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TELEVISED 1:%drrrjessica%ocpkl2.doc r t + t' s r , I a s ♦r lr y„r1 1 t t,, i .y r ~ rx r f ~~rd ~aa ,yI F +7 Revised on 6110199 4 . } r > Y17it~ r r ~1 4 y . j'~ CITY OF TIGARD x'"Ey ~M1Mfif~~5{~.._~rj'^}~r~ 5rC , tfY Y~ Ahl h Fi4 fV 11 ✓}'S ~~{~Ya S ' n to x., tn~a~»SfJJrt ~~ty<r ~t, y~~ t-sH* ~l5~j~i~ ~"w~t!`t ~4 i y P yu (pt rya 7"r Sri. .z• r q ~ ~:.,"d 4y~1r~{ r~-~.}y .r Xy's~ ~~°~~"eu:;`< . "t-n+ ~'~,9 F~~`4 ytl{j ~j'rf'4 ~"F} ~y J.r✓~~~u r y r k y ~ w-a ,}r rrC~`t3 *~.'r' "JL ; ~f,,`i'IZ°7/,~ M~~~'~rr~3J~~>' 11qq yt ~w ~TjFyf t}Lf tix8Y4' ] i t [`~U y9 .fi'* Rtlf,,,1{rn't} ~ t~ f.a ~ir. .~Y..•df i^l R.:...t.a.(. I'...h n~l.w ,4:iY 41 }I M. ..T;%~rGrtMt ~JrA.~ PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639.4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead-time as possible. Please notify the City of your need by 5:00 p.m. on the -Thursday preceding the meeting date at the same phone numbers as listed above: 639.4171, x309 (voice) or 684.2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JUNE 15,1999 - PAGE 1 AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING JUNE 15,1999.6:30 PM 6:30 PM 1. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (h) & (Q to discuss labor relations, real property transactions, current and pending litigation issues, and exempt public records. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 7:00 PM 2. WORKSHOP MEETING o Call to Order: Mayor Nicoli o Pledge of Allegiance ® Council Communications & Liaison Reports Call to Staff and Council for Non Agenda Items 7:05 PM 3. DISCUSSION: WATER OPTIONS Public Works Department 7:35 PM 4. DISCUSSION: PUBLIC, EDUCATION AND GOVERNMENT (PEG) ACCESS FRANCHISE FEE SUPPORT • Administration Department 7:45 PM 5. UPDATE: CITY'S Y2K READINESS EFFORTS ® Administration Department 7:55 PM 6. UPDATE: CITY'S COMPLANCE FOR CITY BUILDINGS - AMERICANS WITH DISABILITIES ACT ® Administration Department 8:25 PM 7. DISCUSSION: PROPOSED TEMPORARY SIGN CODE AMENDMENTS ® Community Development Department 8:45 PM 8. DISCUSSION: (CARRIED OVER FROM THE 618199 COUNCIL MEETING) WITH JIM CORLISS CONCERNING TIGARD TRIANGLE DEVELOMENT STANDARDS • Community Development Department COUNCIL AGENDA - JUNE 15,1999 - PAGE 2 9:00 PM 9. REVIEW PROPOSED RESOLUTION MODIFYING THE METRO GREENSPACES RESOLUTION ® Community Development Department 9:15 PM 10. COUNCIL LIAISON REPORTS 9:25 PM 11. NON-AGENDA ITEMS 9:35 PM 12. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (h) & (f) to discuss labor relations, real property transactions, current and pending litigation issues, and exempt public records. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 10:00 PM 13. ADJOURNMENT I:AD M\CATHY\CCA\990518. DOC i i i i { f COUNCIL AGENDA - JUNE 15,1999 - PAGE 3 Agenda !tern Ido. ' =3 Meeting of 1 D TIGARD CITY COUNCIL. WORKSHOP MEETING MEETING MINUTES -JUNE 15, 1999 > STUDY SESSION s Bill Monahan, City Manager, informed the Council that Tualatin Valley Fire & Rescue was interested in hosting another meeting with the Council. The Council discussed the request and directed staff to convey their interest in a dinner meeting at TVF&R's new offices. Atfalati Recreation District Mr. Monahan updated the Council on the Atfalati recreation district discussion. He reported that when Tualatin declined to participate the consultant revised the project with a total cost now of $66,200. He noted that Tigard has agreed to participate with $15,000 and Washington County with $25,000. He said that the Sherwood School District, the Tigard-Tualatin School District and Sherwood all would participate while Durham residents, rather than the City, would probably contribute their $700 share. He indicated that Atfalati would contribute the remaining $11,000. Mr. Monahan stated that Linda Davis was the lead principal on this project for the consulting firm, Cogen Owens Cogen. He explained that Tigard would be the lead agency handling the contract. He noted that the County would give their $25,000 to Tigard through an intergovernmental agreement. He suggested that the City use IGAs for the other governmental entities in order to allow Tigard to handle the money and to process the bills. He pointed out that Atfalati was not a governmental entity. Councilor Scheckla asked if staff would set up a deadline date for participation. Mr. Monahan explained that doing so was not necessary because Tigard had $51,000 available from itself, the County, and Atfalati to get the consultants started. He noted that Dave Nicoli informed him that he had commitments from the other partners. He said that he would send letters and the IGA to the other groups to start that process. Mr. Monahan suggested informing the partners that Tigard expected to receive the money by July 30. Mr. Monahan advised the Council that the City of Beaverton has accepted Mary Wells nto the their mediation training program. ® Community Resource Center I Mr. Monahan advised the Council that the Mayor received a letter today requesting funding for the Community Resource Center (formerly the Rite Center) in the amount of $10,000 to $15,000 for next year, instead of the $8,200 set aside by the Budget Committee in the social services { budget. Mayor Nicoli advised the Council that there were unresolved issues between the new local s group (headed by Wes Taylor) and the County Community Action. He suggested waiting to see if these two groups could work out these issues before the City decided where to send its money. Councilor Moore commented that they could also discuss at that time whether or not to increase the allocated funding amount of $8,200. Mayor Nicoli stated that he would try to talk with Mr. Taylor before the meeting next week. CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 1 o City of Happy Valley letter Mr. Monahan advised the Council that the Mayor received a letter from the City of Happy Valley regarding a proposal from an out-of-state company to get tax exempt bonds in order to purchase two apartment complexes, one in Portland and one in Tigard. He explained that several months ago he received a phone call from the same company with the same proposal. He reviewed his concerns with a proposal to purchase the Tiffany Court Apartments with the expectation that $100,000 worth of improvements would be sufficient to bring it up to Code. He said that he and Wayne Lowry decided that this was a transaction that the City did not need to get involved in, particularly since $100,000 would not "scratch the surface" of what was needed to bring those apartments up to Code. Mr. Monahan explained that the Happy Valley City Manager told the salesman to prepare the paperwork for his review. He read the letter sent to the Mayor for his signature indicating Tigard's support of the financing, noting that the Mayor would not be signing the letter. He said that he suggested that the Happy Valley City Manager come look at the property if they were interested in purchasing it. o Fourth of July Celebration/Tigard Country Daze Mayor Nicoli suggested that the Council split the increase allocated by the Budget Committee for next year's Fourth of July Celebration and give half to the event committee for this year's celebration and half for next year's celebration. The Council agreed with the Mayor's suggestion. Councilor Scheckla suggested reallocating some of the money slated for the Country Daze parade to the Fourth of July. Councilor Moore pointed out that that the Budget Committee already did that. Mr. Monahan mentioned that the non-profit originally set up to sponsor the Country Daze event needed to vote to put the $2,500 remaining in the Country Daze account towards this year's program. Mayor Nicoli directed staff to help this year's Country Daze volunteers work through the process in order to access that money. Councilor Hunt asked if this year's volunteers liked the different parade route suggested by Council. Mr. Monahan said that Ms. Crone liked being off Pacific Highway. He mentioned a gjarade route starting across from Magno Humphries, going down to Main Street, running the length of Main Street, and ending at the Rite Aid store. o Mr. Monahan mentioned the proposal from the citizen members of the Budget Committee to increase the Council compensation. He discussed possible concerns with implementing the recommendation. Councilor Scheckla suggested that the seated Councilors not receive any benefit from a salary increase until their terms were up. Councilor Hunt disagreed with paying different Councilors different rates. The Council discussed how the City increased Council compensation the last time. Mr. Monahan said that he would discuss the issue with the City Attorney. 1. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 6:30 p.m. under the provisions of ORS 192.660(1) (d), (e), (f), (g), and (h) to discuss labor relations, real property transactions, exempt public records, current & pending litigation issues. CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 2 ® Mayor Nicoli recessed the Executive Session at 7:50 p.m. 2. WORKSHOP MEETING ® Call to Order Mayor Nicoli called the meeting to order at 7:52 p.m. Roll Call Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla Staff Present: City Manager Bill Monahan; Asst. to the City Manager Liz Newton; Legal Counsel Tim Ramis; Community Development Director Jim Hendryx; City Engineer Gus Duenas; Administrative Risk Analyst Loreen Mills; City Recorder Catherine Wheatley e Council Communications Mayor Nicoli advised the Council that the Washington County Coordinating Committee heard a presentation from the Federal government and the Unified Sewage Agency regarding the impacts of the Endangered Species Act regulations on local jurisdictions. He mentioned his surprise at how heavily these regulations would impact Tigard's maintenance of its streets and drainage areas. He explained that the Washington County cities all wanted USA to be the lead agency in developing the compliance plan for the Tualatin River drainage basin. He explained that, although Metro has asked to be the regional leader, USA already managed surface water runoff in the Tualatin River basin and has successfully worked on reversing the pollution in the basin. Mayor Nicoli said that USA has set aside $100,000 to start studying a process on how to deal with the Endangered Species Act. He noted that it involved working with several State and Federal government agencies as well as the local jurisdictions. He stated that the desire was to give a more in-depth presentation to the Mayors and the City Managers who would in turn report to their Councils. He mentioned that Washington County would likely take the lead in developing the compliance plan. Mayor Nicoli spoke to Tigard hosting a meeting of the mayors to discuss this issue and a few others of county-wide concern. He mentioned that all the mayors were taken aback at the extent of the impacts of the Endangered Species Act. Tim Ramis, City Attorney, commented that USA or the County would have a real opportunity to take leadership in the event that Metro's strategy of adopting Title 3 did not work (adopted to avoid more stringent regulations from the National Marine Fisheries), and the Federal government imposed more restrictive regulations. Mayor Nicoli mentioned discussion among the Mayors of the cities collectively raising another $100,000 as part of taking a proactive approach to deal with this issue themselves instead of waiting for the Federal government to tell them how to handle it. Councilor Patton commented that the regulating agencies would like the affected agencies to develop their own proactive plans. Mayor Nicoli stated that the Federal government representative was very clear that they did not have all the answers to implementing this Federal law. He observed that the people first to the table would probably get the most flexible plan. CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 3 sz~ Councilor Scheckla asked when the Federal law took effect. Mayor Nicoli said that the Federal representative told them that the Federal law kicked in as soon as they put a certain type of fish on the endangered species list. Mr. Ramis said that the listing was about three months ago. Liz Newton, Assistant to the City Manager, mentioned the USA briefing to the full Council on the Endangered Species Act, scheduled for the July 20 meeting. m Call to Council and Staff for Dion-Agenda Items: None 3. DISCUSSION: WATER OPTIONS There was no discussion at this time. 4. DISCUSSION: PUBLIC, EDUCATION AND GOVERNMENT (PEG) ACCESS FRANCHISE FEE SUPPORT Ms. Newton reviewed the five items on PEG access which the Council reached consensus on at its May 11 meeting. She mentioned the Council's support of the baseline amount proposed by TVCA and the Council's suggestion to invite other cable access providers to submit proposals for service.. She noted the Council's agreement that TVCA should not assume large portions of the incidental payment and capital grant dollars to fund their operation and that TVCA should reconsider its proposal to purchase a building. She mentioned the Council's support of a franchise fee support level of 15% to 17.5%. Ms. Newton reported that, at its May 19 meeting, the MACC Board agreed to forward a recommendation to its member jurisdictions to support a minimum level of funding of 15% (preferably 17%). She mentioned that the Board encouraged the jurisdictions to provide a higher level of support if they so desired. She explained how the MACC staff proposed reconfiguring the percentage splits of the franchise fee to allocate 17% to TVCA and 58% to the cities. She mentioned that the other member jurisdictions did not support going out to other access providers, as suggested by Tigard. She said that the Board postponed the discussion of TVCA's funding assumptions to a later date. Ms. Newton reported that at the June 9 MACC meeting, the City of Wilsonville withdrew from MACCand would administer their cable contract on their own. She said that Wilsonville intended to contract with TVCA for PEG access services. She reviewed the Board's discussion of the budget for the next two years, mentioning that the Board decided to allocate all of the incidental payment to TVCA in $75,000 increments. She said that the other jurisdictions did not support her suggestion to put the money in the budget unallocated and review what other needs might exist before allocating the money. She mentioned that the Board postponed a discussion of the building until later also. Ms. Newton mentioned that Councilor Scheckla recommended the 15% funding level because they still lacked performance measures for TVCA. She explained that the Council could change the level of its support every year in January, following appropriate notice to MACC. She reviewed the Council's choices this evening: 15% fee support, 17% fee support or another level of support. At Councilor Scheckla's request, Ms. Newton reviewed the situation with Lake Oswego. She said that Councilor Bob Chizum attended in place of Mayor Bill Klammer. She explained that, prior to the May 19 meeting, the Board had discussed letting the cities decide how much they wanted to contribute. The Lake Oswego City Council had come to consensus on contributing CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 4 12%, and Councilor Chizum came to the meeting expecting to receive the option of 12%. Instead, the Board came up with a resolution recommending a minimum of 15%. She noted that Mayor Klammer intended to discuss the 15% level with his Council on July 20. Councilor Scheckla recommended going with 15%, as Lake Oswego probably would. He pointed out that if TVCA met and exceeded their performance guidelines, then the City could renegotiate the level of its support. Councilor Moore asked what levels other jurisdictions supported. Ms. Newton said that Washington County has voted in 17%. She indicated that the Hillsboro Budget Committee recommended 19% to its Council but the Council has not taken any action yet. She said that Councilor Evelyn Brezinski would ask for 19% from the Beaverton City Council. Mayor Nicoli spoke in support of 17% to match the County. Councilor Scheckla reiterated his support of 15% until they found out what the performance measures were. Councilor Moore supported 15%, as that gave MACC six months until January to develop performance measures. Councilor Patton supported starting out at the 15% level, as did Councilor Hunt. The Council agreed by consensus to revisit this issue in January to consider adjusting the percentage level. 