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City Council Packet - 09/13/2016 IICity of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: September 13,2016- 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 beard 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 (1'DD -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 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. N . • City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: September 13,2016 - 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 6:35 p.m. estimated time B. RECEIVE BRIEFING ON AN IGA WITH ODOT FOR DESIGN AND CONSTRUCTION OF NEW SECTIONS OF FANNO CREEK TRAIL 6:45 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 High School Student Envoy C. Tigard Area Chamber of Commerce D. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council&Local Contract Review Board) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action.Motion to: 7:35 p.m. estimated time A. RECEIVE AND FILE: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. APPROVE CITY COUNCIL MINUTES: *June 14,2016 •June 28,2016 C. PROCLAIM CONSTITUTION WEEK D. PROCLAIM NATIONAL PREPAREDNESS MONTH E. PROCLAIM SEPTEMBER-DECEMBER 2016 A TIME TO CELEBRATE THE 40th ANNIVERSARY OF WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES F. CONSIDER RESOLUTION WAIVING 1'hMPORARY SIGN PERMIT FEES FOR TIGARD BASKETBALL ASSOCIATION •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/CIO Center Development Agency has voted on those items which do not need discussion. 4. RECEIVE STATE OF THE DISTRICT PRESENTATION FROM TVF&R 7:45 p.m. estimated time 5. LEGISLATIVE PUBLIC HEARING: CONSIDER CHANGES TO TIGARD MUNICIPAL CODE CHAPTER 12 8:00 p.m. estimated time 6. CONSIDER ISSUING A CONTRACT FOR PUBLIC OUTREACH AND MESSAGING 8:15 p.m. estimated time 7. DISCUSSION ON UPCOMING CONTRACTS 8:25 p.m. estimated time 8. CONSIDERATION OF CONTRACT AWARD FOR GREENFIELD DRIVE AND RIDGEFIELD LANE WATER QUALITY FACILITIES REPAIRS 8:45 p.m. estimated time 9. CITY PRIORITIES DISCUSSION: SCOPING A LOCAL OPTION LEVY AND FACILITIES BOND PROPOSAL 8:50 p.m. estimated time 10. NON AGENDA ITEMS 11. 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. 12. ADJOURNMENT 9:10 p.m. estimated time II City of Tigard Tigard City Council Meeting Agenda TIGARD September 13, 2016 CITY COUNCIL STUDY SESSION A. COUNCIL LIAISON REPORTS 6:35 p.m. estimated time B. RECEIVE BRIEFING ON AN IGA WITH ODOT FOR DESIGN AND CONSTRUCTION OF NEW SECTIONS OF FANNO CREEK TRAIL 6:45 p.m. estimated time Administrative Items: 1. Discuss possible dates for Council Groundrules and Goal Setting (Need to select 2): a. Tuesday, November 29 from 4-7 pm b. Wednesday, November 30 from 4-7 pm c. Thursday, December 15 from 4-7 pm Council Meeting Calendar 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 21 Wednesday Council Fall Outreach, Summerfield Clubhouse (6-8 p.m.) 27* Tuesday Council Business Meeting-6:30 p.m., Town Hall October 4 Tuesday City Center Development Agency Meeting - 6:30 p.m., Town Hall 11* Tuesday County Business Meeting-6:30 p.m., Town Hall 18 Tuesday Council Workshop Meeting-6:30 p.m., Town Hall 25" Tuesday Council Business Meeting- 6:30 p.m., Town Hall November 1 Tuesday City Center Development Agency Meeting-6:30 p.m., Town Hall 11" Tuesday County Business Meeting-6:30 p.m., Town Hall 18 Tuesday Council Workshop Meeting- 6:30 p.m., Town Hall 25" Tuesday Council Business Meeting-6:30 p.m., Town Hall Regularly scheduled Council meetings are marked with an asterisk (*). AIS-2389 B. Business Meeting Meeting Date: 09/13/2016 Length (in minutes): 10 Minutes Agenda Title: Receive Briefing on an IGA with ODOT for Design and Construction of New Sections of Fanno Creek Trail Prepared For: Mike McCarthy Submitted By: Judy Lawhead, Public Works Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Briefing on an intergovernmental agreement(IGA) with the Oregon Department of Transportation (ODOT) for design and construction of new sections of the Fanno Creek Trail. STAFF RECOMMENDATION / ACTION REQUEST No action required; council will be asked to formally consider the agreement at a future meeting. KEY FACTS AND INFORMATION SUMMARY This project will design and construct four sections of the Fanno Creek Trail: 1) New trail from Woodard Park to Grant Avenue 2) Replacement trail from Ash Avenue to Hall Boulevard 3) New trail from the Tigard Library to Bonita Road 4) New trail from 85th Ave to the Ki-a-Kuts bridge to Tualatin Federal Congestion Mitigation and Air Quality(CMAQ) funds have been allocated via Metro for this project. Projects using these funds must be administered by a federally-approved agency which,in Oregon,is the Oregon Department of Transportation (ODOT). The IGA outlines how the city and ODOT will work together to deliver this project. Key terms of the agreement are: 1) ODOT will contract directly with the design firm and construction company, and will administer their contracts. 