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City Council Packet - 04/06/2021 �! ' City of Tigard Tigard Business Meeting —Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD Rev. 4/2/21 to add Agenda Item 8. MEETING DATE AND TIME: April 6, 2021 - 6:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. See PUBLIC NOTICE below. PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212, this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments.All comments must be submitted before 4:30 p.m. the day of the meeting. If you prefer to call in,please call 503-966-4101 when instructed. to be placed in the queue. We ask that you plan on limiting your testimony to three minutes SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: http://www.tigard-or.gov/city hall/council meeting.php CABLE VIEWERS: The first City Council meeting of the month may be shown live on Channel 28 at 6:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. III " City of Tigard Tigard Business Meeting —Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD Rev. 4/2/21 to add Agenda Item 8. MEETING DATE AND TIME: April 6, 2021 - 6:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. 6:30 PM •EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Public Comment—Written C. Public Comment—Phone-In 3. CONSENT AGENDA: (Tigard City Council,&Local Contract Review Board) The Consent Agenda is used for routine items including council meeting minutes 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. APPROVE CITY COUNCIL MINUTES: *September 22, 2020 •October 13, 2020 •October 20, 2020 •October 27, 2020 *November 10, 2020 •November 17, 2020 *December 1, 2020 •December 8, 2020 B. LOCAL CONTRACT REVIEW BOARD: CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH ODOT FOR FUNDING OF NEW SIDEWALKS ALONG LOCUST STREET •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. 4. LOCAL CONTRACT REVIEW BOARD: CONSIDER EXEMPTION TO COMPETITIVE BIDDING AND APPROVAL OF FINDINGS FOR UNIVERSAL PLAZA 6:35 p.m. estimated time 5. RECEIVE ALONGSIDE SENIOR HOUSING PROJECT PLAN UPDATE 6:45 p.m.estimated time 6. DISCUSS AND FILL A PUBLIC SAFETY ADVISORY BOARD VACANCY 7:05 p.m. estimated time 7. HOLD DISCUSSION REGARDING COUNCIL LIAISON ASSIGNMENTS 7:30 p.m. estimated time 8. CONSIDER RESOLUTION EXTENDING THE CITY'S ALLOWANCE OF FURNISHINGS ON SIDEWALKS 8:00 p.m. estimated time 9. NON-AGENDA ITEMS 10. ADMINISTRATIVE REPORT 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 12. ADJOURNMENT 8:05 p.m. estimated time AIS-4619 3. A. Business Meeting One Meeting Date: 04/06/2021 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: • September 22, 2020 • October 13, 2020 • October 20, 2020 • October 27, 2020 •November 10, 2020 •November 17, 2020 •December 1, 2020 •December 8, 2020 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments September 22, 2020 Meeting Minutes October 13, 2020 Meeting Minutes October 20, 2020 Meeting Minutes October 27, 2020 Meeting Minutes November 10, 2020 Minutes November 17, 2020 Meeting Minutes December 1, 2020 Meeting Minutes December 8, 2020 Minutes of Tigard = Tigard City Council Meeting Minutes TIGARD September 22, 2020 1. STUDY SESSION At 6:30 p.m.,Mayor Snider called the Study Session to order. A. PARK MAINTENANCE FUNDING DISCUSSION Public Works Director Rager introduced the discussion on park maintenance funding, explaining that staff were seeking direction from Council regarding their upcoming budget discussions on October 3 and whether there is more information needed from staff to have that discussion. Councilor Newton said she appreciated the information and it's important to her that the city addresses the park maintenance challenges in the long term,but she has concerns about how residents would be able to deal with increasing fees. She asked staff if Council does not think the community can absorb a fee increase in January 2021, what does that look like in terms of parks maintenance and capital projects. She said it would be important to communicate to the public the ramifications of these delays in rate increases. Youth Councilor Calderon asked if the park maintenance fee will affect the utility bill credits on the Business Meeting agenda following the Study Session. Business Manager Barrett said that the utility bill relief funding originates from the water and sanitary sewer funds and would not affect the collection of the parks maintenance fee. Council President Goodhouse suggested staff should break down the estimated costs and the impacts of a decrease in anticipated maintenance funding. Mayor Snider clarified that he was asking staff for more robust storytelling and Council President Goodhouse confirmed. Councilor Lueb said she's a big supporter of the city's parks and parks staff. She thinks they need to fundamentally address how parks are funded,particularly through an equity lens. She said she's unsure that the budget discussion is the place to have this broader discussion about parks funding,particularly because the Parks Master Plan will not yet be finalized. Mayor Snider agreed that much of the city is "under-parked." He also echoed the concerns of Councilor Lueb regarding equity in access to quality park properties across the city and corresponding maintenance demands. Councilor Anderson asked a clarifying question.Mayor Snider asked if staff had sufficient direction and Director Rager agreed. He said staff would be prepared to address the equity issue at the upcoming budget discussions. Councilor Newton responded that the Council is more focused on different areas,but she just wanted to voice her concern over the impacts of raising rates when that happens. Mayor Snider echoed the delay of rate increases across the city is going to have wide impacts and that it is relevant for Council to discuss them. Councilor Newton said she was most TIGARD CITY COUNCIL MEETING MINUTES — September 22, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 11 concerned about the narrative presented to the public regarding rate delays and impact on the city as a whole and Council would benefit from that information. Staff asked clarifying questions and Council agreed that all future rate increases are in question at this point. Council President Goodhouse said it would be useful to have information on the repercussions on the parks system if they delay the rate increases again in July 2021. Mayor Snider said that was a second to the proposal from Councilor Newton. B. BRIEFING ON WASHINGTON SQUARE REGIONAL CENTER UPDATE PROJECT Senior Planner Shanks explained that the Washington Square Regional Center Plan Update Project kicked off in February 2020 and is largely on schedule, despite public engagement delays due to COVID-19. It is expected to wrap up in late 2021. They are completing this long-range planning project to update the previous 1999 plan. Since then a lot has changed in how people shop and travel through this regional center, while the physical condition has not changed much at all. This project will look at the forces driving the existing conditions and use an equity lens to better address existing inequities in this area. Staff have assembled a diverse consulting team with EcoNorthwest as the lead consultant. They have a stakeholder working group that is large, diverse, and much more representative than in the past.This area is complicated by its location across multiple jurisdictional boundaries,including the cities of Tigard and Beaverton as well as Washington County, Metro, and ODOT. As a result, staff have created a virtual engagement process that includes a public component. Thus far, staff have completed a lot of the technical analysis regarding needs, opportunities and challenges in the study area. Senior Planner Shanks noted demographics in the area showed a higher concentration of communities of color,more single-person households and larger households (more than two-person households,which are the predominant household type in the City of Tigard). The majority of residents in this area, 60 percent,are renters and not homeowners,which represents 40 percent of the population in the study area. The study area is highly developed already,which will represent a special challenge in effecting change. She noted that staff have been careful to ensure their work in the regional center will not displace those currently residing there, especially since renters are at greater risk of both residential and economic displacement. Market conditions are changing, but the Washington Square Mall has remained a successful suburban mall with land use approvals to redevelop portions of their property in the coming year. Senior Planner Shanks said the mall property,in addition to other locations, shows potential for mixed-use development. She explained staff are also analyzing the infrastructure in the area,including transportation and walkability, to identify barriers to transit and make recommendations for changes going forward. TIGARD CITY COUNCIL MEETING MINUTES — September 22, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 11 Next steps include broader community engagement,further work with the stakeholder group, as well as further analysis and feasibility testing. Council had no questions but thanked staff for their thorough analysis and presentation. 2. BUSINESS MEETING 1. At 7:30 p.m.,Mayor Snider called the City Council and Local Contract Review Board meeting to order. 2. Deputy City Recorder Patton called the roll. Present Absent Councilor Anderson ✓ Mayor Snider ✓ Youth Councilor Calderon V Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ 3. Mayor Snider invited everyone to mute themselves and join him in the Pledge of Allegiance 4. Call to Council and Staff for Non-Agenda Items—None. 3. PUBLIC COMMENT A. Follow-up to Public Comment—None. B. Written Public Comment — Dave Stoller submitted comments related to a potential quasi-judicial hearing that may come before Council. Mayor Snider stated that because of that,no members of the Council can comment or respond,but that staff have followed up with the individual. C. Phone-In Public Comment—None. 4. CONSENT AGENDA Mayor Snider announced 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. A. PROCLAIM OCTOBER DOMESTIC VIOLENCE AWARENESS MONTH Councilor Lueb made a motion to approve the consent agenda as presented. Councilor Newton seconded. Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No TIGARD CITY COUNCIL MEETING MINUTES — September 22, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 11 Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ The motion passed unanimously. 5. AMAN COMPREHENSIVE PLAN MAP ZONING AMENDMENT: CPA2020- 00001/ZON2020-00001 Mayor Snider announced that this item has been pulled from the agenda because the Planning Commission was cancelled last week and therefore was unable to act on it. It will come back to Council later and notice of that hearing will be published according to legal requirements. 6. CONSIDER A RESOLUTION ACCEPTING THE SOUTHWEST CORRIDOR FINAL CONCEPTUAL DESIGN REPORT (CDR) Project Manager Pagenstecher introduced the staff team from TriMet, including Jeb Doran, Senior Project Manager, and Guy Berm,Transit-Oriented Development Program Manager. He explained that the Council was required to adopt the SW Corridor project Conceptual Design Report (CDR) as stated in the city's memorandum of understanding (MOU) with TriMet related to this project. He said that some staff concerns are outstanding,but that there has been progress made toward reaching a mutually agreeable solution. Project Manager Pagenstecher explained that included in the proposed resolution is an invitation to TriMet to come before Council prior to completion of the 60 percent designs. Although not all of the Council's concerns have been addressed sufficiently, he said the two organizations were working well together toward that common goal of resolution. TriMet's Director of Capital Projects Dave Unsworth went over the SW Corridor Project as a whole,including project goals and impacts for the community. TriMet's Senior Project Manager Jeb Doran presented the Final CDR, following the alignment of the rail line from its entry into the city to its terminus at Bridgeport. He emphasized transit-oriented development (TOD), multi-modal transit and pedestrian access to rail. He highlighted the new TOD programs developed at TriMet to work with partner agencies to support TOD around station areas. Mr. Doran said the TriMet team has been working with city staff to resolve the remaining issues with the Hall Boulevard station and implement the city's vision. Since the Operations and Maintenance facility will also be located in this area,they view this area as a centerpiece of the project. TriMet's TOD Program Manager Guy Benn said the city and TriMet have similar objectives to deliver mixed-use,mixed-income,TOD adjacent to the station areas. He said they stand aligned with Tigard's vision to integrate the Hall Boulevard station with the downtown area.The CDR plan does not represent the full implementation of the TOD plan,which will continue to be integrated into the designs as they develop. TIGARD CITY COUNCIL MEETING MINUTES — September 22, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 11 Mr. Doran said they will continue to work with staff and seek input from the public as they move toward 60 percent design and move into 100 percent design in the coming years. Mr. Unsworth wrapped up with an anticipated timeline for the project,pending passage of Metro's transportation bond in November. • Mayor Snider said a lot of changes have been made to the plans for this project since the Draft Environmental Impact Statement (DEIS). He said city staff have been trying to get information from the pending Final Environmental Impact Statement (FEIS) report and have not been able to do so. Mr. Unsworth reviewed a number of documents that had been shared with city staff and explained that the FEIS was a Federal Transit Administration document not belonging to any one agency. TriMet is working with a legal team and consultant that have requested many revisions to the EIS and only after the document has been approved by their legal team will they be willing to share the information. He added that there are many agencies and subdivisions thereof that need to sign off on various aspects of this project,which makes it very complicated, and that Tigard is only one of several cities that are part of this project. Mayor Snider asked if the FTA was preventing members of the project team,including city staff, from seeing the FEIS information. Mr. Unsworth said staff have been in all the conversations about traffic and design. Mayor Snider stated that members of the public should have the ability to access this information,which is leading to design decisions, for example at the Boones Ferry station site. He asked Mr. Unsworth if he supported city staff reaching out to the FTA for that information. Mr. Unsworth said staff could compile a list of questions,but that he does not support staff contacting the FTA. • Councilor Lueb asked staff about the proposed resolution and whether they were comfortable with Council approving the CDR as it currently stands given those outstanding issues. Project Planner Pagenstecher said that because of the good working relationship between staff,he does think they will reach a resolution on these items. • Councilor Newton said she had a similar question and appreciated staff's response. She reiterated that it is important to the Tigard community that the Hall Street station be integrated into the downtown area and she would like project team staff to be mindful of that. She did feel comfortable approving the report knowing that staff felt comfortable that resolutions on outstanding issues would be reached. • Youth Councilor Calderon said he liked the station area designs, including a lot of pedestrian access and bike locks. He agreed the city was very climate-conscious and he would like to know the climate impacts of the project. • Councilor Anderson said they have made a lot of progress and he would like to emphasize the importance of the Hall Street station. • Council President Goodhouse said the city has been involved in this project for a long time and the city's concerns have never changed and have never been addressed. He said staff are asking Council to trust TriMet,but where is the trust. Mr. Doran said the CDR was a snapshot in time. Many of these issues have evolved and while they may not appear in the document's images, the plans have progressed. He stressed the planning phase was a multi- year process,it may take several years to address all the concerns within the design,but that what matters is that Tigard ascribes to the project's value statements as presented in the report. TIGARD CITY COUNCIL MEETING MINUTES — September 22, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 11 • Mayor Snider explained that Tigard has never received assurances that city concerns will be addressed and that makes it hard to approve when there are only a few opportunities for the Council to weigh in throughout the entire project. • Council President Goodhouse asked if TriMet could revise the report and bring it back for approval. He said he was not sure he could support a document with no assurances from TriMet that certain needs will be met,when he wants to know it will be done right. Mr. Doran reassured the Council they are committed to doing it right and there will be many more opportunities for the city to weigh in as the project moves forward. • Councilor Newton asked TriMet staff to point to the value statements Mr. Doran had mentioned and he pointed Council to each of the station area sheets in Chapter 7 of the CDR document. Councilor Newton located the pages beginning on page 170. There was discussion about whether the Council needed to approve the CDR and Mr. Unsworth said TriMet did not need the city's approval and they would not bring an updated report, since the CDR is a point-in-time report of where they are today. Mayor Snider asked further clarifying questions about whether TriMet desired Council action on the item tonight. Mayor Snider asked city staff if they thought Council should approve the resolution accepting the CDR. Project Planner Pagenstecher recommended the adoption and stated the resolution includes another check-in opportunity to follow-up. He said there would be no practical effect to not accepting the report. Community Development Director Asher said he supports the staff recommendation and thinks Council should approve the resolution if they support moving forward with working together on outstanding issues. He emphasized the CDR document would not change in the future, so delaying approval would not lead to any updates. Councilor Newton made a motion to approve Resolution No. 20-45. Councilor Anderson seconded. Mayor Snider invited Council discussion. • Councilor Newton reminded the Council the document would not change, and the work now was to work with TriMet to reach a resolution. • Council President Goodhouse said he still had concerns approving the report with no assurances or actions from TriMet to reach a solution. • Councilor Lueb echoed Councilor Newton that the report would not be updated and the design will continue to evolve as the process moves forward. • Youth Councilor Calderon said Council should continue to seek the information staff need and working with TriMet to improve the Hall Street station. • Councilor Anderson said he supported the approval of the report as staff have confidence in the relationship with TriMet. Mayor Snider asked the City Recorder to read the number and title of the resolution. Resolution No. 20-45: A RESOLUTION ACCEPTING THE SOUTHWEST CORRIDOR FINAL DRAFT CONCEPTUAL DESIGN REPORT SUMMER 2020 (FINAL CDR) WITH DIRECTION TO RESOLVE OUTSTANDING DESIGN ISSUES IDENTIFIED BY THE TIGARD CITY COUNCIL ON APRIL 21ST, 2020. Mayor Snider asked the City Recorder to conduct a roll call vote. TIGARD CITY COUNCIL MEETING MINUTES — September 22, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 11 Yes No Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ The motion passed by a 4-1 vote. 7. CONSIDER APPROVAL OF THE FINAL REFRESHED STRATEGIC PLAN Senior Management Analyst Hendrix explained that members of the strategic plan guidance team representing departments across the city have been working to develop a refreshed strategic plan for the city. She said they had received a lot of public input on the plan and implemented several changes as a result,reviewing the robust public engagement process. Direct survey responses from staff and residents found that 91 percent of respondents supported the refreshed strategic vision and 92 percent supported the refreshed strategic priorities. Senior Human Resources Business Partner Leos presented strategic priority one, to set the standard for excellence in public service and customer experience. Project Planner Pagenstecher presented strategic priority two,to create a well-connected, attractive, and accessible pedestrian network. Economic Development Manager Purdy presented strategic priority three, to ensure development and growth support the vision. Senior Management Analyst Hendrix summarized next steps,including using the vision to guide and align department work plans, seeking funding options to pursue actions, and continue communicating with the public on progress toward implementing the plan. • Mayor Snider said the document took a village and said Council appreciated everyone's contributions. • Council President Goodhouse thanked staff for their excellent work. • Councilor Newton echoed previous comments. She suggested they add more metrics related to the external customer experience under strategic priority one. Councilor Lueb made a motion to approve the final refreshed strategic plan. Council President Goodhouse seconded. Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — September 22, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 11 Mayor Snider announced the City Council would convene as the Local Contract Review Board for the next agenda item. 8. LOCAL CONTRACT REVIEW BOARD - CONSIDER A CONTRACT AWARD FOR ADMINISTRATIVE RELATED SOFTWARE SOLUTIONS AND TECHNOLOGY SERVICES TO TYLER TECHNOLOGIES Purchasing and Contracts Manager Moody outlined the contract agreement terms and the negotiation process using a cooperative agreement. Information Technology Manager Nolop provided a brief history of the software systems at the city,noting that they are siloed and do not communicate with one another. In order to implement the performance audit measures and the Information Technology strategic plan, staff believe it is necessary to move forward with a unified data platform across departments in a multi-year project. The budget requests have been adjusted to staff a project team to lead this large project. • Mayor Snider asked IT Manager Nolop to comment on the context for the financial commitment being made by the city. Mr. Nolop explained that as part of this transition, the city will no longer be paying to maintain its own data platform and the associated personnel costs that come with that. Mayor Snider asked who owns the data after the contract expires and Mr. Nolop responded that the city would retain ownership of the data and Tyler Technologies would have to provide the city with the data if there was ever a need to terminate the agreement. • Council President Goodhouse said it was going to be great to have the city on the same system and able to communicate. He is interested in seeing the data that comes from the new software capabilities and seeing how the city can become more efficient and streamlined. • Councilor Newton thanked staff for the presentation and said she was looking forward to seeing the software become integrated across departments. She asked about the adding of additional modules to the contract moving forward. Mr. Nolop said his team would work with the department staff to make those business decisions as to whether to implement new software modules, such as e-ticketing and agenda management. • Youth Councilor Calderon said he thought this transition would be helpful for the city. • Councilor Lueb echoed the need to help staff be more effective in their work and access additional data. She was excited that this project would move the city forward. Director Lueb made a motion to approve the Contract Award for Administrative Related Software Solutions and Technology Services to Tyler Technologies and authorize the City Manager to execute the contract. Director Goodhouse seconded. Chair Snider asked the City Recorder to conduct a roll call vote. Yes No Director Anderson ✓ Chair Snider ✓ Director Goodhouse ✓ Director Newton ✓ Director Lueb ✓ The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — September 22, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 11 Mayor Snider announced they would reconvene as the City Council for the remainder of the meeting. 9. CONSIDER A RESOLUTION EXTENDING THE CITY'S EMERGENCY DECLARATION RELATED TO COVID-19 City Attorney Rihala said this was the fifth extension of the city's emergency declaration, extending it to noon on December 2, 2020. This is identical to previous resolutions except for the removal of the utility billing aid,which is now included in the next agenda item. Councilor Anderson made a motion to approve Resolution No. 20-46. Councilor Newton seconded. Mayor Snider asked the City Recorder to read the number and title of the resolution. Resolution No. 20-46: A RESOLUTION OF THE CITY OF TIGARD EXTENDING THE CITY'S EMERGENCY RELATED TO COVID-19 Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ The motion passed unanimously. 10. CONSIDER A RESOLUTION TO UPDATE THE TIGARD AID UTILITY BILLING ASSISTANCE PROGRAM Finance and Information Services Director LaFrance said the resolution before them would update the utility billing aid assistance program implemented after the COVID-19 pandemic in March 2020. At last week's business meeting, Council requested an additional component to the program to incorporate residents of the city who rent in multi-family housing. Staff have been working with legal and bond counsel and rate analyst to ensure the proposal minimizes risk to the city. He expects to have that completed and back before Council in the next couple of weeks. Council President Goodhouse asked a clarifying question regarding back pay benefits to businesses. Director LaFrance confirmed businesses who qualify will retroactively receive the full$500 benefit. Councilor Newton made a motion to approve Resolution No. 20-47. Councilor Anderson seconded. Mayor Snider asked the City Recorder to read the number and title of the resolution. Resolution No. 20-47: A RESOLUTION EXPANDING ELIGIBILITY FOR TIGARD'S PROGRAM TO PROVIDE A MONTHLY UTILITY CREDIT FOR RESIDENTIAL AND TIGARD CITY COUNCIL MEETING MINUTES — September 22, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 11 BUSINESS CUSTOMERS AFFECTED BY COVID-19,WAIVING LATE FEES,AND SUSPENDING SHUTOFFS Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Abstain Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ The motion passed 4-0 with 1 abstention. 11. NON-AGENDA ITEMS 12. ADMINISTRATIVE REPORT City Manager Wine provided an administrative report on the following items: • Staff are currently reviewing applications for members of the Public Safety Advisory Board. All applications are available on the city's website for members of the public to participate in a public caucus. Mayor Snider asked how the survey will ensure responses are from Tigard residents. Council President Goodhouse asked how they prevent someone from voting more than once. City Manager Wine said she would follow-up with them directly. • Washington County Public Health has agreed to wait to enter Phase 2 until after the impacts of the Labor Day weekend on the infection rate are clearer. • The city is following up on the staff survey regarding the desire to provide greater support to parents on the city's staff. • Air quality has improved and the city has reopened its facilities to city staff. • Social media followers are increasing and there have been lots of traffic on the community update pages. City Council commended staff on their excellent communications over the local wildfire emergencies. • The digital access survey has closed and staff hope to report the results to Council soon. • The deadline to register to vote is October 13th. 13. EXECUTIVE SESSION Mayor Snider announced the Tigard City Council would go into Executive Session to discuss labor negotiations under ORS 192.660(2)(d). 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. The City Council will adjourn from Executive Session. 14. ADJOURNMENT At 9:59 p.m., Councilor Lueb made a motion to adjourn. Council President Goodhouse seconded. TIGARD CITY COUNCIL MEETING MINUTES — September 22, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 11 Yes No Councilor Anderson V Mayor Snider V Council President Goodhouse V Councilor Newton V Councilor Lueb V The motion passed unanimously. Caroline Patton,Deputy City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — September 22, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 11 ,, City of Tigard = Tigard City Council Meeting Minutes TIGARD October 13, 2020 1. STUDY SESSION A. EXECUTIVE SESSION At 6:30 p.m.,Mayor Snider announced that the Tigard City Council will go into Executive Session to discuss real property negotiations under ORS 192.660(2)(e). 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. The executive session adjourned at 7:00 p.m. B. COUNCIL LIAISON REPORTS • Councilor Lueb had no updates to share until she attended more meetings later in the week. • Council President Goodhouse reported on an email from the Lake Oswego-Tigard (LOT) Water Consortium about a project on Greenburg that they are hoping to delay under after the holiday season and into January. He also attended the Tigard Transportation Advisory Committee (TTAC) meeting and they still want to send a letter to TriMet regarding the Hall station as part of the SW Corridor project. • Councilor Anderson said that he attended a Tigard Senior Housing Project open house. He said staff did a good job of quelling any big problems stemming from concerns of residents on O'Mara Street. He attended his last Regional Water Providers Consortium board meeting, but there's nothing to report aside from dues remaining stagnant. • Councilor Newton attended a quarterly meeting for the LOT Water Partnership,which included reports on the role of water providers in the wildfire response. She said the Committee for Citizen Engagement (CCE) had a good discussion with Police McAlpine regarding the Public Safety Advisory Board (PSAB). Tigard Youth Advisory Council (TYAC) is starting a peer program for tutoring younger kids to help those struggling with distance learning. • Council President Goodhouse added that the LOT will start developing a governance agreement in early 2021. He also reported on the different fire-retardant chemicals being used since they run into rivers and are filtered through water treatment plants. • Mayor Snider had a Washington County Coordinating Committee meeting where they provided two important presentations on a regional project regarding orphan highways which looks at transferring state highways to local jurisdictions, as well as a Burnside Bridge seismic resiliency project. To conclude,Mayor Snider shared he was elected chair of the Metropolitan Mayors Consortium Subcommittee on Diversity,Equity and Inclusion and Police Reform. He highlighted some of his plans for the subcommittee, which will be proposing legislation on police use of force to the Oregon legislature. TIGARD CITY COUNCIL MEETING MINUTES — October 13, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 9 2. BUSINESS MEETING 1. At 7:30 p.m.,Mayor Snider called the City Council,Local Contract Review Board and Town Center Development Agency meeting to order. 2. Deputy City Recorder Patton called the roll. Present Absent Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Council President Goodhouse ✓ Councilor Newton ✓ 3. Mayor Snider invited everyone to mute themselves and join him in the Pledge of Allegiance 4. Call to Council and Staff for Non-Agenda Items—None. 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment—None. B. Tigard High School Student Envoy—Caroline Frisiras Ms. Frisiras reported on current events at the high school,which is back in session virtually as of September 14th. Some sports have started socially distant workouts and practices. The past week was homecoming week with virtual spirit days and new spirit gear available for order.The random acts of kindness and activities committee are welcoming new freshmen and making teacher goodie-bags. There is a canned food drive later this month through the National Honors Society,with proceeds going to St.Vincent de Paul. C. Update from Police Chief McAlpine Police Chief McAlpine presented the Police Department's Strategic Dashboard for September,which will be available on the police transparency page following this meeting. She reviewed highlights of this month's statistics,including increased property crimes including auto thefts. Intersectional speeds through the camera enforcement program continue to be high. The department has four new recruits on board with more interviews next week. She congratulated Mayor Snider on his position on the Metro Mayors Consortium Subcommittee. She said that on October 29th they will be holding a policing virtual chat and the fifth annual building bridges event on policing reform will be held virtually on October 22nd. Mayor Snider noted that the city is only citing people traveling more than 10 miles an hour over the speed limit. He asked for further information regarding an increase in vandalism. Chief McAlpine said it is largely graffiti with over 93 incidents so far this year. TIGARD CITY COUNCIL MEETING MINUTES — October 13, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 9 Council President Goodhouse asked Chief McAlpine about the uptick in catalytic converter thefts. He asked what she recommended for the public to prevent those thefts. She responded that it is good to know if the car has a catalytic converter and keep it in a more secure location if it does to make it more difficult for thieves. Councilor Newton commended the Chief on hiring progress during the difficulties of COVID. Chief McAlpine said she does anticipate some upcoming retirements and there is more work to do. Councilor Lueb asked if she could speak to additional de-escalation training police officers received in September. Chief McAlpine described the training and said that in everything they do,they should have de-escalation in mind. D. Tigard Area Chamber of Commerce—Jessica Love Community and Engagement Coordinator Jessica Love shared that Leadership Tigard Class of 2021 commenced and the Shining Stars community awards event is coming up along with several other Chamber networking events. There are only two weeks left of the Tigard Farmers Market and they will be hosting a Halloween in Downtown Tigard event with multiple activities involved. E. Public Comment—Written Comment • Erica Clark submitted comments regarding a Tigard City Council candidate Ben Edtl. F. Public Comment—Phone-In Comment—None. 4. CONSENT AGENDA Mayor Snider announced 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. A. CONSIDER AMENDMENT TO HVAC MAINTENANCE AND REPAIR CONTRACT WITH RITNU DBA REITMEIER Councilor Lueb made a motion to approve the consent agenda as presented. Council President Goodhouse seconded. Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — October 13, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 9 5. DISCUSSION OF COUNCIL CALENDAR [A PROCLAMATION DECLARING OCTOBER 16TH MARTY WINE DAY] Mayor Snider said that this would be the last City Council meeting for City Manager Wine,who has led the city for the last nine years. He said the Council and others wanted to take this time to acknowledge all her contributions to the city. Callers included: • Representative Margaret Doherty thanked City Manager Wine for bringing the city into the 21St century with her innovative ideas and initiatives. She said goodbye and that the city would miss her before thanking her for all she had done. • Former Mayor John Cook commended City Manager Wine on her outstanding job for both the employees and citizens of the city. He listed many accomplishments she had during her tenure and emphasized she was a great partner to work with. He said she was the best City Manager a mayor could ever have. • Tigard Area Chamber of Commerce CEO Debi Mollahan thanked her for her partnership and collaboration and continued advocacy for the Chamber and in Leadership Tigard. She appreciated working with her on many initiatives both within and outside government and she wishes her the best in her new job at the City of Monmouth. • Dan Murphy from the Broadway Rose Theater said Ms. Wine reached out to him before she even accepted the job as City Manager. She's been an incredibly approachable City Manager and he commended her for that. He wished her the best of luck and said she would be missed. Council expressed their thanks to City Manager Wine: • Councilor Lueb thanked City Manager Wine for her service to the city. She said Ms.Wine was always a listening ear and she said she would not be the City Councilor she is today without the introduction and orientation Ms. Wine provided her. • Council President Goodhouse shared a story of when his wife submitted a suggestion for the city's passport counter and City Manager Wine reached out personally. He said she has been a great representative for the city and thanked her for all she did. • Councilor Anderson said that the city was fortunate to have Ms.Wine as the City Manager and to represent the city so well. He thanked her for making things so easy for Council. • Councilor Newton said City Manager Wine was very prepared for her interview and made a good impression early on. She said Ms. Wine was the right fit for the time, and she took the city's budget challenges and addressed them very creatively. Finally, Councilor Newton said Ms. Wine always acknowledged you won't get anything done without working with other people. • Mayor Snider said that City Manager Wine has ushered the city into young adulthood,which is quite a feat. He said she has been a good partner to work with as she has led the city through some very challenging times. City Manager Wine thanked everyone for their kind words and the care for Tigard that they all have. She said the job is not always rewarding but is at times extremely rewarding. The Mayor announced there is a Proclamation before the Council to declare October 16th Marty Wine Day. Mayor Snider read the proclamation. TIGARD CITY COUNCIL MEETING MINUTES — October 13, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 9 Councilor Newton moved to adopt the proclamation for Marty Wine Day. Councilor Anderson seconded. Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ The motion passed unanimously. Youth Councilor Calderon said it was great hearing about all her accomplishments and he thanked her for all her contributions to their city. 6. CONSIDER A RESOLUTION TO APPROVE A NEW POLICE CONTRACT FOR FY 2020-23 Human Resources Director Dana Bennett presented the process to negotiate a new contract with the Tigard Police Officers'Association (TPOA). Senior HR Business Partner Leos provided a presentation to Council on the bargaining negotiations,which concluded on September 10th when they reached a tentative agreement with the TPOA. Highlights of the agreement included: • A three-year term effective July 1, 2020 through June 30, 2023; • Year 1 includes a 2.6 percent Cost of Living Adjustment (COLA),with 2.0 percent in year 2 and 1-4 percent in year 3; • Year 1 includes a 0.5 percent market adjustment,with 0.75 percent in year 2 and 1.0 percent in year 3; • Change to a 6-step salary schedule,instead of 7-step; • Maintains 90/10 cost share for health care premiums; and • Increased long-term disability benefits. Council President Goodhouse said Council spent hours in executive session over a period of months discussing these terms and have thoroughly vetted the proposed agreement. Mayor Snider said he was pleased they were able to solve disagreements in mediation in such a difficult time as well. Councilor Lueb made a motion to approve Resolution No. 20-48. Councilor Newton seconded. Mayor Snider asked the City Recorder to read the number and title of the resolution. RESOLUTION No. 20-48—A RESOLUTION ADOPTING A NEW COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF TIGAR AND THE TIGARD POLICE OFFICER'S ASSOCIATION (TPOA) AND AUTHORIZING THE CITY MANAGER TO SIGN Mayor Snider asked the City Recorder to conduct a roll call vote. TIGARD CITY COUNCIL MEETING MINUTES — October 13, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 9 Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ The motion passed unanimously. Mayor Snider thanked everyone on the negotiation team for reaching this agreement. 7. INFORMATIONAL PUBLIC HEARING: CONSIDER A RESOLUTION APPROVING THE FY 2021 FIRST QUARTER BUDGET SUPPLEMENTAL A. Mayor Snider opened the public hearing. B. Hearing procedures—Mayor Snider announced that anyone may offer testimony. Written comments were due at 4:30 p.m. and those wishing to testify via phone can call 503-966- 4101 and be put in the queue. C. Staff Report— Senior Management Analyst Kang presented the staff report on the first quarter supplemental budget for FY 2020-2021. Key changes included: • Expansion of the Tigard CARES program, • An additional FTE in the City Manager's office needed to implement new initiatives, • An additional FTE in the Payroll division of Finance and Information Services, • Expansion of the utility billing assistance program through St.Vincent de Paul, • Additional police parking lot security measures, and • Several Capital Improvement Plan (CIP) changes. This supplemental will decrease the overall budget by about $200,000 and increase reserves by about$22,000. Mayor Snider asked if Council had any questions. Councilor Lueb asked staff to comment on the impact of THE removal of the duplicate entry under the CIP program. Senior Management Analyst Kang explained that it was a software error and there is no budgetary change as a result of its removal. D. Public testimony—None. E. Response to testimony by staff—None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Resolution No. 20-49 Council President Goodhouse made a motion to approve Resolution No. 20-49. Councilor Anderson seconded. Mayor Snider asked the City Recorder to read the number and title of the resolution. Resolution No. 20-49: A RESOLUTION TO ADOPT THE FY 2021 FIRST QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS, POLICY AND ADMINISTRATION,AND COMMUNITY SERVICES. Mayor Snider asked the City Recorder to conduct a roll call vote. TIGARD CITY COUNCIL MEETING MINUTES — October 13, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 9 Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ The motion passed unanimously. Mayor Snider announced the City Council would convene as the Town Center Development Board for the next two agenda items. 