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City Council Packet - 09/19/2000 DAP l AL TIGARD CITY COUNCIL WORKSHOP MEETING SEPTEMBER 19, 2000 COUNCIL MEETING WILL NOT B TELEVISED i:ladmljolccpkt2.doc Revised 9-14-00 TIGAR4:CITX COUNCIL CITY OF TIGAR® .;1NORICSHOP MEETING SEPTEMBER''-19, 200( 6 :3.0 PM TIGARD. CITY. HALL . 131;25 SW,HALL BLVD: 'TIGARD, OREGON 97223 PUBLIC NOTICE: 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 639-41711 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 - SEPTEMBER 19, 2000 - PAGE 1 AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING SEPTEMBER 19, 2000 6:30 PM 1. WORKSHOP MEETING • Call to Order: Mayor Griffith • Pledge of Allegiance • Council Communications & Liaison Reports • Call to Staff and Council for Non Agenda Items 6:35 PM 2. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) & (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. 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. 6:40 PM 3. CONVENE AS LOCAL CONTRACT REVIEW BOARD TO DETERMINE WHETHER ANDERSON CONTRACTORS, INC. SUBMITTED A RESPONSIVE BID FOR THE CONSTRUCTION OF WETLAND MITIGATION a. Staff Report: Engineering Department b. Council Consideration: Council to determine whether Anderson Contractors, Inc. submitted a responsive bid for the construction of wetland mitigation. 6:45 PM 4. CITIZEN INVOLVEMENT TEAM (CIT) DISCUSSION a. Staff Report: Administration Department 7:15 PM 5. BRIEFING ON NON-FINANCIAL STATEWIDE BALLOT MEASURES a. Staff Report: Administration Department COUNCIL AGENDA - SEPTEMBER 19, 2000. PAGE 2 7:30 PM 6. DISCUSSION OF THE PROCEDURE FOR APPOINTMENTS TO BOARDS AND COMMITTEES AND CONSIDER PROPOSED REVISIONS a. Staff Report: Administration Department b. Council Consideration: Council direction on proposed revisions to procedure for board and committee appointments. 7:50 PM 7. BRIEFING ON THE SCOPE OF WORK AND PUBLIC INVOLVEMENT PLAN FOR IMPLEMENTATION OF WASHINGTON SQUARE REGIONAL CENTER PLAN a. Staff Report: Community Development Department b. Council Consideration: Council direction on whether to proceed with the scope of work and public involvement plan for the implementation of the Washington Square Regional Center Plan. 8:10 PM 8. BRIEFING ON ALLOWING THE TEMPORARY USE OF AN AREA ON CITY PROPERTY AS A DOG OFF-LEASH AREA a. Staff Report: Public Works Department 8:40 PM 9. DISCUSSION OF AFFORDABLE HOUSING STRATEGIES a. Staff Report: Community Development Department 9:10 PM 10. COUNCIL LIAISON REPORTS 9:20 PM 11. NON-AGENDA ITEMS 9:30 PM 12. AD]OURNMENT I:\ADM\CATHY\CCA\000919. DOC COUNCIL AGENDA - SEPTEMBER 19, 2000 - PAGE 3 Mufi►-~ ° t o -1~- o® MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and City Council {FROM: Cathy Wheatley and Greer Gaston DATE: October 9, 2000 SUBJECT: September 19, 2000 Minutes These minutes are before you on tonight's consent agenda. The last sentence in the first paragraph of page 5 of the minutes has been changed. The strikethrough sentence will be deleted and the highlighted sentence will be added, if approved. No other changes have been made. Mayor Griffith suggested that the staff liaison might serve as an advisory resource. Councilor Patton said that although it may be fitting for the staff liaison to "sit in" on the interview, she didn't think it appropriate for him/her to ask questions of the candidates. Ms. Nemen agreed--- gtc-IaF1flc-ad9R -regar-ding «-cry- inffeased ef the staff lialsen. SPKIAEally, Geunc-il wished te knew if the intent e ' . Nls..Newton stated the Councils direction would _be and to Yete en the reflected in, the„upcoming revisions. 7. BRIEFING ON THE SCOPE OF WORK AND PUBLIC INVOLVEMENT PLAN FOR IMPLEMENTATION OF WASHINGTON SQUARE REGIONAL CENTER PLAN Staff Report and Discussion: Community Development Director Jim Hendryx reminded Council of the last action taken on the Washington Square Regional Center Plan where Council adopted the Plan with delayed implementation. ]ohn Spencer of Spencer and Kupper and Kirsten Greene of Cogan Owens Cogan also attended. With regard to the scope of work and citizen involvement plan request for proposal, Planning Manager Nadine Smith stated that the firm of Spencer and Kupper was the sole bidder on the project. Mr. Hendryx stated that since this is the second phase of a complex project, it would be difficult for fines other than those that have already worked on the project to "step in" at this point. The actual work will be a collaborative effort between Spencer and Kupper, Cogan Owens Cogan, a wetland finn, and other consultants. Ms. Smith stated that Cogan Owens Cogan prepared the public involvement plan and has suggested reconvening the previous task force to work on this phase of the project. The new task force will focus on the details of implementation such as transportation, wetlands, etc. Along with previous task force members, the task force will add consultants to provide expertise on specific areas of the implementation. Public events and opportunities for community involvement and input will be included in the process. In response to a question from Councilor Scheckla, Mr. Hendryx discussed the funding for the project. The City has allocated $115,000 and Oregon Department of Transportation is adding an additional $80,000. Mayor Griffith inquired how the proposed commuter rail line, now turned over to the County, is affected by the Plan. Ms. Smith stated that commuter rail funding was not included in the project. Councilor Patton explained that the Plan and commuter rail COUNCIL MEETING MINUTES - SEPTEMBER 19, 2000 - PAGE 5 Agenda Item No. TIGARD CITY COUNCIL Meeting of I C, WORKSHOP MEETING MEETING MINUTES - SEPTEMBER 19, 2000 1. WORKSHOP MEETING o Call to Order: Mayor Griffith called the meeting to order at 6:33 p.m. • Council Present: Council President Moore; Councilors Hunt, Patton and Scheckla • Staff Present: City Attorney Chuck Corrigan, City Engineer Gus Duenas, Deputy City Recorder Greer Gaston, Police Chief Ron Goodpaster, Community Development Director Jim Hendryx, Planning Manager Nadine Smith, Assistant to the City Manager Liz Newton, Public Works Director Ed Wegner • Council Communications 8I Liaison Reports: None ® Call to Staff and Council for Non Agenda Items: None 2. At 6:35 p.m. Tigard City Council went into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 8z (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. Executive Session Adjourned at 6:45 p.m. 3. CONVENE AS LOCAL CONTRACT REVIEW BOARD TO DETERMINE WHETHER ANDERSEN CONTRACTORS, INC. SUBMITTED A RESPONSIVE BID FOR THE CONSTRUCTION OF WETLAND MITIGATION Staff Report and Discussion: City Engineer Gus Duenas explained that companies which bid on construction projects are required to submit a State pre-qualification statement. Andersen Contractors, Inc., the low bidder on a wetland mitigation project, did not submit the pre-qualification statement. Instead, it stated "Submitted previously" on its bid sheet. Andersen Contractors, Inc. was currently working on another City project and their pre-qualification statement was on file. COUNCIL MEETING MINUTES - SEPTEMBER 19, 2000 - PAGE 1 City Attorney Chuck Corrigan said that the Council had the authority to rule whether Andersen Contractors, Inc. had submitted a responsive bid. He continued by saying that the oversight did not constitute a material defect in the bid; it was a technicality. Council Decision: Council decided that Anderson Contractors, Inc. had submitted a responsive bid for the construction of the wetland mitigation project. 4. CITIZEN INVOLVEMENT TEAM (CIT) DISCUSSION Staff Report and Discussion: Assistant to the City Manager Liz Newton, CIT Facilitators Basil Christopher and Bev Froude, and CIT Staff Coordinator John Roy gave Council an update on the CIT. Ms. Newton informed Council of a trial change in microphones which may improve the sound quality of televised meetings. In response to a question from Councilor Scheckla, Ms. Newton stated that there wasn't an additional charge to test the alternative equipment. Discussion ensued regarding the one-on-one sessions with staff offered at CIT meetings, and the popularity of such sessions. Ms. Froude stated that the sessions were not being used as much as they could be, and proposed that every department need not be present at every meeting. Councilor Hunt expressed concern about the use of staff resources when CIT members may not have any questions of them. Ms. Newton explained that the Police Department representative has been popular. Other departments, such as Finance, do not attend meetings, since CIT members have had few finance-related concerns. Mr. Christopher stated that he liked these informal sessions, and that the sessions may encourage citizens to attend the meetings. It was also discussed that citizens can submit questions in advance of the meeting, or get questions answered directly from staff and bypass the CIT meeting altogether. Ms. Newton stated that she could poll the CIT members to get there feeling on the matter. Councilor Moore suggested having the Council meet with CIT members on a regular basis. This would provide citizens with another opportunity to talk with Council. Councilor Patton supported the suggestion as long as citizens understood that the Council may not have immediate responses to their questions and concerns. Mr. Roy stated that this would be a good place for Council to give citizens the "big picture." Ms. Newton updated Council on the cost of televising meetings. The use of the in- house equipment is $100, as compared to $310 when the Tualatin Valley Community Access (TVCA) truck was utilized. The cost will decrease further when Network Services staff completes training on the equipment, and then trains volunteers. COUNCIL MEETING MINUTES - SEPTEMBER 19, 2000 - PAGE 2 Ms. Newton commented that attendance at CIT meetings has been about 20 members per meeting, an improvement over previous summers. She also stated that since the meeting is televised, there are additional people watching the meeting from home. Ms. Froude proposed offering a class called Tigard Government 101. The class would educate citizens on how local government works and how they can get involved. She suggested offering the class as part of the CIT process so that it could be televised and rebroadcast. Councilor Moore strongly supported Ms. Froude's suggestion. Councilor Patton stated that the video of the class could be shared with community organizations. Mayor Griffith expressed his support for the idea. Ms. Newton stated that she thought the City could take better advantage of television coverage by using crawl messages and posting information during the break. She also stated that role of the facilitator seems to be working smoothly. Ms. Newton concluded that she would talk with CIT members and explore various options for responding to questions and concerns, while trying to further reduce the demand on staff. 5. BRIEFING ON NON-FINANCIAL STATEWIDE BALLOT MEASURES Staff Report: Police Chief Ron Goodpaster and Assistant to the City Manager Liz Newton briefed Council on upcoming non-financial ballot measures. o Ballot Measure 3 - Conviction before Property Forfeiture Chief Goodpaster explained that this measure amends the Constitution and would make the following changes to current procedures. a. Changes by tying the seizure and forfeiture of property to a conviction. Currently the two processes are separate. Property can be seized (with probable cause) and forfeiture occurs through a civil process prior to a criminal court conviction. This measure would require a conviction before property could be seized, and would give alleged criminals time to hide or dispose of items which may, under current law, be subject to seizure. b. Changes how proceeds from property forfeiture may be used. Currently, monies obtained through the forfeiture process are used to fund: - Drug treatment programs - Drug prevention education - Crime prevention - Investigation of crime COUNCIL MEETING MINUTES - SEPTEMBER 19,2000. PAGE 3 Purchase of police equipment This amendment would restrict the use of forfeiture monies solely to drug treatment programs. C. Changes by capping administrative costs at 25 percent. Currently there is no cap on administrative costs. Administrative costs include such items as Storage fees (for seized vehicles), attorney costs, court processing and appearances. Ballot Measure 7 - Compensation if Government Regulation Reduces Property Value Ms. Newton explained that this measure amends the Constitution and would require local municipalities to reimburse property owners whose property value was reduced as a result of a government regulation. The measure does not apply to federal regulations or nuisance laws. In response to questions from Council, Ms. Newton explained that this measure could make the local municipalities financially responsible for reduced property values resulting from State regulations. The estimated cost of the measure is $3.8 billion. ® Ballot Measure 87 - Regulation of Sexually-Oriented Businesses through Zoning Ms. Newton explained that this measure would bring the Oregon Constitution more in line with the federal Constitution. The amendment changes the Oregon Constitution to allow regulation of sexually-oriented businesses through content. Councilor Patton pointed out that the measure was referred by the State Legislature. 6. DISCUSSION OF THE PROCEDURE FOR APPOINTMENTS TO BOARDS AND COMMITTEES AND CONSIDER PROPOSED REVISIONS Staff Report and Discussion: This change was proposed by City Manager Monahan. Assistant to the City Manager Liz Newton discussed the proposed revision of increasing the role of the staff liaison by having him/her assist in the selection of interviewees, and participate in the interview process. Since the staff liaison is aware of the committee's/board's issues, and existing member composition, his/her participation may offer additional insight into the committee's/board's membership needs. Councilor Scheckia commented that the current process seems to work well and he didn't support the change. He indicated that he likes to interview all candidates that apply for a vacancy. COUNCIL MEETING MINUTES - SEPTEMBER 19, 2000 - PAGE 4 Mayor Griffith suggested that the staff liaison might serve as an advisory resource. Councilor Patton said that although it may be fitting for the staff liaison to "sit in" on the interview, she didn't think it appropriate for him/her to ask questions of the candidates. Ms. Newton stated the Council's direction would be reflected in the upcoming revisions. 7. BRIEFING ON THE SCOPE OF WORK AND PUBLIC INVOLVEMENT PLAN FOR IMPLEMENTATION OF WASHINGTON SQUARE REGIONAL CENTER PLAN Staff Report and Discussion: Community Development Director Jim Hendryx reminded Council of the last action taken on the Washington Square Regional Center Plan where Council adopted the Plan with delayed implementation. John Spencer of Spencer and Kupper and Kirsten Greene of Cogan Owens Cogan also attended. With regard to the scope of work and citizen involvement plan request for proposal, Planning Manager Nadine Smith stated that the firm of Spencer and Kupper was the sole bidder on the project. Mr. Hendryx stated that since this is the second phase of a complex project, it would be difficult for firms other than those that have already worked on the project to "step in" at this point. The actual work will be a collaborative effort between Spencer and Kupper, Cogan Owens Cogan, a wetland firm, and other consultants. Ms. Smith stated that Cogan Owens Cogan prepared the public involvement plan and has suggested reconvening the previous task force to work on this phase of the project. The new task force will focus on the details of implementation such as transportation, wetlands, etc. Along with previous task force members, the task force will add consultants to provide expertise on specific areas of the implementation. Public events and opportunities for community involvement and input will be included in the process. In response to a question from Councilor Scheckla, Mr. Hendryx discussed the funding for the project. The City has allocated $115,000 and Oregon Department of Transportation is adding an additional $80,000. Mayor Griffith inquired how the proposed commuter rail line, now turned over to the i County, is affected by the Plan. Ms. Smith stated that commuter rail funding was not included in the project. Councilor Patton explained that the Plan and commuter rail are linked. Mayor Griffith emphasized that the Washington Square implementation 3 must coordinate its efforts with commuter rail. a a COUNCIL MEETING MINUTES - SEPTEMBER 19, 2000 - PAGE 5 Mr. Hendryx stated that when the City undertakes a planning effort such as this, the Council's direction and support is needed. He stated that he wanted Council to be comfortable with this approach and the citizen involvement opportunities that will be offered. Councilor Patton was in favor of enlisting previous task force members as well as new members. She stressed technical experts and progressive science and information were essential to the successful implementation of the Plan. In response to a question from Councilor Scheckla, Mr. Hendryx and Ms. Smith stated that neither Tri-Met nor Metro had committed funds to the project. John Spencer reiterated that Spencer and Kupper had maintained the same core team that had worked on phase one of the project. The Kittleson firm will handle overall transportation. Cogan Owens Cogan will be responsible for public involvement. Three firms have been added to the collaborative effort of phase two: BRW, Mason, Bruce and Gerrard, and Kadama. Kirsten Greene briefly described Cogan Owens Cogan's plans for public involvement. Councilor Scheckla suggested that some of the task force meetings should be held in the evening. Council Direction: Mayor Griffith sought final input and consensus from the Council. The Council directed staff to proceed with the scope of work and public involvement plan for the implementation of the Washington Square Regional Center Plan. 8. BRIEFING ON ALLOWING THE TEMPORARY USE OF AN AREA ON CITY PROPERTY AS A DOG OFF-LEASH AREA Staff Report and Discussion: Property Manager John Roy and Public Works Director Ed Wegner updated Council on the dog off-leash issue. Mr. Roy described the progress he and the newly-created task force have made toward the establishment of a temporary and permanent dog off-leash park or parks. Topics covered in Mr. Roy's presentation included: ® Siting criteria 9 Necessary and desirable dog-park components ® Potential temporary sites ® Potential permanent sites Other sites to be considered ® Staff recommendation COUNCIL MEETING MINUTES - SEPTEMBER 19, 2000 - PAGE 6 A copy of Mr. Roy's PowerPoint presentation is available at the City Recorder's office. Task force members Aileen Cord, Jim Garbarino, Larry Gallizzio, Jeff Miller and Christie Smith entered into a discussion with Council. Ms. Smith had gathered information from other cities with dog parks and described their experiences. Mr. Gallizzio said that other dog parks had few liability issues and that the parks helped to promote a sense of community and responsible dog ownership. Mayor Griffith asked how dog parks were funded in other cities. Ms. Smith said funding was typically through the parks department, but in Tigard's situation, the task force was considering many funding sources. Mr. Roy said that the task force was considering issuing special use permits whereby the City could charge non-city residents a higher fee for dog park usage. Councilor Moore inquired about the City's liability. Mr. Roy explained that if dog parks are fenced, liability rests with the pet guardian. Without fencing, the City could be held liable. Councilor Moore asked who would be responsible for pet waste clean- up if dog park users were not. Mr. Wegner indicated that park staff would be responsible. Mr. Roy stated that the task force had discussed the option of creating volunteer groups that would perform dog park clean-up. Councilor Moore supported the use of volunteers and stated that he would have reservations about the use of park staff and resources for pet waste clean-up. Councilor Moore confirmed that fencing of dog park areas could come from the parks budget or from donations. Mr. Roy pointed out that the task force was requesting Council to authorize up to $5,000 as "seed money" for initial dog park start-up funding. Councilor Patton concurred with Councilor Moore's concern about City liability and emphasized that the site must be fenced. Councilor Hunt stated that people have their dogs off-leash whether or not it's permitted. He supported the use of "underutilized" areas as potential dog park sites. Mr. Wegner identified the following staff recommendations: Approve the use of the Ash Avenue area as a temporary dog park. e Apply for a Conditional Use Permit (CUP) for the creation of a dog park at the 125' and Bull Mountain Road site. This will require a public hearing and will also need to go before the Intergovernmental Water Board. Continue to work with the citizen task force for the siting of a permanent dog park or parks. ® Start-up funding not-to-exceed $5,000 from the parks department budget. Council Decision: Councilor Hunt moved to accept the above staff recommendations. Councilor Moore seconded the motion. Mayor Griffith asked if all Council members COUNCIL MEETING MINUTES - SEPTEMBER 19, 2000 - PAGE 7 were in favor of the staff recommendations. Council members indicated that they were in favor. The direction to support the staff recommendations was unanimous. 