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City Council Packet - 04/12/2016 IliqCity of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD Agenda Revised April 7, 2016 to add Consent Item D - Consider Resolution Supporting Washington County Bond Measure 34-243, Emergency 9-1-1 Communications. Agenda Revised April 11, 2016 to add Executive Session. MEETING DATE AND TIME: April 12,2016 - 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 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (IDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 ("MD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov 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. INCity of Tigard Tigard Business Meeting—Agenda TICARD TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD Agenda Revised April 7,2016 to add Consent Item D-Consider Resolution Supporting Washington County Bond Measure 34-243,Emergency 9-1-1 Communications. Agenda Revised April 11,2016 to add Executive Session MEETING DATE AND TIME: April 12,2016 - 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. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss exempt public records,under ORS 192.660(2) (f). 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. 6:30 p.m. estimated time B. COUNCIL LIAISON REPORTS 6:50 p.m. estimated time 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) 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: (Tigard City Council,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: 7:35 p.m. estimated time A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: •November 17, 2015 •December 15,2015 •January 5, 2016 •February 16,2016 •March 8,2016 C. AUTHORIZE THE CITY MANAGER TO SIGN AN AMENDMENT TO THE METRO IGA FOR THE FIELDS PROPERTY MANAGEMENT D. CONSIDER A RESOLUTION SUPPORTING WASHINGTON COUNTY MEASURE 34-243,EMERGENCY 9-1-1 COMMUNICATIONS BOND •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. CONSIDER AFFIRMATION OF VARNS STREET RESOLUTION NO. 79-86A 7:40 p.m. estimated time 5. DISCUSSION ON UPCOMING CONTRACTS 7:55 p.m. estimated time 6. AUTHORIZE THE CITY MANAGER TO SIGN AN IGA WITH METRO FOR THE CONSTRUCTION OF THE FANNO CREEK TRAIL TIEDEMAN REALIGNMENT 8:15 p.m. estimated time 7. INFORMATIONAL PUBLIC HEARING: CONSIDER APPROVAL OF FY 2016 THIRD QUARTER BUDGET SUPPLEMENTAL 8:25 p.m. estimated time 8. DISCUSS POLICY REGARDING NEWS MEDIA IN EXECUTIVE SESSIONS 8:35 p.m. estimated time 9. NON AGENDA ITEMS 10. 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. 11. ADJOURNMENT 8:45 p.m. estimated time SUPPLEMENTAL PACKET /2 _ FOR — a �C (DATE OF MEETING) Tigard High School City Update: April 12, 2016 Recent • Mental Health Awareness • Powdertuff(male volleyball) • Spring Fling, "Party in the U.S.A." • Youth Ending Slavery (YES) is an official chapter at THS • Leadership elections, social media campaigning under full swing • Unified Soccer has begun, first game was TODAY at Hillsboro Coming Up • Compliment Wall • Autism Awareness 5k, this Friday • Open mic night / slam poetry • The Foundation for Tigard Tualatin Schools coin drive SUPPLEMENTAL PACKET FOR l °� (DATE OF MEETING) City Council Update April 2016 Chamber Events Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 4/14/16—Hosted by The Portland Clinic at their location 4/21/16—Hosted by ServPro of Tigard Tualatin at their location 4/28/16—Host and location TBD Other • 4/13/16 6 p.m.—Tigard Young Professionals After Hours at Threat Dynamics • 4/29/16—5:30—9 p.m.—Tigard Shining Stars Community Awards Celebration, Embassy Suites • 5/3/16—8-9 a.m.—Monthly Home, Garden and Design Referrals Group • 5/3/16—6:30—8 p.m.—G.E.T. Connected After Hours at Uptown Market Check our event calendar at http://business.tigardchamber.org/events/calendar/for details follow us on Twitter @tigardchamber Tigard Farmers Market Update • Opening day in 12 days,4/24/16 9 a.m. Come join us Burnham and Hall for the kick off of the season! • Ribbon Cutting at 10 a.m. on Opening Day on our Market Sprouts Community Garden— Sponsored in part by Whole Foods Greenway and City of Tigard. Thank you to Public works for all your support. • Follow us on Facebook at tigardfarmersmarket and on Twitter @tigardfarmers Downtown Updates 3/29- Downtown Dialogue/Brokers Open House—Awesome turnout 35+attendees • Save the dates for our 2016 Events o 5/5-5/14—Art Walk o 9/10—Street Fair o 10/31—Trick or Treat Main Street o 12/4—Tree Lighting Learn what there is to do in Downtown Tigard on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard V 1Y s TI %ARD "E 1:x 1 r� C'+AMBLR OF COMMlRCt tigardyoungprofesslcn,,l s MARKET loll conrncl co11Kt.coRabaat• climb. GROW(:ATHF.R.c:l�'F.. TIT:' • AGENDA ITEM NO. 2-D - CITIZEN COMMUNICATION DATE: April 12, 2016 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items 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 p J CONTACTED Name: 45.4 n 271 tl✓tel! pethot i /o on 9Z/64'e Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address /1 / c' stti City 15.al'el) ...46510' - State i r<j 2" Zip 97A3 Phone No. -5-ar33 9 g0 lso,please spell your name as it sounds,if it will ��r c help the presiding officer pronounce: k1 01` I\ ` ki,\ Address )21 c \, (NI� City 1144x•Ck State Q Zip q 1 Z 2-3 • , one No. --k22-11.1bLc\ Name: SUS c t 1,J C2. Also,pleaseyour name as it sounds,if it will RK(.6 U N spell help the presiding officer pronounce: ct U ` Address 1166 5S W q 2nd 11IJC City `Ti92►(6-1 I CC - `)' 7 : )-3 State Zip Phone No. -5G,3) 2)c' y CITIZEN COMMUNICATION AGENDA ITEM NO. 2-D - CITIZEN COMMUNICATION DATE: April 12, 2016 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items 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: ,S-71€4-C zy' Al Cd ji''ir)aGc S ?..znd Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Pay 4;17) 4- D Address //Co 9(7 __CW 2"11 Air o(e I ✓ev City �� /,i kV(' State �OR Zip q 7_2.23 Phone No. SZ23 73 7 - Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION AIS-2664 3.A. Business Meeting Meeting Date: 04/12/2016 Length (in minutes): Consent Item Agenda Title: Receive and File: Council Calendar and Council Tentative Agenda Submitted By: Carol K.rager, Central Services Item Type: Receive and File Meeting Type: Consent- Receive and File Public Hearing: No Publication Date: Information ISSUE Receive and file the Council Calendar and the Tentative Agenda for future council meetings. STAFF RECOMMENDATION / ACTION REQUEST No action is requested; these are for information purposes. KEY FACTS AND INFORMATION SUMMARY Attached are the Council Calendar and the Tentative agenda for future Council meetings. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A - Receive and File Items Attachments Council Calendar Tentative Agenda MEMORANDUM TIGARD TO: Honorable Mayor&City Council/City Center Development Agency Board FROM: Carol A. Krager, City Recorder RE: Three-Month Council/CCDA Meeting Calendar DATE: April 5, 2016 April 5 Tuesday City Center Development Agency/Council—6:30 p.m.,Town Hall 12* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 20 Wednesday Budget Committee Meeting—6:30 p.m.,Public Works Auditorium 25 Monday Budget Committee Meeting—6:30 p.m.,Public Works Auditorium 26* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 30 Saturday Council Outreach,TVF&R Fire Station 50—9-11 a.m. May 2 Monday Budget Committee Meeting—6:30 p.m.,Public Works Auditorium 3 Tuesday City Center Development Agency—6:30 p.m.,Town Hall 9 Monday Budget Committee Meeting—6:30 p.m.,Public Works Auditorium 10* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 17* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 24* Tuesday Council Business Meeting—6:30 p.m.,Town Hall June 7 Tuesday City Center Development Agency—6:30 p.m.,Town Hall 14* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 21* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 28* Tuesday Council Business Meeting—6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk (*). is\adm\city council\council calendar\3-month calendar word format.doc Meeting Banner 0 Business Meeting 0 Study Session ❑ Special Meeting �■ Consent Agenda 0 Meeting is Full Workshop Meeting❑ CCDA Meeting City Council Tentative Agenda 4/4/2016 4:41 PM - Updated Form Meeting Submitted Meeting Inbox or Date By Type Title Department Finalized 2445 04/12/2016 Carol Krager AAA April 12, 2016 Business Meeting i I 2431! 04/12/2016 Norma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 10/29/2015 Total Time: 15 of 45 Minutes Scheduled I II 2606 04/12/2016 Steve Martin ACONSENT Consent Item - Authorize the City Manager to Sign an Public Works MartyW, City Amendment to the Metro IGA for the Fields Property Manager Management II 2518 04/12/2016 Carol Krager CCBSNS 1 20 Minutes - Discussion of Upcoming Contracts Central Services MartyW, City Manager 2571 04/12/2016 Judy CCBSNS 2 10 Minutes - Authorize the City Manager to Sign an Public Works Barrett J, Sr Mgmt Lawhead IGA with Metro for the Construction of the Fanno Creek Analyst Trail Tiedeman Realignment 2553 04/12/2016 Carissa CCBSNS 3 10 Minutes - FY 2016 Third Quarter Budget Finance and MartyW, City Collins Supplemental Information Manager Services 2574 04/12/2016 Joanne CCBSNS 4 10 Minutes - Discuss Policy Regarding News Media in City Management 02/18/2016 Bengtson Executive Sessions Total Time: 50 of 100 Minutes Scheduled ------ II 2446 04/19/2016 Carol Krager AAA April 19. 2016 Workshop Meeting II 2477 104/19/2016 Norma Alley CCWKSHOP 1 30 Minutes - Joint Meeting with Library Board Library Grimes A, Conf. L Exec. Assistant 2466 04/19/2016 John CCWKSHOP 2 20 Minutes - Update on the Willamette Governance Public Works Grass M, Assoc Goodrich Group Planner 2508 04/19/2016 Liz Hormann CCWKSHOP 3 30 Minutes - Safe Routes to School Update Community Patton, J., Senior Development Administrative Sp 2565 04/19/2016 Cheryl CCWKSHOP 4 20 Minutes - Tigard Triangle Project Update Community Shanks S, Senior Caines _ Development Planner 1 1 Page is\citywide\tentagenda\april 4 2016.docx Meeting Banner 0 Business Meeting 0 Study Session 0 Special Meeting ❑■ Consent Agenda 0 Meeting is Full Workshop Meeting❑ CCDA Meeting City Council Tentative Agenda 4/4/2016 4:41 PM - Updated Form Meeting Submitted Meeting Inbox or # Date By Type Title Department Finalized 2589 04/19/2016 Carol Krager CCWKSHOP 5 30 Minutes - DISCUSSION ON RIVER TERRACE AND Finance and LaFrance T, Fin/Info CITY-WIDE SANITARY SEWER SURCHARGE FEES Information Svcs Director Services 2590 04/19/2016 Norma Alley CCWKSHOP 6 30 Minutes - Discussion on Potential Future Ballot City Management MartyW, City Measures Manager 2660 04/19/2016 Lina Smith CCWKSHOP 7 10 Minutes - Metzger Elementary School Park Project Community Krager C, City Update Development Recorder 2655 04/19/2016 Lloyd Purdy CCWKSHOP 8 10 Minutes - Executive Session: Property Acquisition Community 03/24/2016 ORS 192.660.(2) (e) Development 1.1 I II 04/20/2016 April 20, 2016 Budget Committee Meeting Public Works Auditorium (8777 SW Burnham) 6:30 p.m. 04/25/2016 April 25, 2016 Budget Committee Meeting Public Works Auditorium (8777 SW Burnham) 6:30 p.m. Councilor Henderson Absent 2447 04/26/2016 Carol Krager AAA April 26, 2016 Business Meeting Councilor Henderson Absent I II 2432 04/26/2016 Norma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 10/29/2015 2507 04/26/2016 Judy ACCSTUDY 15 Minutes - Briefing on Capital Improvement Plan (CIP) Public Works Faha L, City Lawhead Projects Engineer 2581 04/26/2016 Norma Alley ACCSTUDY 20 Minutes - Executive Session per ORS 192.660(2)(f) City Management 02/22/2016 Exempt Public Records Total T. II 2602 04/26/2016 Marissa CCBSNS 1 15 Minutes - Annual Arbor Day report and recognition Community Grass M, Assoc Grass of the City of Tigard's activities and accomplishments in Development Planner urban forestry 2648 04/26/2016 Joanne CCBSNS 2 5 Minutes - Proclaim CONSTRUCTION INDUSTRY City Management 03/29/2016 Bengtson SAFETY WEEK 2 I Page is\citywide\tentagenda\april 4 2016.docx Meeting Banner 0 Business Meeting 0 Study Session 0 Special Meeting ®■ Consent Agenda 0 Meeting is Full Workshop Meeting CCDA Meeting City Council Tentative Agenda 4/4/2016 4:41 PM - Updated Form reeting Submitted Meeting Inbox or Date By Type Title Department Finalized 2519 04/26/2016 Carol Krager CCBSNS 3 20 Minutes - LCRB Contract Placeholder Central Services Barrett 3, Sr Mgmt Analyst 2594 04/26/2016 John CCBSNS 4 15 Minutes - Briefing on Wholesale Water Contract Public Works Rager B, PW Goodrich Extension MOU with Portland Water Bureau Director 2525 04/26/2016 Lloyd Purdy CCBSNS 5 20 Minutes - Briefing on Hunziker Infrastructure Community Purdy, L, Econ (Project: Development Agreement Development Development Mgr Total Time: 75 of 100 Minutes Scheduled I I 04/30/216 April 30, 2016 Council Outreach TVF&R Fire Station 50 (12617 SW Walnut St.) 9-11 a.m. Councilor Henderson Absent 05/02/2016 May 2, 2016 Budget Committee Meeting Public Works Auditorium (8777 SW Burnham) 6:30 p.m. Councilors Henderson and Woodard Absent 2450 05/03/2016 Carol Krager AAA May 3, 2016 CCDA Meeting Councilors Henderson and Woodard Absent I II 05/09/2016 May 9, 2016 Budget Committee Meeting Public Works Auditorium (8777 SW Burnham) 6:30 p.m. Councilor Henderson Absent 2449 05/10/2016 Carol Krager AAA May 10, 2016 Business Meeting Councilor Henderson Absent I II 2433 05/10/2016 Norma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 10/29/2015 2585 05/10/2016 Ron Blecker ACCSTUDY 15 Minutes - Discussion on Proposed Changes to TMC Ch. Finance and Info Blecker, Ron, Util. 12 Services Div. Supervisor Total Time: 30 of 45 Minutes Scheduled II 2563 05/10/2016 Joanne CCBSNS 1 10 Minutes - Announce 2016 "If I Were Mayor" Contest City Management Bengtson 3, Exec Bengtson Winners Assistant to City Manager 3 Page is\citywide\tentagenda\april 4 2016.docx Meeting Banner 0 Business Meeting 0 Study Session 0 Special Meeting Q■ Consent Agenda 0 Meeting is Full Workshop Meeting❑ CCDA Meeting City Council Tentative Agenda 4/4/2016 4:41 PM - Updated Form Meeting Submitted Meeting Inbox or Title Department Date By Type Finalized 2595 05/10/2016 John CCBSNS 2 5 Minutes - Portland Water Bureau Memorandum of Public Works Rager B, PW Goodrich Understanding (MOU) Wholesale Water Contract Director 2520 05/10/2016 Carol Krager CCBSNS 3 20 Minutes - LCRB Contract Placeholder Central Services Barrett J, Sr Mgmt Analyst 2613 05/10/2016 Cheryl CCBSNS 4 30 Minutes - QJ Public Hearing: Craig Annexation & Community Caines C, Assoc Caines Zone Change - ZCA2016-00001 & CPA2016-00001 Development Planner 1758 05/10/2016 Carol Krager CCBSNS 5 25 Minutes - PLACEHOLDER - Google Franchise City Management Newton L, Assistant Agreement City Manager Total Time: 90 of 100 Minutes Scheduled I it 2451 05/17/2016 Carol Krager AAA May 17, 2016 Workshop Meeting I II 2389 05/17/2016 Judy CCWKSHOP 1 10 Minutes - Briefing on an IGA with ODOT for Design Public Works Faha L, City Lawhead and Construction of New Sections of Fanno Cr. Trail Engineer 2657 05/17/2016 Judy CCWKSHOP 2 15 Minutes - Briefing on Tigard's Recreation Program Public Works Martin S, Division Lawhead Manager 2607 05/17/2016 Judy CCWKSHOP 3 20 Minutes - Briefing on Recreation Program Fee Public Works Rivera A, Business Lawhead Ordinance Manager 2591 05/17/2016 Norma Alley CCWKSHOP 4 30 Minutes - Discussion on Potential Future Ballot City Management MartyW, City Measures Manager 2656 05/17/2016 Lloyd Purdy CCWKSHOP 5 20 Minutes - Executive Session: Property Acquisition Community 03/24/2016 ORS 192.660(2)(e) Development Total Time: 95 of 180 Minutes Scheduled II 2452 05/24/2016 Carol Krager AAA May 24, 2016 Business Meeting I II 2434 05/24/2016 Norma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 10/29/2015 2560 05/24/2016 Carol Krager ACCSTUDY 30 Minutes - Fiscal Year 2017 Master Fees and Charges Finance and Info Collins C, Sr Mgmt Schedule Update Services Analyst 11 4 Page is\citywide\tentagenda\april 4 2016.docx Meeting Banner 0 Business Meeting 0 Study Session 0 Special Meeting 0 Consent Agenda 0 Meeting is Full Workshop Meeting❑ CCDA Meeting City Council Tentative Agenda 4/4/2016 4:41 PM - Updated Form Meeting Submitted Meeting Inbox or # Date By Type Title Department Finalized 2654 05/24/2016 Joanne CCBSNS 1 15 Minutes - Presentation by Washington County City Management MartyW, City Bengtson Visitors Association Manager 2556 05/24/2016 Lloyd Purdy CCBSNS 2 20 Minutes - MURP/State of Place - final presentation Community Purdy, L, Econ Development Development Mgr J2522 05/24/2016 Carol Krager CCBSNS 3 20 Minutes - LCRB Contract Placeholder Central Services Barrett J, Sr Mgmt Analyst 2608 05/24/2016 Judy CCBSNS 4 15 Minutes - Leg. Public Hearing: Recreation Program Public Works Rivera A, Business Lawhead Fee Ordinance Manager 2611 05/24/2016 Alison CCBSNS 5 15 Minutes - Washington County Cooperative Library Library Grimes A, Conf. JGrimes Services Intergovernmental Agreements Exec. Assistant 2390 05/24/2016 Judy CCBSNS 6 5 Minutes - Consider Authorizing the City Manager to Public Works ' McCarthy M, Lawhead Sign an IGA with ODOT for Design and Construction of St/Trans Sr Proj Eng New Sections of the Fanno Creek Trail 2555 05/24/2016 Lloyd Purdy CCBSNS 7 10 Minutes - (Hold for Scheduling) Approval: Community Purdy, L, Econ Development Agreement Hunziker Infrastructure Development Development Mgr II 2453 06/07/2016 Carol Krager AAA June 7, 2016 CCDA Meeting I II 2454 06/14/2016 Carol Krager AAA June 14, 2016 Business and CCDA Meeting II 2647 06/14/2016 Dana CCSTUDY 25 Minutes - Executive Session: Labor Negotiations City Management 03/21/2016 Bennett 2435 1Q6/14/2016 Norma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 10/29/2015 Total Time: 40 of 45 Minutes Scheduled I _ it 2588 06/14/2016 Liz Lutz CCBSNS 1 5 Minutes - Resolution to Appoint One Audit Committee Finance and Lutz L, Conf Exec Member and One Alternate Member Information Asst Services 2523 06/14/2016 Carol Krager CCBSNS 2 20 Minutes - LCRB Contract Placeholder Central Services Barrett J, Sr Mgmt Analyst 51Page is\citywide\tentagenda\april 4 2016.docx Meeting Banner ❑ Business Meeting 0 Study Session 0 Special Meeting Q Consent Agenda 0 Meeting is Full Workshop Meeting!: CCDA Meeting City Council Tentative Agenda 4/4/2016 4:41 PM - Updated Form Meeting Submitted Meeting Inbox or # Date By Type Title Department Finalized 2612 06/14/2016 Alison CCBSNS 3 5 Minutes - Approval of Intergovernmental Agreements Library Barnes M, Library Grimes with Washington County Cooperative Library Services Director 2578 06/14/2016 Liz Lutz CCBSNS 4 5 Minutes - Resolution Certifying that the City of Tigard Finance and Lutz L, Conf Exec Provides Services Qualifying for State-Shared Revenues Information sst Services 2580 06/14/2016 Liz Lutz CCBSNS 5 5 Minutes - Resolution Declaring the City's Election to Finance and Lutz L, Conf Exec Receive State Revenue Sharing Information Asst Services 2582 06/14/2016 Liz Lutz CCBSNS 6 10 Minutes - Info. Public Hearing: Adopt Citywide Finance and Lutz L, Conf Exec Master Fees and Charges Schedule Replacing Resolution Information Asst 15-31 and Subsequent Amendments Services 2583 06/14/2016 Liz Lutz CCBSNS 7 15 Minutes - Info. Public Hearing: Adopting the Finance and Lutz L, Conf Exec Budget, Making Appropriations, Declaring the Ad Valorem Information Asst Tax Levy and Classifying the Levy as Provided Services 2584 06/14/2016 Liz Lutz CCBSNS 8 10 Minutes - Info. Public Hearing: Resolution to Adopt Finance and Lutz L, Conf Exec CCDA FY 2017 Budget with Adjustments, Make Information Asst Appropriations, and Impose and Categorize Taxes Services Total Time: 75 of 80 Minutes Scheduled I _ I 2455 06/21/2016 Carol Krager AAA June 21, 2016 Workshop Meeting II 2461 06/21/2016 Lloyd Purdy CCWKSHOP 20 Minutes - Economic Development Update Community Purdy, L, Econ Development Development Mgr Total Time: 20 of 180 Minutes Scheduled I II 2458 06/28/2016 Carol Krager AAA June 28, 2016 Business Meeting l II 2436 06/28/2016 Norma Alley ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 10/29/2015 Total Time: 15 of 45 Minutes Scheduled I II 2524 06/28/2016 Carol Krager CCBSNS 20 Minutes - LCRB Contract Placeholder Central Services Barrett J, Sr Mgmt 6 1 Page is\citywide\tentagenda\april 4 2016.docx Meeting Banner 0 Business Meeting 0 Study Session 0 Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting CCDA Meeting City Council Tentative Agenda 4/4/2016 4:41 PM - Updated Form Meeting Submitted Meeting Inbox or # Date By Type Title Department Finalized Analyst 2601 06/28/2016 Kent Wyatt CCBSNS 15 Minutes - Update on the Implementation of the City Management Wyatt K, Strategic Plan Management Analyst Total Time: 35 of 100 Minutes Scheduled I II 2616 07/05/2016 Carol Krager AAA July 5, 2016 CCDA Meeting - Cancelled Central Services 03/21/2016 I II 2617 07/12/2016 Carol Krager AAA July 12, 2016 Council Business Meeting Central Services 03/21/2016 Council President Snider Absent I II 2592 07/12/2016 Norma Alley CCBSNS 60 Minutes - Discussion on Potential Ballot Measures City Management MartyW, City Manager Total Time: 60 of 100 Minutes Scheduled I II 2651 07/19/2016 Carol Krager AAA July 19, 2016 Workshop Meeting Central Services 03/21/2016 I II 2658 07/19/2016 Kent Wyatt CCWKSHOP 45 Minutes - Briefing on the Council Goal of Providing City Management Krager C, City Recreational Opportunities for Tigard Residents Recorder Total Time: 45 of 180 Minutes Scheduled I II 2619 07/26/2016 Carol Krager AAA July 26, 2016 Council Business Meeting Central Services 03/21/2016 I II 2587 07/26/2016 Judy ACCSTUDY 15 Minutes - Briefing on Capital Improvement Plan (CIP) Public Works Faha L, City Lawhead Projects Engineer Total Time: 15 of 45 Minutes Scheduled 7 I Page is\citywide\tentagenda\april 4 2016.docx AIS-2663 3. B. Business Meeting Meeting Date: 04/12/2016 Length (in minutes):Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager,Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •November 17,2015 •December 15,2015 •January 5,2016 •February 16,2016 •March 8,2016 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments November 17,2015 Draft Minutes December 15,2015 Draft Minutes January 5,2016 Draft Minutes February 16,2016 Draft Minutes March 8,2016 Draft Minutes City of Tigard Tigard City Council Meeting Minutes TIGARD November 17, 2015 1. WORKSHOP MEETING A. Mayor Cook called the City Council meeting to order at 6:34 p.m. B. Deputy City Recorder Alley called the roll: Name Present Absent Mayor Cook V Councilor Goodhouse V Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard V C. Mayor Cook led the Pledge of Allegiance. E. Mayor Cook asked Council and Staff for any Non-Agenda Items-None 2. JOINT MEETING WITH THE PARK AND RECREATION ADVISORY BOARD Park and Recreation Advisory Board (PRAB) Member Brown introduced PRAB members Tim Pepper, Sara Darland, Linda Shaw, Holley Polivka, and Scott Winkels. Mr. Brown stated he was very excited for the recreation coordinator to get on board and for the programs to begin. Mr. Pepper stated the Tigard Recreation Program Study (RPS) has a five year implementation plan and inquired of the council how they were going to financially invest in this five year plan and the recreation coordinator. Mayor Cook said he is uncertain of the direction that will be taken as the next year's budget is just starting to be developed at the staff level. Public Works Division Manager Martin said it is anticipated to refer to the RPS when developing the budget and for the recreation coordinator to help form next year's budget to include events. Ms. Shaw asked what the council's vision was to continue with a recreation center. City Manager Wine stated there is a desire for a community center in the city. The city is embarking on a facilities strategic plan for all city facilities. It is the city's intention to get that study done as soon as possible to know how the needs of a community center fit in the overall facilities study and needs. The most acute need for facilities is with police right now. We will figure out the sequence and priority on how to move those forward. If we could figure out a credible plan, it could happen in the five year window, but we will not know until we get the facilities strategic plan finished. Ms. Polivka said PRAB supports making all our parks non-smoking, but did not know how it will be enforced. Mayor Cook said it is on the agenda December 8 and encouraged PRAB members to attend and testify at the meeting. TIGARD CITY COUNCIL MEETING MINUTES—NOVEMBER 17, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 503-639-41711 www.tigard-or.gov Page 1 of 7 Ms. Polivka stated concern that the Park and Recreation Utility Fee may not be the best way to create revenue for parks and recreation, but does believe it makes sense to remove the parks and recreation from the general fund. Council President Snider asked if PRAB had any discussion about funding options if the matter went before the vote of the people and they turned it down and what they thought about the option of a vote. Mr. Brown said he thought it was a good idea to put it before the voters because people would be more appreciative if it goes to the vote of the people. It sounded as if the two options for revenue are a fee or to go to the voters, so taking it to the voters is better as there will be more ownership. Ms. Polivka did not agree it should go to the voters, but was concerned with other fees causing increased costs on the utility bills. Councilor President Snider said citizens cannot live in a city with the lowest permanent tax base and not have fees or expenses increase. At some point we have got to approve some of these fees. Oregon has some very poorly thought through tax law, on a twenty year legacy, which has created some serious problems for cities. Mr. Pepper said there are things that our city could use and we need to have honest discussion about how to fund them in a sustainable way. He said he is not in support of going to the voters with multiple options. Deciding something on that granular level should fall to the elected officials as our leaders. Mr. Winkels said he understood sending it to the voters and expressed the importance of looking at the timing of when it will go on the ballot in order to be successful. Ms. Polivka stated it would feel disingenuous to send the matter to the voters,they shoot it down and then council enacts the fee anyway. She suggested enacting the fee while being cognizant of the voters' budgets and make the fee as affordable as possible. Councilor Henderson commented that his litmus test for this is if there is a need; if a need is established then he is there to get it done. Mr. Winkels suggested the city look at developing off-road cycling trails on the Fields property or Bull Mountain which would be more environmentally sound. There are bandit jumps and trails built that are unsafe or environmentally unsound. There are opportunities to develop and share costs with Metro. Mayor Cook said he had no problem with working with other organizations to see parks and trails built. It is really appreciated when someone wants to take the initiative to fundraise and build a park or trail. Ms. Polivka suggested the city not forgot about all the parks and not provide funding for neighborhoods because they have done so much for themselves. These parks, like Bull Mountain, should be equally funded even if they do so much for themselves. Mayor Cook said we prioritize the city's funding and try not to forget any of the parks. Mr. Brown thanked council for their time and Mayor Cook thanked PRAB for their continued volunteering,time and support. Mayor Cook encouraged the PRAB to continue to bring ideas forward. TIGARD CITY COUNCIL MEETING MINUTES—NOVEMBER 17, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 503-639-41711 www.tigard-or.gov Page 2 of 7 3. CONTINUED DISCUSSION ON THE PARKS AND RECREATION CHARGE Finance and Information Services Director LaFrance introduced this agenda item and summarized the staff report accompanied by a PowerPoint. Present to provide input on the discussion was FCS Group Representative Doug Gabert, Public Works Director Rager, Assistant Public Works Director Wright and Public Works Division Manager Martin. Mr. LaFrance reported that parks are one of four things funded by the general fund, which has revenues growing by about 3.5 percent but expenditures growing at four percent. Small changes have been made to balance the general fund, but the parks'needs are growing faster than the city's ability to fund them. Tonight's discussion is a follow-up from the feedback received from the October 20 workshop. Input from October was to keep the fee structure simple, be mindful of all taxes and fees paid by residents, assume annual inflation escalation,compare