated and provided to Tigard on a weekly basis during the Project construction period. Page 4 of 11 3.1.4. The flow from the Tigard system shall be limited to no more than 700 gallons per minute without prior authorization from Tigard, and Tigard will maintain control and operate all valves which are part of the Tigard system.Tigard requires 48-hours notification for the operation of valves. 3.2. Additional conditions to accommodate the permanent emergency connection for the Friendly Lane Connection include the following: 3.2.1. WWSS Commission will install two 18-inch isolation valves, a six-inch flow meter, and a six-inch approved backflow prevention device that will connect to the Tigard system. Both isolation valves will remain closed to the Tigard system except for those periods when water from Tigard will be used to test the Project. 3.2.2. The Parties will be responsible for and maintain control of separate valves, vaults, and appurtenances, including all costs associated therewith as defined here. Responsibility will be as shown in Exhibit A with the piping from the WWSS main pipeline to the meter vault and the valve separating the two vaults being the responsibility of the WWSS Commission.The remaining portion from that valve, through and including the pressure regulating/control valve and vault to the point of connection with Tigard's system,will be the responsibility of Tigard. ARTICLE 4 - Term 4.1. The term of this Restated Agreement and use of water by the WWSS Commission shall continue until construction of the WWSS is complete and potable water delivery service begins, which is anticipated to occur in 2026.This Restated Agreement shall automatically terminate when both: (a) the WWSS is complete; and (b)the WWSS begins potable water delivery service to TVWD, Hillsboro, and Beaverton. Upon termination under this section, and if Tigard does not wish to have the permanent emergency Friendly Lane Connection as described in this Restated Agreement, the WWSS Commission will remove the six-inch connection, and cost splits for the removal of the connection will be as defined in Article 2.1.3. ARTICLE 5 - Future Tigard Agreement 5.1. This Restated Agreement confers no rights or privileges upon Tigard to the WWSS,to the Project, or to any water through or from the WWSS. If Tigard desires a permanent 5 MGD permanent emergency connection at the Friendly Lane Connection or other connections to the WWSS, then Tigard must negotiate and seek approval for a separate agreement regarding construction, connection, metering, and use of WWSS water for the permanent emergency connection at the Friendly Lane Connection or other connections. The WWSS Commission will not provide WWSS water to Tigard in the absence of such an agreement.The permanent emergency Friendly Lane Connection shall be the sole cost responsibility of Tigard, including any and all costs of making the conversion to a permanent connection, including, but not limited to, a seismic valve, electrical, SCADA,flow control devices, and a meter to measure usage. ARTICLE 6 - Construction Coordination 6.1. The design and construction of the Friendly Lane Connection, including any permanent emergency connection, in this Restated Agreement will be conducted as part of the Page 5 of 11 Project and the Road Project.The Parties will coordinate with each other during the design and construction to provide for minimal inconvenience to each other.The Parties will each conduct review and approval of construction submittals, other than permit applications, at no charge to the other Party.The WWSS Commission will coordinate with Tigard on the inspection of the facilities associated with the connection. 6.2. The design and construction of the temporary connection in this Restated Agreement will be conducted by WWSS Commission and its contractor with coordination per Article 3.1. ARTICLE 7 - Fiscal and Operational Impacts and Use of Water 7.1. The Parties agree to work together to determine how best to provide the water to fulfill the need to test the sections of the Project. When temporary water is required ("water draw"), the WWSS Commission will notify Tigard (48-hour notification)to coordinate the timing, method, and conditions for drawing water into the WWSS from Tigard. The water will be sold by Tigard to the WWSS Commission as outlined in Article 8. ARTICLE 8 - Cost of Water and Payment 8.1. Following the sale by Tigard after a water draw under this Restated Agreement,Tigard will read the meter and determine the quantity supplied. 8.1.1. Tigard will sell water to the WWSS Commission, and the cost of the water shall be charged for the actual water used at the Tier One residential rate or a rate that is at or below the approved residential customer class rate adopted by Tigard. Recognizing the short-term and sporadic nature of the need,there will be no system delivery charge, system development charge, connection fee, or other fixed charge associated with this use. 8.1.2. The cost of water, as determined under Article 8.1.1, will be billed by Tigard to the WWSS Commission and payable within thirty (30) days of invoice. ARTICLE 9 - Indemnity 9.1. Each Party agrees to indemnify and hold harmless the other Party, its officers, employees, and agents from and against all claims, demands, and causes of actions and suits of any kind or nature for personal injury, death, or damage to property on account of or arising out of services performed or the omissions of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying Party and its officers, employees, and agents.To the extent applicable, the above indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act ORS 30.260 through 30.300). Notwithstanding the foregoing, each Party shall be solely responsible for any contract claims, delay damages, permit compliance, permit violations, or similar items to the extent arising from or caused by the action or inaction of the Party under this Restated Agreement. ARTICLE 10 - General Provisions 10.1. Notices. Any notices regarding operation, maintenance, repair, replacement, breach, termination, or other issues shall be deemed sufficient if deposited in the United States Mail, First Class, postage prepaid, addressed to the Parties as follows: Page 6 of 11 To the WWSS Commission: Tualatin Valley Water District Attn: WWSP Director 1850 SW 170th Avenue Beaverton, OR 97003 To Tigard: City of Tigard Attn: City Manager 13125 SW Hall Blvd. Tigard, OR 97223 10.2. Dispute Resolution. The Parties hereby agree that resolution of any and all disputes arising out of the terms of this Restated Agreement or interpretation thereof shall follow a prescribed process beginning with negotiation and subsequently moving to mediation, provided the dispute remains unresolved. If a dispute arises between the Parties regarding this Restated Agreement, the Parties shall follow the dispute resolution provisions below: 10.2.1. Written Notice.A written notice regarding the dispute (Dispute Notice) shall be sent to the other Party. 10.2.2. Negotiations. Within thirty (30) days following receipt of the Dispute Notice,the Parties shall each assign a representative to participate in good faith negotiations for a period not to exceed sixty (60) days after appointment of the representatives. 10.2.3. Mediation. If, after the sixty(60) day period of negotiation (or a period not to exceed ninety(90) days following the receipt date of the Dispute Notice),the dispute(s) cannot be resolved,the Parties agree to submit the matter to non- binding mediation.The Parties shall attempt to agree on a mediator in a period not to exceed one hundred twenty(120) days following the receipt date of the Dispute Notice and proceed accordingly. 10.2.4. Litigation. If the Parties cannot agree on a mediator within the allocated time, or if the mediator cannot resolve the dispute(s) within one hundred eighty (180) days following the receipt date of the Dispute Notice, either of the Parties may file suit in a court of competent jurisdiction. Each of the Parties shall bear its own attorneys'fees and expert witness fees at all stages of the dispute resolution process, including at trial or in any appeals. In addition, nothing shall prevent the Parties from waiving any of the dispute resolution steps by mutual consent. 10.3. Default.The failure of a Party to perform any duty imposed upon it by this Restated Agreement shall constitute a default. 10.3.1. Notice of Default.The non-defaulting Party shall have the right to give the defaulting Party a written notice of default, which shall describe the default in Page 7 of 11 reasonable detail and state the day by which the default must be cured, which date shall be at least ten (10) days after receipt of the notice of default. 10.3.2. Rights Upon Default. Recognizing time is of the essence, a defaulting Party shall have ten (10) days to cure a default, following written notice thereof, unless cure within such ten (10) day period is not reasonably possible; in that case,the period to cure the default shall be extended to thirty(30) days or such other time that the non-defaulting Party is willing to agree to, provided that the defaulting Party has diligently begun to work, in good faith, to cure the default within the original prescribed ten (10) day period. In addition,the non- defaulting Party may pursue any other remedy available at law or in equity against the defaulting Party, subject to the dispute resolution procedures set forth in Article 10.2. 10.4. Termination.Any Party may terminate this Restated Agreement under any of the following conditions: 10.4.1. For breach of a material term of this Restated Agreement, after written notice under Section 10.3.1 and failure to cure under Section 10.3.2. 10.4.2. By mutual written agreement of the Parties to terminate for convenience. 10.5. Excused Performance. No party shall be deemed to be in default where delays or default is due to war, insurrection, strikes, walkouts, riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities other than the parties, acts of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation or similar bases for excused performance that are not within the reasonable control of the Party to be excused. 10.6. Effective Date.This Restated Agreement is effective on the last date signed by the Parties below and remains in effect until terminated as provided herein. Upon the effective date of this Restated Agreement, the Intergovernmental Agreement between Tualatin Valley Water District,the City of Hillsboro and the City of Tigard for Temporary Water Supply dated April 4, 2018 shall be terminated and superseded by this Restated Agreement. 10.7. Integration.This Restated Agreement, including all exhibits attached hereto, contains the entire and integrated agreement between the Parties and supersedes all prior written or oral discussions, representations, or agreements. In case of conflict among these documents, the provisions of this Restated Agreement shall control. 10.8. Assignment/Additional Parties.The WWSS Commission or its members may create further intergovernmental agreement(s) between them or with other municipal water suppliers that may own or use the Project and the WWSS.Tigard agrees to assignment of the rights, obligations, and covenants of this Restated Agreement to include those municipal water suppliers individually, along with the WWSS Commission. 