9. DISCUSSION OF AFFORDABLE HOUSING STRATEGIES Staff Report and Discussion: Community Development Director Jim Hendryx gave a presentation on the "Top Ten Affordable Housing Strategies." Topics covered in Mr. Hendryx's presentation included: ® Density Bonus o Transfer of Development Rights o System Development Charges ♦ Permit Fees e Property Tax Exemption ♦ Land Cost and Availability s Local Regulatory Constraints and Discrepancies in Planning and Zoning Codes/Local Permitting or Approval Process e Parking o Enterprise Foundation Regional Acquisition Fund o Real Estate Transfer Tax A copy of Mr. Hendryx's PowerPoint presentation is available at the City Recorder's office. Councilor Scheckla asked how quickly the Council needed to act on the recommendations to promote affordable housing. Mr. Hendryx responded that Finance Director Craig Prosser suggested that the Council wait until the November election results were available, since some of the issues on the ballot may impact the City. Councilor Scheckla suggested the Council revisit the issue after election results are known. Assistant to the City Manager Liz Newton proposed that Mr. Hendryx return to the Council with a list of prioritized recommendations in late November or early December. Councilor Scheckla stated that he would like to know the budgetary impact of the recommendations. Mr. Hendryx introduced Sheila Greenlaw-Fink from Community Partners for Affordable Housing (CPAH). Ms. Greenlaw-Fink stated that she hoped the Council would not delay action on the affordable housing incentives until the November election. She stated that CPAH needed to move forward on projects now or opportunities may be lost. She identified some limited cost items such as: tax abatement, permit fee incentives, and advocating for affordable housing at the County COUNCIL MEETING MINUTES - SEPTEMBER 19, 2000 - PAGE 8 level. Ms. Greenlaw-Fink pointed out that the financial impact of many of the options was nominal. Councilor Patton asked if CPAH had a specific project in mind that will be coming before the Council prior to the November election. Councilor Patton pointed out that the State and County will also be affected by the November elections. She stated that this was an inopportune time to try to influence these jurisdictions. She continued by saying that although supportive of affordable housing, the Council has to take into account the potential repercussions to the City. Councilor Scheckla and Mayor Griffith concurred with Councilor Patton. Mr. Hendryx concluded by saying that the goal of the presentation was to get Council direction. Ms. Newton summarized by confirming that Mr. Hendryx would return to Council with a list of prioritized recommendations, along with the cost impact and a description of the process involved in implementing each recommendation. 10. COUNCIL LIAISON REPORTS: None 11. NON-AGENDA ITEMS: None 12. ADJOURNMENT: 9:54 p.m. 'ZI Attest: Greer A. Gaston, Deputy City Recorder ar ayor, City bf-T! ate: I:\ADM\CATHY\CCA\000919. D OC COUNCIL MEETING MINUTES - SEPTEMBER 19, 2000 - PAGE 9 AGENDA ITEM # .3 FOR AGENDA OF Sept 19, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: _Determine Whether Andersen Pacific Contractors Inc Submitted Responsive Bid for the Construction of Wetland Mitigation Proie ct PREPARED BY: Vannie en DEPT HEAD OK: Gus DuenaCITY MGR OK: Bi ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board determine whether Andersen Pacific Contractors, Inc. submitted responsive bid for the construction of Wetland Mitigation at 3 locations: Fowler School Site, Summer Creek Site at 130th Avenue Bridge and Fanno Creek Site at Tiedeman Avenue Bridge? STAFF RECOMMENDATION The staff recommends that the Local Contract Review Board determine Anderson Pacific Contractors, Inc. submitted responsive bid for the construction of Wetland Mitigation project. INFORMATION SUMMARY The Fanno Creek trail projects include 7 segments of a pedestrian trail to connect the existing trail sections along Fanno Creek. These projects have been included in the Park System Program of the City's Capital Improvement Program since FY 1998-1999. Segment 2 (Tigard Street to Tiedeman Avenue) and Segment 6B (Main Street/Ash Avenue) are under construction and will be completed by the end of October 2000. Segment 1 (North Dakota/Tigard Street) was constructed in August 1998. Segment 6A (Ash Avenue/Fanno Creek) was constructed in November 1998. Permits from the Oregon Division of State Lands (DSL) and the US Army Corps of Engineers (Corps) have been obtained for construction of all segments, except Segment 1 which does not have wetland impact. Trail alignments were designed to avoid impacts to the existing waterway and wetland as much as possible. However, some trail sections have to cross emergent wetland due to extensive amount of wetland present. As a result of 0.30-acre wetland impact, the permits call for mitigation of the impact by enhancing 0.90 acre of wetland located in the floodplain area adjacent to Fanno Creek on Fowler School site. The wetland will be enhanced by planting large Oregon Ash saplings and Willow cuttings to extend the forested wetland area into the meadow area. Appropriate shrubs will also be planted adjacent to the existing forest to provide additional wildlife habitat. The mitigation site at Fanno Creek was constructed as mitigation for wetland/waterway impacts associated with bridge crossings of Fanno Creek, at both Tiedeman and Grant Avenues. The mitigation site at Summer Creek was constructed as mitigation for wetland/waterway impacts associated with bridge crossing of Summer Creek at 130th Avenue. As a condition of the permits, the DSL and the Corps require five years of monitoring for the wetland mitigation area at Fanno Creek and three years of monitoring at Summer Creek. Monitoring reports conducted after two years of site developments indicate that there is relatively high mortality rate among the plants installed at the Fanno Creek site and there is mixed success of survival rates at the Summer Creek site. This project proposes to provide new plantings for the mitigation areas as required by the permits. The project was advertised for bids on August 29, 2000. The bid opening was conducted on September 12, 2000. The bid results are: Andersen Pacific Contractors, Inc. Ridgefield, WA $49,825.00 Brant Construction, Inc. Vancouver, WA $73,000.00 Engineer's Estimate $50,900 The bid document required all bidders to be pre-qualified with the State of Oregon, to submit a bid bond (for bids over $10,000), to acknowledge the project addenda, and to submit a First-Tier Subcontractor Disclosure form (for bids over $75,000) such that their bids could be considered as being responsive. The bidding requirements in the bid document also stated that separate submittal or faxed State pre- qualification letter and application were not accepted. Andersen Pacific Contractors, Inc. did not submit a pre-qualification statement from the State of Oregon. Instead, it stated "Submitted previously" on its bid sheet. Please note that Andersen Pacific was the lowest responsive bidder for the Fanno Creek Trail - Segment 2 project, which is currently under construction. Its bid packet for the Segment 2 project that submitted on July 5, 2000 included the pre-qualification application and letter from the State. Andersen Pacific's pre-qualification letter and application that were submitted previously to the City are still valid and are in the possession of the Engineering Department. Brant Construction's bid is the next lowest bid for the project but that bid is approximately 43.5% higher than the Engineer's estimate. Brant Construction submitted all documents required in the bid document. Staff has consulted with the City Attorney's office on the issue of bidding requirement compliance. The City Attorney's office indicated that the Local Contract Review Board will need to make the determination whether the failure to submit the pre-qualification letter with the bid proposal packet is a "minor informality" or a "material defect". Minor informality is an error in form rather than substance that does not affect the material term of the bid. Hence, minor informality bid could be considered responsive. Material defect is a failure to comply in a material aspect with the bid requirements. Material defect affects the term of the bid and therefore the bid is considered non-responsive. Since Andersen Pacific's informality bid does not affect price, quality or contractual conditions of the project, staff recommends the Local Contract Review Board determine Andersen Pacific submitted to the City a responsive bid. Please refer to the attached memorandum prepared by the City Attorney's office dated September 13, 2000. Upon approval of Andersen Pacific's responsive bid, staff intends to submit a consent agenda item to recommend the Local Contract Review Board, in the meeting of September 26, 2000, by motion, approve the contract award for. the construction of this project. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES This project is funded in the amounts of $42,500 from the Parks System and $10,000 from the Storm Drainage System of the FY 2000-01 Capital Improvement Program for a total of $52,500. I: tcnywlde\sumWgenda summary for wetland mitigation project - responsive Eld.doc if ri YI -I SEP 13 '00 11:28AM RAMIS CREW CORRIGAN P,2 RAMIS CREW CORRIGAN & BACHRACH, LLP ATTORNEYS AT LAW 1727 N.W. Hoyt Street MEMORANDUM Portland, Oregon 97209 (503)222.4402 Fax: (503) 243.2944 TO. Vannie Nguyen, Engineering Manager, City of Tigard FROM: Gary Firestone, City Attorney's Office DATE: September 13, 2000 RE: Bid Prequalification Issues BACKGROUND The City of Tigard received two bids to perform wetland mitigation work at the Fowler School Site Andersen Pacific Construction, the apparent low bidder ($49,625 as compared to S73,000) did not include a prequalification statement. The Notice to Contractors soliciting the bids stated that the applicant must submit a prequalification letter from the Oregon Department of Transportation-with the Bid Proposal packet; Andersen Pacific previously submitted prequalification materials to the City and is currently performing work under another contract for the City. ISSUE Is the City required-to-rcimt the bid-or-may it choose to accept the-bid-? ANSWER AR 30,093.3 requires the City to reject non-responsive bids. The City will need to determine whether- the- bid is-responsive- or non=responsive under-AR 30.0913. A bid-that complies in -all-matefial aspects with the bid requirements and whose only defects are "minor informalities" is a responsive bid and may not be rejected as being non-responsive. A bid-that differs in material aspects from the bid requirements or that contains defects that are more than "minor informalities" is non-responsive and must he rejected. AR 30.093.3. SEP 13 '00 11:28RM RRMIS CREW CORRIGRN P.3 Memorandum re: Bid Prequalification Issues September 13, 2000 Page 2 The Chy-will have-to determimwhether-the faiiure to include the-prequalification letter with the bid is a material defect or a "minor informality." A minor informality is an error in form rather than substance that does not affect a material term of the-bid. AR 30.075.2(a). If the defect is e minor informality, the bid is responsive and may be considered. If it is a material defect, the bid is no responsive and-must-be-rejected: ANALYSIS AR 30.093. I provides that a bid is responsive if it "complies in all material aspects with an Invitation to Bid-... and-with-all pi escribed public bidding-procedures and-requirements," AR 30.093.2 provides that defects that constitute "minor informalities" do not make a bid non- responsive. Minor informalities are matters of form rather than substance that are evident from the bid- documents- thar-can-be-waived-or corrected promptly without-prejudice-to-other- bidders or the City, that is, the informality does not affect price, quality, delivery or contractual conditions... . AR 30.075.2(x). AR 30.093.3 provides that only responsive bids maybe accepted and considered- and that non-responsive bids must be rejected. See also AR 30.100,1 (Allows the City to reject any' individual bid that-is not-in compliance with all applicable prescribed-biddingproeedures and requirements) and AR 30.100.2 (Provides that the City may reject a bid it "The bid is non- responsive-, that-is, it-does-not-conformin-all material- respects to-bid documents or requirements; including all prescribed public procurement procedures and requirements.") The- Notice to, Contractors-included theUlowing-bidding-requicement: The City requires that all bidders be pre-qualified with the State of Oregon Dcpw tmcrrt of Transportation Pre-quafifrcation-application-forms may be-obtained at the State of Oregon, Purchasing Division, Department of Administrative Services, 1225-Ferry-StreetSE, Salem; Oregorr97310or-http://tpps.das:state-or.us/purchasingf- links.htmi. Application and pre-qualification letter frorn State of Oregon shall be submitted-with-the-Did•Propoexl-packet. Sepa, tc-submitteor faxed Stater-pre- qualification letter/application will not be accepted. (Note. The City does not keep previous submittals of pre-qualification letters and applications on HIe:)- I mmmoi SEP 13 '00 11:28W RAMIS CREW CORRIGAN P.4 Memorandum re: Bid Prequalification Issues September 13, 2000 Page-3 Andersen Pacific did not submit.an application sand pre-qualification letter with the Bid Proposal packet. Instead, it merely stated "Submitted Previously" on its bid sheet.' This did not comply with the clear bidding requirement contained in the Notice to Contractors. The question is whether this is a "failure to comply in a material aspect" or a "minor informality." If the failure to submit the prequalification letter with the packet is a defect of form and not substance, the defect is a "minor informality" and the bid is responsive and may be considered. If the failure to include materials clearly required by the Notice to Contractors is a failure to comply in a material aspect with the bid requirements, the bid is non-responsive and must be rejected. The City Council, as-the-Contract Review-Board; wi}l need- to,maktthe- determination g9/urrV90 >24/nPwcn ma 'Andersen Pacific appears to be in compliance with the substantive standard that it be prequalified byODOT because-it has astill valid-prequalification-letter-from-ODOR'. a FOYnER SCH0O LA'S BEARO ! ) I1 I H1GN SCNO0I' ' GLACIER - rJ. !r fi?•'t.(l.',` _ \ N $UTA►AER t .d w. PR(ER CREEK `J 1 ~O HNO CREEK ! /'I FA t j\\~~r ~ ~ l 09/14/00 19:07 FAX 3602636340 ANDERSEN PACIFIC a3 9 - DD 2990, Northwest llth Avenue C014 TRACTORS Office (360) 263-6331. Ridgefield, Washington 98642 ANDERSEN Fax (360) 263-634( PACIFIC CETVFD ~NOORPORN SEP 1 5 2000 BY: CITY OF 'T'IGARD September , 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Wetland Afffigation Project No. CIP M-99-39 Vannie T. Nguyen, P.E.: With respect to the above mentioned project, Andersen Pacific Contractors, Inc. understands that there may be some conflict regarding our apparent low bid of September 12, 2000. We understand that the conflict is related to the "Bidder's Checklist", that is located on page 10 of the Contract Proposal. This section states that the proposals will be considered responsive only if the following items are submitted. Item 2 in this checklist in an approved ODOT application & pre-qualification letter. Finally, the end ofthis section states that this application and letter are due at 10:00 AM the day of the bid opening. Next to this above mentioned requirement, Andersen Pacific Contractors, Inc. wrote that the approved MOT application & pre-qualification letter had been previously' submitted. Andersen Pacific Contractors, Inc. is currently constructing the first phase at the above mentioned project site; trail and bridge construction. At the time of that bid we submitted to the City of Tigard our approved MOT application & pre-qualification letter. The City of Tigard has this submittal currently on file with that project. Andersen Pacific Contractors, Inc. was responsive on this proposal for Wetland Mitigation because we did submit this documentation prior to 10:00 AM on the bid date and this information is on file at the City of Tigard. Finally, the City of Tigard reserves the right to waive any informalities and irregularities in said proposals per page 5 of the Bid and Contract Documents. We at Andersen Pacific Contractors, Inc. sincerely believe that situation constitutes a minor informality to the proposal package. Andersen Pacific Contractors, Inc. has an excellent reputation with the City of Tigard and we sincerely look forward to working together again on this project. 1 thank you in advance for your consideration in this matter. 09/14/00 19:07 FAX 3602636340 ANDERSEN PACIFIC Wetland Mitigation City of Tigard Page 2 of 2 Sincerely, L9a4,11 a Daniel G. Andersen, P.E, President ANDERSEN P'ACIRC CONTRACTORS, INC. AGENDA ITEM # Jr FOR AGENDA OF _09/19/00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE STATEWIDE BALLOT MEASURE BRIEFING PREPARED BY: ELIZABETH NEWTON DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Potential impacts of statewide initiatives on City regulations, funds, and budgets. STAFF RECOMMENDATION Information only - no action necessary. INFORMATION SUMMARY Oregon voters will consider 22 initiatives on the November 7, 2000, ballot. Many of these initiatives, if passed, will impact how the City does business either by changing the way the City regulates activity, increasing requirements on City operations, affecting how property owners are compensated for local government actions, or have a direct impact on revenue. A majority of the initiatives that would affect local governments would directly affect taxes, fees and charges, or revenues. Those initiatives will be discussed at the joint City Council-Budget Committee meeting on October 10, 2000. There are three ballot measures that would have other impacts. Those three measures are discussed briefly below. Ballot measure 3, if passed, would amend the constitution to require a conviction before forfeiture of property, restricts the use of proceeds from the sale of forfeited property, requires reporting and penalties. Current law allows the forfeiture of property before a conviction and allows the proceeds of the sale to be used for law enforcement activities. Staff will present Information on the specific impacts passage of this ballot measure would have on police department revenue and activities to the Council on September 19, 2000. Ballot measure 7, if passed, would amend the constitution to require state and local governments to pay property owners if laws or regulations reduce property values. Current law prohibits taking private property for public use without just compensation. The Oregon Supreme Court has not required compensation when property values are merely reduced. This measure would require state and local government to pay landowners the amount of the reduction in value if a law or regulation reduces the property's value; for example, if the owner has to protect certain natural resources, cultural values, or low income housing. This amendment would apply if the local regulation is adopted after the owner acquires the property, and would not apply to nuisance laws, or if the owner sells alcohol, pornography, or operates a casino. Eli These are a number of questions raised by this ballot measure. What about cases where a property owner requests a regulation that impacts the property's value? How would this relate to tree protection ordinances? Would this apply in cases where local governments are applying federal regulations'? Would this apply to adjacent properties? Staff is researching these questions and other issues and will present additional information to Council on September 19, 2000. Ballot measure 87 would amend the constitution to allow the zoning of sexually-oriented businesses without showing threatened or actual neighborhood harm. Currently, the Oregon constitution allows regulation of the location of sexually-oriented businesses only upon showing threatened or actual neighborhood harm. The federal constitution permits some zoning of sexually oriented businesses. Passage of this ballot measure would allow zoning of such businesses to the extent permitted by the federal constitution. If passed, the City could probably amend the zoning code to regulate the location of sexually-oriented businesses away from schools, churches, and residential zones. Copies of all three ballot measures are attached. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None applicable. FISCAL NOTE The estimated fiscal impacts vary for each ballot measure. Ballot measure 3: It is estimated that local revenues will decrease by up to $2 million statewide from reductions in the number and value of forfeitures. An estimate of the impact on Tigard will be available at the September 19, 2000, Council meeting. Ballot measure 7: Local government direct costs are estimated to be $3.8 billion per year statewide. Ballot measure 87: There is no estimated financial impact on local government expenditures or revenues. WGENDA ITEM SUMMARIES~STATEWIDE BALLOT MEASURE BRIEFING.DOC Measure 3 Page 1 0 The Office of the Secretary of State received a certified ballot title from the Attorney General on February 4, 2000, for initiative petition #130, proposing a constitutional amendment, for the General Election of November 7, 2000. The certified ballot title is as follows: Amends Constitution: Requires Conviction Before Forfeiture; Restricts Proceeds . Usage; Requires Reporting, Penalty RESULT OF "YES" VOTE: "Yes" vote requires conviction before property forfeiture; restricts use of proceeds; requires reporting; declares penalty. RESULT OF "NO" VOTE: "No" vote rejects: requiring conviction before forfeiture; restricting use of proceeds; requiring reporting; declaring penalty. SUMMARY: Amends constitution. Current law does not require conviction before property forfeiture. Measure prohibits property forfeiture unless owner or interest-holder has been convicted of crime involving property. Forfeited property's value must be proportional to crime. Contraband, unclaimed property may be forfeited without conviction. Forfeited property's sale must be conducted in commercially reasonable manner. Prohibits applying sale proceeds to law enforcement. Sets priorities for distribution: foreclosed liens, security interests, contracts; forfeiture costs; state drug treatment. Restricts transferring proceedings to federal government. Requires reporting, penalty. Other provisions. Chief Petitioner(s): Ray Heslep, 719 Sunnyside Dr, Eugene, OR 97404. ,I ,I ~i 3 a a http://www.sos.state.or.us/elections/nov72000/measures/130ebt.htm 08/07/2000 s 1 1 RECEIVED '00 JON 5 AM 9 28 BILL BRADBURY SECRETARY OF STATE Article XV of the Constitution of the State of Oregon is amended by a vote of the People to include the following new section: Section 10. The Oregon Property Protection Act of 2000. (1) This section may be known and shall be cited as the "Oregon Property Protection Act of 2000." (2) Statement of principles. The People, in the exercise of the power reserved to them under the Constitution of the State of Oregon, declare that: (a) A basic tenet of a democratic society is that a person is presumed innocent and should not be punished until proven guilty; (b) The property of a person should not be forfeited in a forfeiture proceeding by government unless and until that person is convicted of a crime involving the property; (c) The value of property forfeited should be proportional to the specific conduct for which the owner of the property has been convicted; and (d) Proceeds from forfeited property should be used for treatment of drug abuse unless otherwise specified by law for another purpose. (3) Forfeitures prohibited without conviction. No judgment of forfeiture of property in a civil forfeiture proceeding by the State or any of its political subdivisions shall be allowed or entered until and unless the owner of the property is convicted of a crime in Oregon or another jurisdiction and the property is found by clear and convincing evidence to have been