5. UPDATE: CITY'S Y2K READINESS EFFORTS Loreen Mills, Administrative Risk Analyst, reported that the staff Task Force on Y2K issues has been working to identify potential problem areas, including equipment, traffic signals, and service providers. She stated that the City was prepared to respond to any emergency on January 1, whether it was due to a storm or to Y2K glitches. She mentioned a practice emergency management response event on September 8, 1999. Ms. Mills advised the Council that the City's essential services and systems would be ready for Y2K. She reviewed the five areas of potential problems remaining. She mentioned working with the local post office to address problems (since the National Post Office Service would not be Y2K ready until 2002). She said that staff had yet to get written contracts to confirm the verbal agreements made with substitute service providers, in the event that the regular service provider failed. She noted that they have not yet received confirmation from GTE on what services it would provide. Ms. Mills discussed the problem of no back-up generator for the building housing the brain for the city-wide local area computer network. She indicated that they hoped to have this resolved by mid-October. She said that, due to lack of information from the City of Portland, they could not say with confidence that there was no problem with the water supply. She mentioned that many agencies have stated that they would provide detailed reports on July 1. Ms. Mills mentioned the concern that TCI might not provide Y2K ready broadband support in its cable system. Since the City accessed the Internet and the WILLINET system via broadband support, staff was concerned and working to resolve the issue. Ms. Mills reviewed the information available from the City regarding Y2K compliance. She mentioned the City website and emergency home preparation brochures available at the library, at community events, and at CIT meetings. She commented that preparation for disaster was a wise precaution, whether the cause was Y2K or a natural disaster. CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 5 Ms. Mills noted the $116,000 allocated in next year's budget for Y2K compliance. Councilor Hunt asked if that money included a generator. Ms. Mills said that it did not. The Council discussed generators. Ms. Newton pointed out that the staff was looking at what their options were to preserve the service for the least amount of money. Mr. Ramis mentioned discussions between his office and City staff with regard to Y2K liability issues. He emphasized that the Council was not responsible to be Y2K perfect. He explained that the decision of how many resources to put into making the City Y2K ready was a policy decision. He indicated that policy decisions were not subject to second guessing by a court. He said that the City's first line of defense was keeping this as a policy decision and not independently establishing a higher level of responsibility for the City. 6. UPDATE: CITY'S COMPLIANCE FOR CITY BUILDINGS - AMERICANS WITH DISABILITIES ACT Ms. Mills stated that it was time to update the City's ADA assessment (adopted on January 26, 1993) . She mentioned the City's proactive work in keeping its buildings, facilities, programs and services accessible. She pointed out that the ADA regulations did not mandate that a City had to be in compliance by a certain date, rather it was the City's prerogative to determine what the priority was in its transition plan. Ms. Mills directed attention to the transition plan in the packet which included areas needing modifications, the responsible party, the anticipated completion date, and cost estimates. She reviewed the balancing act required when the requirements of another regulating code, such as the Fire Life & Safety Code or the Uniform Building Code, conflicted with the requirements of the ADA regulations. She said that staff would implement the Federal ADA requirements with possible modifications based on the other codes. Ms. Mills pointed out that the formal transition plan included a written philosophy on how ADA improvements would be made in the City parks. She mentioned that the City has not done a major retrofit of all the curbs in the City because the standard has been changing since the ADA was first adopted. She stated that staff dealt with complaints on a case by case basis and did what was necessary to resolve the situation for the person needing access. Ms. Mills said that the Council would formally recognize the ADA compliance plan on the consent agenda next week. She mentioned that copies were available at the library. Councilor Hunt asked what constituted a renovation, citing the Niche in particular. He noted that the building itself was only worth $50,000. Ms. Mills said that the definition of "major renovation" came out of the Uniform Building Code. She explained that the Council had the right and the authority to decide what its policy was for the building. If the Council decided that the building was not worth the investment of an elevator, then it could chose to bring the services down to the citizens who could not reach the second floor. Councilor Scheckla asked if the City has received many complaints regarding ADA access in the City. Ms. Mills said that no complaints have reached the level of the ADA grievance officer (herself) because staff has always been able to resolve the situation internally and provide the requested service. She commented that they rarely received complaints anyway because the City had fairly new buildings. CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 6 Mayor Nicoli recessed the meeting for a break at 8:43 p.m. e Mayor Nicoli reconvened the meeting. 7. DISCUSSION: PROPOSED TEMPORARY SIGN CODE AMENDMENTS Mr. Monahan confirmed to Councilor Hunt that the resolution reflected the changes made orally by the Council at the last meeting. Jim Hendryx, Community Development Director, reviewed the Council's previous direction to staff regarding the issue of temporary signs. He mentioned looking into recouping the costs of the removal and retrieval of illegal signs, and allowing political signs in the public right-of- way during a campaign. He advised the Council that, because of the issue of content-neutral sign regulations, if the Council decided to allow political signs in the public right-of-way during campaigns, then the City had to allow any temporary sign in the public right-of-way for the same time period. Matt Scheidegger, Code Enforcement Officer, gave a Power Point presentation using slides to illustrate the types of signs illegally posted in the City. He also reviewed which temporary signs were legally posted according to the sign code. He mentioned the City's 30 day permit for temporary signs ($30 fee and renewable two times). He said that he spent a lot of time talking to sign owners and trying to explain the regulations. Mr. Monahan commented that the staff did not rigorously enforce the temporary sign regulations on the weekends when most real estate and garage sale activity occurred. He said that if the people did not take down their own signs by Monday or Tuesday, then City staff took them down. Mr. Hendryx reiterated that the issue before the Council tonight was to give staff direction with regard to penalties for illegally posted signs, and whether or not to allow signs in the public right-of-way during political campaigns. He emphasized that if the Council allowed political signs to remain in the public right-of-way, then it had to allow all signs to remain in the public right-of-way. Councilor Hunt mentioned thatle was still against allowing signs in the public right-of-way. Mayor Nicoli described the Council's previous direction as being that staff should not aggressively enforce the restriction against signs in the public right-of-way during political races but return to strict enforcement when the election was over. Mr. Hendryx concurred. , ' Councilor Scheckla raised a concern about legal signs that obscured the line of sight at intersections, citing the one at Gaarde and I I Oh Avenue in particular. Mr. Hendryx agreed that no sign should intrude on the vision clearance area at an intersection. ! Councilor Patton asked if the residential property owner (in front of whose property someone Put a sign in the public right-of-way during a campaign) had any say about the sign. Mr. ' ~ I Hendryx said that the property owners could remove the signs themselves but the City would not be regulating those, if these changes were adopted. Councilor Scheckla mentioned a potential problem of litigation between the property owner and the sign owner. CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 7 Mayor Nicoli asked what the time frame was for allowing these signs to remain posted. Mr. Hendryx said that it was seven days before and after the election date. He commented that mail- in elections were more complicated. The Council discussed how long to allow the signs to remain in the public right-of-way for mail-in elections. Mr. Monahan pointed out that allowing a five-week period for each of six election days a year totaled 30 weeks out of 52 weeks in a year. The Council discussed whether or not to allow temporary signs in the public right-of-way at any time. They agreed by consensus not to allow any temporary signs in the public right-of-way at any time. Councilor Moore commented that the next step was to outlaw all temporary signs. Staff indicated that the Council could do that. Mayor Nicoli did not support the idea. Councilor Moore asked what other cities did about temporary signs. Mr. Hendryx said that Lake Oswego had a permit process. Mr. Hendryx asked for direction with regard to the penalty issue. Mr. Scheidegger supported assessing a retrieval fee for signs that he removed from the public right-of-way. He mentioned that Lake Oswego had a $20-per-sign fee. Mr. Ramis pointed out that Section 3 of the proposal allowed the City to set a charge for sign retrieval. Mr. Monahan noted that the City could distribute information at the time someone came in to pick up his/her sign as a way to try to reduce the number of repeat offenders. Councilor Patton suggested providing political candidates with better, clearer information on where signs could be posted. She supported assessing a fine against those who understood the rules and posted signs illegally anyway. Councilor Hunt suggested waiving the fine the first time someone picked up his/her sign and providing the offender with appropriate information. Councilor Moore suggested sending out a flyer with the City business licenses explaining the program. Mr. Monahan suggested holding an open house for political candidates and their supporters six weeks before an election in order to provide them with information regarding the placement of signs. 8. DISCUSSION: (CARRIED OVER FROM THE 6/8/99 COUNCIL MEETING) WITH JIM CORLISS CONCERNING TIGARD TRIANGLE DEVELOPMENT STANDARDS Mr. Hendryx presented slides of projects in Tigard with separated sidewalks, with curb-tight sidewalks, and with meandering sidewalks. He said that there was latitude within the Triangle standards to allow for some meandering of sidewalks. He listed 10 projects approved in the Triangle with separated sidewalks. He commented that they were in a transition period between the old standards and the new ones. Councilor Hunt stated that in his opinion, one of the most attractive landscapes in the City was the PacWest project with its meandering sidewalks. He commented that he would not like to see the City prohibit people from creating an attractive area because of a strict interpretation of the regulations. I I Gus Duenas, City Engineer, mentioned that undergrounding of utilities was another major concern related to the sidewalk issue. He said that they needed the full 12 feet to accommodate all the sidewalk utilities and the plantings. CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 8 Jim Corliss presented a video of the sidewalks in the area of Dartmouth, SW 680', SW 69°i, and Franklin. He pointed out the area on his property where he had an issue with regard to the cut. He reiterated that he would like to see the sidewalk on the streetside. He noted the examples of parking strips with barkdust and trees that were not well maintained and became eyesores. He held that most of the separated sidewalks in the Triangle would look unsightly without a City plan to force the property owners to maintain them. Mr. Corliss said that, from aesthetics and functional standpoints, he would like to see a curbside sidewalk. He supported dropping the standard completely from the Triangle guidelines in order to allow flexibility in the design. Mayor Nicoli asked for clarification on whether this discussion would focus on the standard within the context of the entire Triangle or on a request by a single property owner to deal with the sidewalk in front of his property. Mr. Corliss supported discussing his request tonight and the whole standard at a later date. Mr. Monahan pointed out that Mr. Corliss did not have a land use application. If the Council agreed to vary Mr. Corliss' sidewalk treatment from the standard, it was in effect giving direction for a possible variance. He suggested discussing the origins and purpose of the standard with possible direction to staff to initiate a review of the entire standard. Mayor Nicoli noted that Mr. Corliss' property was involved in an LID (which was not a land use action). He said that the Council had the authority to direct staff to move the sidewalk or to