10.9. Adherence to Law.The Parties shall adhere to all applicable federal, state, and local laws. Any certificates, licenses, or permits that are required by law to be obtained or Page 8 of 11 maintained in order to perform any work described in this Restated Agreement shall be obtained and maintained throughout the term of this Restated Agreement. 10.10. Governing Law.This Restated Agreement is governed by the laws of the State of Oregon. Venue for any litigation shall be in Washington County, Oregon. 10.11. Nonwaiver. Failure by any Party at any time to require performance by any other Party of any of the provisions of this Restated Agreement shall in no way affect the Party's rights hereunder to enforce the same, nor shall any waiver by the Party of the breach hereof be held to be a waiver of any succeeding breach or a waiver of this nonwaiver clause. 10.12. Severability. In case any one or more of the provisions contained in this Restated Agreement shall be judicially deemed invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 10.13. Amendment.The terms of this Restated Agreement may be amended or supplemented by mutual agreement of the Parties.Any amendment or supplement shall be in writing, shall refer specifically hereto and shall be executed by the Parties. 10.14. Survival Terms and Conditions.The provisions of this Restated Agreement shall survive its termination to the full extent necessary for their enforcement and the protection of the Party in whose favor they run. 10.15. Time of the Essence. Time is expressly made of the essence in the performance of this Restated Agreement. 10.16. Number, Gender, and Captions. In construing this Restated Agreement, it is understood that, if the context so requires,the singular pronoun shall be taken to mean and include the plural,the masculine, the feminine, and the neuter, and that, generally, all grammatical changes shall be made, assumed, and implied to individuals and/or corporations and partnerships.All captions and paragraph headings used herein are intended solely for convenience of reference and shall in no way limit any of the provisions of this Restated Agreement. 10.17. Good Faith and Cooperation.The Parties agree and represent to each other good faith, cooperation, and due diligence in the performance of all obligations of the Parties pursuant to this Restated Agreement. 10.18. Interpretation.This Restated Agreement shall be deemed and construed to have been prepared mutually by each Party, and it shall be expressly agreed that any uncertainty or ambiguity existing therein shall not be construed against any Party. 10.19. Counterparts.This Restated Agreement may be signed in one or more counterparts, each of which shall be deemed an original and, when taken together, shall constitute one and the same agreement. 10.20. Authority. Each person signing on behalf of a Party hereby warrants actual authority to bind his/her respective Party. 10.21. Access to Books, Records,and Accounting.The WWSS Commission shall maintain books, records, and reports regarding the connection to the Project showing all income, Page 9 of 11 receipts, expenses, and costs.These records shall be maintained for a period of three (3) years following final completion of the Project. All such books, records, and reports may be examined, and copies made by Tigard staff at reasonable times upon reasonable notice. 10.22. No Third-Party Beneficiary. Nothing in this Restated Agreement shall be construed to create any duty to, any standard of care with reference to, or any liability to any person not a Party hereto.There shall be no express or implied third-party beneficiary of this Restated Agreement. No entity or person, other than the Parties, shall have the right to enforce any right under this Restated Agreement. 10.23. WWSS Commission Agents.The Parties acknowledge that TVWD is the Managing Agency for the WWSS Commission and operates the WWSP for that purpose, each of which will act as the agent for the WWSS Commission for purposes of this Restated Agreement. In the event the WWSS Commission changes its Managing Agency or changes the role of the WWSP,the WWSS Commission will provide notice to Tigard of such change, including the appropriate contact information for individuals acting as the WWSS Commission's agents. 10.24. Consent to Assignment. By executing this Restated Agreement, Tigard consents to the assignment of the Agreement from TVWD and Hillsboro to the WWSS Commission and agrees that no further action shall be required for the WWSS Commission to execute this Restated Agreement for that purpose. signatures on following page) Page 10 of 11 IN WITNESS WHEREOF, the Parties hereto have set their hands as of the day and year hereinafter written. CITY OF TIGARD, OREGON WILLAMETTE WATER SUPPLY SYSTEM COMMISSION By: Marty Wine By: David Kraska Title: City Manager Title: General Manager Date:Date: Approved as to Form Page 11 of 11 Exhibit A Conformed Documents for Construction July 2019 i mRF SEE SHEET PN-14 x Ai32oJ'l• m p0 •A9MATCNLINESTA.T99•o0 MATCH LINE STA 799+00-SEE SHEET PN-14 Of 2 o m a wQ S,' o N 1 L X D sir III 1 I 411 X r •° m I 1,1zm, I ;° L• •.. -1 i. - x Z o— — m o 1 O SIIN D CO Z• WI Xi I r 0 S m m p 31 NI 1------ mm N N. 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Business Meeting Meeting Date: 01/14/2020 Length (in minutes): 10 Minutes Agenda Title: Consider Intergovernmental Agreement with Clean Water Services for Tigard Triangle Stormwater Planning Submitted By: Lori Faha,Public Works Item Type:Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council approve an Intergovernmental Agreement (IGA) with Clean Water Services for the preparation of a Red Rock Creek Sub-basin Strategy and Implementation Planning Project? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends approval of the Intergovernmental Agreement with Clean Water Services and authorizing the City Manager to sign the agreement. KEY FACTS AND INFORMATION SUMMARY The City of Tigard 2018 Stormwater Master Plan includes as a high priority the development of a Tigard Triangle Stormwater Implementation Plan. This project will refine and provide preliminary design information related to project recommendations in the Master Plan for Red Rock Creek. The work will establish restoration needs to the creek to address severe erosion that has exposed sanitary sewer lines. The work will also establish a design approach to maximize the benefits of stream and floodplain restoration that can also support future creation of a Red Rock Creek greenway trail. It is also intended to create an opportunity for some development projects in the Tigard Triangle to be able to pay fees toward creek projects in lieu of building onsite stormwater detention, likely increasing developable land and development that supports the Tigard Triangle Vision and Urban Renewal Plan. Clean Water Services (CWS) Board of Directors approved updated stormwater design and construction standards in 2019 that require stormwater detention facilities such as ponds for development sites to help protect streams from the erosive impacts of increased stormwater runoff. The standards also allow for an alternative approach called a Subbasin Strategy that can provide for a regional approach to stormwater management. This project is designed to both meet the objectives in the Tigard Stormwater Master Plan and to be approvable by CWS as a Subbasin Strategy. CWS offered to lead the project,including the contracting with a consultant team,with the work co-managed by the City and CWS. The City will provide 70 percent of the project funding, and CWS will provide 30 percent. OTHER ALTERNATIVES Council could not approve the IGA,in which case the city could solely complete the project with a reduced scope and funding without the assistance of Clean Water Services. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS The Stormwater Master Plan, adopted by City Council in February 2018,includes this project as a high priority. This project also supports implementation of the 2016 Tigard Triangle Urban Renewal Plan. DATES OF PREVIOUS CONSIDERATION Council adopted the Stormwater Master Plan in February 2018, and adopted the Fiscal Years 2020-2026 Capital Improvement Plan which includes this project in June 2019. Fiscal Impact Cost: 160,000 Budgeted (yes or no): yes Where Budgeted (department/program): 510 Stormwater Fund Additional Fiscal Notes: The City share of the project is set in the Intergovernmental Agreement at an amount not to exceed 160,000. Project#94044- Tigard Triangle Stormwater Implementation Plan/Predesign is budgeted in the adopted FY20-25 Capital Improvement Plan and includes $145,000 in external expenses funding in the current fiscal year 2020. The remaining$15,000 needed will not be invoiced by CWS until FY 21 and will be budgeted with available Stormwater Fund dollars in the requested FY21 budget process. Attachments CWS IGA Triangle Stormwater INTERGOVERNMENTAL AGREEMENT BETWEEN CLEAN WATER SERVICES AND THE CITY OF TIGARD FOR PREPARATION OF A RED ROCK CREEK SUB-BASIN STRATEGY AND IMPLEMENTATION PLANNING PROJECT NO. 7044 This Agreement dated 20 , is between Clean Water Services (District) a county service district organized under ORS Chapter 451 and the City of Tigard, Oregon(City) an Oregon municipal corporation. A. RECITALS 1.ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local governments to delegate to each other authority to perform their respective functions as necessary. 2.City and District intend to jointly undertake the Red Rock Creek Sub-Basin Strategy Strategy) and Implementation Planning (Plan) Project (Project), to address stormwater management and hydromodification in the Red Rock Creek watershed including the area known as the Tigard Triangle. 3.City and District prepared a scope of services for a planning consultant to assist with development of the Strategy and Plan, and selected Otak, Inc. (Consultant) to perform those services. District and City negotiated a contract with Consultant. District entered into a contract with Consultant and District and City will share Project costs. 4.City and District agree that the Project includes administration and management of Consultant's contract, review of all Consultant prepared documents, and preparation of a final Plan document. NOW, THEREFORE, the parties do agree as follows: B. CITY OBLIGATIONS City shall: 1.Designate an individual to serve as City Project Manager. 2.Participate in Project meetings with District and Consultant. 3.Review and provide timely comments on Consultant submittals. 4. Provide access to the City-owned portions of the Project area as needed. 5.Review Consultant invoices for Project work provided by District and provide feedback or approval to District within one week. Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 1 of 13 6.Pay quarterly invoices from District for the City's share of the cost of Consultant services associated with the Project Scope of Work attached as Exhibit A. The City's share of the Project will be 70 percent of the cost of Consultant's services. In no event shall City's payment under this Agreement exceed $160,000 without the parties entering into an amendment to the Agreement. C. DISTRICT OBLIGATIONS District shall: 1.Contract with Consultant for District and City planning services. 