instrumental in committing or facilitating the crime or to be proceeds of that crime. The value of the property forfeited under the provisions of this subsection shall not be excessive and shall be substantially proportional to the specific conduct for which the owner of the property has been convicted. For purposes of this section, "property" means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due. Nothing in this section shall prohibit a person from voluntarily giving a judgment of forfeiture. (4) Protection of innocent property owners. In a civil forfeiture proceeding if a financial institution claiming an interest in the property demonstrates that it holds an interest, its interest shall not be subject to forfeiture. In a civil forfeiture proceeding if a person claiming an interest in the property, other than a financial institution or a defendant who has been charged with or convicted of a crime involving that property, demonstrates that the person has an interest in the property, that person's interest shall not be subject to forfeiture unless: (a) The forfeiting agency proves by clear and convincing evidence that the person took the property or the interest with the intent to defeat the forfeiture; or (b) A conviction under subsection (3) is later obtained against the person. Ell 11M IN mill (5) Exception for unclaimed property and contraband. Notwithstanding the provisions of subsection (3) of this section, if, following notice to all persons known to have an interest or who may have an interest, no person claims an interest in the seized property or if the property is contraband, a judgment of forfeiture may be allowed and entered without a criminal conviction. For purposes of this subsection, "contraband" means personal property, articles or things, including but not limited to controlled substances or drug paraphernalia, that a person is prohibited by Oregon statute or local ordinance from producing, obtaining or possessing. (6) Law enforcement seizures unaffected. Nothing in this section shall be construed to affect the temporary seizure of property for evidentiary, forfeiture, or protective purposes, or to alter the power of the Governor to remit fines or forfeitures under Article V, Section 14, of this Constitution. (7) Disposition of property and proceeds to drug treatment. Any sale of forfeited property shall be conducted in a commercially reasonable manner. Property or proceeds forfeited under subsections (3), (5), or (8) of this section shall not be used for law enforcement purposes but shall be distributed or applied in the following order: (a) To the satisfaction of any foreclosed liens, security interests and contracts in the order of their priority; (b) To the State or any of its political subdivisions for actual and reasonable expenses related to the costs of the forfeiture proceeding, including attorney fees, storage, maintenance, management, and disposition of the property incurred in connection with the We of any forfeited property in an amount not to exceed twenty-five percent of the total proceeds in any single forfeiture; (c) To the State or any of its political subdivisions to be used exclusively for drug treatment, unless another disposition is specially provided by law. (8) State and federal sharing. The State of Oregon or any of its political subdivisions shall take all necessary steps to obtain shared property or proceeds from the United States Department of Justice resulting from a forfeiture. Any property or proceeds received from the United States Department of Justice by the State of Oregon or any of its political subdivisions shall be applied as provided in subsection (7) of this section. (9) Restrictions on State transfers. Neither the State of Oregon, its political subdivisions, nor any forfeiting agency shall transfer forfeiture proceedings to the federal government unless a state court has affirmatively found that: (a) The activity giving rise to the forfeiture is interstate in nature and sufficiently complex to justify the transfer; (b) The seized property may only be forfeited under federal law; or (c) Pursuing forfeiture under state law would unduly burden the state forfeiting agencies. (10) Penalty for violations. Any person acting under color of law, official title or position who takes any action intending to conceal, transfer, withhold, retain, divert or otherwise prevent any proceeds, conveyances, real property, or any things of value forfeited under the law of this State or the United States from being applied, deposited or used in accordance with subsections (7), (8) or (9) of this section shall be subject to a civil penalty in an amount treble 1 the value of the forfeited property concealed, transferred, withheld, retained or diverted. Nothing in this subsection shall be construed to impair judicial immunity if otherwise applicable. (11) Reporting requirement. All forfeiting agencies shall report the nature and disposition of all property and proceeds seized for forfeiture or forfeited to a State asset forfeiture oversight committee that is independent of any forfeiting agency. The asset forfeiture oversight committee shall generate and make available to the public an annual report of the information collected. The asset forfeiture oversight committee shall also make recommendations to ensure that asset forfeiture proceedings are handled in a manner that is fair to innocent property owners and interest holders. (12) Severability. If any part of this section or its application to any person or circumstance is held to be invalid for any reason, then the remaining parts or applications to any persons or circumstances shall not be affected but shall remain in full force and effect. Measure 3 Explanatory Statement Page 1 '2 November 7, 2000 General Election INITIATIVE 130/BALLOT MEASURE Explanatory Statement: Ballot Measure will require Oregon law to be changed to prohibit "asset forfeitures" unless the owner of the property is first convicted of a crime involving the seized property. In an "asset forfeiture proceeding," the government agency may take and dispose of property that the government suspects was used in a crime or is the proceeds of a crime. The property may be personal property, cash, homes or businesses. Under current Oregon law, there is no requirement that the owner of the property must first be arrested or convicted of a crime before his or her property is forfeited to the government. If passed, Measure i will apply the constitutional doctrine of "innocent until proven guilty" to the civil forfeiture process. Under current law, the government must establish probable cause (more likely than not) that the property was used to facilitate a crime, or was acquired from the proceeds of criminal activity. To meet its burden, the government may introduce some evidence that is normally not admissible in other civil proceedings. A property owner may raise certain defenses in a civil forfeiture proceeding. If passed, Measure will require the government to prove by the stricter standard of clear and convincing evidence that the property was used to commit, or was the proceeds of, the crime for which the owner was convicted. If the person whose property was seized is not charged or convicted of a crime, the property must be returned unless the property has been abandoned or is contraband. Current law requires government agencies to report forfeiture actions in drug-related cases to an oversight committee. Measure expands current reporting requirements to include all civil forfeitures. The measure would also require the oversight committee to be independent of any forfeiting agency. Under current law, government agencies may recover from the proceeds the entire cost of pursuing the forfeiture. Measure _ would limit recovery of costs to no more than 25% of the property's value. Under current law, forfeiture proceeds may be used by forfeiting agencies for enforcement of drug laws, as well as drug treatment and education programs. Measure would require that the balance of the proceeds be directed only to drug treatment programs, unless otherwise provided by law. Measure would also require that the value of the property forfeited shall not be excessive and shall be proportional to the conduct for which the owner of the property was convicted. Measure _ would limit state and local government agencies from transferring forfeiture proceedings to the federal government unless the transfer is approved by a state court judge. Measure - would not change current law allowing temporary seizure of property for evidentiary, http://www.sos.state.or.us/elections/nov72000/measures/130es.htm 08/22/2000 Measure 3 Explanatory Statement Page 2 forfeiture, or protective purposes by law enforcement. Measure _ creates penalties for violations of its terms. Go_ To Measure Page Return to November 7 2000 General Election Page Return to Elections Division Main Page Last updated August 2, 2000 http://www.sos.state.or.us/elections/nov72000/measures/130es.htm 08/22/2000 Measure 3 Financial Impact Statement Page ° 1 November 7, 2000, General Election Ballot Measure /Initiative Petition 130 Amends Constitution: Requires Conviction Before Forfeiture; Restricts Proceeds Usage; Requires Reporting, Penalty Estimate of )Financial Impact: State revenues will be reduced by up to $500,000 and local revenues will decrease by up to $2,000,000 from reductions in the number and value of forfeitures. There is no financial effect on local government expenditures. Go To Measure Page Return to November 7 2000 General Election Page Return to Elections Division Main Page Last updated August 2, 2000 http://www.sos.state.or.us/elections/nov72000/measures/130f .htm 08/22/2000 Measure 7 Page 1 0 The Office of the Secretary of State has received a certified ballot title from the Attorney General for initiative petition #46, proposing a constitutional amendment, for the General Election of November 7, 2000. The certified ballot title is as follows: Amends Constitution: Requires Payment To Landowner If Government Regulation Reduces Property Value RESULT OF "YES" VOTE: "Yes" vote requires state, local government pay property owner if law, regulation reduces property value. RESULT OF "NO" VOTE: "No" vote rejects requiring government pay compensation if law or regulation reduces property value. SUMMARY: Amends Constitution. Oregon Constitution prohibits taking private property for public use without just compensation. Oregon Supreme Court has not required compensation when property value merely reduced. Measure requires state, local governments pay landowner amount of reduction in market value if law, regulation reduces property value. Compensation required if owner must act to protect certain natural resource, cultural values or low income housing. Exemption for historically recognized nuisance laws or if owner sells alcohol, pornography, operates casino. Applies if regulation adopted after owner aquires property. Chief Petitioner(s): Stuart Miller, 2348 N Boones Ferry Rd, Woodburn, OR 97071. http://www.sos.state.or.us/elections/nov72000/measures/46cbt.htm 08/07/2000 M,t ,tyre, 7 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON: THE CONSTITUTION OF THE STATE OF OREGON IS AMENDED BY ADDING THE FOLLOWING SUBSECTIONS TO SECTION 18 OF ARTICLE I: (a) If the state, a political subdivision of the state, or a local government passes or enforces a regulation that restricts the use of private real property, and the restriction has the effect of reducing the value of a property upon which the restriction is imposed; the property owner shall be paid just compensation equal to the reduction in the fair market value of the property. (b) For purposes of this section, adoption or enforcement of historically and commonly recognized nuisance laws shall not be deemed to have caused a reduction in the value of a property. The phrase "historically and commonly recognized nuisance laws" shall be narrowly construed in favor of a finding that just compensation is required under this section. (c) A regulating entity may impose, to the minimum extent required, a regulation to implement a requirement of federal law without payment of compensation under this section. Nothing in this 2000 Amendment shall require compensation due to a government regulation prohibiting the use of a property for the purpose of selling pornography, performing nude dancing, selling alcoholic beverages or other controlled substances, or operating a casino or gaming parlor. (d) Compensation shall be due the property owner if the regulation was adopted, first enforced or applied after the current owner of the property'became the owner, and continues to apply to the property 90 days after the owner applies for compensation under this section. (e) Definitions: For purposes of this section, "regulation" shall include any law, rule, ordinance, resolution, goal, or other enforceable enactment of government; "real property" shall include any structure built or sited on the property, aggregate and other removable minerals, and any forest product or other crop grown on the property; "reduction In the fair market value" shall mean the difference in the fair market value of the property before and after application of the regulation, and shall Include the net cost to the landowner of an affirmative obligation to protect, provide, or preserve wildlife habitat, natural areas, wetlands, ecosystems, scenery, open space, historical, archaeological or cultural resources, or low income housing; and "just compensation" shall include, if a claim for compensation is denied or not fully paid within 90 days of filing, reasonable attorney fees and expenses necessary to collect the compensation. (f) If any phrase, clause, or part of this section is found to be invalid by a court of competent jurisdiction, the remaining phrases, clauses and parts shall remain in full force and effect. 31':1S d0 1,'SV13Lr03S 0l411Si3;1 ►ii-id SS h Wd 01 M 66. .03A130313 =MW Measure 7 Explanatory Statement Page 1 November 7, 2000 General Election MwUrt. 9 Initiative 46 Explanatory Statement: Ballot Measure _ would amend the Oregon Constitution to require the state government and all local governments to pay private real property owners when a state or local government regulation restricts the use of real property and reduces its value. "Regulation" is defined as "any law, rule, ordinance, resolution, goal, or other enforceable enactment of government." "Real property" is defined to include "any structure built or sited on the property, aggregate and other removable minerals, and any forest product or other crop grown on the property." The Oregon Constitution now prohibits taking private property for public use without compensating the owner for the value of the property. However, the Oregon Constitution does not require any payment when the value of property is reduced by a regulation that only restricts the use of private 41 property. Ballot Measure _ requires payment to a landowner if an existing or future regulation is adopted, first enforced or applied after the current owner became the owner and still applies to the property 90 days after the owner seeks payment. The payment required is the difference in fair market value of the property before and after a regulation is applied. If a claim is denied or remains unpaid 90 days after the claim is made, "just compensation" would also include reasonable attorney fees and necessary collection expenses. If Ballot Measure _ passes, state and local governments will have a choice: pay owners of real property under the measure; repeal or change a regulation that is subject to the measure; or contest the application of the measure in court. Ballot Measure _ specifically identifies requirements to "protect, provide, or preserve wildlife habitat, natural areas, wetlands, ecosystems, scenery, open space, historical, archaeological or cultural resources, or low income housing" as regulations requiring payments to landowners. However, its stated coverage is broad enough to cover every law, with certain exceptions, that decreases the value of a real property by restricting its use. Ballot Measure makes exceptions for "historically and commonly recognized nuisance laws," for regulations required to implement federal law and for regulations that prohibit the use of a property for selling pornography, performing nude dancing, selling alcoholic beverages or other controlled substances or operating a casino or a gaming parlor. The measure directs that the nuisance law exception be construed narrowly to favor a finding that payment is required. If passed, the amendment would take effect 30 days after the election. Go To Measure Page Return to November 7, 2000 General Election Page Return to Elections Division Main Page Last updated August 2, 2000 http://www.sos.state.or.us/elections/nov72000/measures/46es.htm 08/22/2000 Measure 7 Financial Impact Statement Page 1 November 7, 2000, General Election Ballot Measure /Initiative Petition 46 Amends Constitution: Requires Payment to Landowner if Government Regulation Reduces Property Value Estimate of Financial Impact: Direct costs to the state are estimated to be $137 million per year. Local government direct costs are estimated to be $3.8 billion per year. There is no state or local government revenue impact. Go To Measure Page Return to November 7 2000 General Election Page Return to Elections Division Main Page Last updated August 2, 2000 http://www.sos.state.or.us/elections/nov72000/measures/46fi.htm 08/22/2000 .Measure 87 Page 1 The Office of the Secretary of State has received a certified ballot title from the Attorney General for legislative referral, House Joint Resolution 52, proposing a constitutional amendment, for the General Election of November 7, 2000. The certified ballot title is as follows: AMENDS CONSTITUTION: ALLOWS REGULATION OF LOCATION OF SEXUALLY ORIENTED BUSINESSES THROUGH ZONING RESULT OF "YES" VOTE: "Yes" vote allows zoning of sexually oriented businesses without showing threatened or actual neighborhood harm. RESULT OF "NO" VOTE: "No" vote retains ban on zoning businesses based on content of speech, expression presented there. SUMMARY: Amends constitution. Oregon Constitution allows regulation of location of sexually oriented businesses upon showing of threatened or actual neighborhood harm other than exposure to sexual expression, and only as other businesses' locations regulated for same harm. Federal constitution permits some zoning of sexually oriented businesses. Measure would allow zoning of such businesses without showing threatened or actual harm, to extent permitted by federal constitution. Covers commercial establishments whose principal business is nude dancing, nude entertainment or production, distribution or display of representations of sexual activity. http://www.sos.state.or.us/elections/nov72000/measures/87cbt.htni 08/07/2000 • Page f 2 W2aWA B1 70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session Enrolled House Joint Resolution 52 Sponsored by Representatives PATRIDGE, BACKLUND, BUTLER; Representatives ATKINSON, CLOSE, EDWARDS, GIANELLA, HILL, KAFOURY, KING, KNOPP, KROPF, KRUMMEL, KRUSE, LEHMAN, LEWIS, LOWE, LUNDQUIST, MANNIX, MERKLEY, MINNIS, MORGAN, ROSS, SCHRADER, SIMMONS, SNODGRASS, STARR, STROBECK, SUNSERI, WELLS, WESTLUND, WILLIAMS, WILSON, WINTERS, WITT, Senator BRYANT Be It Resolved by the Legislative Assembly of the State of Oregon: PARAGRAPH 1. The Constitution of the State of Oregon is amended by creating a new section 42 to be added to and made a part of Article I, such section to read: ( + SECTION 42. + ) ( + (1) Notwithstanding section 8 of this Article, to the extent permitted by the United States Constitution, political subdivisions in this state may, through the use of zoning authority, regulate the location of sexually oriented businesses. (2) As used in this section, 'sexually oriented business ' means a commercial establishment, the principal business of which is nude dancing, nude entertainment or the production, distribution or display of representations of sexual activity. + ) PARAGRAPH 2. ( + The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next regular general election held throughout this state. + ) Adopted by House May 14, 1999 Readopted by House July 14, 1999 Chief Clerk of House Speaker of House Adopted by Senate July 12, 1999 President of Senate http://www.leg.state.or.us/99reg/measures/hjrl .dir/hjr0052.en.html 08/07/2000 Page f 2 Enrolled House Joint Resolution 52 (HJR 52-B) Page 1 http://www.leg.state.or.us/99reg/measures/hjrl .dir/hjr0052.en.html 08/07/2000 Measure 87 Explanatory Statement Pag of 1 November 7, 2000 General Election Ballot Measure 87 Explanatory Statement: Ballot Measure 87 would add a new section to the Bill of Rights of the Oregon Constitution. Ballot Measure 87 would remove the limitations that the state constitutional right of free expression (Article 1, Section 8) places on the authority of a local government, such as a city or county, to regulate through zoning the location of a "sexually oriented business," in favor of the zoning authority allowed by the United States Constitution. The United States Constitution gives each city and county more ability to zone the location of sexually oriented businesses than does Article 1, Section 8 of the Oregon Constitution. Under current Oregon law, cities and counties have the authority to regulate the locations of all businesses. However, if a local government seeks to regulate the location of a sexually oriented business based only on the content of what it displays or sells, then that is a violation of the business' right to free expression under the Oregon Constitution. Article 1, Section 8 provides that the government shall pass no law "restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever." Therefore, if a local government currently wants to specially zone the location of sexually oriented businesses, the government has to show some threatened or actual neighborhood harm from the business. Ballot Measure 87 would allow local governments to specially zone the location of sexually oriented businesses without showing any threatened or actual harm, to the extent that the United States Constitution permits. The "sexually oriented businesses" covered by Ballot Measure 87 are those whose "principal business" is: nude dancing; nude entertainment; or the production, distribution or display of representations of sexual activity. Go To Measure Page Return to November 7, 2000 General Election Page Return to Elections Division Main Page Last updated August 14, 2000 http://www.sos.state.or.us/elections/nov72000/measures/87es.htm 08/22/2000 Measure 87 Financial Impact Statement Page I "I November 7, 2000, General Election Ballot Measure 87 Amends Constitution: Allows Regulation of Location of Sexually Oriented Businesses Through Zoning Estimate of Financial Impact: There is no financial effect on state or local government expenditures or revenues. Go To Measure Page Return to November 7, 2000 General Election Page Return to Elections Division Main Page Last updated August 14, 2000 a H E-4 Go E-a aH H t~ a+ http://www.sos.state.or.us/elections/nov72000/measures/87fi.htm 08/22/2000 AGENDA ITEM # FOR AGENDA OF 9-19-00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discuss Procedure for Appointments to Boards and Committees PREPARED BY: Cathy Wheatleyi DEPT HEAD OK CITY MGR OK lJ ISSUE BEFORE THE COUNCIL Discuss Procedure for Appointments to Boards and Committees and consider proposed revisions. STAFF RECOMMENDATION Please see the attached memorandum from City Manager Monahan outlining proposed revisions. INFORMATION SUMMARY Attached is a memorandum from City Manager Monahan suggesting a modification to the Mayor's Appointment Advisory Committee whereby the staff liaison to the applicable board or committee would also serve on the Advisory Committee. Should the changes be acceptable to the City Council, Resolution No. 95-60 (attached) would need to be amended as described in the memo attached. In addition, an amendment to Resolution No. 00-52 (attached) would be necessary on Page 4 under the "Policy Regarding Interrelationships Between the City Council and Its Appointed Commissions, Boards or Committees." If the amendments appear to be acceptable to the City Council, proposed resolutions can be placed on the October 10, 2000, Council Agenda. OTHER ALTERNATIVES CONSIDERED Propose additional amendments to the process, which would amend Resolution Nos. 95-60 and 00-52. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES II N/A I:\ADM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIES\MAYOR'S APPOINTMENT COMMITTEE.DOC MEMORANDUM CITY OF TIGARD, OREGON TO: City Council Members FROM: Bill Monahan DATE: September 12, 2000 SUBJECT: Proposed Revisions to the Procedure for Recruitment and Appointments to Boards and Committees Resolution No. 95-60 established a procedure for recruitment and appointment to boards and committees. The resolution spells out the process to be followed for recruitment, review, and interview of potential board and committee appointees. I would like to suggest a modification to the established procedure. Section 1 states that the Mayor and Councilor serving on the Mayor's Appointments Advisory Committee interview applicants and consider the recommendation of the staff liaison while determining which individuals to interview (Section 1, No. 5.). 1 propose that the role of the staff liaison be increased. The staff member responsible for coordinating the functions of a committee has knowledge of the issues that will be considered by the committee, the composition of the committee, and possibly the membership need. In addition, the staff member has more ongoing contact with appointed members than the Mayor and Council member. I suggest that this section be modified to not only have the staff liaison assist in selecting individuals to be interviewed, but to also participate in the interview process. In fact, it may be helpful to clarify the steps of the procedure outlined in Resolution No. 95-60 to insert a new Item 6 under Section 1. That section could read as follows: "The interview committee shall be made up of the Mayor, Councilor on the Mayor's Appointment Advisory Committee, and the staff liaison to the Committee to which an applicant seeks appointment. The three member committee shall determine the number of applicants to interview based upon the review described in No. 5 above, including incumbents eligible for and seeking re-appointment." To clarify that the staff liaison would be a member of the Mayor's Appointments Advisory Committee, I suggest that Item No. 3 of Section 1 be revised to read: "The Mayor, Councilor serving on the Mayor's Appointment Advisory Committee, and the staff liaison to the applicable City board or committee shall comprise the Mayor's Appointments Advisory Committee. Members of the Committee shall be contacted and a time scheduled to interview interested individuals two (2) months prior to the expiration to any term(s)." By including the staff liaison in the interview process, the Mayor's Appointments Advisory Committee would be composed of two standing committee members (the Mayor and the Council member serving on the committee) and one rotating member (the staff liaison to the appropriate committee). I suggest that the proposed modifications to the procedure for recruitment and appointment to boards and committees be discussed at an upcoming study session of the Council. 101LUMEMOSMODIFY RES 95.60.DOC i I I I I I i CITY OF TIGARD, OREGON RESOLUTION NO. 95-4PO A RESOLUTION ESTABLISHING A PROCEDURE FOR RECRUITMENT AND APPOINTMENTS TO BOARDS AND COMMITTEES WHEREAS, the City of Tigard wants to appoint interested citizens to serve on various Boards and Committees; and WHEREAS, Section 20 of the Tigard Charter gives the Mayor the authority to appoint fellow Council members to internal committees which have been formed by Council rule; and WHEREAS, there are no rules in the Charter governing committees which are created by an ordinance or resolution of Council, where prospective appointees are from the community; and WHEREAS, a written procedure for recruitment and interviewing individuals for Board and Committee appointments would provide consistency and minimize delays in filling vacancies. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: Tigard City Council hereby adopts the following procedure for recruitment, interviewing and appointments to the Budget Committee, the Library Board, and the Planning Commission. 1. Three months prior to the expiration of any term(s) on the Library Board, Planning Commission or Budget Committee, a recruitment notice shall appear in the Cityscape. In addition, any incumbent(s) eligible for reappointment shall be contacted to determine their interest in reappointment. 2. Individuals interested in being considered for appointment to the Budget Committee, Planning Commission, or Library Board shall submit a completed "Citizen's Interest Application" by the deadline submitted in the Cityscape 3. The Mayor and Councilor serving on the Mayor's Appointments Advisory Committee shall be contacted and a time shall be scheduled to interview interested individuals two (2) months prior to the expiration of any term(s). RESOLUTION NO. 95-COD Page 1 4. The staff liaison for the Board or Committee shall review the applications submitted and make recommendations to the Mayor's Appointments Advisory Committee on those individuals to interview. 5. The Mayor and Councilor on the Mayor's Appointment Advisory Committee shall review the applications and, considering the recommendations of the staff liaison, select those individuals to be interviewed. Any incumbent(s) eligible for reappointment shall also be interviewed. 6. The Mayor's Appointment Advisory Committee shall make a recommendation to the full City Council no more than thirty (30) days prior to the expiration of any term(s). 7. Individuals not selected for an interview or individuals interviewed but not appointed shall be notified in writing. 8. Individuals appointed or reappointed shall be notified in writing at least twenty (20) days prior to the expiration of the term to which they are appointed. 9. The staff liaison shall contact the newly appointed Board or Commission member at least two (2) weeks prior to the beginning of the term to schedule an orientation. Reappointed members shall also be contacted and provided an opportunity to discuss issues of concern or interest with the staff liaison. Section 2: Appointments of Council members to internal committees formed ]Qy Council rule shall be made by the Mayor. PASSED: This day of .i Y 1995. M - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 95-_ Page 2 CITY OF TIGARD, OREGON RESOLUTION NO. 00-5a A RESOLUTION REVISING THE POLICY OF THE CITY COUNCIL REGARDING COUNCIL GROUNDRULES AND AGENDA PROCESS WHEREAS, the Tigard City Council periodically reviews Council Groundrules; and WHEREAS, the City Council, on July 25, 2000, directed that several changes be made to the section "Exhibit A" of the City Council Groundrules and Agenda Process; and WHEREAS, it is the desire of the City Council to make the changes discussed and to supercede the previous Resolution No. 99-33. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council hereby revises the Council Groundrules as described n Exhibit "A" attached. PASSED: This 2? day of1=L000. Brian J. Moore, Council President ATTEST: C i a. Lf1 E- t.i n k Gi~ F~ Q City Recorder - City of Tigard 0 I:\ADM\RESOLUTIONS\000822 COUNCIL GROUNDRULES.DOC RESOLUTION NO. 00-5 ~ Page I EXHIBIT "A" Resolution No. 00- 5a CITY COUNCIL GROUNDRULES AND AGENDA PROCESS The following information is intended to assist with preparation for and the conduct of City Council meetings. The City Charter, Article IV, Section 13, contains regulations that govern Council meetings. The Groundrules describe the process followed by Council in scheduling and conducting meetings. Council/Mayor Roles • The Mayor, or in the absence of the Mayor, the Council President, shall be the Presiding Officer at all meetings. The Presiding Officer shall conduct all meetings, preserve order, enforce the rules of the Council and determine the order and length of discussion on any matter before the Council, subject to these rules. The Presiding Officer may move, second, debate and vote and shall not be deprived of any of the rights and privileges of a Councilor. The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents, except where authority to sign certain contracts and other documents has been delegated to the City Manager and all documents shall be attested to by the City Recorder. The Mayor shall appoint the committees provided by the Rules of Council. • In all other actions, decisions and other matters relating to the conduct of business of the City, the Mayor or President shall have no more or less authority than any other Council member. For the purposes of this written procedure any reference to the Council (unless otherwise specifically noted to the contrary) will include the Mayor, President and Council members. Conduct of City Meetings O Council will meet,at least once a month. Regularly scheduled meetings shall be on the second, third, and fourth Tuesdays of each month. i i . The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. • Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. a at the established place of meeting. On the second and fourth Tuesdays the 3 meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. • Roll Call/Voting Order: The roll shall be called in alphabetical order by last name. At each succeeding meeting at which a roll call vote is taken, the council person who voted last during the previous meeting, shall vote first and the Council person who 1 voted first during the preceding meeting shall vote second and so on in a rotating fashion. It is the intent that the voting order remain fixed for each meeting and that a different Council person shall vote last during each separate meeting for the duration of the meeting. • Charter Section 19 provides that 'the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any question before the Council.' A Council member who abstains or passes shall be considered present for determining whether a quorum exists, but shall not be counted as voting. Therefore, abstentions and 'passes' shall not be counted in the total vote and only votes in favor of or against a measure shall be counted in determining whether a measure receives a majority. • The Chair, or other members if the Chair fails to remember, shall call for a Point of Order at or around 9:30 p.m. to review remaining items on the agenda with the Council. The Council may reset or reschedule those items, which it feels may not be reached prior to the regular time of adjournment. • The Council's goal is to adjourn prior to 10 p. m. unless extended by majority consent of all Council members then present. If not continued by majority consent, then the meeting shall be adjourned to either the next scheduled meeting or the meeting shall be continued to a special meeting on another date. • Definitions - Meeting Types, Study Sessions and Executive Sessions: > BUSINESS MEETINGS: Business meetings are regular meetings where Council may deliberate toward a final decision on an agenda item including consideration of ordinances, resolutions & conducting public hearings. Business meetings are open to the public. The regularly scheduled business meetings are televised. Business meetings are generally scheduled to begin at 7:30 p.m. with a study session preceding the Business Meeting at 6:30 p.m. Study Sessions are a workshop-type of meeting (see definition below) which also provide an opportunity for the Council to review the business meeting agenda and to ask questions for clarification on issues or on process. Study'Sessions are open to the public. 4 All Council meetings are open to the public with the exception of Executive Sessions. Executive Sessions can be called under certain c circumstances and topics are limited to those defined by ORS 192.660. H - - The "Visitor's Agenda" is a regular feature on the Council Business meetings. This item will be placed near the beginning of the Council Agenda to give citizens and visitors a chance to introduce a topic to the City Council. Council may decide to refer an issue to staff and/or schedule the topic for a later Council meeting. > WORKSHOP MEETING: Workshop meetings are regular meetings where Council reviews and discusses agenda topics with no intent of deliberating toward a final decision during the meeting. Workshop 2 meetings are not currently scheduled to be televised but are open to the public. Workshop agenda items are generally topics which Council is receiving preliminary information on and providing direction for further staff analysis and information gathering for a later business meeting. Workshop topics may also include discussions with standing boards and committees, as well as other governmental units. Appropriate topics for Workshop meetings include: - Introduce a Topic: Staff will bring up new items to determine whether Council wants to entertain further discussion and whether to schedule the topic as an item on a future agenda. - Educational Meetings: Council will review research information presented by staff, consultants, or task forces - usually as a process check; i.e., is the issue on the right "track"? Meet with individuals from City boards and committees or other jurisdictions to discuss items of common interest (examples: other Councils, the School District, and other officials). - Administrative Updates: Items such as calendar information, scheduling preferences, process checks. > STUDY SESSIONS: Study Sessions precede or follow a Business Meeting or Workshop Meeting. As stated above, they are conducted in a Workshop-type setting to provide an opportunity for Council to review the Business Meeting Agenda and to ask questions for clarification on issues or on process. Information is also shared on items that are time sensitive. During Study Sessions, any Council member may call for a Point of Order whenever he or she wishes to stop the "discussion" because he or she feels that it is more appropriate for the City Council to discuss the matter during the Council meeting. If a Point of Order is raised, the City Council will discuss the Point of Order and determine whether the "discussion" should continue on or be held during the Council meeting. The decision on whether to continue the "discussion" or not shall be determined by the majority vote of the Council members present. If Council discusses a Council Agenda Topic in a Study Session prior to a Council meeting, eitherthe Presiding Officer or City Manager will briefly state at the introduction of the Agenda Topic, the fact that Council discussed the topic in the Study Session and mention the key points of the discussion. > EXECUTIVE SESSIONS: Meetings conducted by the Council, City Manager, and appropriate staff for deliberation on certain matters in a setting closed to the public. Executive Sessions may be held during a regular, special or emergency meeting after the Presiding Officer has identified the ORS authorization for holding the Executive Session. Among the permitted topics are employment of a public officer, deliberations with the persons designated by the Council to carry on labor negotiations, deliberations with persons designated to negotiate real property transactions, and to consult with legal counsel regarding current litigation or litigation likely to be filed. 3 e Policy Regarding Interrelationships Between the City Council and Its Appointed Commissions. Boards or Committees (hereinafter referred to as "Boards") • The Council shall follow the Procedure for Recruitment and Appointments to Boards and Committees established in Resolution No. 95-60. • Appointments to any committees not covered by Resolution No. 95-60 shall be made following the procedure provided within the Resolution or Ordinance, which created the committee. • Appointments to intergovernmental committees shall be made by Council Action. • Appointments of Council members to internal City committees as the Council Liaison shall be made by the City Council. • It is Council policy to make known to the public, by notice in the Cityscape, of the occurrence of vacancies on City boards for the purpose of informing persons who may be interested in appointment. • Council will entertain regular representation by persons outside the City on those boards, which provide for such non-city membership. • The Mayor and one Council member will serve on the Mayor's Appointment Advisory Committee for the purpose of interviewing and recommending potential board members. Council members will serve on this Committee with the Mayor on a rotated basis for a term of six months. Terms shall begin January 1 and July 1. Communications Between City Councilors, City Manager and Staff • Councilors are encouraged to maintain open communications with the City Manager, both as a group and individually in one-on-one sessions. • Councilors are encouraged to direct inquiries through the City Manager, giving as much information as possible to ensure a thorough response. • in the absence of the City Manager, Councilors are encouraged to contact the Assistant to the City Manager. In the absence of both the City Manager and the Assistant to the City Manager, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City i Manager. i a • Contacts below the Department Head are discouraged due to the possible disruption of work, confusion on priorities, and limited scope of response. a a 4 Council Agendas and Packet Information • The City Manager will schedule agenda items while attempting to maintain balanced agendas to allow for discussion of topics while meeting the established 10 p.m. adjournment time. • The City Manager will schedule items allowing time for staff research and the agenda cycle deadlines. • The agenda cycle calls for submittal of items 10 days in advance of a Council meeting. Add-ons are to be minimized, as well as handouts distributed at the start of meetings, except Executive Sessions. • Councilors and staff will prepare in advance of public meetings and issues should be presented fully in packets. • Council is supportive of the role staff should play in offering professional recommendations. Staff is aware of Council's right to make final decisions after considering the staff recommendation, public input, the record and Council deliberation on the matter. Communications Among Councilors • Councilors are encouraged to suggest agenda topics at the bench or to contact the City Manager about scheduling an item into the Tentative Agenda. • Add-on Agenda items should be brought up at the start of the meeting and generally considered only if continuing to a later agenda is not appropriate. • Requests for legislative action of Council may be initiated by an individual Council member during a Council meeting. The City Manager will respond to the request consistent with resources and priorities, or refer the question of scheduling to Council as a whole. Communications With Community/General Public • Councilors and the General Public are reminded of the Agenda cycle and cut-off dates. Administrative staff is available to explain how public issues are handled and how citizen input may be accomplished. • "Official" communication should come through City Hall and be provided by the City Manager. Direct submittal or inquiries to the Council or individual Councilors should be referred to the City Manager or Councilors may ask the City Manager to look into an issue. • Official "press releases" are encouraged, both to assure accurate reporting and to advise Council and Staff of the official position communicated to the press. Press releases are through the City Manager's Office. 5 General • Councilors are always Councilors in the eyes of the Administration, never simply private citizens. Thus, Councilors are always treated by Administration as Council members. • Information that "affects" the Council should go to Council. The City Manager is to decide on "gray areas," but too much information is preferable to too little. • Budget cuts or increases are policy decisions. Budgets will not be cut "piece meal" or "across the board," but rather should be made in service or program areas, giving staff full opportunity to provide data clearly defining the anticipated impact of the action. • It is the policy of the Council that if Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment. • Councilors and the City Manager agree to report and discuss any contact, which might affect labor relations with the entire Council in Executive Session. • The Council Groundrules will be submitted for review by Council each year either in the July or August Workshop Meeting. The Groundrules can be reviewed and revised at any other time in the year when a specific issue or issues are identified requiring action prior to the established review period. I:IADMICATHYICOUNCILICOUNCILRULES.EXA DOC 4 a 7 a 6 AGENDA ITEM # -d" FOR AGENDA OF September 19, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Scope of Work and Public Involvement Plan for Implementation of Washington Square Regional Center Plan PREPARED BY: J. Hendryx DEPT HEAD OK ITY MGR OK ISSUE BEFORE THE COUNCIL Should Council give its consensus to proceed with the scope of work and public involvement plan for the implementation of the Washington Square Regional Center Plan? STAFF RECOMMENDATION Staff requests that Council agree to proceed with the scope of work and public involvement plan and direct staff to return to Council with a resolution to adopt and authorize the City Manager to sign the contract for consultant services. INFORMATION SUMMARY In early 2000, City Council adopted the Washington Square Regional Center Master Plan, but delayed implementation until issues regarding funding of infrastructure, open space, and storm water management could be addressed. The City has received a TGM grant to examine transportation issues associated with the plan. The City has earmarked additional funds to look at issues associated with open space, natural resources, and storm water. It is envisioned that these two efforts will occur using the same consultants. The product developed will be taken to City Council for their approval with the ultimate goal of implementing the adopted zoning and Comprehensive Plan language previously approved. The City has contracted with the consulting firms of Cogan Owens Cogan and Spencer & Kupper to prepare an implementation plan and address how development can occur in compliance with environmental regulations. The consultants have recommended a public involvement plan, with the following tasks: Reconvene the Washin tg o, n Square Regional Center Plan Task Force - to develop an informed constituency for the project that is a sounding board for development of project objectives and implementing measures. Conduct meetings of the Washington Square Task Force - to carry out a public participation program that obtains community and policy input throughout the project. Organize technical advisory subcommittees - to work on issues. Design and facilitate public events - to provide opportunity for the general public to gain information about a the regional center project and provide input at key steps along the planning process. s Conduct additional outreach as needed - to provide opportunities for the public to receive information about ! the project as it progresses. 