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City Council Packet - 11/09/2010
I N 'I TIGARD City of Tigard TIGARD CITY COUNCIL BUSI\N:SSMr, N;TING November 9, 2010 COUNCIL M H', KTIN G WILL B 1 T FL KVIS KD I: \Ofs \Donna \Ccpkt1 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov City of Tigard , II Tigard Business Meeting - Agenda TIGARD TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: November 9, 2010 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign -up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. 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 pin. 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 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503- 639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http: / /www.tvctv.org/ government - programming /government meetings /tigard CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. a II g ®0 City of Tigard I T Business Meeting - Agenda TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: November 9, 2010 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION A. DISCUSS URBAN FORESTRY PROGRAM FUNDING B. UPDATE ON THE TREE GROVE PRESERVATION PROGRAM OPEN HOUSE C. DISCUSS THE PRELIMINARY NOVEMBER 2, 2010 ELECTION RESULTS D. ADMINISTRATIVE ITEMS • Council Preference: Continue to schedule Quarterly Goal Status Updates during the Council Business meeting or schedule this report as a Receive and File on the Consent Agenda? • Team Building Meeting Suggested Date - Tuesday, December 7. Council time preference - 6:30 p.m., 7 p.m.? • Council Preference: Date, Location, Time for 2011 Goal Setting Meeting? • Ceremonial Council Meeting - January 11, 2011 • No study session - photos from 6:30 -7 p.m. • 7 -7:30 - light dinner • Oaths of Office • Inaugural remarks of newly elected officials • Elect Council President for 2011 - 2012 • State of the City Address • Reception to follow the meeting • Council Calendar: • Thursday, November 11 - Veterans Day Holiday - City Hall Closed • Tuesday, November 16 - Council Workshop Meeting - 6:30 p.m. • Tuesday, November 23 - Council Business Meeting - 6:30 p.m. • Thursday and Friday, November 26 and 26, Thanksgiving Holiday - City Hall Closed • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations, under ORS 192.660(2) (e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. (Estimated time: 15 min.) III �o� City of Tigard ,-'...- :: ®2 5 Tigard Business Meeting - Agenda 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) 7:35 p.m. (time is estimated) A. Follow -up to Previous Citizen Communication B. Tigard High School Student Envoy C. Tigard Area Chamber of Commerce D. Citizen Communication — Sign Up Sheet 3. CONSENT AGENDA: 7:45 p.m. (time is estimated) (Tigard City Council and Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. 1. August 10, 2010 2. September 14, 2010 3. September 28, 2010 B. 1. Tentative Agenda 2. Council Calendar C. Approve Submittal of Oregon Department of Transportation Flexible Funds Application for Improvements to 121st Avenue Resolution No. 10 - 56 RESOLUTION SUPPORTING AN APPLICATION FOR OREGON DEPARTMENT OF TRANSPORTATION FLEXIBLE FUND PROGRAM FUNDS TO FINANCE THE CONSTRUCTION OF SIDEWALK AND RELATED IMPROVEMENTS ALONG PORTIONS OF SW 121ST AVENUE. D. Local Contract Review Board: 1. Award Contract for Street Sweeping Services to Water Truck Services, Inc. • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council /City Center Development Agency has voted on those items which do not need discussion. 4. PROCLAIM DECEMBER 6 -12, 2010 HUMAN RIGHTS WEEK AND DECEMBER 10, 2010 HUMAN RIGHTS DAY 7:50 p.m. (time is estimated) 5. INFORMATIONAL PUBLIC HEARING TO CONSIDER A RESOLUTION ESTABLISHING CANTERBURY SANITARY SEWER REIMBURSEMENT DISTRICT NO. 50 7:55 p.m. (time is estimated) • Open Public Hearing • Hearing Procedures • Staff Report: Community Development Department • Public Testimony • Staff Recommendation • Council Discussion • Close Public Hearing • City Council Consideration: Resolution No. 10 -57 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 50 (SW CANTERBURY LANE). 6. INFORMATIONAL PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE WATER RATE STUDY 8 :15 p.m. (time is estimated) • Open Public Hearing • Hearing Procedures • Staff Report: Community Development Department • Public Testimony • Staff Recommendation • Council Discussion • Close Public Hearing • City Council Consideration: Resolution No. 10 - A RESOLUTION ADOPTING THE WATER RATE STUDY WHICH PROVIDES A LONG -TERM FINANCING STRATEGY TO FUND THE LAKE OSWEGO - TIGARD WATER PARTNERSHIP AND OTHER WATER CAPITAL IMPROVEMENTS 7. CONSIDER A RESOLUTION AMENDING THE MASTER FEES AND CHARGES SCHEDULE TO INCREASE WATER RATES 8:30 p.m. (time is estimated) • Staff Report • Council Discussion • Council Consideration: Resolution No. 10 -59 A RESOLUTION TO AMEND THE MASTER FEES AND CHARGES SCHEDULE, AS ADOPTED BY RESOLUTION 10 -30, TO INCREASE WATER RATES TO FUND THE LAKE OSWEGO - TIGARD WATER PARTNERSHIP AND OTHER CAPITAL IMPROVEMENTS 8. REVIEW AND DISCUSS LEGISLATIVE AGENDA FOR 2011 OREGON LEGISLATIVE SESSION 8:40 p.m. (time is estimated) • Staff Report • Council Discussion 9. CONSIDER AMENDMENTS TO COUNCIL GROUNDRULES (RESOLUTION) AND CODE OF CONDUCT FOR APPOINTED BOARDS AND COMMITTEES (ORDINANCE AND RESOLUTION) - CONTINUED FROM THE OCTOBER 26, 2010 CITY COUNCIL MEETING 8:50 p.m. (time is estimated) • Staff Report - Council Groundrules • Council Discussion • Council Consideration - Resolution No. 10 -60 A RESOLUTION AMENDING THE COUNCIL GROUNDRULES, ADDING THE CODE OF CONDUCT, AND SUPERSEDING RESOLUTION NO. 08 -45 • Staff Report - Code of Conduct for Appointed Boards and Committees • Council Discussion • Council Consideration: Ordinance No. 10 - 17 AN ORDINANCE CREATING TIGARD MUNICIPAL CODE SECTION 2.07, CODE OF CONDUCT FOR APPOINTED OFFICIALS SERVING ON CITY BOARDS, COMMITTEES AND COMMISSIONS, AND AMENDING CHAPTER 2.08, PLANNING COMMISSION, BY DELETING SECTION 2.08.030, COMMISSION REMOVAL Resolution No. 10 - 61 A RESOLUTION ESTABLISHING THE CODE OF CONDUCT FOR APPOINTED MEMBERS OF THE CITY'S BOARDS, COMMITTEES AND COMMISSIONS 10. UPDATE ON 3RD QUARTER COUNCIL GOAL STATUS 9:10 p.m. (time is estimated) • Staff Report • Council Discussion 11. COUNCIL LIAISON REPORTS 9:15 p.m. (time is estimated) 12. NON AGENDA ITEMS 13. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 14. ADJOURNMENT 9:20 p.m. (time is estimated) AIS -210 Item #: A. Business Meeting Date: 11/09/2010 Length (in minutes): 20 Minutes Agenda Title: Discuss Urban Forestry Program Funding Prepared By: Todd Prager Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE At its November 16, 2010 joint meeting with Council, the Tree Board wants to discuss the prospect of developing a comprehensive urban forestry funding proposal as part of their 2011 goals. Staff wishes to provide background on the Tree Board's proposal in advance of the meeting, explain how it relates to the funding discussions that are part of the Urban Forestry Code Revisions project, and clarify whether Council is comfortable with the approach. STAFF RECOMMENDATION / ACTION REQUEST Receive briefing from staff in advance of the joint meeting with the Tree Board. Clarify for staff whether Council is comfortable with the approach to the upcoming urban forestry program funding projects. KEY FACTS AND INFORMATION SUMMARY The Tree Board is currently involved in two projects related to funding Tigard's urban forestry program. The first funding project is the clarification and programming of the City's existing Tree Replacement Fund. On February 16, 2010 Council directed staff to work with the Urban Forestry Code Revisions Citizen Advisory Committee (which includes Tree Board representatives) to determine how the funds collected from developers as mitigation for tree removal over the past 15 years should be utilized (The Tree Replacement Fund balance is in excess of $1.1 million and may reach $2 million in the next fiscal year). The Tree Board developed a preliminary recommendation to expand the allowed uses of the Tree Replacement Fund for the Citizen Advisory Committee's consideration at their October 13, 2010 meeting. The Citizen Advisory Committee reviewed and discussed the Tree Board's recommendation and is formulating their recommendation. Staff recommends that the Tree Board carry forward the final proposal based on the consensus of the Citizen Advisory Committee to Council in February 2011. The second funding project will be proposed to Council by the Tree Board during a joint meeting on November 16, 2010. The Tree Board will be seeking approval to work on implementation item 1.2.b in the Urban Forestry Master Plan(accepted by Council on November 10, 2009) as part of their goals for 2011. Implementation item 1.2.b says beginning in 2011 and ending in 2012, the City will . "Investigate possible funding mechanisms to help support an ongoing tree and urban forest enhancement program." If Council approves this project, the Tree Board will work with staff to: • Evaluate how the various components of the City's urban forestry program are funded, • Identify funding gaps, and develop a proposal to Council on how to fill the funding gaps, and • Develop a sustainable and ongoing urban forest enhancement program. Staff recommends the proposal for this second funding project be reviewed and discussed by the Citizen Advisory Committee in May to June of 2011 before a final proposal is presented by the Tree Board for Council's consideration in September or October of 2011 in time for incorporation in the 2012 -2013 budget. The first funding project could result in an expansion of the allowed uses of the existing Tree Replacement Fund for items such as preservation, education/outreach, and restoration in addition to its current use for tree planting. This will influence the available funding sources for the proposed second funding project, which is more comprehensive and is geared towards developing a sustainable and ongoing urban forest enhancement program (as opposed to simply a mitigation program). Staff proposes to coordinate both funding efforts as follows: • October 2010 - Urban Forestry Code Revisions Citizen Advisory Committee discusses Tree Board recommendation on the allowed uses of the existing Tree Replacement Fund. • November 2010 - City Council /Tree Board joint meeting to review the Tree Board's 2010 work program, establish a work program for 2011, and introduce the Tree Board's draft principles for developing a sustainable and ongoing urban forest enhancement program. • December 2010 to February 2011 Tree Board reviews Citizen Advisory Committee input on allowed uses of the existing Tree Replacement Fund, and prepares a recommendation to Council. • February 2011 - Joint City Council /Tree Board meeting to discuss recommendation regarding use of the existing Tree Replacement Fund and any budget outcomes for FY2011 -2012. • March 2011 to April 2011 - Tree Board finalizes principles and drafts recommendations for a sustainable and ongoing urban forest enhancement program. • May 2011 to June 2011 - Citizen Advisory Committee reviews Tree Board's recommendations for a sustainable and ongoing urban forest enhancement program. • July 2011 to August 2011 - Tree Board discusses Citizen Advisory Committee feedback and finalizes their recommendations for a sustainable and ongoing urban forest enhancement program. • September or October 2011 - Joint City Council /Tree Board meeting to discuss recommendations for a sustainable and ongoing urban forest enhancement program. This information is intended to provide Council more background on both urban forestry funding projects in advance of their joint meeting with the Tree Board. Staff would like Council to clarify whether they are comfortable with this approach, or if they would like to see a greater or lesser role of either the Citizen Advisory Committee or Tree Board in either of these projects. OTHER ALTERNATIVES N/A - Council discussion item with direction to staff requested. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Goal 1.b - Update Tree Code Urban Forestry Master Plan Implementation Item 1.2.b DATES OF PREVIOUS COUNCIL CONSIDERATION February 16, 2010 - Council directed staff to work with the Urban Forestry Code Revisions Citizen Advisory Committee on the clarification and programming of the Tree Replacement Fund. November 10, 2009 - Council accepted the Urban Forestry Master Plan which states the City will investigate funding for an ongoing tree and urban forest enhancement program. Attachments Draft Guiding Principles for Funding Tigard's Urban Forestry Program City of Tigard Guiding Principles for Funding . TIGARD Tigard's Urban Forestry Program Guiding Principles The City of Tigard's urban forestry program shall be informed by the following guiding principles: 1. Funding for urban forestry needs to come from multiple sources, not just the Tree Fund. 2. A comprehensive urban forestry program includes preservation, planting, maintenance, education /outreach, planning, and enforcement whether for public or private property. 3. Funding for urban forestry needs to be consistent with the legal requirements of the funding source, and appropriate for the components it is supporting. 4. City Council decision making should be informed by the spectrum of community interests and City Departments that have an interest in urban forestry funding. 4 ( tN. J , I S'S -i art d 7S'ti J u s a �, .l % y. CJ i li ___. Iii R e quest for Quotes ;; MEP-RN ) : ;... Urban Forestry Design Manual TIGARD Consulting for Tigard (Flexible Services Contract) 1. INTRODUCTION The City of Tigard has a need for the services of a consultant on an as- needed basis in the field of Landscape Architecture /Urban Forestry. The services rendered will include working with City staff on developing an urban forestry design manual with drawings and specifications intended to help clarify urban forestry code provisions. Alit 2. BACKGROUND AND OBJECTIVES. r x ; 4 � ' The City of Tigard is designated by the Natiiohal Arbor Foundation nd State of Oregon as a Tree City USA in recognition of its commitment to'Asurban trees and forests. :;'' ' ' `F= q4•.. In the summer of 2008, the Cit adopted its first Urban'Forest section iri the Tigard Comprehensive Plan which establi's'hes broad oals` o licies , and action measures to update Tigard's tree and forest related programs and �` egulations. As part of implementation of the Tigard Comprehen the C4,.,,created its first Urban Forestry master plan; (accepted by Council on N 10i,;;2,009), followed by the initiation of an Urban Code U p date�anathe'd'evelo p ment of a Tree Grove Preservation Program. Both these these projects °'are presently underway, with completion anticipated' in ` ° 4 Throughout thes,e(planning processes stakeholders have expressed a need for a an urban forestry design;manual drawings, and specifications to assemble and clarify '4'i v� w� cod r equirements such', a tree`inventory and protection standards, tree planting and restorationkstandards, parking lot design standards, and tree /forest maintenance standards. fri response to`ithis need, a design manual will be developed in conjunction eth: >.the urban forestry code update. 3. POTENTIAL 'S;CO PE` OF WORK ELEMENTS �Q�ti The City is anticipating the need for a contract worth up to $7,500 covering the list of potential scope of work elements below. However, no specific contract amount is guaranteed. The City intends to award a single contract for the range of services, based on the quality of proposals received. Services will be provided on an as- needed basis beginning in January 1, 2011 and ending December 31, 2011. One year extensions may be negotiated depending on future needs. Potential services that may be requested include: • Coordinate with the City to determine which elements of the urban forestry design manual will be completed in house by City staff, and which will be completed by the consultant. • Research and produce standards, specifications, and drawings and incorporate best practices into the urban forestry design manual. • Provide the City with electronic copies of all specifications and drawings in formats. All specifications and drawings will become the intellectual property of the City upon delivery. • When necessary, subcontract with other urban forestry professionals such as landscape architects, arborists, foresters, and engineers when additional technical input is needed. • Present the urban forestry design manual `and answer any questions during meetings of citizen committees, technical committees peer review panels, Planning Commission, and City Council. • Revise the urban forestry design manual as needed. �� yh4 4My kb 4. PROJECT ADMINISTRATION staff will identify projects requiring. consulting` Staff will assign and manage the work of Contractors. Specific Issignments VAbe provided to Contractors through a work order agreement which will include a detailed description e rend of the services to bered, the cost of such services, and a `time period in which to complete the Cas tasks The agreement also specify the City project manager and other staff assigned to the project. Contractors will not proceed with work until written assignment, properly executed by the City, has been received. City staff shall have direct contact with sstaff that will be performing the ,&si4.i ^�' r �a work,ontractorswtill cooperate with Ci staff and other consultants and contractors as directed perform the services required. 