2.Coordinate project meetings with Consultant and City. 3.Coordinate review of Consultant submittals. 4.Review and process all Consultant invoices. District Project Manager shall confirm status of work with City Project Manager prior to paying Consultant invoices. 5.Ensure Consultant's performance of work detailed in Consultant contract and described in Exhibit A. 6.Invoice City quarterly for City's 70 percent share of Consultant costs based on invoices received by District from Consultant. 7.Make payments to Consultant. District's share of the Project costs will be 30 percent of the cost of Consultant's services. In no event shall District's contribution exceed $70,000 without the parties entering into an amendment to the Agreement. 8.Provide City with copies of Consultant's work products. 9.Obtain written approval from City prior to making any contract amendments with Consultant that would affect the scope of services or the cost for City. D. GENERAL TERMS 1.Amendment of Agreement City and District may amend this Agreement from time to time, by mutual written agreement. 2.Indemnification Clause Within the limits of the Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, each of the parties shall indemnify and defend the other and their officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character relating to or arising from this Agreement(including the cost of defense thereof, including attorney fees) in favor of any person on account of personal injury, death, damage to property, or violation of law, which Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 2 of 13 arises out of, or results from,the negligent or other legally culpable acts or omissions of the indemnitor, its employees, agents, contractors or representatives. 3.Resolution of Disputes If any dispute arising out of this Agreement can not be resolved by the project managers from each party, the City Manager and District Chief Executive Officer will attempt to resolve the issue. If the City Manager and District Chief Executive Officer are not able to resolve the dispute, the parties will submit the matter to mediation, each party paying its own costs and sharing equally in common costs. If the dispute is not resolved in mediation, the parties will submit the matter to arbitration. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided by Oregon law. 4.Laws and Regulations City and District agree to abide by all applicable laws and regulations. 5.Integration This document constitutes the entire agreement between the parties on the subject matter hereof and supersedes all prior or contemporaneous written or oral understandings, representations or communications of every kind on the subject. No course of dealing between the parties and no usage of trade shall be relevant to supplement any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this agreement and no waiver by a party of any right under this Agreement shall prejudice the waiving party's exercise of the right in the future. 6.Term of Agreement This Agreement is effective from the date of execution by both parties until the completion of all obligations created by this Agreement. 7.Termination This Agreement may be terminated only by mutual written agreement of both parties. 8. Interpretation of Agreement A. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. B. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in constructing or interpreting this Agreement. 9.Severability/Survival If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. All provisions concerning the limitation of liability, indemnity and conflicts of interest shall survive the termination of this Agreement for any cause. Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 3 of 13 10. Approval Required This Agreement and all amendments, modifications or waivers of any portion thereof shall not be effective until approved by 1) District's Chief Executive Officer or the Chief Executive Officer's designee and, when required by applicable District rules, District's Board of Directors and 2) City Manager and, when required by applicable City rules, the City Council. 11. Choice of Law/Venue This Agreement and all rights, obligations and disputes arising out of the Agreement shall be governed by Oregon law. All disputes and litigation arising out of this Agreement shall be decided by the state courts in Oregon. Venue for all disputes and litigation shall be in Washington County, Oregon. N WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above. CITY OF TIGARD, OREGON CLEAN WATER SERVICES By: By: Marty Wine, City Manager Diane Taniguchi-Dennis, City of Tigard Chief Executive Officer APPROVED AS TO FORM District Counsel Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 4 of 13 EXHIBIT A SCOPE OF WORK AND SPECIAL TERMS AND CONDITIONS WATER RESOURCES SERVICES FOR THE RED ROCK CREEK SUB-BASIN STRATEGY AND IMPLEMENTATION PLANNING PROJECT NO. 7044 I. PROJECT DESCRIPTION A large portion of Red Rock Creek is contained within an area known as the Tigard Triangle (Triangle) as depicted on Exhibit Al. The Triangle currently contains several big-box developments, some residential, institutional and other commercial land uses, as well as significant wetland and other natural features. This area is slated for extensive redevelopment by the City of Tigard(City) as well as TriMet's light rail extension. In order to accommodate the new development and be consistent with District's hydromodification programs, City and District are coordinating efforts to draft a Sub- Basin Strategy for Red Rock Creek and associated implementation plans. The Sub-Basin Strategy will include Red Rock Creek(I-5 to confluence with Fanno Creek) and the portion of Ball Creek within the Triangle(I-5 to OR 217) (Project Area) as shown on Exhibit Al. The Sub-Basin Strategy will determine existing and predict future flows, identify a suite of approaches to convey and manage those flows while enhancing stream ecology and preventing further degradation to the stream, and provide the City with project implementation plans for Red Rock Creek. II. SCOPE OF WORK Task 1 —Project Management Consultant shall: 1. Provide a qualified cohesive Project team to deliver a technically sound work product completed on schedule and within budget. Activities shall include planning, scheduling, communication, coordination, quality control, Project status reporting and Project invoicing. 2. Coordinate and attend a Project kick-off meeting with City and District Project management staff to discuss Project elements,background, scope, schedule, design criteria, operation and maintenance concerns, and City and District preferences and Project goals. District will provide Consultant copies of as-built or record drawings of the system, as requested by Consultant. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 5 of 13 3. Develop a schedule identifying critical tasks to meet the Project completion date. The schedule shall be updated as necessary and reflect the resources required to meet Project deadlines. 4. Perform Project management duties including regular phone updates, monthly invoicing, and monthly Project status reports, management of schedule,budget and scope to meet Project requirements. Project status reports shall list activities completed, Project challenges, proposed solutions to challenges, current schedule, goals for the coming month, and Project budget conditions. Identify and describe potential changes to the Project scope of work that occur during the reporting period that influence Project budget or schedule in the Project status report. 5. Provide technical support to stakeholder meetings with agencies such as US Army Corps of Engineers,National Marine Fisheries Service, Oregon Department of Environmental Quality, Oregon Department of State Lands, Oregon Department of Transportation, TriMet and other critical groups as defined by District. 6. Schedule and coordinate work conducted by subconsultants. Manage subconsultant billing, planning, schedule and budget management, quality control, cost tracking and invoicing. Subconsultant activities shall be detailed in the monthly Project status report. 7. Coordinate and manage the Project Team at each phase of design. Coordinate design reviews and implementation of design review comments. For each deliverable Consultant shall review and compile all review comments received and provide a response to each comment in a comment-response log. 8. Coordinate communication and work tasks with the team, District, and subconsultants to meet Project schedule. Task 1 Deliverables A. Meeting agenda and meeting minutes. Consultant will submit meeting agendas to District within five business days before each meeting and meeting minutes within five business days following each meeting documenting action items and decisions. B. Initial Project schedule in Microsoft Project format due within ten business days of District's Notice to Proceed(NTP). C. Monthly Project status reports no later than the twenty-fifth of each month for services performed the previous month. Bi-weekly e-mail Project progress updates as needed. D. Comment and Response logs to be submitted with each Task Deliverable. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No.7044 Page 6 of 13 Task 2 —Develop a Sub-Basin Strategy for Red Rock Creek 2.1 Review Existing Data Consultant shall: A. Review data provided by District and the City to support Sub-Basin Strategy development and later Project tasks. The following data will be provided by District to Consultant for review: i. Current land use in the Red Rock Creek Project Area including; property ownership, impervious surface cover(current and future), buildable lands inventory, land use history, and current and future zoning ii. Available terrestrial and aquatic habitat quality iii. Potential jurisdictional wetlands, waters, buffers, and vegetated corridors iv. Ten key stream sections that are representative of different conditions in the Project Area (Critical Reaches). v. Relevant portions of existing plans (land use, transportation, infrastructure masterplans, etc.) pertaining to Red Rock and/or Ball Creek B. Identify and provide recommendations for how critical data gaps may be addressed to enable completion of Tasks 2.3, 3.1, and 3.2. 2.2 Analysis A. Consultant shall perform further investigation and analysis of the Critical Reaches including: i. Characterization of geomorphic conditions in each Critical Reach ii. Documentation of current bank materials and channel substrate iii. Channel and floodplain structure iv. Outfall locations v. Known and potential impacts from hydromodification B. Based on District and City regulations and enhancement goals, data review, and Critical Reach analyses, Consultant shall recommend BMP performance metrics for each Critical Reach. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 7 of 13 2.3 Develop Sub-Basin Strategy Consultant shall: A. Draft a Sub-Basin Strategy(Draft) to address hydromodification and other development impacts. District will define the Sub-Basin Strategy products in coordination with Consultant to include, but not limited to, format, content, level of analysis and detail. Consultant shall include the following elements in the Draft: i. Watershed characterization summary ii. Stormwater approaches including, but not limited to, low-impact development, stream corridor enhancement, and upland detention/retention. This will include: a. Locations for implementation of stormwater approaches b. Opportunities for co-location c. Specific catchments d. Design considerations e. Cost estimates (including land) f. Permitting considerations g. Other approach specific information as needed iii. Recommended policies and/or code changes iv. Opportunities to coordinate with existing plans and projects such as redevelopment, transportation, parks, etc. v. Potential funding alternatives including: a. Establishing or refining current methodology to assign a proportional cost of regional projects to development and redevelopment sites b. Overview of leverage points between City departments and other stakeholders c. Stormwater approach concepts that can be used/presented to mitigate impacts from Tri-Met/ODOT projects d. Grant and loan options e. Other innovative funding mechanisms vi. A stakeholder communication, outreach, and engagement plan including: a. Identification of key stakeholders b. Information and graphics for public and stakeholder meetings, including renderings of possible projects c. Table or graphic showing regional projects and triggers for when they need to be built (e.g., how to phase/sequence the needed projects) B. Prepare a Technical memo summarizing the data review and analysis performed in Tasks 2.1 and 2.2. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 8 of 13 Task 2 Deliverables A. Technical memo summarizing data review from Task 2.1 in Word format by February 7, 2020. B. Draft Sub-Basin Strategy in Word format by March 20, 2020. C. Final Sub-Basin Strategy in Word and PDF format, incorporating District and City comments by May 22, 2020. Task 3 —Develop Project Implementation Plans 3.1 Technical Analysis of Current Conditions in Red Rock Creek Basin Consultant shall: A. Apply appropriate hydrologic and hydraulic models to provide an assessment of current conditions in the Project Area. B. Determine the volume of water flowing under current development conditions in Red Rock Creek along its length and over a range of discharge events. C. Assess how well the stream channel and associated stream corridor convey flow without further impacts. i. Identify and document reference reaches, scour critical stream conditions, and hydraulic controls. Document bed and bank materials by visual inspection to estimate stable velocity thresholds. ii. Perform a limited geotechnical analysis focusing on stream corridors to identify likely areas of instability and areas of potential infiltration based on soil maps, geologic maps, and other sources of geotechnical information generated from the Tigard Stormwater Master Plan. iii. Perform cross-section surveys and create a longitudinal profile in consultation with and using District guidance at the 10 Critical Reaches identified in Task 2. These shall be suitable for use in conducting the hydraulic modeling for approximately 1.5 miles of stream channel. Where able, mowed access paths will be provided for Consultant access by the City. Channel cross sections will be taken: a. Upstream and downstream of bridges and culverts (four for each bridge and culvert plus bridge/culvert data to include bridge opening shape, abutments and low chord, and length and culvert type, size, and inverts to aid in developing the HEC-RAS model.) b. Upstream and downstream of hydraulic controls (two for each hydraulic control) c. At each Critical Reach(10 total) for an estimated total of 60 channel cross sections. A subset of 15 cross sections shall include survey of overbank areas. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 9 of 13 iv. Update the HSPF TRUST model for Project Area with revised infiltration rates, the extended period of rainfall record and basin delineation of major outfalls within the Project Area(approximately 15 outfalls). v. Re-run the HSPF model and extract flow duration curves from the updated HSPF model in the Red Rock Creek catchment for a range of desired flows to be provided by District, but not to exceed the 100-year peak stormflow. vi. Develop a 1D steady flow model using HEC-RAS with rating curves based on HSPF TRUST flow duration model results. vii. Assess flow variables at the Critical Reaches identified in Task 2, with particular attention to stream power and shear stress conditions relative to bed and bank materials and instream structures. viii. Use rating curves to determine shear stress and velocity duration curves for design of proposed stream corridor. 3.2 Prepare Technical Memorandum No. 1 A. Technical Memorandum No. 1 (TM No. 1) shall summarize the analysis and model results from Task 3.1. TM No. 1 shall include but not be limited to maps, graphs, charts, graphics, and narrative and detailed methods used to analyze and carry out modeling that are replicable on future projects. Data generated in this Task shall be provided in Excel where appropriate) and a format appropriate to conduct modeling and further analysis using standard HSPF and HEC-RAS models. 3.3. Model Future Conditions in the Project Area In order to predict future impacts to the streams in the Project Area, hydrologic and hydraulic analysis will be necessary to estimate future infiltration, runoff, instream and floodplain conditions when inundated with and without interventions. Using data from Tasks 2 and output from 3.1, Consultant shall: A. Develop and run a"future conditions" HSPF/TRUST model based on future land use changes provided by District to account for changes in impervious area and pervious area conditions, and anticipated water quality treatment facilities/LIDA to give a new runoff and flow duration output into Red Rock Creek. B. Use the existing channel condition data, HSPF/TRUST base hydrology with appropriate water quality facilities and HEC-RAS model, and"future conditions" land use to develop a hydraulic scenario to support Conceptual Design of instream and floodplain enhancements. 3.4 Evaluate Approach Alternatives Consultant shall: A. Use the Existing Conditions, Future Conditions, and Conceptual Design developed above to model three approach alternatives. Each alternative shall include the proposed stormwater projects outlined in the Tigard Stormwater Master Plan. The three Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 10 of 13 alternatives shall focus on additional approaches, such as upland detention/retention, outlined in Task 2.2 to address future run-off. B. Evaluate Alternatives i. Add potential stream corridor enhancements to the HEC-RAS model using District's enhancement hierarchy, considering multiple objectives in enhancement schemes. Analyze hydraulic results against existing hydraulic conditions. Determine threshold flow hydraulics at critical sections to estimate the upper limit of runoff that could be directed toward the stream corridor based on comparing existing to post-enhancement unit stream power, velocities, and/or shear stress. ii. Recommend detention storage volumes, locations and configurations using the TRUST model to manage runoff above threshold flows, with the outflow from detention storage incorporated as a component of the threshold flows. iii. Identify opportunities for infiltration including those associated with on-site water quality LIDA. 3.5 Prepare Technical Memorandum No. 2 A. Technical Memorandum No. 2 (TM No. 2) shall summarize the analysis and model results from Tasks 3.3 and 3.4. TM No. 2 shall include, but not be limited to, maps, graphs, charts, graphics, and narrative and shall include detailed methods used to analyze and model that are replicable on future projects. The memo shall also include a recommendation for a package of approaches based on the alternatives analysis. Data generated in this Task shall be provided in Excel (where appropriate) and a format appropriate to conduct modeling and further analysis using standard HSPF and HEC-RAS models. 3.6 Draft Project Implementation Plans Consultant shall: A. Use the Sub-Basin Strategy, existing City Capital Improvement Project plans and analytic results from Tasks 3.1 through 3.3 to develop up to four Project Implementation Plans documenting appropriate implementation strategies. The Project Implementation Plans shall focus on high-priority areas highlighted in the Tigard Triangle Stormwater Implementation Plan. Consultant shall work with District and City to identify the projects for implementation plan development and to define the Project Implementation Plan products. The specific components needed for each Project Implementation Plan shall include the following elements: i. Predesign (10% design) work establishing size, layout, design elements and criteria, permitability, constructability, expected property acquisition/easement needs, and costs. ii. Step-wise strategy for completing projects including but not limited to: a. Permitting approach b. Additional data collection and modeling Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 11 of 13 c. Land acquisition d. Other related steps to implement projects iii. Coordination plan to work with city parks and trails master plan efforts to accommodate expected trail alignment within restored stream, floodplain and greenway corridors. iv. Key partners and opportunities for coordination of projects. v. Phasing and sequencing of stormwater project recommendations tied to redevelopment actions. Include a table or graphic depicting regional projects and critical timing and coordination factors for scheduling and phasing construction. Project Implementation plans will include up to two 11x17 design sheets and up to four 8.5x11 pages documenting the items from Task 3.4 in a consistent format, in both Word and PDF files. 3.7 Finalize Tigard Triangle Implementation Plan Consultant shall: A. Create a final Tigard Triangle Implementation Plan to include: i. Executive Summary ii. Implementation Triggers and Phasing iii. Basis of Approach iv. Summary Map of all Project Implementation Plans v. Attached Project Implementation Plans vi. Attached Sub-Basin Strategy vii. Incorporation of District and City comments Task 3 Deliverables A. TM No. 1 summarizing analysis and model results from Task 3.1 by April 14, 2020. B. TM No. 2 summarizing analysis and model results from Tasks 3.3 and 3.4 by April 20, 2020. C. Draft Project Implementation Plans by June 26, 2020. D. Final Project Implementation Plans by July 17, 2020. III. PROJECT MANAGMENT The Project Manager for District is Chris Faulkner. The Project Manager for Consultant is Joshua Owens. Exhibit A to Intergovernmental Agreement City of Tigard and Clean Water Services Red Rock Creek Sub-Basin Strategy and Implementation Planning Project No. 7044 Page 12 of 13 9'n. E .' 0 00 I cc, N p en LcDz _ v. et c v I:'—',' a mY C") m a G a:to Qyo aA xLL` tttQ.d - c L,.,-" F-:; 5 uj /3Eft o C C x U c. COC W d- cl0. th i t cn C..) PG F r, i U u" f n t s r a. I d q'I O PN..