1 After appointment of the task force, it will take up to 12 months to complete the implementation phase of the Washington Square Plan. The scope of work and a more detailed copy of the recommendation and time schedule are attached. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management - Goal #1, accommodate growth while protecting the character and livability of new and established areas; Strategy 3, address planning and growth issues associated with the Regional Center. FISCAL NOTES The City has approximately $115,000 available for the consultant's portion of the project. iAcilywid6sum.dol Washington Square Implementation Plan REQUEST FOR PROPOSAL The City of Tigard requests proposals from qualified applicants to prepare an implementation plan for the adopted Washington Square Regional Center Master Plan (WSRC). This work will be done parallel to work that is being done on the transportation elements of the WSRC under a TGM grant. The primary purpose of this work is to provide City Council with a plan that indicates what the necessary facilities are to implement the WSRC and how they can be provided. Additionally, the plan will address how development can occur in compliance with environmental regulations. PROJECT DESCRIPTION In early 2000, City Council adopted the WSRC Master Plan but delayed implementation until issues regarding funding of infrastructure, open space, and storm water management could be addressed. The City has received a TGM grant to examine transportation issues associated with the plan. The City has earmarked additional funds to look at issues associated with open space, natural resources and storm water. It is envisioned that these two efforts will occur using the same consultant group in parallel. The product developed will be taken to City Council for their approval with the ultimate goal of implementing the adopted zoning and Comprehensive Plan language previously approved. _ PROJECT SCOPE Task 1: Public improvement needs assessment, alternatives, and recommended approach for storm water drainage A. Develop a needs assessment, alternatives and recommended approach for storm water drainage improvements Product: Report identifying findings B. Identify funding mechanisms for implementation Product: Report identifying findings Task 2: Public improvement needs assessment, alternatives, and recommended approach for open space and natural resources A. Develop a needs assessment, alternatives and recommended approach for open space Product: Report identifyinj finaings B. Identify applicable environmental regulations and create an area wide approach to applying the regulations Product: Area wide plan addressing environmental regulations Task 3: Prepare Funding Implementation Strategies for Public Improvements (storm water drainage and open space) A. Explore funding implementation strategies for storm water drainage and open space improvements Product: Summary of finding B. Prepare recommendations for funding Product: Presentation of findings to City Council Task 4: Public Involvement A. Formulate public involvement strategy to provide public information and obtain input at key decision points. Product: Public involvement plan and budget Task 5: Code and Comprehensive Plan Refinement A. Review adopted Zoning Code Comprehensive Plan language for the WSRC and recommend refinement if necessary Product: Summary of issues and revised text language if necessary REPORTS/INFORMATION TO BE PROVIDED TO THE CONSULTANT BY THE CITY 1. Base maps of the area. 2. Thematic maps of the area - zoning, existing land use, wetlands, rights-of-way, and other themes that can be created as requested. 3. Task Force Recommended Regional Center Plan dated September 1999 4. Tigard Comprehensive Plan and Community Development Plan 5. Relevant inventory, ownership, valuation information for the area, PROJECT SCHEDULE Selected consultants will be interviewed by a panel during the week of June 26'h, 2000 with the final selection on June 28th The contract will be scheduled to be awarded by the Tigard City Council following selection. The consultant should be prepared to start on the project immediately after selection. The project should be completed within ten months of consultant selection. PROJECT BUDGET The City has approximately $115,000 available for the consultant's portion of the project. SUBMITTAL REQUIREMENTS The City requires that interested individuals and firms submit three copies of their proposal for meeting this request. The proposal should include: 1. Name and qualification for all individuals that will perform work on the project. Include the estimated hours to be spent on the project by each individual and hourly rate for each. 2. An itemization of other project expenses and their estimated cost. 3. Description of prior experience and references of one or more municipal entities for which the respondent has prepared a similar plan. Include the name of the organization, a contact person, and a telephone number. 4. A detailed work program which describes the services to be rendered including specific phases and the estimated time frame for completion of each phase. 5. Total fee for the proposed work itemized on an hourly basis that includes: -Amount of time and budget to be expended by principle(s); -Amount of time and budget to be expended by subcontractor; -Amount of budget allocated to materials and expenses. 6. Statement regarding ability to start and complete the project within the defined time frame. MMMJ CONTRACT REQUIREMENTS The City of Tigard's standard form of contract shall be used for this project. The consultant will be required to carry insurance in the types and amounts specified by the City in the contract. BASIS OF AWARD Firms will be selected on the basis of their experience and qualifications as stated in the proposal, demonstrated in previous work and as determined in subsequent interviews. Factors that will be especially considered include: -Responsiveness to this RFP -Quality of methodology to be used -Experience with similar projects -Skill in public involvement and consensus building -Ability to meet time schedule -Ability to create a realistic work program that accomplishes the scope of work -Proposed budget DEADLINE Proposals must be submitted to: Nadine Smith Planning Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Proposals must be received by June 21, 2000 at 5 p.m. Questions regarding this Request for Proposal or the proposed project should be directed to Nadine Smith or Laurie Nicholson at (503)639-4171. Washington Square Regional Center Plan Implementation Recommended Public Involvement Plan Revised August 8, 2000 Based upon discussion with City of Tigard staff, the consultant team and the TGM grant manager, we recommend the following Phase I public involvement tasks to meet the goals of maximum public and agency involvement most efficiently and effectively. We recommend the following time schedule: 2000 2001 Sept-Oct Nov-Dec Jan-Feb Mar-Apr May/June Task Force Technical Advisory Subcommittees Public Events ® = Meeting or event = Work task (or meeting period) Task 1. Reconvene Washington Square Regional Center Plan Task Force. We recommend inviting all members of the original Task Force to participate again in this project as the Task Force was broadly based and representative of all appropriate stakeholder interests. This includes agency representatives from ODOT, Metro, City of Beaverton, Tri-Met and Washington County. We will work with the City to recruit additional representatives for any individual interest who cannot continue. The Task Force will be reconvened to provide project oversight and guidance, address the major issues of the study, resolve potential conflicts, and give guidance on funding implementation recommendations developed by the Technical Advisory Subcommittees. The City will invite the participation of the original Task Force members and announce initiation of this process through its citizen involvement and outreach channels (Cityscape, etc.). Objective: To develop an informed constituency for the project that is a sounding board for development of project objectives and implementing measures. Methodology: The Public Involvement member of the consulting team will develop a schedule of Task Force meetings that provides citizens with meaningful ways to have an effect on the project. We also will solicit the names of interested individuals and groups who will be on the project mailing list to be notified of meetings, events and updates on the progress of the work. Products: New Task Force mailing list and list of interested citizens. Meeting schedule for Task Force and other means for public participation on different project elements. Schedule: August -September Task 2. Conduct meetings of the Washington Square Task Force. Design and facilitate meetings and community presentations on project elements throughout the process. t Objectives: To carry out a public participation program that obtains community and policy input throughout the project. As noted above, in addition to citizen interests, the following agencies shall be members of the Task Force: ODOT, Metro, City of Beaverton, Tri-Met, DLCD and Washington County. The Tigard City Council shall appoint the Washington Square Task Force members. Task Force members shall be expected to coordinate with their respective agencies and/or constituents, and to participate in Task Force meetings as reasonably expected. Methodology: Conduct up to three meetings and schedule presentations in the community as appropriate for project elements. Maintain summary minutes of meetings and provide necessary follow-up to enhance public participation. Products: Meeting agendas, summary minutes and backup materials. Schedule: Ongoing throughout the project. Task 3. Organize Technical Advisory Subcommittees. Convene and organize Technical Advisory Subcommittees. Objective: Due to the need to examine specific issues in detail during this process, we recommend organizing Technical Advisory Subcommittees (TAS) with representation from the full Task Force and other interested parties to work on these discrete issues. Methodology: Four TAS groups, each with a membership of approximately 12-15 people, will be convened to examine the following topic areas. ❖ Transportation ❖ Stormwater Natural Resources ❖ Parks/ Open Space The City will invite community members to participate through its citizen involvement and outreach channels. Seats on the subcommittees will include no more than three (3) Task Force members, no more than three (3) citizens at-large, three to six (3-6) agency/ special interest representatives; and no more than three (3) representatives from the business community. The subcommittees will meet between full Task Force meetings. Elaine Cogan will facilitate the Task Force and train City staff, consultants or others to facilitate the TAS processes. Each TAS will be staffed with a trained facilitator and recorder. The meetings will be approximately two hours each. Methodology: Identify appropriate agency staff and citizens to participate in the TAS process. Establish meeting schedules based upon work program elements. Conduct up to four meetings, update work program accordingly. Products: Meeting agendas, summary minutes, backup materials, and other written documents. Meeting agendas and review materials will be made available to all meeting participants one week prior to the meeting. Informed scrutiny by interested parties of key elements in the study for eventual deliberation and decisions by the full Task Force. Schedule: Ongoing throughout the project. Task 4. Design and Facilitate Public Events. Design, promote and facilitate up to two public events. 2 Objective: To provide opportunity for the general public to gain information about the regional center project and provide input at key steps along the planning process. Methodology: Develop communication materials, conduct and report on two public events during the process. The initial public event, helr'. in early January, will present an overview and update of the project, Task Force and Subcommittee work to date, and engage members of the public in workshop-type discussions according to topic area. The second public event will be held later in the spring to present draft recommendations, including financing strategies, and allow time for the Task Force to consider public comment before finalizing recommendations for the Tigard Planning Commission and City Council in June. Products: Meeting agendas, notification materials and meeting summaries. Task 5. Conduct Additional Outreach as Needed Objectives: Provide opportunities for the public to receive information about the project as it progresses. Methodology: The City currently manages a variety of public education and involvement opportunities; for example, the CIT meetings, broadcast on community access cable, are a forum for promoting the process and opportunities to participate. Other venues are the Cityscape newsletter; and the City's website. The consultant will work with City staff to provide information about the project to be disseminated through these channels. Products: Continued opportunities to update members of the public on the work as it progresses. \\NTSERVER\COOCurrent Projects\0029 WashSgII\PIapproach8800.doc 3 AGENDA ITEM # 8 FOR AGENDA OF 19 September 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Shall the council allow for the temporary use of an area on City property as a dog off leash area. PREPARED BY: John Roy DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL, Shall the Council designate an area on City property as a temporary dog off leash area while City staff and a citizen's committee work towards the creation of a permanent dog park. STAFF RECOMMENDATION Staff recommends that Council approve the use of the Ash Ave. property as a temporary dog off leash area. INFORMATION SUMMARY On July I Ph 2000, staff informed Council (see attached addenda) of the dog off leash pilot project at the Riverwood Lane Greenway being discontinued. Staff reported that the dog off leash pilot project was undertaken to attempt to reduce the numbers of dogs off leash in Cook Park and the wetlands at the Park. After the report to Council, staff removed the off leash dog area signs. There after, staff received numerous calls and Ernails from citizens complaining about the lack of notification and the discontinuance without public input. Staff then set up a meeting date of August 3rd 2000, to meet with citizens to explain the background history of the pilot project and the reasons for its discontinuance. This meeting was postponed until August 30`h, 2000 (see attached addenda for meeting agenda and meeting notes). On August 30`h the citizens meeting was held with approximately 80 citizens attending, in addition to Linda Kelly from Unified Sewerage Agency to discuss water quality of the Tualatin, and city staff. Background information of the pilot project was discussed as well as citizen concerns regarding the process and their dissatisfaction with the discontinuance of the off leash area. It was decided that an informal citizen's committee would be formed to work with City staff to prepare a recommendation to Council regarding the temporary use of the Riverwood Greenway for a dog off leash area. The committee met on September 6`h 2000 to develop criteria for siting a dog park, potential sites, and to discuss maintenance and operation of a dog park.(See attached addenda for meeting notes). OTHER ALTERNATIVES CONSIDERED • Restore the Riverwood Greenway as an off leash area. • Continue to not utilize the Riverwood Greenway as an off leash area. • Approve staff's recommendation that the City property on Ash Ave. be utilized on a temporary basis as a dog off leash park. • Direct staff to search for other potential dog park locations. l VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY FISCAL NOTES No funds were allocated in the FY 2000/2001 budget. Staff request's that Council authorize a dollar amount not to exceed $5,000.00 for the establishment of a temporary dog off leash park with the money to come from salary savings in the Park budget. i:kitywide\sum.dot Index to Addenda Dog Off-Leash Area 1. Excerpt - Council Minutes of July 11, 2000 2. Off Leash Area Meeting Agenda - August 30, 2000 3. Information from Washington County Dog Control 4. Excerpt -Tigard Municipal Code 5. "Tips on Starting a Dogpark" 6. Off Leash Meeting Notes - August 30, 2000 7. Dog Park Meeting Notes - September 6, 2000 hA M\CATHMOUNCILOOG PARK ADENDA LIST - 9-19-00 MEETING.DOC 9. PARKS AND TRAILS UPDATE Mr. Wegner announced that tomorrow was Jeff Munro's last day at the City; he has accepted a job as Parks Supervisor at the City of Gresham. He reviewed Mr. Munro's excellent work and contributions to the City as Tigard's Parks Supervisor, mentioning his work on Woodard Park, the City Communication and Media Guide, the volunteer program, the Balloon Festival, and Trees 2000. He wished Mr. Munro the best. The Council concurred, with each Councilor congratulating Mr. Munro. John Roy, Property Manager, gave a PowerPoint presentation on the implementation of the Cook Park expansion Plan, adopted by Council in 1997 (see attachments). He reviewed the Master plan components and discussed which elements of the Master Plan staff has implemented in the past two years. He mentioned that the Bishop-Scheckla multiuse pavilion has been used for several cultural events since its dedication in September 1999. He noted the current projects underway, including the design of the emergency access trail from 85"' Avenue to Cook Park and the engineering design work for the remaining three phases of the expansion plan. Mr. Roy confirmed to Councilor Scheckla that the two-inch water line installed down to the picnic shelter by the riverfront provided potable water; all water in the park was potable. Mr. Roy reviewed the specific elements in the remaining three phases. He mentioned the scheduled completion dates for the design and construction of each phase. He pointed out that staff decided to complete the design work for each phase by October 2, 2000, so that they would have the plans needed for the scheduled construction (April 2001 to November 2003) in case the consultant doing the work went out of business (that happened with the first consultant, and they had to re-bid). I-lc explained that staff staggered the construction of the three phases over the three years they were allowed for construction under the land use permit. Mr. Roy reviewed a map illustrating the locations of the projects in the three phases. He mentioned other activities in Cook Park not related to the expansion plan, including relocation of the horseshoe . Roy reported that the trial dog off-leash area he implemented a year and a half ago in Cook Park ng Riverwood Lane has not worked out. He mentioned numerous complaints from park users rRiver; area. rful of the dogs for themselves and their own leashed pets. He explained that they have realized t the location was inappropriate due to its proximity to a natural drainage swale and the Tualatin when pet owners did not clean up after their dogs, there was the risk of fecal choloform getting into the river. He said that they were looking at other parks for a more appropriate. Mr. Roy confirmcd to Councilor Hunt that they were discontinuing the use and placing signs stating that dogs off leash were no longer allowed. Councilor Scheckla suggested the skateboarding area on the USA property. Jeff Munro, Parks Supervisor, gave a PowerPoint presentation on the staff work in other parks around the City. He noted that staff was working with the neighbors on developing Northview Park. He referred to the transplanting of rhododendrons to Summerlake Park, and the installation of an irrigation system. Mr. Munro discussed the lake weed harvesting at Summerlake. He explained to Councilor Scheckla that staff reduced the harvest from three times a year to two times a year (July, September) because they discovered that the annual growth pattern did not require three cuts a year. Mr. Wegner mentioned the Summerlake Task Force looking for a permanent solution to improving water quality at Summerlake. He indicated that the cost was $7,500 per harvest. Mr. Munro reviewed the improvements at Jack Park, mentioning the playground installed by staff in particular. He discussed the adopted paths and parks program. He noted the start construction dates for the two segments of the Fanno Creek Trail, with completion scheduled in October. CITY COUNCIL MEETING MINUTES -JULY 11, 2000 - Page 10 z. ■ ■ v ■,r. ■ ■ ■ ■ ■ RU ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ e ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ m ~ q ■ ■ ■ ■ ■ ® Leash Area Meeting Agenda ■ ° August 30, 2000 - 7:00 p.m. Torn Haff ■ ■ ■ ■ Purpose: To determine if and where an appropriate site for an Off Leash Area exists in Tigard o ■ 1. Background/History -John Roy a ■ Formation of pilot project in June 1998 ■ Dogs off leash in Cook Park ■ ■ Encroachment of Wetland areas ■ ■ Discontinue pilot project - July 2000 ■ ■ Citizens concerns ■ Stewardship ° ■ Current off leash regulations ■ Washington County Dog Control 6.04.050 ■ Tigard Municipal Code 7.52.190 2. Water Quality/Title III - Linda Kelly, Unify Sereerage Ageruy a q 3. Zoning/Permit Process - Dick Beuersdorl ■ q 4. Standards/Criteria for Off Leash Area - Jahn Roy ■ a Size ■ ■ ■ Water availability ■ • Amenities ■ ■ Regulations and signage ■ ■ User fees ■ ■ ■ ■ q ■ 5. Site Location Options - john Roy ■ e q ■ 6. Costs & Maintenance - John Roy 7. Next Step - Where do we go from here? ■ ■ ■ e Time will be allowed during each agenda item to allow for public questions or comments ■ ■ ■ ■ ■ O ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ s ■ s ■ ■ a m ° ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ • a ■ e ■ ■ a ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ I Jill Barkitig Dag . ` and yyashtn ton Coun o At Large i Control and Do S -all Peiter nnle ~a 080 S01 to be Code 6.04. 