2) ODOT will submit requests for and receive the federal funds for this project; federal funds will not flow through city books. 3) All work on this project must be done in accordance with all federal and state laws,processes,and procedures. 4) The city and ODOT will work together to manage the project; ODOT's primary role will be to ensure the appropriate federal, state,etc. requirements are met. 5) $4,350,000 of federal Congestion Mitigation and Air Quality (CMAQ) funds are allocated for this project. 6) The city's required match is 10.27% of the total project cost of$4,847,877,which is $497,877.This will be paid at the beginning of each project phase (design,right-of-way acquisition,and construction) based on 10.27% of the estimated cost of that phase. This is budgeted as CIP project# 92046. 7) The city is responsible for cost overruns. 8) Once constructed,the trail will be under the jurisdiction of and maintained by the city. The city attorney has completed a legal review of this agreement and found no reason to object to signing it. The project is scalable - options are available to reduce its scope if necessary to stay within budget. Note: The section of Fanno Creek Trail from Main Street to Ash Avenue will be reconstructed by a separate project to be done in conjunction with a Clean Water Services project to're-meander' Fanno Creek in that area. OTHER ALTERNATIVES Council could propose changes to the agreement or could decide not to approve the agreement. Should the council decide not to approve the agreement, the project would not move forward and the trail would not get built. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Completion of this trail project will be a significant step towards the vision of Tigard as the most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives. This is project number 92046 in the city's adopted Capital Improvement Plan,and includes high-priority projects in the city's Greenway Trails Plan,Transportation System Plan,Fanno Creek Park Master Plan,and Downtown Connectivity Plan. DATES OF PREVIOUS CONSIDERATION Council authorized the grant application for this project on February 12,2013. Fiscal Impact Cost: $497,877 Budgeted (yes or no): yes Where Budgeted (department/program): CIP 92046 Additional Fiscal Notes: The required match is $497,877,which is 10.27% of the project cost. Matching funds will need to be paid at the start of each phase of the project based on the cost of work to be done in that phase. Capital Improvement Plan project number 92046 includes $1,111,342 of Parks SDC funds for this project,which includes the matching funds to be paid under this agreement. The federal CMAQ funds for this project will go directly to ODOT and will not flow through the city's accounting system. Attachments IGA For Signature Misc. Contracts and Agreements No. 31030 LOCAL AGENCY AGREEMENT CONGESTION MITIGATION AND AIR QUALITY PROGRAM Fanno Creek Trail: Woodard Park-Bonita Rd/85th Ave-Tualatin Br. THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State," and the Portland Urbanized Area Metropolitan Planning Organization, acting by and through its elected officials, hereinafter referred to as "Metro," and the CITY OF TIGARD, acting by and through its elected officials, hereinafter referred to as "Agency," herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities, and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2. The Fanno Creek Trail is part of the Metro Regional trail system. It serves as the main north-south cycling and walking route in this portion of the Metro area and is the parallel cycling and walking route to Interstate 5 and OR217. The sections from Woodard Park to Bonita Road and from 85th Avenue to the Tualatin River (Ki-a-Kuts) Bridge are under the jurisdiction of Agency. 3. A portion of this trail will be constructed on property currently owned by Metro. NOW THEREFORE the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: DEFINITIONS 1. "Contract Award" (construction projects) means the issuance of a Notice to Proceed (NTP) to the construction contractor. 2. "Contract Time" means amount of time for completing the bid item work under the contract. 3. "Establishment Period" means the time specified to assure satisfactory establishment and growth of planted materials. 4. "Final Acceptance" means written confirmation by Agency and State that the project has been completed according to the contract, with the exception of latent defects and warranty obligations, if any, and has been accepted. 5. "Final Payment" the amount of final payment will be the difference between the total amount due the contractor and the sum of all payments previously made. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. 