5. SUBMITTAL PROCESS Submissions 'for this serviceare due , 2010 by 5:00 PM. The proposal submittal shalhconsist of a cover letter and a maximum of 10 sides of printed material (5 double s ided pages.) The submittal should include: A. Cover Letter One -page cover letter with a statement of understanding of the project. B. Firm and Staffing Information Describe the firm /consultant's experience as it relates to the potential scope of work elements and issues of relevance to development and redevelopment in the City of Tigard. Of particular interest is experience in the redevelopment of grey - field sights and large parking lots, low- impact and sustainable design approaches, high density housing, mixed use development, and streetscapes. Provide short profile of each key staff member you propose to perform tasks, including their education, work history, areas of expertise and other pertinent professional qualifications and certifications. C. Capacity and Availability Briefly describe the firm's resource capacity and ability to respond to critical time and complex scope requirements on short notice; including ability to perform on- site work in Tigard with limited advance notice. D. Previous Project Experience and References ,. Provide a brief description of up to three projects that the firm /consultant has completed in the last five years in any of the potentalscope of work categories. Include a summary of the firm's specific role inh th'�e project. Provide the name and 0 for each client. ,$:;'b, .xh contact information f r a,. E. Fee ` k M: List the hourly billing rates of each key staff member and provide ,billing rates of administrative or support staff as it relate tolthe w ork` proposed Alsoindicate any direct, indirect and reimburs State able expenses whether reimbursable 4ryv 3'b e r expenses will be billed at co orrcost.plus a markup percentage. b 4h . " - ft 5° r Interested f i r m s should send materials to b'u * t4b � b � "w z bToddbPrager, Associate Planner /Arborist x � � ; City of Tigard @, 13125 SW�Hal1 Blvd. z b Tigard OR 97223 b b brod`d @tig g A� (503)718 2700 Pleasesubmit one hard,coprof the submittal`and one PDF copy (e- mailed or disc). 6. RESOURCES y ?, �• b�„b Existing Urban related documents and resources are available at the City's Website: http: / /w\u a tigard` -o gov/ o, • Comprehensive a Plan (see Land Use, Urban Forest Subsection): http: / /www.tigard -or. gov /city hall /departments /cd /long range planning /comprehensive plan.asp • Urban Forestry Master Plan: http: / /www.tigard- or.gov /community /trees /master plan.asp • Trees in Tigard Webpage: http: / /www.tigard -or. gov /comrunity /trees /default.asp • Example of Standards and Specifications (Palo Alto, Tree Technical Manual): http: / /www. citvofpaloalto.org/ civica/ filebank /blobdload.asp ?BlobID= 6436 • Example of Drawings (Casey Trees, Tree Space Design): lax / /www. caseytrees.org /planning /design- resources /for - designers/ tree - space /docurnents /Tree Space Design highrespdf AIS -215 Item #: B. Business Meeting Date: 11/09/2010 Length (in minutes): 10 Minutes Agenda Title: Update on the Tree Grove Preservation Program Open House Prepared By: Darren Wyss Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE The City held an open house on October 6, 2010 to receive public input on the tree grove preservation program element of the Urban Forestry Code Revision project. City staff will present what was heard from the public at the open house. STAFF RECOMMENDATION / ACTION REQUEST Receive update and provide input. KEY FACTS AND INFORMATION SUMMARY In the fall of 2009 Council accepted the City's first Urban Forestry Master Plan (UFMP). One of the community's top priorities identified in the UFMP is preservation of Tigard's remaining native tree groves through a flexible and incentive based program. Development of this program is underway as one component of the larger effort to update the City's approach to urban forestry regulations through the Urban Forestry Code Revisions project. The City has contracted with Winterbrook Planning to assist with developing a tree grove preservation program under the rules of Statewide Planning Goal 5. Winterbrook completed the first step of the process, an inventory of tree groves, based on direction given by Council at its joint meeting with the Planning Commission on July 20, 2010. Goal 5 rules require notification of property owners that fall within the inventory boundaries and Winterbrook's approach is to invite the property owners to an open house for distributing information to them and answering property owner questions. The open house was held on October 6, 2010 in the Tigard Library Community Room to receive public input on the tree grove preservation element of the Urban Forestry Code Revision project. A total of 663 property owners were mailed notice that a portion of an identified tree grove was on their property and invited to the event. The community at large was also invited to attend through press release, Cityscape article, interested parties list, and direct staff contact. A total of 58 community members signed in at the open house but the total estimated attendance is closer to 80 because only one person from many multiple person groups signed in. Staff from the City and Winterbrook Planning were available for questions and discussion. Based on responses (Attachment 1) to the comment card (Attachment 2), conversations with attendees, and phone calls prior to the open house, staff feels the support of the community is positive and consistent with the UFMP recommendation of developing a tree grove preservation program. The two biggest concerns raised by the community to this point is the ability to remove hazard trees and retaining the ability to develop the property if they choose to do so in the future. The message from staff has been consistent, that hazard trees within a tree grove will be treated the same as outside a tree grove. Regarding development of property, the message has been the tree grove preservation program is intended to be flexible and incentive based and, through this process, the City is looking for ways to provide options to property owners who would like to retain the tree groves on their property but would be limited in their choices by the current development code. At this point, staff does not feel there is a sentiment among property owners that would result in a wholesale removal of trees before a program could be established. Staffs' messages of flexibility and incentives have been consistent and received favorably and interim regulations should not be necessary at this time. If, as the project progresses, a shift toward a more regulatory approach were to emerge, the subject of interim regulations should be revisited. Additionally, based on Council feedback, the project will now be titled the Tigard Tree Grove Preservation Program as opposed to the original title including the term protection. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS lb. Update Tree Code Tigard Urban Forestry Master Plan DATES OF PREVIOUS COUNCIL CONSIDERATION July 20, 2010 - Joint Meeting with Planning Commission - Tree Grove Inventory Discussion Attachments Attachment 1: Comment Card Results Attachment 2: Comment Card • Tree Grove Preservation Program Open House v October 6, 2010 Tigard Library Community Room TIGARD Attendance: 58 people signed in Comment Card Results: 7 People own property with an inventoried tree grove and support the City's effort to protect tree groves Additional Comments: Bob Gordon • Why was a senior Tigard Exec. Or Councilperson not in attendance? • How can this program truly succeed without legislative change, rather than "voluntary compliance ?" • Will This Just be another example of City Council "lip service," or will we finally show real commitment to quality of life in Tigard? The Brandon Family • (Do you support the City's effort to protect tree groves ?) and I also support the continued strong input of land- owners. Thank you for keeping that alive! (and in the public, open) • I am hesitant to blanket support these (incentive -based regulations). Would depend on the code, wording, case -by -case for each revision. So, maybe. • Recognition and tax incentives are the best. • We deeply appreciate the City's efforts to protect trees and groves in Tigard. Thank you! • This evening has been helpful, and we made a couple of useful networking connections.... And learned a few things. • Thank you also for mailing us a postcard of the event, invitation. Deeply appreciated! • P.S. The plant- and -it -grows handout is awesome. And shows respect for trees. (Wish all the paper had been O) Terri Kennett • We bought our home because of the tree grove and the fact it was in Tigard's City limits. We love this idea. • Love to hear how it goes along and if you have a good response. • We want to save as much for trees for all generations. Margaret Harber • We wish to maintain the beauty of the land and enjoy the quality of life a forested living environment provides. It promotes long term, committed residents who want to see these spaces preserved. Linda K. Steiner • There are only a few areas left that have significant habitat for wildlife — Tigard must take a stand and preserve what is left as developers don't care about habitat —they come into a beautiful green area and destroy what was valuable to the aesthetics of our City, our neighborhoods. • Let's work together to keep what's left in Tigard. I:ACURPI,N \ Todd \Urban Forestry Code Revisions \Public Involvement \Assessment and Collaboration \Events \Comment Card Results.docx Anonymous • (Which options for protection would you support ?) Don't know without details. 3 People own property with an inventoried tree grove and do not support the City's effort to protect tree groves Additional Comments: Bob Ludlum • Would prefer the property be preserved but am retired so will probably sell acreage to developer if not government entity or NGO purchases it. 3 People own property with an inventoried tree grove and don't know if they support the City's effort to protect tree groves Additional Comments: Dave /Cathy Leary • (Do you support the City's effort to protect tree groves ?) It depends. • (Which options for protection would you support ?) Do not know yet. Kathy Baxter • (Incentive -based code revisions) Depending on what they are. • It was very hard to get an ear to ask a question. I gave up. Maybe a meeting where a question asked by one individual could be heard by all and the answer could be heard by the whole group would be better. • I would rather my tax money not be spent on free food for all attendants. We came for info, not treats. Bill Finck • In regards to item 3c: o The City, some years back, asked us to develop /build within the City limits and not build outside the City limits. Therefore the "Urban City Development Growth" was a city law or standard. Now you asked us to "Protect the tree groves." Now we cannot build on our own property because of the protected trees. This sounds like a double standard ? ?? Please respond. • In addition, our taxes should be lowered or "stopped increases" if you tell us to protect our tree groves and we cannot build. • Please respond 7 People do not own property with an inventoried tree grove and support the City's effort to protect tree groves Additional Comments: John Frewing (by email dated October 7, 2010) Darren, I didn't have time to complete my 'comment card' at the open house last evening, and wanted to add my two bits to the discussion. I have followed the questions on the comment card. I: \CURPLN \Todd \Urban Forestry Code Revisions \Public Involvement \Assessment and Collaborat ion \ Events \Comment Card Results.doca 1. I don't own property with and inventoried tree grove. 2. I support the city's effort to protect tree groves. 3. I think all three options for protection can and should be used, depending on the details of each. 4. Heard about open house via the Tree Code Revision CAC 5. John Frewing ifrewing @teleport.com Additional comments: A The city effort to preserve tree groves should include some consideration of what might be a tree grove or an extension of an existing tree grove maybe 20 years into the future. If an empty site has good soil or can be successfully planted, it should get SOME kind of protection as a future tree grove, so as to avoid development right next to a present -day tree grove. This is particularly important because of the odd - shaped identification of tree groves presented last night — there are narrow peninsulas of unidentified tree grove property. B The city should immediately list the significant tree grove (valley ponderosa pines) south of Tiedeman and between the two railroad tracks (one being abandoned for city linear park). It exists because it was between railroad tracks and not very developable, but with adjacent city park, it makes sense to protect it officially. Thanks for considering this input. John Frewing Anonymous • Remove damaged diseased tree with new replacement health trees Holly Lacomette • (Which options for protection would you support ?) Anything that works. Dave and Mel • I hope that open space and nature parks will be preserved before it becomes too late. One person does not own property with an inventoried tree grove and does not support the City's efforts. "I live near a big grove full of trees, and all these people want to tear it apart. I would do anything to protect this forest." (Abraham, age 12) O 1 \CURPLN \Todd \Urban Forestry Code Revisions \Public Involvement \Assessment and Collaboration \I?vents \Comment Card Results.docx . Tigard Tree Grove Protection Program e Comment Card TIGARD 1. Do you own property with an inventoried tree grove? Yes No 2. Do you support the City's effort to protect tree groves? Yes No 3. Which options for protection would you support? a. Incentive -based code revisions *Use back for additional comments* b. Purchase /recognition incentives c. Tax incentives 4. How did you hear about the open house? 5. To receive updates via the interested parties list, please provide: Name: Email: III Ti Tree Grove Protection Program a Comment Card TIGARD 1. Do you own property with an inventoried tree grove? Yes No 2. Do you support the City's effort to protect tree groves? Yes No 3. Which options for protection would you support? a. Incentive -based code revisions *Use back for additional comments* b. Purchase /recognition incentives c. Tax incentives 4. How did you hear about the open house? 5. To receive updates via the interested parties list, please provide: Name: Email: AIS -232 Item #: C. Business Meeting Date: 11/09/2010 Length (in minutes): 15 Minutes Agenda Title: Discuss the Preliminary November 2, 2010 Election Results Prepared By: Kathy Mollusky, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Mtg - Study Sess. ISSUE Discuss the preliminary November 2, 2010 election results for the WCCLS Local Option Levy Renewal, the County Public Safety Levy renewal, and the Tigard Parks Bond Measure. What are the next steps given the election results (which are unknown as of this writing)? STAFF RECOMMENDATION / ACTION REQUEST There is no staff recommendation. KEY FACTS AND INFORMATION SUMMARY There are several local measures on the November 2, 2010 ballot which affect the City. These measures include: • Measure 34 -179 - Renewal of Local Option Levy for Countywide Public Safety • Measure 34 -180 - Renewal of Local Option Levy to Support Countywide Library Services • Measure 34 -181 - Bond to Acquire Open Spaces, Protect Clean Water, Improve Parklands Although not official, preliminary election results will likely be available by the November 9 meeting. The Council may wish to informally discuss the election outcomes and how these outcomes affect the City. OTHER ALTERNATIVES The Council could choose not to discuss election results. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City Council Goal 1 - "Strategize with Park and Recreation Advisory Board on a 2010 Parks Bond" City Council Goal 2 - "Support 2010 Washington County Cooperative Library Services (WCCLS) and Washington County Public Safety Levies" DATES OF PREVIOUS COUNCIL CONSIDERATION Throughout the past year, the City Council has held several discussions on the various measures and their potential impact on the City and its citizens. Fiscal Impact Cost: 0 Budgeted (yes or no): N/A Where Budgeted (department /program): N/A Additional Fiscal Notes: There is no cost associated with this agenda item. However, the outcome of three measures, namely the park bond, library renewal, and public safety renewal, will have a direct impact on City finances. AGENDA ITEM NO. 2 - CITIZEN COMMUNICATION DATE: Nov. 9, 2010 (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 or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF /� Please Print �/ CONTACTED Name: ( t1/ 1 � s C S7CIl Also please spell your name as it sounds, if it will help the presiding officer pronounce: 1 Cab Address /I 7 7 L i 5 LL f , 5 -"I Cr tJL C-e City 776111 — PO TS 0 G State 0 Zip q 7 K Phone No. 5 03 3`f 7 -9 b 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: p, p � V LE EN TAL Pt val Address // City (DATE OF MEETINC) State Zip Phone No. CITIZEN COMMUNICATION • A •Etc - UP r 4INC EVEN.,5 $ r' ="f,' , � �Y . � , ..- ._...� �._ , � � ��»,, 4 �.. cg y 1 az.,'T ..+c:;,... 1 Good Morning Tigard (GMT)— Business Networking — 7:30- 9:00am - • 11/ 11/ 10 — Send Out Cards • Hosted at the Tigard Chamber, Pearson Room • 12345 SW Main Street, Tigard, OR 97223 • 11/ 18/ 10 — Tigard Police • Hosted at the Tigard Chamber, Pearson Room • 12345 SW Main Street, Tigard, OR 97223 • 12/2/ 10 — The Good Feet Store • Hosted at their location • 11575 SW Pacific Hwy #211, Tigard, OR 97223 Other Chamber Events Lunch & Learns — Free, Noon to 1:00 p.m. • Hosted at Tigard Chamber, Pearson Room, Noon — 1:00 p.m., BYOL • 11/ 11/ 10 - Organizing your Business • 11/ 18/ 10 — Extraordinary Tag Lines • 12/09/ 10 — Telephone Edict Tigard Chamber Membership Open Houses 5 -7 p.m. Nov 2010 • Tuesday, 11/16/10 4 -ilvh day 1 -d _. 