+x b T" YZ' m T M c.3$ ti Y‘ CI qq. v Yi r AIS-4088 9. Business Meeting Meeting Date: 01/14/2020 Length (in minutes): 5 Minutes Agenda Title: Consider a Resolution Concurring with Washington County Findings Regarding Vacation of Public Easements Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution Main Public Hearing: No Publication Date: Information ISSUE Shall City Council approve a resolution concurring with Washington County findings regarding vacations of public easements? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of the resolution as presented. KEY FACTS AND INFORMATION SUMMARY On November 5,2019, the Washington County Board of Commissioners adopted Resolution and Order 19-101,vacating portions of public slope, drainage and utility easements along SW Roy Rogers Road. The parcel of land encumbered by these easements is in the process of being developed and, due to the proposed improvements, these portions of existing public easements are no longer needed by the public. There will be no adverse impacts to the public or on the abutting properties. Because these easements are in the City of Tigard, state statute requires the City concur with the findings of the County. This resolution concurs with Washington County's findings. OTHER ALTERNATIVES Council could choose to not concur with Washington County's findings. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS This vacation supports implementation of the 2014 River Terrace Community Plan. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Resolution Vacation Report CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19- A RESOLUTION CONCURRING WITH WASHINGTON COUNTY FINDINGS REGARDING VACATION OF PORTIONS OF THE PUBLIC SLOPE, DRAINAGE, AND UTILITY EASEMENTS ALONG SW ROY ROGERS ROAD WHEREAS, Washington County Board of Commissioners Resolution and Order No. 19-101 (the Order) ordered the vacation of portions of the public slope, drainage, and utility easements along SW Roy Rogers Road, as granted in Deed Document 2001-125713, situated in the northeast One-quarter of Section 7, T2S, RI W, Willamette Meridian, Washington County, Oregon, as described and shown in the attached Vacation Report;and WHEREAS,after receiving notice of the proposed vacation and prior to the County adoption of the Order,the City of Tigard reviewed the proposed vacation and concurs with the findings of the County;and WHEREAS, ORS 368.361 (3)provides that a county body may vacate property that is under the jurisdiction of the county,and that is entirely within the limits of a city,if the city concurs with the findings of the county. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Based upon the above findings,which are incorporated herein by reference,the City Council concurs with the findings of Washington County as specified in Washington County Board of Commissioners Resolution and Order No. 19-101. SECTION 2: A copy of this Resolution shall be provided to the Washington County Surveyor's Office. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2019. Mayor-City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 19- Page 1 1 ' IN THE BOARD OF COUNTY COMMISSIONERS 2 FOR WASHINGTON COUNTY, OREGON 3 In the Matter of the Vacation of Public RESOLUTION AND ORDER Easements, situated in the northeast One- )No. 1 9 — I D 1 4 quarter of Section 7, T2S, R1 W, W.M., VACATION NO. 559 Washington County, Oregon 5 6 The above entitled matter having come regularly before the Board at its meeting November 7 5, 2019; and 8 It appearing to the Board that a petition has been filed to vacate a portion of the public 9 slope, drainage, and utility easements situated in the northeast One-quarter of Section 7, T2S, 10 ! RI W, W.M., Washington County, Oregon, as described and shown in the attached Vacation 11 Report. The petition was signed by owners of 100%of the property to be vacated, pursuant to 12 ORS 368.351; and 13 It appearing to the Board that said petition did describe the portions of easements proposed 14 to be vacated, the names of the parties to be particularly affected thereby, and set forth the 15 i particular circumstances of the case; and 16 1 It appearing to the Board that the easements, proposed to be vacated, are under the 17 jurisdiction of Washington County and entirely within the corporate limits of the City of Tigard, 18 Oregon, as described in ORS 368.361(3); and 19 It appearing to the Board that the easements proposed to be vacated are no longer needed 20 for the use of the public; and 21 I It appearing to the Board that the County Road Official did examine the area proposed to 22 be vacated and hereby submits to the Board the Vacation Report attached hereto, and by this Page 1 - RESOLUTION AND ORDER ( ) WASHINGTON COUNTY COUNSEL 161 NW ADAMS AVENUE,SUITE 305,MS#24 HILISBORO,OR 97124 PHONE(503)846-8747-FAX(503)846-8636 1 reference made a part hereof, in accordance with ORS 368.351(1); it is therefore 2 RESOLVED AND ORDERED that the easements, proposed to be vacated and more 3 particularly described in the attached Vacation Report, are hereby vacated as it is in the public 4 interest. This vacation shall become final upon the formal concurrence of the City of Tigard by 5 either resolution or order pursuant to ORS 368.361(3); and it is further 6 RESOLVED AND ORDERED that the County Surveyor of Washington County, Oregon, 7 be and hereby is authorized and directed to mark the vacated easements on the plats and records of 8 Washington County, Oregon; and it is further 9 RESOLVED AND ORDERED that the County Surveyor of Washington County, Oregon, 10 be and hereby is authorized and directed to have this order of vacation and the resolution or order 11 by the City of Tigard recorded in the records of Washington County, Oregon, and cause copies of 12 this order to be filed with the Director of Assessment and Taxation and the County Surveyor's 13 Office in accordance with ORS 368.356(3). 14 15 DATED this 5th day of November, 2019. 16 AYE NAY ABSENT BOARD OF COUNTY COMMISSIONERS 17 HARRINGTON FOR WAS INGTON COUNTY, OREGON 18 SCHOUTEN VI'O57/ TREECE LAIR THRYNH' 97(7- NG --TON 19 ROGERS WILLEY ikiaug-vt-a 20 f Y RECORDING SECRET Y 21 Approved as to form 22 464 0-11111 Co ey D. Duke-Driessen I Assistant County Counsel Date: 10/i1 /ici Page 2 - RESOLUTION AND ORDER ( ) WASHINGTON COUNTY COUNSEL 161 NW ADAMS AVENUE,SurrE 305,MS#24 HILLSBORO,OR 97124 PHONE(503)846-8747-FAX(503)846-8636 DEPARTMENT OF LAND USE & TRANSPORTATION REPORT ON VACATION NO. 559 November 5, 2019 VACATION OF PORTIONS OF PUBLIC SLOPE, DRAINAGE, AND UTILITY EASEMENTS A request for vacation proceedings has been received by the staff for the Board of County Commissioners to vacate portions of public slope, drainage, and utility easements, said easements being granted in Deed document numbers 2001-125713, and more particularly described and shown in Exhibit A, attached hereto. The owners of the property abutting the portions of easements to be vacated are: 2S107, TL 1200, 2000 Polygon WLH, LLC 703 Broadway Street#510 Vancouver, WA 98660 CRITERIA FOR EVALUATION OF ROAD VACATION REQUEST 1) Conformance with the County's Comprehensive Plan The public easements proposed to be vacated are not required by the Transportation Plan. 2) Use of the Right-of-Way The public slope, drainage, and utility easements proposed to be vacated were originally granted in 2001 to facilitate the widening of SW Roy Rogers Road. In conjunction with the residential development, the area has been graded and utilities relocated eliminating the need for the public easements. 3) Impact of Utilities and Emergency Services There are no adverse impacts to public utility providers or emergency services. 4) Limits of Vacation and Evaluation of"Public Road" Status The public easements, proposed to be vacated, are not needed for public use as a result of the subdivision being developed. The limits of the easements proposed to be vacated are logical and justifiable. Vacating these portions of public easements will not have any adverse impacts on the abutting properties or utilities. Based on the above statements, it is recommended that the Board of Commissioners grant the vacation of the easements proposed herein, as it is in the public interest. 14131)( Stacy Sh er, P.E. Washingt n County Engineer I[itlliiiliiI \ fl`til'„li EXHIBIT A September 16, 2019 LEGAL DESCRIPTION Job No. 395-103 Vacation of a Permanent Slope Ft Drainage Easement and a Permanent Utility Easement PARCEL I - PERMANENT SLOPE a DRAINAGE EASEMENT Vacation of a Permanent Slope Et Drainage Easement in its entirety, as acquired by Eminent Domain in Court Case No. C99-0961CV, as recorded in Document No. 2001-125713, Washington County Records, within Parcel 2, Partition Plat No. 1998-005, Washington County Nat Records, in the Northeast Quarter of Section 7, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon. Containing 11,499 square feet, more or less. PARCEL II - PERMANENT UTILITY EASEMENT Vacation of a Permanent Utility Easement in its entirety, as acquired by Eminent Domain in Court Case No. C99-0961 CV, as recorded in Document No. 2001-125713, Washington County Records, within Parcel 2, Partition Nat No. 1998-005, Washington County Plat Records, in the Northeast Quarter of Section 7, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon. Containing 8,697 square feet, more or less. Basis of bearings being Partition Plat No. 1998-005, Washington County Plat Records. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 9,2002 TRAVIS C.JANSEN 57751 RENEWS: 6/30/2021 Page 1 of 3 12564 SW Main Street,Tigard,OR 97223 4 In 503-941-9484 [F] 503-941-9485 N44'50'36"E N89'20'47"E_ 13.92' 0.66' SW BULL MOUNTAIN ROAD_ lr COUNTY ROAD NO. 262) 1 S0011'09"E IN 61.22' N. Tri 511'29'48"E b N 66.91' M 0 PERMANENT UTILITY EASEMENT z r N 0i N O Z : j h- W N z D I IN v , 0O Q N ( Y' fy 0 ' PARCEL 1 PARTITION PLATV) 3 N NO. 1998-005 0 tin - 0 0 vt i N CY - con. 0 P o X S89'3015"W 1 3.73' RIGHT-OF-WAY DEDICATION 7.22' PARCEL 2 PER DOCUMENT NO. 2018-068463 1 PARTITION PLAT I NO. 1998-005 E I I i1 3.73' 8 45.27 49.00' G4) 1 1 I EXHIBIT A VACATION OF A PERMANENT SLOPE & DRAINAGE EASEMENT DRAWN BY: FAA DATE: 9/16/19 REVIEWED BY: TCJ DATE: 9/16/19 12564 SW Main St PROJECT NO.:395-103 t l f Tigard, OR 97223 SCALE: 1"=150' M 111 t 11 t t t t t 1 T] 503-941-9484 I ) ,,t F] 503-941-9485 PAGE 2 OF 3 r II N89 20'47"E 9.84' t SW BULL MOUNTAIN ROAD_ COUNTY ROAD NO. 262) N00'11'09" WIt 800'11'09"E61.22' 61.30' N11'29'48"W S1179'45"E 66.91' 0 66.91' us PSI Si -1 g N n1 0 N 4c,N CCW N _N Z O O o 0 0 0 0 a l ( Z N 0 d PARCEL 1 tn 04 0N PARTITION PLAT a cc NO. 1998-005 o mt a rx1 N 3f") offN M• p N89'30'15"E 0 7.22' to0 1 3.73' RIGHT-OF-WAY DEDICATION PER DOCUMENT NO. 2018-068463 X N00'29'45"W 248.33' PARCEL 2 800'29'45"E PARTITION PLAT N 182.68' NO. 1998-005 r 9 i 589'20'47"W 10.50' W13.73, 45.27'6) ,49.00' I EXHIBIT A VACATION OF A PERMANENT UTILITY EASEMENT DRAWN BY: FAA DATE: 9/16119 e REVIEWED BY:TCJ DATE: 9/16/19 0, 00"!" "'"` ,.