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City Council Packet - 07/12/2016 IIICity of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL MEETING DATE AND TIME: July 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 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA 1 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. 114 • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: July 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. COUNCIL LIAISON REPORTS B. RECEIVE BRIEFING ON PROPOSED SANITARY SEWER ADMINISTRATIVE RULE 6:45 p.m. estimated time C. BRIEFING ON A NEW FRANCHISE AGREEMENT WITH ZAYO GROUP L.L.C. 7:00 p.m. estimated time •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. 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 Area Chamber of Commerce C. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: •April 19,2016 •April 26,2016 •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. QUASI-JUDICIAL PUBLIC HEARING-ZEIDER ANNEXATION (ZCA2016-00002) 7:35 p.m. estimated time 5. DISCUSS GAS TAX MEASURE FOR NOVEMBER 2016 BALLOT 7:50 p.m. estimated time 6. DISCUSS MARIJUANA TAX MEASURE FOR NOVEMBER 2016 BALLOT 8:10 p.m. estimated time 7. NON AGENDA ITEMS 8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9. ADJOURNMENT 8:35 p.m. estimated time liAll . City of Tigard I . Tigard City Council Meeting Agenda TIGARD July12, 2016 CITY COUNCIL STUDY SESSION A. COUNCIL LIAISON REPORTS 6:30 p.m. estimated time B. RECEIVE BRIEFING ON PROPOSED SANITARY SEWER ADMINISTRATIVE RULE 6:45 p.m. estimated time C. RECEIVE BRIEFING ON NEW FRANCHISE AGREEMENT WITH ZAYO GROUP LLC 7:00 p.m. estimated time Administrative Items: No challenge to the ballot title was received, so the July 19, 2016 Workshop meeting is cancelled. No other items. Council Meeting Calendar July 5 Tuesday City Center Development Agency Meeting-CANCELLED 12" Tuesday Council Business Meeting- 6:30 p.m., Town Hall 19" Tuesday Council Workshop Meeting- 6:30 p.m., Town Hall 26" Tuesday Council Business Meeting- 6:30 p.m.,Town Hall August 2 Tuesday City Center Development Agency Meeting-CANCELLED 9" Tuesday Council Business Meeting-6:30 p.m., Town Hall 11 Thursday Council Summer Outreach, Cook Park,Bishop-Scheckla Pavilion (6-8 p.m.) 16" Tuesday Council Workshop Meeting -6:30 p.m., Town Hall 23" Tuesday _;- - - : - •-- ' ' -- •- ; . e ., . - . -CANCELLED September 6 Tuesday City Center Development Agency Meeting-6:30 p.m., Town Hall 13" Tuesday Council Business Meeting- 6:30 p.m., Town Hall 20" Tuesday Council Workshop Meeting-6:30 p.m., Town Hall 27* Tuesday Council Business Meeting- 6:30 p.m., Town Hall Regularly scheduled Council meetings are marked with an asterisk ("). AIS-2734 B. Business Meeting Meeting Date: 07/12/2016 Length (in minutes): 15 Minutes Agenda Title: Proposed Sanitary Sewer Administrative Rule 12.01.080-XX-01 Prepared For: John Goodrich,Public Works Submitted By: John Goodrich,Public Works Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Briefing council on a proposed administrative rule regarding sanitary sewer waste water collection system responsibilities,practices, and procedures. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the proposed administrative rules be moved forward for public notice and review. KEY FACTS AND INFORMATION SUMMARY Staff is bringing this administrative rule for council consideration due to the complexity of roles and responsibilities within the sanitary sewer waste water collection system. Staff will brief council regarding these roles,responsibilities,practices,and procedures pertaining to Clean Water Services, the City of Tigard,and private property owners or customers. This briefing will allow council to receive information on the proposed rule,and ask questions regarding each agency's responsibilities,practices,and procedures in the operation,maintenance,and repair of the city's sanitary sewer waste water collection system. Administrative Rulemaking Process The city's code requires staff to notify council of any proposed administrative rules.Tigard Municipal Code Section 2.04.070 describes the two options available to council: •Move the item forward for public notice and comment •Add the item to the next available council meeting for council consideration or action OTHER ALTERNATIVES Council could decide not to move the item forward for public notice and comment. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Previous Council Actions on Sanitary Sewer Master Planning: •Sanitary Sewer Master Plan,Adopted 9/14/2010,Resolution No. 10-49 •Amend Sanitary Sewer Master Plan to Include Projects Necessary for the Development of River Terrace,Adopted 6/10/2014,Resolution No. 14-25 DATES OF PREVIOUS COUNCIL CONSIDERATION Council has not been previously briefed on this proposed administrative rule. Attachments Sanitary Sewer Proposed Adminstrative Rule Administrative Rules :111m Sanitary Sewer Waste Water Collection System T I GA R D Responsibilities, Practices, and Procedures Rule No. 12.01.080-09-01 Effective xx-xx-xxxx The City is responsible for the public sanitary sewer waste water collection system within the city boundary. This responsibility is granted through cooperative agreement(s)with Clean Water Services as described below. I. Clean Water Services—Managing Authority A. Clean Water Services (CWS) as a county service district organized under ORS 451 has legal authority for the sanitary sewerage management programs within its boundaries consistent with relevant laws, rules and agreements. B. CWS performs watershed,sub-basin and facility planning,develops standards and work programs,is the permit holder,and operates and maintains wastewater treatment facilities,the public sanitary sewer conveyance systems,and the public surface water collections systems within its boundaries. II. City of Tigard—Local Program A. The City of Tigard through cooperative intergovernmental agreement signed January 25,2005,and further amendments signed July 1,2008 (in force until June 30,2027) assumes responsibility to perform capital improvement projects (service charge rate and system development charge (SDC) funded), sanitary maintenance, surface water maintenance,and engineering,inspection and support elements as the city's "Local Program"within the city boundary. III.Determination of Programs, Rules,Policies and Standards A. CWS as the Permit holder is responsible for the management and operation of the public sanitary sewer and the public storm and surface water systems within its boundaries. The City shares certain responsibilities for the operation and maintenance of the public sanitary sewer and public storm and surface water systems within the city limits. B. CWS will obtain and enforce timely compliance with relevant federal and delegated state Clean Water Act permits for treatment plants,collection systems,and storm water. C. CWS may adopt orders,standards,specifications,work programs,reporting requirements,and performance criteria for the proper and effective operation of the sanitary sewer and storm and surface water systems and to meet or comply with state and federal permits,laws and regulations. VI.City of Tigard Responsibility—Sanitary Sewer Waster Water Collection Systems A. The City agrees to follow and enforce the Orders,Standards,specifications,work programs, reporting requirements,and performance criteria adopted by CWS,subject however,to the extent that the City may be lawfully authorized to act. B. The City shall not be responsible for any failure to act or any defect in performance caused by inadequacies in the work program and performance standards as adopted by CWS. C. Compliance with the work program and performance standards as adopted by CWS shall be absolute defenses to any claim against the City under agreement. City shall notify CWS of apparent violations of the subject Orders,Standards,specifications,work programs,and performance criteria of which it has knowledge,which may require CWS legal action or enforcement. D. The city is responsible for the operation,maintenance,repair,and replacement of the waste water collection system,including main line sewers,large conveyance pipelines,and manholes or sewer Page 1 Administrative Rule No. 12.01.080-09-01 Effective Date: [Insert Here] entry systems. The city is not responsible for sewer laterals or connections to the wastewater conveyance system,whether they are located on private property (front of street or back of property,etc.),with or without utility easements, or in the public right of way or public property. E. Private property owners are responsible for upper(private property) and lower(public right of way) sewer laterals as a private conveyance of authorized waste flow into the public sewer system. All cost associated with maintenance,clearing obstructions,and maintaining proper and adequate flow to prevent sanitary sewer overages (SSOs) or discharges is the responsibility of the private property owner. Sewer laterals serve only each private property and benefit only the private property lot legally served. Sewer laterals are not part of the public sewer system,nor does the city have ownership of sewer laterals serving private property. The city cannot maintain,repair,or replace private sewer laterals at the expense of the city utility ratepayers. F. The city is responsible for clearing any obstructions or blockages within the main pipe conveyance and manholes within the sanitary sewer system that may cause SSOs,either within the public sanitary sewer system or on private property through private sewer lateral connections. G. As the operator of the public sanitary sewer waste collection conveyance system,the city is responsible for locating and marking underground sewer utilities (requested through the Oregon Utility Notification Center-OUNC) within the public right of way in the city boundary served, including private sewer lateral hubs (connection point to public sewer system). Private sewer laterals will be marked "UL"as un-locatable at the perpendicular of the city main sewer pipe. Private sewer laterals are not the responsibility of the city to locate in direction or depth within the public right of way,nor is the city or its utility ratepayers responsible for damages to private sewer laterals due to third party contractors or constructors working within the public right of way. Approved by: Martha L. Wine,City Manager Date Page 2 Administrative Rule No.12.01.080-09-01 Effective Date: [Insert Here] AIS-2755 C. Business Meeting Meeting Date: 07/12/2016 Length (in minutes): 10 Minutes Agenda Title: Briefing on a New Franchise Agreement with Zayo Group,L.L.C. Prepared For: Brian Rager Submitted By: Judy Lawhead, Public Works Item Type: Resolution Meeting Type: Council Update,Discussion,Direct Staff Business Mtg- Study Sess. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Briefing regarding a proposed new franchise agreement with Zayo Group,L.L.C. STAFF RECOMMENDATION / ACTION REQUEST No action is requested of Council at this briefing. Staff will provide information on the proposed new franchise agreement. KEY FACTS AND INFORMATION SUMMARY Zayo Group,L.L.C. has requested to enter into a new franchise agreement with the City of Tigard. Zayo is a telecommunications company who now owns certain buried assets within Tigard. Background In the early 2000's,Tigard experienced a tremendous amount of activity from various telecommunication companies working to install their utilities in city rights of way. One such company,Metromedia Fiber Networks (MFN),began installation of fiber optic utilities in the year 2000,but suddenly abandoned that work later that year. Since then, the city has considered the partially-installed assets as abandoned. Zayo notified the city in March 2016 that their company acquired several telecommunications companies,and MFN was one of those companies. Staff researched the Zayo Group online and confirmed these transactions. Staff and Zayo met to discuss options and Zayo determined that a franchise agreement would be in their best interest. Zayo has two primary bodies of work that they need to carry out in the near future: 1) to install new fiber optic cable into conduits that exist in the north part of Tigard;and 2) to conduct reconnaissance survey work of the conduits installed by MFN to assess their condition. Regarding#1,Zayo has already determined that those conduits are complete and usable for their system. Franchise Ordinance Direction The city's franchise utility ordinance,Chapter 15.06 of the Tigard Municipal Code (TMC) provides direction to the city with regard to these requests. Section 15.06.050 states that any person that places or maintains a utility system in any portion of the right of way without a franchise is subject to all other provisions of this chapter and that the city may grant a franchise allowing the use of any right of way for any portion of a utility system. Other provisions of the chapter require a company to pay a"right of way usage fee" which typically corresponds to gross revenues collected by the company within city boundaries. Zayo has reviewed the franchise utility ordinance and is agreeing to comply with all applicable provisions of that ordinance. Section 15.06.060, Grant of Franchise,states that the city council shall grant by resolution a utility franchise to any person providing utility services which has submitted an application,meets the requirement of this chapter,and agrees to sign the city's standard franchise agreement without modification. Zayo has signed the city's standard franchise agreement and therefore is qualified to receive a franchise. Therefore,staff recommends approval of this new franchise agreement. Next Steps Staff plans to bring a formal resolution to council on August 9,2016 for consideration. OTHER ALTERNATIVES In light of the fact that Zayo Group,L.L.C. has signed the city's standard franchise agreement form,there does not appear to be other alternatives for council action other than to approve it. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION This is the first time this agreement has come before the council. Fiscal Impact Cost: 0 Budgeted (yes or no): N/A Where Budgeted (department/program): N/A Additional Fiscal Notes: This new franchise agreement will actually result in additional revenues being given to the city in accordance with the proposed franchise agreement and Chapter 15.06 of the Tigard Municipal Code. Attachments No file(s)attached FACT:Top admissions for publicly-funded drug treatment: _ Board of Directors 7-/.2 - '/ S74, , 23.1%for Alcohol only PRESIDENT: Senior Judge Gary Thompson , ,7 _..)(-2.1.5";cr;� 18.3%for Alcohol+another drug . CL 4 A1C a,-- /j,4o / q/S`°1 ° Oregon Circuit Court Judge(Ret.) _ 17 c e rls c-:h I q 17.0%for Marijuana 14.1%for Heroin i�" �� �) *Note:The#1 reason youth ages 12 17 are admitted to VICE-PRESIDENT: Sheriff John Trumbo SUPPLEMENTAL PACKET treatment is for marijuana. (NIDA.SAMHSA) Umatilla County Oregon (Ret ) FOR '7 - /) — ce:I/� FACT:After alcohol,marijuana is the most common drug BOARD DIRECTOR: Dr. David Rosenberg (DATE OF MEETING) identified in impaired and fatally injured drivers. (NIDA) Emergency Physician, COEP FACT: New research shows a permanent drop in IQ (up to 8 points)when marijuana is used regularly before BOARD DIRECTOR: Connie Ramaekers i the age 18.(Meier eta!2012) Prevention Specialist, Tigard Turns the Tide/STUDD I( ` FACT: Marijuana use increases the risk of developing BOARD DIRECTOR: Michael lwai mental illness by 40%,that risk increases with weekly or Oregon State Police Officers Association daily use.(Moore TH,Zammit S,Lingford-Hughes A,et al) FACT:The number of people starting to use heroin has STAFF `/ been steadily rising since 2007. About 23%of people c I e a ra" 'a n c e who use heroin will become dependent on it.(NIDA) Mandl Puckett, CPS, Executive Director VLA _ ...Cind*Brockett, CPS,Assistant Director Children Learning through Education And Research FACT:Deaths from heroin overdoses double aggie Heising, EMT/CMA, Development Director 2010 to 2012.(cock 4, 311- "4111t 41* `.„, Iii, 4 - .: �.. -. 6rtripti, . ��. 1014. ,.t. .'t: z_ ., i ice, _ .4714011/44%.46. ..,<E � ,,� , �. ,��, tie . ., , ':" ': i « ,7; s • 1. -..,... , a 4 a . J 141�1 dol ... 110111,,� t � � ? +I *, or . •* y, i :4 1 M .,7 • ; , • �- �• ' 1640 y -,1 a."I"A _ .+ t •L/,�{ ,.I 1 11 4 +, r+,ti 1 ,i N ! ' II, 'i' �+'r'e -,� + A' ` ^���► '�: ' 1. ...-4030. A II.. 1. 4h' 1i CLEAR Alliance PO Box 1991 Redmond, OR 97756 t Phone: 541.508.3062 E-mail: info@ClearAlliance.org WWW.ClearAlliance.Org Oregon Statewide Coalition Donate The Oregon Statewide Coalition (OCS)is a growing c I e a ra i 1,a n c e cl ea ralliance is a registered 501(c)(3) number of public health and safety professionals, schools, community leaders, parents and youth who Children Learning through Education And Research tax-exempt non-profit organization dedicated provide support, input and expertise from their field. to reducing public health and public safety This support enables CLEAR Alliance to stay current and balanced in providing substance abuse prevention consequences and costs through prevention, education to the public. MISSION education and research. Monthly Meetings&Trainings: To prevent and reduce substance abuse The OCS offers 1 hour monthly coalition trainings and and impaired driving among youth We graciously accept donations of any size. meetings (accessible statewide via conference call) in Oregon by providing evidence-based education to youth&adults in Cash, check, credit/debit card or Paypal is with continuing education hours approved. If you are prevention interested in participating in the coalition, please sign collaboration with public-service agencies accepted. Donations may be made online at up on the website www.ClearAlliance.org. www.ClearAlliance.org or sent by mail. As of June 2016, the Oregon Statewide Coalition has over 400 members and representatives from the Please also consider subscribing online to our following categories and groups in Oregon. newsletter. Thank you for your support. Accountant Attorney PROJECTS Business Sincerely, City/County/Local 1)Educational Flyers Civic Groups 2)Educational Media Campaigns CLEA1�l�iance hoard of Directors 3)Public Presentations Driver Education 4)Courses and Trainings Education 5)Annual Conference Environment Federal Health Care Judicial Law Enforcement Media CLEAR Alliance 991 Parents GOALS RBox Redmond,, OR 97756 ,u Prevention Schools 1)To reduce substance abuse and State impaired driving among youth in Oregon. Phone: 541.508 3062 Transportation& Highway Safety E-mail: info©ClearAlliance org Treatment 2)To collaborate and improve public Web: www.ClearAlliance.org Veterans health and safety in Oregon. Youth WWW.CLEARALLIANCE.ORG Youth organizations CLEAR Alliance is a statewide educational non-profit organization that serves youth, parents and public-service organizations in the state of Oregon. .........00•A Mission: To prevent and reduce substance abuse and impaired driving among youth in Oregon by providing evidence-based prevention education to youth and adults in collaboration with public-service agencies. www.ClearAlliance.org clearalliance Children Learning through Education And Research Join us! o Oregon Statewide Coalition CLEAR Alliance hosts coalition meetings monthly via a 1-hour conference call. A new guest presenter shares his/her area of expertise with members. 1 hour of continuing education is provided monthly from ACCBO and DPSST(via the F-6 Roster).Sign up to be a member online at www.ClearAlliance.org or visit the CLEAR Alliance exhibitor booth in the lobby! Membership:Free ❑ Prevention Education Workgroups CLEAR Alliance is working on launching a specialized opioid prevention education workgroup for Central and Eastern Oregon as well as a Statewide Dull Victims Coalition so their voices can be heard. More details coming soon! ❑ Educational Flyers The educational flyers are the hallmark of CLEAR Alliance's products and services. These user-friendly educational tools,available in English and Spanish, provide sources of reputable evidence and research on the back side of each flyer. Youth and parents can download flyers for free from the www.clearalliance.org website. Agencies can customize the educational flyers with their agency logo and contact information and utilize the tools as local resources. Annual subscription:$1,000 ❑ Educational Media Campaign CLEAR Alliance has launched a Public Service Announcement to raise awareness about Marijuana Impaired Driving. Two billboards of the ad are currently being piloted in Central Oregon. This ad can also be viewed at www.ClearAlliance.org Per Campaign:$1000 o Community Presentations CLEAR Alliance offers substance abuse prevention education presentations to community groups. Cost:$500-$1,000 plus travel. ❑ Marijuana and Drugged Driving Education Program This educational program is currently being piloted by CLEAR Alliance in select schools. Once the two 1-hour sessions are packaged (late 2016)the program will be available to middle schools, high schools, driver education programs,and community groups via a Train-the-Trainer workshop. Cost: TBA o Annual Event Thank you for supporting the launch of CLEAR Alliance's state conference! Please mark your calendars for Summer of 2017 for CLEAR Alliance's next Summer Event! Oregon Drug Education Conference "Where Communities and Public-Service Come Together" July 6-7, 2016 AGENDA Wednesday July 6, 2016 6:30am to 7:00am Booth Exhibit Setup(Exhibitors only) 7:00am to 8:00pm Registration/Continental Breakfast/Visit Booth Exhibits 8:00am to 8:15am Welcome by Honored Guests State Representative Gene Whisnant Deschutes County Commissioner Tammy Baney Deschutes County Sheriff Shone Nelson Introduction—Moderators:Jonelle Lawrence,John Redman, Marie Watkins 8:15am to 9:45am Session 1: Youth Brain Development Keynote Presenter:Karen Williams Q&A 9:45am to 10:00am Break/Visit Booth Exhibits 10:00am to 12:15pm Session 2: Opioids 10:00am: History of overprescribing prescription drugs—Dr. Pamela Tornay, ER 10:40am:Opioid Treatment—Eric Martin, MS/CADCIII/CRM/CPS 11:30am:Opioid Abuse Prevention Strategies—Dr. Marc Gonzalez Q&A 12:15pm to 1:00pm Lunch: Empowering Prevention Education—Tiffany Hicks 1:00pm to 2:15pm Session 3: Traffic and Roadway Safety Panel 1:00pm:Oregon Strategies—Troy Costales, Chuck Hayes, Daniel Estes, Deena Ryerson 1:30pm:Colorado Strategies—Glenn Davis 1:45pm:Washington Strategies—Darrin Grondel Q&A 2:15pm to 2:30pm Break/Visit Booth Exhibits 2:30pm to 5:00pm Session 4: Marijuana 2:30pm: Marijuana Then and Marijuana Now—Michael lwai, 3:15pm: Marijuana in the Workplace—Jo McGuire, CO 4:00pm: Marijuana Commercialization—Bob Doyle, CO and Derek Franklin, WA Q&A 5:00pm to 7:00pm Open Social Event: Mingle and Network/Snacks provided/No host beverages "Clear Mind, Clear Learning" Thursday July 7, 2016 7:30am to 8:00pm Registration/Continental Breakfast/Visit Booth Exhibits 8:00am to 8:10am Welcome by Honored Guests Dwight Holton—Former US Attorney and Director of Lines for Life Introduction—Moderators:Janelle Lawrence,Julie Spackman, Marie Watkins 8:10am to 10:00am Session 5: Marijuana Trends,Tactics, Products&Popular Culture Keynote Presenter:Jermaine Galloway, Tall Cop Says Stop Q&A 10:00am to 10:15am Break/Visit Booth Exhibits 10:15am to 10:45am Session 6: "My son's marijuana addiction"—Jo McGuire Q&A 10:45am to 12:15pm Session 7: National Marijuana Initiative&HIDTA Panel 10:45am:National Marijuana Initiative—Ed Shemelya 11:10am:Oregon-Idaho, Washington,California and Colorado HIDTA Oregon-Idaho—Chris Gibson Washington—Steve Freng California—John Redman Colorado—Dale Quigley Q&A 12:15pm to 1:00pm Lunch: "Cannabinyzed"—Dr. Darryl Inaba& Q&A 1:00pm to 1:45pm Session 8: Health&Safety Impact—Teens Talk Panel 1:00pm: Lines for Life Teen Panel Q&A 1:45pm to 3:00pm Session 9:Health&Safety Impact—Public Safety Panel 1:45pm: Drug Recognition Expert Program—Evan Sether, Oregon State Police 2:05pm: Panel:Evan Sether, Oregon State Police Robert Hayes,DRE,Albany Police Department Michael Iwai, DRE,Sgt., OSPOA, CLEAR Alliance Board Tom Bergin, Clatsop County Sheriff Shane Nelson,Deschutes County Sheriff Ray Cuellar,School Resource Officer Deena Ryerson, Department of Justice Gary Thompson, Oregon Circuit Court Judge(Ret.), CLEAR Alliance Board Will Higlin, Oregon Liquor Control Commission Q&A 3:00pm to 4:30pm Session 10:Health&Safety Impact—MD&Public Health Panel 3:00pm: ER Presentation—Dr. Gillian Salton 3:20pm: Panel:Dr. Gillian Salton, Central Oregon Emergency Physicians Dr. David Rosenberg Central Oregon Emergency Physician Dr. Emily Osborn, Central Oregon Emergency Physicians Dr. Pamela Tornay, Travelling Emergency Physician Dr.Jana VanAmberg,Surgeon and Deschutes County Medical Examiner Dr. Darryl Inaba, PharmD, Treatment Provider, CNS Productions Sandy Giffin, Director, Oregon Poison Center Karen Girard, Oregon Health Authority, Public Health Division Shelley Campbell, Trauma Nurses Talk Tough-Legacy Emanuel Hospital Rebecca Timms, Licensed Clinical Social Worker, Emergency Psychiatric Services Q&A 4:30pm to 5:00pm Needs Assessment/Next Steps—CLEAR Alliance Board Directors&Staff 5:00pm Prizes, Evaluation,Certificates and Closing Remarks—Mayor George Endicott BIOGRAPHIES Presenters, Panelists and Moderators Bob Doyle Bob Doyle is a Prevention Specialist representing the Better Way Colorado Coalition. Mr. Doyle has worked more than 20 years in tobacco prevention, providing leadership or support and expertise to efforts in California, Oregon, Maryland, Ohio and Colorado. Mr. Doyle's work has included serving as the former Executive Director of the Colorado Tobacco Education and Prevention Alliance, and at the American Lung Association in Colorado as the Director of Lung Health Programs. Mr. Doyle provides technical assistance to Colorado communities that have adopted some of the first state policies on e-cigarettes and those developing policies to prohibit marijuana commercialization, coordinated a statewide speaking and media tour in California with the former tobacco industry executive whose story was featured in the movie"The Insider," has increased minority and faith-based involvement in community tobacco prevention programs in Baltimore County, has helped spearhead a statewide strategic plan for local health policies in Colorado that resulted in adoption of community laws making bars and restaurants smoke- free, and has coordinated media campaigns that have successfully increased public awareness or support for public health issues, policies, or organizations. Chris Gibson Chris Gibson, MPA, was appointed as Executive Director of the Oregon-Idaho High Intensity Drug Trafficking Area (HIDTA) program on November 1, 2006. Prior to his appointment, Mr. Gibson served for 18 years in local law enforcement and achieved the rank of Deputy Chief of Police. He graduated in 1990 from Portland State University with a bachelor of science in the administration of justice and in 2011 with an executive master degree in public administration. Mr. Gibson is also a graduate of the Federal Bureau of Investigation's National Academy. In addition to his duties as Oregon-Idaho HIDTA Director, Mr. Gibson serves as Treasurer of the Lines for Life Executive Board and Vice President of the Oregon Narcotics Enforcement Officers Association. He recently competed a two-year term as Chairman of the National HIDTA Directors Committee. Charles E. (Chuck) Hayes Chuck Hayes, International Association of Chiefs of Police, Oregon State Police(Retired)is the former Division Director of the Oregon State Patrol Services Division. He served with the Oregon State Police for 29 years prior to his retirement in 2003. He holds an Associate of Arts Degree in Police Science and a Management Certificate through the Oregon Board on Public Safety Standards and Training. He is also a graduate of the Northwestern University Traffic Institute School of Police Staff and Command and a graduate of the Oregon Executive Development Institute. He began his law enforcement career with the Ontario, Oregon, Police Department in April 1972. In 1974, he was hired by the Oregon State Police and assigned to the Patrol Division in Bend, Oregon. During his career with the Oregon State Police, Chuck was assigned to various divisions and held numerous assignments including; Patrol Trooper, Regional Training Officer, Patrol Sergeant, Lieutenant of the Executive Security Unit, Area Station Commander, and