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City Council Packet - 10/28/2008 City of Tigard, Oregon • 13125 SWHall Blvd. Tigard, OR 97223 41 TIGARD CITY COUNCIL MEETING October 28, 2008 - COUNCIL MEETING WILL BE TELEVISED I:\Ofs\Donna's\Ccpkt3 Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov 9 TTY Relay: 503.684.2772 City of Tigard, Oregon Affidavit of Posting TIGARD In the Matter of the Pro osed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard I, , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) (A -11 , 0 1? 19 , 0 F -I S/ , which were adopted at the City Council meeting of with a copy(s) of said Ordinance(s) being hereto attached and by reference made apart hereof, on the _ day of c , 20 U 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon AL Signature of Person who Performed Pos Subscribed and sworn (or of ed) before me this day of 200 OFFICIAL SEAL 4). allm WNOTARY PU~BLIC-OAflE~00N Signature of Notary Public for Ore NOT COMMSSION NO. 419M [iMY COMMSSIO PIER RES AUG. 04, 2011 1A8dm~ca1nyVo=s\pos1 ordinance 2000.doe CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO.2008- AN ORDINANCE ANNEXING 1.43 ACRES OF LAND, INCLUDING TWO (2) PARCELS, APPROVING THE CACH ANNEXATION (ZCA2008-00003) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriff s Patrol District and Washington County Urban Roads Maintenance District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on October 28, 2008, to consider the annexation of two (2) parcels of land (Washington County Tax Map 2S105DC, Tax Lots 101 and 300) located on SW Sunrise Lane, and withdrawal of said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Tigard Water District for certain debt obligations, however, in this instance the Tigard Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on October 28, 2008 on the issue of the annexation into the City and withdrawal of the annexed parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 08- Page 1 NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriff s Patrol District and Washington County Urban Roads Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit "E" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from Washington County Enhanced Sheriffs Patrol District and Washington County Urban Roads Maintenance District shall be the effective date of this annexation. SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2009. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By'LIM17 l M MS vote of all Council members present after being read by number and title only, this. day of _ c4-o ~e )2008. Cathy Wheatley, City Recorder APPROVED: By Tigard City Council this c~16 day of , 2008. Craig i ksen, Mayor Approved as to form: Attorney Date ORDINANCE No. 08- /(P Page 2 ` (r EXHIBIT A l j cll.. c I L, YXIBIT "A" LeI40 Description of Tax Lots 1.01 anti. 300i Ass.essoi•s -Map 2S 105DC A parcel of land located ill the southeast one-quarter of Section. 5,1row.nship 2 South., Range 1 West of the W.i.11amette Meridian in Wasbirrgtoii Coui.ity, Oregon, said parcel being more particularly described as .fol.tows: Commencing at the Sotttl>we'st corner of the southeast one-quarter of said Section 5; Thence, North. 00°*47'20" East, along the west line of said SOLIOIeast.one-quatter, a. distance of 465:00 feet; 'rhence; South. 89°49'00'' East; para:llet with -th:e south line of said Section 5, a distance- of 1030.50 feet to the west riblrt-of=Nvay line of S.W. Sunrise Lane as dedicated to the public by dedication deed recorded .May 14., 1.931 in Book 1.47, Page 81, Washington. County Peed Records, saki right-of-way line being 20.00 feet from the centerline thereof, measured perpendicular thereto; Thence., North 04 ° I 'J-'22*' East, along said west. right-of-way Liite, a distance of .110.00 feet to the of the northeast corner of that parcel of land conveyed to Elton C. Phillips acid Sabina Jeanne Phillips 'by 4v4rranty deed recorded* Nouetiiber 12, 1.968 its. Book 723, Page 730, of said deed records; said point being die Point. of Beginning. I I I Thence, ti-otn said Point of Beginning, North. 89°49'.00" Went, along the north line of said l Phillips paIrc:61, a clistauce of 182.00 Peet to the northwest coiner tliereof, which is oa the east liiie ~ of that tract of Imid conveyed to the city of'rigard, Oregon by statutory warranty deed recorded May 27, 1998 in Fee Number 9.5-55401, said deed records, and referred to there. in as Parcel 2; Thence, Nortlr O5 ° 03'46" Fast along; tlrc east. line. of. said City. of Tigard, tract; .a distance .of LI 5.66 feet to the southwest corner, of that parcel of land conveyed to Christol)her J. Cach and Sheri L. Caeh by special warranty (iced. recorded April 15., 1:996 in i'ee. Number 96-33077 said deed records; i i Thence, North 04-049'18", West along the west line of said. Fee. Number 9G-33.077,. a distance of 227.45 feet to the northwest corner of said Fee Number 96-33077; Thence, North 88 °40'34" East along the no.rtli line of said Pee Nui.nber 96-3'1077,, a. distance of 162.78 feet, to said west right-of-way line ofS.W. Sunrise Lane, Thence, South 14 ° 17'37" East along said west right-bf-way burr of SN..Sunrise, Lanz, a distance l of 1.68.76 feet; Thence, Sonfh 04'13'22"- West along. said west right-of-way line of S.W. Sunrise Lane, a ~ cii:stancc of .183.16 feet to the Point of Beginninti, 9755 SW Barnes Road, Suite 300 • Porttaod, OR 97225 • " 503.626.0455 • F 503.526.0775 • www wIvacific.com W paC1fl Tlie above described garoel contains 61,977 sclume feet more oT less, which is 1.42 acres more or less. REG(STERED` ^ PRQFESSLp.NAL i LAND'SURVEYOR l OREGON!- JULY-25.19.90 CHARLES L. WI LEY 2474 SIGNED: -71v'1;z4)0'q EXP; 6/30/2010 1;1Shorcd~Suitey!cwilc~~ ~G~Ch•le~al'.TIs LG1;Lt00.ilot i J; J 1 i 1 i 1 I i L_ EXHIBIT B EXHIBIT "B" N88'40'34"E - - 162.78' J PORTION t~ TL101 " . OF TL200 N FEE.. NO. 96-33077 Z 6.1,,977 SQ. FT. FEE. NO. 98-55401 OR 1.42 ACRES S89'49'00'°E 180.30' \ ~o --.1 o POINT OF Z BEGINNING TL300 ~N . ct~. \ N8949'00"W j d \ 182.00 ° 8 723 P730 v ) S89'49f00f'E II 1030.50'* i - TL300 TL 400 W ~ rn :o N. g Z V, SCALE d 50 100 200 N d POINT OF CQtifMFNCEtvfEN T f ( FEET) i I INCH = 100 FT k 0 RESIGNED DY.• CLW CHECkED BY.- CLW CACW FAMILY PROPERTIES u DRAWN BY: MN APPROVED aY. CLIV LAST EDIT: 07/30/0 8 PLOT DATE: 07 30 Oa FOR THE CITY OF TIGARD 0 0AIE' OY REV REVISION CKOAPPR TAX MAP 2S 1 05DC 0756 n mn Rond SLlfa 000 TAX LOT NO. 901 & 300 rc Pert7°°d• Oretaa 97=5 WASHINGTON COUN 0.4 SCALE: PROJECT NO. ORAI%INC FILE NA44E: SHEET 1~1 I0° m i"=100' 034165 0341:65-SURV-EX00 L S J I<uu uTREE ---L-J 3 ~ SW JENSHIft- E ~ ~ U ARE GEOGRAPHIC INFORMATION SYSTEM SW NTERGREEN p Z WAY VICINITY MAP H w LL H co z ~ C LINA DR G W EE DR NLO ZCA2008-00003 WAY F CACH ANNEXATION BRISTL ONE WAY KLIP `SW SUNDEW DRIVE CITY O IGA W LEGEND: W ~ p Z Q S SUBJECT APPLICATION ORS FFRR RD FERRY 5 T6 9 N QP BONITA D SE FSEND RD DURHgM RD 3 Tigard Area Map I T N - N CT y = 0 100 200 300 400 500 Feet Y PL O A 1'= 488 feet 9 W S/y OA. y YY CT Information on this map is for general location only and 13125 SW Hall Blvd aft a 13125 SW Hag Blvd (503) 639-4 t71 INVITEES Community Development Plot date: Sep 10, 2008; C:\magic\M1AGIC03.APR TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s.) hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE ( OF OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV Ov ADDRESS Township/ Map Tax Lot Precinct D,--E Section Number Number Number K J. 16jz0SWSQAA1Z,1!Tr, 2---2 iD57 c~~ a~ ~~i. C t lid r.~ H d EXHIBIT E Hearin Date: October 28, 2008 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL FOR THE CITY OF TIGARD, OREGON. 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CACH ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2008-00003 APPLICANTS/ OWNERS: Christopher and Sheri Cach 15170 SW Sunrise Lane Tigard, OR 97224 PROPOSAL: The applicants request annexation of two (2) parcels totaling 1.43 acres to the City of Tigar. The proposed annexation does not include any development plans. The sub'ect property is an island of unincorporated land surrounded by the City of Tigard wi land owned by the City on the west and south and private land on the north and east. LOCATION: 15170 SW Sunrise Lane; Washington County Tax Map (WCTM) 2S105DC, Tax Lots 101 and 300. CURRENT ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R 5 District. The' average lot area for single-family detached dwellings within a proposed development shall be no less than 4,500 scrcare feet and the minimum lot area shall be 4,000 square feet. The minimum lot area or single family attached units shall be 3,500 square feet. EQUIVALENT CITY ZONE: R-7: Medium-Densi Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a muumum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1 Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1(Non-updated Version). CACH ANNEXATION ZCA2008-00003 PAGE 1 OF 9 SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation (ZCA2008-00003) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11. 1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Therefore, staff recommends APPROVAL of ZCA2008-00003 by adoption of the attached ordinance. SECTION III. BACKGROUND INFORMATION The proposed annexation includes two (2) parcels totaling 1.43 acres. The parcels are located in the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (ZP(;A2006-00002). The subject parcels are contiguous to the City on all sides and constitute an island of unincorporated rand within the ty Tax Lot 101 contains a single-family dwelling and outbuildingsi Tax Lot 300 is vacant. The subject property is gently sloped with sparse trees with significant habitat areas overlaying portions of both parcels. Christopher and Sheri Cash, owners of the subject parcels, have petitioned for annexation. Christopher and Sheri Cach are the only registered voters within the proposed annexation area. Therefore, 100 /o of property owners and 100% of the registered voters have petitioned for annexation. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 City. Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version)- Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Chapter 18.320.020.B: proval Process and Standards Approva Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; The City of Tigard Comprehensive Plan's Urbanization Chapter (Non-updated) (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10. further defines capacity as "adequate capacity, or such services to be made available," to serve the proposed area "if developed to the most intense use allowed," and "will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard." CAC HANNEXATION ZCA2008-00003 PAGE 2 OF 9 Upon annexation, the suNect property will be zoned R 7, a Medium-Density Residential zone, with a minimum lot size of 5,000 square feet. The subject property totals 1.43 acres. Based on the available information, and subtracting 0% for public facilitates, staff estimates a maximum density of 10 units on the subject property. When the subject. property develops the applicant will be required to connect to public service facilities. The land use review process will identify specific service provisions and require additional facilities or upgrades as appropriate, as well as consider the sensitive lands present. Water - City of Tigard. Tigard Water District is the current service provider for the subject properties. Upon annexation, City of Tigard will be the provider of water. Water is available to serve the subject property. According to the October 6, 2008 letter from City Engineer Agustin Duenas the water system does have the overall infrastructure and adequate capacity to serve the properties to ~e annexed at the most intense use allowed without significantly reducnig the level of service available to developed and undeveloped land within Tigard. Sewer - Clean Water Services/City of Tigard. Clean Water Services (CWS) is the service provider of sewer service. The existing single-family home on Tax Lot 101 is on a septic system. Upon annexation, the City of Tigard will be the provider of sewer service. According to the October 6, 2008 letter from City En ineer Agustin Duenas, the City is capable of providing retail level sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the City. Drainage - Clean Water Services/City of Tigard. Clean Water Services is the current provider of stormwater service. Upon annexation, the Ciy of Tigard will be the provider of stormwater service. A single-family home exists on Tax Lot 101. If antd when the parcel develops, the parcel will alreadyy be inside city limits and will be required to receive City stormwater services. According to the October 6, 2008 letter from City En ineer Agustin Duenas, the City has the capacity to provide retail level storm sewer service without significant reduction in the level of services provided to developed and underdeveloped properties in the City. Streets - City of Tigard Capital Construction & Transportation Division. The subject pproperty is located north of SW Bull Mountain Road at 150t' Avenue. According to the October 6, 20081etter from qty Engineer Agustin Duenas, the City has determined that it can provide street-related services to this site and doing so will not significantly reduce the level of services to developed and underdeveloped properties in the City. Police - City of Tigard Police Department. The City of Tigard Police Department reviewed the subject proposal and commented that they have no objection to it. The Tigard Police Department has determined that it has adequate services to serve the most intense use allowed and that providing services will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. Fire - Tualatin Valley Fire and Rescue (TVF&R). The subject property is in Tualatin Valley Fire and Rescue's CI'VF&R's) service area. The TVF&R District currently provides services to the entire Bull Mountain area both inside and outside of the City of Tigard. The Fire District has personnel and equipment in the area that can respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue operations to developed and undeveloped land. within the City of Tigard. TVF&R s new fire station, Station No. 50 located within approximately 1.5 miles of the subject property at SW 124th Avenue and Walnut Street, is cue to open in December 2008. Based u on this review, staff finds that all public services and facilities as defined b the Com rehensive ovi e service to P an are ava* a e to t e propose annexation territo and sufficient ca aci to provide- the ro ose annexation temto developed tote most intense use allowe-d and signif icant reduce f he level o services available to developed an un eve ope an in the City o Tiga CACH ANNEXATION ZCA2008-00003 PAGE 3 OF 9 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. The following Com rehensive Plan goals and policies apply to the pro osed annexation: Goal 1.1 F01.11 dated Version); Goo al 11.1 Poli cy 4 (Updated Version); Goa111.3, Policy 6 (Updated Version) and Policy (Non-updated VersiR. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Goal 1.1 (Undated): Citizen Involvement. The City shall provide citizens, affected agencies and other jurisdictions e opportunity to participate in all phases of the planning process. The City, maintains an ongoing citizen involvement program. To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the qty provides notice for Type IV land-use applications. The City posted, mailed and ubElied notice of the public hearing as follows. The City ublished public notice in The Tiund Tualatin Sbmwod Tinz for two successive weeks (October 9 and 16, 208) prior to the October 28, 2008, public hearing. The City posted a sign on the subject property on SW Sunrise Lane on September 10, 2008. The City posted hearing notice for public view on September 11, 2008: Tigard Library, Tigard City Hall, and Tigard Fermit Center. In addition, the City maintains a list of interested parties who were mailed notice on October 6, 2008, including former members of Citizen Involvement Team West. Staff finds that this policy is met. Goal 11.1 (Undated): Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. A single-family home exists on Tax Lot 101. If and when the parcels develop, the parcels will already be inside city limits and will be required to receive City stormwater services. Therefore, this policy is met. Goal 11.3 (Updated): Public Facilities and Services. Policy 6. The City s a require a property to be located within the city limits prior to receiving City wastewater services. A single-family home exists on Tax Lot 101. If or when the.parcels develop, the parcels will already be inside city limits and will be required to receive City sewer services. Therefore, this policy is met. Policy 10.1.1 (Non-updated): Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water, 2. Sewer, 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, all services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a non-remonstrance agreement regarding t-lie following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the followin : a) Water, b) -Sewer, c) Drainage, and d) Streets. 2. The formation of -a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements proggram requires a non-remonstrance agreement for this area. Some urban services are already available for the proposed annexation territory, others are available nearby and would require connections from the' he proposed annexation area if the properties are developed in the future. CAC H ANNEXATION ZCA2008-00003 PAGE 4 OF 9 c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The proposed territory is within the Tigard Urban Planning Area and within the City's Urban Growth Boundary. Upon annexation, urban services will be provided as outlined in the Washington County- Tigard Urban Planning Area Agreement, Tigard Urban Services Agreement and current Citypolicies. Staff finds that this policy is met. Policy 10.1.2 (,Non-updated): Urbanization. Approval of proposed annexations of land by the City shall be based on riicy ngs with respect to the followin : a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b)he annexation will not create an irregular boundary that makes it difficult for the police in an emet ency situation to determine whether the parcel is within or outside the City, c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The subject parcels constitute an island of unincorporated Washington County within the Tigard City Limits. b) The proposed annexation will not create an irregular boundary but instead eliminate an island of unincorporated territory c) The City of Tigard Police Department reviewed the annexation proposal and commented that they had no objection to it. d) The proposed annexation territory is located within the Tigard Area of Interest. The proposed annexation territory is contiguous to the City e) As the findings for Chapter, 18.320.020, above, demonstrated, the annexation can be accommodated for the following services: water, sewer, drainage; streets; police; and fire protection. Items a through e have been met. Therefore staff finds that the proposed annexation meets Policy 1012 Polic 10.1.3 Non-updated): Urbanization. Upon annexation of land into the City which carries a Washington Countyzoning desiglnation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Section 18.320.020.C of the Community Development Code provides specifics on this conversion. See Table 18.320.1 on the following page: TABLE 3'0.1 CONVERSION'TABLE FOR COI:NTV AND CITY PLAN AND ZONING DESIGN"ATIONS Washington County Laud Use City of Tigard Zoning City of Tignrd Distriers:Plan Designation Plan Deslgunriou R-5 Res. t uni[r'acre R-4.5 SFR 7.500 sq. ft. Low demitc 1-5 units,acre R-6 Res. 6 units,acre R-7 SFR 5.000 sq. ft. Med. dersitt 6-1' umtuacre R.o Res. S wlin'acte R-12 Multi-fuuih- 12 mlitsacre Med. dmsiry 6-1' units acre R-12 Res. 1' urits'acrr R-1' Multi-family units-acre Med. dersinv 6-!_ uairs'aae R-15 Res. 15 nails acre R-25 Multi-family -15 wws'acre ?Tedium-High demtty 13-25 lullti/lcre . R-21 Res- 24 units acres R-25 Multi-Nnilr_ 25 uaitsiacre _XIeditwi-High denim- 131-25 lulinlaire - Office C'Olntllercial C'-P Commercial Professional C'P Commercial Professional \C' Neighborhood Cotut:ercial C\ \eichborituod Commercial CN IN62hUorhood Commercial CBD C'ountercial Business C'BD Conunercial Business CBD Commercial 3usuless Dt sn'tct Di strict Disn tct GC General Conumrcial CG General C'ollullercial CG General Connllelcial IND htdosninl I-L Light Indusnial Light Lidusuial■ CACHANNEXAMON ZCA2008-00003 PAGE 5 OF 9 The subject parcel is zoned R-6 by Washington County. Table 320.1 summarizes the conversion of the County's plan and zoning desiggn~ations. R 6 County zoning converts to the Cits R 7 zoning. As this is a Zone Change Annexation (Zg) application, upon approval and execution of the proposed annexation, the subject parcel will automatically convert to R 7 zoning. In addition, the Citys Comprehensive Plan designation for medium-density residential will be applied to the properties. Cha ter 18.320.020.C Assignment o f comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assi nment of these designations shall occur automatically and concurrently with the annexationAn the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are tFie most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.380). % request for a zone change can be processed concurnently with an annexation application or after the annexation has been approved. As the previous section demonstrated; the CRe( f Tigard R 7 zoning district is the most similar to Washington County's R 6 zoning district. subject property is currently zoned R-6 and will automatically be zoned R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Title 18) using standards of approval contained in 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires city Council to hold a hearing on an annexation. It also requires the City to publish notice at least 10 business days prior to the hearing. The City published public notice in The Ti~x ni Tualatin Slx ood Titres for two successive weeks (October 9 and 16, 2008) prior to the October 28, 2008, public hearing. The City posted a siggn on the subject property on SW Sunrise Lane on September 10, 2008. The City posted hearing notice for public view on September 11, 2008: Tigard Library, Tigard City Hall, and Tigard Permit Center. Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and is, therefore, in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222: State law (ORS 222.120(4)(4, ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory when owners of Ian dd in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearin before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city and shall cause notices of the hearing to be posted in four public places in the city 45 days prior to the earing. Owners of the subject parcels have signed petitions for annexation to the City The subject parcels are contiguous to the Cats boundary. Adjacent right-of-way is already within the City boundary. CACH ANNEXATION ZCA2008-00003 PAGE 6 OF 9 The City published public notice in The Ti ni Tiralagn Slae wod Ti?s for two successive weeks (October 9 and 16,'1008 ) prior to the October 28, 008ublic hearing. The qty posted a sign on the subject roperrtyry on SW Sunrise Lane on Sepptember 16, 3008. The City posted hearing notice for public view on geptember 11, 2008: Tigard Library,-Tigard City Hall, Tigard Permit Center. Staff finds that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that this report is available 15 days before the hearing ((October 13, 2008 for an October 28, 2008, hearing). Staff has determined that the a hcable MEO re ations etro Code 3.09.040 d have been met ased on the following in ings: Metro 3.09.040 b Not later an 15 days prior to the date set for a change decision, the approving entity shall make available to the public a re pport that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006); and TUSA (2006). J3) A description of how the proposed boundary change is consistent with the comprehensive and use plans, public facility plans, regional framework and functional plans, rep urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable goals and policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2006). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional ramework'Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the GVs Comprehensive Plan and Development Code have been amended to comply with Metro functional p.an requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The pproppo~sed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance District and the Tigard Water District upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take lace October 28, 2008. If the Council adopts findings to approve ZCA2008-00003, the effective (fate of the annexation will be 30 days later on November 27, 2008. CACHANNEXATION ZCA2008-00003 PAGE 7 OF 9 Metro Code 3.09.040 d An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the AA annexation complies with all applicable provisions of urban service provider agreements: UPAA (2006) and the TUSA (2006)). The pro osed annexation is in the Area of Interest and Urban Service Area, which are subject to the UPAA and 7VSA. The agreements state that the County and qty will be supportive of annexations to the City. Therefore, the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public bearing. The agreement states that "so that all properties within the Tigard Urban Service Area will be served-by the Qty, the County and City will be supportive of annexations to the City." The annexation proposal is consistent with this agreement. 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework flan. 5. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public facilities or services because it is consistent with the terms of the TUSA (2006), which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6. The territory lies within the Urban Growth Boundary, and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable criteria and found it to be consistent. (Tigard CDC 18.390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. The Development Code and Municipal Code will apply to the proposed terntory if or when it develops. CACHANNEXATTON ZCA2008-00003 PAGE 8 OF 9 SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department reviewed the subject proposal and commented that they have no objection to it. The City of Tigard Police Department reviewed the subject proposal and commented that they have no objection to it. The Tigard Police Department has determined that it has adequate services to serve the most intense use allowed and that providing services will not significantly reduce the level of services available to developed and undeveloped land within the City,of Tigard. The City of Tigard Engineering Division reviewed the subject proposal and commented in an October 6, 20081etter from City Engineer Agustin Duenas. The letter conlu7ns the City's capacity to provide water, sanitary sewer, storm drainage and streets to the subject properties without significant reduction in the level of services provided to developed and undeveloped properties in the City. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS) has reviewed the proposal and provided its general policies regarding sewer and stormwater connection for future residential development. SECTION IX PUBLIC COMMENTS The City mailed notice to surrounding property owners within 500 feet and all interested parties on October 6, 2008. As of the date of this report, staff has not received any written public comments. 10/7/2008 PREPARED BY/. G Pagens ec er DATE ociate Planner 10/7/2008 APPROVED BY. Ric ar H ~eVersdorff DATE Planning a r CAC H ANNEXATION ZCA2008-00003 PAGE 9 OF 9 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 08-I:Z AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009 TO UPDATE THE COMPREHENSIVE PLAN INTRODUCTION AND ADD A GLOSSARY OF KEY DEFINITIONS A S AM Cz A-1 DE Q WHEREAS, the Tigard City Council directed staff to complete a fill update of the Tigard Comprehensive Plan, including a process for garnering citizen input; and WHEREAS, the Tigard visioning reports, community surveys, and policy interest team meetings were utilized to develop draft language for the update of the Tigard Comprehensive Plan; and WHEREAS, the City has proposed an amendment to the Tigard Comprehensive Plan by updating the Introduction and adding a Glossary of key definitions; and WHEREAS, the Tigard Planning Commission held a public hearing, which was noticed in accordance with City standards, on September 15, 2008, and recommended approval of the proposed CPA 2008- 00009 by motion and with unanimous vote; and WHEREAS, on October 28, 2008, the Tigard City Council held a public hearing, which was noticed in accordance with City standards, to consider the Commission's recommendation on CPA 2008- 00009; and WHEREAS, on October 28, 2008, the Tigard City Council adopted CPA 2008-00009 by motion, as amended, pursuant to the public hearing and its deliberations; and WHEREAS, Council's decision to adopt CPA 2008-00009 is based on the findings and conclusions found in the City of Tigard staff report dated September 8, 2008, and the associated record, which are incorporated herein by reference and are contained in land-use file CPA 2008-00009. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Comprehensive Plan is amended to include new text and to rescind existing text as shown in "EXHIBIT A"; and SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. ORDINANCE No. 08- Page 1 of 2 .Y PASSED: By Ca f) fi'n') DU5 vote of all Council members present after being read by number and tide only, this day of (7c--CtDj2-en-. , 2008. Catherine Wheatley, City Recorder V~- APPROVED: By Tigard City Council this~& _ day of ~C fi , 2008. Craig irksen, Mayor Approved as to form: ty Attorney 0~ ORDINANCE No. 08- ) `7 Page 2 of 2 EXHIBIT A INTRODUCTION Plan Background The City of Tigard Comprehensive Plan acts as the City's "land use constitution." It is the document that provides the broad policy basis for Tigard's land use planning program and ultimately guides all actions relating to the use of land in the City. The Plan also signals that the City's land use planning efforts will implement state and regional requirements, including Oregon's land use planning goals and related laws, state administrative rules, and applicable Metro plans and requirements. Equally important, the Plan acts to coordinate actions with local jurisdictions and state and federal agencies that may have a stake in Tigard's land use policies and implementing regulations and actions. In addition to its legislative and coordination roles, the City of Tigard Comprehensive Plan also reflects community values and aspirations about Tigard's future. The Plan aims to organize City actions and programs that define relationships between land use goals and policies and community livability, economic vitality, provision of needed public facilities, citizen involvement, etc. The 2008 City of Tigard Comprehensive Plan is the first complete update of the City's original 1983 Plan. The goals, policies, and recommended action measures included in this document take into account the broad range of changes that have occurred since the original Plan was adopted and acknowledged by the state 25 years ago. These current conditions and projected trends are summarized in the Tigard 2007 Resource Report, which provides the substantive factual basis for many of the Plan chapters. Citizen involvement was also an integral element in the update of the Plan. The citizen involvement program included many community meetings and public hearings, as well as considering relevant findings from past citizen surveys and 10 years of citizen engagement associated with the Tigard Beyond Tomorrow visioning project. Through these efforts, values and attitudes of Tigard's citizens were incorporated into the updated City of Tigard Comprehensive Plan. Purpose of the Plan and Its Implementation The City of Tigard Comprehensive Plan is required by state law to be consistent with 12 of the 19 Oregon Statewide Land Use Planning Goals. Local jurisdictions within the Metro regional planning boundary must also be consistent and coor- dinated with relevant Metro requirements such as the Urban Growth Management Comprehensive Plan City of Tigard j_1 INTRODUCTION Functional Plan and the Regional Transportation Plan. To this end, the Oregon Department of Land Conservation and Development (DLCD) has approved or "acknowledged" the City's Plan as being in "compliance" with the statewide planning goals, and consistent with Metro requirements. The City undertook the update of the Plan through the state's Post Acknowledgement Plan Amendment (PAPA) process. Each Plan chapter was sepa- rately reviewed by DLCD and found compliant with the statewide planning goals. Furthermore, each Plan chapter was subject to public hearings by both the Tigard Planning Commission and the Tigard City Council. During this process legislative findings were made for each chapter concerning consistency with local policy, state goals, and Metro requirements. Once "acknowledged", the City of Tigard Comprehensive Plan provides the founda- tion for actions relating to the update and maintenance of its land use planning program. These actions are accomplished though specific legislative proceedings and include the adoption of codes and standards, public facility plans, capital improvement plans, transportation system plans, etc. It is important to stress that state law does not allow comprehensive plan policies to be directly used as decision-making criteria for most land use deci- sions. In order for comprehensive plan policies to be applicable to decisions (e.g. subdivision/land partition approval, site design review, tree protection), they must be translated into clear and objective standards such as those found in the Tigard Community Development Code. However, plan policies can be applied to discretionary land use decisions, such as conditional use applications. The primary purpose of the City of Tigard Comprehensive Plan policies are to direct legislative decisions such as Plan and Zoning Map amendments, special area plan adoption and, as mentioned previously, adopting development regulations. The City of Tigard Comprehensive Plan is also a document that represents the land use vision and values of the community. Many of the Plan's policies are written as mandatory statements, while others have more aspirational qualities. Depending on the situation, both types of policy have the potential to be used by the Tigard City Council and/or the Tigard Planning Commission as decision- making criteria. Ultimately, it is at the discretion of the City's elected leadership whether or not some policy statements versus others are applicable to given circumstances. Even though all goals and policies, including those that are aspirational, are statements of public policy, there are practical limitations to the degree which 1-2 City of Tigard Comprehensive Plan t INTRODUCTION they can be implemented. The discretion to what degree Plan policies are implemented belongs primarily to the City Council. Implementing measures are subject to constraints such as availability of funds, changes in law (federal, state, or regional), and constitutional limitations. Furthermore, the City and other governments' responsibilities in the areas of public safety may require emergency actions which would otherwise require adherence to specific permit requirements and findings of plan compliance. As the Plan is "comprehensive" in nature, there are no parts which can be considered separately from others. Plan goals and policies are intended to be supportive of one another. However, if conflicts arise between goals and policies when using the Plan, the City has an obligation to make findings which indicate why the goal or policy being supported takes precedence. This involves a decision-making process on part of the City which balances and weighs the applicability and merits of the goals and policies that are in contention. The Plan is also intended to be an organizational and management tool to help guide the decisions of City staff and set City goals relating to the use of land. Because the Plan is based on an in-depth analysis of community values, accepted by a broad range of agencies, and determined to be legally compliant with state law and Metro rules, it is a resource to help guide and inform City decisions. However, from an operational perspective, the Plan is not mandatory. The City can conduct its operations and develop projects consistent with appli- cable law, including its own land use codes and standards. For the Comprehensive Plan to remain relevant, it needs to be updated periodi- cally to be responsive to changing conditions. In fact, state law requires jurisdic- tions to periodically review their plans. The updated City of Tigard Comprehensive Plan emphasizes, several times, the importance of updating/revising the Plan as needed to ensure it is current and responsive to community needs, and consis- tent with applicable laws. Format of the Plan The City of Tigard Comprehensive Plan is organized by chapters that address each applicable Statewide Land Used Planning Goal. Additionally, areas identified as having unique planning needs or land use characteristics are identified under the title of "Special Planning Areas." Comprehensive Plan Cityof Tigard 1-3 INTRODUCTION Every chapter begins with a background and key findings summary followed by goals, policies and recommended action measures. A glossary of key terms is at the end of the document, as are descriptions of Tigard's Comprehensive Plan Map designations. Definitions and Obligations of Goals, Policies, and Recommended Action Measures Goals, policies and recommended action measures identify the intent of the City to accomplish certain results. The goals and policies relate to one another and are obligations the City wishes to assume. Recommended action measures support the obligations to achieve a desired end, but do not signify an obligation themselves. The following describes goals, policies, and recommended action measures in greater detail. GOAL: Definition - A general statement indicating a desired end or the direction the City will follow to achieve that end. Obligation - The City cannot take action which violates a goal statement unless: 1. Action is being taken which clearly supports another goal. 2. There are findings indicating the goal being supported takes precedence (in the particular case) over another. POLICY: Definition - A statement identifying Tigard's position and a definitive course of action. Policies are more specific than goals. They often identify the City's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Obligation - The City must follow relevant policy statements when amending the City of Tigard Comprehensive Plan, or developing other plans or ordinances which affect land use. To amend the Plan, the City must show consistency with the Statewide Land Use Planning Goals. Such an amendment must take place following prescribed procedures prior to taking an action that would otherwise violate a Plan policy. 1-4 Cityof Tigard Comprehensive Plan INTRODUCTION ' RECOMMENDED ACTION MEASURES: Definition - A statement outlining a specific City project or standard which, if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Plan goals and policies. Obligation - Completion of projects, adoption of standards, or the creation of certain relationships or agreements with other jurisdictions and agencies, will depend on a number of factors such as citizen priorities, finances, staff avail- ability, etc. The City should periodically review and prioritize recommended action measures based on current circumstances, community needs, and the City's goal and policy obligations. These statements are suggestions to future City decision-makers as ways to implement the goals and policies. The listing of recommended action measures in the Plan does not obligate the City to accom- plish them. Neither do recommended action measures impose obligations on applicants who request amendments or changes to the Plan. The list of recom- mended action measures is not exclusive. It may be added to, or amended, as conditions warrant. Comprehensive Plan City of Tigard 1_5 u hey s+de+~~ „ wash4 Glossary Introduction/ City of Tigard C, OOg-00009 rese~~s, ~s~se ~~asga~►+s+'A Ah, . s-ar~ife' e ~e4isies-"~ use -4r . -a+ ~w lw~ Introduction/ Glossary 2 city of Tigard cPA2008-00009 irk • al-H~~~~p~~ aca-9~'r~ t jitsoduction/ Glossary 3 cixp of `Tigard cpll2 8-00009 GLOSSARY 100-year Floodplain - An area of land adjacent to a river, stream, lake, estuary, or other water body that the Federal Emergency Management Agency (FEMA) identifies as having a 1°..•o chance of being inundated by flood waters in any year. Active Recreation -Active recreation refers to physical participation in actiNq- ties involving games, sporting events or sinilar activities which often require specific constructed facilities to accommodate the activity such as sporting fields, courts, aquatic facilities, buildings, etc. Active recreation may also include unstructured play or other leisure activities requiring facilities such as play- grounds, dog play areas, skate parks, etc. Active Recreation Facilities - These are public or private facilities such as described above that accommodate those who wish to engage in structured or unstructured active recreation, play, or leisure activities. Adaptive Management - A management approach that seeks to improve the effectiveness of a policy or process by establishing measurable baseline condi- tions and desired end goals, periodically measuring the success of existing actions against those goals, and making corrections as necessary to improve success. Affordable Housing - The accepted definition found in federal and state programs is housing that costs a household no more than 30"0 of its gross income for rent and utilities. Biodiversity - The full range of varietl= and variability within and among living organisms and the ecological complexes in which they occur; encompasses ecosystem or conunwity diversity, species diversity, and genetic diversity. Citizen - An inhabitant of a city or town, specifically one entitled to its privi- leges or franchises. Citizen Involvement Program - A program established by a city or county to ensure the extensive, ongoing involvement of local citizens in planning. Such programs are required by Statewide Land Use Planning Goal 1, "Citizen Involvement," and contain or address the six components described in that goal. Clean Water Services (CWS) - A public utility committed to protecting water resources in the Tualatin River Watershed through innovative wastewater and Comprehensive Plan ' City of Tigard G-1 I~~II U GLOSSARY stormwater services, flood management projects, water quality and stream enhancement projects, fish habitat protection, and snore. Cluster - A grouping of development. Specifically, the locations of structures on. a given site in. one area leaving the remainder of the land in open space. Committee for Citizen Involvement (CCI) - A local group appointed by a governing body for these purposes: assisting the governing body with the development of a program that promotes and enhances citizen involvement in land use planning; assisting in the implementation of the citizen involvement program; and evaluating the process being used for citizen involvement. Community Recreation Facilities - The wide variety of indoor and outdoor sports and leisure facilities publicly owned and operated to promote the health and well-being of the community. Some are used primarily for active recreation, others designated for passive uses, with soiree overlap among or within indi- vidual facilities. Community Parks - Provide a variety of active and passive recreational. oppor- tunities for all age groups and are generally larger in size and serve a wider base of residents than neighborhood parks. Community parks often include devel- oped facilities for organized group actii-ity as well as facilities for individual and family activities. Compatibility - The ability of adjacent and/or dissimilar land uses to co- exist Without aesthetic, en-Hronnmental, and/or operational conflicts that would prevent persons to enjoy, occupy, or use their properties without interference. A variety of remedies to compatibility conflicts are normally provided in a jurisdiction's land use program; including limited land use designation, buffering, screening, site and building design standards, transportation facility design, etc. Development - Any man-made change to improved or unimproved real property, including, but not limited to, construction, installation or alteration of a building or other structure, change of use, land division, establishment or termination of a right of access, storage on the land, grading, clearing, removal or placement of soil., paving, dredging, filling, excavation, drilling or removal of trees. Downtown Tigard - The area of the City that is included within the Urban Renewal District. G-2 City of Tigard Comprehensive Plan GLOSSARY Economic Gardening - Strategies and programs aimed at helping a communi- ty's existing businesses and entrepreneurs grow into healthy, 6brant companies with a strong employment base. Efficient Use of Land - Utilization of urban. lands in a way that prevents urban sprawl, maximizes the use of existing infrastructure, reduces the need for automobile travel, conserves energy, and provides for easy access to needed goods and services. The efficient use of land also means the application of development principles that result in less land. being utilized to accommodate specific uses, thus resulting in compact urban development. Effective Impervious Area - Impervious area such as rooftops, streets, side- walks, and parking areas do not allow water to drain into the soil. Impervious area that collects and drains the water directly to a stream or wetland system via pipes or sheet flow is considered. "effective impervious area", because it effec- tively drains the landscape. Impervious area that drains to landscaping, swales, parks and other pervious areas is considered "ineffective" because the water is allowed to infiltrate through the soil and into ground water, without a direct connection to the stream or wetland. Employment and Industrial Areas - Areas identified in Title 4 of the Metro Urban Growth Management Functional Plan as being important to the region's economy. These areas are subject to certain limitations on the type and scale of non-industrial uses. Encourage - Support, advocate, or take affirmative action to achieve a partic- ular community objective. Environmental Performance Standards - See the Tigard. Community Development Code Chapter 18.725. Family Wage - The income necessary for a family to make ends meet without any public or private assistance. Feasible - Reasonably capable of being done,. executed, or effected with the means at hand and circumstances as they are; practicable. Federal Emergency Management Agency (FEMA) - The federal agency responsible for administering the National Flood Insurance Program Comprehensive Plan I City of Tigard G_3 Im~II 'qw GLOSSARY Fine Particulate Matter - Air pollution comprised of solid particles or liquid droplets that are less than 10 nnicrons in diameter or less than 2.5 microns in diameter. Particles in these size ranges are of great concern because they can be inhaled deeply into the lungs where they can remain for years. Floodplain -The area adjoining a stream, tidal estuary, or coast that is subject to regional flooding. Franchise Agreements - The right to provide service granted to a person pursuant to the Tigard Municipal Code, including the establishrrrent of rates by the. City. Full Service Recreation Facilities - A collection of facilities that provide a diverse array" of recreation choices and allow for a wide spectrum of programs and activities that meet the recreational and leisure needs of cormmunity residents. Functions and Services - The physical, chemical, and biological processes or attributes that contribute to the self-maintenance of a natural system and the benefits human populations derive, either directly or indirectly, from there. An example of a function is the provision of wildlife habitat or the trapping of nutrients, while a service would be supporting the food chain or provision of clean water. Goal - A general statement indicating a desired end or the direction the City will follow to achieve that end. Green Concepts and Practices - Refers to measures to increase re-use and recycling programs, on-site filtration, integrated pest management, the utilizing of existing and emerging technologies for conservation and energy efficiency, demand management, and other best management and operation practices. Greenspace/Greenway - An area of protected or reserved public or private land that has important natural resource characteristics such as flood plains, wildlife habitat, water quality functions, natural scenic qualities, etc. Greenspaces/Green-vays may provide for low impact passive recreation activi- ties such as walking, nature study, and, where appropriate, biking. G-4 City of Tigard Comprehensive Plan (11na.I GLOSSARY Habitat - An area upon which fish and/or wildlife depends in order to meet their regturements for food, water, mobility, security, and reproduction. Habitat Friendly Development Practices - Broad range of development teclv-iiques and activities that reduce the detrimental. impact on fish and wildlife habitat relative to traditional development practices. Examples include clustering development to avoid habitat, using alternative materials and designs such as pier, post, or piling foundations designed to inini mize tree root disturbance, managing stormwater on-site to help filter rainwater and recharge groundwater sources, collecting rooftop water ui rain barrels for reuse in site landscaping and gardening, and reducing the amount of effective impervious surface created by development. Hazardous Tree - A tree or tree part that is likely to fail and cause damage or injury, and the likelihood exceeds an acceptable level of risk. Hazardous Waste - A solid waste (solid waste includes solids, liquids and compressed gases) that possesses at least one of four characteristics (ignitibility, corrosivity, reactivity, or toxicity), or that appears on federal or state official lists of hazardous wastes. A solid waste is a hazardous waste if is: • Defined by Title 40 of the Code of Federal Regulations (CFR), Part 261 as a hazardous waste; or • A "state-only" waste defined as hazardous in the State of Oregon. Oregon includes six categories of waste in OAR 340-101-0033. Healthy Streams Plan -Approved by CWS in June 2005, the goal of the plan is to utilize scientific knowledge and innovation to improve watershed and stream health for community benefit. Historic and Cultural Resources - Historic and prehistoric sites, structures, districts, landscapes, objects, and other evidences of human activities that repre- sent facets of the history, or ongoing cultural identity, of a Nation, Oregon, or Tigard. Household Hazardous Waste - Any discarded, useless, or unwanted chemical materials or products that are or may be hazardous or toxic to the public or the environment and are commonly used in or around households. Residential waste that is ignitable, corrosive, reactive, or toxic. Examples include solvents, pesti- cides, cleaners, and paints. Impervious Surface - A solid surface, such as streets, parking lots, and roofs, that prevents rain from being absorbed into the soil, thereby increasing the Comprehensive Plan City of Tigard G-5 U GLOSSARY amount of water runoff that typically reaches a receiving stream. Industry Cluster - Groups of similar and related firms in a defined geographic area that share common markets, technologies, worker skill needs, and which are often linked by buyer-seller relationships. Innovative Business - A business involved in the creation of new knowledge (invention); the transformation of new knowledge into new products, processes, systems or services (translation) ; and/or the creation of economic value with new products, processes, systems or service (conunercialization). Intelligent Transportation Systems - A broad range of diverse technologies which, when applied to our current transportation system, can help improve safety, reduce congestion, enhance mobility, minimize environmental impacts, save energy, and promote economic productivity. Intergovernmental Agreement (IGA) - The most common method, usually in the form of a signed legal contract, for neighboring jurisdictions to cooperate on providing services or implementing programs. Invasive Species - A non-native species whose introduction does, or is likely to cause, economic or envirom.ental harm, or harm to human health. An invasive species can be a plant, animal, or any other biologically viable species that enters an ecosystem beyond its native range. Landslides - The downslope movement of rock, soil, or related debris that is a natural hazard. Leadership in Energy and Environmental Design (LEED) - A broadly accepted private benchmark for the design, construction, and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings' performance. LEED promotes a whole-building approach to sustainability by recognizing performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection, and indoor environmental quality. Linear Parks - Park or greenspace that may provide opportunities for trail- oriented outdoor recreation along built or natural corridors, connect residences to major commurdty destinations, and may also provide some active and passive recreation facilities to meet neighborhood needs, especially in areas not. G-6 Croy of Tigard Comprehensive Plan Ii ) GLOSSARY INW adequately served by traditional neighborhood parks. Low Impact Development (LID) Practices - An approach to land develop- ment that uses various land use planning and design practices and technologies to simultaneously conserve and protect natural resource systems and reduce infrastructure costs. LID still allows land to be developed, but in a cost-effective manner that helps mitigate potential em71ironinental impacts. Metro - The regional government of the Portland metropolitan area. The elected Metro Council is the policy setting body of the regional goveriunent. Mixed Use Zoning - An area of land within the Tigard city limits designated for buildings or structures with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form. Municipal Separate Storm Sewer System (MS4) Permit - Required by Section 208 of the Clean Water Act and held by Clean Water Services, the permit requires the implementation of stormwater pollution prevention plans or stormwater management programs (both using best management practices) that effectively reduce or prevent the discharge of pollutants into receiving waters. National Ambient Air Quality Standards - Established by the United States Environmental Protection Agency, the standards are designed to regulate air pollutants that are harmful to people and the environment. Primary standards are set at levels meant to protect human health, including sensitive populations such as children, the elderly, and individuals suffering from respiratory disease. Secondary standards are designed to protect public welfare (e.g. building facades, visibility, crops, and domestic aiutnals). National Pollution Discharge Elimination System (NPDES) Permit - Held by Clean Water Services, the permit is required by the Clean `eater Act, which prohibits anybody from discharging "pollutants" through a "point . source" into a "water of the Utvted States" unless they have an NPDES permit. The permit contains limits on what can be discharged, monitoring and reporting regi.