not put the sidewalk in at this time (requiring Mr. Corliss to bond for its installation). Mr. Monahan stated that staff was obligated to follow the standard adopted as part of the Comprehensive Plan. Mayor Nicoli stated that if a block was already three-quarters built out with curb-tight sidewalks, then he supported completing the block with curb-tight sidewalks in order to maintain consistency within the block. He indicated that the blocks could differ from one another. He spoke to giving design professionals and property owners the flexibility needed to do creative and attractive sidewalk designs instead of imposing a tight standard. Councilor Scheckla spoke to having flexibility while maintaining the goal of attractive development in the Triangle. He asked if the Council could deal with this project while looking. to the future to alleviate potential problems. Mr. Duenas stated that, although he did not care whether or not the sidewalks were curb-tight, he was concerned at starting out a contract with a change order. He stated that doing so could leave the City open to additional costs. Mr. Hendryx stated that staff could discuss greater flexibility in the standards at a later date but he would want a very clear idea from the Council on what that flexibility was. He commented that the standards allowed for common sense flexibility. Councilor Patton noted that she did not participate in the Tigard Triangle standards. She said that from what she has heard at the past Council meetings, she could see that perhaps the standards were too restrictive, given the potential development in the Triangle. She supported revisiting the standard to create more flexibility and to give designers more ability to find creative ways to do things. CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 9 Councilor Patton said, with regard to Mr. Corliss' request, she supported a single look for each block for reasons of consistency. She spoke to moving forward with the LID, dealing with Mr. Corliss' request now, and discussing modification of the standard at a later date. Councilor Hunt spoke in support of modifying the standards as long as they were the same for everyone. He said that he did not support allowing a standard for Mr. Corliss that was different from everyone else. Councilor Moore stated that he was still not in favor of parking strips, citing the lack of maintenance mentioned by Mr. Corliss. He spoke to going back through the process to change the standards by the book. He remarked that he thought that staff, the consulting engineer, the contractor, and Mr. Corliss could work out the issues with Mr. Corliss' property under the current standards. He referenced the existing situation on the block. Councilor Moore said that he supported revising the Tigard Triangle Plan because there were situations that did not fit the plan 100%. He spoke to allowing the flexibility to make adjustments in those situations on a case-by-case basis out in the field (especially for land already partially developed with pre-existing conditions). He disagreed with using Mr. Corliss' situation to set a precedent for curb-tight sidewalks simply because another property owner in the future wanted curb-tight sidewalks. He emphasized that these choices should be made on a case-by-case basis. He said that otherwise they should follow the Triangle plan. Councilor Moore stated that he had no problem with asking Mr. Corliss to set aside money to put in the curbs after the Council went through the process to change the standard. Mayor Nicoli spoke to eliminating the sidewalk from the LID totally and reducing the bond amount. Mayor Nicoli summarized the discussion as all Councilors were in favor of revisiting the standard to create more flexibility in it. He mentioned two options for Mr. Corliss' situation: ask Mr. DeHaas, the LID engineer, to resolve the problem or remove the sidewalk from the LID and ask Mr. Corliss to bond the completion of the sidewalk within six months of the change to the standard. Councilor Moore mentioned his concern with the placement of the underground utilities without the sidewalk. Mr. Corliss pointed out that it would cost more to put in the sidewalk later. He confirmed to Mayor Nicoli that he was only one of the property owners on his side of the street, and that he was not making this request for any of his neighbors. Mr. Duenas said that staff had Mr. DeHaas look at this situation. He said that one option was to avoid the cuts and fills entirely by building a keystone wall at the sections with two feet of cut or fill. He said that the other option was to get a slope easement, adjust the fences, and do some relandscaping on the top. He indicated that the slope easement option was cheaper but the keystone wall option could avoid the problem entirely. Mr. Corliss stated that the retaining wall cost $10,000. He said that if they moved the sidewalk streetside, they would like it better and find it less expensive. He said that of the two options, the option of the keystone wall was best. He stated that he did not want to give a slope easement. He mentioned another issue of staff asking him for additional land for the handicapped access at the two corners, land that he did not want to give. Councilor Moore declared that he talked with Mr. DeHaas on another issue and this situation came up in the conversation. He mentioned a safety issue of street lighting set behind the CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 10 sidewalk and not reaching the street itself. He reported Mr. DeHaas' concern with regard to the placement of utility vaults and conduits. He indicated that PGE has put them beneath sidewalks before in the City of Tigard. Mr. Duenas mentioned that street trees were a problem area if located near the curb. If they moved them back, then they might have some flexibility. Mayor Nicoli asked if staff had sufficient direction to work something out with Mr. DeHaas and Mr. Corliss. Mr. Duenas mentioned a meeting between staff, Mr. DeHaas, and Mr. Corliss yesterday to discuss various issues. He said that the wall made sense to him, if Mr. Corliss did not want the landscaping disturbed on the top. He. indicated that the City would take what land it needed for the handicapped corners. Mr. Corliss disagreed that the City needed the additional land if it installed curb-tight sidewalks. Councilor Moore suggested a design to solve the problem at the corner. Mr. Duenas said that they could implement the Councilor's suggestion. Mr. Duenas supported installing the keystone wall but leaving the sidewalks where they were at the back. Mayor Nicoli noted that Mr. Corliss has asked to move the sidewalks forward, thus eliminating the need for the keystone wall. Councilor Moore reiterated his concerns with locating the utilities. Councilor Scheckla mentioned his concern that Mr. Corliss be compensated for any property taken by the City. The Council agreed that Mr. Corliss would be compensated fairly, in the event that the City needed the sliver of land for the corners. Mr. Corliss clarified that his proposal would require some keystone work but considerably less than Mr. Duenas' proposal. Councilor Hunt asked Mr. Duenas what his objections were to moving the sidewalk forward, other than the adopted standards. Mr. Duenas said that his main objection was that changing the design after the bid left the City open to more expensive costs. He said that staff has not discussed this with the contractor yet. He noted Mr. DeHaas' concern with the utilities also. Councilor Hunt supported staff contacting the contractor to discuss costs and potential problems. Mayor Nicoli concurred but supported pulling the sidewalk out of the design entirely. He said that if Mr. DeHaas reported that unreasonably high costs were needed to make this work, then the issue was back on the table. Councilor Hunt asked if they had two to three weeks within the time frame of the LID project. He acknowledged the desire to get the LID done as soon as possible. Mr. Corliss said that he had no time constraints; the time constraints were on the Specht project. Todd Schaeffer, Specht Development, stated that, per the conditions on their development, they had no guarantee of receiving an occupancy permit until completion of the LID. He said that their goal was to finish the project by the end of December. Mr. Duenas said that staff hoped to complete the street portion by mid-September. Councilor Patton supported staff going back to the contractor, citing the utility concerns. Councilor Scheckla concurred. He discussed his hope that they could find a way to make this work for everyone. He reiterated that they needed flexibility, not a stringent uniform standard. Councilor Hunt pointed out that this resolution might help Mr. Corliss but hurt Mr. Specht. He spoke to finding a way to accommodate both of them. CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 11 Mayor Nicoli summarized the Council discussion as a consensus to facilitate Mr. Corliss' request. He mentioned bringing in Mr. DeHaas and the contractor to see if there was a way to do it. He commented that if there were major problems, then the Council would have to deal with them. He asked staff to return to Council at next week's Council meeting with its report. He noted that the Council has agreed to review the standard. Mr. Duenas pointed out that the solution of the retaining walls would not touch Mr. Corliss' property other than to match the existing slope. He said that he was not certain what the Council was asking him to do. He said that if the direction was to move the sidewalk to the curb, that was fine. Mayor Nicoli reviewed the issue as Mr. Corliss wanting all the sidewalks along his property moved to the curb (allowing a small keystone wall where necessary) versus staff wanting to pull the sidewalk to the back and install keystone walls at the property line. He stated that Council wanted to facilitate Mr. Corliss' request but it also wanted staff to contact Mr. DeHaas and the general contractor to discuss facilitating the request without creating undue difficulties. Mr. Duenas asked if the street trees could be moved back. Mayor Nicoli said yes. Mr. Duenas pointed out that they would be an obstacle. Mayor Nicoli asked staff to schedule their report for next week's workshop. Mr. Corliss noted that he would-be out of town but his wife could attend. Mrs. Corliss asked if the other two property owners on their side of the street could attend next week's meeting. Mayor Nicoli said yes, and encouraged anyone with concerns to express them both to staff and to the Council immediately. He mentioned that the City was under a time constraint to get this project done. Mayor Nicoli assured Mr. Schaeffer that the City would draw a deadline on requests from property owners who wanted a similar change. Mr. Hendryx noted that if the City changed the standard unilaterally for the whole street, then they needed to talk about how to do that. He said that a change to the standard was a variance. He commented that the standard allowed some flexibility to meander the sidewalk but he questioned whether staff had the authority to unilaterally change the street. Mr. Duenas said that he personally would like to see flexibility in the standard. 9. REVIEW PROPOSED RESOLUTION MODIFYING THE METRO GREENSPACES RESOLUTION - Canceled. 10. COUNCIL LIAISON REPORTS - None. i 11. NON-AGENDA ITEMS - None. i a CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 12 12. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 10:12 p.m. under the provisions of ORS 192.660(1) (d), (e), (f), (g), and (h) to discuss labor relations, real property transactions, exempt public records, current & pending litigation issues. 13. ADJOURNMENT: 11 p.m. Attest: rMWheatley, City Rec rder Wor, City of Iligard Date: Of~/ ~r9 1: W D (MCAT H'AC C M\990615. D O C CITY COUNCIL MEETING MINUTES -JUNE 15, 1999 - PAGE 13 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9 4 2 6 BEAVERTON, OREGON 97075 Legal Notice Advertising *City of Tigard ® ❑ Tearsheet Notice 13125 SW Hall Blvd. ®Tigard, Oregon 97223 ° ❑ Duplicate Affidavit *Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, )SS. COUNTY OF WASHINGTON, )ss. 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thd'' - roes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti cra rd in the aforesaid county p v state' that the City Council Meeting a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONF successive and consecutive in the following issues: June 10,1999 Subscribed and sworn to fore me thisl 0 t-h d a3t n f June , 19 9 9 OFFICIAL SEAL ROBIN A. BUROESS Not ublic for Oregon NOTARY PUBLIC-OREGON COfAt AISSION N0. 062071 My Commission Expires: Ipf CO;j,,IjSS10N EXPIRES MAY 16, 2001 AFFIDAVIT - a _ The following meeting highliYs ark published for your information'. Full agendas maybe obtained from the City Recorder, 13125 SW Hall i Boulevard, Tigard, Oregon 97223, of by calling 639-4171. TIGARD CITY COUNCIL MEETING AND LOCAL CONTRACT REVIEW BOARD MEETING ► June 15, 1999 - 6:30 P.M. TIGARD CITY HALL -T,OWN:HALI<;.:.:. 13125 SW HALL BOULEVARD, TIGARD, OREGON Repolu and updates to Council on the following topics: Update: Facility Compliance with Americans with Disability Act * Update: Y2K Readiness * Review: Tualatin Valley Community Access Funding Resolution * Update: Temporay Signs Code Provisions/Enforcement * Discussion: Water Options and the Elections Process * Executive Session- M426 M426 -Publish June 10, 1999. 1 ► a AGENDA ITEM # FOR AGENDA OF Co • 15 • G9 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Public Education and Government (PEG) Access Franchise Fee Support PREPARED BY: Liz Newton y DEPT HEAD OK r CITY MGR OK ISSUE BEFORE THE COUNCIL The City's Franchise contribution for PEG Access over the next 15 years. STAFF RECOMMENDATION Discuss the attached resolution authorizing an amendment an of Intergovernmental Agreement between MACC and the member jurisdictions and authorizing a 17% Franchise Fee contribution. INFORMATION SUMMARY Attached is a memo that explains resolution 99-02 adopted by the MACC Board on May 19, 1999. Resolution 99-02 increases MACC's contribution to the designated PEG Access provider from 10% to 12% effective July 1, 1999 and recommends that member jurisdictions contribute 5%. The jursidictions would retain 58% of franchise fees, up from the current 57%. All member jurisdictions must adopt the amendment to the MACC agreement or it will not take effect. OTHER ALTERNATIVES CONSIDERED 1. Direct staff to modify the resolution to contribute less that 17% of franchise fees but a minimum of 15% to PEG Access. 2. Direct staff to prepare a resolution to contribute franchise fees at a level higher than 17% to PEG Access. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life Volunteerism Goal #2. "Citizen involvement opportunities will be maximized by providing educational programs on process, assuring accessibility to information, providing opportunities for input and establishing and maintaining a program of effective communication." FISCAL NOTES Fiscal inpacts on the City depend on the level of franchise fee support provided. It is estimated that Tigard would pay $46,549.00 at the 17% level retaining $158,815.00 or 58% of the City's share of total franchise fees collected (see tables attached). S 1 , MEMORANDUM TO: Honorable Mayor and City Council ' T FROM: Liz Newton, Assistant to the City Manager (/1 z- RE: Public, Education and Government (PEG) Access Contract DATE: June 7, 1999 Background At the May 11, 1999 meeting, City Council reviewed the issues related to the renewal of PEG Access for cable television. After discussion, consensus of the Council was as follows: ® Support scenario B (revised/as proposed by TVCA). ® Invite other cable access providers (besides TVCA) to submit proposals for service. TVCA should not assume large portions of the incidental payment and capital grant dollars to fund their operation. ■ TVCA should reconsider their proposal to purchase a building. Franchise Fee support of 15-17.5% is acceptable. A copy of the Council meeting recap that summarizes the Council's discussion is attached. MACC Action At the May 19 MACC Board meeting, MACC member jurisdictions voted to approve Resolution 99-02 recommending an amendment to the MACC Intergovernmental Agreement (IGA) to continue the contribution of additional franchise fee revenue to MACC's PEG Access providers (currently TVCA). { In the resolution (copy attached), the Board agrees to increase MACC's contribution to the designated access provider from 10% to 12% effective July 1, 1999. In addition, the Board recommends that the member jurisdictions contribute an additional 5% for a total of 17%. The resolution further encourages jurisdictions to contribute more than 17%. It is important to note that the percentage of franchise fees retained by each jurisdiction would actually increase from 57% to 58% under this scenario. This is because the MACC Budget Committee and staff recommend a reduction for MACC operations from 28% to 25% of franchise fees. The other MACC jurisdictions did not support Tigard's suggestion that other cable access providers be invited to submit proposals for service. However, resolution 99-02 approved by the MACC Board is not a contract with TVCA. Contract negotiations will begin later in June. The funding assumptions made by TVCA regarding the incidental payments and capital grant dollars will be addressed by the MACC Board under separate actions. TVCA is also exploring other options regarding purchasing a building that will be reviewed by the MACC board this summer. Resolution 99-02 passed by majority vote. Lake Oswego, North Plains and Councilor Scheckla representing Tigard, voted no. The no votes were in response to discussion that jurisdictions should have the option of lower funding levels. Lake Oswego, for example, suggested a 12% option. This would allow jurisdictions to choose from a range of franchise contribution levels to accommodate various financial situations. A majority of the Board did not support a franchise fee contribution of less than 15%. Wilsonville Since the May 19, 1999 MACC meeting, MACC staff has informed us that Wilsonville intends to withdraw from MACC. Apparently, Wilsonville will administer its own cable television contract and will continue to receive PEG Access Services under a separate agreement. Wilsonville will make a formal request at the MACC Board meeting on June 9, 1999. Any new information will be presented to Council on June 15. Council Action Attached is a resolution for Council consideration at the June 22 meeting. The resolution, if approved does two things. First, it amends the MACC Intergovernmental Agreement to reflect the distribution of franchise fee revenues and outlines a process for continued contributions through 2014. Second, it sets the City of Tigard franchise fee contribution at 17%. The franchise fee contribution can be changed to a minimum of 15% or as high as Council chooses. All of the MACC member jurisdictions must approve the amendment to the Intergovernmental Agreement or it does not take effect. i 7 Jim Coleman of the City Attorney's office has reviewed MACC Resolution 99-02 and the draft resolution for Tigard. A memo with his comments is attached. i:tadmuizVnatanemo000789,doc 3 a a -LimultDI-LA1' Y b'1'1t11j tuts ouppart 059m o1 pap'! ShOtf Potential Support Levels for TVCA from MACC Jurisdictions For the MACC and Washington County Franchises Combined for FYOO Only 5.096 Franchise Revenue Revenue 5% Franchise Fee ElaM1nated; Proposed Jurisdiction Shares Fyoo increase from 57% MACC Estimate for FYOO Only $41,076,369 $2,053,818 Sherwood for WACO Estimate for FYOO Only $8,495,413 $424,771 t0 58°~% with Access level at 17% Total for FYOO Only , FYOD Aim SJ18J9910 35 AM ortts at t9~L Formerly thru Orig Jisbdk3ion Total JsafsdicJiorl Cost of Total Jurisdiction Franchise Fees MACC Support Level Access Support at additional Access Support at 00096 17.00095 2.0009(, 19.00096 100.000% 12.00096 5. Fa7 JURISDICTION 13ANKS 0.2% $ 4,094 $ 491 $ 205 $ 696 $ 82 $ 778 BEAVERTON 16.4% $ 337,311 $ 40,477 $ 16,866 $ 57,343 $ 6,746 $ 64,089 CORNELIUS 2.1% $ 42,619 $ 5,114 $ 2,131 $ 7,245 $ 852. $ 81098 DURHAM 0.3% $ 6,110 $ 733 $ 306 $ 11039 $ 122 $ 1,161 FOREST GROVE 4.2% $ 87,267 $ 10,472 $ 4,363 $ 14,835 $ 1,745 $ 16,581 GASTON 0.5% $ 10,968 $ 1,316 $ 548 $ 1,865 $ 219 $ 2,084 HILLSBORO 15.5% $ 317,752 $ 38,130 $ 15,888 $ 54,018 $ 6,355 $ 60,373 KING CITY 1.2% $ 24,975 $ 2,997 $ 1,249 $ 4,246 $ 500 $ 4,745 LAKE OSWEGO 13.6% $ 279,317 $ 33,518 $ 13,966 $ 47A.84 $ 5,586 $ 53,070 NORTH PLAINS 0.3% $ 6,868 $ 824 $ 343 $ 1,168 $ 137 $ 1,305 RIVERGROVE 0.1% $ 2,008 $ 241 $ 100 $ 341 $ 40 $ 382 TIGARD 13.3% $ 273,819 $ 32,858 $ 13,691 $ 46,549 $ 5,4776 $ 52,026 TUALATIN 6.6% $ 135,996 $ 16,319 $ 6,800 $ 23,119 $ 2,720 $ 25,839 WASH CO (note 1) 25.5% $ 949,485 $ 113,938 $ 47,474 $ 161,412 $ 18,990 $ 180,402 TOTALS 100.000096 $ 2,478,589 $ 297,431 $ 123,929 $ 421,360 $ 49,572 $ 470,932 Note 1: Wash County share of MACC revenue is 25.5%. Wash County share of WACO revenue is 1009& This chart assumes that the County will support TVCA at a single level, equal for both franchises. Explanation: Estimated franchise fee amounts for FYOO far both franchises combined (MACC and Washington County alts "WA001 TVCA support from MACC, currently at 15%, is composed of two elements: 1- 90% of the MACC share of franchise fees, which is per the MACUNCA Contract which expires 06130198. 2- 5% Which comes from each judsdictioWs share per MACC Resolution 9", which also expires 05130198. MAWS franchise fee allocation is currently 28%. MACC is able to reduce Ws share to 25% for FY00. tvca swpW 05199.9 01 ShwI2 Paps 1 Potential Franchise Fee Allocations for MACC Jurisdictions For the MACC and Washington County Franchises Combined for FYOO Only 5.0% Franchise Revenue Revenue 50A Franchise Fee Eliminated: Proposed Jurisdiction Shares MACC Estimate for FY00 Only $41,076,369 $2,053,818 Sherwood for FY00 increase from 570A WACO Estimate for FY00 Only $8,495,413 $424,771 Ito 58°:o With Access level at 170/. Total for FY00 Only , W09 10-51 AM Cunwd fFYN1 A % FYOO If PEG Support Is If PEG Support is if PEG Support Is FY99 PEG Support is (WACO Support Is) Franchise Fees 12.000% 17.000% 19,000% 15.000% 17.500% 100.000% Jurisdiction Share is Jurisdiction Share is Jurisdiction Share is Jurisdiction Share is (WACO Share is) JURISDICTION 0A of Total 63. 58 56. 57. 54, BANKS 0.2% $ 4,094 $ 2,579 $ 2,375 $ 2,293 $ 2,334" BEAVERTON 16.4% $ 337,311 $ 212,506 $ 195,641 $ 188,894 $ 192,268 CORNELIUS 2.1% $ 42,619 $ 26,850 $ 24,719 $ 23,866 $ 24,293 DURHAM 0.3% $ 6,110 $ 3,850 $ 3,544 $ 3,422 $ 3,483 FOREST GROVE 4.2% $ 87,267 $ 54,978 $ 50,615 $ 48,869 $ 49,742 GASTON 0.5% $ 10,968 $ 6,910 $ 6,362 $ 6,142 $ 6,252 HILLSBORO 15.5% $ 317,752 $ 200,183 $ 184,296 $ 177,941 $ 181,118 KING CITY 1.2% $ 24,975 $ 15,734 $ 14,486 $ 13,986 $ 14,236 LAKE OSWEGO 13.6% $ 279,317 $ 175,970 $ 162,004 $ 156,417 $ 159,211 NORTH PLAINS 0.3% $ 6,868 $ 4,327 $ 3,983 $ 3,846 $ 3,915 RIVERGROVE 0.1% $ 2,008 $ 1,265 $ 1,165 $ 1,125 $ 1,145 TIGARD 13.3% $ 273,819 $ 172,506 $ 158,815 $ 153,338 $ 156,077 TUALATIN 6.6% $ 135,996 $ 85,677 $ 78,877 $ 76,158 $ 77,518 WASH CO (note 1) 25.5% $ 949,485 $ 598,176 $ 550,701 $ 531,712 $ 530,587 TOTALS 100.0000% $ 2,478,589 $ 1,561,512 $ 1,437,582 $ 1,388,010 $ 1,402,177 Note 1: Wash County share of MACC revenue is 25.5%. Wash County share of WACO revenue is 1009& This chart assumes that the County will support TVCA at a single level, equal for both franchises. Explanation: Estimated franchise fee amounts for FY00 for both franchises combined (MACC and Washington County aka "WACa) TVCA support from MACC, currently at 15%. Is composed of two elements: f 1-10% of the MACC share of franchise fees, which is per the MACCrTVCA Contract which expires 000i139. ` 2- 5% which comes from each jurisdiction's share per MACC Resolution 94-8, which also expires 08130/99. MACC's franchise fee allocation is currently 28%. MACC is able to reduce it's share to 25% for FY00. i i i AP C'®~/~lc%lge~'flie Meeting Of 51-11199 pi5CUS5ion Points memo t e sta cit Manager Newton rev 'ewe the TVCA Prepo Acti on Ta en to t e The Council discussed Assistant city council. concerns T° iC Discussion an with the with frol m the for PEG access. l outlineb~ ,ding purchase. Stu y session; direction noted ,check a and a ty Counci as discussion, Councilor capital funds for a osed Public ci dvised he Prop Col umn purri ng ng proposal to use concerning Nom' E t to N~ in ous issues commitmen ducation and EG) is neXt cussion points). the TVCA revishorter-term Government C He referred too see a of Councilor Tualatin would prefer validity S he checks and balance ervices Gable ed the t valley ACCe55 Patton ac. hoWeder, she noted including councilor limitations olitan n/Cp 5checkla s concerns; available through the COnunder the GOngoard f the Metr port review) M -CC) noting financial rerevised), Area communication s c°mmiss,on opted scenarifuall time monitions. Patton said she sump additional roviders to Councilor P- tant about creating other cable access p she advised she did was In addition, she robleforiservice- ing that include large TVCA she saw noo powls rant s do laprrssa ° submit p he assumptions made and capital 9 not like of the incidental payment She noted concerns about TVCA portions. on, fund their eaerati buildi onng noting to purchase ort for this scenara punts (share of council id not suPP funding am also did not or 5checkla TVCA TVCA s assume from MACC). Tie the purchase of a concerns about fees passed on to . grant amount for franchise cap support the large 'n statement of building. 17.5% concurred with coun~~e°share support tt° T`1cA of 15- added that a franchise o and Moore the issue at this or Hunt advised he would not comment on Councilor acceptable. time. agreed with councilor Patton. Mayor Nicoll advised that he r Council eedag Recap Meeting Of 51.1-11-0 pa e l Te is Action Taken Discussion Points Study Session: Discussion an Assistant to the city Manager Newton reviewe t e sta memo Proposed Public direction from the with the city council. The council discussed the TvcA proposals Education and city council as noted for PEG access. Government (PEG) in next column During discussion, councilor scheckla outlined his concerns with services - Tualatin (discussion points). the TvcA proposal to use capital funds for a building purchase. valley Access cable He referred to previous issues concerning TvcA and advised he (lVCA) would prefer to see a shorter-term commitment to TvCA. councilor Patton acknowledged the validity of councilor scheckla's concerns; however, she noted the checks and balances available through the contractual limitations (including financial report review) under the control of the metropolitan Area communications commission (MACC) Board. Councilor Patton said she supported Scenario B (revised) noting she was hesitant about creating additional full-time positions. ? she saw no problem with inviting other cable access providers to j submit proposals for service. In addition, she advised she did_ not like the assumptions made by TvcA that include large portions of the incidental payment and capital grant dollars to fund their operation. she noted concerns about TvCA's proposal F s to purchase a building. councilor scheckla did not support this scenario, noting? concerns about TVCA's assumptions for funding amounts (share of s franchise fees passed on to TVCA from MACC). He also did not ' ,j suppport the large capital grant amount for the purchase of a building.; councilor Moore concurred with councilor Patton's statement of j support and added that a franchise fee share to TvcA of 15-17.5% - was acceptable. councilor Hunt advised he would not comment on the issue at this r time. d Mayor Nicoli advised that he agreed with councilor Patton.' ~ti. Resolution 99-02, p. 2 WHEREAS, the support level chosen by each member jurisdiction would become effective beginning July 1, 1999, and automatically renew for periods of three years unless an individual jurisdiction decided to invoke the option available under §6.E (3) of the MACC IGA to give prior notice to reduce or increase its contributions in any fiscal year; and WHEREAS, a redistribution of the member jurisdictions' franchise fee revenues requires the amendment of the MACC IGA, as it is currently written; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION that it recommends to its member jurisdictions: To consent to and authorize amendment of the MACC Intergovernmental Cooperation Agreement to distribute a portion of the franchise fees revenues of each member jurisdiction to MACC's PEG Access Provider by replacing Subsection 6.E. of the current IGA with the following: Section 6. E. (1) MACC recommends a jurisdictional PEG contribution of 17% of the franchise fee revenues. Jurisdictions may individually choose to provide a higher level of support in any amount. They may also choose to provide a minimum of 15%. (2) Franchise fee contributions to the Access Provider from all jurisdictions shall automatically renew for three-year periods on July 1, 2002, 2005, 2008, and 2011, unless, prior to the immediately preceding January 1, a jurisdiction gives written notice to MACC of its intention to reconsider the renewal. In such case, renewal shall be suspended until such time as the governing bodies of all member jurisdictions resolve the issue. (3) By giving written notice to MACC prior to the immediately preceding January 1, a jurisdiction providing franchise fee support may reduce, to not less than 15%, or increase its support for the Access Provider for any fiscal year beginning after July 1, 2000, by a decision of its governing body for each fiscal year it chooses to reduce or increase its contributions. ADOPTED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION this 19th day of May, 1999. Evelyn Brzezinski, Acting-Chair law CITY OF TIGARD, OREGON RESOLUTION NO. 99- A RESOLUTION OF THE CITY OF TIGARD AUTHORIZING AN AMENDMENT OF THE INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE METROPOLITAN