Captain in charge of the Training Division and the Patrol Services Division. Chuck has attended both the National Highway Traffic Safety(NHTSA)Standardized Field Sobriety Testing(SFST)and Advanced SFST Instructor training courses. He completed the Los Angeles Police Department Drug Recognition Expert(DRE) School in 1983 and again in 1989. In 1994, he completed the NHTSA/IACP DRE Instructor School. In 1995 he was appointed as the Oregon DRE State Coordinator and held that position until his retirement. He also served as the Region I DRE Coordinator for the IACP DEC Program Technical Advisory Panel (TAP)and served as the IACP DRE Section Chair from October 1998 to October 1999. On September 1,2003, Chuck was hired by the International Association of Chiefs of Police as the DEC Program Western Regional Operations Coordinator. He now holds the title of DEC Program Project Manager for the IACP and provides technical support for the drug and alcohol impaired driving enforcement programs. In 1992, he was presented the"Community Trainer-of-The-Year"award for the State of Oregon. In 1993 and 1994, he received the Oregon Traffic Safety award for outstanding contribution to traffic safety in Oregon. In 1997, he received the Public Safety Executive Training Seminar(PSETS)award from the Department of Public Safety and Standards for his contributions to law enforcement training. In May 2000, he received the national award for"Outstanding Program Innovation"from the Citizens Against Drug Impaired Driving (C.A.N.D.I.D.). In July of 2003, Chuck received the Federal Public Service Award from the National Highway Traffic Safety Administration. Chuck was the Chair of the Oregon DUI! Multi-Disciplinary Training Task Force from 1992 through June 2005. In January of 2005, Chuck was appointed Chair of the Oregon Governor's Advisory Committee on DUll and still serves in that capacity. Cindy Brockett Cindy Brockett, CPS, is a Certified Prevention Specialist and Assistant Director of CLEAR Alliance's non-profit organization. Mrs. Brockett has been in the field of prevention for almost a decade. She is a Certified Prevention Specialist and the Assistant Director of Clear Alliance. Prior to coming on board with the team at Clear Alliance, Cindy was the Supervisor for BestCare Treatment Services Prevention Office.While there as supervisor, Cindy helped to develop the Youth Team from a group of 5 to approximately 65 youth with a positive focus on youth empowerment. Her real joy in her job is to educate students in fun and memorable ways and equip them with important coping mechanisms and refusal skills for peer pressure around alcohol and drugs. Before her prevention adventure began, Cindy worked in Juvenile Justice in Crook County since 1998. Connie Ramaekers Connie Ramaekers is a CLEAR Alliance Board Director, Prevention Specialist, and the Founder and Program Director for Tigard Turns the Tide. Mrs. Ramaekers has been in the prevention field for more than 30 years. She has formed countless drug and alcohol youth movements including STUDD(Stop Teen Underage Drinking and Drug Use)with more than 100 students enrolled. In 1982,when a group of moms were shocked to find out that many high school students were using alcohol and marijuana,Connie was spurred to action and decided to do something to influence students to make good choices. In 1984,they organized the first alcohol and drug free graduation party. Fast forward to 2007,when they applied for and received a grant to set up Tigard Turns the Tide. In 2012, they received another grant to continue the work. The program has been making a difference, as reflected in the drop in alcohol use rate in 8th graders by 50%since 2007. Dale Quigley(Quig) Dale Quigley is currently the Training Manager at Rocky Mountain High Intensity Drug Trafficking Area(HIDTA) Program in Denver, Colorado. Until recently, he oversaw the intelligence and analytical support operations for the four-state Rocky Mountain HIDTA region; targeting major drug trafficking organizations. Quig has been a peace officer in Colorado since 1979. He recently retired as a Sergeant from the Aurora Police Department. In his 37 years of experience, Quig notes his most rewarding assignments have been related to drug enforcement. He has an extensive background in narcotics investigations and supervising drug units;to include a multi-jurisdictional gang/ drug task force for the FBI. Recognized as a subject matter expert in several aspects of drug enforcement, he regularly speaks at both regional and national drug conferences.Additionally, Quig instructs at the Community College of Aurora (Colorado)and has instructed classes for the Rocky Mountain HIDTA since 2003. Daniel Estes Dan Estes has served as the Impaired Driving Program Manager for the Oregon Department of Transportation since 2013 and has led the department's preparation and response to the legalization of marijuana After studying international relations at Lewis and Clark College in Portland, he spent the next 20 years working in national, state and local governments as a political strategist, lobbyist and media advisor, often focusing on public safety issues and economic development. Dan has served on three governor-appointed task forces, including the Governor's Methamphetamine Task Force and co-chairing the Governor's Statewide Veterans Services Task Force. He also worked as the director of business development and strategic planning for an international defense contractor, focusing on the Middle East, Europe and Africa. In his spare time, Dan chairs his city's local planning commission and volunteers as the public information officer for multiple agencies for emergency response issues. Dan lives in Hubbard, Oregon with his wife and two kids. Darrin T. Grondel Darrin Grondel, Director of Washington Traffic Safety Commission, has a Bachelor of Arts degree in Political Science from Brigham Young University,a Masters in Public Administration from The Evergreen State College,and finalizing his Doctorate in Organizational Leadership with Brandman University. Darrin is a graduate of Northwestern University—School of Police Staff and Command,Class 201. Darrin began his career as a trooper with the Washington State Patrol on January 6, 1992. He promoted through the ranks to Captain with varying job assignments, leadership and management responsibilities. In 2009, he was nominated to the Governors Distinguished Managers Association. On March 1,2012, Governor Christine Gregoire appointed Darrin as Director of the Washington Traffic Safety Commission. On March 1,2013, Governor Jay Inslee reappointed Darrin as Director. Director Grondel is an active member with the Governors Highway Safety Association(GHSA)serving as Secretary on the Executive Board and the American Association of Motor Vehicle Administrators(AAMVA)where he serves as the Chair of the Law Enforcement Standing Committee and Chair of the Region IV Law Enforcement Committee. He enjoys all sports and spending time with his wife and ten children. Deena Ryerson Deena Ryerson is a 1998 graduate of the University of Oregon, School of Law. She was admitted to the bar in 1998 and practiced civil litigation for two years. She was hired by the Washington County District Attorney's office in 2000 and worked as a prosecutor for six years prosecuting both misdemeanor and felony cases. During that time, she prosecuted countless DUll's, both alcohol and drug related, and conducted several training programs for law enforcement,junior prosecutors and law clerks. She was selected as Oregon's DUII Multi-Disciplinary Training Task Force 2004 Prosecutor of the Year. In 2006, Ms. Ryerson became Oregon's Traffic Safety Resource Prosecutor with the Department of Justice. As Oregon's TSRP, she assists prosecutors, provides updates to DUN case law, and alerts prosecutors and law enforcement to issues that surface through the defense of DUll cases. Ms. Ryerson also trains law enforcement on DUI' law including new recruits at Oregon's Department of Public Safety Standards and Training Academy. She has been asked to give trainings in many states as well as at national DUN conferences. She is a member of the DUll Multi-Disciplinary Task Force,the Drug Recognition Expert Steering Committee,the Marijuana Legislation and Rules Committee for law enforcement,the CLEAR Alliance Oregon Statewide Coalition, numerous DUII related work groups, and a liaison to the Governor's advisory Committee on DUI!. In 2014, Ms. Ryerson was selected as the International Association of Chiefs of Police DRE Ambassador. Derek Franklin Derek Franklin, MA, is the Immediate Past President of the Washington Association for Substance Abuse and Violence Prevention (WASAVP)and the Project Director of the Mercer Island Communities That Care Coalition and the Programs Manager at Mercer Island Youth&Family Services. He received a BA in Psychology from Occidental College, an MA in Counseling Psychology from Antioch University, Seattle. He has spent over 20 years in the community-based mental health and substance abuse prevention and treatment fields. He has been extensively involved in Washington's marijuana legalization policy and related substance abuse prevention advocacy issues and presents on the issue both locally and nationally. Dr. Darryl S. Inaba Dr. Darryl Inaba, PharmD, CATC V, CADC III, is currently the Director of Clinical and Behavioral Health Service, Addictions Recovery Center, Medford Oregon and Director of Research and Education at CNS Productions, Inc. in Medford Oregon. Dr. Inaba is a Lifetime Fellow at Haight Ashbury Free Clinics in San Francisco and Associate Clinical Professor of Pharmacy at the University Of California San Francisco School Of Pharmacy. He also serves as Special Consultant/Instructor for the University of Utah School on Alcoholism and Other Drug Dependencies.While working at the Haight-Ashbury Clinics, Dr. Inaba supervised the clinical treatment of over 300,000 self-referred substance abusers. He is also noted for his work in developing culturally consistent treatment services with the National Asian Pacific American Families Against Substance Abuse and the Glide Memorial Church's African American Extended Family Recovery Center in San Francisco. Additionally, Dr. Inaba has served on numerous boards and commissions and he has received over 90 individual awards of merit including awards from the California Society of Addiction Medicine and the California Association of County Drug Program Administrators. He earned a Doctor of Pharmacy from the University of California, San Francisco School of Pharmacy in 1971 and is a Certified Addiction Treatment Counselor(CATC) Level V and a Certified Alcohol and Drug Counselor III. Dr. Inaba is the author of several publications and award winning educational videos on all aspects of substance abuse work. He and Mr.William Cohen co-authored Upper., Dow.,er, Al,Aro,,,,ders that is used as the principal text on substance use disorders in over 300 U.S. universities and has been translated in over 6 foreign languages. The publication is now in its 8th Edition published in 2014. Dr. David Rosenberg David Rosenberg, MD is a board certified Emergency Medicine Physician by the American Board of Emergency Medicine. He currently works for Central Oregon Emergency Physicians at St. Charles Medical Center(SCMC) in Bend Oregon,where he has worked for the past 10 years. He was born and raised in the Washington DC area. He attended medical school at the Medical College of Virginia in Richmond,VA and completed residency in Emergency Medicine at Emory University in Atlanta, GA. Before coming to Bend he worked at the Washington Hospital Center and Georgetown University in Washington, DC. Currently, he is physician advisor for Sisters-Camp Sherman Fire and EMS, chair of the Bioethics Committee at SCMC Bend, and serves as Board Director for CLEAR Alliance. Dr. Emily Osborn Emily Osborn, MD is a board certified Emergency Medicine Physician by the American Board of Emergency Medicine. She works for Central Oregon Emergency Physicians at St. Charles Medical Center in Bend Oregon. Dr. Osborn went to medical school at the University of California, Davis and was the class president. She has been involved in research on methamphetamine abuse. For her residency she attended the University of Arizona and was a chief resident. She worked at Fairfax Hospital in the greater Washington DC area before taking a job in Bend Oregon at St. Charles Medical Center. Dr. Gillian Salton Gillian Salton, MD, FACEP, FAAEM, is a board certified Emergency Medicine Physician by the American Board of Emergency Medicine. She works for Central Oregon Emergency Physicians at St. Charles Medical Center(SCMC) in Bend Oregon, where she is elected Medical Staff President. Dr. Salton majored in Geology at Harvard University and graduated AB Magna Cum Laude with Highest Honors. She then traveled to New Zealand on a Fulbright Scholarship and participated in advanced studies in Geophysics at University of Colorado. She graduated from / | i Dartmouth Medical School in 2001,served her internship at University of Hawaii,and residency at Denver Heath � Medical Center. Dr. Salton has received numerous awards and recognitions for her work, including the prestigious � Janet KA. Glasgow Memorial Award for top female graduate sdDartmouth Medical School. Dr.Salton currently � practices emergency medicine in Bend, Oregon and enjoys kayaking, rock climbing,and skiing. Dr. Jana VanAmburg / Jana VanAmburg, MD, FACS, is the Deschutes County Medical Examiner and a Board Certified General Surgeon . who has been treating Central Oregonians for the past 13 years with compassion and care, Dr.VanAmburg takes a personal approach to understand her patient's needs by listening,explaining options and developing individualized treatment plans. Specializing in: Breast care,gallbladder surgery, hernia repair,colon care and general surgical care. With over 3Oyears ofexperience aoboth anurse and osurgeon, she was the first woman topractice general surgery inCentral Oregon,adding amuch needed choice for many patients. Dr.VanAmburQattempts tobring aunique style to surgical care of all kinds, as well as a passion to fight breast cancer. She has a special interest in women's health issues, providing,date-nf-the-artbreast care and varicose vein treatments as well as gastrointestinal procedures. Her practice offers the full range of general surgical procedures for all ages including excision of skin lesions and cancers, Mhymidectomy, hernia repair,appendectomy,gallbladder removal, endu000py,nnlonoocopy, reflux surgery,colon ' resection and trauma surgery with care and compassion. Dr. Marc Gonzalez Marc Gonzalez, Phann.D. aomod his Doctor ofPharmacy degree from the University of Southern California, School of Pharmacy. Dr.Gonzalez is the President of Pharmaceutical Diversion Consultants, LLC, providing training to military,law enforcement and health care professionals. His consulting services also include conducting compliance evaluations for all entities registered with the Drug Enforcement Administration, including doctors practicing inpain management;providing education and risk mitigation plans bmbring pharmacies into compliance and fulfill their corresponding responsibilities assisting in applying for Prescription Monitoring Programs; providing speakers from federal, state, regulatory and local law enforcement; and,providing assistance to wholesalers who struggle to understand and initiate compliance programs under the DEA"Know Your Customer"wholesaler standards. Dr. Gonzalez also provides expert testimony on all drug related matters from appropriate prescribing to drug facilitated sexual assault. He also numem as President of the California Chaptar, National Association of Drug Diversion investigators,as well as a consultant for the Department of Defense, His responsibilities with the DoDinclude training and advising military and law enforcement and participating invarious projects requested from xmhigh oothe Office of the President. Dc Gonzalez is currently the lead instructor for the Department of Defense's Regional Counter Drug Training Academy at Naval Air Station Meridian. He has also trained at Midwest Counter Drug and Western Counter Drug Training Academies attheir resident military bases throughout the country. Dr. Gonzalez has conducted numerous trainings for military investigative services(NCIS,Army, CID,OSI, CGIS and USMC CID)throughout the World. Dr.Gonzalez iacurrently oninstructor for the California Narcotic Officers'Association and the International Chiefs'cfPoUce-Drug Recognition Experts. Dr. Gonzalez developed the original section on"Medical and Psychological Rule-outs"for the IACP-DRE. He is also part of the core course for DRE with the California Highway Petnzi Impaired Driver Units Pne-8ohnu|"and the Los Angeles Police Department's"Re-Certification"ORE School and has re-certified DRE's throughout the country. Dr. Gonzalez is a contributing author and editor for training modules for the Coalition"End Violence Against VVomen." Dr.Gonzalez imagraduate oySenator Presley's Institute for Criminal Investigation,which allows him tocertify other instructors eoCalifornia Peace Officer Standards and Training Instructors. He has instructed health care on Advanced Cardiac Life Support and mi|iteqNowanfhrcemnnt personnel in the medical aspects of biological and chemical warfare agents. He previously served on a response team for hospitals inthe Los Angeles area inthe event ofenattack. Dr.Gonzalez previously worked for Purdue Pharma, LP..in Corporate Security aoa Law Enforcement Liaison and Educotor,training thousands of law enforcement officers,health care professionals,military and military investigative services. Dr. Gonzalez previously worked for the State of California, Department of Consumer Affairs,as a peace officer,where he supervised investigations involving violations of state and federal laws and regulations relating to medical practitioners and allied health professionals. Dr. Gonzalez was also a California State Board of Pharmacy Inspector. Dr.Gonzalez served as Head of the Professional Diversion Intelligence Network/Drug Enforcement Administration,a training and task force dealing with pharmaceutical diversion cases nationwide,As head of this task force, Dr. Gonzalez wasawarded the highest award that can be given to a California Peace officer by then Attorney General Dan Lungren.The Certificate ofCommendation for outstanding contributions anddodicatiuntoCoUfomisdmgenhmncement. Dr. Gonzalez volunteered for the Los Angeles Police Department for eight years and named"Volunteer of the Year"by then Mayor Tom Bradley and the City Council in 1990 for the amount of hours he worked and the impact he made on crime at the West Los Angeles Division. Dr. Pamela Twmmay Pame|eTonnay. YND. is affiliated with St. Charles Medical Group Emergency Physicians and has been a board certified Attending Physician of Emergency Medicine at St. Charles Medical Center in Oregon since 1998. She received her medical degree from Wayne State University School of Medicine in Detroit, Michigan. Dr.Tmnay completed a residency in Emergency Medicine at UCLA Medical Center i»Los Angeles, California. She has been board certified bythe American Board ofEmergency Medicine since 1H94. Dr.Tomayioalso ocertified provider of Advanced Trauma Life Support and is an instructor of Advanced Cardiac Life Support. Dr.Tomoyhas held previous academic positions at UCSF/Fresno and is the author of published studies of emergency medicine related topics. She is involved in the training of medical students in the ED,providing care at the Volunteers inMedicine Clinic, raising community awareness of the problem of drug abuse through the CLEAR Alliance non-profit group and the Oregon Health Authority Pain Standards Task Force. She ioactively involved inaddressing issues that emergency providers encounter in the treatment of chronic pain patients in Central Oregon. Dwight Holton Dwight Holton serves as chief executive officer for the Portland-based nonprofit Lines For Life,which is dedicated to suicide abuse and prevention, Holton was born and raised inVirginia,where his father served aogovernor ofVirginia from 1970-1974. He received his undergraduate degree in history from Brown University,and later earned his J.D. from the University of Virginia. Immediately upon graduating from law school, Holton accepted a coveted position with the U.S. Department of Justice as an Assistant United States Attorney. He joined the U.S.Attorney's Office in Oregon in 2004,prosecuting white-collar criminals and corporate polluters.Holton was promoted to head the office as U.S. Attorney for Oregon inFebruary 2D1O.and served there until October 2D11. Dwight Holton currently resides in Southeast Portland with his wife, Mary Ellen Glynn and their two young children,Terence and Fiona. Ed SMemneYya Ed Shemelya, Ret. Commander Kentucky State Police, is the National Coordinator-National Marijuana Initiative H|D7A-NHAC, Ediva3O-yeerveteran cf the Kentucky State Police and iecurrently the National Coordinator nfthe National Marijuana Initiative,an Initiative that is responsible for assisting and improving the capabilities of the 32 High Intensity Drug Trafficking Areas nationwide in carrying out the National Drug Control Strategy objectives of disrupting domestic trafficking and production of,and reducing demand for, marijuana and derivative products. Prior tohis current assignment, heserved aothe Eastern Region Marijuana Coordinator for the Appalachia H|DTA.and was responsible for the oversight of marijuana cultivation activities within the four state Appalachia HIDTA region. Shemelya began his law enforcement career in 1979,where he worked patrol, general investigations and narcotics within the Pikeville Post mfthe KSP. Promoted tuSergeant in1QO5and Lieutenant in1S8Bhaserved the agency in many capacities from Internal Affairs, R&D,and as commander of the State Police first full—time Special Response Team. In 2003 he was appointed Commander of the Kentucky Governor's Marijuana Strike Force and the Kentucky Eradication Initiative,within dheAH|DTA. This multi-agency task force comprised cfFederal, State and Local agencies istasked with fighting Kentucky's outdoor and indoor marijuana problem. During his six years os commander the Kentucky Eradication Task Force was recognized as the most outstanding eradication Task Force in the nation for four consecutive years by the Office of National Drug Control Policy. 8hemo@aresides inLondon Kentucky and is a graduate of Eastern Kentucky University and Northwestern University. He is married with two daughters and three grandchildren. Eric Martin Eric Martin, MAC, CADCIII, CRM, CPS, is the past president and director emeritus of the Addiction Counselor Certification Board ofOregon. Heisanadjunct faculty member with the UO8APPprogram and econtract instructor with Oregon's Child Welfare Division. He is a state and nationally certified addictions counselor with2Gyears of clinical experience in inpatient psychiatric hospitalization,residential and outpatient addictions treatment,and alcohol, tobacco and other drug prevention. Martin ivaninternational presenter and treatment advocate who has served on several governors'advisory boards,the Governor's Council on Alcohol and Drug Abuse Programs and the Govemor's Drug and Violent Crime Advisory Board. He has also produced videos including"Reunited,"designed for methamphetamine addicted mothers entering the child welfare system. Evan Smther Evan Sether' GgL.has worked inlaw enforcement for 12years. Evan graduated from Oregon State University in 2004 and immediately began his law enforcement career at Springfield Police Department where he served as a patrol offioarand became adrug recognition expert. Howas hired byOregon State Police}n2OO8and became the State Coordinator of the Oregon Drug Evaluation and Classification Program and DRE trainer in January 2015. Gary Thompson Gary Thompson is a retired Oregon Circuit Court Judge from the 22nd Judicial District and Board Presidentfor CLEAR Alliance, Judge Thompson received his Bachelor's degree from Oregon State University and his J.D_from Willamette University in 1972.Judge Thompson served as District Attorney from 1972 until 1990.While District Attorney he served as President of the Oregon District Attorney's Association(ODAA).Judge Thompson served an Judge from 1990 until 2008.While on the bench,Judge Thompson formed the 22nd Judicial District Drug Court and served as its judge until retirement. Judge Thompson served as a Plan B Judge from 2008 until 2013. He is currently a Senior Judge for the State of Oregon. George Endicott George Endicott is the Redmond Mayor. He began his tenure in 2009 and was just elected to a 4th term. Prior to becoming Mayor he served as a City Councilor. His Redmond service began as an Urban Area Planning Commissioner in 2005. Other civic volunteer work included a northern Virginia planning commissioner and membership in a land-use oriented civic association. George's career as a federal employee mainly related to Information Technology, and the advancement thereof. He designed the Department of Defense Architecture Framework for IT systems and led teams implementing the concepts. George has a BS in Economics from Oregon State University with post-graduate certificates including Program Management, Manpower Management(now related to human resources) and Land Use Planning. George would like to claim he's retired, but acknowledges that his city work approaches full time employment. Gene Whisnant Gene Whisnant, Oregon State Representative, is a Republican member of the Oregon House of Representatives, representing District 53. He was first appointed to the chamber on September 5,2003, to replace Rep. Ben Westlund, who resigned to take a seat in the Oregon State Senate. He currently serves as Assistant Minority Leader. Whisnant has held several positions in the Republican party,including Precinct 16 Precinct Person, Deschutes County Precinct Person, Chair of the Deschutes County Republican Party, alternate delegate and treasurer. He is also a member of the Sunriver Board of Directors. Whinsant attended the Air Command and Staff College and the National Defense College. He earned his B.A. in journalism from the University of North Carolina at Chapel Hill and his M.A. in International Affairs from the University of Arkansas. Whisnant served as a Colonel in the United States Air Force. In that position he served as Deputy Director of the Armed Forces Information Service. He was also a Diplomat/Defense and Air Attache at the United States Embassy in Belgrade,Yugoslavia. Whisnant was a trainee in the Defense Intelligence Agency, and Program Manager, Deputy Under Secretary of Defense, International Programs. This experience includes being a Staff Officer in the Office of Deputy Secretary of Defense and Liaison, and in the Office of Vice Chief of Staff in the Air Force. For the 78th Legislative Session(2015), Gene will be serving as the Vice Chair of Higher Education, Innovation, and Workforce Development Committee, and as a member of the Joint Ways& Means Committee, Public Safety Subcommittee, and the Joint Legislative Audits Committee. He will also serve as the House Republican Assistant Leader. Glenn Davis Glenn Davis is the Highway Safety Manager for the Colorado Department of Transportation(CDOT), Highway Safety Office(HSO). Glenn has a bachelor's degree in Criminal Justice and a Master's Degree in Education from Colorado State University. Glenn's areas of responsibilities for the HSO are Impaired Driving, Police Traffic Services, Motorcycle Safety and Speed Enforcement and Control. Glenn has served on the Colorado Peace Officer Standards and Training (POST)curriculum committee, State Emergency Medical and Trauma Services Advisory Council, and Colorado Prevention Leadership Council. Glenn is former chair and vice-chair of the Colorado Task Force on Drunk and Impaired Driving(CTFDID), chair of the Colorado Motorcycle Operator Advisory Board(MOSAB), former secretary and current parliamentarian of the Colorado State Traffic Records Advisory Committee(CSTRAC)and the CDOT representative on the Colorado Persistent Drunk Driver Committee and Colorado Teen Driving Alliance (CTDA). Glenn represents the CDOT on the Governor's Marijuana Working Group, Marijuana Education Oversite Committee, Peace Officer Standards and Training Marijuana Working Group. Glenn retired