rate options of other cities and charge both residential and non-residential. Mr. Gabert reviewed the slides in the PowerPoint showing comparisons of utility rates and cost of living of other cities, seven park service scenarios and the different fee rates for each of the seven scenarios. The financial model is built for the city to select the layers wanted and identify the required revenue for that scenario. Mr. LaFrance said three parts need to be addressed to keep the project moving forward. First, find out if council wishes to continue down the path of seeking an additional funding source for parks. Second, direction from council which of the park service scenarios are more or less desirable and which ones council would like to move forward with. Third,what means the council would like to pursue to collect revenue such as utility based revenue collection or a local option levy. Councilor Henderson said a need for scenario one had been established, so he was okay with moving forward with that one and desired for a more concrete need to be established with numbers for the remaining six. Councilor Goodhouse asked if there was a program that could be implemented for low or fixed income residents. Mr. LaFrance replied West Linn provides a low income discount reducing the fee by half of the regular as does Gresham. Details of what those entail or thresholds were not researched for tonight, but it is an option staff can look into. Council President Snider asked by doing that,the amount others would pay would have to go up to pay for that discount. Mr. LaFrance answered yes, in theory. Mr. Gabert replied if the parks remained in the general fund, you could charge cost based rates in utility the fee and then use a little general fund money as a subsidy for the low income discount program. This keeps the rates whole, defensible and the council accomplishes the policy objectives. Council President Snider suggested moving forward only with scenario one in the form of a utility fee or charge and take scenarios two through seven to a vote. One benefit of having it on the property tax statement is that it becomes a tax deduction. Charging it on the utility bill bears the burden on the person paying the utility bill, which means they cannot write it off on the taxes. On the property tax bill it is usually the owner. We could initialize the charge on the utility bill, take it to a vote and then remove it from the utility bills if it passes on the ballot. TIGARD CITY COUNCIL MEETING MINUTES—NOVEMBER 17, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 503-639-41711 www.tigard-or.gov Page 3 of 7 CJ Mayor Cook said the city currently has fees on the utility bill that will be increasing in a few months, so being a part of the property tax and a deduction for homeowners is a deciding factor. The way the revenue is assessed can hit residents differently. Mayor Cook stated he did not like levies because a city has to go back to a vote every five years to ask for more money. There are a few scenarios that do not qualify for a levy, but could qualify for a capital 20 year bond. He said with all the options, he was a little uneasy right now. Councilor Woodard said he was only in support of scenario four and six to free up enough dollars to accomplish what needs to be done now, only create a $2.00 charge on the utility bill and ensure the library to open on Thursdays. Mayor Cook commented scenarios four and six did not offset any funding. Councilor Goodhouse added only scenario one would free up money in the general fund and two through seven are new funding source requirements. Councilor Woodard said he would be comfortable with the other scenarios as long as the dollar amount is not above $2. Mayor Cook suggested starting with scenario one and then phase in the rest. Mr. LaFrance replied the quick answer is yes, if the goal is to take existing service levels and not address deferred maintenance. Then take the existing parks maintenance program and phase in the funding over a certain amount of time to free up an equivalent amount in the general fund. Councilor Woodard said maybe we need to look at two fees for scenarios four and six. Mr. LaFrance said that would not free up money, but council could decide to not pull parks out of the general fund and a fee could be implemented to fund those additional items. Councilor Goodhouse suggested implementing scenario one starting at 50 percent and increasing it over the next four years. This will free up more money for the general fund, allow us to get input on what is more important to the community for two through seven and then can look at adding something if it is important. Councilor Goodhouse also suggested doing a phase in for scenarios one and two with a level out during the third, fourth and fifth years. Scenarios three through seven would be looked at in the future. Council President Snider said he could support that approach. Mr. LaFrance summarized the discussion and said staff would return in January to implement a park charge based on scenario one and two with discussion during the hearing regarding how council wants to phase it in. This would include information about low income discounts. 4. UPDATE ON THE SAFE ROUTES TO SCHOOLS (SRTS) PROGRAM Safe Routes to School Program Coordinator Hormann summarized the staff report accompanied by a PowerPoint. Present to give support and input on the discussion were SRTS National Partnership Representative Kari Schlosshauer, Tigard-Tualatin School District Facilities Manager Phil Wentz, Templeton Elementary Principal Todd Robson, Amy Reilly and Jen Vasicek. Ms. Hormann said the SRTS program focuses on getting kids safely to their schools through events, education, infrastructure and enforcement. To build awareness about the program staff has meet with principals, been involved in back to school nights,worked with parents, and held the walk and bike to school day event. All elementary schools participated in this event and over 1,000 students participated. Staff is currently working on data collection of how students are getting to and from TIGARD CITY COUNCIL MEETING MINUTES —NOVEMBER 17, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov Page 4 of 7 school and then will produce safe route maps for the students. Staff is also working with other cities to learn about their programs such as the sidewalk gap program,Metzger school park, and a walk friendly community strategic plan. Ms. Reilly stated she used to walk her kids to school, but last year one of her kids wanted to walk to school only with her friends. She appreciates the education opportunities at the schools teaching parents and kids safer ways to walk to school and all the city is doing to make the community safer for the kids. Ms. Vasicek said her family bikes to school and is proud to live in Tigard where biking and walking is such a forward vision for biking and walking. The SRTS is her family's way of supporting the vision. Mr. Wentz thanked Tigard and complimented the staff on all their great, hard work on the SRTS program and obtaining the grant to fund Ms. Hormann's position. He stated he is excited to see the infrastructure being put in place for the program to be utilized the longest and most. An example of this is in the Metzger area where a pathway was built and will be used for years to come. As for the maps showed tonight and the data being collected, we will see boundaries changing to held safe routes. Ms. Schlosshauer said SRTS is fundamentally looking at the one mile to mile and half radius around the school where the kids do not have the opportunity to get picked up by a bus. This provides safe travel skills for crossing the street or riding their bike to school. She said she loves that is it complements the goal of being the most walkable community. Mr. Robson thanked the council for supporting this opportunity. Templeton Elementary's parking lot does not have the capacity to hold all the cars that come through during drop off and pick up times. This program helps families think about other alternatives to free up that congestion allowing kids to access the school safely. He said he was excited for the future. Councilor Woodard asked what the next project will be. Ms. Hormann answered Student education with a jump start bike education event, school improvement and action plans and to continue encouraging students to engage in walking and biking. Councilor Goodhouse stated parents have shared with him how the morning of the event there was so much traffic that the parents had to drive the kids, but they walked in the afternoon. This is true for every day. Parents are saying they want sidewalks to get the children to the schools. Mayor Cook thanked the group for their presentation and encouraged them to stay for the next presentation as it relates to sidewalks and a safer walking community. 5. CONTINUED DISCUSSION ON THE SIDEWALK GAP PROGRAM Finance and Information Services Director LaFrance summarized the staff report, accompanied by a PowerPoint, starting off with reminding the council this is a high level analysis, looking at this at a programmatic level, focusing on the primary routes and trails. He showed the gaps and the summary from the October 20 meeting on the PowerPoint. The program cost estimates discussed this evening will be for sidewalks only inside the city limits and will include sidewalks on both sides of the streets. Funding options were reviewed in a PowerPoint. TIGARD CITY COUNCIL MEETING MINUTES—NOVEMBER 17,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 5 of 7 Tigard Transportation Advisory Committee Member Elise Shearer voiced support for this program as it reaches the goal of walkability and assists the SRTS program. Focusing on connecting the sidewalks on major streets will also support transit users. Adding more bike lanes will help bikers travel and encourage less cars on the road. Ms. Shearer proposed phasing in sidewalks on one side of the street with completion of bike lanes. Sidewalks on at least one side of the street provide safe routes. TTAC Bike and Ped Subcommittee Member Ben Gooley said focus on building the arterials and collectors to provide a good alternative to get to desired destinations. This supports the smaller routes like parks and commercial districts. He suggested getting the job done first and then thinking of beautification later. Council President Snider suggested starting with the arterials and collectors. He shared an interest in refining the plan further with the type of approach TTAC is recommending of getting some sidewalks everywhere. Councilor Goodhouse said he has heard from parents that they would financially support this project. He suggested slightly increasing the gas tax and some having some on the utility bill. Council President Snider asked for clarification on the methodology and where the funds are coming from. Mr. LaFrance said it is estimated 20 percent will come from other sources like development and grants;not the gas tax. There could be another 20 percent reduction if the whole gas tax option is considered. Councilor Henderson said he has great sympathy for safety and sees a need for protection, but has concern that all this is accumulating past what people can pay. Councilor Woodard expressed his concern that we are adding too many fees and how successful something like this would be on the ballot. He wants to make sure this process is done right in order to support it. Ms. Shearer said if this goes to a vote the story will have to appeal to people's safety. Councilor President Snider asked which election this would be on. Mayor Cook suggested May as November is going to be crowded with other measures. Council President Snider asked what would need to be done for the May date. Mr. LaFrance said the council would have to approve the amount to seek by March and public information material will need to be created. City Manager Wine added the information campaign would have to be in place by the beginning of the year in order for the city to put something on the ballot in May. Mr. LaFrance noted the discussion is scheduled to continue to the December 8 meeting and will bring back more information for a ballot measure. Mayor Cook thanked everyone for attending and their presentation. 6. UPDATE ON ECONOMIC DEVELOPMENT PROGRAMS AND PROJECTS Economic Development Coordinator Purdy summarized the staff report and introduced Project Engineer Newbury. Mr. Newbury described the engineering components of the Hunziker Street and Wall Street Project saying in order to serve the future fire needs a 12 inch water line will be TIGARD CITY COUNCIL MEETING MINUTES—NOVEMBER 17, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov Page 6 of 7 constructed as well as a sanitary line. The request for proposal (RFP) was sent and the city received six responses. The project is currently at the negotiation stage. Mr. Purdy said he applied for an EDA grant for $8.5 million and a grant of$3 million of federal money. That leaves $5.5 million in a local match, which could come from current CIP projects and developer contributions. He said he felt optimistic in getting the grant. Councilor Woodard asked if there would be any additional saving on the engineer's estimate of$8.5 million. Mr. Newbury said until the city gets to the 30 percent design phase staff would not know. The city is currently in predesign phase. There is some contingency in those numbers. Mr. Purdy added staff expects to get to the predesign phase in March. Mr. Purdy presented a proposed enterprise zone intergovernmental agreement between the city of Lake Oswego and Tigard to create the Tigard-Lake Oswego enterprise zone. He stated this would be coming to a future council meeting for approval. Mr. Purdy stated the fourth company was certified for expansion in Tigard's enterprise zone, business roundtables are being held, and Tigard Downtown Alliance is putting finishing touches on the tree lighting ceremony and they continue to work on their cross street banner project. Lastly, a new economic development program has started to cultivate food entrepreneurs called Tigard's Table. A series of field trips for this designers table has been set up with the next visit being tomorrow. Mayor Cook thanked Mr. Purdy and Mr. Newbury for the presentation. 7. NON AGENDA ITEMS —None 8. EXECUTIVE SESSION—None 9. ADJOURNMENT At 10:34 p.m. Council President Snider motioned to adjourn the meeting. Councilor Goodhouse seconded the motion. The motion was approved by a unanimous vote of City Council present. Name Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Norma I. Alley, Deputy City Recorder Attest: Mayor, City of Tigard Date: TIGARD CITY COUNCIL MEETING MINUTES—NOVEMBER 17, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov Page 7 of 7 1111 in III City of Tigard Tigard City Council Meeting Minutes TIGARD December 15, 2015 1. WORKSHOP MEETING A. Mayor Cook called the City Council meeting to order at 6:33 p.m. B. Deputy City Recorder Alley called the roll: Name Present Absent Mayor Cook ✓ Councilor Goodhouse V Councilor Henderson ✓ Council President Snider V Councilor Woodard ✓ C. Mayor Cook led the Pledge of Allegiance. E. Mayor Cook asked Council and Staff for any Non-Agenda Items. City Manager Wine advised she had a report on non-agenda items. 2. JOINT MEETING WITH THE BUDGET COMMITTEE Finance and Information Services Director LaFrance introduced the budget committee members and reviewed the staff report accompanied by a PowerPoint. Mr. LaFrance reported since 2009 population has grown by 8 percent and the workforce is down 9 percent. General fund revenues grow by 3.5 percent and expenses grow by 4 percent. The general fund pays for police, library, community building and parks. He reviewed some revenue forecasts and said efforts are needed to ensure the city has enough money in the chauffeurs and ending fund balance. Staff always tries to target a budget that is sustainable throughout the forecast. Key decisions by the budget committee were current park maintenance costs of$2.2 million annually, during FY 16 council will establish a park maintenance fee to fund parks in a new way, and a hearing on the park maintenance fee is scheduled for January 12, 2016, which will allow the parks to be pulled out of the general fund. Some of the funds freed by moving the parks will be available for other services such as opening the library on Thursdays and to achieve the six year sustainability. The city will hit the target in 2021. Mayor Cook said each year the city can increase taxes by 3 percent, but that amount is not collected for various reasons. The work force decreased and population increased with a half percent difference. The graph on page 9 is showing a level budget, but that is not the case or expected as we increase the city. We are assuming we are a half percent down the whole time, but we are actually a whole percent and a little more. That keeps accumulating each year. Mr. LaFrance replied yes, that is correct. A level budget does not mean we are matching a service level. Rather, it is matching a staffing and materials level. The city is operating on a slowly eroding budget, not a level budget. Councilor Woodard suggested pursuing the parks and recreation charge. TIGARD CITY COUNCIL MEETING MINUTES—DECEMBER 15, 2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-4171 I www.tigard-or.gov I Page 1 of 5 Council President Snider suggested staff create white papers for items they would like to see funded. Then the budget committee would know what funds are available and what can be funded. Budget Committee Member Plotz said it had been frustrating to sit through meetings listening to all the proposals just to hear"we do not have the money". She agreed with Council President Snider that it is good to have the budget options laid out to provide the committee the ability to take action on those items. Budget Committee Member Rone agreed an allocated sum of money is needed for the budget committee to look at for allocations of things the committee wants. This allows the committee to air the pros, cons, what ifs and maybe not's that come up. Budget Committee Member Rix said seeing the white papers allows the committee to see the enterprise level of what is needed and how it aligns with the overall vision of the city. Mr. Rone asked what the process was for handling a situation where an outside non-profit group donates money to a department of the city, which required additional expenditures that may not have fit in the white paper process. City Manager Wine answered this refers to the donation of a K-9 dog which necessitated an officer to go with the dog creating an on-going expenditure. This is not something that would happen again. Mayor Cook said the committee needs to consider the PERS kicker the city is going to have to pay in the next two years' budgets. Mayor Cook thanked the committee for coming and welcomed the new members. 3. UPDATE ON THE TIGARD TRIANGLE PROJECT Associate Planner Caines,City Engineer Faha and Senior Planner Shanks summarized the staff report. Associate Planner Caines stated code workshops were held in September with nineteen meetings and over one hundred people in attendance. The consultants presented the lean code concenpt and zoning concpets and were well received by all the stakeholders involved. The first draft of the code was received the end of October. Staff has done a review and sent comments back to the consultant a few weeks ago. The code had been set up as a generic lean code for the entire city,not just the triangle. The set up was a little confusing so staff decided to ask for a major rewrite and reorganizations with less flipping around between the code chapters. It was intended to be easy to read and user friendly for the community. We are expecting to receive another draft the end of February. This code is going to be lean,which is different from our current code. There is a lot of momentum and interest to get the triangle code in place as there is interest in development there. We are thinking of doing a phase-in process for the code so we can start working on development in the triangle and address the stormwater. Another big thing in the triangle is the Metro CET grant. The triangle is turning into several different master plans, which is requiring multiple people to work on it, so Senior Planner Shanks has been brought in as a project manager for the CET grant. Mayor Cook said in the Triangle Network Plan on page 9, it shows 72nd Avenue a walkable pedestrian street, but the first three blocks are access streets. He asked why it was being chopped up three blocks in. Ms. Caines said it should be an access street and staff will look into that more. Mayor Cook said everything should be made walkable. Ms. Caines said even if it is an access street it should be walkable. Mayor Cook stated there is a high parking need in the beginning because the city does not have the high capacity transit or walkability there yet, but that need is going to decrease over time. He stated he TIGARD CITY COUNCIL MEETING MINUTES—DECEMBER 15, 2015 City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 2 of 5 would like to see the parking design be placed in areas that can be reused for other purposes such as pedestrian friendly streets. Ms. Caines said yes, the code would need to evolve over time. Councilor Woodard asked if there were any trail systems in the triangle. Ms. Gaines answered no,the majority is in the Red Rock Creek and there is no specific trail plan for the corridor so staff would have to ask for easements that could possibly be for trails. Councilor Henderson asked what considerations or accommodations are being made for influencing the vision and strategic plan. Ms. Caines said the walkable district goes with the transit corridor and we try to keep TriMet and Metro updated on our plans, so they are aware of what the city is doing and planning for the area. The city is making sure the plan is flexible enough to accommodate high capacity transit by looking at alignments set up. Mayor Cook thanked Ms. Caines for her presentation. 4. BRIEFING ON AN INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY REGARDING ROY ROGERS ROAD IMPROVEMENTS Senior Planner Shanks summarized the staff report highlighting the intergovernmental (IGA) coming forward and there has been a cap on how much we are going to pay. This IGA has been vigorously vetted by our finance department and staff. The county is going to build the improvements and then the city is going to contribute to the financing. We are paying 1/3 of this further down the line,which will allow us to take in the transportation tax and SDC development costs to fund our portion.We already have 1,000 new homes approved and there are more expected to go through the planning commission in the new year, so we are not worried about collecting this money. The city is on the design review team for the construction process and an active player to make sure our investment stays within our budget. Council President Snider said this is an example of government working well together and is well thought through. Mayor Cook thanked Ms. Shanks for her presentation. 5. UPDATE ON THE RIVER TERRACE DEVELOPMENT Senior Planner Shanks and City Engineer Faha summarized the staff report, accompanied by a PowerPoint, stating it had been a year since the adoption of the River Terrace Plan and the zoning. Ms. Shanks stated land use applications are being accepted for River Terrace. Since zoning was adopted, eight land use applications have been approved for about 1,000 new homes. The Planning Commission will review another land use application in January. Staff is working out aspects of the project and expect to see models homes erected in early spring. Councilor Woodard asked what the stormwater challenges were on the south side. City Engineer Faha answered the strategy to handle the stormwater is through these large regional detention ponds, which will also address past issues of erosion from stormwater. Some areas have severe topography and soil challenges and there is not a lot of placed to construct ponds in River Terrace. The Stormwater Master Plan addressed this issue by looking at two potential approaches of putting excess flows of pipelines to the Tualatin River or enhancing and reinforcing stream channels to the Tualatin River. The city is not TIGARD CITY COUNCIL MEETING MINUTES—DECEMBER 15,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-4171 www.tigard-or.gov Page 3 of 5 able to access all the stream channels staff wanted and the channels are not in pristine conditions right now. It is recommend to go with the pipeline approach and is probably going to be a funding challenge. Councilor Woodard asked if the development or the stromwater comes first. Ms. Faha said there needs to be a Stormwater Management Plan in place to direct the developers. Ms. Shanks said staff had been in contact with the city of King City staff and the CPO-4 King City neighborhood as they are interested in the water flow down the hill and with development. Staff is working on partnerships to get property owners on board. Councilor Woodard asked what the challenges were to have the stormwater go through the King City Urban Reserve Area (URA). Ms. Shanks responded it would be no more of a challenge than going through the city of Tigard's URA. Councilor Henderson asked why not consider Roy Rogers Road. Ms. Faha said the topography is not steep enough to get it to Roy Rogers Road as the city would need a variance in T8 and T9. They Mayor thanked staff for their presentation. 6. PRESENTATION ON THE 2015 COMMUNITY ATTITUDES SURVEY Communications Strategist Owens and Riley Research Associates Consultant Bolyard summarized the staff report accompanied by a PowerPoint presentation. Mr. Owens stated the city regularly have done surveys every two years and provide those summaries to the council. The survey ran in November and closed December 4'. It was promoted in cityscape, as a mass mailing to 3,000 residence several times, social media, committees, and library posted signs. Mrs. Bolyard summarized the results as presented in the meeting packet and PowerPoint. The telephone survey was done in conjunction with the online survey to get a large sample of residence and offered in English and Spanish. Councilor Woodard asked what the more creative things we can do to get the strategic plan to the public. Mr. Owens said going out to the neighborhood to engage the community with the ice cream social has been successful. The key is going out to where the people are. Mayor thanked them for their presentation. 7. DISCUSSION ON THE WALL STREET IMPROVEMENT PROJECT DESIGN AND CONSTRUCTION MANAGEMENT SERVICES CONTRACT Senior Management Analyst Barrett summarized the staff report. This RFP is for the full three phases of the project. Funding is approved for the full first phase. We are asking council to do a unique contract with awarding the contract with phase 2 and 3 as add alts and staff come back to council to award those two phases as funding becomes available. This process would provide consistency and could be less expensive. The contract does say there is no guarantee beyond the phase one funding. Council consensus was met to bring the contract to a future meeting on the consent agenda. TIGARD CITY COUNCIL MEETING MINUTES—DECEMBER 15,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 503-639-41711 www.tigard-or.gov Page 4 of 5 8. NON AGENDA ITEMS-None 9. EXECUTIVE SESSION: Mayor Cook called the executive session to order at 9:00 p.m. to discuss exempt public records under ORS 192-660(2)(f) held in the Red Rock Creek Conference Room. Chair Cook closed the executive session at 9:55 p.m. and reconvened the public meeting in Town Hall. 10. ADJOURNMENT At 10:01 p.m. Councilor Henderson motioned to adjourn the meeting. Councilor Snider seconded the motion. The motion was approved by a unanimous vote of City Council present. Name Yes No Absent Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Norma I. Alley, Deputy City Recorder Attest: Mayor, City of Tigard Date: TIGARD CITY COUNCIL MEETING MINUTES—DECEMBER 15,2015 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 503-639-4171 www.tigard-or.gov Page 5 of 5 114 " City of Tigard Tigard City Council Meeting Minutes TIGARD January 5, 2016 1. WORKSHOP MEETING A. Mayor Cook called the City Council meeting to order at 6:30 p.m. B. Deputy City Recorder Alley called the roll: Name Present Absent Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson V Council President Snider ✓ Councilor Woodard V C. Mayor Cook asked Council and Staff for any Non-Agenda Items. City Manager Wine advised she had a report on non-agenda items. 