- 12564 SW Main St PROJECT NO.:395-103 I ':I L I 1 It Tigard, OR 97223 SCALE: 1`=150' I I I I 1 I t I I I I t s 1] 503-941-9484 I , i . , 1 I F] 503-941-9485 PAGE 3 OF 3 AIS-4092 10. Business Meeting Meeting Date: 01/14/2020 Length (in minutes): 10 Minutes Agenda Title: Tigard's State and Federal Advocacy Agendas Prepared For: Marty Wine, City Management Submitted By: Nicole Hendrix, City Management Item Type: Motion Requested Meeting Type: Council Business Meeting Main Public Hearing: No Publication Date: Information ISSUE Will Council adopt state and federal advocacy agendas for 2020? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council: Review and provide feedback on the attached draft priorities list; Choose 2-4 issues and priorities each for Tigard's state and federal agenda; Approve the state and federal agendas for Tigard's advocacy in 2020. KEY FACTS AND INFORMATION SUMMARY Each year the Council considers council goals, community and partners'priorities,issues and opportunities for Tigard to represent its interests at the state and federal level in legislative and agency meetings. Council is asked to provide direction on priorities for 2020 for Tigard advocacy and adopt its legislative agenda. The Oregon state legislative session is from Feburary 3 to March 7, 2020 (short session). Tigard's priority in this legislative session is a request for funding for the 99W Corridor study,which is a partnership among local jurisdictions to establish a plan to position 99W well for future funding and improvements. This year,Tigard is engaging the assistance of CFM Communications to help the city advocate for both federal and state agendas. Attached are the League of Oregon Cities'legislative agenda, the 2018 state legislative agenda (as example only),and a draft list of 2020 priorities for council consideration. Upon Council adoption, staff will produce the final form of the state and federal agenda for Council to use in upcoming meetings. OTHER ALTERNATIVES Provide feedback to remove or add issues to the draft 2020 agendas,and consider adoption at an upcoming meeting. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The state and federal legislative agendas help guide policy and advocacy actions in 2020. Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality. Goal 5: Enhance walkability and enhance pedestrian connectivity. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time that 2020 issues and agendas are before the Council for review. Attachments 2020 Priorities List LOC 2020 Priorities 2018 State Agenda (Example) II TIGARD. City of Tigard 2020 Legislative Agendas FEDERAL Infrastructure and Transportation. Aligned with National League of Cities' priorities, Tigard supports an infrastructure package and timely reauthorization of the Fixing America's Surface Transportation (FAST) Act that rebuilds our infrastructure in partnership with local governments. A long-term plan is needed that works holistically to improve our nation's water, broadband, and transportation systems while also investing in workforce skills training that can maintain, build, and strengthen our infrastructure. Transportation resources are necessary to facilitate economic growth,job creation, reduce traffic congestion, and improve transportation choices within our community. Congress should develop and pass a comprehensive long-term transportation reauthorization bill, provide robust funding for bridges, highways, mass transit, and other local infrastructure needs. Within the transportation reauthorization bill,Tigard supports the following priorities: Creation of programs that allow municipalities direct access to federal resources and competitive grants. Today, more than 90%of federal highway assistance is distributed to states by formula. Maintaining and increasing funding for New Starts, Infrastructure for Rebuilding America INFRA) and Better Utilizing Investments to Leverage Development (BUILD). Providing more funding and set asides to local governments within key transportation programs, including the Surface Transportation Block Grant and the Transportation Alternative Program. Maintaining the Categorical Exclusion for projects with minimal federal participation and streamline the federal permitting process. A long-term, sustainable, and reliable funding solution for the Highway Trust Fund. Better Utilizing Investments to Leverage Development (BUILD) Grants.Tigard has the following projects with a nexus of important economic development, congestion mitigation, and active transportation goals that could be good candidates for the BUILD program. Projects include: Red Rock Creek Trail Bridges. The City of Tigard's central urbanizing districts need active transportation alternatives to the limited access roads that cross through the city.The proposed Red Rock Creek Trail is a watershed-based system that can provide the connectivity needed. Two bridges are required to cross a highway and railroad that completes the system's connection to regional trails, civic assets, and to serve affordable housing and commercial developments. A projected cost of$16 million would fund one stand-alone bike and pedestrian bridge for Red Rock Creek Trail and add a bike and pedestrian segment of the southwest corridor rail bridge project. Fanno Creek Trail. An alignment study is underway for the last, missing link of the Regional Fanno Creek Greenway Trail, between Bonita Rd and the Tualatin River. Grant funding would provide the resources necessary to complete design and construction of this trail segment, creating an important transportation connection that extends from Portland to Tualatin. Trail completion cost is initially estimated at$7-10 million. City of Tigard Legislative Agendas Outline 1 1111111 TIGARD Hall Blvd. Currently an Oregon Department of Transportation (ODOT) facility, the City is working with the State to evaluate the details of a jurisdictional transfer to Tigard, including expected costs to bring the roadway up to a state of good repair. In addition to regular pavement and other maintenance, Hall Blvd also has significant gaps in sidewalk and bicycle lane infrastructure. Hall Blvd is located along downtown Tigard and will also be located adjacent to a proposed TriMet light rail station. Hall will need significant upgrades in this area to add proper access to the light rail station, safety features, and bicycle/pedestrian/motorist/bus infrastructure. 217 Expansion. ODOT has work underway on an expansion from 99W through Beaverton. Additional improvements from 1-5 to 99W would help address safety and congestion on this important regional highway with connections into Tigard. The work should include upgrading or replacement of the 72'Ave interchange and overpass that is currently restricted, has difficult access and turn patterns, and does not provide for adequate bicycle or pedestrian facilities. 99W. The City of Tigard in partnership with the cities of Tualatin, King City and Sherwood, and TriMet, ODOT and Washington County are jointly requesting $1 million in State of Oregon funding for a Highway 99W Corridor Plan. The Highway 99W Corridor Plan will identify investments and policy updates needed to improve multimodal safety,transportation system management, economic activity, development and land use along a 10 mile stretch of State road. Southwest Corridor Light Rail Project. The City is a part of the coalition working to extend light rail service from Portland to Tigard. Portland's southwest metro area is rapidly expanding, and the Southwest Corridor Light Rail Project will bring high-capacity transit to this growing and increasingly congested area. The hours of congestion in the corridor are expected to increase by 17 percent by 2035, with light rail being one of the few options for counteracting this trend. New Starts and Small Starts programs, which are critical for regional transportation projects like this one, should be continued. Community Oriented Policing Services(COPS) Hiring Grant.Tigard intends to make application in the 2020 funding cycle for the COPS Hiring Grant and encourages reauthorization of its appropriation. Our city's focus will be on increasing neighborhood safety, reducing response times to high-priority calls, and focusing on public safety services that support our most vulnerable populations (people experiencing homelessness, behavioral health and mental illness services). The City strongly supports funding for additional police equipment. There are very few funding options at the federal level to help police departments purchase equipment although federal mandates continue to require costly upgrades. Building Seismic Resiliency. Tigard is likely in coming years to invest in replacing its essential public facilities including its police station, emergency operations center, city hall and public works facilities. Our focus will be to seek funding to help ensure the future resiliency of these centers from natural disasters and their sustainability for future generations. Telecommunications. While Tigard hopes to welcome new technologies like 5G, we support H.R. 530 that repeals recent harmful Federal Communications Commission (FCC) regulations that force local governments to subsidize the deployment of 5G wireless infrastructure on public property. In addition, the FCC's order on Public, Education and Government (PEG)fees could have significant revenue impacts to the City if cable companies can deduct the cost of their PEG offerings from their franchise fees. City of Tigard Legislative Agendas Outline 2 14 111 TIGARD. Tax Reform. Tigard supports two federal tax reform goals: Municipal bonds. Tigard supports advance refunding tax-exempt municipal bonds and bank qualified bonds. The Tax Cuts and Jobs Act of 2017 also eliminated the ability of municipal government to refinance bond debt. Refinancing bonds lowers the debt service for local governments and is a financing tool that reduces the tax burden on local residents. The City of Tigard supports restoration of the Advanced Refunding provision eliminated in the tax reform bill. The bank qualified provision offers a proven incentive for local banks to purchase the tax- exempt debt of small local governments and borrowers for bonds $10 million in bonds or less. Restore State and Local Tax(SALT) Deductions.The City is concerned about the impact on lower and middle-income families of the $10,000 cap on deductions for property, state and local taxes. The City supports full restoration of the SALT deduction. FY 2021 Program Levels. Maintain adequate funding levels for Community Development Block Grants CDBG), Economic Development Administration (EDA), Environmental Protection Agency (EPA) Brownfields Assessment and Cleanup, the Home Investment Partnerships Program (HOME) and Byrne Justice Assistance Programs. Tigard's Governmental Retirement Plans. Tigard sponsors and administers its own 401(a) and 457 retirement plans. Congress will consider several changes that will benefit plan participants and sponsors. Tigard encourages Congress to authorize full portability for Roth assets so that participants in governmental plans can consolidate their Roth IRAs with their plan assets and invest funds in both assets. The City would also encourage streamlining and simplifying plan administration by eliminating the "first of the month rule." Federal Emergency Management Agency(FEMA) and Endangered Species. A recent National Marine Fisheries Service (NMFS) Biological Opinion concluded that FEMA must change its implementation of the National Flood Insurance Program in Oregon to better protect endangered species within floodplains. NMFS's recommendations, as written, would require FEMA to go above and beyond its legal authority, amending and issuing new regulations that would subject communities to excessively restrictive floodplain development standards. City of Tigard Legislative Agendas Outline 3 III TIGARD STATE Transportation. 