080 unlawful for any Pe the person services It is er of a -dog which public staff provides many t>1e`keep being a P I Qur le of Washington fails to prevent frobing the peace' to the Pe°p d1Stur county : nuisance by or repose of any ' fort, ort corn f r~a~onable Sensiti ahl and ordinance suppntral person making o loud, long unnecess rY a z Loose amoral co ntinuous noises. with barking Assistance co problems ations investig Code 6.04-Q50 erson to be 3 Livest°ck a~ckations wfii! fot any p at large. s 'Bite investigations it is unla running 'Per of a dog Rabies shot records the keep v~iTY Licenses 1NG~(~N C4 to injured dogs WASH OREGON Assistance ured dogs e of in} ag cove, 4 hour o vestigations Counly Q0~ C0ntto1 and Cruelty 1[1 and cats o s~ VJash~n8ton s 5ma11 Animal for lost dogsd cats U • n gona~c i Kay galley lle,ay ualaun shelter 2650 n Adoption of dogs at Pets Q 265~1HEIS~SO~lOa6 ~Oal lz3 1 I'D foP t ID tags Ca e education Humane f Y . o therapy G o Pet assisted N o N. r a, accepted. „,bolls graciously 00/30/00 "LP 14:9t rnA ava 04V IVYL ~~n•u w - The Washington County Dog Control receives many calls every day from irate neighbors of dog owners whose dogs are creating a problem and nuisance by barking and/or running at large. Due to a complaint received for this address, we are sending you this information packet to inform you of the policies of Washington, County Dog Controf regarding barking dogs and dogs running at large. BARKING DOGS Ordinance 6.04.080 ..3 Excessive barking is a code violation and is unlawful. Unlawful barking is defined as a period of 5 minutes of barking during a 15-minute interval at any time of day. °.3 There may be many reasons why the dog is barking. Often when two neighbors get together to discuss the reason and the problem is taken care of. Many times the dog owner simply does not know that the dog is barking because the dog only barks while being alone during the day. Making the dog owner aware of the situation usually solves the problem. See attached page of "Noisy Animals are Nobody's Best Friend" for suggestions on how you can help to correct the barking probleins. DOGAT LARGE Ordinance 6.04.050 .i Definitions of "Dog running at barge" means a dog off or outside the premises of the owner, not restrained by a rope, line, leash, chain or other similar means, or not under the immediate control, restrained or command of an owner thereof If a dog is not restrained by a tether of some kind, is riot at heel or not a working dog in the Cield, that dog shall be deemed at large. Suggestions on how to keep your dog from running at large: Fencing is the best way to confine a pet. The fence should be of sufficient height to keep the dog from being able to jump over it. It should be in good repair to keep the dog from going through or tinder it. .h A cable system will give your dog the opportunity for movement without being staked to one area. From a tree or post, run a length of cable tight. Run a length of chain from the cable to 4 feet past where the chain touches the ground. Run the first loop of the chain over the cable and attach the other end to the collar or harness of the dog. This gives the dog a good deal of freedom. Check with your pet supply store or hardware store for cable systems. i Staking the dog to one place is the least desirable way to confine the dog. This consists of driving a heavy steel rod into the ground and attaching the chain in such a way as to allow it to swivel around to avoid the chain from wrapping up around the stake. Xhichever way you choose, make sure there is adequate water and food along with shelter front the sun and wet or cold weather. tbedience training will stake your pet it joy to own and be a better neighbor. i Vhcn your dog is offa leash. You must be able to touch the dog with your hand to be at "heel" Working dogs. (Herding dogs, huntin i g g wgs, tracking dogs) must be under voice or whistle command. 1 i stray dog that is picked up will be brought to the Washington County Small Animal Shelter by a Dog Control official or a private itiien may bring a stray dog in. Any dog that does not haven dog license will be held at the shelter for three days. Depending on [tic { midition, temperament, health and ape of the dog, it may he made available for adoption on the fourth (lay. + iectised dogs that have evidence of a VALID license and or microchip by (his county or some other authorized governmental entity 3 ill he held for seven (lays. A certittcd letter will be sent to the person who purchased the license for the dog at the address shown in lie computer. rues may be redeemed by the owner/keeper during normal business hours. •londay through Friday 12:00 p.m. to 6:00 p.rn. Saturday from 11:00 am to 5:00 p.m. The Shelter is Closed Sundays and Holidays. Val./JV/UU WED 1J:41 tAA OUJ 040 I V41 nAan %.v uu%y %.VIIIIAuL yam , , , NOISY ANIMALS ARE NOBODY'S BEST FRIEND What is u noisv dog? o Train your dog to stay quietly within its quarters when'I l.t is unlawful to own: A dog that is disturbing the peace, you are away. comfort, health or repose of any person of reasonable sensitivity, by making loud, long unnecessary and contiiluous Breaking had habits. noises. 0 The best cure for barking dogs is prevention early in a dog's life. What is good abour a barking dog? U If a dog already has a barking habit, then you must make ❑ Alerts owners of pou-niial problems. efforts to correct the situation. o Warns owners of a stranger's presence. u Whatever training method you choose, be consistent and Alerts neighbors of intruders whrn you are not home. persistent with the animal. U Indicates an animal in distress. ❑ Simple scolding and punishment may be enough. C3 When left alone in the house, help the loneliness by i What & bad about a barking dog? leaving on a radio. u One dog's barking usually starts another dog barking. o To help either an indoor or outdoor dog with boredom, a Excessive barking is extremely annoying. be sure they have some toys available for amusement. 0 Barking that disturbs one's repose is aggravating. U Don't make a big issue out of leaving or returning home. o Excessive noise disturbs those who are ill, shut in, etc. An overly excited dog is more likely to bark and yelp. ❑ Noisy animals can create neighborhood arguments, o Your dog will soon learn that his silence pleases you. resentments, etc. 0 Usually it indicates a highly nervous or bored animal. Water Raining Method. Excessive barking can be harmful to dogs. Unless The Humane Society of the United States has endorsed a stopped, barking may develop into a type of hysteria. method of breaking the dug of a barking habit that is both inexpensive and humane. The solution is based on animal fs your dog a ivarchdog or a nuisance? conditioning and the method is almost 100% effective when Determine for yourself whether your dog is a good properly carved out. Every time the dog barks companion and watchdog or a neighborhood noise nuisance unnecessarily, it is sprayed with water from a plant mister. by asking yourself these questions: The spray is harmless, but it stops the barking. Usually a day or two of training is enough, as the dog learns to expect !sots your doe bark excessively when a squirt of water if it barks for the wrong reason. u Someone rings your doorbell. a Garbage collectors, mail carriers, paper tamers, etc, o Be ready for an immediate response and have a plant come to or go by your home. mister ready for use when needed. o Children are playing outside. 1:1 Say "Quiet" and give one or. two squirts at the dog n~hi/e ` o Another animal comes into view. it is barking. Spraying after it stops barking will Another dog barks. confuse the dog. Repeat as necessary. i o The dog hears a siren. o With this conditioning procedure, your dog will learn to ' Wanting to get into the house, expect a squirt of water when you say "Quiet." Once D You leave or return home. the dog has made the association you will not need to Left alone and it gets lonely. squirt the animal again, only when lie forgets. ❑ Remember to reassure the dog that you are still friends (f your answer is yes to any of these questions, your dog by petting him later when he is quiet. could be a neighborhood nuisance. This disturbance of the peace is one of the quickest and most common ways to annoy :he Responsibility is yours'+r'►" a neighbor. Persistent barkers are more likely to be ignored As a doe owner, you know the companionship. loyalty ii there is a real emergency, since they -seem to bark all of the love and fun that vottr doe adds to your life but you also time. must realize your responsibility towards your neighbors Dog owners are sometimes insensitive to the barking of What to do about a barking doz their own dor-, Put yourself in your neighbor's place to u Determine what causes the dog to bark. see how our do 's habits affect then[. Excessive u Dogs are less inclined to bark if a barrier blocks their barki» can be extremely >annn is to art hbors as well view. as to those who have to live with a noisy dog Be alert to stop barking as soon as it starts. Washington County Dog Control 0 Train you dog so it only barks for a watchdog reason. 2650 SE Tualatin Valley Highway Don't leave a pct unattended for long periods of « nie. Hillsboro. Oregon 97123 (503) 846-7041 LM TIGARD MUNICIPAL, CODE ~ regulations for the government of the parks, 7.52.240 Permit-Exhibition required. which shall have been posted or permanently fixed by order or permission of the city Any person claiming to have a permit administrator. (Ord. 71-12 §(12),1971). from the city shall produce and exhibit such permit upon request of the department of public 7.52.190 Parks-Animals running at large works or the police department. (Ord. 71-12 prohibited. §3(17), 1971). It is unlawful for the owner, possessor or 7.52.250 Permit-Subject to ordinances keeper of any animal to permit such animal to and regulations. roam at large in any park, and, if such animal is found in any park, it may be impounded. (Ord. All permits issued by tiie city shall be 71-12 §3(13), 1971). subject to the city's ordinances. The persons to whom such permits are issued shall be bound by 7.52.200 Parks-Use of established the rules, regulations and ordinances as hilly as entrance recruited. though the same were inserted in such permits. Any person or persons to whom such permits No one shall enter or leave the parks shall be issued shall be liable for any loss, damage except at an established entrance, and no one shall or injury sustained by any person whatever by enter or remain in the parks after the hours fixed reason of the negligence of the person or persons by regulation. (Ord. 71-12 §3(14), 1971). to whom such permit shall be issued, as well as for any breach of such rules, regulations and 7.52.210 Parks-No admittance areas. ordinances, to the person or persons so suffering damages or injury. (Ord. 71-12 §3(18),1971). No person shall enter any building, enclosure, or place within any of the parks upon 7.52.260 Public convenience stations. which the words "no admittance" shall be displayed or posted by sign, placard, or (a) It is unlawful for any person to otherwise. (Ord. 71-12 §3(15),1971). blow, spread or place any nasal or other bodily discharge, or spit, urinate or defecate on the 7.52.220 Parks--Swing and hammock floors, walls, partitions, furniture, fittings, or on location. any portion of any public convenience station or in any place in such station, excepting directly No swings or hammocks shall be hung or into the particiilar fixture provided for that swung in any of the parks, except on the posts purpose. Nor shall any person place any bottle, erected for the purpose. (Ord. 71-12 §3(20), 1971). can, cloth, rag, or metal, wood or stone substance in any of the plumbing fixtures in any such i 7.52.230 Permit-Required. station. i Use of the public areas herein described (b) It is unlawful for any person to for organized group picnics, political or religious stand or climb on any closet, closet seat, basin, i gatherings, or groups consisting of more than partition or other furniture or fitting, or to loiter twenty-five persons in attendance at any one time, about or push, crowd or otherwise act in a is unlawful unless a written permit has been disorderly manner, or to interfere with any issued with the approval of the city administrator attendant in the discharge of his or her duties, or or city recorder. (Ord. 82-62 §3, 1982: Ord. 71-12 whistle, dance, sing, skate, swear, or use obscene, §3(l),1971). loud or boisterous language within any public 7-52-4 Reformatted 1994 - ' JDogpark.com - Tips on Starting A Dogpark Page f 1 do9purk. earn i~ .1i. Starting /gyp What& Why a 4ips on l A Dogpark Dogparksin the US Community Benefits How to Start Socializes and exercised dogs in a safe environment. a Dogpark Promotes responsible pet ownership. Provides elderly and disabled owners with an accessible place to exercise one City's their companions. Doypark Experience Enables dogs to legally run off-leash. Dogpark Promotes public health and safety. Etiquette Provides a tool for realistic enforcement of dog control laws. Add a Dogpark The Ideal Dog Park is Designed to Include to our List Concern for the environment. Visit with other One acre or more surrounded by a 4' to 6' fence. people at our Entry - double gated. Digital Dogpark Shade and water. Become a Adequate drainage. Dogpark Parking close to site. Advocate Grass area; routine mowing. Covered garbage cans with regular trash removal. Pooper scooper stations. Benches. Wheel chair access. Safe location, not isolated. Regular maintenance. Things to Consider Before Developing a Dogpark Appropriate site selection. Noise. Maintenance and health concerns. City support. Traffic. Supervision of park. The Role of A Dogpark Group Raise funds for amenities. n Monitor use. Clean-up. Serve as communications liaison with city, neighborhood and dog owners. (List reprinted with permission of the Marin Humane Society.) >a http://www.dogpark.com/parktips.htmi 7/26/00 l0 Off Leash Meeting Notes from August 30, 2000 Oregon Administration Rule - regarding information availability that should be available to the general public, people said this information has not been available. Bob Stoltle (Washington County - Information Services), Larry Atkinson (Animal Control) - one reported incident in eighteen months (1-8-2000) Complaints/issues/monitoring Neighbors weren't notified because of pilot project - why an inappropriate site when pilot project was set "up for failure" What does more damage - new expansion, Balloon Festival or dogs? Failure of pilot project because No because pro public hearings No neighborhood input Fencing that area Pollution from dog feces (Redmond, has off leash dog area near water) Pet owners should be responsible. Leave current area open until a new site is found and available for use Need signage for the "Off Leash Park" area Email from Tigard about Endangered Species Act. How is this affected? Disturbing arrogance by City Council regarding community issues Dogs are still being walked on leash and off leash Test the water Publish all processes in force now by City. What is Tigard is now doing for cleaning up the Tualatin River Most complaints - dog feces, off leash Fenced in area - okay if done now More pick up stations available Gabriel Park group had a spokesman, had handout that he couldn't distribute but a copy was received by the City of Tigard Is there fertilizer used on soccer fields? Yes some in the summer Signs - Fencing Management of Sensitive wetland area in other areas of the United States - this area is not a wetland - floodway/f loodplain May not be able to put fence in a floodway A new dog area should "be better" than Gabriel Park - Tigard better dog leash/off leash area Water quality - Linda Ke//y, USA Tualatin River cleaner than it has been in 30 years Best management practices - if you pick it up - not a problem Collect and treat wastewater @ Ourham plant in conjunction with member cities - treated water very high almost drinking water standards. Point source solutions Surface water management/flooding management Quality - pollutions entering the river Construction standards - corrosion control Buffers - leave a distance Citizen issues Source non-point pollution These go directly to drainage ways into river Bacteria 75,000 registered dogs in City (24,000 pounds of dog waste every day) Possible pet waste can carry diseases 137-157 PPM 406 number to begin to worry Balance between wetlands being created and water quality issues Does USA use chlorine - yes, and take it back out (declorinate) No issue now and can be controlled if waste picked up Zoning/Permit process Floodway - Sensitive lands permit heard by hearing officer Zero floodplain Public hearing, hearings officer makes decision based upon criteria in development code Timeline for process - after application complete, 6-8 weeks before hearings officer hears Put signage "Off Leash Area" walk at own risk Put path into Cook Park from cul-de-sac (Riverwood Lane) and use current sidewalk To come to Council - go to study session September 19th Education, responsibility issue w/temporary area being re-opened w/lots of signage Fenced in area - less concern with general public because safety, liability, liability is an issue for cities Before a fenced area boundary is decided would there be public hearings or input? Answer -yes Information to keep people informed Portland newspaper on dogs - in a handout Standards Cook Park/greenway because established area Natural buffer to river No parking problem Large enough dog area Have disposal cans Dog owners monitor one another/responsibility do this currently size The current area - size of this unknown - z of the current area. 5 acre minimum Other areas - could another area like Summerlake be opened also Cost of the facility to set up and maintain Location of the site - possibly not near or backup to a residential area Plan on area being used more and more. Should plan for area larger than currently needed. Heavy duty grass seed - good drainage Level area Also hilly areas Limit conflicting uses near the off leash area Separation area Signage Public education Community involvement Water for dogs Covered trash cans Don't delay implementation w/these ideas User fee - annual/monthly Designated area for their use only for dogs Increase fine for people who don't pickup - enforcement? Multiple locations with benches Houses next to park not be fenced off /out On the side of the path toward be used? Ed Wegner Follow up meetings with 6-7 people to come up with a compromise Need to be a balanced focus group representing all points of view - information will be ready for September 19th Council Study Session Current costs? Create other sites $4 lineal foot fencing - 1 acre = $3,200.00 gates trash cans Pooper scoopers - currently spending $5,000/year Labor - maintenance/mowing Idea - volunteers to help out beginning May (Labor Day) Jeff Miller will provide phone number/email address This dog area brought the community together DOG PARK MEETING NOTES 6 SEPTEMBER 2000 Citizen Attendees: Aileen Cord, Tami Kirby, Mike Fredd, Jeff Miller, Christie Smith and Jim Garbarino. Staff Attendees: John Roy, Duane Roberts Meeting began with committee members introducing themselves and their interest in the dog park issue. Christie Smith gave some background information to the committee regarding her presentation to the Council a couple of years ago on this issue. She showed photographs of various dog parks that she has visited over the last couple of years. Staff handed out information taken from the Internet to the committee for their review. The information was from various cities (i.e. Seattle, Minneapolis, and Huntington Beach) that have developed off leash dog parks. The committee spent a few minutes reviewing the information regarding site criteria. The committee then began discussing the task of developing criteria for establishing a permanent dog park. The committee recommends the following criteria, A dog off leash site must be a least one-acre in size. A site must have fencing, natural boundaries, or containment for separation of uses. There must be parking or close proximity to parking. Environmental impacts must be assessed. Traffic - Would prefer not to be located next to major roadway. Existing use. Proximity to residences. Landscaping (current lay of the land and type of vegetation growing there). The above criteria is not listed by any order of priority. These were all items listed by the committee as necessary components for site selection. Much time was spent discussing an acceptable size for a dog park. Discussion went from a minimum of I acre to no limit in size. A minimum 2-3 acre size was desirable but the committee did not want to limit its opportunity's to acquire to small lots if that is all that is available in the community in the years to come. There was considerable discussion regarding the need for the park site to be fenced. Some committee members thought it absolutely necessary while some members thought a fenced in area unnecessary. There was discussion of natural barriers such as a river, heavy vegetation, or other natural boundaries that would work in lieu ofa fence. Staff gave input regarding comments that we have heard from the community. Those comments have been that the callers are in support of a fenced in dog park, but not to have an unfenced off leash area. They want to feel safe and secure as they use the parks, or trails within the parks. The committee then went on to discuss some of the other aspects of importance with creating a dog park. Other features deemed important for a park were: Rules regulating the use of the park, Signage providing information regarding the use of the park, ADA accessibility Garbage cans and pooper scoopers. Items deemed desirable for a dog park but not necessary were: Shade Benches Water Restrooms (human use) Sanitary sewer available (for disposal of dog waste) Lighting The committee then began to discuss possible sites for both temporary and permanent parks. The sites listed were: 1. City owned property at 12770 Ash Ave. (Between public works yard and Community Action for Affordable Housing) 2. Tigard Water District property at the corner of Canterbury and Murdock St. 3. Unified Sewerage Agency property at 85m and Durham Rd. 4. Riverwood Greenway 5. Bonneville Power Line right-of-way, Bull Mtn. Rd. 6. Tigard Water District property on 150`h off Bull Mtn. Rd., identified for a water reservoir in the future. 