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City Council Packet - 11/16/2010 City of Tigard I Tigard Workshop Meeting - Agenda TIGARD TIGARD CITY COUNCIL Revised 11/16/2010 - Item 2 - Annual Joint Meeting with the Tree Board postponed MEETING DATE AND November 16, 2010 - 6:30 p.m. TIME: MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 PUBLIC NOTICE: Times noted are estimated. 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). VIEW LIVE VIDEO STREAMING ONLINE: http:// www.tvctv.org(government- progra mming /government- meetings /tiga rd Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings - Channel 30 • Every Sunday at 11 a.m. • Every Monday at 6 a.m. • Every Tuesday* at 2 pm ( *Workshop meetings are not aired live. Tuesday broadcasts are a replay of the most recent workshop meeting.) • Every Thursday at 12 p.m. • Every Friday at 3 a.m. ' SEE ATTACHED AGENDA ilh City of Tigard Tigard Workshop Meeting - Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: November 16, 2010 - 6:30 p.m. MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 1. WORKSHOP MEETING A. Call to Order- City Council B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. e _ :e.': - Postponed - Meeting date to be announced. 3. UPDATE ON TUALATIN VALLEY CABLE TELEVISION (TVCTV) 6:35 p.m. (Time is estimated) 4. DISCUSS CHANGES TO LAND USE DECISION MAKING PROCESS TO BE IMPLEMENTED JANUARY 1, 2011 6:50 p.m. (Time is estimated) 5. DISCUSS WITH OREGON DEPARTMENT OF TRANSPORTATION REGION 1 DIRECTOR JASON TELL UPCOMING AND ONGOING PLANNING AND CONSTRUCTION OF ODOT /TIGARD PROJECTS 7:30 p.m. (Time is estimated) 6. COUNCIL LIAISON REPORTS 7. NON AGENDA ITEMS 8. 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. 9. ADJOURNMENT 8:15 p.m. (Time is estimated) AIS -158 Y/ern v Item #: 2. Workshop Meeting 41,e - a 7 / •c2 �0 Date: 11/16/2010 Length (in minutes): 60 Minutes Agenda Title: Annual Joint Meeting Between the Tree Board and City Council Prepared By: Todd Prager Community Development Item Type: Joint Meeting -Board or Other Juris. Meeting Type: Council Workshop Mtg. ISSUE The purpose of the joint meeting will be to update Council on the status of the Tree Board's 2010 work program and seek Council approval of the Tree Board's draft 2011 work program. The meeting will also allow both bodies an opportunity to ask questions and provide information to one another. STAFF RECOMMENDATION / ACTION REQUEST Discuss and provide direction on the Tree Board's work program. KEY FACTS AND INFORMATION SUMMARY The Tree Board would like to review progress on their 2010 goals and propose 2011 goals for Council's consideration during their joint meeting on November 16, 2010. The Tree Board's two main purposes are to develop and administer a comprehensive tree management program for trees on public property (Resolution 01 -02); and, in the interim, to develop a comprehensive citywide tree stewardship and urban forest enhancement program (Resolution 07 -30). The following is a status update of the Tree Board's goals for 2010: 1. Advise Staff on Comprehensive Tree Code Revisions and a Tree Grove Protection Program; The Tree Board has provided three of its five members as representatives for the Urban Forestry Code Revisions Citizen Advisory Committee to advise staff. In addition, the Tree Board has been receiving project updates and discussing the Urban Forestry Code Revisions at their regular meetings. 2. Provide Oversight on the Implementation of the Urban Forestry Master Plan; All of the 2010 implementation items in the Urban Forestry Master Plan are specific to Urban Forestry Code Revisions. The Tree Board has been participating in and providing oversight for the Urban Forestry Master Plan through the Urban Forestry Code Revisions project. 3. Establish a Budget for Urban Forestry Education and Outreach Materials; The Tree Board proposed an education and outreach budget of $1,500 and was granted a budget of $750. 4. Develop an Urban Forestry Outreach Plan; and The Tree Board developed an initial outreach plan to send "Welcome to Tigard" postcards to all new property owners on a quarterly basis using their education and outreach budget. The purpose of the postcards is to introduce new property owners to the City's urban forestry program, including the free street tree program and regulations. Staff began mailing the postcards in July. The Tree Board has worked with City staff and administration in developing a series called "Branching Out: A Message from Your Tree Board" in the Cityscape newsletter. This allows the Tree Board to communicate their work and outreach information to the community. The Committee for Citizen Involvement developed and approved the Public Involvement Plan for the Urban Forestry Code Revisions project. The Tree Board has been participating in implementation of the plan through their involvement with the Urban Forestry Code Revisions Citizen Advisory Committee. The Tree Board has also considered funding portions of the Public Involvement Plan with their annual budget, although no commitments have yet been made. 5. Develop Official Tree Board Bylaws to be Adopted by Council. The Tree Board developed bylaws which were adopted by Council in March through Resolution 10 -13. The bylaws detail the purpose, membership, and protocols of the Tree Board. While the Tree Board has not yet officially set goals for 2011, the following goals are proposed for Council's consideration for 2011: 1. Continue to Provide Oversight on the Implementation of the Urban Forestry Master Plan. The Urban Forestry Master Plan implementation items for 2011 include completing the Urban Forestry Code Revisions project, developing a tree and urban, forest inventory database, and developing a funding proposal for a sustainable and ongoing tree and urban forest enhancement program. 2. Work with City Staff and Council to Develop a Funding Proposal for a Sustainable Tree and Urban Forest Enhancement Program. Implementation item 1.2.b of the Urban Forestry Master Plan recommends the City "Investigate funding mechanisms to help support an ongoing tree and urban forest enhancement program." The Tree Board would like to begin working with staff on this item and present a funding proposal to Council in September or October 2011 in preparation for the 2012 -2013 budget. The Tree Board has developed a set of draft "Guiding Principles for Funding Tigard's Urban Forestry Program" (attached) that they would like to discuss with Council prior to developing a detailed funding proposal. 3. Work with City Staff and Council to Develop a New Charge Statement for the Tree Board following Adoption of the Urban Forestry Code Revisions. Resolution 07 -30 is an interim charge for the Tree Board to develop a tree protection and urban forest enhancement program. This has involved developing urban forestry goals and policies in the Comprehensive Plan and corresponding regulations for the Tigard Municipal and Development Code. Following the adoption of regulations, Resolution 07 -30 states that the Tree Board shall reevaluate their charge to address public issues associated with the urban forest and other natural resources as seen fit by Council. The adoption of urban forestry regulations is scheduled for October 2011, and the Tree Board would like to begin the process of reevaluating their charge in anticipation. OTHER ALTERNATIVES None COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Goal 1.b - Update Tree Code Urban Forestry Master Plan DATES OF PREVIOUS COUNCIL CONSIDERATION 11/17/2009 - Joint Meeting Between the Tree Board and Council Fiscal Impact Fiscal Information: NA 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. AIS -165 Item #: 3. Workshop Meeting Date: 11/16/2010 Length (in minutes): 45 Minutes Agenda Title: Discussion with Oregon Department of Transportation Region 1 Manager Jason Tell to Develop Principles of Cooperation and Collaboration Prepared By: Susan Hartnett Community Development Item Type: Joint Meeting -Board or Other Juris. Meeting Type: Council Workshop Mtg. ISSUE Jason Tell, Oregon Department of Transportation (ODOT) Region 1 Manager, will meet with the Council to discuss topics of mutual interest, including development of principles of cooperation and collaboration. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Council review the attached principals and participate in the discussion with Mr. Tell. KEY FACTS AND INFORMATION SUMMARY • This is the Council's bi- annual meeting with ODOT Region 1 Manager Jason Tell. This meeting furthers ongoing efforts to establish regular and open discussions with ODOT officials on topics of mutual interest. • In prior discussions, the Council has indicated a desire to shift focus from specific projects and issues to establishing underlying principles of cooperation and collaboration. • The purpose of establishing principles is to create a foundation for ongoing dialogue and to strengthen the partnership between ODOT and the City. • This is the first of what is expected to be several discussions to develop these mutually agreed upon principles. • At its October 26 meeting, the Council provided input on draft principles and implementation actions. These draft principles were then shared with Mr. Tell who was asked to identify additional principles, suggest modifications, or share other factors which will further the relationship and collaboration among the two jurisdictions. OTHER ALTERNATIVES Council could choose to take the discussion another direction. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS 2010 Tigard City Council Goal No. 4.a.: "Advance Methods of Communication - External: Develop communication strategy and methods in support of City goals." A positive working relationship with with ODOT is essential to implementing many of Tigard's plans, goals, and policies. DATES OF PREVIOUS COUNCIL CONSIDERATION At its October 26 meeting, the Council discussed the upcoming November 16 meeting and provided input on draft principles and implementation actions. '------- - ------' ---- ----- ----------'-' -- ----� Attachments Principles for Discussion Attachment 1 Suggested Principles for Discussion with Jason Tell, ODOT Region 1 Manager Principle 1: Implementing Items: Recognize Pacific Highway's function as a • access management and intersection principal arterial, but ensure the improvements community's needs are met for: • exceptions, when needed, to ODOT • business and employment specifications and design standards opportunities • local street connectivity, including frontage and • access to alternative transportation backage roads modes • pedestrian, bike, and transit improvements • improved appearance, environmental • construction /installation of landscaped medians quality and livability and allowed u- turns; tree planting and other landscaping; water quality facilities; bus queuing lanes; improved bus stops and park -and -rides Principle 2: Implementing Items: Develop High Capacity Transit (HCT) as • close and supportive coordination in planning a major travel mode within the Pacific for and implementing HCT within the Pacific Highway 99W Corridor. Hwy 99W Corridor Principle 3: Implementing Actions: Acquire funding from multiple sources to • Identify and acquire funding from local, invest in state and local transportation regional, state, and national sources to invest in facilities within Tigard. state and local transportation facilities within and adjacent to Tigard. Principle 4: Implementing Items: Invest in capital improvements and traffic • street connectivity improvements management measures for state and local • access management program roads and streets to reduce congestion, • signal modernization improve safety and capacity for both • traffic information systems systems. • pedestrian, bike and transit improvements • agreement (with funding) for Tigard to assume jurisdiction of Hall Boulevard Principle 5: Implementing Actions: Develop a transportation efficient and • Adopt HCT supportive land use designations economically viable urban land use pattern for the Pacific Highway Corridor. within the Pacific Hwy 99W Corridor by • Amend the Transportation Planning Rule (I'PR) integrating land use and transportation and Oregon highway Plan (OHP) to make planning and capital investments. possible higher value urban development in the corridor. • Coordinate and prioritize infrastructure investments in the Pacific Hwy Corridor. • Reconcile ODOT's facility management needs with Tigard's land use aspirations. I: \CDADM \RON \City Council Material \Discussion with Jason Tell_11.16.10 AIS Attachment 1.docx AIS -262 Item #: 4. Workshop Meeting Date: 11/16/2010 Length (in minutes): 15 Minutes Agenda Title: Update on Tualatin Valley Cable Television (TVCTV) Public Access Prepared By: Louis Sears Financial and Information Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. ISSUE Update on the Metropolitan Area Communications Commission (MACC) meetings concerning the service level of TVCTV and the move of MACC and TVCTV to a new combined facility. STAFF RECOMMENDATION / ACTION REQUEST This meeting is to update Council on the status of the MACC and TVCTV funding. No action is requested. KEY FACTS AND INFORMATION SUMMARY Councilor Henderson, as the City's MACC commissioner, presented at the MACC meeting the City's position and voted on the different options. Options #2 & #3 (attached) were the final two options considered by MACC. Option #3 was approved by the MACC commissioners. Option #3 addresses the public concern that there would be no facility use or equipment checkout that would have occured under Option #2. The need to look at services occured largely due to Beaverton School District not renewing the rent free lease for TVCTV. MACC and TVCTV will be consolidating offices in a new building. With the need to pay rent for TVCTV office space, MACC commissioners needed to determine what services would be provided by TVCTV and the amount of funding to provide for TVCTV services. OTHER ALTERNATIVES Five options were presented to the MACC commissioners with Options #2 and #3 being the final options (see attached), with MACC commissioners approving option #3. Option #2 was the original MACC finance committee proposal which was not approved by the commissioners and option #3 was approved by the MACC commissioners. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION None Fiscal Impact additional /revised findings if needed. After the presentation, staff will respond to questions from the Council. Public testimony will be taken and should be limited to the proposed amendments, after which the Mayor will close the public hearing. o The Council should deliberate first on the amendments and vote on them (either separately or as a group depending on the Council's preference). The Council may consult staff during their deliberations but may not invite any member of the public to participate unless the public hearing is reopened and all who wish to comment are heard. o Before deliberating and voting on the (now amended) Recommended Plan and implementing Ordinance /Resolution, the Council should check with the City Attorney and staff to see if additional /revised findings are needed to support the amendments or final action. If so, the Council action should be continued, again to a date certain, when the final revised findings and Ordinance /Resolution can be presented for a vote. • Final steps to complete City Council Adoption: o Staff modifies the Recommended Plan to reflect the City Council's decisions and renames the document City Council Adopted Plan and adds an appendix that incorporates the final Ordinance /Resolution. o Staff prepares and files formal notices as required by local and state regulations. Summary of Major Changes 1. Prior to the public hearings, the decision making body's focus (i.e. presentations by staff and discussions among the members) should be geared toward creating a factual understanding of the proposal /recommendation and should steer away from presenting desired changes or amendments. 2. Members of the decision making body should present proposed changes or express concerns during the public hearing process. If additional discussion among the decision making body is desired after the public testimony is received and before giving staff specific direction, work sessions can be scheduled. 3. Additional public testimony should be allowed when the decision making body indicates a desire to amend the proposal /recommendation. The testimony can be limited to the amendments. 