6. "Obligation" means approval of funding that allows a project to commence with spending. Key No. 19327 State/Agency/Metro Agreement No. 31030 7. "Project Close-Out" means project is ready to close as there are no more expenditures associated with project. 8. "Second Notification" means written acknowledgment by the Engineer of the end of Contract Time in accordance with ODOT Standard Specification 000180.50(g). 9. "Third Notification" written acknowledgment by the Engineer, subject to Final Acceptance, that as of the date of the notification the Contractor has completed the Project according to the Contract, including without limitation completion of all minor corrective work, Equipment and plant removal, site clean-up, and submittal of all certifications, bills, forms and documents required under the Contract. TERMS OF AGREEMENT 1. Under such authority, State, Agency and Metro agree to State constructing approximately 8,800 feet of paved shared-use path at four (4) sections of the Fanno Creek Trail, including bridges and boardwalk structures, and mitigation, hereinafter referred to as "Project." The location of the Project is approximately as shown on the map attached hereto, marked "Exhibit A — Project Location Maps 1 and 2," and by this reference made a part hereof. 2. This Project shall be conducted as a part of the Congestion Mitigation and Air Quality (CMAQ) Program under Title 23, United States Code. The total Project cost is estimated at $4,847,877, which is subject to change. The CMAQ funds are limited to $4,350,000. The Project will be financed with CMAQ funds at the maximum allowable federal participating amount, which is 89.73 percent, with Agency providing the 10.27 percent match for eligible costs and paying for any non-participating costs, including all costs in excess of the available federal funds. Agency is not guaranteed the use of unspent funds. Moving funds between phases requires the approval of State's CMAQ Program Manager. 3. The scope, schedule, progress report requirements, and Project Change Request process are described in Exhibit B, attached hereto and by this reference made a part hereof. Agency agrees to the conditions set forth in Exhibit B. 4. Metro grants State and Agency the right to enter onto Metro property for the performance of duties as set forth in this Agreement. Agency grants State the right to enter onto Agency property for the performance of duties as set forth in this Agreement. 5. State will submit the requests for federal funding to the Federal Highway Administration (FHWA). The federal funding for this Project is contingent upon approval of each funding request by FHWA. Any work performed prior to acceptance by FHWA or outside the scope of work will be considered nonparticipating and paid for at Agency expense. 6. Agency shall comply with the requirements of Buy America 23 CFR 635.410. 7. State considers Agency a subrecipient of the federal funds it receives as reimbursement under this Agreement. The Catalog of Federal Domestic Assistance (CFDA) number and title for this Project is 20.205, Highway Planning and Construction. 2 State/Agency/Metro Agreement No. 31030 8. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate upon completion of the Project and final payment or ten (10) calendar years following the date all required signatures are obtained, whichever is sooner. 9. Agency shall require its contractor(s) and subcontractor(s) that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation and its officers, employees and agents from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys' fees, arising from a tort, as now or hereafter defined in ORS 30.260, caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Agency's contractor or any of the officers, agents, employees or subcontractors of the contractor ("Claims"). It is the specific intention of the Parties that State shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of State, be indemnified by the contractor and subcontractor from and against any and all Claims. 10. Any such indemnification shall also provide that neither Agency's contractor and subcontractor nor any attorney engaged by Agency's contractor and subcontractor shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at any time at its election assume its own defense and settlement in the event that it determines that Agency's contractor is prohibited from defending the State of Oregon, or that Agency's contractor is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have against Agency's contractor if the State of Oregon elects to assume its own defense. 11. This Agreement may be terminated by mutual written consent of the Parties. 12. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its 3 State/Agency/Metro Agreement No. 31030 reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or if State is prohibited from paying for such work from the planned funding source. 13. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 14. Information required by 2 CFR 200.331(a), except for (xiii) Indirect cost rate, shall be contained in the USDOT FHWA Federal Aid Project Agreement for this Project, a copy of which shall be provided by State to Agency with the Notice to Proceed. The indirect cost rate for this project, at the time the agreement is written, is 156 percent and may change upon notice to State and State's subsequent written approval. Agency may have other indirect cost rates for departments and or disciplines that have been approved for use by their cognizant agency and State and these rates may be used on the Project, as applicable. 15. Agency and Metro shall each separately, upon completion of the Project and as a condition to this Agreement, complete and file with the appropriate County Clerk, "Memorandum of Agreement and Acknowledgment of Federal Assistance," substantially in the form of Exhibit C attached hereto and by this reference made a part hereof. Agency and Metro shall each provide confirmation of this filing by forwarding to State's Contact a notarized copy of the recorded Memorandum of Agreement and Acknowledgment of Federal Assistance. By means of said acknowledgment of Agency financial obligations, the continued use of said property for public purposes, and the maintenance of the facility or service at a level consistent with normal depreciation or demand or both is recognized and attached to the property as conditions. Any interest in said property by State is proportional to the federal state funding participation in Project. While in default of conditions of this Agreement, Agency will be ineligible to receive federal or state funds from any Active Transportation managed administered program for any project on a street, road or property. The Memorandum of Agreement and Acknowledgment of Federal Assistance shall remain in place for the useful life of Project identified in the Special Provisions. State acknowledges that such interest shall not be deemed a lien, mortgage, deed of trust or other security instrument or interest granted by Agency and Metro for security purposes. 16. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The Parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. 17. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency's breach of any federal statutes, rules, program 4 State/Agency/Metro Agreement No. 31030 requirements and grant provisions applicable to the federal funds, and shall, upon Agency's breach of any such conditions that requires the State to return funds to FHWA, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement. 18. The Parties hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 19. Agency and Metro certify and represent that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency or Metro, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 20. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 21. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. 22. State's Project Manager for the Agreement is Michele Thom, Local Liaison, 123 NW Flanders, Portland, OR 97209, 503-731-8279, Michele.r.thomodot.state.or.us or assigned designee upon individual's absence. State shall notify the other Parties in writing of any contact information changes during the term of this Agreement. 23. Agency's Project Manager for this Agreement is Mike McCarthy, Project Manager, 13125 SW Hall Blvd., Tigard, OR 97223, 503-718-2462, mikem a(�tigard-or.gov or assigned designee upon individual's absence. Agency shall notify the other Parties in writing of any contact information changes during the term of this Agreement. 24. Metro's Contact for this Project is Robert Spurlock, Senior Regional Planner, 600 NE Grand Ave, Portland, OR, 97232, (503) 813-7560, Robert.Spurlock(a).oregonmetro.gov, or assigned designee upon individual's absence. Agency shall notify the other Parties in writing of any contact information changes during the term of this Agreement. 5 State/Agency/Metro Agreement No. 31030 THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Project is in the 2015-2018 Statewide Transportation Improvement Program (STIP), (Key #19327) that was adopted by the Oregon Transportation Commission on December 18, 2014 (or subsequently by amendment to the STIP). SIGNATURE PAGE TO FOLLOW 6 State/Agency/Metro Agreement No. 31030 CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Highway Division Administrator Title Date Date APPROVAL RECOMMENDED APPROVED AS TO LEGAL SUFFICIENCY By Region 1 Manager By City Attorney Date Date By CMAQ Program Manager or Agency Contact: Active Transportation Section Manager Mike McCarthy, Project Manager 13125 SW Hall Blvd. Date Tigard, OR 97223 503-718-2462 By mikem(c�tigard-or.qov Region 1 Project Services Manager METRO, by and through its elected Date officials APPROVED AS TO LEGAL By SUFFICIENCY Title By Assistant Attorney General APPROVED AS TO LEGAL SUFFICIENCY Date By State Contact: Metro Counsel Oregon Dept. of Transportation Michele Thom, Local Liaison Date 123 NW Flanders Metro Contact: Portland, OR 97209 Robert Spurlock, Senior Regional Planner 503-731-8279 600 NE Grand Ave Michele.r.thom©odot.state.or.us Portland, OR, 97232 (503) 813-7560 Robert.Spurlock(a�oregonmetro.gov 7 State/Agency/Metro Agreement No. 31030 EXHIBIT A— Project Location Map 1 of 2 7AV 159 MS p o Go Y 0 i ¢ 0. 