from Littleton Police(CO) after 25 years of law enforcement service where he was Drug Recognition Expert(DRE)and Impaired Driving Enforcement Coordinator before joining CDOT. Glenn is a currently a reserve sergeant in the Ft. Lupton Police Department. Glenn has received the following awards: The International Association of Chiefs of Police Drug Evaluation and Classification Emeritus Award; Colorado DRE Centennial Award, for dedication and support to the Colorado Drug Recognition Expert program; and Dr. Robert Weltzer award for dedication to traffic safety from Mothers Against Drunk Driving. Janelle Lawrence Janelle Lawrence is the Executive Director of Oregon Impact, a non-profit organization that started in 1998 to expand efforts to increase safe driving by reducing driving under the influence from a primarily intervention focus to an emphasis on prevention. Janelle oversees efforts to provide educational experience to end impaired and distracted driving, offers programs to reduce fatalities, injuries and the severity of injuries resulting from vehicle crashes throughout Oregon. Jermaine Galloway At 6 feet 9 inches tall, Officer Jermaine Galloway looks like an intimidating presence, but he is devoted and passionate about education,training, and enforcement when it comes to alcohol and drug use and abuse prevention. Officer Galloway is a nationally and internationally recognized instructor and is well known for his countless hours of research on alcohol and drug trends. Officer Jermaine Galloway has been an Idaho law enforcement officer since 1997 and has more than 15 years of experience in underage drinking, drug and alcohol enforcement. Officer Galloway has worked several different assignments,including: alcohol compliance and enforcement officer, crime scene investigation (CSI), DUI task force, officer mentoring, and as a field training officer.After playing Division I basketball, Jermaine received his BA from the University of San Francisco. Jermaine has coordinated and led thousands of alcohol related initiatives,enforcement patrols and trainings. Furthermore, Officer Galloway has conducted more than 500 community scans of retail locations, festivals, housing areas, schools/universities, and areas with possibly drug and alcohol influences across the country and internationally. Jermaine is also an Idaho POST certified instructor in alcohol beverage laws, drug identification, and community policing. He currently provides nationwide training to police officers, prevention personnel, educators, counselors, parents,treatment providers, judges, business leaders, community leaders, state representatives, health professionals and community coalition members on alcohol and drug trends, drug identifiers, drug clothing, party patrols, party drugs, Fake ID's,drug concealment, alcohol and energy drinks, drug logos,synthetic drugs, drug concentrates,drug legalization, inhalants, non-traditional ways of alcohol consumption, cough medicine abuse, alcohol laws, drug stash compartments, popular culture music, and other community based alcohol and drug initiatives. Officer Galloway also spends much of his time speaking to youth on the harms of underage drinking, drug abuse and tobacco. Each year Jermaine has spent countless hours talking to youth at school assembly's and town hall meetings.Currently, Galloway has trained over 75,000 people nationwide and internationally. Jermaine has had articles published in American Police Beat Magazine and many local area newspapers where he has done presentations. Officer Galloway has been highlighted in multiple news stories/videos covering topics such as new forms of marijuana, e-cigarettes, party patrols, underage drinking, drug trends/stash compartments. Jermaine has also been highlighted in videos and television news media. In 2015 Officer Galloway's program,"You Can't Stop What You Don't Know",was highlighted in this recently released book"Clearing the Haze", by Dr. Christian Thurstone, a psychiatrist and medical director, and Christine Tatum of Colorado. Officer Galloway is a member of several local community substance abuse prevention coalitions. In addition,Galloway has provided keynote and breakout session presentations at several state, nationally and internationally recognized conferences and has been the recipient of several awards. Jo McGuire Jo McGuire serves on the board of directors for the Drug and Alcohol Testing Industry Association and co-chairs the Marijuana Education Committee. She is also a DATIA Certified Professional Collector and Trainer(CPCT)and a Certified Designated Employee Representative Trainer(CDERT)who consults and trains professionals overseeing Safety Sensitive Employees in the compliance of federal DOT guidelines for drug and alcohol screening programs. Jo assists educators with classroom and assembly-style presentations aimed at youth drug prevention and parent awareness and education. Finding a niche in the non-profit sector, she spent over 15 years in the development of projects for risk-reduction, increased education and prevention programs in the field of youth intervention and school safety. As the program manager for a statewide prevention initiative focused on school violence prevention, Jo received recognition by the Colorado Department of Public Safety,the Colorado State Patrol the Safe2Tell Board of Directors and the Colorado Springs Police Department for her outstanding achievements in the field of school safety and critical infrastructure management. She has served on the Colorado-Ready planning team,the Adams County Youth Initiative prevention council, the Colorado School Safety Planning Team,the Automated Critical Asset Management System and has been a member of the Colorado Association of School Executives. She has worked extensively with public and private foundations in collaborative efforts for community wellness, awareness and education such as the I Love U Guys Foundation, the El Pomar Foundation, AARP, The Colorado Trust, Children's Hospital, and the U.S. Department of Homeland Security Faith-Based&Neighborhood Partnership. As an influential writer,Jo's work has been published in trade journals, magazines and reports detailing best practices for safe and drug-free workplaces. She has successfully attained and managed over 2.5 million dollars in grant funded- projects over the course of her career at both the local and federal level and has served as a consultant for non-profit grant writers and project managers. Jo was appointed to serve on the Colorado Governor's Task Force,convened to recommend a legislative framework for the regulation of marijuana after the passage of Amendment 64.As a part of the Taxation, Banking and Civil Law work group,Jo lent her expertise in the form of recommendations for drug and alcohol testing in the workplace. John Redman John Redman is an internationally recognized speaker and discussion facilitator on drug policy issues--particularly as they pertain to children. He is the Director of Drug Demand Reduction for the High Intensity Drug Trafficking Areas (HIDTA's)of California, a program out of the Office of the President's, Office of National Drug Control Policy (ONDCP). Mr. Redman has been honored as an Ambassador of Peace with, the United Nations Middle East Peace Initiative; he was a Delegate to the United Nations Collaboration on Global Drug Policy, 2008; the recipient of the Director's Award for Distinguished Service from the Office of the President's, Office of National Drug Control Policy (ONDCP);the recipient of the President's Call to Service Award, 2008 and in 2011 he was honored as the Citizen of the Year from the California Narcotics Officer's Association. He holds a B.A. in Libe ral Arts from Texas A&M University, College Station, TX, (1983), an M.F.A. degree in design from San Diego State University, San Diego, CA, (1996)and an Honorary Doctor of Divinity from Sacramento Theological Seminary and Bible College. John Trumbo John Trumbo is retired as Umatilla County Oregon Sheriff and Board Vice-President of CLEAR Alliance. John Trumbo began his law enforcement career in 1973 and rose through the ranks of leadership. He served as Sheriff from 1997 to 2013,and retired in 2013. During his career and even in retirement, John has served in several capacities including as President of the Oregon State Sheriffs Association(2004), Executive Board of the Oregon State Sheriffs Association (2004-2013), President of Oregon Livestock and Rural Crime Investigators Association (2004-2011), Chairman of Umatilla/Morrow County Law Enforcement Association (2007-2013), Director of Pendleton Round-Up Association(2007-2014), Board member of Pendleton Cattle Baron's Weekend(2013-present), and Vice- President of Pendleton Round-Up Association(2015). Sheriff Trumbo was also an original member of the Governor's Meth Task Force and an original member of the Governor's Medal of Honor Commission (2010 to retired). John is now very active in the CLEAR Alliance mission to empower drug prevention education throughout the entire state of Oregon. Julie Spackman Julie Spackman, CPS, is a Certified Prevention Specialist and has been employed by Deschutes County since 2008 in the field of substance abuse prevention. She currently provides technical assistance to the Shared Future Coalition on the prevention of high risk drinking among 18 to 25 year olds, and the prevention of prescription drug misuse and abuse among 12 to 25 year olds. Prior to substance abuse prevention, Julie spent 15 years in the workforce development field as a project coordinator and employment counselor. Raised in Oregon,Julie completed her Bachelor's degree at Pacific Lutheran University with a double major in English and History, and also earned a teaching certificate for secondary education.After college, she moved to Fairbanks, Alaska, only returning to Oregon in 2000 with her husband and two children in order to be near grandparents, aunties, uncles and cousins. Julie and her family own a small hay farm in Eastern Deschutes County,where this country girl can decompress after daily work life in the big city. Karen Girard Karen Girard is the section manager of the Health Promotion and Chronic Disease Prevention section of the Oregon Public Health Division. She received her master's degree from Portland State University in public administration and her bachelor's degree from Willamette University in International Studies. She came to work at the Public Health Division in 1995 as a legislative liaison. That legislative session sparked her interest in public health and she's been at the Health Division ever since,working to change policy, systems and environments to improve the public's health in tobacco, alcohol and substance misuse prevention, physical activity and nutrition, early detection and self- management. Karen Williams Karen Williams, MSSW, is not a neuroscientist,but she is known for her ability to explain the latest neuroscience in ways that are fun, easy to remember, and ready to apply to real life. She not only explains the science behind why youth act the way they do, she provides practical information that can be used on day one. Her current areas of focus include: brain development and behavior;the adolescent brain and behavior;the impact of distress, anxiety, and trauma on brain development and behavior;the vital role of our"second brain" and the basics of building brain- friendly, safe and supportive, and trauma-informed schools. Maggie Heising Maggie Heising, CMA, ER Staff, has worked at St. Charles Hospital in Bend Oregon in the Emergency Room since 2006 and as Development Director for CLEAR Alliance's non-profit since 2015. Ms. Heising has an array of experience working with mental health providers, doctors, nurses, law enforcement, firefighters,Air&Ground ambulances, medical examiners, paramedics, EMTs, Children Protective Services, Social services, Chaplain services, and hospital staff. She has assisted with various traumas that have come through the Emergency Room over the past 9 years, including mental health, suicide, homicide, drug overdoses and drug addiction,accidents, rape and other traumas. Maggie is working in progress towards her Registered Nurse certification. Maggie Heising has been awarded"Caregiver of the Month"three times by her peers;the most recent award was in March of 2014. Mandi Puckett Mandi Puckett, CPS, is a Certified Prevention Specialist and the Executive Director of CLEAR Alliance, a statewide educational non-profit organization focused on substance abuse and impaired driving education and prevention. Mrs. Puckett has worked in public-service for 17 years. She also offers contracted consultant services for prevention education training, public health and safety advocacy, school safety, child safety products, grant-writing,and project management through her business Oregon Safety Solutions. Previously, Mrs. Puckett worked as Prevention Supervisor for 12 years for a private/non-profit organization coordinating alcohol,tobacco and other drug prevention efforts in Jefferson County,which included supervising other prevention specialists. Mrs. Puckett has worked in the field of Prevention since 2002. Prior to working in Prevention, Mrs. Puckett worked as a Juvenile Justice Officer since 1999. During her long-term service, she has been recognized with several awards including a Special Recognition Award from the Oregon State Sheriffs'Association, Outstanding Prevention Program from Oregon Partnership, Citizen Impact Award from the Jefferson County Sheriff, Catalyst for Change Award from Smart Approaches to Marijuana, and the DUD Prevention/Treatment Provider of the Year Award from the Oregon DUll Multi-Disciplinary Training Task Force. Marie Watkins Marie Watkins, CPS, is a certified prevention specialist and director of Tigard Turns the Tide Coalition.Watkins attended Western Oregon University in Monmouth, Oregon,where she earned a bachelor's of science degree in Criminal Justice in 2012 and she became a certified prevention specialist in 2015. Throughout her career, she has worked in alcohol and substance abuse prevention with youth. She has held several positions of increasing responsibility at Linn County, Oregon, including being a prevention life skills instructor at the elementary and middle- school level, where she taught the Botvin Life Skills course. Most recently,Watkins worked as a prevention specialist for BestCare Treatment Services Prevention Office in Madras, Oregon,where she developed and implemented evidence-based strategies and best practices for prevention of drug and alcohol abuse for youth of all ages under the Drug Free Communities Coalition Grant. Watkins was hired by Tigard Turns the Tide Coalition in August 2015. Since then she has worked with the community coalition to reduce drug and alcohol use among youth in Tigard, OR. Michael Iwai Sergeant Michael S. lwai is a 19-year veteran of law enforcement. He is assigned as a patrol sergeant to the Salem Area Command Office, and is the Oregon State Police Officers'Association Vice President. lwai served as Oregon's 4th Drug Evaluation and Classification Program State Coordinator from 2008 to 2014. He is a former Chairman of the International Association of Chiefs of Police(IACP)-Drug Recognition Expert Section and Oregon DRE Advisory Committee. He is currently an appointed member of the IACP Technical Advisory Panel (TAP), and serves as a board of director with Children Learning through Education and Research(CLEAR)Alliance. Since 1999, Iwai has been a certified and credentialed Drug Recognition Expert(DRE)and obtained DRE instructor certification in 2002. He continuously instructs all NHTSA/IACP impaired driving curriculums in and outside the state Oregon. Furthermore, he instructs a variety of law enforcement topics at both the basic and supervisory leadership academies. He's recognized as an expert in court on alcohol and drug impairment and has testified several times at the Oregon State Legislature on bills relating to both DRE and DUD. Iwai earned his Bachelor of Arts in Business: Management and Organizational Leadership from George Fox University, and is a veteran of the U.S. Army. He is the recipient of the 2015 MADD National President's Award-Outstanding Individual Hero, Ken Snook-DRE Award of Excellence 2014, DUII Multi-Disciplinary Training Conference Task Force-Senior Trooper Maria Mignano Dedication to Duty Award 2012, DUI! MultiDisciplinary Training Conference Task Force-DUll Trainer of the Year Award 2007, and the Oregon State Police-Harold Berg Life Savings Award 2004. Ray Cuellar Ray Cuellar has extensive experience and training in public safety. Ray just retired with 25 years of service as Sergeant of the Prineville Police Department. He and his wife recently relocated to the Medford area to be near family(and grandchildren). Ray now serves as a Security/School Resource Officer for Grace Cascade Christian School. Previously, Ray has served as a D.A.R.E. instructor, Board member for the DUI! Impact Panel for Crook County Victims Assistance, Board member for RUDI,"Reduce Underage Drinking", Board member for Boys and Girls Club, and Board member for Big Brothers Big Sisters. Rebecca Timms Rebecca Timms is a Licensed Clinical Social Worker in Bend, Oregon. Her medical specialization is focused on psychiatric emergency services at St. Charles Medical Services in Bend. Ms. Timms also provides service for Veterans Affairs in Bend, Oregon. Robert Hayes Robert Hayes, Sgt., is currently assigned to the Patrol Division of the Albany Police Department. The Albany Police Department hired Robert in 1999. Robert's passion is traffic enforcement, and in particular the detection of impaired drivers. Prior to working for the Albany Police Department, Robert served for four years with the Florence Police Department(Florence, Oregon)and four years as a Reserve Deputy for the Marion County Sheriffs Office. Robert attended the fourth Drug Recognition Expert School that was held in the State of Oregon in 1998. He is currently a Drug Recognition Expert, Drug Recognition Expert Instructor, Intoxilyzer 8000 Instructor, DITEP Instructor, and a SFST Instructor. He is also a part-time Department of Public Safety, Standards and Training(DPSST) instructor as well as a Crash Re-Constructionist for his agency. In addition, Robert has been a Drug Recognition Expert Region II and III Allied Coordinator since July of 2009. In 1999 Robert received his Associates of Arts from Lane Community College. He is also the President for the Linn County DUll Victim Impact Panel and Chair for the DUll Multi- Disciplinary Task Force. During his career Robert has been recognized with the following awards: 2001 Drug Recognition Expert of the Year for a Municipality in the State of Oregon; 2005 Impaired Driving Trainer of the Year in the State of Oregon; 2005 City of Albany Police Officer of the Year; 2006 Security Alarm Corporation (SAC)Public Service Award; 2008 Award of Appreciation by Mothers Against Drunk Drivers, and 2013 Ken Snook DRE Award of Excellence. Sandy Giffin Sandy Giffin, RN, MS, NEA-C, is the director of the Oregon Poison Center. Sandy has worked as Director of Oregon Poison Center for Oregon Health&Science University(OHSU) in Portland Oregon since 1989. She became a Registered Nurse from the Tacoma General Hospital School of Nursing in 1978, received her B.S. in Nursing from Magna Cum Laude at Pacific Lutheran University in Tacoma in 1980, and received her M.S. in Administration& Community Health Care Systems from OHSU in 1994. Sandy currently serves as Chair of the American Poison Center Foundation Board of Directors(2013 to present)and Chair of the Finance Committee for Oregon Safe Kids Coalition (present). She previously served as President of American Association of Poison Control Centers(2008- 2010), Board Member for American Association of Poison Control Centers(2005-2012), and Advisory Board Member for Oregon Safe Kids Coalition (2011 to present). Shelley Campbell Shelley Campbell, RN, is Coordinator for Trauma Services, Trauma Nurses Talk Tough,and Injury Prevention and Outreach Education for Legacy Emanuel Medical Center. She has over 40 years of experience in nursing. 27 of those years were in the Operating Room with the main role as Pediatric Nursing Coordinator and Coordinator of an Adult Trauma Team. Her entire nursing career has been in critical care at a Level 1 Trauma Center. For the past 9 years, she has been an Injury Prevention Educator with Trauma Services for Trauma Nurses Talk Tough(TNTT)at Legacy Emanuel Medical Center. She educates all ages from pre-school through college and beyond. She also provides presentations for court mandated classes such as for Safety Belt violations, Minors in Possession,Young Drives Improvement, and DUll classes. Some of the areas that Shelley covers are Driver Education Classes, Parenting Classes, Supervision for Safety,and Responsibility for Safety. Shelley also presents to groups concerning violence and gang activity in the community and to court remanded youth working with Healing Hurt People. She presents to the Juvenile Court Classes on Youth and Alcohol and Marijuana in Clackamas, Multnomah and Washington Counties. Presentations to MS and HS students focus on the Adolescent Brain and stages of maturation and the effect of Alcohol and Marijuana on the developing brain. Shelley provides Injury Prevention Education to businesses, church groups and conferences. She has been the Key Note Speaker at National Conferences bringing with her the information that"Injuries Can Be Prevented". Her presentations contain information on brain development and the areas responsible for decision making, logic and short term memory. She then covers how alcohol and marijuana effect the brains ability in those areas. Sheriff Shane Nelson Deschutes County Sheriff Shane Nelson, has been in law enforcement in Oregon for more than 22 years. The Deschutes County Commissioners unanimously appointed Nelson as the 9th Sheriff of Deschutes County in July 2015 to replace the retiring Sheriff Larry Blanton. In September 2015, Nelson announced he will seek re-election as Deschutes County Sheriff. Nelson is an active member of the community. As Sheriff of Deschutes County, he serves on the Board of the Oregon State Sheriffs'Association,Vice Chair of the High Intensity Drug Trafficking Area and Chair of the Finance Subcommittee,the Board of Oregon Accreditation Alliance,the Board of Directors for Pilot Butte Partners, and the Board of Directors for the Redmond School District. He also serves on the Deschutes County Shared Future Coalition and the CLEAR Alliance Oregon Statewide Coalition. He was born and raised in Bend and graduated from Mountain View High School in 1988. After graduating from Oregon State University in 1993 he moved back to Bend. Lisa, his wife of 16 years grew up in Maupin. They have four children. Sheriff Tom Bergin Clatsop County Sheriff Tom Bergin started his Law Enforcement career as a Reserve Police Officer for the Seaside Police Department in 1985. Bergin was hired fuiltime in December of 1986 with Seaside where he worked patrol until 1992. Bergin went to work for the Clatsop County Sheriffs Office in February of 1992 as a Patrol Deputy. Bergin started the first narcotic canine unit at the Sheriff's Office and had 3 dogs over the years of service. Bergin was promoted to the rank of Sergeant in 1996. Bergin has primarily been involved with patrol and narcotics over the course of his career and ran the Inter-Agency Narcotics team for several years.While supervising the team, Clatsop County Inter-Agency Narcotics Team (CCINT)was awarded Narcotic Team of the year 2001 from WSIN (Western States Information Network) in Sacramento California. Bergin was promoted to Chief Deputy in 2003 and while Chief he finished earning his Middle Management and Executive certifications that were precluded by his Basic, Intermediate,Advanced and Supervisory. Bergin attended Oregon State and Portland State Universities. Bergin ran for and was elected to the Office of Sheriff and started in January of 2005. He has since run unopposed for a second term and then re-elected for a third term in 2013.As of September 2015, Bergin announced he will seek a 4th term as Clatsop County Sheriff. Bergin serves as the Oregon State Sheriffs representative to the 15 Western States Sheriffs Association and also serves on several committees for both OSSA and WSSA.Sheriff Bergin was elected to the Oregon State Sheriffs Association executive board as Secretary in 2009,Vice President in 2010, and President in 2011. Bergin was named Sheriff of the Year in 2010 for the State of Oregon and was also named Sheriff of the year for the Western States in 2015. Steve Freng Steve Freng, Psy.D, MSW,currently serves as the Prevention/Treatment Manager for the Northwest High Intensity Drug Trafficking Area(NW HIDTA), a region of fourteen counties within Washington State that has been designated by the White House Office of National Drug Control Policy for special law enforcement and chemical dependency initiatives. The programs under his direction focus on several areas, including the operations and evaluation of Drug Courts in ten of the NW HIDTA counties. NW HIDTA resources under his management also support substance abuse prevention projects throughout the region--each based on active collaborations with law enforcement agencies and variously emphasizing innovative service strategies, public education activities and neighborhood resource development—as well as public education programs, research, and technology development activities. Dr. Freng has achieved a 40-year career as a chemical dependency professional in clinical, managerial and policy- related capacities. His experience has included counseling and supervision, program design and administration, and service as the King County Alcohol and Drug Coordinator/Division Manager of the Seattle-King County Division of Alcoholism and Substance Abuse Services. As President of Community Network Services, Inc., he is also active as an independent clinician,trainer and international consultant. Dr. Freng serves on a variety of local and regional boards and panels, is active in legislative efforts,and has acquired directorial and investigatory expertise in research and service demonstration projects. Tammy Baney Tammy Baney, Deschutes County Commissioner,took office January 2, 2007. Her current term expires January 2019. Tammy was born in Salem, Oregon, raised in Deschutes County, and attended Central Oregon Community College and the University of Phoenix. Her professional background is in business management and real estate sales/investments. She is honored to have been selected for her work in health care reform as an Oregon Statesman of the Year by the Oregon Business Association. Commissioner Baney's public service includes the Deschutes County Commission on Children&Families; Deschutes County Local Public Safety Coordinating Council; and the Family Law Advisory Committee. She was appointed by Governor Kulongoski to serve on the 7 member Oregon Housing Stability Council(formerly Oregon Housing and Community Services)in 2010 and by Governor Kitzhaber to serve on the 5 member Oregon Transportation Commission in 2011. She continues to serve on the Council under Governor Kate Brown and is now the Chair of the Oregon Transportation Commission. Teen Panel —Lines for Life YouthLine Alex: Alex has dedicated over 3 years to the YouthLine at Lines for Life in Portland Oregon. He is spending his summer months as an intern before he begins his sophomore year of college at the University of Portland. Alex is the guy who can get stuff done and will make you laugh with a snarky comment or two while also being very helpful and insightful. Alex has a passion for YouthLine classroom outreach and is particularly amazing when it comes to talking about Suicide and Depression. Alex is almsot 19 years old. Avi: Avi has recently completed her first year on the YouthLine. She is bright,funny and charming and can turn a slow day on the phone lines into an instant party. She shows compassion and empathy with each phone call,text or chat on the YouthLine. Avi loves swimming and could probably save you if you were drowning.Avi is 17 years old. Brennan: Brennan has been with the YouthLine for 4 years-we call him our veteran! He is both an athlete and a writer. He spent his high school years playing lacrosse and still loves it. Brennan is working towards