4. Final decision making may need to be set over to another meeting if proposed amendments or issues raised should be addressed formally or require modification to the findings. A preliminary decision can be indicated but the final action should not occur until the findings and ordinance have been modified to adequately support the decision. l:ALRPL \ Susan \1,U Decision Process Chagnes \ Process Changes_detailed I1.4.10.doc Fiscal Information: The current TVCTV subsidy beyond the IGA guarantee of $560,000 /year is $249,000 in FY 2011. Most of the subsidy for TVCTV has been paid through: 1. In 2005 money was set aside to support TVCTV through 2014, this funding will be exhausted prior to 2014 2. Verizon has paid $53,000 a year as part of the Frontier Cable Franchise agreement transfer, the last payment is December 2010. To continue with the current TVCTV service level the subsidy for TVCTV after the move to a new building the subsidy would rise to $424,000 for all MACC agencies in FY 2012 and Tigard's portion of the subsidy would have been $32,500. Under Option 2 the additional subsidy for TVCTV would have been $114,000 /year with Tigard's portion being $10,800. Under the adopted Option 3, the additional subsidy for TVCTV is $182,000 /year with Tigard's portion being $17,300. TVCTV Subsidy Options 2011 12012 Tigard's Portion I1GA -TVCTV Base I $560,000 J $560,000 J 1 E7-subsidy - No Change $249,000 * I $424,000 * I $32,500 l Option 2 Subsidy 1 $114,000 1 $10,800 Option 3 Subsidy I f 000 11$17,300 Attachments TVCTV Proposal #2 TVCTV Proposal #3 t u ' ,d . OPTION #2 — SEPTEMBER 9 FINANCE COMMITTEE PROPOSAL. Government Programming Continues at current level. Other Services: Playback of Sponsored Public Access Programming, Additional Community Programming. Public Access Services are reduced to the levels proposed by the Finance Committee • no training classes after March 2011 • no facility use (studios, edit suites, etc.) after June 30, 2011 • no equipment checkout after June 30, 2011 • sponsored programming would continue to be played • Community Voice mini- studio will be available weekdays • TVCTV staff reductions would begin on or prior to June 30, 2011 • FT Community Programming Coordinator and .75 FTE Producer would be hired to coordinate and produce community programming, coordinate sponsored programming and manage Community Voice use Space Includes: Same as in Option #1 FY12 PEG Personnel Cost: $ 573,795 above, plus add space for: Community FY 12 Lease (PEG only): 69,216 Voice Studio, additional staff FY12 M&S: • 81,211 office /edit spaces and more public space. Total Staff/Lease Cost: $ 724,222 Staff Changes: Add one full time FTE: 8.5 Community Programming Coordinator $ 425,000 min. and one three- quarter time Producer. Renovations: MACC/TVCTV Space Req.: 8,300 sq. ft. • see Chart 1 for space needs comparison • see Charts 2 & 3 for staff comparison • see Charts 4, 5 & 6 for cost /revenue comparison DRAFT October 13, 2010 Page 54 OPTION #3 - SEPTEMBER 9 I+INANCE COMMITTEE PROPOSAL, PLUS: Add Evening Public Hours and Equipment Checkout • TVCTV will be open to the public from 4 -10PM Tuesday — Friday. Currently TVCTV is open to the public 2 -10PM Tuesday- Friday and Saturdays l0am -6pm • During public hours, portable field production equipment (cameras, lights, etc.) will be available for checkout as it is today. Three (3) portable "edit -to- go" systems will also be available for checkout to enable home editing of programs. • Some limited training would be available periodically for new and current public volunteers for fees similar to those charged today. • Community Voice would revert back to Live -Link Studio with live cablecast and call -in programs possible during public hours. Space Includes: Same space FY12 PEG Personnel Cost: $ 621,132 requirements as Option #2 above. FY 12 Lease (PEG only): 69,216 FY12 M &S: 100,319 Staff Changes: Add two three - quarter time Production Assistants. Delete the Total Staff/Lease Cost: $ 790,667 full time MCR Tech and add 2 three - quarter time MCR Techs. 1,�I �; 10.5 Renovations: $ 425,000 (min.) MACC / TVCTV Space Req.: 8,300 sq. ft. • see Chart 1 for space needs comparison • see Charts 2 & 3 for staff comparison • see Charts 4, 5 & 6 for cost/revenue comparison DRAFT October 13, 2010 Page 55 AIS -164 Item #: 5. Workshop Meeting Date: 11/16/2010 Length (in minutes): 30 Minutes Agenda Title: Discuss Changes to Land Use Decision Making Process to be Implemented January 1, 2011 Prepared By: Susan Hartnett Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. ISSUE Receive information from staff and City Attorney about changes to land use decision making processes that are intended to improve effectiveness of community input and quality of conclusions and findings of fact. Implementation of the changes is proposed to take place January 1, 2011. STAFF RECOMMENDATION / ACTION REQUEST Receive information and provide feedback. KEY FACTS AND INFORMATION SUMMARY The City's formal procedures for land use decisions are described in Title 18, Chapter 300 - Land Use Decisions. These regulations provide details on the steps and tasks associated with land use decisions necessary to meet the minimum land use decision making requirements under Oregon law. However, the code provisions do not provide all the details needed to assure that the City follows best practices, particularly when land use matters are heard before the Planning Commission or City Council. Staff and the City Attorney are proposing modifications to the current land use hearing practices to improve the consideration of public input during the hearings, enhance the quality of findings, and assure the greatest chance that City decisions will be sustained in the event of an appeal to Land Use Board of Appeals (LUBA). These changes will be made in conjunction with training for staff and review with the Planning Commission. They will be followed by the next Regulatory Improvement Initiative package of Development Code amendments, which will propose improvements to the land use decision making regulations (18.300 through 18.390). The proposed changes are primarily directed toward legislative reviews, but will also affect quasi - judicial reviews in some circumstances. The Goals and Objectives for this effort are as follows: Goals: 1. Modify the procedures and processes followed by City staff, Planning Commission and City Council in land use decisions to improve opportunities for public input, enhance the quality of findings, and assure the greatest chance of sustained decisions in the event of an appeal to LUBA. 2. Assure that procedures and processes are clear to all participants through training, written materials, and amendments to the Development Code. 3. Clarify land use review requirements and approval criteria as needed. Objectives and time line: 1. Review and confirm general process changes for legislative land use decisions with City Council (Nov 2010). 2. Review changes with the Planning Commission (Dec 2010). 3. Train staff on process changes and the development of findings and conditions of approval (Nov 2010). 4. Propose changes to the Development Code land use procedures, specific land use reviews, and approval criteria (Feb 2011 — June 2011). 5. Train staff on changes to land use procedures, specific land use reviews, and approval criteria (June — July 2011). Attachment 1 provides an overview of a typical legislative process; Attachment 2 provides details of the process changes. OTHER ALTERNATIVES Do not make changes to the processes, or make some but not all of the proposed changes. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Council Goal 1. Implement the Comprehensive Plan (i.e. "1.1 Provide citizens, affected agencies, and other jurisdictions with the opportunity to participate in all phases of the planning process" and "2.1 Maintain an up to date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program "). DATES OF PREVIOUS COUNCIL CONSIDERATION None. Fiscal Impact Fiscal Information: NA Attachments Attachment 1 Process Overview Attachment 2_Process Details AgendaQuick©2005 - 2010 Destiny Software Inc., All Rights Reserved LAND USE DECISION- MAKING PROCESS I Attachment 1 :ire of Tigard 1 Community Development Department 1 November 201 Technical Advisory Committee IMP Ai existing policies & \ Q ° se\ .. " '. ,\ aa ea ! ,\ tea background documents \ COQ \ �� �` °O� Q e�a `. aaOQ A. ; \ \ • .