AREA COMMUNICATIONS COMMISSION AND ITS MEMBER JURISDICTIONS REGARDING DISTRIBUTION OF FRANCHISE FEE REVENUES TO MACC's DESIGNATED PUBLIC, EDUCATION, AND GOVERNMENT ACCESS TELEVISION PROVIDER AND ESTABLISH A FRANCHISE FEE CONTRIBUTION WHEREAS, the City of Tigard is a member of the Metropolitan Area Communications Commission (hereinafter MACC); and WHEREAS, the member jurisdictions of the Metropolitan Area Communications Commission (hereinafter jurisdictions) have entered into an Intergovernmental Cooperation Agreement (hereinafter MACC IGA), and Section 9.E. of that agreement requires that the terms shall not be amended without written authorization of the governing bodies of all of the member jurisdictions; and WHEREAS, the jurisdictions amended the MACC IGA in 1989 to authorize an initial four-year contribution of additional franchise fee revenue to support MACC's Designated Public, Education, and Government Access Provider (hereinafter PEG Access Provider), which is currently Tualatin Valley Community Access; and WHEREAS, in 1994, the jurisdictions again amended the MACC IGA by re-authorizing the additional contribution to support the PEG Access Provider to continue until June 30, 1999; and WHEREAS, the current jurisdictional support level for the PEG Access Provider, expiring on June 30, 1999, is 5% of the jurisdiction's share of franchise fee revenues as a direct contribution combined with MACC's contribution of 10%, which now totals 15% of the total franchise fee revenues received from the cable operator; and WHEREAS, the MACC Board of Commissioners, on behalf of the jurisdictions, have reviewed the future funding needs of the PEG Access Provider under the renewed TCI Franchise Agreement, and recommends that member jurisdictions continue to make a contribution of their franchise fee revenues to the PEG Access Provider; and WHEREAS, the MACC Board of Commissioners agrees to increase MACC's contribution to the designated Access Provider, effective July 1, 1999, from 10% to 12% of the MACC share of the franchise fee revenues; and WHEREAS, the MACC Board of Commissioners recommends that the member jurisdictions each continue to contribute 5% of franchise fee revenues, combined with 12% from MACC's share, for a total jurisdictional support level to the Access Provider of 17% of franchise fees revenues; and WHEREAS, the MACC Board of Commissioners also encourages individual jurisdictions to elect to contribute more than the recommended 17% level to the PEG Access Provider; and WHEREAS, the MACC Board of Commissioners recognizes that some jurisdictions may not be able, at this time, to contribute the recommended amount, and therefore can choose to provide only a 15% PEG contribution; and RESOLUTION NO. 99-_ Page 1 h WHEREAS, the support level chosen by each jurisdiction would become effective beginning July 1, 1999, and automatically renew for periods of three years unless an individual jurisdiction decided to invoke the option available under §6.E (3) of the MACC IGA to give prior notice to reduce or increase its contributions in any fiscal year; and WHEREAS, distribution of the jurisdictions' franchise fee revenues requires the amendment of the MACC IGA, as it is currently written; NOW, THEREFORE, BE IT RESOLVED THAT the City of Tigard hereby consents to and authorizes amendment of the MACC IGA as follows: 1. To replace Section 6.E with the following: E. (1) MACC recommends a jurisdictional PGE contribution of 17% of the franchise fee revenues. Jurisdictions may individually choose to provide a higher level of support in any amount. They may also choose to provide only a 15% jurisdictional PEG contribution. (2) Franchise fee contributions to the Access Provider from the jurisdictions shall automatically renew for three year periods on July 1, 2002, 2005, 2008, and 2011, unless a jurisdiction gives written notice to the Commission prior to the immediately preceding January 1, of action taken by the governing body of that jurisdiction to suspend that renewal. In such case, renewal shall be suspended until such time as the governing bodies of all member jurisdictions take action to make a PEG contribution. (3) A jurisdiction providing franchise fee support may reduce to not less than 15%, or increase its contributions to support the Access Provider for any fiscal year beginning after July 1, 2000, if it gives written notice to the Commission prior to the immediately preceding January 1, of such decision by its governing body for each fiscal year it chooses to reduce or increase its contributions. 2. A contribution of 15 percent of franchise fee revenues to the Access Provider effective July 1, 19999, in accordance with the amendment to the MACC IGA, Section 6.E. 3. The City Recorder is authorized to file an executed true and correct copy of this Resolution with MACC. PASSED: This day of 1999. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard I:%c1tyMdeVe5Vnacc3.d0c RESOLUTION NO.99-_ Page 2 4 ININ Ell NMI RAIViIS CREW RECEIVED C.O.T. CORRIGAN & JUN 81999 BACHRACH, LLP ATTORNEYS AT LAW 1727 N.W. Hoyt Street MEMORANDUM Portland, Oregon 97209 (503) 222-4402 Fax: (503) 243-2944 TO: Liz Newton, City of Tigard FROM: James M. Coleman, City Attorney's Office DATE: June 7, 1999 RE: MACC Resolution 99-02 You have asked me to review MACC Resolution 99-02 and the recommended draft jurisdictional resolution which gives consent to the MACC agreement amendment proposed by 99-02. You asked me to see if the MACC action carries out the direction given by a majority of the Council at its May 11, 1999 meeting. At that meeting the Council reviewed your May 4, 1999 memo which identified the issues surrounding TVCA and MACC, support for the PEG access program. My understanding of the Council's concerns that night is that there were two major areas of focus: funding level for access, and accountability of TVCA. The consensus of a majority of the Council was to support Scenario B (revised), as outlined in your memo, and support funding in the 15-17.5% range. Your May 4, 1999 memo identifies four decisions facing MACC at its May 19, 1999 meeting. Resolution 99-02 addresses only item 2, franchise fee share funding from the jurisdictions. The Resolution i recommends amendments to the MACC agreement that will recommend jurisdictional support at 17% of franchise fee revenue, allowing jurisdictions to choose to provide only 15%. The amendments will allow an opt out upon prior notice, and allows reduction of support to not less than 15% upon prior 3 notice. The "whereas" clauses make clear that the support is 12% of total franchise fees from MACC and 5-7% from the jurisdictions. The body of the actual language speaks in terms of the entire 15-17% being "jurisdictional support". I find that phrasing confusing, but the intent is clear from the Resolution when read as a whole. The draft resolution as proposed by the MACC staff will adopt the recommendation of the MACC Board and is consistent with the position taken by a majority of the Council on May 11, 1999 on the funding issue. Memorandum re: MACC Resolution 99-02 June 7, 1999 Page 2 The Resolution does not attempt to address the other three decision points facing the MACC Board as described on page 7 of your May 4, 1999 memo. One of Councilor Scheckla's major concerns was the accountability of future of access providers, TVCA in particular if it is MACC's choice. You correctly told the Council that the issue of access provider choice, and the terms of that relationship were for future MACC decision making. The consensus of the Council to support Scenario B (revised) included Councilor Patton's support for inviting other access providers to submit proposals. MACC's consideration and decision making on its access program will be implemented by those future actions and are not addressed by this Resolution. Councilor Scheckla's concerns about accountability should also by addressed in the context of that future decision making. From the information you provided I can not tell if that decision making process is underway at this time. If you have any questions concerning my comments please give me a call. I will be on vacation until June 21, but will be checking my voice mail and will respond to any questions you have. jm6acm\90024Mewtonmacc.me 1 i 1 i f SOME; No. JEL. For Council ewsletter dal o LI MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council ® FROM: Liz Newton, Assistant to the City Manager DATE: June 11, 1999 SUBJECT: PEG Access Franchise Fee Support Your City Council packet for the June 15 Workshop meeting includes information for a discussion on PEG Access Franchise Fee Support. At Councilor Scheckla's request, the draft City of Tigard resolution in the packet materials authorizes a 15% franchise fee support level for PEG. Consensus of Council at the May 11 meeting was that Franchise Fee Support of 15-17.5% is acceptable. As explained in your packet materials, the MACC Board recommends a minimum 15% contribution. Washington County I Commissioners approved a 17% contribution on June 8. The City of Lake Oswego intends to authorize a 15% contribution at their meeting on July 20. Other jurisdictions will be taking action over the next four weeks. Councilor Scheckla and I attended the June 9, 1999 MACC Board meeting. A supplemental FY 1999 budget and the FY 2000 Budget were approved, containing a total of $300,000 in incidental fee payments to TVCA (MACCs PEG provider). In addition, the MACC Board voted to extend TVCA's contract for PEG Access services for three months with minor revisions to the performance standards. A new contract for PEG Access Services with Memo to Council - PEG Access Franchise Fee Support Page 1 - 6/11/99 performance standards that reflect Scenario B proposed by TVCA will not be in place before MACC jurisdictions take action on Franchise Fee contributions. At the May 11 Council meeting, consensus was to support Scenario B for PEG Access, that TVCA should not assume large portions of the incidental payment to fund their operation, and that Franchise Fee support of 15- 17.5% is acceptable. At the June 9, 1999 MACC Board meeting, Councilor Scheckla and expressed concerns of Council regarding the use of a large portion of the incidental payment to fund TVCA's operations. We suggested that since the. incidental fund dollars are discretionary, it would be appropriate to *at least review other needs before making a decision. The MACC Board authorized payment of $300,000 in total to TVCA in four installments of $75,000. Franchise Fee support at 15% would maintain the City's current contribution to PEG Access funding. A new PEG Access provider contract should include performance standards that reflect Scenario B supported by the City. After the first year, PEG Access provider performance could be evaluated against the contract standards and the City could decide to increase Franchise Fee support or maintain the current 15% contribution. The City may adjust its Franchise Fee contribution every year as long as a minimum 15% is contributed and MACC is provided adequate notice of any change. If the City contributes 15% to TVCA or $41,072.85, 60% or $164,291.40 would be retained by the City. For a 17% contribution or $46,549.23, the City would retain 58% or $158,815.02. EAN1jh n N 5 \\TfG 333\USRIDEPTSIADM+LIZ061099-1. DOC Memo to Council - PEG Access Franchise Fee Support Page 2 - 6/11/99 AGENDA ITEM # FOR AGENDA OF 6/15/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Y2K Ubdate PREPARED BY: Loreen Mills DEPT HEAD OK MGR OK ISSUE BEFORE THE COUNCIL Receive update on City's Y2K efforts. STAFF RECOMMENDATION Staff would appreciate any observations or suggestions Council may have about the Y2K effort to date. INFORMATION SUMMARY The City has been actively addressing the potential of Y2K issues for a number of months. The City's mission is "to assure that the millennium change will have minimal impact on the critical business operations of the City of Tigard." The City's Y2K Task Force is comprised of staff from each department. Critical City programs relying on technology have been identified and prioritized. Each department is developing a "Business Continuation Plan" which identifies how the department will continue to provide services if: Systems will not be Y2K ready by 10/99; ➢ We doubt the validity of a projected completion date or we are not able to "test" a system we depend on; ➢ There is failure of a system reported to be Y2K ready; ➢ We believe any City vendor may cause disruptions in their service to us 1/2000 and beyond. Essential City systems and services will be prepared for January 1, 2000. The City's web site is periodically updated with new information about the City's readiness efforts. Staff will share updated information at the Council meeting about specific systems and their readiness status. OTHER ALTERNATIVES CONSIDERED Take no action - wait and see if there are problems VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Y2K is not addressed specifically within the City's Vision, however, the efforts towards our vision will not continue if the City is not prepared for Y2K challenges. FISCAL NOTES The 99-00 budget contains $116,795 in expenditures, which are identified to meet Y2K readiness needs. Lm/hJdocs/y2k/CC 6-15 sum.doc (oA 1419 12)r G rYI toN ConnoddWed Y2K 3ey i Considerable information is available regarding the Y2K problem and its potential impacts. The problem is real, and if unaddressed, Taking it one step can lead to disruption of many services and systems we depend ? Y2K on every day. Government and business are well aware of the ' problem and have been working for years to identify and correct all systems susceptible to disruption. Those efforts have resulted in very positive improvements in Y2K readiness. Despite those efforts, however, the potential for limited disruptions remains and prudent preparedness actions should be considered. The extent of those preparedness activities should be decided individually VIM based on information provided by business and government and on individual assessments of Y2K impacts. The purpose of this flyer is to provide information that will assist in the assessment of individual Y2K impacts and to suggest activities that will enhance INDIVIDUAL PREPAREDNESS for Y2K disruptions. Many of these activities are similar to those recommended when preparing for a severe winter storm or other emergency event. The Problem: The Year 2000 technology problem, or "bug" as it is sometimes called, stems from actions taken by computer programmers in the early days of computer development. To save limited memory space in computer programs, two-digit codes were used for year dates (e.g., 87) rather than normal, four-digit year dates (e.g., 1987). The two-digit codes were also used in computer chips that were "embedded" in equipment such as elevators, ATMs, and VCRs to control system operations or manage system processes. Computer programs and embedded chips with two-digit year codes will not be able to distinguish between the years 1900 and 2000 when they process time-sensitive