99W Corridor. The regional impact and value of State Highway 99W transcends local jurisdictions. The City of Tigard, in partnership with the cities of Tigard,Tualatin, King City and Sherwood, TriMet, ODOT and Washington County are seeking $1 million in State of Oregon funding for a Highway 99W Corridor Plan to identify the future investments and policy updates needed to improve multimodal safety,transportation system management, economic activity, development and land use along a 10-mile stretch of this State road. The partners have begun a preliminary scoping study to outline the full extent of a multi-jurisdiction transportation planning study. Partners will prepare a unifying strategy,with local and state partnership,to guide how this corridor will serve local, regional and state needs as growth continues to stress our shared infrastructure network. SW Corridor. The City is a part of the coalition working to extend light rail service from Portland to Tigard. Portland's southwest metro area is rapidly expanding, and the Southwest Corridor Light Rail Project will bring high-capacity transit to this growing and increasingly congested area. Tigard officials support funding to allow the light rail project to successfully attract riders and promote mixed use, transit-oriented development in the Tigard Town Center. Hall Blvd. This is an ODOT facility, but work is underway to evaluate the details of a jurisdictional transfer to Tigard, including expected costs to bring the roadway up to a state of good repair. In addition to needing regular pavement and other maintenance, Hall Blvd also has significant gaps in sidewalk and bicycle lane infrastructure. Hall Blvd is located along downtown Tigard and will also be located adjacent to a proposed TriMet light rail station. Hall will need significant upgrades in this area to add proper access to the light rail station, safety features, and bicycle/pedestrian/motorist/bus infrastructure. Speed Safety. A League of Oregon Cities (LOC) priority to bring back HB 2702 from 2019, which authorizes ODOT to delegate authority to the city or county to establish a designated speed on low- volume or unpaved highways under their jurisdiction. Staff is fully supportive of bringing back HB 2702 to allow increased local control of speed zones. This is consistent with current Council Goals and our interest to improve safety on Tigard's roadways. T2020. Metro Regional Government is considering major investments to address traffic, safety, climate and equity in the regional transportation system. Tigard supports a possible 2020 funding measure addressing traffic and safety on some of the region's most dangerous and congested corridors. Property Tax Reform. Tigard hopes to shape evolving property tax reform efforts to lay the groundwork for the 2021 session. Tigard supports past efforts to allow cities to use more property tax tools to address local funding issues, including support for referral to voters that would allow local control of temporary property tax outside of statewide caps; amending the state constitution to reset a property's assessed value to its real market value at the time of sale or construction; and a statutory change regarding the way new property is added to the tax rolls to provide the option of applying a city-wide changed property rate to new property. City of Tigard Legislative Agendas Outline 4 71 TIGARD Affordable Housing. Support legislation to remove barriers for local governments to address the housing affordability crisis and support state investments that increase access to, and supply of, affordable housing units. Tigard supports legislation, such as HB 3405 from 2019, that would provide state funds to cover local system development charges for the development of affordable housing. Along with League of Oregon Cities,Tigard supports efforts from the state to provide additional resources to local governments to increase the development of affordable housing. Homelessness. Support increased resources for unhoused persons with mental health issues, especially in crisis situations. Americans with Disabilities Act (ADA)Standards. In 2019, the City of Tigard completed an update to their mandated ADA self-evaluation and transition plan which the City Council then adopted. The transition plan identifies city facility elements in need of mitigation to achieve compliance with the ADA. Recognizing that bringing facilities into compliance is a long-term project,the city seeks ongoing funding. Bringing the City of Tigard's facilities into compliance will amount to millions over the coming decade. City of Tigard Legislative Agendas Outline 5 14 =2020 Legislative Priorities League of Oregon CitiesggCities ui •sing Codes Third-Party Building InspectionsII Housing & Development System Development Charges Housing Planning Implementation Affordable Housing Property Tax Exemption General Government Public Recordsitit m Police Accountability AIPublic Contracting Prevailing Wage Rate in E-zones cillMental Health Community Mental Health Funding 0 )) Telecommunications and Broadband Broadband Investment f Transportation IRO"Speed Safety Tax and Finance Lodging Tax 1 Farm Machinery Exemption Liquor Property Tax Reform 10 Water Stored Water Transfer Septic Loan Funding ORWD Funding for Basin-Specific Needs 2 Building Codes Third-Party Building Inspection:Likely find administrative process that would allow the use of third-party building inspection program to exist for smaller, frontier communities in Oregon. Questions? Contact Jim McCauley atjmccauley@orcities.org Housing and Development System Development Charges: Rep. Lewis plans to reintroduce a bill 3405) that would provide state funds to cover local system development charges for the development of affordable housing. The Speaker is also planning an SDC workgroup for the 2020-21 interim. LOC will support efforts from the State to provide additional resources to local governments to increase the development of affordable housing. Housing Planning Implementation: LOC is supporting the rulemaking process for HB 2001 and HB 2003 and will pursue opportunities to further the Legislature's understanding and support for additional technical assistance and infrastructure resources that enable cities to fully implement these new requirements and support the development of needed housing. Affordable Housing Property Tax Exemption Update: Home Forward in Multnomah County is working on a bill to update an existing local option property tax exemption (ORS 307.541) to align with new Low-Income Housing Tax Credit (LIHTC) rules. LOC will be reviewing this proposal to make sure it aligns with LOC's overall effort. Questions? Contact Ariel Nelson at anelson@orcities.org General Government Public Records: Any changes made to existing public records legislation must keep to the intent and spirit of the consensus product from 2017. The Public Record Council should remain a balanced body to resolve public records issues between record requesters and agencies. Further, the advocate should be accountable to elected official(s). 3 PoliceAccountabi/ity:Support effort to allow employers greater discretion in holding police officers accountable for acts that should result in termination. LOC will support and advocate for legislation that unanimously by the Senate in 2019 in 2020. Questions? Contact Scott Winkels at swinkels@orcities.org Public Contracting Prevailing Wage Rate in E-Zones(defensive position):LOC is currently serving on an interim workgroup related to a 2019 bill that did not pass. (HB 2408) would have applied prevailing wage rate to private projects if they receive a tax incentive/abatement. LOC is highly concerned that attaching onerous requirements to a proven incentive program that has bought local communities' incredible investment will negate the incentive and negatively impact the ability of local communities to attract economic development opportunities. We are hopeful that a compromise can be found through the workgroup process. Questions? Contact Tracy Rutten at trutten@orcities.org Mental Health Community Mental Health Funding.• LOC supports funding to stabilize community-based mental health services in partnership with counties and other service providers to support investments that close significant gaps in Oregon's mental health care system. The effects of state underfunded mental health and addiction services are felt acutely in cities across Oregon and have crosscutting impacts with homelessness, housing, law enforcement and other city services. Questions? Contact Scott Winkels at swinkels@orcities.org Telecommunications and Broadband Broadband Investment:LOC will support the Rural Telecommunications Investment Act of 2020 (RTIA) sponsored by Rep. Pam Marsh. This bill is a rerun of HB 2184 (2019). The RTIA is expected to provide $5 million annually for the 4 Oregon Broadband Office for broadband/high-speed internet deployment focused on 25 school districts and 50+ libraries without high speed internet access. The $5 million dollars will be generated by bringing the wireless users into Oregon's Universal Service Fund (OUSF). Additionally, the overall rate for all users will be reduced to 6% from 8.5%. The goal is to stabilize the OUSF which supports robust, reliable, and affordable advanced communications services in rural Oregon. The LOC along with many other stakeholders have been participating in a coalition to support the Rural Telecommunications Investment Act. Questions? Contact Jenna Jones atjjones@orcities.org Transportation Speed Safety:Bring back HB 2702 from 2019, which authorizes ODOT to delegate authority to city or county to establish a designated speed on low- volume or unpaved highways under their jurisdiction to all highways under the jurisdiction of the city or county. Questions? Contact Jim McCauley atjmccauley@orcities.org Tax and Finance Lodging Tax: There are currently two interim lodging tax workgroups. Rep. Marsh is looking at ways to enhance compliance. Rep. Keny-Guyer is looking at how short-term rentals exacerbate housing issues and whether local governments should have more discretion to spend lodging tax on affordable housing. Whether either of these workgroups will produce a bill for 2020 is unclear, but the League will continue to be involved in any lodging tax legislation. Farm Machinery Exemption: Rep. Marsh and Rep. Findley are leading a workgroup looking at ways to "clarify" the property tax exemption for farm machinery. During the 2019 session, advocates brought forward a bill that was described as clarifying policy, but it was clear it would have expanded the exemption and reduced revenue to communities. 