3 p 3AV (IN a o 79MS - SQ 4.,W 6 3 R 0 4 Si '. C — _ C t ¢ 3AV O2159 MS g N. i k, 8 3AV 111V9 MS p !`' AMA SI G _..i 3AV H199 M$ •7 RAV HI/9 MS r' ti 3AV H153 MS tr 3AV HI 69 MS .._ , : �I_ } 3AV Hl b( MS "� En 3AV ONZL MS ,_JAV (NLI MS ., -Z p .-moi . rr O v x Q 3NA Hiti MS. 4. z ah , AD av Q O S`N �11te S W C H-R R-i l CO Ct- • 14.1 �V' g le A �y �. RAV H16L MS P q. 85.40 8 0 g A . Y ' "� r hpO� , •`O 0 J- _ SWi g j---y-rf " ji-;; . (IAMB 11V17 MS 1 r k -1 \‘'‘° GA-113 bH MS vrl 14 {f i; E F O4, R 3 A V N •e.,., ,N" 0 J n ✓! _80 ti„,,,,s, ,..,N—_,A w '.1. s. s 11 i w a a inn o @ /� ¢ V anu^" /IA H1 S6:ys ��'� - "fls!J uj ° r - n i �z:ec ,$ V NC / d _ c. 43 O�i, 4 3r. J 44s fj SN` tsF N y 1 o v er N"... o 11 X e r O ° 'Wo o a v a 8 State/Agency/Metro Agreement No. 31030 EXHIBIT A - Project Location Map 2 of 2 4, S W H V E N n _ '1 Z § • a ; Z Cr 11 1 Ui w '- U it NL:! 1;-.`I r-: r• O , " � 7 !1 ,- , N o ® 1 C J O U 6440JJ sge� 'boN s �(�y} 3AV N1SB-MS 1%• M01P:Ilti " E i A i- f - ,t 8 a` 3 1 E! a P- G `wo q. ne • 3d ex, n rs a =`q.na. • r. O H d 3AV 17NZ6 MS , O .1%. n `IF /�. 0 0. ' k o N I z 'Oa .- nS ! 0 ;. C. l: 1f N Fx Q , ,/J/ Ilikl 0 N ! , H i f 9 State/Agency/Metro Agreement No. 31030 EXHIBIT B Progress Reports and Project Change Request Process Agreement No. 31030 Key Number: 19327 Project Name: Fanno Creek Trail: Woodard Park-Bonita Rd/85th Ave-Tualatin Br. 1. Project Description The Project includes design and construction of four segments of shared-use path that are part of the regional Fanno Creek Trail system. A 12 foot wide paved path with structures is assumed for all four segments unless State determines that conditions such as environmental constraints justify a narrower section in a specific area. Path width will include a minimum one-foot shy distance along all structures with railings and in all areas with an adjacent vertical barrier. A one foot shoulder on either side of the trail will be required where no structures exist. Segment #1—Woodard Park to Grant Avenue: Approximately 1,400 feet in length. Segment #2—Ash Avenue to Hall Road: Approximately 1,800 feet in length. Segment #3—Tigard Library to Bonita Road: Approximately 4,200 feet in length. Segment #4—SW 85th Avenue to Tualatin River (Ki-a-Kuts Bridge): Approximately 1,400 feet in length. 2. This Project is subject to progress reporting and project change process as stated below. 3. Monthly Progress Reports (MPR) - Agency shall submit monthly progress reports using MPR Form 734-2862, incorporated by reference and made a part of this Agreement. The Monthly Progress Report is due by the 5th day of each month, starting the first month after execution of this Agreement, and continuing through the first month after State issues Project Acceptance (Second Note) for the Project's construction contract. The fillable MPR form and instructions are available at the following address: http://www.oregon.qov/ODOT/TD/AT/Pages/Forms Applications.aspx 4. Project Milestones – The Parties agree that the dates shown in Table 1 constitute the intended schedule for advancing and completing the Project. Project Milestones may only be changed through amendment of this Agreement, after obtaining an approved Project Change Request. 10 State/Agency/Metro Agreement No. 31030 Table 1: Project Milestones Milestone Description Completion Date 1 Obligation (Federal Authorization) of Federal funds for the December 31, 2016 Preliminary Engineering phase of the Project 2 Obligation (Federal Authorization) of Federal Funds for the September 30, 2017 Right of Way phase of the Project (if needed) 3 Obligation (Federal Authorization) of Federal for the February 28, 2019 Construction phase of the Project 5. Requirements for Construction Projects a. Second Notification —Upon completion of on-site work Second Notification shall be issued. Second Notification is further defined in Definitions. The anticipated and actual date for issuance of Second Notification shall be reported in the required monthly report as described in paragraph 3, above. b. Third Notification — Issuance of Third Notification must be received within 120 days from the issuance of Second Notification as stated above with the exception of any Establishment Period noted in the Construction Contract or any remaining responsibilities of the Contractor. If Third notification is not issued within the required timeframe, Consequences for Non-Performance, paragraph 8 below may apply. 