calculations or comparisons. This flaw may or may not cause disruptions in the computers or equipment housing the programs or chips. The nature and extent of any disruption that does occur will depend primarily on the function of the year code in the system. The Potential Impact: The computer systems, equipment, and devices that are considered most at risk to disruption are listed in the next section on individual Y2K assessments. The impact of failure or disruption of these systems or devices can range from merely annoying to very threatening depending on the situation. Completing the individual assessment should help identify the 1AAMI scope and potential impact of any disruptions for most individuals. Individual Assessment Preparedness Checklist Think through daily routines (weekday and Develop and implement a preparedness plan to weekend) and identify systems and services address any problems identified in the individual that may be impacted by the Y2K problem: assessment. ❑ Utilities: gas, electric, water, sewer, cable, Pay attention to Y2K information being telephone distributed by uitilky providers. ❑ Furnace (Is there heat without power?) Check the Y2K readiness of equipment ❑ Special health care equipment used at howl with the equipment ❑ Alarm clocks manufacturers. ❑ Cellular phones Identify manual back-ups or workarounds ❑ Pagers for systems that may be disrupted. ❑ Elevators Stock disaster supplies (including food and ❑ Traffic and rail crossing signals/devices water) to last a week for every household ❑ Electronic locks member. ❑ Garage door openers Keep fuel tanks near full. ❑ Fire and security alarm systems Have extra cash on hand. ❑ Programmable thermostats Refill prescriptions. ❑ Kitchen appliances Maintain a supply of light sticks or ❑ ATMs, banks, and credit card transaction flashlights and batteries. services Have extra blankets and winter clothes for ❑ Pharmacy services warmth. ❑ Gas stations Evaluate the need for alternate means of ❑ Consumer electronics (computers, TVs, power, cooking, and heating. camcorders, faxes, VCRs, DVD players) Back-up important computer files. Obtain a current credit report. Keep copies of important legal, financial, and medical records including pay stubs and credit card statements. Ensure smoke detectors have fresh batteries for primary or backup power. SPECIAL CONSIDERATIONS Call 9-1-1 only to report life-threatening emergencies. - Resist the temptation to check all phone, cell phone, fax, and Internet services immediately at the start of the new year. • Do not store fuel in unapproved containers or in dangerous locations. For family members that are away from home, establish a specific time and/or place to check- in to ensure that all is well. - Should utilities fail, take care of individual and family needs first, then check on neighbors. - If traffic signals fail, remember to treat the affected intersections as four-way stops. • Plan family activities for children who may be without television, video games, or computers. • Make friends with an amateur radio operator or get licensed to become one! Make sure you have a battery-operated radio with fresh batteries. In the event of a power outage or other system disruption, listen to your radio for additional information and instructions. For further Information, contact the Office of Consolidated Emergency Management for Washington County at (603) 648-8577 or visit the Washington County Website at http:itwww.co.washington.or.untocemlemg_prep.htm AGENDA ITEM # ` FOR AGENDA OF 6/15/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE AD acili Compliance Update PREPARED BY: Loreen Mill y DEPT HEAD OK WM d&YMGROK ISSUE BEFORE THE COUNCIL Receive update on City's ADA Compliance for City buildings. STAFF RECOMMENDATION Be prepared at the 6/22 Council meeting to "Receive & File" report. INFORMATION SUMMARY The Americans with Disabilities Act became effective 1/26/92 and extends federal civil rights protection in several areas to people who are considered "disabled". The act states its purpose as providing "a clear and comprehensive national mandate for elimination of discrimination against individuals with disabilities." The ADA prohibits the City from excluding people from jobs, services, activities or benefits based on disability. The ADA requirements were divided into five titles. This report Council addresses requirements in Title II - Public Services & Transportation. This title prohibits state and local governments from discriminating against disabled people in their programs and activities. This title also requires cities to conduct self evaluations, name an ADA coordinator, adopt a grievance procedure, develop transition plans for structural changes, provide program accessibility with non-structural changes, and take affirmative steps to ensure accessible communications. On January 26, 1993, the City published its first ADA self evaluation and transition plan. The City has been implementing this plan since that date. In 1998 & early 1999, the City conducted a second self evaluation to make sure that Tigard's existing facilities and buildings achieve the ADA's purpose. Attached is a copy of the report highlights including: grievance procedures and the transition plans for each facility for structural and non-structural modifications. OTHER ALTERNATIVES CONSIDERED Take no action to comply with ADA regulations. Respond only on a complaint basis. _ VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY While ADA compliance is not addressed specifically within the City's Vision, the ability to provide access to services and information for citizens with disabilities who wish to participate in vision tasks is important. FISCAL NOTES Dollar amounts are not known at this time except for the expenditure budgeted for 1999-2000 fiscal year which amount to approximately $103,725. ~=Mmj A DA SELF-EVALUATION TRANSITION PLAN Alff Mff p dqmww a te"... City of Tigard, Oregon June 22, 1999 TABLE OF CONTENTS Page Numbers Introduction What is the ADA and why is an update to the City's Plan needed? I ➢ City's Statement of Compliance i Updated grievance procedure ii Compliance Reviews for Buildings ➢ City Hall/Po/ice Department 13125 SW Hall Blvd. CHP 1-36 City Hall Modular Units 13125 SW Hall Blvd. CHM 1-20 ➢ Library 13125 SWHaII Blvd. L 1-18 ➢ Niche Offices 8720 SW Bumham Street N 1-12 ➢ Water Building 8777 SW Bumham Street W 1-35 ➢ Leased House 9020 SW Bumham Street Bur 1-16 ➢ Public Works Offices & Shops 12800 SWAsh Avenue Ash 1-25 A Senior Center 8815 SW O'Mara Street SC 1-29 Water Offices/Shop 10490 SW Canterbury Street Can 1-26 Compliance Reviews for Signage ➢ Building signage Sign 1-7 ➢ City HalUPolice Department 13125 SW Hall Blvd. ➢ City Hall Modular Units 13125 SW Hall Blvd. Library 13125 SW Hall Blvd. ➢ Niche Offices 8720 SW Bumham Street Water Building 8777 SW Bumham Street Public Works Offices & Shops 12800 SW Ash Avenue ➢ Senior Center 8815 SW O'Mara Street Compliance Reviews for Parks ➢ Park Philosophy & Priorities All parks Pk 1 ➢ Park Facility Evaluation Summary All parks Pk 2-12 Transition Plan TP 1-12 (Listed by facility as noted under Compliance Review area) Appendix ➢ Architectural & Transportation Barriers Compliance Board ADAAG updated 1113138 Buildings & Facilities; State and Local Govemment - 36 CFR Part 1191 ➢ Architectural & Transportation Barriers Compliance Board ADAAG updated 1/13/98 Building Element Design for Children's Use - 36 CFR Part 1191 INTRODUCTION WHAT Is THE ADA? The American's with Disabilities Act of 9990, the ADA, was enacted on 712619990. The ADA extends to people with disabilities similar civil rights protections available on the basis of race, color, national origin, sex and religion through the Civil Rights Act of 9964. A person with a disability is an individual that has a physical or mental impairment that substantially limits a major life activity, has a record of such a disability or is regarded as having a disability. WHY IS AN uPDATE WEEDED? All local governments must ensure that access to their programs, services and activities are conducted in such a way as to not discriminate against a person with a disability, as defined in the ADA. Title N of the ADA requires local and state governments to: conduct self-evaluations; name an ADA coordinator, adopt a grievance procedure; develop transition plans for structural changes; provide program accessibility with non-structural changes; take at6rmative steps to ensure accessible communication; and maintain and retain riles about the ADA compliance efforts. The City of Tigard published its first self-evaluation & transition plan report on January 26, 1993. Since that time, the City has been committed to ensuring those programs, services and activities are provided in the most accessible way possible. The City desire to make sure structural changes in the properties are identified and completed has resulted in another self-evaluation for City buildings. The transition plan has been updated to identify the steps necessary to complete the modifications to buildings and a time frame for the needed modifications. STATEMENT OF COMPLIANCE FOR CITY OF TIGARD The City of Tigard is committed to the full and complete implementation of the Americans with Disabilities Act of 9990. The City believes in the intent of the ADA, which is to remove the architectural, and attitudinal barriers that prevent equal access to programs, services and activities to people with disabilities. For this reason, the City has undertaken an update to its 1026193 ADA Self-Evaluation & Transition Plan to continue its efforts to remove barriers that prevent access. GRIEVANCE PROCEDURE The City of Tigard has an ADA Coordinator and a grievance i procedure in place. This is to ensure that complaints are handled promptly. Equitable resolution is strived for through the review process. Please contact the ADA Coordinator with i questions or complaints about the ADA compliance efforts. The City's Grievance Procedure is on the following page. 7 LOREEN MILLs, ADA COORDINATOR 93925 SW HALL BLvD., TIGARD, OR 97223 (503) 639-4171 VOICE OR - (503) 684-2772 TDD EMAIL- loreenO .tigard.or.us i AnA GRIEVANCE PROCEDURE The City of Tigard has adopted a grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U. S. Department of Justice regulations implementing Title /I of the Americans with Disabilities Act. Complaints should be addressed to: Loreen Mills, ADA Coordinator, City of Tigard, 13125 SW Hall Blvd., Tigard, Oregon, 97223 - (503) 639-4171- TDD (503) 684-2772, who has been designated to coordinate ADA compliance efforts. 1. A complaint regarding access or discrimination should be filed in writing or verbally. It must contain the name and address of the person riling it, and briefly describe the alleged violation of the regulations. 2. A compliant should be riled within thirty days after the complainant becomes aware of the alleged violation. 3. An investigation, as may be appropriate, shall follow a riling of a complaint The ADA Coordinator or designee shall conduct the investigation. This procedure anticipates informal but thorough investigations, affording all interested persons and their representative, if any, an opportunity to submit evidence relevant to the complaint 4. The ADA Coordinator shall issue a written determination as to the validity of the complaint and a description of the resolution, if any, within 30 calendar days. 5. If the complaint cannot be resolved to the satisfaction of the complainant by the ADA Coordinator, it shall be forwarded to the Hearings Officer. The City will retain the services of a Hearings Officer. The Hearings Officer shall establish ground rules or procedures for hearing complaints, requests, or suggestions from disabled persons regarding access to and participation in public facilities, services, activities, and functions in the City. The Hearings Officer shall hear complaints in sessions open to the public, after adequate notice, in an unbiased, objective manner, and issue a written decision within 30 calendar days of notification. 6. If the complaint can't be resolved to the satisfaction of the Complainant by the Hearings Officer, it shall be forwarded to the City Council. The Council at a public meeting shall hear the complaint A determination shall be made within 30 calendar days from the date of the hearing. The decision of the City Council is final. 7. The ADA Coordinator shall maintain the files and records of the City of Tigard relating to the complaints filed. 8. The right of a person to a prompt and equitable resolution of the complaint riled, hereunder, shall not be impaired by the person's pursuit of other remedies, such as the riling of an ADA -complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies. 9. These rules shall be construed to protect the substantive rights of interested persons to meet the appropriate due process standards, and to assure that the City of Tigard complies with the ADA and implementing regulations. 10_ Time lines referred to above concerning the scheduling of hearings may be extended /f, after reasonable effort and just cation, the hearing cannot be conducted within the 30-calendar day limitation period. 11. All decisions shall be sent by regular mail to the complainant within 30 calendar days of the date of the hearing and shall be retained in the program file. Phone notification shall also be made in cases involving visually impaired individuals. 12. The ADA Coordinator may modify this grievance and appeal process in order to assure equal access to programs, services and activities for people with disabilities. 13. Nothing in this grievance process is meant to be used for any personnel, EEO, or labor agreement grievance procedure for the City of Tigard. Contact the City of Tigard Human Resources Department for further information regarding Title / grievances. II MINE! M~1= BE= Mi PARKS ADA IMPROVEMENTS The City of Tigard developed its philosophy for ADA improvements in the park/greenway areas and priorities for improvements within those areas. Following is a synopsis of the plan. PnmosopHy AND PRIORITIES The City of Tigard Public Works Department is committed to the full and complete implementation of the Americans with Disabilities Act of 1990. The Department believes in the intent of the ADA that is to remove the architectural and attitudinal barriers that prevent equal access to programs, service ; activities to people with disabilities. fly.; ' department will first focus its energy and resources on providing equal access to people with disabilities al our two community parks; namely Cook and Summerlake Parks. They offer the most well rounded set of services, facilities, and programs within our community. These parks are located on the north and south ends of the City and are within 2 miles of any location in the City. The Department will review its plan for greenways and natural areas. This work will begin first in the Fanno Creek Greenway due to its close proximity to the Library and Senior Citizens' Center and its heavy usage. Englewood Greenway will be next due to its existing uses and heavy patron use. No time line has been developed for this work. Finally, the Department will review its plan for neighborhood parks. Due to limited funds and the fact that very little activity is provided at these parks, it is anticipated that the City will provide access to parks at primarily the community park level. No time line has been developed for this work Community parks will have ADA modifications made on the following priority basis: • parking spaces • restroom access • playground access • picnic facilities • auxiliary services (i.e., sport fields, docks, fishing, tennis, concession stands, basketball courts, etc.) The plan will address existing structures, programs and services being brought into compliance with >-I the ADA requirements and any new facilities to be built in compliance. 