12,)i 7410 Grand Opening & Ribbon Cutting • Ultimate Electronics, Saturday 11/20/10 9:00 a.m. I o 10031 SW Cascade Ave, Tigard, OR 97223 � � c ° � • The Good Feet Store, Thursday 12/2/10, part of GMT o 11575 SW Pacific Hwy #211, Tigard, OR 97223 EBay Auction Fundraiser brought to you by TACC Fundraising Subcommittee • 9/23 Donation collection at EZ Auction Drop - Off in Tigard • 11/5-11/15 Online Auction • Go to www.tigardchamber.org and click the EZ Auction button on the main page for more info about how to donate For more info, go to - http: / /tigardareachamber org /directory /events 4 °aYe ii, ,�,r'"` '�" ` a °$ er e. ' So w -r�+ & il"` °." � E 4 �. .. -.x.. , ,.. -w.,.: j I ( § - ? r 1 AIS-263 Item #: 3. A. Business Meeting Date: 11/09/2010 Length (in minutes): Consent Item Agenda Title: Approve City Council Minutes: Prepared By: Cathy Wheatley Administration Item Type: Motion Requested Meeting Type: Consent Agenda ISSUE Approve Council Meeting Minutes STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY N/A OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments August 10. 2010 Council Minutes September 14. 2010 Council Minutes September 28. 2010 Council Minutes AIS -264 Item #: 3. B. Business Meeting Date: 11/09/2010 Length (in minutes): Consent Item Agenda Title: Receive and File: Prepared By: Cathy Wheatley Administration Item Type: Receive and File Meeting Type: Consent Agenda ISSUE Receive and File the Council Tentative Agenda Calendar and the City Council Calendar STAFF RECOMMENDATION / ACTION REQUEST Receive and File - No action requested. KEY FACTS AND INFORMATION SUMMARY N/A OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Council Calendar Tentative Agenda, t Agenda Item No. 3 • B . For Agenda of November 9, 2010 ®1 oto 464 MEMORANDUM ifla#RIA ,00414: l itiSOfttlt; TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder RE: Three -Month Council Meeting Calendar DATE: November 9, 2010 Regularly scheduled Council meetings are marked with an asterisk ( *). November 8 Monday Joint Meeting with Lake Oswego City Council -7:00 Lake Oswego West End Bldg. 9* Tuesday Council Business Meeting — 6:30 pm, Town Hall 11 Thursday Veterans Day Holiday — City Hall Closed 16* Tuesday Council Workshop Meeting -- 6:30 pm, Town Hall 23* Tuesday Council Business Meeting — 6:30 pm, Town Hall 25 &26 Thurs /Fri Thanksgiving Holiday — City Hall Closed December 14* Tuesday Council Business Meeting — 6:30 pm, Town Hall 21* Tuesday Council Workshop Meeting -- 6:30 pm, Town Hall 24 Friday Christmas Holiday, City Hall Closed 28* Tuesday Council Business Meeting — 6:30 pm, Town Hall 31 Friday New Years Day Holiday — City Hall Closed January 11* Tuesday Council Business Meeting — 6:30 pm, Town Hall 17 Monday Dr. Martin Luther King, Jr. Day Holiday, City Hall Closed 18* Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 25* Tuesday Council Business Meeting — 6:30 pm, Town Hall I: \ADM \City Council \Council Calendar \3 -month calendar for 101109 cc mtg.doc AIS -219 Item #: 3. C. Business Meeting Date: 11/09/2010 Length (in minutes): Consent Item Agenda Title: Approve Submittal of Oregon Department of Transportation Flexible Funds Application for Improvements to 121st Avenue Prepared By: Duane Roberts Community Development Item Type: Resolution Meeting Type: Consent Agenda ISSUE Should Council approve the submittal of a request for ODOT Flexible Funds to partially finance sidewalk improvements on 121st Avenue? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council approve the resolution authorizing submittal of the grant application. KEY FACTS AND INFORMATION SUMMARY Flexible Funds is a new ODOT grant program that annually will provide funding statewide for transit, bicycle, pedestrian, and transportation demand management projects. In this first application cycle, the program has $21 million available for eligible projects. The funding source is a portion of the Federal Highway Administration Surface Transportation Program funds provided to the Oregon Department of Transportation (ODOT). The maximum grant amount is $2.1 million. The program purpose is "... to support sustainable non - highway transportation projects, programs, and services that positively impact modal connectivity, the environment, mobility and access, livability, energy use and the overall operation of the transportation system." The application due date is November 12, 2010. Tigard's proposed project would finance curb, sidewalk, and drainage improvements along both sides of 121st Avenue between SW Tippitt Place and SW Whistlers Loop. This older segment of SW 121st Avenue was developed without sidewalks and, as a result, lacks pedestrian connections to services, transit, and school bus stops. Tigard's grant proposal addresses these needs by infilling the sidewalk gap and installing continuous sidewalk along both sides of the street where none currently exists. New sidewalks would significantly reduce the safety hazards faced by pedestrians on this busy street, which handles more than 6,000 vehicles per day. Currently pedestrians, including school -aged children and older residents with limited mobility, must walk at the edge of the travel lanes. OTHER ALTERNATIVES • Do not apply for these grant funds. • Submit an application for another eligible project. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS SW 121st is identified as substandard and as priority project #34 in the proposed 2010 Tigard Transportation System Plan. DATES OF PREVIOUS COUNCIL CONSIDERATION No previous consideration. Fiscal Impact Cost: $2,100,000 Budgeted (yes or no): no Where budgeted ?: Additional Fiscal Notes: The City is requesting the maximum grant amount of $2.1 million to add sidewalks, bike lanes, curbs, and drainage on about 4,000 lineal feet of 121st Ave. Most of the needed right -of -way is owned by the City. However, narrow frontages from three or four privately- owned, residential properties would be needed to provide continuous right -of way. The required minimum match is 10.3% of the request. The City match would be entirely in -kind, consisting of design and construction management (PW Dept.) and grant administration (CD Dept.) services. No City hard dollars would be involved. Attachments Man Resolution - ODOT Grant iws■ sso; l— - ■w agl:7111111ral I WIllial u tjw ' SW t Ave S lk Im ents I P . r■■■ IM 111 .• r '! ■ ►-•a '' City of Tigard /��,� ■ _ Ore on who a Is = imihnommilimord Nor F rom ler" T i L. _I iImi rrl ET '— = � - -- Sidewalks ■,, , , � • wow row. -Propose � d ` `` - ` 4t o TriMet Bus Stop RO 7� � 1 i/ 1111111111111111.1 O 0 1 ♦ /I BU P EA School Bus Stop P.. : � � � k % ■� ral, , F i1iiiiii iJillr I r�� �� ♦ ♦ ♦ a . . 11 - m - IIiII IHlIiq as ♦ ♦ ®istfaii I ,,� . ,® Ar■alky■ ♦ Pa■ The information represented on this map �L t ' 111111 a current as of October I8, 2010. 'o ge I _ �ys , ®1 .. , _- ■ R' n be made as nnv decisions 7 + ` �® � � � HAVEN � a mend m ents occur � alter the amtent 1 • S • = - < ■, ■■ , Pi* •1��, ii biI of the map. • . ■ 1 LE .. - I SW WHISTLER'S , v Judi i e' a W. a TILT RD iims.",„ani 1 l rL Me • agIVA1 ■ = A PP tat F.,., . si - 4 -� Ga . rde ►: • �i♦� ��� ;� it SW AERIE DR , ,� Q - T6e mep ws dewed fiom aeverat detebaee. il • me ,S 1 E WM n ilia Est a Q The Ciry savnot eccep wa m nty 6..ay �i w�� uiI ia? SW GMRDE ST product No�eeer my mti5cation of eeron w uW ' Ae ap p rec iated. ..ee..■■ - - , E OAARDE ST So urce,: City of Tig.d, Weshmgma c retry, WPIA _ Ili � Ma -11 In ..I.11,■I-■■- .-_ ST Metro Date Resource Center AIS -242 Item #: 3. D. 1. Business Meeting Date: 11/09/2010 Length (in minutes): Consent Item Agenda Title: Award Contract for Street Sweeping Services to Water Truck Services, Inc. Prepared By: Joseph Barrett Financial and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB ISSUE Shall the Local Contract Review Board award a contract to Water Truck Service, Inc., for street sweeping services and authorize the City Manager to take the necessry steps to execute the contract? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Water Truck Service, Inc., in the amount not to exceed $250,500 for the first year of a possible five year contract. KEY FACTS AND INFORMATION SUMMARY In late September 2010, the City issued a Request for Proposal for street sweeping services on an as- required basis. Work to be completed under this services includes the following: • Street sweeping and /or street flushing and removal of debris as required for approximately 280 sweeping miles of Tigard streets (both sides of street). Each street will be swept at least once each month. • Detailing and sweeping of the City's parking lots each month. A total of 544,800 square feet of parking lot will be swept each month. • Special sweeps that are outside the regular monthly sweeps. Special sweep may include, but are not necessary limited to, the following: - Automobile accidents, - Material spills on the roadway, - Construction zone cleanup, and - Snowfall and subsequent sweep of sand on the roadway • Street sweeping for business and high traffic main boulevards will be done between the hours of 4:00 am to 7:00 am and residential shall be swept between the hours of 7:00 am and 7:00 pm. The City received proposals from two contractors, Water Truck Services, Inc. and DeAngelo Brothers Incorporated, on October 5, 2010. Both contractors submitted proposals that demonstrated ability to provide the full range of services requested. A Selection Committee comprised of Public Works staff reviewed the proposals and scored them based on the following criteria: • Firm Qualifications, • Project Understanding, Approach, and Proposed Schedule, and • Cost Proposal Requests for Proposals (RFPs) are awarded based on the highest scoring proposal on all criteria, unlike an Invitation to Bid (ITB) which is awarded based solely on low cost. Based on the review and scoring from the review by the Selection Committee, staff recommends award of the City's Street Sweeping Services contract to Water Truck Service, Inc. in the amount not exceeding $250,500 during the first year of a possible five year contract. The total amount over the possible life of the agreement is estimated at $1,250,000. OTHER ALTERNATIVES No other alternatives are recommended by staff. Staff continues to look for alternative solutions for this work including seeking an IGA with a neighboring agency. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None. DATES OF PREVIOUS COUNCIL CONSIDERATION None. This is this items first time before the LCRB. Fiscal Impact Cost: $250,500 Budgeted (yes or no): Yes Where budgeted ?: Stormwater and Gas Tax Fund Additional Fiscal Notes: The estimated total for the first year of this contract is not expected to exceed $250,500. For FY 2010 -1 1, there is $218,000 budget for the services in the Stormwater Fund and $32,500 budgeted in the Gas Tax Fund. The total over the life of the contract is estimated not to exceed $1,250,000. Attachments No file(s) attached. AIS -244 Item #: 4. Business Meeting Date: 11/09/2010 Length (in minutes): 5 Minutes Agenda Title: Proclaim Human Rights Week & Day Prepared By: Joanne Bengtson, Administrative Services Item Type: Receive and File Meeting Type: Proclamation Information ISSUE Proclaim December 6 -12, 2010 Human Rights Week and December 10, 2010 Human Rights Day. STAFF RECOMMENDATION / ACTION REQUEST Proclamation will be presented by Mayor Dirksen at the November 9, 2010 Council meeting. KEY FACTS AND INFORMATION SUMMARY Proclamation approved by Mayor Dirksen. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Human Rights Proclamation r:. 6 ''Aii r (XX -26!?' City of Tigard Human Rights Proclamation ✓ t , WHEREAS, on December 10, 1948, the member states of the United Nations signed the Universal Declaration of Human Rights and countries of different political, economic and social systems unanimously agreed upon fundamental rights that all people share solely on the basis of their common humanity; and V WHEREAS, the Universal Declaration asserts recognition of the inherent dignity and of ` the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace; and >` I WHEREAS, disregard for human rights have resulted in acts which have offended the ✓ conscience of mankind, and the advent of the world in which human beings shall enjoy V freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people; and �� WHEREAS, the Universal Declaration is referred to as the primary definition of human rights standards and increasingly referred to as customary international law, which all countries should abide; and WHEREAS, the primary responsibility to promote respect for these rights and freedoms lies within each individual in the City of Tigard, and by supporting the dignity and worth` ,, of the human person, residents can promote social progress and better standards of life; '4 NOW THEREFORE BE IT RESOLVED THAT WE, the City Council of the City of r'; 'Tigard, Oregon do hereby proclaim i ti �.. -,,' December 6 —12, 2010 to be HUMAN RIGHTS WEEK, and `< f December 10, 2010 as HUMAN RIGHTS DAY, and we encourage our residents to study and promote the ideas contained in Universal Declaration of Human Rights to the end that freedom, justice, and equality will flourish and be made available to all. Y IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. Y t Craig E. Dirksen, Mayor City of Tigard `^ Attest: t City Recorder 4 i� ` AIS -189 Item #: 5. Business Meeting Date: 11/09/2010 Length (in minutes): 20 Minutes Agenda Title: Informational Public Hearing to Consider a Resolution Establishing Canterbury Sanitary Sewer Reimbursement District No. 50 Prepared By: Ted Kyle Public Works Item Type: Resolution Meeting Type: Council Business Meeting - Public Hearing - Informational Main ISSUE Shall the City Council hold a public hearing and consider a resolution establishing Canterbury Sanitary Sewer Reimbursement District No. 50? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the City Council hold the public hearing and approve the resolution forming the reimbursement district. KEY FACTS AND INFORMATION SUMMARY • Under the Citywide Sanitary Sewer Extension Program, the City installs public sewers to each lot within a reimbursement district. At the time of connecting to the public sewer, the property owner: • Pays a connection and inspection fee. • Reimburses the City for the owner's share of the sewer installation. • Assumes responsibility for any plumbing modifications to connect to the public sewer. • Assumes responsibility for disconnecting the owner's existing septic system in accordance with county regulations. • The proposed Canterbury reimbursement district includes a City -owned lot and one residential lot. On October 21, 2010, staff met with the owners of the residential lot to review the project procedure, construction schedule and estimated costs. The owners are supportive of the project and are requesting service to accommodate a proposed addition to their home. • The owners of the residential lot were notified of the hearing. The notice and mailing list are attached. • If the Council approves the resolution to form the reimbursement district, the City will solicit bids from contractors to construct the public sewer line. • When the project is complete, the Council will be asked to take action on another resolution. This resolution will finalize the reimbursement district and adjust the reimbursement fee based on actual project costs. • Attached is a letter from property owners Paul E. and Judith A. Miller in support of the sewer reimbursement district. OTHER ALTERNATIVES The Council could choose not to establish the reimbursement district, and construction of the public sewer line would likely be abandoned. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS The proposed reimbursement district meets Goal No.1, "Implement Comprehensive Plan," by furthering Comprehensive Goal 11.3, "Develop and maintain a wastewater collection system that meets the existing and future needs of the community." DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Canterbury reimbursement district has come before the Council. Fiscal Impact Cost: Estimated $125,663 Budgeted (yes or no): Yes Where Budgeted (department /program): Capital Improvement Plan (CIP) - Sanitary Sewer Additional Fiscal Notes: This project is part of the Citywide Sanitary Sewer Extension Program. There are adequate funds to pay for this project within the CIP Sanitary Sewer Fund. Attachments Resolution Exhibit A - City Engineer's Report Exhibit B - Property Map Letter of Support from Property Owners Vicinity Map Cover Letter to Property Owners for Hearing Notice Notice to Property Owners of Hearing Mailing List for Hearing Notice Resolution No. 01 -46 Setting Up the Early Connection Incentive Resolution No. 03 -55 Modifying the Early Connection Incentive Paul and Judith Miller 10380 SW Canterbury Lane Tigard, Oregon 97224 -4810 0 1\‘4 � CZ � 4 2p1d October 21, 2010 4 r.k, ' • City Council City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 • Subject: Canterbury Lane Sanitary Sewer Reimbursement District No. 50 Dear Ladies and Gentlemen: We endorse construction of the Canterbury Lane Sanitary Sewer Reimbursement District No. 50. We urge you to approve it and to begin building the sewer very soon. Sincerely, Paul E. Miller Judith A. Miller • 503.684.8513 Home 503.684.9641 Fax CANTERBURY LANE - REIMBURSEMENT DIST NO. 50 FY 2010-11 SANITARY SEWER EXTENSION PROGRAM A PORTION OF THE NW 1/4 SECTION 11 T2S R1W W.M. r 1 �w I i \ \ i I >,-- I I<tt 1 C� ( VIEW \-9 ;�-% 1 I TER R ti� F` I I i I I )- I I�I 4 _ 1 M U R D O_C-K ' C,T . I I / I N CANTER URY LN i i - M - U - R C - OiC K P L. I 1 I w > , , > �QI = - T ' ,, =I r of MURDOC ST -- 1 I I I[ I 1 I �I ) / I 1 --- , VICINITY MAP NTS October 29, 2010 Proposed Sanitary Sewer Reimbursement District No. 50 (SW Canterbury Lane) At this meeting, City Council will be requested to form a sewer reimbursement district to provide you and the adjacent City lot with sewer service as discussed on October 21, 2010. There is no requirement to connect to the sewer or pay any fee until connection is made. Each property owner's estimated fair share is summarized in the attached tables. As discussed, the amount each property owner will be required to pay will 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. Please note that this resolution also requires the owner to pay any fair share amounts that exceed $15,000. Under Resolution No. 03 -55, payment of the amount in excess of $15,000 may be deferred until the owner's lot is developed. In addition, the owner would be required to pay a connection fee, currently $4,135, at the time of connection to the sewer. Also, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. 