8. TOWN CENTER DEVELOPMENT AGENCY -INFORMATIONAL PUBLIC HEARING: CONSIDER A RESOLUTION APPROVING THE FIRST QUARTER TCDA BUDGET SUPPLEMENTAL A. Mayor Snider opened the public hearing. B. Hearing procedures—Mayor Snider announced that anyone may offer testimony. Written comments were due at 4:30 p.m. and those wishing to testify via phone can call 503-966- 4101 and be put in the queue. C. Staff Report— Senior Management Analyst Kang presented the first quarter supplemental budget for the Town Center Development Agency (ICDA) for FY 2020-2021. The key change is a new entry documenting a transfer from the city,increasing the TCDA budget by $2 million. There is no impact to the city budget. D. Public testimony—None. E. Response to testimony by staff—None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Resolution No. 20-49 Director Lueb made a motion to approve TCDA Resolution No. 20-03. Director Newton seconded. Chair Snider asked the City Recorder to read the number and title of the resolution. TCDA Resolution No. 20-03: A RESOLUTION TO ADOPT THE FY 2021 FIRST QUARTER BUDGET SUPPLEMENTAL INCLUDING BUDGET ADJUSTMENTS TO TOWN CENTER DEVELOPMENT AGENCY (ICDA) URBAN DEVELOPMENT. Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Director Lueb ✓ Director Anderson ✓ Chair Snider ✓ Director Goodhouse ✓ Director Newton ✓ TIGARD CITY COUNCIL MEETING MINUTES — October 13, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 9 The motion passed unanimously. 9. TOWN CENTER DEVELOPMENT AGENCY -UNIVERSAL PLAZA PROJECT UPDATE Redevelopment Manager Sean Farrelly introduced the update on the Universal Plaza Project. Community Development Director Asher said the project vision statement emphasizes the space as a community gathering place in the center of downtown and the goals of being healthy, accessible, and walkable for everyone regardless of background. The logo celebrates and teaches about the universal elements,reminding the public of climate change and taking care of the shared world. Community Engagement Coordinator Scott described the community engagement process, which will be ongoing throughout the design development. The process implemented several changes to engage a new and representative group of residents that will include those not typically represented. There are several on-site experience opportunities planned as well. Members of the consultant team highlighted their approach to the project. Peter Emerson from RIOS,Alisha Sullivan from A//D//S reviewed their plans and key elements of their project components. Mr. Emerson continued with a detailed review of considerations and design elements they have been researching for the site. Redevelopment Manager Farrelly shared the project schedule. Mayor Snider asked Council for any questions or comments. • Youth Councilor Calderon said his family was excited for the development of Universal Plaza. • Councilor Lueb said she was excited about all the different types of potential and possibilities. • Council President Goodhouse asked the project team to consider car and truck accessibility for events like the Farmers Market. He asked staff about more ways to reach out and engage the public about the project. Director Asher said the planned on-site engagement will help drive people to the site and Community Engagement Coordinator Scott agreed that the outreach was just ramping up. She named several upcoming outreach efforts that are forthcoming. Mr. Emerson said they were excited for the engagement activities. • Councilor Anderson thought the ideas were very clever and he thought it was a good project team. • Councilor Newton said she has been excited about this firm since they reviewed all the proposals last December. She thought there would be good opportunities to engage the public. • Mayor Snider asked Ms. Sullivan how they would be tracking the movement of the items at the site and she confirmed it would be on camera,adding that it will be clearly marked filming is in process. Mayor Snider asked Mr. Asher if the name Universal Plaza is a permanent name. Mr.Asher said it was the Council's purview to name public spaces and they may decide there is a better name. He added that the universal name and theme has been really helpful to give the space an identity. • Council President Goodhouse asked if the livestream of the site would continue past demolition. Director Asher confirmed it would be continued. TIGARD CITY COUNCIL MEETING MINUTES — October 13, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 9 Mayor Snider announced they would reconvene as the City Council for the remainder of the meeting. 10. NON-AGENDA ITEMS 11. ADMINISTRATIVE REPORT Assistant City Manager Nyland provided an administrative report,including updates on: • The Public Safety Advisory Board (PSAB) community caucus closed and 16 candidates are being forwarded to Council for review, • The city and TCDA received a favorable S&P credit rating, • Oregon still in COVID-19 reopening phase 1 and doubling public communications to continue pandemic prevention measures, • Human resources department has organized a flu shot clinic for staff, as well as • Updated public engagement measures for the past week. 12. EXECUTIVE SESSION —None. 13. ADJOURNMENT At 9:41 p.m., Councilor Lueb made a motion to adjourn. Councilor Anderson seconded. Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ The motion passed unanimously. Caroline Patton,Deputy City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — October 13, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 9 of Tigard Tigard City Council Meeting Minutes TIGARD October 20, 2020 o 1. WORKSHOP/BUSINESS MEETING A. At 6:31 p.m.,Mayor Snider called the City Council and Town Center Development Board workshop and business meeting to order. B. Deputy City Recorder Patton called the roll. Present Absent Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Council President Goodhouse ✓ C. Mayor Snider invited everyone to mute themselves and join him in the Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items—None. 2. COUNCIL BRIEFING ON THE ELIMINATION OF LIBRARY FINES TO ALIGN WITH WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES (WCCLS) Library Director Bernard provided a presentation to the Council regarding the proposed elimination of library fines by Washington County Cooperative Library Services (WCCLS). She explained that these finds represent a small fraction of the library's revenue,while disproportionately affecting those in need within the community. Additionally, removing fines will improve the public's interactions with the library. The net revenue represents a little over $7,000 in revenue for the city. If passed by the Washington County Board of Commissioners, the elimination of fines would go into effect at the beginning of 2021. Staff are asking Council to convey their support for the proposal. Mayor Snider said he would support the proposal and polled the Council: • Councilor Lueb said the Library Advisory Board was in support and she was as well. • Council President Goodhouse said he was in favor but asked what happened to items never returned. Director Bernard said they send a bill for the materials if they are never returned. • Councilor Anderson said he was in total support. • Youth Councilor Calderon was in support. • Councilor Newton was in support and thanked staff for the presentation. Director Bernard thanked Council for their support of equity in the library system. TIGARD CITY COUNCIL MEETING MINUTES — October 20, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 6 3. CONSIDER A RESOLUTION ADOPTING A UTILITY BILL RELIEF PROGRAM FOR RENTERS Finance and Information Services Director LaFrance explained this program was a four-part change: (1)it repeals and replaces the existing program enacted through Resolution No. 20-47, (2) expands the program to incorporate aid for renters or leasers, (3) continues the current program which is set to end January 1, 2021, (4) extends the waiver of late fees and water shut- off actions,which they are recommended be extended until April 2021. Director LaFrance explained that planned aid for renters will be $100 per month,with businesses that lease space receiving up to $500 in aid per month. Previous legal concerns regarding using water funds for utility aid were determined to be low risk. Mayor Snider pointed out this aid would be available to any customer who receives a City of Tigard bill,including non- water customers. Councilor Newton asked a clarifying question regarding the effective date and said she was in support. Councilor Lueb said she thought it was great they were able to include additional members of the community. Councilor Newton made a motion to approve Resolution No. 20-50. Council President Goodhouse seconded. Mayor Snider asked the City Recorder to read the number and title of the resolution. RESOLUTION NO. 20-50: A RESOLUTION REPEALING RESOLUTION NO. 20-47, EXPANDING ELIGIBILITY FOR TIGARD'S PROGRAM TO PROVIDE A MONTHLY UTILITY PAYMENT FOR MULTIFAMILY RESIDENTIAL AND BUSINESS TENANTS AFFECTED BY COVID-19,AND EXTENDING THE DURATION OF THE PROGRAM Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Abstain Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ The motion passed 4-0 with 1 abstention. Mayor Snider announced they will convene as the Town Center Development Agency for the next agenda item. 4. TOWN CENTER DEVELOPMENT AGENCY -UPDATE ON SUBSTANTIAL AMENDMENT TO THE CITY CENTER TAX INCREMENT FINANCING ('lIF) DISTRICT PLAN Redevelopment Manager Farrelly gave a brief presentation to the Council on the process for a substantial amendment to the City Center Tax Increment Financing (TIF) District Plan. He said the current indebtedness is $22 million and it will sunset in FY 2026-27. A substantial amendment would increase the maximum indebtedness and extend the duration of the district. TIGARD CITY COUNCIL MEETING MINUTES — October 20, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 6 He explained that staff identified six projects that could be added to the District Plan through a substantial amendment,including a downtown connectivity plan,public space investments like Universal Plaza, and station area improvements around the SW Corridor. The projects are currently estimated at $20 million. There are several options to choose from if Council decides to go for a substantial amendment. On the current timeline,they would be going to the ballot in May 2021. Councilor Newton asked Mr. Farrelly to comment on why May was important because of timing. He said the timing of some of the projects makes it better to go ahead and secure the financing and reduce future uncertainty. Councilor Lueb asked Mr. Farrelly to provide an overview of TIF. He explained that the amendment would not increase people's taxes and Tigard is one of a few jurisdictions in Oregon that require voter approval for such amendments. Mayor Snider announced they will reconvene as the City Council for the remaining agenda items. 5. RECEIVE BRIEFING ON HALL BOULEVARD JURISDICTIONAL TRANSFER PROCESS Senior Transportation Planner Roth introduced Matt Freitag from the Oregon Department of Transportation (ODOT) as he described the proposed jurisdictional transfer of a portion of Hall Boulevard. He said that should the city take over ownership of this segment,it would help the city realize strategic goals in the downtown area and around the proposed SW Corridor rail line. He said the segment in question spans three miles from Locust Street to Durham Road. It is an arterial roadway of two to five lanes being traveled by 17,000 vehicles per day. City concerns are primarily due to the quality of the pavement and roadway surface generally. Mr. Roth explained that jurisdiction over Hall Blvd. would allow the city more control to realize visions in the downtown area in addition to more certainty in future planning efforts. In Spring 2020, staff commissioned a condition assessment study to assess the current condition and what would be required to bring the roadway to a status of good repair. Mr. Roth said the city and ODOT have been working together to help provide data for this study and more recently have been working to develop a Memorandum of Understanding(MOU).The MOU would set out a work plan for both agencies to follow should both decide to move forward with an Intergovernmental Agreement (IGA) with ODOT. • Mayor Snider asked about the segment of Hall that extends north of Locust Street to Scholls Ferry Road. Mr. Roth said that a broader conversation will need to occur. Matt Freitag said that the segment north of Locust Street is under the jurisdiction of the county and not under ODOT control. • Councilor Lueb said the condition of Hall Blvd is a major complaint of citizens and she asked if the state of good repair would meet the city's current standards under the pavement management index. Mr. Roth said that taking over jurisdiction would negatively impact the city's pavement condition index (PCI). There needs to be further discussions about how to get the road up to a state of good repair. TIGARD CITY COUNCIL MEETING MINUTES — October 20, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 6 • Mayor Snider asked if they would require a PCI of 80. Mr. Roth said he could not provide a value, but that he imagines they would require the road to match the PCI of the city at large before a jurisdictional transfer could occur. • Councilor Newton asked about funding options and at what point in this process they will begin laying out specifics regarding a financing plan. Mr. Roth said that it would be a point of negotiation in the IGA and Matt Freitag agreed. • Councilor Anderson asked Mr. Freitag what their attitude was toward a transfer. He confirmed they were open to a transfer,mostly because it does not function as a state highway anymore. • Council President Goodhouse mentioned the legislature's discussion on orphan highways and potential funding. Mr. Roth said he was aware of the program and the timing may not align with this transfer. • Youth Councilor Calderon said it was a bumpy road. Mayor Snider polled the Council, and all were in favor of staff work moving forward. 6. CONSIDER A RESOLUTION OF NECESSITY RELATED TO EASEMENT ACQUISITION FOR THE FANNO CREEK TRAIL Project Manager Morris said this project would build three new segments of the Fanno Creek Trail and improve one existing segment. Funding is coming from federal sources but administered by ODOT. The city has many existing easements but will need more to construct these segments in addition to temporary construction easements.This resolution would establish the project need and lay the groundwork for condemnation should the need arise. Councilor Anderson made a motion to approve Resolution No. 20-51. Councilor Newton seconded. Mayor Snider asked the City Recorder to read the number and title of the resolution. Resolution No. 20-51: A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE FANNO CREEK TRAIL CONNECTIONS PROJECT AND AUTHORIZING EMINENT DOMAIN AND IMMEDIATE POSSESSION IF NECESSARY Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ The motion passed unanimously. 7. RECEIVE BRIEFING ON THE WATER SYSTEM MASTER PLAN UPDATE PROJECT Executive Manager Goodrich said this project is an update to the city's Water System Master Plan (WSMP). It is completed every six years and helps inform the 20-year Capital Improvements Plan (CIP) and system improvements. In previous updates, the city was focused TIGARD CITY COUNCIL MEETING MINUTES — October 20, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 6 on securing a water source. Now that is determined through the Lake Oswego-Tigard (LOT) partnership and so the update can turn to important system improvements. He introduced Heidi Springer and Candace Coleman from consultant team Murray Smith,who would be presenting the information to Council. Candace Coleman said the project included a water system analysis,including supply,treatment, delivery, and ASR wells. The plan contemplates the water supply and projected demand in order to evaluate capacity, assess condition and vulnerabilities, and identify improvements to provide the desired level of service. The distribution system analysis looks at operational efficiency, pressure flows, storage and pumping capacity, facility condition,water age and quality. Ms. Coleman reviewed the need for pipe renewal and replacement program to protect against damage from aging infrastructure. Executive Manager Goodrich described the recent water main break on Greenfield in Tigard as an example of the consequences of not maintaining the pipes and other system infrastructure. Ms. Coleman said the WSMP plan will also evaluate seismic resiliency,including a strategy for protection and a 50-year seismic CIP. Executive Manager Goodrich said staff would be returning to Council in November with more detailed information. In December, Council will consider approval of the MSWP document. He added that the rate study and cost of service analysis and System Development Charge (SDC) methodology updates are coming up and he hopes this project will be complete by that time. Councilor Anderson said this was an important project with a lot of moving parts and they're excited to see it move forward. Councilors Lueb and Newton concurred. Council President Goodhouse was concerned that the Willamette River water intake facility was not included in this plan, as well as a couple of emergency water sources. Ms. Coleman said they had been considering all these potential sources. Executive Manager Goodrich said that water supply interties and supplemental supply for emergencies are vital to the water system and come into the plan within the water supply analysis. Council President Goodhouse asked the document include these sources and Executive Manager Goodrich agreed. Mayor Snider concurred these should be included, even if some sources are currently blocked by the city charter. Both Mayor Snider and Council President Goodhouse emphasized that the city needs to be transparent about the investment the city has made in those alternate water sources. 8. NON-AGENDA ITEMS Mayor Snider noted two items of public comment received from Michael Brewin regarding urban renewal and four Universal Plaza project haikus. 9. ADMINISTRATIVE REPORT Interim City Manager Nyland provided a robust administrative report. Highlights of the report included: • Two of the Public Safety Advisory Board (PSAB) candidates have dropped out and one did not respond to the supplemental questionnaire, so there is a total of 13 profiles on next week's agenda; • The Leadership Team participated in a two-day training as part of the city's anti-racism action plan; • There are six openings on boards and committee currently; TIGARD CITY COUNCIL MEETING MINUTES — October 20, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 6 • Focused strategic communications efforts, particularly on Nextdoor website; and • Successful debt service bonds refinancing that will reduce the amount taxpayers pay in interest. Mayor Snider added that the Tigard Chamber of Commerce is declining a seat on PSAB due to the time required. He recommended maintaining the size and balance of the group by adding a seventh voting community member from the current applicant pool. He also said that he was recommending John Trinh from Luke-Dorf,Inc. as the mental health community representative. Council President Goodhouse said he would like a member of the business community or at least a business owner since that was the intention for the position. Mayor Snider said he could look through the applicant pool for a member who meets that requirement. 10. EXECUTIVE SESSION Mayor Snider announced that the Tigard City Council will go into Executive Session to discuss the employment of a public officer under ORS 192.660(2)(a). 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. The City Council adjourn at the close of executive session. 11. ADJOURNMENT At 9:27 p.m., Councilor Anderson made a motion to adjourn. Councilor Newton seconded. Yes No Councilor Newton ✓ Councilor Lueb* Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ The motion passed 4-0 (*Councilor Lueb left before adjournment). Caroline Patton,Deputy City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — October 20, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 6 1111 ■ City of Tigard = Tigard City Council Meeting Minutes TIGARD October 27, 2020 r• 1. STUDY SESSION A. COUNCIL LIAISON REPORTS • Youth Councilor Calderon said that the Tigard Youth Advisory Council (TYAC) had a meeting yesterday and they are working hard to create a program providing peer support for tutoring. • Councilor Newton said none of her groups met since they last reported out,but she encouraged Council to visit the TYAC peer support page,which she thought looked great.Youth Councilor Calderon agreed to send the link to all of Council. • Councilor Lueb said she was not able to make her meetings the past two weeks and has nothing to report since having her baby two weeks ago. • Councilor Anderson said the Westside Economic Affiance (WEA) land use and housing meeting discussed House Bill 2001 and House Bill 2003. He said he participated in a panel discussing the "missing middle"in housing. Councilor Anderson said the Planning Commission is looking to change some of the commercial use zoning. He said that not all projects fit nicely into the existing categories and the zoning change would be groundbreaking. He said Council would be briefed before the changes, called M.A.D.E., was rolled out, but it will allow owners to lease buildings that have been sitting unused. • Mayor Snider asked about the timing of proposed zoning changes and when they would be coming before Council. Councilor Anderson said he thought they would come before Council before the end of the year with implementation in the second quarter of 2021. • Council President Goodhouse reported he would attend an upcoming virtual rail- volution conference. He attended the building bridges seminar and learned a lot. The Mayor, Councilor Lueb and himself participated in Shining Stars last week through the Tigard Area Chamber of Commerce. He said he and Councilor Newton had a rich discussion on Facebook Live as part of their"Spark!" series. • Mayor Snider said he wanted to be sure they were keeping up with the latest news on COVID infection rates,which continue to climb. He said he would continue encouraging the public to wear masks. • Council President Goodhouse added that bowling and ice skating rinks are now reopened under phase 1. B. DISCUSSION OF PUBLIC SAFETY ADVISORY BOARD APPLICANTS Mayor Snider said he would like to provide a plan on how to discuss the Public Safety Advisory Board (PSAB) applicants later in the business meeting. City Attorney Rihala confirmed they could have a full discussion of the PSAB applicants so long as it was in a public meeting,which this was. Mayor Snider began by recommending that the five members with the largest share of community votes—Jimmy Brown,Justin Low,Danny Rauda,Valerie Sasiki,Thurman Lee Landers—be directly appointed. TIGARD CITY COUNCIL MEETING MINUTES — October 27, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 11 • Councilor Newton asked if Valerie Sasiki would be a good member to represent the local business perspective. Mayor Snider asked if she supported the initial proposal to appoint the five members with the most community votes. She said yes,with the inclusion of Ms. Sasiki, and Mayor Snider confirmed. • Councilor Lueb echoed Councilor Newton on Ms. Sasiki,agreeing that she could fill the business perspective space. She said she whole-heartedly supported those five members. • Councilor Anderson said he supported it since there was an obvious breakpoint between them and the rest of the group. • Youth Councilor Calderon agreed they should appoint them due to their exceptional applications. • Council President Goodhouse said he agreed with the appointments of Thurman Landers,Danny Rauda,Jimmy Brown, and Valerie Sasiki. He proposed appointing John Gerhard. Mayor Snider asked where Justin Low was on his analysis. Council President Goodhouse said he was a maybe and asked if they were debating. Mayor Snider explained that he put forth a proposal that all other Council members have agreed. Council President Goodhouse said that if everyone else is on board then it was worked for him. He agreed Low had great responses but was wondering if he was too politically partisan. There was a brief discussion and Council President Goodhouse agreed to the Mayor's proposal. Mayor Snider reminded Council they needed two additional members and two alternates. • Council President Goodhouse said that Jeff Mott would be a good representative for the business community. His second choice would be Valerie Sasiki. • Councilor Anderson said his ranking mirrored that of the community, so John Gerhard and Justus Rogers were the next two. He suggested they may want to appoint more female members to round out the group. • Councilor Lueb suggested John Gerhard and Sheherazade Weyland.Although Ms. Weyland was young, she felt her crisis call experience would be a valuable perspective. • Councilor Newton suggested Sheherazade Weyland and echoed Councilor Lueb's comments. Next in her ranking was John Gerhard and then Patty Lofgren. • Youth Councilor Calderon suggested John Gerhard, Sheherazade Weyland, and Patty Lofgren. • Mayor Snider said he was proposing Jeff Mott,John Gerhard, Sheherazade and Patty Lofgren. He said he was feeling consensus around the group of people and wondered if they could move on to discussing who should be full members versus alternate ones. • Council President Goodhouse suggested John Gerhard, Shaun Stuhldryer and Patty Lofgren, Sheherazade Weyland,Nick Jarmer. He said he could come to consensus on the four other applicants Council had identified:Jeff Mott,John Gerhard, Sheherazade Weyland and Patty Lofgren. • Mayor Snider asked if Council wanted to consider Shaun Stuhldryer to be a member. Councilor Newton said she had Shaun Stuhldryer rated a lot higher than Jeff Mott, but the rest of the Council may have a different perspective She felt Mr. Stuhldryer expressed more lived experience in his application. Mayor Snider felt Mr. Mott had a different way of thinking about things and would bring a different perspective. TIGARD CITY COUNCIL MEETING MINUTES — October 27, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 11 • There was discussion on if the business representative would be appointed separately or include them as one of the seven community members. Mayor Snider polled the Council and there was consensus they did not need to identify the business representative separately but would include them with the seven community members. • Councilor Newton asked who they were considering for the four remaining positions. Mayor Snider recited the list:John Gerhard, Sherazade Weyland, Patty Lofgren,Jeff Mott and Shaun Stuhldryer. • Council discussed unique perspectives available in the applicant pool. Mayor Snider advocated for the unique perspective of Ms.Weyland and proposed she be a voting member. He polled Council and all members agreed by a show of thumbs. • Councilor Lueb proposed Patty Lofgren as the final voting member, saying she brought extra diversity as a teacher and community member. o Youth Councilor Calderon said he had ranked Mr. Gerhard higher,but Ms. Lofgren was close after that, so either applicant was fine with him. o Councilor Newton said she supported Patty Lofgren for the reasons Councilor Lueb expressed. o Councilor Anderson said he had Mr. Gerhard, then Ms. Lofgren, so he was fine with choosing Ms. Lofgren. He said it would then be four men, three women. o Councilor Lueb added that she had ranked Ms. Lofgren higher than Mr. Gerhard because they already had two attorneys on the advisory board and Ms. Lofgren would bring a different perspective and occupation. Mayor Snider added there would also be the municipal court judge, another attorney. o Councilor Anderson said he liked Ms. Lofgren's CERT experience. o Council President Goodhouse said he had Mr. Stuhldryer and Mr. Gerhard as his desired voting members, but Ms. Lofgren was an alternate. He said he was unsure where Mr. Mott would fit in. o Mayor Snider suggested Patty Lofgren be a voting member and Jeff Mott will be a non-voting, alternate member. He polled members of the Council and all agreed verbally with that proposal. • Mayor Snider asked who wanted to make an argument for either Mr. Stuhldryer or Mr. Gerhard as the final alternate member. o Councilor Anderson said Mr. Gerhard got 30 more community votes than Mr. Stuhldryer. o Councilors Lueb and Newton said they were supportive of John Gerhard as the last appointment as a non-voting member. o Youth Councilor Calderon agreed. o Council President Goodhouse agreed. Mayor Snider said no one applied formally for the mental health position, but John Trinh of Luke-Dorf, Inc. a.k.a. New Narrative has expressed interest in being appointed. Mayor Snider proposed he be appointed as the advisory board's mental health representative. Councilor Lueb said we were lucky to have him as a community member and to show interest in this effort. Mayor Snider discussed the Council liaison to the PSAB. He proposed Councilor Newton serve as the representative on the advisory board. He asked if there were any major concerns TIGARD CITY COUNCIL MEETING MINUTES — October 27, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 11 from Council and there were none expressed. Councilor Newton said she was enthused and inspired by the applications and knows it will be a lot of work. Mayor Snider polled the Council and there was unanimous support through a show of thumbs. Interim City Manager Nyland said staff will be notifying the applicants soon and Council will consider the formal appointments in November. Council President Goodhouse asked about the representative from the Tigard Chamber of Commerce and asked if the Council could reach back out to encourage their participation in the advisory board. Mayor Snider said the Chamber CEO was clear that the Board of Directors and staff declined to participate at that level. Mayor Snider agreed it would have been nice to have them at the table,but they will continue to be involved in a smaller capacity. 2. BUSINESS MEETING A. At 7:30 p.m.,Mayor Snider called the City Council meeting to order. B. Deputy City Recorder Patton called the roll. Present Absent Council President Goodhouse ✓ Councilor Newton V Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider V Youth Councilor Calderon ✓ C. Mayor Snider invited everyone to mute themselves and join him in the Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items—None. 3. PUBLIC COMMENT Mayor Snider stated that written public comments were due by 4:30 p.m. and call in questions will be taken via telephone by calling 503-966-4101 now and the call-in number was posted on the screen. A. Follow up to previous public comment—None. B. Public Comment—Written • Michael Brewin submitted public comment on Tax Increment Financing (TIF) Districts C. Public Comment—Phone In—None. 4. INFORMATIONAL PUBLIC HEARING: CONSIDER A RESOLUTION ADOPTING THE FY 2021 SPECIAL BUDGET SUPPLEMENTAL A. Mayor Snider opened the public hearing. TIGARD CITY COUNCIL MEETING MINUTES — October 27, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 11 B. Mayor Snider announced that anyone may offer testimony.Written comments were due at 4:30 p.m. and those wishing to testify via phone should call 503-966-4101 to be put in the queue. C. Staff Report— Senior Management Analyst Kang explained that the supplemental budget contains one item, a second round to the city's Residential Aid Fund of Tigard (RAFT) program.This will be funded by a one-time transfer from the general fund contingency line item. This transfer will increase the budget by roughly$100,000. Staff recommended approval of the resolution as presented. D. Public Testimony—None. E. Response to testimony by staff—None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Resolution No. 20-52 Councilor Newton made a motion to approve Resolution No. 20-52. Council President Goodhouse seconded the motion. Mayor Snider asked the City Recorder to read the number and title of the resolution. Resolution No. 20-52:A RESOLUTION TO ADOPT THE FY 2020-21 SPECIAL BUDGET SUPPLEMENTAL FOR COVID-19 RESPONSE INCLUDING BUDGET ADJUSTMENTS TO POLICY AND ADMINISTRATION. Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ The motion passed unanimously. Councilor Newton thanked staff for bringing this to Council so they can continue to assist those who need it. 5. CONSIDER A RESOLUTION APPOINTING A MEMBER TO THE WATER ADVISORY BOARD (WAB) Executive Manager Goodrich said staff were recommending that Neha Neelwarne be appointed to the Water Advisory Board (WAB) as an at-large member representing Tigard. She was interviewed and recommended by WAB members. Mayor Snider thanked her for her participation. Councilor Lueb made a motion to approve Resolution No. 20-53. Council President Goodhouse seconded the motion. Mayor Snider asked the City Recorder to read the number and tide of the resolution. Resolution No. 20-53:A RESOLUTION APPOINTING NEHA NEELWARNE AS AN AT- LARGE MEMBER OF THE WATER ADVISORY BOARD REPRESENTING THE INTERESTS WITHIN THE CITY BOUNDARY. TIGARD CITY COUNCIL MEETING MINUTES — October 27, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 11 Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ The motion passed unanimously. 6. HIRING CRITERIA FOR TIGARD'S MUNICIPAL JUDGE Human Resources Director Bennett explained that the city's 30-year Municipal Court judge has provided notice he will be preparing to retire at the end of the year. She described the process they will use to hire a replacement for the position. Staff are proposing they run a full recruitment process through the human resources department (HR),bringing finalists before Council. Council could request less or more involvement in the hiring of the Municipal Court Judge. Mayor Snider asked about the hiring criteria and Ms. Bennett explained they did not have an existing job description and so they had to create a job description for the position. This is the hiring criteria they would like Council to review. Most requirements are set by statute or city code and so cannot be changed. Mayor Snider asked Council for any questions or comments: • Council President Goodhouse said he would like this hiring process to mirror that of the City Manager hiring process, requiring greater City Council involvement. • Councilor Lueb said she agreed with having Council be more involved in the hiring process. • Youth Councilor Calderon said Council involvement was always good and he would support it. • Councilor Anderson said he would favor the staff recommendation, but he would be okay with greater involvement. • Councilor Newton said she too was more inclined to go with the staff recommendation but was fine if others felt greater involvement was important. • Mayor Snider asked if staff were confident this position was a large enough Full-Time Equivalent (FTE). Central Services Director Robinson responded that they are not holding in person court at this time. They hope that the next six months will help them assess the workload for the position but believe the current FTE (0.5-0.65) was sufficient for now. Mayor Snider said he was uneasy about that as far as the impacts on recruitment. Director Robinson said they would make it clear this was a starting FTE and it may increase with time,but that there was not enough work for a full FTE at this time. Mayor Snider asked if Council President Goodhouse and Councilor Lueb were willing to be the two Councilors with greater involvement in the hiring process and they agreed. TIGARD CITY COUNCIL MEETING MINUTES — October 27, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 11 Council President Goodhouse said he would like to emphasize the flexibility of the person to increase to a full FTE. HR Director Bennett said they have discussed how to make the posting clear the time may increase, and applicants should be able to accommodate that. 7. INFORMATIONAL PUBLIC HEARING: CONSIDER A RESOLUTION AMENDING THE MASTER FEES AND CHARGES SCHEDULE A. Mayor Snider opened the public hearing. B. Mayor Snider announced that anyone may offer testimony.Written comments were due at 4:30 p.m. and those wishing to testify via phone could call 503-966-4101 to be put in the queue. C. Staff Report— Business Manager Barrett recalled Council has had many discussions over the past few months regarding the timing of the utility rate increases and the additional funding for the parks maintenance operations. The current utility rate increases are scheduled for January 1, 2021 and Council is interested in other options due to the COVID-19 pandemic. Staff have prepared information for Council to consider: • Scenario for postponement of rate increases until July 1, 2021, same rate pushed out one year later; • Scenario for postponement of rate increases until July 1, 2021 and combined with estimated FY 2022 scheduled rate increases; as well as • The monthly cost of postponing utility rate increases. Business Manager Barrett said staff need a decision tonight if Council would like to move forward with the January 1, 2021 rate increases as scheduled to be able to mount a successful communications plan. In terms of parks maintenance funding, three positions are currently being funded by reserves, but the Budget Committee has signaled the desire to have a conversation about long-term funding for these three staff. Staff are recommending the rate increases be implemented as scheduled and the parks and recreation fee (PARF) be increased by $1.52/edu to fund the three parks maintenance positions. Mayor Snider invited questions from the Council: • Councilor Newton asked a clarifying question regarding the total rate increase proposed in the staff recommendation. Business Manager Barrett said there is no catch-up, they are adopted rates Council put into effect in June 2020. It would resume regular rate increases moving forward. • Council President Goodhouse asked about the length of the current utility aid program. Finance and Information Services Director LaFrance explained that the current program was extended until June 30, 2021. Mayor Snider added that was an important point regarding whether to move forward with utility rate increases generally. Specifically, that a program already exists to help those struggling due to COVID-19 impacts. D. Public Testimony—None. E. Response to testimony by staff—None. F. Mayor Snider closed the public hearing. G. Council Discussion and Consideration: Resolution No. 20-54 TIGARD CITY COUNCIL MEETING MINUTES — October 27, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 11 • Council President Goodhouse increaspointed out the aid program was to show Council has already addressed helping those in need of relief. For the system to stay safe and up to date,he felt Council needed to move forward with rate increases. • Councilor Newton thought the rates needed to be increased,but she was concerned about the messaging as it stood. She suggested staff needs to be more specific in the way they are communicating with the public. She felt strongly they needed stronger messaging about maintaining infrastructure before implementing increases and thought the materials needed to be simpler and more specific. • Councilor Lueb reviewed the multiple scenarios provided by staff and she was in support of putting off the increase and then implementing both January and July increases in July 2021. She emphasized the importance of the Parks Master Plan in taking a holistic look at parks maintenance needs and did not support an increase in parks fees at this time. • Mayor Snider said it was counterintuitive to him that they would benefit financially by compounding the rate increase at the later July 1 date. Management Analyst Rico said that it was because the city forgoes the additional revenue in the first scenario but in the second scenario the forgone revenue of the delayed increase is made up in the July increase and therefore the cumulative six-year impact would be better in the second scenario. • Council President Goodhouse said he would not want a double increase in July not knowing the condition of the economy. There was further discussion on this point and Mayor Snider emphasized the psychology of the double increase. • Councilor Anderson said he was on board with a full-year delay,with a double increase in July and the addition to the PARF. • Youth Councilor Calderon asked for clarification on Councilor Lueb's proposal and she said it was the third scenario proposed in the staff materials. • Councilor Newton said that would give them an opportunity to do robust communication around these rate increases. She asked Director LaFrance if these increases would impact the city's bond worthiness. He explained that they have received favorable bond ratings and regular rate increases are one of the management factors they look at in that determination. He said a brief delay would not be damaging, but continuing delays in increases moving forward could become impactful. He added they do not know who will be on Council at the time the next rate increases come before Council. • Council President Goodhouse said it worried him to wait to implement the rate increases and he was concerned about the optics of double increases. • Mayor Snider said he shared similar concerns and said it would be a different situation if there was no aid program in place. • Councilor Newton did not disagree with their points but thought they were missing a major component in communications. Right now,people are struggling and the message about why this increase is necessary is not out there. • Mayor Snider said that could be corrected between now and January.There was further discussion regarding the communications plan and Communications Coordinator Grass weighed in on how staff could improve communications surrounding these increases and their value to the community. Mayor Snider asked Councilor Newton if those additions would impact her support. • Councilor Newton said she still thought the parks and recreation fee should not be increased at this time. TIGARD CITY COUNCIL MEETING MINUTES — October 27, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 11 • Council President Goodhouse said he was concerned with kicking the can down the road on the parks fee when they are so behind. • Mayor Snider said they have been having this parks maintenance funding discussion for years. • Councilor Anderson said he could support a January 1 fee increase with better messaging on the utility bill assistance program. • Councilor Lueb said she stood behind her original opinion. • Councilor Newton said she did not want to take action on a parks maintenance fee increase at this time. Council President Goodhouse made a motion to approve Resolution No. 20-54 as recommended by staff. There was no second. Public Works Director Rager added that the recreation program was not related to the parks and recreation fee increase, since the increase would fund three existing positions in parks maintenance. He emphasized that this would fund parks maintenance staffing at the level they need for the current fiscal year. Councilor Lueb added that the parks budget is currently funded through the end of this fiscal year and they still have time to figure it out. Council President Goodhouse made a motion to approve Resolution No. 20-54, as amended to delay the PARF rate increase to July 2021. Councilor Anderson seconded the motion. Mayor Snider asked the City Recorder to read the number and title of the resolution. Resolution No. 20-54:A RESOLUTION AMENDING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE,WHICH WAS ADOPTED UNDER RESOLUTION NO. 20- 32,AS AMENDED Mayor Snider asked Council for any additional thoughts or comments: • Youth Councilor Calderon voiced his support for the amended motion. • Councilor Lueb said that scheduling the PARF increase in July negated the reasoning to wait until the Parks Master Plan is available. Director LaFrance agreed and said that in delaying the PARF increase, staff would impose a double increase in July 2021. • Councilor Newton asked a clarifying question regarding the PARF increase implemented on July 1, 2021. • There was discussion regarding separating the PARF into a separate item for Council consideration. Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Council President Goodhouse V Councilor Newton V Councilor Lueb V Councilor Anderson V Mayor Snider V The motion passed with a 3-2 vote. TIGARD CITY COUNCIL MEETING MINUTES — October 27, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 11 8. DISCUSSION OF PUBLIC SAFETY ADVISORY BOARD (PSAB) APPLICANTS Councilor Lueb made a motion to change the PSAB membership to remove the voting representation from the business community due to the chamber of commerce requesting it, to be a liaison role instead and adding an at-large community member role and direct staff to prepare materials to appoint Jimmy Brown,Justin Low,Danny Rauda,Thurman Lee Landers,Valerie Sasiki, Sheherazade Weyland and Patty Lofgren as full,voting members, and appointing John Gerhard and Jeff Mott as alternate, non-voting members of the PSAB. Councilor Newton seconded the motion. Mayor Snider said if the public wanted to view Council's deliberation, they can view the recording of the study session that preceded this business meeting. Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ The motion passed unanimously. Councilor Lueb made a motion to appoint John Trinh from LukeDorf, Inc. as the mental health professional for the PSAB. Councilor Newton seconded the motion. Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ The motion passed unanimously. Councilor Lueb moved to appoint Councilor Newton to the PSAB as the Council liaison. Councilor Anderson seconded the motion. Mayor Snider asked the City Recorder to conduct a roll call vote. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — October 27, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 11 9. NON-AGENDA ITEMS 10. ADMINISTRATIVE REPORT Interim City Manager Nyland provided the following administrative reports: • There are new phase 1 openings of bowling and skating rink facilities, • The city's recent drug takeback program was successful with over 185 participants, • The election is next Tuesday and there will be no Council meeting that evening, and • Staff will return with the formal PSAB appointments at the November 10th business meeting. 11. ADJOURNMENT At 9:07 p.m., Council President Goodhouse made a motion to adjourn. Councilor Lueb seconded the motion. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ The motion passed unanimously. Caroline Patton,Deputy City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — October 27, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 11 City of Tigard City Council & TCDA Business Meeting Minutes T I GARD November 10, 2020 STUDY SESSION A. EXECUTIVE SESSION At 6:30 p.m. Mayor Snider announced that the Tigard City Council was entering into an Executive Session to discuss real property negotiations under ORS 192.660(2)(e) and read the following: 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. At 6:45 p.m. Mayor Snider announced that the Tigard City Council was entering into an Executive Session to discuss the evaluation of a chief executive officer under 192.660.(2)(i) and the same provisions as read previously would apply to this Executive Session. B. COUNCIL LIAISON REPORTS Due to time constraints liaison reports were not given. 1. BUSINESS MEETING A. At 7:32 p.m. Mayor Snider called the Tigard City Council and Town Center Development Agency meeting to order. B. City Recorder Kroger called the roll. Present Absent Youth Councilor Calderon ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ C. Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance.A flag was projected on the screen. D. Call to Council and Staff for Non-Agenda Items—There were none. TIGARD CITY COUNCIL MEETING MINUTES —November 10, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 7 2. PUBLIC COMMENT Mayor Snider announced that written public comments were due by 4:30 p.m. and call-in questions would be taken via telephone by calling 503-966-4101 now to get in the queue. A. Public Comment—Written: No comments were received. B. Public Comment—Phone In: None. C. Follow up to Previous Public Comment—Interim City Manager Nyland provided follow-up on a previous comment related to urban renewal and tax increment financing. She said a thorough explanation on tax increment financing was sent on October 29 and was well received. Mayor Snider said both the resident and staff found the response very informative. D. Tigard High School Envoy—Caroline Frisiras provided a brief update of THS Activities. On October 27 a virtual pumpkin carving contest was held with students showing pictures of their pumpkins on Instagram and then voting on a winner. On October 28 there was a virtual DJ dance party after their social/emotional learning check in. The Oregon Association of Student Council fall conference was held via Zoom and ten Tigard High students attended,learning about equity and ways to keep students engaged at this time. Postcards were mailed out to veterans in the community that normally would have attended the annual assembly at the high school. A slideshow of photos submitted by veterans will be posted on the Leadership website honoring them on Veterans Day. Club Rush was held virtually and over 900 students participated. Councilor Newton commented that even while having to do everything virtually during the pandemic they are getting a lot done. E. Update from Police Chief McAlpine: An increase in both person and property crimes has occurred in the last month. Assaults were at 17 last year at this time and up to 56 this year, including two incidents at the Bottle Drop location when employees were attempting to close for the evening. She drew attention to the photo enforcement numbers,which are going down. People are becoming aware of photo-enforcement and are changing their behavior, as was the hope. Regarding police reform and law enforcement's role in homelessness, she assigned Community Service Officer Peterson to take the lead and work with non-profit and community outreach folks to make contact with homeless individuals and share information about resources available to them. This has been successful so far. The Tigard Police Officer's Association (TPOA) stepped up to house a family, including a seven-year old child found sleeping in a car overnight (they were wildfire victims that lost their home and jobs) and the next day the CSO found housing for them for 26 days and the child is in online school.The family is very appreciative. Chief McAlpine noted that Tigard has participated with TriMet for transit policing for the past twenty years. Due to staffing constraints, she pulled two officers in October and will pull two more back this month due to emerging staffing issues with light duty and new officers in training. The Multnomah County Sheriff's Department is taking over TriMet policing in early 2021 so the timing is good for this transition. TIGARD CITY COUNCIL MEETING MINUTES —November 10, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 7 Council President Goodhouse thanked the Chief and all the officers for the great job they do and acknowledged that it is that much more difficult with COVID-19 restrictions such as limited jail space. Councilor Newton got an email from Representative Doherty, a member of the Just Compassion Board,which she forwarded to the Chief and was heartened by the prompt response and the compassion shown to our homeless community by Tigard police officers. Councilor Newton reminded the community that Chief McAlpine has done a wonderful job keeping everyone updated through the transparency web site and reporting on how the public safety levy money is being spent to hire officers. F. Tigard Area Chamber of Commerce Community and Member Engagement Manager Love provided a brief update on Chamber activities. Leadership Tigard met today and in a socially distant way,learned about Tigard history. She expressed congratulations from the Chamber to election winners Councilor Lueb and Councilor-elect Shaw. Small business Saturday is November 28. The Holiday Tree Lighting will be a week-long event ending in a virtual tree lighting. 3. CONSENT AGENDA— A. PROCLAIM NOVEMBER 28, 2020 AS SMALL BUSINESS SATURDAY Councilor Lueb moved for approval of the Consent Agenda and Councilor Newton seconded the motion. City Recorder Krager conducted a roll call vote and the motion passed unanimously. Mayor Snider encouraged everyone to, "shop local." Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ 4. APPOINT MEMBERS TO THE PUBLIC SAFETY ADVISORY BOARD Communications Manager Wyatt gave the staff report. He acknowledged the role the community played throughout this process. In May 500 comments and ideas came in from the community and one of those ideas was to create a public safety advisory board. Community interest was robust with 39 people interested in serving on the board. A virtual caucus narrowed the number down to 16 finalists and then on October 27 Council selected nine PSAB members - 7 voting members and 2 alternates. Councilor Lueb moved to appoint Jimmy Brown,Justin Low,Danny Rauda,Thurman "Lee" Landers,Valarie Sasaki, Sheherazade Weyland and Patty Lofgren as voting members and Jeff TIGARD CITY COUNCIL MEETING MINUTES —November 10, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 7 Mott and John Gerhard as alternates to the Public Safety Advisory Board. Councilor Newton seconded the motion. City Recorder Krager conducted a roll call vote. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Mayor Snider announced that the motion passed unanimously and asked if any Public Safety Advisory Board members wished to comment. • Jimmy Brown said he has lived here 30 years. This is a milestone. The focus is on not just being good but being better. He looks forward to working with the Chief, City Council and other members of the board. • Valarie Sasaki said she was delighted to be working with the group. She has noticed more diversity, both in the population of the high school, because she lives nearby, but also in the business district. She is excited to work on improving the environment for everyone. • Sheherazade Weyland said she was excited to be a part of this. She was surprised to be appointed since she is very young but is thrilled to be involved. Mayor Snider said it is critically important that the PSAB truly represent the entire community and that means including people of all ages and genders. • Patty Lofgren said she has lived in Tigard 28 years. She noticed that just in last 5-10 years Tigard has transformed and become a lovely,welcoming place. She said she is a former classroom teacher and now teaches teachers and her work has always been to help her students develop agency, ownership and belief in themselves and this PSAB is moving in the right direction. • Jeff Mott said he lives in Tigard with his wife and three young kids and he loves it here. He is thankful to join this team and get to work on Tigard's mission to make it more equitable for everyone. • John Gerhart echoed what Mr. Brown said and is looking to make Tigard a better place and is eager to get to work. Mayor Snider said it is customary when welcoming new members to serve on a board or committee to present them with a City of Tigard pin but that is not possible when meeting virtually. He asked Interim City Manager Nyland to make sure each member gets a pin mailed to them. The Council thanked all of the members and commented on the unprecedented level of community interest in this committee. 5. CONSIDER APPROVAL OF A DEVELOPMENT AGREEMENT AND GROUND LEASE WITH NORTHWEST HOUSING ALTERNATIVES,LLC FOR HOUSING ALONGSIDE THE SENIOR CENTER PROJECT TIGARD CITY COUNCIL MEETING MINUTES —November 10, 2020 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 7 Redevelopment Project Manager Farrelly introduced this agenda item with Northwest Housing Alternatives Director of Real Estate Development Destin Ferdun also in attendance. Council is being asked to authorize the City Manager to sign a Disposition and Development Agreement, including the form of a Ground Lease,with Northwest Housing Alternatives for the Alongside Senior Housing Project. NHA Real Estate Development Director Ferdun showed a brief slide presentation highlighting progress being made on this affordable senior housing project. In September 2020,Washington County awarded $6,270,000 in Metro Housing Bond funds and 23 project-based vouchers to the project. After being selected by the City of Tigard,NHA has participated in 14 community outreach events and more are planned in the coming months and throughout 2021. Mr. Ferdun said NHA has listened to community output and have made changes. Design updates include: • Straightened building and moved it away from the property line • Revised and added parking • Planned parking management plan • Privacy screens added to the rooftop • Removed retaining wall and relocated drive on south portion of property • Refined delivery truck access Mr. Ferdun showed slides of floor plans and elevations. Councilor Anderson commented that it is a great project and that the city leasing the property for 99 years is, "a no-brainer. It will be here for many generations." Redevelopment Project Manager Farrelly briefly walked through the DDA. Tenant must attain a survey outlining the lease area. Closing deadline is March 31, 2023. Closing may well be sooner. Substantial completion will be two years and several items will be negotiated after signing of the DDA,including the parking management plan, easement agreement and agreement of maintenance of landscaping and parking area. Council President Goodhouse moved to approve Resolution No. 20-55. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. Mayor Snider announced that Resolution No. 20-55 was approved unanimously. Resolution No. 20-55:A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A DISPOSITION AND DEVELOPMENT AGREEMENT WITH NORTHWEST HOUSING ALTERNATIVES TO LEASE A PORTION OF CITY OWNED PROPERTY AND CONSTRUCT AFFORDABLE SENIOR HOUSING TIGARD CITY COUNCIL MEETING MINUTES —November 10, 2020 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 7 Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb V Councilor Anderson V Mayor Snider ✓ Mayor Snider announced the City Council was convening as the Town Center Development Agency Board for the next agenda item. 6. TOWN CENTER DEVELOPMENT AGENCY—CONSIDER APPROVAL OF THE FOURTH AMENDMENT TO THE DEVELOPMENT AND DISPOSITION AGREEMENT WITH AVA TIGARD DEVELOPMENT LLC Redevelopment Project Manager Farrelly gave the staff report on the fourth amendment to the Development and Disposition Agreement with AVA Tigard Development,LLC,which will allow closing to take place within six weeks or sooner. This will allow enough time to record deeds, a lot- line adjustment and easements with Washington County. Building permits have been approved and AVA is working on their financing. In addition to a later closing date the amendment would waive the precedent before closing to review the financing plan, as there are binding commitment letters from their lenders and on them purchasing the property. The city reviewed their preliminary financial information and found it to be what they were expecting. The DDA requires commencement of construction within one year of closing and substantial completion of the project within two years. Mayor Snider noted that this is the culmination of a lot of staff and Council time as well as for AVA Development and he thanked everyone for working hard to make something that will be an incredible new addition to downtown Tigard. President Goodhouse commented that this is a project that has been in the works for a long time and people that have seen that lot sit empty for so long will be excited to see this project take shape. Director Lueb moved to approve the Fourth Amendment to the Development and Disposition Agreement with AVA Tigard Development LLC. Director Anderson seconded the motion. City Recorder Krager conducted a roll call vote. Yes No Director Goodhouse ✓ Director Newton ✓ Director Lueb ✓ Director Anderson ✓ Chair Snider ✓ TIGARD CITY COUNCIL MEETING MINUTES —November 10, 2020 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 7 Chair Snider announced that the motion passed unanimously. The City Council would reconvene for the remaining agenda items. 7. NON-AGENDA ITEMS. There were none. 8. ADMINISTRATIVE REPORT Interim City Manager Nyland thanked Council for appointing the community members of the PSAB and said they are aiming to have their first meeting in December. She said Governor Brown announced Washington County has been put on pause and staff who are able to, are strongly encouraged to continue working remotely for the next two to three weeks. The city is not hosting any in-person events and will continue to explore ways to connect virtually. Over 500 individuals participated in the virtual pumpkin scavenger hunt including 179 families. The November 30 date for the School Resource Officer program discussion with Tigard-Tualatin School District has a conflict so it will be rescheduled. Mayor Snider asked if it would be a formal joint meeting and Interim City Manager Nyland said it would. She welcomed Councilor-elect Shaw to the team. She noted that tomorrow was Veterans Day and thanked those who are serving or have served in the military. Mayor Snider thanked the veterans in Tigard and noted he will be attending a socially distanced opening of a veterans'park in North Plains on Veterans Day. 9. EXECUTIVE SESSION -None 10. ADJOURNMENT At 8:25 p.m. Councilor Lueb motioned for adjournment. Councilor Newton seconded the motion and City Recorder Krager conducted a roll call vote. The motion passed unanimously, and Mayor Snider announced the Council meeting was adjourned. Yes No Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —November 10, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 7 „ City of Tigard 1111 = Tigard City Council Meeting Minutes TIGARD November 17, 2020 1. BUSINESS MEETING A. At 6:31 p.m.,Mayor Snider called the Workshop meeting to order. B. Deputy City Recorder Patton called the roll. Present Absent Mayor Snider ✓ Youth Councilor Calderon ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ C. Mayor Snider invited everyone to mute themselves and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items— • Council President Goodhouse stated he would like to discuss further help the city may provide to businesses considering the freeze announced by the Governor on Friday, November 13th. 2. RECEIVE BRIEFING ON TIGARD MAINTAIN,ADVANCE,AND DIVERSIFY EMPLOYMENT (MADE) PROGRAM Associate Planner Pollard noted there would not be Council action on this item,but that this was an opportunity for Council to provide feedback to help shape how staff move forward. Tigard MADE—Maintain,Advance, and Diversify Employment—is needed to address changing conditions in development patterns and business operations. The changes proposed in this process would modernize the code, help address the constrained employment land supply in the city and diversify the types of development available here. The project will not look at residential zoning but will focus on industrial and commercial zoning codes. Heavy industrial uses will continue to stay separate but there will be more opportunities to encourage mixing with other uses, for example,breweries and tasting rooms combined in a single location, or residential uses located above commercial uses. Associate Planner Pollard emphasized the project is still in the early stages,but these are the questions staff will be analyzing. This provides an opportunity to modernize the city's code, focusing on social equity and environmental sustainability. Staff will place a heavy focus on these lenses,looking at city policies and regulations that act as barriers to historically marginalized communities.They will also seek ways to incentivize sustainable development. Associate Planner Pollard reviewed the public engagement plan,which includes outreach to a TIGARD CITY COUNCIL MEETING MINUTES —November 17, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 wide variety of stakeholders. A lot of the materials will be digital, conducted via surveys on the city's website. Ms. Pollard emphasized their efforts to reach those historically not included in the conversation. Mayor Snider asked Council for comments or questions: • Councilor Newton said she appreciated that home occupations were being considered as part of the project since business is changing coming out of COVID. She said it was important to balance flexibility with specificity in the code language. She asked Associate Planner Pollard to share what she had learned from conversations with developers and she responded they are learning more about what is possible as far as mixing uses, especially beyond residential and commercial. She said there is a desire for redevelopment for existing buildings,which is important due to the lack of existing employment lands. • Councilor Lueb thanked staff for the presentation. • Councilor Anderson asked about commercial real estate brokers in their project participants and Ms. Pollard confirmed they are included. He said he had heard frustrations from brokers regarding restricted uses in Tigard. He was interested in seeing what would come of flex spaces inside warehouses, for example. • Youth Councilor Calderon said it was a great presentation. • Council President Goodhouse asked about River Terrace West and whether it would become an employment land area. Assistant Community Development Director McGuire said they are not looking at River Terrace West as being exclusively employment land. He clarified they are looking at residential uses with retail mixed in,but they are far from anything being final. Council president Goodhouse said he was looking forward to seeing how they can diversify Tigard. • Mayor Snider asked if this would look like the lean code implemented within the Tigard Triangle.Assistant Director McGuire confirmed it would be a similar approach,i.e. form- based,with a reduction in the number of zones. Mayor Snider asked Associate Planner Pollard to introduce herself to the community. • Council President Goodhouse asked if they would be considering connectivity and walkability in their analysis and Associate Planner Pollard confirmed that they would. 3. CONSIDER APPROVAL OF TIGARD'S STATE & FEDERAL ADVOCACY AGENDA FOR 2021 Senior Management Analyst Hendrix explained that the proposed legislative agenda is like last year's list since the State legislature only passed three items during their last session. She noted the addition of the 99W corridor study since the transportation ballot measure from Metro did not pass and that a lot of the priorities overlap with those of the League of Oregon Cities (LOC). Mayor Snider asked how many topic areas they should choose and Senior Management Analyst Hendrix responded that four to six was an ideal number. Mayor Snider shared that they have been working with the State Representative-Elect Dacia Grayber from District 35 and several items are already in the form of legislative concepts for the next session. • Council President Goodhouse asked how a recent ballot measure would impact the marijuana tax item. Senior Management Analyst Hendrix said that this item was being pursued by LOC. Mayor Snider added the Mayors Consortium was pushing for local control and protecting home rule. TIGARD CITY COUNCIL MEETING MINUTES —November 17, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 8 • Councilor Lueb listed (1) Property tax reform, (2) Preserve local decision-making authority, (3) Affordable housing, and (4) Broadband and digital access. She said (5) Mental health services and (6)Jurisdictional transfer of Hall Blvd.would go on her list as well. • Council President Goodhouse listed (1) Mental health services, (2)Jurisdiction transfer of Hall Blvd., (3) Property tax reform, (4) Preserve local decision-making authority, and (5) 99W Corridor Study. • Councilor Lueb said she felt broadband and digital access should be a basic utility everyone can access, and it should be a priority. • Youth Councilor Calderon said he listed (1) Broadband and digital access, (2) Mental health services, (3)Jurisdictional transfer of Hall Blvd., (4)Affordable housing. He said he would support property tax reform given Council's support. Mayor Snider said it has been a problem for 25 years and Councilor Lueb added that State Senator Burdick was planning to take this issue on in her last session in the legislature. • Council President Goodhouse asked a clarifying question about the broadband and digital access topic and its relation to infrastructure. • Councilor Anderson said he was okay with Councilor Lueb's proposal, but he did think homelessness may be a prescient topic given upcoming Metro funding. He said property tax reform was first on everybody's list. • Councilor Newton listed (1) Property tax reform, (2) Affordable housing, (3) Mental health services,which she thinks could address homelessness to a degree.Then (4) 99W Corridor Study and (5) Infrastructure,in reference to broadband infrastructure. She said she agreed with broadband and digital access. She said the jurisdictional transfer was important but already underway, and that home rule is important as well. Mayor Snider said he would like the topic to preserve local decision-making authority to include "and protect home rule."He made a formal proposal and Council all agreed by a show of thumbs. He said there was also consensus on property tax reform. He discussed the topic area of police reform and said he thought more would come as the Public Safety Advisory Board began to meet and act. Councilor Newton concurred. Mayor Snider asked Council what they thought about adding broadband and digital access or infrastructure. • Councilor Newton said she was fine focusing on broadband and digital access. • Councilor Lueb said she was fine with adding the infrastructure piece. • Mayor Snider said he agreed with the point but did not think they should use their limited words to advocate for an issue without direct implications for Tigard. He polled the Council on whether to add broadband and digital access to their legislative agenda and Council all agreed by a show of thumbs. • Councilor Anderson asked if this included negotiation over franchise fees and staff said that was not intended. Mayor Snider advocated for the inclusion of the jurisdictional transfer of Hall Blvd. • Council President Goodhouse agreed and suggested they reference the orphan highway fund. • Councilor Newton agreed and thought they should leave it focused to the jurisdictional transfer of Hall Blvd. alone. Mayor Snider agreed. He polled the Council and they all agreed by a show of thumbs. TIGARD CITY COUNCIL MEETING MINUTES —November 17, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 Mayor Snider asked for Council's thoughts on mental health services. He said he thought it should be included. All members of Council agreed verbally to including this topic. He asked Councilor-Elect Shaw about her thoughts on the state legislative agenda. She said they may want to consider adding the 99W Corridor Study due to the timing. All members of Council agreed to that proposal. The state legislative agenda priorities agreed on were (1) Broadband and digital access, (2) Preserve local decision-making authority and protect home rule, (3) Property tax reform, (4)Jurisdictional transfer of Hall Blvd., (5) 99W Corridor Study. • Councilor Newton listed (1) Infrastructure investment, (2) COVID-19 funding, (3) assistance to state,local and tribal governments, (4) telecommunications, (5) Fiscal Year 2021 program levels, (6) CDBG Block grants, (7) FAST Act reauthorization. • Council President Goodhouse said including the SW Corridor may take advantage of the new infrastructure packages expected in the new presidential administration. Otherwise, he said he agreed with Councilor Newton's list. Mayor Snider proposed combining SW Corridor and infrastructure investment into one topic area. He said he thought restoring the SALT deductions was important for the west coast,where high taxes are challenging. He proposed adding this as the sixth topic area. Council all agreed to these proposals.Youth Councilor Calderon and Councilor-Elect Shaw were both in support of the final list of Federal legislative priorities. The Federal legislative agenda priorities agreed on were (1) SW Corridor infrastructure investment, (2) Restoring SALT deductions, (3) COVID-19 funding assistance, (4) Telecommunications, (5) FAST Act Reauthorization, and (6) Maintain program levels. 4. QUARTERLY UPDATE ON CITY COUNCIL GOALS AND DEPARTMENT WORKPLANS Senior Management Analyst Hendrix said a lot has happened this year including a refreshed strategic plan,which is a guiding document for these planning efforts. The newly adopted strategic plan informs the department strategic and master plans,which inform department-level work plans and division goals. This process hopes to strategically align the strategic priorities with Council goals,performance audit recommendations, as well as department master and work plans. She presented a progress review toward Council goals, reporting there are a lot of complex components but planning efforts are moving forward. • Councilor Newton asked how the performance audit recommendations fit in. Senior Management Analyst Hendrix said that she views the performance audit, community input, and the budget as feeding into the whole picture,impacting every phase. Councilor Newton asked how those fit in with the department master and strategic plans. She said she was confused. Ms. Hendrix said ideally departments would look to those documents to identify performance measures to track and report on tracking those metrics in the corresponding documents. Councilor Newton said she knew members of the community who were tracking the performance audit and she wanted the public to be able to easily find how those were woven into these plans. • Councilor Anderson said he liked the quarterly updates. TIGARD CITY COUNCIL MEETING MINUTES —November 17, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 8 5. RECEIVE CAPITAL IMPROVEMENT PLAN UPDATE City Engineer Faha provided an update on the city's capital improvement program (CIP) for the first quarter of fiscal year 2021. Highlights of her presentation included: • Parks o The Fanno Creek Trail RFFA grant project for three new segments and improvement of one section,which will require a land use approval and conditional use permit from Council before construction can begin; o Cook Park ADA grant writing for a fully accessible dock on the Tualatin River; o Parks Master Plan is in development is underway; o Fanno Creek Trail alignment study to determine the alignment for the last segment of the trail; • Streets o Pavement management program work on next 5-year plan; o Updated street maintenance fee; o Pedestrian-cyclist connections program project on 79th Avenue; o New bridges at North Dakota and Tigard Streets; o ODOT virtual open house on Highway 217 widening project; o Wall Street to Tech Center Drive connection is complete; • Water o Water Master Plan is in development; o Greenfield Drive rebuild came in under budget and recently won an award; • Sanitary sewer o Downtown sanitary sewer line is being lined at night in December; • Stormwater o Kruger Creek stabilization project is in the design phase; • Facilities o Public Works facility and yard project is moving forward and will come before Council soon; and o City hall interior remodel is complete. City Engineer Faha shared several photos of ongoing and completed projects. Council thanked her for the detailed presentation and staff for their continued work during COVID. There were no questions. 6. RECEIVE BRIEFING ON 2020 DRAFT WATER MASTER PLAN FINDINGS AND RECOMMENDATIONS Executive Manager Goodrich explained the purpose of the Water System Master Plan (WSMP) and its scope. He said this plan will provide important inputs for the rate analysis and System Development Charges (SDC) methodology update. He introduced consultants Candace Coleman and Heidi Springer with Murray Smith. Candace Coleman reviewed the previous information provided to Council,including the scope of the WSMP and their water system analysis of supply, treatment, delivery, and aquifer storage and recovery (ASR) wells. She discussed the city's water sources and how the water supply matches up to demand over time. Executive Manager Goodrich explained that at the time they executed the agreement it was for TIGARD CITY COUNCIL MEETING MINUTES —November 17, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 14 million gallons per day (MGD) capacity. In 2013,the city negotiated an additional 4 MGD capacity for $20 million.At the time it was purchased, the city did not have the ability to use the 4 MGD and planned to complete those projects down the road,with some projects being part of the Lake Oswego-Tigard Partnership (LOT) and others not. These capital projects to increase Tigard's system capacity to the 18 MGD will be included in the 20-year capital improvement program (CIP). Mayor Snider said he was the only member of the Council when the grand bargain was struck with Lake Oswego regarding the additional 4 MGD of capacity for$20 million,which he called the best$20 million ever spent in Tigard. He noted Councilor Newton negotiated the agreement as the Assistant City Manager. Council President Goodhouse asked about including the other water sources,including the Willamette Intake Facility (WIF), and why they were still not included in the water sources infographic. Executive Manager Goodrich explained that the purposes of this master plan and this planning period, the WIF is not an active water source in the system and will not be available until 2026 at the earliest. Candace Coleman reviewed the capital projects proposed as part of the LOT partnership. She described the need to combine zones to decrease pumping energy and reliance on reservoirs while reducing high pressure in some areas and increasing available fire flow in others. Ms. Coleman identified several capital projects associated with zone consolidation. She said they were recommending a new reservoir in the River Terrace area and a replacement for Pump Station 8. For pipe renewal and replacement,Ms. Coleman explained they are using existing data to assess pipe conditions to determine the repair and replacement program. She shared a map of the city with pipe conditions noted in red,yellow, and green. She said the map showed areas of focus, where the city could address high-risk areas. They recommend Tigard aim to replace 3 miles of pipe per year in order to stay current on a 100-year replacement cycle. Regarding seismic resiliency, she said they found Pump Station 5 and Reservoir 13 to be at the greatest risk should an earthquake occur. The presentation concluded with a proposed 20-year CIP broken down into 5-year increments. Mayor Snider asked Council for any questions or comments: • Council President Goodhouse asked about comments Ms. Coleman made regarding the 713 pressure zone (PZ). Heidi Springer added that higher pressure can cause fatigue in pipes and fittings,but those with high pressure will have a pressure regulator on their water service already and so they will not experience a change in pressure. He asked about problems with Reservoir 8 under the seismic resiliency analysis. Ms. Springer said that they do not know yet what would be required until they get further into the planning process. • Councilor Anderson asked what the current replacement pipe program looks like. Executive Manager Goodrich said they do have a line item for pipe replacement,but it is typically a low dollar amount. The city has focused on the replacement of pipe based on opportunity, such as a concurrent road project. He said this would be an opportunity to create a more robust replacement program and they need to start somewhere. • Mayor Snider noted that most of the red pipes are concentrated around Highway 99W and Candace Coleman reflected that was due to the critical nature of those roadways and the disruption that would occur should a pipe break occur. TIGARD CITY COUNCIL MEETING MINUTES —November 17, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 8 • Councilor Newton agreed that a pipe replacement program is important for the city. She asked about a communications plan for the final adoption of the plan in December. • Mayor Snider thanked staff for their presentation on this huge amount of work. 7. NON-AGENDA ITEMS Mayor, Council, and city staff sang happy birthday to Interim City Manager Nyland. Council President Goodhouse said that with the Governor's announcement on Friday regarding a business freeze for at least two weeks. He would like to have a conversation with Council regarding how the city could help respond. • Councilor Lueb said that Governor Brown announced another$55 million in aid being distributed to counties for business relief. She said she was not comfortable allocating more city funds with continued impacts from COVID-19 ongoing. • Councilor Anderson said he thought that with a two-week freeze,business may resume before they are able to distribute relief. • Councilor Newton asked Council President Goodhouse if he had any specific suggestions. In general, there are many competing demands for city funds. • Youth Councilor Calderon echoed the other comments, saying the $55 million in business aid will be helpful. If the freeze lasts longer than two weeks, they could reconsider at that time. • Mayor Snider asked staff to comment on timing and potential aid. • Economic Development Manager Purdy said that they have just completed distributing$1.7 million in grant aid to the community. He agreed the shutdown will be a blow to local business, but he expects Tigard will receive at least part of the $55 million from the state. He noted the restrictions on federal and state funds, suggesting they made need unrestricted city funds should they want to distribute additional aid. • Finance and Information Services Director LaFrance concurred with Mr. Purdy's comments. He said that the administrative time would exceed the two-week period and may require additional city reserve funds. • Mayor Snider said that at a minimum, they would like staff to be ready to hit the ground running on distributing aid should additional funds be distributed. • Council President Goodhouse said he agreed with the Mayor and would like staff to be prepared to act and help direct residents to the aid,whatever the need may be. • Economic Development Manager Purdy added that administrative costs (about 7 percent) are absorbed by the city and cannot be funded by the restricted funds. He said they have a good system set up to distribute funds but there are processes that cannot be fast-tracked, like public contracting requirements. • Mayor Snider polled the Council on whether they would like to direct staff to prepare a more robust program to provide aid to businesses beyond what already exists. o Councilor Lueb said she would be open to seeing options depending on what was presented. o Councilor Anderson said he would consider it. o Councilor Newton said she would consider something specific based on the need. o Youth Councilor Calderon agreed he would look at it as well. • Economic Development Manager Purdy said he would need a ballpark figure on how much the Council would like to spend. TIGARD CITY COUNCIL MEETING MINUTES —November 17, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 • Community Development Director Asher clarified that they are poised to deploy all money coming to the city through the county from the state, and that Council would like to see a program in additional to that using more local dollars. • Mayor Snider said Council would like staff to prepare a proposal for aid above and beyond the state aid within a ballpark figure of$300,000. • Council President Goodhouse asked for additional communications regarding the utility bill assistance. 8. ADMINISTRATIVE REPORT Interim City Manager Nyland provided administrative reports on the following: • The Public Safety Advisory Board (PSAB) is setting their first meeting date in December, • The Management Analyst position in the received 56 applications and they are beginning the review process, • Oregon will enter a new COVID-19 pandemic freeze on November 18th. The city will be adjusting services to meet those requirements, • The Parks Master Plan work continues,having received over 650 survey responses on its content, and • A new central webpage has been created by the Design and Communications team to help the public connect with virtual city services and Councils events. 