5 Liquor: Proponents will likely bring a bill to reduce taxes on liquor sold out of tasting rooms. Early indications are that advocates will propose a reduction of 83% of the tax on the first 5,000 bottles at each tasting room. The League will weigh any benefits in terms of economic development with costs, including forgone revenue and likely public safety spending. Property Tax Reform: Property tax reform is not likely to be taken up in the short session, but if the legislature plans to make it a priority in 2021 there will need to be some significant work in 2020 to lay the groundwork. Questions? Contact Mark Gharst at mgharst@orcities.org Water Stored Water Transfers:LOC is working with the Oregon Farm Bureau, Trout Unlimited and other stakeholders in an effort to negotiate language to reinstate statutory authority for the Oregon Water Resources Department to accept applications to transfer stored water (including the character-of-use/purpose for the stored water as well as the location). LOC continues to believe that the interpretation that OWRD does not have statutory authority to transfer stored water is flawed. However, absent legal challenge, we need to ensure stored water can be transferred. Septic Loan Funding:LOC has been and continues to be in strong support of a program that provides low-interest loans to either repair/replace failing residential or small business septic systems, or to connect failing septic systems to an available municipal/public sewer system. This program is administered through a third-party entity (Craft3) and funded through the Department of Environmental Quality. However, the program did not receive needed funding during the 2019 legislative session. Additional funding is needed in order to continue to provide loans to low-income Oregonians. This program is important to cities as failing septic systems contribute to water quality challenges and are likely factors in harmful algal blooms in some parts of the state. Many septic systems are within city boundaries, but homeowners struggle to connect to available public sewer systems due to connection costs. 6 OWRD Funding for Basin-Specific Needs•LOC supported a budget policy option package (POP 103) during the 2019 session that would have provided needed additional staff at the Oregon Water Resources Department to help specific water basins navigate immediate regional water supply challenges. The basins that we are targeting for enhanced technical assistance through OWRD are the Willamette basin (for efforts to complete a significant reallocation of stored water in the basin) and the Deschutes basin. These basins have specific projects that will require state participation, but the state does not have adequate staffing resources that are necessary. Questions? Contact Tracy Rutten at trutten@orcities.org Oregon's 2018 Legislative Session: February 5—March 9 II1 I 4 Sen.Ginny Burdick SENATE DISTRICT 18 s_ 900 Court St.NE,S-213,Salem,OR 97301 sen.ginnyburdick@state.or.us li`4.8 Sen.Kim Thatcher is SENATE DISTRICT 13-KEIZER 900 Court St.NE,S-307,Salem,OR 97301 SheflreS with her own wings."-Judge Jessie Quinn Thornton sen.kimthatcher@state.or.us rI Rep.Margaret Doherty ZOlOHOUSEDISTRICT35O 900 Court StNE, Salem,OR 97301 Legislative Agendarep.margareretdoherty@rty@state.ocus Hep.A.Richard vial Tigard,ore onarHOUSEDISTRICT26ggtrl900CourtSt.NE,H-484Salem,OR 97301 a rep.richvial@oregonlegislature.gov ail 1 Tigard City Council yi dia III A a.?A1 Mayor Council President John Cook Jason Snider Fiji Frit: ile Councilor Councilor Councilor Tom Anderson Marc Woodard John Goodhouse councilmail@tigard-or.gov City of Tigard T I G A R D 13125 SW Hall Blvd.I Tigard,Oregon 97223 503.639.4171 I www.tigard-or.gov Affordable Housing Finance (continued) Support legislation to remove barriers for prior to making a selection and committing local governments to address the housing public dollars. affordability crisis and support state Oppose preemption of the ability of cities investments that increase access to, and to manage and receive compensation for supply of, affordable housing units. the use of public ROW. Economic Development and Land Use Transportation Support additional tools to facilitate Support legislative priorities that address remediation of brownfields. traffic congestion, economic development Support preserving urban renewal as a and jobs. tool for communities. Advocate for legislation and funding that Other Focus Areas supports the proposed Southwest Corridor Light Rail project. Advocate for legislative changes that will clarify and enhance public safety and local control related to marijuana Finance dispensaries. Property Tax Reform: Support increased resources for persons Support referral to voters that would with mental health issues, especially in allow local control of temporary crisis situations. property tax outside of statewide caps; Advocate for PERS Reform that create Support an amendment of the state savings opportunities as well as potential constitution that would reset a property's new revenue sources. assessed value to its real market value at Ensure the implementation of legislation the time of sale or construction; specifying that an amateur athlete is not Support a statutory change regarding employee for the purpose of certain the way new property is added to the employment-related provisions. tax rolls to provide the option of applying a city-wide changed property Previous Legislative Support ratio to new property. In 2015,the Legislature approved a Provide increased transparency and measure,which included $1.5 million,to accountability, better access and support public infrastructure,development competition, and promote government and private sector investment in Tigard's efficiency in the procurement of certain Hunziker Industrial Core creating new sites professional services by allowing public for businesses and higher levels of contracting agencies to compare pricing employment. information from qualified consultants AIS-4075 11. Business Meeting Meeting Date: 01/14/2020 Length (in minutes):40 Minutes Agenda Title: Increasing Police Services and Local Option Levy Referral Prepared For: Marty Wine, City Management Submitted By: Carol Krager, Central Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting Main Public Hearing: No Publication Date: Information ISSUE Will the City Council direct staff to prepare a local option levy to Tigard voters focused on increasing police services for the May 2020 election? STAFF RECOMMENDATION /ACTION REQUEST Provide direction about the desired elements of a local option levy and its associated costs and direct the preparation of ballot title language to refer the measure to voters. The draft ballot title language and resolution will be prepared when the elements and costs of the proposed levy are clear, to be considered at the January 21,2020 meeting. KEY FACTS AND INFORMATION SUMMARY Staff requests Council identify the preferred elements of a local option levy to increase police services and advise as to the ballot title language. The Council has met approximately monthly over the last year to address the goal of creating financial stability,which included the possibility of a local option levy focused on increasing police services proposed to Tigard voters. This is aligned with the Council's goal to seek a local option levy to fund and increase services valued by the community. Specifically, Strategy 1.3 states that Tigard will "Pursue a local option levy and/or bond in May 2020." During the past year's consideration of a potential local option levy, the Council has placed a high priority on increasing police services,including funding to increase patrol staffing. Currently minimum staffing is 3-4 officers depending on shift time and day of week. To increase patrol services, 8 new officers are needed in order for minimums to become 4-5 patrol officers providing more coverage in the city's five patrol districts. Additional police services that have been discussed include: officers to engage with people experiencing homelessness; school resource officers; advanced de-escalation training for all sworn officers;and associated additional staff and support services to help officers do their jobs (managing evidence and records, technology support, and human resources to help with hiring). The November 2019 cost estimate for these proposed services was between 29 to 36 cents per$1000 assessed valuation,with a tax impact to a typical household of about$92 per year. The Council wishes to increase patrol services and staffing to cover all five patrol districts and reduce response times.At the January 7, 2020, Council meeting, direction was provided that the Council wished to refer a measure to voters for the May 2020 ballot, acknowledging that in drafting the Council goal, seeking a local option levy is a funding means toward the end of providing police services that are a priority and valued by the Tigard community. Council requested that staff bring the following estimated cost components of a proposed levy to the January 14 meeting for consideration: Eight additional police officers to increase neighborhood patrols, and to increase minimum staffing coverage in the city's five patrol districts; One additional officer to serve as a School Resource Officer; Advanced training for all Tigard police officers on how to best de-escalate conflict; Associated additional staff and support services to help officers do their jobs such as managing evidence and records, technology support, and human resources to help with hiring. Staff will present the component costs for Council consideration and discussion at tonight's meeting (see attached presentation). Council's decision to refer a local option levy to voters must be completed by early February for the May 2020 ballot. OTHER ALTERNATIVES Council could choose alternative services, timing, or funding sources to provide priority services that are valued by the community. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Council Goal 1. Strategy 1.3. Ensure the City's financial stability and sustainability while providing mandated services. Seek ways to fund and increase services valued by the community. Pursue a local option levy and/or bond in May 2020. DATES OF PREVIOUS COUNCIL CONSIDERATION 3/26/2019 - Initial Discussion of Potential Local Option Levy and/or Bond 4/23/2019 - Discuss Local Option Levy and Facility Bond Alternatives 6/25/2019 - Receive Presentation on Safe Routes to Schools Infrastructure Projects Levy Proposal 6/25/2019 - Discussion on Timing for the Police Facilities Bond 8/13/2019 - Consider Resolution to Appoint Members to the Levy&Bond Task Force 9/24/2019 - Receive Update on Local Option Levy Planning 11/5/2019 -Receive Update on Local Option Levy Planning 11/12/2019 - Receive Update on Local Option Levy Financials 12/17/2019 -Update on Local Option Levy and Report on Community Survey Results 1/7/2020—Council Goal Discussion and Local Option Levy (funding alternatives) Attachments Police Levy Costing Presentation AgendaQuick©2005-2020 Destiny Software Inc.,All Rights Reserved 4.4.t s 13\ i t till RI CU O l C n N 0 cra 0 Da Pi N p- O O Ori• Q. 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