his Paramedic Certification and is currently an intern with YouthLine. Brennan is 19 years old. Carli: Carli has been with the YouthLine for over a year and a half. Her current role is as a lead volunteer,which means she spends a double shift with us every week. Her commitment for helping others extends outside of YouthLine as she organizes a super fun American Idol style fundraiser for the Children's Cancer Association. Carli loves to ski and is on her school ski team;she is also a black belt in Karate. Carli is 17 years old. Rory: Rory has been with the YouthLine for over a year. Rory has amazing skills in classroom outreach and shows incredible empathy and strong active listening skills on the phone and text lines. Rory loves to play the Ukelele and can sing like a dream! Rory is 16 years old. Tiffany Hicks Tiffany Hicks has been in public service for over 25 years, including 13 years as a law enforcement officer, several years in drug prevention and is currently coordinating services for survivors of domestic violence and sexual assault in Clackamas County. She is a successful grant writer and has extensive experience managing Federal and State grants.Tiffany holds a B.S.of Criminology and an Exec.,,,e Master of Public Administration. Her accomplishments include the convening of a multi-disciplinary coalition responsible for creating policy change that resulted in decreasing high risk drinking on the Clackamas River. The project received multiple awards and was recognized by the National Association of Counties for innovation that increased public safety. Tiffany is passionate about ethics in public service grounded in integrity, mutual trust relationships, accountability and transparency. Tiffany has two adult children and enjoys outdoor activities with her husband and 2 dogs, including hunting, fishing and exploring the beautiful northwest mountains on ATV's. Troy Costales Troy Costales, has been the state of Oregon's Transportation Safety Division Administrator and Governor's Highway Safety Representative since 1997. He has over 28 years of experience in Transportation Safety, including 19 as the Administrator of the Division. He is a member of the executive management team for the Oregon Department of Transportation. Mr. Costales has an Executive Master's Degree in Public Administration from Portland State University. Mr. Costales was the 2011-2012 Chairman of the Governor's Highway Safety Association. He also served on: the American Association of State Highway and Transportation Officials(AASHTO)—Standing Committee on Highway Safety,AASHTO's Strategic Highway Safety Plan initiative, NHTSA's Impaired Driving program management course writing team, Transportation Research Board's Transportation Safety Management Committee and the NCHRP Panel 17-18,and the International Association of Chiefs of Police-Drug Evaluation and Classification Program Technical Advisory Panel. Under Mr. Costales'leadership, Oregon has seen a dramatic decline in traffic fatalities and injuries,to the lowest levels since 1944.The number of individuals injured in traffic crashes has declined more than 30 percent since its peak of 39,000 in 1996. In addition, Oregon started a strong graduated driver license program that includes an incentive for driver education. Over the past thirteen years, 16- year-old drivers involved in fatal and injury crashes has declined over 50 percent. Oregon continues to post one of the highest safety belt use rates in the nation at 97 percent.With the decline in the overall fatality toll,the number of alcohol-involved fatalities has also decreased by double-digit percentages in this past decade. Mr. Costales was a member and chairman for several driver education, occupant protection and impaired driving program state assessments over the past fifteen years. Will Higlin Will Higlin is Senior Director of Licensing and Compliance for Oregon Liquor Control Commission. Will joined the Oregon Liquor Control Commission in 2014 as the Director of Liquor Licensing. In 2015, he was asked to fill in as Acting Marijuana Program Director while still serving as the Liquor Licensing Director. Based on his can-do attitude and excellent leadership skills, he was promoted to Senior Director of Licensing and Compliance in September 2015. Prior to the OLCC, he was Director of Sales for all of North America at SPIELO G2. Higlin is no stranger to state government; he has held several positions during his 15 years at the Oregon Lottery;starting as a Sales Associate and working his way up to Assistant Director of Retail Operations. After leaving the Lottery, Higlin became the Director of Regional Marketing at GTECH Corporation before being promoted to Senior Director of Sales for the startup, GTECH Printing Corporation. Higlin holds a Bachelor's of Science degree in Business Education from Oregon State University. He lives in Salem with his wife Patty where they raised three daughters. As a family they continue to cheer on their favorite team-the OSU Beavers. Thank,you Presenters, Panelists, Moderators and Honored Quests tor„your support o6 CLEAR Alliance's 2016 Oregon Drug Education Conference Special Traits and Acknoole4ements 2016 Presenters/Panelists: Bob Doyle, Colorado Gary Thompson, Oregon Chris Gibson, Oregon-Idaho George Endicott, Oregon Chuck Hayes, Oregon Glenn Davis, Colorado Dale Quigley, Colorado Jermaine Galloway, Idaho Daniel Estes, Oregon Jo McGuire, Colorado Darrin Grondel,Washington John Redman, California Deena Ryerson, Oregon Karen Girard, Oregon Derek Franklin,Washington Karen Williams,Texas Dr. Darryl Inaba, Oregon Michael lwai, Oregon Dr. David Rosenberg, Oregon Ray Cuellar, Oregon Dr. Emily Osborn, Oregon Robert Hayes, Oregon Dr. Gillian Salton,Oregon Sandy Giffin, Oregon Dr. Marc Gonzalez, California Sheriff Shane Nelson, Deschutes Oregon Dr. Pamela Tornay, Oregon Sheriff Tom Bergin, Clatsop Oregon Ed Shemelya, Kentucky Steve Freng,Washington Eric Martin, Oregon Teen Panel, Lines for Life Evan Sether, Oregon Troy Costales, Oregon Will Higlin, Oregon Moderators: Janelle Lawrence,Oregon Julie Spackman, Oregon John Redman, California Marie Watkins, Oregon Exhibitors: ACCBO Lines for Life AirLink Oregon Impact Alcohol Detection Systems The Truth About Drugs CLEAR Alliance CNS Productions, Inc. CLEAR Alliance Board of Directors Board President: Gary Thompson, Oregon Circuit Court Judge(Ret.) Board Vice-President: John Trumbo, Umatilla County Sheriff(Ret.) Board Director: Connie Ramaekers, Prevention Specialist(Ret.) Board Director: Dr. David Rosenberg, Emergency Medicine Physician Board Director: Michael Iwai, Oregon State Police Officers Association 2016 Oregon Drug Education Conference Planning Committee&Volunteers Conference Chair: Mandi Puckett Planning Committee: Belinda Ballah, Chris Gibson, Cindy Brockett, Connie Ramaekers Dr. David Rosenberg, Gary Thompson, John Trumbo, Maggie Heising, Marie Watkins,Tiffany Hicks Volunteers: Carol Trumbo, Dwight Holton, Emily Moser, George Endicott, Gene Whisnant, Hailey Heising, Janelle Lawrence, John Redman, Julie Spackman, Kathy Dent, Kathy Thompson, Marie Watkins, Melissa Trombetta, Robert Dent, Shane Nelson, Tammy Baney 2016 Charity Golf Tournament Planning Committee&Volunteers Golf Tournament Chair: Maggie Heising Belinda Ballah, Cindy Brockett,Janelle Lawrence, Mandi Puckett, Michael Iwai Volunteers: Belinda Ballah,Janelle Lawrence, Kerry Mawdsley, Rebecca Timms, Sandra Miller, Shelley Lewis-Leader,Victor Martin Prizes: CL Printing Alliance Professionals Shield Prevention Concepts Dr. Darry Inaba&CNS Productions Maggie Heising Dr. Hugh Adair Juniper Golf Course Dr. Edward"Butch" Palmer Crooked River Ranch Golf Course Oregon Safety Solutions Eagle Crest Resort 111" Spon SoFS iroAll ; ) i - . ' 1441, 'Mb !tklr leomuff tw' mom i`, rte- .s h � Mli Y Madras,OR (541)475-2238' www ggruner corn 1 H i m 1t 04£60 't.,ge ehough ro senee vou.. 501.11 enough to cont' a r . COEP Oregon Central Oregon Department Emergency Physicians of Transportation , G"'N ii& -.IF hpN A RC"' .� to� • .' . ont• A THE HEAT AirLink jz �� / o Critical Care Transport y pc O EP `ti' Oregon State Police Officers'Association FA. 7ENT ASS"' el 0:14 EAGLE CRESTR` -6,:7i3 ...A l i d. .41°11111111‘ K_ E S 0 R T You,contributions to the success ojf our iipst State Oo4eFenee aye Yep, mach appi+eeiatedi clearalliance Thawkpa Spoilistvisl Children Learning through Education And Research Copyright C 2015 by Clear Alliance Marijuana Edibles 4 . , ,, ..4.047-4,1v4,_ . _, 't •. _.r.,_ . i. - : ittsfl-,' I ..---- • -AI;, . WHAT ARE MARIJUANA EDIBLES? t Marijuana edibles are THC-infused food and drink products. THC stands for delta-9-tetrahydrocannabinol, and is the mind-altering ingredient in marijuana that gives the user the intoxication "high".1 WHAT DO MARIJUANA EDIBLES LOOK LIKE? I , ,...., Chocolate bars, hard candy, lollipops, gummy bears, cotton candy, Lbreakfast cereals, cookies, brownies, other baked goods, ice cream, soda pop, fruit drinks, and more. .r . ,, IS MARIJUANA MORE POTENT THAN IT USE TO BE? . Yes. In the 70s, the THC potency in marijuana was approximately 1-3%. In recent years, samples tested from law enforcement seizures have ranged approximately 12-37% THC, which is an increase of 300-800%.2 Marijuana edibles are often marketed to contain even higher levels of THC.3 / I WHAT IS THE EFFECT OF EATING MARIJUANA VERSUS SMOKING IT? }t:.,(,,,,,; It only takes seconds to feel the effects of smoking marijuana and it takes an 1\� I��j hour or more to feel the effects of eating it. This is why people often end up eating more when they don't "feel high". Smoking marijuana delivers about 5mg Ihirof THC in one puff. If you ate 10 gummy bears, and each one is 10mg of THC, it would be like taking 20 hits of a marijuana cigarette at one time.4 IS EATING MARIJUANA SAFE? t-- Eating, smoking, dabbing, and/or vaporizing marijuana are all harmful to health, just in different ways. There is no approved dosage for marijuana.4 CAN PEOPLE GET SICK OR DIE AFTER EATING MARIJUANA? _ More research is needed to determine the risks associated with eating , i t marijuana. However, several reported incidents have connected eating marijuana with hallucinations, difficulty breathing, varying levels of paralysis, suicide and homicide.5 CAN ANIMALS GET SICK OR DIE AFTER EATING MARIJUANA? Yes.6 ARE MARIJUANA PRODUCTS PACKAGED „ WITH HEALTH WARNINGS? ,tr , Ivo., Unlike tobacco, marijuana products are not rckii required to have printed health warnings.' 111111 HOW CAN I TELL IF IT'S MARIJUANA? clearalliance Read all packaging carefully. If a marijuana Children learning through LducaOon And Research edible is outside the packaging it can be very difficult to tell the difference. When in doubt, Want to add your logo?Please visit: only consume a product you know to be safe.' www•ClearAlliance.org Clear Mir,d. Cleat Learnlnc Citations and References Marijuana Edibles Educational Flyer by Clear Alliance Published:May 22,2015(Updated: November 2,2015) 1: NIH National Institute on Drug Abuse,Drug Facts:Marijuana,Revised April 2015 http://www.drugabuse.gov/publications/drugfacts/marijuana 2: Journal of Forensic Sciences,September 2010,http://home.olemiss.edu/—suman/potancy%20paper%2020I0.pdf Politifact,Heidi Heilman,March 2014,http://www.politifact.com/rhode-island/statements/2014/mar/30/heidi- heilman/marijuana-legalization-opponent-heidi-heilman-says/ 3: University of Mississippi,May 2009,http://news.olemiss.edu/marijuanapotency051409/ PBS News,Is Pot Getting More Potent,April 2 2014, http://www.pbs.org/newshour/updates/pot-getting-potent/ 4: NIDA for Teens,Marijuana"Edibles"Make Candy Complicated,November 10 2014, http://teens.drugabuse.gov/blog/post/marijuana-edibles-make-candy-complicated 5: News reports: NY Times:Maureen Dowd,June 2014:http://www.nytimes.com/2014/06/04/opinion/dowd-dont-harsh-our-mellow- dude.html?_r=0 USA Today,April 2014: Levi Thamba Pongi:http://www.usatoday.com/story/news/nation/2014/04/02/marijuana-pot- edible-death-colorado-denver/7220685/ CBS News,August 2014:Richard Kirk&Kristine Kirk: http://www.cbsnews.com/news/man-who-ate-pot-candy-must- stand-trial-in-wifes-killing/ KTVZ News,January 2015: Sunriver Oregon:http://www.ktvz.com/news/sunriver-pd-visitor-falls-ill-from-potlaced- gummies/30832032 KDVR News,March 2015:Danieel Buchanan:http://kdvr.com/2015/03/13/brooklyn-teenager-partially-paralyzed-after- eating-pot-brownie/ CBS News,March 2015:Luke Goodman: http://denver.cbslocal.com/2015/03/25/marijuana-edibles-blamed-for-keystone- death/ The Marijuana Report,August 2015: http://themarijuanareport.org/category/marijuanaoverdoses/ Philly.com,The Lows of Edible Marijuana,August 2015,http://www.philly.com/philly/blogs/healthy_kids/The-lows-of- edible-marij uana.html 6: ABC News: Colorado vets warn of marijuana edible threat to pets,February 27 2014 http://abcnews.go.com/US/colo-vets-warn-edible-marijuana-threat-dogs/story?id=22701750 Denver Post: Colorado veterinarian clinics see increase in dogs ingesting marijuana,April 24 2013 http://www.denverpost.com/news/ci 23095971/colorado-veterinary-clinics-see-increase-dogs-ingesting-marijuana 7: Children Learning through Education and Research Alliance,Inc. (CLEAR Alliance)October 2015 www.ClearAlliance.org • AGENDA ITEM NO. 2C- CITIZEN COMMUNICATION DATE: July 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: Also, please spell your name as it sounds, if it will ,N1/ help the presiding officer pronounce: \(� U bT'' Address N� y " 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. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 160712.doc SUPPLEMENTAL PACKET City Council Update July 2016 FOR Chamber Update (DATE OF MEETING) Leadership Tigard-Now accepting applications. -The Leadership Tigard program is designed to educate and inspire rising adult leaders to participate in the life of our Tigard community. Building Leaders. Growing Community. Learn more at http://www.tigardchamber.org/content/leadership-tigard Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.-Weekly 7/14/16-Hosted by Party Fair at their location 7/21/16- Hosted by the Filling Station at their location 7/28/16- Hosted by Center Street Gold &Silver at the Fit Academy 8/4/16- Hosted by Leadership Tigard @ the Tigard Chamber Other • 7/13/16-8 a.m.-TYP Breakfast of Champions-Small Business Sales Strategies @ Broadway Rose - Free to members, $10 all other attendees, open to anyone. • 7/15/16-7:30 a.m.-Direct Buy Portland Multi Chamber Networking • 7/19/16-8 a.m.-Home, Garden & Design referrals group hosted at TBD • 7/19/16-5-6:30 p.m.-G.E.T. Connected After Hours Networking @ the Broadway Rose Check our event calendar at http://business.tigardchamber.org/events/calendar/for details follow us on Twitter @tigardchamber Tigard Farmers Market Update • Reminder Oregon Trail, EBT and SNAP cards can be used at the Tigard Farmers Market. Through the Double Up Food Bucks program (DUFB) EBT/SNAP users can receive a match of up to $10/day • Sprouts Community garden has vegetables ready to harvest, kids and parents need to come check on their plants. • Over$70,000 in products have been purchased from market vendors at the Tigard Farmers Market in the last 11 weeks! Dollars staying local! • Follow us on Facebook at tigardfarmersmarket and on Twitter @tigardfarmers TDA Downtown Updates • Street Fair is Sat. 9/10/16-11 a.m.-5 p.m. Save the date for this expanded program that includes a Fun Run, Bike Ride, Latin Festival and more made possible by expanded partnerships with the TDA Find us on Facebook at exploredowntowntigard and at www.exploredowntowntigard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard 1. \r- Tigard! TI GA R D FEERS tlgardyoungproFF > on, s MARKET DOWN"[Ir°� \ Tigard CHAMBER OF COMMERCE (:R[/N'.(;\illf R./:lei. Tle'+', connect coll.<1collabocal. cIMnb. AIS-2770 3. A. Business Meeting Meeting Date: 07/12/2016 Length (in minutes): Consent Item Agenda Title: RECEIVE AND FILE:THREE-MONTH COUNCIL CALENDAR AND TENTATIVE AGENDA Submitted By: Carol Krager,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 ! m.._,,..,«-.x:,..........,......:,....,msµ......... ... _... k Attachments Three-month Council Meeting Calendar Tentative Council Meeting Agenda 1111 • MEMORANDUM TIGARD TO: Honorable Mayor& City Council/City Center Development Agency Board FROM: Carol A. Kroger, City Recorder RE: Three-Month Council/CCDA Meeting Calendar DATE: July 5, 2016 July 5 Tuesday CCDA Meeting—CANCELLED 12* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 19* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 26* Tuesday Council Business Meeting—6:30 p.m.,Town Hall August 2 Tuesday CCDA Meeting—CANCELLED,National Night Out 9* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 11 Thursday Council Summer Outreach—6-8 p.m.,Cook Park,Bishop-Scheckla Pavilion 16* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 23* Tuesday Council Business Meeting—CANCET.T.ED September 6 Tuesday CCDA Meeting—6:30 p.m.,Town Hall 13* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 20* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 27* 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 11 Special Meeting Fi Consent Agenda ❑ Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 7/5/2016 4:38 PM - Updated Form Meeting Submitted Meeting Inbox or Title Department # Date By Tvn FinFri7nri I i 2616 07/05/2016 Carol Krager AAA [July 5, 2016 CCDA Meeting CANCELLED Central 03/21/2016 Services I � 2617 07/12/2016 Carol Krager AAA July 12, 2016 Council Business Meeting Central 03/21/2016 COUNCILORS GOODHOUSE AND SNIDER ABSENT Services CITY MANAGER WINE ABSENT I � 2679 07/12/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central 04/15/2016 Services 2734 07/12/2016 John ACCSTUDY 15 Minutes - Proposed Sanitary Sewer Administrative Rule Public Works 07/05/2016 Goodrich 12.01.080-XX-01 2755 07/12/2016 Judy ACCSTUDY 10 Minutes - Briefing on a New Franchise Agreement with Zayo Public Works 07/05/2016 Lawhead Group LLC Total Time: 40 of 45 Minutes Scheduled 2719 07/12/2016 Lina Smith CCBSNS 1 10 Minutes - Quasi-Judicial Public Hearing Zeider Annexation Community 07/05/2016 (ZCA2016-00002) Development 2524 07/12/2016 Carol Krager CCBSNS 2 20 Minutes - LCRB Contract Placeholder Central Barrett J, Sr Services Mgmt Analyst 2592 07/12/2016 Norma Alley CCBSNS 3 25 Minutes - Discussion on Gas Tax Measure for November Finance and MartyW, City 2016 Ballot Information Manager Services 2724 07/12/2016 Carol Krager CCBSNS 4 25 Minutes - Discussion on Marijuana Tax Measure for City 07/05/2016 November 2016 Ballot Management Total Time: 80 of 100 Minutes Scheduled 1 I Pagc is\adm\carol\tentatv ag\2016\july 5, 2016.docx :Meering Banner 0 Business Meeting 0 Study Session Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting 0 CCD.A Meeting City Council Tentative Agenda 7/5/2016 4:38 PM - Updated 2651 07/19/2016 Carol Krager AAA July 19, 2016 Workshop Meeting Central 03/21/2016 COUNCILOR HENDERSON ABSENT Services i I 2619 07/26/2016 Carol Krager AAA July 26, 2016 Council Business Meeting Central 03/21/2016 COUNCILOR HENDERSON ABSENT Services , i I 2680 07/26/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central 04/15/2016 Services 2389 07/26/2016 Judy ACCSTUDY 10 Minutes - Briefing on an IGA with ODOT for Design and Public Works Faha L, City Lawhead Construction of New Sections of Fanno Cr. Trail Engineer 2587 07/26/2016 Judy ACCSTUDY 15 Minutes - Briefing on Capital Improvement Plan (CIP) Projects Public Works Faha L, City Lawhead Engineer 2761 07/26/2016 Steve Martin ACCSTUDY 5 Minutes - Discussion of National Water Trail Designation for the Public Works Martin S, Tualatin River Division Manger 2740 07/26/2016 Sean Farrelly CCBSNS 1 5 Minutes - Resolution Authorizing Metro Equitable Housing Community Farrelly S, Planning and Development Grant Application Development Redev Project Manager 2696 07/26/2016 Carol Krager CCBSNS 2 30 Minutes - PUBLIC HEARING: Consideration of Resolution for Finance and Fitzpatrick C, Gas Tax Information Asst Fin Dir Services 2728 07/26/2016 Carol Krager CCBSNS 3 20 Minutes City Hearing: Consideration of Resolution to Newton L, Asst Place a Marijuana Tax on the November 2016 Ballot Management City Manager 2703 07/26/2016 Lloyd Purdy CCBSNS 4 15 Minutes - Resolution of Necessity: Hunziker Infrastructure Community Purdy, L, Econ Development Dev. Mgr 2698 07/26/2016 Lloyd Purdy CCBSNS 5 5 Minutes - Hold for Scheduling - Grant Award Authorization Community Krager, C, Development City Recorder J Total Time: 75 of 100 Minutes Scheduled 2620 08/02/2016 Carol Krager AAA August 2, 2016 CCDA Meeting CANCELLED Central 03/21/2016 NATIONAL NIGHT OUT Services 2 I I' is\adm\carol\tentatv ag\2016\july 5, 2016.docx Meeting Banner 0 Business Meeting 0 Study Session Ei Special Meeting 0 Consent agenda 0 Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 7/5/2016 4:38 PM - Updated 2621 08/09/2016 Carol Krager AAA August 9, 2016 Business Meeting Central 03/21/2016 Services F � 2681 08/09/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central 04/15/2016 Services 2555 08/09/2016 Lloyd Purdy ACCSTUDY 15 Minutes - (Hold for Scheduling) Development Agreement Community Purdy, L, Econ Hunziker Infrastructure Development Development Mgr 2747 08/09/2016 Kent Wyatt ACCSTUDY 10 Minutes - Discuss Options for Advocating Tigard's Federal Central Wyatt K, Legislative Priorities Services City Management Management Analyst 2750 08/09/2016 Judy ACCSTUDY 15 Minutes - Briefing on Tigard Participation in Waluga Reservoir Public Works Koellermeier D, Lawhead Roof Repair Expenses Lot Water Proj Coord 2390 08/09/2016 Judy CCBSNS 1 5 Minutes - Consider Authorizing the City Manager to Sign an Public Works McCarthy M, Lawhead IGA with ODOT for Design and Construction of New Sections of St/Trans Sr the Fanno Creek Trail Proj Eng 2756 08/09/2016 Judy CCBSNS 2 20 Minutes - Establish a Franchise Agreement with Zayo Group Public Works Rager B, PW Lawhead LLC Director 2762 08/09/2016 Steve Martin CCBSNS 3 5 Minutes - Shall Council Approve a Resolution Supporting a Public Works Martin S, National Water Trail Designation for the Tualatin River Div.Manager 2613 08/09/2016 Cheryl CCBSNS 4 40 Minutes - Quasi-Judicial Public Hearing Craig Annexation & Community Caines C, Assoc Caines Comp Plan Amendment - ZCA2016-00001 & CPA2016-00001 Development Planner 2737 08/09/2016 Carissa CCBSNS 5 15 Minutes - FY 2017 First Quarter Budget Supplemental Finance and Collins C, Sr Collins Info Services Mgmt Analyst Total Time: 90 of 100 Minutes Scheduled 08/11/2016 August 11, 2016 Council Summer Outreach Cook Park, Bishop-Scheckla Pavilion (6:00 pm - 8:00 pm) 3112,- c i:\ is\adm\carol\tentaty ag\2016\july 5, 2016.docx • Meting Banner 0 Business Meeting 0 Study Session 0 Special Meeting ❑ Consent Agenda 0 Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 7/5/2016 4:38 PM - Updated 2652 '08/16/2016 Carol Krager AAA August 16, 2016 Workshop Meeting Central 03/21/2016 Services , 2601 08/16/2016 Kent Wyatt CCWKSHOP 1 15 Minutes - Update on the Implementation of the Strategic City Wyatt K, Mgmt Plan Management Analyst 2658 08/16/2016 Kent Wyatt CCWKSHOP 2 45 Minutes - Briefing on the Council Goal of Providing City Wyatt K, Mgmt Recreational Opportunities for Tigard Residents Management,Analyst 2738 08/16/2016 Lisa Shaw CCWKSHOP 3 15 Minutes - Photo Red Light report to Council Police Shaw L, SRTS Program Coord 2585 08/16/20106 Ron Blecker CCWKSHOP 4 20 Minutes - Discussion on Proposed Changes to TMC Ch. 12 Finance Info Blecker, Ron, Services Util.Div.Supery Total Time: 95 of 180 Minutes Scheduled l � 2627 08/23/2016 Carol Krager AAA August 23, 2016 Business Meeting CANCELLED Central 03/21/2016 Services 2628 09/06/2016 Carol Krager AAA September 6, 2016 CCDA Meeting Central 03/21/2016 Services 2745 09/06/2016 Sean Farrelly CCDA 1 45 Minutes - Joint Meeting with CCAC Community Farelly S, Development Redev Proj Mgr 2701 09/06/2016 Sean Farrelly CCDA 2 20 Minutes - Update on Main Street/Fanno Creek (Saxony) Site Community Farrelly S, Redevelopment Study Development'Redev Proj Mgr' 2702 09/06/2016 (Sean Farrelly CCDA 3 20 Minutes - Update on Downtown Urban Lofts Project (CET Community Farrelly 5, Grant) _ Development Redev Proj Mgr 2767 09/06/2016 Sean Farrelly CCDA 20 Minutes - Downtown Business Spotlight Community Farrelly S, Development Redev Proj Mgr Total Time: 105 of 180 Minutes Scheduled l _ � 2629 09/13/2016 Carol Krager AAA September 13, 2016 Business Meeting Central 03/21/2016 Services 4 I I' is\adm\carol\tentaty ag\2016\july 5, 2016.docx ' Meeting Banner ❑ 13usine \lccriny, ❑ Study Session ❑ Special \Iccring ❑ Consent Agenda 0 \leering ❑ Workshop Meeting 0 (a a:A \Iceting ❑ City Council Tentative Agenda 7/5/2016 4:38 PM - Updated I I 2683 09/13/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central 04/15/2016 Services Total Time: 15 of 45 Minutes Scheduled 2763 09/13/2016 Carol Krager CCBSNS 1 15 Minutes - Receive State of the District Presentation from Central Krager C, City TVF&R Services Recorder 2754 09/13/2016 Carol Krager CCBSNS 2 15 Minutes - Legislative Public Hearing: Consider Changes to Finance and Blecker, Ron, TMC Chapter 12 Information Util. Div. Services Supervisor 2764 09/13/2016 Gary CCBSNS 3 30 Minutes - Cemetery Setback Code Amendment Community Pagenstecher Pagenstecher Development G, Assoc Planner Total Time: 60 of 100 Minutes Scheduled 2759 09/20/2016 Carol Krager AAA September 20, 2016 Workshop Meeting Central 06/20/2016 Services 2760 09/20/2016 Kent Wyatt CCWKSHOP 60 Minutes - Discuss the City's Role in Addressing Homelessness City Wyatt K, Mgmt Management Analyst 2765 09/20/2016 Susan CCWKSHOP 50 Minutes - Tigard Triangle Strategic Plan & Urban Renewal Community Shanks S, Sr Shanks Update Development Planner 2766 09/20/2016 Sean Farrelly CCWKSHOP 10 Minutes - Discuss Adoption Process for Substantial Community Farrelly S, Amendment to Downtown City Center Urban Renewal Plan. Development Redev Proj Mgr Total Time: 120 of 180 Minutes Scheduled 2632 09/27/2016 Carol Krager AAA September 27, 2016 Business Meeting Central 03/21/2016 Services 5 I r ,t is\adm\carol\tentatv ag\2016\july 5, 2016.docx Meeting Banner a Business Meeting 0 Study Session Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting 0 CCDA Meeting City Council Tentative Agenda 7/5/2016 4:38 PM - Updated 2684 09/27/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central 04/15/2016 Services Total Time: 15 of 45 Minutes Scheduled 2697 09/27/2016 Lloyd Purdy CCBSNS 10 Minutes - (Hold for Scheduling) Connect ORVI Grant - Tigard Community Purdy, L, Econ Street Trail Development Dev Mgr 2752 09/27/2016 Agnes CCBSNS 30 Minutes - DCA2016-00002 FEMA Update and Marijuana Community Kowacz Facilities Development 2699 09/27/2016 Lloyd Purdy CCBNS 15 Minutes - (Hold for Scheduling) Development Agreement Community Lloyd, L, Econ Hunziker Infrastructure - Second Review Development Development ,Mgr Total Time: 55 of 100 Minutes Scheduled 61 Page is\adm\carol\tentaty ag\2016\july 5, 2016.docx AIS-2769 3. B. Business Meeting Meeting Date: 07/12/2016 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: •April 19, 2016 •April 26, 2016 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments April 19 2016 Minutes April 26 2016 Minutes ., City of Tigard Tigard Workshop Meeting Minutes TIGARD April 19, 2016 WORKSHOP MEETING 1. A. At 6:30 p.m. Mayor Cook called the City Council workshop meeting to order. B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Mayor Cook V Councilor Henderson ✓ Councilor Goodhouse ✓ C. Mayor Cook asked those attending to stand with him for the Pledge of Allegiance. D. Mayor Cook called for any non agenda items from council and staff. There were none. 2. JOINT MEETING WITH LIBRARY BOARD Library Director Barnes introduced this item and was joined by Library Board Vice Chair Katie Harris,and members Linda Monahan,Becky Gauthier and Cole Webber. Vice Chair Harris said the library is a core service and should be a budget priority for the city. The library serves the educational,recreational and cultural needs of the entire community. This department serves children,youth, seniors, the business community and the marginalized more than any other city service and as such, should be a priority. Board Member Gauthier said the library is a hub for connecting with the city's vision. Board Member Cole noted that the library has seen reduced funding since 2010 and the board believes that the budget should not only be restored,but sustained. With passage of the WCCLS levy and funding