\ • \� Planning Comm!ss!or \_ _ City Council Archive project records proposed plan to Citizen Advisory Committee Plan Commission l" ' • +________,,, ti ..,. recommended plan + adopted plan + recommended findings & ordinance adopted findings & ordinance to City Council Public Workshop PROPOSAL RECOMMENDATION DECISION POST - ADOPTION Proposal Stage — Recommendation Stage — Decision Stage — Post - Adoption Stage — Major Activities and Key Products: Major Activities and Key Products: Major Activities and Key Products: Major Activities and Key Products: > Analysis of existing conditions, applicable policies, > Formal notice as required by state and local regulations > Formal notice as required by state and local regulations > Formal notice as required by state and local regulations regulations, approval criteria and other planning factors > Pre - hearing briefing with Planning Commission > Preparation of recommended plan, findings and ordinance > Appeal period; appeal process if trigger > Community and technical input as appropriate to the project scope and range of interests affected > Planning Commission hearing with public testimony; > Pre - hearing briefing with City Council > Preparation of adopted plan document identify requested /desired amendments > Consultation with other government agencies as needed > City Council hearing with public testimony; identify > Implementation /publication of code amendments, > Planning Commission consideration of requested /desired requested /desired amendments Comprehensive Plan changes, mapping changes, etc. > Development of alternatives, and selection of preferred amendments, including public testimony alternative, when applicable > City Council consideration of requested /desired > Archive project records > Planning Commission decision on amendments followed amendments, including public testimony > Development and publication of proposed plan by decision on proposed plan > City Council decision on amendments and proposed plan > Development of draft findings and ordinance > Amend findings and ordinance. if needed or continue hearing to amend findings and ordinance to support decision, if needed > Planning Commission's transmittal memo to City Council > City Council final vote on plan, findings and ordinance Attachment 2 Modifications to Land Use Decision Making Processes, Procedures, and Approval Criteria November 2010 Goals: 1. Modify the procedures and processes followed by City staff, Planning Commission and City Council in land use decisions to improve opportunities for public input, enhance the quality of findings, and assure the greatest chance of sustained decisions in the event of an appeal to LUBA. 2. Assure that procedures and processes are clear to all participants through training, written materials, and amendments to the Development Code. 3. Clarify land use review requirements and approval criteria as needed. Objectives: 1. Review and confirm general process changes for legislative land use decisions with City Council (Nov 2010). 2. Review changes with Planning Commission (Dec 2010). 3. Train staff on process and development of findings and conditions of approval (Nov 2010). 4. Propose changes to the Development Code land use procedures, specific land use reviews, and approval criteria (Feb 2011 — June 2011). 5. Train staff on changes to land use procedures, specific land use reviews, and approval criteria (June — July 2011). Legislative Land Use Decision Making Process This section provides a detailed outline of the proposed legislative land use decision making process. The final section of this document is a summary of the major changes from the current practices. 1. Clarify the four stages (Proposal, Recommendation, Decision, and Post - Adoption) of the process; provide a general overview and details of the steps /tasks involved in each stage (see Attachment 1 - Land Use Decision Making Process). 2. Changes /clarifications to Planning Commission process: • Planning Commission will no longer hold workshop sessions prior to public hearings. • Planning Commission will receive a staff briefing 2 — 4 weeks prior to the first public hearing. The purpose of this briefing is to familiarize the Commission with the Proposed Plan, the process used to develop it, the issues raised during its development, and the primary factors leading to the specifics of the proposal. Staff will also answer clarifying questions posed by the Commissioners. During the briefing, the Commissioners can express their areas of concern but should refrain from proposing specific amendments or modifications, as has been the past practice during workshop sessions. Amendments the Commissioners wish to propose will be offered and considered during the public hearing process. • At the public hearing, staff presents an overview of the Proposed Plan and Commissioners will ask any new clarifying questions they may have. At the conclusion of public testimony, the Commissioners will propose any specific amendments they wish to add and raise any issues they do not feel have been adequately addressed. At this point, staff will be consulted to determine if the Commission should proceed with deliberations or if staff feels a second hearing should be scheduled. The staff's recommendation will be based primarily on the number and complexity of the proposed amendments or objections and the need to do additional research, to provide written responses, and /or to develop additional findings. • Option 1 — Proceed to deliberation and decision: o If the number and complexity of amendments or objections is limited, and staff and Commissioners feel they can be managed during the same hearing, the Commission should take a short break to allow staff to assemble all the items onto easel paper. When the meeting begins again, staff should be given a chance to comment on the requested amendments and objections, particularly to bring to the Commission's attention any concerns about potential conflicts with applicable policies, regulations, and approval criteria. The Commission should also allow any member of the public who wishes to respond to the proposed amendments to do so. At that point, the President closes the public hearing. o The Commission should deliberate first on the amendments and vote on them (either separately, or as a group, depending on the Commission's preference) before deliberating and voting on the now amended Proposed Plan. The Commission may consult staff during their deliberations but may not invite any member of the public to participate unless the public hearing is reopened and all who wish to comment are heard. • Option 2 — Continued Hearing: o If the number and complexity of amendments or objections are significant, the hearing should be continued to a date certain, which will be selected in consultation with the staff and Commission Secretary. The Commission President will announce the date and clarify that testimony will be taken at that hearing only on the amendments. The date when the supplemental staff report will be available should also be announced. o At the next hearing, staff will present a supplemental staff report or amendments document with information and staff recommendation for each item and additional /revised findings if needed. After the presentation, staff will respond to questions from the Commission. Public testimony will be taken on the proposed amendments only, after which the President will close the public hearing. o The Commission should deliberate first on the amendments and vote on them (either separately or as a group depending on the Commission's preference) before deliberating and voting on the (now amended) Proposed Plan. The Commission may consult staff during their deliberations but may not invite any member of the public to participate unless the public hearing is reopened and all who wish to comment are heard. • Final steps to complete Planning Commission Recommendation: o Staff modifies the Proposed Plan to reflect the Planning Commission's decisions and renames the document Planning Commission Recommended Plan. o Staff makes revisions to the findings to reflect the Planning Commission's process and decisions. o Staff prepares a memo transmitting to the City Council the Planning Commission's recommendation on the plan. If the matter was controversial, the President may wish to confer with the Commission before signing the memo. 3. Specific changes to City Council Process: • City Council will no longer hold workshop sessions prior to public hearings. • City Council will receive a staff briefing 2 — 4 weeks