6. Project Change Request (PCR) Process - Agency must obtain approval from State's Contact for changes to the Project's scope, schedule, or budget as specified in paragraphs 6a, 6b and 6c, below. Agency shall be fully responsible for all costs that occur outside the established Project scope, schedule or budget and prior to an approved PCR. Amendments to this Agreement are required for all approved PCRs. a. Scope - A PCR is required for any significant change or reduction in the scope of work described in the Project Description (Paragraph 1 of this Exhibit). b. Schedule — A PCR is required if Agency or State's Contact anticipate that any Project Milestone will be delayed by more than ninety (90) days, and also for any change in schedule that will require amendment of the Statewide Transportation Improvement Program (STIP). c. Budget — Total Project Cost and approved funds for the Project are controlled by Terms of Agreement paragraph 2 of this Agreement. 7. PCR Form - Agency must submit all change requests using PCR Form 734-2863, attached by reference and made a part of this Agreement. The PCR Form is due no later than thirty (30) days after the need for change becomes known to Agency. The PCR shall explain what change is being requested, the reasons for the change, and any efforts to 11 State/Agency/Metro Agreement No. 31030 mitigate the change. A Project Change Request may be rejected at the discretion State's CMAQ Program Manager. The fillable PCR form and its instructions are available at the following web site: http://www.oreqon.qov/ODOT/TD/AT/Pages/Forms Applications.aspx 8. Consequence for Non-Performance - If Agency fails to fulfill its obligations in paragraphs No. 3 through No. 7 above, or does not assist in advancing the Project or perform tasks that the Agency is responsible for under the Project Milestones, State's course of action through the duration of Agency's default may include: (a) restricting Agency consideration for future funds awarded through State's managed funding programs, (b) withdrawing unused Project funds, and (c) terminating this Agreement as stated in Terms of Agreement, Paragraph No. 12a and 12b. State may also choose to bill Agency for expenses incurred by State for staff time to assist in completion of the final project documentation and issuance of Third Notification. 12 State/Agency/Metro Agreement No. 31030 After recording, return to: EXHIBIT C MEMORANDUM OF AGREEMENT AND ACKNOWLEDGEMENT OF FEDERAL ASSISTANCE [State Recording Authority: ORS 93.710 and ORS 205.130(2)] Agreement Number: Project Name: Key Number: Local Agency Agreement No. between the (Insert Agency Name) and the State of Oregon, Department of Transportation was executed on . Pursuant to paragraph , Terms of Agreement, page of the Local Agency Agreement, upon the recording of this document, the (Insert Agency Name) received federal funds for the Project described in the Local Agency Agreement. The property and assets under the jurisdiction of the (Insert Agency Name) were improved with the assistance from the United States Government. Such assistance was provided to (Insert Agency Name), in reimbursement of costs associated with the (Insert Project Name), The use and disposition of said property is subject to the terms of the above noted Local Agency Agreement, copies of which may be obtained from the Director of ODOT and is also subject to 2 CFR part 1201. A description of the improved property is attached. (Insert Agency Name) By: (Notary Stamp) (Name of person) Title: State of Oregon: County of Signed or attested before me on by (Date) (name(s)of person(s) My commission expires on _ STATE OF OREGON, DEPARTMENT OF TRANSPORTATION By: (Notary Stamp) Title: Active Transportation Section Manager State of Oregon: County of Signed or attested before me on by (Date) (name(s) of person(s) My commission expires on Oregon Department of Transportation; 555 13th Street NE; Salem, OR 97301-4178 13 State/Agency/Metro Agreement No. 31030 ATTACHMENT NO. 1 to Agreement No. 31030 SPECIAL PROVISIONS 1. State shall be responsible for delivering all aspects of the Project. 2. State shall award and administer the construction contract and be responsible for all required materials testing and quality documentation; and Agency will prepare necessary documentation with State-qualified personnel, to allow State to make all contractor payments. Contract administration, construction engineering and inspection will follow the most current version of the ODOT Construction Manual and the ODOT Inspector's Manual. 3. Agency guarantees the availability of Agency funding in an amount required to fully fund Agency's share of the Project. 