&ements, and other provisions to ensure that the discharge does not hurt water quality or people's health. In essence, the permit translates general require- ments of the Clean Water Act into specific provisions tailored to the operations Comprehensive Plan I City of Tigard G_7 I~~I L~ GLOSSARY of each person discharging pollutants. Natural Area - City-owned land and water that has substantially retained its natural character and provides important habitat for plant, animal, or aquatic life. Such areas are not necessarily completely natural or undisturbed, but can be significant for. the study of natural, historic, scientific, or. paleontological. features, or for the appreciation of natural features. Natural Resources - Resources and resource systems identified in Statewide Planning Goal 5. Examples include: fish and wildlife habitats, wetlands, strearns and associated riparian corridors, groundwater, and rare and endangered fish and wildlife, plants, and plant communities. Natural Systems - Interactive, interrelated, and interdependent elements forming a complex whole that exists in or is formed by nature. Hydrologic and ecological systems are two examples. Nature in Neighborhoods Program - A Metro region conservation initia- tive that brings people and government together to ensure a healthy urban ecosystem. The initiative will align the region's conservation programs behind a strategic effort to protect clean water and healthy natural areas for fish, wildlife and people. It will add more hands-on capacity for conservation education and habitat restoration. Neighborhood Parks -The foundation of the parks and recreation system, they provide accessible recreation and social opportunities to nearby residents. NXIen developed to meet neighborhood recreation needs, school sites may serve as neighborhood parks. Open Space - Public or privately owned areas, either undeveloped or minimally developed, intended for either active or passive outdoor recreation. Open spaces may include developed facilities that support outdoor recreation and trail- oriented recreation, or areas solely set aside for the nature-oriented recreation and the protection of natural resources, such as fish and wildlife habitat. Park Services - A generic term used to refer to parks, recreation, trails, and open spaces collectively. Parks System Development Charges - Charges assessed to new developments for the acgLUsition and development of parks, open spaces, and paved trails. They are assessed based on the cost of providing these services to new City patrons. G'$ City of Tigard I Comprehensive Plan I~~II GLOSSARY Passive Recreation - This is recreation activity, which does not usually require specialized facilities. Passive recreation typically involves unstructured activities such as walking for pleasure, picnicking, gardening, nature viewing, etc. Passive Recreation Facilities - These facilities may consist of minimal struc- tures, such as pathways, benches, picnic tables, etc., intended to accommodate unstructured, low levels of leisure activity on undeveloped, or minimally devel- oped, public or private land. Pocket Parks - Provide recreation opportunities for residents in areas not adequately served by neighborhood parks, such as town centers or areas of high density development. Policy - A statement identifying Tigard'-, position and a definitive course of action. Policies are more specific than goals. They often identify th.e Citv's position in regard to implementing goals. However, they are not the only actions the City can take to accomplish goals. Promote - Support, advocate, or take affirmative action to achieve a particular community objective. Proven Community Need - A need supported by evidence that is required to amend land use map(s), which ensures that the new land use being proposed is needed in the community in that particular location, versus other appropriately designated and developable sites. Public Facilities and Services - Publicly funded infrastructure and services, such as public safety, sanitary severs, domestic water, water quality, parks, trans- portation, governance, etc. that are required for the community's safety, health, welfare, prosperity, and quality of life. Public Facility Plan - A support document or documents to the Comprehensive Plan that describes the sewer, water, and transportation facilities needed to support the land uses and densities designated in the Plan. It is less specific than a Capital Improvements Program and required by Oregon law for cities with a population of 2,500 or more. Public Interest - Shared interests often expressed as conunonly held values that are perceived to be of general benefit to the whole community and the welfare of the general public versus that of specific entities, and which warrant recognition, promotion, and protection by the City. Comprehensive Plan City of Tigard G_9 u GLOSSARY Rare - An organism or plant community that is recognized and listed as excep- tionally unique, uncommon or scarce by a federal, state, or regional govern- mental body or agency. Rare species may also be listed as threatened or endangered under the Federal or Oregon Endangered Species Acts. Recommended Action Measure - A statement outlining a specific City project or standard, which if executed, would implement goals and policies. Recommended action measures also refer to specific projects, standards, or courses of action the City desires other jurisdictions to take in regard to specific issues. These statements also define the relationship the City desires to have with other jurisdictions and agencies in implementing Comprehensive Plan goals and policies. Regionally Significant Habitat - Areas identified. as providing benefits to fish and wildlife, and classified for protection based on habitat quality and impor- tance, economic and social value of the land, and current development status. Renewable Energy - Energy sources that are either inexhaustible (solar, wind) or replenished over a short period of time (low impact hydro, biomass, geothermal). Most renewable energy ultimately comes from the sun - indi- rectly in the case of wind, water, and biomass; directly in the case of solar power generation. Natural, gas and coal, for example, are not renewable because their use consumes fossil fuel reserves at a much quicker rate than they can be replenished. Rent - Payment for the use of City property for private wetlands mitigation. The term is used in the 1996 COT resolution (Res 96-42) pertaining to such use. Right-of-Way Usage Fee -.Annual payment calculated as a percentage of gross revenue and assessed to all persons using a utility system or facility in the right-of-way to provide service to customers within the City of Tigard. Riparian Corridor - A Goal 5 resource area adjacent to a river, lake, or stream, and consisting of the area of transition from an aquatic ecosystem to a terres- trial ecosystem. It includes the water areas, fish. habitat, adjacent riparian areas, and wetlands. Riparian Habitat - Areas located within and dependent upon the unique habitat elements provided'Within a riparian corridor. G-10 City of Tigard ' Comprehensive Plan GLOSSARY r Sensitive Lands - Areas containing steep slopes, wetlands, drainageways, or floodplain as defined in the Tigard Community Development Code. Severe Weather Hazards- This broadly defined hazard category includes wind- storms, severe winter hazards (e.g., snow, ice, prolonged cold), thunderstorms, tornadoes, drought, prolonged extreme heat and other weather conditions that disrupt vital regional systems and threaten lives and property. Significant Habitat - Areas classified through the work of the Tualatin Basin Partners for Natural Places and adopted as part of Metro's Regionally Significant Habitat Areas and identified on the Tigard Significant Habitat Areas Map. Solar Access - Ability of sunlight to reach a solar collector unimpeded by trees, fences, buildings, or other obstruction. Solid Waste Collection and Disposal - Act of ensuring that any material no longer usable by the generator, producer, or the source of the material is properly disposed of or resource-recovered by another person. Special Needs Housing - Housing units which are available to a specific popu- lation, such as elderly, disabled, homeless, or people recovering from drug or alcohol abuse. Special Use Area - Public recreation lands that are specialized or single purpose in nature. Examples are dog parks, skate parks, golf courses, display gardens, recreation centers, and a wide range of other activities and facilities. Stormwater - Precipitation that accumulates in natural and/or constructed storage and conveyance systems during and immediately following a storm event. Stormwater Management - Functions associated with planning, designing, constructing, maintaining, financing, and regulating the facilities (both constructed and natural) that collect, store, control., and/or convey Stormwater. Stream Corridor - Area adjacent to a perennial or intermittent creek or river that protects the water quality functions of the stream as well as fish and wildlife habitat. Support - To aid the cause, policy, or interests of, or contribute to the progress or growth of. Comprehensive Plan Cite of Tigard G-11 I~~II LJ GLOSSARY Sustainable (Sustainability) - Using, developing and protecting resources at a rate and in a manner that enables people to meet their current needs and also provides that future generations can meet their own needs. Sustainability requires simultaneously meeting environmental, economic and community needs. System Development Charge - A reimbursement fee, an improvement fee, or a combination thereof, assessed or collected at the time of increased usage of a capital improvement or the issuance of a development permit, building permit, or connection to the capital improvement. Tigard Urban Planning Area - A site specific area within the Metro Regional Urban Growth Boundary consisting of lands within Tigard's city limits, and contiguous unincorporated land for which both the City and Washington County maintain an interest in Comprehensive Planning. Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) to coor- dinate land use and public facility planning activities and service provision within the areas. Tigard Urban Services Area (TUSA) -A site specific area within the Metro Regional Urban Growth Boundary consisting of lands within Tigard's city limits, and contiguous unincorporated lands. This area is co-terminus with the Tigard Urban Planning Area. Within the TUSA Agreement, Tigard is designated as the ultimate service provider of specific urban services. Also in the agreement, Washington County recognizes Tigard as the ultimate local governanice provider to all of the territory within the TUSA, including unincorporated properties. Total Maximum Daily Load (TMDL) - Calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is the suun of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation must include a margin of safety to ensure that the waterbody can be used for the purposes the State has designated. The calcu- lation must also account for seasonal variation in water quality. Traded Sector - Business sectors that sell goods and services outside the region to the broader state, national, and international markets; and/or produces goods and services that normally would have to be imported into the community. These businesses bring income into the community or region and keep local G-122 City of Tigard Comprehensive Plan GLOSSARY income from going elsewhere. Trails and Connectors - Public access routes for commuting and trail-oriented recreational activities including sidewalks, bikeways, multi-use trails, and paths. Up-to-date - Being in accord with relevant facts, knowledge, techniques, styles, etc. Upland Habitat - AD habitats beyond a riparian corridor. Examples include oak prairie, ponderosa pine/oak camas prairie, mixed conifer forest, etc. Urban Growth Boundary - Managed by Metro, a boundary that acts as a tool to protect forest and farmland from urban sprawl and promotes the efficient use of land, public facilities and services inside the boundary. Urban Forest - All the trees located within the city limits, including both remnants of native forests and planted landscapes. Urban Forest, Diverse - An urban forest that contains a variety and abundance of differing composition, structure, and function. Diversity in composition means variation in species, genetics, abundance and age. Diversity in structure means variation and abundance of vertical and horizontal arrangement, hetero- geneity, forest density, micro-climates, and visual quality. Diversity in function means variation and abundance of ecological services, stages of succession, and value as green infrastructure. Urban Interface Zone - The zone is located at the urban-rural fringe where homes and other structures are built onto a densely forested or natural landscape. Wastewater System - An underground carriage system that is responsible for transporting sewage from houses, businesses, and iaidustry to a treatment facility. In the City of Tigard, they are operated separately and independently of the stormwater system. Sanitary lines generally consist of laterals (services to a particular unit), mains, and manholes (or other various forms of traps). Wetland - An area that is inundated or saturated by surface water or ground- water at a frequency or duration sufficient to support, and that under normal Comprehensive Plan I City of Tigard G-13 dong.i GLOSSARY circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wildfire - Any fire occurring on wildlands that requires suppression response. Workforce Housing - Workforce housing can be rental and ownership market housing units that are affordable to households with incomes between 60-120°. o of median family income. Comprehensive Plan Map Legend RESIDENTIAL USE DESIGNATIONS Low-Density Residential - These areas will provide low-density residences (1 to 5 units to the net acre) and necessary urban services to maintain single-family residential neighborhoods. This designation includes the R-1, R-2, R-3.5, and R-4.5 zones. Medium-Density Residential - These areas will provide medium-density resi- dences (6 to 12 units to the net acre) and necessary urban services to maintain a stable mixture of single-family and multi-family neighborhoods. This designa- tion includes the R-7 and R712 zones. Medium-High Density Residential - These areas will provide mediwn-high- density residences (13 to 25 units to the net acre) and necessary urban services to allow housing of all types, but focused primarily on multiple-family neighbor- hoods. This designation includes the R-25 zone. High-Density Residential - These areas will provide high-density residences (26 to 40+ units to the net acre) and the necessary urban services to allow multiple-family neighborhoods. This designation includes the R-40 zone. 0 COMMERCIAL USE DESIGNATIONS Central Business District - The area deemed appropriate for high intensity mixed use development allowing commercial and office, as well as higher density residential uses of a minimum of 40 units per acre. This designation includes the CBD zone. G-14 Cite of Tigard Comprehensive Plan GLOSSARY Community Commercial - These areas are intended to provide locations for retail and service uses, which primarily have a neighborhood orientation. Medium-density residential uses will also be accommodated on or above the second story. This designation includes the C-C zone. General Commercial - These areas are intended to provide for major retail goods and services, generally for the traveling public, and be located along major traffic ways. This designation includes the C-G zone. Neighborhood Commercial - These areas are intended for the concentration of small commercial and personal service activities and related uses necessary to satisfy the daily shopping and related needs of nearby residents. This designa- tion includes the C-N zone. Professional Commercial - These areas are deemed appropriate for business and professional offices and related uses. This designation includes the C-P zone. MIXED USE DESIGNATIONS Mixed Use Commercial - These areas are intended to accommodate high- density office buildings, retail, and service uses, as well as mixed use devel- opments and medium high and high-density (25 to 50 units to the net acre) residential uses. Larger buildings with parking under, behind, or alongside the structures will be encouraged. The designation includes the WC and MUC-1 zones. Mixed Use Employment - These areas are intended to accorrunodate develop- ment concepts characterized by retail, office, and commercial services use, with business park and research facilities. High-density residential development will be encouraged. The designation includes the MUE zone. Mixed Use Employment 1 and Mixed Use Employment 2 - These areas are intended to accommodate office, research and development, and light manufac- turing. Limited commercial and retail services are allowed, as well as residential uses compatible with the employment character of the area. The designation Comprehensive Plan ( Cit}. of Tigard G-15 IN U GLOSSARY includes the MUE-1 and MUE-2 zones. Mixed Use Residential 1 and Mixed Use Residential 2 - These areas are intended to accommodate mixed uses with medium high and high-density residential development. Liini.ted conunercial and retail services that provide benefits and amenities to the residents are allowed. These areas should have a high degree of pedestrian amenities, recreation opportunities, and access to transit. The designation includes the MUR-1 and MUR-2 zones. INDUSTRIAL USE DESIGNATIONS Heavy Industrial - These areas are deemed appropriate for intensive manufac- turing, processing, or assembly of semi finished or finished products, including fabrication, and whose operating characteristics are potentially incompatible with most other land uses. The designation includes the I-H zone. Light Industrial - These areas are deemed appropriate for industrial activi- ties which include manufacturing, processing, assembling, packaging, or treat- ment of products from previously prepared materials and which are devoid of nuisance factors that would adversely affect other properties. The designation includes the I L and I P zone. OTHER DESIGNATIONS Open Space - These areas are designated for retention in a natural state and for development of recreational uses. Public Institution - These areas are designated for municipal uses, school uses, or other public uses. G-16 City of Tigard Comprehensive Plan r► CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 08- / AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE ADDING CHAPTER 7.58 FOR RULES OF CONDUCT ON CITY PROPERTY AND REPEALING CHAPTER 7.100 FOR EXCLUSION FROM TIGARD PUBLIC LIBRARY. WHEREAS, the City has experienced problems with people exhibiting unwanted, unpleasant and sometimes threatening behavior on City property; and WHEREAS, the uncertain behavior of these individuals presents an unnecessary security risk to citizens and employees and interferes with the operation of the government and the goal of providing service to all segments of the public who have business with City government; and WHEREAS, the City has the authority under Sections 4 and 5 of the City Charter and under ORS 221.410(1) to take action necessary for the conduct of municipal affairs; and WHEREAS, the Council finds that disruptive or threatening behavior on City property needs to be regulated in the interest of assuring smooth and safe operation of the government, and to do so is in the public interest and necessary for the peace, health and safety of the general public of this City. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECITON 1: The Tigard Municipal Chapter is amended by adding a new Chapter 7.58 Rules of Conduct on City property to read as follows: 7.58 Rules of Conduct on City Property Sections: 7.58.010 General Purposes of Chapter 7.58.020 Definitions 7.58.030 Penalty for Violation 7.58.040 Prohibited Acts Generally 7.58.050 Consistency with State Criminal Law 7.58.060 Authority of the City Manager 7.58.070 Public Works Director to make Rules and Regulations 7.58.080 Rules of Conduct on City Property 7.58.090 Enforcement and Exclusion from City Property 7.58.100 Right to Appeal 7.58.110 Variances Ordinance No. 08- Page I of 9 7.58.010 General Purposes of Chapter The general purposes of the provisions set forth in Chapter 7.58 are to prevent and prohibit conduct that threatens harm to individual or public interests, or interferes with serving the public, to preserve the enjoyment,'safety, comfort and convenience of the public, and to enhance the orderly administration and operation of City business on City property, by prohibiting conduct that unreasonably interferes with the administration and lawful use of City Property and providing fair warning of the nature of the conduct declared to constitute an offense. 7.58.020 Definitions 1. "City Property": any property including but not limited to parks, greenways, buildings, parking lots or other land or physical structures owned or managed by the City. 2. "Police Officer": a member of the Oregon State Police, municipal police officer, sheriff, and officer of the Tigard Police Department, including sworn members of the Tigard police reserves. 3. "Authorized Employee": any employee of the City of Tigard authorized and designated by the City Manager or Department Director to enforce any rules within City property, includingbuildings and parking lots. These rules shall be established by sign or notice or contained specifically within the Tigard Municipal Code. 7.58.030 Penalty for Violation Unless a different penalty is specifically provided, any violation of any provision of this Chapter shall upon conviction be punished by a fine of not more than $500, or by imprisonment of not more than 6 months, or by both. However, no greater penalty shall be imposed than allowed under Oregon law. 7.58.040 Prohibited Acts Generally 1. Any act or thing prohibited or the failing to do any act or thing commanded to be done in this Chapter, on City property, within the corporate limits of the City of Tigard and within such other areas as may be specified in this Chapter is hereby declared to be an offense against the public peace, safety, health, morals, and general welfare of the people of the City of Tigard. 2. Any act or omission made unlawful under this Chapter shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing any such act or omission. Ordinance No. 08- le Page 2 of 9 7.58.050 Consistency with State Criminal Law This Chapter shall be construed so as to render it consistent with State of Oregon criminal law, and any procedures or defenses made available in the prosecution of the same or similar offenses under State of Oregon criminal law shall apply in prosecutions under this Chapter. 7.58.060 Authority of the City Manager The City Manager shall designate a person or persons to be in charge of the various City properties for the purpose of enforcing the Rules of Conduct. In addition, police and authorized employees shall have the authority to enforce the Rules of Conduct on or about City properties, as deemed necessary by the person in charge, or when actually observed by the police officer or authorized employee. The City Manager shall also appoint the authority to hear exclusion appeals. 7.58.070 Public Works Director to Make Rules and Regulations The Director of Public Works is authorized to make such rules and regulations not in conflict with the ordinances of the City as the Director finds necessary for the better control and management of City parks, greenways and City-owned or managed buildings and parking facilities. These regulations may be posted at various City properties in abbreviated form and are in no way meant to be all inclusive of the conduct prohibited or required by this Chapter. If any person feels aggrieved by any such rule or regulation, the person may appeal to the Council for its amendment or repeal by filing with the City Recorder a petition which shall be presented to the Council at its next regular meeting. Until and unless amended or repealed by the Council, any rule or regulation made by the Director shall be in full force and effect as if it were an ordinance. 7.58.080 Rules of Conduct on City Property While on or about City property: 1. No person shall violate any Federal, State, or City of Tigard law. 2. No person shall enter or remain on any City property for purposes other than to conduct legitimate business with the City or to use that property lawfully under the rules provided by the City. 3. No person shall enter or attempt to enter any secure portion of any City government building that is not open to members of the general public, without authorization from the City Manager or a designee. Ordinance No. 08- Page 3 of 9 4. No person shall deface, damage, or destroy City property. 5. No person shall engage in conduct that degrades the appearance of City property, including but not limited to, depositing trash, spitting, urinating, or defecating upon the property. 6. No person shall engage in conduct that disrupts or interferes with the normal operations of the City government, or engage in conduct that disturbs customers or employees of the City government, including but not limited to, conduct that creates unreasonable noise, or conduct that consists of loud or boisterous physical behavior. 7. No person shall engage in conduct that subjects or may subject customers or employees of the City government to annoyance or alarm, including but not limited to, conduct that involves the use of abusive or threatening language or gestures. 8. No person shall use City property for the purpose of housing or camping, including but not limited to, placing objects such as vehicles, bicycles, backpacks, carts, or other items in a manner that interferes with free passage. 9. No person shall refuse to obey any reasonable direction of a City government employee. 10. No person shall violate any provisions posted on any City parking facility, whether that parking is generally available to the public or not. Private vehicles may not be left overnight in any City parking facility without the express consent of the person in charge of that facility. Violators are subject to cite and tow without notice where posted. 7.58.090 Enforcement and Exclusion from City Property Persons who violate any of the Rules of Conduct on any City property may be immediately ejected from the premises and excluded from City property for a period of thirty (30) to one hundred eighty (180) days. 1. In addition to other measures provided for violation of this Chapter, or any of the laws of the State of Oregon, police officers and authorized employees may exclude from City property, any person who, while on that City property violates any law regarding controlled substances, or engages in conduct that: a. Is classified as a felony, misdemeanor, or violation under the following Chapters of the Oregon Revised Statutes, or is an attempt, solicitation or conspiracy to commit any such felony or misdemeanor defined in ORS: Ordinance No. 08- Page 4 of 9 i. Chapter 162 - Offenses Against the State and Public justice; ii. Chapter 163 - Offenses Against Person(s); iii. Chapter 164 - Offenses Against Property to include Offensive Littering; iv. Chapter 165 - Offenses Involving Fraud or Deception; V. Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering; vi. Chapter 167 - Offenses Against Public Health, Decency and Animals; vii. Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors; or b. Otherwise involves a controlled substance; or c. Has resulted in injury to any person or damage to any property; or d. Constitutes a violation of any of the following provisions of the Tigard Municipal Code: i. TMC Chapter 7.20 - Offenses Against Persons; ii. TMC Chapter 7.24 - Offenses Against Property; iii. TMC Chapter 7.28 - Obstructing Law Enforcement; iv. TMC Chapter 7.32 - Offenses Against Public Order; V. TMC Chapter 7.36 - Minors; vi. TMC Chapter 7.38 - Truancy; vii. TMC Chapter 7.40 - Nuisances; viii. TMC Chapter 7.52 - Public Property Use; ix. TMC Chapter 7.56 - Indecent Conduct; X. TMC Chapter 7.70 - Second Hand Dealers and Transient Merchants; xi. TMC Chapter 7.80 - Camping Prohibited in Certain Places; e. Nothing in the City of Tigard Municipal Code shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or any other rights protected by the state or federal constitutions. However, a person engaged in such protected activity who commits acts that are not protected, but which violate applicable provisions or law, may be subject to exclusion. 2. An exclusion issued under this Chapter shall be for thirty (30) days. If the person to be excluded has been excluded from City property at any time within one year before the date of the present exclusion, the exclusion shall be for ninety (90) days. If the person to be excluded has previously been excluded from City property on two or more occasions within one year before the date on the present exclusion, the exclusion shall be for one hundred eighty (180) days. Ordinance No. 08- Page 5 of 9 3. If the person's behavior does not rise to the level of behavior described in section 1 (a)-(d) above, but is causing either a significant and immediate threat to public health and safety, or a serious disturbance that is preventing other people from enjoying the City property, the person may be excluded from that City property for a period of twenty four (24) hours only. If a person receives two twenty four (24) hour exclusions under this section and then commits additional violations, any further exclusion the person receives under this section may be for a period of at least thirty (30) days. 4. No person shall enter or remain in any City property at any time during which there is in. effect a notice of exclusion issued under this Chapter excluding that person from all City properties. A person who knowingly violates an order of exclusion from City property commits the crime of Criminal Trespass in the second degree (ORS 164.245). 5. Before issuing an exclusion under this Chapter, a police officer or authorized employee shall first give the person a warning and reasonable opportunity to desist from the violation. An exclusion shall not be issued if the person promptly complies with the, warning and desists from the violation. Notwithstanding the provisions of this subsection, no warning shall be required if the person is to be excluded for committing any act: a. punishable as a misdemeanor or felony, b. involving controlled substances, c. which resulted in an injury to any person, d. which resulted in damage to any property, or e. City of Tigard Chapter violation 6. Written notice shall be given to any person excluded from any City property under this Chapter. The notice shall specify the date, length and place of the exclusion; shall identify the provision of law the person has violated and contain a brief description of the offending conduct. It shall be signed by the issuing police officer or authorized employee. Warnings of consequences for failure to comply shall be prominently displayed on the notice. All relevant information on the hearings and appeal process shall be included with the notice. 7.58.100 Right to Appeal 1. A person receiving notice of exclusion from City property may request a hearing before the City of Tigard Municipal Court judge, or a Hearings Officer appointed by the City Manager to have the exclusion rescinded or the period shortened. Written notice of the appeal must be filed with the City Manager within ten (10) business days of receipt of the exclusion notice. When the City Manager receives a notice of appeal, the City Manager or designee shall Ordinance No. 08- jar Page 6 of 9 promptly notify the Tigard Police Records Section of the notice to appeal. Failure to file written notice of appeal within ten (10) business days will be deemed a waiver of further action. a. If an appeal of the exclusion is timely filed, the effectiveness of the exclusion shall be stayed, pending the outcome of the appeal. If the exclusion is affirmed, the remaining period of exclusion shall be effective immediately upon the issuance of the municipal court judge or hearings officer's decision, unless the municipal court judge or hearings officer specifies a later effective date. b. If a person is issued a subsequent exclusion while a previous exclusion is stayed pending appeal, or pending judicial review should a court stay the exclusion, the stayed exclusion shall be counted in determining the appropriate length of the subsequent exclusion. If the predicate exclusion is set aside, the term of the subsequent exclusion shall be reduced, as if the predicated exclusion had not been issued. If multiple exclusions issued to a single person for City property are simultaneously stayed pending appeal, the effective periods of those which are affirmed shall run consecutively. 2. Hearing procedures. a. When a timely request for a hearing is made, a hearing shall be held before the City of Tigard Municipal Court Judge, or Hearings Officer appointed by the City Manager. b. The hearing shall be set and conducted within five (5) business days of receipt of the request, excluding holidays, Saturdays and Sundays. The hearing may be scheduled for a later date if the person excluded so requests, but in any case, no later than five (5) additional business days from the original request. C, At the hearing, the person excluded may contest the validity of the exclusion and may present evidence. d. At the hearing on an appeal the City shall have the burden of proving by a preponderance of the evidence the validity of the exclusion. The City may present evidence either by testimony or written report of the officer. If the City's evidence is presented only by written report and the municipal court judge or hearings officer cannot resolve a question by information contained in the officer's report, the hearing may be held open for a reasonable time to complete the record. Ordinance No. 08-K Page 7 of 9 e. If the municipal court judge or hearings officer finds by a preponderance of the evidence that each element necessary to issue the exclusion notice has been proven, and if the exclusion is otherwise in accordance with law, the municipal court judge or hearings officer shall uphold the exclusion. f. If the municipal court judge or hearings officer finds that the City has not met its burden of proof, or that the exclusion is otherwise unlawful, then the municipal court judge or hearings officer shall enter an order rescinding the exclusion. If the municipal court judge or hearings officer finds that the City has met its burden of proof, but that the length of the exclusion is unreasonable under the circumstances, the municipal court judge or hearings officer may issue an order shortening the length of the exclusion. g. The decision of the municipal court judge or hearings officer is final. 7.58.110 Variances 1. At any time within the period of exclusion, a person receiving a notice of exclusion may apply in writing to the City Manager or designee for a waiver of some or all of the effects of the exclusion. The application must show good cause for waiver requested. If the City Manager or designee grants a waiver, the City Manager or designee shall promptly notify the Tigard Police Department Records Section of such action. In exercising digression under this subsection, the City Manager or designee shall consider the seriousness of the violation for which the person has been excluded, the particular need of the person to be on City property during some or all of the period of exclusion, such as for work or to attend or participate in a particular event (without regard to the content of any speech associated with that event), and any other criterion the City Manager or designee determines to be relevant to the determination of whether or not to grant a waiver. Notwithstanding the granting of a waiver, the exclusion will be included for purposes of calculating the appropriate length of exclusions. The decision of the City Manager or designee to grant or deny, in whole or in part, a waiver is committed to the sole discretion of the City Manager or designee, and is not subject to appeal or review SECTION 2: Tigard Municipal Code Chapter 7.100 is hereby repealed. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. Ordinance No. 08- f g Page 8 of 9 PASSED: By un ar ~oks vote of all Council members present after being read by number and Chapter only, thi,--Q -day of.0-- 7 ~ , 2008. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this -20 day of ~ , 2008. Craig ksen, Mayor Approved as to form: City Attorney Z Date Ordinance No. 08- X Page 9 of 9 CO&WILiNITY SPAPERS _ 6605 SE Lake Road, Portland, OR 97222 • PO Box 370 • Beaverton, OR 97075 Phone: 503-684-0360 Fax: 503-620-3433 Email: legals@commnewspapers.com t~ AFFIDAVIT OF PUBLICATION State of Oregon, County of Washington, SS , PUBLIC HEARING ITEM: • I, Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting The following will be considered by the Tigard City Council on Manager of The Times (serving Tigard, Tuesday October 28, 2008 at 7:30 PM at the Tigard Civic Center Tualatin & Sherwood), a newspaper of - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Public oral or written testimony is invited. The public hearing general circulation, published at Beaverton, on this matter will be held under Title 18 and rules of in the aforesaid county and state, as defined procedure adopted by the Council and available at City Hall by ORS 193.010 and 193.020, that or the rules of procedure set forth in Section 18.390.060.E. City of Tigard Further information may be obtained from the City of Tigard Planning (ZCA) 2008-00009 Division (Staff contact: Darren Wyss) at 13125 SW Hall Blvd., TT 11212 Tigard, Oregon 97223 or by calling 503-639-4171. A copy of which is hereto annexed, was COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00009 published in the entire issue of said - TIGARD COMPREHENSIVE PLAN AMENDMENT TO newspaper for UPDATE THE -INTRODUCTION TO REFLECT CURRENT CONDITIONS AND INCLUDE A GLOSSARY OF KEY 2 DEFINITIONS - Successive and consecutive weeks in the REQUEST: To amend the current Comprehensive Plan following issues Introduction and add a Glossary of key definitions. The _ October 9, 2008 complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code- amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: r'Ka'a0l4c Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Charlotte Allsop (Accounting Manager) Land Use Planning; Natural Resources and -Historic Areas, Subscribed and sworn to before me this Environmental Quality, Hazards, Parks, Recreation, Trails, October 9, 2008 and Open Space, Economic Development, Housing, Public Facilities and Services; Transportation, Energy Conservation, and Urbanization;`and Statewide Planning Goals 1, 2, 5, 6, 7, 8, 9,'10, 11, 12, 13, and 14. NOTARY PUBLIC F Publish: 10!0912008 CNI#: TT 1212 OR O O My commission expires Acct #10093001 Attn: Doreen Laughlin City of Tigard OFFICIALSEAL 13125 SW Hall Blvd A. BURGESS • PUBLIC-OREGON Tigard, OR 97223 co NO. 390701 MY COMMISSION EXPIRES MAY 16, 2009 Size: 2 x 5.75 Amount Due 96.02 'remit to address above v - PUBLIC HEARING'ITEM: The following will be considered by the Tigard Ci!y Council on iTY Tuesday October 28, 2008 at 7:30 PM at the Tigard Civic Center cO~j,(N - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon ~,`~~J • ` 97223. sr-AMEW.. Public oral or written testimony is invited. The public hearing 6605 SE Lake Road, Portland, OR 97222 • PO on this matter will be held under Title 18 and rules of procedure Box 370 • Beaverton, OR 97075 adopted by the Council and available at City Hall or the rules of Phone: 503-684-0360 Fax: 503-620-3433 procedure set forth in Section 18.390.060E. Email: legals@commnewspapers.com Further information may be obtained from the Planning Division (Staff contact: Gary Pagenstecher) at 13125 SW Hall Blvd., AFFIDAVIT OF PUBLICATION Tigard, Oregon 97223, or by calling at 503.639.4171. State of Oregon, County of Washington, SS ZONE CH HANGS ANNEXATION (ZCA) 2008-00003 - CA ANNEXATION - the first duly sworn, REQUEST: The applicant's requests approval to annex two (2) I, Charlotte Allsop, being parcels totaling 1.43 acres to the City of Tigard. The proposed depose and say that I am the Accounting annexation does not include any development plans. The subject Manager of The Times (serving Tigard, property is an island of unincorporated land surrounded by the Tualatin & Sherwood), a newspaper of City of Tigard, with land owned by the City on the west and south Published at Beaverton, and private land on the north and east. LOCATION: 15170 SW general circulation, Sunrise Lane; Washington County Tax Map 2SI05DC, Tax Lots. in the aforesaid county and state, as defined 00101 and 00300. COUNTY ZONE: R-6 District (Residential 6 by ORS 193.010 and 193.020, that units erAcre). The purpose of the Washington County R-6 District City of Tigard is to implement the policies of the Comprehensive Plan for areas (ZCA) 2008-00003 designated for residential development at no more than six (6) units TT11213 per acre and no less than five (5) units per acre, except as specified A Copy of which is hereto annexed, was by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than published in the entire issue of said is allowed in the R-5 District. EQUIVALENT CITY ZONE: R- newspaper for 7• Medium-Density Residential District. The City of Tigard R-7 2 zoning district is designed to accommodate attached single-family. Successive and consecutive weeks in the homes, detached single-family homes with or without accessory following issues residential units, at a minimum lot size of 5,000 square feet, and duplexes. at a minimum lot size of 10,000 square feet. Mobile home October 9, 2008 parks and subdivisions are also permitted outright. Some civic and October 16, 2008 institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community D=velopment Code Chapters 18.320 C41 ` and 18.390, City of Tigard Comprehensive Plan (updated version) Accounting Manager Goal I and Goal 11 (Polid 4 and Policy 6), and City of Tigard Charlotte Allsop ( Comprehensive Plan (nn-updated version) Policy 10.1; Metro Subscribed and sworn to before me this Code Chapter 3.09; ao,,.ORS Chapter 222. October 16, 2008 Alldocuments and aphcable criteria in the above-noted file are- - available for insWion at no cost or copies can be obtained for twenty-five centst25¢) Per page, or the current rate charged for copies at the ti.ie of the request. At least fifteen (15) days prior to the heal,g, a copy of the staff report will be available for NOTAR PUBLIC FOR OREGON inspectiat no cost, or a copy can be obtained for twenty-five My commission expires---y-C/ cents (ZS¢) Per page, or the current rate charged for copies at the time of the request. Information is also available by contacting Acct #1()093001 the staflcontact listed above. Attn: Doreen Laughlin City of Tigard N( f ~ 13125 SW Hall Blvd 0 C Tigard, OR 97223 MY COMMISSIC „ S. '~,>r, G1f11.1.NF- {ryUN Size: 2_(" Amount Due 3~ 84.10 ccrro ica L 'remit to address above 1t-- 1Br:r.NU: a _ ~JBIkCC rtiun Tr jt ublish: 10/09 10/1619nnQ City of Tigard t Tigard Business Meeting - Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB MEETING DATE: October 28, 2008 MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (IDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (MD - Telecommunications Devices for the Deaf). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:45 a.m. Friday 10:00 p.m Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY_ COUNCIL/LCRB- October 28, 2008 City of Tigard _ 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 ' www.tigard-or.gov Page 1 of 8 W✓~4 City of Tigard Tigard Business Meeting - Agenda UQC,Aks' 5 - TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: October 28,.2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION ■ Discuss Instituting a Citizens' Transportation Advisory Committee - Community Development Department ■ Discuss Approach to Revising Intergovernmental Water Board M) Member Agreement - Public Works Department • EXECUTIVE SESSION - The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) real property transactions negotiations and (h) for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose anyinformation discussed. No Executive Session may be held for the purpose of taldng any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Chamber of Commerce Representative: Chris Zoucha - Tigard Area Chamber of Commerce CEO • Citizen Communication - Sign Up Sheet • Follow-up to Previous Citizen Communication TIGARD CITY COUNCIL/LCRB- October 28, 2008 _ City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov~Page 2 of 8 7:40 PM 3. CONSENT AGENDA: (Tignd City C mcd and Local Coaract ReuewBaa4 These items are corEw ud to be rttow and may he enacted in ore pawn zeidAw separate diswsion Anyw may m7tot that an item be mmzai by muion for diso.5sion and separate action Marion to 3.1 Approve City Council Minutes for August 26 and September 23, 2008 3.2 Appoint Members for Urban Forestry Master Plan Citizen Advisory Committee - RES NO. 08-64 A RESOLUTION APPOINTING MEMBERS TO THE URBAN FORESTRY MASTER PLAN CITIZEN ADVISORY COMMITTEE 3.3 Approve Budget Amendment #09-06 to the FY 2008-09 Budget Granting $1,000 to the Tigard Chamber of Commerce for the Downtown Tree Lighting Celebration - RES NO. 08-65 A RESOLUTION APPROVING BUDGET AMENDMENT #09-06 TO TIDE FY 2008-09 BUDGET GRANTING $1,000 TO THE TIGARD CHAMBER OF COMMERCE FOR THE DOWNTOWN TREE LIGHTING CELEBRATION 3.4 Implement an Information Security Program for the City of Tigard to Comply with Senate Bill 538, the Oregon Identity Theft Protection Act (OITPA), Fair and Accurate Credit Transactions (FACT) Act of 2003, and Federal Trade Commission Rules - RES NO.08-66 A RESOLUTION IMPLEMENTING AN INFORMATION SECURITY PROGRAM FOR THE CITY OF TIGARD TO COMPLY WITH SENATE BILL 538, THE OREGON IDENTITY THEFT PROTECTION ACT (OITPA) AND THE FAIR AND AOCURATE CREDIT TRANSACTIONS (FACT) ACT OF 2003, AND FEDERAL TRADE COMMISSION RULES 3.5 Local Contract Review Board (LCRB) 3.5.a - Award Contract for Construction of Senior Center Garden Room 3.5.b - Award Contract for Construction Documents and Permitting Services for Lower Fanno Creek Park 3.5.c - Removed for separate consideration; see below. 3.5.d - Amend Contract for Recruitment Services to Include Accounting Supervisor Position • Consent Ag2Vg - Items Rwvwd for SVrate Disaissi. These items are consider to be mitur arri mg be awai in ors mxion zxithaut separate duaission A mvm mry raluest d-a an item be renvzed by rrmm for dzsmssion arzl separate actm Removed for separate consideration from the Consent Agenda: 3.5.c - Award Contract for Design Services on the Greenburg Road/Highway 99W/Main Street Intersection Project-Phase 2 • Staff Introduction: City Engineer Duenas; also present for information and to answer questions will be Oregon Department of Transportation (ODOT) District 2A Assistant Manager Sam Hunaidi and W&HPacific representative Wayne Bauer • Council Discussion • Council Consideration T_IG_ARD CITYCOUNCIL/LCRB- October 28, 2008 City of Tigard 13125VSW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 8 7:45 PM 4. QUASI-JUDICIAL PUBLIC HEARING - ZCA 2008-00003/CACH ANNEXATION REQUEST: The applicant's requests approval to annex two (2) parcels totaling 1.43 acres to the City of Tigard. The proposed annexation does not include any development plans. The subject property is an island of unincorporated land surrounded by the City of Tigard, with land owned by the City on the west and south and private land on the north and east. LOCATION: 15170 SW Sunrise Lane; Washington County Tax Map 2S105DC, Tax Lots 00101 and 00300. COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R 5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, City of Tigard Comprehensive Plan (updated version) Goal 1 and Goal 11 (Policy 4 and Policy 6), and City of Tigard Comprehensive Plan (non-updated version) Policy 10.1; Metro Code Chapter 3.09; and ORS Chapter a. Open Public Hearing - Mayor b. Declarations or Challenges - .Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Have all members familiarized themselves with the application? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? C. Staff Report: Community Development Department d. Public Testimony - Proponents - Applicant - Other Proponents - Opponents - Rebuttal/Final argument by applicant e. Staff Recommendation f. Close Public Hearing g. Council Discussion and Consideration: Ordinance No. 08-16 Council Member: I move for adoption of Ordinance No. 08-16 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: ORDINANCE NO. 08-16 - AN ORDINANCE ANNEXING 1.43 ACRES OF LAND, INCLUDING TWO TIGA_RD_CITY _COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 4 of 8 (2) PARCELS, APPROVING THE CACH ANNEXATION (ZCA 2008-00003) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? City Recorder: Conducts a roll-call to record votes of City Council members. Mayor: Ordinance No. 08-16 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Noto Tie wta = failure to pass. 8:00 PM 5. INFORMATIONAL PUBLIC HEARING - FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38 (FAIRHAVEN STREET) a. Open Public Hearing b. Declarations or Challenges - Have all members familiarized themselves with the proposed reimbursement district? - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? C. Staff Report: Engineering Staff d. Public Testimony e. Staff Recommendation f. Council Discussion g. Close Public Hearing h. Council Consideration: Resolution No. 08-67 Council Member: I move for adoption of Resolution No. 08-67 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the resolution? City Recorder: RESOLUTION NO. 08-67 - A RESOLUTION FINALIZING SEWER REIMBURSEMENT DISTRICT NO.38 (SW FAIRHAVEN STREET) AND AMENDING THE PRELIMINARY CITY ENGINEER'S REPORT TIGARD CITY COUNCIL/LCRB- October 28, 2008 _ City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 ry www.tigard-or.gov Page S of 8 CONTAINED IN RESOLUTION NO. 08-05 Mayor: Is there any discussion? Mayor (after discussion) All those in favor of adopting Resolution No. 08-67, please say aye. Mayor/ Councilors Mayor: All those opposed to adopting Resolution No. 08-67 please say "nay." Mayor/Councilors Mayor: Resolution No. 08-67 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Noto Tie wtes = failure to pass. 8:15 PM 6. LEGISLATIVE PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009 - UPDATE THE COMPREHENSIVE PLAN INTRODUCTION AND ADD A GLOSSARY OF KEY DEFINITIONS a. Open Public Hearing b. Rules of Procedure: City Attorney C. Declarations or Challenges - Does any Council member wish to declare or discuss a conflict of interest or abstention? d. Staff Report: Community Development Department e. Public Testimony Proponents Opponents f. Staff Recommendation g. Council Questions h. Close Public Hearing i. Council Consideration: Ordinance No. 08-17 Council Member: I move for adoption of Ordinance No. 08-17 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: ORDINANCE NO. 08-17 - AN ORDINANCE TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223#1 503-639-4171 www.tigard-or.gov Page 6 of 8 ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009 TO UPDATE THE COMPREHENSIVE PLAN INTRODUCTION AND ADD A GLOSSARY OF KEY DEFINITIONS Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? City Recorder: Conducts a roll-call to record votes of City Council members. Mayor: Ordinance No. 08-17 (is adopted or has failed) by a (unanimous, or however votes were split) vote of the Council members present. Noto Tie rotes = failure to pass. 8:45 PM 7. APPROVE A TRESPASS AND EXCLUSION ORDINANCE TO ESTABLISH GENERAL RULES OF CONDUCT ON CITY PROPERTY a. Staff Report: Police Department b. Council Discussion C. Council Consideration: Ordinance No. 08-18 Council Member: I move for adoption of Ordinance No. 08-18 Council Member: I second the motion Mayor: Will the City Recorder please read the number and title of the ordinance? City Recorder: ORDINANCE NO. 08-18 - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE ADDING CHAPTER 7.58 FOR RULES OF CONDUCT ON CITY PROPERTY AND REPEALING CHAPTER 7.100 FOR EXCLUSION FROM THE TIGARD PUBLIC LIBRARY Mayor: Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council? City Recorder: Conducts a roll-call to record votes of City Council members. Mayor: Ordinance No. 08-18 (is adopted or has failed) by a unanimous, or however votes were split) vote of the Council _ TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 7 of 8 members present. Note Tie totes = failure to pass. 8:55 PM 8. THIRD QUARTER GOAL UPDATE a. Staff Report: Administration Department 9:10 PM 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION. The Tigard City Council may go into Executive Session under ORS 192.660(2) All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:15 PM 12. ADJOURNMENT I:\ADM\Cathy\CCA\2008\081028 business.doc TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 8 of 8 City of Tigard Study Session - Agenda TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: October 28, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM o STUDY SESSION ■ Discuss Instituting a Citizens' Transportation Advisory Committee - Community Development Department ■ Discuss Approach to Revising Intergovernmental Water Board (IWB) Member Agreement - Public Works Department ■ Discuss 3.5 b.: Award Contract for Construction Documents and Permitting Services for Lower Fanno Creek Park Administrative Items: ■ Update on business meeting agenda for tonight: ✓ Citizen Communication: Tigard Area Chamber of Commerce Chris Zoucha will be present to update the City Council on Chamber activities. (Note: Main Street Trick or Treat will be on Friday, October 31, 3:30 - 5 p.m.) ✓ Attached is a marked-up version of the proposed resolution regarding the Information Security Program for the City of Tigard. City Attorney staff advised that the deadline for an information security program was moved from November 1, 2008, to May 1, 2009; therefore, the November 1, 2008, date was removed from the last W/how clause in the resolution. Staff would like to proceed with this initial policy. Attorney Ramis agreed we did not need to delay the proposed program since we can amend the resolution later if needed. ✓ Item 3.5 c. will be removed from the Consent Agenda for separate consideration (Aunni Gavact for Design Sazias on the Cr~ Road/Higbuuy 99W/Main Stmt Intmeain Project - Phase 2) ✓ Does City Council want to conduct the Fifth Tuesday meeting on December 30? ✓ Reminder: November 11 and December 23 City Council meetings are cancelled. ➢ EXECUTIVE SESSION- The Tigard City Council will go into Executive Session under ORS 192.660(2) (e) real property transactions negotiations and (h) for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session maybe held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. Council Calendar. November i l', Tuesday Council Business Meeting - Cancelled 18" Tuesday Council Workshop Meeting - 6:30 pm, Town Hall 25" Tuesday Council Business Meeting - 6:30 pm, Town Hall TIGARD CITY COUNCIL STUDY SESSION AGENDA - October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171- www.tigard-or.gov Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is dasedto certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(2) (e) - Real property transaction negotiations. 192.660 (2) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (2) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (2) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. 1AADM\Cathy\CCA SS . Pink Sheet\2008\080909.doc TIGARD CITY COUNCIL STUDY SESSION AGENDA - October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Agenda Item No. 1 Meeting of 110, (7s City of Tigard ry 1 Tigand Business Meeting Minutes -1 T- TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: October 28, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 Mayor Dirksen called the meeting to order at 6:30 p.m. Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Council President Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Staff Present: City Manager Prosser, Assistant City Manager Newton, Community Development Director Coffee, Public Works Director Koellermeier, Assistant Community Development Director Bunch, City Attorney Ramis, Project Planner Roberts, City Attorney Ramis, City Recorder Wheatley • STUDY SESSION Track 1 ■ Discuss Instituting a Citizens Transportation Advisory Committee - Community Development Department Assistant Community Development Director Bunch advised that Mayor Dirksen asked staff to present information about instituting a Citizens Transportation Advisory Committee. Interest in this type of Committee arose from issues affecting Tigard and the entire region. There has been a lot of effort relating to transportation in the City of Tigard; i.e., empowering several ad hoc committees along with dealing with transportation issues administratively. These ad hoc committees are formed on a regular basis, which led to the question, "Would a standing committee provide a dependable go-to source for advice and citizen engagement?" However, a concern was expressed that this new advisory body might result in added expense and tap resources. Alternatively, there might not be enough activity to keep this Committee busy. r Staff reviewed five other Portland-area jurisdictions that use this type of advisory board or committee. A summary of the findings is contained in the staff report. The jurisdictions reviewed were Beaverton, Lake Oswego, Hillsboro, Oregon City, and Gresham. Assistant Community Development Director Bunch said the fundamental question before the City is: Is it necessary to involve citizens on the issues surrounding transportation? Many of the items on the agendas for these comrittees in other jurisdictions come to staff administratively and then often the item is presented to the City Council for a TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of 22 decision. Is it important to receive citizen recommendations on some of these transportation matters prior to the Council deliberation? Assistant Community Development Director Bunch said from staff's perspective, there is another issue: Do we want to keep forming ad hoc transportation groups one after another and each time letting expertise go? Each new committee means going through a process to form the committee. In the near future, there will be many transportation issues coming before the City Council: o Tigard 99W Improvement and Management Plan o High Capacity Transit/Light Rail o Metro Transportation Improvement Plan o Transportation System Plan o Implementation of the Neighborhood Pathways Plan Council might also decide for this group to take up other matters; for example, bicycle and pedestrian safety or the downtown circulation plan. Assistant Community Development Director Bunch advised staff has not made a recommendation. He asked for the City Council to provide staff with direction on this matter. Councilor Buehner commented she had brought this issue to the forefront based upon the fact that she did not like the process of forming and disbanding the Transportation Financing Task Force. More than half of the people who served on the Committee signed up to serve again. Councilor Buehner confirmed for Council President Sherwood that the scope of work for this committee would change. Councilor Wilson said he felt the Transportation Financing Task Force's scope was too limited; however, he has mixed feelings about a permanent committee. The Planning Commission is tasked with many of the transportation issues and it is good to have one group overseeing land use and transportation because these should be reviewed together. In addition, a committee in some ways distances the City Council from these matters and transportation is so important he does not want to be distanced from it. Councilor Buehner pointed out there has always been one City Councilor serving as a voting member on the Task Force so there was immediate contact with the City Council. Councilor Woodruff said one of the goals of a permanent committee is to have the involvement of citizens so more people have opportunities to develop their interests and skills and possibly move into a City Council role. He said he did not see any downside to forming this as a permanent committee. Council President Sherwood commented that transportation is a "hot button" for many and it will be imperative that the community is involved because solutions are not going to be easy- resolution will mean receiving a lot of input, funding, and creativity. "The more people we get involved, the better." Councilor Woodruff said he did not think this committee would take the City Council "out of the loop" as the Council will be involved whenever there are decisions to be made and major issues to review. Mayor Dirksen noted he shared some concerns similar to Councilor Wilson's. He was concerned that citizens might view this as creating a buffer between them and the City Council. He asked what level of responsibility should be given to this group. Should it be an advisory board or a commission, working at a level comparable to the Planning Commission? He added this might be a way to take some of the TIGARD CITY COUNCIL/LCRB- October 28, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 22 burden off the Planning Commission by allowing them to focus specifically on land use planning. The two groups would need to work closely on certain issues. The Mayor said many of the assignments identified are one-time projects; i.e., the TSP update and the downtown circulation plan. There are other items that would be recurring; i.e., the Capital Improvement Program. Mayor Dirksen also pointed out that if it is determined later that this group is no longer needed, it could be disbanded. Planning Commissioner Vermilyea noted the Planning Commission would like, at least initially, the Transportation System Plan update to feed into the Comprehensive Plan process. He agreed that, if formed, this new group should work closely with the Planning Commission. Planning Commissioner Vermilyea recalled that about a year ago the Planning Commission came to the City Council to be relieved from some of the burdens of serving on other committees, particularly during the Comprehensive Plan update. Now, that the Comprehensive Plan update is nearly completed, the Planning Commission might be more receptive to serve on other groups such as this one. Mayor Dirksen said it appears that the majority of City Council is saying to move forward with establishing this transportation group. There remain questions with regard to the level of the group's function. Several opportunities exist; for example, this committee might report to the Planning Commission rather than the City Council. His vision is that the group would be at the same level as the Planning Commission, but this is open for further discussion and suggested that the City Council members give this some thought and invited future input from City staff as well with additional research. Assistant Community Development Director Bunch summarized the City Council direction from this evening. Staff will put together examples of roles, responsibilities, representative membership, organizations, and address the question of the relationship between the Transportation Commission and the Planning Commission. In addition, identify the ongoing responsibilities the Commission would have. City Manager Prosser commented that a clear "charge" needs to be articulated and staff can bring ideas for City Council consideration. Track 2 ■ Discuss Approach to Revising Intergovernmental Water Board (IWB) Member Agreement - Public Works Department Councilor Buehner advised there have been discussions for years about cleaning up the ambiguities in the IWB Intergovernmental Agreements. There is a separate agreement with each member of the IWB: Durham, King City, and Tigard Water District and they are not all the same; it has been suggested that there only be one agreement. The agreements will sunset in the year 2018 and there is fear about what might happen after that date. Determination of how exits can occur is necessary; the current agreements' language is ambiguous and difficult to interpret. Another issue is that Tigard currently provides water to an area within the Tualatin Valley Water District. Councilor Buehner advised a formal request should be initiated to transfer this portion to Tigard. This area is within the Tigard city limits. She suggested looking at establishing a logical boundary. Mayor Dirksen said he had an informal meeting with Tigard Water District Commissioner Henschel. Commissioner Henschel expressed concern about the sunset date in the existing agreement and what might occur if members did not choose to renew the agreement. Mayor Dirksen agreed that this should be evaluated well before the date of the sunset and to look at language, which would perpetuate the agreement. TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 22 While we are reviewing the sunset date, it would be a good time to make other changes. Mayor Dirksen said he would like to see a single agreement with.language dealing with Comprehensive Plan principles or, perhaps a decision made to deal with some matters in a different way. For example, make sure that the roles of the members are clearly defined in the new agreement. Councilor Buehner said part of the issue regarding service provision, is that the language phrases this in terms of a veto; that is, Tigard has veto power over certain decisions. The suggestion was that we change this from a veto to a process - make it more proactive. Mayor Dirksen said the agreement provides that if major policy changes are to be made, there must be consensus among all of the members. The language is subjective. Councilor Buehner noted there are issues with expansion of boundaries. Tigard has veto power if one of the other IWB members wants to expand. This is negative, reactive phraseology and could be rewritten in a proactive manner. In response to a question from Councilor Woodruff, Councilor Buehner advised that all the Intergovernmental Water Board members want amendments to the IWB Intergovernmental Agreements. Councilor Wilson noted that Areas 63 and 64 are an issue; development of these areas will depend on water. He said he was amenable to cleaning up some of the language. He cautioned that before major revisions are made, clarity is needed on what will happen with those areas. City Manager Prosser noted a discussion on the urbanization forum is scheduled for a November City Council meeting. Councilor Wilson said he is particularly concerned because we are obligated for $70 million in new improvements and the cost of water will increase we need to make sure our citizens' interests are addressed. Councilor Buehner noted many things have been brought up with regard to the agreement and some of these would be considered controversial by more than one of our partners. At this time, she said she is looking at those things that will make this work more efficiently. Councilor Wilson said he was in favor of clarifying but not in favor of making major changes. Mayor Dirksen and Councilor Buehner advised major policy changes are not proposed; rather, the proposal is to address the sunset language and to clarify areas of ambiguity. Public Works Director Koellermeier said to keep in mind that this is a four-party agreement. It took two years to develop a two-party agreement with Lake Oswego. Councilor Buehner said that everyone has come to the table asking for changes. Councilor Woodruff asked about the boundaries issue; Councilor Buehner said this has not been discussed. Mayor Dirksen said he would not want to make this a priority project now since there are so many other things being addressed. This is something we should do in the near future and well before the sunset date. Councilor Buehner said this has already been postponed for discussion with the Intergovernmental Water Board because she had not had an opportunity to discuss this with the rest of the City Council. This is on the agenda for the next workshop and she feels obligated to participate. Mayor Dirksen said he has heard agreement to move forward. Councilor Woodruff said, in the short-terns, if all four partners agree to clarify language then that is definitely supported by the City Council. Long-range issues will need to be dealt with at some point. City Council consensus was to move ahead with clarification language. TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of 22 Track 3 ■ Discuss 3.5 b.: Award Contract for Construction Documents and Permitting Services for Lower Fanno Creek Park Senior Planner Nachbar advised this item was removed from the October 14 City Council agenda. This item deals with the Walker Macy contract to produce construction documents and obtain permits for Lower Fanno Creek Park The reason it was removed from the October 14 agenda was because there was a question regarding funding eligibility. Some parks projects were reprioritized and funding has been established for the project. When this was last discussed by the City Council, a concern was raised about getting this in front of the public so they are aware of new construction. An article was written for the December Citycape. Senior Planner Nachbar said now that the funding has been identified, he would coordinate with the Parks Board. In response to a question from Councilor Woodruff, Senior Planner Nachbar confirmed there were two other bids. One bid was disqualified and the other bidder was interviewed. He reviewed the background of the bidders. Walker Macy's bid was considerably lower than the others. Senior Planner Nachbar advised the contract award is for $260,000. The actual contract will be about $230,000 plus an amount for contingency. The product will be detailed construction drawings for about 25 acres that will eventually connect with the public plaza and Main Street. There will be four new bridges. Some bridges will be removed, several large boardwalks will be built, the trail will be realigned and constructed, and the park will be restored. The construction drawings for the stream meander will be done by Clean Water Services. This project will form a piece of the infrastructure to support the downtown along with the Burnham Street and Main Street projects. This sets up the environment for investment in the downtown. The project will be done in phases. Administrative Items: ✓ Update on business meeting agenda for tonight: • Citizen Communication: Tigard Area Chamber of Commerce Chief Executive Officer Claris Zoucha will be present to update the City Council on Chamber activities. ■ Council received a marked-up version of the proposed resolution regarding the Information Security Program for the City of Tigard. City Attorney staff advised that the deadline for an information security program was moved from November 1, 2008, to May 1, 2009; therefore, the November 1, 2008, date was removed from the last Nemas clause in the resolution. Staff would like to proceed with this initial policy. Attorney Ramis agreed we did not need to delay the proposed program since we can amend the resolution later if needed. ■ Item 3.5 c. will be removed from the Consent Agenda for separate consideration (Aunni Cornract for Design Seruces on the Gmmhog Road/Higkeay 99W/Main St?t Irrenea on P74e<t - Phase 2) ➢ City Council decided to cancel the Fifth Tuesday meeting scheduled for December 30. ➢ The November 11 and December 23 City Council meetings are cancelled. ➢ Mayor Dirksen advised the City was invited to take part in the Mayor's Action Challenge for Children and Families. To participate we would confirm that we would try to take action in the coming year in four areas. Mayor Dirksen said that he is supportive of this group's goals; however, given Oregon cities' role with social services, he was not sure the City of Tigard could promise to meet goals in the following areas: ✓ Opportunities to learn and grow; TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard T 13125~SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page S of 22 ✓ A safe neighborhood to call home; ✓ A healthy lifestyle and environment; and ✓ A financially fit family in which to thrive. Mayor Dirksen, said with the City Council's concurrence, he would respond that, reluctantly, he would not be participating. No Council member objected to the Mayor declining this invitation. o Mayor Dirksen said the City of Tigard has been invited to take part in the United Nations' Declaration of Human Rights. The 60`h Anniversary is December 10, 2008. With concurrence of the Council, the Mayer will issue a proclamation and receive a presentation at a City Council meeting from the Washington County Human Rights Commission. No Council member objected to participating as the Mayor described. • EXECUTIVE SESSION -The Tigard City Council went into Executive Session at 7:06 p.m. under ORS 192.660(2) (e) real property transactions negotiations and (h) for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. Executive Session recessed at 7:28 p.m. due to time constraints. Council resumed its Executive Session discussion at 9:35 p.m. 1. BUSINESS MEETING 1.1 Mayor Dirksen called the City Council and Local Contract Review Board to order at 7:34:17 PM 1.2 Roll Call: Name Present Absent Mayor Dirksen ✓ Councilor Buehner ✓ Council President Sherwood ✓ Councilor Wilson ✓ Councilor Woodruff ✓ 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports Mayor Dirksen advised that at the end of the meeting Council would receive a 3'd Quarter Goal Update. During the summary of transportation issues, he will bring up issues that arose during the joint MPAGJPACT meeting he attended. 1.5 Call to Council and Staff for Non-Agenda Items City Manager Prosser advised there were no non-agenda items. He announced there would be an Executive Session after the conclusion of the business meeting. 7:35:23 PM 2. CITIZEN COMMUNICATION • Chamber of Commerce Representative: Chris Zoucha - Tigard Area Chamber of Commerce CEO thanked the City Council for its support. Several City Council members were able to participate in the annual golf tournament, which was a great success. A new Chamber of Commence office manager was TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 5503-639-4171 www.tigard-or.gov Page 6 of 22 hired, Stephanie Woosley. Mr. Zoucha reviewed some of the upcoming Chamber of Commerce events: Halloween Trick or Treat on Main Street; PGE Power Breakfast on November 21, 7:30 a.m.; the Tree Lighting on December 6, 5-7:30 p.m. Mayor Dirksen referred to the Halloween event on Main Street hosted by downtown businesses. He urged people to visit and patronize downtown businesses. • Citizen Communication John Frewing, 7110 SW Lola Lane, Tigard, Oregon presented testimony on two items: 1. Mr. Frewing said that he watched a program recently where the Lake Oswego candidates for Mayor were participating in a debate. They were asked, "What one thing would they do to make Lake Oswego better?" From the discussion he said he heard an idea that Tigard ought to consider: Somewhere early in the land use development process, before an official City decision takes place, there ought to be some sort of mediation session so affected people can openly talk about differences and compromises before the formal hearing process, which starts causing expense on all sides. Mayor Dirksen said this would be worthwhile for staff to look into further. 7:43:39 PM 2. Mr. Frewing commented on the City Council's discussion last week regarding the street maintenance fee. He mentioned an e-mail he sent to the Council, but has not heard back He said he wants to make sure the City Council does not forget about his concern about changing the methodology as well as changing the rate. Several years ago when the street maintenance fee was fast established, a citizens committee recommended that the fee should be derived 60-70% from commercial and industrial and 30-40% from residential. The Oregon Grocers Association had a different suggestion, which reversed the cost responsibility and the City Council agreed to this and "took out" funds for sidewalk maintenance. Because gas prices have doubled since that time, Mr. Frewing said sidewalk maintenance should be included as a program supported by the street maintenance fee. He said the City Council ought to look at a change in the methodology for collecting that fee. Mr. Frewing also reported that at last week's meeting, the City Council was told about a split in revenue from commercial and industrial people vs. the residential people. This is half the story. He said the City Council needed to know what the split was on expenses. How much was allocated to commercial/industrial streets vs. residential streets. He said he hopes when staff returns to discuss this further, that these kinds of things will be considered up front. • Follow-up to Previous Citizen Communication: None 7:45:57 PM Mayor Dirksen reviewed the Consent Agenda. Item 3.5c. was removed for separate consideration and was discussed by the City Council after consideration of the Consent Agenda. TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard _ 1 T13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 7 of 22 J 3. CONSENT AGENDA 3.1 Approve City Council Minutes for August 26 and September 23, 2008 3.2 Appoint Members for Urban Forestry Master Plan Citizen Advisory Committee - Resolution No. 08- 64 A RESOLUTION APPOINTING MEMBERS TO THE URBAN FORESTRY MASTER PLAN CITIZEN ADVISORY COMMITTEE 3.3 Approve Budget Amendment # 09-06 to the FY 2008-09 Budget Granting $1,000 to the Tigard Chamber of Commerce for the Downtown Tree Lighting Celebration - Resolution No. 08-65 A RESOLUTION APPROVING BUDGET AMENDMENT # 09-06 TO THE FY 2008-09 BUDGET GRANTING $1,000 TO THE TIGARD CHAMBER OF COMMERCE FOR THE DOWN'T'OWN TREE LIGHTING CELEBRATION 3.4 Implement an Information Security Program for the City of Tigard to Comply with Senate Bill 538, the Oregon Identity Theft Protection Act (OITPA), Fair and Accurate Credit Transactions (FACT) Act of 2003, and Federal Trade Commission Rules - Resolution No. 08-66 A RESOLUTION IMPLEMENTING AN INFORMATION SECURITY PROGRAM FOR THE CITY OF TIGARD TO COMPLY WITH SENATE BILL 538, THE OREGON IDENTITY THEFT PROTECIION ACT (OITPA) AND THE FAIR AND ACCURATE CREDIT TRANSACIIONS (FACI) ACT OF 2003, AND FEDERAL TRADE COMMISSION RULES 3.5 Local Contract Review Board (LCRB) 3.5.a - Award Contract for Construction of Senior Center Garden Room 3.5.b - Award Contract for Construction Documents and Permitting Services for Lower Fanno Creek Park 3.5.c - Removed for separate consideration; see below. 3.5.d - Amend Contract for Recruitment Services to Include Accounting Supervisor Position Motion by Councilor Wilson, seconded by Councilor Buehner, to approve the Consent Agenda, less Item 3.5c. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Removed for separate consideration from the Consent Agenda: 3.5.c - Award Contract for Design Services on the Greenburg Road/Highway 99W/Main Street Intersection Project-Phase 2 TIGARD CITY COUNCIL/LCRB- October 28, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223_ 1 503-639-4171 1 www.tigard-or.govPage8of 22 Mayor Dirksen announced this was removed from the Consent Agenda for discussion because the City Council members have questions on the contract amounts. City Engineer Duenas, Oregon Department of Transportation (ODOT) District 2A Assistant Manager Sam Hunaidi and W&H Pacific representative Wayne Bauer were present to answer questions for this agenda item. City Engineer Duenas reported that when the City first started this project, it was envisioned to be accomplished in two phases. Phase 1 was to bring the project up to 50 percent design. The focus of the fast phase was to look at the design components; i.e., how many lanes needed to be widened, what elements are to be added to the intersection and the approaches. Some items were deferred to Phase 2. The delayed items included the geotech investigations as well as the detailed design on the profile. Mr. Duenas explained that they did not want to spend very much money on the alignment until they determined how wide the lanes were going to be. Phase 1 turned out to be less extensive. City Engineer Duenas said issues have come up on the Hall and 99W project, which are similar to this project. On the Hall and 99W project, one of the requirements is that when an upgrade occurs, bus pullouts are typically required on a road such as this. Some of the other issues involve technical issues regarding the alignments coming up from the bridge and then coming back down from the 217 Interchange. These issues are under review to resolve. City Engineer Duenas said the City does not want to purchase any buildings it would not need and the bus pullout would have a big impact. Some suggestions have included relocating or eliminating the bus stop. There will be a bus pullout at the Hall Boulevard project and, perhaps, it could be combined with the required pullout for this project since it is only a block away. Staff would like to begin the Phase 2 project so both phases can be under one construction contract. Mayor Dirksen advised that he and Councilor Wilson requested this item to be removed from the Consent Agenda. Part of the concern was the amount of expense, about 18%, for the engineering work when compared to the total cost of the project. Typically engineering costs are somewhere between 6 and 10%. Is there something about this project in particular or about highwayprojects in general that would cause that percentage to higher. Councilor Wilson said he is aware that public works projects are more expensive and while it might be good to ask why that is, he said he does not think this project should be held up. Councilor Wilson noted the City made an exception with regard to the competitive process for this project to coincide with the Hall Boulevard project. He noted the progression from $50,000 to $200,000 and now $800,000 and he said he did not think this should go through without any exa - nation. Councilor Wilson said he would like some assurance that we are not paying more than what we should be paying. He also commented that Phase 1 was $100,000 less than what was projected but then with Phase 2, the amount is $200,000 more than what is estimated. Councilor Wilson noted staff responded to a question he posed in an email communication advising there were some potential Oregon Department of Transportation (ODOT) requirements that might be driving up the costs, including whether we would have to take a building. He said he decided it was time to review this. He added that the City is considering extending the gas tax for a couple of years to pay for a project that is getting more expensive. He suggested that we evaluate and get some buy- in from ODOT first as to whether the curvatures can be adjusted and can there be 11-foot lanes before we proceed. TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 9 of 22 City Engineer Duenas responded that staff was having discussions on how to ease the process. He proposed the easiest way might be to amend and extend the Hall/99W project. Access. management is one area where a lot of work has been done. City Engineer Duenas said ODOT has pledged to work with the City of Tigard. City staff is working with TriMet and ODOT to resolve the issues regarding the bus pullout to determine if this could be rearranged. The intention is to avoid taking the building. Councilor Wilson questioned whether, as a matter of policy, some standards could be relaxed because the improvement is better than what exists. Mr. Hunaidi from ODOT said all options are under review to determine what can be done to accommodate the improvement. They need to consider the standard and they can deviate somewhat to address the City's concern. He said there might be some resolutions to meet ODOT's requirements at the same time meeting the objective of what the City is trying to do for that intersection. With regard to the access management, Mr. Hunaidi said ODOT could approve what was added as a result of the second phase. Mr. Hunaidi said the bus pullout issue can be worked out. The alignment issues, according to Mr. Hunaidi, are something that must be addressed from a technical point of view. Councilor Wilson said he was concerned about how much must be spent on design fees before it is known if we have reached the "deal killer." Mr. Hunaidi said the design must meet ODOT standards; however, Mr. Bauer would need to address the design fees. Mr. Bauer commented on his firm's history with working with the City of Tigard for the last three years. They have worked with Washington County for more than 20 years. He said they are not a firm that "goes to the well" to ask for changes in their contracts. They try to scope and budget the projects to meet the needs and the client (staff) controls their work as they move along. City Engineer Duenas is in charge, which is the reason why the previous contract was under estimate. Work that was not needed in the first phase was deferred to the second phase so they could make educated decisions based on the available funds. The Highway 99W improvements will receive lot of scrutiny from ODOT because it is their facility. W&H Pacific has allowed for a number of "back and forth" reviews with ODOT to refine the design and control the costs. Mr. Bauer said their job is not onlyto lead to a safe improvement, but also to lead to a cost-effective improvement for the City of Tigard. He said there should be no concern with W&H Pacific doing anything more than what City Engineer Duenas and Right-of-Way Administrator McCarthy will want them to do. The project allowed some cushion for additional work where needed; however, they hope to hold down those costs as well as the construction costs by working with Mr. Hunaidi and ODOT to come up with the best design for the intersection. 8:04:24 PM Mr. Bauer said that for the Hall/99W project, many of the technical issues/problems have been worked out; i.e., design exceptions and access management. This work has set the stage for this project to go substantially smoother. The City of Tigard will get the benefit of these past actions. 8:05:06 PM City Engineer Duenas reminded Council that W&H Pacific did go through a competitive selection process. In addition, this firm is working on the Hall/99W project. He explained the on-call consultant procedures and the process followed in this instance. 8:06:01 PM Councilor Woodruff noted his appreciation to Mr. Hunaidi and Mr. Bauer for coming to this meeting. He said the City Council is watching this project carefully. "We really stepped out on this in terms of passing the local gas tax for Tigard for the express purpose of making this change to have some effect TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard _ 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 10 of 22 on the traffic problem on 99, which always flows to the top of people's concerns about living in Tigard. We want this to be done as efficiently and cost a less amount of money and that there's a good partnership with ODOT in both that intersection and the one you are going to work on... " He said by watching it carefully, we are going to be in good shape and the citizens will be served once the work is done. 8:06:56 PM City Engineer Duenas advised there will be an open house in December to present information about both the Hall/99 project and the Greenburg Road project. An open house with selected invitees (immediate property owners) was held last week Council will receive a briefing on November 18 about both projects. 8:07:5013M Councilor Wilson said he would support approving the contract, but with two requests: 1. To the extent possible, move forward the negotiations with ODOT (at least on a conceptual level) to obtain agreement so we will know the expenses; i.e., the taking of the building. This information should be reported to the City Council before the project is too far along. 2. Separate from this contract, look at engineering costs relative to construction costs. What is the experience throughout the County? Find out if we are comparable to this and private sector costs and, if needed, find out why it is different. 8:08:51 PM Mayor Dirksen agreed with Councilor Wilson, particularly with regard to his second request. He said it is not because we question anyone's veracity on this. As elected officials, he said they need to be in control of these costs and make sure they are making the correct decisions for the citizens. 8:09:2113M Motion by Council President Sherwood, seconded by Councilor Woodruff, to approve Consent Agenda Item 3.5c., Award Contract for Design Services on the Greenburg Road/Highway99W/Main Street Intersection Project, Phase 2 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 8:09:52 PM 4. QUASI-JUDICIAL PUBLIC HEARING - ZCA 2008-00003/CACH ANNEXATION REQUEST: The applicant's requests approval to annex two (2) parcels totaling 1.43 acres to the City of Tigard. The proposed annexation does not include any development plans. The subject property is an island of unincorporated land surrounded by the City of Tigard, with land owned by the City on the west and south and private land on the north and east. LOCATION: 15170 SW Sunrise Lane; Washington County Tax Map 2S105DC, Tax Lots 00101 and 00300. TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page I1 of 22 COUNTY ZONE: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the oppomznityfor more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, City of Tigard Comprehensive Plan (updated version) Goal 1 and Goal 11 (Policy 4 and Policy 6), and City of Tigard Comprehensive Plan (non-updated version) Policy 10.1; Metro Code Chapter 3.09; and ORS Chapter 222. 8:10:15 PM a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the rules of procedure for this public hearing. C. Declarations or Challenges were reviewed as follows: - Do any members of Council wish to report any ex parte contact or information gained outside the hearing, including any site visits? Councilor Buehner advised she was familiar with the site. - Have all members familiarized themselves with the application? All City Council members indicated they were familiar with the application. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? There were no challenges. 8:14:39 PM d. Staff Report: Associate Planner Pagenstecher presented the staff report. A copy is on file in the City Recorder's office. e. Public Testimony. None. f. Staff recommended approval of the annexation as set forth in the proposed ordinance. 8:16:34 PM g. Mayor Dirksen closed the public hearing. h. Council Discussion and Consideration: Ordinance No. 08-16 Motion by Councilor Buehner, seconded by Councilor Woodruff to adopt Ordinance No. 08-16. ORDINANCE NO. 08-16 - AN ORDINANCE ANNEXING 1.43 ACRES OF LAND, INCLUDING TWO (2) PARCELS, APPROVING THE CACH ANNEXATION (ZCA 2008- 00003) AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT AND WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 12 of 22 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 8:18:18 PM 5. INFORMATIONAL PUBLIC HEARING - FINALIZE SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38 (FAIRHAVEN STREET) a. Mayor Dirksen opened the public hearing. b. Declarations or Challenges were reviewed as follows: - Have all members familiarized themselves with the proposed reimbursement district? All City Council members indicated they were familiar with the proposed reimbursement district. - Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? There were no challenges. C. City Engineer Duenas presented the staff report outlining the final results of the project. A copy of the staff report and the PowerPoint presentation are on file in the City Recorder's office. Two property owners have already hooked up to the sewer as they needed the sewer connection for health/safety reasons. d. Public Testimony 8:26:09 PM ■ Judy Burman, 11225 SW Fairhaven Street, Tigard, OR 97223 asked about the permit to connect to the sewer. She said her understanding was that this project was completed prior to July and, if they were to secure the permit, it would cost them $2,835. When she talked to someone at CityHall, there was an issue with the contractor and the final amount; this issue was not settled until after July 1. The permit increased in the meantime by $300. She said she did not think they should be penalized and they should only have to pay $2,835. CityEngineer Duenas responded that the contractor had a claim, which the City denied at first. A settlement was negotiated. The fee increased July 1. In response to a question from Mayor Dirksen, City Engineer Duenas said it was possible that the district could have been finalized before July 1 if there had been no challenge. He said he could do some research. Mayor Dirksen noted the fee in question is not a City fee; it is a Clean Water Services fee and the City Council does not have the ability to grant an exception to pay the lesser amount. He advised Ms. Burman this could be appealed to Clean Water Services and, if after staff researches the substantial completion date, it appears this could have been finished before July 1, the City could also file a letter of recommendation that the fee be reduced. Councilor Wilson said this is not a penalty situation, it is the yearly fee adjustment. Ms. Burman acknowledged they knew of the increase and added that this increase is substantial - 10%. She was told the reason there was no final figure for the assessment was because of the issue with the contractor. She requested some assistance with the appeal process. Mayor Dirksen agreed the City could help sort out this process and if the facts do show that under normal circumstances you would have been able to get your permit before the fee increased, the City Council would be happy to be an advocate and encourage Clean Water Services to grant an exception. Councilor Wilson advised that C'W5 is "our" agency in the sense that we are citizens of Washington County and in TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 „ www.tigard-or.gov Page 13 of 22 their district. A good question is, "Why did it go up 10%..." Mayor Dirksen asked Ms. Burman to leave her contact information with City Engineer Duenas. 8:32:18 PM ■ Sharon Klump, 11345 SW Fairhaven, Tigard, OR 97223, declined to testify, she advised her question had been answered. 8:32:35 PM ■ Robert Mills, 13530 SW 115`" Avenue, Tigard, OR 97223, noted that the cost of the district is based on 22 lots paying their fair share. If not all of the lots pay, how does that affect those who hook up early. Mayor Dirksen said it has no effect; the charge is based on a fair amount to each. If someone within the district does not hook up within 15 years, then they do not have to pay the assessment. e. Staff Recommendation: City Engineer Duenas recommended the City Council adopt the resolution finalizing Reimbursement District No. 38, Fairhaven Street. Sewer will be made available upon passage of the resolution. 8:34:02 PM f. Mayor Dirksen closed the public hearing. g. Council Consideration: Resolution No. 08-67 Motion by Council President Sherwood, seconded by Councilor Woodruff to adopt Resolution No. 08-67. RESOLUTION NO. 08-67 - A RESOLUTION FINALIZING SEWER REIMBURSEMENT DISTRICT NO. 38 (SW FAIRHAVEN STREETS AND AMENDING TEE PRELIMINARY CITY ENGINEER'S REPORT CONTAINED IN RESOLUTION NO. 08-05 The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes Mayor Dirksen commented that some of the districts have been difficult and more expensive to construct. He noted this district was completed for less than the original estimate. 8:34:50 PM 6. LEGISLATIVE PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009 - UPDATE THE COMPREHENSIVE PLAN INTRODUCTION AND ADD A GLOSSARY OF KEY DEFINITIONS a. Mayor Dirksen opened the public hearing. b. City Attorney Ramis reviewed the rules of procedure for this hearing. TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-41711 -1 www.tigard-or.gov I~ Page 14 of 22 8:38:44 PM C. Declarations or Challenges were reviewed: - Does any Council member wish to declare or discuss a conflict of interest or abstention? There were no declarations or challenges. 8:38:54 PM d. Staff Report: Assistant Planner Daniels presented the staff report, which is on file in the City Recorder's office. Assistant Planner Daniels reviewed the changes made to the Glossary after the October 14, 2008, City Council meeting.. These changes are outlined in an October 15, 2008, memorandum attached to the staff report. 8:43:27 PM e. Public Testimony ■ John Frewing, 7110 SW Lola Lane, Tigard, OR 97223, said the ordinance does not refer to Attachment 2 and this should be reflected. Mr. Frewing commented on Page 2 of Attachment 2 it states that passive recreation does not require high levels of physical activity. He did not think this is correct. Fanno Creek Trail is used extensively by runners and that is "quite a physical activity." He asked this be clarified. At the top of Page 3, Mr. Frewing referred to language on Sensitive Lands. Originally, the language said to "see the Tigard Code that defines Sensitive Lands." Now, the language says: "Areas containing steep slopes, wetlands, drainage or floodplain as defined in the Tigard Community Development Code." Significant habitat areas are not listed, however, it is listed in the Development Code. Mr. Frewing referred to the Community Development Code 18.775.010. He said there is a specific Tigard map adopted along with the Goal 5 Rules (Tualatin partners), which listed significant fish and wildlife habitat. Mayor Dirksen and Councilor Wilson commented that significant habitat area might not come under the heading of Sensitive Lands. Councilor Wilson said that traditionally Sensitive Lands has not included wildlife habitat and if we were going to regulate them accordingly, that would be a change. This is something that needs to be debated. Mr. Frewing asked that the letter "s" be added to the last word in the definition, "The Tigard Urban Planning Area(s)" to reflect there are two areas: Bull Mountain and Metzger. Mr. Frewing referred to the Tigard Urban Services Area definition. In the third line from the bottom, the language refers to the TUSA agreement. It is not stated that there is such an agreement but Mr. Frewing said he thinks there is an agreement between Washington County and the City of Tigard, which needs to be stated to be consistent with the definition above for the Urban Planning Area(s) Agreement. Mayor Dirksen agreed it is phrased differently, but the meaning is there. 8:48:58 PM Councilor Buehner suggested to address Mr. Frewing's concern with the "passive recreation" wording to delete a portion of a sentence. She affirmed the Mayor's clarification that this wording is, "This is recreation activity that does not usually require specialized facilities." 8:49:43 PM Mr. Frewing returned the attention to the Tigard Urban Services Area noting he thought this area should be referenced since it will be in existence for the next 20 years. TIGARD CITY COUNCIL/LCRB- October 28, 2008 Gty of Tigard 13125 SW vHall Blvd., Tigard, OR 97223 ^m 503-639-4171 www.tigard-or.gov =PPage 1 S of 22 8:50:07 PM Mr. Frewing then referred again to Sensitive Lands. Reading from 18.755.010 (G)(5): Significant fish and wildlife habitat areas designated on City of Tigard significant habitat areas map, Ord. 06-20, Ord. 05-01. Council members clarified for Mr. Frewing that this is Sensitive Habitat, which is different from Sensitive Lands - the regulations are different. Assistant Community Development Director Bunch advised that in Section 18 Sensitive Lands all of those areas are within wetlands and drainage ways. It might be determined in the future that there are other sensitive lands in the city besides wetlands, drainage ways, or floodplains (might include upland areas as well). Those areas would be designated and regulated pursuant to the same process by which we determine these lands are significant. What we are doing by referencing wetlands and drainage ways is referencing the ordinance within which this topic is defined. One may mention significant fish and wildlife habitat areas in the City of Tigard areas map; however, Assistant Community Development Director Bunch suggested caution if we start determining that it includes significant habitat because we might be subject to other kinds of standards and regulations. After discussion, City Council members concurred the proposed language is acceptable after Assistant Community Development Director Bunch affirmed that the proposed language is not in conflict with the Code. 8:54:03 PM Mr. Frewing clarified, "for the record" that, "You are saying this definition is not in conflict with the Code." City Council members agreed with this statement. 8:54:26 PM Mr. Frewing referred to Exhibit A, Page I-1. In the third paragraph of the first subsection, it says, "The current conditions and projected trends are summarized in the 2007 Resource Report, which provides the substantive, factual basis for many of the Plan chapters." He said he has commented on the Tigard 2007 Resource Report that, "It doesn't include anywhere near the same kind of factual information that was included in the 1983 Tigard Comp Plan. It is a watered-down version of that material... I have urged the staff to have that material in the 2007 Resource Report because the new Comp Plan references current conditions. If we don't have an official record of what those are... there's nothing to anchor your review on. We need a clear, comprehensive statement of current conditions in the city, which are incorporated in the Tigard 2007 Resource Report." 8:56:35 PM Mr. Frew asked what are the relationships among the Zoning Map, the Transportation System Plan, Parks Master Plans and other plans and maps used by the City to implement the Comprehensive Plan. He said that some of those other documents have likely been considered as part of the Comprehensive Plan in the past. To the extent that this is a story about how you are to use the Comprehensive Plan, he thought it was lacking in telling people how use those narrow and specific documents. The introduction ought to address this. Mayor Dirksen and Councilor Wilson clarified for Mr. Frewing that the Zoning Map and Transportation System Plan are not part of the Comprehensive Plan; these documents implement part of the Comprehensive Plan, but do not become part of the Comprehensive Plan. Councilor Wilson explained that the Zoning Map becomes the regulations that follow from the Comprehensive Plan. Mr. Frewing said he thought the Comprehensive Plan should tell people how to use these other documents. Mayor Dirksen said he thought the relationship of these documents to the Comprehensive Plan is comparable to the relationship between the Oregon Constitution and the Oregon Revised Statutes. The Statutes are not part of the Constitution, but the Constitution is used to create the Statutes. Mr. Frewing indicated this was acceptable. TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 16 of 22 8:59:04 PM Mr. Frewing referred to the middle of Page I-2 of Exhibit A, where it states, "These actions are accomplished through specific legislative proceedings and include the adoption of codes and standards for public facility plans, capital improvement plans, transportation system plans, etc." Council concurred with Mr. Frewing's statement that the Council thought this covered the relationship as he questioned above. Mr. Frewing said, "So, it's a legislative proceeding that adopts and changes those documents." Mayor Dirksen responded that it forms the basis for changing the documents; it does not actually make the change. This will be a legislative procedure before the City Council. 8:59:59 PM Mr. Frewing referred to a section of Exhibit A, which is the old Comprehensive Plan language "lined out." He referred to the "lined out" material that talks about governmental coordination. He said this section is missing from the new Comprehensive Plan and he asked the City Council to reinstate this or similar language. Assistant Community Development Director Bunch noted this language is included in a separate chapter called "Goal 2 Land Use Planning." This chapter includes the Goal 2 coordination requirements of statewide planning goal; it is adequately covered. 9:01:49 PM Mr. Frewing noted his concerns with the Glossary. On Page G- 1, a citizen is defined as an inhabitant of a city or town, specifically one entitled to its privileges and franchises. He said this needs "a little bit of fixing." "They are not all entitled to all privileges and franchises; for example, voting. And yet, if I live in unincorporated... `inhabitants' - it's not clear whether or not I work there or my residence is there." He suggested this wording: entitled to at least one of its privileges or franchises." Council President Sherwood commented that she thought the above suggestion was argued extensively at the Planning Comnvssion level and this is "what we all settled on." 9:02:59 PM Mr. Frewing noted consistency with use of the words residents and citizens throughout the document. Council President Sherwood advised the glossary provides the definition where the term "citizen" or the term "resident" is used. 9:04:31 PM Mr. Frewing referred to Page G3, where it talks about a floodplain as an area adjoining a stream that is subject to regional flooding. He said, "I don't know what region you are talking about. I think there is conflict arising because on Page G- 1 you define something a little bit different, which is a 100-year floodplain... It seems to me that those are not connected and should be. A floodplain is a hydrological, geographical location subject to flooding at some recurrence interval. A 100-year floodplain is that area subject to flooding at a 1 percent recurrent chance. A 100 years probability. Regional flooding - is that at Fanno Creek or Columbia River or is that... " Councilor Wilson advised that we do not have any tidal estuaries or coasts here. He said he believed this was simply the dictionary definition. Council President Sherwood added that it is a definition for where the word is used within the document. These terms have been extensively researched along with a TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard' 13125 SW Hall Blvd., Tigard, OR 97223 ~1 503-639-4171 www.tigard-or.gov µI Page 17 of 22 _ review through hearings. Mr. Frewing replied he had gone through the process and has argued that the term "100-year floodplain' should mean that area subject to flooding every 100 years, not only as determined by FEMA maps. There are other areas in the Gty that are also low elevation and get flooded in a 100-year storm and they are not included in the FEMA's classification and, yet, they would subject the resident or landowner to damage or whatever flooding impacts this land. Therefore, Mr. Frewing argued that the 100-year floodplain ought to be defined as a geographic feature rather than just a FEMA event. He said, "If you want to say-that FEMA has rules for certain water bodies, that's great. But, a 100-year floodplain is not just a FEMA matter." Councilor Buehner stated that we are governed byFEMA rules with respect to the 100-year floodplain. It would not be consistent with federal law for us to have a definition that was not consistent with FEMA guidelines. Mr. Frewing responded that the was not asking the Qty to violate FEMA guidelines, he was asking the Gty to recognize that there are floodplains in Tigard, which are not covered by FEMA guidelines because FEMA did not map those areas. Councilor Buehner said we are bound by the federal rules. Mr. Frewing said he was not objecting to the rules. He said, "When water runs down hill and if we get a 100-year storm, you are going to get flooding in a certain area and that is the 100-year floodplain whether FEMA mapped it or not. Where FEMA has mapped it, Tigard has adopted those maps and that's fine and let's use those maps." Councilor Wilson said that this is why the language is non-specific because what we are really are talking about is probabilities and no one can predict the future. Even the 100-year floodplain is a somewhat arbitrary line. 9:08:18 PM Assistant Community Development Director Bunch provided some background information on this subject. This issue was argued extensively at the Planning Commission as it relates to what is a floodplain and what is an area subject to flooding and the like. There are areas subject to localized ponding and flooding that are not within the jurisdiction of FEMA. These definitions were specifically used as it relates to our regulatory program and the regulations imposed byFEMA. This issue has been reviewed at the Planning Commission as well. 9:09:03 PM Councilor Woodruff asked Mr. Frewing if the items he is bringing up at this hearing, are items that have already been discussed by staff and the Planning Commission previously or is he taking this opportunity to bring up some new matters. Mr. Frewing said some have been discussed previously, while other matters have not been discussed. He said he did not attend the Council workshop, because citizen input was not received. He said he did attend the Policy Interest Team meetings and made many of these comments at those forums. As a matter of the public hearing, Mr. Frewing said he is trying to get the City Council to reconsider what has gone on before. Mr. Frewing acknowledged he prevailed on some of his points and commented that staff has tried to do as good as job as they can. However, he said there are still some outstanding issues he wants to raise. 9:10:07 PM Mr. Frewing cited Page G 11 and the word "support." In many places the policy says Tigard will support this or that. He said, "It says to aid the cause, policy, or interests of or contribute to the progress or growth of, which is pretty reasonable except it doesn't say when it's going be applied. I would simply urge you to say... in discretionary matters before decision makers. In other words, there are going to be times when you can or cannot do it. And, I want you to say that in those discretionary matters , to support something means to aid the cause policy or interests. That just simply tells you when you are going to do it." TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page I8 of 22 9:1.1:30 PM Mr. Frewing said he does not understand definition (on Page G 12) of the phrase "up to date." He cited language that says, "Being in accord with relevant facts, knowledge, techniques, styles, etc." He again said he does not know what this language means. It would make more sense to him if the language said, "Being in accord with nwr relevant facts... " He said, "Up to date means now, not ten years ago." 9:12:12 PM Mayor Dirksen asked for staff comment on the above concern. Assistant Community Development Director Bunch said, "This was arrived at the determination of really what is an up- to-date Comprehensive Plan... the Comprehensive Plan and all of the documents and things that we work with embody a large number of facts, circumstances, conditions, and so on and so forth. What is relevant to one particular situation mayor may not be relevant to another. For example, facts or issues that are ten years old may not be relevant to an issue; however, facts that are relevant three weeks ago are relevant to an issue. So, we are searching for as much flexibility in describing what is up to date and providing decision makers with that discretion or flexibility as well. This was consciously done in terms of providing a broad range of what relevancy is." 9:13:19 PM Mayor Dirksen asked for additional comments from others who might not have had an opportunity to sign up to speak during this public hearing. There were no additional comments. 9:13:29 PM f. Staff Recommendation Assistant Planner Daniels advised that staff has found that the language included in the amendment complies with the applicable state land use goal, the City's municipal code and comprehensive plan policies, as well as federal, state, and regional plans' and regulations. Therefore, staff recommended that the City Council adopt the language presented in Exhibit A. g. Council questions. Councilor Woodruff asked if staff had heard testimony tonight from Mr. Frewing that was new and needed additional consideration. Or, does staff feel as if they have adequately dealt with those items. Assistant Community Development Director Bunch advised that over the last three years, with the last two years being a review in depth, that the staff feels they have adequately addressed the items raised. Mr. Frewing brought up the issue of what are sensitive lands and significant habitat. He also brought up an issue relating to lands that have been designated as significant or sensitive lands on some of the City's maps, which were in the 1983 plan. Assistant Community Development Director Bunch said, "What really is our intent is to go through and identify these areas... pursuant to direction from Council, such as we have talked about the inventories of significant habitats, such as upland tree growths and the like that can be protected pursuant to Goal 5. So, that is really part of the Plan implementation program as it relates toward the regulatory map or to standards. We want to implement the Plan in accordance with state law. So really, that is also what we have to do. Because the 1983 Plan, being 25- years old, is really out of date. And, some of it may or may not have been applicable or supportable by current state standards. So, we have made every effort to vet these things, discuss them with the Planning Commission and come to definitions and we feel comfortable with what we have to date. Recommendations such as what is passive or not passive recreation are certainly appropriate to changes TIGARD CITY COUNCIL/LCRB- October 28, 2008 City 0 f Tigard _ 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov~I Page 19 of 22 as Councilor Buehner said, but... I consider (running) passive recreation because it involves an unstructured activity and not using a specialized facility. So, a lot of it is sometimes how much does one want to dance on the head of a pin... I think all of these definitions are sound and they do a good job for us." 9:16:28 PM h. Mayor Dirksen closed the public hearing. 9:16:33 PM i. Council Consideration: Ordinance No. 08-17 Councilor Buehner advised she wants to make sure everyone understands the suggested changes with regard to passive recreation. She agreed with adding the "s" to the end of Tigard Urban Planning Area. Mayor Dirksen asked if Councilor Buehner was proposing to make a motion to "accept the chapter as proposed in Exhibit A, as modified by Attachment 2, and also including the two changes relating to passive recreation and adding the "s" to Planning Area(s). Councilor Buehner concurred this was her motion. Councilor Wilson seconded the motion. ORDINANCE NO. 08-17 - AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2008-00009 TO UPDATE THE COMPREHENSIVE PLAN INTRODUCTION AND ADD A GLOSSARY OF KEY DEFINITIONS, AS AMENDED. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes This concludes the Comprehensive Plan update. City Council applauded the efforts of staff and those who worked so hard on the update. Assistant Community Development Director Bunch honored all of the citizens, especially the Planning Commission, the City Council, the Boards and Commissions, and all of the others involved in the Comprehensive Plan process. Assistant Community Development Director Bunch said: City G% xil stool boW n l us ezery step of the wry You initiated the process. The Plam*ng Cormws"' r bam and hours listening to us and hazing us take yotcr f conr ba& to the drawing loam again and again The CCI, wbio~ m lly established a firm foundation for the atizen irnwlwnrnt process here The Try Boan~ whicb got together and worked through the my di adt e~fom assorratad with trees, whi& we hope to honor oral gi.w greater completion to as we go through and in pknvrt the plan Parks and Recreation A dzisory Board and the Policy Interest Teams and all of the mnvraazity panxVatior; irdu&ng all of the rmny, many groups Marisa (A ssistant Plarmer Dam&) nrt with might after might to get their irk -for theirpaniapration and support: A nr I would also like adz nowledge John Fxwng for his mrnim4ous inwluwvr anc John thank you zery mardb, you've given us all your timr and so zee appreciate you being here as well This uns a real joint; coVeratize TIGARD CITY COUNCIL/LCRB- October 28, 2008 Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 20 of 22 e~for4 with all Gf the orgarrzzaum, all of the other departments, they were also tnw1zed ane so zee are really proud to present to gnu a cnr pkted Comprehensize Plan Thank yw Councilor Buehner also extended acknowledgement to two additional groups: 1. To the Planning Commissioners who were working on this early in the process and are no longer serving on the Planning Commission and 2. To the prior City Council members who are no longer serving. Mayor Dirksen said this has been a long, challenging and valuable process that has led us to this new, improved document. 9:21:36 PM 7. APPROVE A TRESPASS AND EXCLUSION ORDINANCE TO ESTABLISH GENERAL RULES OF CONDUCT ON CITY PROPERTY a. Police Chief Dickinson presented the staff report. Acopy of the staff report is on file in the City Recorder's office. b. City Council had received a preview of this proposed ordinance at its October 21, 2008 Workshop meeting. Council members indicated the proposed ordinance appeared to be consistent with information presented at the workshop meeting. C. City Council consideration: Ordinance No. 08-18. ORDINANCE NO. 08-18 - AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE ADDING CHAPTER 7.58 FOR RULES OF CONDUCT ON CITY PROPERTY AND REPEALING CHAPTER 7.100 FOR EXCLUSION FROM THE TIGARD PUBLIC LIBRARY Motion by Councilor Woodruff, seconded by Councilor Wilson, to adopt Ordinance No. 08-18. The motion was approved by a unanimous vote of City Council present. Mayor Dirksen Yes Councilor Buehner Yes Council President Sherwood Yes Councilor Wilson Yes Councilor Woodruff Yes 9:28:34 PM 8. THIRD QUARTER GOAL UPDATE ('Plus item will be reviewed at a future City Council meeting.) 9. COUNCIL LIAISON REPORTS: None 10. NON-AGENDA ITEMS: None. ➢ Before the City Council went into Executive Session, it acknowledged several Tigard High School Students in attendance fulfilling a classroom assignment to attend a public meeting. One question was asked regarding the number of City Council votes needed to adopt a Council action. Mayor Dirksen noted it must be a majority of City Council members voting in favor. TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov l Page 21 of 22 9:28:41. P'.N4 11. EXECUTIVE SESSION. The Tigard City Council went into Executive Session at 9:35 p.m. under ORS 192.660(2) (e) real property transactions negotiations and (h) for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 12. ADJOURNMENT Motion by Council President Sherwood, seconded by Councilor Woodruff, to adjourn the meeting at 10:20 p.m. Brine Wheatley, City corder Attest: '4~1~A7 Mayor, City of Tigard Date: / I 09 I:\ADM\CATHY\0CM\2008\081028 fmal.doc TIGARD CITY COUNCIL/LCRB- October 28, 2008 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171rywww.tigard-or.gov Page 22 of 22 i Agenda Item # 544 d!~j Se 5S ton Meeting Date October 28.2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Discussion of Instituting a Citizens' Transportation Advisory Committee Prepared By: Ron Bunch Dept Head Approval: C. City Mgr Approval: Ci ISSUE BEFORE THE COUNCIL v Should the City further consider the matter of forming a Citizens' Transportation Advisory Committee (CTAC)? STAFF RECOMMENDATION Council's alternatives are to either direct staff to develop a formal proposal to form a CTAC for its consideration, or to decide to not pursue the matter further. KEY FACTS AND INFORMATION Council has expressed interest in forming a Citizens' Transportation Advisory Committee (CTAC) to advise it on transportation matters. This discussion arose from awareness that Tigard and the rest of the Portland Metropolitan Region faces many current and future transportation challenges. Furthermore, it was thought that a new transportation advisory committee would be beneficial by serving as a standing advisory body and a forum for citizen participation. Instead of forming ad-hoc transportation committees on a fairly regular basis, a standing committee would provide a dependable "go-to" source of advice and citizen engagement opportunities. On the other hand, concern was expressed that a new advisory body would result in an added expense and expenditure of staff resources and there might not be enough work to keep it busy. Staff undertook a survey of five Portland metro area jurisdictions that utilize transportation advisory boards /committees. The results are appended as Attachment "A." Please note that this list also identifies recent agenda topics for these boards. Many of these agenda items are similar to things that Tigard now handles administratively and they often come to Council for decision. The "agenda topics" illustrate two core issues of this matter. They are 1) is it necessary to involve citizens in these matters; and 2) is it important to receive citizen recommendations on some transportation matters prior to them coming to Council? From staff s perspective, there is a third core issue: "Is it important to have a single advisory body to provide advice to Council on the broad range of future and current transportation issues rather than forming ad-hoc advisory groups for each?" For example, separate groups have been, or are being formed, to provide citizen input for the Tigard Transportation System Plan (TSP); Neighborhood Pathways Plan, and Transportation Finance. In the near future there will also be other transportation policy issues that will require citizen engagement, such as implementation of the Tigard 99W Improvement and Management Plan; High Capacity Transit / Light Rail; Metro Transportation Improvement Plan funding, etc. Also, Council may wish to involve citizens in specific transportation studies /initiatives such as the Downtown Circulation Plan and bicycle/pedestrian safety. I:\LRPLN\Council Materials\2008\10-28-08 AIS Discussion of Instituting a Citizens' Transportation Advisory Committee.doc 1 OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Comprehensive Plan Goals Citizen Involvement: Goal 1.1: Provide citizens, affected agencies and jurisdictions the opportunity to participate in all phases of the planning process; Goal 1.2: Ensure all citizens have access to: A) opportunities to communicate directly to the City; and B) information on issues in an understandable form. ATTACHMENT LIST Attachment 1: Metro Jurisdictions - Traffic Board/Committee Survey FISCAL NOTES N/A 1:\LRPLN\Council Matcrials\2008\10-28-08 AIS Discussion of Instituting a Citizens' Transportation Advisory Committcc.doc 2 ATTACHMENT 1 Traffic Committees Beaverton Contact Jabra Khasho, Public Works (503) 526-2221 ikhasho ~r%c.iJ:~eaverton_or.~is • http://~~-~~,~w.bcaverte;mr.~r_e~>t~.~~o~%/t.navo.r/boards board. deiails.asp~=l:ul=traffic Membership There are 7 regular members. Members must be City residents. Members are appointed by the Mayor with approval of the City Council. Powers and The commission's duties include reviewing proposals related to major traffic changes in the Duties City, advising the City Council on issues pertaining to traffic safety, and assisting in . promulgating standards and policies relating to neighborhood traffic management. The Commission holds public hearings on traffic issues. Recent Agenda Public Hearings: Traffic Calming Project Rankings for 2008, Revisions to traffic Topics enhancement Fund Project Allocations, Parking Restrictions on the east side of SW 105th Terrace between Valeria View Drive and Washington Street, Loading zone on SW Millikan Way near Watson Avenue, Parking time limit revisions on SW Broadway between East Avenue and Watson Avenue; Consent Items: Parking Restrictions on SW Hall Boulevard between 5th and 12th Streets, Parking Restrictions on SW 166th Avenue near Baseline Road Lake Oswego Contact Massoud Saberian, P.E., Traffic Engineer 503.635.0274 hal- //~tw~~.ci.os~~e~o.c~r..us/en ineer/Trans/t:ab.I:I"I."RI Membership The Transportation Advisory Board is an eight-member citizen advisory body (which includes one student member) appointed by the City Council. Powers and It meets each month to oversee the Neighborhood Traffic Management Program. The Duties Neighborhood Traffic Management Program (NTMP) was established in 1993 to give citizens and neighborhoods greater participation in decisions regarding traffic management on neighborhood collectors and local residential streets in order to promote the safety and livability of residential neighborhoods. Recent Agenda Staff Reports: Streetcar Update - Metro Trails and Transit Plan Crosswalk project updates, Topics Neighborhood Pathway Criteria, Lake Oswego Police Report, Electric Vehicle Charging Stations, Corners Options Under Consideration, Neighborhood Pathway Program Quarry Road Waluga Neighborhood Improvements, Present 08-09 Bike Mini-Grants and Oregon Transportation Safety Conference Scholarships, Present Conceptual Drawings For 6 Corners Intersection Hillsboro Contact Engineering Division Information 503-681-6146 eng-dept@ci.hiUsboro.or.us ht1h://w»'~~`.ci.hillsbor<:~.<:~r.us/Public~~'<u'1;s '1'C.as» Membership The Transportation Committee is made up of three (3) City Councilors who are appointed by the Mayor with the consent of the City Council. The non-voting member (citizen advisor) is appointed by the Transportation Committee Chair in consultation with the members of the committee and confirmed by the City Council to a term not to exceed one year. Powers and The function of the committee is to assist in the development of the Transportation Duties System Plan (TSP) and to serve as the Traffic Safety Commission. The committee's functions include the following: ■ Advise the city transportation/ traffic system issues, policies, standards, plans, and capital programs. ■ Guide transportation system planning work and public involvement in transportation programs. ■ Set goals for the Transportation System Plan and special transportation studies. ■ Review and recommend an annual "Hillsboro Transportation Action Plan" that identifies modal objectives, capital priorities, funding opportunities and objectives, and a transportation work plan based on adopted local, regional, and state plans. ■ In cooperation with the bicycle pedestrian task force and the Police Department, serve as the Traffic Safety Commission to research, develop, and implement traffic safety programs, promote the education of the public on traffic safety, and work toward the reduction of traffic accidents, injuries, and deaths in the public right-of- way. The Traffic Safety Commission may seek grant monies, and review and recommend to City Council proposed safety projects eligible for grant funding. Recent Agenda Items for recommendation to City Council: dedication of additional public right of way on Topics NW 192nd Avenue south of NE Cornell Road, to accept the dedication of additional public right of way on the west side of SW Armco Avenue south of SW Walnut Street. Items for Committee action: Accept a 35 mph speed zone recommendation from the Oregon Department of Transportation on NW Wilkins Street between NW Cornelius Pass Road and NW 206th Avenue, Consider approval of project prioritization relating to collected Traffic Impact Fee funds in anticipation of the November 2008 ballot to revise and expand the County-wide Traffic Impact Fee Ordinance, Consider request by WRG Design for the use of on-street angled parking along NE Jackson Street for the new Lincoln Street Elementary grassy play area; Items for discussion: Photo Radar/Photo Red Light Enforcement, Skateboards and bicycles on the sidewalks downtown. (T. Gibson) Oregon City Contact Aleta Froman-Goodrich, Project Engineer (503.496.1570) Jim Burch, Operations Street Supervisor (503.657.8241) Kathy Griffin, Administrative Assistant (503.496.1555) Nancy J.T. Kraushaar, City Engineer/Public Works Director (503.496.1545) L, tth;/ /bosrds-commiitee~-commi;sir~ns! transportation- a dvi sor v%h un Membership There are between seven to nine members in the committee. It is composed of two members of City-recognized neighborhood associations, one active member of the Oregon City Chamber of Commerce and the remaining members are at-large. Each member stays on for a three-year term with terms overlapping. The Mayor appoints each member to the committee. Powers and The purpose of the committee is to advise the City Commission, Planning Commission and Duties Urban Renewal Agency on transportation related matters; guide preparation of transportation plans and programs, including the Neighborhood Traffic Management Plan. The Transportation Advisory Committee is an advisory committee tasked with providing advice and recommendations to the City Commission, Urban Renewal Agency and Planning Commission on transportation related matters as well as to guide the preparation of transportation plans and programs. Recent Agenda Transportation SCD Update- Key Policy Issues #1-8, Linn Avenue speed zone, The Rivers Topics Project (Kittelson and Associates), McLoughlin Boulevard Improvements- groundbreaking celebration, Speed Radar Assembly Relocation Policy, Portland-Milwaukie Light rail project, Downtown Parking Committee, Beavercreek Rd Concept Plan, Holcomb Rd project, Pardow Rd/Lafayette Avenue Realignment, Transportation SDC Public Involvement Gresham Contact Ron Papsdorf, 503-618-2806 John Dorst, 503-618-2402 htt~r / /~~ww.ci.~nc~sham.or.us /dehart:metits /oc»i/c.~cs /Cou ncil`I".ransporea tionil d~-isar}'Corn tni.ttee Membership Committee members are residents of the City of Gresham, owners of real property located in the city of Gresham or own a business licensed in the City of Gresham. At least one member shall be disabled and represent the interests of the disabled community and at least four members shall be active bicycling and walking enthusiasts and represent the interests of the cycling/pedestrian community. Powers and CTAC is now called CTAS (Council Transportation Advisory Subcommittee) and placed, Duties among others, under the umbrella of the Planning Commission. The purpose of CTAC was to advise the Gresham City Council in the ongoing development of a comprehensive transportation network that will improve the safety and livability of Gresham. Committee Functions: ■ Advise the City Council and City staff on transportation and traffic issues, federal, state and local policies, standards, plans and capital programs. ■ Guide the City Council relating to transportation planning work and public involvement in transportation programs. ■ Evaluate and research ways to continually improve the transportation system, expand the bicycle and pedestrian network and improve its safety and accessibility. ■ Review and recommend annual Gresham Transportation Action Plans that identify objectives, capital priorities and funding opportunities. ■ Serve as the Traffic Safety Commission and assist and advise Council in the research, development and implementation of traffic safety programs and public education. • When approved by Council liaison, advocate for transit improvements in East Multnomah County. Recent Regner at Cleveland safety concerns, school zone flashers, bus stop locations, intersection Agenda performance policy, MTIP applications, Safety for crosswalks and school zones, TSP Update Topics Project Scope and Revised schedule/Bicycle Master Plan, Grant letter of support for 23rd Street sidewalk infill, Project Updates: Stark Street and Cleveland Street Tigard City Council Meeting Study Session October 28, 2008 City of Tigard Proposed Concepts For an IGA with Durham, King City and the Tigard Water District Regarding the Delivery of Water Service ■ Tigard currently has separate agreements with Durham, King City and the Tigard Water District, and proposes these three agreements be combined into one new agreement between Tigard and Durham, King City and the Tigard Water District. ■ The existing agreements expire on December 31, 2018. Tigard is willing to set the term of the new agreement as perpetual, if all other conditions of the new agreement are acceptable. ■ The exit terms of the existing agreements establish a formula for determining proportionate interests in system assets should Durham, King City or the Tigard Water decide to terminate the agreement. Tigard proposes some of the language be clarified, but would not support any major policy changes to the existing language. ■ Tigard proposes the new Comprehensive Plan principles be imbedded into the new agreement: - Cities are best equipped to provide governance and urban level services. Tigard opposes the provision of such services that enable urban level development outside cities. - Clear up service boundaries with Tualatin Valley Water District. AZENDA ITEM NO.2 - CITIZEN COMMUNICATION DATE: October 28, 2008 (Limited to 2 minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses of persons who attend orparticipate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please t CONTACTED Name- Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address 1 P7W city S C State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION Agenda Item Meeting Date: October 28, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Appoint Members for Urban ForesnMasterrPlan Citizen Advisory Committee Prepared By. Todd Prager/Marissa Daniels Dept Head Approval: 1. Qty Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City adopt a resolution appointing members to the citizen advisory committee for the Urban Forestry Master Plan? STAFF RECOMMENDATION Staff recommends Council approve the resolution. KEY FAcrs AND INFORMATION SUMMARY On June. 3, 2008, Council adopted the Urban Forest section of the Comprehensive Plan (CPA2008-00002). On August 12, 2008, Council authorized staff to begin implementation of Policy 2.2.11 of the Comprehensive Plan which states, "'Me.Gtyshall develop and implement a citywide Urban Forestry Management Master Plan." On October 14, 2008, Council adopted Resolution No. 08-59 which establishes an eleven (11) member citizen advisory committee to guide the preparation of the Urban Forestry Master Plan. Resolution 08-59 further specifies that the citizen advisory committee consist of seven (7) Tree Board members, one (1) Homebuilder, and three (3) Residents/Business Interests At-Large. The attached Resolution appoints the following individuals to serve on the citizen advisory committee: Tree Board 1. Janet Gillis (Chair) 2. Rob Callan (Vice Chair) 3. David Walsh (Planning Commission Liaison) 4. Dennis Sizemore 5. Matt Clemo 6. Tony Tycer 7. Vacant (Kandace Horlings Resigned October 16,2008) Homebuilder 1. Alan DeHarpport (Representative for Home Builder's Association of Metropolitan Portland) Residents/Business Interests At Lame 1. Morgan Holen (Certified Arborist/Forest Biologist/Participated in Creation of City of Lake Oswego Urban Forestry Master Plan) 2. Morton Ettelstein (B.S. in Industrial Engineering/M.B.A/Expertise in Public and Private Workforce Planning) 3. Phillip Hickey (Certified Arborist/Registered Consulting Arborist/Participated in Creation of City of Spokane Urban Forestry Master Plan) OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Goal 2: Complete the update and begin the implementation of the Comprehensive Plan. ATTACHMENT LIST Attachment 1: Resolution appointing members to the Urban Forestry Master Plan Citizen Advisory Committee FISCAL NOTES The Urban Forestry Master Plan will be prepared by staff. Funding up to $10,000 may be necessary for additional professional services such as commissioning a professional survey of community attitudes towards urban forest issues. Agenda Item # 3,J Meeting Date October 28, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Resolution Approving Budget Amendment #09-06 to the FY 2008-09 Budget Granting $11,000 to the Tigard Chamber of Commerce for the Downtown Tree Lighting Celebration. c Prepared By: Joe Barrett Dept Head Approv City Mgr Approval: ~J( ISSUE BEFORE THE COUNCIL Shall the City Council pass a resolution approving Budget Amendment #09-06 increasing appropriations in the Community Services Program budget to support the Tigard Downtown Tree Lighting Celebration? STAFF RECOMMENDATION Approve Budget Amendment #09-06 by passing the attached resolution KEY FACTS AND INFORMATION SUMMARY The Tigard Chamber of Commerce has asked the City for help with the Downtown Tigard Tree Lighting Celebration. This event has grown over the years into a signature event in the community and the cost to hold the event has grown as well. The event costs roughly $10,000 to stage and there is no charge to the public. A funding request was brought before the Council during the FY 2008-09 budget process for $7,000. Council denied the request at that time. Council did identify $1,000 to be set aside for any mid-year funding requests. At the Fifth Tuesday Council Meeting on September 30, the Tigard Chamber again asked for the Council to financially help with the Downtown Tree Lighting Celebration with $1,000 of assistance. This budget amendment serves to meet that request. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS None. ATTACHMENT LIST Resolution including Attachment A. FISCAL NOTES This resolution transfers $1,000 from the General Fund Contingency to the Community Services Program budget. Agenda Item # 3. Meeting Date October 28, 2008 COUNQL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Implement an Information Security Program for the City of Tigard to Comply with Senate Bill 538, the Oregon Identity Theft Protection Act (OITPA2, Fair and Accurate Credit Transactions (FACT) Act of 2003, and Federal Trade Commission Rules Prepared By. C Wheatley Dept Head Approval: City Mgr Approval: _ ISSUE BEFORE THE COUNCIL Consider the proposed resolution outlining an Information Security Program to comply with Senate Bill 538, the Oregon Identity Theft Protection Act (OITPA) and the Fair and Accurate Credit Transactions (FACT) Act of 2003, and Federal Trade Commission Rules. The legislation requires municipal utilities to have written procedures in place by November 1, 2008. STAFF RECOMMENDATION Approve the proposed resolution implementing an Information Security Program for the City of Tigard. KEY FACTS AND INFORMATION SUMMARY Oregon's law, the Identity Theft Protection Act, specifies direction and expectations to ensure the safety of sensitive data. The law contains standards to shield Social Security Numbers, notify consumers in case of a security breach, and safeguard personal identifying information. The Department of Consumer Business Services is charged with enforcing this law as well as providing educational materials. Businesses and government agencies are required to develop, implement, and maintain reasonable safeguards to ensure the security, confidentiality, and integrity of the information. Safeguarding also means properly disposing of information. In addition to the Oregon law, the Federal Trade Commission requires the adoption of an identity theft prevention program for covered accounts, including utility accounts. By November 1, all municipal utilities that provide services for which payment is deferred until a future date (i.e., water or sewer), need to have written procedures in place to help protect consumer identity and fight theft of consumer account information. To implement the new regulations, the Records Division is taking the following steps: • Obtain Council approval of the initial program • Ensure oversight of program development, implementation and administration • Annually report to the Assistant City Manager on the effectiveness of the program, provide an explanation of "significant events" and recommendations for program changes due to evolving risks and methods of identity theft • Train appropriate personnel to implement the program • Oversee service provider (for example, a vendor hired to perform activities on City utility customer accounts) arrangements since the "covered entity" is responsible to make sure the provider has and is following a theft protection plan The proposed resolution represents the initial security program for the Gtyof Tigard. Records staff will be working in the coming weeks to compile internal resource information and provide initial program training. Department Directors will be responsible thereafter to provide training to new departmental employees. OTHER ALTERNATIVES CONSIDERED Amend the proposed resolution. CITY COUNCIL GOALS N/A ATTACHMENT LIST 1. Proposed resolution Exhibit A: Information Security Program for the City of Tigard 2. Protecting Penonal Irfomution - A Business Guide (Oregon Identity Theft Protection Act, prepared by the Department of Consumer & Business Services). 3. League of Oregon Cities Announcement dated September 25, 2008 regarding Identity Theft Protection Programs and Red Flag Rules FISCAL NOTES N/A I:\ADM\Cathy\PROJEM\ID Theft\AIS for ID Theft Pokydoc <~4ud~j Coss, tm CITY OF TIGARD, OREGON o ~ TIGARD CITY COUNCIL RESOLUTION NO. 08- A RESOLUTION IMPLEMENTING AN INFORMATION SECURITY PROGRAM FOR THE QTY OF TIGARD TO COMPLY WITH SENATE BILL 538, THE OREGON IDENTITY THEFT PROTECTION ACT (OITPA) AND THE FAIR AND ACCURATE CREDIT TRANSACTIONS (FACT) ACT OF 2003, AND FEDERAL TRADE COMMISSION RULES WHEREAS, the Oregon Legislature enacted the Oregon Identity Protection Act giving consumers the ability to place a security freeze on their credit file; and WHEREAS, the Identity Theft Protection Act contains standards to shield Social Security numbers, notify consumers should there be a security breach, and safeguard personal identifying information; and WHEREAS, the federal Fair and Accurate Transactions (FACT] Act of 2003 took effect January 1, 2008)' requiring entities (including utilities) to establish identity theft prevention programs; and WHEREAS, the Federal Trade Commission has adopted rules to implement this act; and WHEREAS, written procedures must identify, detect and respond to possible signals of identity theft known as Red Flags; and WHEREAS, the initial written program must be approved bythe governing body. evember1, 2888. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council hereby adopts the Information Security Program for the City of Tigard attached hereto as ExhihitA SECTION 2: This resolution is effective immediately upon passage. PASSED: This dayof 2008. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard I:\ADM\Cathy\PROJECB\ID Theft\Council Resolution 2008.doc RESOLUTION NO. 08 - Page 1 OREGON D Identity Theft j Protection Act Personal Information l . a f i E t< 4 , ~M 1 1 ne on WeMM Theft P W cf n Ad Collecting and sharing personal data is essential to all types of businesses, organizations, and government entities - small and large. Most organizations, whether public or private, gather consumers' personal identifying information such as names, addresses, credit card and Social Security numbers either manually or electroni- cally (or both) to conduct transactions and better target their products and services. However, if this information lands in the wrong hands it can be exploited by those who commit identity theft. Identity theft can cause economic havoc to both busi- ness and the public. According to the Federal Trade Commission, this crime costs U.S. businesses nearly $48 billion every year. Oregon is ranked the 13th worst in the nation for identity theft. Identity theft can be particularly detrimental to businesses that are small with limited resources. ,ova •,,\t Oregon has a new law - the Identity Theft Protection Act - that will give you clear direction and expectations to ensure the safety of sensitive data. And Oregon consumers will have more tools to protect themselves against identity theft by having the ability to place a security freeze on their credit file. Your Responsibility... You can assess and minimize the risks to your business and to consumers by following the requirements contained in the Oregon Identity Theft Protection Act passed in 2007. The law contains standards to shield Social Security numbers, notify consumers in case of a security breach, and safeguard personal identifying information. Recognizing that Oregon has a large percentage of small businesses, the components of the law can be adapted and implemented whether you have five employees or 500 employees. The Department of Consumer and Business Services is charged with enforcing these new laws as well as providing educational materials. i - A Social Security number is a person's most unique means of identification because it never changes. Unlike other identifying information, a SSN has a significant role in linking records that contain sensitive information. This unique factor is what makes a SSN so valuable to those who commit identity theft. Both the broad use of this identifier and its value have contributed to the growth of identity theft and credit fraud. r / 000. J p0-DOO , i . DOF - z Your Responsibility... The Oregon Identity Theft Protection Act prohibits individuals, government agencies, organizations, or businesses from printing Social Security numbers on any material that is mailed, unless the recipient has requested it. This does not apply to records or documents required by state or federal law such as W2s,1099s, or similar documents. The law also prohibits printing a Social Security number on a card used to access products or services, or publicly posting or displaying a Social Security number, such as on a Web site. Exceptions include records required by state or federal law; that are used for internal verification or administrative processes; or that are used to enforce a judgment or court order. Other exceptions include: • Rules adopted by the courts Copies of records possessed by a court, the State Court Administrator, or the Secretary of State Businesses or organizations that use SSNs as an account identifier should use another means to identify the consumer's account. 3 The faster a consumer knows their personal identifi- cation information has been breached, the more opportunities they have to take precautions to ensure their information is not being used fraudulently. Personal information includes a consumer's name in combination with a Social Security number, Oregon driver's license or Oregon identification card number, or a financial, credit, or debit card number along with a security code or password that would allow someone to access a consumer's financial account Your Responsibility... Those who maintain personal information are required to notify their customers if computer files containing that personal information have been subject to a security breach as soon as possible in one of the following manners: • Written notification • Electronic notice, if this is the customary means of communication between you and your customers • Telephone notice provided that you make direct contact with the affected consumer A person or company that maintains or possesses personal identifying information on behalf of another is required to immediately notify that owner or licensee of a security breach. 4 Notification to consumers may be delayed if a law enforcement agency determines that it will impede a criminal investigation. If an investigation into the breach or consultation with a federal, state or local law enforcement agency determines there is no reasonable likelihood of harm to consumers, or if the personal informa- tion was encrypted or made unreadable, notification is not required. `l Any individual, business, government agency, or organization that is subject to and complies with the notification regulations or guidance adopted under the Gramm-Leach-Bliley Act meets Oregon's notification requirements. However, if the breach involves your employees, you must follow Oregon's notification requirements. Substitute notice If you demonstrate that the cost of notifying would exceed $250,000, that the number of those who need to be contacted is over 350,000, or if you don't have the means to sufficiently contact consumers, substitute notice may be given. Substitute notice consists of • Conspicuous posting of the notice or a link to the notice on your Web site if you maintain one, and • Notifying major statewide Oregon television and newspaper media. Notifying consumer reporting agencies In the event that the security breach affects more than 1,000 consumers, the responsible person or organization must report the timing, distribution, and content of the notice given to the affected consumers to the three credit reporting agencies (TransUnion, Equifax, Experian), without unreasonable delay. 5 - NOW Dada Consumers appreciate your products and the service you provide. They also will appreciate the measures you have in place that effectively protect their personal identifying information. Lea Your Responsibility... The Oregon Identity Theft Protection Act requires you to develop, implement, and main- tain reasonable safeguards to ensure the security, confidentiality, and integrity of the information. Safeguarding also means properly disposing of information. The following steps will assist you in implementing an information security program that will help minimize breach risks. 'Assess Take inventory of all information you have on computers and files by type and location. This also includes how your business receives personal information through Web sites, from contractors, and others. Be sure you know what sensi- tive information is stored on laptops, employees' home computers, flash drives, cell phones, and personal digital assistants (PDAs). As part of the assessment, take a look at the effectiveness of existing security safeguards to see if there are any foreseeable internal or external risks with your network or the software used. 6 t Protect Lost or stolen paper documents containing personal identifying information make you vulnerable to a security breach. The best defense in securing paper documents, as well as CDs, floppy disks, zip drives, tapes, and backups, is locking them in a file cabinet or placing them in a locked room with limited access. Develop a plan for your employees outlining procedures to securely store sensitive information, including if or how devices can be taken off the premises. And ensure that sensitive information stored on laptops is encrypted. Use a firewall software to protect your computer system from attacks. r Reduce ~f.I i= ~'-f p= l If you don't have a need for certain personal identifying information, don't keep it. And don't collect sensitive consumer information, such as a Social Security number, if it's not a legitimate business need. If this information does serve a need, design a record retention plan that outlines what information must be kept, how to secure it, how long to keep it, and how to dispose of it securely once you no longer need it. I I Train a. b. Make sure employees know what personal identifying information is, know how important it is to safeguard it, and know your security program practices and procedures. Personal information includes a consumer's name in combination with a Social Security number, Oregon driver's license or Oregon identification card number, or a financial, credit, or debit card number along with a security code or password that would allow someone to access a consumer's financial account. Likewise, train your employees on notification procedures in the event of a security breach. To help spread the word, designate one or more employ- ees to coordinate the security program. Detect Regularly assess security risks by testing and monitoring key controls, systems, and procedures. In addition, look at any risk to your infor- mation storage whether it is a locking file cabinet or electronic system. This will help in quickly responding to any attacks or intrusions. When selecting outside service providers, know their capabilities in maintaining appropriate safeguards and require these safeguards in your contract with them. Destroy Protect against any unauthorized access or use of the personal identifying information you maintain and no longer need by properly destroying it. Hard copy records with sensitive information should be shred, burned, or pulverized. Any electronic records should be erased in such a way that they cannot be read or reconstructed. s The Oregon Legislature recently passed a law to encourage the recycling of electronic devices including desktop and laptop computers. Because you are responsible for safeguarding any personal identifying information that may be on an electronic device, you should first properly dispose of any electronic records that contain personal identifying information by erasing or destroying the hard drive or reach an agreement with the company collecting the equipment that it will properly dispose of the information before recycling. klue Dees on Secmng Dam According to the Oregon Identity Theft Protection Act, a security program includes the following: Administrative safeguards • Designate one or more employees to coordinate the security program. • Identify reasonably foreseeable internal and external risks. • Assess the sufficiency of safeguards in place to control the identified risks. • Train and manage employees in the security program practices and procedures. • Select service providers capable of maintaining appropriate safeguards, and require those safeguards by contract. • Adjust the security program in light of business changes or new circumstances. 9 Technical safeguards • Assess risks in network and software design. • Assess risks in information processing, transmission, and storage. • Detect, prevent, and respond to attacks or system failures. • Regularly test and monitor the effectiveness of key controls, systems, and procedures. Physical safeguards • Assess risks of information storage and disposal. • Detect, prevent, and respond to intrusions. • Protect against unauthorized access to or use of personal information during or after the collection, transportation, and destruction or disposal of the information. • Dispose of personal information after it is no longer needed for business purposes or as required by local, state, or federal law by burning, pulver- izing, shredding, or modifying a physical record and by destroying electronic media so that the information cannot be read or reconstructed. Note: Any individual, business, government agency, or organization that is subject to and complies with data safeguard regulations or guidance adopted under the Gramm-Leach-Bliley Act or the Health Insurance Portability and Accountability Act (HIPAA) does not need to develop additional processes. However, you must follow Oregon's requirements to protect your employees' personal identifying information. 10 Small Business Requirements Small businesses, defined as 200 or fewer employees in manufacturing or 50 or fewer employees in other types of business, comply with the safeguard require- ments if their information security and disposal program contains the administrative, technical, and physical safeguards and disposal measures appropriate to the business' size and complexity as well as the nature, scope of its activities, and the sensitivity of the personal information it collects. Federal Trade Commission ww,xJt:c. ()v/inf6security Department of Homeland Security's National Strategy to Secure Cyberspace tiAVVI-., hs.gov/xlil7r~rs,assc:tsltirti~~~ St:rate u,v.odi" OnGuard Online - 3 tt u An Option for Consumers The Oregon Identity Theft Protection Act also provides consumers with a proactive way to guard their personal identifying information: a security freeze. Placing a security freeze on your credit file is an effective deterrent against identity theft. All Oregonians may place a security freeze on their credit file maintained by a credit reporting agency such as Equifax, Experian, or TransUnion. Once activated, someone who has fraudulently obtained your personal identifying information would not be able to gain access to your credit file. The freeze also prevents lenders and others from gaining access to your credit report for review. Important note: Keep in mind that a security freeze will not prevent an identity thief from misusing existing credit cards and credit accounts. Before you decide to apply an optional freeze to your credit files, consider whether you ` intend to make a purchase that would require a look at your credit history. For example, if = " you plan to buy a cell phone and service, the - company will need to access your credit files to finalize the sale.'`„ y t , Obtaining a Security Freeze I To place a freeze, you must write to each of the three credit agencies. By law the agencies will freeze your file within five business days after receiving your request. 12 Cost There is no fee if a person is a victim of identity theft or has reported the theft of their personal identifying informa- tion to a law enforcement agency. To prove this you must submit a valid copy of a police incident report or a Federal Trade Commission Identity Theft Complaint Form. If you are not an identity theft victim, you still may place a security freeze but you may have to pay a fee. Each credit reporting agency may charge a fee of no more than $10. Therefore if you place a freeze with all three agen- cies, you will pay a total of $30. Important note: One security freeze does not cover everyone in a household. Spouses or partners must freeze their credit files separately. Access to Your File under a Freeze Even if you have a security freeze, some government agen- cies, law enforcement and courts, and private companies can still access your credit files. These include companies you are doing business with; companies to which you owe money; and collection agencies. "Thawing" the Freeze Consumers who place a freeze on their credit report can temporarily or permanently remove the freeze or "thaw" their file to apply for new credit. To do so, follow the procedures in the confirmation letter each credit reporting agency sent when you first placed your security freeze. A fee of no more than $10 will be charged by each agency to lift the freeze. Credit reporting agencies must lift a freeze within three business days after receiving your request. For more details on the procedures for placing and lifting a security freeze and to see sample security freeze request letters, go to www.dfcs.oregon.gov and click on Identity Theft. 13 °F o 1859 Contact: 503-378-4140 866-814-9710 www.dfcs.oregon.gov Click on Identity Theft 440-4117 (2/08/COM) .4R Of orelgon C I `I' I E S September 25, 2008 City Managers, Administrators, Recorders, Attorneys and Finance Directors, RE: Identity Theft Prevention Programs/Red Flag Rules IMMEDIATE ACTION NECESSARY The League of Oregon Cities is sending out this memorandum to explain the new Federal Trade Commission (FTC) requirements concerning the adoption of identity theft prevention programs. The Fair and Accurate Credit Transactions (FACT) Act of 2003 took effect January 1, 2008, but entities covered by the rule have until November 1, 2008, to implement programs to comply with the rule. The rule requires creditors (including utilities) to establish identity theft prevention programs for covered accounts including utility accounts. The final rule requires each financial institution and creditor that holds any consumer account, or other account for which there is a reasonably foreseeable risk of identity theft, to develop and implement an Identity Theft Prevention Program to combat identity theft. By November 1, you will need to have written procedures in place to help protect consumer identity and fight theft of consumer account information. The procedures must identify, detect and respond to possible signals of identity theft know as "Red Flags." In addition, the provisions place certain duties relating to address discrepancies upon the users of consumer reports. The address discrepancy rules may also apply to your municipality. The FTC Requirements associated with the adoption of these programs and the address discrepancy provisions for users of consumer reports may be found in the Federal Register at 72 Fed. Reg. 63771 (codified at 16 C.F.R. Part 681) The full rules, including Part 681 may be found at the following web address: http://www.ftc.gov/os/fedreg/2007/november/071109redflags.pdf. The new rules apply to all municipal utilities and other operations that provide a services for which payment is deferred until a future date. For example, when water, sewer or electricity is provided by a city and then paid for by the consumer at the end of a billing cycle, the city has extended credit for the purpose of the FTC rules. The definition of "creditor" in the rules specifically includes "utility companies" and a "covered account" is defined to include an account that a creditor "offers or maintains, primarily for personal, family or household purposes, that involves or is designed to permit multiple payments or transactions, such as a utility account." The rules outlined in Part 681 provide that each creditor that offers or maintains covered accounts must develop and implement a written program "that is designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or any existing covered account." It is 3 E . k`.4 i.; o as ie1C?I'€:: fax _ i'f 3': .i: I important to note that the program must be appropriate to the size and complexity of your organization and the nature and scope of your activities. Each municipality must follow the steps set out in the rules as it develops and adopts a program. Each city, for example, should review its covered accounts and how those accounts are opened and accessed, and evaluate previous experiences with identity theft. This will help you to tailor policies to prevent and mitigate identity theft that are appropriate for your organization. The initial written programs must be approved by the governing body by November 1, 2008. To implement the new regulations you must take the following steps: • Obtain Council approval of the initial program • Ensure oversight of program development, implementation and administration via the Council or a senior manager • Annual report to the Council or senior manager on the effectiveness of the program, an explanation of "significant events" and recommendations for program changes due to evolving risks and methods of identity theft • Train appropriate personnel to implement the program • Oversee service provider arrangements since the "covered entity" is responsible to make sure the provider has and is following a theft protection plan According to our research, experts recommend you conduct a risk assessment to determine exposure. Factors to consider are: • Number and type of covered accounts • Likelihood of damage from identity theft • Cost and operational burden in tracking Red Flags • Effectiveness of the Red Flags implemented • Appropriate response in the event a situation develops If your city has adopted policies and implemented a program to comply with Oregon's Identity Theft legislation that passed in 2007, it is possible you may already meet some or all of the requirements of this bill. Introductory portions of the Red Flag Rules summarize the elements of a program as follows: The final regulations list the four basic elements that must be included in the program of a creditor. The program (taken from 72 Fed. Reg. 6372) must contain "reasonable policies and procedures" to: • Identify relevant Red Flags for covered accounts and incorporate those Red Flags into the program; • Detect Red Flags that have been incorporated into the program; • Respond appropriately to any Red Flags that are detected to prevent and mitigate identity theft; and, 'i`^ C"~nn t3 pnS:o- ( it `f a~~~F (~op, , t • Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from identity theft. How to address discrepancies: The FACT Act requires several federal agencies (including the FTC) to issue rules to provide guidance to a user of a consumer report when the user receives a notice of address discrepancy from a consumer reporting agency. The rules regarding address discrepancies apply to a municipality if it is a user of a consumer report. For example, the rules would apply to your city if you request a report from a consumer reporting agency and that agency finds a substantial difference between the address you provided to the agency and the address the agency has in the consumer's file. The agency would then provide a "notice of address discrepancy" to you, reporting the inconsistency between the two addresses. The policies are to describe reasonable policies and procedures that a user of a consumer report should employ to determine if it knows the identity of the consumer for whom the report applies, if it receives a notice of address. It should also include a procedure for reconciling the address of the consumer with the credit reporting agency, if the user has a continuing relationship with the consumer and in the regular course of business they furnish information to the agency (72 Fed.Reg.63735). Other useful links include: http://www.ftc.gov/bcp/edu/pubs/business/alerts/alt050.shtm http://ftc.gov/opa/2007/10/redflag.shtm http://www.ftc.gov/bcp/conline/pubs/buspubs/-safeguards.shtm http://www.ftc.gov/privacy/privacyinitiatives/safeguards Ir.html http://www.ftc.gov/privacy/-privacyinitiatives/financial rule Ir.html We hope this information is helpful. Jennie Messmer LOC Member Services Director Agenda Item # Z, S. a- Meeting Date October 28, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Consider Awarding a Contract for the Construction of the Senior Center Garden Room Prepared By: Brian Racer Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board award the Senior Center Garden Room construction contract to Cedar Mill Construction and authorize the City Manager to execute the contract? STAFF RECOMMENDATION Staff recommends the Local Contract Review Board award the Senior Center Garden Room construction contract to Cedar Mill Construction. KEY FACTS AND INFORMATION SUMMARY ■ In 2006 Loaves and Fishes, the Senior Center Site Committee, City staff and the City Council identified Senior Center improvements. The improvements were ultimately divided into two phases. ■ The initial improvements, completed in June 2008, included constructing a new library room, remodeling the kitchen and bathrooms, upgrading the loading dock, electrical, interior and exterior lighting, and offices, and re- striping the parking lot. ■ The second phase of the improvements involves the construction of a single story addition to the back of the Senior Center. Referred to as the "Garden Room," the addition will feature vinyl flooring, a long work counter, deep well sink, and many windows to accommodate year-round gardening. The space will also serve as multipurpose room. ■ The roof of the Garden Room will be tied to the existing second story dining room and will function as a deck that can be used for outdoor seating. ■ The City advertised the Garden Room project through an Invitation to Bid and received proposals from 14 contractors: Bidder Bid Amount Bidder Bid Amount Engineer's Estimate $205,000 Keltec Builders $252,800 Cedar Mill Construction $180,000 Me Pacific $244,500 Centrex Construction $200,000 MV We den $223,500 CM Construction $183,300 Rich Duncan $211,986 Columbia Cascade $187,000 Unican Corporation $219,900 Columbia General Contractors $210,078 Wolf Industries $181,900 First Cascade $214,734 Woodburn Construction $246,600 Interwest Construction $199,725 ■ The lowest bid for the project was received from Cedar Mill Construction in the amount of $180,000. Therefore, staff recommends the Senior Center Garden Room construction project be awarded to Cedar Mill Construction. OTHER ALTERNATIVES CONSIDERED The LCRB could chose not to award this contract to Cedar Mill Construction and could direct staff how to proceed with Phase II of the Senior Center improvements. CITY COUNCIL GOALS None ATTACHMENT LIST None FISCAL NOTES There is $258,459 budgeted for the Garden Room project in the FY '08-'09 Facilities Capital Improvement Program Fund. Along with the $180,000 in construction costs, the City will also need to pay for permitting and consulting services. The remaining $78,459 should be more than sufficient to cover these costs. Staff anticipates the City may be reimbursed for up to approximately $145,000 of the project costs through a Community Development Block Grant. Agenda Item No. Meeting of 0 ct . P 9, A00 ~ LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Contract Award - Construction Documents and Permitting Services for Lower Faring Creek Park Prepared By: Phil Nachbar Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall Council award a professional services contract to Walker Mary to produce construction documents and provide permitting services for Lower Fanno Creek Park? STAFF RECOMMENDATION Approve a contract award in an amount not to exceed $260,000 to Walker Mary for construction documents and permitting for Lower Fanno Creek Park. In addition, staff recommends the City Manager be authorized to execute die. agreement. KEY FACTS AND INFORMATION SUMMARY In February of 2008, the City Center Development Agency adopted by resolution the Fanno Creek Park & Plaza Master Plan for use in providing direction for further implementation. The master plan includes both the larger Lower Fanno Park and the Downtown Plaza. The Lower Park supports the Downtown Plaza as a catalyst project and builds on the 'green theme' integral to the Downtown Improvement Plan. Like other scheduled infrastructure improvement projects in Downtown such as the Commuter Rail station, and the reconstruction of Burnham Street and Main Street, the Lower Park provides attractive amenities which will support new investment and begin to create a pedestrian based place for the community to use. Staff is proceeding with implementation with the goal of starting construction of Phases 2 A / 2B of Lower Fanno Creek Park in the spring of 2009 (see attachment 1). Before a bid for construction can be issued, final construction plans and permits need to be obtained: There were 3 responses to the request for proposals including Walker Macy, Greenworks, and NW Engineers, LLC. Walker Mary was the selected consultant team that includes Pacific Habitat for permitting, KPFF for structural, Ash Creek Associates for geotechnical, and ACC for cost estimating. The Walker Mary team provided the strongest team, relevant experience, and lowest cost of services. Walker Macy was the firm which produced the master plan and its team includes staff from the original team to ensure the continuity of the design. It is anticipated that the Lower Park will be constructed in 3 to 4 phases depending on funding availability. OTHER ALTERNATIVES CONSIDERED None. I:\LRPLN\Phil\Council Meetings 2008\10-1408 LCRB AIS Contract Award - Construction Document & Permitting Services.doc 1 CITY COUNCIL GOALS Goal 3: Implement the Downtown Urban Renewal Plan. ATTACHMENT LIST Attachment 1: Lower Fanno Creek Project Boundary Phases. FISCAL NOTES The cost of the project is estimated at $260,000, but will be negotiated in the final contract. Funds are currently budgeted for this project. 1:\LR1'LN\Phi1\Counci1 Meetings 2008\10-1408 LCRB AIS Contract Award - Construction Document & Pemvtting Services.doc 2 ATTArtiMENT ? Low(lr Fanno Creek Park Project Botmda-ii,- Phases t . o' i I 4 i ..>e v ipd a' . t t " r p Agenda Item #.,.~o G Meeting Date October 28, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Contract Award for Design Services on the Greenburg Road/Highway 99W/Main Street Intersection Project-Phase 2 p Prepared By: AP Duenas Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board, by motion, approve a contract award of $598,719.87 to WHPacific, Inc., to provide design services for Phase 2 of the Greenburg Road/Highway 99W/Main Street intersection Improvement Project? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve a contract award to WHPacific, Inc., in the amount of $598,719.87 to complete the design work on the project ready for bids, and authorize an additional amount of $59,871.99 to be reserved for contingencies and applied as needed as the design project progresses towards completion. The total amount committed to the project is therefore $658,591.86.00. KEY FACTS AND INFORMATION SUMMARY • Phase 1 of the Greenburg Road/Highway 99W/Main Street Intersection was awarded to WHPacific on November 27, 2007. WHPacific is one of the three engineering consultants under contract with the City to perform civil engineering design services on an as-required basis. This phase was to bring the design project to 50% completion, and to determine the effort required to complete the project design ready for bid. Phase 1 ($349,910.11) was initiated through a work order agreement with the intent for Phase 2 to follow upon substantial completion of the first phase. • Phase 2 continues the project design to 100% completion. It will identify and describe all the rights-of-way needed for the intersection improvements, and provide sufficient documentation to obtain ODOT (Oregon Department of Transportation) approval of the project design for construction. It takes into account the level of effort and time needed to obtain those approvals based on experience with the Hall Blvd/99W intersection project. The ODOT design review process is often lengthy and typically involves numerous submittals and resubmittals, frequent design review meetings, and preparation of supporting documents to respond to review comments as part of the process. It includes the effort needed to obtain design exceptions from ODOT, access management review, design alignment review and retaining wall design costs. This phase also includes pre-bid and pre-construction services leading to award of a construction contract for the improvements. • If approved, Phase 2 will also be awarded through another work order agreement in the amount of $598,719.87. • The original estimate for both phases was $723,931.00 based on the conceptual design provided to the consultant before the design work began. The actual expenditure to date for Phase 1 is $247,755.00 with approximately another $10,000 needed to completely finish that phase. The final estimated amount for Phase 1 is therefore $258,000, which is $91,910.11 less than the contract amount. This amount is applied towards Phase 2 resulting in a revised total estimated project design cost of $856,719.87. The estimated amount for Phase 2 is based on 50% design documents and includes much more detail than originally available prior to commencement of design. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS "Pursue opportunities to reduce traffic congestion in Tigard." ATTACHMENT LIST Project location map FISCAL NOTES The contract award will be funded through the City Gas Tax funds specifically established for this project. $1,150,000 is approved in the FY 2008-09 CIP Budget. This amount is sufficient to award a contract in the amount of $598,919.87 for Phase 2 of the project, and to reserve an additional amount of $59,871.99 as contingency to be applied if needed. is\eng\gus\council agenda summaries\contract award for phase 2-greenburg road-99w-main street design services ais.doc Cathy Wheatley From: Gus Duenas Sent: Monday, October 27, 2008 4:56 PM To: Councilmail Councilmail; Craig Prosser Cc: Joanne Bengtson; Tom Coffee; Mike McCarthy; Cathy Wheatley Subject: Greenburg Road/99W/Main Street Phase 2 Design Contract Attachments: Agustin P Duenas P E vcf; image001.jpg Mayor Dirksen and Councilor Nick Wilson requested that the item be pulled from the consent agenda for public discussion. Mayor Dirksen requested that a representative from ODOT and one from the consultant, WHPacific, be present to answer questions. Wayne Bauer from WHPacific (the consultant project manager) can come tomorrow night. Sam Hunaidi from ODOT has not yet responded. If both can make it, we can discuss it at the business meeting tomorrow. As I mentioned previously, ODOT has not reviewed this project yet. However, they have seen the drawings and know what will be involved in the approval process. If ODOT cannot, or is reluctant to send a representative at this short notice, we'll have to reschedule it for the next meeting (November 251h, if it isn't too heavily loaded yet). I should know by tomorrow and will let you know if an ODOT rep can be present. Agustin P. Duenas, P.E. `j I Gi" 41 of Tigard City Engineer (5113)'3~ 2~~3`,:csrit (5'13) 969--is mobi e g„S`e5card-or.co+.v j :3125 S%~i Hall Boulevard Tigard. Oregon 97223 I baard-or,aov 1 Cathy Wheatley From: Nick Wilson [Nick@atlas-la.com] Sent: Monday, October 27, 2008 1:21 PM To: Councilmail Councilmail Cc: Craig Prosser; Gus Duenas Subject: Consent Agenda for Tomorrow Attachments: image001.]pg Gus, Regarding tomorrow's consent agenda item 3.5c, the Contract Award to WH Pacific for the Greenburg Rd/99 intersection design, I have some questions. The way I figure it, the total anticipated design cost is anticipated to be about $850,000 for a project anticipated to cost about $4.65 million (from CIP total cost of $5.5 million minus design cost). That would mean that the design costs are a little over 18% of the construction budget. Isn't that rather high? Also it cost about $100,000 less than anticipated to get to 50%. But it appears that it will cost an additional $200,000 to get the rest of the way. In the Key Facts and Information Summary section, you anticipated the question as to why, if the first phase was simpler than expected, the second phase will be more complicated. You cited the additional difficulties of dealing with ODOT: "The ODOT design review process is often lengthy, and typically involves numerous submittals and re-submittals, frequent design review meetings, and preparation of supporting documentation to respond to review comments as part of the process. It includes effort needed to obtain design exceptions from ODOT, access management review..."etc. We have already levied an ADDITIONAL local-tax on ourselves to pay for an improvement to ODOT's facility because the taxes that we already send to ODOT is spent elsewhere in the state on facilities that are far less congested. Then to add insult to injury, it would appear that we are spending an additional $200,000 than it would otherwise cost us to do this project because of ODOT bureaucracy. Is this a fair statement? It's our money, why don't they just graciously accept it and get the hell out of the way? The statement about approval of design exceptions is particularly disturbing. Didn't we just complete a study of the entire corridor that includes the conceptual design of this intersection? Didn't they direct the entire process? What exceptions are we talking about? Nick Wilson Atlas Landscape Architecture 320 SW 6th Avenue, Ste. 300 Portland, OR 97204 (503) 224-5238 1 Agenda Item # Meeting Date October 28, 2008 LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Amend Contract for Recruitment Services to Include Accounting Su ervis Position Prepared By: Toe Barrett Dept Head Approval: City Mgr Approval: _ V) - - 04(~ ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD Shall the Local Contract Review Board approve the award of an amendment to the City's contract with Waldron & Company to include recruitment services for the vacant Accounting Supervisor position? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board approve this amendment under Tigard Public Contracting Rule 10.075.B. and further authorize the City Manager to execute an emergency purchase in effort to ensure minimal disruption to City business. KEY FACTS AND INFORMATION SUMMARY The City's Financial Operations Division has been operating with vacancies in three key positions for the past several months. One of those is the Accounting Supervisor position. A recruitment process for this position was recently conducted and resulted in the hire of a very qualified applicant. Unfortunately, the individual decided at the last moment not to accept the position which requires a new recruitment process. The City entered into an executive recruitment services agreement with Waldron & Company for the Director of Financial and Information Services and Community Development Director positions. Both recruitments are progressing in a timely fashion and the City is pleased with the work of Waldron & Company. As such, staff recommends adding the Accounting Supervisor position to the Waldron & Company agreement in order to expedite the recruitment and expand the candidate pool. Under Public Contracting Rule 10.075.13, only the Local Contract Review Board may authorize a contract amendment in excess of 25% of the original contract. As this addition to the contract of $18,750 is higher than a 25% increase of the original contract, staff requests the Local Contract Review Board approve the amendment. Staff also requests the Local Contract Review Board authorize the City Manager to declare this amendment an emergency purchase in order to minimize disruption of City business due to the number of vacancies in the Financial Operations Division. OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS None. ATTACHMENT LIST None. FISCAL NOTES The cost of this amendment is $18,750 and will be funded through the salary savings of the Accounting Supervisor position remaining unfilled through December 2008. Agenda Item # Meeting Date 10/28/2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide ZCA2008-00003/Cach Annexation Prepared By: Gary Pagenstecher Dept Head Approval: ~ City Mgr Approval: i ISSUE BEFORE THE COUNCIL Shall City Council approve annexation of two parcels containing 1.43 acres of land (Zone Change Annexation - ZCA2008-00003) to the City of Tigard? STAFF RECOMMENDATION Staff recommends adopting the proposed ordinance annexing the proposed territory to the City of Tigard. KEY FACTS AND INFORMATION SUMMARY The proposed annexation includes two (2) parcels totaling 1.43 acres. The parcels are located in the Bull Mountain area, contiguous to the previous Cach Creek Area Annexation (ZCA2006-00002). The subject parcels are contiguous to the City on all sides and constitute an island of unincorporated Washington County territory within the City. Tax Lot 101 contains a single-family dwelling and outbuildings; Tax Lot 300 is vacant. The subject property is gently sloped with sparse trees with significant habitat areas overlaying portions of both parcels. Based only on property size, the estimated maximum density of the parcels is 10 residential units. Water, sewer, stormwater, street maintenance, police and fire protection services are available to serve the property if developed to its maximum density. Christopher and Sheri Cach, owners of the subject parcels, have petitioned for annexation. Christopher and Sheri Cach are the only registered voters within the proposed annexation area. Therefore, 100% of property owners and 100% of the registered voters have petitioned for annexation. The City is authorized by ORS 222.120 to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. Applicable review criteria, procedures and policies for the proposed annexation are included in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1 (Updated Version); Goal 11.1, Policy 4 (Updated Version); Goal 11.3, Policy 6 (Updated Version) and Policy 10.1 (Non-updated Version). Key Findings: 1. The proposed territory is an island located within the Tigard City Limits; 2. Urban services are available to serve the subject parcel; 3. The owners of the subject parcels have consented to the annexation; 4. The proposed territory is within Tigard's Urban Growth Boundary and Metro's Urban Growth Boundary; and 5. The proposed territory is within Tigard's Urban Service Area and Area of Interest. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS N/A ATTACHMENT LIST Attachment 1: Proposed Ordinance Annexing 1.43 Acres Exhibit A: Legal Description of the Subject Parcels Exhibit B: Survey Map for Subject Parcels Exhibit C: Vicinity Map of the Subject Parcels Exhibit D: Applicant's Petition to Annex Exhibit E: Staff Report to the City Council dated 10/8/08 FISCAL NOTES On March 25, 2008 City Council voted to extend the offer of incentives to property owners who voluntarily annex to the City of Tigard before February, 2009 (Resolution 08-12). The incentives include waiver of the City's annexation application fee, phasing-in of City property taxes over a period of three years, waiver of the City's pre-application conference fee, and City payment of the Metro mapping/ filing fee. If approved, the proposed annexation territory would be transferred to the City's tax roll on July 1, 2009. Annexations must be final by March 31 of the same calendar year for the tax year beginning July 1. Cach Annexation Agenda Item #4 - October 28, 2008 Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures A copy of the rules of procedure for today's hearing is available at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website and a paper copy of the staff report has been available in the Tigard Public Library for the last seven days. The Council's role in this hearing is to make a land use decision under existing laws. The Council cannot change the law for the land use application now under consideration. Any person may offer testimony. Please wait until you are asked to speak by the Mayor and try to limit your remarks to the application standards for the application. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict, the Council member will not participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts, such as from a visit to the site in question. A Council member who describes ex parte contacts or independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts, any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Tonight, City staff will summarize the written staff report. Then the parties requesting annexation and those in favor of the proposal testify. Next witnesses who oppose the application or who have questions or concerns testify. If there is opposition or if there are questions, the proponents can respond to them. The Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, including any rebuttal, the proponents can make a closing statement. After the record is closed, the City Council will deliberate about what to do with the application. During deliberations, the City Council may re-open the public portion of the hearing if necessary to receive additional evidence before making a decision. You may testify orally or in writing before the close of the public record to preserve your right to appeal the Council's decision to the Land Use Board of Appeals. You should to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal on that issue. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. Please refrain from disruptive demonstrations. Comments from the audience will not be part of the record. The point is, come to the microphone to get your comments on the tape, otherwise, they won't be preserved for appeal. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, spelling your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want us to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask them to return your exhibits. I:\ADM\Cathy\CCA\quasi judicial rules of procedure\Rules of Procedure - City Attorney Q.I Statement - Cach Annexation - October 28, 2008.doc AGENDA ITEM No. 4 Date: October 28, 2008 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN- UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: ZONE CHANGE ANNEXATION/ (ZC"'A) 2008-00003 CACH XATION REQUEST: The applicant's requests approval to annex two (2) parcels totaling 1.43 acres to the City of Tigard. The proposed annexation does not include any development plans. The subject property is an island of unincorporated land surrounded by the City of Tigard, with land owned by the City on the west and south and private land on the north and east. LOCATION: 15170 SW Sunrise Lane; Washington County Tax Map 2S 105DC, Tax Lots 00101 and 00300. COUNTY ZONE: R-6 District Residential 6 Units Per Acre The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunityfor more flexibilityin development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The City of Tigard R 7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Due to Time Constmints City Council May Impose A Time 'Limit on Testimony I/ADM/Cathy/CCSignup/QJPM81028 AGENDA ITEM No. 4 Date: October 28, 2008 PLEASE PRINT Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # Meeting Date October 28, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title: Finalization of Sanita Sewer Reimbursement District No. 38 SW Fairhaven Street Prepared By: Greg Berry Dept Head Approval: ~G- City Mgr Approval: ISSUE BEFORE THE COUNCIL Finalize Sanitary Sewer Reimbursement District No. 38, established to construct sanitary sewers in SW Fairhaven Street. STAFF RECOMMENDATION Approve, by motion, the proposed resolution finalizing Reimbursement District No. 38 as modified by the Final City Engineer's Report. KEY FACTS AND INFORMATION SUMMARY • Council approved the formation of Reimbursement District No. 38 by Resolution No. 08-05 on February 12, 2008 following an informational hearing. Since then, construction of the improvements has been completed and final costs have been determined. The final actual cost of the project is $245,653, which is less than the $392,540 originally estimated. The difference between the estimated and actual costs is primarily in the result of the contract award amount for construction being less than estimated. The City Engineer's Report has been revised accordingly. On October 10, 2008, notices of the hearing to finalize the district were mailed to owners within the district. No responses to the notices were received. • This Reimbursement District installed sewer service to 22 lots along SW Fairhaven Street from SW 110`h Avenue to SW 115`'' Avenue. The property owners must reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each property owner must pay a connection fee, currently $3,135, and is responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. The sewer connections are available should property owners need to connect. Owners will not be required to pay any fee until they connect to the sewer. • Each owner has been notified of the hearing by mail. The notice, mailing list and additional details are included in the Final City Engineer's Report attached as Exhibit A to the proposed resolution. • If Council approves this request to finalize the Reimbursement District, owners within the district will be notified that the sewer is available for connection. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS The proposed Reimbursement District furthers Goal No. 2, Complete the update the Comprehensive Plan, by providing areas with septic systems with sewer service as required by the Plan. ATTACHMENT LIST Attachment 1- Proposed Resolution Exhibit A, Final City Engineer's Report Exhibit B, Map Attachment 2- Resolution No. 08-05 with Exhibits A, B (8 pages) Attachment 3- Vicinity Map Attachment 4- Notice to Owners Attachment 5- Mailing List Attachment 6- Resolution No. 01-46 Attachment 7- Resolution No. 03-55 FISCAL NOTES The contract for construction of this project was awarded by City Council on March 25, 2008. The cost of constructing the downstream portion of the line across private property to the existing sewer was not allocated to the reimbursement district. The awarded contract included $217,588.80 for completion of the sewer lines to be paid by the district and $59,904.00 for the downstream portion for a total of $277,492.80. The largest changes to the work quantities as bid included $1,968 for additional cleanouts at service connections and a deduction of $2,750 for the deletion of a bid item to remove a portion of an existing storm drain. The final cost of constructing the portion of the project to be paid by the reimbursement district is $216,434. The final actual cost of the project is $245,653. This amount includes the final cost of construction, $216,434, plus $29,219 for administration and engineering as defined in TMC 13.09.040(1). The project was originally estimated to have a total cost of $392,540. The lesser actual cost was largely the result of the contract award amount for construction being less than estimated. The portion of the final costs assigned to each owner is tabulated in Exhibit A of the attached proposed resolution. The cost to each owner under the Incentive Program established by Resolution No. 01-46 is also shown. Funding is by unrestricted sanitary sewer funds. i:ten012007-20081y cipVairhaven ss reimbursement dist # 38 & 110th dist # 43VinatizationVeim dist 38 ais.doc O..DZ ?SS~'Sp ~ ~ ~ = ~ /ps~ GS I I i i IT1 pp ~y ~ c~ "s • • S ~-0 Op4L~ Q (D D 5TH AVE 135 0 v 136'' 2S1 30 t 11 T 0 o A, C06 Q + ?`s/ Sty 1'~,Q 8p3 q O D ~u m pTy - 1 rr► P op 71445 GUST Q oW Z S 'Tl 2S1 306( h~q ~ov 0) ~-4 a- 84~v D 1s ~0 Zrr1 (P 3? S S O~`,~, t ?S 431y 1S~/C' 114 ~q,~ S1p k FR , OC, T0 1S S fiS y. SOOpQeTy pp ti ~ p q`F 2S1 3~q R ggNNF m 11 9LF 0008 ~~N OS (f) r, 5 . c ~ ~ ~ 4TH AVE ,,3~- -a sh, Topt, r~ 7D 13 ,3630 tLQT ~y 2S1 p3 c o~'q C r i co 6> ?S/ Sty 9/y 806 1 rn 2 O S/~' 0 7 q6 _ X -1 ST0S0 ~gS I OC'o ~T 1134 O rrl Z-1 tl~ co Cpp,y 09 9L~ S S /fj~ Z 1p ELF l _ ~ 2S103 oco 10q 1 o t!1 o814FN S - rJ Z~-1 ?90 ?SS~~'G OS 0s S q0 70 0 t s'Oao y ti I °COs ~s~p~'~q RNs Cp q y 0~9L 0C Hq G7 08 Fti , ~~Fti op;1 ~FN 7 W 00 r, ° \ \ 1126S F~ARHAVEH ?s ~ fi`'~orL q z CT y 1030 oyq ~~N os-+ 816 S co ,h oc Z / ,A, oGi~ ~ O~v 11225- 8C! q R41V ro'1'p~ ~2 y~ SEE EXHIIT 13 (P2) FAIRHAVEN STREET-REIMBURSEMENT DIST NO. 38 FY 2007-08 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE SW 1 /4 SECTION 3 T2S R 1 W W.M. Poo CL m FAIRHAVEN ST F= S~ pS~ ~ 2 J JF- , i w S~ 00 W - \,3oo 2Sp~ ~ MORP ~0~ ~~1 S~ 00 1~62~51p~Op - - - - I FAIRHA V N 110TH A VE NOTE: All properties in the reimbursement EXHIBIT B (p2) district are zoned R4.5 & R3.5 NTS Attachment 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 08- 05 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38 (SW FAIRHAVEN STREET) WHEREAS, die City has initiated the Neighborhood Sewer Extension Program fb extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the property owners of proposed Sanitary Sewer Reimbursement District No. 38 (SW Fairhaven Street) have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050 ; and WHEREAS, die City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, die estimated costs, a method for spreading the cost among the parcels within die District, and a recommendation for an annual fee adjustment-, and WHEREAS, die City Council has determined that the formation of a Reimbursement District as recommended by tie City Engineer is appropriate. NOW, THEREFORE, BE IT RESOLVED by tie Tigard City Council that: SECTION 1: The City Engineer's report tided "Sanitary Sewer Reimbursement District No. 38," attached hereto as Exhibit A, is hereby approved. SECTION 2: A Reimbursement District is hereby established in accordance widi TMC Chapter 13.09. The District shall be the area shown and described in Exhibit B. The District shall be lmown as "Sanitary Sewer Reimbursement District No. 38." SECTION 3: Payment of the reimbursement fee, as shown in Exlhibit A, is a precondition of receiving City peLmits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4: An annual fee adjustment,, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5: The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at dieir last la-lown address, in accordance with TMC 13.09.090. SECTION 6: This resolution is effective immediately upon passage. RESOLUTION NO. 08 - 05 Page 1 f4L PASSED: This J day of -e ZOOS. i ~ r Ma r City of Tigard ATTEST: rLQ City Recorder - City of Tigard 1.%cnonn7-"w ly dp slaw- v mWftmement dLVJW0nnalJaM=-O8 mtm du 7E ms.doe - RESOLUTION NO. 08 Page 2 Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 38 (SW Fairhaven Street) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program, the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner would pay a connection fee, currently $2,835, and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic systems according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area - Zone of Benefit Serving the 22 lots in die following table will require the connection to an existing sewer along a creel: west of SW 110th Avenue. Lines from the existing sewer will be extended east to serve three lots along SW 110th Avenue and west to SW 115th Avenue to serve 19 lots. Although die proposed sewer passes along the frontage of 13575 and 13615 SW 115th Avenue, these two lots are not included in the proposed Reimbursement District. The house at :13575 SW 115th Avenue is currently connected to a sewer at the back lot line and a permit has been issued for the connection of 13615 SW 115th Avenue to the line as well. The proposed project would provide sewer service to a total of 22 lots within the proposed reimbursement district as shown on Exhibit Map B. Cost The portion of sewers nearest to due connection to the existing sewer passes through areas to the east and west where services are not provided. The estimated cost of $120,027 for this portion of die sewer is not proposed to be allocated to the Reimbursement District. The estimated construction cost for the remaining portion of the sanitary sewer to provide service to the 22 lots is $300,739. Engineering and inspection fees amount to $46,690 (13.5%) as defined in TIVIC 13.09.040(1). The estimated total project cost is $392,540. This is the estimated amount tlhat should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of tie total amount. However, die actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property= owner will be required to pay a connection and inspection fee, currently $2,835, upon connection to the public lie. ExhibitA Page I of4 I All owners will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate Eighteen of the properties within the district are zoned R-3.5 while four of the properties, west of SW 1141h Avenue, are zoned R-4.5. The lots are similarly developed but vary in size from about 15,000 to 17,000 square feet as can be seen in the following list of lots. Therefore, it is recommended that the total cost of the project be divided among the properties proportional to the square footage of each property. Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's estimated fair share of the public sewer line is $1.13653134 per square foot of lot served. Each owner's fair share would be limited to $6,000, to the extent that it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01-46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed, as provided by Resolution No. 03-55 (attached). Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that die reimbursement district continue for fifteen years as provided in Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after die formation of the reimbursement district, properties connecting to the sewer would no. longer be required to pay the reimbursement fee. Submitted January 29, 2008 tin P. Duenas, P.E. City -ngineer Exhibit A Pa-e 2 of 4 FAIRHAVEN STREET DISTRICT NO. 38 Estimated Cost to Property Owners January 2B, 2008 ESTIMATED AMOUNT THAT OWNER SITE ADDRESS TAX LOT ID AREA (S.F.) AREA (AC) ESTIMATED AMOUNT TO BE PAID AMOUNT TO BE PAID CAN BE REIMBURSEMENT FEE BY OWNER BY CITY DEFERRED BY OWNER 1 ADKINS, KATHRYN J TR 11305 SW FAIRHAVEN ST 2S103D000815 15554.52 0.357 517,678 58,678 59,000 52,678 2 BURMAN, RAYMOND N & JUDY L 11225 SW FAIRHAVEN ST 2S103D000817 16997.32 0.390 S19.318 510,318 $9,000 54,318 3 CUMMINS, ROBERT J & DIANE G 11310 SW FAIRHAVEN 2S103D000822 15836.29 0.364 517,998 $8,998 $9,000 52,998 4 GRANT, JOHN & KRISTEN 11270 SW FAIRHAVEN CT 2S103D000820 16982.90 0.390 519,302 570,302 59,000 $4.302 5 GUSTAFSON, JOHN A & MARY P 11445 SW FAIRHAVEN ST 2S103D000804 15016.00 0.345 $17,086 58,066 $9,000 52,066 6 HALDORSON, LELAND K 11250 SW FAIRHAVEN CT 2S103D000819 16723.11 0.384 519,008 $10,006 $9,000 54,006 7 HAMILTON, LARRY D & MARY JO 11290 SW FAIRHAVEN CT 2S1030000821 16889.16 0.388 $19,195 $10,195 59,000 S4,195 8 HANSEN, LAURENCE LEE 10965 SW FAIRHAVEN ST 2S103D000409 16588.65 0.380 $18,831 $9,831 59,000 $3,831 9 HOEFER, ROLAND ISH & ALTA L 13575 SW 114TH AVE 2S103D000811 15003.04 0.344 $17,051 $8.051 $9,000 $2,051 10 KAKESAKO, RANDALL M & KATHLEEN N 13635 SW 114TH AVE 2S103D000808 15003.03 0.344 $17,051 58,051 $9,000 $2,051 11 KLUMP, KENNETH B 11345 SW FAIRHAVEN ST 2S103D000814 15555.00 0.357 517,679 $8.679 $9,000 $2.679 12 JAMES, SUZANNE 11415 SW FAIRHAVEN ST 2S103D000805 15014.47 0.345 $17,064 $8,064 $9,000 $2,064 13 MBOUSYA. LUC RENE & DELPHINE AU 13655 SW 115TH AVE 2S103CD00500 15063.98 0.346 $17,121 $8,121 $9,000 $2121 14 MCCOLL, LEE & NANCY L 11265 SW FAIRHAVEN ST 2SI03D000816 15558.05 0.357 $17,682 $8,682 $9,000 $2,682 15 MELLA. JOSE LUIS ESPINO & AMY ESPINO 10960 SW FAIRHAVEN ST 251030000410 15426.27 0.354 S17,532 $6,532 59,000 $2,532 16 MILLS, ROBERT W & [RENE C 13530 SW 115TH AVE 2SI03D000803 15016.79 0.345 S17,067 $8,087 S9,000 52,067 17 MORALES, SADIE C & RAYMOND K 13620 SW 110TH AVE 2S103D000411 17293.12 0.397 $19,654 $10.654 59,000 $4,654 18 RIVERA, EUSEBIO E & SHIRETTA 13610 SW 115TH AVE 2S103D000807 15003.04 0.344 $17,051 $8.051 59,000 52,051 19 SICKLES. DANIEL J 13670 SW 114TH AVE 2S103D000810 15003.79 0.344 517,052 $8,052 $9,000 $2,052 20 STREALY, GARY C 11230 SW FAIRHAVEN ST 2S103D000818 15859.36 0.364 $18,025 $9,025 $9,000 $3,025 21 TOPF, PAUL J & CHRISTA M 11385 SW FAIRHAVEN ST 2S103D000806 15012.93 0.345 S17,063 $8,063 59,000 S2,063 22 WATANABE, FREDERIC H 13630 SW 114TH 2S103D000809 15003.04 0.344 $17,051 $8,051 59,000 $2,051 Totals 345384 7.93 $392,540 $194,540 $198,000 $62,540 Except for the amount of $9,000 to be paid by the City, all the fees are estimated at this time. The final fee to be paid by each property owner will be determined once the construction is complete and final costs are recalculated to reflect actual project costs. The final fee will be specified in the City Engineers report, which will be submitted to City Council for approval upon completion of the construction. The amount that each owner will be required to pay is limited to $6,000.00 for connections completed within three years of City Council approval of the final cost. In addition to $6,000, owners will also be required to pay any fair share amounts that exceed $15,000.00. The reimbursement fee of $9,000.00 (the difference between $15,000.00 and $6,000.00) would be paid by the City if connections are made within the first three-year (the fee is shown In the "Amount to be paid by the City" column). Consequently, the total estimated amount responsible by each property owner is shown under the "Estimated Amount to be paid by Owne' column. However, payment of the amount in excess of $15,000.00 may be deferred until the owners lot is developed. Owners will also be required to pay a connection fee, currently $2,835.00, at the time of connection to the public sewer. In addition, owners are responsible for disconnecting their existing septic systems according to Washington County rules and for any other modifications necessary to connect to the public sewer. Owners are not required to pay any fees until they decide to connect. Ref: Resolutions 01-46 and 03-55 PAGE 3 OF 4 FAIRHAVEN STREET DISTRICT NO. 38- Estimated Cost to Property Owners Summary January 28, 2008 Portion of total estimated construction cost _ allocated to the reimbursement district $_3.00,739 _ 15% contingency (construction) $45,111 Estimated construction subtotal $345,850 - 13.5% contingency (Admin & Eng) $46,690 Total project costs $392,540 Total area to be served (S.F.) 345,384 Total estimated cost per S.F. to property owner $1.13653134 PAGE 4OF4 'a SS`s ` ~ lt- O `~Co?,sty , S 0 (D 15TH p,VE '3s3° Mi44 N CD o '3s 2S7 3 lid, 2'a °°8°3q G a s'°3o j7s9 _ - _ _ - f Z OZ 1~1 71,1 c O co -;o ' 60'-~F 4'~ SwSrgF cn - 2S7°3Qa 384N Z T'' 70 v' ~ ~sT 3 1 0~°~8~~ ~1 ass 3Oq RHq~MF ~ ~ C~T~ 41H AVM ''3$s S~ roAF N rn ,156.3 ~ ~ 2S7o3Q~ ~Hq LFN0-1 ~ s rq ~=°s X rn CA >0 ` sCk~~c\S 173 - - - / ' --A ild N co °0°asjti s°9 ~ ' ?SSQ V, U' L _ ° ~ Il - Z 3QC Qa;4 ~ S _ ~ Z Ln J j''~sa Lo Co~(71 U4 08 Lci`,y , y S o 112SS- M o F ARC p,~ EN ~S7 3aq, - a z CT °°01 s cD9 y Gj N ` a ` 17, SSgR do Al % cb C06,61 ~M S E EXWtiT B CP 2~ SE FAIRHAVEN STREET-REIMBURSEMENT DIST NO. 38 FY 2007-08 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE SW 1 /4 SECTION 3 T2S R1 W W.M. CL M FAIRHAVEN ST ^ DES P~ i e.. MORP 10~ X11 S~ 00 ° 1~622510~° ~ - - - - FAIRHA Vt N 110TH A VE , NOTE: All properties in the reimbursement EXHIBIT B (p2~ district are zoned R4.5 & R3.5 NTS Attachment 3 FAIRHAVEN STREET-REIMBURSEMENT DIST NO. 38 FY 2007-08 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE SW 1 /4 SECTION 3 T2S R1 W W.M. 0 ~ G ~ ~ m oG r W o ~ Z N A~ A N ST Z h Nt VIL N GARDEN A p VICINITY MAP NTS Attachment 4 October 10, 2008 Tt,=; `u A City of Tigard NOTICE of PUBLIC HEARING Tuesday, October 28, 2008 7:30 PM Tigard Civic Center Town Hall The following will be considered by the Tigard City Council on October 28, 2008, at 7:30 pm at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Capital Construction and Transportation Division at 13125 SW Hall Blvd., Tigard, OR 97223, or by calling 503 718-2468. INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38 (SW Fairhaven Street). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District No. 38 formed to install sewers in SW Fairhaven Street. Each property owner's recommended fair share of the public sewer line is $0.71124645 per square foot of the lot served as shown on the enclosed list. For owners with a fair share amount of $15,000 or less, the owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution No. 01- 46. In addition to paying for the first $6,000, owners will remain responsible for paying actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution No. 03-55. 0ang0007.2008 ty clpVelrhaven ss reimbursement Elst # 38 8 110th disc # 43Vinelintionkeim tllst notice 3.doc 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov Easy Peel Labels A ~11 See Instruction Sheet Use Avery@ TEMPLATE 5961TM Feed Paper for Easy Peel Feature Attachment 5 2S103D000815 2S103D000817 ADKINS, KATHRYN J TR BURMAN, RAYMOND N & JUDY L 11305 SW FAIRHAVEN ST 11225 SW FAIRHAVEN ST TIGARD OR 97223 TIGARD OR 97223 2S103D000822 2S103D000820 CUMMINS, ROBERT J & DIANE G GRANT, JOHN III & KRISTEN 11310 SW FAIRHAVEN 11270 SW FAIRHAVEN CT TIGARD OR 97223 TIGARD OR 97223 2S103D000804 2S103D000819 TORRES, HARVEY & JANET HALDORSON, LELAND K 11445 SW FAIRHAVEN ST 11250 SW FAIRHAVEN CT TIGARD OR 97223 TIGARD OR 97223 2S103D000821 2S103DD0049 HAMILTON, LARRY D & MARY JO HANSEN, LAURENCE LEE 11290 SW FAIRHAVEN CT 10965 SW FAIRHAVEN ST TIGARD OR 97223 TIGARD OR 97223 2S103D000811 2S103D000808 HOEFER, ROLAND ISH & ALTA L KAKESAKO, RANDALL M & KATHLEEN N 13675 SW 114TH AVE 13635 SW 114TH AVE TIGARD OR 97223 TIGARD OR 97223 2S103DO00814 2S103D000805 KLUMP, KENNETH B JAMES, SUZANNE 11345 SW FAIRHAVEN ST 11415 SW FAIRHAVEN ST TIGARD OR 97223 TIGARD OR 97223 2S103CD00500 2S103D000816 MBOUSYA, LUE RENE & DELPHINE AU MCCOLL, LEE & NANCY L 13655 SW 115TH AVE 11265 SW FAIRHAVEN ST TIGARD OR 97223 TIGARD OR 97223 2S103DD00410 2S103D000803 MELLA, JOSE LUIS ESPINO & AMY ESPINO MILLS, ROBERT W & IRENE C 10960 SW FAIRHAVEN ST 13530 SW 115TH AVE TIGARD OR 97223 TIGARD OR 97223 2S103DD00411 2S103D000807 MORALES, SADIE C & RAYMOND K RIVERA, EUSEBIO E & SHIRE'I IA 13620 SW 110TH AVE 13 610 SW 115TH A V E TIGARD OR 97223 TIGARD OR 97223 2S103DO00810 2S103D000818 SICKI ES, DANIEL J STREALY, GARY C 12437 SW HALL BLVD #8 11200 SW FAIRHAVEN ST TIGARD OR 97223 TIGARD OR 97223 A AIHAV-OD-008-L m.1.965 31V1d1A131 and asn Etiquettes fatiles ) peler 6up.upd a w I a6pfionsultez la feuille www.averyco ue WEf Utilisez le gabarit AERY® 5961Mc Sens de chargement d'instruction 1-800-GO-AVERY Easy Peel Labels A See Instruction Sheet Use Avery® TEMPLATE 5961TM Feed Paper ® for EasqR§kqj, q ftTrkXnP L l!i£. ~^!J'S~IT->IO-~ 96'~~+ £ZZL6 2I0 GXVOIJ, £ZZL6 XO CMVOI., RAV HMI MS 0£9£i IS NHAVH2IIV,3 MS 98£II H DRIHQ'32L3 `'3SVNVjVM Yq` ISRIHD 28 f IfWd `3,30., 60800DQ£OISZ 90800D(I£OISZ nti~/\V-Ut)-VUkM W zany 4!•-4-- -i ---!1!41 1 ttiqMk~ dikffis Apeler de h rwoo na MMM --Msultez la fe~gidej 96eyaas r, is a&wm G%jgrWCornssaadwj Utilisez le gabarit AVERY® 5961Mc Sens 'instruction 1-800-GO-AVERY Attachment 6 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 41 tP A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive Program an additional two years-through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Resolution No. 98-51 establishing the Neighborhood Sewer Reimbursement District Incentive Program is hereby repealed SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sewer connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee; which is still payable upon application for RESOLUTION NO.01-~ Page 1 sewer connection. SECTION 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SECTION 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 PASSED: This r d - day of 2001. ayor Ci of 'and ATTEST: Recorder - City of and 1ACiWMde\Res\Reso1udon Revising the Neighbortwod Sewer hicenbve Program RESOLUTION NO.01-Ytt Page 2 TABLE 1 Reimbursement Districts with Refunds Available DISTRICT FEE PER LOT REIMBURSEMENT AVAILABLE INCENTIVE PERIOD ENDS TIGARD ST.No.8 5,193 No reimbursement available FAIRHAVEN STMIYNo.9 4,506 No reimbursement available HILLVIEW ST No.11 8,000 July 11, 2003 10671 & JOHNSON No.12 5,598 No reimbursement available 1007" & INEZ No.13 8.000 July 11,2003 WALNUT & TIEDEMAN No. 14 8,000 July 11,2003 BEVELAND&HERMOSA No.15 5,036 No reimbursement available DELMONTE No.16 8,000 July 11,2003 O'MARA No.17 8,000 July 11,2003 WALNUT & 121 -5T No.15 - Amount to be reimbur3ed will be Throe years from corviCe avalability ROSE VISTA No20 determined once final costs are determined. Currently being constructed Attachment 7 CITY OF TIGARD, OREGON RESOLUTION NO. 03-55 A RESOLUTION PROVIDING ADDITIONAL INCENTIVES TO THE NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM (RESOLUTION NO.01- 46). WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on July 10, 2001, the City Council established the Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 01-46 to encourage owners to connect to public sewer within three-years following construction of sewers; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners of large lots to promptly connect to sewers once service is available. NOW, THEREFORE, BE IT RESOLVED by-the Tigard City Council that: SECTION 1: In addition to the incentives provided by Resolution No. 01-46, any person whose reimbursement fee exceeds $15,000 and wishes to connect a single family home or duplex to a sewer constructed through a reimbursement district may defer payment of the portion of the reimbursement fee that exceeds $15,000, as required by Section 3 of Resolution No. 01-46, until the lot is partitioned or otherwise developed in accordance with a land use permit. The land use permit shall not be issued until payment of the deferred amount is made. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payment of this deferred amount. SECTION 2: Lots that qualify under Section 1, within reimbursement districts that have exceeded the three-year period for connection, and have not connected to sewer can connect the existing stmctur-e,-pay--a-reimbursement fee-of-$6;000,, and-defer payment-of the--portion of the reimbursement fee that exceeds $15,000 if connection to the sewer is completed within one year after the effective date of this resolution. SECTION 3: Vacant lots improved with a single family home or duplex during the term of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, pay $6,000 if the fee exceeds that amount, and may defer payment of the portion of the reimbursement fee that exceeds $15,000 as provided by Section 1. SECTION 4: Vacant lots that are partitioned, subdivided, or otherwise developed during the life of the reimbursement district shall qualify for the provisions of Resolution No. 01-46, shall pay a reimbursement fee of $6,000, and shall pay any amount due over $15,000 at the time of development. The Annual Fee Adjustment required by TMC Section 13.09.115 shall not apply to payments made under this section. SECTION 5: The owner of any lot for which deferred payment is requested must enter into an agreement with the City, on a form prepared by the City Engineer, acknowledging the RESOLUTION NO. 03- 5!5 Page 1 owner's and owner's successors obligation to pay the deferred amount as described in Section 1. The City Recorder shall cause the agreement to be filed in the office of the County Recorder to provide notice to potential purchasers of the lot. The recording will not create a lien. Failure to make such a recording shall not affect the obligation to pay the deferred amount. SECTION 6: Any person who qualifies under Section 1 and has paid a reimbursement fee for the portion of the reimbursement fee in excess of $15,000 is entitled to reimbursement for that amount from the City upon request. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. Any person requesting a refund must sign an agreement similar to that described in Section 5 acknowledging the obligation to pay the refunded amount upon partitioning or developing the lot. SECTION 7: The Sanitary Sewer Fund continues to remain the funding source for the Neighborhood Sewer Reimbursement District Program and shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection and for any deferred payment permitted by this resolution. SECTION 8: This resolution is effective immediately upon passage. r~ PASSED: This day of Q,'+o&-ji- 2003. city of T-igffd Craig E. Dirksen, Council President ATTEST: City Recorder - City of Tigard L1er"mgVeknb senml 0%r1asW&k% s ms 01-46 aug 20 Mcl 14 03 sw~1110-14-W addition to m 146n dx RESOLUTION NO. 03- 55 Page 2 Reimbursement District No. 38 Fairhaven St. Finalization of Sanitary Sewer Reimbursement District No. 38 ~(Fairhaven St.) 22 lots in 1 the district October 28, 2008: Reimbursement District No. 38 Rebursement District No. 38 District includes sewer service to 22 lots The portion of the project without connections is not included in the District Project is completed and sewer can be Estimated construction cost range for entire made available to the lots project prior to bid: $378,000 to $462,000 District formed through Resolution No. 8 responsive bidders with good competition 08-05 Contract award: $277,493 Reimbursement District No. 38 Reimbursement District No. 38 Costs ❖ Portion of project included in the District Total Project Cost: $245,653 Contract award: $217,589 •e Final actual construction cost: $216,434.40 -The final construction cost based on actual 13.5% administrative and engineering costs: work quantities: $216,434 $29,219 Final construction cost is approximately 0.5% o Reimbursement Fee (Per Owner) less than the contract award amount 22 lots served • Total area served: 345,384 square feet A$0.71124645 per square foot of lot served Reimbursement District 38 (Fairhaven St.) 1 Reimbursement District No. 38 Reimbursement District No. 38 Incentive Program Additional Owner Costs Reduced to $6,000 to the extent that it does not Each owner pays the following: exceed $15,000 if connection is made within A$3,135 connection and inspection fec which funds three years after service becomes available treatment facility construction Upon request, amounts over $15,000 may be ♦ $50 (average) service charge per two months for deferred until development occurs operation and maintenance of the entire system If all 22 lots connect within three years and AM costs to connect to the lateral installed through request deferrals, the property owners would pay this project $132,000 and the City $113,653 P Staff Recommendation That Council pass the resolution finalizing Reimbursement District No. 38 (Fairhaven St.) ❖ Sewer will be made available upon passage of the resolution • Reimbursement District 38 (Fairhaven St.) 2 Agenda Item No. 5 Date: October 28, 2008 TESTIMONY SIGN- UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: PUBLIC HEARING (INFORMATIONAL) CONSIDER A RESOLU'T'ION FINALIZING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 38 - FAIRHAVEN ST. Due to Time Constraints City Council May Impose A Time Limit on Testimony Agenda Item No. 5 Date: October 28, 2008 PLEASE PRINT Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. '<gOd (Vt'~ -7-)a3 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. (5 harp r) Cu r 1130 a. r av~r► Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # 6 Meeting Date October 28, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Public Hearing for Comprehensive Plan Amendment CPA2008-00009 - Update the Comprehensive Plan Introduction and add a Glossary of Key Definitions Prepared By: Darren Wyss Dept Head Approval: City Mgr Approval: d ISSUE BEFORE THE COUNCIL Shall Council approve the Planning Commission's recommendation to adopt the Comprehensive Plan Amendment (CPA2008-00009) to update the Comprehensive Plan Introduction and add a Glossary of key definitions? STAFF RECOMMENDATION Approve the Planning Commission's recommendation and adopt the proposed Comprehensive Plan Amendment to update the Comprehensive Plan Introduction and add a Glossary of key definitions. KEY FACTS AND INFORMATION SUMMARY The proposed Introduction and Glossary included in the amendment is a result of Council's direction to complete a full update of the Tigard Comprehensive Plan. The Introduction presents a brief background statement that outlines the purpose of the Plan and its implementation. Essentially, it outlines how to use the Plan. This is important as it states the basic discretion that can be applied by the City Council and Planning Commission when interpreting the Plan. The City is not breaking new ground with this amendment, but simply stating 30 years of legislative development in state statutes and administrative rules. The Glossary defines key terms in the document. These key terms were identified as each chapter of the document was updated through the process of Policy Interest Team meetings, Planning Commission workshops and hearings, and City Council workshops and hearings. The Glossary is an accumulation of work over the past year and contains definitions that are consistent with federal, state, or regional documents. The Glossary is important to the Plan as it affects the application and interpretation of goals, policies, and recommended action measures. Future decision-makers will use the Glossary to provide direction in interpreting the Plan. In addition to the Glossary being developed and reviewed throughout the process, the amendment was reviewed at a Planning Commission workshop on August 18, 2008. Minor changes were requested at this time (Attachment 3). Subsequently, the Planning Commission held a public hearing on September 15, 2008. The Commission recommended the Council adopt the updated chapter (Exhibit A) included in CPA2008-00009. A few minor changes and additions were requested at the public hearing. The proposed amendment provides the structure necessary for the effective implementation of the updated Comprehensive Plan. The Oregon Land Conservation and Development Commission (LCDC) requires jurisdictions to periodically update their plans to reflect current conditions, regulations, and information relating to the Oregon 1:\L.RPLN\Council Materials\2008\10-28-08 CC Flearing CPA2008-00009 AIS.doc 1 Statewide Planning Goals. This amendment will act as a major stride in ensuring compliance with the Statewide Planning Goals through the effective and appropriate implementation of the Plan. OTHER ALTERNATIVES CONSIDERED 1. Modify the Planning Commission recommendation and adopt CPA2008-00009. 2. Remand to the Planning Commission to hold additional hearings and deliberations for future consideration at City Council. CITY COUNCIL GOALS Goal 2: Complete the update and begin the implementation of the Comprehensive Plan. ATTACHMENT LIST Attachment 1: Ordinance approving Comprehensive Plan Amendment 2008-00009 Exhibit A: Tigard Comprehensive Plan Amendment (Introduction and Glossary) Attachment 2: Memo to City Council - October 15, 2008 Attachment 3: Staff Report to the Planning Commission Attachment 4: Memo to Planning Commission - September 8, 2008 Attachment 5: Planning Commission Minutes - September 15, 2008 FISCAL NOTES N/A 1:\LRPLN\Council Materials\2008\10-28-08 CC Hearing CPA2008-00009 AIS.doc 2 Attachment 2 City of Tigard Memorandum To: City Council From: Ron Bunch, Assistant Community Development Director Marissa Daniels, Assistant Planner Re: Comprehensive Plan Definitions Date: October 15, 2008 On October 14, 2008 Council held a workshop to review the Comprehensive Plan Introduction and Glossary (CPA 2008-00009). The Council did not request any changes be made to the Introduction, but identified a number of terms in the Glossary for staff to revisit. Below are the definitions that were reviewed with any changes made. A short commentary to explain the change is also included. Active Recreation - See the T4gard Community Development Code Chapter . Active recreation refers to physical participation in activities involving games, sporting events or similar activities which often require specific constructed facilities to accommodate the activity such as sporting fields, courts, aquatic facilities, buildings, etc. Active recreation may also include unstructured play or other leisure activities requiring facilities such as playgrounds, dog play areas, skate parks, etc. Staff Commentary: Council requested that terms which are defined specifically in the Development Code be defined more generally here in the Comprehensive Plan Glossary. Active Recreation Facilities - These are public or private facilities such as described above that accommodate those who wish to engage in structured or unstructured active recreation, play or leisure activities. Staff Commentary: In addition to defining active recreation, staff recommends adding a term to describe the facilities where active recreation takes place. Greenspace/Greenway - na"al reseurees and prevides wildlife habitat and/or appartuttities for- nature related atltd An area of protected or reserved public or private land that has important natural resource characteristics such as flood plains, wildlife habitat, water quality functions, natural scenic qualities, etc. Greenspaces/ Greenways may provide for low impact passive recreation activities such as walking, nature study, and, where appropriate, biking, Staff Commentary: Staff revised this policy to clarify thatgreenspacelgreenway can occur on both public• and private property. Invasive Species - Plants, animals, and mierebes not native to a , teeaffipaniedd by their- native predaters, they ean be diffiettit to eantral. heft tmeheeked, many eies have the potential to "ansfe-- es and these tha A non-native species whose introduction does, or is likely to cause, economic or environmental harm or harm to human health. An invasive species can be a plant, animal, or any other biologically viable species that enters an ecosystem beyond its native range. Staff Commentary: This definition comes from the State of Oregon Invasive Species Council and is similar to the definition contained in Executive Order 1312. Leadership in Energy and Environmental Design (LEED) - A natiEffially bra accepted private benchmark for the design, construction, and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings' performance. LEED promotes a whole-building approach to sustainability by recognizing performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection, and indoor environmental quality. Staff Commentary: Staff revised this definition to reflect Council's discussion that LEED is a rivate benchmark that is likely to change throughout the life of the Plan. Passive Recreation - . This is recreation activity that does not involve high levels of physical engagement and which does not usually require specialized facilities. Passive recreation typically involves unstructured activities such as walking for pleasure, picnicking, gardening, nature viewing, etc. Staff Commentary: Council requested that terms which are defined specifically in the Development Code be defined more generally here in the Comprehensive Plan Glossary. Passive Recreation Facilities - These facilities may consist of minimal structures, such as pathways, benches, picnic tables, etc., intended to accommodate unstructured, low levels of leisure activity on undeveloped or minimally developed public or private land. Staff Commentary: In addition to defining passive recreation, staff recommends adding a term to describe the facilities where passive recreation takes place. Sensitive Lands - Areas containing steep slopes, wetlands, drainageways, or floodplain as defined in the Tigard Community Development Code. Staff Commentary: Council requested that terms which are defined specifically in the Development Code be defined more generally here in the Comprehensive Plan Glossary. Tigard Urban Planning Area - Area identified in the Tigard Urban Planning Area Agreeffien ~equifed by Statewide Land Use Plantidtig Goal 2) with Washington Gatinty that wi4l tildffiately be under gavernanee by the Gity. A site specific area within the Metro Regional Urban Growth Boundary consisting of lands within Tigard's city limits and contiguous unincorporated land for which both the City and Washington County maintain an interest in Comprehensive Planning. Tigard and Washington County have entered into an Urban Planning Area Agreement (UPAA) to coordinate land use and public facility planning activities and service provision within the area. Staff Commentary: Staff revised this terra to ensure the differences between the UPAA and TUSA are clearly stated, as suggested by Council. Tigard Urban Services Area (TUSA) - Area identified in the T4gard Urban Ser-viees ~kgreement (required by ORS 195) f6r whieh ultimate ser-viee providers are identified to eftsure plantting and delivery of wban level ser-viees. A site specific area within the Metro Regional Urban Growth Boundary consisting of lands within Tigard's city limits and contiguous unincorporated lands. This area is co-terminus with the Tigard Urban Planning Area. Within the TUSA Agreement, Tigard is designated as the ultimate service provider of specific urban services. Also in the agreement, Washington County recognizes Tigard as the ultimate local governance provider to all of the territory within the TUSA including unincorporated properties. Staff Commentary: Staff revised this term to ensure the differences between the UPAA and TUSA are clearly stated, as suggested by Council. Attachment 3 Agenda Item: Hearing Date: September 15, 2008 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION. FOR THE CITY OF TIGARD OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: TIGARD COMPREHENSIVE PLAN AMENDMENT TO UPDATE THE INTRODUCTION TO REFLECT CURRENT CONDITIONS AND INCLUDE A GLOSSARY OF KEY DEFINITIONS FILE NO.: Comprehensive Plan Amendment (CPA) CPA2008-00009 PROPOSAL: The City is requesting approval of a Comprehensive Plan Amendment to amend the current Comprehensive Plan Introduction and add a Glossary of key definitions. APPLICANT: City of Tigard OWNER: N/A 13125 SW Hall Boulevard Tigard, OR 97223 LOCATION: Citywide ZONING DESIGNATION: All City zoning districts COMP PLAN: All City comprehensive plan designations APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Land Use Planning, Natural Resources and Historic Areas, Environmental Quality, Hazards, Parks, Recreation, Trails, and Open Space, Economic Development, Housing, Public Facilities and Services, Transportation, Energy Conservation, and Urbanization; and Statewide Planning Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission finds this request to meet the necessary approval criteria. Therefore, staff recommends that the Planning Commission RECOMMENDS to the Tigard City Council that it amends the Tigard Comprehensive Plan as determined through the public hearing process. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 1 OF 21 SECTION III. BACKGROUND INFORMATION Project History The Tigard Comprehensive Plan is the primary document that guides land use decisions within the community. It outlines goals, policies, and recommended action measures that are intended to reflect the community's values and aspirations for a broad range of matters relating to land use planning and growth management. It also aims to organize and coordinate the relationships between people, land, resources, and facilities to meet the current and future needs of Tigard. The Tigard Comprehensive Plan is required by State law and must conform to 12 of the 19 Oregon Statewide Planning Goals. Land development and related activities, including the City's development codes, also must be consistent with adopted Comprehensive Plan goals and policies. It is important to ensure the Plan remains a viable tool for decision-makers and citizens to use when seeking policy direction regarding land use and Tigard's future. For this reason, the Tigard City Council made it a goal to update the Comprehensive Plan and over the past 15 months the Plan has been updated chapter by chapter. Although minor updates had taken place over the years, this is the first complete update of the original 1983 Plan and it now reflects current and projected community conditions. Now that the language addressing each particular Statewide Planning Goal has been updated, the final step is to update the Introduction and Glossary. The Introduction presents a brief background statement that outlines the purpose of the Plan and its implementation. Essentially, it outlines how to use the Plan. This is important as it states the basic discretion that can be applied by the City Council and Planning Commission when interpreting the Plan. The City is not breaking new ground with this amendment, but simply stating 30 years of legislative development in state statutes and administrative rules. The Glossary defines key terms in the document. These key terms were identified as each chapter of the document was updated through the process of Policy Interest Team meetings, Planning Commission workshops and hearings, and City Council workshops and hearings. The Glossary is an accumulation of work over the past year and contains definitions that are consistent with federal, state, or regional documents. The Glossary is important to the Plan as it affects the application and interpretation of goals, policies, and recommended action measures. Future decision- makers will use the Glossary to provide direction in interpreting the Plan. The amendment before the Planning Commission tonight is to make a recommendation on the content of the Introduction and Glossary. The Commission has reviewed the definitions throughout the process of making recommendations on each chapter and then held a workshop for further discussion. The Introduction was also reviewed at the workshop. The Planning Commission agreed by consensus with the content of the language and subsequently scheduled to bring the language to public hearing for recommendation. Proposal Description The primary intent of the proposed update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. The language will guide the way the Plan is used and provide the framework within which decisions can be made. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 2 OF 21 This amendment is the last of a series of amendments that has updated the Comprehensive Plan in its entirety. This amendment will update the Introduction and Glossary that outlines how to use the updated Plan, and defines key terms for future decision-makers when using the Plan. The new goals, policies, and recommended action measures have been found to be compliant with the Statewide Land Use Planning Goals and administrative rules when utilizing the attached definitions in the Glossary. Therefore, the language is consistent with the Department of Land Conservation and Development. SECTION IV. SUMMARY OF REPORT Applicable criteria, findings and conclusions • Tigard Community Development Code o Chapter 18.380 o Chapter 18.390 • Applicable Comprehensive Plan Policies o Citizen Involvement o Land Use Planning o Natural Resources and Historic Areas o Environmental Quality o Hazards o Parks, Recreation, Trails, and Open Space o Economic Development o Housing o Public Facilities and Services o Transportation o Energy Conservation o Urbanization • Statewide Planning Goals o Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. City Department and outside agency cornments SECTION V. APPLICABLE CRITERIA AND FINDINGS CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning Map and Text Amendments Chapter 18.380.020 Legislative Amendments to the Title and Map A. Legislative amendments. Legislative zoning' map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.309.060G Findings: The proposed amendments to the Tigard Comprehensive Plan would establish how to use the Plan and defines key terms included in the Plan. The Introduction presents a brief background statement that outlines the purpose of the Plan and its implementation. This is important as it states the basic discretion that can be applied by the City Council and Planning Commission when interpreting the Plan. The Glossary is important to the Plan as it affects the application and interpretation of goals, policies, and recommended action measures. Future decision-makers will use the Glossary to provide direction in interpreting the Plan. Therefore, the application is being processed as a Type IV procedure, Legislative Amendment, as governed by Section 18.390.060G. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 3 OF 21 Chapter 18.390: Decision-Making Procedures Chapter 18.390.020. Description of Decision-Making Procedures B.4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. Fines The proposed amendment outlines the way in which goals, policies, and recommended action measures are utilized. This includes the emphasis on key terms when interpreting policies. Therefore, the proposed amendments to the Tigard Comprehensive Plan will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendments will initially be considered by the Planning Commission with City Council making the final decision. Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. Findings: As indicated pursuant to the findings and conclusions in this staff report that address applicable Statewide Planning Goals and Regional Functional Plan Titles, the amendment is consistent with this criterion. CONCLUSION: Based on the analysis above, staff finds that the proposed amendments satisfy the applicable review criteria within the Tigard Community Development Code. CITY OF TIGARD COMPREHENSIVE PLAN POLICIES: A review of the comprehensive plan identified the following relevant policies for the proposed amendments: Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2. The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Findings: The proposal has complied with all notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. This staff report was also available seven days in advance of the hearing pursuant to Chapter 18.390.070.E.b of the Tigard Community Development Code. Additionally, a Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 4 OF 21 Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listserv and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 28, 2008 issue of The Times. Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Policy 5. The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Findings: As outlined above, the community was given multiple venues to get information and get involved. This included a number of articles in the Cityscape newsletter that is delivered to every household in Tigard. Staff also made a good faith effort to ensure a diversity of citizens and stakeholders were involved in the policy interest team meetings by not only soliciting volunteers, but by inviting organizations that share a common interest in that particular topic. Goal 1.2 Ensure all citizens have access to: A. opportunities to communicate directly to the City; and B. information on issues in an understandable form. Policy 1. The City shall ensure pertinent information is readily accessible to the community and presented in such a manner that even technical information is easy to understand. Findings: Information regarding the topics included in this Comprehensive Plan Amendment was available in multiple locations in an understandable format for the duration of the process. This included paper and electronic copies that were available in the permit center and also on the website. Information was regularly sent to the project listserv and to the community volunteers who participated on the policy interest teams. Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the internet, and any other available media to promote citizen involvement and continue to evaluate the effectiveness of methods used. Findings: Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 5 OF 21 community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Policy 5. The City shall seek citizen participation and input through collaboration with community organizations, interest groups, and individuals in addition to City sponsored boards and committees. Findings: Outreach methods included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, submitting written comments via the website, and attending the Planning Commission workshop. Additionally, the interested parties listserv and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. Findings: The proposed amendment satisfies this policy by updating the Comprehensive Plan Introduction and Glossary. The Introduction outlines the purpose of the Plan and its implementation. It shows the City's intent for the document. The Glossary defines key terms that will be used by decision-makers while implementing the document. Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Findings: The City sent out request for comments on the proposed amendment to all potentially affected jurisdictions and agencies. All were given 14 days to respond. Any comments that were received are addressed in Section VII: Outside Agency Comments of this Staff Report. This policy is satisfied. Policy 20. The City shall periodically review and if necessary update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. Findings: The proposed amendment satisfies this policy by updating the Comprehensive Plan Introduction and Glossary. The Introduction outlines the purpose of the Plan and its implementation. It shows the City's intent for the document. The Glossary defines key terms that will be used by decision-makers in implementing the document. The primary intent of the update is to ensure the Comprehensive Plan remains a viable tool for decision-makers. By updating the Comprehensive Plan, the City will ensure it is in compliance with applicable laws, rules, STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 6 OF 21 regulations, plans, and programs. As importantly, the update will also ensure the Comprehensive Plan reflects current community conditions and values. Findings of conformance to applicable state and regional requirements can be found in Section V of this Staff Report. Chapter 5: Natural Resources and Historic Areas Findings: The following terms relating to the City's Goal 5 program and policies are defined in the attached Glossary (Exhibit A): Habitat Habitat Friendly Development Practices Natural Resources Regionally Significant Habitat Riparian Corridor Riparian Habitat Sensitive Lands Significant Habitat Stream Corridor Upland Habitat Wetland The definitions of these terms are consistent with the City's policies and the State's Goal 5 requirements and program for the following reasons: 1. The City is currently in compliance with the State's Goal 5 program and Metro's Title 13: Nature in Neighborhoods program which implements Goal 5; and 2. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660-023, and Metro's Urban Growth Management Functional Plan; and 3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, Oregon Administrative Rule 660-023, and Metro's Urban Growth Management Functional Plan. Chapter 6: Environmental Quality Fins: The following terms relating to the City's policies to comply with federal, state, and regional air, water, and land quality programs are defined in the attached Glossary (Exhibit A): Habitat Habitat Friendly Development Practices Natural Resources Regionally Significant Habitat Riparian Corridor Riparian Habitat Sensitive Lands Significant Habitat Stream Corridor Upland Habitat Wetland STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 7 OF 21 The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: 1. The City is currently in compliance with Metro's Title 3: Water Quality and Flood Management program which implements Goal 6; and 2. The City is included in the Portland Area Airshed, which is in compliance with Federal Clean Air Act regulations; and 3. The City is in compliance with the Regional Solid Waste Management Plan which implements the Oregon Department of Environmental Quality's solid waste management plan; and 4. The definitions are consistent with terms and definition$ commonly found in Oregon Revised Statute 459, 465, 466, and 468, Oregon Administrative Rule 340, and Metro's Urban Growth Management Functional Plan; and 5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, 459, 465, 466, and 468, Oregon Administrative Rules 660 and 340, Oregon Department of Environmental Quality's programs, and Metro's Urban Growth Management Functional Plan. Chapter 7: Hazards Findings: The following terms relating to the City's policies to comply with federal, state, and regional hazards programs are defined in the attached Glossary (Exhibit A): 100-year Floodplain Development Floodplain Landslides Severe Weather Hazards Wildfire Stream Corridor The definitions of these terms are consistent with the City's policies and the State's Goal 7 requirements and programs for the following reasons: 1. The City is currently in compliance with Metro's Title 3: Water Quality and Flood Management program which implements Goal 7; and 2. The City is currently a participant in the National Flood Insurance Program administered by the Federal Emergency Management Agency; and 3. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 195 and 197, Oregon Administrative Rule 660-023 and 629-044, and Metro's Urban Growth Management Functional Plan; and 4. These definitions are necessary to meet the requirements of Oregon Revised Statute 195 and 197, Oregon Administrative Rule 660-023, and Metro's Urban Growth Management Functional Plan. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 8 OF 21 Chapter 8: Parks, Recreation, Trails, and Open Space Findings: The following terms relating to the City's policies to comply with Goal 8 are defined in the attached Glossary (Exhibit A): Community Recreation Facilities Community Parks Greenspace/Greenway Linear Parks Natural Area Neighborhood Parks Open Space Park Services Parks System Development Charges Pocket Parks Special Use Area Trails and Connectors The definitions of these terms are consistent with the City's policies and the State's Goal 8 requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 8; and 2. The definitions are consistent with the Tigard Parks System Master Plan and professional usage such as the National Parks and Recreation Association guidelines; and 3. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660, and the City's Park System Master Plan; and 4. These definitions are necessary to meet the requirements of Oregon Revised Statute 197 and Oregon Administrative Rule 660. Chapter 9: Economic Development Findings: The following terms relating to the City's policies to comply with Goal 9 are defined in the attached Glossary (Exhibit A): Economic Gardening Employment and Industrial Areas Family Wage Industry Cluster Innovative Business Traded Sector Workforce Housing The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 9 and Metro's Tide 1: Requirements for Housing and Employment Accomodation and Title 4: Industrial and Other Employment Areas; and STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 9 OF 21 2. The definitions are consistent with concepts found in Oregon Economic and Community Development Department guidelines and documents; and 3. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth Management Functional Plan; and 4. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional Plan. Chapter 10: Housing Findings: The following terms relating to the City's policies to comply with Goal 10 are defined in the attached Glossary (Exhibit A): Affordable Housing Special Needs Housing The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 10 and the Metropolitan Housing Rule (OAR 660-007/Division 7) and Metro's Title 1: Requirements for Housing and Employment Accomodation and Title 7: Affordable Housing; and 2. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth Management Functional Plan; and 3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional Plan. Chapter 11: Public Facilities and Services Findings: The following terms relating to the City's policies to comply with Goal 11 are defined in the attached Glossary (Exhibit A): Development Intergovernmental Agreement (IGA) Public Facilities and Services Public Facility Plan Stormwater Stormwater Management System Development Charge Wastewater System The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 10 OF 21 1. The City is currently in compliance with Goal 11 and Metro's Tide 3: Water Quality and Flood Management; and 2. The City has an adopted Public Facility Plan as required by ORS 197.712 and OAR 660- 011; and 3. The City has adopted Clean Water Services Design and Construction Standards; and 4. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth Management Functional Plan; and 5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional Plan. Chal2ter 12: Transportation Finding The following terms relating to the City's policies to comply with Goal 12 are defined in the attached Glossary (Exhibit A): Development Intelligent Transportation Systems Intergovernmental Agreement (IGA) Public Facilities and Services Public Facility Plan Right-of-Way Usage Fee System Development Charge The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 12 and Metro's Regional Transportation Plan; and 2. The City has an adopted Transportation System Plan as required by the Transportation Planning Rule OAR 660-012; and 3. The definitions are consistent with terms and definitions commonly used by the Oregon Department of Transportation, the Transportation Planning Rule, Goal 12, and Metro; and 4. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660, and Metro's Regional Transportation Plan; and 5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional Plan. Chapter 13: Energy Conservation Findings: The following terms relating to the City's policies to comply with Goal 13 are defined in the attached Glossary (Exhibit A): Compatibility STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 11 OF 21 Development Green Concepts and Practices Leadership in Energy and Environmental Design (LEED) Renewable Energy Solar Access Sustainable (Sustainability) The definitions of these terms are consistent with the City's policies and the State's Goal 13 requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 13; and 2. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, 330, 345, and 469, and Oregon Administrative Rule 660; and 3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, 330, 345, 469, and Oregon Administrative Rule 660. Chapter 14: Urbanization Findings: The following terms relating to the City's policies to comply with Goal 14 are defined in the attached Glossary (Exhibit A): Development Intergovernmental Agreement (IGA) Public Facilities and Services Public Facility Plan S tormwater Stormwater Management System Development Charge Tigard Urban Planning Area Tigard Urban Services Area (TUSA) Urban Growth Boundary Wastewater System The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 14 and Metro's Title 11: Planning for New Urban Areas; and 2. The City has a signed Urban Planning Area Agreement and Urban Services Agreement as required by ORS 195.065 and ORS 197; and 3. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 195 and 197, Oregon Administrative Rule 660, and Metro's Urban Growth Management Functional Plan; and 4. These definitions are necessary to meet the requirements of Oregon Revised Statute 195 and 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional Plan. CONCLUSION: Based on the analysis above, staff finds that the proposed amendment satisfies the applicable policies contained in the City of Tigard Comprehensive Plan. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 12 OF 21 THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 Statewide Planning Goal 1- Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. Findings: This goal was met through an extensive public involvement process. A Public Involvement Program for the Comprehensive Plan Update was developed in March 2006. This Program was reviewed and endorsed by the Committee for Citizen Involvement and the Planning Commission. The Program outlined the information, outreach methods, and involvement opportunities available to the citizens during the process. Information was distributed throughout the process via the project website, an interested parties listserv, Cityscape articles, press releases, articles in the local paper, and two project open houses. Outreach methods also included presentations to a number of civic organizations in the community, personal emails sent to groups and organizations, updates to City boards and commissions, presentations to high school students, and staff attendance at community events to pass out information. Involvement opportunities included two open houses, participation on a policy interest team, and submitting written comments via the website. Additionally, the interested parties listserv and volunteers who signed up for the policy interest teams were provided notice of all meetings held regarding the Comprehensive Plan Update. As part of the Comprehensive Plan Amendment process, public notice of this Planning Commission public hearing was sent to the interested parties list and published in the August 28, 2008 issue of The Times (in accordance with Tigard Development Code Chapter 18.390). Notice will be published again prior to the City Council public hearing. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the entire draft of the text changes could be viewed. Statewide Planning Goal2 - Land Use Planning.• This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. Findings: The proposed amendment provides a factual basis on how to use the Plan and defines important terms that may be used as decision-making tools when interpreting goals, policies, and recommended action measures. The proposed amendment to the Tigard Comprehensive Plan is being processed as a Type IV procedure, which requires any applicable statewide planning goals, federal or state statutes or regulations, Metro regulations, comprehensive plan policies, and City's implementing ordinances, be addressed as part of the decision-making process. Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. All applicable review criteria have been addressed within this staff report; therefore, the requirements of Goal 2 have been met. Statewide Planning Goal s - Natural Resources STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 13 OF 21 This goal requires the inventory and protection of natural resources, open spaces, historic areas and sites. Findings: The following terms relating to the City's Goal 5 program and policies are defined in the attached Glossary (Exhibit A): Habitat Habitat Friendly Development Practices Natural Resources Regionally Significant Habitat Riparian Corridor Riparian Habitat Sensitive Lands Significant Habitat Stream Corridor Upland Habitat Wetland The definitions of these terms are consistent with the City's policies and the State's Goal 5 requirements and program for the following reasons: 1. The City is currently in compliance with the State's Goal 5 program and Metro's Title 13: Nature in Neighborhoods program which implements Goal 5; and 2. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660-023, and Metro's Urban Growth Management Functional Plan; and 3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, Oregon Administrative Rule 660-023, and Metro's Urban Growth Management Functional Plan. Statewide Planning Goal & Air, Water, and Land Resources Quality To maintain and improve the quality of the air, water, and land resources of the state. Findings: The following terms relating to the City's policies to comply with federal, state, and regional air, water, and land quality programs are defined in the attached Glossary (Exhibit A): Habitat Habitat Friendly Development Practices Natural Resources Regionally Significant Habitat Riparian Corridor Riparian Habitat Sensitive Lands Significant Habitat Stream Corridor Upland Habitat Wetland STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 14 OF 21 The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: 1. The City is currently in compliance with Metro's Title 3: Water Quality and Flood Management program which implements Goal 6; and 2. The City is included in the Portland Area Airshed, which is in compliance with Federal Clean Air Act regulations; and 3. The City is in compliance with the Regional Solid Waste Management Plan which implements the Oregon Department of Environmental Quality's solid waste management plan; and 4. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 459, 465, 466, and 468, Oregon Administrative Rule 340, and Metro's Urban Growth Management Functional Plan; and 5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, 459, 465, 466, and 468, Oregon Administrative Rules 660 and 340, Oregon Department of Environmental Quality's programs, and Metro's Urban Growth Management Functional Plan. Statewide Planning Goal 7 - Areas Subject to Natural Hazards To protect people and property from natural hazards. Findings: The following terms relating to the City's policies to comply with federal, state, and regional hazards programs are defined in the attached Glossary (Exhibit A): 100-year Floodplain Development Floodplain Landslides Severe Weather Hazards Wildfire Stream Corridor The definitions of these terms are consistent with the City's policies and the State's Goal 7 requirements and programs for the following reasons: 1. The City is currently in compliance with Metro's Title 3: Water Quality and Flood Management program which implements Goal 7; and 2. The City is currently a participant in the National Flood Insurance Program administered by the Federal Emergency Management Agency; and 3. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 195 and 197, Oregon Administrative Rule 660-023 and 629-044, and Metro's Urban Growth Management Functional Plan; and 4. These definitions are necessary to meet the requirements of Oregon Revised Statute 195 and 197, Oregon Administrative Rule 660-023, and Metro's Urban Growth Management Functional Plan. Statewide Planning Goal 8 - Recreational Needs This goal requires the satisfaction of the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 15 OF 21 Findings: The following terms relating to the City's policies to comply with Goal 8 are defined in the attached Glossary (Exhibit A): Community Recreation Facilities Community Parks Greenspace/Greenway Linear Parks Natural Area Neighborhood Parks Open Space Park Services Parks System Development Charges Pocket Parks Special Use Area Trails and Connectors The definitions of these terms are consistent with the City's policies and the State's Goal 8 requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 8; and 2. The definitions are consistent with the Tigard Parks System Master Plan and professional usage such as the National Parks and Recreation Association guidelines; and 3. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660, and the City's Park System Master Plan; and 4. These definitions are necessary to meet the requirements of Oregon Revised Statute 197 and Oregon Administrative Rule 660. Statewide Planning Goal 9. Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Findings: The following terms relating to the City's policies to comply with Goal 9 are defined in the attached Glossary (Exhibit A): Economic Gardening Employment and Industrial Areas Family Wage Industry Cluster Innovative Business Traded Sector Workforce Housing The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 9 and Metro's Title 1: Requirements for Housing and Employment Accomodation and Title 4: Industrial and Other Employment Areas; and STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 16 OF 21 2. The definitions are consistent with concepts found in Oregon Economic and Community Development Department guidelines and documents; and 3. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth Management Functional Plan; and 4. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional Plan. Statewide Planning Goal 10. Housing To provide adequate housing for the needs of the community, region and state. Finings: The following terms relating to the City's policies to comply with Goal 10 are defined in the attached Glossary (Exhibit A): Affordable Housing Special Needs Housing The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 10 and the Metropolitan Housing Rule (OAR 660-007/Division 7) and Metro's Title 1: Requirements for Housing and Employment Accomodation and Tide 7: Affordable Housing; and 2. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth Management Functional Plan; and 3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional Plan. Statewide Planning Goal 11. Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Findings: The following terms relating to the City's policies to comply with Goal 11 are defined in the attached Glossary (Exhibit A): Development Intergovernmental Agreement (IGA) Public Facilities and Services Public Facility Plan S tormwater Stormwater Management System Development Charge Wastewater System The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 17 OF 21 1. The City is currently in compliance with Goal 11 and Metro's Title 3: Water Quality and Flood Management; and 2. The City has an adopted Public Facility Plan as required by ORS 197.712 and OAR 660- 011; and 3. The City has adopted Clean Water Services Design and Construction Standards; and 4. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660, and Metro's Urban Growth Management Functional Plan; and 5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional Plan. Statewide Planning Goal 12.• Transportation To provide and encourage a safe, convenient, and economic transportation system. Findings: The following terms relating to the City's policies to comply with Goal 12 are defined in the attached Glossary (Exhibit A): Development Intelligent Transportation Systems Intergovernmental Agreement (IGA) Public Facilities and Services Public Facility Plan Right-of-Way Usage Fee System Development Charge The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 12 and Metro's Regional Transportation Plan; and 2. The City has an adopted Transportation System Plan as required by the Transportation Planning Rule OAR 660-012; and 3. The definitions are consistent with terms and definitions commonly used by the Oregon Department of Transportation, the Transportation Planning Rule, Goal 12, and Metro; and 4. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, Oregon Administrative Rule 660, and Metro's Regional Transportation Plan; and . 5. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional Plan. Statewide Planning Goal 13. Energy Conservadon Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based on sound economic principles. Findings: The following terms relating to the City's policies to comply with Goal 13 are defined in the attached Glossary (Exhibit A): STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 18 OF 21 Compatibility Development Green Concepts and Practices Leadership in Energy and Environmental Design (LEED) Renewable Energy Solar Access Sustainable (Sustainability) The definitions of these terms are consistent with the City's policies and the State's Goal 13 requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 13; and 2. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 197, 330, 345, and 469, and Oregon Administrative Rule 660; and 3. These definitions are necessary to meet the requirements of Oregon Revised Statute 197, 330, 345, 469, and Oregon Administrative Rule 660. Statewide Planning Goal 14. Urbanization To provide for an orderly and efficient transition form rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Findings: The following terms relating to the City's policies to comply with Goal 14 are defined in the attached Glossary (Exhibit A): Development Intergovernmental Agreement (IGA) Public Facilities and Services Public Facility Plan Stormwater Stormwater Management System Development Charge Tigard Urban Planning Area Tigard Urban Services Area (TUSA) Urban Growth Boundary Wastewater System The definitions of these terms are consistent with the City's policies and the State's requirements and programs for the following reasons: 1. The City is currently in compliance with Goal 14 and Metro's Title 11: Planning for New Urban Areas; and 2. The City has a signed Urban Planning Area Agreement and Urban Services Agreement as required by ORS 195.065 and ORS 197; and 3. The definitions are consistent with terms and definitions commonly found in Oregon Revised Statute 195 and 197, Oregon Administrative Rule 660, and Metro's Urban Growth Management Functional Plan; and 4. These definitions are necessary to meet the requirements of Oregon Revised Statute 195 and 197, Oregon Administrative Rules 660, and Metro's Urban Growth Management Functional Plan. STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 19 OF 21 CONCLUSION: Based on the analysis above, staff finds that the proposed amendment is consistent with the applicable Statewide Planning Goals. SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Current Planning Division, Administrative Department, Public Works Department, and Police Department has had an opportunity to review this proposal and have no objections. CONCLUSION: Based on no comment from City staff, staff finds the proposed amendment does not interfere with the best interests of the City. SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: City of Durham City of King City City of Lake Oswego City of Portland City of Tualatin Washington County, Department of Land Use and Transportation Metro Land Use and Planning Oregon Department of Land Conservation and Development Oregon Department of Transportation, Region 1 Oregon Department of Transportation, Region 1, District 2A Tualatin Hill Parks and Recreation District Tualatin Valley Water District Tualatin Valley Fire & Rescue Tri-Met Transit District The City of Beaverton had an opportunity to review this proposal and has no objections. Clean Water Services had an opportunity to review this proposal and had the following comments (Exhibit B): We recommend following any and all relevant provisions of the current Intergovernmental Agreement between the City of Tigard and Clean Water Services and the relevant provisions of the current Design and Construction Standards (currently R&O 07-20, available online) for all issues relating to development, vegetated corridors, erosion control, and preservation of wetlands, natural drainage ways, and enhancements thereof. Findings: The Clean Water Services Design and Construction Standards implement Metro's Title 3 requirements through a jurisdiction's development code. The City of Tigard has adopted the Standards into the Tigard Community Development Code. Policy language is included in the Tigard Comprehensive Plan under Goals 6 and 11 that direct the City to comply with all state and STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION/GLOSSARY PAGE 20 OF 21 regional standards, which includes the Clean Water Services standards. Therefore, staff recommends not including any further language in this proposed amendment. CONCLUSION: Based on responses from outside agencies listed above, staff finds the proposed amendment meets all requirements of these agencies and is consistent with the best interests of the City. SECTION VIII. CONCLUSION The proposed changes comply with the applicable Statewide Planning Goals, the Tigard y Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, Staff recommends that the Planning Commission reconu-nend approval of the Comprehensive Plan Amendment to the Tigard City Council as determined through the public hearing process. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN. EXHIBIT B: CLEAN WATER SERVICES COMMENTS. September 8; 2008 PREPARED BY: Darren Wyss DATE Senior Planner fq"itf-y~ September 8. 2008 APPROVED BY: Ron Bunch DATE Assistant' Community Development Director STAFF REPORT TO THE PLANNING COMMISSION CPA 2008-00009 INTRODUCTION /GLOSSARY PAGE 21 OF 21 Attachment 4 MEMORANDUM TIGARD 2027 TO: Planning Commission FROM: Darren Wyss, Senior Planner RE: Comp Plan Definitions DATE: September 8, 2008 At its August 18, 2008 meeting, the Planning Commission held a workshop to review the Comprehensive Plan Introduction and Glossary. The Commission did not request any changes be made to the Introduction, but identified a number of terms in the Glossary for staff to revisit and requested a few terms be added before the public hearing. Below are the definitions that were reviewed with any changes made and the additional terms that were added. A short commentary to explain the change is also included. Citizen - partftevqhips, joint . An inhabitant of a city or town, specifically one entitled to its privileges or franchises. Staff Commentag - The Commission wanted to ensure the definition was consistent with the policies that are written as a citizen being within the city limits. The new definition is common and found in most dictionaries looked at by staff. The Commission was presented this definition at the workshop and liked the language "entitled to its privileges or franchises Cluster - A grouping of development. Specifically, the locations of structures on a given site in one area leaving the remainder of the land in open space. (Corvallis SQf Commenta - The Commission asked for this definition to be added Stafreviewed policy language and a number of definitions used in other jurisdictions' Comp Plans. This definition is consistent with its use in the Tigard Comprehensive Plan. Community Recreation Facilities - The wide variety of indoor and outdoor sports and leisure facilities publicly owned and operated to promote the health and well-being of the pules cow. Some are used primarily for active recreation, others designated for passive uses, with some overlap among or within individual facilities. 1 Staff Commentary -The Commission a ked for clarification as to a facility needing to bepublicly owned to meet the conditions of this definition. The answer isyes, the intent of the definition is to separate publicly owned facilities from privately owned facilities. Community Parks (Greater than 15 aeres) - Provide a variety of active and passive recreational opportunities for all age groups and These parrs are generally larger in size and serve a wider base of residents than neighborhood parks. Community parks often include developed facilities for organized group activity as well as facilities for individual and family activities. Sta Commentary - The Commission did not like the formatl content of the original definition. After reviewing the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. Family Wage - The income necessary for a family to make ends meet without any public or private assistance. level. Staff Commentary - The Commission felt the definition was confusing and asked for an alternative. The alternative definition is commonly found in economic development documents around the country. Full Service Recreation Facilities - A collection of facilities that provide a diverse, limited, fts opposed to a array of recreation choices. Together, these fae&ies and allow for a wide spectrum of reereational programs and activities that meet the recreational and leisure needs of community residents. Staff Commentary - The Commission asked for clarification as to whether this is meant to be one facility or a combination of facilities. The intent is a collection of facilities and is now reflected in the definition. Green Concepts and Practices - Refers to measures to increase re-use and recycling programs, on-site filtration, integrated pest management, the utilizing of new existing and emerging technologies for conservation and energy efficiency, demand management, and other best management and operation practices. Staff Commentary - Commissioner Muldoon requested that demand management be included in the list of measures included in the definition. Staff believes it could be represented by "other best management and operation practices", but sees no harm in its inclusion. Greenspace/Greenway (Size should be adequate to preteet the rese"ree) - An area intended to contain a natural quality that protects valuable natural resources and provides wildlife habitat also-provi and opportunities for nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities. Staff Commentary - The Commission did not like the format/ content of the original definition. After reviewing the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. Habitat Friendly Development Practices - Broad range of development techniques and activities that reduce the detrimental impact on fish and wildlife habitat relative to traditional development 2 practices. Examples include clustering development to avoid habitat, using alternative materials and designs such as pier, post, or piling foundations designed to minimize tree root disturbance, managine stormwater on-site to help filter rainwater and recharge groundwater sources, collecting rooftop water in rain barrels for reuse in site landscaping and gardening, and reducing the amount of effective impervious surface created by development. (Tualatin Basin Partners for Natural Placesl Sta Commentarg - The Commission asked for a definition to be added based on the Tualatin Basin Partners for Natural Places program. Linear Parks (Of adequate size to preteet natural d aeeemmedate intended uses)-- ;lay be developed along bt~R or naodrfd earriders to Park or greenspace that may provide opportunities for trail-oriented outdoor recreation along built or natural corridors, connect residences to major community destinations, and. Linear parka may also provide some active and passive recreation facilities to meet neighborhood needs, especially in areas not adequately served by traditional neighborhood parks. . Staff Corrmmentarg - The Commission did not like the formatl content of the original definition. After retrietving the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plait. Neighborhood Parks (4 to 14 aeres) - The foundation of the parks and recreation system, they provide accessible recreation and social opportunities to nearby residents. When developed to meet neighborhood recreation needs, school sites may serve as neighborhood parks. StafCommentarg - The Commission did not like the formatl content of the original definition. After reviewing the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Platt. Open Space - Public or privately owned areas, both undeveloped or minimally developed, intended for either active or passive outdoor recreation natural Open spaces may include developed facilities that support outdoor recreation and trail-oriented recreation, or areas solely set aside for the nature-oriented recreation and the protection of natural resources, such as fish and wildlife habitat. Sta Commentag - The Commission did not like the formatl content of the original definition. After retaetving the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. Pocket Parks (2,500 square feet to 2 nereo) - Provide recreation opportunities for residents in areas not adequately served by neighborhood parks, such as town centers or areas of high density development. Stag Commentarg - The Commission did not like the formatl content of the original definition. After reviewing the Tigard Park System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. 3 Proven Community Need - A need supported by evidence that is required to amend land use map(s), which ensures that the new land use being proposed is needed in the community in that particular location, versus other appropriately designated and developable sites. Sta Commentarg - The Commission asked staff to review and ensure the definition was consistent will) its use in the policies and to also confer with the City Attorney. The City Attorney feels the definition is adequate. Rare - An organism or plant community that is recognized and listed as exceptionally unique, uncommon or scarce by a federal, state, or regional governmental body or agency. Rare species may also be listed as threatened or endangered under the Federal or Oregon Endangered Species Acts. SQLCommentary - At the request of Sue Beelke, the Commission asked staff to include a definition for rare, threatened, and endangered pecies. As a threatened or endangered species is a commonly accepted term, staff did not include a separate definition. This definition is consistent with the example provided by Ms. Beilke, with an addition that it must be listed to be considered rare. Regionally Significant Habitat - Areas identified as providing benefits to fish and wildlife, and classified for protection based on habitat quality and importance, economic and social value of the land, and current development status. (Metro) tcs Staff Commentary - The Commission asked staff to ensure the definition was consistent with Metro Renewable Energy - rftpid time seale. They efttt be tiged by hurnang fnai-e or legs indefittitely, provided the quantity talten Energy sources that are either inexhaustible (solar, wind) or 1.1- -W, of 6ffie is fiat too great. replenished over a short period of time (low impact hydro, biomass, geothermal). Most renewable energy ultimately comes from the sun - indirectly in the case of wind, water, and biomass; directly in the case of solar power generation. Natural gas and coal, for example, are not renewable because their use consumes fossil fuel reserves at a much gtucker rate than they can be replenished. (Green Power Oregon) Staff Commentary - The Commission asked staff to review and ensure the definition was consistent with Stale of Oregon definitions. Significant Habitat - Areas classified through the work of the Tualatin Basin Partners for Natural Places and adopted as part of Metro's Regionally Significant Habitat Areas and identified on the Tigard Significant Habitat Areas Map. Stag Commentary - The Commission asked for a definition to be added to clarify Ti ard's programs and its relationship to Metro Title 13 program. Special Use Area (variable depending on desired size) - Public recreation lands that are specialized or single purpose in nature. Examples are dog parks, skate parks, golf courses, display gardens, recreation centers, and a wide range of other activities and facilities. 4 Staff Co~ mmentary - The Commission did not like the format/ content of the original definition. After reviewing the Tigard Parks System Master Plan and talking with Parks staff about the Master Plan update that is currently taking place, the definition is now consistent with the Master Plan. Support - To aid the cause, 12olicy. or interests of. or contribute to the progress or growth of. St I C~ ommentarg - The Commission asked for a definition to be added. Upland Habitat - All habitats beyond a riparian corridor. Examples include oak prairie, ponderosa pine/oak camas prairie, mixed conifer forest, etc. Sta jE Commentary - At the request of Sue Bielke, the Commission asked staff to include examples of r Aland habitat. This is consistent with a number of other definitions that include examples. Urban Forest - Broom-as All the trees located within the city limits ealleetivel including both remnants of native forests and planted landscapes. Sta,,a: Commentary - The Commission asked for clarification as to why there needed to be a separate definition for urban forest and urban forest, diverse. These were two terms the Policy Interest Team debated at length and felt needed to be separately defined. Staff sees no harm in having the two definitions included. The definition for urban forest was cleaned up to add more clarity. Wetland - An area that is inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. (Statewide Planning Goal 5) SLaff Commentary - At the request of Sue Bielke, the Commission asked staff to look into the definition used by the Oregon Department of State Land. The definition from DSL is consistent and is as follows: 141-090-0020 Definitions For the purpose of these rules: (35) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (ORS 196.800(16) and OAR 141-085-0010). Staff finds the definition to be consistent with all state agencies. Wildfire - Any fire occurring on wildlands that requires suppression response. (Washington County Hazard Mitigation Action Plan) Staff Commentary - The Commission felt the definition was to narrow in its use of forestland and aske d staff to review the Washington County Hazard Mitigation Action Plan definition. The Glossary is now consistent with Washington County. 5 Please review the Introduction and Definitions and if you have any questions, or would like to see more terms defined, please be sure to contact me at darrenDtigya~ rd or.gov or 503-718-2442. See you on Monday the 15th. 6 Attachment 5 CITY OF TIGARD PLANNING COMMISSION Meeting Minutes September 15, 2008 1. CALL TO ORDER President Jodie Inman called the meeting to order at 7:05 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present President Inman; Commissioners: Anderson, Doherty, Hasman, Muldoon, Vermilyea, and Walsh Commissioners Absent: Commissioner Caffall, Fishel Staff Present: Ron Bunch, Assistant Community Development Director; Darren Wyss, Senior Planner; Doreen Laughlin, Administrative Specialist II 3. COMMUNICATIONS City Councilor, Gretchen Buchner, spoke to the Commissioners about her role as liaison to the Planning Commission. She encouraged them to feel free to ask for workshops with Council to stay on top of things. She answered some questions regarding her role as liaison. 4. APPROVE MEETING MINUTES There was a motion by Commissioner Vermilyea, seconded by Commissioner Anderson, to approve the August 18, 2008 minutes as submitted. The motion carried as follows: AYES: Anderson, Doherty, Hasman, Muldoon, and Vermilyea NAYS: None ABSTENTIONS: Inman, Walsh EXCUSED: Fishel, Caffall S. PUBLIC HEARING CPA2008-00009 TIGARD COMPREHENSIVE PLAN AMENDMENT TO UPDATE THE INTRODUCTION TO REFLECT CURRENT CONDITIONS AND INCLUDE A GLOSSARY OF KEY DEFINITIONS PLANNING COMMISSION MEETING MINUTES-September 15,2008 -Page 1 of 5 I:\I,ltl'LN\Dorcen\PC\PC Packets for 2008\9-15-08 Public Hearing\tpc minutes 9-15-08.doc REQUEST: To amend the current Comprehensive Plan Introduction and add a Glossary of key definitions. The complete text of the proposed Amendment can be viewed on the City's website at http://www.dgard-or.gov/code- amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Land Use Planning, Natural Resources and Historic Areas, Environmental Quality, Hazards, Parks, Recreation, Trails, and Open Space, Economic Development, Housing, Public Facilities and Services, Transportation, Energy Conservation, and Urbanization; and Statewide Planning Goals 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14. PUBLIC HEARING OPENED Commission President, Jodie Inman, opened up the Public Hearing. Senior Planner, Darren Wyss, gave the staff report. He noted the Comprehensive Plan Amendment before the Commissioners at this time would update the Introduction to the Comp Plan, and add a Glossary of key terms that are found throughout the document. By way of background & review, Wyss presented the following: Introduction: • Presents a brief background statement that outlines the purpose of the Plan and its implementation. • Essentially, it outlines how to use the Plan. • This is important as it states the basic discretion that can be applied by the City Council and Planning Commission when interpreting the Plan. • The Intro also clearly defines upfront what a goal, policy, and recommended action measure is and the City's obligation for each. • The City is not breaking new ground with this updated Intro, but simply stating 30 years of legislative development in state statutes and administrative rules. • The Commission reviewed the Intro at its Aug 18th workshop and did not request any changes be made. Glossaw_ • Definitions have been accumulating since the first amendment to come before the Commission a year ago. • As each chapter met with PIT, key terms were identified to be defined and then a definition was brought forward. • Definitions are based on accepted federal, state, or regional definitions when available. Otherwise, staff or.a PIT member presented a widely accepted definition and a consensus was reached as to the definition that best fits Tigard. PLANNING COMMISSION MPEMNG MINUMS -September 15, 2008 - Page 2 of 5 1:\L11111 N\Doreen\PC\1'C Packets for 2008\9-15-08 Public Wearing\tpc minutes 9-15-08.doc • The Glossary is important to the Plan as it affects the application and interpretation of goals, policies, and recommended action measures. Future decision-makers will use the Glossary to provide direction in interpreting the Plan. • The Commission at its Aug 18 workshop, requested staff to revisit a number of definitions before tonight's hearing and review the clarity/content. Staff reviewed the definitions and has included recommended changes along with commentary in a Memo dated Sept 8d,. These recommended changes are also incorporated into Exhibit A of the Staff Report. Wyss concluded that staff had found the language included in the amendment to be in compliance with the applicable state land use goals, the City's municipal code and comprehensive plan policies, as well as federal, state, and regional plans and regulations and, therefore, staff recommends the Commission forward to the City Council the language found in Exhibit A. President Inman recognized Sue Beilke, 11755 SW 114th, Tigard, OR - who had signed in to testify in opposition. Ms. Beilke went over the reasons she was in opposition. (Contained in Attachment 1.) There were no other members of the public present to testify either for, or against. PUBLIC HEARING CLOSED DELIBERATION With the commissioners' consent, Staff did not go through the changes one by one, but addressed the changes as the Commission had specific questions, comments, or suggestions. At this point, President Inman asked if any of the Commissioners had questions, comments, or suggestions. After deliberation, the following changes to the Glossary were agreed upon and recommended: • Add "Active Recreation - See Tigard Development Code Chapter 18.120." • Under "Greenspace/Greenway" add "or" to and - so it would read "An area intended to contain a natural quality that protects valuable natural resources and provides wildlife habitat and/or opportunities for nature-related outdoor recreation, such as viewing and studying nature and participating in trail activities. PLANNING COMMISSION ML:F.IING MINU 13S Member 15, 2008 - Page 3 of 5 I:\LRl'LN\Dorccn\I'C\PC Packets for 2008\9-15-08 Public lieadng\tpc minutes 9-15-08.doc • "Natural Resources" change to read: "resources and resource systems identified in Statewide Planning Goal 5_ ineludig Examples include: fish and wildlife habitats, wetlands, streams and associated riparian corridors, groundwater and rare and endangered fish and wildlife, plants and plant communities. • Under "Open Space" delete "both undeveloped or minimally developed." • Add "Passive Recreation - See the Tigard Development Code Chapter 18.120." MOTION After President Inman's summarization of the recommended changes, Commissioner Vermilyea made the following motion: "Madam Chair, I move for approval of application Comprehensive Plan Amendment 2008-00009, and adoption of the findings and conditions of approval contained in the staff report and based on the amendment enacted or adopted here this evening." Commissioner Hasman seconded the motion. There was a vote and the motion carried as follows: AYES: Anderson, Doherty, Hasman, Inman, Muldoon, Vermilyea & Walsh NAYS: None ABSTENTIONS: None EXCUSED: Fishel, Caffall President Inman noted this item is scheduled for the City Council Workshop on October 141'), while the Public Hearing is scheduled for October 280h. There was a question as to when the Planning Commission Public Hearing on "Urbanization" would be coming back. Wyss answered "October 6th." [The newspaper had failed to publish the requested Public Hearing Advertisement - therefore, the upcoming hearing, after being properly advertised, would be revisited on 10/6.] 