prior to the first public hearing. The purpose of this briefing is to familiarize the Council with the Planning Commission Recommended Plan, the process used to develop it, the issues raised during its development, and the primary factors leading to the specifics of the proposal. Staff will also answer clarifying questions posed by the Council members. During the briefing the Council members can express their areas of concern but should refrain from proposing specific amendments or modifications, as has been the past practice during workshop sessions. Staff should not respond to any concerns or issues raised by Council at the briefing. Amendments the Council members wish to propose will be offered and considered during the public hearing process. • At the public hearing, staff presents an overview of the Recommended Plan and Council members will ask any new clarifying questions they may have and proceed to take public testimony following the current protocol. At the conclusion of public testimony, the Council members will propose any specific amendments they wish to add and raise any issues they do not feel have been adequately addressed. At this point staff and the City Attorney will be consulted to determine if the Council should proceed with deliberations or if a second hearing should be scheduled. The decision should be based primarily on the number and complexity of the proposed amendments or objections and the need to do additional research, to provide written responses, and /or to develop additional findings. • Option 1 — Proceed to deliberation and decision: o If the number and complexity of amendments or objections is limited and can be managed during the same hearing, the Council should take a short break, or move to another item, so the staff can assemble all the amendments /issues onto easel paper. When the item is taken up again, staff and the City Attorney should be given a chance to comment on the requested amendments and objections, particularly to bring to the Council's attention any concerns about potential conflicts with applicable policies, regulations, and approval criteria. The Council should also allow any member of the public who wishes to respond to the proposed amendments to do so. At that point, the public hearing is closed. o The Council should deliberate first on the amendments and vote on them (either separately or as a group depending on the Council's preference) before deliberating and voting on the (now amended) Recommended Plan. The Council may consult staff and the City Attorney during their deliberations but may not invite any member of the public to participate in their deliberations unless the public hearing is reopened and all who wish to comment are heard. • Option 2 — Continued I earing: o If the number and complexity of amendments or objections are significant, the hearing should be continued to a date certain, which will be selected in consultation with the staff and City Recorder. The date will be announced and if the Council wishes to restrict testimony at the next hearing to the amendments, that too should be announced. The date when the supplemental staff report will be available should also be announced. o At the next hearing, staff will present a supplemental staff report or amendments document with information and staff recommendation for each item and ryl 7 /Uv n-A . n RI City of Tigard /1 rp V .. 16 0 .o 10 • TIGARD Memorandum To: Honorable Mayor and City Council From: Elizabeth Newton, Assistant City Manager Re: City Attorney Services RFP Date: November 16, 2010 Tigard Municipal Code Section 2.60.010 states that the City Attorney is appointed by the City Council. At the October 19, 2010 Workshop meeting, Council agreed to issue an RFP for City Attorney services, breaking out the more specialized legal service areas of Real Estate, Franchise, Public Prosecutor and Labor /Employment Relations, as a separate section of the RFP or as a totally separate RFP. Staff will prepare and issue two RFPs, one for City Attorney services and one for Specialized Legal services. The review and selection process for both RFPs will run concurrently. Staff offers the following timeline for the City Attorney selection process: • November 16: Council review and finalize schedule • November 23: Council comments on draft City Attorney RFP due to staff • December 13: RFP for City Attorney services issued • January 11: Responses to City Attorney services due • January 18: Council selects firms to interview for City Attorney services • Week of January 31: Attorney Interviews Since Specialized Legal services will report to the City Manager, the interview and selection process will be managed by the City Manager's office. The schedule for the Specialized Legal services will be very similar to the City Attorney RFP schedule. Since the contract(s) for Specialized Legal services will be managed by the City Manager, staff will need to know the Council's level of interest in participating in the interviews and selection process. The options are: 1. Council conducts the interviews for the Specialized Legal services, 2. Representatives from City Council participate with staff in the interviews for Specialized Legal services, 3. Leave the interviews and selection of the Specialized Legal services to staff. A draft of the City Attorney services RFP is attached to this memo. The Scope of Services starts on page seven. Please return your comments on the draft RFP to me by November 23, 2010. l:A ADM \LIZ \ Memos \city attny RIP to Council 101116.doc Version Date: t Id s� gy=p CITY OF TIGARI) • IG ct LIB REQUEST .FO PROPO'SAI.S y "' City Attorney Services DATE DUE: January 11 2011 TIME DUE: 2:00 PM Envelopes must be sealed and marked with Project Title. Proposers must submit one (1) original and 5 complete copies of their proposal. t „" .. "Tti� d C "S4..v�r• ;., .: -.. R5.9' .4i5.Vk1'.� V5F 'c` .1 �` `� PR0 GT iMt NAGER { 'ry *? ql� arl k RP* -01 STIONS ' � i t 'nf4. 4 0 ,V1 1 (= k,. t. W �k {.. � �?�l _y _:i;v. , � .. �:n 3$' l+r .� ,e.�`ctaxnk..�. s...tb,.. - w .�.. t � ., �`a� �, ....:1 Craig Prosser Joseph Barrett City of Tigard, City Manager City of Tigard, Buyer Phone: 503 -718 2486 Phone: 503 -718 2477 Fax: (503) 503 684 7297 Fax: (503) 503 684 -7297 Email: craig@tigard- or.gov Email: joseph @tigard - or.gov SUBMIT PROPOSAL TO: Joseph Barrett, Buyer City of Tigard — Information Counter 13125 SW Hall Blvd. Tigard, Oregon 97223 RFP — (insert title) Page 1 Close — (insert day of week, date, and time) PUBLIC NOTICE REQUEST FOR PROPOSALS := City Attorney Services The City of Tigard will receive sealed proposals from firms qualified to perform services related to City Attorney services until 2:00 PM local time, Tuesday, January 11th, at Tigard City Hall's Information Desk at 13125 SW Hall Blvd., Tigard, Oregon 97223. Firms are invited to submit a proposal outlining their experience and qualifications in performing work directly related to the services required as detailed in the Request for Proposal packet. While the City is requesting proposals for city attorney services, this action should not be seen as a negative reflection on the services currently being provided. The City's purchasing rules require the request for proposal (RFP) process at least once every five years. No proposal will be considered unless fully completed in a manner provided in the RFP packet. Facsimile and electronic (email) proposals will not be accepted nor will any proposal be accepted after the stated due date and time. Any roposal received after the closing time will be returned to the submitting firm unopened after a contract s =` i ywarded for enquired services. A v RFP pac „ets may b e , ,0bwnloao! I from .n o3 www. d or • ov or obtained in person at T d City Hall's Informs o e n Desk located at 1 , . 5 SW, Blvd., Tigard, Oregon 97223. A Propo e. ; are require ® ce . a, on „+ ruination in empl practices, and identify re ident status as defined i ORS 279.e P e ® • atton of pro isr` not required. All proposers e` equired to fri , c;,=..