2. GOAL UPDATE DISCUSSION The Council reviewed the two-year goals set for 2015-17 for any potential needed updates. Recommended changes to each goal are as follows: Council Goals 1. Recreation • Add a reference to completing the facility use assessment in 2016 (facilities strategic plan) to identify the future facility needs for a recreation/community center 2. Downtown • They celebrated that Burnham/Ash, gateway improvements and Strolling Street were basically done, and acknowledged that the main thing needed to achieve this goal would be to help to fund staffing for the TDA and financial support for TDA activities. 3. Tigard Triangle • The Council celebrated the adoption of the Strategic Plan and acknowledged that they would like to be more involved and knowing about the specific efforts underway for the upcoming year. • Redraft this goal to be much more specific as to what will be done in 2016 and what will roll into 2017 and the actions that will be needed by the Council. • Mayor Cook referenced lean code revisions,urban renewal for the Triangle to go to voters in November 2016, and other planning and land use changes that would be coming before Council that need to be referenced in this goal. 4. Enable Groundbreaking in River Terrace by Summer 2015 • Declaration of victory on 95% of this goal TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 5, 2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov Page 1 of 2 • Redraft "public facilities" section of this goal to recognize when stormwater analyses and solutions need to be found, what will specifically be done (that the Council has to act on) to achieve this in 2016 • Add"achieve walkability aims of Strategic Plan in River Terrace by following through on pedestrian planning efforts." 5. Community Engagement • Change "1x10"to "Continue Council outreach meetings" • Add"seek input on and outreach about the sidewalk connection program for a May 2017 ballot measure to place before voters." 6. New Goal: Define and establish the city's role in addressing homelessness. Council also identified issues (not goals) they want to continue to track in 2016 and schedule Council workshops that include: • Annexation • Charter review • SW Corridor • Pacific Highway (congestion and aesthetics) • Future possible ballot measures • Strategic Plan next steps • Sustainability 3. COUNCIL LIAISON ASSIGNMENT REVIEW Council reviewed the Appointment Matrix and shifted some liaison responsibilities. An updated matrix will be sent in a future Council Newsletter 4. NON AGENDA ITEMS-None 5. ADJOURNMENT Mayor Cook adjourned the meeting at 7:54 p.m. Norma I. Alley,Deputy City Recorder Attest: Mayor, City of Tigard Date: TIGARD CITY COUNCIL MEETING MINUTES—JANUARY 5, 2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-41711 www.tigard-or.gov Page 2 of 2 '' City of Tigard Tigard City Council Meeting Minutes TIGARD February 16, 2016 1. WORKSHOP MEETING A. Mayor Cook called the City Council meeting to order at 6:30 p.m. B. Deputy City Recorder Alley called the roll: Name Present Absent Mayor Cook V Councilor Goodhouse V Councilor Henderson V Council President Snider V Councilor Woodard V C. Mayor Cook led the Pledge of Allegiance. E. Mayor Cook asked Council and Staff for any Non-Agenda Items. Mayor Cook declared he had one item. 2. ANNUAL REPORT ON THE MUNICIPAL COURT PROGRAMS AND CASELOAD Judge O'Brien, Central Services Director Robinson and Court Supervisor Gliebe summarized the staff report accompanied by a PowerPoint.Judge O'Brien stated a vast majority of court citations consist of minor traffic crimes. There were 24 civil infraction out of 6,000 cases. This may be lower because staff has been successful at taking care of these before going to trial. The court implemented the expanded diversion program, had a reorganization in the court division with the hiring of a court supervisor and are currently working on a brochure to explain what it means to be in default judgment.Judge O'Brien and staff reviewed the disposition process of how cases are resolved, and provided budget highlights. Councilor Henderson asked how many accidents are cell phone related.Judge O'Brien said he heard of a ten percent contribution, but not aware of any definitive studies. Councilor Woodard asked if the e-payments had been increasing. Ms. Robinson replied it is fairly popular, but it is mostly used for those making monthly payments. Council President Snider asked what the administrative costs were for paying online and suggested passing on any savings to people.Judge O'Brien said he would be open to that, but would want staff to do more research before committing to anything. Mayor Cook thanked staff for their presentation. TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 16,2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 503-639-41711 www.tigard-or.gov Page 1 of 3 3. DISCUSSION ON A POTENTIAL INTERGOVERNMENTAL AGREEMENT WITH METRO FOR A COMMUNITY PLANNING AND DEVELOPMENT GRANT Senior Planner Shanks reported the city was awarded a grant in November,2015. The IGA, in the council packet, associated with that grant is pretty standard language and was reviewed by the city attorney. Exhibit A lists out all the city's responsibilities with milestones, deliverables and grant payments once the milestones are completed. Ms. Shanks pointed out that Exhibit A shows the lean code payment has no payment because that is our local contribution. Milestone 4 is where we would get the grant money regarding the trail. A deliverable the council may find interesting is the creation of the Urban Renewal Plan, site analysis and streetscape designs. Milestone 6 is the rebranding strategy in the grant application and staff thought this would be the education element to the voters. An RFP went out on January 22 and the city received three proposals. We are hoping for a contract award in March assuming the council wants to move forward with the IGA. Councilor Henderson asked how does the budget cycle work in payment and receipt of monies. Ms. Shanks said we would receive the funds in next year budget and those expenses have already been accounted for in the budget. Councilor Henderson asked what the in-kind requirements were. Ms. Shanks answered staff time. Mayor Cook clarified these are reimbursement grants, so we must do everything and then submit for reimbursement to the city. Council consensus was to place the IGA on a future council meeting consent agenda. 4. DISCUSSION REGARDING RENEWING ANNEXATION INCENTIVES Associate Planner Pagenstecher summarized the staff report stating the two items of focus for tonight are for council to provide staff their desire for approval of the resolution for next week and discussion of what to do for future years. Mr. Pagenstecher pointed out some housekeeping changes made to the resolution that would be considered for approval at next week's meeting. Councilor Goodhouse commented he was in support of moving forward with the resolution presented tonight, but letting it sunset after a year as it did not seem to be enticing people. The city needs to do something different. He stated he wished to renew conversations with the Bull Mountain community about annexation. Mayor Cook said council has a full plate to start conversations in the next four to six months, but it is a good idea for the long run. Councilor Woodard agreed with having a sunset with the current resolution and looking at other annexation options and starting conversations with the community. Councilor Henderson said the city needs to work with the county on the urbanization design and plan to create a culture of working together for the same goal. Mayor Cook said he would like to add in the resolution a timeline stating developers would have to pay the city back if they redevelop lots within a certain time frame. For example, if someone buys property with one house on it and then tear it down to develop thirty,the developer would have to pay the city the amount of the incentive. Consensus by council was to protect the city by putting in a timeline so when someone develops they pay the incentives amount back to the city. Mr. Pagenstecher agreed to add language of a five year redevelopment clause. TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 16,2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 97223 1503-639-41711 www.tigard-or.gov Page 2 of 3 Council President Snider stated in order to continue to support the resolution,staff has to demonstrate compelling value and the county has to say they are done with providing services to Bull Mountain. Councilor Henderson agreed that at this point an annexation of Bull Mountain is in the county's hands to make it happen. Mayor Cook thanked staff and requested it not be on the consent agenda for a future meeting. 5. NON AGENDA ITEMS Mayor Cook requested the council consider the possibility of having a ballot title prepared for an increase in gas tax on the May ballot. Council President Snider said he could support a ten cent a gallon gas tax and preferred it to go to the November election. Councilor Henderson said he could support a gas increase on the ballot. Councilor Goodhouse said he would support it for sidewalks and the safe routes to school program, but had concerns about not having time to put together a plan for use and getting the word out. Councilor Woodard said he had reservations about ten cents. 6. EXECUTIVE SESSION: Not held. 7. ADJOURNMENT At 8:16 p.m. Councilor Goodhouse motioned to adjourn the meeting. Councilor Snider seconded the motion. The motion was approved by a unanimous vote of City Council present. Name Yes No Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Norma I. Alley, Deputy City Recorder Attest: Mayor, City of Tigard Date: TIGARD CITY COUNCIL MEETING MINUTES—FEBRUARY 16,2016 City of Tigard 113125 SW Hall Blvd.,Tigard,OR 972231503-639-4 I 711 www.tigard-or.gov Page 3 of 3 City of Tigard Tigard City Council Meeting Minutes TIGARD March 8, 2016 STUDY SESSION A. EXECUTIVE SESSION: Mayor Cook read the citation for an Executive Session called to discuss real property negotiations under ORS 192.660(2)(e). The Executive Session ended at 7:19 p.m. B. COUNCIL LIAISON REPORTS Councilor Henderson shared information from the Regional Water Providers meeting regarding earthquake preparedness communication. He distributed illustrations of the bus banners urging citizens to be prepared. He stressed the importance of storing drinking water at home for emergency use. Councilor Henderson said that the Tigard Youth Advisory Council members are creating memes to publicize the smoking ban in parks. He said they TYAC is also working on the little free libraries and he helped them by developing plans for the boxes. The first one will be installed at Symposium. Registration for a little free library is $65 for the national organization which gets them a plaque for the box and placement on their map. Administrative Items: City Manager Wine noted that council received a briefing during a February discussion on the Community Development Block Grant (CDBG) entitlement status and confirmed the city got official notice of a $100,000 award for the Commercial Street sidewalk project. City Manager Wine discussed some upcoming staff transitions. Associate Planner Grass has accepted another position within the city and will be working for Public Works Director Rager as the public works department executive assistant. Associate Planner Floyd will be leaving the city to work for the Washington County Planning Department. Mike Nolop has been hired as the IT Manager. He previously worked for Tigard as a network administrator. Ms.Wine said she was unsure how much detail council wanted on staff transitions and Council President Snider said at a minimum he would like to hear about management team or any staff who interact with council. She noted that another facility has come in for a pre-application meeting for a marijuana business in the 13500 block of Pacific Highway. 1. BUSINESS MEETING A. At 7:33 p.m. Mayor Cook called to order the City Council and Local Contract Review Board meeting to order. TIGARD CITY COUNCIL MEETING MINUTES — March 8, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 6 B. Mayor Cook asked City Recorder Kruger to call the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council Henderson ✓ Mayor Cook announced to the crowd that Councilors Woodard and Goodhouse were in Washington,DC representing Tigard at the National League of Cities Conference. C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. Tigard High School Student Envoy—Associated Student Body President Azbari gave a report on Tigard High activities and events. For the past month they have had Teacher Appreciation but this time teachers and staff were encouraged to request items such as food and beverages. Leadership students arranged for warm lunches or other treats for the teachers. The girls basketball quarter-final game is tomorrow at the University of Portland. A free rooter bus will transport students from the high school to and from the game. The second poetry slam was held and they got with an even larger crowd. They just started a Bridge the Gap hygiene supply drive for local homeless people. The Tigerette dance team is heading to the national competition. Leadership election activities have begun. C. Tigard Area Chamber of Commerce—CEO Debi Mollahan said the Bowlorama event was successful. The chamber has networking every Thursday evening and their online calendar has time and location details. The Farmers Market will be opening earlier this year on Sunday,April 24. There are some new vendors and there will be eggs,meat and other new items for sale. They got a music sponsor this year which has been a goal of the chamber. This will help them provide more consistent musical entertainment. The Downtown Tigard Art Walk is scheduled for May 14. D. Citizen Communication—No one signed up to speak. TIGARD CITY COUNCIL MEETING MINUTES — March 8, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 6 3. CONSENT AGENDA: (Tigard City Council) — A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: January 26,2016 February 2,2016 C. PROCLAIM NATIONAL COMMUNITY DEVELOPMENT WEEK Council President Snider moved for approval of the Consent Agenda as presented. Councilor Henderson seconded the motion and all voted in favor. Yes No Council President Snider ✓ Councilor Woodard (absent) Mayor Cook ✓ Councilor Goodhouse (absent) Council Henderson ✓ 4. RECEIVE PRESENTATION ON WASHINGTON COUNTY COMMUNICATIONS SYSTEM BOND MEASURE TVF&R Division Chief Sherrard and Tigard Police Chief Orr presented this item. Chief Orr said there is a Washington County Communications Agency (WCCA) System Bond Measure on the May 17, 2016 ballot. The 9-1-1 emergency communication system consists of towers,buildings, equipment,radios, fire alert systems and other technology. He said WCCA has done a tremendous job keeping it running for as long as it has. When a citizen calls 9-1-1 the system dispatches first responders countywide. It is used to transmit information on possible emergencies, to inform responders about an incident while en route and to coordinate with other units and agencies while on the scene. He said the equipment has been in service since the early 1990s and is reaching the end of its useful life. Manufacturers no longer support the current system and replacement parts are difficult to obtain. TVF&R Division Chief Sherrard gave specifics about the bond. He said with voter approval Washington County will issue general obligation bonds to pay for$77 million of capital costs for 9-1-1 equipment and facilities. This will include converting the existing system to digital technology,improving countywide coverage by installing additional towers, strengthening facilities in the event of earthquake or other natural disasters and providing expansion for the continually growing county. It includes replacement of 3,000 radios used by first responders in 19 different entities using the WCCA system. Division Chief Sherrard said the proposed levy is TIGARD CITY COUNCIL MEETING MINUTES — March 8, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 6 not expected to be more than 8 cents per thousand and will last less than 21 years. For a house assessed at$250,000 it would be approximately$20 in the first year. A competitive bid process will be used for the purchasing with the hope that the costs can be kept as low as possible. Council President Snider asked which entity would issue the bonds and in response Division Chief Sherrard said it would be Washington County. Mayor Cook added that it must be voted on. He noted that digital technology becomes outdated very quickly and questioned the 20-year bond period. He asked how to tell the public that they are paying for something for 20 years that will be outdated in less time. Division Chief Sherrard said this bond will also cover upgrades and subscriber fees paid by the entities can help with other changes or new technology not contemplated during the issuance of the bond. In response to a question on communication towers,Division Chief Sherrard said many entities use these facilities. Police Chief Orr commented that Tigard uses Clackamas County towers and agencies are already sharing towers. Mike Fletcher from WCCA said they use a combination of towers owned outright, leased towers and towers they co-locate. Mayor Cook noted that towers may not be popular with citizens but they love the coverage and cutting down the number of towers is a good thing. He noted that a selling point to the public is that WCCA can lease space on their tower facilities to others. Mr. Fletcher referred to Mayor Cook's question on keeping up with changes in technology and said a component of the purchase plan is that the equipment will be refreshed and kept current with the latest technology. Council President Snider asked about depreciation and if the public would need to do this again in 21 years. Mr. Fletcher said they do not know what the future will be and technology could change dramatically in that time. Council President Snider asked if text to 9-1-1 will work with the new equipment. Mr. Fletcher said it will be working soon in Washington County. Officially it is a state system and a pilot program for the Portland metro region is in process. Councilor Henderson asked if other counties are upgrading their programs as 9-1-1 does not stop at jurisdictional borders. Chief Sherrard said Multnomah County is already in the process. The Salem area 9-1-1 agency is upgrading their radio equipment. Clackamas County is in the same process and is talking about a bond measure. Clark County,Washington has also and Marion County just completed their request for proposals. The national system is moving from analog to digital. Councilor Henderson asked what would happen if this did not pass. Division Chief Sherrard said it would fall back to each jurisdiction to figure out how to pay for their portion. Police Chief Orr said$5 million would be Tigard's portion. Mayor Cook thanked them for coming and urged everyone to vote on favor of the bond measure in May. 5. LOCAL CONTRACT REVIEW BOARD: AWARD CONTRACT FOR 95Th AND NORTH DAKOTA SIDEWALK INFILL Public Contracts Manager Barrett and Senior Engineer McCarthy spoke to council about the 95th Avenue and North Dakota Street sidewalk project contract. Mr. Barrett said there were some TIGARD CITY COUNCIL MEETING MINUTES— March 8, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 6 changes to the contract since it was last discussed at council. Two driveways had to be added to the project,making the contract total$131,615. Staff will bring a third quarter supplemental budget to council to transfer money from the gas tax for these additional driveways,a contingency and additional right-of-way costs. Staff has also asked Washington County for additional money. Mr. McCarthy said Washington County staff recommended approval of $30,000 in additional funds and the decision on this will be made at the next CDBG Policy Advisory Board meeting. City gas tax funds will make up the additional$30,000. Councilor Henderson asked if$92,000 in engineering costs were a normal fee. Engineer McCarthy said engineering costs were higher than normal partly due to the extensive federal right-of-way process involved. He said another aspect to higher engineering costs was the use of porous concrete, a material new to Tigard that took more time to engineer. Councilor Henderson noted that the other contractor bids were higher and Mr. Barrett said one factor for the low bidder is that they do have their own concrete crew which gave them an advantage. He said staff received a protest to this award because of an incomplete form but it was determined they did not have to provide that form. He said this was communicated to council in a memo to council last week. Council President Snider moved that the contract to be approved as presented. Councilor Henderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard (absent) Mayor Cook ✓ Councilor Goodhouse (absent) Council Henderson ✓ Public Contracts Manager Barrett said the next step is to bring a supplemental budget to council for approval and the amount will either be $60,000 or$30,000,dependent upon action the CDBG Policy Advisory Board takes. Mayor Cook thanked staff for including photos in the agenda packet and said they were helpful in explaining the project layout. 6. NON AGENDA ITEMS None. 7. EXECUTIVE SESSION None scheduled TIGARD CITY COUNCIL MEETING MINUTES — March 8, 2016 City of Tigard I 13125 SW Hall Bl d.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 6 8. ADJOURNMENT At 8:08 p.m. Council President Snider moved for adjournment. Councilor Henderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard (absent) Mayor Cook ✓ Councilor Goodhouse (absent) Council Henderson ✓ Carol A. Krager,City Recorder Attest: John L. Cook,Mayor Date TIGARD CITY COUNCIL MEETING MINUTES — March 8, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 6 of 6 AIS-2606 3. C. Business Meeting Meeting Date: 04/12/2016 Length (in minutes):Consent Item Agenda Title: Authorize the City Manager to Sign an Amendment to the the Metro IGA for the Fields Property Management Prepared For: Steve Martin,Public Works Submitted By: Steve Martin, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Shall the Council authorize the City Manager to sign an amendment to the Metro IGA for the Fields Property to allow construction of the Fanno Creek Trail on the Fields and Brown properties? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that Council authorize the City Manager to sign the amendment. KEY FACTS AND INFORMATION SUMMARY The 26-acre Fields property was jointly acquired between Tigard and Metro in 2012. Metro and Tigard entered into an IGA for the maintenance and management of the Fields property in 2013. The Fields IGA was amended later that year (First Amendment) to include the adjacent 11-acre Brown property that had been acquired by Metro prior to 1999. The IGA and amendment set forth the responsibilities of both parties and provides direction before future developments might occur on the properties. Later that year,Tigard and Metro jointly developed a concept plan to protect the natural resources and showing where the Fanno Creek Trail would be placed as it crosses the properties. This Second Amendment to the IGA will allow the City of Tigard to design and build the Fanno Creek Trail across both properties with the RFFA grant. OTHER ALTERNATIVES Council could choose to not authorize an amendment to the IGA,and direct the trail be placed elsewhere. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS The Fanno Creek Trail greatly enhances Tigard's Strategic Plan of being a walkable city. DATES OF PREVIOUS COUNCIL CONSIDERATION Council was informed of this pending IGA amendment in study session on October 13, 2015. Fiscal Impact Fiscal Information: This amendment has no direct fiscal impact. Attachments Fields 2nd Amendment Fields IGA Fields 1st Amendment SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT Management of Fanno Creek Open Space Property Fields Trust/Brown Natural Area Tigard,Oregon This Second Amendment to Intergovernmental Agreement (this"Second Amendment") is by and between City of Tigard (the "City"), and Metro, an Oregon municipal corporation. This Second Amendment is made and entered into as of the last date of signature indicated below (the "Effective Date"). RECITALS A. The City and Metro are parties to a certain Intergovernmental Agreement dated March 8, 2013 (the"Original Fields Trust IGA"), Metro Contract No. 931912, as amended by a First Amendment dated July 16, 2013 (the "First Amendment,"and together with the Original Fields Trust IGA, the "IGA"). B. Pursuant to the IGA, the City and Metro jointly manage approximately. 38 acres of real property in the City of Tigard, known as the"Brown Natural Area," as depicted in Exhibit A to the First Amendment, 2 acres of which Metro owns and 25 acres of which Metro and the City jointly own. C. On April 28, 2011, the City of Tigard approved the Tigard Greenways Trail System Plan, which identifies the Fanno Creek Trail as a regional trail, and also includes 3,000 feet of Fanno Creek Trail through the Brown Natural Area, connecting the Tigard Public Library to Milton Court and Bonita Road (the "Brown Segment"). D. In 2013,the City and Metro jointly developed a Site Development Concept (the "Site Plan"),based on input from project representatives, a public open house, and online survey, which Site Plan is attached as Exhibit A to this Second Amendment. E. The Site Plan describes future development and protection of the Brown Natural Area, including the Brown Segment, as discussed in more detail in Section 1 of this Second Amendment and as depicted on Exhibit A. F. As of the date of this Second Amendment,the City has received a 2016-2018 Regional Flexible Fund Grant to construct four segments of the Fanno Creek Trail, including the Brown Segment. G. The City and Metro wish to enter into this Second Amendment to provide for the responsibilities and obligations of the parties for the funding, design, construction, management and maintenance of the Brown Segment and associated site improvements in accordance with the Site Plan, the terms of this Second Amendment, and the IGA. Page 1 —Second Amendment Fields Trust IGA H. Capitalized terms used in this Second Amendment shall have the meanings given to them in the IGA, except as expressly modified by this Second Amendment. AGREEMENT In consideration of the foregoing, the parties hereby acknowledge and agree as follows: 1. Interim Period. Section 2(a) of the Original Fields Trust IGA calls for joint development of long-term management guidelines for the Brown Natural Area (the "Site Conservation and Management Plan") and Section 3(e)requires joint development of a master plan(the "Master Plan"). The parties agree that the City shall take the lead to develop both documents,with the support of Metro, and the documents shall remain subject to both parties' written approval. 