'T'IMELINE The City's, self evaluation will be conducted in two phases. During 1998, as a part of the development of the Parks Master Plan, a park facility evaluation was completed (see copy of report in this section). During the 1999-2000 fiscal year, an evaluation will be conducted to identify specific ADA needs in the parks. The Transition Plans for each park will be prioritized and developed during the fiscal year 2000-2001. Lm/h:/docs/ada/98-99/park philosophy.doc h CITY OF TIGARD - ADA COMPLIANCE UPDATE ADril 1. 1999 CITY MALL • Public access areas - Includes City Hall lobby & public restrooms in Police lobby, Town Hall room and Red Rock Creek conference room LOCATION11TEM RESPONSIBLE PARTY SCHEDULED fFY) COST EST. • Parking raise signs to correct height Property Manager 1998 DONE change fine amount ($300) Property Manager 1998 DONE • Curb Ramp $ 8,000 modify ramp Building Official at Lib. addition add handrails Building Ofl'icial at Lib. addition • Public Restrooms - Men's & Women's door pressure Property Manager 1999 $ 10 sink faucet pressure Property Manager 1999 $ 10 relocate signs to latch side Property Manager 1999 $ 30 evaluate whether signs can be relocated, if not, to remain in place • Public Restroom (Women's) stall dimensions small Property Manager 1999-00 $10,000 • Public Restroom (Men's) back grab bar installed wrong Property Manager 1999 $ 100 stall lock not accessible Property Manager 1999 $ 100 • Public Counters lower counter Property Manager at major renovation unknown provide interim accessible table of City Hall • Town Hall door pressure Property Manager 1999 $ 10 • Signage install correct signs Property Manager 1999-00 $1,500 (See detailed sign report) • Self Help Computer Table provide accessible table CD Director 1998-99 $ 200 • Emergency Alarms (Prior) install visual alarm system Property Manager 1999-00 $10,000 • Building Emergency Evacuation Plan Risk Manager 1998 DONE Lm/h:/docs/ada/98-99/Cfty Hall-doe -TP -1 CITY OF TIGARD - ADA COMPLIANCE UPDATE April 1, 1999 Modular Units behind City Hall - Employee Areas LOCATIONATEM RESPONSIBLE PAOTY SCHEDULED (FY) COST EST_ • Parking provide a sign for accessible space Building Official at renovation $ 100 Building 1 & 2 Building Official • Accessible Route decrease slope or add rails decrease slope of curb ramp to walkway (currently 11.5%) Modify existing handrails to comply * Since modulars are temporary structures, City will not be spending $21,000 to upgrade accessible route. Program access will be made by City staff meeting the public in another facility that is accessible. Building 1: Building Inspectors • Restroom relocate seat cover dispenser Property Manger 1998-99 $ 25 • Hap Watkin's Office replace door hardware w4ever Property Manager 1998-99 $ 10 • Emergency Alarms install audible and visual alarms Property Manager 1999-00 $ 2,500 Interior Doors install accessible door hardware Property Manager 1999-00 $ 60 Building 2: Engineering Department • Interior Doors replace door hardware wAever Property Manager 1999-00 $ 40 • Emergency Alarms install audible and visual alarms Property Manager 1999-00 $Z500 Lm1h:/docs/ada/98-99/City Hall Mods.doc -TP a CITY OF TIGARD - ADA COMPLIANCE UPDATE April 1. -1999 LIBRARY- Public access areas - Does not include workroom, lunchroom, behind circ. desk, staff offides. LOCATTON17TEN RESPONSIBLE PARTY SCHEDULED (FYI Comm. • Entrance Doors door threshold < 12" Property Manager 1999-00 $ 250 bevel threshold Property Manager 1999-00 $ 250 • Public Restrooms reverse door swing (Prior) replace back grab bars Property Manager 1998-99 $ 50 sink height (Prior) Head Librarian at renovation $ 2, 000 reduce door pressure Property Manager 1998-99 $ 10 • Tables modify 5% of tables-height (Prior) Head Librarian 2000-01 Unknown • Signage restrooms & counters Property Manager 2000-01 $1,500 all other permanent rooms Property Manager 2000-01 $1,500 • Emergency Alarms install visual alarm system (Prior) Property Manager 1998-99 $10,000 Fire Marshall will not approve access door swing modification. Police lobby restrooms will be made available to Library patrons who are unable to use Library restrooms. Lm/h:/dccs/ada/98-99/Library.doc CITY OF TIGARD - ADA COMPLIANCE UPDATE Ann 1. 1999 POLICE DEPARTMENT - Employee access arew - all areas other than lobby are employee access LOCATTOMlTEM RESPONSIBLE PARTY SCHEDULED (FU COST EST: • Door Hardware - throughout install lever handles Chief of Police Remodel $1,50 • Interior Lobby door to employee area reduce door pressure Property Manager 1999-00 $ 10 modify maneuvering clearance Chief of Police Remodel unknown • Telephone (in lobby) Network Services Remodel unknown lower telephone & intercom install volume control • Signage al/ permanent moms Chief of Police Remodel unknown • Emergency Alarms add visual alarms to system Chief of Police Remodel unknown • Counters (Police Records Window) lower counter Chief of Police Remodel Unknown (Interim provide accessible table) Chief of Police 1998-99 Unknown LnVh:/docs/ada198-991Po11cs.doc ^T P q Elm RPM- CITY OF TIGARD - ADA COMPLIANCE UPDATE AArrl 1. 1999 NICHE - Employee & Public access areas - downstairs, except lunchroom and in unimproved storage areas (Note. This building may be phased out for office use, thus access will be modified at major renovation. In the meantime, program access will be given by meeting the public downstairs when necessary.) LOCA77OMI/rEM RESPONSIBLE PARTY SCHEDULED fFY) MUM • Accessible Route . bevel transition and repair Property Manager 1998-99 $ 200 • Interior provide 211d floor access via elevator Property Manager at renovation $50,000 • Parking DONE provide second accessible space Property Manager 1998-99 raise signs Property Manager 1998-99 change fine ($300) Property Manager 1998-99 • Restroom relocate seat cover dispenser Property Manger 1998-99 $ 20 replace sink with accessible space Property Manager at renovation $ 500 • Training Room replace door hardware wAever Property Manager 1998-99 $ 20 • EmergencyAlarms raise visual alarm 3" Property Manager at renovation $1,000 Signage Replace Network Services sign Property Manager 2000-01 $ 25 with braille sign & raised letters Replace two rear exit signs Property Manager 2000-01 $ 50 with braille sign & raised letters Lm/h:/doc9/ad8198-991N1ch6.dOC ~P~ CITY OF 71GARD - ADA COMPLIANCE UPDATE April 1. 1999 WATER BUILDING - Public and Employee access areas LOCATION17TEM RESPONSIBLE PARTY SCHEDULED (FW COST EST. • Accessible Route & Parking $30,000 modify sloped walk from public walk Property Manager 2000-01 replace public walk curb ramps Property Manager 2000-01 van stripping Property Manager 2000-01 replace parking curb ramps Property Manager 2000-01 • Restrroms (Public) $ 5,000 door swing pressure reduced Property Manager 1999-00 reconfigure stalls to specifications Property Manager at renovation unknown change stall lock location Property Manager at renovation unknown lower coat hook or install 2nd hook Property Manager 1999-00 relocate flush control in woman's rm. Property Manager 1999-00 sink lever faucet pressure Property Manager 1999-00 sink height Property Manager at renovation unknown lower urinal flush control Property Manager 1999-00 unknown • Restrooms (Employee) Employee restrooms are inaccessible. Employees will use public restroorns if accommodation is needed. • Drinking Fountain hi-low fountain installed Property Manager at renovation $1,000 interim paper cup dispenser (2 ea.) Property Manager 1998-99 $ 40 • Counters lower a portion of counter Property Manager at renovation $5,000 interim - lobby table & chairs Finance Director 2000-01 $ 800 • Signage parking Property Manager 1999-00 $ 100 restrooms & counters Property Manager 1999-00 $ 400 all other permanent moms Property Manager 1999-00 $ 300 auditorium listening system info. Property Manager 1999-00 $ 200 • Auditorium assistive listening system Property Manager 1999-00 $1,000 no ramp for raised stage area Property Manager N/A AAA stage used as storage area - no public access needed. • Emergency Alarms install visual alarm system Property Manager 1999-00 $15,000 Lm/h:/docs/ada/98-99IWater-Sumham.doc ~C3 CITY OF TIGARD - ADA COMPLIANCE UPDATE April 1. 1999 LEASED HOUSE AT 9020 SW Bumham St Note. This building is planned for demolition for future right-of-way needs. The cost is high for ADA modifications and long term use of the building is not planned. Currently Interfaith Outreach Services leases the building. That lease expires 613099. If the building is leased to a non-profit servlce organization after that date or used for City of Tigard storage needs, the building will not be modltled since program access can be made available without modfications. If the building is leased to a for-profit organization or used for City of Tigard employees to receive the public, modifications will need to be accomplished to bring site into ADA Compliance. LOCATION/ITEM RESPONSIBLE PARTY SCHEDULED (FY1 COST EST • Accessible Route Property Manager at renovation $50,000 when sidewalk is constructed an accessible route will need to be connected to the accessible entrance • Parking provide one disabled space/ van stripping reduce transition to >114" • Ramp Property Manager at renovation $10,000 modify ramp to decrease slope install handrails • Entrance Property Manager at renovation $3,000 install accessible door hardware bevel door threshold • Interior Doors Property Manager at renovation $ Z000 install accessible door hardware • Restroom (1 to ADA standards) Property Manager at renovation $15,000 replace door to make accessible reconfigure to specifications relocate sink install grab bars sink pipes wrapped sink lever faucet pressure lower mirror lower dispensers • Drinking Fountain Property Manager at renovation $ 5,000 hi-low fountain installed • Signage Property Manager at renovation $1,500 parking restrooms all other permanent rooms • Emergency Alarms Property Manager at renovation $ 5,000 install visual alarm system • Misc. Equipment Property Manager 1999 $ 25 Fire Extinguishers are 72" above floor, lower Lm/h:/docs/ada/98-99/House 9020 Bumham.doc ~ P'7 CITY OF TIGARD - ADA COMPLIANCE UPDATE April 1. 1999 PUBUC WORKS - Public and employee access areas LOCATIOMTEM RESPONSIBLE PARTY SC14EDULED (F19 COST EST. • Accessible Route sidewalk from street to bldg. Property Manager When public $20,000 sidewalk is built • Parking - accessible stalls $ 200 remark proper dimensions Property Manager 1998-99 raise signs/change fine amt. Property Manager • 1998-99 • Entrance (Public) bevel door threshold Property Manager 1999-00 $ 200 • Interior Accessible Route install handrail on both sides of stairs Property Manager 1999-00 $ 1,000 install ramp or elevator Property Manager at renovation unknown • Lunchroom replace sink faucet Property Manager 1998-99 $ 200 lower phonelnstall volume control Network Services 1999-00 $ 300 • Restroom - (Women's) and Public Unisex door clearance only 4" on pull side Property Manager 1999 $ 100 wrap pipes Property Manager 1999 $ 25 raise sink Property Manager 1999-00 $ 200 replace toilet seat Property Manager 1999 $ 50 reconfigure stall to specifications Property Manager 1999-00 $ 3,000 • Restroom (Men's) wrap pipes under sink Property Manager 1998 $ 25 raise sink Property Manager 2000-01 $ 200 reconfigure stall to specifications Property Manager at renovation unknown • Drinking Fountain paper cup dispenser-interim Property Manager 1998-99 $ 20 hi-low fountain installed Property Manager 1999-00 $ 1,000 • Emergency Alarms install visual alarm system Property Manager 1998-99 $ 5,000 * Since extending handrails into lobby and upper landing areas create safety hazards with the current building design, a major remodel would have to be undertaken. During the interim, staff will accommodate by meeting visitors downstairs when needed or relocating staff downstairs. Currently, Men's restroom is unable to be modifiad for accessibility without major renovation. Until that happens, the Women's restroom will be made accessible and used for women staff members and any of the public who wish to use a unisex, accessible restroom rather than the men's restroom which is some what inaccessible. Lm/hIdocs/ada/98-99/Public Works-Ash.doc CITY OF TIGARD - ADA COMPLIANCE UPDATE April 1. 1999 SENIOR CENTER - Public access areas - all areas are considered public access except equipment/control moms & kitchenMvork rooms LOCA7ION17TEM RESPONSIBLE PARTY SCHEDULED f f n COST EST. • Accessible Route provide route from public sidewalk Property Manager when public $ Unknown no sidewalk traffic at this time with transit service lack of public transit service available to sidewalk • Parking $ 1,000 replace curb ramp from sidewalk Property Manager 1999 crosswalk from parking space Property Manager 1999 (with detectable warnings) install ADA sign in rear parking Property Manager 1999 restrip access aisle Property Manager 1999 replace fine amount on sign Property Manager 1999 raise sign Property Manager 1999 • Entrance Doors bevel front door threshold Property Manager 1999-00 $ 400 bevel rear door threshold Property Manager 1999-00 $ 600 • Elevator bring into compliance w/new ADA guidelines Property Manager 2000-01 $10,000 • Public Restrooms - Men's in Lobby $ 500 reduce door pressure Property Manager 1999-00 relocate toilet paper dispenser Property Manager 1999-00 replace stall door lock Property Manager 1999-00 relocate seat cover dispenser Property Manager 1999-00 install accessible coat hook Property Manager 1999-00 wrap hotAvaste water pipes Property Manager 1999-00 lower paper towel dispenser Property Manager 1999-00 install additional soap dispenser Property Manager 1999-00 • Public Restrooms - Women's in Lobby $ 200 reduce door pressure Property Manager 1999-00 relocate seat cover dispenser Property Manager 1999-00 relocate toilet paper dispenser Property Manager 1999-00 • Sink areas - main halllbasemenUcraft room $ 200 lower towel dispensers Property Manager 1999-00' • Phones $ 1,000 basement phone lowered Network Services 2000-01 provide volume controls Network Services 2000-01 • Public Restrooms - men's & women's downstairs Can't comply with modifications. At renovation 1 uni-sex restroom will be constructed Property Manager At renovation $ 5,000 Lm/h:/docs1ada198-99/Senior Center.doc -i- P 9 ~a. CITY OF TIGARD - ADA COMPLIANCE UPDATE Aaril 1. 