-... r comply : • th the pro o s o ` O rego ' 3 vised Statutes and Local Contract Review Board (L w ° %) Policy. The Ci may reject any propq al not comp with `all prescribed public bidding p gisedures and m , an requtre tsd ' oA . re o � good cap e any or all proposals upon a finding of the Ci . � = it is in the ram public tnteres. • t do. o. PUBLISHED: The Oregonian DATE: December 13th, 2010 RFP — City Attorney Services RFP Page 2 Close — Tuesday, January 11, 2011 at 2 p.m. TABLE OF CONTENTS TITLE PAGE Title Page Public Notice Table of Contents SECTIONS Section 1 Introduction Section 2 Proposer's Special Instructions Section 3 Background Section 4 Scope and Schedule of Work Section 5 Proposal Content and Format Section 6 Proposal Evaluation Procedures Section 7 Proposal Certification Section 8 Signature Page ATTACHMENTS { � - � A olltmto Attachment A Acknowledgement of Addendum Attachment B Statement of Proposal As, Attachment C City of Tigard Personal S es Agreeme t A „, �`,r EXHIBITS 141 4, . Exhibit A ` . i're IA u: CV-72 v- zth RFP — City Attorney Services RFP Page 3 Close — Tuesday, January 11, 2011 at 2 p.m. SECTION 1 INTRODUCTION The City of Tigard is seeking proposals from attorney firms qualified to provide SECTION 2 PROPOSER'S SPECIAL INSTRUCTIONS A. PROPOSED TIMELINES Monday, December 13 2010 Advertisement and Release of Proposals 2 PM, Tuesday, January 11t 2011 Deadline for Submission of Proposals January 31s through February 3r 2011 Interviews (if necessary) March 8 2011 Award of Contract by LCRB April 1st, 2011 Commencement of Services NOTE: The City reserves the right to modify this schedule at the City's discretion. Proper notification of changes in the will be made to all interested parties. B. GENERAL e r"% ?� xr fir, in A ' By submitting a proposa the Proposer certifies that the Proposal3�has been arrived ;at dependently and has been'submitted awithout collusion designed to limit competition. A' ", '�,t A e ra ; ;: . .. ] " � �a ' i i� s C. ? PROPOSAL SUBMITTAL The Proposal and all amendments must be signed and ksubmitte l rio later than January4l'1` 2011 by + 1 00 PM, th '2 ddres e a blow ' must be submitted in a sealed eenvelope and �, � to � i 4 � A r e P< n e �" Each proposal m � ,. 2V �' ilk � �.t� R F 3 :designated with �,proposal title To assure that your proposal receives'priority treatment, please mark as follows. J 4p pj I �� • City Attorney Se rvices Duey` rt 11,` ;,2011 , r> r J nary : �,City�`,of Tigard Information §Attu: Joseph Barrett, Buyerm' ' 13125 SW Hall Blvd. Tigard, Oregon 97223 Proposer shall put their name and address on the outside of the envelope. It is the Proposer's responsibility to ensure that proposals are received prior to the stated closing time. The City shall not be responsible for the proper identification and handling of any proposals submitted incorrectly. Late proposals, late modification or late withdrawals shall not be considered accepted after the stated bid opening date and time and shall be returned unopened. Facsimile and electronic (email) proposals will not be accepted. D. PROTEST OF SCOPE OF WORK OR TERMS A Proposer who believes any details in the scope of work or terms detailed in the proposal packet and sample contract are unnecessarily restrictive or limit competition may submit a protest in writing, to the Purchasing Office. A protest may be submitted via facsimile. Any such protest shall include the reasons for the protest and shall detail any proposed changes to the scope of work or terms. The Purchasing Office shall respond to any protest and, if necessary, shall issue any appropriate revisions, substitutions, or clarification via addenda to all interested Proposers. To be considered, protests must be received at least five (5) days before the proposal closing date. The City shall not consider any protest against award due to the content of proposal scope of work RFP — City Attorney Services RFP Page 4 Close — Tuesday, January 11, 2011 at 2 p.m. or contract terms submitted after the established protest deadline. All protests should be directed to Joseph Barrett, Buyer and be marked as follows: RFP Specification /Term Protest City of Tigard Attn: Joseph Barrett, Buyer 13125 SW Hall Blvd. Tigard, Oregon 97223 If a protest is received in accordance with section above, the proposal opening date may be extended if necessary to allow consideration of the protest and issuance of any necessary addenda to the proposal documents. E. PROPOSAL SUBMISSION AND SIGNING All requested forms and attachments (Signature Page, Acknowledgment Addendum, Statement of Proposal, etc.) must be submitted with the Proposal and in the required format. The submission and signing of a proposal shall indicate the intention of the firm to adhere to the provisions described in Y' # � i',3. wFS this RFP.� _.�v sew i F. COST OF PREP ' o ;G A PROPOSAL The RFP does not colt the to paying,' costs incurred by Proposer in the s o mission or presentation of a propos4 , or in taking the necessary studies for the preparation thereo G. INTERPRETATION oa a ® f 'ADDENDA , , All uestions re ardin� di pr k'' e ro osal sha ll be directed to Joseph Barrett, Bu ye `f necessary, g p l - p p � J p � y ary, interpretations or cla response to such quuestions will be made by i 'nuance of an "Addendum" to all pr ective losers within a'reasonable time prior to proposal el _sing, but in no case less than 72 hours before proposal closing If an addendum is necessary r that time, Kfp the City, at its discretio a =, can extendlhe closing date. Any Addendum issued, as a result of any change in the RFP, must be acknowledged by submitting the "Acknowledgment of Addendum" with proposal. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. H. BUSINESS TAX /FEDERAL TAX ID REQUIRED The City of Tigard Business Tax is required. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the City of Tigard shall pay a City of Tigard Business Tax. No contracts shall be signed prior to the obtaining of the City of Tigard Business Tax. Upon award of proposal, contractor shall complete a W -9 form for the City. CITY'S PROJECT MANAGER The City's Project Manager for this work will be Craig Prosser, City Manager who can be reached by phone at (503) 718 2486 or by email at craig @tigard- or.gov. J. PROPOSAL VALIDITY PERIOD Each proposal shall be irrevocable for a period of sixty (60) days from the Proposal Opening Date. K. FORM OF CONTRACT A copy of the City's standard Personal Services contract, which the City expects the successful firm or individual to execute is included as "Attachment C ". The contract will incorporate the terms and RFP — City Attorney Services RFP Page 5 Close — Tuesday, January 11, 2011 at 2 p.m. conditions from this RFP document and the successful proposer's response documents. Firms taking exception to any of the contract terms shall submit a protest or request for change in accordance with Section 2.D "Protest of Scope of Work or Terms" or their exceptions will be deemed waived. L. TERM OF CONTRACT The term of the contract shall be a period of one (1) year with the option to renew for four (4) additional one (1) year terms. The total term of the contract cannot exceed five (5) years. M. TERMINATION The contract may be terminated by mutual consent of both parties or by the City at its discretion with a 30 days' written notice. If the agreement is so terminated, Contractor shall be paid in accordance with the terms of the agreement. N. INTERGOVERNMENTAL COOPERATIVE PURCHASING The bidder submitting this proposal agrees to extend identical prices and services under the same terms and conditions to all public agencies in the region. Quantities stated in this solicitation reflect region. tine City of Tigard eon usagely 'USX � r u 7PT� "* Each participating agency shall execute its own contract with the lowest responsible /responsive ;bidder for its re quirements. Any bidder(s), ;by written notification included with their bid, may decline to extend the prices and terms of this solicitation to any and /or all other publicagencies. - - f O. „ ICON - COLLUSIONO NV `' °' Proposer certifies thatx`this proposal had been arrivedajat independently 'and has been submitted without collu§ibn designed to limit independent bidding o competition. aing to ' P. PUBLIC RECORD' S f All bid material submitted by bidde shall become the property; of the City and is; public record finless otherwis specified. A bid that contains any information that is considered trade secret under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The above restrictions may not include cost or price information, which must be open to the public. SECTION 3 BACKGROUND Tigard was incorporated in 1961 and today, is a friendly, livable and