2. Site Development Concept. In 2013, representatives from both the City and Metro formed a project team to develop a mutual understanding of the site program at the Brown Natural Area. The team met five times and hosted a public open house and online survey, resulting in the Site Plan for the Brown Natural Area. For the sake of clarity, the parties acknowledge and agree that the Site Plan is an interim step in the development of a long-term management strategy for the property and does not replace the Site Conservation and Management Plan or the Master Plan discussed in Section 1, above. To support the work to create the Site Plan, the consultant team of Nevue Ngan Landscape Architects was hired and Pacific Habitat Services provided a wetlands determination. Based on the public comments, team discussion, and review by managers, Metro and City agree on the following recommendations: (a) Restoration (i) Site restoration is the primary value and action on the site. Importance is placed on the riparian corridor,the remnant oak savanna and the potential habitat for turtles. (b) Develop the Fanno Creek Trail (i) Alignment considerations: The trail is recommended to cross Fanno Creek with a pedestrian/bicycle bridge at the library. The trail will cross the open field and as it goes through the woods, avoid trees if possible, with the emphasis being to avoid impacts to the oak trees. The trail exits at Milton Court. This street may be considered for design revisions to comfortably delineate the trail within the right- of-way,potentially with a green street design solution. (ii) Design considerations: A 10', paved trail with l' shoulders is assumed, with 12' where emergency vehicle access is needed. (iii) Options not recommended: After consideration, the team does not recommend the trail entering the site directly from Hall Blvd. There is private property, Page 2—Second Amendment Fields Trust IGA consideration of turtle nesting habitat and a lack of proximity to the library and nearby neighborhood. (c) Sports fields (i) The goals for the site include natural resource protection and active use, with options on the eastern portion of the property for active use including sports fields. (ii) In the future, if the City of Tigard finds that additional sports field sites have not been located elsewhere in the city and pressure on existing fields is problematic, a public process will be held to determine how sports fields are developed at the property. (iii) Given this possibility, the site concept will set aside an area for sports fields. That area may be included in restoration efforts with the understanding that planting may be removed in the future. Given this consideration, no trees will be planted in the area designated for possible sports fields. (iv)When sports fields are developed,parking options will be evaluated. Any potential parking will be designed to minimize impacts to the natural resources. Parking will be accessed via SW Milton Court,but the specific location has not been determined or approved. Emergency vehicle access will be needed along with a turn-around and a permeable pavement treatment will be used. An additional parking analysis, to address access and site design issues, will be funded by the City of Tigard. (v) In response to the sensitive habitat, sports fields would be low impact by design. The fields would be grass, with no lighting, and played seasonally. From approximately November through March the fields and the associated road/parking function would be closed. (d) Existing, informal trail (i) The project team discussed the informal, dirt trail along Fanno Creek with several considerations. (ii) The trail has been a conduit for people with transient camps and the associated security and health concerns. (iii) The trail serves the management actions such as checking on transient camps. (iv) People like to walk it and it potentially serves as a loop. (v) The recommendation is that this trail be developed and monitored in the current, or nearby location, with 3-ft. soft surface trail that makes a loop with the Fanno Creek Trail. 2. Trail Design and Construction. The City shall be responsible for the design, permitting, construction and funding of the Brown Segment of the Fanno Creek Trail and any other associated site improvements substantially as depicted in Exhibit A: the Site Plan. Per Section 2(c) of the Original Fields Trust IGA, the City shall not allow or permit any alteration of any water, timber, mineral or other resource on the Property without Metro's approval in writing of such action. The City agrees to submit design documents to Metro Parks and Nature Department for review and approval at 10%, 30%, 60%, and 90% completion. The City shall not Page 3 —Second Amendment Fields Trust IGA proceed with design or construction without written approval from the Metro Parks and Nature Project Manager at each stage. Metro shall provide its written response within 15 days of receipt of the City's design documents. The City agrees to obtain prior written approval from Metro for any material deviations from this agreed upon site plan and agreed upon designs. 3. Ownership and Management. The City shall own any improvements it constructs on the Brown Natural Area. Ownership of improvements will not have any effect on ownership of real property. Pursuant to the IGA,the City shall be responsible for management, maintenance, security and operation of Brown Natural Area including any improvements. 4. Signage. The City agrees to include and pay for Intertwine wayfinding signage, and additionally,post signage stating funding for Brown Natural Area includes funding from the 2006 Metro Natural Areas Bond Measure. 5. Miscellaneous. This Amendment may be executed in counterparts and delivery by facsimile or e-mail shall be sufficient to form a binding agreement. The IGA is modified only in the specific respects set forth in this Second Amendment. Except as expressly modified herein, the IGA remains unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment effective as of the Effective Date. CITY OF TIGARD: By: Print Name: Title: Date: METRO: By: Print Name: Title: Date: Page 4—Second Amendment Fields Trust IGA Exhibit A Site Plan (add as PDF upon completion of IGA) c:�_ • • \\ \ 4/ LOVING emus •r,ACM • \ +�� REFINED CONCEPT ;, - • IOMM.nmu nuu -dw0! I she mimed concept 28 d conquo�a bre+e ens and adpc propenes a nakd.a •ave pat • - \ .4 : 'yy9OOl.V�D -I SA416 moth the Fav*Creat reurvn r a and an acre patch worth 1 .aw `� y�( Itetdwnwaru forested*nand veVuhlD \ ' I to,.SITU a rn-Ar IC 1:O. y f.s. ) y FINAL RICOMPUNDAT10Mf I 1 tp� I ennTertnrr.:,warn I RESTORATION 1 ., .�.API,TO '� • ' bete t nce a end mritnAix anti die romathe n, M '� flE_65 PVc pargn carr, IpoMntnl luhta br Nrtln —. a• ��I T \T nrttaa moray 2 FA NO CAM(TRAIL DEVELOPMENT n, ` - -- f._ ) 4 euaTFAa( Absernenti cross Famo Creel.nerds a pada v eflk p etoOnelvr bicycler ylae .the M1narr Alan pa,tMwph open field J / 1 where P«srble Throneh the woods,word tree..moth +n, J _ -0-.....„..,...,.:aa aIle ver,.The deal ends III 'IF"S'AwM(L,_ \ , WAn 4hem914$ Mkan to The roan nus a rmd.n' a h — ._.. \ 2 MIlAL Nall.f sem o.Joreab r ddeeace the deer mann t- i d way.:A l T a northto prem street dnKn • Deftly:A where nes moth shoulders ono s assumed, • . \� a pt or oaa rt n^e ndec yehrtY xces•.n mended 1 -maim) ppnonan «me dell Aftercorn den h /_ .. • ..�� _ r/ .,\\ 1 T 11,0=TOallOav ICRODICT.ACCIIZ: team does not recommend a trod commotion Precut horn Mae&cd doe w turtle nn 1 • "s.„,,.....„,,.\\' •+~ \1. 1.11121 a WM ren. ow and a d Po'ayrrtt�o My6MuY and nearby I MCOJWm 1 - waDDwr TN rah b n*Ws natural resaarte pruecvon SPORTS FIELDS t . 1 t ` 1 '..� \•': and acne use.wen°owns«the wswn pontoon d to •Lr y M spa-¢held ln the future d the Crty of Torun Yp .`e t. \ _ fells that prnrve on.x moron,fields n problem.a wbhc 1^Y 1e _ process woebe held to determine how worts fields ane to be Q �. yf— deyebped an the property $ a �.a •_, r• Given tM passbky the R me set aide an area for - h�� - I we-. - sports said moth the blbo:e%canideretan .t. • !elf- �r a \ - Resmearim.The nerdy b worts fields nus �a \ 1� { be included n mtoraum Amu moth the a derstandre - ' I `wnwa \1 • tr that pbd.q moor be rnm.ad n the future Cmen TTT _ ten tenoned for ermine no ems.r0 be panted the area des�gruvd br poarble sp«o fwd ri ' \ r • Renal and emergency access:Should seem sfield d parkng moth be desagnel to metro 4 �� _ .. Ira ncrtm Rita —_ — .rumroods E renames ma Or locatedro dose N .n::aa i e[nc V, i�nTf.:n \ fMaa Ca.t.M eel mad«_ .,d aa..rsag the Si �y a* "Cann.w \ be needed Permeable pewswirecle wt w be tsed ��M ® sour SIAN. r Design:pa.d sports field1 be s,developed.they.moll �" �� warn be From m app•011oar eters Novo no r throe std arch nal doe MtOK C etal Fmm�V�naateYl November lbweh hath doe �i� k ��I `.. field and INFORMAL Associated rL TRAIL mould be closed .,r T EXISTING kVFOArll1lTR 4 _ d ~ «x �� Tern 1 tlaoiW M developed and raavrat«W.n a nerent K - _ \ M 10,1t41 moth a -mod sort serf ace Kao het miles aa- � , If If - .-1 I„ .. 'Aar+"" 'T. t e ` l.1 • 4%016TL�tlsi. \ Page 5 -Second Amendment Fields Trust IGA INTERGOVERNMENTAL AGREEMENT (Fields Trust Property Management) This Intergovernmental Agreement ("Agreement")is entered into this VI day of Mara" ,2013 (the"Effective Date"),by and between THE CITY OF TIGARD, a municipal corporation(the "City"), and METRO,a metropolitan service district established pursuant to Oregon law and the Metro Charter("Metro"). RECITALS A. On September 13,2012, Metro and City jointly purchased certain real property located in the City of Tigard, County of Washington, State of Oregon, commonly known as Tax Parcel 1200(R0456081) in Section 1 of Township 2 South,Range 1 West of the Willamette Meridian, and more particularly described on the attached Exhibit A(the"Property"). B. The Property is located within the Fanno Creek Target Area, an area specifically identified in Metro Ballot Measure 26-80 (the"2006 Natural Areas Bond Measure")as regionally significant due to its wildlife habitat values and its contribution to water quality. C. Metro and City wish to manage the Property to protect water,habitat,and to restore native species and therefore desire to enter into this Agreement to provide for the responsibilities and obligations of the parties with respect to the management,maintenance, and operation of the Property in accordance with the provisions of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the mutual covenants of the parties set forth in this Agreement,the receipt and adequacy of which are acknowledged,the parties agree as follows: 1. Initial Stabilization Period. Metro may take whatever actions it deems appropriate,in the period immediately following Closing,to stabilize the Property, which stabilization activities may include construction,maintenance,or repair of facilities,projects,or improvements(such as fences or gates),removal of invasive plants,and replanting of native plants. Except for those items specifically delegated to the City as set forth on the Communication and Maintenance Schedule attached hereto as Exhibit B, Metro will bear all costs associated with implementation of the stabilization program. Notwithstanding the foregoing, Metro shall not construct permanent improvements without advance notice to the City and obtaining written consent from the City. 2. Interim Protection Guidelines a. From the effective date of this Agreement until completion of the Site Conservation and Management Plan,as defined below in Section 3 (the"Interim Period"),the City shall manage,maintain, secure, and operate the Property in accordance and in a manner consistent with the Metro Greenspaces Master Plan,the Tigard Municipal Code,the Tigard Page 1 —Fields Trust Property IGA 300,4-7o89716AField sPropc ry12612drnI,n4/2013 Parks and Recreation Master Plan,and this Agreement(this Agreement and these plans collectively referred to herein as the"Plans"). In case of conflict among Plans,the Plan affording the highest level of resource protection shall govern. b. During the Interim Period,the City shall control security and access to the Property,and shall respond to neighborhood or citizen complaints regarding improper use on the Property in accordance with the Communication and Maintenance Schedule attached hereto as Exhibit B. Following Metro's completion of its stabilization activities,the City may,at its discretion,allow informal public access to the Property for passive recreation,habitat enhancement,and pedestrian activity. All uses of the Property in the Interim Period shall be consistent with this Agreement and with the Plans. The City shall not allow any such informal use if to do so would effectively preclude any potential uses of the Property that could later be allowed in the Site Conservation and Management Plan. c. Following Metro's completion of its stabilization activities,the City shall not allow or permit any alteration of any water,timber,mineral,or other resource on the Property, except for the control of exotic,non-native, invasive,or pest plant species,as necessary to prevent Property degradation,or to address security or public safety concerns. A list of the anticipated vegetation management activities to be conducted by the City is set forth in the Communication and Maintenance Schedule attached hereto as Exhibit B. If the City believes that an improvement,trail,or alteration of any water or timber resource on the Property is necessary prior to adoption of a Site Conservation and Management Plan for the Property,Metro shall have the right to approve of such action,which approval shall be in writing,and the City shall provide Metro sixty(60)days advance written notice of its intent to construct any improvements,trails,or alteration of water or timber resource on the Property. In any event,no capital improvements or trails shall be constructed on the Property,and no alteration of water or timber resource shall occur,that are inconsistent with this Agreement or that would effectively preclude any potential uses of the Property that could later be allowed in the Site Conservation and Management Plan. 3. Long-Term Management,Maintenance,and Operation. a. Metro and the City, in consultation with one another, shall jointly develop long-term management guidelines for the Property(the"Site Conservation and Management Plan"). The Site Conservation and Management Plan will divide the Property approximately between those areas that will be(i)kept natural, such that native vegetation planted on the Property during the stabilization period is free to grow,requiring decreasing maintenance over time(the"Natural Area"), and(ii)actively managed,developed,or mowed, requiring approximately the same amount of maintenance over time(the"Maintained Area"). With respect to each management area,the Site Conservation and Management Plan will set forth the acceptable management, operation,and maintenance for the area,the types and levels of programmed and public uses and trails, improvement standards,and signage plans and standards. Notwithstanding the foregoing,the parties acknowledge and agree that the division of the Property in this manner is somewhat approximate,and will cooperate in good faith in those portions of the Property that overlap or could be viewed to serve both purposes and functions. Page 2—Fields Trust Property IGA 50014-703971GARads Property 126 24ocktn✓1/24/10.13 b. In accordance with the terms of this Agreement and the Site Conservation and Management Plan,the City shall be responsible for the Management(as defined below) of both the Maintained Area and the Natural Area. As used in this Agreement,the term "Management"means the ongoing maintenance, security,and operation of the applicable portion of the Property and of any facilities, projects or improvements located thereon, such as fences, gates, outdoor furniture or structures, utilities, signage and lighting. Management includes, without limitation, removal of invasive weeds, maintenance of vegetation, abatement of nuisances, and the responsibility to coordinate with other governmental agencies regarding any issues that may arise under such other agencies'jurisdiction. Specifically, if any permits are necessary for the Management of a management area,the City shall be responsible for obtaining the permit, and Metro shall reasonably cooperate in such efforts. Each party shall be responsible for its proportionate share of taxes or assessments for the Property, based on their percentage ownership interest in the Property. The City shall be responsible for funding the Management with its own financial and staffing resources.Notwithstanding the above,the City may, from time to time, in its sole discretion, seek Metro's assistance with Management of the Property. Upon the City's request, Metro may, in its sole discretion, agree to assist with Management of the Property as requested by the City. c. The City shall act in a timely manner to resolve nuisance complaints and mitigate threats to the resources of its management area. If the City is issued a nuisance notice for activities occurring on the Property("Nuisance Notice"),then the City shall forward the notice to Metro. If, at the time the City receives a Nuisance Notice,Metro has a program in place that would reduce or cover the cost to abate the nuisance ("Program"),and the City is eligible to participate in such Program, Metro agrees to work with the City, so that the City may become a participant in the Program and use the Program funds to assist in abating the nuisance and covering the costs associated with such abatement. If no Program exists, and the City does not abate the nuisance in accordance with the time set forth in the Nuisance Notice, Metro may, at its sole option, abate the nuisance and provide the City with an invoice for the reasonable cost of such work. d. All requests for new easements, rights of way, and leases not already burdening or affecting the Property at Closing shall be submitted to Metro in accordance with the Metro Easement Policy, Resolution No. 97-2539B,passed by the Metro Council on November 6, 1997, attached hereto as Exhibit C. Any decision regarding the naming of all or any portion of the Property must be in accordance with Metro Code Chapter 2.16, as it may be amended. e. The parties will jointly develop a Master Plan for the Property identifying which areas may be developed for recreational uses and which areas will be maintained in a natural state. The Master Plan for the Property is subject to the approval of each party and shall be developed collaboratively,with either Metro or the City performing the role of project manager. 4. Term. Unless modified or terminated as provided herein,this Agreement shall continue in effect for a period of five(5)years. This Agreement shall thereafter automatically renew for additional five-year terms unless, not later than ninety (90)days prior to the expiration of the then-current term of this Agreement, one of the parties provides the other party with notice that it does not wish to renew this Agreement. The parties may, by written agreement signed by Page 3 —Fields Trust Property IGA 5001,1-70897 ice F,eId5 Property 12612 docNrt✓rn4/2013 each party,terminate all or a part of this Agreement based upon a determination that such action is in the public interest. Termination under this section shall be effective as providing in such termination agreement. Termination shall have no affect on ownership of the Property. 5. Termination for Cause. Any party may terminate this Agreement in full,or in part, at any time if that party(the"terminating party")has determined,in its sole discretion,that the other party has failed to comply with the conditions of this Agreement and is therefore in default(the "defaulting party"). The terminating party shall promptly notify the defaulting party in writing of that determination and document such default as outlined herein. The defaulting party shall have thirty(30)days to cure the default described by the terminating party. If the defaulting party fails to cure the default within such thirty(30)day period,then this Agreement shall terminate ten(10)days following the expiration of such thirty(30)day period. 6. Indemnification. The City,to the maximum extent permitted by law and subject to the Oregon Tort Claims Act, ORS Chapter 30, shall defend, indemnify, and save harmless Metro and Metro's officers, employees,and agents from and against any and all liabilities, damages, claims,demands,judgments, losses, costs,expenses,fines, suits,and actions,whether arising in tort,contract,or by operation of any statute, including but not limited to attorneys' fees and expenses at trial and on appeal, relating to or resulting from the performance of its obligations under this Agreement or actions taken by City pursuant to this Agreement on the Property including but not limited to the management,maintenance,security,or operation of the Property, including but not limited to construction of trails or in relation to any other improvements on the Property. Metro,to the maximum extent permitted by law and subject to the Oregon Tort Claims Act,ORS Chapter 30,shall defend, indemnify,and save harmless the City and the City's officers, employees, elected officials,and agents from and against any and all liabilities,damages,claims,demands,judgments, losses,costs,expenses, fines, suits,and actions,whether arising in tort,contract,or by operation of any statute,including but not limited to attorneys' fees and expenses at trial and on appeal,relating to or resulting from Metro's performance of its obligations under this Agreement or actions taken by Metro pursuant to this Agreement on the Property including but not limited to those actions taken under Section_above. 7. Insurance. Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 8. Oregon Constitution and Tax Exempt Bond Covenants. A source of funds for the acquisition of the Property is from the sale of voter-approved general obligation bonds that are to be paid from ad valorem property taxes exempt from the limitations of Article XI,section 11(b), 11(c), 11(d)and 11(e)of the Oregon Constitution,and the interest paid by Metro to bond holders is currently exempt from federal and Oregon income taxes. The City covenants that it will take no actions that-would cause Metro to be unable to maintain the current status of the real property taxes as exempt from Oregon's constitutional limitations or the income tax exempt status of the bond interest. In the event the City breaches this covenant,Metro shall be entitled to whatever remedies are available to either cure the default or to compensate Metro for any loss it may suffer as a result thereof. Page 4—Fields Trust Property IGA 50014.70897!GA Fields Property 12 612 docNn✓1/14/1013 9. Laws of Oregon;Public Contracts. The laws of the State of Oregon shall govern this Agreement, and the parties agree to submit to the jurisdiction of the courts of the State of Oregon. All applicable provisions of ORS chapters 279A,279B,and 279C,and all other terms and conditions necessary to be inserted into public contracts in the State of Oregon,are hereby incorporated by this reference as if such provisions were a part of this Agreement. 10. Assignment. No party may assign any of its rights or responsibilities under this Agreement without prior written consent from the other party,except that a party may delegate or subcontract for performance of any of its responsibilities under this Agreement. 11. Notices. All notices or other communications required or permitted under this Agreement shall be in writing,and shall be personally delivered(including by means of professional messenger service)or sent by both(1)electronic mail or fax,and(2)regular mail. Notices shall be deemed delivered on the date personally delivered or the date of such electronic or fax correspondence, unless such delivery is on a weekend day,on a holiday, or after 5:00 p.m. on a Friday, in which case such notice shall be deemed delivered on the next following weekday that is not a holiday. To Metro: Director, Sustainability Center 600 N.E. Grand Avenue Portland, OR 97232-2736 Fax: (503) 797-1849 To City: Parks and Facilities Manager City of Tigard Parks and Recreation Department 13125 SE Hall Blvd Tigard, OR 97223 Fax: (503) 684-7297 12. Severability. If any covenant or provision of this Agreement shall be adjudged void, such adjudication shall not affect the validity, obligation, or performance of any other covenant or provision which in itself is valid, if such remainder would then continue to conform with the terms and requirements of applicable law and the intent of this Agreement. 13. Entire Agreement; Modifications. This Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or representations relating to the Property. No waiver,consent,modification,amendment,or other change of terms of this Agreement shall bind either party unless in writing and signed by both parties. 14. Counterparts; Facsimile Execution. This Agreement may be executed in counterparts,each of which,when taken together, shall constitute fully executed originals. Facsimile or e-mail signatures shall operate as original signatures with respect to this Agreement. Page 5—Fields Trust Property IGA 50014-70897K,AFields Property 126/2.docWn✓1/24/2013 IN WITNESS WHEREOF,the parties have executed this Agreement as of the Effective Date. CITY OF TIGARD ' METRO ,/--- 0 ' . - ' ..400i ,-.--- Prin a e: -60era«:1 -a et' a C 'ef Operating •ffcer Title: ouneit. i .-s ••erl Date: a•a(D• a 0 J3 Date: CY/t! ` 5 Page 6—Fields Trust Property IGA 30014-70897 IGA Fields Properly 12 6 l2.dceldn✓1/24/2013 Exhibit A Property Description Beginning at an iron pipe at the reentrant corner on the South line of the W.W. Graham Donation Land Claim No. 39, in Township 2 South, Range 1 West of the Willamette Meridian, In the City of Tigard, County of Washington and State of Oregon and running thence North 1027' East 1020.7 feet to a square iron at the Northeast corner of EDGEWOOD; thence North 89007' West along the North line of said subdivision 151.1 feet to a corner of that certain tract of land conveyed to Rudolph Hunziker and Sophia G. Hunziker by Deed as recorded January 30, 1912 in Book 90, page 271; thence North 4013' East along the property line 597.1 feet to the Southwest corner of that certain tract of land conveyed to the Oregon Electric Railway Company by Deed as recorded in Deed recorded May 17, 1909 in Book 83, page 163; thence South 43044' East along the Southerly line of said tract of land 400.0 feet to the most Easterly corner thereof; thence South 41035' East along the Southerly boundary of the Oregon Electric Railroad right of way 1737.57 feet to an iron pipe on the South line of the said W.W. Graham Donation Land Claim, also being the North line of Government Lot 5 in Section 1, Township 2 South, Range 1 West of the Willamette Meridian; thence North 88043' West 1349.96 along the South line of said W.W. Graham Donation Land Claim and the North line of Government Lot 5 and Government Lot 6 of in Section 1, Township 2 South, Range 1 West to the place of beginning. TOGETHER WITH easement for ingress and egress as granted in Grant of Easement recorded February 22, 2006, Recording No. 2006-020491, described as follows: Located in a tract of land situated in the Southeast one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. The Easement is described as follows: Commencing at the 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. set at the intersection of the Easterly right-of-way of SW Hall Blvd 30 feet from center line, with the South line of Lot 1, EDGEWOOD as shown on Survey No. 29031 of the Washington County Survey Records; thence South 87027' East, along said South line, a distance of 291.15 feet; thence North 75044'01" East a distance of 47.71 feet to the True Point of Beginning and point of curve of a curve to the left; thence along said curve to the left with a radius of 479.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East 113.89) and a length of 114.16 feet; thence North 52004'44" East a distance of 472.50 feet to the East line of Lot 1 EDGEWOOD; thence North 02052'19" East, along said East line, a distance of 43.09 feet to a 5/8" iron rod with yellow plastic cap marked DEHAAS & ASSOC. INC. at the Northeast corner of said Lot 1; thence North 87040'14" West, along the Northerly line of said Lot 1, a distance of 45.63 feet; thence South 62004'44" West a distance of 455.14 feet to a point of curve of a curve to the right; thence along said curve to the left with a radius of 419.00 feet, a central angle of 13039'17" (a chord which bears North 68054'23" East, 99.62) and a length of 99.86 feet; thence South 1401529" East a distance of 60.00 feet to the true point of beginning. Exhibit A—Fields Trust Property IGA Exhibit B Communication and Maintenance Schedule Fields Property,City of Tigard Stabilization Period Interim Period Tigard Metro Tigard Projected Costs Communication For all communication between the City Stabilization,vegetation control, For all communication between the City of of Tigard and Metro:Steve Martin, natural area maintenance: Kate Tigard and Metro:Steve Martin,(503)718-2583 (503)718-2583 Holleran,503-813-7543 Safety,security and general property issues: Dan Moeller, 503-797-1819 Site Inspection The site will be inspected weekly for The site will be inspected weekly for illegal use, illegal use,safety issues or maintenance safety issues or maintenance needs. needs. Mowing The meadow will be mowed twice The meadow will be mowed twice during during growing season(early summer growing season(early summer and early fall)to and early fall)to manage invasive plants manage invasive plants and lower fuel levels. and lower fuel levels. Illegal Camping Patrol/Removal Monthly Monthly Vandalism Reports of vandalism will be responded Reports of vandalism will be responded to to within 24 hours of notification. within 24 hours of notification. Safety Hazards Immediate response after notification. Immediate response after Immediate response after notification. notification. Ivy Control Invasive plants treatments will be Natural area should be inspected twice yearly to The forested site should be relatively stable conducted throughout the identify any EDRR species and evaluate need after weed control is accomplished stabilization period. for targeted invasive plant control. —540/ac/year for long term maintenance. Blackberry Control Blackberry in open Maintenance spray of blackberry in open Approximately$1800 per treatment(crew 7 forest/woodland will be sprayed forest/woodland area on 3-5 year schedule. for 1 day). during stabilization or cut/sprayed if larger concentrations are present Reed Canary Grass Control Reed canarygrass will be treated to prepare planting sites for native vegetation. Weed Tree Control(Holly, Cut stump treatment will be Inspected to monitor weed tree re- Approximately$2100 per treatment(crew 7 hawthorn,laurel) conducted on weed trees during growth/seedlings. Plan on re-treatment every 5- for I day) stabilization period. 