4. State may make available the State's On-Call Preliminary Engineering (PE), Design and Construction Engineering Services consultant for Local Agency Projects upon written request. If Agency chooses to use said services, Agency agrees to manage the work performed by the Consultant and reimburse State for payment of any Consultant costs that are not eligible as federal participating costs or that are not included as part of the total cost of the Project. 5. State will perform work throughout the duration of the Project and shall provide a preliminary estimate of State costs for this work. This work includes, but is not limited to, contract administration, plan review and approval, and attend meetings when necessary. Prior to the start of each Project phase State shall provide an updated estimate of State costs for that phase. Such phases generally consist of Preliminary Engineering, Right-of- Way, Utility, and Construction. Agency understands that State's costs are estimates only and agrees to reimburse State for actual cost incurred per this Agreement. 6. The Parties agree that the useful life of this Project is defined as twenty (20) years. Agency shall, at its own expense, maintain and operate the Project upon completion and throughout the useful life of the Project at a minimum level that is consistent with normal depreciation and/or service demand. 7. Metro grants State and Agency the right to enter onto Metro property for the performance of duties as set forth in this Agreement. Agency grants State the right to enter onto Agency property for the performance of duties as set forth in this Agreement. 8. Agency shall, prior to State's award of the contract, obtain or assist State in obtaining all necessary permissions from Metro allowing State to perform work on Metro's facility. 14 State/Agency/Metro Agreement No. 31030 ATTACHMENT NO. 1 FEDERAL STANDARD PROVISIONS PROJECT ADMINISTRATION 1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will act for Agency in other matters pertaining to the Project. Prior to taking such action, State will confer with Agency concerning actions necessary to meet federal obligations. Agency shall, if necessary, appoint and direct the activities of a Citizen's Advisory Committee and/or Technical Advisory Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each assign a person in responsible charge "liaison" to coordinate activities and assure that the interests of both Parties are considered during all phases of the Project. 2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. 3. Non-certified agencies must contract with State or a State certified local public agency to secure services to perform plans, specifications and estimates (PS&E), construction contract advertisement, bid, award, contractor payments and contract administration. Non-certified agencies may use a State-approved consultant to perform preliminary engineering, and construction engineering services. PROJECT FUNDING REQUEST 4. State shall submit a separate written Project funding request to FHWA requesting approval of federal-aid participation for each project phase including a) Program Development (Planning), b) Preliminary Engineering (National Environmental Policy Act - NEPA, Permitting and Project Design), c) Right of Way Acquisition, d) Utilities, and e) Construction (Construction Advertising, Bid and Award). Any work performed prior to FHWA's approval of each funding request will be considered nonparticipating and paid for at Agency expense. Agency shall not proceed on any activity in which federal-aid participation is desired until such written approval for each corresponding phase is obtained by State. State shall notify Agency in writing when authorization to proceed has been received from FHWA. All work and records of such work shall be in conformance with FHWA rules and regulations. FINANCE 5. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be STDPRO-2015.doc Rev. 04-28-2015 15 State/Agency/Metro Agreement No. 31030 responsible for the entire match amount for the federal funds and any portion of the Project, which is not covered by federal funding, unless otherwise agreed to and specified in the intergovernmental Agreement (Project Agreement). Agency must obtain written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. If federal funds are used, State will specify the Catalog of Federal Domestic Assistance (CFDA) number in the Project Agreement. State will also determine and clearly state in the Project Agreement if recipient is a subrecipient or vendor, using criteria in 2 CFR 200.330. 6. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall pay one hundred (100) percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds or allocations of State Highway Trust Funds to Agency may be withheld to pay the non-participating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines Manual that result in items being declared non-participating by FHWA, such items deemed non-participating will be negotiated between Agency and State. 