affordable community located just minutes southwest of Portland in Washington County. The 12 largest city in the State of Oregon, approximately 47,560 residents make their home in this centrally located community in Washington County, 10 miles southwest of downtown Portland, just minutes from 1 -5, Highway 217 and Highway 99W. The City is governed by a City Council with the City Manager responsible for the daily administration of all City functions. This includes general management, personnel administration, labor relations, risk and information technology, and community relations. As a community, Tigard strives to manage this growth and blend the amenities of a modem city with the friendliness and community spirit of a small town. The City's "open door" policy encourages citizens to attend weekly City Council meetings and observe the four- member Council and Mayor make important decisions. Tigard is a community building for today and its future. Local government and school leaders, citizen groups, businesses and individuals work hard to build upon Tigard's significant community attributes. The City promotes citizen participation through an RFP — City Attorney Services RFP Page 6 Close — Tuesday, January 11, 2011 at 2 p.m. extensive program that utilizes Boards & Committees, Neighborhood Networks, and other forms of outreach. This encourages residents to become part of the decision making process. The City is currently seeking to retain the services of a firm to provide City Attorney services. The firm that is awarded a contract under this RFP will work closely with City staff, Mayor, and City Councilors, on various City issues including, but not limited to: providing legal aspects of general administration of City business, including preparing and providing legal opinions, assist with establishment of correct procedures, drafting and reviewing ordinances, resolutions, contracts, orders, agreements, and other legal documents; and any other aspects of legal needs as detailed in this RFP packet. SECTION 4 SCOPE AND SCHEDULE OF WORK Tigard is seeking City Attorney services. Awarded Counsel will be responsible for City legal representation as authorized by City Council. Authorization to perform specific tasks will come from the Mayor, City Council, City Manager or other persons directly authorized by the Mayor, City Council or the City Manager. Awarded Counsel shall appoint an attorney to act as lead attorney. The lead attorney will be required to attend all City Council Business meetings. In the event that the lead attorney is not available for a meeting, Awarded Co unsel shall further designate a backup lead to attend. t m heeetings; Legal Consel u will 4�1 �.t k � ZI7n $��'`: f Sy *'' ; @ i d� '� ... -� {, . 3 ryiL ,! . advise the City Man with a p propria te notice if neit the lead attorney nor the backup lead attorne is availabl >, f or a City C m ' ' t r: ° ,rr � 'b*: y > 1. Unless otherwise specified by the Mayor or City Council the A Counsel will b for: ,, t xi xN �'.F Sgt c 4 - 'k a Legal aspects, of g e adm inistration o sin ,!6C ,City buess, includng preparing and providing legal opinions, assist with: establishment of{ correct procedures, drafting and reviewing p'ordinances, resolutions,' "_contracts; orders, " aniPother legal documents, and related tasks needed N , to support City per M Coun and City Manager b .. Providing sound legal direction on all forms of City, business, including but not limited to, the following: ; '� ,y 1) Public Financing (excluding bond counsel); 2) Land Use Law; 3) Local budget Law; 4) Codification of Ordinances; 5) Election Laws; 6) Open Meeting Laws; 7) Public Record Laws; 8) Public Contracting; 9) Annexation Law; 10) Public /Private Partnerships; 11) Oregon Revised Statutes; 12) Public Meeting Law; and 13) General Business Law. c. Training on non -legal personnel in the performance of legally related tasks in order to reduce legal expenses. d. Regular attendance at City Council meetings and attendance at other municipal meetings on request. e. Represent the City during litigation. RFP — City Attorney Services RFP Page 7 Close — Tuesday, January 11, 2011 at 2 p.m. e. Represent the City during litigation. f. Review City Council packets and provide advice prior to meetings. Review Planning Commission packets when requested and provide timely advice prior to meetings. g. Notify City of changes in state and federal laws that require changes in city codes, ordinances, regulations or policies to remain in compliance with applicable laws. 2. Legal activities such as complex litigation and special project assignments which fall outside of the above categories, and which would include costs exceeding the projections of the city's budget for city attorney services, must be authorized by the City Council. Awarded Counsel and the City Manager will regularly review the level of expenditures on city attorney services and will prioritize projects in order to stay within budgeted amounts. 3. The awarded Counsel will coordinate with the City Manager and department heads, but within the chain of command shall report directly to the City Council. In this regard, in the event a conflict develops between the Council and City Manager, the Awarded Counsel will represent the Council but will notify the City Manger at first knowledge of a conflict. 4. The City reserves the right in appropriate situations to retain separate outside P q sel:'t3t recognized that the City presently utilizes other*. firms to provide represen , attonn ®; ® ersont'el issues, labor relations, bond financing, and water related matters (i.e., water rights, water supply). SECTION 5 Yi PROPOSAL CONTENT AND FORMAT A. FORMAT To provide a degree of consistency in review of the written proposals, firms are reque §;ted to prepare their proposals in the standard format specified below ; y 1. Title Page :P.' Proposer should identify the RFP subject, name. and title of contact person, address, telephone number, fax number, email address and date of submission. 2. Transmittal Letter The transmittal letter should be not more than two (2) pages long and should include as a minimum the following: a. A brief statement of the Proposer's understanding of the services to be performed; b. A positive commitment to perform the services stated in this RFP; and the names of persons authorized to represent the Proposer, their title, address and telephone number (if different from the individual who signs the transmittal letter). 3. Table of Contents The table of contents should include a clear and complete identification by section and page number of the materials submitted. 4. Firm Qualifications a. Background of the firm. This should include a brief history of the firm and types of services the firm is qualified to perform. b. Qualifications of the firm in performing this type of work. This should include examples of related experience and references for similar services performed. RFP — City Attorney Services RFP Page 8 Close — Tuesday, January 11, 2011 at 2 p.m. 5. Team Member Qualifications • Project team and the team member's individual qualifications. Identify individuals and subconsultants who will provide the services, their experience, and their individual qualifications. Pertinent resumes of assigned personnel should be included. 6. Project Approach a. Submit a work plan to accomplish the scope of work defined in the section entitled "Scope and Schedule of Work" in this RFP. The work plan should include time estimates (in hours) for each significant segment of the project and the staff level to be assigned. Where possible, individual staff members should be named and their titles provided. The planned use of specialists (if any) should be described. b. Indicate the extent to which City personnel would be expected to contribute to the project work effort. 7. Compensation The proposed fee structure should include the total hours and dollar amounts, including out - of- pocket costs for the total project. 8. Presentation/Interview will provide an opportunity to dal*: ors elaborate o the firm's proposal and respond to specific questions about the deliveryf cattorney s r .