7 years. Planting Revegetation of natural areas will Final maintenance may transition to Tigard if Approximately$1800 per yearly circle occur throughout the stabilization Tigard manages entire site. Circle sprays should spray treatment(crew 7 for I day). period be conducted until plants are free to grow. Approximately$2100 per yearly (typically 5 years). Release cutting/mowing in cutting/mowing treatment(if needed). conjunction with circle sprays may be necessary Stabilization funds are typically available depending on competing vegetation. until plants are free to grow. Exhibit B—Fields Trust Property IGA Exhibit C Easement Policy • I HERON CERTIFY THAT THE mitaz NG is A COMPLETE AND EXACT COPY OF THE BEFORE THE METRO COUNCIL ORIGINAL Tssxt;aE ss dual c ivi — FOR THE PURPOSE OF APPROVING GENERAL ) RESOLUTION NO,97-2539B { POLICIES RELATED TO THE REVIEW OF ) 1 EASEMENTS,RIGHT OF WAYS,AND LEASES ) FOR NON-PARK USES THROUGH PROPERTIES) MANAGED BY THE REGIONAL PARKS AND ) Introduced by GREENSPACES DEPARTMENT. ) Mike Burton,Executive Officer WHEREAS,Metro currently owns and manages more than 6,000 acres of regional parks,open spaces, natural areas,and recreational facilities;and WHEREAS,additional lands are being acquired through the Open Space, Parks, and Streams Bond Measure,approved by voters in May of 1995;and WHEREAS,the primary management objectives for these properties are to provide opportunities for natural resource dependent recreation,protection of fish,wildlife,and native plant habitat and maintenance and/or enhancement of water quality;and WHEREAS, Metro will be approached with proposals to utilize regional parks,open spaces,natural areas,and recreational facilities property for utility,transportation,and other non-park purposes;and WHEREAS, Metro seeks to insure that these uses have no negative impact upon the primary management objectives of Metro Regional Parks and Greenspaces • properties;and • WHEREAS,it would be in Metro's best interest to provide for the orderly evaluation and consideration of proposals to utilize portions of Metro Regional Parks and Greenspaces properties for utility,transportation and other non-park uses:NOW THEREFORE, BE IT RESOLVED,that the Metro Council hereby adopts the policy attached as Exhibit"A'for any and all requests related to formal proposals for the use of Metro Regional Parks and Greenspaces properties for the purposes noted therein. ADOPTED by the Metro Council this lr,' day of /' , 1997. Jon K%-.:d,Presiding Officer ATTEST: Approved as to Form: :co •ring S: etary ' Daniel .Cooper, 7-4i" ral Counsel Exhibit C—Fields Trust Property IGA . Exhibit"A" METRO POLICY RELATED TO THE REVIEW OF EASEMENTS,RIGHT OF WAYS,AND LEASES FOR NON-PARK USES f Metro owns and manages,either on its own or in partnership with other government and private entities,several thousand acres of regional parks,open spaces,natural areas and recreational facilities. These facilities are maintained to promote and preserve natural resources and recreational opportunities for the public consistent with the Greenspaces Master Plan adopted by the Metro Council in 1992,the Open Spaces Bond Measure approved by the voters in 1995 and other restrictions limiting the uses of specific properties in existence at the time of its acquistion by the public.Nothing in this policy shall be construed to allow these facilities to be used in any manner which detracts from this primary purpose. This policy is written from the perspective of Metro as the property owner,however,in those cases in which Metro co-owns a property with other entities,all decisions concerning the use of the property in question will be fully coordinated with the other owners. In addition,all new development and all proposed work within Water Quality Resource Areas or other environmentally sensitive work will be conducted in accordance with Metro or local government policies,to include where appropriate,application for permits and completion of environmental reviews. In event that local government policies arc less restrictive than the Metro Model ordinances, Metro will apply the more restrictive Metro policies. Regarding requests for easements,right of ways,and leases for non-park uses in Metro owned or managed regional parks,natural areas or recreational facilities,it is Metro's policy to: 1) Provide for formal review of all proposed easements,right of ways,and leases for non- park, onpark,uses by the Regional Parks and Greenspaces Advisory Committee,the Regional Facilities Committee and the full Council. Notwithstanding satisfaction of the criteria set forth herein,the final determination of whether to approve a proposed easement,right of way, or lease is still subject to the review and approval by the full Metro Council. { 2) Prohibit the development of utilities,transportation projects and other non-park uses within corridors or on sites which are located inside of Metro owned or managed regional parks,natural areas,and recreational facilities except as provided herein. 3) Reject proposals for utility easements,transportation right of ways and leases for non-park uses which would result in significant,unavoidable impacts to natural resources,cultural resources,recreational facilities,recreational opportunities or their operation and management. 4) Accommodate utility easements,transportation right of ways or other non-park uses when the Regional Parks and Greenspaces Department(the Department)determines that a proposed easement,right of way or non-park use can be accommodated without significant impact to Exhibit C—Fields Trust Property IGA 1f 1 natural resources,cultural resources,recreational facilities,recreational opporhmities or their •operation and management;and that the impacts can be minimized and mitigated. 5) Require full mitigation and related maintenance,as determined by the Department,of all unavoidable impacts to natural resources,recreational facilities,recreational opportunities or their operation and management associated with the granting of easements,right of ways,or leases to use Metro owned or managed regional parks,natural areas or recreational facilities for non-park uses. • 6) Limit rights conveyed by easements,right of ways,and leases for non-park uses to the � . minimum necessaryto reasonably accomplish the purposeof any proposal. 7) Limit the term of easements,right of ways and leases to the minimum necessary to accomplish the objectives of any proposal. 8) Require"reversion",`nun-transferable"and`removal and restoration"clauses in all easements,right of ways and leases. 9) Fully recover all direct costs(including staff time)associated with processing,reviewing, analyzing,negotiating,approving,conveying or assuring compliance with the terms of any easement,right of way,or lease for a non-park use. 10) Receive no less than fair market value compensation for all easements,right of ways,or leases for non-park uses. Compensation may include,at the discretion of the Department, periodic fees or considerations other than monetary. II) Require full indemnification from the easement,right of way or lease holder for all costs, damages,expenses,fines or losses related to the use of the easement,right of way or lease. Metro may also require appropriate insurance coverage and/or environmental assurances if deemed necessary by the Office of General Counsel. • 12) Limit the exceptions to this policy to:grave sales,utilities or transportation projects which are included in approved master/management plans for Metro regional parks,natural areas and recreational facilities;projects designed specifically for the benefit of a Metro • regional park,natural area,or recreational facility;or interim use leases as noted in the Open Spaces Implementation Work Plan. } 13) Provide for the timely review and'analysis of proposals for non-park uses by adhering to the following process: a) The applicant shall submit a detailed proposal to the Department which includes all relevant information including but not limited to:purpose,size,components,location, existing conditions,proposed project schedule and phasing,and an analysis of other alternatives which avoid the Metro owned or managed regional park,natural area or recreational facility which are considered Infeasible by the applicant. Cost alone shall not constitute infeasibility. Exhibit C—Fields Trust Property IGA r • I 1 b) Upon receipt of the detailed proposal,the Department shall determine if additional information or a Master Plan is required prior to further review and analysis of the proposal. For those facilities which have master plans,require that all proposed uses are consistent with the master plan. Where no master plan exists all proposed uses shall be consistent with the Greenspaces Master Plan. Deficiencies shall be conveyed to the applicant for correction. c) Upon determination that the necessary information is complete,the Department shall r• eview and analyze all available and relevant material and determine if alternative alignments or sites located outside of the Metro owned or managed regional park,natural area,or recreational facility are feasible. d) If outside alternatives are not feasible,the Department shall determine if the proposal can be accommodated without significant impact to park resources,facilities or their operation and management Proposals which cannot be accommodated without significant impacts chill be rejected. If the Department determines that a proposal could be accommodated without significant impacts,staff shall initiate negotiations witch the applicant to resolve all issues related to exact location,legal requirements,terms of the agreement,mitigation requirements, fair market value,site restoration,cultural resources,and any other issue relevant to a specific proposal or park,natural area or recreational facility. The Department shall endeavor to complete negotiations in a timely and business-like fashion. a) Upon completion of negotiations,the proposed agreement,in the appropriate format, shall be forwarded for review and approval as noted in item"l"above. In no event shall construction of a project commence prior to formal approval of a proposal. • f) Upon completion of all Metro tasks and responsibilities or at intervals determined by the Department,and regardless of Metro Council action related to a proposed easement,right of way or lease for a non-park use,the applicant shall be invoiced for all expenses or the outstanding balance on expenses incurred by Metro. . i g.) Permission from Metro for an easement or right-of-way shall not preclude review under applicable federal,state or local jurisdiction requirements. • • • ! 1 Exhibit C—Fields Trust Property IGA FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT Management of Fanno Creek Open Space Property Fields Trust/Brown Natural Area/McDonald Property Tigard, Oregon This First Amendment to Intergovernmental Agreement(this "Amendment") is by and between City of Tigard (the"City"), and Metro, an Oregon municipal corporation. This Amendment is made and entered into as of the last date of signature indicated below(the "Effective Date"). RECITALS A. The City and Metro are parties to a certain Intergovernmental Agreement dated September 12,2000 (the "Brown Property IGA"). B. Pursuant to the Brown Property IGA,the City currently manages, operates and maintains property owned by Metro, known to Metro as the McDonald Property but commonly referred to as the Brown Property(the"Brown Property"). The Brown Property is in the Fanno Creek Target Area and is depicted on Exhibit A. C. The Brown Property IGA had an original term of 10 years, and has since expired pursuant to its own terms. D. On March 8, 2013,the parties executed another Intergovernmental Agreement (the"Fields Property IGA") for property adjacent to the Brown Property, commonly known as the"Fields Property" and referred to in the Fields Property IGA as the"Property." E. The parties would like to amend the Fields Property IGA to include management of the Brown Property. F. Capitalized terms used in this Amendment shall have the meanings given to them in the Fields Property IGA,except as expressly modified by this Amendment. AGREEMENT In consideration of the foregoing,the parties hereby agree as follows: 1. Property Addition. The term"Property," as defined in the Fields Property IGA, shall hereby be deemed to include both the Brown Property and the Fields Property,and shall be managed as one site (with no distinction between the two acquisitions), except as set forth in paragraph 2 of this Amendment, below. 2. Management. Metro has completed stabilization (as described in Section 1 of the Fields Property IGA)on the Brown Property; accordingly,the terms and conditions of the Fields Property IGA that describe the period after completion of stabilization shall apply to the Brown Property immediately upon execution of this Amendment. The Fields Property is in stabilization as of the date of this Amendment, and Metro anticipates additional stabilization activity on the Fields Property. Both the Fields Property and the Brown Property shall be subject to the Interim Protection Guidelines described in Section 2 of the Fields Property IGA upon execution of this Amendment. The Property(which includes both the Fields Property and the Brown Property) shall be considered as a whole when the "Site Conservation and Management Plan,"described in Section 3 of the Fields Property IGA, is developed. 3. Miscellaneous. This Amendment may be executed in counterparts and delivery by facsimile or e-mail shall be sufficient to form a binding agreement. The Fields Property IGA is modified only in the specific respects set forth in this Amendment. Except as expressly modified herein, the Fields Property IGA remains unmodified and in full force and effect. The Brown Property IGA, which has expired, is of no further force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the Effective Date. CITY OF TIGARD: By: 1/ Print NI e: ,274 L 6 Title: y ✓ Date: 6-4043 43 METRO: By: Print Name: colfN-�- Title: fiU re - O&f/- Date: e /0 Exhibit A Brown Property i'./ ,�� j • t ..\ -,,, ..., ..,./ ./// ....„, 1 .. ., /,' \ . �' ---- 1 r r_ — �_ �� -- } rJ P,, `` \ i tee ' .'N . ,,`, /` L 1 I@1 Ji =`' 1 a i . luJ __ . \ F- 1 A(•-j. I j 2s1O10CD01.00 _MCDONALD 1 IIS I, ``''` \_-- . Fes;-OPIUM 1111111 •' r t`\' � r`'1 1''� il INNIV�I.1,.7itli • \ 71 .71-;:11-R d)'!t ~a r l�rL~• fi+`� IINIIII _I i rFI —FI 0250 600 1,000 1,500 2,000 2,500 F i 1 i 1 1 Feet El Brown Property ® Fields Property AIS-2666 3.D. Business Meeting Meeting Date: 04/12/2016 Length (in minutes):Consent Item Agenda Title: Prepared For: Marty Wine, City Management Submitted By: Marty Wine, City Management Item Type: Resolution Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Will the Tigard City council take a position in support or opposition of the Washington County Emergency 9-1-1 Communications System Bond Measure? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that the City Council discuss and decide whether to take a position on the proposed measure. If the Council opts to support the measure, a draft resolution of support is attached to this Agenda Item Summary. KEY FACTS AND INFORMATION SUMMARY A communications system bond measure will be presented to voters at the November 3,2015 General Election. Washington County has produced informational materials about the proposed levy attached to this agenda item summary. OTHER ALTERNATIVES The City Council may elect to take no position,or may choose to oppose the bond measure. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Council received a presentation about the measure on March 8,2016. Attachments Resolution Informational Brochure CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION SUPPORTING VOl'ER APPROVAL OF THE WASHINGTON COUNTY EMERGENCY 9-1-1 COMMUNICATIONS SYS"LEM BOND MEASURE. WHEREAS, the Washington County emergency communications system is used to dispatch first responders countywide;and WHEREAS, the communication system, emergency response facilities and disaster response has reached the end of its serviceable life and needs to be improved;and WHEREAS, population growth and increased call volume will increase the future demand on emergency communications services;and WHEREAS, the system is a vital part of our community's public safety that allows our police officers, firefighters and emergency medical personnel to arrive quickly and safely whenever and wherever a 9-1-1 call is made in Washington County;and WHEREAS, the passage of the Communications System Bond Measure will provide funding for capital costs to improve and replace emergency and 9-1-1 response facilities, technology, communications towers, and replace analog radios used by first responders; NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby proclaims its support for the passage of Measure 34-243, Measure 34-243, issuing General Obligation Bonds for County Emergency Communication and Response Facilities ,that will be considered by the voters of Washington County at the May 3,2016 Primary Election. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2016. Mayor- City of Tigard A 1"1'EST: City Recorder-City of Tigard RESOLUTION NO. 16- Page 1 .: fMfRGENCI r # seutitA ,, Communications System Bond Measure Who uses the emergency communications system? Every city police department,the County Sheriff's Office, Measure 34-243 all fire and rescue responders and all emergency medical and ambulance service providers countywide.The Primary Election • May 17, 2016 system is run by the Washington County Consolidated Communications Agency (WCCCA), also known as 911 When the public calls 911 for help, Washington dispatch. County's emergency communications system is Why does the system need to be updated? used to dispatch first responders countywide. • Changes in Emergency Communications Technology Communications equipment in the system is reaching The system has worked for decades, but now the end of serviceable life and buildings and towers manufacturers no longer make key parts because they need room for growth and more strengthening for have transitioned to newer technology, and finding earthquakes and other hazards. quality used parts for the current system has become Voter-approved bonds would pay for$77 million increasingly difficult. in capital costs for emergency and 911 facilities, • A Growing Demand for Emergency Services including: Population and emergency call volume are anticipated • Converting the existing system to current technology to increase over time. Updated equipment and room • Improving countywide coverage by installing more for expanded facilities would enable the 911 dispatch center to remain effective. towers • Strengthening facilities for earthquakes, storms and • A Need to Improve Reliability during Major Disasters other emergencies The emergency communications system is designed, built and maintained to a higher standard than • Providing for efficient expansion of the 911 center consumer telecommunications.The system must work and emergency response facilities reliably even when a storm, earthquake or other major • Replacing approximately 3,000 analog radios emergency causes landline or cell phone networks to currently used by first responders countywide. overload or fail. How much would this measure cost taxpayers?The y - projected levy rate is not expected to exceed 8C per $1,000 of assessed value.The actual rate may vary iu.., r (",r- `: depending on changes in bond interest rates and " "Irt" . . -- assessed values.This rate would be levied over less than 21 years.A typical homeowner would pay about$20 in 2016.This assumes an average assessed value (not market value) of$255,408. More information: AIS-2662 4. Business Meeting Meeting Date: 04/12/2016 Length (in minutes): 15 Minutes Agenda Title: CONSIDER AFFIRMATION OF VARNS STREET RESOLUTION NO. 79-86 Prepared For: Tom McGuire, Community Development Submitted By: Tom McGuire, Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution -Main Public Hearing: No Publication Date: Information ISSUE A new resolution to affirm Resolution 79-86,preventing a street connection from Varns Street to the Fred Fields Trust Property. STAFF RECOMMENDATION / ACTION REQUEST The proposed resolution was negotiated between individual city councilors and representatives of the Rolling Hills Neighborhood. Staff is bringing the resolution forward at Council's request. Staff, however, recommends that the new resolution not be adopted because the original Resolution 79-86 is still in force and continues to implement the will and direction of the Council from 1979 and the current Council. Because Resolution 79-86 is still in force,any future development of the Fields property that proposes a connection between that property and Varns Street would have to be approved by Council through ordinance or resolution. Such an approval would have to be done at a public hearing and would provide the Council with the opportunity to deliberate on the merits of any street connection at the site. KEY FACTS AND INFORMATION SUMMARY In 1979,the Tigard City Council was requested by the Citizens Action Committee for the 72nd Avenue Interchange to place a "street plug" and accompanying signs at the west end of SW Varns Street to eliminate potential through traffic. On August 13, 1979, the City Council approved Resolution 79-86 to close the end of SW Varns Street. In October 2015, during deliberations at the City Council hearings on proposed zone changes for the Fields Property,Council discussed various options for addressing through traffic between the Fields site and Varns Street. One of the options discussed was to prepare a new resolution that affirmed the prior 1979 resolution. As a follow-up to those discussions,Council now wishes to affirm Resolution 79-86 to prevent traffic to and from the Fred Fields Trust Property from passing through the Rolling Hills Neighborhood using Varns Street. The City will also install and maintain signs at the east end of Varns Street to prevent through traffic. OTHER ALTERNATIVES To not adopt the resolution. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION The original Resolution 79-86 was adopted by Council at a hearing in August, 1979. Hearings were held on the proposed zone change for the Fields property on October 27,2015 and October 13,2015. Attachments Resolution Exhibit A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16 - A RESOLUTION ELIMINATING VEHICULAR TRAFFIC TO OR FROM THE "FRED FIELDS TRUST" PROPERTY VIA THE SW VARNS STREET PLUG,MAINTAINING THE PLUG TO PREVENT THROUGH TRAFFIC AND REAFFIRMING RESOLUTION NO. 79-86. WHEREAS,in 1979, the Tigard City Council was requested by the Citizens Action Committee for the 72"d Avenue Interchange to place a "street plug"at the west end of SW Vams Street to eliminate through traffic; and WHEREAS, the Council was also requested to place signs at the east entrance to SW Vams Street to prevent through traffic; and WHEREAS, on August 13, 1979,the City Council approved Resolution 79-86 to prohibit through traffic on SW Varns Street; and WHEREAS,the Tigard City Council wishes to reaffirm Resolution 79-86 to prevent traffic to and from the Fred Fields Trust Property through the Rolling Hills Neighborhood via the Vams Street plug as shown in Exhibit A, and desires installation and maintenance of signs at the east end of said street to prevent traffic through the Rolling Hills Subdivision. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard reaffirms the original 1979 Council resolution (No. 79-86) by maintaining the street plug at the west end of SW Varns Street,and installing and maintaining signage at the east end of said street,to prevent through traffic in the Rolling Hills Subdivision. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of ,2016. Mayor—City of Tigard A F1'EST: City Recorder—City of Tigard RESOLUTION NO. 16- Page 1 . - • '1%, , ., . '‘,•,";4.10 •• ___.; , • .., ' 4... 4r .• - 44, • e. ' I , . .. . 4!!:'- .„.,-,.* . '•s - *N\sikk'14.4 . '1,•.;;;;::.y. N.._ . ....... _L , P.4 it, * - . , .. AO •' ..„.. , ,,,,, ... ' • \'‘ . "N.' // '',..... ' '•I • It . .. -___. ' '' ',.--......../i 10,4, 9,,_ 4 ___„... 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' Mg 11•••10.1111Mwma'1111": ,....,.FIR Vail r . 1 2S1010001600 _ • . Ariel .. I 1..... _ , 1 1--`---, . lir, • * - 14, , \ . . • .1, I ^kr • e . . _, _:---: - i---- I --,-.- , • ...'..1.. k Iiii; ---. - r•-• ,.... 1 t, 1 .,. • 1 :.. - Exhibit A loilfr. .__ .... . 1147\k. . ....,,iti; . , \ iiii.-... ‘. . . ,-...., . t • r-7-11 Site Taxlots ,, Lu 50' Tree Buffer : . li sANtmuobitri R-!-: • ..,. .... • -.: _ \W• , • _ , . ' ... 1 ..... ,., .... 0 100 200 400 Feet 1 . ....\; _ MN N . , ... AIS-2518 5. Business Meeting Meeting Date: 04/12/2016 Length (in minutes): 20 Minutes Agenda Title: Discussion of Upcoming Contracts Submitted By: Carol Krager,Central Services Item Type: Meeting Type: Council Business Meeting- Main Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE A discussion of an upcoming proposed contracts for annual auditing services and a stormwater master plan. STAFF RECOMMENDATION / ACTION REQUEST Staff is seeking Council direction on any additional information or direction they would like to see in preparation of an award decision for these proposed contracts. KEY FACTS AND INFORMATION SUMMARY 7 Professional:55 Auditing Services Under Oregon Municipal Audit Law (ORS 297.405—ORS 297.555), the city is required to conduct an audit of its accounts and financial affairs at least once a year. In order to meet this requirement, the city contracts with an independent CPA firm to perform an annual external financial audit of the city's records. The city also annually applies for the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting with the auditor reviewed comprehensive annual financial reports (CAFR). The Certificate program recognizes and supports excellence in financial reporting by state and local governments. The GFOA award represents governments whose CAFR achieves the highest standards in governmental accounting and financial reporting. The City has received the GFOA award for the previous thirty years straight. As the city's current professional auditing contract expired with the FY 2014-2015 audit (which was presented to the Council in March), the city issued a Request for Proposal (RFP) for the service in January. The RFP was open for approximately a month, at closing the city received proposals from four firms: •Eide Bailly, •Merina& Company, •Moss-Adams, and •Talbot, Korvola&Warwick A selection team consisting of three management staff, one audit committee member,and one finance manager from a local municipality scored the proposals on the following criteria set forth in the RFP: •Firm and team qualifications (40 points) •Project understanding and approach (30 points) •Project timeline (10 points) •Cost structure (20 points) •Presentation/Interview(25 points if phase is enancted) After initial scoring, the selection team felt it to be prudent to invite both Moss-Adams and Talbot,Korvola& Warwick to participate in a Presentation/Interview process as their scores were close. After the presentations, Moss-Adams was found to be the highest scoring firm and the firm that best meets the city's upcoming needs. As such,Moss-Adams will receive staff recommendation for contract award at a future Local Contract Review Board meeting. The proposed contract will be for three years with two additional one-year options. The cost during the first year is estimated at$62,100 and the contract will contain an annual 3.5% escalator clause. The total cost over the five year potential life of the contract is just over$330,000. The contract will be budgeted annually in the Finance and Information Services operational budget. Stormwater Master Plan The citywide Stormwater Master Plan will provide capital improvement projects and priorities, system management and maintenance programmatic recommendations and costs, summary fact sheets and maps,an operations &maintenance plan for greenway/green infrastructure, and funding needs/strategies. Tigard's Stormwater Master Plan has not been updated in over 30 years. The environmental regulations regarding stormwater have changed dramatically,and Tigard's infrastructure is aging. Significant erosion issues exist and in many cases are worsening within both public and private segments of stream corridors and open drainage channels. This includes impacts to adjacent utilities,culverts,pathways,private property/structures as well natural resources. The City lacks policy,maintenance programs and a prioritized listing of capital improvements for its stormwater system,making it difficult to establish budgets,predict resource needs and act pro-actively maintain the system before it degrades. The City also has an opportunity with this planning process to evaluate how best to create, operate and manage its green infrastructure system that consists of multiple stream/floodplain corridors that also may act as trail systems,habitat and mitigation areas,linear parks,and sanitary sewer alignments. The need and budget for the Stormwater Master Plan was identified in the Council-adopted 2015/16 budget and CIP for 2016-20. The city issued a qualification-based Request for Proposal (QBS) for development of the Stormwater Master Plan in late January and received four responses: •AMEC Foster Wheeler, •Brown &Caldwell, •Otak, Inc., and •Wolf Water Reserves The selection team for the project scored the received proposals based on the following criteria detailed in the QBS packet: •Project understanding,approach, and interest (30 points) •Consultant project team (15 points) •Consultant team qualifications &experience (30 points) •Consultant team project management (25 points) Otak, Inc. was the highest scoring firms after the review and as such the city entered into negotiations with them per the city's QBS process. Otak and the city were able to reach agreement for the development of the Stormwater Master Plan at a cost of$250,000. Staff intends to bring this contract forward at a future Local Contract Review Board meeting,likely April 26th Staff asks that both of these contracts be considered for placement on the consent agenda if no additional information or questions are requested. OTHER ALTERNATIVES The Local Contract Review Board may direct staff to resolicit the proposed work. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS The Stormwater Master Plan supports Strategic Plan Goal 1,Facilitate Walking Connections to Develop an Identity,including supporting safe and networked trail systems (via appropriately designed and maintained creek greenways). It also supports Goal 4 objectives of maintaining core services. DATES OF PREVIOUS CONSIDERATION This is the first time the Local Contract Review Board has discussed these potential contracts. Fiscal Impact Cost: See AIS Body Budgeted (yes or no): See Above Where Budgeted (department/program): See Above Additional Fiscal Notes: Please see the body of the AIS for fiscal details for this discussion. Attachments No file(s)attached AIS-2571 6. Business Meeting Meeting Date: 04/12/2016 Length (in minutes): 10 Minutes Agenda Title: Authorize the City Manager to Sign an IGA with Metro for the Construction of the Fanno Creek Trail Tiedeman Realignment Prepared For: Steve Martin Submitted By: Judy Lawhead, Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the council authorize the City Manager to sign an IGA with Metro for the construction of the "Tiedeman Realignment" of the Fanno Creek Trail? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that Council authorize the city manager to sign the agreement. KEY FACTS AND INFORMATION SUMMARY In 2014,the Metro Council adopted a resolution (Resolution No. 14-4583) which encouraged some investment using Metro bond funds for public access to natural areas and trails. Metro wishes to use a portion of the 2006 Metro bond to help construct a portion of the Fanno Creek Trail. The Tiedeman Realignment is identified in the Tigard Greenway Trails Plan as a priority project to build a new section of the trail at Woodard Park. The current alignment is partially on a sidewalk and requires bicyclists and pedestrians to make a difficult and dangerous turn where the trail intersects Tiedeman Avenue. The majority of the new section of trail will be built on property maintained by Metro (the Swan property) and connect to the portion of Woodard Park that was also purchased by Metro. Currently,Tigard maintains the entire Woodard Park property,and will with this IGA be responsible for the maintenance of the new trail and bridge. By signing this IGA,Tigard would agree to work with Metro to update the original Woodard Park maintenance IGA to include this trail area and the area of the Swan property where Tigard wishes to add parking in the future. Metro has proposed to pay up to$660,000 for Tigard to design and construct the trail and bridge in this new section. The anticipated actual costs for this work is under,and should not exceed, that proposed amount. The approval of this IGA will allow Tigard to start design of the trail using Metro funds,as soon as the IGA is finalized. OTHER ALTERNATIVES The council could propose changes to the agreement. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS The Fanno Creek Trail is a good example of projects that directly follow Tigard's Strategic Plan of making a more walkable city. DATES OF PREVIOUS CONSIDERATION The council was briefed on this agreement at its October 13,2015,meeting. Fiscal Impact Cost: $660,000 Budgeted (yes or no): Yes Where Budgeted (department/program): Park CIP Additional Fiscal Notes: This project is projected to cost under $660,000. Metro has agreed to reimburse up to $660,000 toward this project,with no city match needed. Attachments Tiedeman IGA j M ETRO 600 NE Grand Ave. INTERGOVERNMENTAL AGREEMENT (03)nd7-1700 322736 503 797-1700 Contract No. THIS AGREEMENT (the "Agreement") is between Metro, an Oregon municipal corporation, located at 600 NE Grand Avenue, Portland, Oregon 97232-2736, ("Metro"), and the City of Tigard, located at 13125 SW Hall Boulevard,Tigard, Oregon 97223 (the"City"). RECITALS A. By the authority granted in ORS 190.110, units of local government may enter into agreements with units of local government for the performance of any or all functions and activities that the parties to the agreement, its officers,or agents have the authority to perform. B. On May 16, 1995, voters approved Ballot Measure 26-26, Open Spaces, Parks and Streams, authorizing Metro to issue up to $135.6 million in general obligation bonds for the protection of open spaces,parks, streams and trails("Open Spaces Bond Measure"). C. On June 9, 1997, Metro purchased approximately 6.8 acres of real property, known as the "Lowery Property" (current tax lot 2S102BB 00600), and on December 13, 2001, Metro purchased approximately 3.5 acres of real property, known as the "Swan Property" (current tax lot 2S103AA 00100), adjacent to the Lowery Property and partially depicted on Exhibit B, both located within the City of Tigard. D. Both the Lowery Property and the Swan Property are within the Fanno Creek Greenway Target Area, an area specifically identified pursuant to the Open Spaces Bond Measure as regionally significant due to its wildlife habitat values and contribution to water quality, important trail connections, and are also identified as regionally significant open space and trail system in the Metro Greenspaces Master Plan. E. On August 30, 1999, Metro and the City of Tigard entered in to an Intergovernmental Agreement (the "Woodard Park IGA"), contract#921563,pursuant to which,the City operates, manages and maintains the Lowery Property as part of the City's"Woodard Park". F. On November 7, 2006, voters approved Ballot Measure 26-80, Natural Areas Bond Measure, authorizing Metro to issue up to $227.4 million in general obligation bonds for the purposes of preserving natural areas and stream frontages, maintaining and improving water quality, and protection of fish and wildlife habitat through acquisition, protection, restoration, and enhancement of natural areas("Natural Areas Bond Measure"). F. On April 28, 2011, the City of Tigard approved the Tigard Greenways Trail System Plan, which identifies the Fanno Creek Trail as a regional trail, and also identifies a trail alignment and strategy for completing a key gap of the Fanno Creek Trail across the Swan Property (the "Tiedeman Avenue Crossing Realignment"). G. On November 13, 2014, the Metro Council adopted Resolution 14-4583, which encourages investment of a small percentage of Natural Areas Bond Measure funding to provide improved Page 1 - IGA between Metro and City of Tigard and increased public access to natural areas and trails across the region, including development of the Tiedeman Avenue Crossing Realignment. G. Metro and the City wish for Metro to provide funding for the City to complete this key gap in the Fanno Creek Trail and therefore desire to enter into this Agreement to provide for the responsibilities and obligations of the parties for the funding, design, construction, management and maintenance of the Tiedeman Avenue Crossing Realignment, in accordance with the terms of this Agreement. NOW THEREFORE, in consideration of the foregoing, the premises being in general as stated in the foregoing recitals,it is agreed by and between the parties hereto as follows: TERMS OF AGREEMENT 1. Purpose Metro and the City would like to work together through funding, design and construction to ensure the Tiedeman Avenue Crossing Realignment of the Fanno Creek Trail is designed, constructed and opened to the public in the City of Tigard, as provided in the Statement of Work described in Exhibit A (the "Work")and the Depiction of Trail Alignment shown in Exhibit B. 2. Term. This Agreement shall be effective as of the latest date all required signatures are obtained and shall be completed and automatically terminate on June 30,2018, unless extended by a fully executed amendment in writing and signed by both parties. 3. Responsibilities of the City. The City agrees to: a. Furnish the necessary personnel,equipment,material and services and otherwise do all things necessary for or incidental to the performance and completion of the Work. Metro understands that the City may hire contractors and/or partner with other agencies to perform this Work. b. Subject to the payment required in Section 4(c),perform the Work as an independent contractor and be exclusively responsible for all costs and expenses related to its employment of individuals performing the Work under this Agreement including,but not limited to,retirement contributions, workers compensation,unemployment taxes,and state and federal income tax withholdings. c. Comply with all federal, state,and local laws, regulations, executive orders and ordinances applicable to the Work under this Agreement, including,without limitation,the provisions of ORS Chapter 279,which hereby are incorporated by reference. Without limiting the generality of the foregoing,the City expressly agrees to comply with(i)Title VI of Civil Rights Act of 1964; and(ii) Section V of the Rehabilitation statutes,rules and regulations. d. Work with Metro to replace or amend the current Woodard Park IGA to reflect this new trail corridor and management responsibility, address new and future City infrastructure, as well as Clean Water Services' involvement in habitat and vegetation enhancement and restoration. Page 2- IGA between Metro and City of Tigard 4. Responsibilities of Metro: Metro agrees to: a. In consideration for the services City performs under this Agreement,pay City up to SIX HUNDRED SIXTY THOUSAND AND 00/100TH DOLLARS ($660,000.00)for the Work. City's billing invoices shall include the Metro contract number,remittance address, invoice date, invoice number, invoice amount, and an itemized statement of work performed and expenses incurred during the billing period. If the Work is performed by a partner agency or contractor, the City shall submit itemized statements of work performed and expenses incurred by the partner agency or contractor in addition to proof of City's payment to partner agency or contractor. Billing invoices shall not be submitted more frequently than once a month and shall be sent electronically to metroaccountspayable@oregonmetro.gov. The Metro contract number shall be referenced in the email subject line. City's billing invoices for goods and/or services through June 30 shall be submitted to Metro by July 15. Payment to City for approved and completed work will be made within 30 days of approval of the City invoice. Metro will not pay City for Work until Work is performed. b. RETAINAGE: Metro will reserve as retainage from any billing invoice an amount equal to five (5%)percent of the requested invoice. The retainage will not be disbursed to City until the Work is fully completed and finally approved by Metro. Following completion of the Work and approval by Metro,Metro will deliver to City the entire retainage as part of the final invoice payment. c. Certify,at the time this Agreement is executed,that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within Metro's current appropriation or limitation of current biennial budget. d. Comply with all federal, state,and local laws,regulations,executive orders and ordinances applicable to Metro under this Agreement,including, without limitation,the provisions of ORS Chapter 279,which hereby are incorporated by reference. Without limiting the generality of the foregoing,Metro expressly agrees to comply with(i)Title VI of Civil Rights Act of 1964; and(ii) Section V of the Rehabilitation statutes,rules and regulations. 5. Project Managers: Contacts. City appoints Mike McCarthy as City's project manager for this Agreement. Metro appoints Robert Spurlock as Metro's project manager for this Agreement. Metro: Robert Spurlock 600 NE Grand Ave. Portland,OR 97232 503-813-7560 robert.spurlock@oregonmetro.gov City: Carla Staedter 13125 S.W. Hall Boulevard Tigard, OR 97223 503-718-2788 Carla@tigard-or.gov Page 3 - IGA between Metro and City of Tigard 6. Termination of Agreement. This Agreement may be terminated by mutual written consent of both parties. Metro may terminate this Agreement effective upon delivery of written notice to the City, or at such later date as may be established by Metro,under any of the following conditions: a. If the City fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If the City fails to perform any of the other provisions of this Agreement or so fails to pursue the Work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from Metro fails to correct such failures within 10 days or such longer period as Metro may authorize. c. If Metro fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the Agreement. d. If Federal or State laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or if Metro is prohibited from paying for such work from the planned funding source. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. 7. Insurance Metro and City maintain insurance for general liability insurance and workers' compensation insurance coverages. Each party is responsible for the wages and benefits of its respective employees performing services under this Agreement. 8. Indemnification. a. City shall indemnify, defend, and hold harmless Metro, its officers, employees, and agents, including assigned personnel, from all claims, suits, actions, or expenses of any nature resulting from or arising out of the acts,errors,or omissions of the City, its agents or assigned personnel acting within the scope of employment or pursuant to the terms of this Agreement, within the limits of the Oregon Tort Claims Act and the Oregon Constitution. b. Metro shall indemnify, defend, and hold harmless the City, its officers, employees, and agents,including assigned personnel, from all claims, suits,actions,or expenses of any nature resulting from or arising out of the acts, errors, or omissions of Metro, its agents or assigned personnel acting within the scope of employment or pursuant to the terms of this Agreement, within the limits of the Oregon Tort Claims Act and the Oregon Constitution. 9. Access to Records. a. Unless otherwise provided herein, all documents, instruments and media of any nature produced by City pursuant to this Agreement are work products and are the property of Page 4 - IGA between Metro and City of Tigard Metro. At Metro's request, City shall promptly provide Metro with an electronic version of all work products that have been produced or recorded in electronic media. b. City shall maintain all fiscal records in accordance with generally accepted accounting principles and shall maintain records for a period of six years from the date of final completion of this Agreement. City shall make records available to Metro and its authorized representatives,including but not limited to the staff of any Metro department and the staff of the Metro Auditor, at reasonable times and places regardless of whether litigation has been filed on any claims. 10. Amendments. The terms of this Agreement shall not be waived, altered,modified, supplemented or amended in any manner whatsoever,except by written amendment signed by both parties. 11. Governing Law. This Agreement shall be governed in accordance with the laws of the State of Oregon,without resort to any jurisdiction's conflicts of laws,rules, and doctrines. Any litigation between the parties that arises out of or relates to the performance of the Agreement shall occur in the Washington County Circuit Court if brought by City and the Multnomah County Circuit Court if brought by Metro, and if in the federal courts,the United States District Court for Oregon. 12. Assignment; Merger; Entire Agreement. This Agreement is binding on each party, its successors, assigns,and legal representatives and may not, under any circumstance, be assigned or transferred by either party without Metro's written consent. This Agreement and attached exhibit(s)constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements,or representations, oral or written,not specified herein regarding this Agreement. No waiver, consent,modification or change of terms of this Agreement shall bind either party unless it is in writing and signed by both parties and all necessary approvals have been obtained. Such waiver,consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of a part to enforce any provision of this Agreement shall not constitute a waiver by that party of that provision or of any other provision. IN WITNESS WHEREOF,the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. Metro, CITY By: By: Title: Title: Date: Date Approved as to Form: Approved as to Fonn: By: By: Page 5 - IGA between Metro and City of Tigard Exhibit A Statement of Work The City shall design and construct the Tiedeman Connection gap in the Fanno Creek Trail substantially as depicted in Exhibit B. The City shall be responsible for the design,permitting and construction. No funding from Metro shall be used to design,permit, construct or maintain any parking lot facilities. Design: The City shall submit design documents to Metro for review and approval at 10%, 30%, 60%, and 90%completion. The City shall not proceed with design without written approval from the Metro Project Manager at each stage. Within seven(7)days of receipt of the documents,Metro shall approve City's design or request a meeting with City to consider alternatives. Management&Maintenance: Long-term management and maintenance responsibilities for the Work and underlying property shall be decided by the Parties at a later time when the Woodard Park IGA is renegotiated. Until such time,Clean Water Services shall continue to be responsible for maintenance of the Swan Property. The City agrees to be responsible for all maintenance,management,replacement,and repair of the trail and associated improvements. Metro shall have no responsibility for management or maintenance. Signage: The City shall include Intertwine Alliance way finding signage and additionally,post signage stating funding for the project includes funding from the 2006 Metro Natural Areas Bond Measure. City may include the cost of way finding signage in the Work. Term: The trail shall be complete and Metro invoiced for all work performed by June 30, 2018. Page 6 - IGA between Metro and City of Tigard 'r-* M ETRO 600 NE Grand Ave. INTERGOVERNMENTAL AGREEMENT (503)7970709072322736 Exhibit B Depiction of Trail Alignment • I .' ASPHALT TRAIL "..141`,14-0 . s,• RECONSTRUCTION- . • . 1,000 SF .......• NUE • DOSTAVG it CROSSING 116" r ` c-4R,7Y,FL� ;47 �,�.^/tJ WI ,,,.:,,,:. "j:01,20:::: /111060,005., 10• WIDE PAVED TRAIL ;� , .....7.. , , 2,320 SF '.ir `.".AP .• "# •1.1 Swan Property 4. 41 ar . jam. Page 7 - IGA between Metro and City of Tigard AIS-2553 7. Business Meeting Meeting Date: 04/12/2016 Length (in minutes): 10 Minutes Agenda Title: Informational Public Hearing: FY 2016 Third Quarter Budget Supplemental Submitted By: Carissa Collins,Finance and Information Services Item Type: Motion Requested Meeting Type: Council Resolution Business Public Hearing- Informational Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication 03/30/2016 Date in Newspaper: Information ISSUE A third quarter supplemental amendment to the FY 2016 Adopted Budget is being requested. The purpose of the supplemental is to account for revenues and expenses that were unknown at the time of budget adoption. The amendment includes requested budget adjustments in city operations, capital improvement program,and debt service. STAFF RECOMMENDATION / ACTION REQUEST Approve the Third Quarter Supplemental to the FY 2016 Adopted Budget. KEY FACTS AND INFORMATION SUMMARY The third quarter supplemental includes recognition of revenues and expenses from the following: Finance & Information Services •A request in the amount of$58,000 is needed to purchase 3 new network servers and to hire a Microcomputer Support Technician for an additional 1.0 FTE in Information Technology. This position will assist with increased helpdesk tickets along with replacing the 250 aging computer devices within the city. •A total of$80,000 is needed to pay for credit card fees associated with the increased use of credit cards due to the purchase of water meters in Utility Billing. •A request in the amount of$25,000 is required to pay for annual software licensing and maintenance costs for Springbrook/Accela associated with receiving credit card payments by phone for Utility Billing. •Due to the lawsuit filed by the Homebuilder's Association and unrelated issues with implementation of the SDCs a request in the amount of$45,000 is required to pay for legal fees and professional services. •A total of$2,700 is needed to correct an audit finding related to the principal payment in the Bancroft Debt Service Fund. CommunityDevelopment •The Building Department requests the purchase of a replacement vehicle in the amount of$25,000. The request is offset by use of Contingency. •A total of$15,000 is required to pay for credit card fees in the Building Department resulting from the increased use of credit cards for building permit transactions. The request is offset by the use of Contingency. •The city has been awarded a Community Planning&Development Grant (CPDG) totaling$145,250. This request will recognize the grant and a total of$36,250 this fiscal year to be used for Streetscape Design, Opportunity Site Analysis,and an Urban Renewal Plan. The remaining$109,000 will be budgeted in operations in FY 2017. Library •The Washington County Cooperative Library Services (WCCLS) has issued a distribution of Pool 2 funds in the amount of$48,794 to the city. The funding will be used for reupholstering library furniture as well as other one-time needs. Police •Recognition of funds in the amount of$20,480 from the sale of ammunition and the sale of two police vehicles. These revenues will be used in order to offset the costs to purchase desks and chairs for the reconfiguration of the Property and Evidence Unit. PublicWorks •With the migration to a new position control system and process,a Utility Worker II position within Street Maintenance Division was inadvertently omitted. The budget dollars for this position remained but the FTE was eliminated. This request will authorize the omitted 1.0 FTE without any impact to budget. Capital ImprovementProgram •92051: Tiedeman Crossing/Fanno Creek Trail—A request to recognize and appropriate $10,000 of a $660,000 Community Development Block Grant (CDBG) from Metro for work on the Tiedeman Crossing/Fanno Creek Trail. This project fills sidewalk "gaps" on Tiedeman Avenue,and improves a dangerous connection near the Fanno Creek trail. The remainder of the METRO grant is programmed in subsequent years in the FY 2016-17 CIP. •95045: 95±1 Avenue/North Dakota Sidewalk -A total of$60,000 is being requested to provide the required curbing and storm drain improvements. The city has received a Community Development Block Grant (CDBG) from Washington County in the amount of$30,000 to perform this work. This request recognizes and appropriates the $30,000 CDBG funds. In addition, a total of$30,000 from Gas Tax Fund contingency will fully fund the work. OTHER ALTERNATIVES Do not approve the Third Quarter Supplemental to the FY 2016 Adopted Budget. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS 3. Adopt Tigard Triangle Strategic Plan and Enable Future Development Capacity. DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $363,224 Budgeted (yes or no): No Where Budgeted (department/program): All Additional Fiscal Notes: The total impact of this amendment will increase the FY 2016 Adopted Budget by approximately$363,200.Although the supplemental consists of increased requirements,they are offset by additional resources.These resources include grants, transfers,and contingency.The remainder of the requests is offset by use of Reserve for Future Expenditures,primarily for the purchase of three network servers and debt service payments.Exhibits A,and B contain the details of each budgetary item to the impacted fund(s)and the capital projects.Exhibit C summarizes the items by fund for all city funds. Attachments Resolution Exhibit A Exhibit B Exhibit C CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION TO AMEND THE FY 2016 ADOPTED BUDGET TO ACHIEVE THE FOLLOWING: RECOGNITION OF GRANT REVENUES AND EXPENSES ALONG WITH BUDGET ADJUSTMENTS IN COMMUNITY DEVELOPMENT, PUBLIC WORKS, COMMUNITY SERVICES,POLICY&ADMINISTRATION, AND THE CAPITAL IMPROVEMENT PROGRAM. WHEREAS, the city acknowledges those items that were unknown at the time the FY 2016 Budget was adopted;and WHEREAS, the city recognizes approximately $363,200 of unanticipated budget in operations and the capital improvement program;and WHEREAS, the city acknowledges that the increase in unanticipated requirements is offset by grants, transfers, fund contingency, and reserve for future expenditures. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The FY 2015-16 Budget is hereby amended as detailed in Exhibit A. SECTION : This resolution is effective immediately upon passage. PASSED: This day of 2016. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 16- Page 1 FY 2016 Third Quarter Budget Supplemental Exhibit A FIS01.Microcomputer Support Technician A request in the amount of$58,000 is needed to hire a 1.0 F 1'b Microcomputer Support Technician along with the purchase of 3 new network servers.The Support Tech position,at a pro-rated cost of$8,000 will assist with the significant increase in helpdesk tickets as well as replacing the 250 aging computer devices within the city.The new network servers at a cost of$50,000 will replace aging servers. In addition,the servers will be able to handle the anticipated increased network traffic due to the new citywide phone system.As a result,Central Services Fund contingency will decrease by$8,000,and Central Services Fund reserves for future expenditures will decrease by$50,000.Information Technology program expenditures will increase by$58,000. Q2 Q3 Revised Revised Budget Amendment Budget Central Service Fund Resources Beginning Fund Balance $ 387,372 $ 387,372 Property Taxes $ - $ - Franchise Fees - Licenses&Permits $ 33,872 $ 33,872 Intergovernmental - Charges for Services $ 6,986,481 $ 6,986,481 Fines&Forfeitures - Interest Earnings $ 22,593 S 22,593 Miscellaneous $ 19,900 S 19,900 Other Financing Sources S - S - Transfers In from Other Funds S 733,824 $ 733,824 Total Resources $ 8,184,042 $ - $ 8,184,042 Requirements Community Development $ - S - Community Services $ - S - Policy and Administration S 7,864,297 $ 58,000 $ 7,922,297 Public Works S - S - Program Expenditures Total $ 7,864,297 $ 58,000 $ 7,922,297 Debt Service $ - S - Loans $ - S - Work-In-Progress S - S - Transfers to Other Funds - Contingency $ 110,000 $ (8,0(X1) $ 102385) Total Budget $ 7,974,297 $ 50,000 $ 8,024,297 Reserve For Future Expenditure $ 209,745 $ (50,000) $ 159,745 Total Requirements $ 82184042 $ - $ 87184,042 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3FIS1 1 FY 2016 Third Quarter Budget Supplemental Exhibit A FIS02.Credit Card Fees Due to the increase in credit card usage in Utility Billing,there has been a significant increase in the credit card fees along with fees for banking analysis.The increase in credit card fees in Utility Billing is primarily due to an increase in water meter sales resulting from a higher increase in customer payments by credit cards. Related bank analysis fees include the lock box,E-lock box and electronic check service/ACH.Therefore, a total request of$80,000 is needed to pay for the increased credit card fees.As a result,there will be a decrease in contingency Stormwater of$8,800,Water for S55,200,and Sanitary Sewer Funds for$16,000.Transfers will increase.Policy and Administration program expenditures will increase by$80,000. Fund 1 of 4 Q2 Q3 Revised Revised Budget Amendment Budget Stormwater Fund Resources Beginning Fund Balance $ 3,826,154 $ 3,826,154 Property Taxes S - $ - Franchise Fees S - $ - Licenses&Permits S - $ - Intergovemmental S - S - Charges for Services $ 2,595,949 $ 2,595,949 Fines&Forfeitures S - S - Interest Earnings $ 7,936 $ 7,936 Miscellaneous S 3,100 $ 3,100 Other Financing Sources S - $ - Transfers In from Other Funds S - S - Total Resources $ 6,433,139 $ - $ 6,433,139 Requirements Community Development S - Community Services S - S - Policy and Administration - Public Works $ 1,738,126 S 1,738,126 Program Expenditures Total $ 1,738,126 $ - $ 1,738,126 Debt Service $ - $ - Loans $ - S - Work-In-Progress $ 1,327,096 S 1,327,096 Transfers to Other Funds $ 433,356 5 8,800 $ 442,156 Contingency S 190,000 $ (8,800) $ 181,200 Total Budget $ 3,688,578 $ - $ 3,688,578 Reserve For Future Expenditure $ 2,744,561 $ - $ 2,744,561 Total Requirements $ 6,433,139 $ - $ 6,433139_ I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3FIS 2 2 FY 2016 Third Quarter Budget Supplemental Exhibit A FIS02.Credit Card Fees Due to the increase in credit card usage in Utility Billing,there has been a significant increase in the credit card fees along with fees for banking analysis.The increase in credit card fees in Utility Billing is primarily due to an increase in water meter sales resulting from a higher increase in customer payments by credit cards. Related bank analysis fees include the lock box,E-lock box and electronic check service/ACH.Therefore, a total request of$80,000 is needed to pay for the increased credit card fees.As a result,there will be a decrease in contingency Stormwater of S8,800,Water for$55,200,and Sanitary Sewer Funds for$16,000.Transfers will increase.Policy and Administration program expenditures will increase by$80,000. Fund 2 of 4 Q2 Q3 Revised Revised Budget Amendment Budget Water Fund Resources Beginning Fund Balance $ 20,253,515 $ 20,253,515 Property Taxes S - S - Franchise Fees $ $ - Licenses&Permits $ 31,335 $ 31,335 Intergovernmental - Charges for Services $ 18,827,178 $ 18,827,178 Fines&Forfeitures - Interest Earnings $ 30,644 $ 30,644 Miscellaneous S 10,933 $ 10,933 Other Financing Sources - Transfers In from Other Funds $ 58,751 $ 58,751 Total Resources $ 39,212,356 $ - $ 39,212,356 Requirements Community Development - Community Services - Policy and Administration - Public Works S 8,682,558 S 8,682,558 Program Expenditures Total $ 8,682,558 $ - $ 8,682,558 Debt Service - Loans - Work-In-Progress - Transfers to Other Funds $ 24,882,226 $ 55,200 $ 24,937,426 Contingency S 500,000 S (55,200) $ 444,800 Total Budget $ 34,064,784 $ - $ 34,064,784 Reserve For Future Expenditure $ 5,147,572 $ - $ 5,147,572 Total Requirements $ 39,212,356 $ - $ 39,212,356 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3FIS 2 3 FY 2016 Third Quarter Budget Supplemental Exhibit A FIS02.Credit Card Fees Due to the increase in credit card usage in Utility Billing,there has been a significant increase in the credit card fees along with fees for banking analysis.The increase in credit card fees in Utility Billing is primarily due to an increase in water meter sales resulting from a higher increase in customer payments by credit cards. Related bank analysis fees include the lock box,E-lock box and electronic check service/ACH.Therefore, a total request of$80,000 is needed to pay for the increased credit card fees.As a result,there will be a decrease in contingency Stormwater of$8,800,Water for$55,200,and Sanitary Sewer Funds for$16,000.Transfers will increase.Policy and Administration program expenditures will increase by$80,000. Fund 3 of 4 Q2 Q3 Revised Revised Budget Amendment Budget Sanitary Sewer Fund Resources Beginning Fund Balance $ 3,595,376 $ 3,595,376 Property Taxes S - - Franchise Fees $ - - Licenses&Permits $ 16,549 $ 16,549 Intergovernmental $ 221,770 $ 221,770 Charges for Services $ 1,590,932 $ 1,590,932 Fines&Forfeitures $ - S - Interest Earnings $ 1(0,333 $ 100,333 Miscellaneous $ 143,091 $ 143,091 Other Financing Sources $ - $ - Transfers In from Other Funds S - S - Total Resources $ 5.':051 $ - $ 5 668 051 Requirements Community Development S - $ - Community Services $ - $ - Policy and Administration S - $ - Public Works S 1,960,087 $ 1,960,087 Program Expenditures Total $ 1,960,087 $ - $ 1,960,067 Debt Service - $ - Loans S - $ - Work-In-Progress S 984,693 $ 984,693 Transfers to Other Funds 93,434 $ 16,000 $ 109,434 Contingency $ 392,000 $ (16,000) $ 376,000 Total Budget $ 3,430,214 $ - $ 3,430,214 Reserve For Future Expenditure $ 2,237,837 $ - $ 2,237,837 Total Requirements $ 5,668,051 $ - $ 5,668,051 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3FIS 2 4 FY 2016 Third Quarter Budget Supplemental Exhibit A FIS02.Credit Card Fees Due to the increase in credit card usage in Utility Billing,there has been a significant increase in the credit card fees along with fees for banking analysis.The increase in credit card fees in Utility Billing is primarily due to an increase in water meter sales resulting from a higher increase in customer payments by credit cards. Related bank analysis fees include the lock box,E-lock box and electronic check service/ACH.Therefore, a total request of$80,000 is needed to pay for the increased credit card fees.As a result,there will be a decrease in contingency Stormwater of$8,800,Water for$55,200,and Sanitary Sewer Funds for S16,000.Transfers will increase.Policy and Administration program expenditures will increase by$80,000. fund 4 of 4 Q2 Q3 Revised Revised Budget Amendment Budget Central Service Fund Resources Beginning Fund Balance $ 387,372 $ 387,372 Property Taxes S - S - Franchise Fees $ - S - Licenses&Permits S 33,872 S 33,872 Intergovernmental $ - S - Charges for Services $ 6,986,481 $ 6,986,481 Fines&Forfeitures $ - $ - Interest Earnings $ 22,593 S 22,593 Miscellaneous $ 19,900 S 19,900 Other Financing Sources S - $ Transfers In from Other Funds S 733,824 S 80,000 S 813,824 Total Resources $ 8,184,042 $ 80,000 $ 8,264,042 Requirements Community Development $ - $ - Community Sen-ices $ - S - Policy and Administration $ 7,864,297 S 80,000 S 7,944,297 Public Works S S - Program Expenditures Total $ 7,864,297 $ 80,000 $ 7,944,297 Debt Service S c - Loans $ - S - Work-In-Progress $ - S - Transfers to Other Funds $ - S - Contingency S ]luiisni S I1000u Total Budget $ 7,974,297 $ 80,000 $ 8,054,297 Reserve For Future Expenditure $ 209,745 $ - $ 209,745 Total Requirements $ 8,184,042 $ 80,000 $ 8,264,042 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3FI5 2 5 FY 2016 Third Quarter Budget Supplemental Exhibit A FIS03.Software License&Maintenance The annual software licenses and maintenance costs for Springbrook/Accela related to the functionality of receiving credit card payments by phone for Utility Billing customers has increased. This request totaling$25,000 will cover Interactive Voice Response(IVR)transaction fees and the Spangbrook subscription fee for the fiscal period ended 06/30/16.This action will show a decrease in contingency Stormwater of$2,750,Water for$17,250,and Sanitary Sewer Funds for$5,000.Transfers will increase.Policy and Administration program expenditures will increase by$25,000. Fund 1 of 4 Q2 Q3 Revised Revised Budget Amendment Budget Stormwater Fund Resources Beginning Fund Balance $ 3,826,154 $ 3,826,154 Property Taxes S - $ Franchise Fees $ - $ - Licenses&Permits $ - $ - Intergovernmental S - S - Charges for Services $ 2,595,949 $ 2,595,949 Fines&Forfeitures $ - $ - Interest Earnings S 7,936 $ 7,936 Miscellaneous $ 3,100 S 3,100 Other Financing Sources $ - - Transfers In from Other Funds S - Total Resources $ 6,433,139 $ - $ 6,433,139 Requirements Community Development S - S Community Services S - S - Policy and Administration $ - S - Public Works $ 1,738,126 $ 1,738,126 Program Expenditures Total $ 1,738,126 $ - $ 1,738,126 Debt Service $ - $ - Loans S - S - Work-In-Progress S 1,327,096 S 1,327,096 Transfers to Other Funds S 433,356 $ 2,750 $ 436,106 Contingency S 190,000 S (2,750) S 187,250 Total Budget $ 3,688,578 $ - $ 3,688,578 Reserve For Future Expenditure $ 2,744,561 $ - $ 2,744,561 Total Requirements $ 6,433,139 $ - $ 6,433,139 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3FIS 3 6 FY 2016 Third Quarter Budget Supplemental Exhibit A FIS03.Software License&Maintenance The annual software licenses and maintenance costs for Springbrook/Accela related to the functionality of receiving credit card payments by phone for Utility Billing customers has increased. This request totaling$25,000 will cover Interactive Voice Response(IVR)transaction fees and the Springbrook subscription fee for the fiscal period ended 06/30/16.This action will show a decrease in contingency Stormwater of$2,750,Water for$17,250,and Sanitary Sewer Funds for$5,000.Transfers will increase.Policy and Administration program expenditures will increase by$25,000. Fund 2 of 4 Q2 Q3 Revised Revised Budget Amendment Budget Water Fund Resources Beginning Fund Balance $ 20,253,515 $ 20,253,515 Property Taxrs $ - S - Franchise Fees 5 - $ - Licenses&Permits $ 31,335 $ 31,335 Intergovernmental $ - $ - Charges for Services $ 18,827,178 $ 18,827,178 Fines&Forfeitures S - S - Interest Earnings $ 3(1,(44 $ 30,644 Miscellaneous $ I,':);3 $ 10,933 Other Financing Sources $ $ - Transfers In from Other Funds S I _ 58,-',I Total Resources $ 39,212,356 $ - $ 39,212,356 Requirements Community Development S - S Community Services $ - $ - Policy and Administration $ - $ - Public Works $ 8,682,558 $ 8,682,558 Program Expenditures Total $ 8,682,558 $ - $ 8,682,558 Debt Service $ - $ - Loans $ - $ - Work-In-Progress $ - $ - Transfers to Other Funds $ 24,882,226 $ 17,250 $ 24,899,476 Contingency $ 500,000 $ (17,250) S 482,750 Total Budget $ 34,064,784 $ - $ 34,064,784 Reserve For Future Expenditure $ 5,147,572 $ - $ 5,147,572 Total Requirements $ 39,212,356 $ - $ 39,212,356 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3FIS 3 7 FY 2016 Third Quarter Budget Supplemental Exhibit A FIS03.Software License&Maintenance The annual software licenses and maintenance costs for Springbrook/Accela related to the functionality of receiving credit card payments by phone for Utility Billing customers has increased. This request totaling S25,000 will cover Interactive Voice Response(IVR)transaction fees and the Springbrook subscription fee for the fiscal period ended 06/30/16.This action will show a decrease in contingency Stormwater of$2,750,Water for$17,250,and Sanitary Sewer Funds for$5,000.Transfers will increase.Policy and Administration program expenditures will increase by$25,000. Fund 3 of 4 Q2 Q3 Revised Revised Budget Amendment Budget Sanitary Sewer Fund Resources Beginning Fund Balance $ 3,595,376 $ 3,595,376 Property Taxes $ - S Franchise Fees $ - S - Licenses&Permits $ 16,549 $ 16,549 Intergovernmental $ 221,770 $ 221,770 Charges for Services $ 1,590,932 $ 1,590,932 Fines&Forfeitures $ - $ - Interest Earnings $ 100,333 $ 100,333 Miscellaneous S 143,091 $ 143,091 Other Financing Sources - $ Transfers In from Other Funds $ - Total Resources $ 5,668,051 $ - $ 5,668,051 Requirements Community Development S - $ - Community Services S - $ - Policy and Administration $ - $ - Public Works $ 1,960,087 S 1,960,087 Program Expenditures Total $ 1,960,087 $ - $ 1,960,087 Debt Service $ - S - Loans - Work-In-Progress $ 984,693 S 984,693 Transfers to Other Funds S 93,434 $ 5,000 $ 98,434 Contingency S 392,000 $ (5,000) $ 387,11011 Total Budget $ 3,430,214 $ - $ 3,430,214 Reserve For Future Expenditure $ 2237,837 $ - $ 2,237,837 Total Requirements $ 5,668,051 $ - $ 5,668,051 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3FIS 3 8 FY 2016 Third Quarter Budget Supplemental Exhibit A FIS03.Software License&Maintenance The annual software licenses and maintenance costs for Springbrook/Accela related to the functionality of receiving credit card payments by phone for Utility Billing customers has increased. This request totaling$25,000 will cover Interactive Voice Response(IVR)transaction fees and the Springbrook subscription fee for the fiscal period ended 06/30/16.This action will show a decrease in contingency Stormwater of$2,750,Water for$17,250,and Sanitary Sewer Funds for$5,000.Transfers will increase.Policy and Administration program expenditures will increase by$25,000. Fund 4 of 4 Q2 Q3 Revised Revised Budget Amendment Budget Central Service Fund Resources Beginning Fund Balance $ 387,372 $ 387,372 Property Taxes - Franchise Fees $ - S - Licenses&Permits S 33,872 $ 33,872 Intergovernmental - Charges for Services S 6,986,481 $ 6,986,481 Fines&Forfeitures - Interest Earnings $ 22,593 $ 22,593 Miscellaneous $ 19,900 $ 19,900 Other Financing Sources - Transfers In from Other Funds • -53,824 S 2511(10 S 758,824 Total Resources $ 8,184,042 $ 25,000 $ 8,209,042 Requirements Community Development $ - $ - Community Services $ - S - Policy and Administration S 7,864,297 S 25,000 S 7,889,297 Public Works $ - S - Program Expenditures Total $ 7,864,297 $ 25,000 $ 7,889,297 Debt Service S - S - Loans $ - S - Work-In-Progress $ - $ - Transfers to Other Funds S - S - Contingencv S 110,0011 $ 110,000 Total Budget $ 7,974,297 $ 25,000 $ 7,999,297 Reserve For Future Expenditure $ 209,745 $ - $ 209,745 Total Requirements $ 8,184,042 $ 25,000 $ 8,209,042 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3FIS 3 9 FY 2016 Third Quarter Budget Supplemental Exhibit A FISO4.System Development Charges(SDC)-Legal Fees&Implementation Services The city has had difficulty with the implementation of SDC fees.In addition,a lawsuit has been filed by the Home Builders Association related to the new SDCs.By fiscal year end,a total of$45,000 is expected to be spent on these issues with an estimated expense of$20,000 related to the Home Builder's Association's litigation;and $25,000 for discussions related to system development charges.As a result,Central Service Fund contingency will decrease by$45,000 with an equal increase in program expenditures for Policy&Administration. Q2 Q3 Revised Revised Budget Amendment Budget Central Service Fund Resources Beginning Fund Balance $ 387,372 $ 387,372 Property Taxes S - $ - Franchise Fees $ - $ - Licenses&Permits $ 33,872 $ 33,872' Intergovernmental $ - $ - Charges for Services $ 6,986,481 $ 6,986,481 Fines&Forfeitures $ - $ - Interest Earnings $ 22,593 $ 22,593 Miscellaneous $ 19,900 S 19,900 Other Financing Sources $ - $ - Transfers In from Other Funds S 733,824 S 733,824 Total Resources $ 8,184,042 $ - $ 8,184,042 Requirements Community Development $ - $ - Community Services $ - S - Policy and Administration S 7,864,297 S 45.11(n 1 S 7,909,297 Public Works S - S - Program Expenditures Total $ 7,864,297 $ 45,000 $ 7,909,297 Debt Service S - $ - Loans S - $ - Work-In-Progress $ - $ - Transfers to Other Funds $ - $ - Contingency S 110,000 S (45,000) $ 65,000 Total Budget $ 7,974,297 $ - $ 7,974,297 Reserve For Future Expenditure $ 209,745 $ - $ 209,745 Total Requirements $ 8,184,042 $ - $ 8,184,042 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3FIS4 10 FY 2016 Third Quarter Budget Supplemental Exhibit A FIS05.Bancroft Debt Service Fund A request in the amount of$2,700 is required to correct an audit finding in the principle payment for the Bancroft Debt Service fund.Payments are due July 1.To make the July 1st payment on time, payment is normally made a couple of days earlier which falls within the prior fiscal year.This additional appropriation will provide enough budget to ensure that payments are in line with the amortization schedule. This action will show a decrease in reserve for future expenditures by$2,7(X)in the Bancroft Debt Service Fund with an equal increase in debt service payments. Q3 Adopted Revised Budget Amendment Budget Bancroft Debt Service Fund Resources Beginning Fund Balance $ 563,718 $ 563,718 Property Taxes $ - $ - Special Assessments S 120,000 $ 120,000 Licenses&Permits S - $ - Intergovernmental S - $ - Charges for Services $ - S - Fines&Forfeitures S - $ - Interest Earnings S - $ - Miscellaneous S - $ - Other Financing Sources S - S - Transfers In from Other Funds $ - $ - Requirements Community Development S - S - Community Services $ - S - Policy and Administration $ - $ - Public Works S - $ - Program Expenditures Total $ - $ - $ - Debt Service $ 103,200 S 2,700 $ 105,900 Loans $ - $ - Work-In-Progress $ - $ - Transfers to Other Funds S 499 $ 499 Contingency S - S - Total Budget $ 103,699 $ 2,700 $ 106,399 Reserve For Future Expenditure $ 580,019 $ (2,700) $ 577,319 Total Requirements $ 683718 $ - $ 683,718 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3FIS 5 11 FY 2016 Third Quarter Budget Supplemental Exhibit A CD01.Vehicle Replacement A request in the amount of$25,000 is required in order to replace a vehicle that was totaled after being stolen from the city parking lot.As a result,Building contingency will decrease by$25,000 with an equal increase in Building program expenditures. Q3 Adopted Revised Budget Amendment Budget Building Fund Resources Beginning Fund Balance $ 2,213,677 $ 2,213,677 Property Taxes $ - S - Franchise Fees $ - S - Licenses&Permits $ 1,791,239 $ 1,791,239 Intergovernmental $ 8,281 $ 8,281 Charges for Services $ 7,035 $ 7,035 Fines&Forfeitures $ - $ - Interest Earnings $ 19,782 $ 19,782 Miscellaneous $ 932 $ 932 Other Financing Sources S - S - transfers In from Other Funds S 180,000 $ 180,000 Total Resources $ 4,220,946 $ - $ 4,220,946 Requirements Community Development $ 1,949,847 $ 25,000 $ 1,974,847 Community Services $ - S - Policy and Administration S - $ - Public Works S - S - Program Expenditures Total $ 1,949,847 $ 25,000 $ 1,974,847 Debt Service S - S - Loans S - $ - Work-In-Progress S - $ - Transfers to Other Funds S - S - Contingency S 250,0(10 S (25,0151) S 225,0(X) Total Budget $ 2,199,847 $ - $ 2,199,847 Reserve For Future Expenditure $ 2,021,099 $ - $ 2,021,099 Total Re.uirements $ 4 0 946 $ - $ 4 0 946 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3CD1 12 FY 2016 Third Quarter Budget Supplemental Exhibit A CD02.Credit Card Fees Due to the increase in credit card usage in Community Development for increased building permit activity,the department has seen a significant increase in its credit card fees and related fees for banking analysis. Therefore,a request in the amount of$15,000 is required.This action will decrease Building Fund contingency by 515,000 with an equal increase in Building program expenditures. Q3 Adopted Revised Budget Amendment Budget Building Fund Resources Beginning Fund Balance $ 2,213,677 $ 2,213,677 Property Taxes S - S - Franchise Fees Licenses&Permits $ 1,791,239 $ 1,791,239 Intergovernmental S 8,281 $ 8,281 Charges for Services S 7,035 $ 7,035 Fines&Forfeitures - Interest Earnings $ 19,782 $ 19,782 Miscellaneous S 932 5 932 Other Financing Sources - Transfers In from Other Funds $ 180,000 $ 180,00(1 Total Resources $ 4,220,946 $ - $ 4,220[946 Requirements Community Development $ 1,949,847 $ 15,000 $ 1,964,847 Community Services - Policy and Administration S - S - Public Works S - S - Program Expenditures Total $ 1,949,847 $ 15,000 $ 1,964,847 Debt Service - Loans $ - $ - Work-In-Progress - Transfers to Other Funds $ - $ - Contingency S 250,00(1 S (15,000) S 235,000 Total Budget $ 2,199,847 $ - $ 2,199,847 Reserve For Future Expenditure $ 2,021,099 $ - $ 2,021,099 Total Requirements $ 4,220,946 $ - $ 4,220,946 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3CD 2 13 FY 2016 Third Quarter Budget Supplemental Exhibit A CD03.Tigard Triangle Strategic Plan The city signed an intergovernmental agreement with Metro in March 2016 after being awarded the Community Planning&Development Grant(CPDG)in the amount of$145,250.A request in the amount of$36,250 is needed to be used to implement the Tigard Triangle Strategic Plan that was completed in March 2015.The expected deliverables include a Streetscape Design,Opportunity Site Analysis,and an Urban Renewal Plan.The remaining$109,000 will be budgeted in Community Development in FY 2017.As a result,General Fund intergovernmental revenues will increase by$36,250 with an equal increase in Community Development program expenditures. Q2 Q3 Revised Revised Budget Amendment Budget General Fund Resources Beginning Fund Balance $ 10,779,593 $ 10,779,593 Property Taxes S 14,330,765 $ 14,330,765 Franchise Fees $ 5,909,165 S 5,909,165 Licenses&Permits $ 1,352,420 $ 1,352,420 Intergovernmental $ 5,475,285 $ 36,250 $ 5,511,535 Charges for Services $ 3,039,908 $ 3,039,908 Fines&Forfeitures S 873,006 $ 873,006 Interest Earnings $ 103,722 $ 103,722 Miscellaneous $ 56,432 S 56,432 Other Financing Sources - Transfers In from Other Funds Total Resources $ 41,978,046 $ 36,250 $ 42,014,2% Requirements Community Development S 4,043,179 $ 36,250 $ 4,079,429 Community Services $ 22,326,539 $ 22,326,539 Policy and Administration S 906,662 S 906,662 Public Work. S 4,256,(172 S 4,256,072 Program Expenditures Total $ 31,532,452 $ 36,250 $ 31,568,702 Debt Service S - $ - Loans S - $ - Work-In-Progress S - $ - Transfers to Other Funds S 3,504,936 $ 3,504,936 Contingency S 978,868 S 978,868 Total Budget $ 36,016,256 $ 36.250 $ 36,052,506 Reserve For Future Expenditure $ 5,961,790 $ - $ 5,961,790 Tend Requirements $ 41,978,046 $ 56.250 $ 42,014,296 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3CD3 14 FY 2016 Third Quarter Budget Supplemental Exhibit A LIB01.Washington County Cooperative Library Services WCCT S has issued a distribution of Pool 2 funds amounting to$48,794 for the City of Tigard.This action will recognize the revenue and expense of the funds to be used to re-upholster furniture and the purchase of new computers in the Library.As a result,intergovernmental revenues will increase in the General Fund by$48,794 with an equal increase in Community Services program expenditures. Q2 Q3 Revised Revised Budget Amendment Budget General Fund Resources Beginning Fund Balance $ 10,779,593 $ 10,779,593 Property Taxes S 14,330,765 $ 14,330,765 Franchise Fees S 5,909,165 $ 5,909,165 Licenses&Permits $ 1,352420 $ 1,352420 Intergovernmental $ 5,475,285 $ 48,794 $ 5,524,079 Charges for Services $ 3,039,908 $ 3,039,908 Fines&Forfeitures S 873,006 $ 873,006 Interest Earnings $ 103,722 $ 103,722 Miscellaneous $ 56,432 $ 56,432 Other Financing Sources $ - S - Transfers In from Other Funds S 57,750 S 57,7511 Total Resources $ 41978 046 $ 48 794 $ 42 026 840 Requirements Community Development $ 4,043,179 S 4,043,179 Community Services $ 22326,539 S 48,794 S 22,375,333 Policy and Administration S 906,662 S 906,662 Public Works S 4,256,072 S 4,256,072 Program Expenditures Total $ 31,532,452 $ 48,794 $ 31,581,246 Debt Service S - S - Loans $ - S - Work-In-Progress S - S - Transfers to Other Funds $ 3,504,936 S 3,504,936 Contingency S 978,868 S 978,868 Total Budget $ 36,016,256 $ 48,794 $ 36,065,050 Reserve For Future Expenditure $ 5,961,790 $ - $ 5,961,790 Total R •uirements $ 41 978 046 $ 48 794 $ 42 026 840 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3LIB1 15 FY 2016 Third Quarter Budget Supplemental Exhibit A PD01.Property&Evidence office reconfiguration Recognize funds from the sale of ammunition that is no longer needed(sales 514,880)and the sale of two patrol cars at the State of Oregon auction($5,600)in order to purchase:5 modular desks (3 for the patrol sergeant office reconfiguration and 2 sit/stand desks for property&evidence office reconfiguration)and 6 chairs for the patrol sergeant office(3 replacement chairs+3 new chairs). The reconfiguration of the two offices is to maximize use of space and ease over-crowding. This action will cause an increase in miscellaneous revenues within General Fund by$20,000 with an increase in Community Services program expenditures by the same amount. Q2 Q3 Revised Revised Budget Amendment Budget General Fund Resources Beginning Fund Balance $ 10,779,593 $ 10,779,593 Property Taxes $ 14,330,765 $ 14,330,765 Franchise Fees S 5,909,165 S 5,909,165 Licenses&Permits S 1,352,420 S 1,352420 Intergovernmental S 5,475,285 $ 20,480 S 5,495,765 Charges for Services S 3,039,908 S 3,039,908 Fines&Forfeitures S 873,006 S 873,006 Interest Earnings S 103,722 $ 103,722 Miscellaneous S 56,432 $ 56,432 Other Financing Sources S - S - Transfers In from Other Funds S 57,750 S 57,750 Total Resources $ 41,978,046 $ 20,480 $ 41,998,526 Requirements Community Development $ 4,043,179 $ 4,043,179 Community Services $ 22,326,539 $ 20,480 $ 22,347,019 Policy and Administration S 906,662 S 906,662 Public Works S 4,256,072 S 4,256,072 Program Expenditures Total $ 31,532,452 $ 20,480 $ 31,552,932 Debt Service S - S - Loans $ - $ - Work-In-Progress S - $ - Transfers to Other Funds S 3,504,936 S 3,504,936 Contingency S 978.868 S 978,868 Total Budget $ 36,016,256 $ 20,480 $ 36,036,736 Reserve For Future Expenditure $ 5,961,790 $ - $ 5,961,790 Total Re.uirements $ 41978 046 $ 20 480 $ 41 998 526 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3PD1 16 FY 2016 Third Quarter Budget Supplemental Exhibit A PW01.Streets FTE Technical Adjustment With the migration to a new position control system and process,a Utility Worker II position within Street Maintenance Division was inadvertently omitted.The budget dollars for this position remained but the 1.1 h was eliminated.This request will authorize the additional 1.0 b l E without any impact to budget. I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q3PW1 17 FY 2016 Third Quarter Budget Supplemental Exhibit A CIP 01.95th Ave.&N.Dakota Sidewalk Improvements A total of$60,00(is being requested to provide the required curbing and storm drain improvements. The city has received a Community Development Block Grant(CDBG)from Washington County in the amount of$30,000 to perform this work.This request recognizes and appropriates the$30,000 CDBG funds.In addition, a total of$30,000 from Gas Tax Fund contingency will fully fund the work. This action will show an increase in Gas Tax intergovernmental revenues by$30,000 with a decrease in Gas Tax contingency by the same amount.Transfers will increase.Capital program expenditures will increase by $60,000 in the Transportation CIP Fund. Fund 1 of 2 Q2 Q3 Revised Revised Budget Amendment Budget Gas Tax Fund Resources Beginning Fund Balance $ 1,028,122 $ 1,028,122 Property Taxes $ $ - Franchise Fees $ - S - Licenses&Permits $ 5,872 S 5,872 Intergovernmental $ 3,070,117 $ 30,000 S 3,100,117 Charges for Services $ - $ - Fines&Forfeitures - Interest Earnings S 55,732 S 55,732 Miscellaneous S 62,818 S 62,818 Other Financing Sources S - $ - Transfers In from Other Funds S 136,275 S 136,275 Total Resources $ 4,358,936 $ 30,000 $ 4,388,936 Requirements Community Development S - • - Community Services $ - - Policy and Administration $ - S - Public Works $ 2,202,321 $ 2,2))2,321 Program Expenditures Total $ 2,202,321 $ - $ 2,202,321 Debt Service $ 592,425 $ 592,425 Loans $ - $ - Work-In-Progress $ - $ - Transfers to Other Funds S 552,639 S 60,000 S 612,639 Contingency S 200,000 S (30,0(10) S 17(1,(1(n) Total Budget $ 3,547,385 $ 30,000 $ 3,577,385 Reserve For Future Expenditure $ 811,551 $ - $ 811,551 Total Requirements $ 4,358,936 $ 30,000 $ 4,388,936 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q395045 18 FY 2016 Third Quarter Budget Supplemental Exhibit A CIP 01.95th Ave.