1: \ENG \1 - Active Projects \ Canterbury 1.n -103rd Ave Sun Sewer Reimbursement Dist. xx IFAS 930xx Key \ Council \ Formation \11 -9 -10 Reim Dist SO letter Notice 1.doc 1, . TIGARD October 22, 2010 City of Tigard NOTICE Informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, November 9, 2010 AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 WILL CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No. 50 (SW Canterbury Lane) The Tigard City Council will conduct an informational public hearing to hear testimony on the proposed Reimbursement District formed to install sewers in SW Canterbury Lane. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223, by calling 503 - 718 -2468 or at www.tigard- or.gov. I:\ENG \1 - Active Projects \Canterbury Ln -103rd Ave San Sewer Reimbursement Dist. ror IFAS 930,or Key \Council\Formation \11 -9.10 Canterbury N0. 50 Notice 1.doc 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard or.gov 2S111BCO2700 MILLER, PAUL E & JUDITH A 10380 SW CANTERBURY TIGARD, OR 97224 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 4 P- 0 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. 01-4 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 d day This / y of 2001. • • ayor Ci of .1 I,ard • ATTEST: it Recorder - City of ' :ard . I: \Citywide\Res\Reso]ution Revising the Neighborhood Sewer Incentive Program RESOLUTION NO. 01 -,f(1 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 ST/WYNo.9 4,506 No reimbursement available HILLVIEW ST N0.11 8,000 July 11, 2003 106 & JOHNSON No.12 5,598 No reimbursement available 100 & 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 No.18 - Amount to be reimbursed will be Three years from service availability ROSE VISTA No.20 - determined once final costs are determined. Currently being constructed 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 structure, 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- 55 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. PASSED: This /'t day of (C22) 2003. Craig E. Dirksen, Council President ATTEST: ,1 City Recorder - City of Tigard I1engkgrepVeimbursemem dlstrirss revisions res 01-40 aup 26 03bct 14 03 couno0l0 -14-03 addition to res 1-46 res.doc RESOLUTION NO. 03- 53 Page 2 AGENDA ITEM No. 5 Date: November 9, 2010 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 RESOLUTION ESTABLISHING CANTERBURY SANITARY S KWER REIMBURSEMENT DISTRICT NO. 50 Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 5 Date: November 9, 2010 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. AIS -197 Item #: 6. Business Meeting Date: 11/09/2010 Length (in minutes): 15 Minutes Agenda Title: Informational Public Hearing to Consider a Resolution Adopting the Water Rate Study Prepared By: Kathy Mollusky, Public Works Item Type: Public Hearing - Informational Meeting Type: Council Business Meeting - Main Resolution Information ISSUE Shall the City Council hold a public hearing and consider a resolution adopting the Water Rate Study? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Council hold the public hearing and adopt the resolution. KEY FACTS AND INFORMATION SUMMARY The City's consultant has completed a comprehensive water financial plan which included a Water Rate Study and Water System Development Charge (SDC) Update. The study identifies a financing strategy which includes revenue requirements and water rate increases by fiscal year. It provides Council with five major rate design recommendations to improve revenue stability, provide equity among ratepayers, and continue water conservation efforts. These recommendations are: • Increase fees based on increasing meter size. • Enhance water conservation by using a three - tiered inclining block rate. • Enhance water conservation by increasing the uniform water rates for industrial and irrigation users. • Implement monthly billing. In accordance with the Water Rate Study, rate increases are spread over a five -year period. These increases will provide revenues for water - related operation and maintenance costs, and for projects associated with the Lake Oswego- Tigard Water Partnership and other capital improvements. The Intergovernmental Water Board approved the summary findings of the Water Rate Study on October 13, 2010. The Board also recommended the Council adopt the corresponding water rate increases as outlined in the study. This resolution adopts the Water Rate Study. A subsequent resolution, also before Council on November 9, 2010, will incorporate recommended water rate increases into the 2010 - 2011 Master Fees and Charges Schedule. OTHER ALTERNATIVES Council could decide not to adopt the Water Rate Study. Should Council not adopt the Water Rate Study, the City may be unable to fund the Lake Oswego Tigard Water Partnership. This partnership funding is dependent on the ability of the City to generate the necessary revenues to secure bonds over the next 5 -7 year period. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City Council Long Term Goal: "Continue to monitor the Tigard /Lake Oswego Water Partnership." DATES OF PREVIOUS COUNCIL CONSIDERATION This topic has come before the Council on the following dates: • June 15, 2010 - Introduction to the water financial plan project - Water Rate Study and Water SDC Update. • July 20, 2010 - Presentation on water revenue requirements pertaining to the Lake Oswego- Tigard Water Partnership and funding mechanisms available and water rate revenue increases needed to provide this additional funding. • September 21, 2010 - Presentation on water rate design and water rate increases necessary to meet the challenges in providing adequate funding for the Lake Oswego- Tigard Water Partnership. • October 19, 2010 - Discussion regarding water utility financial aid for Tigard Water Service Area regarding ratepayer economic hardship. Fiscal Impact Cost: See narrative Budgeted (yes or no): No Where Budgeted (department /program): N/A Additional Fiscal Notes: This is a revenue generating action before the Council. There is no cost in adopting the Water Rate Study. The Water Rate Study provides a ten -year financial plan based on estimated revenue requirements of the utility, and recommends water rate increases to generate more revenue during this period. The study includes a water rate design model that provides revenue stability, equity and fairness among ratepayers, and continues to support water conservation. The study identifies the necessary water rate increases for the next ten years to meet the requirements as enumerated. Council is being asked to consider a five -year water rate increase schedule to ensure adequate revenues to meet the obligations of the Lake Oswego Tigard Water Partnership. By 2016 the study findings indicate that revenues will need to be approximately $15 million per annum to meet debt service and operational requirements. In fiscal year 2011, water revenues are budgeted at approximately $8.5 million. This document will provide the basis for Council action to cause water rates to increase for most customers. Water rates will increase 34.5 percent the first year, generating an additional $2.76 million for the water utility. This revenue is needed to provide coverage requirements and service debt which will be initially issued in 2011. Attachments Resolution Exhibit A - Water Rate Study PowerPoint 11/3/2010 WATER FINANCIAL PLAN Tigard Water Rate Study and SDC Update TIGARD Funding Strategy for the Lake Oswego- Tigard Water Partnership c . Where Tigard has been... ► Attempted to develop the Willamette River as a drinking water source in 1998 ► Joined the Tualatin Basin Joint Water Supply Project (TBJWS) in 1999 NO ► Pioneered aquifer storage and recovery (ASR) in 2001 ► Negotiated 10 -year contract with Portland in 2006 1 Leader in water conservation for the last 10 years _ ► Partnered with Lake Oswego in August 2008 1 11/3/2010 Projected Water Needs — 2016 Current Sources Depicted Below 20.0 18.0 16.0 14.0 $ Shortage of 2.9 mgd E 12.0 Lake Oswego g 10.0 6.0 Portland 6.0 4.0 2.0 ASR Wells 1 & 2 Well 2 2010 2015 2020 2025 2030 Year Projected Water Needs — 2030 With LO- Tigard Joint Water Supply 20.0 Emu 18.0 16.0 14.0 E 12.0 Joint Water 10.0 Supply 8.0 - 4.0 - 4.0 2.0 ASR Wells 1 & 2 Well2 2010 2015 2020 2025 2030 Year 2 11/3/2010 Cis 7 f Tigard 1 WATER RATES A\17IM 0R11AT10 , Estimated Water Rates for Tigard Water Supply Options Tigard/Lake Oswego —TIWSP — 1 — Prtland u4I o .. $80- $70 - i $80 - ae $40 - 0110011161110 $so — •, $30-1 I I I I -. _ _ I I I ii 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2028 2027 2028 2029 2030 2031 2032 Year Tigard Selects the Lake Oswego Partnership Option in 2008 • IGA provides Tigard: f 41 ■ 14 million gallons a day F , : A ► Ownership share of assets t- . (allows SDC use) ► Technical oversight ► Political oversight ► Completion by 2016 3 11/3/2010 2010 Project Definition Work Refines Scope /Cost Clackamas River Intake 1` C / Untreated "Raw" Water Pipeline _. k illige 1 Water Treatment Plant _ O ;� 4- ,. / Treated Water Pipeline ... I J 1i., / Waluga Reservoir i' o Bonita Pump Station y ii� p�r \ �'�4: r ® Lake Oswego •Tigard r a „ y Water Partnership ur tx�9mm, Lake Oswego /Tigard Water Partnership Timeline Project Definition December 2009 — December 2010 Supply Facilities Capital November 2010 Oversight Committee recommends to Cit Improvement Plan Councils December 2010 Council meetings in December Project Definition Final January 2011 Report Pre - design and Permuting July 2010 — Aagust 2(112 Facilities Design May 2011 — March 2013 Construction July 2(113 - -June 2015 4 40 it 4 11/3/2010 Lake Oswego Tigard Partnership 2010 Discussion /Decision Points ► Three Tigard Council workshops June - August ► Joint Councils confirm recommended CIP November 8 i s ► Tigard City Council considers Water Rate Study November 9 ► Lake Oswego Master Fees & Charges November 30 ► Lake Oswego adopts Water Supply Facilities CIP December 7 ► City Council considers Water SDC Methodology December 14 ► Tigard adopts Water Supply Facilities CIP December 21 4 w Water Rate Design Challenges 0 • Improve revenue stability by increasing fixed charge component of the utility bill r liyuin • Enhance equity among customer classes by using cost - service - based rates — one rate class will not subsidize another • Enhance equity within customer classes by using tiered rates — large users pay more than small users (;nm • Promote conservation with the use of increased tier pricing 5 11/3/2010 Meeting the Challenges - Debt Financing Annual Rate Example Revenue Debt Financing Period tionthly Bills" Increases Schedule Current $27.55 FY2011 37.05 34.5% $2,097,054 FY2012 42.24 14.0% 44,147,727 FY2013 48.16 14.0% 0 FY2014 54.90 14.0% 40,000,000 FY2015 57.26 4.3% 0 FY2016 59.72 4.3% 0 FY2017 62.29 4.3% 41,341,374 FY2018 64.97 4.3% 0 FY2019 64.97 0.0% 0 FY2020 64.97 0.0% 0 Total $127,586,155 *Residential example monthly bill. Monthly use assumed at 9 CCF Meeting the Challenge: Revenue Stability Increase Fixed Revenue \leter Oct. Jan. Jan. Jan. Jan. Jan. Size 211111 21111 2012 2013 2014 2015 5/8" x 3/4" $3.67 $15.78 $17.99 $20.51 $23.38 $24.38 I" 3.67 35.40 40.36 46.01 52.45 54.70 1 1/2" 3.67 93.49 106.58 121.50 138.51 144.47 3" 3.67 151.68 172.92 197.12 224.72 234.38 3" 3.67 298.56 340.36 388.01 442.33 461.35 4" 3.67 567.12 646.52 737.03 840.21 876.34 6" 3.67 635.88 724.90 826.39 942.08 982.59 8" 3.67 993.12 1,132.16 1,290.66 1,471.35 1,534.62 10" 3.67 1,832.55 2,089.11 2,381.58 2,715.00 2,831.75 12" 3.67 2,592.94 2,955.95 3.369.78 3,841.55 4,006.74, 6 11/3/2010 Meeting the Challenge: Equity Booster Pump Charges Meter Oct. Jan. Jan. Jan. Jan. Jan. Size 2010 2011 2012 2013 2014 21115 5/8 "x3/4" $3.24 $4.08 $4.32 $4.58 $4.86 $5.15 1" 3.24 10.87 11.52 12.21 12.95 13.72 11/2" 3.24 32.60 34.56 36.63 38.83 41.16 2" 3.24 52.93 56.11 59.47 63.04 66.82 3" 3.24 93.33 98.93 104.87 111.16 117.83 4" 3.24 191.41 202.89 215.07 227.97 241.65 6" 3.24 203.75 215.98 228.93 242.67 257.23 8" 3.24 326.00 345.56 366.29 388.27 411.57 10" 3.24 636.93 675.15 715.65 758.59 804.11 12" 3.24 917.17 972.20 1.030.53 1,092.36 1,157.91 Meeting the Challenges: Equity & Conservation Recommended Tier Thresholds Recommended Thresholds (CCF) ' Meter Size Tier 1 Tie r2 Tier3 5/8" x 3/4" 6 15 Over 15 1" 16 40 Over40 1 1/2" 48 120 Over 120 2" 78 195 Over 195 3" 137 344 Over 344 4" 282 705 Over 705 6" 300 750 Over 750 8" 480 1,200 Over 1,200 10" 938 2,345 Over 2,345 12" 1,350 3,376 Over 3,376 7 11/3/2010 Meeting the Challenge: Equity & Conservation Tiered Water Rates 2011 -2013 ($ /CCF) MINIERMEM Tier3 Rate January 2011 Residential $2.04 $2.98 $3.41 Multi- Family 1.70 2.48 2.84 Commercial 2.32 3.38 3.87 Industrial 3.23 3.23 3.23 Irrigation 4.59 4.59 4.59 January 2012 Residential $2.33 $3.40 $3.89 Multi- Family 1.94 2.83 3.24 Commercial 2.64 41116 3.85 4.41 Industrial 3.68 ! 3.68 3.68 Irrigation 5.23 5.23 5.23 January 2013 Residential $2.65 $3.87 $4.43 Multi- Family 2.21 3.22 3.69 Commercial 3.02 4.39 5.03 Industrial 4.20 4.20 4.20 Irrigation 5.97 5.97 5.97 tykii Meeting the Challenge: Equity & Conservation Tiered Water Rates 2014 -2015 ($ /CCF) January 2014 Residential Airig $3.02 $4.42 $5.05 Multi-Family Ili 2.52 3.67 4.21 Commercial 1 ,44 5.01 ;ilk 5.73 Industrial 74.79 4,79 4.79 Irrigation RO 6.80 Illik 6.80 January 2015 Residential .� $3.15 $4.60 $5.27 Multi - Family 2.63 3.83 1 4.39 Commercial 1 3.58 5.22 5.98 Industrial '10P 4.99 4.99 4.99 Irrigation 7.09 7,09 7.09 8 11/3/2010 Meeting the Challenge: Revenue Stability Increase Fixed Revenue - ---, Revenue Composition 100% 90% 60% Ili 1 70% 60% 50% 40% 30% 20% 10% 0% Cost Current Revenue Proposed Revenue •Fixed ■Tier 1 • Venable I Medium Consumption Customer Monthly Water Bill: Comparison Bill Comparison: Residential 5/8" x 3/4" Meter it Monthly Consumption: 10 CCF $60 $50 MCI m $40 i t 1$30.231 ® $30.20 - kt 1 f G $30 z -- 0 sio III $0 Tigard Tigard Lake Beaverton WI&omnlle Portland Current Recommended Oswego , VI 9 11/3/2010 Tigard Projected Water Rates Tigard Average Residential Monthly Bill (10cct) Under Partnership with Lake Oswego swm _ - -- - -_ - -- _._ _ 2222 207” 01$27 ...0/2 sm m . Sill 5m CO -- - UM III III II III SAM 122 Il SW m 111 II 1111 III $� C :: " 1 $10.00 ITN 75411 Oa 010 014 0116 0150 0147 2611 ANNAS - 4.3% 43% 43% 4.3% Lake Oswego Projected Water Rates Lake Oswego Average Residential Monthly Bill (10 ccf) Under Partnership with Tigard 000.0 - - - -- .___ __ ______ li MINI 510.00 9010.18 565260 500.5, 511296 561.03 552.65 = $9111 14(24 - Il SbAO - $4(62 543.657575 ' ' omxE 541100 5,05 so Y10.00 - 53111 53]39 Sb.00 516.11 526 s9 , ' III o0I175 $30.00 I _ . , 1I IiIIi - 910.00 1 1 1 I . 1 1 - FY 2010/2011 F04(11/2012 FY2012/ 2015 FY2013/2014 FY2014/2015 FY2015/2010 952016/2017 612017/2018 ANNWI 00 01001 2550% 25.50% 11.05% 1945% 11.69% 4.00% 1.6016 ANNUAL INCREASE 3300, 13.00. 10.500 10.50 10.50, 4 00, 600% No 020615 10 11/3/2010 Summary ► Tigard is implementing water partnership with Lake Oswego lik ► Tigard's partnership obligation is currently estimated at $118 ■ million ► Tigard will spread costs over 25 years using revenue bonds / Water rate fees and charges need to increase / Water Rate Study recommendations provides revenue stability, ' customer equity, and supports conservation 4 11 P Recommendations 1 Adopt the Water Rate Study by resolution ► Adopt resolution amending the Master Fees and Charges Schedule - includes 5 -year rate plan Il / Adopt SDC methodology and amendment to fees and charges on December 14, 2010 4 ► Support monthly billing and "Care to Share" 4 11 11/3/2010 Typical Household Customer Monthly Water Bill: Comparison Bill Comparison: Residential 5/8" x 3/4" Meter Monthly Consumption: 5 CCF $40 $35 530 - - - > $25 $21 I ... $19.10 _ g $20 I ! $1683 � . _ MI 1111 $10 $0 - Tigard Tigard Lake Beaverton Wilsonville Portland Current Recommended Oswego L1 X _ High Consumption Customer Monthly Water Bill: Comparison Bill Comparison: Residential 5/8" x 3/4" Meter Monthly Consumption: 20 CCF $120 7 5104.11 $100 m $80 - I$71.89I $62.921 1557 03 t $60 ` ^� $50.96 $52.40 I_ Tigard Tigard Lake Beaverton Wilsonville Portland Current Recommended Oswego • Fixed Charge Volume Charges 1 i 12 AGENDA ITEM No. 6 Date: November 9, 2010 1/ C I . _.; L' I TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: INFORMATIONAL PUBLIC HEARING: CONSIDER A RESOLUTION ADOPTING THE WATER RATE STUDY This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons 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 There is a Five - minute Time Limit on Testimony I /Adm /Cathy /CCSignup /Info PH Adopting the Water Rate Study 101109 AGENDA ITEM No. 6 November 9, 2010 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 available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent — (Speaking In Favor) Opponent — (Speaking Against) Neutral Name, 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. November 9, 2010 I rCi J , a o Tigard City Council RE: Resolution #10 -58 and 10 -59 - proposed water rate study & increase Mayor Dirksen and Council members: Tigard residents who currently receive Bull Run water from the City of Portland OPPOSE not only the proposed water rate increase of 30% but also oppose using water from the Clackamas River for drinking water, etc. • This increase of 30% is unacceptable, it is too high and in these economically difficult times it is unreasonable to expect citizens to pay 30% more for water, no matter where it comes from. • Bull Run water is one of the best, purest sources of drinking water in the country. For us to give up this source is UNACCEPTABLE. • The Clackamas River water was recently tested by the USGS. Results included a list of nine pesticides that are a result of agricultural runoff from nearby operations. We absolutely DO NOT want to be drinking this water that is heavily laden with pesticides. • We do not want to pay for a treatment plant that will run in excess of $150 million. This is an unreasonable cost to ask the citizens of Tigard to take on in these economically hard times. • Tigard citizens should be able to VOTE on where their water comes from. In conclusion, we ask you NOT to adopt Resolutions #10 -58 and 10 -59 but instead, to work with the City of Portland in order for Tigard citizens to continue being able to use /drink some of the best water in the world! Thank you. Sincerely, L F PLEM iFN AL PACKET Sue Beilke k . ) R / / r u i 11755 SW 114 Place (DATE OF MEET NO) Tigard, OR 97223 AIS -241 Item #: 7. Business Meeting Date: 11/09/2010 Length (in minutes): 10 Minutes Agenda Title: Consider a Resolution Amending the Master Fees and Charges Schedule to Increase Water Rates Prepared By: John Goodrich, Public Works Item Type: Resolution Meeting Type: Council Business Meeting - Main _._ Information ISSUE Shall the City Council consider a resolution amending the 2010 -2011 Master Fees and Charges Schedule to increase water rates over the next five years? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Council adopt the resolution. KEY FACTS AND INFORMATION SUMMARY The City's consultant has completed a comprehensive water financial plan which included a Water Rate Study and Water System Development Charge (SDC) Update. The Water Rate Study provides Council with four major rate design recommendations to improve revenue stability, provide equity among ratepayers, and continue water conservation efforts. These recommendations are: 1. Increase fees based on increasing meter size. 2. Enhance water conservation by using a three - tiered inclining block rate. 3. Enhance water conservation by increasing the uniform water rates for industrial and irrigation users. 4. Implement monthly billing. In accordance with the Water Rate Study, rate increases are spread over a five -year period. These increases will provide revenues for water - related operation and maintenance costs, and for projects associated with the Lake Oswego- Tigard Water Partnership and other capital improvements. OTHER ALTERNATIVES The Council could decide not to amend the Master Fees and Charges Schedule and provide staff with direction regarding funding the Lake Oswego/ Tigard Water Partnership financial obligations. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City Council Long Term Goal: "Continue to monitor the Tigard /Lake Oswego Water Partnership." DATES OF PREVIOUS COUNCIL CONSIDERATION This topic has come before the Council on the following dates: • June 15, 2010 - Introduction to the water financial plan project - Water Rate Study and Water SDC Update • July 20, 2010 - Presentation on water revenue requirements pertaining to the Lake Oswego- Tigard Water Partnership and funding mechanisms available and water rate revenue increases needed to provide this additional funding. • September 21, 2010 - Presentation on water rate design and water rate increases necessary to meet the challenges in providing adequate funding for the Lake Oswego- Tigard Water Partnership. • October 19, 2010 - Discussion regarding water utility financial aid for Tigard Water Service Area regarding ratepayer economic hardship • November 9, 2010 - Staff recommendation to adopt the Water Rate Study (separate resolution) Fiscal Impact Cost: $70,000 Budgeted (yes or no): No Where Budgeted (department /program): Utility Billing Additional Fiscal Notes: Approval of the water rates will move Tigard to monthly billing. This will require additional mailings and contracting for the additional meter reads. The additional $70,000 is the estimated cost for the second half of FY 2011. The cost will be refined with award of the printing and meter reading contracts. In FY 2012 we will need to budget for an entire year of these services. The additional expense will need a budget amendment and will be funded with additional revenue generated by the fee increase. The larger fiscal impact will be to Tigard's Water Utility Sales revenue. For the second half of FY 2011, the approval of the first 34.5 percent rate increase will generate an additional $1.0 million over the current budgeted revenues. Long -term, the approval of the five years of water rate increases will enable Tigard to issue $125.5 million in planned water revenue bonds over the next six years to fund the LO /Tigard Partnership and other needed capital projects. Attachments Resolution Exhibit A - Master Fees and Charges AIS -172 Item #: 8. Business Meeting Date: 11/09/2010 Length (in minutes): 10 Minutes Agenda Title: Review and Discuss Legislative Agenda for 2011 Oregon Legislative Session Prepared By: Kent Wyatt Administration Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Finalize City of Tigard legislative priorities for the 2011 Oregon Legislative Session. STAFF RECOMMENDATION / ACTION REQUEST Discuss City of Tigard legislative priorities and determine if other issues should be added. KEY FACTS AND INFORMATION SUMMARY To prepare for the 2011 Oregon Legislative Session beginning in February, we will be meeting with Sen. Burdick and Rep. Doherty to present the City of Tigard 2011 State Legislative Agenda (see attached). Consequently, it is imperative to review the current legislative agenda and discuss whether revisions should be made. The City Council identified, at the June 22, 2010 Council meeting, the following four legislative priorities from the League of Oregon Cities proposed platform. 1. Community Development Continue efforts to resolve the conflicts between the Transportation Planning Rule (TPR) and other statewide land use planning goals by changes to Oregon Department of Transportation /Department of Land Conservation and Development procedures and rules, by legislative action. 2. Finance & Taxation Maintain and strengthen the state's historic commitment to the State Shared Revenue funding formula. 3. Telecommunications: Address tax equity issues in the context of state telecommunications laws including removing existing preemptions that have lead to declining revenues. 4. Transportation Resolve the disconnect between the TPR and other statewide land use planning goals. These four priorities along with other issues identified by Council and staff are included in the current legislative agenda. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Five -Year Council Goals - Continue to support the Legislature in addressing the financial needs of state and local governments in Oregon. DATES OF PREVIOUS COUNCIL CONSIDERATION June 22, 2010 - City Council Business Meeting Fiscal Impact Fiscal Information: None Attachments City of Tigard Legislative Agenda State Shared Revenue Transient Lodging Water Rights Local Control IN ,� CITY OF TIGARD STAY OF OREGON 2011 STATE LEGISLATIVE AGENDA � _ TIGARD s 1859 ■ POPULATION: 47,700 STATE'S 12 LARGEST CITY HOME TO 3,355 BUSINESSES For the 2011 Oregon Legislative Session, the City of Tigard has identified the following legislative priorities: ✓ Transportation Planning Rule — Community Development: Continue efforts to resolve the conflicts between the TPR KEY POINTS Transportation Planning Rule and other statewide land use )> Prevents efficient land use inside UGB Regional & Town Centers. planning goals by changes to Oregon Department of Transportation /Department of Land Conservation and Conflicts with State land use planning goals & Metro 2040 Development procedures and rules, or by legislative action. plan. ✓ Transportation Planning Rule - Transportation: Resolve the ➢Problems with using existing method of volume -to- capacity disconnect between the TPR and other statewide land use ratios. planning goals. Tigard is committed to achieving mobility needs while meeting the ✓ State Shared Revenue: Maintain and strengthen the state's region's goals & aspirations. historic commitment to the State Shared Revenue funding formula. ✓ Telecommunications Preemptions: Address tax equity issues in the context of state telecommunications laws including removing existing preemptions that have lead to declining revenues. Other Issues of Interest • Seek additional funding, efficiencies and program support for multi -modal transit and rail projects. • Support an urban growth boundary agenda that would provide for a more efficient urban growth management system. • Allow local governments a more flexible use of transient lodging tax to meet the increased demands placed both on essential services and infrastructure created by tourism activities. • Lake Oswego /Tigard Water Partnership Removal Fill Process — Amend language to assure municipal providers of linear facilities that taxpayer dollars are not spent to acquire land until after it is determined that a permit will be issued. www.tigard - or.gov 13125 SW Nall Boulevard 503.639.4171 LEAGUE of Oregon CITIES City Hall Week Issue: State Shared Revenue Background: State Shared Revenues (SSR) is a methodology whereby the state collects taxes and distributes revenues by formula to local government. Cities in Oregon have depended on State Shared Revenues from liquor, beer and wine, cigarettes, and 9-1 -1 taxes to fund essential community needs such as public safety, economic development, parks, and senior services. When the state first imposed these taxes, they also preempted local governments from enacting local taxes on these items, but in exchange agreed to share these proceeds with cities. Due to property tax restrictions associated with Measures 5 & 50, this allocation became a vital part of city funding even before the current economic crisis. Most cities don't have the reserves to absorb any cuts to State Shared Revenues. 2011 Legislative Session: It will be important to the League to maintain and strengthen the state's historic commitment to State Shared Revenue formulas. Any additional taxes or surcharges that the Legislature may impose on these items must be incorporated into the current formula so cities may continue to provide services related to those revenues. City Message to Legislators and Candidates: • Respect the SSR partnership, and not take any actions that would transfer funds from one level of government to assist another level of government in dealing with fiscal challenges. • It is important to maintain and strengthen the state's historic commitment to the State Shared Revenue funding formula by: • Providing that any additional taxes or surcharges on these items be incorporated into the current formula so cities may continue to provide services related to those revenues. • Resisting any raid by the state on shared revenues that would eliminate crucial city services. • Seizing any portion of State Shared Revenues would bring the Oregon economy to even more desperate levels because: • Cities are the economic centers for commerce and industry. • Cities must be able to provide services that attract and retain businesses in Oregon. • Any raid on SSRs will result in further city cuts to police, fire and other essential services. i t it _ LEAGUE of Oregon CITIES City Hall Week Issue: Transient Lodging Tax Background: In 2003, the Legislature passed a bill requiring 70 percent of revenues from any new or increased local transient lodging tax (TLT) to be used exclusively for the promotion of tourism and tourism - related facilities. While tourists benefit communities, they also place increased demands on local infrastructure and services such as law enforcement, transportation, parking and facilities maintenance. This preemption has prohibited cities from having the flexibility to utilize revenue to address tourism impacts and generally meet the needs of their communities. Previously, decisions on how to best allocate transient lodging taxes had been made locally, by those best suited to understand local community needs. 2011 Legislative Session: The League intends to ask the Legislature to allow local governments more flexible use of transient lodging tax revenues to meet the increased demands placed on both essential services and infrastructure as a result of tourism activities. Specifically, legislation will be introduced to: repeal the 70 percent dedication for tourism promotion and facilities that was approved in 2003; and free up cities to make their own determinations as to how to use those revenues. City Message to Legislators and Candidates: • The current preemption on the transient lodging tax hampers cities' ability to address increased public safety and infrastructure needs resulting from tourism activities. • The TLT preemption has taken away authority from those who best know local conditions and needs, and has restricted cities, large and small, in their ability to effectively meet the challenges of a difficult economy. • Lifting this preemption will allow local governments to make their own decisions on what makes their communities attractive to visitors as a tourist destination. LEAGUE or Oregon CITIES City Hall Week Issue: Protect Municipal Water Rights Background: Due to the unique nature of municipal water suppliers' need to plan for growth and infrastructure investment, cities often "grow" into water rights over time before those rights become certificated. State administration of municipal water permits has historically recognized that the time horizons involved in city planning efforts, the service life of facilities, and the amount of time required to pay for infrastructure investments all frequently span decades. The need for and ability to conduct long -term planning is further impacted by mounting shortfalls in infrastructure funding. Yet an Oregon Court of Appeals decision in 2004 upended longstanding state policy, ruling that in order to be granted a water permit, a municipality must construct the infrastructure necessary to use the water within five years. In 2005, the Legislature passed HB 3038, which restored much of the ability of cities to grow into water permits over a longer period. The bill also requires cities to develop a Water Management and Conservation Plan (WMCP), and conditions permits on the ability to maintain the persistence of certain fish species. More recently, special interests have sought legislation to place strict limits on municipal water use, despite the fact that cities use less than 10 percent of the water that is used in Oregon. 2011 Legislative Session: Special interests will again likely propose limits on municipal water use that interfere with new and approved water rights. Also, the state is currently in the process of developing policy regarding the impact on in- stream peak and ecological flows of projects funded through a new grant and loan fund for non - municipal water storage projects (created by HB 3369 in 2009). Certain environmental groups have argued that new protections for peak and ecological flows should go beyond the provision in state law applying to projects funded through HB 3369, and also restrict new and existing water permits and other water storage projects not funded through the bill. City Messages to Legislators and Candidates: • Talk to your legislators and candidates about water needs in your community and the importance of a reliable water supply to economic development, public health, and quality of life for your citizens. • Urge legislators and candidates to oppose water permit conditions that would prevent municipalities from meeting current or future water demands. • Discuss the efforts of your city to conserve water, act as environmental stewards, and secure funding for infrastructure upgrades so that residents have a safe and reliable supply of clean water. i r� LEAGUE _Oregon CITIES City Hall Week Issue: Local Control Referral Background: One of the challenges facing local voters is their inability to make decisions on service levels due to the limitations of Measures 5/50. Restrictions on voter choice are prohibiting communities from determining appropriate public safety levels, and the type and amount of other services to provide. The current five -year restriction on operating levies limits predictability, while compression reduces the resources that local voters need to make decisions appropriate to their community. 2011 Legislative Session: The League will seek legislative approval of a constitutional referral to the voters that would: • Allow local governments to extend the timeframe for any new voter approved local option operating levy from the current five years to 10 years; • Provide that the limitations that result in compression not be applicable to these voter approved levies; and • Allow districts to ask voters for a levy renewal at the eight -year mark. City Message to Legislators and Candidates: • Voter choices at the local level are hampered by Measure 5/50 limitations. • Deciding appropriate police and other service levels should be made by local citizens. • Increasing the timeframe for voter - approved local operating levies from 5 years to 10 years: • Provides more local control in deciding appropriate local service levels. • Strengthens a city's ability to engage in long term planning. • Allowing local voters to reauthorize these levies after eight years: • Provides revenue predictability for local governments. • Provides tax bill predictability for tax payers. • Compression is an arbitrary statewide restriction on choosing appropriate local service levels. AIS -271 Item #: 9 Business Meeting Date: 11/09/2010 Length (in minutes): 20 Minutes Agenda Title: Consider Council Groundrules and Code of Conduct for Appointed Boards and Committees - Continued from the October 26, 2010 Council Meeting Prepared By: Cathy Wheatley Administration Item Type: Ordinance Meeting Type: Council Business Meeting - Main Resolution ISSUE ___________ - — -- -- - - -- Updates to the Council Groundrules and the creation of a Code of Conduct for appointed board and committee members. STAFF RECOMMENDATION / ACTION REQUEST Consider the proposed ordinance and resolutions as updated based on comments from Council members. KEY FACTS AND INFORMATION SUMMARY See the attached November 5 memorandum outlining the updates to the October 26, 2010, Council packets. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION October 26, 2010 Attachments Attachment 1: Memo - Explaining Proposed Changes since October 26. 2010 Council Meeting Attachment 2: Resolution with Exhibit A - Council Groundrules Attachment 3: Council Groundrules - Text Showing Proposed Amendments Attachment 4: Agenda Item Summary - Council Groundrules - from the October 26, 2010 Council Packet Attachment 5: Ordinance with Exhibit A - Code of Conduct for Boards and Committees Attachment 6: Resolution with Exhibit A - Code of Conduct for Boards and Committees Attachment 7: Agenda Item Summary - Code of Conduct for Boards and Committees - from the October 26. 2010 Council Packet Attachment 1 Memorandum Explaining Proposed Changes since the October 26, 2010 Council Meeting for 1. Council Groundrules 2. Code of Conduct for Boards and Committees City of Tigard TIGARD Memorandum To: Honorable Mayor and City Council From: Loreen Mills, Asst. to the City Manager ' .. Re: 11/9/10 COUNCIL PACKET UPDA E - Council Groundrules and Code of Conduct for Boards and Committees Date: November 5, 2010 BACKGROUND: The City Council considered updates to the Council Groundrules and the creation of a Code of Conduct for appointed board and committee members at their meeting on 10/26/10. At the 10/26 meeting, Councilor Henderson provided some language updates for the documents. Councilor Buehner advised she would provide staff with her recommended changes to the documents within the next several days. Council agreed to set these items over to the 11/9/10 Council meeting for further consideration. RECOMMENDED CHANGES: Following are the language changes recommended by Councilor Henderson at the 10/26/10 Council Meeting: • Council Groundrules - the section entitled "Communication with City Boards, Committees and Commissions" - 3' bullet be changed as follows: o Board members do not report to individual Council members. • - - - - • . -. Individual councilors have no authority to remove board members. • Council Groundrules - the section entitled "Code of Conduct" "Respect and Care" - 4th bullet be changed as follows: o Respect the distinction between the role of citizens, Council and staff. Note: Staff recommends the addition of the word "citizens" be included in the Code of Conduct for board and committee members so that it mirrors Council's code of conduct. Following are the language changes recommended by Councilor Buehner this week: • Council Groundrules - the section entitled "Communication as the Council Liaison with City Boards" - 3 bullet be changed as follows: o Council Liaisons are not to direct the business or decision - making process of the Board and do not vote on matters before the Board. • Council Groundrules - the section entitled "Communication as the Council Liaison with City Boards" - add new 4th bullet: o Council Liaisons do not initiate, propose or advocate for their personal position on a matter before the Board. 1 ACTION ITEMS FOR 11/9/10 AND STAFF RECOMMENDATIONS: Council Groundrules — Staff recommends approval as amended by Councilor Henderson and Councilor Buchner. • Motion to approve resolution amending Council Groundrules as amended by Councilors Henderson and Buehner. Note: attached resolution includes amended language. Code of Conduct for Appointed Board, Committee and Commission Members — Staff recommends approval as amended by Councilor Henderson. • Motion to adopt ordinance recognizing the Code of Conduct for all appointed members of the City's boards, committees and commissions and removing old information about the Planning Commission member removal process. • Motion to approve resolution establishing a Code of Conduct for all appointed members of the City's boards, committees and commissions as amended by Councilor Henderson. Note: attached resolution includes amended language. (Attachments — As listed on the Agenda Item Summary) 21 COUNCIL GROUNDRULES Attachment 3 Council Groundrules — Showing Proposed Amendments TIGARD CITY COUNCIL GROUNDRULES The Tigard City Council Groundrules are a compilation of role definitions and meeting process provisions set forth in the City Charter and Tigard Municipal Code as well as general practice and communication principles. The Council Code of Conduct provides the framework to guide Council in their actions as they serve in publicly elected office. City Council is the policy making body for the City of Tigard. The City Council will review the Groundrules annually during a July or August Workshop Meeting. The Groundrules may also be reviewed and revised as needed at any other time in the year when a specific issue or issues are identified requiring action prior to the established review period. Comment (Mi]: Moved here from the Communication Section and wording updated The City Charter, Article IV, Section 13, contains regulations that govern Council meetings. Charter provisions may only be changed by a vote of the people. Code provisions may be changed by Council Ordinance. Groundrules may be changed by Council Resolution. This-document-is CHARTER AND MUNICIPAL CODE PROVISIONS Council /Mayor Roles • The Mayor, or in the absence of the Mayor, the Council President, shall be the Presiding Officer at all meetings. The Presiding Officer shall conduct all meetings, preserve order, enforce the rules of the Council and determine the order and length of discussion on any matter before the Council, subject to these rules. The Presiding Officer may move, second, debate and vote and shall not be deprived of any of the rights and privileges of a Councilor. The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents, except where authority to sign certain contracts and other documents has been delegated to the City Manager and all documents shall be attested to by the City Recorder. The Mayor shall appoint the committees provided by the Rules of Council. • In all other actions, decisions and other matters relating to the conduct of business of the City, the Mayor or President shall have no more or less authority than any other Council member. For the purposes of this written procedure any reference to the Council (unless otherwise specifically noted to the contrary) will include the Mayor, Council President and Council members. 11 -03 -10 Draft 1 TIGARD CITY COUNCIL GROUNDRULES Conduct of City Meetings • Council will meet at least once a month. Regularly scheduled meetings shall be on the second, third, and fourth Tuesdays of each month. • The Council meetings on the second and fourth Tuesdays are "Business" meetings; the Council meetings on the third Tuesday of the month are "Workshop" meetings unless otherwise designated by the City Council. Members of the City Council may set other meetings of the full Council such as joint meetings with other agencies or general community meetings. • Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m. at the established place of meeting. On the second and fourth Tuesdays, the meetings will begin with a Study Session following by the Business meeting. On the third Tuesday, the Workshop meeting will begin at 6:30 p.m. • Roll Call /Voting Order: The roll shall be called in alphabetical order by last name. At each succeeding meeting at which a roll call vote is taken, the council person who voted last during the previous meeting, shall vote first and the Council person who voted first during the preceding meeting shall vote second and so on in a rotating fashion. It is the intent that the voting order remain fixed for each meeting and that a different Council person shall vote last during each separate meeting for the duration of the meeting. • Charter Section 19 provides that 'the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any question before the Council.' A Council member who abstains or passes shall be considered present for determining whether a quorum exists, but shall not be counted as voting. Therefore, abstentions and 'passes' shall not be counted in the total vote and only votes in favor of or against a measure shall be counted in determining whether a measure receives a majority. City Council Compensation I Section 2.44.040-020 of the Tigard Municipal Code provides for compensation for attendance at Council meetings and meetings for an intergovernmental board, committee or agency. The amount of the compensation for Council members may be reviewed and set annually by resolution of the City Council as part of the budget cycle. As part of the annual review, Council may elect to enter into an agreement with the Mayor or one City Councilor to assume additional responsibilities for additional compensation. The additional duties shall relate to representing the city on regional, state or federal issues and committees or task forces. The responsibilities and compensation shall be set by agreement between the Mayor or Councilor and the Council members. 11 -03 -10 Draft 2 TIGARD CITY COUNCIL GROUNDRULES GENERAL GROUNDRULE PROVISIONS The next portion of this document is divided into three major sections identifying groundrules for the Meeting Process, Communication and Code of Conduct that: • Establish the meeting process; • Guide individual interaction and communication among Councilors and with the community; • Set out the Code of Conduct providing the framework to guide Council members in their actions and conduct; and • Govern proceedings of the City Council, Local Contract Review Board and City Center Development Agency where they do not conflict with statutory provisions. MEETING PROCESS All Council meetings are open to the public with the exception of Executive Sessions, which are called under certain circumstances and topics are limited to those defined in ORS 192.660.', - Comment [L2]: Moved from the Business Meeting section and wording is updated. o The Chair or other members if the Chair fails to remember may call for a Point of Order at or around 9 p.m. to review remaining agenda items. The Council may reset or reschedule items, which it feels may not be reached prior to the regular time of adjournment. o The Council's goal is to adjourn prior to 9:30 p.m. unless extended by majority consent of Council members present. If not continued by majority consent, the meeting shall be adjourned to the next scheduled meeting or the meeting shall be continued to another regular or special meeting at another date and time. _ { Comment [L3]: These two paragraphs have been relocated from below the Executive Session section of Meeting Process and o Regularly scheduled business meetings and workshops are generally televised. l language is updated. Definitions - Meeting Types, Study Sessions and Executive Sessions: BUSINESS MEETINGS o = • - - • Regular meetings where Council may deliberate toward a final decision on an agenda item including consideration of ordinances, resolutions & conducting public hearings. • • • . - • • - • • •• t o Business meetings are generally scheduled to begin at 7:30 p.m. with a study session preceding the Business Meeting at 6:30 p.m. Study Sessions are a workshop - type of meeting • (see Study Session definition below) _. -. - - - . • • • - • - • • 11 -03 -10 Draft 3 TIGARD CITY COUNCIL GROUNDRULES ! Comment [L4]: Moved to the beginning of the Meeting Process section. o The "Citizen Communication" portion of the agenda is a regular feature on the Council Business meetings. This item will be placed near the beginning of the Council Agenda to give citizens a chance to introduce a topic to the City Council. Citizen Communications are limited to two minutes in length and must be directed to topics that are not on the Council Agenda for that meeting. o At the conclusion of the Citizen Communication period, either the Mayor, a Council member or staff member will comment what, if any, follow -up action will be taken to respond to each issue. At the beginning of Citizen Communication at the next business meeting, staff will update the Council and community on the review of the issue(s), the action taken to address the issue, and a statement of what additional action is planned. Council may decide to refer an issue to staff and /or schedule the topic for a later Council meeting. WORKSHOP MEETINGS o Workshop _egula_ Regular meetings where Council reviews and discusses agenda topics. Council may not make final decisions during the meeting. Public testimony is generally-not scheduled unless the Mayor or Council so choose. ' - Comment [L51: Redundant language — o Appropriate topics for Workshop meetings include: covered in paragraph above and bullets below. --- Introduce a Topic: Staff will bring up new items to determine whether Council wants to entertain further discussion and whether to schedule the topic as an item on a future agenda. - Educational Meetings: Council will review research information presented by staff, consultants, or task forces - usually as a process check; i.e., is the issue on the right "track "? — Meet with individuals from City boards and committees or other jurisdictions to discuss items of common interest (examples: Tigard Planning Commission, ether- Counci sLake Oswego City Council, the Tigard - Tualatin School District, ). — Administrative Updates: Items such as calendar information, scheduling preferences, process checks. 11 -03 -10 Draft 4 TIGARD CITY COUNCIL GROUNDRULES STUDY SESSIONS o Study Sessions usually precede or follow a Business Meeting or Workshop Meeting that are open to the public but not regularly televised. As s t a t e d it b e ... they a_c o Conductedeendneted in a Weekshopworkshop -type setting to provide Council an opportunity for Council -to review the Business Meeting Agenda and te-ask questions -for clarification on issues or en-processes. Information is also shared on time- sensitive items -that o Any Council member may call for a Point of Order whenever -he et-she-wishes-to stop the "discussion! because he or she feels proposes that it is-would be more appropriate fer-theCity-Geune to discuss the matter during the-a Council Business meetingMeeting. o If a Point of Order is raised, the City Council will discuss the Point of Order and-to determine whether the "discussionl' should continue en-or be held during the-a Council Business Meetingmeeting. The decision on whether to continue the - discussion -- or not shall be determined by the majority consensus of the Council members present. o If Council discusses a Council Agenda Topic in a Study Session prior to that Council meeting, either the Presiding Officer or City Manager will briefly state at the introduction of the Agenda Topic, the fact that Council discussed the topic in the Study Session and mention the key points of the discussion. EXECUTIVE SESSIONS o Meetings- eenExecutive Sessions are held by the Council with appropriate staff or advisors in attendance. The purpose is to review certain matters in a setting closed to the public. Executive Sessions may be held during a regular, special or emergency meeting after the Presiding Officer has identified the ORS authorization for holding the Executive Session. Among the permitted Permitted topics are identified in ORS 192.660 and include employment of a public officer, deliberations with the persons designated by the Council to carry on labor negotiations, deliberations with persons designated to negotiate real property transactions, and to consult with legal counsel regarding current litigation or litigation likely to be filed. Y r . • • _.. ..... . .. . . - . N. Comment [L6]: These two paragraphs are relocated to the beginning of the Meetings Process section. 