7. Property on 150`' Ave. North of Bull Mtn. Rd. that the City is considering trading the Menlor property for a future water reservoir. i 8. Water reservoir site on Bull Mtn. Rd. Potential for use as temporary dog park. a Committee members were going to try to visit some of the sites prior to next committee i meeting. a Committee agreed to work towards creating a temporary dog off leash area while working towards creation of a permanent dog off leash park. It was agreed by the committee to go to the Council work session on September 19`h and ask for approval of a use of the 12110 Ash Ave. site as a temporary dog off leash area. Meeting was scheduled for September 18`h, Water Building Lobby Conference Room, 6:30 PM. Meeting adjourned at 9:00 PM. MEMORANDUM TO: Honorable Mayor & City Council ` FROM: Cathy Wheatley, City Recorder RE: Dog Park Recommendations PowerPoint Presentation DATE: September 15, 2000 Here is a copy of John Roy's presentation slides that he'll be showing to the Council on September 19, 2000 (Tuesday). This is Agenda Item No. 8. 10 CIT-Y F G- A AI-11 . ® Par en* ons Presented-:b J'0hn „Bad Do R®- P r 6 : 4 manager 'r i tt~ la r~ j.. t - x - O ^ .aye' ~ 1 ~ ~ ~°i ~ ' f q - ~ - . - r . ~ is , 'r Site must be'•a :minimum .of one:acr.e Site must be fenced, have natural; boundaries _or. . containm nt:-:f or di f f eren' uses. = Parking r Env.i r. onmental impacts must be assessed;; . Should :not be :located adjacent to a mgjo_r rocidway 'Existing. property uses _ 1?5~ Landscaping rv Necessa e Rul~s:regulating park use; A~.Ajaccessible Qog;:waste disposal and "pooper. sco:opers" estrob .1 ,e. 0 m tS 'L C1 r .1 • - Jai' - f. Location that provides shade ; Benches Potable, Water Restroom Facilities. Sanitary sewer available: (for disposal ®f dog_ - was -e) Lighting _ ~ S .t - -.-t~: ~`.::'>.,5.0'.°j,1~~"F.~ ! 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C~ Lar ryNl.AK e el @ JKtl o, C a M 0~ LT (Die ?Zz3 /14 ~ I C"O % ®ra2 Ua.1 I6y5 S ~ q3 Cd Ave jp.jz-or pcc.ed~v -r~ d, oR 9 Li ~ 71 or, /J 0 0 1, ~6)6-, -77 To be Notified of Public Inf=ormation Meetings regarding Leash Areas Dog" Ottm Please Sign Below Name Address E-mail ox~zav),--~c Zls~ 11"109 611, Ip:3~) ~~u~nn~ c~n• erg ca, ~ C Ck_A_ Dn~ ` S-1 c G ✓1 cc.l~ l 5't CZ v~ cl trnu,~-~- Lr1►~ 5z)b 5+~~►~ + 6) -7 ZZ~ r~S~r~s^ Cif `u--Acl `A ,J L Chas i 51ik~~~.~~ etc, C'CPY) yv~ G~-laay i C . ~ ~ Cam. t, t ~ To be Notified of Public Information Meetings regarding Dog OffmLeash Areas Please Sign Below Name Address E-mail e r~r~, 2 C,a w e,rs 11S~S M on ~6. `Z 22 3 o o -a 5 S, ltd Sere u wci he,S31 &D rd k, C D 7 q AGENDA ITEM # q FOR AGENDA OF 9/19/00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Affordable Housing Strategies PREPARED BY: Duane Roberts DEPT HEAD OK r 14_4 ~ CITY MGR OK ISSUE BEFORE THE COUNCIL How can the City promote the provision of affordable housing in Tigard? STAFF RECOMMENDATION This is an informational item. The purpose is to facilitate discussion on the feasibility of various cost reduction or pro-housing strategies. INFORMATION SUMMARY At its July 25, 2000 meeting, Council considered the Regional Affordable Housing Strategy, adopted by Metro in June of this year. The plan takes a voluntary approach to dealing with affordable housing. It establishes non- binding, five-year housing production goals sub-totaled by jurisdiction. The goal set for Tigard is 320 units. The report includes a list of potentially available tools that could be used by local jurisdictions to increase opportunities for affordable housing and meet local production targets. Sheila Greenlaw-Fink, Community Partners for Affordable Housing Director, participated in the Council discussion. Based on local conditions and circumstances, she identified a top ten list of strategies for priority consideration. At the conclusion of its discussion, Council directed staff to return with further information on Ms. Greenlaw-Fink's top ten list. A staff report on the list is attached. It provides a thumbnail sketch and analysis of each strategy. The Current Planning, Finance, Engineering, and Building Departments were asked to provide comments, most of which are included in the final report. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal #3 calls for the City to encourage and support "private sector programs to maintain diverse and affordable housing". FISCAL NOTES A formal study of the potential financial implications of implementing the cost reduction strategies has not been conducted. A cost revenue analysis should be undertaken before action is taken on any of the recommended strategies. citylvidclseun\iftbrdablchousingstntcgics.doc Partners for Affordable Housing's Top Ten Affordable Housing Strategies This report deals with the top ten list of affordable housing promotion strategies recommended for priority consideration by Partners for Affordable Housing. The ten strategies are divided into land use, cost reduction, and regional funding categories. The report provides a thumbnail sketch and analysis of the potential implications of each strategy. Land Use Strategies: Measures to be implemented by local governments through the adoption of affordable housing policies in their comprehensive plans and adoption of zoning codes or ordinances to support the production of affordable housing. Density Bonus A density bonus is a land use incentive that allows a developer to construct more units than would otherwise be allowed in a specified residential zone in exchange for the provision of affordable housing units. When density is increased, the marginal costs per unit generally are lower, since other costs such as land cost can be amortized over more units. Comments: As is well known, the main barrier to the implementation of increased density is NIMBYism, or neighborhood opposition. In some areas of Tigard this is a result of past low-density development within multi-family zones. In these and other neighborhoods, existing residents are concerned with protecting livability and existing neighborhood character. The negative impacts of increased density typically are presumed to include increased traffic, loss of open space, and increased crime. Another aspect of the density bonus issue is the scarcity of high density land upon which to build. According to a recent survey, Tigard has no "vacant" R-40 land, other than commercially zoned land that allows R-40 in conjunction with commercial development. Although some "underdeveloped" properties exist in the R-40 zone, these are all smaller sites with various problems associated with each. The implementation of the Washington Square Regional Center Plan, which provides for increased density, would represent an important step toward addressing the land supply problem. Transfer of Development Rights Transfer of Development Rights (TDR) is a zoning strategy designed to direct development from one site to another to preserve a publicly valued resource. Examples of such a resource include agricultural land; natural environments such as coastal mountain ranges, forests, wetlands; historic structures; cultural institutions; or affordable housing. The premise is that the excess development rights that would otherwise encourage the destruction or redevelopment of the resource at the "sending" site constitute a marketable commodity that can be sold to a "receiving" site that places a value on additional development density. Strategies identified by Metro include encouraging local governments to consider TDR regulations in Town Center, Regional Center, and Main Street areas, as well as model ordinances. Comments: The Washington Square Plan, scheduled to be considered for implementation by next year, is supportive of increased density, up to 50 units per acre in some areas. The justification is that higher density is needed to provide nearby housing opportunities for shopping mall and surrounding employment center employees. This is referred to by Metro as the "jobs-housing balance". The Tigard Main Street area already allows R-40 development. In light of the already high allowed or proposed density, the transfer of development rights strategy would not appear to be needed. Cost Reduction Strategies: Measures to be implemented by a local government through adoption of affordable housing policies in local government comprehensive plans and adoption of zoning code%rdinance that would enhance the production of affordable housing. System development charges System development charges (SDCs) are collected for improvements to water and sewer systems, parks, roads and other infrastructure. The purpose of the SDCs is to impose an equitable share of the cost of capital facilities upon those developments that create the need for or increase the usage of those facilities. SDCs are generally required at the start of the project, prior to other permit approvals or construction. SDCs increase the amount of up front cash a developer must have, thus increasing the total cost of the housing unit. Strategies identified by Metro include waiving or deferring SDCs based on need (income of resident) or on the projected use of the public facility by residents of the housing development. Comments: SDCs currently add approximately $5,000 to the cost of each apartment unit constructed in Tigard. Among these charges, the only local or Tigard-imposed charges are the park and water SDCs, currently set at $540 and (approximately) $240 per apartment unit, respectively. Both charges are intended to recover the full cost of providing services to new users. The remaining SDCs are imposed by Unified Sewerage Agency (storm drainage, sewer connection, water quality) and by Washington County (traffic impact), over which Tigard has no control. In terms of Tigard's fair share goal of 320 units and current fee levels, waiver of the City park SDC would result in the potential loss of approximately $173,000 for park improvements. In recent years, Tigard has experienced shortfalls in park funding, with several scheduled projects having to be postponed. A fee reduction or adjustment, as opposed to a waiver, would reduce the adverse impact to existing park service levels, while at the same time providing some relief to the housing provider. Another option would be to replace lost park SDCs with City General Fund dollars, i.e., for the City to pay all or part of the charge. The downside is that this would increase costs to the General Fund, and could result in limited funding for on-going City operations. The City Attorney is also concerned that fee reductions may open the City to a legal challenge to the enforceability of all SDC charges. As discussed under Parking Requirements, the City also could consider supporting a reduction or negotiation of the County traffic impact fee, based on reduced car trips by the low-income tenants of affordable housing projects. This would reduce funding for future traffic-related capital improvement projects. The environmental SDCs, such as water quality and sewer connection fees, according a City of Portland legal opinion, could be reduced by up to 15%. However, the rationale for granting reductions to these SDCs cannot, unlike the traffic fee, be tied to reduced impact or usage. By reducing the need to borrow in the upfront or predevelopment phase of housing development, City and County SDC deferrals would go a long way toward facilitating affordable housing development. Deferrals raise fewer legal concerns as well. On the other hand, the deferral of these fees could have a significant impact on portions of the City's capital improvement plans. Permit Fees Permit fees are charged to support the review of construction plans and building site inspections to ensure safe buildings that comply with state and local codes. The amount of a building permit fee is based on the construction type and anticipated market value of the proposed project. Permit fees increase the cost of building housing, and generally are required up front, which increases the amount of money a developer needs to start a project. Strategies identified by Metro include waiving or deferring payment of permit fees based on the need of residents and targeting waivers to projects serving households earning less that 50% of median household income. Comments: Altogether, Tigard's Planning, Engineering, and Building review and inspection fees add approximately $1200 - $1400 to the cost of providing an apartment unit. In terms of Tigard's five-year affordable housing production goal, the City would lose a potential $384,000 to $448,000 in fee revenue should these charges be waived. On the other hand, direct reductions in early costs are hard for housing providers to find, and are of crucial importance because these reductions help attract public and private long term funding by demonstrating local support for affordable housing. Thus, reducing or waiving fees by substituting with General Fund dollars or other funds should be viewed not only as a means of reducing non-profit housing providers pre-development costs, but also as a means of leveraging substantial low interest housing development loans. As an example of this effect, the state Housing and Community Services Department, Oregon's main lender of low income housing funds, directs a disproportionate share of its loans to public and private housing projects within the City of Portland. One of the main reasons is that the department defines local support in terms of local dollar contribution, and Portland has been more willing than the suburban cities to subsidize low-income housing development through fee caps and pre-development loans. At the same time, it is important to note out that the City's Building Fund is marginal at best. In FY 1999-00 it required a $150,000 subsidy from the General Fund. The work paid for by the fund would still need to be done even if fees were waived. The lost revenue would have to be made up, presumably by General Funds. This could negatively impact other operations. As an alternative and less contentious approach, the deferral of permit fees, as opposed to their waiver, would be an effective way of reducing funding needs in the predevelopment phase of housing development. This same point applies to and was made with regard to SDCs. Property Tax Exemption Since property taxes are one of the factors affecting the supply of affordable housing, some jurisdictions allow property tax exemptions to owners of housing units targeted for low-income residents. This in turn allows the owners to reduce rents or allows homeowners to reduce monthly housing costs. There are several types of property tax exemptions for affordable housing that are available in Oregon by law. Strategies identified by Metro include encouraging local governments to consider abatements for housing at 50% of median household income and for rehabilitating renter and owner occupied housing in distressed neighborhoods. Comments: Tigard, since 1996, has provided a property tax exemption for low-income housing owned and operated by Partners for Affordable Housing. The revenue implications, a loss of $8,880 in property taxes per year, are relatively small in terms of the City's $24.8 million operating budget. Should the City provide tax relief to an addition 320 affordable housing units, Tigard's housing production quota, the lost revenue would be roughly four times this amount. A copy of the City policy, adopted in 1996, regarding tax exemption for non-profit housing providers is attached. As a matter of State law, the approval of 51 % of tax authority is required to establish a property tax exemption. In the case of Partners for Affordable Housing, the City and the school district have provided the needed 51 It is important to note that Ballot Measure 93 (the Taxpayer Protection Initiative) impacts tax or fee waivers. Under this measure, any waiver or exclusion would be permanent, unless repealed by a vote of the people. Regardless of the use of the property, i.e., if Villa La Paz stopped renting to low income people, the property owner may be able to keep their property's tax exemption, unless the City refers its repeal to the voters. Land Cost and Availability When the supply of land available for housing is limited, the funding for public improvements lacking, and demand for additional housing is high, the cost of land increases. The cost of land generally is dictated by the workings of the market, while the availability of developable land that is zoned for housing is dependent on local, regional and state governments' policies as well as public investment in roads, sewers, and other public facilities. Studies have shown that housing developers currently are having difficulties with the cost of land and scarcity of large pieces of land on which to build. Strategies identified by Metro to address the issue of land cost and availability include public and private donation of land, land banking, and public-private partnerships. Comments: Residential land prices in Tigard have increased by approximately 75% during the five- year period 1996-2000. At present, the City owns no vacant land suitable for housing development, with the exception of the small parcel located between Burnham Street and the Public Works yard. One way of addressing the land supply problem would be to re-zone more land for multi-family or higher density development. As noted earlier, vacant land available for multifamily development is in relatively short supply. The most recent buildable land inventory, conducted more than two years ago, found no unoccupied or unused land zoned R-40. Some 88 and 46 acres, respectively, of land zoned R-12 and R-24, were determined to exist. The upzoning of some of this acreage to R-40 would encourage affordable housing development. Rezoning properties could be a controversial and time-consuming process. Another way of dealing with the land supply problem would be for the City to advocate for a change in Washington County's policy of requiring that all foreclosed properties be sold at market value. A new policy of reselling or donating a certain portion of these properties to non-profits for affordable housing conversion or development would provide an important incentive for affordable housing development. The City may also wish to encourage the County to consider land banking as a housing promotion activity. This could include negotiating the purchase of large-acre sites at current prices for future resale to non-profit housing providers at purchase-year prices. Local Regulatory Constraints/Discrepancies in Planning and Zoning Codes/ Local Permitting or Approval Process The local development permit approval process is meant to ensure that new development meets established standards that enhance community characteristics and property values. The process is driven by a number of ordinances, standards and regulations that are geared towards: a) acceptable structural design and characteristics; and b) environmental enhancement and protection. The permit approval process sometimes leads to delays that force builders and developers to pay extra interest on borrowed money and therefore increases the overall cost of housing. Discrepancies between local comprehensive plans, zoning codes, and Metro's Urban Growth Management Functional Plan can impact the cost of producing affordable housing in a variety of ways. Strategies identified by Metro include encouraging local governments to revise and simplify the permitting process, review existing codes for effectiveness and consistency and to develop regional guidelines. Comments: A top priority of housing providers is to find ways of streamlining and expediting the approval process. In Tigard's case, a great deal of streamlining has already been done. Additionally, last year the City changed the development code to allow accessory dwelling units. Parking and setbacks adjustments are additional pro-housing code changes that could be considered. If a zone change is required, timely review is particularly important, because pre-development loans are not available for projects inconsistent with adopted zoning designations. Parking Parking is an important cost consideration in the provision of affordable housing. The requirements for parking are not found at the local level, but are placed on developments by lenders. Many lenders will not fund a project that they believe may not be successful due to insufficient parking. However, much work has already been done in the region to address the cost associated with the provision of parking. Strategies identified by Metro include encouraging lenders to consider parking requirements on a project by project basis, and to encourage local governments to review their parking requirements. Comments: Last year, the City changed the development code to allow adjustments to parking requirements for special resident populations. The rationale in support of such adjustments in the case of low-income housing is that low-income people typically own fewer cars and use transit more than the general population. A recent local study showed 50% less car ownership among the residents of the Villa La Paz and Metzger housing projects. Regional Funding Strategies: Measures implemented through adoption of affordable housing policies in local government comprehensive plans and adoption of zoning code%rdinances that would enhance the production of affordable housing within the locality. Enterprise Foundation Regional Acquisition Fund This is an entity that provides low interest loans for land acquisition. The City or housing provider could borrow from the fund to acquire properties for present or future use. Comments: This has been an effective tool for promoting affordable housing. The Rouse Corporation's Enterprise Fund is an example of a national foundation that provides such loans within this region. Real Estate Transfer Tax A real estate transfer tax is a small tax that is assessed upon the sale of a property. Sales under a certain amount would be exempt from the tax. Metro determined that a real estate transfer tax was provided the best opportunity to raise a large amount of money for affordable housing that could be controlled locally to best meet the needs of the region. Comments: Before such a tax could be adopted, the state legislature would first have to change the Oregon law that prohibits local governments from collecting real estate transfer taxes. If the City supported this tool, it could participate in the effort to influence the legislature. /irph/dr/affordablghousing. spreadsheedI CITY OF TIGARD, OREGON ORDINANCE NO. 96- AN ORDINANCE ESTABLISHING A SECTION OF THE TIGARD MUNICIPAL CODE TITLED "NON-PROFIT CORPORATION LOW-INCOME HOUSING" AND ESTABLISHING THE EXEMPTION CRITERIA. WHEREAS, The City of Tigard City Council has a goal to consider issues of affordable housing, and WHEREAS, The Council has determined it necessary to adopt the criteria set forth in ORS 307.540 - ORS 307.547 establishing a property tax exemption application process and critieria. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code section 3.50 is established and titled "Non-Profit Corporation Low - Income Housing" as shown in the attached "Exhibit A". SECTION This ordinance shall. be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U rL(tV1 i YYIDLI -5 vote of all Council members present after be'ng read by number and title only, this y day of •d-Qm^ 1996. therine Wheatley, City Reco er APPROVED: By Tigard City Council this .10M_ day of a 1996. J s Nico i, May 6r Approved as to form: V. C y Attorney 1 ,S p-t~ v ,1ca Date ORDINANCE No. 96--34 Page 1 September 16, 1996 CITY OF TIGARD Sheila Greenlaw-Fink, Executive Director OREGON Community Partners for Affordable Housing PO Box 23206 Tigard, Oregon 97281-3206 Dear Ms. Fink, The Tigard City Council passed Ordinance 96-34 on September 10, 1996 which established a section of the Tigard Municipal Code dealing with Non Profit Low Income Housing. I have included a copy of the Ordinance for your reference. Section 3.50.040 describes the application for the property tax exemption which must be filed by March 1 prior to the year the exemption is requested. The Council then has thirty days to review the application and determine if the exemption will be granted for the coming fiscal year. If you have any questions about this process, please call me at 639-4171 ext. 345. Sincerely Wayne Lowry Director of Finance s 13125 SW Hall Blvd., T11jard, OR 97223 (503) 639-4171 TDD (503) 684-2772 "EXHIBIT A" (Non-profit Corporation Low-income Housing) 3.50.010 Definitions (1) "Governing body" means the city of Tigard City Council. (2) "Low-income" means. income at or below 60 percent of the area median income as determined by the State Housing Council based on information from the United States Department of Housing and Urban Development. 3.50.020 Nonprofit corporation low Income housing; exemption; criteria. (1) Property that meets all of the following criteria shall be exempt from taxation as provided in this section. (a) The property is owned or being purchased by a corporation that is exempt from income taxes under section 501(c) (3) or (4) of the Internal Revenue Code as amended before December 1, 1984. (b) Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance. remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. (c) The property is occupied by low income persons. (d) The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501(c) (3) or (4) of the Internal Revenue Code as amended before December 1, 1984. (e) The exemption has been approved as provided in section 3.50.050. (2) For the purposes of subsection (1) of this section, a corporation that has only a leasehold interest in property is deemed to be a purchaser of that property if: (a) The corporation is obligated under the terms of the lease to pay the ad valorem taxes on the real and personal property used in this activity on that property; or i (b) The rent payable by the corporation has been established to i reflect the savings resulting from the exemption from taxation. (3) A partnership shall be treated the same as a corporation to which this section applies if the corporation is: a (a) A general partner of the partnership; and (b) Responsible for the day to day operation of the property that is a the subject of the exemption. 3.50.040 Application for exemption. (1) To qualify for the exemption provided by 3.50.020, the corporation shall file an application for exemption with the governing body for each Exhibit A a Ordinance 96-°~~ assessment year the corporation wants the exemption. The application shall be filed on or before March 1 of the assessment year for which the exemption is applied for, except that when the property designated is acquired after March 1 and before July 1, the claim for that year shall be filed within 30 days after the date of acquisition. The application shall include the following information: (a) A description of the property for which the exemption is requested; (b) A description of the charitable purpose of the project and whether all or a portion of the property is being used for that purpose; (c) A certification of income levels of low income occupants; (d) A description of how the tax exemption will benefit project residents; and (e) A declaration that the corporation has been granted an exemption from income taxes under 26 U.S.C. section 501(c) (3) or (4) as amended before December 1, 1984. (2) The applicant shall verify the information in the application by oath or affirmation. 3.50.050 Determination of eligibility for exemption; notice to county assessor. (1) Within 30 days of the filing of an application under 3.50.040, the governing body shall determine whether the applicant qualifies for the exemption under 3.50.020. If the governing body determines the applicant qualifies, the governing body shall certify to the assessor of the county where the real property is located that all or a portion of the property shall be exempt from taxation under the levy of the certifying governing body. (2) Upon receipt of certification under subsection (1) of this section, the county assessor shall exempt the property from taxation to the extent certified by the governing body. 1.1C R Y W I D E \O R D\TA XEX E M P .O R D 7 i i i { i J a Exhibit A / Ordinance 96-3/'C "EXHIBIT A" (Non-profit Corporation Low-income Housing) 3.50.010 Definitions (1) "Goveming body" means the city of Tigard City'Council. (2) "Low-income" means income at or below: '60 percent of the area median income as determined by the State Housing Council based on information from the United States Department of Housing and Urban Development. 3.50.020 Nonprofit corporation low income housing; exemption; criteria. (1) Property that meets all of the following criteria shall be exempt from taxation as provided in this section. (a) The property, is owned or being purchased by a corporation that is exempt from income taxes under section 501(c) (3) or (4) of the Internal Revenue Code as amended before, December 1, 1984. (b) Upon liquidation, the/assets of the corporation are required to be applied first in payment of all/outstanding obligations, and the balance remaining, in cash and in kind, to'be distributed to corporations exempt from taxation and operated dxclusively/for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. (c) The property is/occupied by low income persons. (d) The property or portion of the' property receiving the exemption, is actually and exclusively used for the purposes described in section 501(c) (3) or (4) of the Internal Revenue Code as amended before December 1, 1984. (e) The exemption has been approved as provided in section 3.50.050. (2) For the purposes of subsection (1) of this section, a corporation that has only a leasehold interest in property is deemed to be a purchaser of that property if: (a) The corporation is obligated under the terms of the lease to pay the ad valorem taxes ion the real and personal property used in this activity on that property; or (b) The rent payable by the corporation has been established to reflect the savings rLsulting from the exemption from taxation. (3) A partnership shall be treated the same as a corporation to which this section applies if the corporation is: (a) A general partner of the partnership; and (b) Responsible for the day to day operation of the property that is the subject of the exemption. 3.50.040 Application for exemption. (1) To qualify for the exemption provided by 3.50.020, the corporation shall file an application for exemption with the governing body for each Exhibit A Ordinance 96-5q Community Partners for Affordable Housing, Inc. Discussion Paper PROPERTY TAX ABATEMENT FOR AFFORDABLE HOUSING Who Authorizes Property Tax Abatement for Affordable Housing Projects? Provisions in Oregon's Revised Statutes alloy local jurisdictions to provide tax abatement to nonprofits who own, operate or manage housing which is targeted to individuals earning 50% or less of the area median income. This nlay be done on a case-by-case basis or through adoption of a broader policy. In Washington County, the ('ily of North Plains recently abated taxes for a particular elderly housing project. In Oregon, two jurisdictions with very active abatement programs are Portland and Eugene. Hood River. Cot(age (;rove and Grants Pass also have adopted such provisions. Cities who participate state that this type of program gives them the "most bang for the buck" they can have in affordable housing. The impact on rents based on the per unit abatement is dollar for dollar. For instance, abating taxes on Villa I-a Paz (currently $37,400) would result in rents which are, on average, $34 dollars lower than they otherwise could be for every calendar year in which abatement is provided. For lower- income families, this monthly resource difference is dramatic. How Long arc Taxes Abated For? In the case of Eugene, nonprofits enjoy the exemption for a 10 year period. In Portland, groups must reapply annually, and will only receive the exemption to the extent that they are still serving the targeted population. The abatement is prorated for any units rented to families or individuals above the income guidelines. How Does the Loss of 'Revenues Impact the City and its Other Taxpayers? Before Measure 5 was introduced, jurisdictions could simply shift the tax burden for the abated property to other taxpayers who felt minimal impact. However, since Measure 5 limits the amount each taxing authority can charge, and requires taxpayer approval for any shifts/increases, recovering the revenue is more problematic. In Portland, this has not presented a problem, as property values have been escalating enough that tax revel ues have kept pace with the City's basic needs. Does a Tax Abatement Policy Open the Door for Fraudulent Nonprofits? With proper certification and monitoring, there should not be a problem with "undeserving nonprofits or projects" receiving abatement. The City may want to have an annual application process with a fee to cover the costs of administering its review (i.e. $50). In this way, nonprofits can be asked to certify their own status as well as that of each of the housing units under their control. Abatement can be prorated, if necessary, for non complying units or portions of the pr<~ject (i.e. space used for commercial leases). In Portland, for instance, about 20 nonprofits participate in the tax abatement program. What Benefits Accrue to the City, County and Schools Through Such a Program? First and foremost, local jurisdictions can have a critical i npact on the provision of affordable housino for residents within their service areas. Tax abatement is perhaps the single niost effective form of financial commitment that can be made for such projects. The need for City. County and School resources should be reduced, as community-based nonprofit ownership of affordahle housin`_ significantly impacts the degree to which said units are maintained in decent, safe and sanitary condition, and the level of'service which is provided to tenants to ensure that they can maintain their tenancy, jobs and school - related activities. SEP-19-2000 03:45 NEIGHBORHOOD PARTNERSHIP 503 226 7 P.02i02 THE NEIGHBORHOOD September 19, 2000 PARTNERSHIP FUND Mayor Jim Griffith City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mayor and Council Members: The Neighborhood Partnership Fund (NPF) currently provides operating support to Community Partners for Affordable Housing to continue with its efforts to address the needs for decent, affordable housing of low-income people in the Tigard community. We understand that Tigard's City Council will be reviewing some additional ways to encourage the development of affordable housing in Tigard. From our experience working with nonprofit community development corporations around the state of Oregon, we find that both the initial production of affordable housing units, as well as the longterm operating success of such housing is significantly correlated to the level of local support. In order to achieve rents affordable at below market rates, a variety of subsidies and incentives are required. We applaud your initiative to consider some of the incentive tools to impact the initial costs of any affordable housing project through impact fee waivers, reduction and/or deferral of building and permit fees, tax abatements, etc. With the adoption of a tax abatement ordinance and a property maintenance code over the last few years, Tigard has begun to establish itself as a leader in Washington County. A few other municipalities around the state have also provided direct general-fund operating support to their nonprofit development partners to promote the development of affordable housing in their communities. We hope that you will consider taking additional steps to enable and foster the development of much needed housing for low-income people and their families in Tigard The Neighborhood Partnership Fund will again co-sponsor for athirdyear Washington County's Affordable Housing Symposium to be held at the Embassy Suite Hotel in January 2001. We hope that many of you will attend and take part in finding solutions to the issues affecting the availability and access to decent, affordable housing in the county. Finally, we commend CPAH for positively impacting community development and for taking on the c allenges and hard work of reversing the decay in some of Tigard's neighborhoods. Sincerely Pi tro R. Ferrari Program Officer Cc: Sheila Greeulaw-Fink, CPAH 1020 SW TAYLOR. 51111-L 680 11O1LT1 ANU. OREGON 97205 1 503.22(1.3001 1 503.226.3027 1"%iM NPF0TNPF.0RC W W W.TNPF.Oftr TOTAL P.02 SEP-19-2000 03:45 NEIGHBORHOOD PARTNERSHIP 503 226 7 P.01i02 VIA .FAX To: Ma or Jim Griffith From Emil Burger Company: City of Ti d Date: September 19, 2000 Fax No.: 684-7297 No. of pages (including cover : 2 If you do not receive all pages, please call (503) 226-3001,x.10¢. Thank you. E-mail for Emily Burger: eburger@tnpforg MESSAGE., The Neighborhood Partnership Fund 1020 SW'T'aylor Street, Suite 585 Portland, Olt 9"205 F. nptf&teleport.com 'r 503.226-3001 F 503.22&-3027 AFFORDABLE HOUSING Affordable Housing Strategies Purpose: facilitate discussion on the feasibility of affordable housing strategies recommended for City consideration by Community Partners for Affordable Housing (CPAH), 2 Background: In June 2000, Metre adapted the Regional Affordable Housing Strategy Plan: m Established non-binding, five-year housing production goals by jurisdiction ■ Set goal for Tigard of 320 units ■ Described a list of tools that could be used to meet local targets k 3 NINE Based on local conditions, CPAH identified ten of these strategies as priorities for local adoption or support: ■ Density Bonus ■ Land Cost and i ■ Transfer of Availability Development Rights ■ Local Regulatory ■ System Development Constraints Charges ■ Parking ■ Permit Fees s Enterprise Foundation ■ Property Tax Regional Acquisition Exemption Fund ■ Real Estate Transfer Tax 4 Top Ten Affordable Housing Promotion Strategies s j ensity bonus Definition: a land use incentive that allows a developer to construct more units than would otherwise be allowed in a specified residential zone in exchange for the provision of affordable housing units. 6 Pros: Scarcity of high-density land, no vacant R-40 available. Cons: NIMBYism or neighborhood opposition based on increased traffic, loss of open space, increased crime. Comments: Implementation of Washington Square Plan will increase supply of high- density land. Transfer of Development Rights Definition: Refers to the intra jurisdictional transfer or sale of excess development rights or density. Pros and Cons of this strategy are generally the same as those identified for increased density. 8 . the adoption of tie ~~50 Ngala, n the includes Comments' la > tie need ton Square I' addressin W l h de ~si.~' washing way of is a n10re direct ated for g n1 land design for addition t. de~elopmen 9 exit l~ ~e`'elop~ eloPment ~l er St new deg Sew ements to water and C1~arges on ~efinition~ l~f~ast~~~re. ollected fOT ivap" p00 anO atbex ~5 c some , System roads ently add SDCS ~a e apa~ment unit es axe Background' aver g local charg c e ost of a Tig ard• The only total to th ~~ted ~n CS To9cther the S SDCS co St and water s~ ent unl aim I WW parv...60 peT aPg Services to ew appxox.l of roved reject the cost p ,o usezs• . goo en dig TIFs. n is in the p-rocess of any The County is not a separate land use Low income hoIsing anual. category in the Pr esent m giros: the SD Cs would reduce or deferrilag gash a developer of ust Mu of front the amount uP' well as the total cost of the housIIg provide as ~1e1 u~it• impact fee is jstifiedbY the traffic ~ reduced car trips• 11 Cons: cost of ded to recovex the t o maintain %SDCs are inten users an services to new pd roviding service levels. o en the CitY to a legal .Fee reductions may p of a115DCs e to the enforceability cin the TIF for ~ challeng oblem with redo g does not ■A potential PT is that the City pToject low j-acome housilAg TIF would S. If an affordable housing track land sale ~,ner, the fOT-Pyoflt o building Permit ~ were sold to a ,2 nless a not be recalculated u -new were Tequested. ■Replacing waived SDCs with City General Funds could result in limited funding for on- going City operations. ~ Comments: The City Attorney has been asked to provide information concerning the potential legal problems associated with the waiver or deferral of SDC charges. 13 ees u ort the review of S. Pelts fees S pp site inspect llding bl: Definition: laps cons~~tion p Englneexing~ and planning fees add Background'. wand inspection post of revle 400 to Building ith SDC oximately $1;200 ent unit• AS on costs app aim co const~ d to building an ait fees i-RCTeas money neede erm charges, P the amount of ~,,,aived, to be ijaaeaif fees and se Even Still needs ,Q rstart a aid for by Perm-it f ees work ~ ago done. pros,., ductions decrease the amount of ■Fee re money a developer heeds to start a project. ■Reductions help attract public and private erm funding by demonstrating local long t support. The work paid for by the permit fees Cons: would still need to be done and the lost revenue made up. 15 'now Property Tax Exemption Background: Tigard has provided a property tax exemption for low-income housing since 1996. Pros: Exemptions reduce the cost to non- profits of operating affordable housing projects, and thus the rents they must charge. 16 Cons: ■The lost revenue needs to be made up by General Funds, resulting in reduced funding for other City operations. ■Under ballot Measure 93, any waiver or exclusion would he permanent, regardless of the use of the property, unless repealed by a vote of the people. 17 AkV a ~lal~ilit~' ISt Laud id ers have difficudousing PTOV scarcity of large ~3ackground~ the of land and e ast 5 years, d with the cost d Dufing th P and have iTVC-rease Tig ces of l-a designated riceS In pie residential land P of vacant land n supply ~ Vy 15%• the alle to ZerO' development, R qp has densl~' .market la nd fog higher e~ 1es at below Re--Zol~,IlgfoTec Sellin g losed prop a re_ ofit housing P to this pTobleIA" ,a to non-p roposed vue i. ~king are solutions p baal Pros: ■Adoption of the Washington Square Plan, as presently put-together, would increase the supply of high-density land. ■Giving preferential treatment to housing non- profit organizations in the foreclosed houses would increase the supply of scattered-site low-income housing. ■Especially in the case of multi-family zoned land, land banking would preserve scarce land for affordable housing development. 19 Cons: ■Re-zoning properties could be controversial and time-consuming. Selling foreclosed properties would reduce the funds available for County operations. ■Land banking would be time-consuming and reduce available operational funds. 20 .irvr.C z.r.Prr9r?15FT Local Regulatory Constraints and p Discrepancies in Planning and Zoning Codes/Local Permitting or Approval Process ■ During the past two years the City has revised and simplified the local approval process. ■ Setback adjustments and the zone change process are priorities of housing providers for further regulatory revision. Setbacks can be adjusted 20-25% through the existing variance process. 21 Mew, arkin ■ Low-income people typically own fewer cars and use transit more. than the general _ population. ■ City parking requirements have been changed to allow adjustments to parking requirements of up to 20% for special populations. This provision applies to affordable housing projects. i 22 ■ The parking requirements placed on projects by lenders are beyond the City's control. The same data required by the City to justify parking area adjustments could be used to inform and influence lenders. 23 Enterprise afiou'% Regional Acquisition fund Definition: An entity that provides low interest loans for land acquisition. - Comments: because of the economies of scale and the expertise required, this 1S 1 strategy that probably could be best implemented at the regional level. The City could encourage and support regional-level action. 24 meal Estate Transfer Tax Definition: A small tax assessed upon the sale of a property, with the money used to support affordable housing. Comments: Oregon law prohibits local government. from collecting real estate transfer taxes. The City could lend its support to the effort to change the lave. 25 srure x rrmarn!aa Recommendations To assist in meeting its five-year affordable housing goal of 320 units, the City should: e Support the Washington Square Plan design concept of encouraging new multi- family development. • Consider permit fee caps or deferrals, with the specific amounts to be determined trough a cost analysis. t 26 •Recommend the County revise the TIF to include a reduced charge for affordable housing projects. F •Continue the City property tax exemption for non-profit housing. •Support changing the County foreclosed policy to include preferential treatment to non-profit housing providers in the sale of foreclosed residential properties. *Investigate the need for streamlining the City zone change process. 27 *Increase to 50% the adjustment allowed to City parking area requirements. sSupport creation of a regional Enterprise Foundation Acquisition Fund for land acquisition. 3 •Support the State legislature to allow a local Real Estate Transfer Tax. a f 28 `i