9. EXECUTIVE SESSION—None. 10. ADJOURNMENT At 9:36 p.m., Councilor Newton made a motion to adjourn. Councilor Lueb seconded the motion. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ Councilor Anderson ✓ The motion passed unanimously. Caroline Patton,Deputy City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —November 17, 2020 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8 „ City of Tigard = . Tigard City Council Meeting Minutes TIGARD December 1, 2020 1. BUSINESS MEETING A. At 6:30 p.m.,Mayor Snider called the meeting of the Tigard City Council and Local Contract Review Board to order. B. Deputy City Recorder Patton called the roll. Present Absent Councilor Anderson ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ C. Mayor Snider invited everyone to mute themselves and join him in the Pledge of Allegiance. D. Council and Staff Non-Agenda Items—None. 2. PUBLIC COMMENT Mayor Snider stated that written public comments were due by 4:30 p.m. and call in questions would be taken via telephone by calling 503-966-4101. A. Follow up to Previous Public Comment—None. B. Public Comment—Written—None. C. Public Comment—Phone In—None. 3. CONSENT AGENDA Mayor Snider announced that 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. A. CERTIFICATION OF NOVEMBER 3, 2020 ELECTION RESULTS B. CONSIDER APPROVAL OF A FRANCHISE AGREEMENT WITH FATBEAM,LLC C. Local Contract Review Board: TIGARD CITY COUNCIL MEETING MINUTES — December 1, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 7 1. CONSIDER CONTRACT AWARD FOR FREWING STREET STORMLINE REPLACEMENT TO BLACK ROCK UNDERGROUND,LLC 2. CONSIDER CONTRACT AWARD FOR FUEL DELIVERY AND RELATED SERVICES TO BRETTHAUER OIL COMPANY Councilor Newton made a motion to approve the consent agenda. Councilor Lueb seconded the motion. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Councilor Anderson V Mayor Snider V Council President Goodhouse V Councilor Newton V Councilor Lueb V 4. RECEIVE UPDATE FROM METRO COUNCILOR DIRKSEN Metro Councilor Dirksen said the last year has been one of uncertainty, but they have adapted and risen to the challenge. He reviewed Metro's progress on the parks and nature bond renewed in 2019 and affordable housing bond passed in 2018, as well as the recycling and waste program. He reflected on the failure of Metro's 2020 transportation bond, saying he looked forward to the possibilities in the years to come. • Councilor Anderson thanked Councilor Dirksen for all his years of service. • Mayor Snider said that Councilor Dirksen has served as an elected official for the local community for over 20 years. He explained that they had invited several guests to speak on his tenure in public service for Tigard. • Sydney Webb, former Tigard City Councilor, called from Arizona to wish Mr. Dirksen farewell. She invited him down to visit her anytime. • Tom Woodruff, former Tigard City Councilor,reflected that it was a major accomplishment to serve the City of Tigard for 20 consecutive years. He said Councilor Dirksen had served with integrity, honesty, and enthusiasm and serves as an example to other public servants. He congratulated Councilor Dirksen on his retirement,wishing him the best in the next season of life. • Representative Margaret Doherty of Oregon House District 35 said she was glad to be asked to speak since she had worked with Councilor Dirksen since she was on the city's Planning Commission. She said he made his mark on the city and challenged the City to reach out and work with other regional partners. She said she has enjoyed working with him, she is honored to have been represented by him and wished him well on his retirement. Councilor Dirksen said it had been an honor and blessing to work with her as well. • Craig Prosser, former Tigard City Manager, said they first crossed paths on the Budget Committee. The Council later hired him as City Manager and that was his dream job because of the relationships they formed and the things they were able to accomplish. Councilor Dirksen agreed they had accomplished a lot together like the downtown improvement plan, roads and streets, and expanding parks, among other things. Mr. Prosser provided his congratulations. TIGARD CITY COUNCIL MEETING MINUTES — December 1, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 7 • Mayor Snider thanked Councilor Dirksen for the many years of support,mentorship, and leadership in the city. He said he is unique in his having the patience to help tackle complex issues and had accomplished a lot for Tigard over his long career. • Councilor Newton said she believes Councilor Dirksen has been serving the City of Tigard for over 40 years without a break,having been on the Parks board in 1980 when she joined the city staff. She noted that he and his wife started youth soccer in Tigard and recalled several fond memories from over the years. She thanked him for being gracious and courageous. • Councilor Lueb said she had not had the pleasure of working with Councilor Dirksen for very long,but Tigard was very lucky to have him. She said he anticipated him remaining involved in city affairs. • Council President Goodhouse said Councilor Dirksen had been a great sounding board and did not shy away from hard discussions with citizens. He thanked him for all the work he accomplished during his time on Metro Council for Tigard,particularly with regards to parks and trails. • Councilor Anderson said Councilor Dirksen has always been a wealth of knowledge and was responsible for pushing Councilor Anderson to run for City Council. He reflected on the city's tree code project,which won a national award. Councilor Dirksen said he was very proud of the innovative and fair tree code which could serve as a model for other communities. • Councilor Dirksen said he appreciated that Council took the time to take the walk down memory lane. 5. CONSIDER A RESOLUTION EXTENDING THE CITY'S EMERGENCY DECLARATION RELATED TO COVID-19 City Attorney Rihala explained this would be the sixth extension to the city's emergency declaration, first passed in March 2020 and set to expire at noon the following day. This would extend the same emergency declaration to March 31, 2021. There are no changes to the content of the resolution. Council President Goodhouse made a motion to approve Resolution No. 20-56. Councilor Newton seconded the motion. Mayor Snider asked Deputy Recorder Patton to read the number and title of the resolution. RESOLUTION NO. 20-56: A RESOLUTION OF THE CITY OF TIGARD EXTENDING THE CITY'S EMERGENCY RELATED TO COVID-19 Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — December 1, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 7 6. RECEIVE ANNUAL REPORT FROM TIGARD TRANSPORTATION ADVISORY COMMITTEE (1`1'AC) Senior Transportation Planner Roth introduced the annual report from the Tigard Transportation Advisory Committee (TTAC),joined by Ruth Harshfield,TTAC Chair, and Richard Keast,TTAC Co-Chair. He explained TTAC is responsible for advising Council on the Transportation System Plan (TSP),implementation of the complete streets policy,prioritization of capital improvement program (CIP) projects,project and program funding, safety,and project development. Richard Keast thanked staff for their support provided to TTAC through this year of challenges and surprising opportunities. He reviewed work completed by the advisory committee in 2020, including work on the Streets for People pilot, 20 mph neighborhood speed zones, self-guided project tour, and SW Corridor Project. Ruth Harshfield described work anticipated for 2021, including work on implementing the complete streets policy and the refreshed city strategic plan. Other members of the committee made brief remarks,including Carine Arendes, David Burke, George Brandt, and Ben Gooley. • Council President Goodhouse said this is a group of very dedicated citizens that are very active in city projects and do a great job. • Councilor Newton said she was impressed with the breadth of their involvement in city projects. She asked what was next for the Streets for People pilot program. She wondered if every city board and committee should look at member diversity and representation to help achieve the city's equity goals. Senior Planner Roth said that to expand the program they would need to identify additional resources. Councilor Newton asked if the current program streets would be made permanent and if so,if new signage would be installed. He responded that if it were made permanent that would involve a capital project to install permanent signage. • Councilor Lueb thanked them for their service. • Councilor Anderson asked about the upcoming bridge projects planned and if TTAC would be involved in that outreach. Senior Planner Roth said that they have not reached out to TTAC yet,but they can collaborate on a plan with the Public Works communications staff. • Mayor Snider asked what Council could do to help support the committee. Several committee members said they felt well supported by Senior Planner Roth and Senior Administrative Specialist Patton. • Councilor-Elect Shaw said she looked forward to working with TTAC in the future. 7. CONSIDER COVID ECONOMIC RELIEF PROGRAM FOR BUSINESSES AND AN AGREEMENT WITH WASHINGTON COUNTY FOR DISTRIBUTION OF FUNDS Economic Development Manager Purdy explained the proposal was a continuation of a business assistance program in response to COVID-19 called Tigard Commercial Assistance and Relief for Economic Stability (CARES) Round V. He said that Tigard will receive about$1 million from recent federal funding, through the county and state.They would still use a vendor,Micro Enterprise Services of Oregon (MESO) to administer the program which would accrue administrative costs that may not be covered by the allocated funding. They would require $25,000-75,000 in Tigard funds to administer the program. TIGARD CITY COUNCIL MEETING MINUTES — December 1, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 7 Finance and Information Services Director LaFrance walked Council through an example of how the city could leverage city funds to distribute $1 million in federal funds,including three different scenarios for administrative costs. He noted special timing considerations for expending the funds before an appropriation has been finalized. Economic Development Manager Purdy reviewed the process for pursuing this proposal. Not only are staff requesting the use of funds from the city's emergency reserve fund, they will also need to negotiate an Intergovernmental Agreement (IGA) with Washington County and execute a contract with MESO. City Attorney Rihala clarified that the policy discussion can be a consensus decision,but the IGA and contract items will require a motion. Mayor Snider said it seemed like the only difference between the scenarios is the amount the city pays. He asked Council for their thoughts and every member was in support of Option A. Mayor Snider said he was pleased they could get this much money on the street this quickly. Economic Development Manager Purdy said that the state would like the city to restrict aid to businesses shut down by the most recent executive order. He asked Council if they would like to follow that guidance or continue providing relief to all kinds of businesses impacted by the pandemic. Staff recommended the city proceed with being as inclusive as possible with the funding. Those shut down would receive additional weight in receiving the funding,but that they do not believe they should turn away other businesses that are impacted. Mayor Snider asked why the state has issued that suggestion. Mr. Purdy said he thought it had to do with timing and not a policy nexus. Mayor Snider asked about the weighting system in choosing grant recipients. Mayor Snider said the proposal from staff is to follow the general process and criteria used before, adding preference to businesses shut down by the most recent executive order. Council President Goodhouse asked what businesses would be given a preference and Mr. Purdy confirmed it would be any business shut down by Executive Order 20-65. He asked if the preference would be equal among all types of businesses. Mr. Purdy said they had not thought of that but they could. Mayor Snider said that would be a level of complexity that would add time. Mayor Snider polled the Council on whether they were in favor of the staff proposal. Councilor Lueb said she was still unsure and she would like these businesses to get the first shot at funding. Councilor Newton agreed. Council President Goodhouse said he agreed with awarding funds to businesses shut down first. Councilor Anderson was in support of giving directly affected businesses the first opportunity for relief aid. Councilor Anderson made a motion to approve assistance as presented and to approve an IGA with Washington County up to $1.5 million for the distribution of federal CARES Act funding, subject to negotiation by the City Manager and City Attorney, and to authorize the City Manager to execute the agreement. Councilor Lueb seconded the motion. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Councilor Anderson ✓ TIGARD CITY COUNCIL MEETING MINUTES — December 1, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 7 Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ The motion passed unanimously. Council President Goodhouse asked Mr. Purdy about the timeline of rolling out the program. Purdy said best case scenario the application period would begin Monday. Checks being cut in about 4 weeks from now.,by the end of the year. Mayor Snider announced the City Council would convene as the Local Contract Review Board for the next agenda item. 8. LOCAL CONTRACT REVIEW BOARD: CONSIDER AWARD OF CONTRACT FOR SMALL BUSINESS TIGARD CARES GRANT PROGRAM WITH MESO Principal Management Analyst Moody said she did not have anything to add to the previous discussion and was available to answer any questions Council may have. Councilor Lueb made a motion to approve the contract with MESO up to $1.5 million for the distribution of federal CARES act funding, subject to negotiation by the City Manager and City Attorney, and to authorize the City Manager to execute the agreement. Council President Goodhouse seconded the motion. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ The motion passed unanimously. Mayor Snider announced they would reconvene as the City Council for the remaining agenda items. 9. NON-AGENDA ITEMS 10. ADMINISTRATIVE REPORT Interim City Manager Nyland provided an administrative report on the following: • The Public Safety Advisory Board is scheduled for December 14th from 5 to 6:30 p.m. • The Management Analyst interviews begin next week. • The statewide freeze will end this week, although Washington County is in the extreme risk category. • Police had no calls for service for Thanksgiving gatherings. TIGARD CITY COUNCIL MEETING MINUTES — December 1, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 7 • Tigard Library is still open through no contact takeout Monday through Friday. • Public Works continues to communicate about upcoming utility rate increases. • Rick Gruen is the city's new Parks Infrastructure Manager. • Tigard Thanks is a new program to thank community members that has had a lot of public participation. Everyone who participates receives a gift of gratitude from the city. 11. EXECUTIVE SESSION The Mayor announced that the Tigard City Council will go into Executive Session to discuss real property negotiations under ORS 192.660(2)(e).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. The City Council will adjourn from Executive Session. 12. ADJOURNMENT At 9:34 p.m., Councilor Newton made a motion to adjourn. Councilor Lueb seconded the motion. Mayor Snider asked Deputy Recorder Patton to conduct a roll call vote. Yes No Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Councilor Lueb ✓ The motion passed unanimously. Caroline Patton, Deputy City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — December 1, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 7 City of Tigard City Council Business Meeting Minutes T I GARD December 8, 2020 STUDY SESSION A. EXECUTIVE SESSION At 6:30 p.m. Mayor Snider announced that the Tigard City Council was entering into an Executive Session to discuss the employment-related performance of a public officer under ORS 192.660(2)(a). The Executive Session ended at 6:54 p.m. B. COUNCIL LIAISON REPORTS Councilor Anderson reported on the Home Builders Association Housing and Economic forecast. Oregon is still short by 80,000 units. He was proud of how the City of Tigard is stepping up to help resolve this issue.The Planning Commission had its last meeting of the year. He added that it was the last meeting for Planning Commission President Feeney and that he did a great job. Councilor Newton attended School Resource Officer (SRO) Community meeting. She was involved in interviews for Committee for Community Engagement,Audit and Budget Committee and commented that so many great people applied that it was tough to choose. The Committee for Citizen Involvement heard from Directors Asher and Robinson on the All-in-One project city facility project. Council President Goodhouse reported on interviews held for the TTAC and TCAC. Outreach to businesses resulted in some business owners and a property owner being seated on those committees. He said he will continue to serve on the National League of Cities Board of Directors, and he may be joining some League of Oregon Cities committees as well. Councilor Lueb said board and committee interviews are a great learning opportunity and a way to meet more Tigard residents. She thanked everyone who went through the process and was interested in digging into city issues and help make decisions. She attended an Audit Committee meeting and noted that presentation on last fiscal year's audit was scheduled for the December 15 Council meeting. She asked the Parks and Recreation Advisory Board in November to bring a recommendation to Council at the January joint meeting on looking at park maintenance on an equitable way. Mayor Snider gave a SW Corridor project wrap-up. The project will be shelved, and the Steering Committee is suspended based on lack of local match funding for the project. He gave input to the Oregon Transportation Commission which makes a lot of the decisions for TIGARD CITY COUNCIL MEETING MINUTES — December 8, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 11 ODOT. He advocated for strategies in the next three-year cycle that would help fund the jurisdictional transfer of Hall Boulevard. mentioned the virtual holiday tree lighting and said it was nice to continue a tradition in some way during the pandemic. Council President Goodhouse noted how much time members of the SW Corridor Steering Committee had invested on it. Former Mayor Craig Dirksen had been working on it for 20-25 years as a while on the Tigard council and then as a Metro Councilor. Commissioner Roy Rogers worked on it for decades. He said that commitment shows it is still relevant to the area. Councilor Newton thanked Mayor Snider for his efforts on Hall Blvd. She asked if it was possible to get a presentation from staff about how the city is moving forward with transit- oriented development in the Triangle and downtown. She expressed concern about things not moving forward given the fact that the SW Corridor project is pausing. Interim City Manager Nyland said she will get the presentation scheduled. Youth Councilor Calderon noted that the first meeting for the Public Safety Advisory Board is next Monday. He attended some of the school resource officer conversations. He noted that Tigard Youth Advisory Council members were disappointed not to be able to volunteer at Tigard's Tree Lighting event this year. 1. BUSINESS MEETING A. At 7:30 p.m. Mayor Snider called the Tigard City Council meeting to order. B. Mayor Snider asked City Recorder Krager to call the roll. Present Absent Councilor Lueb V Councilor Anderson V Mayor Snider V Youth Councilor Calderon V Council President Goodhouse V Councilor Newton V C. Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance. A flag was projected on the screen. D. Call to Council and Staff for Non-Agenda Items: City Attorney Rihala requested there be a discussion at the end of the meeting about a joint letter from the cities of Tualatin and Tigard regarding the eviction of the theater at Bridgeport Village. 2. PUBLIC COMMENT Mayor Snider said written public comments were due by 4:30 p.m. and call in questions will be taken via telephone by calling 503-966-4101 now. TIGARD CITY COUNCIL MEETING MINUTES — December 8, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 11 A. Public Comment—Written: City Recorder Krager summarized comments: • Sarah Serrata wrote in thanking Councilor Lueb for her perspective on helping local businesses and supported Economic Relief V money going to the Tigard community, not large corporations. • Chris Bence asked if Council had the ability procure HEPA filters for the 2021 fire season, especially for vulnerable populations. • Stephen Kraemer said water customers are unhappy with high base rates, especially related to 1-inch meters. • Monica Lamb requested a discussion on support for a petition to end COVID-shaming and discrimination against minority groups. Mayor Snider asked Interim City Manager Nyland to follow up on the HEPA filter question. B. Comment—Phone In—There were no callers. C. Follow up to Previous Public Comment—None. D. Tigard High School Envoy—Caroline Frisiras from Tigard High School provided an update of activities.The Veterans Day assembly was held virtually this year with a slide show on the THS website of photos sent in by veterans.The Student Council has been gathering feedback on how students are doing in this pandemic and with virtual learning. One of the English teachers and her Avid 10 Program were sponsored by CommuniCare who gave them$10,000 to donate to organizations of their choice in the Portland Metropolitan area. They chose to give to organizations that help immigrants and refugees in our community. E. Update from Police Chief McAlpine—Chief McAlpine showed slides of Tigard crime statistics. She reported that property crimes have risen. There is an increase in stolen packages and vehicles. She reminded everyone not to leave their cars idling and unattended. Thirty people were arrested during the past month that would have gone to jail but could not because of COVID restrictions. She presented at the School Resource Officer meeting with a recommendation to continue the program. Recommendations will go to the Tigard-Tualatin School Board around April 1. The number of people speeding through intersections has dropped,which shows people are getting the word about the cameras. The Police Department has been at minimum staffing on swing and graveyard. However, Chief McAlpine noted that the city is progressing well with the officer hiring made possible by the public safety levy. Five of the eight budgeted positions are filled, and they are waiting to hear about an offer made to a sixed candidate. She said she looks forward to introducing the new officers to the community. Council members expressed their appreciation for the department and asked that this be passed along to the officers. F. Tigard Area Chamber of Commerce Community and Member Engagement Manager Love provided a brief update on chamber activities.The Leadership Tigard class learned about Human Needs in Tigard. She thanked Chief McAlpine for being one of their speakers TIGARD CITY COUNCIL MEETING MINUTES — December 8, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 11 for the Zoom meeting. The Chamber has put together a gift guide and all business are welcome to put their name and business in the guide. Tigard Farmers Market vendor applications period opens in January. There will be a virtual information session for anyone to talk through the process of joining the market,which opens on May 2.Video of the holiday tree lighting is on the Chamber's Facebook channel. She thanked Beach Hut Deli, Curiosities, Senet Game Bar and Cooper Mountain Aleworks for putting lights on Main Street for the holiday season. 3. CONSENT AGENDA— A. APPROVE CITY COUNCIL MINUTES • June 9, 2020 • June 16, 2020 • June 23, 2020 • July 14, 2020 Council President Goodhouse moved to approve the Consent Agenda as presented. Councilor Lueb seconded the motion and City Recorder Krager conducted a roll call vote. The Consent Agenda was adopted unanimously. Yes No Councilor Lueb ✓ Councilor Anderson V Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ 4. CONSIDER ACCEPTANCE OF THE HARING PROPERTY DONATION Public Works Director Rager and Parks Supervisor McKnight brought forward this item for Council consideration of a park property. Parks Supervisor McKnight gave the staff report on the staff recommendation for Council to accept a donation for the 3.28-acre Haring property into the parks inventory. It is located on the south side of SW Shady Lane and adjacent on the west side to the undeveloped Bagan Park property. It would allow for a trail connection and a second entrance into a nearby neighborhood. He showed a slide of the area and said that the neighborhood is currently underserved with parks properties. Councilor Lueb asked that the city's deepest thanks be extended to Mrs. Haring for donating this property and she was excited to be able to expand park services into this area. She moved to authorize the city manager to accept the donation of the Haring property to the City of Tigard and to take all steps necessary to complete the transaction. Council President Goodhouse seconded the motion. A roll call vote was taken and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — December 8, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 11 Councilor Goodhouse asked if there was a policy about naming this portion of the park after the person who donated it. Parks Supervisor Martin said Council has adopted a naming policy and in this instance the family has not made that request Mayor Snider said he would be concerned that having properties adjacent to each other with two different names could create some confusion. Yes No Councilor Lueb V Councilor Anderson V Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ 5. CONSIDER RESOLUTION APPOINTING PLANNING COMMISSION MEMBERS Assistant Community Development Director McGuire gave the staff report. He said nine applicants were interviewed for three positions. Craig Schuck was a previous non-voting member and is recommended for a voting position and Ahsha Miranda and Darlene Dick were selected as non-voting alternate members. Mayor Snider congratulated them and said he would normally shake hands with new members and give them a City of Tigard pin. He asked any members present virtually to turn on their cameras. He said staff will make sure that the pins are mailed to them. Councilor Lueb moved to approve Resolution No. 20-57. Council President Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. The motion passed unanimously. Resolution No. 20-57:A RESOLUTION APPOINTING CRAIG SCHUCK AS A VOTING MEMBER OF THE TIGARD PLANNING COMMISSION,AND APPOINTING AHSHA MIRANDA AND DARLENE DICK AS NON- VOTING ALTERNATE MEMBERS Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ 6. CONSIDER RESOLUTION APPOINTING TIGARD TRANSPORTATION ADVISORY COMMITTEE MEMBERS TIGARD CITY COUNCIL MEETING MINUTES — December 8, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 11 Senior Transportation Planner Roth gave the staff report. Members George Brandt,David Burke, Sarah Serata, and Michael Hendrickson were invited to attend. He said staff actively recruited in English and Spanish and had seven applicants. Six applicants were interviewed and three had not previously served. The selection committee recommended appointing two new members and reappointing two current members. Mayor Snider said he appreciated their service. He asked those members online to turn on their cameras and said Interim City Manager Nyland will send them a city pin. Councilor President Goodhouse moved to approve Resolution No. 20-58. Councilor Anderson seconded the motion. City Recorder Krager read the number and tide of the resolution and conducted a roll call vote. The motion passed unanimously. Resolution No. 20-58:A RESOLUTION RE-APPOINTING GEORGE BRANDT AS A VOTING MEMBER,APPOINTING DAVID BURKF AND SARAH SERATA AS VOTING MEMBERS AND APPOINTING MICHAEL HENDRICKSON AS A NON-VOTING,ALTERNATE MEMBER OF THE TIGARD TRANSPORTATION ADVISORY COMMITTEE Yes No Councilor Lueb ✓ Councilor Anderson V Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ 7 CONSIDER RESOLUTION APPOINTING BUDGET COMMITTEE MEMBERS Finance and Information Services Director LaFrance gave the staff report. He noted that vacancies were created by Tim Cadman and Clifford Rone completing their three-year terms. Clifford Rone is retiring from the Budget Committee after serving nine years.Applicant outreach included the Community Roundtable, Facebook,Twitter, Instagram,Tigard Life,Next Door and 31 applicants not selected for the Public Safety Advisory Board. It was also posted on the city's reader board and featured in Cityscape. On November 5 the selection committee, including Councilors Newton and Lueb,interviewed and recommended appointing Tim Cadman and Jim Knowlton to voting positions for three-year terms and Kris Mitchell as an alternate for a one-year term. Councilor Lueb moved to approve Resolution No. 20-59 and Councilor Newton seconded the motion. City Recorder Krager read the number and tide of the resolution and conducted a roll call vote. The motion passed unanimously. Resolution No. 20- 59:A RESOLUTION APPOINTING TIM CADMAN AND JIM KNOWLTON TO VOTING POSITIONS AND APPOINTING KRIS MITCHELL AS THE ALTERNATE POSITION ON THE BUDGET COMMITTEE TIGARD CITY COUNCIL MEETING MINUTES — December 8, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 11 Yes No Councilor Lueb V Councilor Anderson V Mayor Snider V Council President Goodhouse V Councilor Newton ✓ 8. CONSIDER RESOLUTION TO CHANGE THE NUMBER OF RESIDENT MEMBERS OF THE AUDIT COMMITTEE Assistant Finance Director Isaksen and Audit Committee Member Larry Acheson presented this item. All Audit Committee Members (Stephanie Veal, Elizabeth Gils Carbo,Jeremy Nichols and Ann McElligott) were invited to attend to answer any questions. Assistant Finance Director Isaksen said Resolution No. 18-46 temporarily expanded the Audit Committee from 2 to 4 at-large members and expanded duties to include reviewing the performance audit findings,performance metrics as suggested by the performance audit reports and staff reports on progress in measuring and reporting on metrics. Audit Committee Member Acheson said after meeting on October 7, 2020 the committee has the following recommendations: • Conduct a performance audit of utility funds after the Tyler-Munis implementation. • Keep the Audit Committee in the expanded format for greater perspective,ideas and oversight. • Implement existing measures as presented and do a performance audit every 5-7 years. Mayor Snider asked Councilor Lueb, the Council Liaison to the Audit Committee, for her feedback. Councilor Lueb said she wholeheartedly supported making the expanded number of members permanent. She said the incredible members on the committee brought in some great insight and reducing the number would reduce community input. Mayor Snider remarked that he used to be the liaison to this committee when it had fewer members and it has become a more valuable program over the last few years as the scope and participation expanded. Councilor Lueb moved to approve Resolution No. 20-60. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. Resolution No. 20-60:A RESOLUTION REPLACING RESOLUTION NO 18-46 AND MAKING THE EXPANDED AUDIT COMMITTEE MEMBERSHIP AND RESPONSIBILITIES PERMANENT TIGARD CITY COUNCIL MEETING MINUTES — December 8, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 7 of 11 Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ 9. CONSIDER RESOLUTION APPOINTING MICHAEL J. O'BRIEN JUDGE PRO TEMPORE Central Services Director Robinson gave the staff report. Council is being asked to consider a resolution appointing Michael J. O'Brien as Judge pro tempore effective January 1, 2021. She noted that Judge O'Brien proffered his resignation as Tigard's municipal judge but prior to his resignation he was invited to participate on the Public Safety Advisory Board. Staff had to consider whether a new judge coming in would be effective on the PSAB as someone with 30 years of experience not only with the police department but leading the court and hearing the cases brought before Tigard's Municipal Court by police and other city employees. He has expressed interest in continuing as judge pro tern to represent the court perspective on the PSAB. Mayor Snider thanked Central Services Director Robinson and said having Judge O'Brien serve on the PSAB will be helpful and also having him mentor and be a resource in the short term is valuable too. Councilor Newton added that he will bring good perspective to the PSAB. Judge O'Brien said heappreciated the confidence in appointing him to this position for many reasons, but among them is not having to sever ties to Tigard as he goes into semi-training. Mayor Snider thanked him for his years of service to the city and willingness to continue to help the community. Councilor Anderson moved to approve Resolution No. 20-61. Councilor Newton seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. The motion passed unanimously. Resolution No. 20-61:A RESOLUTION APPOINTING MICHAEL" O'BRIEN AS TIGARD MUNICIPAL COURT JUDGE PRO TEMPORE Yes No Councilor Lueb V Councilor Anderson V Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ TIGARD CITY COUNCIL MEETING MINUTES — December 8, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 11 10. RECEIVE BRIEFING ON BUSINESS LICENSE SUPPORT PROGRAM Economic Development Program Manager Purdy briefed Council on a limited business license fee waiver program. If Council is supportive, he will return in January with proposed changes to the Tigard Municipal Code and Master Fees and Charges Schedule. Staff is bringing forth this recommendation in response to Council's direction to incorporate equity into a wide range of city programs. The idea is to offer a one-time, one-year business license fee waiver for new and emerging business owners who successfully complete a business training program with one of the city's business advising partners within one-year. This would encourage new business owners, especially historically under-served entrepreneurs, by encouraging them to take advantage of free and low-cost business advising partners like Micro Enterprise Services of Oregon (MESO), the Oregon Association of Minority Entrepreneurs (OAME) and Adelante Mujeres. These organizations are closely connected to entrepreneurs of color and have a strong history of program delivery. Examples of training offered include small business development workshops or recurring advising sessions. It would run for three years as a pilot project in order to gather sufficient data on business participation. There would be an annual review of participants and foregone revenue to determine the program's impact and cost. In response to a question from Councilor Newton,Mr. Purdy said the business license program is codified so in order to make changes the code needed to be amended, adding a provision for this program. Council President Goodhouse asked how many new businesses there are in a year and Mr. Purdy said he did not have the numbers. Finance distributes a monthly list and the range is 8-20. He said most businesses do not take the extra step to ensure more success so even if 8 came to Tigard, all would not sign up. He noted that the city is not spending money;it is foregoing a business license fee of$100-$200. In response to a question from Councilor Anderson,Mr. Purdy said the business would submit a certificate or some proof that they completed the training in order to receive the waiver. Councilor Lueb said anything that can be done to lower the barrier and encourage training would lead to success. Mayor Snider said he was supportive of the proposal coming back in January. Council President Goodhouse suggested not only having the information available in the application process, but also advertising it. Economic Development Manager Purdy said there were two components,promoting it,but also relying on business advising partners to say, "If you choose to locate in Tigard, there is this advantage..." 11. CONSIDER RESOLUTION ADOPTING THE 2020 WATER SYSTEM MASTER PLAN Public Works Executive Manager Goodrich and Sr. Project Engineer Billings-Beck gave the staff report. Their slide presentation is included in the packet for this meeting. Executive Manager Goodrich said that in November of 2017, the city contracted with Murray Smith and Associates Engineering for an updated Water Systems Master Plan to provide the city with information needed to develop long-term water infrastructure decisions. Two workshop briefings were held with Council on October 20 and November 17, 2020 to provide TIGARD CITY COUNCIL MEETING MINUTES — December 8, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 9 of 11 an overview, findings and recommendations. The city's Water Advisory Board (WAB) received briefings on August 31 and October 14, 2020. The Plan includes a system analysis, supply analysis and a pipe renewal and replacement program. The seismic backbone is discussed and how to increase resiliency in the case of an earthquake event and the projects necessary to develop it. It contains a list of proposed water capital improvement program (CIP) projects and associated costs for years 2021-2040. Staff recommends approval of the resolution. The Water System Master Plan meets Oregon state drinking water requirements for periodic updates. Councilor Newton said she appreciated the strategic approach being taken on the long-term distribution and supply and likes the approach to pipe replacement as the system ages. She noted there are references in Exhibit A to the broader report and charts but not including them may be confusing to the public. City Attorney Rihala said there are security reasons not to include the entire report.The consultant had to sign a non-disclosure agreement. The water providers only are provided this information in order to help respond in an earthquake, for example. City Attorney Rihala said a simple sentence that says the entire report is not available to the public for security reasons would be adequate. Councilor Lueb moved to approve Resolution No. 20-62. Council President Goodhouse seconded the motion. City Recorder Krager read the number and tide of the resolution and conducted a roll call vote. The motion passed unanimously. Resolution No. 20-62: A RESOLUTION ADOPTING AND APPROVING THE TIGARD 2020 WATER SYSTEM MASTER PLAN Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ 12. NON-AGENDA ITEMS:A non-agenda item was brought forward that came up from a conversation between Tualatin Mayor Bubenik,Mayor Snider and the two city's attorneys. The proposal is to seek each Council's approval to send a joint letter to CenterCal,regarding their threat to evict Regal Cinemas from Bridgeport Village. Both jurisdictions have passed eviction moratorium resolutions. Bridgeport is in both Tigard and Tualatin and the Regal Cinemas building is in Tigard. The letter to CenterCal would publicly state Tigard's and Tualatin's disappointment and frustration with this action. A roll call vote was taken and Council unanimously approved sending a joint letter to CenterCal. City Attorney Rihala will work with the City of Tualatin's attorney on the letter. TIGARD CITY COUNCIL MEETING MINUTES — December 8, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 11 Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ 13. ADMINISTRATIVE REPORT Interim City Manager Nyland updated the City Council on several items: • Staff is continuing to work on the next round of the City Report card. The final version will be in utility bills and the January issue of Tigard Life. • She noted that staff are hearing from the community about the timing of the rate increase to be effective January. • Unite Oregon will have an online meeting in English, Spanish.Arabic and Somali. • Recruitment began for the vacant recreation coordinator. • The trees on Main Street at Universal Plaza are lit up for the holidays. • Staffer Joanne Bengtson and her dog walked with a GoPro and transformed Tigard Walks - Holiday Edition into a virtual activity that others can follow. • She will follow up on the public comment about the HEPA filters and make sure city pins are delivered to all the new board and committee members. • A paragraph will be added to the Water System Master Plan as discussed earlier. 14. EXECUTIVE SESSION—None. 15. ADJOURNMENT At 9:17 p.m. Councilor Lueb motioned for adjournment. Council President Goodhouse seconded the motion. City Recorder Krager conducted a roll call vote. Mayor Snider announced that the meeting was adjourned. Yes No Councilor Lueb ✓ Councilor Anderson ✓ Mayor Snider ✓ Council President Goodhouse ✓ Councilor Newton ✓ Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — December 8, 2020 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 11 of 11 AIS-4602 3. B. Business Meeting One Meeting Date: 04/06/2021 Length (in minutes): Consent Item Agenda Title: Consider Authorizing the City Manager to sign an agreement with ODOT for funding of new sidewalks along Locust Street. Submitted By: Andrew Newbury, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Consider appproving a grant agreement with ODOT to provide Safe Routes to School Program grant funding for the construction of new sidewalks on Locust Street near Metzger Elementary. STAFF RECOMMENDATION / ACTION REQUEST Authorize the city manager to sign the agreement. KEY FACTS AND INFORMATION SUMMARY SW Locust Street, a collector roadway adjacent to Metzger Elementary School, has no sidewalk on the north side of the roadway limiting students' ability to travel along the street. There is no marked crosswalk across SW Locust Street at SW Lincoln Street, which is the only vehicle access point to the school. This intersection is also on the receiving end of a popular trail connecting to neighborhoods north of the school. Combined, these two barriers create significant safety concerns for students and families. City staff designed a project that will include an enhanced pedestrian crossing consisting of a marked crosswalk, ADA-compliant landings and curb ramps, and pedestrian-actuated rapid reflective flashing beacon (RRFB) at the intersection of Locust Street and Lincoln Street to address the critical crossing need at this intersection. The project will also result in a complete sidewalk (approximately 1,465 linear feet) on the north side of Locust Street, from just west of 92nd Avenue to Hall Boulevard, within city-owned right-of-way to complete the pedestrian network adjacent to the school. By completing this section of missing sidewalk along Locust Street, students living to the north and northeast of the school will have a grade-separated facility to walk on, where today there is only a roadside ditch. The addition of an enhanced high-visibility marked crosswalk with ped-actuated RRFB, new signage, and improved ADA-compliant landings will not only improve safety of pedestrians crossing at this important location, it will also clarify the rules of the road for drivers. To fund the project, City staff applied for an ODOT Safe Routes to School (SRTS) program grant and received an award of$792,000. This grant is local, non-federal money and the project will be managed by the City. The City also received a Washington County MSTIP award in the amount of$240,000, for which there will be a separate intergovernmental agreement (IGA). The funding from these outside grant sources will fully fund the design and construction of the project. Staff recommends the council authorize the City Manager to sign the SRTS grant agreement with ODOT to officially receive the $792,000 award. OTHER ALTERNATIVES Council could propose changes to the agreement or decide not to approve the agreement. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS The construction of this sidewalk near Metzger Elementary meets Goal 5: "Enhance walkability and pedestrian connectivity" of the 2019 Tigard City Council Goals and specifically Strategy 5.3: "Continue to advance and develop Safe Routes to School (SRTS) plans for Tigard schools and implement an improvement for at least one school per year including funding priorities." DATES OF PREVIOUS CONSIDERATION None. Fiscal Impact Cost: $1,032,000 Budgeted (yes or no): yes Where Budgeted (department/program): CIP Additional Fiscal Notes: ODOT Safe Routes to School Grant = $792,000 Washington County MSTIP Funding = $240,000 The project is budgeted in the proposed FY22-27 CIP. Attachments ODOT SRTS Locust St. Agreement Misc. Contracts and Agreements No. 34476 G001-T110420 GRANT AGREEMENT OREGON DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL PROGRAM (SRTS) Project Name: Metzger Elementary School-Crossing This Grant Agreement ("Agreement") is made and entered into by and between the State of Oregon, acting by and through its Department of Transportation ("ODOT"), and City of Tigard, acting by and through its Governing Body, ("Recipient"), both referred to individually or collectively as "Party" or "Parties." 1. Effective Date. This Agreement shall become effective on the date this Agreement is fully executed and approved as required by applicable law(the "Effective Date"). The availability of Grant Funds (as defined in Section 3) shall end five (5) years after the Effective Date (the "Availability Termination Date"). 2. Agreement Documents. This Agreement consists of this document and the following documents: a. Exhibit A: Project Description, Key Milestones, Schedule and Budget b. Exhibit B: Recipient Requirements c. Exhibit C: Subagreement Insurance Requirements d. Exhibit D: Documentation provided by Recipient prior to execution of the Agreement (i.e. application, Part 1 of the Project Prospectus) Exhibits A, B and C are attached to this Agreement. Exhibit D is incorporated by reference. In the event of a conflict between two or more of the documents comprising this Agreement, the language in the document with the highest precedence shall control. The precedence of each of the documents comprising this Agreement is as follows, listed from highest precedence to lowest precedence: this Agreement without Exhibits; Exhibit A; Exhibit B; Exhibit C; Exhibit D. 3. Project Cost; Grant Funds. The total estimated Project cost is $990,050. In accordance with the terms and conditions of this Agreement,ODOT shall provide Recipient grant funds in a total amount not to exceed $792,000 (the "Grant Funds"). Recipient will be responsible for all Project costs not covered by the Grant Funds. 4. Project. a. Use of Grant Funds. The Grant Funds shall be used solely for the Project described in Exhibit A(the"Project") and shall not be used for any other purpose. No Grant Funds will be disbursed for any changes to the Project unless ODOT approves such changes by amendment pursuant to Section 4(c). b. Eligible Costs. Recipient may seek reimbursement for its actual costs to develop the Project, consistent with the terms of this Agreement("Eligible Costs"). ODOT/Recipient Agreement No. 34476 i. Eligible Costs are actual costs of Recipient to the extent those costs are: A. reasonable, necessary and directly used for the Project; B. permitted by generally accepted accounting principles established by the Governmental Accounting Standards Board, as reasonably interpreted by the State, to be capitalized to an asset that is part of the Project; and C. eligible or permitted uses of the Grant Funds under the Oregon Constitution,the statutes and laws of the state of Oregon, and this Agreement. ii. Eligible Costs do NOT include: A. operating and working capital or operating expenditures charged to the Project by Recipient; B. loans or grants to be made to third parties; C. any expenditures incurred before the Effective Date or after the Availability Termination Date; or D. costs associated with the Project that substantially deviate from Exhibit A, Project Description, unless such changes are approved by ODOT by amendment of this Agreement; c. Project Change Procedures. i. If Recipient anticipates a change in scope,Key Milestone Dates, or Availability Termination Date, Recipient shall submit a written request to SRTSProgramMailbox@odot.state.or.us. The request for change must be submitted before the change occurs. ii. Recipient shall not proceed with any changes to scope, Key Milestone Dates, or Availability Termination Date before the execution of an amendment to this Agreement executed in response to ODOT's approval of a Recipient's request for change. A request for change may be rejected at the sole discretion of ODOT. 5.Reimbursement Process and Reporting. a. ODOT shall reimburse Recipient for 80 percent of Eligible Costs up to the Grant Fund amount provided in Section 3. ODOT shall reimburse Eligible Costs within forty-five (45) days of ODOT's receipt and approval of a request for reimbursement from Recipient. Recipient must pay its contractors, consultants and vendors before submitting a request for reimbursement to ODOT for reimbursement. ODOT will not reimburse more than one request for reimbursement per month. b. Recipient must submit to ODOT its first reimbursement request within two (2) years of the Effective Date. 2 ODOT/Recipient Agreement No. 34476 c. Each reimbursement request shall be submitted on ODOT's Reimbursement request form https://www.oregon.gov/ODOT/Forms/2ODOT/7373558.docx to the SRTSProgramMailbox@odot.state.or.us and include the Agreement number, the start and end date of the billing period, and itemize all expenses for which reimbursement is claimed. Upon ODOT's request, Recipient shall provide to ODOT evidence of payment to contractors. Recipient shall also include with each reimbursement request a summary describing the work performed for the period seeking reimbursement and work expected for the next period, if any. d. RESERVED e. Recipient shall, no later than ninety (90) days after the completion of the Project or Availability Termination Date, whichever occurs earlier, submit a final reimbursement request. Failure to submit the final request for reimbursement within ninety (90) days after could result in non- payment. f. Upon ODOT's receipt of the final reimbursement request, ODOT will conduct a final on-site review of the Project. ODOT will withhold payment of the final reimbursement request until both (i) its SRTS Program Manager, or designee, has completed the final review and accepted the Project as complete and(ii) Recipient and ODOT staff have signed the Recommendation of Acceptance Form(ODOT Form No. 737-3560). g. ODOT's obligation to disburse Grant Funds to Recipient is subject to the satisfaction, with respect to each disbursement, of each of the following conditions precedent: i. ODOT has received funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow ODOT, in the exercise of its reasonable administrative discretion, to make the disbursement. ii. Recipient is in compliance with the terms of this Agreement. iii. Recipient's representations and warranties set forth in Section 6 are true and correct on the date of disbursement with the same effect as though made on the date of disbursement. h. Recovery of Grant Funds. i. Recovery of Misexpended Funds or Nonexpended Funds. Any Grant Funds disbursed to Recipient under this Agreement that are either(i)disbursed but unexpended at the end of the Availability Termination Date ("Unexpended Funds") or (ii) expended in violation of one or more of the provisions of this Agreement ("Misexpended Funds") must be returned to ODOT. Recipient shall return all Unexpended Funds to ODOT no later than fifteen (15) days after the Availability Termination Date. Recipient shall return all Misexpended Funds to ODOT promptly after ODOT's written demand and no later than fifteen(15) days after ODOT's written demand. ii. Recovery of Grant Funds upon Termination. If this Agreement is terminated under any of Sections 9(b)(i),9(b)(ii), 9(b)(iii)or 9(b)(vi),Recipient shall return to ODOT all Grant Funds disbursed to Recipient within 15 days after ODOT's written demand for the same. i. Reporting 3 ODOT/Recipient Agreement No. 34476 i. Quarterly Reports. Recipient shall submit quarterly progress reports to ODOT using a format that ODOT provides. Recipient must submit the reports to SRTSProgramMailbox@odot.state.or.us by the first Wednesday of March,June, September, and December. ii. Final Report. Recipient shall submit a final written report (the "Final Report") to SRTSProgramMailbox@odot.state.or.us that identifies how hazards have been reduced to children walking or bicycling to and from school as a direct result of this Project. Recipient must submit the Final Report within six (6) months after the Project Completion Date. Recipient's obligation to provide the Final Report will survive Agreement expiration. 6. Representations and Warranties of Recipient. Recipient represents and warrants to ODOT as follows: a. Organization and Authority. Recipient is duly organized and validly existing under the laws of the State of Oregon and is eligible to receive the Grant Funds. Recipient has full power, authority and legal right to make this Agreement and to incur and perform its obligations hereunder, and the making and performance by Recipient of this Agreement (1)have been duly authorized by all necessary action of Recipient and(2) do not and will not violate any provision of any applicable law, rule, regulation, or order of any court, regulatory commission, board, or other administrative agency or any provision of Recipient's Articles of Incorporation or Bylaws, if applicable, (3)do not and will not result in the breach of, or constitute a default or require any consent under any other agreement or instrument to which Recipient is a party or by which Recipient or any of its properties may be bound or affected. No authorization, consent, license, approval of, filing or registration with or notification to any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Recipient of this Agreement. b. Binding Obligation. This Agreement has been duly executed and delivered by Recipient and constitutes a legal,valid and binding obligation of Recipient, enforceable in accordance with its terms subject to the laws of bankruptcy, insolvency, or other similar laws affecting the enforcement of creditors' rights generally. c. No Solicitation. Recipient's officers, employees, and agents shall neither solicit nor accept gratuities, favors, or any item of monetary value from contractors, potential contractors, or parties to subagreements. No member or delegate to the Congress of the United States or State of Oregon employee shall be admitted to any share or part of this Agreement or any benefit arising therefrom. d. No Debarment. Neither Recipient nor its principals is presently debarred, suspended, or voluntarily excluded from any federally-assisted transaction, or proposed for debarment, declared ineligible or voluntarily excluded from participating in this Agreement by any state or federal agency. Recipient agrees to notify ODOT immediately if it is debarred, suspended or otherwise excluded from any federally assisted transaction for any reason or if circumstances change that may affect this status, including without limitation upon any relevant indictments or convictions of crimes. 4 ODOT/Recipient Agreement No. 34476 e. Compliance with Oregon Taxes, Fees and Assessments. Recipient is, to the best of the undersigned(s) knowledge, and for the useful life of the Project will remain, current on all applicable state and local taxes, fees and assessments. 7. Records Maintenance and Access; Audit. a. Records, Access to Records and Facilities. Recipient shall make and retain proper and complete books of record and account and maintain all fiscal records related to this Agreement and the Project in accordance with all applicable generally accepted accounting principles, generally accepted governmental auditing standards and state minimum standards for audits of municipal corporations. Recipient shall ensure that each of its subrecipients and subcontractors complies with these requirements. ODOT, the Secretary of State of the State of Oregon (the "Secretary")and their duly authorized representatives shall have access to the books,documents, papers and records of Recipient that are directly related to this Agreement, the Grant Funds, or the Project for the purpose of making audits and examinations. In addition,ODOT,the Secretary and their duly authorized representatives may make and retain excerpts, copies, and transcriptions of the foregoing books, documents, papers, and records. Recipient shall permit authorized representatives of ODOT and the Secretary to perform site reviews of the Project, and to inspect all vehicles,real property, facilities and equipment purchased by Recipient as part of the Project, and any transportation services rendered by Recipient. b. Retention of Records. Recipient shall retain and keep accessible all books, documents,papers, and records that are directly related to this Agreement,the Grant Funds or the Project for a period of six (6) years after final payment. If there are unresolved audit questions at the end of the period described in this section,Recipient shall retain the records until the questions are resolved. c. Expenditure Records. Recipient shall document the expenditure of all Grant Funds disbursed by ODOT under this Agreement. Recipient shall create and maintain all expenditure records in accordance with generally accepted accounting principles and in sufficient detail to permit ODOT to verify how the Grant Funds were expended. This Section 7 shall survive any expiration or termination of this Agreement. 8. Recipient Subagreements and Procurements a. Subagreements. Recipient may enter into agreements with sub-recipients, contractors or subcontractors (collectively, "subagreements") for performance of the Project. i. All subagreements must be in writing, executed by Recipient and must incorporate and pass through all of the applicable requirements of this Agreement to the other party or parties to the subagreement(s). Use of a subagreement does not relieve Recipient of its responsibilities under this Agreement. ii. Recipient shall require all of its contractors performing work under this Agreement to name ODOT as a third-party beneficiary of Recipient's subagreement with the Contractor and to name ODOT as an additional or "dual" obligee on contractors' payment and performance bonds. 5 ODOT/Recipient Agreement No. 34476 iii. Recipient shall provide ODOT with a copy of any signed subagreement, as well as any other purchasing or contracting documentation,upon ODOT's request at any time. Recipient must report to ODOT any material breach of a term or condition of a subagreement within ten(10) days of Recipient discovering the breach. b. Subagreement indemnity; insurance. i. Recipient's subagreement(s) shall require the other party to such subagreements(s) that is not a unit of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless State of Oregon, the Oregon Transportation Commission and its members, the Department of Transportation, their officers, agents and employees from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys'fees, arising from a tort, as now or hereafter defined in ORS 30.260, caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the other party to Recipient's subagreement or any of such party's officers, agents, employees or subcontractors ("Claims'). It is the specific intention of the Parties that ODOT shall,in all instances, except for Claims arising solely from the negligent or willful acts or omissions of ODOT, be indemnified by the other party to Recipient's subagreement(s)from and against any and all Claims. ii. Any such indemnification shall also provide that neither Recipient's subrecipient(s), contractor(s) nor subcontractor(s), nor any attorney engaged by Recipient's subrecipient(s), contractor(s)nor subcontractor(s) shall defend any claim in the name of ODOT or any agency of the State of Oregon,nor purport to act as legal representative of the State of Oregon or any of its agencies,without the prior written consent of the Oregon Attorney General. The State may, at any time at its election, assume its own defense and settlement in the event that it determines that Recipient's subrecipient is prohibited from defending the State, or that Recipient's subrecipient is not adequately defending the State's interests, or that an important governmental principle is at issue or that it is in the best interests of the State to do so. The State reserves all rights to pursue claims it may have against Recipient's subrecipient if the State of Oregon elects to assume its own defense. iii. If the Project or Project work is on or along a state highway, Recipient shall require its contractor(s) to meet the minimum insurance requirements provided in Exhibit C. Recipient may specify insurance requirements of its contractor(s) above the minimum insurance requirements specified in Exhibit C. Recipient shall verify its contractor(s) meet the insurance requirements in Exhibit C. iv. Recipient shall determine insurance requirements, insurance types and amounts, as deemed appropriate based on the risk of the work outlined within the subagreement. Recipient shall specify insurance requirements and require its contractor(s) to meet the insurance requirements.Recipient shall obtain proof of the required insurance coverages, as applicable, from any contractor providing services related to the subagreement. v. Recipient shall require its contractor(s)to require and verify that all subcontractors carry insurance coverage that the contractor(s) deems appropriate based on the risks of the subcontracted work. 6 ODOT/Recipient Agreement No. 34476 c. Procurements. Recipient shall make purchases of any equipment,materials, or services for the Project under procedures that comply with Oregon law, including all applicable provisions of the Oregon Public Contracting Code, Oregon Revised Statute(ORS)279 A,B, and C, and rules, ensuring that: i. All applicable clauses required by federal statute, executive orders and their implementing regulations are included in each competitive procurement; and i. All procurement transactions are conducted in a manner providing full and open competition. d. Self-Performing Work. Recipient must receive prior approval from ODOT for any self- performing work. e. Conflicts of Interest.Recipient's public officials shall comply with Oregon's government ethics laws, ORS 244.010 et seq., as those laws may be subsequently amended. 9. Termination a. Mutual Termination. This Agreement may be terminated by mutual written consent of the Parties. b. Termination by ODOT. ODOT may terminate this Agreement effective upon delivery of written notice of termination to Recipient, or at such later date as may be established by ODOT in such written notice, under any of the following circumstances: i. If Recipient fails to perform the Project within the time specified in this Agreement, or any extension of such performance period; ii. If Recipient takes any action pertaining to this Agreement without the approval of ODOT and which under the provisions of this Agreement would have required ODOT's approval; iii. If Recipient fails to perform any of its other obligations under this Agreement,and that failure continues for a period of 10 calendar days after the date ODOT delivers Recipient written notice specifying such failure. ODOT may agree in writing to an extension of time if it determines Recipient instituted and has diligently pursued corrective action; iv. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow ODOT, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement; v. If Federal or state laws, rules, regulations or guidelines are modified or interpreted in such a way that the Project is no longer allowable or no longer eligible for funding under this Agreement; or vi. If the Project would not produce results commensurate with the further expenditure of funds. 7 ODOT/Recipient Agreement No. 34476 c. Termination by Either Party. Either Party may terminate this Grant Agreement upon at least ten (10) days' notice to the other Party and failure of the other Party to cure within the period provided in the notice, if the other Party fails to comply with any of the terms of this Grant Agreement. d. Rights upon Termination; Remedies. Any termination of this Grant Agreement shall not prejudice any rights or obligations accrued before termination. The remedies set forth in this Grant Agreement are cumulative and are in addition to any other rights or remedies available at law or in equity. 10. GENERAL PROVISIONS a. Contribution. i. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against ODOT or Recipient with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. ii. With respect to a Third Party Claim for which ODOT is jointly liable with Recipient (or would be if joined in the Third Party Claim), ODOT shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Recipient in such proportion as is appropriate to reflect the relative fault of ODOT on the one hand and of the Recipient on the other hand in connection with the events which resulted in such expenses,judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of ODOT on the one hand and of Recipient on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. ODOT's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law,including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if ODOT had sole liability in the proceeding. iii. With respect to a Third Party Claim for which Recipient is jointly liable with ODOT (or would be if joined in the Third Party Claim), Recipient shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by ODOT in such proportion as is appropriate to reflect the relative fault of Recipient on the one hand and of ODOT on the other hand in connection with the events which resulted in such expenses,judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative 8 ODOT/Recipient Agreement No. 34476 fault of Recipient on the one hand and of ODOT on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Recipient's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law,including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. b. Dispute Resolution. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator(for non-binding arbitration)to resolve the dispute short of litigation. c. Amendments. This Agreement may be amended or extended only by a written instrument signed by both Parties and approved as required by applicable law. d. Duplicate Payment. Recipient is not entitled to compensation or any other form of duplicate, overlapping or multiple payments for the same work performed under this Agreement from any agency of the State of Oregon or the United States of America or any other party, organization or individual. e. No Third-Party Beneficiaries. ODOT and Recipient are the only Parties to this Agreement and are the only Parties entitled to enforce its terms. Nothing in this Agreement gives,is intended to give, or shall be construed to give or provide any benefit or right, whether directly or indirectly, to a third person unless such a third person is individually identified by name herein and expressly described as an intended beneficiary of the terms of this Agreement. f. Notices. Except as otherwise expressly provided in this Agreement, any communications between the Parties hereto or notices to be given hereunder shall be given in writing by personal delivery, email or mailing the same, postage prepaid, to Recipient Contact or ODOT Contact at the address or number set forth on the signature page of this Agreement, or to such other addresses or numbers as either Party may hereafter indicate pursuant to this Section 10(g). Any communication or notice personally delivered shall be deemed to be given when actually delivered. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine, and to be effective against ODOT, such facsimile transmission must be confirmed by telephone notice to ODOT Contact. Any communication by email shall be deemed to be given when the recipient of the email acknowledges receipt of the email. Any communication or notice mailed shall be deemed to be given when received. g. Governing Law,Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding(collectively, "Claim")between ODOT(or any other agency or department of the State of Oregon) and Recipient that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County in the State of Oregon. In no event shall this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court. Each party 9 ODOT/Recipient Agreement No. 34476 hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. h. Compliance with Law. Recipient shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Agreement or to the implementation of the Project, including without limitation as described in Exhibit B. Without limiting the generality of the foregoing, Recipient expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Recipient agrees to comply with the requirements of ORS 366.514, Use of Highway Fund for footpaths and bicycle trails. i. Insurance;Workers' Compensation. All employers,including Recipient,that employ subject workers who provide services in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage,unless such employers are exempt under ORS 656.126. Employer's liability insurance with coverage limits of not less than $500,000 must be included. Recipient shall ensure that each of its subrecipient(s), contractor(s), and subcontractor(s) complies with these requirements. j. Independent Contractor. Recipient shall perform the Project as an independent contractor and not as an agent or employee of ODOT. Recipient has no right or authority to incur or create any obligation for or legally bind ODOT in any way. ODOT cannot and will not control the means or manner by which Recipient performs the Project, except as specifically set forth in this Agreement. Recipient is responsible for determining the appropriate means and manner of performing the Project. Recipient acknowledges and agrees that Recipient is not an "officer", "employee", or "agent" of ODOT, as those terms are used in ORS 30.265, and shall not make representations to third parties to the contrary. k. Severability. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. 1. Counterparts. This Agreement may be executed in two or more counterparts, each of which is an original and all of which together are deemed one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. m. Integration and Waiver. This Agreement, including all Exhibits, constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. The delay or failure of either party to enforce any provision of this Agreement shall not constitute a waiver by that party of that or any other provision. Recipient, by the signature below of its authorized representative, acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. 10 ODOT/Recipient Agreement No. 34476 THE PARTIES, by execution of this Agreement, acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. The Project was approved on December 1, 2020 by the Oregon Transportation Commission. Signature Page to Follow 11 ODOT/Recipient Agreement No. 34476 City of Tigard, by and through its elected STATE OF OREGON, by and through its officials Department of Transportation By By (Legally designated representative) Public Transportation Division Administrator Name Name (printed) (printed) Date Date By APPROVAL RECOMMENDED Name By (printed) Safe Routes to School Program Manager Date Name LEGAL REVIEW APPROVAL (printed) (If required in Recipient's process) Date By By Michael Kimlinger via email Recipient's Legal Counsel State Traffic-Roadway Engineer Date Date November 3, 2020 Recipient Contact: APPROVED AS TO LEGAL SUFFICIENCY Andrew Newbury 13125 SW Hall Boulevard By Sam Zeigler via email saved in file Tigard, OR 97223 Assistant Attorney General (503)718-2472 andrewn@tigard-or.gov Date December 10, 2020 ODOT Contact(SRTS): LeeAnne Fergason 555 13th Street NE Salem, OR 97301-4178 Phone: 503-986-5805 LeeAnne.Fergason@odot.state.or.us 12 ODOT/Recipient Agreement No. 34476 EXHIBIT A Project Description, Key Milestones, Schedule and Budget Agreement No. 34476 Project Name: Metzger Elementary School - Crossing A. PROJECT DESCRIPTION The Project is located at various locations long SW Locust Street and SW Lincoln Street. Recipient shall construct an enhanced pedestrian crossing (marked crosswalk, landings and curb ramps, and ped-actuated RRFB) at SW Locust St and SW Lincoln St and construct a complete sidewalk (approximately 1,465 linear feet)on the north side of SW Locust Street from just west of SW 92nd to Hall Boulevard. Recipient acknowledges that such Project improvements funded under this Agreement may trigger other Recipient responsibilities under the Americans with Disabilities Act. Recipient agrees that it is solely responsible for ensuring Americans with Disabilities Act compliance pursuant to Exhibit B, Recipient Requirements, Section 4. B. PROJECT KEY MILESTONES AND SCHEDULE The Project has two (2) Key Milestone(s). Key Milestones are used for evaluating performance on the Project as described in the Agreement. Neither Key Milestone 1, Scoping and planning, nor Key Milestone 2, Project completion, can be changed without an amendment to the Agreement. If Recipient anticipates either that Key Milestone 1 will require material changes or that Key Milestone 2 will be delayed by more than ninety(90) days, Recipient shall submit a Request for Change Order, as described in Section 4(c) of the Agreement, to SRTSProgramMailbox@odot.state.or.us as soon as Recipient becomes aware of any possible change or delay. Recipient must submit the Request for Change Order before materially changing the project scope (Key Milestone 1) or delaying the Project completion(Key Milestone 2). Table 1: Key Milestones Key Description Estimated Due Date Milestone 1 Scoping and planning 8/26/2022 2 Project completion(Project must be completed 10/27/2023 within 5 years of agreement execution.) 13 ODOT/Recipient Agreement No. 34476 EXHIBIT B Recipient Requirements 1. Recipient shall comply with all applicable provisions of ORS 279C.800 to 279C.870 pertaining to prevailing wage rates and including, without limitation, that workers on the Project shall be paid not less than rates in accordance with ORS 279C.838 and 279C.840 pertaining to wage rates and ORS 279C.836 pertaining to having a public works bond filed with the Construction Contractors' Board. 2. Recipient shall notify ODOT's Contact in writing when any contact information changes during the Agreement. 3. Recipient shall maintain insurance policies with responsible insurers or self-insurance programs, insuring against liability and risk of direct physical loss, damage or destruction of the Project, at least to the extent that similar insurance is customarily carried by governmental units constructing, operating and maintaining similar facilities. If the Project or any portion is destroyed, insurance proceeds will be paid to ODOT,unless Recipient has informed ODOT in writing that the insurance proceeds will be used to rebuild the Project. 4. Americans with Disabilities Act Compliance a. State Highway: For portions of the Project located on or along the State Highway System or a State-owned facility("state highway"): i. Recipient shall utilize ODOT standards to assess and ensure Project compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 as amended (together, "ADA"), including ensuring that all sidewalks, curb ramps, pedestrian-activated signals meet current ODOT Highway Design Manual standards; ii. Recipient shall follow ODOT's processes for design, construction, or alteration of sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing a temporary pedestrian accessible route plan and current ODOT Curb Ramp Inspection form; iii. At Project completion, Recipient shall send a completed ODOT Curb Ramp Inspection Form 734-5020 to the address on the form and to State's Project Manager for each curb ramp constructed or altered as part of the Project. The completed form is the documentation required to show that each curb ramp meets ODOT standards and is ADA compliant. ODOT's Tillable Curb Ramp Inspection Form and instructions are available at the following address: https://www.oregon.gov/ODOT/Engineering/Paaes/Accessibility.asbx 14 ODOT/Recipient Agreement No. 34476 iv. Recipient shall promptly notify ODOT of Project completion and allow ODOT to inspect Project sidewalks, curb ramps, and pedestrian-activated signals located on or along a state highway prior to acceptance of Project by Recipient and prior to release of any Recipient contractor. v. Recipient shall ensure that temporary pedestrian routes are provided through or around any Project work zone. Any such temporary pedestrian route shall include directional and informational signs,comply with ODOT standards,and include accessibility features equal to or better than the features present in the existing pedestrian facility. Recipient shall also ensure that advance notice of any temporary pedestrian route is provided in accessible format to the public, people with disabilities, disability organizations, and ODOT at least 10 days prior to the start of construction. b. Local Roads: For portions of the Project located on Recipient roads or facilities that are not on or along a state highway: i. Recipient shall ensure that the Project, including all sidewalks, curb ramps, and pedestrian-activated signals,is designed, constructed and maintained in compliance with the ADA. ii. Recipient may follow its own processes or may use ODOT's processes for design, construction, or alteration of Project sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing a temporary pedestrian accessible route plan and current Curb Ramp Inspection form, available at: httns://www.oregon.gov/ODOT/Engineering/Pages/Accessibilitv.aspx; Additional ODOT resources are available at the above-identified link. ODOT has made its forms, processes, and resources available for Recipient's use and convenience. iii. Recipient assumes sole responsibility for ensuring that the Project complies with the ADA, including when Recipient uses ODOT forms and processes. Recipient acknowledges and agrees that ODOT is under no obligation to review or approve Project plans or inspect the completed Project to confirm ADA compliance. iv. Recipient shall ensure that temporary pedestrian routes are provided through or around any Project work zone. Any such temporary pedestrian route shall include directional and informational signs and include accessibility features equal to or better than the features present in the existing pedestrian route. Recipient shall also ensure that advance notice of any temporary pedestrian route is provided in accessible format to the public, people with disabilities, and disability organizations prior to the start of construction. c. Recipient shall ensure that any portions of the Project under Recipient's maintenance jurisdiction are maintained in compliance with the ADA throughout the useful life of the Project. This includes,but is not limited to, Recipient ensuring that: 15 ODOT/Recipient Agreement No. 34476 i. Pedestrian access is maintained as required by the ADA, ii. Any complaints received by Recipient identifying sidewalk, curb ramp, or pedestrian- activated signal safety or access issues are promptly evaluated and addressed, iii. Recipient,or abutting property owner,pursuant to local code provisions,performs any repair or removal of obstructions needed to maintain the Project in compliance with the ADA requirements that were in effect at the time the Project was constructed or altered, iv. Any future alteration work on Project or Project features during the useful life of the Project complies with the ADA requirements in effect at the time the future alteration work is performed, and v. Applicable permitting and regulatory actions are consistent with ADA requirements. d. Maintenance obligations in this Section 4 shall survive termination of this Agreement. 5. Work Performed within ODOT's Right of Way a. Prior to the commencement of work, Recipient shall obtain, or require its contractor to obtain, permission from the appropriate ODOT District Office to work on or along the state highway. This Agreement does not provide permission to work on or along the state highway. b. If the Project includes traffic control devices (see ODOT's Traffic Manual, Chapter 5, for a description of traffic control devices) on or along a state highway, Recipient shall, pursuant to Oregon Administrative Rule (OAR) 734-020-0430, obtain the approval of the State Traffic Engineer prior to design or construction of any traffic control device being installed. c. Recipient shall enter into a separate traffic signal agreement with ODOT to cover obligations for any traffic signal being installed on a state highway. d. Recipient shall ensure that its electrical inspectors possess a current State Certified Traffic Signal Inspector certificate before the inspectors inspect electrical installations on state highways. The ODOT's District Office shall verify compliance with this requirement before construction. The permit fee should also cover the State electrician's supplemental inspection. 6. General Standards The Project shall be completed within industry standards and best practices to ensure that the functionality and serviceability of the Program's investment meets the intent of the application and the Program. 7. Land Use Decisions a. Recipient shall obtain all permits,"land use decisions"as that term is defined by ORS 197.015(1) (2020), and any other approvals necessary for Recipient to complete the Project by the Project completion deadline identified in Exhibit A(each a"Land Use Decision"and collectively,"Land Use Decisions"). 16 ODOT/Recipient Agreement No. 34476 b. If at any time before the Availability Termination Date identified in Section 1 of this Agreement ODOT concludes, in its sole discretion, that Recipient is unlikely to obtain one or more Land Use Decisions before the Availability Termination Date, ODOT may (i) suspend the further disbursement of Grant Funds upon written notice to Recipient (a "Disbursement Suspension") and (ii) exercise any of its other rights and remedies under this Agreement, including, without limitation, terminating the Agreement and recovering all Grant Funds previously disbursed to Recipient. c. If after a Disbursement Suspension ODOT concludes, in its sole discretion and based upon additional information or events,that Recipient is likely to timely obtain the Land Use Decision or Decisions that triggered the Disbursement Suspension, ODOT will recommence disbursing Grant Funds as otherwise provided in this Agreement. d. This Section 7 is in addition to, and not in lieu of, ODOT's rights and remedies under Section 5.h("Recovery of Grant Funds") of this Agreement. 8. Website Recipient shall provide ODOT a link to any website created about the Project identified in Exhibit A before any costs being considered eligible for reimbursement. Recipient shall notify the ODOT Contact in writing when the link changes during the term of this Grant Agreement. 9. Photographs Recipient shall provide pre-construction Project photographs within thirty (30) days of the execution of this Agreement. Recipient shall provide Project photographs thirty(30) days after Project is completed. 17 ODOT/Recipient Agreement No. 34476 EXHIBIT C Subagreement Insurance Requirements 1. GENERAL. a. If the Project is on or along a state highway,Recipient shall require in its first tier subagreements with entities that are not units of local government as defined in ORS 190.003, if any, to: i) obtain insurance specified under TYPES AND AMOUNTS and meeting the requirements under ADDITIONAL INSURED, "TAIL" COVERAGE, NOTICE OF CANCELLATION OR CHANGE,and CERTIFICATES OF INSURANCE before performance under the subagreement commences, and ii) maintain the insurance in full force throughout the duration of the subagreement. The insurance must be provided by insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to ODOT. Recipient shall not authorize work to begin under subagreements until the insurance is in full force.Thereafter,Recipient shall monitor continued compliance with the insurance requirements on an annual or more frequent basis. Recipient shall incorporate appropriate provisions in the subagreement permitting it to enforce compliance with the insurance requirements and shall take all reasonable steps to enforce such compliance. In no event shall Recipient permit work under a subagreement when Recipient is aware that the contractor is not in compliance with the insurance requirements. As used in this section, "first tier"means a subagreement in which the Recipient is a Party. b. The insurance specified below is a minimum requirement that the contractor within the subagreement shall meet. Recipient may determine insurance types and amounts in excess to the minimum requirement as deemed appropriate based on the risks of the work outlined within the subagreement. c. Recipient shall require the contractor(s) to require that all of its subcontractors carry insurance coverage that the contractor deems appropriate based on the risks of the subcontracted work. Contractor shall obtain proof of the required insurance coverages, as applicable, from any subcontractor providing Services related to the Contract. 