` y ces. It will not in any way provide an opportunity to change anyee'e amount originallyrproposed. The City will schedule the time and location of theinterviews. and notifythe selected firms. Note: It is likely that not all. firms submitttnga response will be s ec ed the interview phase. B. ADDITIONAL SERVICES a ` Provide a brief description of any othe s thati your fit'mv could provide the City and an approximation of the hourly charge for eaPii service of this. type. ch services would be contracted for on an "as needed" basis, to be prov and billed fo r* sepely. Do not include expertise in • Real Estate, Franchise, Labor /Employment Law, Prosecutor or g and Financing. Expertise in those specialties is being solicited in a separate RFP process. C. ADDITIONAL INFORMATION Please provide any other information you feel would help the Selection Committee evaluate your firm for this project. D. REFERENCES Please list three (3) references with, at the minimum, the follow information: 1. Company Name 2. Contact Individual Name 3. Contact Individual Title 4. Contact Phone E. DISPUTES Should any doubt or difference of opinion arise between the City and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this RFP, the decision of the City shall be final and binding upon all parties. RFP — City Attorney Services RFP Page 9 Close — Tuesday, January 11, 2011 at 2 p.m. F. CITY PERSONNEL No Officer, agent, consultant or employee of the City shall be permitted any interest in the contract. SECTION 6 PROPOSAL EVALUATION PROCEDURES A. SELECTION AND EVALUATION PROCESS A Selection Committee assembled by the City will review the written proposals. Proposals will be evaluated to determine which ones best meet the needs of the City. After meeting the mandatory requirements, the proposals . will be evaluated on both their technical and fee aspects. The Selection Committee will select the Proposer which best meets the City's needs based upon its evaluation of a firms proposal. Proposals will be evaluated in accordance with the following: 1. Completed Proposal submitted on time Pass /Fail 2. An original plus fie (5) copies of the complete proposal Pass /Fail 3. Transmittal letter Pass /Fail 4. Firm qualifications 60 points 5. . Project Team memT' ber qualifications m 4o 0 Wy ints 6 .. Project understanduzg and approach i 0 335 pints Proleet timeframe . A ' 45 points A, $ ` Fee eva luatio n S :° ' 20 points :levi 'Vtm,, , TOTAL EVALUATION POINTS 200 POINTS B. 161 VESTIGA i1O N O - tEk' RENCES The City rese e_ the ng 1t to stigate references and the past performance of any; Proposer with zs pect to its success perfo o : o ce of similar services, compliance with contractual Obligations, its : mpletion o> very Aprodudt ' projects on schedule and its lawful payment of Aloyees and O rkers te r. C. ,:C _V Eh 'RATION ci Ci PROPOSALS Th'e "C reserves the Rht to obtain cla P ri fication of any point in regards to a proposal r to obtain additional information necessary to properly evaluate or particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in rejection of their proposal. D. RESERVATION IN EVALUATION The Selection Committee reserves the right to either: (a) request "Best and Final Offers" from the two finalist firms and award to the lowest priced or (b) to reassess the proposals and award to the vendor determined to best meet the overall needs of the City. E. INTENT OF AWARD Upon review of the proposals submitted, the City may negotiate a scope of work and a city attorney services agreement with one firm, or may select one or more firms for further consideration. F. PROTEST OF AWARD In accordance with Tigard Public Contracting Rule 30.135, any adversely affected Proposer has seven (7) calendar days from the date of the written notice of award to file a written protest. G. PROPOSAL REJECTION The City reserves the right to: RFP — City Attorney Services RFP Page 10 Close — Tuesday, January 11, 2011 at 2 p.m. 1. Reject any or all proposals not in compliance with all public procedures and requirements; 2. Reject any proposal not meeting the specifications set forth herein; 3. Waive any or all irregularities in proposals submitted; 4. In- the event two or more proposals shall be for the same amount for the same work, the City shall follow the provisions of LCRB 30.095 and Section 137 -095 of the Oregon Attorney General's Model Public Contract Manual; 5. Reject all proposals; 6. Award any or all parts of any proposal; and 7. Request references and other data to determine responsiveness. { n r ice F'; { 4 t + 't t m` �`l�, V f� 1/4 -r�. si t � ' " fit. � .. �-r ¢3 d " 5x . A to '" r,it.+A 3 k d 'fiia.E ; 'J i !�' kite; - mow, t . j RFP — City Attorney Services RFP Page 11 Close — Tuesday, January 11, 2011 at 2 p.m. SECTION 7 PROPOSAL CERTIFICATIONS *********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Non - discrimination Clause The Contractor agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order from the City, unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: Firm Name: r =jt Address: 2 {' ^ ' • # , Rc LY f - _ Sr i ************ * * * * * * * ** * * * *k * ??k * ** * * * * ** * ** W t V s v y{c bra Resident Certificate° Please Check One: x.: ❑ Resident Vendor: Vendor has paid unemployment taxes and income taxes in this state during the last twelve calendar months immediately preceding the submission of this proposal. Or ❑ Non - resident Vendor: Vendor does not qualify under requirement stated above. (Please specify your state of residence: ) Officer's signature: Type or print officer's name: RFP — City Attorney Services RFP Page 12 Close — Tuesday, January 11, 2011 at 2 p.m. SECTION 8 SIGNATURE PAGE The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated; and that all articles supplied under any resultant contract will conform to the specifications herein, The undersigned agrees to be bound by all applicable laws and regulations, the accompanying specifications and by City policies and regulations. The undersigned, by submitting a proposal, represents that: A) The Proposer has read and understands the specifications. B) Failure to comply with the specifications or any terms of the Request for Proposal may disqualify the Proposer as being non - responsive. The undersigned certifies that the proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. _� f,, , v y -'M' CIF .'" �. w r c The under " signe ® ce t a Ito the specifications has been received and dul ' c and that all sts associate , e with addenda : been included in this proposal: Adde e a Na through No. inclusive.: . , : . '`.047'2 k?4 47 ° i ft t We therefore offer arit a ake posal to furnish services at the price(s) indicated hereinin fulfillment of the arched requirements arid, spa a rations of the City. Name a ' =' h Address 4file f Telephone Number: Fax Number: B Date: (Signature of Authorized Official. If partnership, signature of one partner.) Typed Name /Title: If corporation, attest: (Corporate Officer) ❑ Corporation ❑ Partnership ❑ Individual Federal Tax Identification Number (TIN): RFP — City Attorney Services RFP Page 13 Close — Tuesday, January 11, 2011 at 2 p.m. ATTACHMENT A ACKNOWLEDGMENT OF ADDENDA City of Tigard, Oregon Request for Proposal City Attorney Services Close: Tuesday, January 11, 2011, 2:00 PM I /WE HAVE RECEIVED THE FOLLOWING ADDENDA (If none received, write `None Received'): 1. 3. 2. 4. Date -"` g At' F R WS 'Z . Signat re„ of Propose t -( ;mot nomn .. {Title p 4 h , + Wit. � � CorporatdkName } S ', k i ^, ' ' , A } VA Ntit Y RFP — City Attorney Services RFP Page 14 Close — Tuesday, January 11, 2011 at 2 p.m. ATTACHMENT B STATEMENT OF PROPOSAL Name of Consultant: Mailing Address: Contact Person: Telephone: Fax: Email: accepts all the terms and conditions contained in the City of Tigard Request for Proposal for (Title of RFP) and the attached contract for (Attachment C): Signature of authorized representative I 7at 4 Type or print name of authorized representative ` yp p p Telephone Number Type or print name of person(s) authorized to negotiate contracts v one Number vzvo 3Y" A REFERENCES`Y >s lOWneftit Reference #1 a F`1 Telephone Tele hone Number Project Title Contact Individual Reference #2 Telephone Number Project Title Contact Individual Reference #3 Telephone Number Project Title Contact Individual RFP — City Attorney Services RFP Page 15 Close — Tuesday, January 11, 2011 at 2 p.m. ATTACHMENT C T i �Si" � a {:� � �:4 Y3 t 4- if - fik Al „,,,, - ? �s r. '. ,- •:., , *4 (yam l: *' y+ p R • A,s f. } r .r^'' °"h e '''rs . ' S - s ,- RFP — City Attorney Services RFP Page 16 Close — Tuesday, January 11, 2011 at 2 p.m.