from the city the library was able to reopen on Thursdays but with limited programs. She said the Library Board encourages supporting the library's budget so it can once again be a full service library like all the other city libraries in Washington County. Board Member Monahan urged the council to restore funding for full service library programming. She said the Library Board understands Tigard's fiscal situation and that there is not enough general fund money to support all city services and the council goals. Ms. Monahan said if the city elects to go for a local option tax levy, support from library patrons is needed. She suggested that instead of reducing services to demonstrate need the city should galvanize support for the great service the library offers. TIGARD CITY COUNCIL MINUTES -APRIL 19, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 1 of 7 In response to a question from Councilor Woodard about what additional resources were needed for Thursdays,library Director Barnes replied that two options for library funding were presented to the Budget Committee last budget season and the option chosen provided limited Thursday hours without full restoration of all operational needs. Expanding this would include the possibility of actual programs on Thursdays and staffing beyond the level of a skeletal crew. Council President Snider asked what is not getting done and Vice Chair Harris said there is just basic circulation, checking materials in and out,but no reference service, technical service, collection development, literacy programming, or youth and senior programming. Library Director Barnes confirmed for Council President Snider that there is limited reference desk service on Thursdays but there are many gaps in scheduling. He said that translates into longer waiting time for patrons,not having technical resources to answer questions and slower return of material to shelves. Councilor Woodard said one measurement is circulation and asked for the numbers for Thursdays and the rest of the week.Library Director Barnes said it is too soon after reopening on Thursdays to have that data. Councilor Woodard said he would like to see those numbers and asked if some processes could be done through the cloud. City Manager Wine said the Budget Committee will be hearing about choices and Library Director Barnes has prepared a white paper. Mayor Cook asked about their support for a local option levy and Ms. Monahan said they understand that the city does not have money in the general fund to do everything and cannot raise the property tax. She reiterated that library patrons vote and if the city provides visible,good service they will be more supportive than if services are reduced. Mayor Cook noted that a local option levy would be packaged with library,public safety or parks and if it is too specific,you lose groups that support one but not the other. If too many services are included the amount is too high. However, he agreed that the library should be part of a future local options levy. Citizens want that but they also want police and parks. He said, "I think they pass when citizens come out and say 'we want this. Join me to get that.'" 3. RECEIVE UPDATE ON SAFE ROUTES TO SCHOOL Safe Routes to School Program Coordinator Hormann gave the staff report and presented a PowerPoint. She was joined by Lenora Garcia, a Tigard parent with children in elementary and middle school who shared her experience with the SRTS program. Ms. Hormann said bike safety education got assistance from a Jump Start grant with the Tigard Tualatin School District and the Bicycle Transportation Alliance. Teachers were trained in bicycle safety in March. Bicycles were obtained and given to Twality Middle School and will be going next to Metzger Elementary and then Fowler Middle School. Efforts were made to get parents excited about the national bike and walk to school event in May and some schools have since begun recurring events. Templeton Elementary has designated the first Wednesday of each month as a walk or bike to school day. Parents made signs encouraging children and their parents to make this a regular practice. Mary Woodward Elementary Principal Nihill started a weekly Walking Wednesday and is in the process of setting up a meeting spot because of the irregularities in their school's border. TIGARD CITY COUNCIL MINUTES -APRIL 19, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Page 2 of 7 The schools are working on their Action Plans,which include lists of concerns,infrastructure recommendations and programmatic strategies. Templeton Elementary has adopted theirs and there will be two or three more completed by the end of the school year. Ms. Hormann said two signalized crossings on Durham Road have been adjusted. Pedestrians now have a five-second head start before the vehicle signal turns green. She said these are low cost implementations and studies show they reduce pedestrian/vehicle accidents by 60 percent. A no parking zone was created near Mary Woodward at Katherine Street. Mary Woodward Elementary Principal Nihill reported that busses could not get through because of all the parents picking up and dropping off children. City and school district staff,including police traffic officers, observed the bottleneck and concluded that there was no reason not to block the area from parking as it did not front any homes and was not really wide enough to accommodate busses and parked cars. Now the crosswalk there is much more visible and the busses are getting through. A LQC project near Metzger Elementary called the Lincoln Street Trail, connects Lincoln Street with Oak Street. When the weather dries out Streets Division staff will clear the trail of brush and create a trail on the higher side out of the boggy area.This improved trail will hopefully draw parents and children away from using the nearby Lincoln Center driveway,a very active driveway not safe for children to be walking around. Ms. Hormann showed a graph of concerns identified by parents of elementary school age children. While the time savings and convenience of driving their kids to school is important to them,what always rises to the top are infrastructure concerns such as sidewalks and safe crossings. Parent Lenore Garcia shared her experience trying to walk with her children to school. She said many parents share her concerns. Their top two concerns are safe crossings and intersections and the amount of traffic along the walking route. She told council that most week days between 7-9 a.m. and 2-4 p.m. traffic is in total chaos. She said 32 percent of children attending Templeton Elementary are driven by parents and these cars are rushing along roads without bike lanes and sidewalks where children are trying to bike and walk to and from school. Car traffic at Murdock Street is often backed up from 97th Avenue to 98th Avenues. She described how her youngest son fell into one of the ditches on Murdock Street between 98th and 100th Avenues while dodging a car that approached very close to them as they walked. Ms. Garcia noted that 144 families walked to school safely on Walk or Bike to School Day. This was due to the collective efforts of crossing guards,volunteers and designated walking areas. She asked council to imagine the impact that even half of those 144 families walking to school would have. She said children would be safer and healthier and there would be improved traffic flow. She said while improvements have happened in the downtown and other parts of the city,Templeton Elementary students are facing hazards walking to school every day. Children are excited about walking or biking to school but these unsafe conditions make parents hesitant. Councilor Goodhouse said he lives near Templeton and Twality and commented that many parents drive their kids to school in the morning but are more likely to walk in the afternoon. More sidewalks are needed and this is why he supports a sidewalk gap program. Councilor Woodard said Ms. Hormann and the community have done a great job. He said much work needs to be done to create safer routes and the city is chipping away at it. He thanked Ms. Garcia for coming forward to express her concerns. Councilor Henderson asked about using school assemblies to get the word out and Ms. Hormann said some schools have already planned assemblies promoting the May 4 TIGARD CITY COUNCIL MINUTES -APRIL 19, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 3 of 7 Youth Bike Fair and walking to school and she is meeting with the school district to discuss how to integrate this into the curriculum. Mayor Cook thanked her for kick starting the program. 4. CONSIDERATION OF THE FORMATION OF A TIGARD TRIANGLE CITIZEN ADVISORY COUNCIL Community Development Director Asher and Senior Planner Shanks briefed council on the formation of a new citizen advisory council (CAC) for the Tigard Triangle urban renewal plan. This is a two-step process with one resolution to form the committee and another to appoint members. The Metro grant requires citizen outreach and to reach a broad number of citizens, staff publicized this volunteer opportunity through Cityscape and on the website. Ms. Shanks said staff also gave presentations to all city standing committees and a representative from each stepped up to be on this ad hoc CAC except the Parks and Recreation Board (PRAB). Four citizens also volunteered to be on the CAC,including an architect, a planner (Tigard resident who works at another city) a Tigard Triangle property owner and a housing advocate.There will also be a technical advisory committee (TAC) formed that will include representatives from the taxing districts that would be impacted by urban renewal. She said everyone was interested but she did not hear from the Lake Oswego business community. City of Lake Oswego staff said they did not have time to serve on the committee at this time. Councilor Woodard expressed disappointment that no one from PRAB volunteered. He said the TTAC or Bicycle and Pedestrian Subcommittee representative may be able to share the vision on walkability,pathways, space activation and recreational activities. Senior Planner Shanks said she would work extra hard to make sure there is no gap and these things do not get lost in the conversation. She said they are aware of the need for parks in the Triangle. Mayor Cook asked some questions about the composition of the CAC and commented that SW Portland neighborhood representatives were included in SW Corridor meetings and gave input on how they drive to work or shop in Tigard and he suggested the Lake Oswego neighborhoods across the freeway from this project be represented. Senior Planner Shanks said she will reach out to Lake Oswego neighborhood associations. Mayor Cook noted that the Tigard Youth Advisory Council representative will graduate soon and asked if another member of the TYAC will join to complete his term. Community Development Director Asher said the youth position could be created without a name and members can be identified in a later resolution. Councilor Henderson mentioned previous service on a task force that explored securing financing for urban renewal for the downtown and asked about this process for the Triangle. Community Development Director Asher said the city needs to study what is necessary or desirable in the Tigard Triangle. He said they want committees that have interest in the Triangle and want to look at streetscape standards, code revision and urban renewal. The study is all part of the Metro grant award. The urban renewal plan will be prepared by fall and council will discuss when to place it to a vote. Metro agrees that the Triangle is a great candidate for urban renewal. He said the only reason to create an urban renewal area is to get the authority to do tax increment financing. The city's Charter requires a public vote if tax increment financing will be used and there be a separate urban renewal committee. He said we will learn many of our needs during this study. Senior Planner Shanks said there will be a project list produced at minimum,which will fulfill the Metro grant TIGARD CITY COUNCIL MINUTES -APRIL 19, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Page 4 of 7 requirements. The resolutions establishing the CAC and appointing members will be scheduled for the April 26,2016 council business meeting agenda. 5. RECEIVE A BRIEFING ON THE METZGER ELEMENTARY SCHOOL PARK PROJECT Assistant Planner Smith and Community Development Director Asher presented this item and showed slides of ideas for a new community park drawn by students at Metzger Elementary.The city and Tigard-Tualatin School District have joined together through an intergovernmental agreement to allow the fields at Metzger Elementary to be a used for a community park outside of school hours. Since the school is in a diverse neighborhood,an RFP was issued for a consultant team with multi-cultural experience. The contract was awarded to Verde,working with the Multicultural Collaborative and ESA Vigil-Agrimis. Planning has begun and student illustrations and ideas for the park are posted on the city's website. Site analysis and outreach will continue in May. The consultant team's approach is "focused on inclusivity, social enterprise and advocacy for community members." Community Development Director Asher said this type of park planning is not the city's usual process. The consultant team wants to find out from the community what their needs are. He said the consultant will set up office hours at the school,go door to door in the neighborhood and produce materials in English and Spanish. They will also work with Supafresh and their constituents. He said this will not be done through a traditional committee and Verde's model is to empower citizens to design community parks through grass roots efforts. Councilor Woodard asked if there would be all-day park use and Mr.Asher replied that non-school hours are for public use, and it is not uncommon for schools to share their space with the public. He commented that the more use it gets the safer the space will be. Councilor Woodard asked what the maintenance costs were and if they needed to be added to the budgeting process. Public Works Director Rager said they will need to be factored into the budget. The ball field and garden will remain. Community Development Director Asher said staff will keep council informed on progress. 6. DISCUSSION ON RIVER TERRACE AND CITY-WIDE SANITARY SEWER SURCHARGE FEES Finance and Information Services Director LaFrance,Public Works Director Rager and City Engineer Faha presented this agenda item seeking direction from council on whether or not River Terrace and citywide sanitary sewer surcharge fees should be added to the Master Fees and Charges Schedule during the 2017 budget committee discussions. Mr. LaFrance said of any of the fees the most urgent is the sewer surcharge. Council will be considering a budget in the next few weeks and the forecast is that most funds are keeping positive balances. However,the sewer fund is in dire need and will be negative within two years without some changes. Mr.LaFrance said Clean Water Services (CWS) sets rates and the cities' shares. For every dollar citizens pay, $0.84 goes to CWS and$0.16 goes to Tigard. Of the$0.16,$0.05 goes to the general fund and $0.11 goes to the sewer fund towards operational/maintenance costs of the sewer system and capital improvements. Tigard and other cities are allowed to charge utility districts a franchise fee. Tigard is the only city within CWS boundaries that does not charge a sewer surcharge. A TIGARD CITY COUNCIL MINUTES -APRIL 19, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 5 of 7 franchise fee cannot come out of the$.0.84 cents paid to CWS but it could be applied against the $0.16 cents,putting more like$0.14-$0.15 into the sewer fund. Council directed staff to go to CWS and dialog for a franchise fee and a lower surcharge. City Manager Wine and Finance and Information Services Director LaFrance have been working with them for the past year. There should be a decision that leads to CWS paying their fair share of the franchise fee but this will take time and the city's sewer system does not have time. He said the city contracted with FCS Group to perform a sewer rate analysis to determine how much additional revenue would adequately fund sewer services and capital. A copy of the Sanitary Sewer Infrastructure Financing Services—Tigard Sewer Surcharge Draft Report was included in the packet for this meeting. Mayor Cook asked if Tigard is the only city without a franchise and Mr. LaFrance said that was true. All of the other cities in the CWS area have a franchise fee. He verified that city managers and finance managers in the district have been meeting and a smaller group will go to CWS to discuss it with them. Mayor Cook noted that Tigard is not the only city in this situation and unlike some fees, which address wants, this is going towards a dire need. He said it is not last minute and council and staff saw this coming. City Manager Wine said the health of the system is important. The city has been deferring sewer projects for some time. In response to a question from Council President Snider on whether CWS sets rates for the entire district,Mr. LaFrance said there is a possibility of a city rate and an unincorporated rate. All cities will have a franchise fee but someone in an unincorporated area would not be paying a city franchise fee. Public Works Director Rager said like a street maintenance fee which extends the life of streets, there is money placed in the budget every year for emergency broken water mains or sewer segments. He said the city is keeping up with mandates to video inside the storm and sewer lines so needs are known already. There are sewer lines in creeks because that was how it was done in the past. In response to a question from Councilor Henderson he said he did not know if this would be enough money but it is a big step in the right direction. Councilor Henderson said people think sewer lines should last forever but he just had to spend a lot of money for a cast iron pipe breaking in his basement. He said he wants a sustainable program ensuring a healthy system for future generations. City Engineer Faha said the city is due for a sewer master plan update but in the meantime there is a list of projects that keep getting pulled out of the budget including exposed sewer lines and old pipelines filling with grease due to bad past practices. The system is aging. Mayor Cook, Councilor Woodard and Council President Snider expressed preference for scenario #2 for the Citywide Sewer Surcharge which will help with Tigard's sewer infrastructure needs. $2.07 will be added to citywide utility bills. Council President Snider recommended simply calling the fee a "sewer fee." Finance and Information Services Director LaFrance discussed the River Terrace Parks, Stormwater and Transportation fees. In previous discussions council made the decision not to implement a TIGARD CITY COUNCIL MINUTES -APRIL 19, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 6 of 7 River Terrace Parks Fee due to park financing decisions. Council approved a River Terrace Transportation Utility fee currently set at$5. City Engineer Faha said stormwater plans in place for River Terrace have been changing. The big pipe on south River Terrace will not be built. Developers are putting in additional smaller sites. A $12.00 per month River Terrace stormwater charge has been recommended but will not be implemented yet because the stormwater facilities developers are putting in have a three-year warranty. This reason and the fact that the city is also doing a stormwater master plan will buy time to determine an appropriate stormwater fee. Mayor Cook asked if there is a way to give home buyers notice that this $12 fee might be implemented at a future date. Council President Snider asked if it could be added to a covenants, codes and restrictions document. Public Works Director Rager said the city cannot enforce CCRs. Councilor Goodhouse agreed that people need to know what these fees are before they make the decision to buy a home. 7. NON AGENDA ITEMS None 8. EXECUTIVE SESSION At 8:43 p.m. Mayor Cook announced that the Tigard City Council was entering into Executive Session to discuss property acquisition and exempt public records under ORS 192.660 (2) (e) and (f) and they would adjourn from the Red Rock Creek Conference Room immediately after the Executive Session. 9. ADJOURNMENT At 10:02 p.m. Council President Snider moved for adjournment. Councilor Goodhouse seconded the motion and all voted in favor. Yes No Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Henderson ✓ Councilor Goodhouse ✓ Carol A. Krager,City Recorder Attest: John L. Cook, Mayor Date TIGARD CITY COUNCIL MINUTES-APRIL 19, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 7 of 7 114 City of Tigard Tigard City Council Meeting Minutes TIGARD April 26, 2016 STUDY SESSION—6:30 p.m. Councilor Woodard, Council President Snider and Councilor Goodhouse were present. Staff present: City Manager Wine,Utility Manager Goodrich, City Engineer Faha and City Recorder Krager A. COUNCIL LIAISON REPORTS Councilor Goodhouse reported on the JPACT meeting and noted the huge turnout in support of Safe Routes to Schools. B. RECEIVE BREFING ON CAPITAL IMPROVEMENT PLAN (CIP) PROJECTS City Engineer Faha gave the the FY 2015-16 Third Quarter Project Update. Her PowerPoint showed projects divided by Parks, Streets,Water, Sanitary Sewer,Storm and Facilities. Council was briefed on issues with schedules and costs. Engineer Faha described a water line issue that was discovered during Walnut Street construction which will require replacement of 2500 linear feet of water line. She said it will cost about$600,000 and it is logical to replace this line now during the road construction. Council was reminded about Spring Council Outreach to be held on April 30, 2016 at the TVF&R Fire Station 50, 12617 SW Walnut Street, 9-11 a.m. 1. BUSINESS MEETING—April 26, 2016 CSI Iii A. At 7:30 p.m. Council President Snider called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Councilor Henderson ✓ Council President Snider V Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Council President Snider asked everyone to stand and join him in the Pledge of Allegiance. TIGARD CITY COUNCIL MINUTES -APRIL 26, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 1 of 5 D. Council President Snider asked Council and Staff for Non-Agenda Items. None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—City Manager Wine reported on concerns raised by residents on April 12 that live near 92"`'and Greenberg Road. Police staff investigated the parking issues. The street and utility pole meet city standards. The mailboxes are being blocked and need to be posted with signs. The city will stay in touch with residents to see if that solves the problem. If not, the city may consider options such as painting the curb near the mailbox to make it more noticeable as an area not to block. B. Citizen Communication—Sign-up Sheet. No one signed up to speak. 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) A. PROCLAIM CONSTRUCTION INDUSTRY SAFETY MONTH B. PROCLAIM MAY AS BIKE MONTH C. LOCAL CONTRACT REVIEW BOARD: CONSIDER AWARD OF AUDIT CONTRACT D. LOCAL CONTRACT REVIEW BOARD: CONSIDER AWARD OF STORMWATER MASTER PLAN Councilor Woodard moved to approve the Consent Agenda and Councilor Goodhouse seconded the motion. The motion to approve the Consent Agenda passed unanimously. Yes No Councilor Henderson (absent) Council President Snider ✓ Councilor Woodard ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider read the proclamation for Construction Industry Safety Week and William Kalapsa from Liberty Mutual Insurance was present to accept a signed copy. Council President Snider also proclaimed May as Bike Month and reiterated the city's commitment to biking as part of the overall walkable city vision. He noted that May 4 is Bike and Walk to School Day,May 20 is Bike to Work Day and that the recent Youth Bike Fair was well attended. TIGARD CITY COUNCIL MINUTES -APRIL 26, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 2 of 5 4. CONSIDER RESOLUTIONS TO FORM TIGARD TRIANGLE URBAN RENEWAL CITIZEN ADVISORY COUNCIL (CAC)AND APPOINT MEMBERS Senior Planner Shanks gave the staff report for this item. She said this CAC will guide the development of the Tigard Triangle Urban Renewal Plan. She pointed out that based on council recommendation she reached out to three Lake Oswego neighborhood associations that directly abut the Triangle area and she heard back from two. They are personally too busy to attend the meetings but will make the information available and will post it on the Next Door website which connects neighbors online. She also reached out to the Lake Oswego planning director but did not hear back before this meeting. Council President Snider thanked her for making those efforts. Ms. Shanks said people are interested but may not have time to attend meetings and she can keep them informed by other means. Councilor Goodhouse moved for approval of Resolution No. 16-15. Councilor Woodard seconded the motion. City Recorder Krager read the number and title of the resolution: Resolution No. 16 - 15 —A RESOLUTION ESTABLISHING A CITIZEN ADVISORY COUNCIL TO ADVISE STAFF DURING DEVELOPMENT OF THE TIGARD TRIANGLE URBAN RENEWAL PLAN Council President Snider conducted a vote and the motion passed unanimously. Yes No Councilor Henderson (absent) Council President Snider ✓ Councilor Woodard ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Councilor Woodard moved to approve Resolution No. 16-16 and his motion was seconded by Councilor Goodhouse. City Recorder Krager read the number and title of the resolution: Resolution No. 16— 16—A RESOLUTION APPOINTING MEMBERS TO THE TIGARD TRIANGLE URBAN RENEWAL PLAN CITIZEN ADVISORY COUNCIL Council President Snider conducted a vote and the motion passed unanimously. Yes No Councilor Henderson (absent) Council President Snider ✓ Councilor Woodard ✓ Mayor Cook (absent) Councilor Goodhouse ✓ TIGARD CITY COUNCIL MINUTES -APRIL 26, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 3 of 5 Council President Snider noted that members Gary Jelinek,Katen Patel,Veronica Smith and John Goodhouse were present. He thanked them for agreeing to serve and gave the citizen members a City of Tigard pin. 5. ANNUAL ARBOR DAY REPORT AND RECOGNITION OF THE CITY OF TIGARD'S ACTIVITIES AND ACCOMPLISHMENTS IN URBAN FORESTRY Public Works Confidential Executive Assistant Grass gave a presentation on Arbor Day,which in Tigard is actually Arbor Month. She presented a PowerPoint showing various activities celebrating trees in the city. The Tigard-Tualatin School District and the city joined for a tree planting by Tigard High CE2 students in Jack Park. Brian Wegener represented Oregon Community Trees and presented Tigard with a flag,stickers for the road signs and a 15-year award for being a Tree City. He commented that he is a longtime Tigard resident and is proud of the city's accomplishments including the Urban Forestry Code, Deny Dell Creek restoration and native habitat restoration at Dirksen Nature Park. He said Tigard is leading the way for other cities and pointed out that historical aerial photographs in Town Hall show evidence that Tigard's tree canopy is growing. Council President Snider thanked staff for their efforts and said it is exciting to see that while we cannot do everything we want in one year, real progress can be made over 15 years. 