11 -03 -10 Draft 5 TIGARD CITY COUNCIL GROUNDRULES Council Agendas and Packet Information o The City Manager will schedule agenda items leattespting tewith the objective of maintain -maintaining balanced agendas to -allew and allowing time to discuss topics within the meeting's time allotment. -. . • ... . - .. - . . s .. . went- time: o The City Manager will schedule items allowing time for staff research and the - agenda cycle deadlines. o The agenda cycle calls for submittal of items 49ten days in advance of a Council meeting. With the exception of Executive Sessions, add -on topics and handouts during the meeting Add-ens-are to be minimized, : • - :... _ • - .. .. o Councilors and-staff-will prepare in advance of public meetings by reviewing packet material and requesting further necessary information in advance of the meeting. -and issues Staff will prepare in advance of public meetings by presenting issues sheald -i e- presented-fully in packets and providing additional information requested by Council. o Council is supportive of the role of staff sold- play -in offering professional recommendations. Staff is aware of Council's right to make final decisions after considering the staff recommendation, public input, the record and Council deliberation on the matter. o Council members should attempt to give at least 24 hours' notice by advising the City Manager and the City Recorder of a request to remove a Consent Agenda item for separate discussion. The City Recorder shall notify all Councilors of such requests prior to the start of the Business Meeting. Councilors Scheduling Agenda Items o Councilors are encouraged to suggest agenda topics at the bench or to contact the City Manager about scheduling an item iron the Tentative Agenda. o Add -on Agenda- agendaitems should be brought up at the start of the meeting and are generally considered only if continuing to a later agenda is not appfepfiatepractical. o Requests for legislative action of Council may be initiated by an individual Council member during a Council meeting. The City Manager will respond to the request consistent with resources and priorities, or refer the question of scheduling to Council as a whole. { Comm ent [ l Duplicate paragraph Co t L7 : Du li of above 11 -03 -10 Draft 6 TIGARD CITY COUNCIL GROUNDRULES Councilors Use of Electronic Communications Devices During Council Meetings Definitions for this section: Electronic Communications means e-mail, text messages, or other forms of communications transmitted or received by technological means. Electronic Communications Devices means lap -top computers, blackberries, cell- phones, notebooks, or other similar devices capable of transmitting or receiving messages electronically. o Councilors shall not send or receive electronic communications concerning any matter pending before the Council during a Council meeting. o Councilors shall not use electronic communication devices to review or access information regarding matters not in consideration before the Council during a Council meeting. o Councilors shall not access the internet web but may access Council packet information concerning any matter pending before the Council during a Council meeting. o Any electronic communications regarding a quasi - judicial matter to be considered by Council is an ex -parte contact and shall be disclosed as required by law. COMMUNICATION General o Recognize that you are seen as a Councilor at all times, no matter how you see yourself at any particular time. Thus, Councilors are always treated by Administration as Council members. o Whenever you put anything in writing, assume that everyone in the city is looking over your shoulder. o Do not respond to communications directed to the full Council. The City Manager or Mayor will respond. o If a communication is directed to an individual Councilor, you may choose to respond as an individual or refer to the City Manager. o Information received by a Council Member that affects the Council should be shared with the wholege -te Council. The City Manager is to decide on "gray areas," but too much information is preferable to too little. o Budget cuts or increases are policy decisions. Budgets will not be cut "piece meal" or "across the board," but rather should be made in service or program areas, giving staff full opportunity to provide data clearly defining the anticipated impact of the action. o It is the policy of the Council that if Councilors are contacted regarding labor relations during labor negotiations or conflict resolution proceedings, then Councilors have no comment. 11 -03 -10 Draft 7 TIGARD CITY COUNCIL GROUNDRULES o Councilors and the City Manager agree to report and discuss any contact, which that might affect labor relations with the entire Council in Executive Session. • - Comment [1.8]: Moved to the beginning of the document. Communications Between City Councilors, City Manager and Staff o Councilors are encouraged to maintain open communications with the City Manager, both as a group and individuallysessiens. o Councilors are encouraged to take issues to the City Manager first, giving as much information as possible to ensure a thorough response. o In the absence of the City Manager, Councilors are encouraged to contact the Assistant City Manager. In the absence of both the City Manager and the Assistant City Manager, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Manager. o City Manager shares information equally with Councilors. o Councilors are encouraged to avoid substantive contact with staff below the Department Head to avoid possible disruption of work, confusion on priorities, and limited scope of responses. In no case, should Councilors direct the work of staff without prior approval of the Department Head or City Manager. o Our goal is mutual confidence and respect with staff. Compliment staff members when they make good presentations. Be friendly. Attend staff occasions when you can. Communications Among Councilors o No surprises. o Be courteous. o Honestly share concerns and opinions with each other. o Don't blurt it out on TV. o If you hold back in a meeting, follow up later with fellow Councilors or the City Manager. 11 -03 -10 Draft 8 TIGARD CITY COUNCIL GROUNDRULES o Bounce ideas off each other by phone or informal conversation, always mindful not to form a quorum. o Spend some casual time together. Communications with Community /General Public Comment IL9l: Moved to new section following this entitled "Communications with Potential Mayor /Council Candidates' o Councilors and the General Public are reminded of the Agenda cycle and cut -off dates. Administrative staff is available to explain how public issues are handled- addressed and how citizen input may be accomplished. o Communication that represents the City's position on an issue should come through City Hall and be provided by the City Manager. Direct submittals or inquiries to the Council or individual Councilors should be referred to the City Manager, or Councilors may ask the City Manager to look into an issue. o Official press releases are encouraged, both to assure accurate reporting and to advise Council and Staff of the official position communicated to the press. Press releases are issued through the City Manager's Office. Communications with Potential Mayor /Council Candidates o 1Council members will host an event to share with potential Mayor or City Council candidates what is involved in serving on the City Council. - - Comment [L30]: Moved from section above to this new section for potential candidate communication and language updated per o Council members may support a person running for office but they must declare this as an , Council direction. individual endorsement and not in their official capacity as a Council member. Communication Between Partners and Allies o In general, let the Mayor speak for the City. o Keep long -term relationships in mind. Don't over -focus on the issue at hand. o Take issues to the City Manager first. Council Communication with Other Public Agencies As the Portland metropolitan region continues to grow, it is critical that Tigard be at the "table" with other jurisdictions in the region and clearly represent the City's official position. 11 -03 -10 Draft 9 TIGARD CITY COUNCIL GROUNDRULES o Council members will be clear about representing the City or personal interests. If a Council member appears before another governmental agency or organization to give a statement on an issue, the Council member must clearly state whether the statement reflects personal opinion or is the official position of the City. o If a Council member is representing the City, that Council member will consistently support and advocate the City's official position on an issue and cannot foster or further a personal viewpoint that is inconsistent with the official City position. o Council members will inform the Council of their involvement in an outside organization if that organization is or they believe may become involved in any issue within the City's jurisdiction. If an individual Council member publicly represents or speaks on behalf of another organization whose position differs from the City's official position on an issue, the Council member must clearly communicate the organization upon whose behalf they are speaking. The Council member must withdraw from voting as a Council member upon any actions that have bearing upon the conflicting issue. o Council members serving on committees or boards as the City representative with outside entities or agencies will communicate with other Council members on issues pertinent to the City. Communication with City Boards, Committees and Commissions The independent advice of City Boards, Committees and Commissions is critical to the public decision - making process. For that reason, Council members will refrain from using their positions to influence unduly the deliberation or outcomes of board proceedings. Members of boards, commissions, and committees are referred to generally as "board" in this section of the Groundrules. o Council members will not contact a board member to lobby on behalf of an individual, business or developer. Council members may contact the board member in order to clarify a position taken by the Board. Council members may respond to inquiries from board members. Communications should be for information only. o Council members may attend any board meeting, which is open to any member of the public. However, Council members should be sensitive to the way their participation could be viewed as unfairly affecting the process. o Board members do not report to individual Council members. oier--sltetilel Individual councilors have no authority to remove board members 11 -03 -10 Draft 10 TIGARD CITY COUNCIL GROUNDRULES Communication as the Council Liaison with City Boards o Council liaison assignments are determined by consensus of City Council. The goal is to have assignments evenly divided between Council members. Should two or more Council members seek appointment to a position the longest serving Council member will have first choice. o Council Liaisons are to periodically attend Board meetings, listen to the Board discussion, set context for the Board regarding Council decisions /goals /policies and City priorities, answer questions and carry concerns and information back to the full Council. o Council Liaisons are not to direct the business or decision - making process of the Board and do not vote on matters before the Board. o Council Liaisons do not initiate, propose or advocate for their personal position on a matter before the Board. o Council Liaisons are to protect the independence of the Boards. o Council Liaisons at times may advocate Council actions on behalf of their assigned Board. Great care must be taken to avoid the appearance of unfairness, conflict of interest or circumstances where such possibilities may exist (e.g., Planning Commission quasi - judicial matters). CODE OF CONDUCT Scope This Code of Conduct is designed to provide a framework to guide Council members in their actions. The Code of Conduct operates as a supplement to the existing statutes governing conduct including the ethics law of the State of Oregon. This Code of Conduct applies to Council members as they also serve as the Local Contract Review Board and the City Center Development Agency. Conduct of Council Members This section describes the manner in which Council members will treat one another, the public, and city staff. 11 -03 -10 Draft 11 TIGARD CITY COUNCIL GROUNDRULES Council Conduct with One Another During Meetings o Practice civility, professionalism and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of democratic governance. This does not allow, however, Council members to make belligerent, personal, slanderous, threatening, abusive, or disparaging comments. o Avoid personal comments that are intended to, or could reasonably be construed to, offend other members or citizens. If a Council member is offended by the conduct or remarks of another member, the offended member is encouraged to address the matter early with the offending member. Council Conduct Outside of Public Meetings o Continue respectful behavior in private. The same level of respect and consideration of differing points of view deemed appropriate for public discussion should be maintained in private conversations. o Be aware of the public nature of written notes, calendars, voicemail messages, and e-mail. All written or recorded materials including notes, voicemail, text messages and e-mail created as part of one's official capacity will be treated as potentially "public" communication. o Even private conversations can have a public presence. Council members should be aware that they are the focus of the public's attention. Even casual conversation about city business, other public officials or staff may draw attention and be repeated. o Understand proper political involvement. Council members, as private citizens, may support political candidates or issues but such activities must be done separate from their role as a Council member. Council Conduct with the Public o Be welcoming to speakers and treat them with respect. For many citizens, speaking in front of the Council is a new and difficult experience. Council members should commit full attention to the speaker. Comments, questions, and non - verbal expressions should be appropriate, respectful and professional. o Make no promises on behalf of the Council in unofficial settings. Council members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with citizens. It is appropriate to give a brief overview. Overt or implicit promises of specific action, or promises that City staff will take a specific action are to be avoided. 11 -03 -10 Draft 12 TIGARD CITY COUNCIL GROUNDRULES Council Conduct with City Staff o Respect the professional duties of City Staff. Council members should refrain from disrupting staff from the conduct of their jobs; participating in administrative functions including directing staff assignments; attending staff meetings unless requested by staff; and impairing the ability of staff to implement policy decisions. Individual Conduct of Council Members The individual attitudes, words, and actions of Council members should demonstrate, support, and reflect the qualities and characteristics of Tigard as "A Place to Call Home." DO THE RIGHT THING In doing the right thing, I will: • Be honest with fellow Council members, the public and others. • Credit others' contributions to moving our community's interests forward. • Make independent, objective, fair and impartial judgments by avoiding relationships and transactions that give the appearance of compromising objectivity, independence, and honesty. • Reject gifts, services or other special considerations. • Excuse myself from participating in decisions when my immediate family's financial interests or mine may be affected by the Council's action. • Protect confidential information concerning litigation, personnel, property, or other affairs of the City. • Use public resources, such as staff time, equipment, supplies or facilities, only for City- related business. GET IT DONE In getting it done, I will: • Review materials provided in advance of the meeting. • Make every effort to attend meetings. • Be prepared to make difficult decisions when necessary. • Contribute to a strong organization that exemplifies transparency. • Make decisions after prudent consideration of their financial impact, taking into account the long -term financial needs of the City. RESPECT AND CARE In respecting and caring, I will: • Promote meaningful public involvement in decision- making processes. 