6. OTHER BUSINESS Assistant Community Development Director, Ron Bunch, briefly talked about the upcoming October 21St joint meeting the Planning Commission will be having with City Council. He called to their attention the February 19th minutes from the Planning Commission Special Session (held prior to the joint Planning Commission/City Council meeting.) The minutes from that joint meeting were also included in the Commissioner's packets. Mr. Bunch asked . the Commissioners to send staff any comments they might have about the upcoming several months of things they would like to work on. He said staff would put together a report for the Commission at its October 6th meeting and they will all have an opportunity to discuss this in depth before meeting with Council on October 21St. He said this would be a great opportunity to talk about the next phase. PLANNING COMMK910N MR17TING MINUTES Scptcmbcr 15, 2008 - Page 4 of 5 1ALRPLN\lloreen\PC\PC Packets for 2008\9-15-08 Public Hearing\tpc minutes 9-15-08.doc One of the commissioners asked whether the joint Planning Commission/City Council October 21St meeting would take the place of the regular Planning Commission meeting scheduled for October 20th. Bunch said yes, this would take the place of that meeting. 7. ADJOURNMENT President Inman adjourned the meeting at 8:42 p.m. Doreen Laughlin, Administrative eci list II ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINWES-September 15,2008 - Pagc 5 of 5 1:\LRPLN\Dorcen\I'C\PC Packcts for 2008\9-15-08 Public Hearing\tpc minutes 9-15-08.doc ATTACHMENT 1 August 25, 2008 Planning Commission City of Tigard RE: CPA 2008-00009 - Comprehensive Plan Amendment to update Introduction to reflect Current Conditions and include a Glossary of Key Definitions Dear Planning Commission Members: Citizens such as myself have spent considerable time and effort in participating.in the revisions of Tigard's Comprehensive Plan (CP); yet have little input-on the Definitions section. We have, the following comments for tonight's workshop, Some of these comments we provided in May at the Commission's workshop on Natural Resources, but . we find that again, our comments have been omitted from the staff's latest Definition section. Introduction Section 1) This needs to have a section on Uplands, # of acres, what it contains, etc. 2) There needs to be a section on Fish and Wildlife. This section should include what listed fish species occur in Tigard, as well as examples of wildlife that have been documented in our packs and open spaces. This is important . as it is addressed in the Natural Resources and Parks/Recreation/Open Space/Trails sections of the amended CP. • There need to be Definintions for the following, as all of these are addressed either in the Parks, Recreation, Trails & Open Space or Natural Resources sections of the amended CP. • Both the PC and staff agreed at the last workshopMay that *examples would be included in the Definitions section. • "Community Parks" - Add "Community Parks often include natural areas.or open space that provide important wildlife habitat as well as providing nature oriented recreation such as bird watching." In fact there is more natural area or open space in Cook Park than developed areas. "Examples include Cook Park and Summerlake Park." • "Endemic" - "A plant, fish or wildlife species only found or confined to a.particular region or area; having a comparatively restricted distribution." • "Greenspace/Greenway" Remove the wording "Size should be adequate to protect the resource" We have many areas in our greenways that are small (less than 5 acres) but that provide crucial habitat for migratory. birds, amphibians and many other species. Bonita Park for example, contains the rare camas in an area less than 1 acre but that small greenway is important in offering habitat for a rare and unique plant in Tigard. • "Open Space" - Add, "Open space may also include areas set aside solely for the protection and conservation of fish and wildlife habitat and species." This comes directly from wording in the adopted Policies section of Parks/Recreation/Open Space section of the CP and thus should be consistent with that amended section. o "Rare" - There needs to be a definition for "rare" as this is addressed in the Parks,/Trails/Operl Space section. Rare can be defined as "A plant, fish, wildlife or plant community that is considered unique, uncommon; unusual, or occurs infrequently. Rare species may also be those that are endemic to a particular site, area, or region. In some cases, rare species may also be listed by state and/or federal agencies." Examples of rare species in Tigard are several fish species, western pond turtles, Northern red-legged frogs, .camas, western red cedar/skunk cabbage bog plant community and oak prairie habitat. Rare species are often considered "species of concern" by state agencies." "Upland Habitat" Add, "Upland habitats include for example, * oak prairie (in Bonita Park), Ponderosa Pine/Oak camas prairie on the Brown property and Mixed' Conifer/Deciduous forest in Cook Park. "Wetland" - Use the definition accepted by the Division of State Lands. • Comprehensive Plan Map Legend / "Open Space" - Change current definition to read "These are areas designated to be retained in a natural state. In those areas where appropriate and where natural resources and not negatively impacted, some development of recreational uses may occur," • Threatened, Endangered and Sensitive Species - Include definitions for both State and'Federal listings including "Threatened, Endangered or Sensitive" listed species (these are on-line on the ODFW website). Give several examples of each. • "To the Extent Feasible" - This wording has been added despite it.being opposed by both the citizen natural resource committee members and other citizens who testified at recent hearings. It has no validity nor is it necessary to be in any part of the CP. If Tigard does not have the funding or staff to conduct a particular project for restoration, it simply should say so and not do it until it does have the funding, etc. Citizens do NOT want. this wording anywhere'in the CP. Please remove it. Thank you all for your time and consideration in this matter,. Sincerely, Susan geilke, gars of Fanno Greek hoard Member, Friends of Summer Ck le ConSe~ancy " AGENDA ITEM No. 6 Date: October 28, 2008 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing - Comprehensive Plan Amendment CPA 2008-00009 - Update the Comprehensive Plan Introduction and Add a Glossary of Key Definitions This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly awilable to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony I/Adm/Cathy/Mignup/Leg. PH Comp Plan Amendment 1 AGENDA ITEM No. 6 October 28, 2008 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly awilable to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral Name, Ad ss & Pho e No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # Meeting Date October 28, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Approve a Trespass and Exclusion Ordinance to Establish General Rules of Conduct on C4 Property Prepared By: Chief Bill Dickinson Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the City Council adopt an ordinance establishing rules of conduct on City property tht would be used throughout the City? The proposed ordinance was discussed at the October 21, 2008 Council workshop. STAFF RECOMMENDATION Approve the ordinance. KEY FACTS AND INFORMATION SUMMARY • The City currently has a Trespass and Exclusion ordinance for the public library that controls loud, disruptive behavior that does not rise to the level of criminal acts but that prevents the public from doing business and enjoying the public facility in a safe and peaceful manner. It has been successful in dealing with behavior problems at the library. This ordinance replaces and expands that authority to all city properties and legally empowers City employees to address disruptive behavior that does not rise to the level of any criminal act. • This ordinance would give the police and city employees the authority to request anyone illegally parking on city property, disrupting a public meeting, interfering with any city function or acting out in any disruptive or prohibited manner on City property to cease their behavior or leave the premises or be subject to arrest or cite for Criminal Trespass in the Second Degree. (C misdemeanor crime) City employees, including police, do not have the authority to require persons to cease many kinds of disruptive behavior that does not constitute a criminal offense, except at the public library. Police can only intervene when there is a clear indication of criminal conduct in violation of state law. This ordinance would address this. • This ordinance would deal with repeat offenders and- those who commit crimes on city property by giving the police the authority to exclude those persons from specific city property areas for periods of 30 days up to 180 days. There are provisions for due process appeals and variances to conduct legitimate business. • The kinds of prohibited behaviors would be posted by signage as needed to control specific problems that prevent or inhibit the city from conducting lawful, peaceful business with its citizens. (sample signage attached) • Other jurisdictions, such as ODOT, TriMet and the City of Portland have successfully adopted this type of approach and this ordinance has been reviewed by legal counsel and determined to meet current court requirements for impartiality, due process and variance procedures. OTHER ALTERNATIVES CONSIDERED The current Tigard Municipal Code only addresses behavior that is already criminal in nature and is adequately addressed by the enforcement of the Oregon Revised Statutes. CITY Comm GOALS Not Applicable ATTACHMENT LIST Copy of proposed ordinance. FIscAL Nom It is anticipated that there will be no costs beyond the current budget allowances. The costs of printing exclusion forms and processing and maintaining the required data will be absorbed by the current budget allowance. ..tae-k-ew e a Agenda Item # y Meeting Date October 28, 2008 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Third Quarter Council Goal U date Prepared By: Joanne Ben s n Dept Head Approval: City Mgr Approval: ISSUE BEFORE THE COUNCIL Third quarter informational update on 2008 City Council Goals. STAFF RECOMMENDATION Information only KEY FACTS AND INFORMATION SUMMARY Attached is a third quarter progress report on 2008 City Council goals. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST 1. Third Quarter Goal Report FISCAL NOTES N/A l:\ADM\City Council\Council Agenda Item Summaries\2008\3rd quarter goal AIS 081013.doc 2008 3& uarter Goal Update January 4th the City Council met to set its goals for the coming year. These goals represent those items that the Council feels deserve special attention in the months ahead. The City will accomplish w much more than what islisted here, but we identify these to be of particular importance to our residents. 1. Pursue opportunities to reduce traffic congestion in Tigard. • Pursue immediate low-cost projects to improve traffic flow. • Explore light rail on 99W. • Promote an access control study of 99W. • Support the I-5/99W connector project. • Continue state and regional advocacy for transportation improvements in Tigard. . 3rd uarter Update: ° Pursue immediate low-cost projects to improve traffic flow. ■ When the pavement overlay on Walnut Street was finished, a right turn lane was added for westbound traffic turning north onto 135th Avenue. Preliminary observations show this has increased capacity and reduced congestion at this intersection. ■ School zone flashing beacons have been installed at Fowler Middle School and on Gaarde Street adjacent to Gaarde Christian School. This allows traffic to flow at normal speeds for most of the day, while enhancing the safety of the School 20 during arrival and dismissal times. ■ The equipment for Metzger Elementary has been ordered with delivery expected by mid- October 2008. Those lights will be installed upon receipt. ■ The flashing beacons for Alberta Rider will be installed through City contract with the contractor submitting the low bid for Washington County's flashing beacon project. Because of County budgetary limitations, the City will contract for performance of the work using the County bid prices and will request reimbursement from Washington County for their share of the work. The work is expected to be completed by the end of the calendar year. ■ The electronic speed signs will be procured and installed through an open bid process. The bid documents are being prepared and should be advertised for bids in October 2008 with award in November, 2008. The electronic speed sign installations should be completed within three months after bid award. ■ Staff worked with ODOT Region 1 on a preliminary project design and funding application for improved technology for better signal coordination, incident management, and driver information along the 99W corridor. Council Goal Update ■ Staff has continued working with ODOT and Washington County signal timers to improve efficiency of signals on 72nd Ave, Bonita Road, and Durham Road. ■ Flashing yellow arrow protected/permissive phasing was installed at the Durham Road / 98th Avenue signal, allowing left turns when gaps are available in opposing traffic. ■ Design work is complete for modifications to the median on Dartmouth Street south of Hwy 99W to provide more stacking space for left-turners. The project is out for bids in October, with construction planned before Thanksgiving. ° Explore light rail on 99W. • Tigard staff was appointed to the Metro High Capacity Transit subcommittee in August 2008 and have attended two meetings since. The purpose of the subcommittee is to advise Metro and local decision-makers where future high-capacity transit services should be provided. Highway 99W has been listed by Metro as a potential high-capacity transit corridor. The Committee will meet a total of six times and present its recommendations and late winter or early spring of 2009. • Tigard staff was appointed to the Metro Performance Measures committee and has attended two meetings. The committee is important to Tigard's objective of addressing traffic congestion on the north-south arterial and freeway system (Interstate 5, Highway 217 and 99W). The committee will be making recommendations to decision-makers regarding how performance of key transportation facilities should be measured. This will help determine future regional future investment priorities. ° Promote an access control study of 99W. • The Highway 99W Corridor Improvement and Management Plan will be submitted for Planning Commission review and approval in the November/December timeframe. The adoption process through City Council will begin in early 2009. • City staff is continuing to consider development of an access management project (based on the Plan) from the I-5 interchange to either Dartmouth Street, or to the Highway 217 interchange, after the Plan is adopted. ° Support the I-5/99W connector project. ■ Regional and local transportation plans have recognized the need for a major connection between I-5 and Highway 99W for more than a decade. The increase in freight movement and traffic with destinations along the Highway 99W and I-5 corridors have resulted in heavy traffic congestion in the street systems along both major routes. Washington County, Metro and ODOT are jointly leading the I-5 to 99W Connector Project to address this regional problem. The Oregon Transportation Commission has recently designated this as a project of statewide significance. ■ A thorough and detailed study with rigorous analysis and ample opportunities for public involvement and jurisdictional coordination is underway to establish the alignment for this connector. The project is in Phase 1 of two phases. Phase 1 includes establishment of the preferred corridor for the project and submittal of the selected corridor for incorporation Counal Goa! Update 2 into Metro's Regional Transportation Plan. Phase 2 will identify and refine the project design through the EIS process, including obtaining a record of decision and federal authority to proceed toward construction. The City Engineer attends the Executive Management Team meetings as a non-voting, but fully participating, member of the discussions at the meetings. Current Status: • The PSC (Project Steering Committee) has concluded that the large freeway concept is much too costly and is not easily subdivided into meaningful phases for implementation. Based on PSC direction, the PMT (Project Management Team) has developed a hybrid concept that consists of a package of projects to enhance existing arterials and construct new arterials. The hybrid concept proposes three east-west arterial connections between I-5 and Highway 99W that would provide almost, but not quite, the capacity of a new freeway. • The hybrid concept has been distributed for EMT (Executive Management Team) and PSC member comments. If the concept is acceptable to the EMT and PSC, the concept will be modeled and tested to ensure that the project purpose, goals and objectives are met. The PSC (Project Steering Committee) has concluded that the large freeway concept is much too costly and is not easily subdivided into meaningful phases for implementation. Based on PSC direction, the PMT (Project Management Team) has developed a hybrid concept that consists of a package of projects to enhance existing arterials and construct new arterials. The hybrid concept proposes three east-west arterial connections between I-5 and Highway 99W that would provide almost, but not quite, the capacity of a new freeway. • The hybrid concept has been distributed for EMT (Executive Management Team) and PSC member comments. If the concept is acceptable to the EMT and PSC, the concept will be modeled and tested to ensure that the project purpose, goals and objectives are met. ° Continue state and regional advocacy for transportation improvements in Tigard. • Jason Tell, ODOT Region 1 Manager, will again be scheduled to meet with Council in early 2009. • City staff has worked with ODOT in the submittal of the Gaarde Street/Highway 99W/McDonald Street Intersection Improvement project for funding under the highway earmark process. The project is supported by ODOT and was one of the six projects in this region (and the only one from Washington County) approved by Metro's JPACT for submittal to Congress. • Staff continues to regularly attend regional and state transportation meetings to seek resolution of Tigard's transportation issues and promote transit improvements in Tigard. These efforts also include promoting Light Rail on Barbur Blvd./Highway 99W. • Metro Councilor Rex Burkholder, Chair of the Joint Policy Advisory Committee and Clackamas County Chair met with the City Council in August 2008 to discuss transportation funding strategies and priorities. Council Goal Update 3 • Staff continues to provide support for elected officials advocating on behalf of Tigard with regional and state leaders and groups. 2•d Quarter Update: Pursue immediate low-cost projects to improve traffic flow ■ School Zone flashing beacons have been ordered for the Fowler Middle School installation. These beacons are scheduled for installation by Public Works crews this summer before the start of school in September 2008. An order for similar equipment along Gaarde Street is in progress. The Gaarde Street installation will also happen prior to school opening in September 2008. ■ City staff and representatives from Region 1- Oregon Department of Transportation negotiated a contract with a consultant to update the Tigard Transportation System Plan (TSP). A significant part of the TSP will identify efforts to address traffic congestion and level of service issues within the City of Tigard. In addition, a contract has been negotiated with a consultant to complete a Pathway Connections Plan to provide walking alternatives to automobile travel. Both the TSP and the Pathway Connections Plan are funded the state's Transportation and Growth Management Program. ■ During this quarter, the city learned of Washington County's intent to close the Barrows Road Bridge. Subsequently, staff worked to inform Tigard's citizens of the County's proposal. This included articles in the Tigard Times and the Tigard Cityscape newsletter. In addition, the city posted information on its website and held meetings with the Tigard Committee for Citizen Involvement and CPO 4-B. Subsequently the city worked with Washington County to develop a traffic mitigation solution. This was followed by Mayor Dirksen meeting with Beaverton Mayor Rob Drake and county commission chair Tom Brian to discuss potential partnership solutions to the bridge closure. Explore Light rail on 99W ■ Long Range Planning staff has been at work coordinating with ODOT, Metro and TriMet regarding several transportation planning projects and processes that have potential to reduce traffic congestion. These include an update of the City Transportation System Plan (TSP); Pathway Connections Plan; long-range transit plan, and 2009-13 Metro Transportation Improvement Plan. Promote an access control study of 99W The Highway 99W Corridor Improvement and Management Plan will proceed through the adoption process this summer. ■ City staff is still considering implementation of an access management project (based on the Plan) from the 1-5 interchange to either Dartmouth Street or to the Highway 217 interchange. The actual project limits will be determined based on the funding available and the cost estimate for the improvements. Project development will be initiated after the Plan is adopted. Support the I-5/99W connector project The Project Team representatives provided Council with a status report of the project on May 13, 2008. ■ The Alternatives Analysis was released for public review in mid June. The current plan is to select a preferred alternative with recommended corridor alignment this fall for adoption into Metro's Regional Transportation Plan, and subsequently into the transportation plans of local jurisdictions. Continue state and regional advocacy for transportation improvements in Tigard. ■ Jason Tell, ODOT Region 1 Manager, met with Council at the May 19, 2008 workshop meeting. Council requested his help in funding the Greenburg Road/Highway 99W/Main Street intersection improvements, but learned that ODOT does not have the funds to do so, now or in the foreseeable future. ■ Council asked members of the Oregon Transportation Commission to attend a future City Council meeting but the request was declined. However, the Chair of the State Transportation Commission did meet with Mayor Dirksen to discuss transportation deficiencies and needs in and around Tigard. ■ Staff and ODOT began an update of the Tigard TSP. The TSP is the primary means for a Metro area jurisdiction to identify specific transportation needs and programs in a context of overall regional requirements. ■ Staff regularly attended regional and state transportation meetings to seek resolution of Tigard's transportation issues and promote transit improvements in Tigard. These efforts also include promoting Light Rail on Barbur Blvd./Highway 99W. Council Goal Update 4 ■ At the April 22, 2008 meeting, Council directed the Planning Commission to formulate a legislative recommendation regarding adoption of the Tigard 99W Improvement and Management Plan. ■ Council hosted Metro Councilor Rex Burkholder and Metro staff on July 1, 2008 to discuss the implications of the new Regional Transportation Plan (RTP) on Tigard. 18t Quarter Update: Pursue immediate low-cost projects to improve traffic flow School zone flashing beacons and electronic speed signs are proposed in the FY 2008-09 Capital Improvement Program budget. The installation of flashing beacons for Fowler Middle School at Walnut and Tiedeman, Assembly of God school along Gaarde Street, and Metzger Elementary along Locust Street should greatly enhance traffic flow on streets adjacent to those three schools. The beacons will be set to flash during specific hours of the day, which will allow vehicles to move at the posted speed limits when the beacons are not flashing. Electronic speed signs should help keep speeds within allowable limits by informing motorists of their speeds as they move through these school zones. Explore light rail on 99W Long Range Planning staff has been working and coordinating with ODOT, Metro and TriMet regarding several transportation planning projects and processes that have potential to reduce traffic congestion. These include an update of the City Transportation System Plan (TSP); Pathway Connections Plan; long-range transit planning, and 2009-13 Metro Transportation Improvement Plan. Promote an access control study of 99~Y1 The preparation of access management plans for Highway 99W requires detailed examination of each driveway and intersecting street along the corridor. This work is expensive and is best performed as part of a larger project to construct improvements on the highway. The Highway 99W Corridor Improvement and Management Plan recommended aggressive access management along the highway corridor, especially in areas close to the I-5 and Highway 217 interchanges. It may be possible through improvement projects to develop access management plans for the most heavily traveled segment of Highway 99W from the I-5 interchange to the 99W overpass adjacent to downtown Tigard. There is $1.660 million available in federal funds, which was originally scheduled for widening of Greenburg Road between Tiedeman Avenue and Shady Lane. That project was cancelled because of the high overall cost ($5.0 million), and the funds were held in reserve to possibly be applied to a high priority project identified in the Highway 99W Plan. City staff is considering implementation of median recommendations starting from the I-5 interchange at the north end of the City, south along the highway corridor as far as the funding permits. Part of the project will include a detailed access management plan within the project limits. If the funding does not extend the project all the way to the 217 interchange, City staff will seek funds to extend access management plan development the rest of the way. Discussions will be initiated with ODOT (Oregon Department of Transportation) to identify potential funding sources for this work. The Hall/99W and Greenburg/99W/Main Street intersection projects both include access management plans within those project limits. Adoption of these plans by the City will enable enforcement as development occurs or projects are implemented along the north half of the highway within the City. Long Range Planning staff is planning to undertake a transportation needs analysis of the Tigard Triangle in association with the City TSP update. Also in early spring 2008, staff will bring the Tigard 99W Corridor Improvement and Management Plan to Council for it to consider directing the Planning Commission to hold public hearings to adopt its recommendations. Many of these directly address the congestion and safety issues on Highway 99W and impacts on adjoining streets and properties. Support the I-5/99W connector project Regional and local transportation plans have recognized the need for a major connection between I-5 and Highway 99W for more than a decade. The increase in freight movement and traffic with destinations along the Highway 99W and I-5 corridors have resulted in heavy traffic congestion in the street systems along both major routes. Washington County, Metro, and ODOT are jointly leading the I-5 to 99W Connector Project to address this regional problem. The Oregon Transportation Commission has recently designated this as a project of statewide significance. A thorough and detailed study with rigorous analysis and ample opportunities for public involvement and jurisdictional coordination is underway to establish the alignment for this connector. The project is in Phase 1 of two phases. Phase 1 Council Goal Update 5 includes establishment of the preferred corridor for the project and submittal of the selected corridor for incorporation into Metro's Regional Transportation Plan. Phase 2 will identify and refine the project design through the Environmental Impact Statement (EIS) process, including obtaining a record of decision and federal authority to proceed toward construction. The City Engineer attends the Executive Management Team meetings as a non-voting, but fully participating member of the discussions at the meetings. Current Status. Project representatives provided a project overview at the Council meeting on June 26, 2007, then returned on August 21, 2007 for more detailed discussion on the range of corridor alternatives developed for the project. Since then, the project has progressed through elimination of certain infeasible alternatives, establishment of criteria for evaluation of remaining alternatives, and evaluation of those alternatives using the criteria established. The Project Team representatives will return on May 13, 2008 to provide a project status update on the findings of the alternatives evaluation and to answer any questions that Council may have. Following a public comment period this spring, a recommended corridor alternative will be selected, which will be incorporated into Metro's Regional Transportation Plan and subsequently into plan amendments to local transportation system plans. Continue state and regional advocacy for transportation improvements in Tigard The Highway 99W Corridor Improvement and Management Plan, if adopted by Council, will provide the basis for funding requests to implement high priority projects identified in the Plan. The preparation of the plan was a collaborative effort among ODOT, DLCD (Department of Land Conservation and Development), and the City of Tigard. The projects identified in the plan are intended to improve traffic flow on Highway 99W and improve intersection operations along the highway corridor. The adoption of the plan will be discussed with Council at the April 22, 2008 meeting, and Council direction will be requested to begin the adoption process through the Planning Commission. The periodic meetings of Council with the ODOT Region 1 Manager ensure a continuing dialogue that may lead to establishment of partnerships aimed at funding transportation improvements in the City. As'a first step this year, a request will be made for ODOT to participate in funding the anticipated shortfall in the Greenburg Road/99W intersection project. The next meeting with the Region 1 Manager is scheduled for the workshop meeting on May 20, 2008. 2. Complete the update and begin the implementation of the Comprehensive Plan. 3,d Quarter Update ■ The Planning Commission has recommended approval of the last Comprehensive Plan sections. These pertain to "Definitions and Plan Introduction." The City Council will hold its hearing on the Planning Commission recommendations in November 2008. If approved by Council, the Comprehensive Plan update will be completed. Minor housekeeping amendments will be done for the Goal 12, Transportation chapter at this time. A complete update of the transportation goals, policies, and action measures will be done upon completion of the City's TSP update. ■ Several Comprehensive Plan implementation activities are, or soon will be, occurring. These include code and ordinance updates; specific area planning for the Tigard Triangle; Urban Forest Master Plan; Parks and Recreation Master Plan update; and Tigard Downtown urban renewal effort s. 2.d Quarter Update: ■ Completion of the Comprehensive Plan is expected by October 2008. About 90 percent of the new Comprehensive Plan Chapters have been adopted and are (or soon will be) in effect. The Council public hearing on the remaining Chapter, Goal 14, Urbanization is expected in August, 2008. Chapters on Plan Administration and Definitions will be in September or October 2008. Minor housekeeping amendments will be done for Goal 12, Transportation. A complete update of the transportation goals, policies, and action measures will be done upon completion of the City's TSP update. Council Goal Update 6 ■ Several Comprehensive Plan implementation activities occurred. These include code and ordinance updates; specific area planning for the Tigard Triangle; Urban Forest Master Plan; Parks and Recreation Master Plan update and Tigard Downtown urban renewal efforts. 15t Quarter Update The Comprehensive Plan is about 70% complete: ■ Goal 1: Citizen Involvement (Adopted by Council on Feb 5, 2008 and effective on March 6, 2008) ■ Goal 6: Environmental Quality (Adopted by Council on Dec 11, 2007 and effective on Jan 10, 2008) ■ Goal 7: Hazards (Adopted by Council on Dec 4, 2007 and effective on Jan 3, 2008) ■ Goal 8: Parks (Adopted by Council on Dec 11, 2007 and effective on Jan 10, 2008) ■ Goal 9: Economy (Adopted by Council on Feb 5, 2008 and effective on March 6, 2008) • Goal 10: Housing (Adopted by Council on Feb 5, 2008 and effective on March 6, 2008) ■ Goal 11: Public Facilities (Adopted by Council on Dec 4, 2007 and effective on Jan 3, 2008) ■ Goal 13: Energy Conservation (Adopted by Council on Dec 11, 2007 and effective on Jan 10, 2008) Work sessions and public hearings are being scheduled for the remaining four elements that include Goal 2, Sections 1 and 2: Land Use Planning and Urban Forest Resources; Goal 5, Natural Resources; Goal 11, Urbanization. Minor housekeeping amendments will be done to the Goal 12, Transportation chapter at this time. A complete update of the Transportation goals policies and action measures will be done upon completion of the TSP update. The Comprehensive Plan is being implemented on several fronts, such as code and ordinance updates, specific area planning (e.g., the Tigard Triangle), parks and recreation master plan update, and Downtown urban renewal. 3. Implement the Downtown Urban Renewal Plan • Prioritize and begin implementing tasks identified in the development strategy for downtown 3rd Quarter Update: • A draft of the Downtown Urban Design Vision project is under review. The project will be refined and then presented to Planning Commission, Council and Downtown stakeholders in late fall. This project is intended as a means to evaluate development related conditions and factors, express the Downtown's development potential, and communicate /market the area's potential to the public, investors, and to regional and state agencies that might assist with infrastructure and other redevelopment efforts. • Staff continues to work with Metro's Transit Oriented Design Program and with TriMet to propose a redevelopment project on the approximately.6 acre existing Transit Center site. Metro might assist the City and TriMet with site planning, market analysis, and developer recruitment. • Work continues to develop the Downtown Urban and Development Standards. Following community open houses and other opportunities for public comment, it is expected that the Planning Commission will begin hearings on the new standards in fall 2008. Burnham Street Update • Staff continues to work with Right-of-Way Associates and property owners on issues regarding right-of-way and property acquisition. To date, six property ROWS have been acquired, three Letters of Agreement (LOA) are ready, and seven other properties are being worked on. This leaves five properties pending other action. Council Goal Update 7 • Staff is also working with OTAK to finalize the construction drawings. The final set of plans was delivered to staff and made available to other departments and utilities for review and comment. We expect to return the final redline set to OTAK within the next two weeks. The final engineer's estimate and bid document will reflect these changes. 2^a Quarter Update: A Downtown Urban Design Vision project will be completed at the end of July. This project is intended as a means to evaluate development related conditions and factors, express the Downtown's development potential, and communicate/market the area's potential to the public, investors, and to regional and state agencies that might assist with infrastructure and other redevelopment efforts. Staff is working with Metro's Transit Oriented Design Program and with TriMet to propose a redevelopment project on the approximately.6 acre existing Transit Center site. Metro may assist the City and TriMet with site planning, market analysis, and developer recruitment. 15t Quarter Update o The CCDA adopted the Fanno Creek Park & Plaza Master Plan on February 12, 2008, providing direction for further action on key Urban Renewal projects including the plaza, lower Fanno Creek Park improvements, and adjoining property redevelopment. o The CCAC has reviewed revisions to the City's Downtown Implementation Strategy for FY 2008-09 incorporating the recommendations from the Leland Development Strategy, completed in September 2007. The CCAC has recommended adoption of the revised City strategy by the CCDA, which will be presented for their consideration on April 8,h. o Strategic actions within the Downtown Implementation Strategy have been prioritized for the upcoming FY 08- 09 work program, and a 3-year, FY 09-10 to FY 11-12 timeframe. o Key actions for the FY 08-09 work program have been identified and resources allocated as part of the current budget process. Actions include securing a replacement site for Stevens Marine, Inc. for the Downtown Plaza, developing a specific program to stimulate new investment in the 2 shopping centers at Hall / 99W intersection, undertaking a redevelopment study of properties adjoining the plaza site and the Public Works site for potential future redevelopment, completing new Land Use and Design Guidelines, and continuing progress in the design and reconstruction of Burnham and Main Streets. Long Range Planning staff continues work on the Downtown land use program, including design and development standards, map designations and urban design refinements. In addition, staff is working with TriMet to determine the feasibility of relocating bus stops and using its bus transit center for a redevelopment catalyst site. 4. Promote and honor good citizenship in Tigard • Recognize good citizenship by individuals and groups • Build youth involvement programs • Support the neighborhood program 3rd Quarter Update: This quarter the Police Youth Services Division achieved the following goals: ■ Provided DARE Summer Camp for more than 500 kids. ■ Police Explorer Programs - Explorers have volunteered 822 hours to date. ■ After-school Programs - Adding programs at Fowler and Twality Middle School starting in November. ■ Tigard Youth Advisory Council sponsored a movie night during Family Fest attracting approximately 125 community members of all ages. TYAC held officer elections and named Alexander Carsh as President with Narintohn Luangrath as Vice-President. ■ Peer Court is starting back up after having the summer months off. Counal Goal Update 8 ■ A self-defense class was developed this quarter that will take place October 7th and 9th at the Public Works Building This quarter the Library Youth Services provided the following services and programs: ■ Story Times - 616 in June and 1282 in July ■ Children's Special Programs -1026 in June and 904 in July ■ Young Adult Programs - 96 in June and 129 in July Support the Neighborhood Network Program: ■ This quarter the Neighborhood Network program gained web page representation in 11 of 13 neighborhoods. A full page of the city's monthly newsletter Cityscape is devoted to the program and "News You Can Use." If volunteers in the two remaining areas aren't realized, Liz Newton will seek out potential webmaster candidates through other means. ■ The Committee for Citizen Involvement discussed the outline for the next phase of the Neighborhood Network program: Activity Guidelines & Criteria. With most of the neighborhoods represented, staff want to shift gear and focus on getting area steering committees established. ■ Draft steering committee guidelines containing a purpose statement, cover membership, appointment, responsibilities, meetings, meeting notices, chair selection and duties, minutes, and the role of the CCI were discussed. CCI approved committee promotion on the Neighborhood webpages. ■ The Neighborhood Network Beautification/Clean-Up Event proposal was discussed this quarter. This element of the program is defined as sprucing up private property and common areas to build a sense of community. Staff will work with the CCI to review and approve the application packet. ■ Neighborhood Program Boundary Change Procedures were discussed in August. The CCI previously agreed to a policy of considering boundary changes once a year at the annual Neighborhood Program open house. ■ Every time a new Cityscape issue is delivered to homes the local web pages experience an increased number of hits (visits). 2nd Quarter Update: Build youth involvement programs Tigard Youth Advisory Council hosted the following community events between April and June 2008: Bike Fair- 250 kids and adults participated in this event. Working with the Tigard Police, they handed out free helmets and provided helmet checks, safety information and a bicycle safety course. Movie Night - featuring "The Bee" movie, approximately 60 families and youth attended. DARE to be GREAT Summer Camp - Held at Metzger Elementary School during the weeks of June 16th , June 23rd , July 7th , July 21St , July 28th, more than 75 kids attend each week. This continues to be a very popular and valuable event in the community. Peer Court - A group which allows community-service-oriented youths interested in the criminal justice system to help law enforcement and serve their community. Members are trained to perform specific court functions (attorney, bailiff, court recorder, court clerk) and offer first time young offenders an opportunity to avoid the serious implications associated with formal entry into the criminal justice system. Held the 2^d and 4th Monday of every month, 15 volunteer youth and a volunteer judge hear six cases a month. Police Explorers - Tigard's newest youth program started in May with seven members. They attended the Police Council Goal Update 9 Explorer Academy in Salem June 16th - 27th, completing 80 hours of training. Their first assignment was at the Balloon Festival in June, followed by the 4th of July, a Car Seat Clinic, DARE to be Great Camp and a Safety Day devoted to engraving drivers license numbers on vehicle catalytic converters to avoid theft. Tasks included traffic control, assisting citizens with questions and providing hands-on work with officers. Tigard Library Youth Programs - The library increases community outreach by providing an array of programs that appeal to all ages. Story Time - 95 sessions had 2,851 kids in attendance. Children's Special Programs - 28 sessions with 1,166 kids attending. Special programs include Dogs & Tales, Super Tuesday, Saturday Adventure, Spring Break Festival, Prime Time Family Reading, Cinco de Mayo and TV Turn-Off Week. Movie Time, held twice this quarter, hosted 91 children and Library Outreach, consisted of 43 programs which included visits from community organizations, visits to and from schools and young adult programs. Support the neighborhood program Since last quarter, four more neighborhood web pages have gone live, with an additional four under construction. This brings the total number of `live' neighborhoods to 11, with only one area unclaimed at this time. The Committee for Citizen Involvement finalized the Neighborhood Network Steering Committee guidelines and discussed draft guidelines for the Neighborhood Network Beatification/Clean-up events. 1st Quarter Update The Neighborhood Network program was kicked-off February 2, 2008. Staff distributed 144 Neighborhood Network packets to approximately 175 participants. About 200 packets have been distributed to date. Since January 2, more neighborhood web pages have gone `live' for a total of three sites. The fourth site is "under construction" while training has been conducted with volunteers for two additional neighborhoods with interest expressed in another. 5. Explore the possibility of placing a parks and greenspaces bond on the ballot in 2010. 3rd Quarter Update Information for the Council will be supplied through a Park System Master Plan Update and a new Park SDC study. The update of the Park System Master Plan (PSMP) is progressing as scheduled. Community input has been obtained through: ■ A formal, scientific telephone survey asking questions first posed in 2004. ■ An online survey. (This survey was also mailed to those who requested it.) ■ A community questionnaire offered at the City's Balloon Festival booth. ■ Informal meetings held with recreation group providers and individual stakeholders. ■ A public visioning workshop held September 8. Approximately 20 people attended the visioning meeting and worked with the consultant, MIG, to help determine the important elements of the Master Plan. E-mail comments were also received from several people who did not attend the meeting. In addition, there have been two technical advisory group meetings to document existing facilities, maintenance requirements, and staffing. The results and feedback associated with the update are posted on the City's web site. The Park System Master Plan update is slated for completion in late 2008 or early 2009. The City will undertake an update of park system development charges (SDCs) once the Park System Master Plan is approved by City Council. Counczl Goal Update 10 The updated Park System Mater Plan and updated SDCs should help the Council decide whether it wants to pursue a 2010 parks and greenspaces bond measure. 2^d Quarter Update The update of the Park System Master Plan (PSMP) is moving forward. Community input has been obtained through: ■ A formal scientific telephone survey. ■ An online survey. ■ A community questionnaire offered at the City's Balloon Festival booth. ■ Informal meetings held with recreation providers and stakeholders. Results from the surveys and questionnaires are currently being compiled and analyzed. MIG, the consultant working with staff on the PSMP, will present the results of the surveys and questionnaires at the August 11, 2008 Park and Recreation Advisory Board (DRAB) meeting. The PRAB will then hold a visioning meeting on September 8, 2008 working towards the initial draft of the PSMP. The public will have another opportunity to comment on the PSMP at the September 8 PRAB meeting. 111 Quarter Update On March 12, 2008 the Parks Master Plan process got underway to develop a needs analysis. 6. Make a decision on Tigard's long-range water source(s). 3,d Quarter Update Goal Completed. Tigard executed a partnership agreement with the City of Lake Oswego in August. This partnership allows both cities to access and develop additional domestic water supplies from the Clackamas River. These additional supplies are expected to be online by 2016. Staff is now focusing on financial, technical and legal tasks associated with the implementation of the agreement. Tigard continues to pursue additional future water source opportunities with the City of Tualatin and City of Sherwood. This source(s), when combined with our Lake Oswego partnership, will provide the Tigard Water Service Area with an adequate, secure, and economical water supply well into the later part of this century. 2nd Quarter Update A draft Intergovernmental Agreement has been written. Both Lake Oswego and Tigard are scheduled to execute the agreement on August 5, 2008, securing a long-term water source for the city. Pt Quarter Update Staff collaborated with citizens and Tualatin Valley Community Television (TVCTV) to write and produce a video for educational purposes called "WATER FOR TOMORROW." The video was viewed at the Council meeting of March 25 and citizen volunteers were honored. Staff and representatives from Tigard Council and Lake Oswego Council have been meeting regularly during the first three months of the year to discuss a long-term water source development partnership. A joint meeting between Tigard City Council and the Lake Oswego City Council will be held on April 15, 2008 Council Goal Update