&N.Dakota Sidewalk Improvements A total of$60,000 is being requested to provide the required curbing and storm drain improvements. The city has received a Community Development Block Grant(CDBG)from Washington County in the amount of$30,000 to perform this work.This request recognizes and appropriates the$30,000 CDBG funds.In addition, a total of$30,000 from Gas Tax Fund contingency will fully fund the work. This action will show an increase in Gas Tax intergovernmental revenues by$30,000 with a decrease in Gas Tax contingency by the same amount.Transfers will increase.Capital program expenditures will increase by $60,000 in the Transportation CIP Fund. Fund 2 of 2 Q2 Q3 Revised Revised Budget Amendment Budget Transportation CIP Fund Resources Beginning Fund Balance $ 379,619 $ 379,619 Property Taxes - Franchise Fees $ - S - Licenses&Permits - Intergovernmental - Charges for Services S - S - Fines&Forfeitures - Interest Earnings $ - S Miscellaneous - Other Financing Sources - Transfers In from Other Funds S 1,635,448 S 60,001) S 1,695,448 Total Resources $ 2,015,067 $ 60,000 $ 2,075,067 Requirements Community Development $ - S - Community Services $ - $ - Policy and Administration - Public Works S - S - Program Expenditures Total $ - $ $ - Debt Service - Loans $ - S - Work-In-Progress $ 1,625,448 $ 60,000 S 1,685,448 Transfers to Other Funds S 57,410 S 57,410 Contingence - Total Budget $ 1,682,858 $ 60,000 $ 1,742,858 Reserve For Future Expenditure $ 332,209 $ - $ 332,209 Total Requirements $ 2,015,067 $ 60,000 $ 2,075,067 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q395045 19 FY 2016 Third Quarter Budget Supplemental Exhibit A CIP 02.Tiedeman Crossing/Fanno Creek Trail This request recognizes and appropriates S 11 1,1)00 of a$660,000 Community Development Block Grant(CDBG) from Metro for work on the Tiedeman Crossing/Fanno Creek Trail. This project fills sidewalk"gaps"on Tiedeman Avenue,and improves a dangerous connection near the Fanno Creek trail. The remainder of the METRO grant is programmed in subsequent years in the FY 2016-17 OP. As a result,there is an increase in intergovernmental revenues in Parks Capital Fund by$10,000 with an equal increase in capital program expenditures. Q2 Q3 Revised Revised Budget Amendment Budget Parks Capital Fund Resources Beginning Fund Balance $ 298,740 $ 298,740 Property Taxes S - S - Franchise Fees S - $ - Licenses&Permits S - $ - Intergovernmental S - $ 10,000 $ 10,000 Charges for Services $ - S - Fines&Forfeitures $ - $ - Interest Earnings $ 3,015 $ 3,1)15 Miscellaneous S - $ - Other Financing Sources S - $ - Transfers In from Other Funds S 3,686,561 S 3,686,561 Total Resources $ 3,988,316 $ 10,000 $ 3,998,316 Requirements Community Development S - Community Services S Policy and Administration S Public Works S S Program Expenditures Total $ - $ - $ - Debt Service S - S - Loans S - $ - Work-In-Progress $ 3,686,561 $ 10,0011 S 3,696,561 Transfers to Other Funds S 123,932 S 123,932 Contingency S - S - Total Budget $ 3,810,493 $ 10,000 $ 3,820,493 Reserve For Future Expenditure $ 177,823 $ - $ 177,823 Total Requirements $ 3,988,316 $ 10,000 $ 3,998,316 I:\FIN\Budget 16\Amendments\Q3\FY16-Exhibit-A-Q3FY16-Exhibit-A-Q392051 20 FY 2015-16 Third Quarter Supplemental Budget-CIP Exhibit B 95045 95th Avenue and North Dakota Street Sidewalks This project fills sidewalk"gaps",and provides the required curbing and storm drain improvements Original Revised Revised ' Revised Budget Budget Projected Projected Projected Projected FY 2016 This Change FY 2016 2017 2017 2018 2018 Project Total Internal Expenses Design and Engineering - - - - - Project Management 14,008 14,008 - - - - 14.008 Construction Management 8,653 8,653 - - - - 8.653 Total 22,661 - 22,661 - - - - 22,661 •-- - External Expenses Public Involvement - - - - - - Land/Right of Way Acquisition - - - - - - Design and Engineering 24,339 24,339 - - - - 24,339 Construction 140,000 60,000 200,000 - - - 200,000 Contingence - - - - - - - Total 164,339 60,000 224,339 - - -_- 224,339 Total Project Expense 187,000 I 60,000 I 247,000 I - - - - I 247,000 ismisRevenue Funding Source 200-Gas Tax I-and 28,050 30,000 58,050 - - - - 58,050 Washington County 158,950 30,000 188,950 - - - - 188,950 Total Project Revenues 187,000 60,000 247,000 - - - - 247,000 92051 Tiedeman Crossing/Fanno Creek Trail This project fills sidewalk"gaps"on Tiedeman Avenue,and improves a dangerous connection near the Fanno Creek trail Original Revised Revised Revised Budget Budget Projected Projected Projected Projected FY 2016 This Change FY 2016 2017 2017 2018 2018 Project Total Internal Expenses Design and Engineering - - - - - Project Management 10,000 10,000 40,000 40,000 20,000 20,000 70,000 Construction Management - - - - - - Total - 10,000 10,000 40,000 40,000 20,000 20,000 70,000 External Expenses Public Involvement - - - - - Land/Right of Way Acquisition - - - - - Design and Engineering - 200,000 200,000 - - 200,000 Construction - - - 300,000 300,000 300,000 Enrivonmental Permit Compliance - 20,000 20,000 - - 20,000 Contingency - ` 10,000 10.000 60,000 60,000 70,000 Total - - - 230,000 230,000 360,000 360,000 590,000 I I I Total Project Expense - 10,000 10,000 I 270,000 I 270.000 I 380,000 I 380,000 I 660,000 Revenue Funding Source Metro Greenspace 10,000 10,000 270,000 270,000 380,000 380,000 660,000 Total Project Revenues 10,000 10,000 270,000 270,000 380,000 380,000 660,000 FY 2016 Third Quarter Supplemental Exhibit-C Summary of Budget Changes Q2 Q3 Revised Revised Budget Amendment Budget Affected City Funds Resources Beginning Fund Balance $ 43,327,779 $ - $ 43,327,779 Property Taxes $ 14,330,765 $ - $ 14,330,765 Franchise Fees $ 5,909,165 S - $ 5,909,165 Special Assessments $ 120,000 $ - S 120,000 Licenses&Permits $ 3,231,287 $ - $ 3,231,287 Intergovernmental $ 8,806,268 $ 145,524 $ 8,951,792 Charges for Services $ 33,049,423 $ - $ 33,049,423 Fines&Forfeitures $ 873,006 $ - $ 873,006 Interest Earnings $ 343,757 $ - $ 343,757 Miscellaneous $ 299,546 $ - $ 299,546 Other Financing Sources S - S - S - Transfers In from Other Funds S 6,525,609 S 165,000 S 6,690,609 Total Resources $ 116,816,605 $ 310,524 $ 117,127,129 Requirements Community Development S 5,993,026 $ 76,250 $ 6,069,276 Community Services S 22,359,737 $ 69,274 S 22,429,011 Policy&Administration S 8,807,959 $ 208,000 $ 9,015,959 Public Works S 18,842,954 $ - $ 18,842,954 Program Expenditures Total $ 56,003,676 $ 353,524 $ 56,357,200 Debt Service S 695,625 $ - $ 695,625 Loans $ - $ - $ - Work-In-Progress S 7,623,798 $ 70,000 $ 7,693,798 Transfers to Other Funds S 29,686,707 $ 165,000 $ 29,851,707 Contingency S 2,582,593 $ (225,300) $ 2,357,293 Total Budget $ 96,592,399 $ 363,224 $ 96,955,623 Reserve For Future Expenditure $ 20,224,206 $ (52,700) $ 20,171,506 Total Requirements $ 116,816,605 $ 310,524 $ 117,127,129 1 of 11 FY 2016 Third Quarter Supplemental Exhibit-C Summary of Budget Changes Reference Budget Items: CD03,LIB01,PD01 Q2 Q3 Revised Revised Budget Amendment Budget General Fund Resources Beginning Fund Balance $ 10,781,486 $ - $ 10,781,486 Property''axes S 14,330,765 $ - S 14,330,765 Franchise Fees $ 5,909,165 $ - $ 5,909,165 Licenses&Permits $ 1,352,420 $ - $ 1,352,420 Intergovernmental S 5,506,100 $ 105,524 $ 5,611,624 Charges for Services $ 3,041,848 $ - $ 3,041,848 Fines&Forfeitures S 873,006 $ - $ 873,006 Interest Earnings S 103,722 S - S 103,722 Miscellaneous S 58,772 S - S 58,772 Other Financing Sources S - S - $ - Transfers In from Other funds S 57,750 S - S 57 750 Total Resources $ 42,015,034 $ 105,524 $ 42,120,558 Requirements Community Development S 4,043,179 $ 36,250 S 4,079,429 Community Services S 22,359,737 S 69,274 $ 22,429,011 Policy and Administration $ 906,662 $ - $ 906,662 Public Works S 4,259,862 $ - S 4,259,862 Program Expenditures Total $ 31,569,440 $ 105,524 $ 31,674,964 Debt Service $ - S - S - Loans S - S - S - Work-In-Progress $ - S - $ - Transfers to Other Funds $ 3,543,211 $ - $ 3,543,211 Contingency S 940,593 $ - S 940,593 Total Budget $36,053,244 $ 105,524 $ 36,158,768 Reserve For Future Expenditure $ 5,961,790 $ - $ 5,961,790 Total Requirements $ 42,015,034 $ 105,524 $ 42,120,558 2 of 11 FY 2016 Third Quarter Supplemental Exhibit-C Summary of Budget Changes Reference Budget Items:FIS01-FISO4 Q2 Q3 Revised Revised Budget Amendment Budget Central Service Fund Resources Beginning Fund Balance $ 387,372 $ - $ 387,372 Property'faxes S - S - $ - Franchise Fees S - S - S - Licenses&Permits S 33,872 S - $ 33,872 Intergovernmental $ - S - S - Charges for Services $ 6,986,481 $ - $ 6,986,481 Fines&Forfeitures $ - $ - $ - Interest Earnings $ 22,593 $ - $ 22,593 Miscellaneous $ 19,900 $ - $ 19,900 Other Financing Sources S - S - $ - Transfers In from Other Funds S 770,824 S 105,000 S 875,824 Total Resources $ 8,221,042 $ 105,000 $ 8,326,042 Requirements Community Development S - $ - $ - Community Services S - $ - $ - Policy and Administration S 7,901,297 $ 208,000 S 8,109,297 Public Works S - S - S - Program Expenditures Total $ 7,901,297 $ 208,000 $ 8,109,297 Debt Service S - $ - $ - Loans S - S - $ - Work-In-Progress S - S - $ - Transfers to Other Funds S - $ - $ - Contingency S 110,000 S (53,000) S 57,000 Total Budget $ 8,011,297 $ 155,000 $ 8,166,297 Reserve For Future Expenditure $ 209,745 $ (50,000) $ 159,745 Total Requirements $ 8,221,042 $ 105,000 $ 8,326,042 3 of 11 FY 2016 Third Quarter Supplemental Exhibit-C Summary of Budget Changes Reference Budget Items: CD01-CD02 Q2 Q3 Revised Revised Budget Amendment Budget Building Fund Resources Beginning Fund Balance $ 2,213,677 $ - $ 2,213,677 Property Taxes S - S - S - Franchise Fees S - S - S - Special Assessments S - S - S - Licenses&Permits S 1,791,239 S - S 1,791,239 Intergovernmental S 8,281 $ - S 8,281 Charges for Services $ 7,035 S - S 7,035 Fines&Forfeitures S - S - S - Interest Earnings S 19,782 S - S 19,782 Miscellaneous S 932 S - S 932 Other Financing Sources $ - S - S - Transfers In from Other Funds S 180,000 S - S 180,000 Total Resources $ 4,220,946 $ - $4,220,946 Requirements Community Development $ 1,949,847 $ 40,000 $ 1,989,847 Community Services S - S - S - Policy and Administration S - S - S - Public Works S - S - S - Program Expenditures Total $ 1,949,847 $ 40,000 $ 1,989,847 Debt Service S - S - $ - Loans S - S - S - Work-In-Progress $ - S - S - Transfers to Other Funds S - S - $ - Contingency S 250,000 S (40,000) S 210,000 Total Budget $ 2,199,847 $ - $ 2,199,847 Reserve For Future Expenditure $ 2,021,099 $ - $ 2,021,099 Total Requirements $ 4,220,946 $ - $4,220,946 4 of 11 FY 2016 Third Quarter Supplemental Exhibit-C Summary of Budget Changes Reference Budget Items:CIP01 Q2 Q3 Revised Revised Budget Amendment Budget Gas Tax Fund Resources Beginning Fund Balance $ 1,028,122 $ - $ 1,028,122 Property'Taxes S - S - S - Franchise Fees S - S - S - Licenses&Permits S 5,872 S - S 5,872 Intergovernmental $ 3,070,117 $ 30,000 $ 3,100,117 Charges for Services $ - $ - $ - Fines&Forfeitures S - $ - S - Interest Earnings S 55,732 S - S 55,732 Miscellaneous $ 62,818 $ - $ 62,818 Other Financing Sources $ - $ - $ - Transfers In from Other Funds S 136,275 S - S 136,275 Total Resources $ 4,358,936 $ 30,000 $ 4,388,936 Requirements Community Development S - S - S - Community Services $ - S - S - Policy and Administration $ - S - S - Public Works $ 2,202,321 5 - $ 2,202,321 Program Expenditures Total $ 2,202,321 $ - $ 2,202,321 Debt Service S 592,425 $ - $ 592,425 Loans S - S - S - Work-In-Progress $ - $ - $ - Transfers to Other Funds S 552,639 $ 60,000 $ 612,639 Contingency S 200,000 S (30,000) S 170,000 Total Budget $ 3,547,385 $ 30,000 $ 3,577,385 Reserve For Future Expenditure $ 811,551 $ - $ 811,551 Total Requirements $ 4,358,936 $ 30,000 $ 4,388,936 5 of 11 FY 2016 Third Quarter Supplemental Exhibit-C Summary of Budget Changes Reference Budget Items:FIS02-FIS03 Q2 Q3 Revised Revised Budget Amendment Budget Sanitary Sewer Fund Resources Beginning Fund Balance $ 3,595,376 $ - $ 3,595,376 Property Taxes S - S - $ - Franchise Fees $ - S - $ - Licenses&Permits S 16,549 $ - $ 16,549 Intergovernmental S 221,770 $ - $ 221,770 Charges for Services $ 1,590,932 $ - $ 1,590,932 Fines&Forfeitures S - S - S - Interest Earnings $ 100,333 S - $ 100,333 Miscellaneous $ 143,091 S - $ 143,091 Other Financing Sources S - S - $ - Transfers In from Other Funds S - S - $ - Total Resources $ 5,668,051 $ - $ 5,668, Requirements Community Development S - $ - $ - Community Services S - S - S - Policy and Administration S - S - S - Public Works S 1,960,087 S - $ 1,960,087 Program Expenditures Total $ 1,960,087 $ - $ 1,960,087 Debt Service S - $ - $ - Loans S - S - S - Work-In-Progress $ 984,693 $ - S 984,693 Transfers to Other Funds $ 93,434 $ 21,000 $ 114,434 Contingency S 392,000 S (21,000) S 371,000 Total Budget $ 3,430,214 $ - $ 3,430,214 Reserve For Future Expenditure $ 2,237,837 $ - $ 2,237,837 Total Requirements $ 5,668,051 $ - $ 5,668,051 6 of 11 FY 2016 Third Quarter Supplemental Exhibit-C Summary of Budget Changes Reference Budget Items:FIS02-FIS03 Q2 Q3 Revised Revised Budget Amendment Budget Stormwater Fund Resources Beginning Fund Balance $ 3,826,154 $ - $ 3,826,154 Property Taxes S - S - $ - Franchise Fees S - S - S - Special Assessments S - S - $ - Licenses&Permits S - S - $ - Intergovernmental $ - S - S - Charges for Services $ 2,595,949 $ - $ 2,595,949 Fines&Forfeitures S - S - S - Interest Earnings S 7,936 S - $ 7,936 Miscellaneous S 3,100 S - S 3,100 Other Financing Sources S - S - S - Transfers In from Other Funds S - S - S - Total Resources $ 6,433,139 $ - $ 6,433,139 Requirements Community Development $ - $ - $ - Community Services $ - S - S - Policy and Administration $ - S - $ - Public Works S 1,738,126 S - S 1,738,126 Program Expenditures Total $ 1,738,126 $ - $ 1,738,126 Debt Service S - S - S - Loans S - S - S - Work-In-Progress S 1,327,096 $ - S 1,327,096 Transfers to Other Funds $ 433,356 $ 11,550 $ 444,906 Contingency S 190,000 S (11,550) S 178,450 Total Budget $ 3,688,578 $ - $3,688,578 Reserve For Future Expenditure $ 2,744,561 $ - $ 2,744,561 Total Requirements $ 6,433,139 $ - $ 6,433,139 7 of 11 FY 2016 Third Quarter Supplemental Exhibit-C Summary of Budget Changes Reference Budget Items:FIS02-FIS03 Q2 Q3 Revised Revised Budget Amendment Budget Water Fund Resources Beginning Fund Balance $ 20,253,515 $ - $ 20,253,515 Property Taxes S - S - $ Franchise Fees S - S - S Special Assessments S - $ - $ - Licenses&l'ermits S 31,335 S - S 31,335 Intergovernmental S - S - $ - Charges for Services S 18,827,178 $ - $ 18,827,178 Fines&Forfeitures S - $ - S - Interest Earnings $ 30,644 S - $ 30,644 Miscellaneous S 10,933 S - S 10,933 Other Financing Sources $ - $ - $ - Transfers In from Other Funds S 58,751 S - $ 58,751 TR : $ 39456 $ Requirements Community Development S - S - $ - Community Services S - S - S - Policy and Administration S - $ - S - Public Works S 8,682,558 S - S 8,682,558 Program Expenditures Total $ 8,682,558 $ - $ 8,682,558 Debt Service S - S - S Loans S - S - S - Work-In-Progress S - S - S - Transfers to Other Funds S 24,882,226 S 72,450 S 24,954,676 Contingency S 500,000 S (72,450) S 427,550 Total Budget $ 34,064,784 $ - $ 34,064,784 Reserve For Future Expenditure $ 5,147,572 $ - $ 5,147,572 Total Requirements $ 39,212,356 $ - $ 39,212,356 8 of 11 FY 2016 Third Quarter Supplemental Exhibit-C Summary of Budget Changes Reference Budget Items: FIS05 Q3 Adopted Revised Budget Amendment Budget Bancroft Debt Service Fund Resources Beginning Fund Balance $ 563,718 $ - $ 563,718 Property Taxes $ - $ S - Franchise Fees $ - S - S - Special Assessments $ 120,000 $ - $ 120,000 licenses&Permits S - S - S - Intergovernmental $ - $ - $ - Charges for Services S - S - $ - Fines&Forfeitures $ - $ - $ - Interest Earnings $ - S - $ - Miscellaneous $ - $ - $ - Other Financing Sources S S - S - Transfers In from Other Funds S - S - S - Total Resources $ 683,718 $ - $ 683,718 Requirements Community Development S S S - Community Services S S - S - Policy and Administration S - S - S - Public Works S S - S - Program Expenditures Total $ - $ - $ -. Debt Service S 103,200 $ - $ 103,200 Loans $ - $ - S - Work-In-Progress $ - $ - S - Transfers to Other Funds $ 499 $ - S 499 Contingency S - S 2,700 S 2,700 Total Budget $ 103,699 $ 2,700 $ 106,399 Reserve For Future Expenditure $ 580,019 $ (2,700) $ 577,319 Total Requirements $ 683,718 $ - $ 683,718 9 of 11 FY 2016 Third Quarter Supplemental Exhibit-C Summary of Budget Changes Reference Budget Items:CIP02 Q2 Q3 Revised Revised Budget Amendment Budget Parks Capital Fund Resources Beginning Fund Balance $ 298,740 $ - $ 298,740 Property Taxes $ - $ - S Franchise Fees $ - $ - $ - Special Assessments $ - $ - $ - Licenses&Permits $ - S - S - Intergovernmental S - $ 10,000 $ 10,000 Charges for Services $ - S - S - Fines&Forfeitures $ - $ - S - Interest Earnings S 3,015 S - S 3,015 Miscellaneous $ - $ - S - Other Financing Sources S - $ - S - Transfers In from Other Funds S 3,686,561 S S 3,686,561 Total Resources $ 3,988,316 $ 10,000 $ 3,998,316 Requirements Community Development $ - $ - $ - Community Services S - S - $ - Policy and Administration S - S - $ - Public Works S - S - $ - Program Expenditures Total $ - $ - $ - Debt Service S - S - $ - Loans $ - S - $ - Work-In-Progress S 3,686,561 S 10,000 $ 3,696,561 Transfers to Other Funds $ 123,932 $ - $ 123,932 Contingency S - S - S - Total Budget $ 3,810,493 $ 10,000 $3,820,493 Reserve For Future Expenditure $ 177,823 $ - $ 177,823 Total Requirements $ 3,988,316 S 10,000 S 3,998,316 10 of 11 FY 2016 Third Quarter Supplemental Exhibit-C Summary of Budget Changes Reference Budget Items: CIP01 Q2 Q3 Revised Revised Budget Amendment Budget Transportation CIP Fund Resources Beginning Fund Balance $ 379,619 $ - $ 379,619 Property Taxes S - S - $ - Franchise Fees S - S - $ - Special Assessments S - S - S - Licenses&Permits S - S - S Intergovernmental S - S - S Charges for Services S - S - S - Fines&Forfeitures S - S - S - Interest Earnings S - S - S - Miscellaneous S - S - S Other Financing Sources S - S - S Transfers In from Other Funds S 1,635,448 S 60,000 S 1,695,448 Total Resources $ 2,015,067 $ 60,000 $2,075,067 Requirements Community Development $ - $ - $ - Community Services $ - S - $ - Policy and Administration $ - S - $ - Public Works $ - S - $ - Program Expenditures Total $ - $ - $ - Debt Service S - S - $ - Loans S - S - S - Work-In-Progress S 1,625,448 $ 60,000 S 1,685,448 Transfers to Other Funds S 57,410 S - S 57,410 Contingency S - S - S - Total Budget $ 1,682,858 $ 60,000 $ 1,742,858 Reserve For Future Expenditure $ 332,209 $ - $ 332,209 Total Requirements $ 2,015,067 $ 60,000 $2,075,067 11 of 11 AGENDA ITEM No. 7 Date: April 12, 2016 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Informational Public Hearing — CONSIDER APPROVAL OF FY 2016 THIRD QUARTER BUDGET SUPPLEMENTAL 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 of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 7 Date: April 12, 2016 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 of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. °\f\VI rti (j1A()C, Y ��IV 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-2574 8. Business Meeting Meeting Date: 04/12/2016 Length (in minutes): 10 Minutes Agenda Title: Discuss Policy Regarding News Media in Executive Sessions Prepared For: Marty Wine,City Management Submitted By: Joanne Bengtson, City Management Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Should the City Council discuss the possibility of enacting a policy that addresses the intent of the public meetings law as it relates to internet-based or non-traditional information disseminators in Executive Sessions, solely for the purpose of determining eligibility to attend executive sessions. STAFF RECOMMENDATION / ACTION REQUEST Staff would like Council to discuss and define what constitutes a media organization for purposes of attending City Council executive sessions. KEY FACTS AND INFORMATION SUMMARY Oregon public meetings law provides that representatives of the news media shall be allowed to attend certain executive sessions of public bodies,but may be required to not disclose specified information (ORS 192.660(4)).When state law relating to media attendance at executive session was adopted, "news media" consisted of entities that were institutionalized and structured to support compliance with the requirements of ORS 192.660(4),and the law includes no express mechanism for enforcing those requirements if part of a non-traditional communication source. Today technology has resulted in mechanisms that allow any individual or entity to disseminate information widely with no avenue for encouraging compliance with ORS 192.660(4) and staff would like Council clarification on this issue. OTHER ALTERNATIVES Council could choose not to discuss a policy regarding news media in Executive Sessions. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS n/a DATES OF PREVIOUS COUNCIL CONSIDERATION This will be the first time City Council has discussed the role traditional and non-traditional information disseminators play as applied to Executive Session attendance and eligibility to attend these sessions. Attachments Draft Resolution for Media in Executive Session CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION ADOPTING A POLICY REGARDING NEWS MEDIA IN EXECUTIVE SESSIONS WHEREAS, Oregon public meetings law provides that representatives of the news media shall be allowed to attend certain executive sessions of public bodies, but may be required to not disclose specified information (ORS 192.660(4)); and WHEREAS,because at the time state law relating to media attendance at executive session was adopted, "news media" consisted of entities that were institutionalized and structured to support compliance with the requirements of ORS 192.660(4), and the law includes no express mechanism for enforcing those requirements;and WHEREAS, technological advances since the time the public meetings law was initially adopted have resulted in development of communication mechanisms allowing virtually any individual or entity to disseminate information widely; and WHEREAS, the City of Tigard finds that in the absence of a statutory definition of"news media" as that term is used in ORS 192.660(4),it is necessary to adopt a policy that implements the intent of the public meetings law relating to executive session attendance without precluding attendance by Internet-based or other"non-traditional"information disseminators that are institutionalised and committed to compliance with ORS 192.660(4); and WHEREAS, the City of Tigard recognizes that this policy is solely for the purpose of determining eligibility to attend executive sessions,which requires non-disclosure of specified information from executive sessions, and is not intended to otherwise define "news media" or to determine eligibility to report on City of Tigard activities or to limit access to other City of Tigard meetings by any person. NOW,THEREFORE,BE IT RESOLVED,the Tigard City Council adopts the following policy: SECTION 1:The Tigard Times and The Oregonian are hereby recognized as news media organizations eligible to attend executive sessions because they have an established history of meeting the requirements of this policy. No other entity shall be permitted to attend an executive session unless it is recognized through the process described in Section 2 below. SECTION 2:The following entities are recognized as news media organizations eligible to attend executive sessions: A. A general or associate member newspaper of the Oregon Newspaper Publishers Association,a broadcast member of the Oregon Association of Broadcasters or a member of the Associated Press; or B. A newspaper that the City of Tigard uses for publication of public notices and that meets the requirements of ORS 193.020;or C. An entity recognized by the City of Tigard as being a news source that is: a. Organized and operated to regularly and continuously publish,broadcast,transmit via the Internet or otherwise disseminate news to the public,and that regularly reports on activities of the City of Tigard or matters of the nature under consideration by the City of Tigard;and RESOLUTION NO. 16- Page 1 b. Determined by the City of Tigard to be a well-established,institutionalized business entity, and that is committed to, and is structured to support, the terms of ORS 192.660(4). In making this determination, the City of Tigard may consider and weigh any factors that it deems to be relevant,including,without limitation,the existence of any of the following factors: i. The entity has multiple personnel with defined roles within its organizational structure; ii. The names of news-reporting personnel, and responsible entity management personnel,together with addresses and contact telephone numbers, are readily available; iii. The entity has an available process for correcting errors,including violations of executive session statutes,by a person with authority to take corrective measures. D. It shall be the entity's burden to persuade the City of Tigard by substantial evidence that it should be recognized as a news media organization meeting the criteria in Section 2.0 of this policy. Such evidence must be submitted to the City Manager for placement on the Council agenda for the next business meeting prior to the first executive session that the entity desires to attend. The City of Tigard may elect to forgo this procedure in cases where the City of Tigard,in its sole discretion, determines that it can immediately recognize that an entity qualifies under this policy,or in cases where the public body,in its sole discretion,determines that other good cause exists for making an expedited determination.A determination that the entity is not recognized shall be based upon written findings addressing the criteria in Section 2.C. SECTION 3:Attendance at Executive Sessions. Representatives of news media organizations recognized pursuant to Sections 1 and 2 of this policy shall be allowed to attend executive sessions, except as described in ORS 192.660(4) and 192.660(5),pursuant to the following process: A. The representative must provide substantial evidence persuading the City of Tigard, that he or she is a news reporter for the recognized news media organization. In making its determination whether to recognize the person as a representative of the news media organization, the City of Tigard shall require: 1. A press badge or identification issued by the recognized news media organization,plus proof of identity (such as a driver's license); or 2. A recently published news article in the recognized news media organization publication or broadcast,with the person's byline, or a masthead showing the person's name as a member of the news gathering staff of the news media organization,plus proof of identity;or 3. A letter on letterhead from an editor of the recognized news media organization in which the editor states that the reporter is covering the meeting for the news media organization, plus proof of identity. B. Representatives of the news media are not permitted to attend executive sessions involving deliberations with persons designated to carry on labor negotiations. ORS 192.660(4). If the executive session is being held for the purpose of conferring with counsel about current litigation or litigation likely to be filed,the City of Tigard shall exclude any member of the news media from attending if the member is a party to the litigation to be discussed or is an employee,agent or contractor of a news media organization that is a party to the litigation. ORS 192.660(5). C. The City of Tigard may require that a request to attend an executive session be made in writing on a form provided by the City of Tigard.The form shall require disclosure of the person's name, and the entity for which he or she is a news reporter,and shall require submission of evidence described in the above sections. The form shall also include a signature line whereby the person certifies that the person is gathering news for a recognized news media organization,that the information given is true and that they agree to comply with ORS 192.660(4). RESOLUTION NO. 16- Page 2 D. Cameras, tape recorders and other recording devices shall not be used in executive sessions, except for official executive session tapes made by City of Tigard staff,if any.. E. A representative of a news media organization may be barred from attending if the representative or the organization has a direct personal, financial or other interest in the subject of the executive session that would frustrate the purpose of the executive session F. These policies and procedures shall apply to the City of Tigard and all of its boards and commissions. SECTION 4:This resolution is effective immediately upon passage. PASSED: This day of 2016. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 16- Page 3