11 -03 -10 Draft 13 TIGARD CITY COUNCIL GROUNDRULES • Treat Council members, board members, staff and the public with patience, courtesy and civility, even when we disagree on what is best for the community. • Share substantive information that is relevant to a matter under consideration from sources outside the public decision - making process with my fellow Council members and staff. • Respect the distinction between the role of citizens, Council and staff. • Conduct myself in a courteous and respectful manner at all times. • Encourage participation of all persons and groups. Censure and Violations To assure the public confidence in the integrity of the City of Tigard, Council members are held to a high standard of conduct. For this reason, Council members believe the Code of Conduct is as important to the public process as other rules and procedures. It is also recognized that, there may be times when action is required to correct and /or prevent behavior that violates the Code of Conduct. A Council member may be censured by the other Council members for misconduct, nonperformance of duty or failure to obey the laws of the federal, state, or local government. Misconduct includes not honoring the provisions of the Council. Groundrules. Early recognition of the questioned conduct is encouraged. Progressive counsel may occur with the Council member but is not required prior to passage of a Council Resolution of Censure by the other Council members. A violation of the Code of Conduct will not be considered a basis for challenging the validity of any Council decision. Implementation Council members will receive a copy of the Council Groundrules and will affirm in writing that they have received the rules including the code of conduct, understand the provisions, and pledge to conduct themselves by the groundrules. A periodic review of the groundrules will be conducted to ensure that they are an effective and useful tool. 11-03-10 Draft 14 TIGARD CITY COUNCIL GROUNDRULES COUNCIL GROUNDRULES CERTIFICATION As a member of the Tigard City Council, I affirm that: ✓ I have read and understand the Council Groundrules including the Code of Conduct and its application to my role and responsibilities while serving on the City Council. ✓ I pledge to conduct myself by the Council Groundrules /Code of Conduct. ✓ I understand that I may be officially censured by the City Council if my conduct falls below these standards. Signature: Position: Signed this day of , 20 11 -03 -10 Draft 15 Attachment 4 Agenda Item Summary — Prepared for the October 26, AIS -226 2010 Council Meeting — Council Groundrules Business Meeting Date: 10/26/2010 Length (in minutes): 10 Minutes Agenda Title: Council Groundrules Update Prepared By: Loreen Mills, Administration Item Type: Ordinance Meeting Type: Council Business Meeting - Main Resolution Information ISSUE Council consideration to modify Tigard Municipal Code to recognize Council Groundrules and adopt updated Groundrules by resolution. STAFF RECOMMENDATION / ACTION REQUEST Approve the attached ordinance to recognize Council Groundrules in the Tigard Municipal Code as the rules governing the Council as they serve as the City Council, Local Contract Review Board and the City Center Development Agency. Approve the attached resolution to amend and update the Council Groundrules and add the Code of Conduct. This update will be effective the same time as the ordinance (30 days after passage by the Council). KEY FACTS AND INFORMATION SUMMARY The City Council annually reviews and updates, when appropriate, their Groundrules. This has occurred 14 times since January 9, 1989. Since there have been so many changes to the Groundrules, the information flow was awkward and in need of streamlining and update. Council also desires to hold themselves to a high level of professional conduct as they serve in their role as Council members and have requested a Code of Conduct be added to the Council Groundrules during this year's update. During this review, it was noted that the Council Groundrules were not recognized in the Tigard Municipal Code (TMC) except as rules of procedure for the Local Contract Review Board. It is important to clarify in the TMC that Groundrules are the rules of procedure for City Council and the City Center Development Agency too. The TMC amendment also clarifies that a violation of the Groundrules is not a basis for challenging the validity of a Council decision and identifies the censure process should Council determine misconduct has occurred. The Tigard City Council wants to ensure public confidence in the integrity of Tigard's local government and its effective and fair operation. For that reason, the City Council is updating their Council Groundrules with a Code of Conduct that provides a framework to guide Council in their actions and recognizes that they hold themselves to a high standard of conduct. Council has expressed their desire that the individual attitudes, words, and actions of Council members should demonstrate, support, and reflect the qualities and characteristics of Tigard as "A Place to Call Home." It is also recognized that, there may be times when action is required to correct and /or prevent behavior that violates the Code of Conduct. Passage of the attached ordinance and resolution will amend the TMC and adopt the updated Council Groundrules. OTHER ALTERNATIVES No other alternatives were consider as City Council directed the update of Council Groundrules. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Resolution 08 -45, the last update of Council Groundrules, calls for an annual review and update of Groundrules. DATES OF PREVIOUS COUNCIL CONSIDERATION 7/13/10 - Council directed staff to develop Code of Conduct for Board and Committee members and City Council 8/17/10 - Council reviewed Board and Committee members Code of Conduct and then directed staff to add Council Code of Conduct to Council Groundrules during annual update 9/21/10 - Council reviewed updated language for Council Groundrules with the inclusion of the Code of Conduct and recognized the Groundrules would provide guidance to Council as they also serve as the Local Contract Review Board and City Center Development Agency Fiscal Impact Fiscal Information: N/A Attachments Council Groundrules Amendments TMC Amendments for Groundrules Resolution Approving Updated Groundrules Resolution Exhibit A Groundrules CODE OF CONDUCT FOR CITY BOARDS AND COMMITTEES Attachment 7 Agenda Item Summary — Prepared for the October 26, 2010 Council Meeting — Code of Conduct — Boards and AIS -60 Committees Business Meeting Date: 10/26/2010 Length (in minutes): 10 Minutes Ordinance Amending the Tigard Municipal Code and a Resolution Pertaining to a Code of Agenda Title: Conduct for Appointed Board, Committee and Commission Members Prepared By: Kent Wyatt, Administration Item Type: Ordinance Meeting Type: Council Business Meeting - Main Resolution Information ISSUE Should the City Council adopt a Code of Conduct for board, committee and commission members and determine whether the Code applies to ad hoc committees and task forces if the appointments are to last more than three meetings? STAFF RECOMMENDATION / ACTION REQUEST Approve the attached ordinance to recognize the Code of Conduct for all appointed members of the City's boards, committees and commissions and remove old information about the Planning Commission members removal process. Approve the attached resolution to approve the Code of Conduct for all appointed members of the City's boards, committees and commissions. This update will be effective the same time as the ordinance (30 days after passage by the Council.) KEY FACTS AND INFORMATION SUMMARY The Tigard City Council wants to assure public confidence in the integrity of Tigard's local government and its effective and fair operation. For that reason, the City Council is updating their Council Groundrules with a Code of Conduct that provides a framework to guide their actions and recognizes they hold themselves to a high standard of conduct. The Council believes it is important to hold appointed members of City boards, committees and commissions to this same high standard by approving a Code of Conduct for all appointed members. The Code of Conduct is as important to the public process as other rules and procedures. Council has expressed their desire that the individual attitudes, words, and actions of board members should demonstrate, support, and reflect the qualities and characteristics of Tigard as "A Place to Call Home." It is also recognized that, there may be times when action is required to correct and /or prevent behavior that violates the Code of Conduct. The proposed Code has been reviewed by City Council. The current chairs of boards and committees were also provided an opportunity to review the draft language and the Planning Commission Chair suggested some clarifying language which Council has included in the Code. The Code of Conduct will apply to all all boards, committees and commissions which include those groups (ad -hoc boards, task forces, etc.) that serve a defined period of time and hold more than three meetings. Upon approval of this code, all board, committee and commission members will be given a copy of the code and will affirm in writing that they have received the code, understand its provisions, and pledge to conduct themselves by the code. OTHER ALTERNATIVES No other alternatives were considered as City Council directed the creation of the Code of Conduct for board, committee and commission members. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION 7/13/10 - Council directed staff to develop Code of Conduct for Board and Committee members and City Council 8/17/10 - Council reviewed Board and Committee members Code of Conduct Fiscal Impact Cost: 0 Budgeted (yes or no): No Where Budgeted (department /program): NA Additional Fiscal Notes: None Attachments Ordinance adopting TMC amendments Resolution approving Code of Conduct 0 AIS -243 Item #: Business Meeting Date: 11/09/2010 Length (in minutes): 5 Minutes Agenda Title: Update on 3rd Quarter Council Goal Status Prepared By: Joanne Bengtson Administrative Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main ISSUE Update Council on progress made on Council Goals during the 3rd Quarter of 2010. STAFF RECOMMENDATION / ACTION REQUEST Information only, no action required. KEY FACTS AND INFORMATION SUMMARY Provide Council with an update on the progress made on 2010 Council Goals during the 3rd quarter of the year. OTHER ALTERNATIVES Not Applicable. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2010 City Council Goals - Update on each goal. DATES OF PREVIOUS COUNCIL CONSIDERATION The 2nd Quarter update (April - June) was provided to Council in August. Fiscal Impact Fiscal Information: None Attachments 3rd Quarter Goal Report AgendaQuick ©2005 - 2010 Destiny Software Inc., All Rights Reserved 2010 3 Quarter Goal Update III On December 22, 2009, the City Council met to set its goals for the comingyear. These goals represent those items that the Council feels deserve special attention in the months ahead. The City will accomplish T 1 G A RE) much more than what is listed here, but we identify these to be of particular importance to our residents. 2010 Council Goals 1. Implement Comprehensive Plan a. Complete the Transportation System Plan (TSP) and begin area plans (Tigard Triangle, 99W Corridor, etc.) Staff presented a briefing on the TSP Update at the September 21 workshop meeting. Council will conduct a public hearing on the Planning Commission's recommended TSP on October 12. b. Update Tree Code The Urban Forestry Code Revisions (UFCR) Citizen Advisory Committee and Technical Advisory Committee have held regular meetings since June. The adoption process for the complete set of code revisions began in July. Staff continued implementation of the UFCR Public Involvement Plan by regularly updating the project website, sending project updates to interested parties, and discussing the project with community members at events such as the Farmer's Market. On July 20, 2010 Council and Planning Commission provided direction to (project consultant) Winterbrook Planning on how to approach the tree grove inventory and protection program portion. Based on that input, Winterbrook Planning has begun inventorying trees groves in the field. c. Continue to promote plan for 99W Light Rail The city earned a Transportation Growth Management (TGM) grant from the Oregon Dept. of Transportation (ODOT) and the Land Conservation and Development Commission (LCDC) to develop a land use plan for potential high capacity transit (HCT) station areas. The city continues to work with Metro, TriMet, ODOT, Washington County, and the cities of Portland and Tualatin on coordinating this land use plan with several related transportation and land use efforts along the corridor associated with HCT and Metro's mobility corridor refinement plans. The Mayor and three staff from Community Development will attend the national Rail - Volution conference in Portland, held the week of October 18. Two Planning Commissioners received scholarships to attend as well, providing them with great educational sessions and networking opportunities. 2. Implement Downtown Urban Renewal a. Initiate developer outreach /recruitment An additional redevelopment feasibility study was completed this quarter. Results will be presented to the City Center Development Agency (CCDA). Members of the CCDA and City Center Advisory Commission (CCAC) are developing Council Goal Update 1 possible incentives to improve redevelopment feasibility. They will share the incentives with developers in the region for feedback and attend the Transit Oriented Development (TOD) Marketplace at the Rail — Volution conference to gain feedback on TOD plans from members of the development community. b. Adopt Downtown Circulation Plan The CCAC provided staff with recommendations on the Downtown Circulation Plan. Based on that feedback, staff developed an outline for implementation that prioritizes projects in the short -term to mid -term. The CCAC endorsed this approach at their September meeting. 3. Strategize with Park and Recreation Advisory Board on a 2010 Parks Bond a. Decide whether to return to ballot and, if so, when? Tigard Ballot Measure No. 34 -181 is on the ballot for November 2, 2010. Caption: Bond to acquire open spaces, protect clean water, improve parklands Question: Shall city issue :1 7 million general obligation bonds to acquire, preserve and protect open spaces, water quali habitat and parks? b. Develop land acquisition strategies (potential options to purchase, etc.) 4. Advance Methods of Communication a. External: Develop communication strategy and methods in support of city goals. The Design and Communications Division is developing Logo and Design Standards to be used for citywide communications. The standards will provide guidelines to ensure consistency for the written and visual communication the city produces. b. Internal: Support staff efforts to change the organizational culture to create a proactive environment of exceptional people and service, promoting the values of "respect and care," "get it done," and do the "right thing" (Strategic Clarity) The Citywide Values Team, comprised of staff representatives from all city departments, began meeting regularly to support and keep the newly adopted city values integrated into all aspects of city service and department operations. The team also created an internal web page that fosters and communicates the city values to all staff, including the department recognition programs, which highlight staff that are displaying the values daily in their service delivery. 5. Support 2010 Washington County Cooperative Library Services (WCCLS) and Washington County Public Safety Levies The Washington County Board of Commissioners approved the placement of the following levies for the November 2, 2010 ballot: Washington County Ballot Measure 34 -179 Caption: Renewal o f Local Option Ley for Counowide Public Safety uestion: Shall Washington County maintain public safety services by levying 42¢per x''1,000 assessed value for five years beginning 2011 -2012? This measure renews current local option taxes. Washington County Ballot Measure 34 -180 Caption: Renewal of Local Option Levy to Support Countywide Library Services uestio Shall Washington County support libraiy services countywide by levying 17¢ per $1,000 assessed value for five years, beginning 2011 -2012? Council Goa/ Update 2 r• City of Tigard, Oregon s r Affidavit of Posting T I GARD In the Matter of the Proposed Ordinance(s) / 0 STATE OF OREGON ) County of Washington ) ss. City of Tigard (� • / ) I, � C f l .m e , 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) L� [/ / ? , which were adopted at the City Council meeting of / / � 9/d/7 , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the j s /— day of ,Ooed,ZE - G - �i► , 20 / 0 • 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 Sign e of Person who Performed Posting nd Subscribed and sworn (or affirmed) before me this / day of ,20I . ,•••:‘,.. OFFICIAL SEAL r � ATM D IEA Signature of Notary Public for • regon �,; NOTARY PUgU 1 1 # COM MISSION NO. 4I9237 MY ISSION EXPIRES AUG. 04, 2011 Kadm'cathyYonns\posl ordinance 2006.doc CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 10- P7 AN ORDINANCE CREATING TIGARD MUNICIPAL CODE SECTION 2.07, CODE OF CONDUCT FOR APPOINTED OFFICIALS SERVING ON CITY BOARDS, COMMITTEES AND COMMISSIONS, AND AMENDING CHAPTER 2.08, PLANNING COMMISSION, BY DELETING SECTION 2.08.030, COMMISSION REMOVAL. WHEREAS, the residents and businesses of the City of Tigard are entitled to have fair, ethical and accountable local government; and WHEREAS, the Tigard City Council desires a high standard of integrity and ethical conduct for appointed members of the City's boards, committees and commissions which will support the public's confidence in their local government's fair and effective operation; and WHEREAS, the Tigard City Council wishes to create a Code of Conduct for appointed members of the City's boards, committees and commissions and define the removal process of those members for misconduct, nonperformance of duty, or failure to comply with the law or meet the Code of Conduct expectations; and WHEREAS, the Tigard Municipal Code currently contains a removal process for Planning Commission members but does not define or provide for a Code of Conduct. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: A new chapter 2.07 entitled CODE OF CONDUCT FOR APPOINTED OFFICIALS OF .BOARDS, COMMIT TT EES AND COMMISSIONS is hereby added to the Tigard Municipal Code as shown in the attached Exhibit A. SECTION 2: Tigard Municipal Code Chapter 2.08 entitled Planning Commission is hereby amended by repealing Section 2.08.030, Commission Removal, in its entirety as shown in the attached Exhibit A. 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. PASSED: By lit n CIni nn vote of all ouncil members present after being read by number and title only, this day o , 2010. Catherine Wheatley, City Recorder 4 APPROVED: By Tigard City Council this ____T of , 2e I'. Z Il ORDINANCE No. 10- f Craig Dirksen, Mayor Page 1 Approved as to form: /I J . t�_. City Forney I d a0J.0 Date ORDINANCE No. 10- Page 2 Exhibit "A" Added text is double underlined. Deleted text in strikethrough. Tigard Municipal Code Amendments Chapter 2.07 CODE OF CONDUCT FOR APPOINTED OFFICIALS OF BOARD COMMITTEES AND COMMISSIONS 2.07.010 Purpose. 2.07.020 Code of Conduct. 2.07.030 Removal Process. 2.07.010 Purpose. •...s m•m. - ,...in - • .i _ - • : _s • - r • • - a - , • _ . • - i . - • .. - . _:- s_ .• :• Olt •.- I •ft - fe. -r,1 - se • . .• - . - 1 .. : •-. • • ere public's confidence in their local government's fair and effective operation. Thi ..,. - ,•.h- • ,11 es _q •u .• _ • ,n• •rnrni is - ,. _ .-. • •f i•,rq. 2.07.020 Code of Conduct. _ e irrq it •.. • ..,lldefin- - • - • •.q. _ • -• •f: ..• ' -. •.... - ..-... . e s.- of conduct shall be passed by Council resolution. •... • •e- • • •. .<_ us . • id r ..., • • ., ._eYal li ofanyCrty committee decision. 2.07.030 Removal Process, is emmi -- .-...- is .- - m• - q . ...•..._.• , _ 11011 sr •nd n•n.-rf•rm.n - of • e • • • - - 1 •f _ f • . _ - ,.q _• ,_ •• er -n . E,rl r- • _. B • • • . questioned conduct is encouraged. Progressive counsel may occur with the committee .. - • n• - • --- • • • .•• . .... •s. • e- • the a•e•in. . oriry. Chapter 2.08 PLANNING COMMISSION ORDINANCE No. 10- Page 3