2. TYPES AND AMOUNTS. a. WORKERS COMPENSATION. All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide Workers' Compensation Insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). The coverage shall include Employer's Liability Insurance with limits not less than $500,000 each accident. Contractor shall require compliance with these requirements in each of its subcontractor contracts. b. COMMERCIAL GENERAL LIABILITY. Commercial General Liability Insurance shall be issued on an occurrence basis covering bodily injury and property damage and shall include personal and advertising injury liability, products and completed operations, and contractual liability coverage. When work to be performed includes operations or activity within 50 feet of any railroad property, bridge, trestle, track, 18 ODOT/Recipient Agreement No. 34476 roadbed, tunnel, underpass or crossing, the Contractor shall provide the Contractual Liability— Railroads CG 24 17 endorsement, or equivalent, on the Commercial General Liability policy. Amounts below are a minimum requirement as determined by ODOT: Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000. c. AUTOMOBILE Liability Insurance: Automobile Liability. Automobile Liability Insurance covering Contractor's business-related automobile use covering all owned,non-owned,or hired vehicles for bodily injury and property. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). Amount below is a minimum requirement as determined by ODOT: Coverage shall be written with a combined single limit of not less than $1,000,000. d. ADDITIONAL INSURED. The Commercial General Liability Insurance and Automobile Liability Insurance must include the "State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees" as an endorsed Additional Insured but only with respect to the contractor's activities to be performed under the Subcontract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. Additional Insured Endorsements on the Commercial General Liability shall be written on ISO Form CG 20 10 07 04, or equivalent, with respect to liability arising out of ongoing operations and ISO Form CG 20 37 07 04, or equivalent, with respect to liability arising out of completed operations. Additional Insured Endorsements shall be submitted with the Certificate(s) of Insurance and must be acceptable to the Recipient. e. "TAIL" COVERAGE. If any of the required insurance policies is on a"claims made"basis,such as professional liability insurance or pollution liability insurance, the contractor shall maintain either"tail" coverage or continuous "claims made" liability coverage, provided the effective date of the continuous "claims made" coverage is on or before the effective date of the Subcontract, for a minimum of twenty-four (24) months following the later of: (i) the contractor's completion and Recipient's acceptance of all Services required under the Subcontract or, (ii) the expiration of all warranty periods provided under the Subcontract. Notwithstanding the foregoing twenty-four(24) month requirement, if the contractor elects to maintain"tail" coverage and if the maximum time period "tail" coverage reasonably available in the marketplace is less than the twenty-four (24) month period described above, then the contractor may request and ODOT may grant approval of the maximum "tail " coverage period reasonably available in the marketplace. If ODOT approval is granted, the contractor shall maintain"tail"coverage for the maximum time period that"tail" coverage is reasonably available in the marketplace. 19 ODOT/Recipient Agreement No. 34476 f. NOTICE OF CANCELLATION OR CHANGE. The contractor or its insurer must provide thirty (30) days' written notice to Recipient before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s). g. CERTIFICATE(S) OF INSURANCE. Recipient shall obtain from the contractor a certificate(s) of insurance for all required insurance before the contractor performs under the Subcontract. The certificate(s) or an attached endorsement must specify: i) "State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees" as an endorsed Additional Insured in regards to the Commercial General Liability and Automobile Liability policies and ii) that all liability insurance coverages shall be primary and non-contributory with any other insurance and self-insurance, with exception of Workers' Compensation.. The Recipient shall immediately notify ODOT of any change in insurance coverage. 20 AIS-4586 4. Business Meeting One Meeting Date: 04/06/2021 Length (in minutes): 10 Minutes Agenda Title: LOCAL CONTRACT REVIEW BOARD: EXEMPTION TO COMPETITIVE BIDDING AND APPROVAL OF FINDINGS FOR UNIVERSAL PLAZA Prepared For: Christine Moody Submitted By: Christine Moody, Finance and Information Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Asking the Local Contract Review Board to consider exempting the construction of Universal Plaza from traditional low bid and allow Alternative Project Delivery. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Local Contract Review Board (LCRB) approve the findings and allow an Alternative Project Delivery (APD) method rather than low bid for the solicitation and contract of Universal Plaza. KEY FACTS AND INFORMATION SUMMARY The City of Tigard and its urban renewal agency, the Town Center Development Agency (TCDA), are focused on continuing the revitalization of downtown Tigard. The City's strategic vision is to be "an equitable community that is walkable, healthy, and accessible for everyone." The adopted City Center Urban Renewal Plan aims to support this vision by "develop[ing] urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown." In 2017, the TCDA Board directed that an agency-owned property in downtown Tigard be redeveloped as a large public plaza. Envisioned as the most important public space in the city's most important district, the future Universal Plaza, herein referred to as the "Project," will be a hub of activity, a stimulus for downtown's continued redevelopment, and an emblem of civic pride and identity for Tigard residents. In 2019, a Qualifications Based Request for Proposals was issued to select a qualified landscape design firm to develop the City's vision. A team of landscape architects, engineers, planners, cost estimators, and activation professionals headed by Rios was selected. The City has approved a conceptual site design, informed by community engagement, addressing the site challenges and opportunities. The City has contracted with Shiels Obletz Johnsen (SOJ) to provide assistance as an Owners Representative with experience in alternative project delivery. As part of the work under that contract SOJ provides technical support and project management during pre-construction activities and construction. Staff evaluated different design and construction delivery methods taking the following into consideration: •Project challenges • City of Tigard resources and technical expertise •Project delivery alternatives and their features This highly visible civic plaza project poses several challenges for maintaining design excellence within available public funding. It includes unique public amenities and features requiring specialized equipment and expertise. The City will be responsible for long-term maintenance, and cost-effective investments now will minimize the long-term financial impact on the City. Collaborative contractor involvement in the design process, constructability review, and phasing options is key. A state-of-the art water feature is the central focus of the site experience and constitutes one-third of the construction budget. A traditional Design/Bid/Build (DBB) method poses a high risk of contractors bidding the project without a comprehensive understanding of the complexities and requirements of such a unique feature. A coordinated Construction Manager/General Contractor (CM/GC) team approach, with a planned strategic sequencing of project phasing, will ensure the required insight and essential grasp of the coordinated site improvements that will be needed for Life Cycle Cost assessments and a successful result. This will mitigate risk to the City and produce cost savings. The estimated project cost including construction and engineering is approximately $3.5 million. As required under Oregon Revised Statute 279C.335, all public improvement contracts must be competitive low bid except if a LCRB exempts the project and approves findings in support of an alternative contracting method, as follows: •The exemption is unlikely to encourage favoritism in awarding a public improvement contract or substantially diminish competition for public improvement contracts. •Awarding a public improvement contract under the exemption will likely result in substantial cost savings and other substantial benefits to the contracting agency that seeks the exemption. In approving the findings, the LCRB shall consider the type, cost and amount of the contract and, to the extent applicable to the particular public improvement, the following: o How many persons are available to bid; o The construction budget and the projected operating costs for the completed public improvement; o Public benefits that may result from granting the exemption; o Whether value engineering techniques may decrease the cost of the public improvement; o The cost and availability of specialized expertise that is necessary for the public improvement; o Any likely increases in public safety; o Whether granting the exemption may reduce risks to the contracting agency, or the public that are related to the public improvement; o Whether granting the exemption will affect the sources of funding for the public improvement; o Whether granting the exemption will better enable the contracting agency to control the impact that market conditions may have on the cost of and time necessary to complete the public improvement; o Whether granting the exemption will better enable the contracting agency to address the size and technical complexity of the public improvement; o Whether the public improvement involves new construction or renovates or remodels an existing structure; o Whether the public improvement will be occupied or unoccupied during construction; o Whether the public improvement will require a single phase of construction work or multiple phases of construction work to address specific project conditions; and o Whether the contracting agency has retained under contract, and will use contracting agency personnel, consultants and legal counsel that have necessary expertise and substantial experience in alternative contracting methods to assist in developing the alternative contracting method that will be used to award the public improvement contract and to help negotiate, administer and enforce the terms of the contract. The City published a public notice and held a public hearing on March 18, 2021 as required under ORS 279C.335 to allow for comments on the draft findings. No contractors attended the meeting and the City did not receive any comments on the findings as presented. The final Findings report is attached as Exhibit A. OTHER ALTERNATIVES The Local Contract Review Board may choose to not approve the Findings and CM/GC Exemption and ask staff to investigate other procurement methods. This would delay the start of the project by several months. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City Strategic Plan 2020-2025 Priority 3 — Ensure development advances the vision. Objective 3.1: Pursue land development that maximizes public health benefits while increasing connection between people and community destinations Action G: Invest in public spaces that equitably serve the city's diverse residents, workers, and visitors Objective 3.3: Understand the effects of development on vulnerable Tigard residents and mitigate these impacts within projects and over time. Action A: Increase access and participation of community members who are historically underrepresented in city processes and committees. 2019-2021 Tigard City Council Goals Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality. Strategy 2.2: Continue to make Downtown Tigard a place people want to be by making substantial progress on projects that attract new residential and business investment: • Design and engineering of Universal Plaza City Center Urban Renewal Plan Goal 4B: Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Exhibit A Universal Plaza Findings Presentation of Findings Exhibit A FACTUAL FINDINGS PROPOSED EXEMPTION FROM COMPETITIVE BIDDING UNIVERSAL PLAZA PARK I. EXEMPTION FROM COMPETITIVE BIDDING UNDER OREGON STATUTE Oregon law requires all public improvement projects to be procured by a competitive low bid method, unless an exemption is granted by the State of Oregon or the Local Contract Review Board (LCRB) for public agencies other than the State. In order to obtain an exemption, ORS 279C.335 requires the Tigard City Council, acting as the LCRB, to approve two findings submitted by the City staff: 1. It is unlikely that the exemption will encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for the public improvement; and 2. The awarding of the public improvement contract under the exemption will likely result in substantial cost savings for the City of Tigard ("City"). As used in ORS 279C.335, 279C.345 and 279C.350, "findings" means the justification for a contracting agency conclusion that includes, but is not limited to, information regarding: (A) How many persons are available to bid; (B) Operational, budget, and financial data; (C) Public benefits; (D) Value engineering; (E) Specialized expertise required; (F & G) Public safety and reduction of risks; (H) Funding sources; (I) Market conditions; (J) Technical complexity; City of Tigard Findings Universal Plaza Park Page 1 (K) Whether the public improvement involves new construction or renovates or remodels an existing structure; (L) Occupancy during construction; (M) Phasing of the Project; and (N) Expertise and experience of the City's consultants and legal counsel in alternative contracting methods. II. PROJECT BACKGROUND A. Description & History The City of Tigard, a first-tier suburb in the Portland metropolitan area, is a diverse community of 54,758 residents (currently Oregon's 11th largest city). The City of Tigard has a well-balanced economy that includes more than 3,000 firms employing more than 40,000 people from around the region. The City of Tigard and its urban renewal agency, the Town Center Development Agency (TCDA), are focused on transitioning downtown Tigard to a place where people live and gather. The city's strategic vision is to be "the most walkable community in the Pacific Northwest, where people of all ages and abilities enjoy healthy and interconnected lives." The adopted City Center Urban Renewal Plan aims to support this vision by "develop[ing] urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown." In 2017, the TCDA Board directed that an agency-owned piece of property in downtown Tigard be redeveloped as a large public plaza. Envisioned as the most important public space in the city's most important district, the future Universal Plaza Park, herein referred to as the "Project," will be a hub of activity, a stimulus for downtown's continued redevelopment, and an emblem of civic pride and identity for Tigard residents. In 2019, a Qualifications Based Request for Proposals was issued to select a qualified landscape design firm to develop the City's vision. A team of landscape architects, engineers, planners, cost estimators, and activation professionals headed by Rios was selected. The City has approved a conceptual site design, informed by community engagement, addressing the site challenges and opportunities. B. Proiect Factors that Support CM/GC This highly visible civic plaza project poses several challenges for maintaining design excellence within available public funding. It includes unique public amenities and art features requiring specialized equipment and expertise. The City will be responsible for long-term maintenance, and cost-effective investments now will minimize the long-term financial impact on the City. Collaborative contractor involvement in the design process, City of Tigard Findings Universal Plaza Park Page 2 constructability review, and phasing options is key. A state-of-the art water feature is the central focus of the site experience and constitutes one-third of the construction budget. A traditional Design/Bid/Build (DBB) method poses a high risk of contractors bidding the project without a comprehensive understanding of the complexities and requirements of such a unique feature. A coordinated CM/GC team approach, with a planned strategic sequencing of project phasing, will ensure the required insight and essential grasp of the coordinated site improvements that will be needed for Life Cycle Cost assessments and a successful result. This will mitigate risk to the City and produce cost savings. C. Justification For these reasons, the Community Development Department is proposing an alternative contracting method for the Project, namely the Construction Manager/General Contractor (CM/GC) method, instead of the traditional DBB method. Use of the CM/GC alternative contracting method is also more likely to minimize costs, reduce change orders, reduce risk, and reduce construction impacts. In the traditional Design/Bid/Build (DBB) method, the City obtains separate contracts for design and construction. The construction contract is bid at the completion of design and is awarded to the candidate meeting the minimum qualifications with the lowest responsive bid. The construction contractor performs the work under the oversight of Community Development staff. The City assumes the risk for schedule delays, unanticipated costs, and claims. The sequential nature of the DBB method requires a lengthy design and construction time frame to allow for the permitting and bidding processes. In DBB, there is no interaction between the design and construction contractors until construction begins, when design and permits are locked in and there is little allowance for change. When using the CM/GC procurement method, the City negotiates a contract for a Construction Manager / General Contractor. The Community Development Department proposes to use a two-step process, beginning with a predevelopment services contract for CM/GC services performed during design, followed by a construction contract for management and completion of construction work elements. As the design is refined, the CM/GC provides input to the design to reduce costs, minimize scheduling problems, ensure constructability, and improve safety. As the Project design develops, the CM/GC can plan and sequence technical subcontractors. At a specified design milestone, the CM/GC will secure bids from subcontractors to develop a total cost for construction. This cost is negotiated and locked in with a Guaranteed Maximum Price (GMP) for the specified scope. City of Tigard Findings Universal Plaza Park Page 3 Using a CM/GC contracting method would support successful completion of the Project in the most cost-effective manner. Hiring a CM/GC would provide the following benefits: • Greater focus on completion date; • Evaluation of total Project costs based on Project design; • Guarantee of the maximum price at final design, absent changes in the scope of work and/or unforeseen site conditions; • Access to technical expertise during the design and in the planning for sequencing construction phases; • Experienced management of multiple technical subcontractors; • Team building and partnering opportunities with City project management staff and the design teams; • Coordinated responsibility for worker safety; • CM/GC assumption of some risk (e.g., cost, schedule, safety, and constructability); • Reduction of risk of construction delays and unanticipated costs for the City; • Accelerated schedule with early solicitation of subcontract bid packages and early construction start, concurrent with final design; • Selection of a Contractor based on qualifications; • Greater emphasis on contractor quality control; and, • Use of contractors with specialized experience. III. IT IS UNLIKELY THE EXEMPTION WILL ENCOURAGE FAVORITISM OR SUBSTANTIALLY DIMINISH COMPETITION ORS 279C.335(2) requires that the LCRB make certain findings as a part of exempting public contracts or classes of public contracts from competitive bidding. ORS 279C.335 (2)(a) requires the LCRB to make a finding that, "[i]t is unlikely that such an exemption will encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for public improvement contracts." This finding is appropriate for the Project and is supported by the following facts. The contractor will be selected through a competitive Request for Proposals (RFP) process. The RFP for a CM/GC will be advertised in Portland's Daily Journal of Commerce and on the City of Tigard website in advance of the deadline set for submitting responses to the RFP. The proposals will be evaluated by a selection committee based on criteria such as experience, technical expertise, key personnel and staffing, diversity, safety record, schedule performance, and percentage profit and overhead markup. The selection committee will review and rank the written proposals, hold interviews if necessary, and recommend a Contractor for the CM/GC contract award. As a result of the competitive RFP process, the use of an alternative contracting method for the Project is unlikely to encourage favoritism in the awarding of public contracts. City of Tigard Findings Universal Plaza Park Page 4 Furthermore, the alternative process can result in even broader participation and greater competition than the traditional bidding process. All qualified general contractors and construction management firms will have an opportunity to compete. These firms include some that might not be willing to face the uncertainties and potential financial risks associated with bidding and contracting for construction under a traditional design-bid- build competitive bid process. Structuring the Project under a CM/GC contract that includes the contractor in the design phase allows the selected firm to improve constructability, develop phasing and staging plans to efficiently perform the work with minimal disruption to operations, and determine effective construction methods. This may make the Project more attractive to qualified firms because of the opportunity to better understand the Project prior to providing the City with a price for the Project and to reduce their risk in undertaking the Project. Therefore, competition will not be diminished, and may even be enhanced by advertising the Project through a CM/GC process. IV. GRANTING THE EXEMPTION WILL LIKELY RESULT IN SUBSTANTIAL COST SAVINGS ORS 279C.335(2) requires that the LCRB make certain findings as part of exempting public contracts or classes of public contracts from competitive bidding. ORS 279C.335 (2)(b) requires Council to find that "[t]he awarding of public improvement contracts under the exemption will result in substantial cost savings to the public contracting agency." This finding is appropriate for the Project and is supported by the following facts. The Construction Industry Institute (CII) and Penn State University conducted a seminal study published in 1997 comparing CM/GC (called "construction management at risk" in the study), design-build, and design-bid-build performance on 351 building projects in the United States. The results of the study can be compared in terms of cost and schedule. Schedule was defined in both construction speed (construction only) and delivery speed (both design and construction). The projects delivered using the CM/GC method as compared to conventional DBB methods on average resulted in: • Lower as-completed unit cost; • Faster construction speed; • Faster total delivery (including design and construction); • Less cost growth during construction. The Construction Industry Institute (CII) and Penn State University study may be found at the following web address: htto://cdnassets.hw.net/2b/33/57aaf2874fecb021 d26c83031 d2d/tr-038-konchar- comparison-of-us-oroi-del-systems.pdf The CM/GC method benefits for this Project include opportunity for cost and time- savings through innovation. These innovations include improved Project construction staging, incremental completion of design and commencement of construction, City of Tigard Findings Universal Plaza Park Page 5 integrated planning between designers and contractors from the beginning of the Project and reduced formal design effort because the working plans and detailed specifications do not have to be of a biddable level of detail. The CM/GC contracting method rewards innovation; allows for concurrent acquisition, design, and construction functions; and takes advantage of the ability to acquire materials and order fabrication incrementally. It also provides incentives to the CM/GC to manage and stage the Project to optimize efficiencies in construction. These methods contribute to reduce Project duration, encourage long-term cost savings, and support meeting Project performance objectives. For the Universal Plaza Park, the advantages and potential cost savings would result from working closely with the selected CM/GC to plan the construction staging in a manner that cost effectively supports the specialized construction necessary for the water feature, protects the environment, and coordinates detailed construction sequencing with the protected Fanno Creek environment. The Project could benefit from a CM/GC method by achieving substantial cost savings through the following: • Real-time cost estimating; • Reduced overall Project duration and reductions in overhead costs. Finding: The CM/GC method will help to ensure the Project is completed within the proposed Project budget because, as discussed above, the CM/GC method results in a greater understanding of the Project by the CM/GC, reducing both the incentive and the factual basis for change orders. It also brings the knowledge and experience of the CM/GC onto the project team while there is still time to make the design more efficient relative to both the estimated cost and the staging plan. For these reasons, the CM/GC method will result in greater cost control compared to the DBB method. The CM/GC contracting method allows the Contractor to understand and incorporate value engineering ideas, and to participate in the acquisition of permits during the Project design phase, reducing the overall cost of the Project and avoiding costly change orders or disputes that impact the City's budget or schedule for the Project. The CM/GC contracting process affords the opportunity for the contractor to participate during the design phases of the Project, lending its expertise, knowledge, and experience to provide feedback as to whether the Project's proposed design is feasible within the project parameters. Similarly, this allows the contractor to make value engineering suggestions, that is, suggestions that propose alternative and less expensive ways of achieving the same result. This can result in more practical, constructible, and economical design solutions while maintaining the design's integrity. Participation in the design process also enables the contractor to become more familiar with the Project features and requirements before it prepares its price and schedule for the work. This familiarity means that the contractor may not include cost contingencies City of Tigard Findings Universal Plaza Park Page 6 that other contractors frequently include in their bids to take account of uncertainties that are not resolvable during the brief bidding period under a traditional design-bid-build competitive bid process. Finally, the CM/GC contracting process allows the contractor to participate in the Project permitting processes. By including the contractor's means and methods with the permit applications, the City will avoid delays and increased costs associated with permit acquisition. It will also avoid permit conditions that require prescriptive means and methods specifications for a competitively bid contract that can lead to change orders and disputes when the low bidder proposes alternate means and methods of construction. V. GRANTING THE EXEMPTION SUPPORTS OTHER SUBSTANTIAL BENEFITS A. HOW MANY PERSONS ARE AVAILABLE TO BID The CM/GC contracting method will result in broader participation and greater competition than the traditional bidding process. All qualified general contractors and construction management firms will have an opportunity to compete. These firms include some that might not be willing to face the uncertainties and potential financial risks associated with bidding and contracting for construction under a traditional design-bid- build competitive bid process. There are numerous qualified firms in the Portland Metro area and beyond that will be able bid on this Project. B. OPERATIONAL. BUDGET. AND FINANCIAL REQUIREMENTS Using the CM/GC method will allow the City to hire the CM/GC during the design phase of the Project and allow the CM/GC to develop a comprehensive construction schedule and sequencing before initiating the work with input from the project team. The interaction between the project team and the CM/GC during the design process means it is more likely that the final design will take into account potential construction problems and allow early coordination of connections to existing facilities. It is necessary to carefully consider the means and methods of construction during design stages to ensure a minimum of delays and additional costs during construction. Adding the CM/GC to the design team between the 30% and 60% design phases will provide information on constructability and create a logical sequence for construction. The CM/GC method fosters coordination and efficiency in design and construction. The CM/GC method will allow the City to have more participation and control than the traditional DBB method. This construction contracting method carries both the lowest risk and lowest construction and operating cost compared with any other alternative. This approach also offers the greatest flexibility, risk reduction, reliability, and ease of construction. The CM/GC method will facilitate a much greater Project understanding by the CM/GC before construction starts, and a longer lead time in which to craft a thoughtful and City of Tigard Findings Universal Plaza Park Page 7 comprehensive construction schedule and cost proposals. It is unlikely that even an experienced contractor would have the time to produce a plan of this quality without the lead time and team interaction the CM/GC method provides because traditionally the DBB process allows no time or opportunity for interaction with the owner or design contractors before the construction Notice to Proceed (NTP) is issued. In addition, the RFP process for selecting the CM/GC will give the City greater opportunity to question the respondents to discern the best responses to these issues, and to check references. By minimizing surprises, incorporating cost savings ideas in the original design phase, and avoiding hurried plans or adaptations to the construction plan, it is likely that the City can avoid costly change orders or disputes that impact the schedule or budget. In contrast, the DBB method of construction does not allow for input on the part of the contractor during the design phase. The DBB method also can produce cost overruns if a critical portion of the plans is unclear, which may require redesign and sometimes entitle the contractor to additional compensation. Utilization of the CM/GC method permits the contractor to understand the designer's intent and the plans because of close cooperation with the designer and thus reduces this risk. A typical CM/GC project produces what is known as a "Guaranteed Maximum Price." Although the contract price can still change (for example, if the scope of work changes or unforeseen site conditions are discovered) usually such contracts provide greater price certainty for the City. As a result, the use of a CM/GC method on this type of Project is more likely to meet the City's budget, avoid unnecessary cost overruns and disputes, and provide greater financial certainty for the City. Finding:A competitive selection of a CM/GC offers the greatest flexibility, risk reduction, reliability, and ease of construction. The Project budget is likely to be more stable as a result of this approach and it is less likely that there will be Project overruns. In comparison to the DBB method, the CM/GC method is less likely to cause budget overruns. C. PUBLIC BENEFITS It is likely that there will be a lower chance of disruption to the schedule, cost overruns, and delays by using the CM/GC contracting approach. Electing to adopt reasonable measures such as alternative contracting to meet commitments and to decrease the risk of total construction cost overruns, falls well within the City's fundamental fiduciary duty to manage taxpayer resources responsibly. The CM/GC method may allow construction of the current facility plan at a lower life- cycle cost of any other technically feasible procurement alternative identified to date, including a DBB method. A CM/GC contracting approach will allow the public to receive the benefits of both timeliness and best value and minimizes risk to the City by awarding the contract to the most qualified contractor. City of Tigard Findings Universal Plaza Park Page 8 Using a CM/GC method provides more opportunities during design and construction to address constructability, modify construction means and methods, and improve schedule and budget compliance.This construction approach also provides the following public benefits: • Success in neighbor relations, including improved planning and coordination regarding dust, noise, and other impacts or disruptions; • Ensuring access to adjacent properties is maintained; • Selects a contractor based on qualifications resulting in overall value to the Project. • Coordination with Clean Water Services and environmental requirements during construction. Finding: The competitive Request for Proposals (RFP) used in the CM/GC method of procurement maximizes public benefit by ensuring the selection of a contractor who is well qualified to effectively minimize the public impacts caused by the work. In contrast, the DBB method, which does not permit the contractor to become involved in the Project until after the design is complete, would be less likely to achieve these goals. D. VALUE ENGINEERING The CM/GC method will give the CM/GC an opportunity to partner with the City's project team and design contractor in performing value engineering (VE) and constructability reviews during design. Value engineering is a process in which Project stakeholders compare the total Project cost to Project performance and evaluate the benefit-to-cost ratio. With a CM/GC method of procurement, constructability is continuously evaluated, and final costs are determined early in the process (that is, prior to completion of the final design). The early and realistic determination of costs allows the City to adjust design and construction methods based on real costs. In contrast, construction contractor input for the Project, while it is being designed, is not possible using the conventional DBB method. Early involvement of the CM/GC will more efficiently attain the Project objectives. The CM/GC can see conditions while design is ongoing and provide input. The CM/GC's construction experience and knowledge will help identify and resolve issues prior to construction and will aid in early identification of effective measures to minimize disruption. This partnering will likely reduce the need for change orders, claims, and delays, resulting in cost savings and delivery of quality facilities on time. Having the CM/GC review the design prior to the start of construction best leverages the value engineering ideas that are accepted and incorporated into the final design. It is less expensive to implement ideas during design than to wait and provide a change order and potential redesign during construction. City of Tigard Findings Universal Plaza Park Page 9 Finding: Hiring a contractor through the CM/GC method provides for feedback from the construction contractor during design, and participation in the design and development of the Project helps the Project to be completed within the estimated cost. In contrast, the DBB process does not permit contractor involvement during the design phase of the Project and limits value engineering possibilities. E. SPECIALIZED EXPERTISE REQUIRED The CM/GC process allows the City to contract with a contractor that demonstrates the required specialized expertise. Utilizing a CM/GC will allow the contractor to provide valuable input during the design process. Constructability issues can be addressed preceding the actual construction activities. The CM/GC contracting process will provide the best opportunity to select the most knowledgeable and qualified contractor with the necessary expertise for this Project. An alternative contracting method, such as CM/GC, provides the only realistic way to make sure that expertise is available to the project during the design phase. In contrast, the DBB method does not permit the City to use the contractor's expertise to help design the project. Although the DBB process, through the use of contractor prequalification, permits the City to make sure that only contractors who are minimally qualified bid on the project, it does not permit the City to select the most qualified contractor to perform this work. Evaluating contractor expertise on this project in the most beneficial way requires a CM/GC contracting process to maximize the project success and minimize unanticipated costs. The CM/GC process is critical in allowing the CM/GC to be intensely involved in the design, value engineering, schedule, risk-reduction, and overall successful completion of this Project. Finding: Procurement using the CM/GC method allows the City to evaluate the qualifications of the contractors seeking contract award, including an evaluation of their expertise. In contrast, the DBB method sets a minimum threshold for qualifications and does not permit the City to evaluate contractors based on their expertise. As a result, the CM/GC method is more likely to result in hiring the best contractor for the job. F & G. PUBLIC SAFETY AND REDUCTION OF RISKS As a public Project, it is important to build the Project with safety foremost in the contractor's approach to ensure safe working conditions for the contractor, neighbors, and members of the public who could be affected by the Project. The CM/GC method enables the selected CM/GC to provide input during the design process including establishing a safety plan and a coordinated construction phasing plan. This process is more likely than the DBB method to result in early implementation of health and safety measures to protect City staff, construction workers, and the public City of Tigard Findings Universal Plaza Park Page 10 throughout the Project. The CM/GC method will allow the City the best opportunity to provide additional weight in the selection process to proposers with successful safety records. It also enables the selected CM/GC to establish a transportation plan and to consider their means and methods through the lens of safety. The DBB method, in contrast, may not result in the selection of the most qualified contractor. See Paragraph C, Public Benefits, for more discussion of the process. In the traditional DBB method, there is little allowance for change during construction, and the City assumes the risk for schedule delays, unanticipated costs, and claims. The CM/GC method allows the CM/GC to provide input during design which transfers some risk (e.g., cost, schedule, safety, and constructability) to the CM/GC. Early input into the design allows the CM/GC to begin planning the construction schedule and cost estimates, and begin early identification of risks to the schedule, cost, and operations. This process allows the CM/GC to advise on these risks and develop mitigation options that reduce the risk of construction delays and unanticipated costs to the City. Finding: The CM/GC method allows safety, cost, and schedule performance on similar projects to be considered as selection criteria. It also permits the City to work closely with the CM/GC during the design phase of the Project to identify and mitigate safety concerns and risks to schedule, cost, and operations. In contrast, the DBB method does not permit the City to discuss these issues with a contractor until after the design is completed and does not permit the close interaction with the contractor to better understand the project and the City's concerns. H. FUNDING SOURCES The total cost for the CM/GC contract is estimated at $3,550,000 and includes pre- construction and construction services. The total project cost includes a contingency which is a percentage of Project costs above the stated amount that the Project may exceed. As the Project design progresses from early to later design stages, the confidence rating goes up (improves) and the contingency percentage may go down. This means that, as the design progresses, the estimation of how much the Project will cost may vary from the budgeted amount, and in theory, may be reduced. Maximum construction contract amounts within the fixed budget will be negotiated with the selected CM/GC. The CM/GC method permits more financial certainty where the DBB method does not present the same degree of reassurance. Finding: The Project is funded using City of Tigard TIF District and Park System Development Charges (SDC) Funds. The Project is funded in the current fiscal year budget and is expected to be included in the fiscal year budgets through 2027. While funding does not change based on use of the CM/GC method, the Project budget is likely to be more stable because of that process and it is less likely that there will be City of Tigard Findings Universal Plaza Park Page 11 Project overruns. In comparison to the DBB method, the CM/GC method will provide a maximum contract amount earlier in the design process and is less likely to cause budget overruns. The DBB method sometimes has project overruns which require finding additional sources of funds. I. MARKET CONDITIONS