6. BRIEFING ON WHOLESALE WATER CONTRACT EXTENSION MEMORANDUM OF UNDERSTANDING (MOU) WITH PORTLAND WA I'ER BUREAU E! Utility Manager Goodrich introduced this item and said the city is in the final stages of completing the Lake Oswego/Tigard Water Partnership Project construction and while the project is on schedule to meet the June 30 deadline there is risk that a delay could affect when the water supply is available. Tigard has an existing contract with the City of Portland who was approached about a provisional contract if the construction schedule is impacted. Portland said when the contract ends no water would be available. Over two years of discussion with Portland led to a water contract extension but with certain provisions. One is that a request for an extension must be provided to Portland by June 15. Portland also wanted a "take and pay" contract so Tigard will need to commit to this in 30-day increments but will only pay for what is used. Councilor Woodard recollected that$86,000 was budgeted for an extension. Council President Snider noted there are contractor penalties associated with not delivering the project on time that will offset the city's water purchase costs. In response to a question from Council President Snider about the project completion timeline,Mr. Goodrich said it is anticipated that by May 7 and no later than May 23 we will have the capacity to serve water to all Tigard customers. Council President Snider reiterated that this could be approved but not needed and in that case there would be no cost. TIGARD CITY COUNCIL MINUTES -APRIL 26, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 4 of 5 Council agreed that this agreement could return for approval on the next Consent Agenda but Councilor Goodrich requested it be shared with Mayor Cook and Councilor Henderson,noting that if they have questions it may need separate consideration. City Manager Wine will brief the two absent council members. 7. NON AGENDA I l'EMS None. 8. EXECUTIVE SESSION: None held. 9. ADJOURNMENT At 8:04 p.m. Councilor Goodhouse moved for adjournment. Councilor Woodard seconded the motion.The motion passed unanimously. Yes No Councilor Henderson (absent) Council President Snider ✓ Councilor Woodard ✓ Mayor Cook (absent) Councilor Goodhouse V Carol A. Krager, City Recorder Attest: Jason Snider, Council President Date TIGARD CITY COUNCIL MINUTES -APRIL 26, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 5 of 5 AGENDA ITEM No. 4 Date: July 12, 2016 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the Tigard City Council on: CONSIDER AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING APPROXIMATELY 1.23 ACRES, APPROVING THE ZEIDER ANNEXATION (ZCA2O16-00002), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT PROPOSAL: Request to annex one (1) parcel located on the south side of SW Summit Ridge Street, approximately 1.23-acres in size, into the City of Tigard. APPLICANT: Janet K. Zeider OWNER: Same as applicant 13100 SW Summit Ridge St Tigard, OR 97224 LOCATION: 13100 SW Summit Ridge Street, Tigard, OR 97224 Tax map#: WCTM 2S109DB, Tax Lot #: 1701 APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 8.320 and 18.390, Comprehensive Plan Goal 1, Goal 11, Goal 12 and Goal 14; ORS Chapter 222; Metro Code Chapter 3.09. Due to time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No. 4 Date: July 12, 2016 PLEASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Neutral Name, Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name, Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. r Name, Address&Phone No. Name, Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Due to time Constraints City Council May Impose a Time Limit on Testimony AIS-2719 4. Business Meeting Meeting Date: 07/12/2016 Length (in minutes): 10 Minutes Agenda Title: Quasi Judicial Public Hearing Zeider Annexation (ZCA2016-00002) Prepared For: Lina Smith,Community Development Submitted By: Lina Smith,Community Development Item Type: Ordinance Meeting Type: Council Business Meeting -Main Public Hearing: Yes Publication Date: Information ISSUE Consider adoption of an ordinance to annex one (1) parcel located on the south side of SW Summit Ridge Street,approximately 1.23-acres in size,into the City of Tigard. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends City Council approve the proposed Zeider Annexation (ZCA2016-00002) by adoption of the attached ordinance. KEY FACTS AND INFORMATION SUMMARY The 1.23-acre site is located on the south side of SW Summit Ridge Street,east of SW 133rd Avenue and west of SW Oak Valley Terrace;south of the city's border with unincorporated Washington County.As defined by Washington County Land Use Districts,the property is zoned R-6 Residential,as are adjacent properties to the east and west.Adjacent properties to the north and south are located within the City of Tigard,and are zoned R-7 (Medium-Density Residential). Upon annexation,the subject property will be zoned R-7,which most closely implements Washington County's R-6 plan and zoning designation. The proposed annexation area is contiguous to Tigard city limits. Urban services are available and of sufficient capacity to serve the site. The site is within the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Urban Road Maintenance District;therefore the ordinance addresses removal from these districts. As outlined in the staff report, the proposed annexation meets the applicable requirements of the Tigard Community Development Code,Comprehensive Plan, state statutes,and Metro Code. OTHER ALTERNATIVES Adopt findings to deny the application. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Fiscal Information: N/A Attachments Ordinance Exhibit A Exhibit B Exhibit C CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2016- AN ORDINANCE ANNEXING ONE (1) PARCEL OF LAND TOTALLING APPROXIMATELY 1.23 ACRES, APPROVING THE ZEIDER ANNEXATION (ZCA2016- 00002), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed;and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw property which currently lies within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS,the Tigard City Council held a public hearing on July 12,2016,to consider the annexation of one (1) parcel Washington County Tax Map (WCTM) 2S109DB, Tax Lot 1701 of land located on SW Summit Ridge Street, and withdrawal of said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and on July 12,2016;and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of the annexed property from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation or to the City designations which are the most similar; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations;and WHEREAS, the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed property from the applicable service districts is in the best interest of the City of Tigard. ORDINANCE No. 16- Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcel as described and shown in the attached Exhibits "A" and "B", and withdraws said parcel from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" (ZCA2016- 00002) as findings in support of this decision; a copy of the staff report is attached hereto as Exhibit"C" and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District shall be the effective date of this annexation. SECTION 5: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of ,2016. Carol Krager, City Recorder APPROVED: By Tigard City Council this day of , 2016. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 16- Page 2 EXHIBIT "A" MS AKS ENGINEERING aO ,LLC R Suite 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job 44105 P:(503)563-6151 F:(503)563-6152 ENGINEERING&FORESTRY OFFICES IN:TUALATIN,OR - VANCOUVER,WA- SALEM,OR EXHIBIT A Legal Description A tract of land located in the southeast one-quarter of Section 9, Township 2 South, Range I West, Willamette Meridian, Washington County, Oregon and being more particularly described as follows: Beginning at a 5/8 inch iron rod with a yellow plastic cap inscribed "ALPHA COM. DEV."at the southeast corner of the plat of"Summit Ridge No. 3", being on the southerly right-of-way line of SW Summit Ridge Street(variable width right-of-way); thence along said southerly right-of-way line, North 88°00'47" West 201.48 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"ALPHA COM. DEV."at the northwest corner of Exhibit D of Document Number 2014-071527 and the True Point of Beginning; thence along the west line of said deed, South 01°15'46"West 246.39 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"AKS ENGR."at the northeast corner of Exhibit B of Document Number 2014-070764;thence along the north line of said deed,North 88°45'31"West 76.18 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed"AKS ENGR."; thence South 01°15'46 West 29.99 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed "AKS ENGR."; thence North 88°45'31" West 125.82 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed "AKS ENGR."on the east line of Lot 11 of the plat of"Woodside";thence along said east line and the northerly extension thereof,North Ol°15'46"East 279.02 feet to a 3/4 inch iron pipe on the southerly right-of-way line of SW Summit Ridge Street(variable width right-of-way); thence along said southerly right-of-way line, South 88°00'47"East 202.02 feet to the True Point of Beginning. The above described tract of land contains 1.23 acres, more or less. 01/29/2016 ANNEXATION C' IREGISTERED PROFESSIONAL BY ?h) LAND SURVEYOR FEB ft fir`' 41:11fR4-411*EGON( tab WASHINGTC;,'; .. .... . 1 A& T JANUARY 9, 2007 j CARTOGRAPHY NICK WHITE 70652LS RENEWS: 6/30/16 EXHIBIT B A TRACT OF LAND LOCATED IN THE SE 1 /4 OF SEC. 9, T2S, R1 W, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON POINT OF BEGINNING SE CORNER OF "SUMMIT RIDGE NO. 3" __L____J I 'SUMMIT 1 RIDGE NO. ,T' _ _L-N SW SUMMIT FUDGE STREET TIGARD - N--_,--u • . - CITY LIMITS -`�- - A A ir N S88100'47"E N88'00'47"W 201.48' N TIGARD 202.02' c' SUMMIT CITY LIMITS o a, TRUE POINT o "SUMGE �, cn C:6 EXH. A OF BEGINNING RIDGE" w ^ �`+ DOC. N0. cv EXH. D �, o • a' ;� 2014-070764 3 DOC. NO. o AREA 2014-071527 0 0 �n 1.23 ACRES± In cv C - rn n o MIT Z N88'45'31"W N "SUM " 0 76.18' RIDGE NO' 2 w -ttill vp • .... . _ MWOOD�DE" • •• N884531"W TIGARD u 1, ' ' CITY LIMITS Z c, 125.82' S01'15'46"W 29.99' o CI 1 I" N EXH. B EXH. B � • DOC. NO. DOC. NO. SW KOSTEL_ ANNEXATION CI`RTE 2014-070764 2015-034421 LANE BY III FEB 0 8 2,8fi4' zoIrp LEGEND INASHiNGTGN COUNTY A& ?` CARTOGRAPHY 0 3/4" IRON PIPE 01/29/2016 E 5/8' IRON ROD W/YPC REGISTERED 1 INSCRIBED "ALPHA COM. DEV.' PROFESSIONAL 0 5/8" IRON ROD W/YPC LAND SURVEYOR INSCRIBED "AKS ENGR." nitVENTUREPREPARED PROPERFORTIES ANDERSON PROPERTY OREGON 4230 SW GALEWOOD ST, DRA er:MSK CHECKED eY:SRB �wG:ANNEX-ANDERSON JOB: 4105 JANUARY 9, 2007 SUITE 100 AKS ENGINEERING & FORESTRY, LLC NICK WHITE LAKE OSWEGO, OR 97035 12965 SW HERMAN RD SUITE 100 70652LS TUALATIN, OR 97062 www.aks-enABg.com 6/30/16 9com PHONE: 503.563.6151 FAX: 503.563.6152 2S 1 09DB EXHIBIT-B•• 2S 1 09DB *, a J $ 14 ¢s 2.0081 I I i f 0008 AC :2 ,90 8�ISA . . J 1 a,nc 9aa an . Iw,xo 006 260.60 302.1 ut.0 7 1[,6060 M77-301111111111111:1s8 «.0m 73 Q^ x23 AC „4•r ie °. 1,0060 mg i Cn 8 1,0000 • as a 1! s 6 $ .,°.� 4b 100x., NiamEL memo ern °0. 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H "•LYiE°° 374/207 z, 4i,a4,,1•+ a 40.I, tom 0 0000 PLOT DATE:April 22,2016 SW PINE VIEW FOR ASSESSMENT NOT RELY ONES • 163 Ie I xa•6ywa 2MYAMN II NNI NN\ FOR OTHER USE ' 682, .0.00 00.00 MOO reZ' I ,.EL / Map areas...ealtl5yarthe.aa,.00414 n a cross-halchen 120°`" k I �I P a3•e " 0Io.0"281118120°"8 :�o.o Zr" ,,w„ , pattern aft///...Ate Only and may no(Mealy the ree,t 186•"� 8 >M'o°"'' 1 -- -.`�/� I ! g n�i01 t00$ 0199° 8 6� =10007 current wOueM[600088.2: apa0mere 9080 $ xObese tweed ul '97 ,.r the most[tette(rm0rnrahoe. $ 184 - I I / 9. p4% 5 et MA a 8000 Sam 4090 68.000 . 2.010C 6 R 1 3 d 261 160 I + I...r+ - TIGARD 700 .a a 10.,AC 10C /. - 2S 1 O9DB 2S 1 09DB fllp261w09 EXHIBIT "C" Hearing Date: July 12,2016 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL !PI 19 FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: ZEIDER ANNEXATION CASE NO: Zone Change Annexation (ZCA) ZCA2016-00002 APPLICANT: Janet K. Zeider OWNER: Same as applicant 13100 SW Summit Ridge Street Tigard,OR 97224 PROPOSAL: Annex one (1) parcel located on the south side of SW Summit Ridge Street, approximately 1.23-acres in size,into the City of Tigard. LOCATION: 13100 SW Summit Ridge Street;WCTM 2S109DB,Tax Lot 1701 COUNTY ZONE: R-6: Residential, five units/acre minimum density, six units/acre maximum density. The purpose of the R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300- 2, Section 300-5, or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Goal 1, Goal 11, Goal 12, and Goal 14; ORS Chapter 222;Metro Code Chapter 3.09. SECTION II. STAFF RECOMMENDATION Staff recommends the Council find that the proposed annexation (ZCA2016-00002) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development Code Chapters 18.320 and 18.390, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends APPROVAL of ZCA2016-00002 by adoption of the attached ordinance. ZEIDER ANNEXATION ZCA2016-00002 PAGE 1 OF 10 SECTION III. BACKGROUND INFORMATION The 1.23-acre site is located on the south side of SW Summit Ridge Street, east of SW 133`' Avenue and west of SW Oak Valley Terrace; south of the city's border with unincorporated Washington County. As defined by Washington County Land Use Districts, the property is zoned R-6 Residential, as are adjacent properties to the east and west. Adjacent properties to the north and south are located within the City of Tigard,and are zoned R-7 (Medium-Density Residential). According to the Washington County Assessment & Taxation Report, the site was developed with an approximately 6,000-square-foot detached, single-family dwelling in 1996. The property is also occupied by an attached garage,paved driveway,various accessory structures,and associated landscaping. The subject site was initially proposed as part of the Summit Ridge No. 5 Annexation in March 2015 (Case No. ZCA2014-00002). However, the applicant and property owner opted to exclude the property from the previous annexation request. Instead, the property owner signed and recorded an annexation contract that allowed the City of Tigard to annex the subject property within four years of the contract date, or sooner at the written request of the property owner. Under the terms of this contract, the property owner consented to annexation into the City of Tigard,and waived any right to remonstrate. The applicant and property owner now proposes to annex the site, in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS City: Community Development Code Chapters 18.320 and 18.390;Comprehensive Plan Goal 1.1; Goal 11.1 (Policy 4),and Goal 11.3 (Policy 6),Goal 12,Goal 14.2 (Policies 1-4). State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 A.CITY OF TIGARD COMMUNITY DEVELOPMENT CODE(TITLE 18) Staff has determined that the proposal is consistent with the relevant portions of the Tigard Community Development Code (1'DC),based on the following findings: Chapter 18.320.020.B: Approval Process and Standards. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1.All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; FINDINGS: As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater Management,Water Supply and Distribution,Wastewater Management, Community Facilities, and Private Utilities. In addition, the Comprehensive Plan's Glossary includes public safety, parks, and transportation under Public Facilities and Services. All services are available for the proposed annexation site,and have adequate capacity to serve the existing development. Stormwater— City of Tigard. City of Tigard stormwater infrastructure is available by an existing twelve- inch stormwater main along SW Summit Ridge Street. The City of Tigard Public Works Department reviewed the applicant's proposal,and determined there is adequate capacity to serve the existing property. Water—City of Tigard/Tigard Water District. The property is located within the Tigard Water Service Area. The subject site is occupied by a detached, single-family home that is currently served by an existing ZEIDER ANNEXATION ZCA2016-00002 PAGE 2 OF 10 eight-inch water main along SW Summit Ridge Street. The City of Tigard Public Works Department reviewed the applicant's proposal,and determined there is adequate capacity to serve the existing property. Sewer—City of Tigard.The applicant proposes to annex the subject parcel in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal 11.3, Policy 6: "The City shall require a property to be located within the City limits prior to receiving City wastewater services." City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main along SW Summit Ridge Street. The City of Tigard Public Works Department reviewed the applicant's proposal, and determined there is adequate capacity to serve the existing property. The City of Tigard Engineering Division also reviewed and responded to the applicant's proposal, requiring the applicant to apply for a Public Facility Improvement (PFI) permit prior to connecting to city sewer. In addition, the existing septic system shall be abandoned within the standards set forth by the Washington County Environmental Health Program. Police—City of Tigard Police Department.The Washington County Sheriff's Office currently provides police services to the subject property. If this annexation request is approved, the site will be withdrawn from the Enhanced Sheriff's Patrol District. The City of Tigard Police Department reviewed the applicant's proposal,and had no objections. Fire — Tualatin Valley Fire and Rescue. The subject property is located within the service area for Tualatin Valley Fire and Rescue (TVF&R). Accordingly, TVF&R currently provides fire protection and emergency medical services to the site, which will not change with this annexation request. TVF&R reviewed the applicant's proposal,and had no objections. Parks—City of Tigard.The applicant proposes to annex a 1.23-acre property into the City of Tigard. Staff has reviewed the applicant's proposal and determined that this request will not adversely impact the city's ability or capacity to provide for parks and recreational needs. Streets — City of Tigard Engineering Division. The subject property has approximately 202 feet of direct frontage along SW Summit Ridge Street,which is currently under the city's jurisdiction. SW Summit Ridge Street is also classified as a local street under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. In addition, the property will be removed from the Washington County Urban Road Maintenance District. CONCLUSION: Based upon this review, staff finds that all Public Facilities and Services (as defined by the City of Tigard Comprehensive Plan) are available to the proposed annexation property, and have sufficient capacity to provide service. The proposed annexation will not adversely impact levels of service within the City of Tigard.This criterion is met. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. FINDINGS: The following City of Tigard Comprehensive Plan goals and policies apply to the proposed annexation: Goal 1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4). Staff has determined that the proposal has satisfied the applicable Comprehensive Plan goals and policies based on the following findings: Goal 1.1: Citizen Involvement. The City shall provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. The City of Tigard maintains an ongoing citizen involvement program. To ensure citizens will be provided an opportunity to be involved in all phases of the planning process, the city provides notice for Type IV land use applications. City staff posted, mailed, and published notice of the public hearing as follows: the city posted public hearing notices at four public places on June 21, 2016 (Tigard Public Library, Tigard ZEIDER ANNEXATION ZCA2016-00002 PAGE 3 OF 10 City Hall, Tigard Permit Center, and the subject property on 13100 SW Summit Ridge Street); city staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1,2016; and the city published a public hearing notice in The Tigard Times for two successive weeks (June 30 and July 7, 2016) prior to the July 12, 2016 public hearing before Tigard City Council. Goal 11.1: Public Facilities and Services. Policy 4. The City shall require the property to be located within the city limits prior to receiving City stormwater services. The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater infrastructure is available by an existing twelve-inch stormwater main along SW Summit Ridge Street. In addition, the City of Tigard Public Works Department reviewed the applicant's proposal, and determined there is adequate capacity to serve the existing property. Goal 11.3: Public Facilities and Services. Policy 6. The City shall require the property to be located within the city limits prior to receiving City wastewater services. The applicant proposes to annex the subject parcel in order to connect to City of Tigard sewer. This is consistent with the policy outlined above. City of Tigard sewer infrastructure is available by an existing eight-inch sanitary main along SW Summit Ridge Street. The City of Tigard Public Works Department reviewed the applicant's proposal,and determined there is adequate capacity to serve the existing property. Goal 12: To provide and encourage a safe,convenient, and economic transportation system. The subject property has approximately 202 feet of direct frontage along SW Summit Ridge Street,which is currently under the city's jurisdiction. SW Summit Ridge Street is also classified as a local street under the City of Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation system. Goal 14.2: Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,including the appropriate annexation of unincorporated properties. Policy 1. The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designation is addressed below,under Chapter 18.320.020.C. Policy 2. The City shall ensure that capacity exists, or can be developed, to provide needed urban level services to an area when approving annexation. As addressed under Chapter 18.320.020.B.1 above, staff finds urban level services are available to the proposed annexation property,and have adequate capacity to serve the existing development. Policy 3.The City shall approve proposed annexations based on findings that the request: A.can be accommodated by the City's public facilities and services; and As addressed under Chapter 18.320.020.B.1 above, staff finds all public facilities and services are available to the proposed annexation property, and have adequate capacity to serve the existing development. B.is consistent with applicable state statute. As reviewed later in this report, staff finds the applicable provisions of Oregon Revised Statutes Chapter 222 have been met, consistent with this policy. ZFIDER ANNEXATION ZCA2016-00002 PAGE 4 OF 10 Policy 4. The City shall evaluate and may require that parcels adjacent to proposed annexations be included to:A) avoid creating unincorporated islands within the City; B) enable public services to be efficiently and effectively extended to the entire area; or C) implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. The proposed annexation property (13100 SW Summit Ridge Street;WCTM 2S109DB,Tax Lot 1701) was initially proposed as part of the Summit Ridge No. 5 Annexation in March 2015 (Case No. ZCA2014- 00002). However, the applicant and property owner opted to exclude the site from the previous annexation request. In addition, the property owners of the adjacent parcel (13020 SW Summit Ridge Street; WCTM 2S109DB, Tax Lot 1801) also requested to be excluded from the previous annexation request.At the time, the city expressed concern that failure to annex these two properties with the Summit Ridge No. 5 Annexation would prevent public services from being efficiently and effectively extended to the entire area. Therefore, the owners of 13020 and 13100 SW Summit Ridge Street signed and recorded annexation contracts that allow the City of Tigard to annex the two properties within four years of the contract dates, or sooner at the written request of the property owners. Under the terms of these contracts, the property owners consented to annexation into the City of Tigard, and waived any right to remonstrate. The property owner of 13100 SW Summit Ridge Street now proposes to annex the subject site,in order to connect to City of Tigard sewer. The property owners of 13020 SW Summit Ridge Street are not proposing to annex at this time. Although approval of this annexation request will create a temporary unincorporated island at 13020 SW Summit Ridge Street, the above-referenced annexation contract ensures the subject property will be annexed into the city within four years of the contract date. Furthermore, city staff sent invitations to adjacent property owners in April 2016 to join in on this annexation request,but did not receive any responses. CONCLUSION: Annexation of the adjacent parcel (13020 SW Summit Ridge Street; WCTM 2S109DB, Tax Lot 1801) is not necessary at this time, as an annexation contract is already in place for the subject property. The city has coordinated with all applicable jurisdictions and agencies for the annexation site. Staff finds all public facilities and services are available to the proposed annexation property, and have adequate capacity to serve the existing development. Furthermore, the proposed annexation is consistent with all applicable City of Tigard Comprehensive Plan policies.This criterion is met. Chapter 18.320.020.C:Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the city's zoning district which most closely implements the city's or county's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries county designations, the city shall convert the county's comprehensive plan map and zoning designations to the city designations which are the most similar. FINDINGS: As defined by Washington County Land Use Districts, the site is zoned R-6 Residential, as are adjacent properties to the east and west. Adjacent properties to the north and south are located within the City of Tigard, and are zoned R-7 (Medium-Density Residential). Washington County's R-6 zone is intended for residential development at no more than six (6) units per acre and no less than five (5) units per acre. TDC Table 18.320.1 summarizes conversions for Washington County and City of Tigard plan and zoning designations. Based on this table, Washington County's R-6 zone is equivalent to the City of Tigard R-7 zoning district. CONCLUSION: Upon annexation, the subject property will be zoned R-7 (Medium-Density Residential), which most closely implements Washington County's R-6 plan and zoning designation. This criterion is met. ZEIDER ANNEXATION ZCA2016-00002 PAGE 5 OF 10 Chapter 18.390.060:Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the City of Tigard Community Development Code (Title 18), using standards of approval contained in 18.390.020.B, which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the city to provide notice at least 20 days prior to the hearing by mail, and to publish notice at least ten business days prior to the hearing. City staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1, 2016, and published a public hearing notice in The Tigard Times for two successive weeks (June 30 and July 7,2016) prior to the July 12,2016 public hearing. Additionally, Chapter 18.390.060 sets forth five factors for consideration when making a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; FINDINGS: The City of Tigard Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with Oregon's Statewide Planning Goals and Guidelines. In addition, staff finds this annexation proposal is consistent with the Comprehensive Plan goals and policies,as discussed above in this report. CONCLUSION: This annexation proposal is consistent with the city's acknowledged Comprehensive Plan.Therefore,the proposal complies with the Statewide Planning Goals and Guidelines,including citizen involvement,land use planning,public facilities and services, transportation,and urbanization. 2.Any federal or state statutes or regulations found applicable; FINDINGS: Oregon Revised Statutes (ORS) Chapter 222- City Boundary Changes;Mergers; Consolidations; Withdrawals State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for the same two week period. The owner of the subject parcel has signed a petition for annexation to the City of Tigard. The site is contiguous to the city's boundary. City staff posted, mailed, and published notice of the public hearing as follows: the city posted public hearing notices at four public places on June 21, 2016 (Tigard Public Library, Tigard City Hall, Tigard Permit Center, and the subject property on 13100 SW Summit Ridge Street); city staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1,2016;and the city published a public hearing notice in The Tigard Times for two successive weeks (June 30 and July 7,2016) prior to the July 12,2016 public hearing before Tigard City Council. ZEIDER ANNEXATION ZCA2016-00002 PAGE 6 OF 10 CONCLUSION: Staff finds that the provisions of ORS 222 have been met. 3.Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Staff has reviewed the Metro regulations for Local Government Boundary Changes and addressed the applicable regulations (Metro Code 3.09.045(d) & (e) and 3.09.050) below: FINDINGS: Metro 3.09.045 (d) and (e) The proposed annexation is not being reviewed through an expedited process,but subsection (d) of Metro Code 3.09.050 requires that the standards of 3.09.045 (d) &(e) be addressed. (d) To approve a boundary change through an expedited process,the city shall: (1) Find that the change is consistent with expressly applicable provisions in: (A)Any applicable urban service agreement adopted pursuant to ORS 195.065; The Tigard Urban Service Agreement (TUSA) is between the City of Tigard, Washington County, Metro, and the service districts for water, sewer, public safety, parks, and transportation. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. As addressed in Chapter 18.320.020.B.1 of this report, staff finds that all urban services are available to the proposed annexation property, and have sufficient capacity to provide service. The Urban Planning Area Agreement (UPAA) between the City of Tigard and Washington County provides coordination of comprehensive planning and development, defines the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed earlier in this report, and acknowledgements that the city is the ultimate service provider of urban services within the Tigard Urban Service Area. (B)Any applicable annexation plan adopted pursuant to ORS 195.205; This statute outlines the process for annexations initiated by a city or district,including public hearings and voting procedures. However, this statute is not applicable, as the annexation was initiated by the applicant and property owner,Janet K. Zeider. Mrs. Zeider submitted a signed petition to annex; she is the sole property owner and registered voter at the subject property. (C)Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Examples of special districts include water, sewer, police, fire, and school districts. Upon approval of this proposed annexation, the City of Tigard will provide sewer service to the site; the City of Tigard Police Department will provide public safety services to the property,instead of the Washington County Sheriff's Office; and the property will be removed from the Washington County Urban Road Maintenance District. (D)Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; and The City of Tigard Public Facility Plan was adopted in 1991,in compliance with Statewide Planning Goals and Guidelines and Oregon Administrative Rule 660-11. The city makes appropriate updates to the Public ZEIDER ANNEXATION ZCA2016-00002 PAGE 7 OF 10 Facility Plan on a regular basis as part of the Periodic Review process as required by Oregon Administrative Rule 660-25. As addressed under Chapter 18.320.020.B of this report, staff finds the proposed annexation is consistent with the applicable provisions of the City of Tigard Public Facility Plan. (E)Any applicable comprehensive plan; and The City of Tigard Comprehensive Plan applies to this proposed annexation. As addressed in Chapter 18.320.020.B.2 of this report, staff finds the applicable Comprehensive Plan goals and policies have been satisfied. (2) Consider whether the boundary change would: (A) Promote the timely, orderly and economic provision of public facilities and services; (B) Affect the quality and quantity of urban services; and (C) Eliminate or avoid unnecessary duplication of facilities or services. The applicant proposes to annex the subject parcel in order to connect to City of Tigard sewer. As reviewed in Chapter 18.320.020.B.1 of this report, staff finds that all public facilities and services are available to the proposed annexation property, and have sufficient capacity to provide service. Upon approval of this annexation, the City of Tigard Police Department will provide public safety services to the property, instead of the Washington County Sheriff's Office. TVF&R will continue to provide fire protection and emergency medical services to the site. The proposed annexation will not adversely impact levels of service within the City of Tigard. (e)A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that lies partially within and outside the UGB.Neither a city nor a district may extend water or sewer services from inside a UGB to territory that lies outside the UGB. The proposed property to be annexed is not outside the UGB. Therefore,this criterion does not apply. Metro 3.09.050 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsection (d) below, and that includes at a minimum the following: This staff report was available to the public on June 27, 2016, fifteen (15) days prior to the public hearing before Tigard City Council. (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed in Chapter 18.320.020.B.1 of this report, staff finds that all urban services are available to the proposed annexation property,and have sufficient capacity to provide service. (2) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The subject property will remain within Washington County, but will be withdrawn from the Washington County Enhanced Sheriff's Patrol District and the Washington County Urban Road Maintenance District upon completion of this annexation request. These withdrawals are incorporated into the attached ordinance. (3)The proposed effective date of the boundary change. A public hearing regarding this annexation request will take place before Tigard City Council on July 12, 2016. If Council adopts findings to approve ZCA2016-00002, the effective date of this annexation will be ZEIDER ANNEXATION ZCA2016-00002 PAGE 8 OF 10 upon filing with the Oregon Secretary of State,as outlined in Oregon Revised Statutes Chapter 222.180. (c) The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this staff report. (d) To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (d) and (e) of Section 3.09.045. The factors set forth in subsections (d) and (e) of Section 3.09.045 have been previously addressed in this report. CONCLUSION: Staff concludes the proposed annexation satisfies applicable regulations outlined in Chapter 3.09 Local Government Boundary Changes of the Metro Code.This criterion is met. (Tigard CDC 18.390.060 continued) 4.Any applicable comprehensive plan policies; and FINDINGS: Applicable City of Tigard Comprehensive Plan policies were addressed under Chapter 18.320.020.B.1 of this report. CONCLUSION: Staff concludes the proposed annexation satisfies applicable City of Tigard Comprehensive Plan policies. 5.Any applicable provisions of the City's implementing ordinances. FINDINGS: In February 2013, Tigard City Council passed Resolution 15-07, which extended previously approved incentives for property owners to annex into the city limits, for reasons that do not include the need for city services. These incentives include a waiver of the city annexation application fee, and phasing in of increased property taxes. However, the applicant proposes to annex the subject parcel in order to connect to City of Tigard sewer; therefore, these incentives do not apply. As previously demonstrated through the findings contained within this report, the proposed annexation is consistent with all applicable sections of the City of Tigard Community Development Code. CONCLUSION: Staff concludes the proposed annexation satisfies applicable provisions of the city's implementing ordinances. SECTION V. AGENCY COMMENTS The City of Tigard Police Department, City of Tigard Public Works Department, and Tualatin Valley Fire& Rescue were sent copies of the applicant's proposal,and had no objections. The City of Tigard Engineering Division also reviewed and responded to the applicant's proposal.Prior to connecting to city sewer,the applicant shall apply for a Public Facility Improvement(PFI) permit. In addition, the existing septic system shall be abandoned within the standards set forth by the Washington County Environmental Health Program. SECTION VI. PUBLIC COMMENTS City staff mailed public hearing notices to all interested parties and neighboring property owners within 500 feet of the subject site on June 1, 2016. As of June 23, 2016, no written public comments were received. ZFIDER ANNEXATION ZCA2016-00002 PAGE 9 OF 10 • June 23.2016 PREPARED BY: Lina Smith DA 1.E Assistant Planner �L<�c June 23.2016 REVIEWED BY: -om McGuire DATE Assistant Community Development Director ZEIDER ANNEXATION ZCA2016-00002 PAGE 10 OF 10 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIGARD SUPPLEMENTAL PACKET FORJo-1k) laaoIto (DATE OF MEETING) Zeider Annexation ZCA2O 16-00002 Presented to Tigard City Council ( July 12, 2016 CITY OF TIGARD 1 Zoning Map a 1 W e Generalized Zoning Categories i 0 ¢ -I o zw P- R-7 'r ,., Zoning Description Gci LICC Z �7Rendential m< W niMixcd line Residential HAZELCREST WAY 3 2- •Mixd line Central nusinean District "'Commercial •••••1-41 - •Mixed Use Employment e . ®Industrial e NIParks and Recreation zm — •Washington County Zoning .11•1- -' N W II Overlay Zones •.•.•.•.�.�.�__ SUMMIT RIDGE ST ' :.." l r R-7 _ Histone District Oeerlay Proposed Annexation Area 'Planned Development Overlay _ Subject Site BIRCH HILL IN - _ ...-...iiimii.iimil . R-7 L 1 w • KOSTEL LN W ° MN,0eNed M is!a AM w 2n-Mey-le A O • IT 111 R-7 R-7 ti �, . _ m �.....r-m I Y I• • • Q COMMUNITY DEVELOPMENT DEPARTMENT YI Fee, • BLACK WALNUT ST TKiA�M�PS 'o+naiM NMM 'MAW''T e D I weeeee,e-er ea, 111.999.999 e it AIS-2592 5. Business Meeting Meeting Date: 07/12/2016 Length (in minutes): 25 Minutes Agenda Title: Discussion on Gas Tax Measure for November 2016 Ballot Prepared For: Toby LaFrance Submitted By: Norma Alley, Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Discussion of a potential November 8,2016 ballot measure to increase the local motor vehicle fuel tax from $.03 per gallon to $.08 per gallon. STAFF RECOMMENDATION /ACTION REQUEST Requesting Council's direction and input for the July 26,2016 Council meeting to include a November ballot measure asking voters to approve a$.05 per gallon increase in the city's motor vehicle fuel tax. KEY FACTS AND INFORMATION SUMMARY The city's existing$.03 per gallon fuel tax is no longer sufficient to fund construction,maintenance, improvement of public highways,roads,street and rights of way within the city. The current$.03 per gallon in fuel tax primarily supports major transportation capital projects as designated by the Tigard Transportation Advisory Committee (1"I'AC). If approved,this measure would increase existing fuel tax from$.03 to $.08 per gallon,on motor vehicle fuel sold in the city. The fuel tax would be collected by motor vehicle fuel dealers and paid to the city. The city's motor vehicle fuel tax would be collected on any gallon of gas sold to anyone buying fuel in Tigard. Each$.01 per gallon increase in the fuel tax is estimated to generate$200,000 in revenues annually. Therefore a$.05/gallon fuel tax increase will generate approximately$1,000,000 per year. In alignment with previous discussions,it is anticipated that the majority of this additional revenue would be allocated to the Pavement Management Program (PMP) to address the current backlog of streets identified in the Program. In addition, the increased revenues could help support major capital transportation projects and pedestrian connections inside the right-of-way. If this measure is approved at$.05/gallon, the increase in the city's street maintenance fee (SMF),currently scheduled to begin January 1,2017,would not go into effect. The budgeted January 1,2017 increase to the SMF charged to city residents and businesses is expected to generate approximately$500,000 annually. The SMF increase is intended to fund paving of the City's backlog of projects over the next twenty years. An approved $.05 increase to the local motor vehicle fuel tax would replace the scheduled January 1,2017 increase in the SMF and also allow for funding additional transportation projects in the backlog. Attached to this AIS are: • Proposed November 8,2016 ballot language asking voters to approve a$.05 per gallon increase in fuel tax • Memo noting potential transportation projects that could receive consideration with this additional revenue OTHER ALTERNATIVES Council may elect to alter the amount of the motor vehicle fuel tax and direct staff to bring forth such recommendation. Council may advise staff not to proceed with a November 8,2016 ballot to increase in motor vehicle fuels tax. On January 1,2017,the SMF will increase as approved in the FY2017 budget. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS Transportation System Plan Tigard Municipal Code Chapter 3.65 Council Goal: Expand Opportunities to Engage People in the Community-community education for content of measures for voter approval Strategic Plan Goal 4: Facilitate walking connections to develop an identity Strategic Plan Goal 5: Fund the vision while maintaining core services DATES OF PREVIOUS CONSIDERATION Gas Tax-03/01/16 SMF&Gas Tax-03/22/16 SMF -09/15/15 SMF -03/07/15 Attachments Proposed Local Gas Tax Ballot Measure Local Gas Tax Increase-Potential Transportation Projects Caption (10 words) Fuel tax increase for street system improvements, repair, and maintenance Question (20 words) Shall Tigard enact ordinance increasing fuel tax to 8 cents per gallon for street system improvements, repair, and maintenance? Summary(175 words) Ordinance 16-xx, if approved,would amend municipal code to increase City motor vehicle fuel tax from 3 to 8 cents per gallon and dedicate revenue to street system and safety improvements and pavement and rights-of-way maintenance. Estimated to raise$1 million per year. The revenue would address existing unfunded transportation needs. If this measure is approved,the increase in city street maintenance fee,scheduled to begin January 1, 2017, would not go into effect. Project categories with potential examples: • Pavement Management Program: Repave more neighborhood streets such as parts of Grant Ave,Atlanta, Benchview Terrace, 121st Avenue. • Major Street Improvements: Contribute to North Dakota and Tigard Street bridge replacements, including sidewalks and bike lanes;Tigard Street along Dirksen Park. • Pedestrian Connection &Safety Projects: Hunziker Street, Barrows Road,and neighborhood gaps;crosswalk improvements such as flashing signs and beacons; improved traffic signals for safer pedestrian crossings. City of Tigard Proposed Local Gas Tax Increase: Potential Transportation Projects The city's existing fuel tax of$.03/gallon does not provide sufficient funding for construction, maintenance, improvement of public highways, roads,street and rights of way within the city. Currently the$.03/gallon fuel tax primarily supports major transportation capital projects. Through council and staff discussions,the city could consider an increase to the city gas tax to further support transportation related projects. An increase of$.01/gallon in the city's tax would raise approximately$200,000 in revenues annually. Staff has identified transportation needs that this additional revenue could support. Three main transportation construction elements that a potential increase in city gas tax could support are: 1. Pavement Management Program 2. Major Capital Transportation Construction Projects 3. Pedestrian Connection Projects (inside the right-of-way) in support the strategic plan The $.05/gallon city gas tax increase is estimated to provide$1,000,000 in revenues annually. This memo provides projects the city could consider for the proposed 5 cent/gallon increase in city gas tax. Identified transportation projects were categorized in the above three areas and noted in further detail below. (Additionally,some of the gas tax resources could be used to fund increasing right-of-way vegetation management needs) 1. Pavement Management Program The increase is gas tax could provide an expansion of the current city Pavement Management Program (PMP)to help the city repave and provide accessible curb ramps on a larger proportion of city streets. The current PMP with an FY17 adopted budget of approximately$2 million, paid by the city Street Maintenance Fee charged to city residents and businesses, is primarily focused over the next five years on larger arterial and connector streets (higher capacity, busier streets). It is anticipated that an additional$600,000 annual revenues would help the city address the current backlog of PMP projects within the next ten years. The increased city gas tax would allow for more local, neighborhood streets to be repaved sooner. A potential list of candidate streets is shown in the following table. The table represents a potential street paving list over five years that would otherwise fall to later years. Page I 1 City of Tigard Proposed Local Gas Tax Increase: Potential Transportation Projects Project Street Project Street-From Street-To Classification Coat Cardinal Ln 72nd Ave End of Street Commercial 70,000 Johnson St Hwy 99W Grant Ave Residential 60,000 Grant Ave McKenzie St Tigard St Residential 170,000 Fonner St Walnut St 115th Ave Residential 220,000 Alderbrook Dr Durham Rd Oaktree Ln Residential 40,000 Main St(Phase II) Tigard St Commercial St Collector 30,000 Oak St Hall Blvd 90th Ave Collector 100,000 C 74th Ave Durham Rd 1,300'S of Bonita Commercial 230,000 Garden Place Hwy 99W Hall Blvd Commercial 180,000 130th Ave Scholls Ferry Rd Hawksbeard St Residential 80,000 Atlanta/69th 68th Pkwy Baylor Commercial 60,000 Beveland St 72nd Ave End of Street Commercial 70,000 115th Ave(Except at N.D.Tigard St Cottonwood Ln Residential 180,000 Fanno Creek Dr Bonita Rd Fanno Creek Lp Residential 120,000 Greenfield Dr Bull Mountain Rd Summit Ridge St Residential 60,000 Walnut St Gaarde St 135th Ave Arterial 200,000 69th Ave Hampton St Dartmouth St Commercial 100,000 Benchview Terr Alpine View Clearview Dr Residential 200,000 Sequoia Pkwy Upper Boones Ferry Rd Bonita Rd Collector 290,000 121st Ave Gaarde St Hollow Ln Collector 170,000 Kable Ln 72nd Ave End of Street Commercial 40,000 2,670,000 2. Major Capital Transportation Construction Projects Transportation capital projects are improvements that each cost more than $50,000. They are funded by a mix of sources, including state gas tax, system development charges paid by new development, local city gas tax, city general funds from property tax revenues, and regional/state/federal grant programs. These sources may have specific limitations on when, where, how they can be used; limited funding available; and in the case of grants—fierce competition for the available funds. Most grants also require matching funds, anywhere from 10% up to 200%of the grant amount. The city's current revenues do not meet the existing needs in our transportation system. Additional revenue generated by an increase in the city's gas tax would help supplement the city's ability to meet these needs. The city's current$.03/gallon gas tax provides approximately$600,000 of revenues annually. Staff anticipates approximately$300,000 in annual revenues could help the city start addressing the list of unfunded and underfunded major capital transportation projects. The existing city $.03/gallon gas tax is currently utilized to: • pay off transportation bonds issued in 2010 for the Greenburg Road/Main Street/Pacific Highway Intersection • to help fund local street and sidewalk projects As mentioned above, there is a substantial backlog of unfunded or underfunded projects. An increase in the city's gas tax could help chip away at larger street, bike and pedestrian project needs in city right-of-way. After the transportation bonds are paid off in 2020, another estimated $300,000 annual revenues will be available for projects as well. City gas tax dollars can pay directly for projects, but also can be important leverage as matching dollars, allowing the city to apply and Page 12 City of Tigard Proposed Local Gas Tax Increase: Potential Transportation Projects qualify for various regional,state and federal grants. This is important as many unfunded projects are estimated to cost in the millions of dollars. Potential capital projects that a local gas tax increase can help fund are listed below. These are projects from the city's "Qualified List",which includes priority safety projects identified by staff and other priority projects ranked by the Tigard Transportation Advisory Committee. Some of the projects are in the recently adopted FY17-22 Capital Improvement Program (CIP) but are underfunded or pushed to out to later years. Some are under consideration for County Major Streets Transportation Improvement Program (MSTIP)funding through Washington County, but all are not likely to receive funding. Other projects,while considered a high enough priority to make the Qualified List, are currently unfunded and not listed in the CIP. High Priority Projects in the Current CIP that are Under-Funded: • North Dakota Street (Fanno Creek) bridge replacement: The city has applied to ODOT for federal bridge replacement grant funds, as the bridge repairs the city completed in the summer of 2015 are only temporary. However, based on ODOT staff comments, it is anticipated that grant funds, if received,will not provide for a complete project that includes sidewalks, bike lanes,flood relief over adjacent roadway or other safety improvement needs. City gas tax funds could provide for filling the gap so this is a complete and fully functional project. Depending on level of ODOT funding,the gap is anticipated to be$800,000 to$1.4 million (a complete project is estimated to cost about $3.75 million). The recently adopted FY17-22 CIP currently provides for$800,000 city match. • Tigard Street(Fanno Creek) bridge replacement: Inspection information suggests this bridge should be replaced immediately following the North Dakota Street bridge. This bridge did not qualify for the 2018-2021 round of grant funding through ODOT(bridges need to be in very bad, near failure condition to qualify, such as the North Dakota Street bridge), but may quality for the subsequent round,and the city will need matching dollars. Replacement with a complete project including full pedestrian and bicycle accommodations is estimated in the range of$3.6 million. Projects Under Consideration for County MSTIP Funding: Currently the City has three high priority sidewalk/bicycle lane projects and two high priority intersection signalization projects on the 150% project list for potential funding through the Washington County Major Streets Transportation Improvement Program (MSTIP). Local gas tax dollars could help partially fund one or more of these projects if all are not selected for MSTIP (funding selections by the County are anticipated to be made by September 2016). These projects are: • 121st Avenue,Tippit to Whistler: bicycle and pedestrian facilities, cost estimate$3.9 million • Tiedeman Avenue, Greenburg Road to Fanno Creek: sidewalks and bike lanes, cost estimate$6 million (note:a smaller project on Tiedeman from Greenburg Road to Tigard Street is in the adopted CIP at an estimated cost of$978,000 as a fundable placeholder if the complete project is not selected for MSTIP funding) Page 13 City of Tigard Proposed Local Gas Tax Increase: Potential Transportation Projects • Hunziker Street, 77th to 72nd: sidewalk and bike lanes, cost estimate$1 million • Bonita Road at Sequoia Parkway: traffic signal, cost estimate $600,000 • Hall Blvd at Pfaffle Street: traffic signal, cost estimate$600,000 Other Unfunded High Priority Projects (these are projects not in the city's CIP, but are noted on the "Qualified List"): • Hunziker Street, 72"d to 77th: add sidewalk on north side and bike lanes, cost estimate $1 million. • Tigard Street, Gallo Avenue to Fanno Creek: half-street improvement and sidewalk/trail adjacent to Dirksen Nature Park,cost estimate$1.1 million. (Improvements required by conditions of approval for park improvements) • 116th Avenue,Tigard Street to Katherine Street: new trail in existing unimproved right- of-way crossing Summer Creek,cost estimate$200,000. • Barrows Road,Springbrook to Anna: sidewalk on Tigard's side of the road,cost estimate $150,000. • Scoffins Street, Hall Blvd to Ash Avenue: add sidewalks, cost estimate$1 million. 3. Pedestrian Connection Projects(inside right-of-way) In addition to noted (1)and (2)above the city has identified a need for increased attention to pedestrian connections in support of the city's strategic plan. Revenues from an increase in the city's gas tax could supplement the Pedestrian and Cyclist Connections Program in the city's adopted Capital Improvement Program (CIP). There are many smaller projects that can individually and cumulatively increase pedestrian route connectivity and safety in Tigard. In addition, there is a tremendous backlog of sidewalk, pathway, and crosswalk gap projects throughout the city, and the additional funding would assist in chipping away at this backlog. The types of projects proposed for funding with the additional city gas tax revenues are noted below. The Tigard Transportation Advisory Committee or designated subcommittee would be asked to advise the city on project priorities to be funded from these categories. • Short, "missing link" sidewalk or pathway gaps in public right-of-way • Pedestrian crossing improvements,such as flashing pedestrian signs and beacons • Improvements to street traffic signals to provide for safer pedestrian crossings As discussed above the city has identified how approximately$1,000,000 in increased local gas tax revenue could be used to address the current backlog of transportation projects and maintenance. A $.05/gallon increase to the city's local gas tax is an option to meet this need. Page 14 AIS-2724 6. Business Meeting Meeting Date: 07/12/2016 Length (in minutes): 25 Minutes Agenda Title: Discussion on Marijuana Tax Measure for November 2016 Ballot Prepared For: Liz Newton Submitted By: Carol Krager, Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Council discussion on the establishment of a three percent tax on the sale of marijuana items by marijuana retailers in the City of Tigard. STAFF RECOMMENDATION / ACTION REQUEST Council discussion, consensus and direction to staff on a proposed resolution to refer a three percent tax on the sale of marijuana items to voters,including draft ballot title,and a proposed ordinance amending the previously authorized marijuana tax. Based on council's review of the proposed ordinance and direction to proceed by resolution to refer the matter to voters, Council may approve the ballot title resolution at a public hearing on July 26,2016. If the council decides not to refer the ordinance to voters in November 2016, the next opportunity,by state law,will be the general election in November 2018. KEY FACTS AND INFORMATION SUMMARY Oregon State Law(ORS 475 B.345) provides that cities may adopt an ordinance to refer to voters that,if passed,would impose up to a three percent tax on the sale of marijuana items by a marijuana retailer in the city's jurisdiction. The city council discussed possible taxation in September 2014 and August and September 2015. In September 2014 city council adopted Ordinance 14-12 establishing taxes on the sale of marijuana items in advance of Measure 91 going before voters on the November 2014 ballot. Ordinance 14-12 is still in effect but HB 3400,codified as ORS 475 B.345,supersedes its authority. In addition, state law now precludes cities from establishing taxes on medical marijuana. In September 2015,city council provided direction to the city attorney to prepare an ordinance for council consideration that would comply with state law and allow the city to tax the sale of marijuana items.The proposed ordinance (attached) would establish a three percent tax on the sale of marijuana items by marijuana retailers in the city and would take effect only upon approval by Tigard voters at the November 8,2016 general election. If approved by voters,a new Chapter 3.80 -Marijuana Tax-would be added to the Tigard Municipal Code. The key provisions of the new Chapter 3.80 would include imposing the three percent tax,responsibilities of the marijuana retailer including payments and record keeping,penalties and interest,appeal rights and refunds, what constitutes a violation and the right of the city to conduct audits and recover debt owed. At this time it is unclear when the state Department of Revenue (DOR) will make distributions of tax revenue to cities.The legislature directed DOR not to make any distributions until the liquor fund is repaid for loans made to both the Oregon Liquor Control Commission (OLCC) and the Oregon Health Authority (01-IA) for set-up costs related to their responsibilities for administering the program.The amount of the loan repayment is $17 -$18 million for both OLCC and OHA.When the loan is repaid,no later than June 30,2017, cities will see an increase in the shared liquor revenue as the loans were made in part with city money. Since tax collections are about three times the legislative revenue office projections distribution to cities may occur before June 30,2017. OTHER ALTERNATIVES City Council could decide not to refer an ordinance to the voters to establish a three percent tax on retail sales of marijuana. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION September 9,2014 September 23,2014 August 18,2015 Attachments Resolution and Exhibits AgendaQuick©2005-2016 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON • TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE NOVEMBER 8, 2016 GENERAL ELECTION,THE QUESTION OF WHETHER TO ESTABLISH A THREE PERCENT TAX ON THE SALE OF MARIJUANA ITEMS BY A MARIJUANA RETAILER IN THE CITY OF TIGARD WHEREAS, Section 34a of HB 3400 (codified at ORS 475B.345) provides that a city council may adopt an ordinance to be referred to the electors of the city that imposes up to a three percent tax or fee on the sale of marijuana items by a marijuana retailer in the area subject to the jurisdiction of the City;and WHEREAS, the City Council of Tigard adopted Ordinance No._,which establishes a three percent tax or fee on the sale of marijuana items by a marijuana retailer in the city of Tigard; and WHEREAS, the City Council of Tigard,pursuant to Section 34a of HB 3400 (ORS 475B.345), desires to refer Ordinance No. to the electors of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD RESOLVES AS FOLLOWS: SECTION 1: Measure. A measure election is called in and for the City of Tigard,Washington County, Oregon,for the purpose of submitting a measure that would establish a three percent tax on the sale of marijuana items by marijuana retailers in the city of Tigard. A copy of the measure is attached and incorporated as "Exhibit 1." SECTION 2: Election Conducted by Mail. The measure election shall be held on Tuesday, November 8,2016,which is the next general election. The precinct for the election shall be all of the territory within the corporate limits of the City of Tigard. As required by ORS 254.465, the measure election will be conducted by mail by the Washington County Elections Department,according to the procedures adopted by the Oregon Secretary of State. SECTION 3: Notice of Ballot Title.The City Elections Officer is directed to publish notice of receipt of the ballot title in the Tigard Times or The Oregonian in compliance with ORS 250.275(5). SECTION 4: Ballot Title. Pursuant to ORS 250.285 and ORS 254.095,the Tigard City Council directs the City Elections Officer to file a notice of City Measure Election in substantially the form of Exhibit 2,with the Washington County Elections Office, unless,pursuant to a valid ballot title challenge, the Tigard City Council certifies a RESOLUTION No. 16- Page 1 different Notice of City Measure Election be filed, such filing shall occur no earlier than the eighth business day after the date on which Exhibit A is filed with the city elections officer and not later than September 8, 2016. SECTION 5: Explanatory Statement.The explanatory statement for the measure, for publication in the county voters'pamphlet,which is attached and incorporated as "Exhibit 3," is approved; said statement shall be filed with the Washington County Elections Office at the same time the Notice of City Measure Election is filed by the City Elections Officer. SECTION 6: Delegation. The Tigard City Council authorizes the City Manager or a designee of the City Manager to act on behalf of the city of Tigard and to take such further action as is necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 7: Effect of"Yes"Vote. If a majority of eligible voters vote "yes" on the measure, Ordinance No. will become operative, and a three percent tax will be imposed on the sale of marijuana items by marijuana retailers in the corporate limits of the City of Tigard. SECTION 8: This resolution is effective immediately upon passage. PASSED this day of ,2016. John L. Cook, Mayor A F1'LST: Carol A. Krager, City Recorder RESOLUTION No. 16- Page 2 Exhibit 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16- AN ORDINANCE ESTABLISHING A THREE PERCENT TAX ON THE SALE OF MARIJUANA ITEMS BY A MARIJUANA RETAILER IN THE CITY OF TIGARD WHEREAS,Section 34a of House Bill 3400(2015) (codified at ORS 475B.345)provides that a city council may adopt an ordinance to be referred to the voters that imposes up to a three percent tax or fee on the sale of marijuana items by a marijuana retailer in the area subject to the jurisdiction of the city;and WHEREAS,the Tigard City Council wishes to exercise that power to tax the sale of marijuana items by a marijuana retailer in the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECT ION 1: Tigard Municipal Code is amended by adding a new Chapter 3.80,Marijuana Tax, to read as attached in Exhibit A. SECTION 2: Severability.The sections,subsections,paragraphs and clauses of this ordinance or any intergovernmental agreement with any department or agency of the State of Oregon are severable.The invalidity of one section,subsection,paragraph,or clause shall not affect the validity of the remaining sections,subsections, paragraphs and clauses. SECTION 3: Savings.Notwithstanding any amendment/repeal,the City ordinances in existence at the time any criminal or civil enforcement actions were commenced,shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative.This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4: Intergovernmental Cooperation. After the effective date of this ordinance,the City may enter into an agreement whereby the State of Oregon is responsible for the administration, collection,distribution or enforcement of the tax authorized under this chapter,either in full or in part,without needing to obtain voter approval. SECTION 5: Tigard Municipal Code Chapter 3.70 is hereby repealed,as of the effective date of this ordinance. SECTION 6: This ordinance shall be referred to the electors of Tigard at the next statewide general election on Tuesday,November 8,2016. SECTION 7: This ordinance shall be effective upon certification by the County Elections official that it has received voter approval at an election conducted on November 8,2016. PASSED: By vote of all Council members present after being read by number and title only this day of ,2016. Page 3 - Ordinance No. 16- Exhibit 1 Carol A Krager,City Recorder APPROVED: Approved by Tigard City Council this day of ,2016. John L. Cook,Mayor Approved as to form: City Attorney Page 4-Ordinance No. 16- Exhibit A for a marijuana item, excluding tax, to a Chapter 3.80 MARIJUANA TAX marijuana retailer by or on behalf of a consumer of the marijuana item. Sections: D. "Marijuana item"has the meaning 3.80.010 Purpose given that term in ORS 475B.015(16). 3.80.015 Definitions 3.80.020 Tax Imposed E. Person" means natural person, 3.80.025 Amount and Payment, joint venture, joint stock company, Deductions partnership, association,club,company, 3.80.030 Marijuana Retailer corporation,business, trust,organization,or any Responsible for Payment group or combination acting as a unit,including of Tax the United States of America,the State of 3.80.035 Penalties and Interest Oregon and any political subdivision thereof,or 3.80.040 Appeal the manager,lessee,agent, servant, officer or 3.80.045 Refunds employee of any of them. 3.80.050 Actions to Collect 3.80.055 Violation F. Retail sale" or "Sale" means the 3.80.060 Confidentiality exchange, gift or barter of a marijuana item by 3.80.065 Audit of Books, Records, any person to a consumer. or Persons 3.80.070 Forms and Regulations G. "Marijuana retailer" means any 3.80.075 Intergovernmental person who is required to be licensed or Agreement registered or has been licensed or registered by the State of Oregon to provide marijuana 3.80.010 Purpose items to consumers for money, credit,property or other consideration. The purpose of this chapter is to impose a three percent tax upon the retail sale of H. "Tax" means either the tax payable marijuana items by marijuana retailers in the by the marijuana retailer or the aggregate City of Tigard. amount of taxes due from a marijuana retailer during the period for which the marijuana 3.80.015 Definitions retailer is required to report collections under this chapter. As used in this ordinance, unless the context requires otherwise: I. "Taxpayer"means any person obligated to account to the Director for taxes collected or to be collected, or from whom a A. "Consumer" means a person who tax is due,under the terms of this chapter. purchases, acquires, owns, holds or uses marijuana items other than for the purposes of resale. 3.80.020 Tax Imposed B. "Director" means the Director of A tax is hereby levied and shall be paid by Finance for the City of Tigard or his or her every marijuana retailer exercising the taxable designee. privilege of selling marijuana items as defined in this chapter. The Director is authorized to C. "Retail sale price" means the price paid exercise all supervisory and administrative powers with regard to the enforcement, Exhibit A —Page 1 Exhibit A collection,and administration of the tax. C. At the time the return is filed,the full amount of the tax collected shall be remitted to 3.80.025 Amount and Payment, the City. Deductions D. Payments shall be applied in the order of In addition to any fees or taxes otherwise the oldest liability first,with the payment credited provided for by law,every marijuana retailer first toward any accrued penalty,then to engaged in the sale of marijuana items in the interest,then to the underlying tax until the City of Tigard shall pay a tax of three percent payment is exhausted. Crediting of a payment (3%) of the retail sale price paid to the toward a specific reporting period will be first marijuana retailer of marijuana items. The tax applied against any accrued penalty, then to shall be collected at the point of sale of a interest,then to the underlying tax. If the marijuana item by a marijuana retailer at the Director,in his or her sole discretion,determines time at which the retail sale occurs and remitted that an alternative order of payment application by each marijuana retailer that engages in the would be in the best interest of the City in a retail sale of marijuana items. particular tax or factual situation, the Director may order such a change. The Director may 3.80.030 Marijuana Retailer Responsible establish shorter reporting periods for any for Payment of Tax marijuana retailer if the Director deems it necessary in order to ensure collection of the A. Every marijuana retailer shall obtain a tax.The Director also may require additional business license from the City of Tigard information in the return relevant to payment pursuant to TMC 5.04. The marijuana of the liability. When a shorter return period is retailer will indicate on the business license required,penalties and interest shall be application whether the marijuana retailer is computed according to the shorter return licensed by or registered with the State of period. Returns and payments are due Oregon to provide marijuana items to immediately upon cessation of business for any consumers for money, credit,property or reason.All taxes collected by marijuana retailers other consideration. pursuant to this chapter shall be held in trust for the account of the City until payment is B. Every marijuana retailer shall, on or made to the City.A separate trust bank account before the last day of the month following the is not required in order to comply with this end of each calendar quarter(in the months of provision. April,July,October and January)make a return to the Director,on forms provided by the City, E. Every marijuana retailer must keep and specifying the total sales subject to this chapter preserve,in an accounting format established by and the amount of tax collected under this the Director,records of all sales made by the chapter. The marijuana retailer may request,or dispensary and such other books or accounts as the City may establish, shorter reporting periods may be required by the Director for a period of for any marijuana retailer if the marijuana three (3)years or until all taxes associated with retailer or City deems it necessary in order to the sales have been paid,whichever is longer. ensure collection of the tax and the City may The City shall have the right to inspect all such require further information in the return records at all reasonable times. relevant to payment of the tax.A return shall not be considered filed until it is actually 3.80.035 Penalties and Interest received by the Director. A. Any marijuana retailer who fails to remit any portion of any tax imposed by this Exhibit A—Page 2 Exhibit A chapter within the time required shall pay a 1.17. Any amount found to be due shall be penalty of ten percent (10%) of the amount immediately due and payable upon the service of the tax,in addition to the amount of the tax. of notice. B. If the City determines that the 3.80.045 Refunds nonpayment of any remittance due under this chapter is due to fraud,a penalty of twenty-five A. Whenever the amount of any tax, percent(25%) of the amount of the tax shall be interest or penalty has been overpaid or paid added thereto in addition to the penalties stated more than once,or has been erroneously in subparagraphs 1 and 3 of this section. collected or received by the City under this chapter,it may be refunded as provided in C. In addition to the penalties imposed,any subparagraph 2 of this section,provided a marijuana retailer who fails to remit any tax claim in writing, stating under penalty of imposed by this chapter shall pay interest at the perjury the specific grounds upon which the rate of one percent (1%)per month or fraction claim is founded,is filed with the Director thereof on the amount of the tax,exclusive of within one (1) year of the date of payment. penalties,from the date on which the remittance The claim shall be on forms furnished by the first became delinquent until paid. City. D. Penalties imposed,and such interest as B. The Director shall have twenty(20) accrues for violation of this chapter are separate calendar days from the date of receipt of a claim from,and in addition to,the tax imposed on the to review the claim and make a determination sale of marijuana items. in writing as to the validity of the claim. The Director shall notify the claimant in writing of E. All sums collected pursuant to the the Director's determination. Such notice shall penalty provisions in this section shall be be mailed to the address provided by claimant distributed to the City of Tigard General Fund on the claim form. In the event a claim is to offset the costs of auditing and enforcement determined by the Director to be a valid claim, of this tax. in a manner prescribed by the Director a marijuana retailer may claim a refund, or take 3.80.040 Appeal as credit against taxes collected and remitted, Any marijuana retailer aggrieved by any the amount overpaid,paid more than once or erroneously collected or received. The decision of the Director with respect to the marijuana retailer shall notify Director of amount of such tax,interest and penalties,if claimant's choice no later than fifteen (15) any,may appeal pursuant to the Appeals to days following the date Director mailed the Civil Infractions Hearings Officer in Chapter determination. In the event claimant has not 1.17 of this code, except that the appeal shall notified the Director of claimant's choice within be filed within thirty (30) days of the serving or the fifteen (15) day period and the marijuana mailing of the determination of tax due.The retailer is still in business, a credit will be hearings officer shall hear and consider any granted against the tax liability for the next records and evidence presented bearing upon the Director's determination of amount due, reporting period. If the marijuana retailer is no longer in business,a refund check will be mailed and make findings affirming,reversing or to claimant at the address provided in the claim modifying the determination.The findings of the hearings officer shall be final and form. conclusive,and shall be served upon the appellant in the manner prescribed in Chapter Exhibit A—Page 3 Exhibit A C. No refund shall be paid under the 2. Fail or refuse to furnish provisions of this section unless the any return required to be claimant established the right by written made; records showing entitlement to such refund and the Director acknowledged the 3. Fail or refuse to permit validity of the claim. inspection of records; 3.80.050 Actions to Collect 4. Fail or refuse to furnish a supplemental return or other Any tax required to be paid by any data required by the City; marijuana retailer under the provisions of this chapter shall be deemed a debt owed by 5. Render a false or the marijuana retailer to the City.Any such fraudulent return or claim; or tax collected by a marijuana retailer which 6. Fail, refuse or neglect to has not been paid to the City shall beg deemed a debt owed by the marijuana remit the tax to the city by the retailer to the City. Any person owing due date. money to the City under the provisions of B. Filing a false or fraudulent this chapter shall be liable to an action return shall be considered a Class B brought in the name of the City of Tigard misdemeanor, subject to Chapter for the recovery of such amount. In lieu of 7.28.020 of this code, Unsworn filing an action for the recovery,the City of Falsification. The remedies provided Tigard,when taxes due are more than 30 by this section are not exclusive and (thirty) days delinquent,can submit any shall not prevent the City from outstanding tax to a collection agency. So exercising any other remedy available long as the City of Tigard has complied under the law,nor shall the provisions with the provisions set forth in ORS of this ordinance prohibit or restrict 697.105,in the event the City turns over a the City or other appropriate delinquent tax account to a collection prosecutor from pursuing criminal agency,it may add to the amount owing an charges under state law or City amount equal to the collection agency fees, ordinance. not to exceed the greater of fifty dollars ($50.00) or fifty percent(50%) of the outstanding tax,penalties and interest owing. 3.80.060 Confidentiality 3.80.055 Violation Except as otherwise required by law, it shall be unlawful for the City,any A. Violation of this chapter shall officer,employee or agent to divulge, constitute a Class 1 civil infraction which release or make known in any manner shall be processed according to the any financial information submitted or procedures established in Chapter 1.16 of disclosed to the City under the terms of this code, Civil Infractions. It is a violation this chapter. Nothing in this section shall of this chapter for any marijuana retailer or prohibit other person to: A. The disclosure of the names and 1. Fail or refuse to comply as addresses of any person who is operating a required herein; licensed establishment from which Exhibit A—Page 4 Exhibit A marijuana items are sold or provided;or invoices, accounts and other records shall be made available within the City limits B. The disclosure of general statistics in and be open at any time during regular a form which would not reveal an business hours for examination by the individual marijuana retailer's financial Director or an authorized agent of the information;or Director. C. The disclosure of information to any B. If the examinations or state agency related to the licensing or investigations disclose that any reports of registration of the marijuana retailer or when marijuana retailers filed with the Director required to carry out any part of this chapter. pursuant to the requirements herein have shown incorrectly the amount of tax D. Presentation of evidence to the accruing, the Director may make such court, or other tribunal having jurisdiction changes in subsequent reports and in the prosecution of any criminal or civil payments, or make such refunds, as may claim by the City or an appeal from the City be necessary to correct the errors for amount due the City under this chapter; disclosed by its examinations or or investigations. E. The disclosure of information when C. The marijuana retailer shall such disclosure of conditionally exempt reimburse the City for reasonable costs of information is ordered under public records the examination or investigation if the law procedures;or action disclosed that the marijuana retailer paid 95 percent or less of the tax F. The disclosure of records related to owing for the period of the examination a business' failure to report and remit the or investigation. In the event that such tax when the report or tax is in arrears for examination or investigation results in an over six(6)months or the tax exceeds five assessment by and an additional payment thousand dollars ($5,000).The City Council due to the City, such additional payment expressly finds and determines that the shall be subject to interest at the rate of 1 public interest in disdosure of such records percent per month, or the portion clearly outweighs the interest in thereof, from the date the original tax confidentiality under ORS 192.501(5). payment was due. 3.80.065 Audit of Books,Records, or Persons D. If any taxpayer refuses to voluntarily furnish any of the foregoing information when requested,the City may A. The City, for the purpose of determining the correctness of any tax immediately seek a subpoena from the return,or for the purpose of an estimate Tigard Municipal Court to require that the of taxes due, may examine or may cause taxpayer or a representative of the to be examined by an agent or taxpayer attend a hearing or produce any such books, accounts and records for representative designated by the City for that purpose, any books, papers, records, examination. or memoranda,including copies of E Every marijuana retailer shall keep marijuana retailer's state and federal income a record in such form as may be prescribed tax return,bearing upon the matter of the by the City of all sales of marijuana items. marijuana retailer's tax return. All books, The records shall at all times during the Exhibit A—Page 5 Exhibit A business hours of the day be subject to inspection by the City or authorized officers or agents of the Director. F. Every marijuana retailer shall maintain and keep,for a period of three (3) years,or until all taxes associated with the sales have been paid,whichever is longer, all records of marijuana items. 3.80.070 Forms and Regulations The Director is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment,assessment and collection of said marijuana tax and in particular and without limiting the general language of this chapter,to provide for: A. A form of report on sales and purchases to be supplied to all vendors; and B. The records which marijuana retailers are to keep concerning the tax imposed by this chapter. 3.80.075 Intergovernmental Agreement The City Council may enter into an IGA with any department or agency of the State of Oregon whereby the State is responsible for the administration, collection, distribution, or enforcement of the tax authorized under this chapter, either in full or in part. The terms of that agreement shall apply in lieu of and shall supersede conflicting provisions of this chapter but shall not be construed as repealing any provision of this chapter. Exhibit A—Page 6 EXHIBIT 2 Notice of Measure Election SEL 802 rev 1/14: ORS 250.035,250.041, City 250.275, 250.285,254.095,254.465 Notice Date of Notice Name of City or Cities Date of Election City of Tigard November 8,2016 The following is the final ballot title of the measure to be submitted to the city's voters. Final Ballot Title Notice of receipt of ballot title has been published and the ballot title challenge process has been completed. Caption 10 words which reasonably identifies the subject of the measure Imposes city tax on marijuana retailer's sale of marijuana items Question 20 words which plainly phrases the chief purpose of the measure Shall City impose a three percent tax on the sale of marijuana items by a marijuana retailer in the City? Summary 175 words which concisely and impartially summarizes the measure and its major effect Under state law, a city council may adopt an ordinance to be referred to the voters of the city imposing up to a three percent tax or fee on the sale of marijuana items in the city by a licensed marijuana retailer. If this measure is adopted,it would approve a Tigard Ordinance imposing a three percent tax on the sale of marijuana items in the city by a licensed marijuana retailer. The tax would be collected at the point of sale and remitted by the marijuana retailer. The measure also includes provisions regarding collection,administration and enforcement of the tax. Explanatory Statement 500 words that impartially explains the measure and its effect,if required attach to this form If the county is producing a voters'pamphlet an explanatory statement must be submitted for any measure referred by the city governing body and if required by local ordinance, for any initiative or referendum. Measure Type County producing voters' Local ordinance requiring Explanatory statement pamphlet submission required ® Referral Z Yes p No Not applicable ®Yes ❑ No ❑ Initiative ❑Yes ❑ No ® Yes ❑ No ❑Yes n No ❑ 0 Yes ❑ No p Yes ❑ No n Yes n No Referendum Authorized City Official Not required to be notarized -� By signing this document, I hereby state that I am authorized by the city to submit this Notice of Measure Election and I certify that notice of receipt of ballot title has been published and the ballot title challenge process for this measure completed. Name I Title Work Phone Signature Date Signed Exhibit 2, Page 1 of 1 50015-36842 6.9.16 Tigard Recreational Maryuana Tax Referral REFORMATTED.docx\CAK/7/5/1016 EXHIBIT 3 EXPLANATORY STATEMENT Under measure 91,adopted by the Oregon voters in November 2014, and amended by the Legislature in 2015,the Oregon Liquor Control Commission must license the retail sale of recreational marijuana. The 2015 Legislation provides that a city council may adopt an ordinance imposing up to a three percent tax on the sale of marijuana items (which include marijuana concentrates,extracts, edibles,and other products intended for human consumption and use) by retail licensees in the city,but the council must refer that ordinance to the voters at a statewide general election. The City of Tigard City Council has adopted an ordinance imposing a three percent tax on the sale of marijuana items by a marijuana retailer in the city,and,as a result,has referred this measure to the voters. If this measure is adopted,it would approve City of Tigard Ordinance No. imposing a three percent tax on the sale of marijuana items in the city by a licensed marijuana retailer. The tax would be collected at the point of sale and remitted by the marijuana retailer. The measure also includes provisions regarding collection,administration and enforcement of the tax. There are no restrictions on how the city may use the revenues generated by this tax. Exhibit 3,Page 1 of 1 50015-36842 6_9_16 Tigard Recreational Marijuana Tax Referral REFORMATTED.doce cAK/7/5/X116 City of Tigard, Oregon Affidavit of Posting 41 In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) being first duly sworn, by oath, depose and say: I posted in the following public and conspicuous places, a copy of Ordinance Number(s) / (P-/ 3 , which were adopted at the City Council meeting of 7-/--X-/(- , with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the l 3 hday of J�C/ , 20�. 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon f:�t.lJ1 Signature of rson who Arforrfied Posting Subscribed and sworn before me this /,3 qday of In, 2014 by ., OFFICIAL STAMP CAROL ANN KRAGER Notary Public - State of Orego NOTARY PUBLIC - OREGON COMMISSION NO. 924954 MY COMMISSION EXPIRES FEBRUARY 10,2018 I:\ADM\CITY RECORDERS\FORMS\AFFIDAVIT OF POSTING-ORDINANCE.DOC