1999 SENIOR CENTER - Public access areas CONTINUED - all areas are considered public access except equipment/control rooms & kitchenAvork rooms LOCATION/1TEM RESPONSIBLE PARTY SCHEDULED fFY) COST ES7: Continued - Public Restrooms downstairs lobby restrooms will be made available to building users who are unable to use basement restrooms. Short-term solution to most users can Access downstairs restrooms follow: doorswing reversed Property Manager not scheduled not done** reduce door pressure Property Manager 1999-00 $ 50 relocate paper dispenser Property Manager 1999-00 $ 50 Coat racks some racks/hooks lowered Senior. Cntr. Director 2000-01 $ Unknown • Tables modify some tables-height Sr. Cntr. Director upon request $ Unknown • Signage provide accessible signs Property Manager 2000-01 $ 1,000 • Emergency Alarms Review & identify changes needed Property Manager 2000-01 $ N/A Modify existing system with visual Property Manager 2001-02 $ Unknown Fire Marshall will not approve door swing modification. Thus, upstairs Lm/h:/doc9/ada198-99/Sen1or Center.doc -TP I C 'MROns ME all= CITY OF TIGARD - ADA COMPLIANCE UPDATE Anri11. 1999 _WATiR D1STR/CP ®UiLD/NC9 Canterburv Strwt Site Public and Emulovae Areas (Note: This plan assumes no space leased to another organization and site used for City storage only.) LOCATIONffrEM RESPONSIBLE PARTY SCHEDULED (Fl) COST EST. • Accessible Route Property Manager at renovation $10,000 sidewalk from parking area curb ramps • Parking Property Manager at renovation $ Z000 provide one disabled space & van stepping • Entrance Property Manager at renovation $ 3,000 install accessible door hardware bevel door threshold • Interior Property Manager at renovation $ 9,500 rebuilt walkway ramp, level landing, & handrails • Restroom Property Manager at renovation $15,000 replace door to make accessible reconfigure stalls to specifications remove/reconfigure shower stall relocate sink install grab bars sink pipes wrapped sink lever faucet pressure lower urinal lower dispensers • Interior Doors Property Manager at renovation $ 750 provide accessible door hardware • Signage Property Manager at renovation $1,000 parking restrooms all other permanent moms • Emergency Alarms Property Manager 2000-01 $5,000 install visual alarm system i 7 i i Lm/h:/does/ada/98-99Mlater-Canterbury.dx -TP li CITY OF TIGARD - ADA COMPLIANCE UPDATE Aaril 1. 1999 CITY MDE CURB CUTS LOCATION/ITEM RESPONSIBLE PARTY SCHEDULED (FY) COST EST: • DESIGN/CONSTRUCTION Response will be on a compliant-made basis Determine requirements City Engineer 2000-2003 Unknown Determine action & schedule City Engineer Unknown PARKS AND GREENWAYS - Ci@}v Mde LOCA77ON17TEM RESPONSIBLE PARTY SCHEDULED (FY) COST EST. • PARKS -identified by park Determine requirements Grounds Supervisor 1999-2000 $ 7,500 Determine action & schedule Public Works Director 2000-2001 Unknown • GRteENWAYS - identified by greenway area Consideration will be given for access, slopes, eta at the time of development upon first task being accomplished I.m/h:/docs/ada198-99/curb cut & parks.doc AGENDA ITEM # FOR AGENDA OF C~ 5 ~cf~j CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Temporarv Sign Collection & Retrieval Policy TY MGR OK PREPARED BY: Mathew Scheidegger _DEPT HEAD OK lAi 1/1 ISSUE BEFORE THE COUNCIL Should the City Council adopt new regulations for temporary signs in the right-of-way. STAFF RECOMMENDATION After reviewing the draft ordinance, direct staff to proceed with revisions and the required public hearings. ,o INFORMATION SUMMARY At the March 16`" 1999 Council meeting, staff and the Council discussed ideas for removal and retrieval of temporary signs within the public right-of-way and assessing fires to recover the costs of removal of illegal signs. As a result of that meeting, Council asked staff to draft an ordinance which provided for fines for illegal signs within the public right-of-way, while allowing for political signs during election periods. Staff worked with the City Attorney's office to prepare a draft ordinance. That ordinance is attached. Temporary signs including A-board, banner, lawn signs, and balloons are permitted only for periods of 30 days on private property. Because temporary signs in the public right-of-way are prohibited in the Development Code, the City Attorney's office drafted new language to make allowances for certain temporary signs during election time. Sign ordinance language must be content neutral and provisions drafted in the ordinance apply to not only political signs, but all signs. This situation was not known at the time of the March Council meeting and could have significant impacts on a number of signs within the public right-of-way. In addition, the draft ordinance includes amendments to the Municipal Code section 2.52.010 that includes temporary signs in the right-of-way as abandoned property. Abandoned property (including signs) in the right- of-way is subject to charges and expenses incurred by the City in enforcing abandoned property under section 18.780.070(C). In order to establish a pick up fee for such signs, a resolution establishing an appropriate fee would be necessary. The exclusion of temporary signs six square feet or smaller within the right-of-way is covered under 18.780.070 (K). This is to allow all signs in the right-of-way for periods before and after elections. The draft includes a period 7 days before and 7 days after an election. The Council may wish to revise this period. ORS 221.230 cites 4 dates when elections can be held and allows the City to call an emergency election under particular circumstances. Therefore the proposed changes will allow limited sized temporary signs (2 x 3) to be located within the right-of-way for periods in March, May, September, November and emergency elections. 0 Another potential issue that has not been discussed is that private property owners will no longer be able to control political signs in front of their property. Since temporary signs can now only be posted on private property, property owners can choose not to have various signs to be displayed on their property. Allowing them in the right-of-way in front of parcels may create some obvious and heated conflict. Another issue is the public right-of-way extends into the middle of the street. Uncontrolled sign locations in right-of-way could create traffic hazards. The earliest date for a hearing by the Planning Commission is July 19th' This would mean a public hearing by the City Council on August 1 Ot'. OTHER ALTERNATIVES CONSIDERED Stay with the current enforcement procedures or introduce a citation policy that would allow the Code Compliance Specialist to write monthly citations until the problem is resolved. VISION TASK FORCE GOAL AND ACTION CONMETTEE STRATEGY N/A FISCAL NOTES This adoption would generate revenue for the City of Tigard to cover the cost of sign pick-up. i AciWMde\sign.ord3.doc DRAFT CI'T'Y OF TIGARD ORDINANCE NO. 99- AN ORDINANCE OF THE CITY OF TIGARD TO AMEND MUNICIPAL CODE SECTIONS 2.52.010,18.780.070(K), AND 18.780.120(C). WHEREAS, The City of Tigard wishes to abate potential hazards to pedestrian and traffic safety due to the placement of unpermitted signs within the public right-of-way. WHEREAS, The City of Tigard Municipal Code contains provisions which prohibit certain signs to be placed within the public right-of-way. WHEREAS, greater enforcement of this prohibition will be available by declaring unpermitted signs in the right-of-way to be abandoned property as provided by the following amendments to the Municipal Code; now, therefore; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Tigard Municipal Code Section 252.010 is amended as follows: Custody of Property Whenever any personal property other than a motor vehicle is taken into the custody of any department of the city by reason of its having been abandoned, found seized, or for any other reason, the personal property shall be turned over to and held by the police department at the expense and risk of the owner or person lawfully entitled to possession of it. Abandoned personal property includes temporary signs located within the right-of-way prohibited by Section 18.780.070(K) Section 2: Tigard Municipal Code Section 18.780.070(K) is amended as follows: K. Right-of-way. Signs in the public right-of-way in whole or in part, except signs legally erected for informational purposes by or on behalf of a government agency. This subsection shall not apply to temporary signs 6 sq. ft or smaller located within the right-of way 7 days before and 7 days after the dates for elections established under ORS 221.230. ORDINANCE NO. Page 1 A ' Section 3: Tigard Municipal Code Section 18.780.120(C) is amended by adding subsection 4 to read as follows: 4. Signs in the right-of-way, prohibited under Section 18.780.070(x), are declared to be abandoned propelly and shall be removed from the right-of-way pursuant to Municipal Code Chet& 2.52. Pursuant to TMC 2.52.020, prior to return of the sign to the owner, the owner shall pay the charges and expenses incurred by the City in enforcing this section. Section 4: This ordinance shall become effective 30 days after its enactment. PASSED: By vote of all Council members present after being read by number and title only, this day of 1999. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of 1999. Jim Nicoli, Mayor Approved as to form: City Attorney Date cAorccb\90024\tempsign.ord.wpd ORDINANCE NO. Page 2 JUN-15--1999 15;46 503 626 8903 P.01/0i DLp' ~S l~9 SPECHT 9 SPECHT PROPERTIES SPECHT DEVELOPMENT 15400 S.W. Millikan Way • Beaverton, OR 97006 503/646-2202 Fax 503/626.8903 June 15, 1999 Mr. Gus Duenas Via: Facsimile 684-7297 City Engineer City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: 69th Avenue LID Dear Gus: It has been brought to our attention that the City of Tigard is considering revising the 69th Avenue LID (the "LID") plans to allow for the placement of sidewalks adjacent to the curb. On behalf of Tigard Corporate Center Limited Partnership, the initiator and largest property owner within the LID, please understand that we must object to this change if it results in an increase in the LID cost or a postponement in the completion date for the LID. While it is not our intent to interfere with the concerns of other property owners, the LID cost and timing are critical to Tigard Corporate Center. Regarding timing, we have been told by the City that the LID is to be complete by September 1999. Given the fact that our Site Development Review conditions of approval restrict the issuance of a Certificate of Occupancy until the LID is complete, a delay in the completion of the LID is unacceptable. Thank you for your consideration of this matter. Please contact me should you have any questions. Best Regards, SPECHT DEVELOPMENT, INC. 6"Y- rOre- Todd R. Sheaffer Vice President c: Jim Corliss, Landmark Ford (fax: 598-8368) Greg Specht CATodd Projecb\111% Projects - TodATiaud triaoablCOT39.doe r~ } _ _Y D E HAAS Suite 300 • m renter 9450 Ski Comu~nmet•ce Circle Wilsonville, Oi(. 97070 (503) 682-2450 ] ssocriates, Inc. (503) 682-401$ Fax ConsulfingEn¢neers G Surveyors June 15, 1999 Vannie Nguyen City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: 69th Avenue Reconstruction LID Dear Vannie: Subsequent to our meeting 6/14/99 with you, Gus, Dick Bewersdorff and Jim & Cora Corliss, I have looked carefully at the net effect of accommodating the interest of the Corliss request, which is to move the sidewalk from the property line to the curb line and eliminate most of the grading behind the sidewalk and on Corliss property. In our haste to analyze the Corliss request and find some mutually acceptable treatment, we have failed to address the issue of underground utilities which heavily impacts the project. For new developments, it is customary that an additional 8-10ft of public utility easement (PUE) be provided outside the RJW to accommodate construction of public utilities (power, telephone, T.V., gas and lighting). 69th Avenue has no public utility easements and therefore all of these utilities have to be accommodated within the existing R/W along with sanitary sewer, storm drain and water. And, because the existing power, telephone (massive fibre optic cable) and T.V. being undergrouuded are on the Landmark Ford side of the R/W, it would be cost prohibitive to move such utilities to the other side of the R/W. The attached excerpt from the plans show the network of underground utilities between Franklin and Dartmouth. Following are some, and perhaps not all, of the issues faced if we are to move the sidewalk to curb line: 1. Most of the underground utilities will be under the sidewalk. Remaining utilities should go in an area of reasonably flat grade. 2. Lighting will have to go behind sidewalks, reducing the value of the lighting. 3. Because of the meandering location of the massive fibre optic cable, in some areas the underground utilities require all the area between the curb and R/W line. ~I i 4. Utility vaults would fall in the sidewalk area. 5. Fire hydrants would have to be extended to a point behind the sidewalk. 6. The construction contract has been let. While most of the work is covered by unit prices, moving the sidewalk would require taking a look at grading quantities and other unknown issues. I believe the (City could be exposed to requests for expensive change orders and time extensions. 7. It was my understanding that movement of the sidewalk might require a modification to the Tigard Triangle Plan which could delay the project. Such delay could well jeopardize timely completion of the project and open the City to expensive Contractor claims. If we are not able to agree with Corliss to grade the Project as designed, the retaining walls (keystone) will have to be considered. Even that alternative is unattractive because it squeezes the precious distance available for sidewalk, landscaping and utilities down from 1154ft. to approximately 954ft. If the City elects to keep the sidewalk on the property line (which we highly recommend) it would be in the City's best interest to negotiate a reasonable landscaping plan with Corliss to mitigate the concerns. If such negotiations are not successful, I believe the keystone walls treatment is the only viable alternative. Sincerely, Marlin J. De E., P.L.S. President cc: 98.189.118 Attachment MJD/lo 1891tr2.J15 ,.e 1 ~ 1 i l Sfo 1J+r,.Lr csdNil I~ I ' 1 I ~ Rcn NP1fl - Yeam4.i f M ' - ~ - + I , I w ! 4 I WW - - r r. I~ - - - IXAA- - - - - - - - - - 4-1 , _ _ r wad ' u I I I= a, r I6d.oP ~ r6za+ l SYB PJ+ ' 4ffi I O Ii K P6o.12 sfo ?Jr+2 I sla MrB3 ( D. 1 sro 2J+JO or M4..JJ ZS N! 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Ji/99 ~~}~~[1 s,at 3 • nx C.A. 69th AVENUE L ' ~ r~Bf S ~ ~ 31[11357 p.~ 1~ ■ • 6 1 s 1 ssoci~tes, Inc. STREET & UTILITY IMPROVEMENTS Underground Power, Telephone, T.V. & Llghtlaq y tassen+enu. Ali nRN fsw) af•tuo j Cri r 6 rue an m e CITY GARD EN0NE4RRM ~PAH1irNS 9~t FU NA 313 DKC N.d11E: rsritd~ ply 15, X999 96.189.119. ce30 os