A CM/GC method of procurement would reach the same or greater market of construction contractors as the DBB method. The Request for Proposals (RFP) for specialized skills, size of the Project, and major components of work necessary for the Project could reach the regional and state marketplace. Competitive contracting to this market will be obtained during the solicitation for qualifications and proposals. Utilizing the CM/GC method of procurement ensures that the Project design and construction sequencing will employ all market innovations in means and methods. A CM/GC would be selected using the City's alternative procurement process that evaluates qualifications and proposals to ensure the best combination of technical expertise at a cost-effective price. The CM/GC method has the added benefit of allowing the selected CM/GC to solicit competitive bids for various aspects of work (equipment, labor, etc.) as the work is ready to go out to bid and coordinate construction activities among all resources to minimize construction risks and delays. The CM/GC will be able to prepare material and equipment submittals early and issue purchase orders to suppliers and vendors during design for timely delivery. This would also provide increased opportunity to identify and reach out to qualified Disadvantaged, Minority, Women, Service-Disabled, and Emerging Small Businesses (D/M/W/SV/ESB) that may otherwise not have an opportunity to participate in the Project. Because the City will be advertising for a CM/GC, a CM/GC method will reach the same or greater number of contractors as the DBB method. Therefore, the City can take advantage of market conditions that promote competition. The CM/GC method provides the best assurance that the most qualified and most cost-effective subcontractors, suppliers, and vendors would be available to meet the schedule at a competitive cost. The City will issue an RFP for a CM/GC contract for this Project in accordance with procedures that will attract competition for this contract from qualified contractors in the construction community. The RFP will be advertised in the Daily Journal of Commerce and will be posted on the City's website. Potential contractors will submit proposals. A Selection Committee, consisting of personnel from the City, will evaluate the proposals and will select a contractor based on the highest-scoring proposal and subsequent interviews, if necessary. The selection process will be completed under the supervision of the City's Contracts & Purchasing Office. The evaluation process will be based on predefined criteria such as comparable experience of the company and individuals assigned to the project, the proposed CM/GC profit, overhead, and insurance rates to be applied to construction City of Tigard Findings Universal Plaza Park Page 12 costs, equity contracting, project approach and understanding, and safety. Subcontracted portions of the work will be contracted by the CM/GC. The CM/GC method will not limit competition or encourage favoritism in the selection process when compared to the standard DBB method. The RFP will also include D/M/W/SV/ESB outreach considerations. Finding: The CM/GC method uses a competitive selection process with qualifications being one of the criteria. This selection does not significantly change the pool of contractors qualified to bid on the Project, but does allow the City to select the most qualified contractor for the Project. The CM/GC procurement process can start earlier, taking advantage of the current economic market. In contrast, the DBB method does not permit the contractor to get an early start on the Project. The CM/GC selection process and hiring of subcontractors uses competitive procurement. Selection of a CM/GC does not limit competition or encourage favoritism in the selection process. J. TECHNICAL COMPLEXITY This is a technically complex Project because of the aggressive schedule, specialized water feature, and requirements with adjacency to Fanno Creek. The CM/GC method allows the City to acquire a highly qualified contractor. As a result, it is more likely that the CM/GC can resolve the technical complexities of the Project more efficiently, in part because of its qualifications and in part because it will have additional time to evaluate solutions for handling problems during the design and construction process. The CM/GC method will allow the CM/GC to proactively be involved in design to help develop construction approaches and methods to place the Project into operation successfully. This early involvement in the design will allow the Project team and the CM/GC to actively work together to find solutions to complete this Project while maintaining existing operations. Such involvement in the design stage would not be possible using the traditional DBB method. The Project requires establishment of a construction coordination plan (two other projects adjacent to the site are projected to be under construction at the same time) construction management plan, erosion and stormwater control plan, traffic control plan, and a health and safety plan. Some of these plans will require close coordination with the public, other City Departments, and permitting agencies. This can be a time- consuming process. The CM/GC method allows the CM/GC additional time during the preconstruction services phase of the contract for this planning and permitting process, thus making it more likely that the Project can be completed on schedule. The CM/GC would be responsible for supplying and coordinating the various subcontractors to complete the work. This project requires that the construction contractor understand and be able to manage all aspects of work. A qualified and informed contractor is imperative to managing these elements. The CM/GC method allows selection of the most qualified contractor to function as a partner in the design City of Tigard Findings Universal Plaza Park Page 13 and construction process, rather than requiring the City to accept the contractor that submits the lowest responsive bid. The conventional DBB method, based strictly on the initial price, does not guarantee hiring the contractor best able to handle the technical complexity of the project. Hiring a DBB contractor based strictly on submittal of the lowest bid may well cause the City additional short-term and long-term costs and risks. See Section V.B, Operational, Budget, and Financial Requirements and Section V.E, Specialized Expertise Required, for more discussion of the process. Finding: The CM/GC method ensures hiring a contractor with technical expertise to participate in the design and construction to identify and resolve technical issues effectively. The same reasons that support the finding regarding specialized expertise are applicable here and are incorporated by reference. K. CONSTRUCTION OF A NEW STRUCTURE AND INTEGRATION INTO AN EXISTING STRUCTURE The Project includes new construction that must integrate and connect with existing facilities. A new restroom/kiosk building will be built requiring city connections. Further critical project elements include the impacts and integration of the flood plain along the west side of the site including Federal Emergency Management Agency (FEMA) mapping regulations and difficult stormwater connections. Coordination is expected on treatment and hydromodification requirements. The CM/GC method will allow the CM/GC to inform the final design with respect to site and operational constraints during construction and allow early coordination of connections to existing facilities. Finding: The Project includes new construction and connection to existing structures. Integration of new and existing structures will require close coordination between the City and the CM/GC during design and construction. In contrast, the DBB method does not permit the City to discuss and coordinate integration risks and constraints with the contractor until after the design is completed. L. OCCUPANCY DURING CONSTRUCTION The Project will not require occupancy by the public during construction, but adjacent properties and buildings will need to remain fully operational and occupied during all phases of construction. The CM/GC method will allow the CM/GC to work with the project team to understand access, noise, and debris removal challenges and constraints that may impact construction. Finding: The CM/GC will be able to develop a thoughtful and comprehensive construction schedule that accommodates access, noise and debris removal constraints and minimizes conflicts between construction activities and operation of adjacent properties. In contrast, the DBB method does not permit the City to discuss and City of Tigard Findings Universal Plaza Park Page 14 coordinate constraints with the contractor until after the design is completed. M. PHASING OF THE PROJECT The CM/GC will be added to the design team between the 30% and 60% design phases. Adding the CM/GC at this design stage will allow the CM/GC to provide early input on construction phasing, construction staging areas and access corridors, and connections to existing facilities. The CM/GC method may also allow the CM/GC to begin construction on early work packages while the design is being finalized. Completion of early work packages will allow any unforeseen conditions to be coordinated and addressed efficiently during ongoing design. Finding: The CM/GC method will allow more flexibility for unforeseen conditions to be incorporated into the design with the least cost and schedule impacts. In contrast, the DBB method does not permit contractor to begin any construction work until after the design is completed, resulting in potentially costly change orders or disputes that may impact the schedule or budget. N. EXPERTISE AND EXPERIENCE OF THE CITY'S CONSULTANTS AND LEGAL COUNSEL IN ALTERNATIVE CONTRACTING METHODS City personnel and their consultants have the expertise and experience necessary to effectively implement the CM/GC contracting method and to negotiate, administer, and enforce the terms of the resultant construction contract for the Project. Finding: The City has no recent experience with CM/CG contracting and also has limited resources to manage this complex project. The City has retained Shiels Obletz Johnsen to provide assistance as an Owners Representative with experience in alternative delivery. Legal assistance will be provided the City Attorney or by an independent legal firm with the appropriate expertise as needed. IV. CONCLUSION The City of Tigard meets the requirements for allowing an exemption to the competitive bidding process as identified in ORS 279C.335(2). Use of CM/GC alternative procurement process for the Tigard Universal Plaza Park allows: ■ Evaluation of total Project costs based on a Project design that was value engineered by the CM/GC; ■ Guarantee of the maximum price at final design, absent changes in the scope of work; ■ Access to technical expertise in planning for sequencing construction phases during design; ■ Taking advantage of the CM/GC's knowledge and experience in assessing constructability and developing cost effective designs; City of Tigard Findings Universal Plaza Park Page 15 ■ Experienced management of multiple technical subcontractors; ■ Team-building and partnering with City project management staff and the design team; ■ Early procurement of long lead materials and equipment; ■ Coordinated responsibility for worker safety; ■ CM/GC assumption of some risk (e.g., cost, schedule, safety, maintaining service, quality and constructability); ■ Reduction of risk of construction delays and unanticipated costs for the City; ■ Accelerated schedule with early solicitation of subcontract bid packages and early construction concurrent with final design; ■ CM/GCs with experience constructing and commissioning similar projects; and ■ Selection of a CM/GC based on qualifications. City of Tigard Findings Universal Plaza Park Page 16 ....* _ ., -.. 1.• _ ' I - • . ' : -...•••,. -• -... r : ' . • 'r•10ei•'- • 1:• .." '.- b. . - '`..... • •-.4:;:" ' • ..ili - ' *' - •:- %.;.-. .1.':,. , ... _, ..r... 7 .. .. , -.4 ... '''1 4 ...•. ..,... , . .. ... r- 1,,.•7 . ... • • rj,o,, .....f. . 4. ..• 11... 7 ..?.I.. . ...7.4:' .'-.L. ....k.,:-.. '':',...Pr-.;:',0:•"'-'-, T . .....•. .. •-"r'''-.. '. - _,,.-- _. - ..'.•----- •'''''''''.............. .. ."' •.• 446.1*.;7!LX0,. ,,.. Vif•-.-'•.'-ir''- • —sr c_ • 0 .- .,. 4,- J. ' •. . N..",. ,-4. .- ..,. ...... ..3.0. rie •.•,,,.. .... • L_ * '•91"'..,g 0.-- - id., • 4,„..4 . ,.....F.,;i-:N.; •-- 4.,,., . li 4 .. .... -.= .. .. .... _ . _• -• N. .. "f -..'7 . . t.'•4.1.• ..A•4 . . - . :. ' ).. ... 4 • 4 ....''''..t.' • ,r. "--,...7 le...',..r--' •-•MIL. M6W6 Tr-. '• ', ',.. 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' ,• . 6:1..... - ' ..5 l -1 '' 'I 1 . .4 1 . I !.. it .. ,.....i. ..., , ..._ ., _ . , .t.L —.-0,-.... . 1 _ • 4-•'•Affe•% .. . VII= k • .nni,• -- M4:i ... i if i •; . ...;..''...-;.... f.' :7'f.•••: ...7.-t01: . . ' 1 — VI . t -Z 0111.1. 1!. - - • . U....L..7' ....11..-.. - • • • ,.. ar, . ....... 1. - . ` • i - • -- .•A . . . '•••• ,. . .. . ---'1.2- ..._---,=.._ nier ; ... il .,. ..i- -..- -- -____ . - ._ - . . -- t!..+, . . -.= ,- • '......4:P:SO4...r... .,...,....i....0,f.....-.. _ J. ,. —.... ____• . .._ .._. - ......--- . PROPOSED EXEMPTION FROM UNIVERSAL PLAZA COMPETITIVE PROCESS April 6, 2021 Review of Findings BACKGROUND : a ..”.L.,. J ;. R t ` A : ' l - .•-' it ' ' -- - '1t 11YrY�,E.-V:'ff,..,.e 1. Under Oregon law, all public improvement :. - ... projects must be procured by a , r: - -- • _ _ �. ; � te, • competitive low bid method, unless an I klt ,i ;.' f-• exemption is granted by the Local _ "� Contract Review Board (LCRB) for public - ,.., . •._ _ LWI_ .. .y....-,;, �: -: - agencies other than the State. _J °` . i. 2. To obtain an exemption, the Tigard City - it I Council, acting as the LCRB, must approve w.- 11 two findings submitted by the City staff: ....:-,;7:. . ' • It is unlikely that the exemption will :'r " : k; encourage favoritism in the awarding of - _ `- �' - -+ Y= ;:• ra > ; 7 ,yam. ., •I public improvement contracts or .- :., :: Av ` • �. substantially diminish competition for the • =* z:; '' . '5 ;.?.s' .4k> }W- -.�'{• ".. public improvement, and, •-.-�' :... r , - ,- •:::-7:-‘,.'•...' .�. _� x ' r i- -.21 ; >;.r.t F • The awarding of the public improvement - { -. rt i i•....ck Fa' =:Y,Tf11 y . ., ` + contract under the exemption will likely ` JO lir tri . 4 ` ' ' • ``� result in substantial cost savings for the City , • 7'. , ,.. + 4 + ' s. ., of Tigard ("City"). • .9' =' ti Y ' i L4• 1 Design-Bid-Build Project Delivery Owner/ Owner's Rep A/E Design Professionals Planning 'I Cost Estimator Design Bidding General $ Contract Sum Committed Contractor Subcontractors Construction CM/GC Project Delivery Owner / Owner's Rep A/E D- Professional Planning onsultan Design $ GMP Cost Estimate $ GMP Cost Estimate I Bidding Subcontractors $ GMP Committed Construction Key Characteristics Design-Bid-Build Construction Manager/General Contractor (CM/GC) Design complete before contractor is hired Contractor hired during design process Contractor selected based on cost Contractor selected based on qualifications Cost estimates by cost estimator Cost estimates by construction contractor Subcontractors/trades selected through Subcontractors/trades selected through competitive bidding competitive bidding BASIS FOR FINDINGS A "finding" means a justification that includes information regarding: 1. How many persons are available to bid; 9. Technical complexity; 2. Operational, budget, and financial data; 10. Whether the public improvement involves 3. Public benefits; new construction or renovates or remodels an existing structure; 4. Value engineering; 11. Occupancy during construction; 5. Specialized expertise required; 12. Phasing of the Project; and 6. Public safety and reduction of risks; 13. Expertise and experience of the City's 7. Funding sources; consultants and legal counsel in alternative contracting methods. 8. Market conditions; THE PROJECT • . t:kh : ' ,. _ -r. Mit.-..... :'- yam.4 �,+,.a. :K+3+ .•i. ;.R. r_ '4' i p,+j_. .may ^ ,.,'yG'T -`� UNIVERSAL PLAZA ~-Y 4 . —limner 11YrYff,... — r" � '�� - g. • .. • Large public plaza in Downtown Tigard _ �� LYr� y1 • a • Hub of activity, a stimulus for downtown's t - #� ' :� . y h , continued redevelopment, and an emblemi. of civic pride and identity for Tigard - SIF L 11\ r• residents. - -- L .... • �r ..„....... - - - .4, .„ • Includes a state-of-the art water feature as w:'kh i•...._ ' F —� y, � ._ , 1 ,• the central focus of the site experience and ~: . .L . ' . ..c. � f constitutes one-third of the construction " . , t; . : . � � - ' '"k L-.. .'x..31• . budget. . ; .; .. . _ C''''; ? ,` s. -:, ..- ..K# L.-v '•�° ..5 • 9 r .-.-..A. '7...i41+r. • r. it : .7. .- , .�. • 'i'tom'• - '. 5'.. 'x 5 , , + }� y • , a 4. 'i5"4'A ort..s r '1{ ' .'$ .. ..1 t 4 + { 1 1 % .- e • • .•IL * ,; x L4, ' A ff • PROPOSED ALTERNATIVE. � ::_ • •� : #v! s�RF —•-0.14....._ h.�F r : _ 1Yrr •!. ...• f„.... = • f,.-` 4CONSTRUCTION MANAGER/ ityGT _ ...„........,-v,f... _ { GENERAL CONTRACTORCM GC • .F.f - ..''..„ } - • ' • . . •.. - r , L am. I 11 rs i .:. -•••%, 1 • Key features: .._.i. .-... . � .' .':r° '_ • Engages the construction contractor (the ' `r •: .r,._ �° °- '_� "CM/GC") during the design process. 4.4 " • This enables the contractor to advise the ''` Owner on revisions during design, when =. changes are less expensive.' ... • This facilitates efficiency, cost savings, . . ` : ,'' smoother project execution. . , ;; ',; '. ,- _ •-ter . : . "AK ' max,• v, r ,f 7 7'tom '. ,r, - } y aJ i�' I 1 �• r �i• �'� � 1 aA r • • .. i 4.,” `y t s. 4 1 3 2. ..2!' y .F. 1 1 '1.• •- e �. •ll * • • ' ` L4 ' A *ham . • SUMMARY OF FINDINGS : " .: _., . •.:�y R t°` � k :I. - ••-' •it - '1t J-- - . - 11'y Ct Yf f,... The CM/GC procurement method will: • ;"f ' , - _ - • : - - • - :� =`�'- .� • Foster competition ..:.,.,014.•-�� • . A ' • .' .— �f�• - L. moi • Produce cost savings -''� ,J_ ± • Increase budget stability and certainty, • 'h = ..•.* "r: reduce financial risk to the City and the44 • t . -, :-.�y` h Contractor • _ • • Ensure selection of a highly-qualified contractor with specialized expertise - . _ • 11k "° .4= ,� i 4 • Minimize public impacts during .. "i3..•+Y,,_.-j, _'� ;.. • - r .,,, construction ...' _ _ w.. ,` .. .* . _ : 1;, •s 4.' - ' .4.'f,7` �SYr ' '' " ';: •1 -e • Allow safety cost, and schedule A:v��-. 4 '-'. performance as criteria 'x*; z, .._.r .�:.,. ,,, }w• � ' "-' ' :" • Enable effective planning for access, noise, .r ..,�, = _ '� '}." debris removal, coordination with adjacent • + - .. -'art ,.�• •-` ' , •. '� ` a { properties , . - #� . ,.L� �_• � . • • Enable unforeseen issues to be addressed L, V ' "' F *F• ,.earlier and less expensively . . * • , w • i L4, ' A AIS-4594 5. Business Meeting One Meeting Date: 04/06/2021 Length (in minutes): 30 Minutes Agenda Title: Receive Alongside Senior Housing Project Plan Update Submitted By: Sean Farrelly, Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE The Disposition and Development Agreement ("DDA") with Northwest Housing Alternatives provides for a council update and informal review of the Senior Housing Alongside Senior Center Project Plan. STAFF RECOMMENDATION / ACTION REQUEST Council is requested to review the Housing Alongside the Senior Center Project Plan and provide comment, if any. KEY FACTS AND INFORMATION SUMMARY On November 10, 2020, the Tigard City Council authorized the City Manager to execute a DDA between Northwest Housing Alternatives ("NHA") and the City of Tigard. The planned project is a four-story building with 57 one-bedroom units, including a full-time manager's unit, located on a leased portion of the Tigard Senior Center site. The income restricted apartments will provide much needed housing to seniors (62 and older), including seniors getting by on Supplemental Security Income or Social Security Disability (often less than $16,000 per year). Additionally, the project will prioritize housing for veterans and seniors with disabilities. In September 2020, Washington County awarded $6,270,000 in Metro Housing Bond funds to the project. Project Based Vouchers were also awarded, ensuring that tenants in 23 units will pay no more than 30 percent of their income on rent. Together these awards allow for rents to be reduced to better serve the local senior community. NHA is in the process of obtaining additional financing to complete the project. The project is currently in the second stage of design. The Schematic Design phase is used to develop a plan of action regarding how a building will look, based on the budget and specific design requirements. The development team has started the land use process, attending a pre-application conference and holding the required neighborhood meeting on February 25, 2021. The main concerns expressed at the meeting were about parking, particularly the possibility of resident and visitor overflow parking on Chelsea Loop. Tigard land use planners will review the project application for conformance with Tigard's Development Code. Community Engagement Events In fall 2019, a project Advisory Committee was established to create guiding principles and document opportunities and challenges about the project. The committee consists of immediate neighbors, Senior Center patrons, Tigard Senior Center/Meals on Wheels staff, and members of the Town Center Advisory Commission. Former councilor Tom Anderson was a member. The committee continues to meet regularly as the project progresses, most recently on March 3, 2021. Over the past 18 months, the Housing Alongside the Senior Center project has held 20 community engagement events - including Advisory Committee meetings, City Council and Town Center Advisory Commission presentations and Community Conversations. The Development Agreement includes a provision for City Staff and Developer to present the Project Plan to the City Council, after a public open house has been held. The project has been responsive to public input since its conception. This input has resulted in beneficial changes to the design and site plan of the project including: Building site and size. The building was reviewed in multiple locations on the property, and ultimately was located in a position that follows the hillside alongside the Senior Center. This reduced the building's perceived size, allowing it to fit into the neighborhood character. The final location also allows for a common entry court with the Senior Center, and flat areas of the site that can be maximized for a revised and increased parking opportunity. Apartment homes need to be fully accessible to people of all abilities. Every housing unit will be designed to be fully American with Disabilities Act (ADA) accessible and utilize "Universal Design" principals. In this way, seniors can age in place for the longest period possible and be secure that their home will adapt with them. Rooftop and patio vantage points that residents can enjoy while retaining neighbors' privacy. The building design allows for pleasant views of Fanno Creek from all the units. Additionally, a rooftop amenity space has been recommended and is being reviewed. Any amenity will be configured to limit sight lines to neighboring properties through the use of screens and plantings. Parking and Security Concerns Current site plans show 79 parking spaces, an increase of 31 spaces from the existing lot. It will be reconfigured for safety, maneuverability and pedestrian movement. Additionally, security cameras and lighting will create a space that will feel safe, welcoming and active during the day and evening activities. Public Access to Fanno Creek As part of the development, a fully accessible, new pedestrian path from O'Mara Street to the Fanno Creek Trail will be constructed that will enhance pedestrian safety and security. Upcoming timeline: Fall 2020-Spring 2021: •Project Design and land use review •Public input and advisory meetings and Detail Design and Site Plan Work. Summer— Fall 2021: •Parking management plan, easement agreements, and agreement on landscaping/parking lot maintenance. •Secure Construction and Permanent Financing. •Apply for Building Permits February 2022: • Commence Construction Spring 2023: •Lease to Seniors. OTHER ALTERNATIVES Council can elect to support the project plan without comment. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Tigard City Council Goals 2019-21 Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality. Strategy 2.2 Continue to make Downtown Tigard a place people want to be by making substantial progress on projects that attract new residential and business investment. Cultivate more relationships with future developers that share our multigenerational transit-oriented development vision. Goal 3: Ensure Tigard grows and develops in a smart and inclusive manner. Strategy 3.2: Complete an Affordable Housing Plan and adopt recommended strategies to promote the development and retention of affordable housing in Tigard. Increase advocacy at the regional level for housing that is affordable, funding strategies, and consider an excise tax. Tigard Comprehensive Plan Housing Goal 10.1: Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Special Planning Areas- Downtown Goal 15.2: Facilitate the development of an urban village. Policy 6: New housing in the downtown shall provide for a range of housing types, including ownership, workforce, and affordable housing in a high-quality living environment. Tigard Strategic Plan 2020-2025 Strategic Priority 3: Ensure development and growth support the vision. Objective 3.1: Pursue land development that maximizes public health benefits while increasing connection between people and community destinations. Objective 3.2: Focus development-associated resources in parts of the city that have the capacity to serve, house, employ, and attract the most people with the least impact on Tigard's natural systems and the climate. Objective 3.3: Understand the effects of development on vulnerable Tigard residents and mitigate these impacts within projects and over time. Objective 3.4: Proactively intervene as necessary to meet the housing needs of all community members. City Center Urban Renewal Plan Goal # 5: Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation, recreation and open space investments. DATES OF PREVIOUS COUNCIL CONSIDERATION November 10,2020- Council approval of a Disposition and Development Agreement with Northwest Housing Alternatives October 13, 2020- Executive Session July 14, 2020- Council received an update on Senior Housing Alongside the Tigard Senior Center Project February 4, 2020 - Council received an update on the Senior Center Affordable Housing Project October 8, 2019 - Council considered an agreement with Northwest Housing Alternatives August 13, 2019 - Council received an update on Senior Center Affordable Housing Project June 4, 2019 - Council received a briefing on the Senior Center Affordable Senior Housing Project Attachments No file(s) attached. SENIOR HOUSING Alongside The Tigard Senior Center VirlSoht, 0 Tiga rd N : - . '"` .,iii; Senior 111 ■ HOUSin p•illi!! t - . i �_ I 1 I„ ,�* -- ire - - r° - } 1 I I 1 I Tit. i.1\ - 's t` rv: k —_ i - -- .,,,-. ..,„ -.7, . 4 p i ,. • .. _� y — t°' II i Benefits of the Project *Close to the Tigard Public Library, walkable downtown core and adjacent to Fanno Creek Park and trail. Offers the opportunity for collaboration and support for existing Senior Center and Meals on Wheels services *City is contributing its property at no cost, allowing the new apartments to rent for less, helping to address the affordable housing crisis *Offers seniors an opportunity to age in place and continue to live in their community •Furthers the City's commitment to equitable outcomes and helps redress past inequitable housing policies November 10, 2020 City Council authorized signing the Disposition and Development Agreement (DDA) t N rl ' • N O N � ca 5: -C 2, •— N CD i in ;c2 as 2 t c .0 c 13 c a C •o E •O s � a = maJ m 4U CL) (1) 0 E ) a "0 0 0 ab):0C = a-- 0. ca . _ � _ v, sCU CI cu >i a .47n; 0 C ttO m •a) > .N toE GJ J i > •c O s o o a) N = cn o cc u c U O i I . = 4U = aJ al wi O 0 •v, a) 0 O a) -o aa: 0 •- 0 0 • .�+ • • 0. gc • C = a) •4-1 r: 0 C a a E N ( ) ca ._ .cn E E . •- a) O o a) 41; co :: Northwest NHA Corn m u n i ty Outreach rcri Housing Alternatives September 19, 2019: October 14,2019: October 28,2019: November 18, 2019: December 16, 2019: Community Advisory Community Advisory Community Advisory Community Advisory Community Advisory Meeting Meeting Meeting Architect Meeting Architectural Meeting General Interviews Concept Charette Contractor Interviews January 13, 2020: February 4, 2020: February 6, 2020: February 25, 2020: June 25, 2020: Community Advisory NHA Project Update to Community Advisory NHA Project Update to AARP, NHA and City of Meeting Tigard City Council Tour of NHA Senior Tigard Hosted an Online Tigard Senior Center Properties Housing Panel July 8, 2020: July 14, 2020: Setember 9 2020: November 10, 2020: NHA On-Site Meeting NHA Project Update to (�, October 8, 2020: NHA Project Update to with Neighbors Tigard City Council Commission Update NHA Open House Tigard City Council November 11, 2020: November 17, 2020: February 25, 2021: March 3, 2021: April 6, 2021: Resident Advisory Community Advisory Neighborhood Meeting Community Advisory NHA Project Update to Council Meeting Land Use Application Meeting Tigard City Council er "a / •_._.._.._....--" -----;----•"7/ / ,,,-11 ---1.----- `-------�i— ____________----___.---"/W//j .. 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' mild IIN \k, :DIANN --, < AO Old , Pi . -. ,A, • 1 - ,,,' - *-- - r ‘rt 41 e. 51-'° oill 'II OFF- • -y .1 '.`zr *,.-1 . - .-.1 _3 il. lt . .,ii et _ _ 1 ,,,,v.. 7.i.. . 1 de/ - � s, f3 „,,. �� Qg ►tee — _ 00 ' _ ,,,.. ...... i ' - f 1, L i i Attwell Off Main A artments mii Precedents of Building Materials and Forms in Multifamily Housing in Tigard • 1, 1 , 1 , k6 I -::"79'4'mf ",',1.,....1'44''m'ml,,''11, i'li::":_.17-- , ill ,,. Iii 41'' . :111111 • • . • 1 1- '''. • It;,..' 4 ,,.,. 1:, .i.i.. , i. ' • ' . 44. OF 1 I ) ' I II :' .• , . • 40 I 6 .• ._ . ----._ , I if -. • . . _ I _ .,...- N11 ....., , II I 1 [ 1 1i 1 ••_ I - 1 i ... • ..,.. . ., Mk_ i „ ,.... , - .., i•:-...-- , : ,., ,” ., 1 $,..iiir: <, .. ,_.,,,,.:.., ,wq, ..., : .0.. I 74 `,' ''7,r,rai . . ........ ,: ,,„: , ,. • • ..., t,, •••••,' , ;, i if', , ,• . 1p 1 . At. ... .. .. ,..., _ tr ,,,..,k- , ...,„ ,,;. !. 1, '‘,f,. .,0,. ,. ....t. . 1 . , ,„;,- -, 4 , ,. :,.,.,..... ii4 it ,/_,4, ,. . ( i • . -,:, • ' • , , „, 4 . ,, SENIOR HOUSING Alongside The Tigard Senior Center IIII --111 .11111:1- -•': i ,L6 41 4 ` • 4 10 1 1 , 4 ...._ ririv. 41 ii. TI . s , . . r ,qr - 1,... - • i 1 illiall -;4'4 I !" 7::"4 IP . IIIII ' 1 .. ..e =•_.,, t • Oilk' .111 ' 0.7..."-t• <if,... 41 ,1 MI : —* 'e• ,'ke, , .• 111.1r !II MIN 11 1V111V:1 , 1 'I. ' ' I, ri, oln .,,,, 4 hA.5 , .' ll•-:va. --- I ISL_V=" '• II , 74 y . - ,-,!‘ • --.. .-- _.-- - -... 1•1=.... - .... -- - -7S _ --•-....---- _ --- 21111111"111C Tigard Senior Housing ___ AIS-4607 6. Business Meeting One Meeting Date: 04/06/2021 Length (in minutes): 25 Minutes Agenda Title: Discussion on filling a Public Safety Advisory Board Vacancy Prepared For: Eduardo Ramos, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Update, Discussion, Direct Staff Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE The Public Safety Advisory Board (PSAB) has a vacancy for a community representative, voting member. The Council action tonight is to fill that vacancy. The candidates for Council to consider were selected based on the community caucus and Council discussion during the original selection of Board members. STAFF RECOMMENDATION / ACTION REQUEST Discuss candidates and select a new PSAB voting member. KEY FACTS AND INFORMATION SUMMARY The community members in consideration to fill the PSAB vacancy were drawn from the original pool of candidates. City team members reviewed the results of the community caucus and Council's conversation on October 27, 2020 during the selection of the original board members. This process was followed to reflect the community-led focus of this Board. Council should consider how they would like to fill future vacancies. Council Discussion 10/27/2020: https://voutu.be/fDvH-rO7bYw?t=904 Thirty-eight community members applied to serve on the board during the founding phase. The virtual community caucus was held to decide on the final 16 candidates. Of the final 16 candidates, 2 candidates withdrew from consideration due to the time commitment and another candidate did not submit the requested supplemental materials. City team members contacted all seven of the original Top 16 who were not appointed, including those who withdrew and did not submit supplemental materials in case their situation changed. City team members verified interest and residency. Two community members met the residency requirement and expressed interest: - Shaun Stuhldryer (Mentioned at Oct. 27, 2020 meeting) - Nick Jarmer (Mentioned at Oct. 27, 2020 meeting) One community member does not meet the residency requirement, but expressed interest: -Justus Rogers (Mentioned at Oct. 27, 2020 meeting) One community member is no longer able to serve due to work responsibilities, but remains interested: - Sally Gradin Three community members who were contacted had not replied as of March 29, 2021: -Brad Dorsey -David Raines -Astor Chambers (Mentioned at Oct. 27, 2020 meeting) Applicants were not asked additional questions. Their answers to the original questions are found in the attachments. Those questions were: •Describe the diverse community groups in Tigard you are best able to represent on the Public Safety Advisory Board. Why do you feel you are qualified to represent each of the groups. How would you keep these various groups informed about the work and progress of the Public Safety Advisory Board? •Describe an experience when you worked collaboratively with people of diverse perspectives and experiences to achieve a common goal. Was the goal achieved? What went well and why? What would you have done differently if you could start the work over again and why? •Beginning in May 2020, demonstrations over the police killing of George Floyd have been held in Portland. Most of the protests have been peaceful, but some have involved arson, looting, vandalism, and injuries. From your perspective, how should the City of Portland, State of Oregon, and federal government have responded to the protests? At a minimum, please cover public safety, free speech, and private property rights. Originally, six Tigard residents from the community at-large, with preference to those that can best represent the BIPOC, LGBTQIA+, and faith communities in Tigard were appointed to the PSAB. Of the current alternates, one is not a Tigard resident and the other has volunteered to take a leave of absence pending the District Attorney's investigation into the officer-involved shooting. Council could move either of these individuals to voting status, depending on how Council wishes to address the residency requirement. The City Council approved the PSAB Work Plan and Topic Schedule on March 23, 2021. The new voting member will join as the Board begins its work. OTHER ALTERNATIVES Alternative I*: Appoint one of the two alternates to be a voting member (may require additional clarification on residency requirement). * Of the current alternates, one is not a Tigard resident and the other has volunteered to take a leave of absence pending the District Attorney's investigation into the officer-involved shooting. Council could move either of these individuals to voting status, depending on how Council wishes to address the residency requirement. Alternative 2: Appoint a new voting member from this list of candidates. Alternative 3: Offer guidance on filling the PSAB vacancy and consider at a later meeting. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Strategic Priority 1, Objective 1.4, Action A: Intentionally create an environment that fosters participation from all members of our community. Strategy 4.4: Promote an inclusive, open-minded, and progressive community. Implement initiatives to improve city services and participation that captures the diversity of the community and improves equity and inclusion DATES OF PREVIOUS COUNCIL CONSIDERATION 10/27/20: Council appointed PSAB members. Attachments Shaun Stuhldrver Nick -farmer Justus Rogers Video Applications PUBLIC SAFETY ADVISORY BOARD Community Caucus:26 Votes(16th) Shaun Stuhldryer In 500 words or less,describe the personal or professional experiences that make you qualified to serve on the Advisory Board. My personal experiences: 1. I come from a blended family and am a 3rd generation immigrant with a mix of Hispanic, native american and European roots. 2. One of my grandfathers was a sharecropper in the early 1900s the other was a Hispanic-American Indian who served for the 101st Airborne Division in the Korean Way and survived the Chosin Reservoir withdrawal. 3. My mother (who is half Hispanic / American Indian) is a hate crime survivor. 4. My father was a 2-tour Vietnam War veteran and survivor with acute PTSD untreated by the VA. 5. Both of my parents were unable to complete high school due to family hardships however later on finished their GED and after moving to Oregon went back to College as adults and successfully completed degrees. My mother and I actually received our Bachelor's degree at the same time. 6. My mother was a teen pregnancy (I came from that teen pregnancy). In my early childhood I was homeless for a period of time. 7. Despite these challenges, I was able to successfully navigate the public school system, served with honors in the United States Marine Corps and with the 1st Marine Division in Iraq in 2003 (removing dangerous and damaged ordinance in Karbala and Baghdad schools and neighborhoods), obtained a Master's Degree in Business Administration from Portland State University, now work for a Fortune 500 company and am a homeowner in Tigard, OR. 8. I have children in TTSD schools and am acutely aware of the issues they face with budget shortfalls and competing public policies. 9. I am supportive of the Tigard Police Department, their officers and any proposed changes to public policy that would reduce the number of police calls for services, recruit and retain qualified police officers, promote equity and inclusion in our community and foster community collaboration and sense of belonging for all Tigard residents. 10.1 spend my free time with my wife and children, volunteering in the community and enjoy hiking, skiing and the outdoors. My professional experiences: 1. My area of expertise includes institutional and commercial capital projects including planning, site acquisition, new development, occupied buildings & campuses, and historical renovations in a wide variety of regions including Oregon, Washington, California and Utah. 2. I began working in the construction industry 25 years ago as a carpenter's apprentice, then continued on as a carpenter while working through college. After graduating from Oregon State University with a Bachelor of Science in Construction Engineering Management, I worked in the heavy civil sector and then transitioned into building construction working for established Construction Manager / General Contractors in various roles as a project engineer, estimator, project manager, superintendent and construction manager while successfully completing over$400+ million in capital projects. TIGARD (continued) Shaun Stuhldryer Paget 3. I served in the United States Marine Corps and US Marine Corps Reserves as a non-commissioned officer, deploying to Guatemala in 1999 for Hurricane Mitch disaster relief and Iraq in 2003. I worked in the roles of squad leader, company level instructor/trainer, battalion liaison. I was honorably discharged and received the Presidential Unit Citation, Good Conduct Medal, National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Humanitarian Service Medal, Sea Service Deployment Ribbon and the Armed Forced Reserve Medal. 4. I am an MBA Graduate from Portland State University with a focus on leadership and sustainability, am accredited as a Certified Construction Manager (CCM), Project Management Professional (PMP), Leadership in Energy and Environmental Design (LEED) and OSHA 30. Describe the diverse community groups in Tigard you are best able to represent on the Public Safety Advisory Board. Why do you feel you are qualified to represent each of the groups.How would you keep these various groups informed about the work and progress of the Public Safety Advisory Board? I have a diverse group of friends, collogues and associates in the Tigard community and beyond. I would say that the demographics are across the board and include persons of color, 1st generation immigrants, 'white' people with longstanding community roots, persons who are LBGQT,veterans / non-veterans,working class people, professional class people, privileged / not-privileged, parents, students, people employed in law enforcement but also people with criminal histories that they have overcome, liberal/independent/conservative, people from traditional and non- traditional families. >From my perspective every person has a unique outlook based on their learned experiences and their unique background and 'life story. I personally can be included in many of these groups even groups that appear opposite at first glance. I believe I am qualified to represent all of these groups and not just the groups most similar to my own demographic. I would be able to keep various groups through a variety of means:text,virtual meeting, social media, group chat, presentation. I would look to the committees guidance and preferences on when feedback on particular subjects should be solicited and methods. Describe an experience when you worked collaboratively with people of diverse perspectives and experiences to achieve a common goaL Was the goal achieved?What went well and why?What would you have done differently if you could start the work over again and why? I have worked collaboratively with people of diverse perspectives and experiences to achieve a common goal for so many years, it would be hard to find an experience when I didn't do this. In college group projects, in the marine corps, in volunteer organizations, in business, in family. Some of the greatest breakthrough moments come when you work with a diverse group,you listen, reflect and collaborate on achieving the desired outcome. One example of an experience with a collaborative group with diverse perspectives was as a project manager for client in the planning, design and construction of a new elementary school.The design and construction team stakeholders included every traditionally defined demographic possible.This was a very professional group and each person brought a highly competent level of skill in their own area of professional expertise. Although the individuals in this group brought their own personal learned experiences,the most observable factors were the professional experiences in their area of expertise, differences in authority level and their expertise and knowledge of organization and partner agency policies. In terms of challenges we faced with people and diversity what comes to mind the most would probably be slight individual personality differences such as introvert/extrovert,communication style differences and learning style differences.These slight personality differences were easily identified, accommodations made and there were no adverse impacts.The project was a phenomenal success and the only thing I would do differently would be to make sure I had this diverse group on every project. (continued) Shaun Stuhldryer Page3 Beginning in May 2020,demonstrations over the police killing of George Floyd have been held in Portland.Most of the protests have been peaceful,but some have involved arson,looting, vandalism,and injuries.From your perspective,how should the City of Portland,State of Oregon,and federal government have responded to the protests? At a minimum,please cover public safety,free speech,and private property rights. Black Lives Matter. Period.The killing of George Floyd was a terrible human tragedy.The subsequent peaceful protests in Portland were a fundamental Civil Right, protected free speech and a noble cause. People have a right to express their emotions on this issue and similar issues. Some of the most memorable images I will always remember were when the police peacefully protested with the peaceful protesters. Unfortunately, not all protesters have been peaceful and at times it seemed that some protesters actually have a completely different agenda then of the protesters that were peacefully protesting the killing of George Floyd. In my opinion the arson, looting and vandalism serves to make systemic racism worse. Not only does it not address root cause problems, but it exacerbates them.A few examples, 1) Focusing on accusations of widespread police brutality even though statically,there are relatively few cases in the US where we have a population of 328,000,000 (in comparison the entire population of western Europe is 196,000,000) instead of the root cause of tragic police encounters which is a function of the large number of calls for service that police are responding to.You can argue how we got here, GMO food, rise in mental illness,drug addiction and human trafficking,wage stagnation,social/economic/political conditions, but the fact is they are a tremendous number of calls for service (in the hundreds of millions nation-wide driven by the community, not police enforcement of our civil and societal rules. 2)The City of Portland conditions from arson, looting and vandalism hurt the very people that they allege to be trying to help. People are less safe from person to person violence and assault both while out in public and in their own homes, police are less able to respond to the residents and community members that rely on them for public safety and it puts society at risk of declining from civil society to an environment of fear, retaliation, escalation, hopelessness, all of which if left unchecked can create a very difficult cycle to break. 3)The arson, looting and vandalism drives out small and large businesses and commerce which has a direct effect of defunding families, schools,social services.This puts a burden on the state government to support the people and communities who have lost income and results in the state and the community being less able to make schools better, make police better, keep the community safe, provide access to medical and mental health care and the list goes on. I felt that the City of Portland, State of Oregon and Federal Government could have done a better job of reminding communities and messaging to the communities across the country and here in Oregon not to judge an entire group by the actions of a few, not to'convict'an entire group of people in your mind until all of the facts were known,that deep and meaningful change comes about through a united people, not one of boarded up businesses and community buildings,that their voices are heard louder and are more meaningful through peaceful protests and on social media, not through violent behavior. I feel the City could have done a better job of messaging to the public that violent behavior would carry the same societal consequences as for someone acting alone and not part of the protest. I would have liked to see City of Portland officials sideline the looters,vandals and arsonists sooner in the process and for a longer time period and not let them hijack the peaceful protesters message and voice. SHAUN STUHLDRYER, MBA, LEED AP Portland, OR 97224 (503) 333-6838 shaunstuhldrver@gmail.com www.linkedin.com/in/shaunstuhldrver SUMMARY Accomplished consultant and capital project executive with a strong emphasis on communication,transparency and problem solving with clients,architects,project stakeholders and contractors.Successfully completed projects include new K-12,higher education,public institutional and private commercial construction,occupied buildings&campuses, historical renovations in Oregon,Washington,California and Utah with project size ranging from small projects to$80 million. SKILLS • Experienced project and program manager, managing multiple complex projects concurrently. • Able to execute project from high level initial planning phase through completion and closeout. • Experienced in solicitation, selection and administration of a variety of services including consultants, architects, engineers, general and specialty contractors. • Able to create and/or implement project management plan, milestone schedules, contracts, budget and forecasts,communications plan, risk management plan and other essential project and organizational tasks. • Able to present to large groups and diverse stakeholders using a variety of media. Experienced with presenting products and services for interview committees as well as present project updates to community groups and elected boards. • Experienced in a wide variety of project management, scheduling, financial and communication tools and software • Project Management Professional (PMP) PMI Certified • LEED Accredited Professional • OSHA 30 Certified • Certified Construction Manager(CCM) EDUCATION Portland State University—Master's Degree in Business Administration (MBA), March 2015 • Coursework in Managerial and Financial Accounting, Financial and Operations Management, Forecasting,Strategy, Information Systems, Business Organization,Innovative Product Development, Real Estate Development, Business Capstone Project Oregon State University— B.S. in Construction Engineering Management,June 2002 • Coursework in Construction Estimating, Contracts & Specifications, Managerial Accounting and Finance, Scheduling, Construction Management, and Operations Management EXPERIENCE CBRE I HEERY,, Portland, OR December 2016—Present Consultant/Senior Project Manager • Capital project management for institutional and commercial capital projects including real estate development, site acquisition, project planning, new development, occupied buildings & campuses and historical renovations. Manages multiple, complex projects concurrently and leads project team including professional consultants, architects, engineers and contractors. Communicates and reports on project schedule, budget/forecast and outcomes during all phases of the project to the organization and other stakeholders. SHAUN STUHLDRYER, MBA, LEED AP Portland, OR 97224 (503) 333-6838 shaunstuhldrver@gmail.com www.linkedin.com/in/shaunstuhldrver • Operational support for client administration in the areas of program management and program budget reporting;co-developer and co-author of project operations procedures,project and departmental procedure manuals and project performance specifications; orientation and training of new professional staff. Self Employed /Entrepreneur, Portland, OR March 2013—December 2016 Operations Manager/ Business Development • While attending graduate school at Portland State University I helped found startup companies in the areas of design/build construction management,interior design and consulting.Contributions included marketing and communications management;Consulting, planning and design; Establishing and implementing systems and procedures for company functions, and communication, organizational structure, design & construction, health and safety, accounting, personnel and building management. Emerick Construction Co. Portland, OR March 2012—March 2013 Project Manager/Construction Manager for public K-12 institutional construction projects and business development. • Establishing and building client relationships; construction management; operational management of schedule, project cost accounting, quality control, safety, project closeout; and preconstruction services including review of design documents,JHA permitting, value engineering, contract buyout and procurement. • Worked on complex occupied building renovation projects with challenging timeframes. LCG Pence Construction, LLC Portland, OR April 2008—January 2012 Project Manager/Construction Manager for multiple K-12 and Higher Education public institutional and commercial construction projects ranging from $350k to$42 million in size. • Operational management of construction projects including overall schedule, project cost accounting, quality control, safety and pre-construction services including estimating, budgeting, assembly and advertisement of bid packages, review of design documents,value engineering, permitting, contract buyout and procurement. Project management work also included owner and subcontractor negotiations, change management process, business development, proposal writing and presenting to owner interview teams. • Projects delivered using CM/GC, GMP, Design/Build and Lump Sum contracting methods. Robinson Construction Co. Hillsboro, OR April 2005—April 2008 Project Manager for public and private commercial construction projects ranging from $40k to $20 million in size. • Operational management of construction projects including overall schedule, project cost accounting, quality control, safety and pre-construction services including estimating, budgeting, assembly and advertisement of bid packages, review of design documents,value engineering, permitting, contract buyout and procurement. • Projects delivered using CM/GC, GMP and Lump Sum contracting methods. Carter&Company. Inc. Salem, OR September 2002-April 2005 Project Engineer for bridge construction projects. • Estimating, submittals, materials procurement, scheduling,job costing, project engineering,formwork SHAUN STUHLDRYER, MBA, LEED AP Portland, OR 97224 (503) 333-6838 shaunstuhldrver@gmail.com www.linkedin.com/in/shaunstuhldrver design, working with in-water requirements, false-work design and heavy equipment & crane capacity evaluation. United States Marine Corps and Marine Corps Reserve, Eugene, OR August 1997—October 2003 • Served in the United States Marine Corps and US Marine Corps Reserves as a noncommissioned officer, deploying to Guatemala in 1999 for Hurricane Mitch disaster relief and Iraq in 2003.Worked in the roles of squad leader, company level instructor/training, battalion liaison, honorably discharged. ACHIEVEMENTS • 400+ Million in Successfully completed construction projects • Over 65 capital projects completed • Eagle Scout Award, Columbia River Chapter Troop 258 • Marketing Achievement Award from LCG Pence • Completion of Dale Carnegie Communications Course • Marine Corps Reserve Good Conduct Medal • Global War on Terrorism Expeditionary Medal • Iraq Campaign Medal • President Unit Citation COMMUNITY INVOLVEMENT/ORGANIZATIONS • Oregon Food Bank • Tigard-Tualatin Parent Volunteer • Packed with Pride/Tigard Tualatin School District • Tigard-Tualatin Community Budget Committee • Mary Woodward Science Fair Co-Chair (past) • Hands-On Portland .4 PUBLIC SAFETY ADVISORY BOARD Community Caucus:36 Votes(13th) Nick Jarmer In 500 words or less,describe the personal or professional experiences that make you qualified to serve on the Advisory Board. I have worked in the public safety field for nearly 30 years, and my wife and I have been residents of the city of Tigard for almost 25 of those years. All 3 of my children went to Charles Fowler elementary, Fowler Middle school, and then ultimately graduating from Tigard High school. I am currently working for the Multnomah County Sheriffs Office in the Corrections Division, where I hold the rank of Captain. The Corrections Division main task is the care and custody of adults in custody in Multnomah County jails. Throughout my career I have seen first hand the difficulty, confusion, and trauma that is inflicted on individuals during incarceration. I have always, and will continue to make it my everyday goal to treat every one with dignity and respect. While this is only one example of Procedural Justice, I find that other work goals are defined by the remaining three tenets of procedural justice: giving citizens a voice during encounters, being neutral in decision making, and conveying trustworthy motives. To this end communication and listening have become two of the best behaviors that I have acquired. Anytime I communicate with someone, whether it be by spoken word, or in writing, I have always strived to be respectful, listen to their own perception/ideas, make sure they understand that I have heard them, earn their trust so that the final decision made is based on these understandings. I have learned these routines through many years of training that Multnomah County Sheriff has provided me. I have taken, or instructed, multiple trainings in understanding and accepting Implicit Bias, annual Ethics in Public safety, Diversity, Discrimination and Harassment,Trauma Informed Care and Trauma Intervention, Mental Health First Aid, Peer Support, De-escalation Techniques, Crisis Intervention, Force Liability, and many more. When I first started at the Multnomah County Sheriff's Office in 1991, Law Enforcement was seen as a noble career. Fast forward roughly 30 years, and a lot has changed. With the current climate in our country, and in other places around the world, Law Enforcement is not looked at too favorably by a large portion of society. I know in my heart and in my mind who I am; I don't think I have changed much in the last 30 years. However,the world around me has changed, and I need to change with it. Public Safety has. Describe the diverse community groups in Tigard you are best able to represent on the Public Safety Advisory Board. Why do you feel you are qualified to represent each of the groups.How would you keep these various groups informed about the work and progress of the Public Safety Advisory Board? Most of my community involvements has come through the Multnomah County Sheriff's Office, and therefore in the city of Portland. I believe I can represent similar communities in the City of Tigard. I am a voting member of the Behavioral Health Unit Advisory Council; which advises the Portland Police Bureau on concerns surrounding justice involved people with a mental health nexus and I am a member of Alliance for Safer Communities representing marginalized/under-represented communities. Of course any group involved in Law Enforcement I can represent simply based on my career choice and current employment.The groups I currently belong to have at least monthly meetings in which we report back to the communities we represent. TIGARD (continued) Nick Jarmer Paget Describe an experience when you worked collaboratively with people of diverse perspectives and experiences to achieve a common goaL Was the goal achieved?What went well and why?What would you have done differently if you could start the work over again and why? On a weekly basis, I am involved in a Management Plan meeting that determines in-custody housing for our adults in custody that re under-represented by the incarcerated population as a whole; such as Transgender individuals, persons needing ADA accommodations,and others.The committee consists of uniform staff, Medical and Mental Health professionals, Programmatic staff, and "first line"staff. Each week we meet our goal of finding the best in- custody options for housing these adults in custody. If I could start this process over again, I would lean more on preparation of all parties involved in these meetings. Sometimes decisions are made with out the benefit of complete information blocks. Beginning in May 2020,demonstrations over the police killing of George Floyd have been held in Portland.Most of the protests have been peaceful,but some have involved arson,looting, vandalism,and injuries.From your perspective,how should the City of Portland,State of Oregon,and federal government have responded to the protests? At a minimum,please cover public safety,free speech,and private property rights. Since my office for the Multnomah County Sheriff's Office is located in the Justice Center building, I have seen firsthand the destruction of the downtown Portland area since the end of May 2020. I would have liked to see the City of Portland more involved with the demonstrations right at the beginning. Instead,the City took a "wait and see" approach.This failed miserably and it turned into a "us against them"approach.The time to discuss passed quickly, and the City was not prepared for it. From my perspective, it was easy to see who was protesting and who was rioting. Although the rioters "hid"with in the protests, had the City been on the same page as the protestors, possibly the protestors could have become an ally against the people committing all the property damage and putting innocent people in grave danger.We never needed over whelming force to control these crowds; dialogue a t the start may have prevented some of this violence altogether. .4 PUBLIC SAFETY ADVISORY BOARD Community Caucus:43 Votes(OOtn) Justus Rogers In 500 words or less,describe the personal or professional experiences that make you qualified to serve on the Advisory Board. My name is Justus Rogers and I am a black resident of Tigard. I moved to Tigard from Lake Oswego after experiencing racism and prejudice on a regular basis. I love the diversity here and haven't had as many issues. I'm a journalist and often reach out to locals about community concerns/topics. I deeply care about the Tigard community and love everybody here. My goal is always to help educate people on social justice issues here in America. Politics seem to always be a hot topic in Portland and the state of Oregon. I do my best to approach these conversations with love and truth. My family was heavily involved in the Civil Rights movement and it is my goal to continue what they started. I'm thankful to have a very diverse network of people in the area. This network includes business owners and professionals in Tigard, King City and Tualatin. In my media career I've worked for CBS, NBC News and TNT. I believe my life experiences and career will provide a helpful perspective to the board. Describe the diverse community groups in Tigard you are best able to represent on the Public Safety Advisory Board. Why do you feel you are qualified to represent each of the groups.How would you keep these various groups informed about the work and progress of the Public Safety Advisory Board? As a member of Respond to Racism, I will communicate the efforts made by the PSAB. I'm qualified to represent Respond to Racism because as an African American man, racism is my everyday reality. As a peacekeeper, it is always my goal to bring people together in unity. So I will do my best to connect and network so that common goals can be reached together in our community. Describe an experience when you worked collaboratively with people of diverse perspectives and experiences to achieve a common goal. Was the goal achieved? What went well and why? What would you have done differently if you could start the work over again and why? In college, I worked for the campus Equity and Inclusion office. Our staff was diverse with students from various backgrounds. Our goal was to always make opportunities for marginalized student groups. We communicated well and organized excellent events for students and the local community. I would not have changed anything about what was accomplished.The program was a success. Beginning in May 2020, demonstrations over the police killing of George Floyd have been held in Portland.Most of the protests have been peaceful,but some have involved arson,looting, vandalism,and injuries.From your perspective,how should the City of Portland,State of Oregon,and federal government have responded to the protests? At a minimum,please cover public safety,free speech,and private property rights. I do not condone arson, looting,vandalism, or violence. I never have and never will encourage damage to private property. People should exercise their free speech rights without putting public safety at risk. TIGARD Justus R (661) 204-6335 jusisreal@gmail.com Dynamic and innovative, a unique media personality EXPERIENCE SKILLS NBC Bakersfield (KGET 17) Bakersfield, CA — Reporter Natural on-camera persona OCTOBER 2018-JULY 2019 with a vibrant voice On-camera reporter/host of digital content including live hits and Social media expert pre-recorded packages for news broadcasts.Golden Globe Awards red Creative non-linear editor on carpet host for NBC.Creator and producer of the first news podcast series for> News. a range of programs Power Jamz the The Wake Up Show — Producer&Co-Host MAY 2013-CURRENT Actively involved in concept development,research,writing and post production.Interviewed guests including professional athletes from the NFL and WNBA. Pacific Aire Inc. Camarillo, CA — Social Media Manager OCTOBER 2017-APRIL 2018 On-camera spokesperson for company commercials and marketing,as well as creating promotional content as social media manager. NCIS: LA(CBS) Los Angeles, CA — Production Assistant SEASON 7-2016 Liaison for actors and day players,organizing the set for filming and distributing scripts to cast and crew. EDUCATION Bakersfield College Bakersfield, CA — Communications 2013-2015 Public Safety Advisory Board Video Applications Shaun Stuhldryer: httos://voutu.be/7IUBNpVis-w Nick Jarmer: https://voutu.be/t6 NPYoRoRA Justus Rogers: No video submitted. AIS-4608 7. Business Meeting One Meeting Date: 04/06/2021 Length (in minutes): 30 Minutes Agenda Title: Discussion Regarding Council Liaison Assignments Prepared For: Steve Rymer, 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 Mayor, Council President, and Councilors Council Liaison assignments. STAFF RECOMMENDATION / ACTION REQUEST 1. Discuss and approve the Council Appointment Matrix. 2. Determine the frequency of making Council liaison role assignments. KEY FACTS AND INFORMATION SUMMARY Tthe Council discusses and assigns the Mayor, Council President, and Councilors to serve as a liaison to various committees. This typically occurs during Council goal setting. Goal setting this year was held in March and the agenda did not allow for liaison assignments to be discussed. Since it is already April, the Council could determine that it is best to 1) continue with the current assignments through 2021 and revise as necessary in January 2022 or 2) make any revisions now that would be in effect until December 2022. Moving forward, it would be helpful to understand if the Council wants to make annual appointments or for a two year period. Additionally, Council may want to discuss if there is a role for a Council representative on the Arts Council which is included at the beginning of the attached matrix. If Council believes there is a role, we would recommend holding off on an assignment until this can be further refined and then we would return for Council consideration. For your review, the 2019 Council Appointment Matrix is attached. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This will be the first discussion board and committee assignments for the current City Council. Attachments Council Liaison Matrix 2021 INTERIM City Council Appointment Matrix Updated 3-30-21 All meetings are virtual until Covid-l9 restrictions are removed. Regional Liaison Assignments Committee Name Primary Alternate Rep Meeting Frequency Time Expectation Staff Liaison Representative Arts Council Although no official Council Liaison assigned,pre-covid it (2nd ra Monthly (2 or 3 (up for discussion—participation by was expected to be an opportunity to collaborate and partner Appx 20 hours/yr Council to be determined) with this group. Wednesday), 8-9:30 a.m. Mission statement: "Tigard Arts Council celebrates art and culture as part of everyday life and seeks to enhance Tigard's identity as an artistic hub in the region." Current Members: Amber Bell-Tigard Library;Steve DeAngelo and Kelly Marks—TDA;Margaret Doherty;Margie Yemoto Greene,TTSDistrict Foundation;Laura Reneker- Business owner of MI Home Nest;Raziah Roushan-Tualatin Valley Creates;Loni Sanders-Artist Audit Committee CCP Lueb CC Goodhouse 3- 6 times per year 10-12 hours per yr. Jared Isaksen Audit Committee is responsible for selecting the city's auditing firm and meets twice (minimum) with CPA firm reps appointed to perform the city's annual financial audit. Members participate in the appointment, compensation, retention and oversight of any independent accountants engaged for the purpose of preparing and issuing an independent audit report or performing other independent audit,review or attest services.Additionally, members will assist the city and make recommendations on Performance Audits in calendar years 2019 and 2020. Budget Committee All Council None 3-4 consecutive Monday 12-15 hours/yr Toby LaFrance evenings in April&May The Budget Committee provides a public forum to obtain public views in the preparation of fiscal policy. Budget Subcommittee-Social Services CC Shaw None 2 meetings in March 10 hours a year Toby LaFrance Reviews applications submitted by social service agencies for contributions from the city. Consists of 1 Councilor and 2 citizen-members of the Budget Committee. Budget Subcommittee-Events All Council None Study Session in March 5 hours/yr (reading Toby LaFrance proposals &deliberation) Reviews requests for contributions to community events. Community Development Block CC Newton Schuyler Warren 2nd Thursday of the month Approximately Schuyler Warren Grant Policy Advisory Board at 7 p.m. Location rotates 2 hours month By IGA,Washington Co. established the Community Development Policy Advisory Board (PAB) to represent the County Consortium, make recommendations to the County Commissioners on all matters pertaining to the CDBG program. Includes a representative,generally an elected official, from the County and each of the 11 participating cities in the county 2021 interim Council Appointment Matrix—Page 1 Updated 3-30-21 Committee Name Primary Alternate Rep Meeting Frequency Time Expectation Staff Liaison Representatives Metro Joint Policy Advisory Beaverton Mayor Cornelius Mayor 3rd Thursday/month 7:30- Commission on Transportation Doyle Dalin 9 a.m. @Metro 2-3 hours Dave Roth UPAC1) Tigard monitors meetings of this 17-member committee which provides a forum for elected officials and representatives of agencies involved in transportation to evaluate transportation needs in the region and to make recommendations to Metro council. Mayor's AppointmentAdvisory The Councilor serving as liaison to the committee that is recruiting will interview applicants with Depends on the Committee the committee's staff liaison and make recommendations to the Mayor. committee recruiting The councilor serving as the recruiting committee's council liaison will interview applicants with the staff liaison to fill available seats on city boards, committees and commissions. Recommendations for appointment are given to the Mayor for selection. Metropolitan Area Communications Quarterly, set by Board when they meet,usually Commission Common CC Newton Mike Nolop Wed. lunch@ MACC office in Beaverton Mike Nolop MACC (June 2019 will send schedule) MACC is the governing body that oversees the contracts for cable services and TVCTV. The Executive Committee meets separately to make recommendations to the Commission on administrative issues including budget and the review of the Executive Director. Metropolitan Mayors Consortium 4th Thursday @ noon in (MMC) Mayor Mayors only Tualatin 3 hours/month N one Consortium is comprised of all Mayors in the metro area and represents the city on regional policy issues and interests. Regional Water Providers Quarterly meeting held at Consortium (RWPC) CC Shaw John Goodrich Portland Water Bureau 8 hours/year John Goodrich Board&Exec. Committee Consortium is comprised of all water suppliers in the metro area. The Councilor appointee to this group represents the city on regional policy issues. Southwest Corridor Steering 2nd Mon. 9-11 a.m. —date Committee (SWC) Mayor CC Goodhouse &location by TriMet 2-3 hours/mo. Kenny Asher Consists of project partners, elected and appointed officials from jurisdictions involved in the next phase of possible Light Rail in the Southwest Corridor. Tigard Chamber Government 3rd Thurs. @ 1:30 p.m. at Affairs &Public Policy (GAPP) CCP Lueb None Tigard Chamber 2 hours/mo. none Membership tracks and reviews relevant city, county and state initiatives, bills,measures,legislation,proposals and more that effect the local economy and business activity/livelihood, determines positions using the Tigard Chamber Business Advocacy Agenda and Legislative Policy Guide as filters. 2021 interim Council Appointment Matrix—Page 2 Updated 3-30-21 Committee Name Primary Alternate Rep Meeting Frequency Time Expectation Staff Liaison Representatives Tigard-Lake Oswego Joint Water Tigard has two seats: Quarterly—WebEx until Partnership Oversight Committee CC Newton, CC Goodhouse Covid passes 2-4 hours/mo. John Goodrich (OVC) Membership is comprised of staff and elected officials to govern water partnership between the cities. Town Center Development Agency All Council None Part of Council meeting Appx. 2 hours/month Sean Farrelly (TCDA) agenda when needed. Charged with the revitalization of downtown and implementation of the Urban Renewal Plan approved by voters in May of 2006. Washington Co. Coordinating Mayor CC Shaw 2nd Monday @ noon 2 hours per month Dave Roth Committee @CCC) Beaverton Library WCCC reviews and comments on major land use and transportation issues and provides a forum for discussion which results in recommendations for a coordinated approach between jurisdictions. The Committee has specific authority on the Major Streets Transportation Improvement Program (MSTIP) and the Countywide Traffic Impact Fee (TIF) program. Representatives to JPAC and MPAC from County and cities in the Co.will be on the policy body. Water Advisory Board Bi-monthly @ Public Works (WAB is new, replaces IWB) CCP Lueb Mayor or less often as decided by TBD John Goodrich members Established per terms of Tigard's agreement with Durham and the Tigard Water District to deliver water service to the Tigard Water Service Area (TWSA). Members commit to working together and with other agencies and jurisdictions in a cooperative effort to plan for the future long-term water supply needs of the TWSA and make recommendations to Tigard City Council on significant water service issues. Scheduled for Council meeting:3/5/19 Westside Economic Alliance Board 4th Wed.@7:30-9 a.m. at Plus,monthly breakfast Mayor CC Goodhouse forum if interested in None (WEA) St. Vincent's Hospital the topic Create an environment conducive to business growth,working to influence decisions on policies and regulations impacting the economic vitality of the area. Tigard's Mayor position holds a seat on the Board of Directors. WEA Government Relations 2nd Thurs. @ 7:30 a.m. in Committee CC Goodhouse None Lake Oswego 2 hours/month None The Government Relations Committee meets to talk about the Legislative session and other issues affecting the region. Meeting is held at Jordan Ramis (Two Centerpointe Dr., 5th Floor,Lake Oswego, OR 97035) unless otherwise noted. 2021 interim Council Appointment Matrix—Page 3 Updated 3-30-21 Committee Name Primary Alternate Rep Meeting Frequency Time Expectation Staff Liaison Representatives Quarterly,last Mon. of Jan., Brian Roger,John Willamette Intake Facility FIF) CC Goodhouse CC Shaw April,July,Oct.,6-8 p.m. @ 6 - 8 hours/year Goodrich TVWD 203/18:18:Council adopted an ordinance/IGA for joint ownership, operation and management of the Willamette Intake Facilities. Tigard, Sherwood, Wilsonville, Hillsboro,Beaverton and Tualatin Valley Water district are member agencies,with TVWD as the managing agency. Willamette River Water Coalition CC Goodhouse CC Shaw Quarterly, 1St Wed.in Feb, 6 - 8 hours/year John Goodrich (WRWC) May,Aug Nov., 5 p.m.@ PW The Willamette River Water Coalition (WRWC) was created in 1997 under ORS Chapter 190 and is comprised of four local governments that have united together in order to preserve water rights/access to the Willamette River as a potential municipal and industrial water source for their communities. Member cities: Tigard,Tualatin, Sherwood, and the Tualatin Valley Water District. Tigard Board & Committee Liaison Assignments Primary Time ommittee Name Representative Alternate Rep Meeting Frequency Expectation Staff Liaison Committee for Community CC Newton CCP Lueb 3rd Wednesday/quarterly @ 7p.m. 6 hours/year Nadine Robinson Engagement (CCE) at PW building The Committee for Community Engagement is charged with oversight,accountability and policy direction on program design for citywide community engagement activities.This includes review,commend and recommendation on specific plans for community input, feedback,education and information.The goal is to inspire active two-way community engagement,broad participation of diverse community members and encourage shared responsibility and ownership (community members and elected officials) to use knowledge, skills and experience to improve the community and advance the city's strategic vision. Development Advisory Committee CC Shaw CCP Lueb Quarterly as needed Kenny Asher This committee developed from settlement with HBA. Scope and details will be determined. H omel essncss T a* Force CC Shaw None TBD Kent Wyatt (ad-hoc) Task force to identify short-term and long-term recommendations to the City Council focused on issues related to homeless population in Tigard. Task Force of 10-15 community leaders representing organizations that serve and support those experiencing homelessness. Levy/Bond Task Force Councilors Newton and Lueb (no alt.) To be decided Kathy Nyland Task force to identify& consider solutions, such as a local option levy, to prevent an erosion of city services caused by 4% cost growth and 3.5% revenue growth per annum. In December, the City Council will receive the task force's recommendation on how to address the financial challenges. 2021 interim Council Appointment Matrix—Page 4 Updated 3-30-21 Primary Time Committee Name Representative Alternate Rep Meeting Frequency xpectat. Staff Liaison iiMi. mi.Library Board CCP Lueb None 2"d Wednesday—6:30 p.m. 2 hrs/mo Halsted Bernard This board advises Council on library policies,budget, facilities & other community needs to provide quality library service,per TMC 2.36.030. Park & Rec Advisory Board CCP Lueb None 2"d Monday@ 7 p.m. 2-3 hrs/mo Rick Gruen (PRAB) To advise the Council on park and recreation policies, facilities,programs and budgets. Planning Commission CC Shaw None 1St& 3rd Monday @ 7p.m. 5-6 hrs/mo Tom McGuire Assists the City Council to develop,maintain,update and implement the Comprehensive Plan, to formulate the Capital Improvements Program, and to review and take action on development projects and development code provisions delegated to the Commission. Public Safety Advisory Board Councilors Newton & Calderon 2nd&4th Thursday of month— 2-3 hrs/mo Kathy Nyland, (PSAB) Zoom call Eduardo Ramos Created with community input and Council discussion in response to the killing of George Floyd. The Board will review public safety practices,with similar community input and draft frameworks anticipated for all other areas of city operations.This Board will be one component of the City's Anti-Racism Action Plan. Town Center Advisory CC Goodhouse CC Newton 2nd Wednesday @ 6:30 p.m. 3-5 hrs/mo Sean Farrelly Commi ss on (TCAC) The TCAC makes recommendations to the TCDA on urban renewal policy,budget and implementation to improve Tigard's urban renewal districts. Urban Renewal Funding Selection Subcommittee Councilors Lueb & Shaw* As needed Sean Farrelly To encourage businesses to make improvements to storefronts or commercial facades in downtown by providing design assistance and/or matching funds and to make recommendations for various public art options that may be purchased with the urban renewal funds for the Main St./Green St.project. *Two council reps required. Transportation Advisory Mayor CC Goodhouse 1"Wed.,6:30 p.m. 2 hr. meetings Dave Roth Committee(1"LAC) Advisory to council& staff regarding planning and development of a comprehensive transportation network,including development of plans and corresponding financing programs; development of funding mechanisms and sources to implement transportation projects and ensure adequate maintenance of the existing transportation infrastructure;public involvement and education in transportation matters and ways to improve traffic safety and accessibility in all transp. modes. Transportation Strategy Team Mayor CC Goodhouse 4th Tuesday @ 5 p.m. in Red Rock 1.5 hours/mo Dave Roth (TST) Creek Staff-level planning group to inform and propose approaches to all aspects of Tigard's transportation system,including advancing the city's strategic plan, funding and grants, CIP prioritization,and recommendations regarding regional funding and transportation project priorities. Tigard Youth Advisory Couna I CC Newton CCP Lueb 1St Monday/mo. @ 4 p.m. 2-3 hours/mo Kent Wyatt (IYAC) 2021 interim Council Appointment Matrix—Page 5 Updated 3-30-21 Tigard students grades 6-12 advise City Council on the best ways to build developmental assets for each youth in Tigard.The TYAC facilitates the development and implementation of programs and activities that are important to youth. 2021 interim Council Appointment Matrix—Page 6 Updated 3-30-21 AIS-4625 8. Business Meeting One Meeting Date: 04/06/2021 Length (in minutes): 5 Minutes Agenda Title: Consider Resolution Extending the City's Allowance of Furnishings on Sidewalks Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Resolution Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Consider extension of temporary encroachment permit program extending 6 months after the end of the City's COVID-19 emergency. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the resolution. KEY FACTS AND INFORMATION SUMMARY In May of 2020, the City passed a temporary resolution allowing free, temporary encroachment permits to enable restaurant seating on City sidewalks. This option gives restaurants increased seating options during the COVID-19 pandemic, while also protecting the City's interest in ensuring the seating doesn't block vision clearance, ADA access, or create other safety issues. Last year's resolution expired Dec 31, 2020. The proposed resolution will enable the City to continue granting these temporary encroachment permits for no charge to applicants. The permits will expire 6 months after the end of the City's declared emergency. OTHER ALTERNATIVES If Council elects to not take action, an applicant would still be required to obtain an encroachment permit for any furnishings on City sidewalks using the standard process and paying a $25 fee. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION May 26, 2020 Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21- A RESOLUTION EXTENDING TEMPORARY ENCROACHMENT PERMITS FOR FURNISHINGS WHEREAS,restaurants are one of several industries that have been particularly hard-hit by COVID-19;and WHEREAS,physical distancing,in conjunction with other public health measures,has been shown to lessen the spread of COVID-19;and WHEREAS,outdoor seating is an important option for restaurants to increase seating safely;and WHEREAS,Tigard Municipal Code (TMC) 15.16 requires an encroachment permit in order for a private party to occupy City right-of-way,including sidewalks;and WHEREAS,by requiring an encroachment permit,the City can seek to ensure the safety of all users of the rights- of-way, such as by maintaining vision clearance and access under the Americans with Disabilities Act; and WHEREAS,the City wishes to facilitate OLCC approval for businesses wishing to allow service on City sidewalks through the issuance of temporary encroachment permits for furnishings;and WHEREAS, the City allowed temporary encroachment permits for seating last summer and wishes to continue allowing that option through the duration of the City's declared emergency and for 6 months following. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard will issue temporary encroachment permits for furnishings in order for businesses to provide outdoor seating on City sidewalks, consistent with the terms of TMC 15.16 and OLCC requirements. Such temporary permits will be valid until 6 months following the expiration of the City's declared emergency related to COVID-19. SECTION 2: The fee for a temporary encroachment permit for furnishings is $0. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2021. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 21- Page 1 11I rr r111 TIGAR D Meeting of the Tigard Council April 6, 2021 Public Testimony Received Kenneth Conklin 1. Parking on Bull Mt. Road by Elizabeth Price Park is 4/1/2021 becoming dangerous because of a new through street. 2. 99W is trashy/littered. Is there an organization of volunteers to alleviate this eyesore? Carol Krager From: Sent: Thursday,April 1, 2021 10:26 PM To: Carol Krager Subject: Parking on BMt road by E. price park and picking up litter on 99W I think parking on Bull Mt road by the E. Price park is becoming dangerous because of a new through street. And secondly 99 W highway is so trashy/littered. Is there an organization of volunteers to allievate this eyesore?Thanks Kenneth Conklin 14272 SW Alpine Crest Way,Tigard 97224 Sent from my iPhone i