7. Agency agrees that costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon by the Parties. 8. Agency's estimated share and advance deposit. a) Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of each phase. Exception may be made in the case of projects where Agency has written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. b) Agency's construction phase deposit shall be one hundred ten (110) percent of Agency's share of the engineer's estimate and shall be received prior to award of the construction contract. Any additional balance of the deposit, based on the actual bid must be received within forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is cancelled. Any balance of a cash deposit in excess of amount needed, based on the actual bid, will be refunded within forty-five (45) days of receipt by State of the Project sponsor's written request. c) Pursuant to Oregon Revised Statutes (ORS) 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool), and an Irrevocable Limited Power of Attorney is sent STDPRO-2015.doc Rev. 04-28-2015 16 State/Agency/Metro Agreement No. 31030 to State's Active Transportation Section, Funding and Program Services Unit, or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. 9. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear one hundred (100) percent of all costs incurred as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear one hundred (100) percent of all costs incurred. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. 10.Agency shall follow the requirements stated in the Single Audit Act. Agencies expending $500,000 or more in Federal funds (from all sources) in its fiscal year beginning prior to December 26, 2014, shall have a single organization-wide audit conducted in accordance with the Single Audit Act of 1984, PL 98-502 as amended by PL 104-156 and subject to the requirements of 49 CFR Parts 18 and 19. Agencies expending $750,000 or more in federal funds (from all sources) in a fiscal year beginning on or after December 26, 2014 shall have a single organization-wide audit conducted in accordance with the provisions of 2 CFR part 200, subpart F. Agencies expending less than $500,000 in Federal funds in a fiscal year beginning prior to December 26, 2014, or less than $750,000 in a fiscal year beginning on or after that date, is exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials based on the records retention period identified in the Project Agreement. The cost of this audit can be partially prorated to the federal program. 11.Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. 12.Agency shall present invoices for one hundred (100) percent of actual costs incurred by Agency on behalf of the Project directly to State's Liaison for review, approval and reimbursement to Agency. Costs will be reimbursed consistent with federal funding provisions and the Project Agreement. Such invoices shall identify the Project by the name of the Project Agreement, reference the Project Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Invoices shall be presented for periods of not less than one-month duration, based on actual expenses to date. All invoices received from Agency must be approved by State's Liaison prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those allowable under the provisions of the Federal-Aid Policy Guide (FAPG), Title 23 CFR parts 1.11, 140 and 710. Final invoices shall be submitted to State for processing within forty-five (45) days from the end of each funding phase as follows: a) preliminary engineering, which ends at the award date of construction b) last payment for right of way acquisition and c) STDPRO-2015.doc Rev. 04-28-2015 17 State/Agency/Metro Agreement No. 31030 contract completion for construction. Partial billing (progress payment) shall be submitted to State within forty-five (45) days from date that costs are incurred. Invoices submitted after 45 days may not be eligible for reimbursement by FHWA. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the Project Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period ending on the later of six (6) years following the date of final voucher to FHWA or after resolution of any disputes under the Project Agreement. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition ((2 CFR 200.333(c)). 13.Agency shall, upon State's written request for reimbursement in accordance with Title 23, CFR part 630.112(c) 1 and 2, as directed by FHWA, reimburse State for federal-aid funds distributed to Agency if any of the following events occur: a) Right of way acquisition is not undertaken or actual construction is not started by the close of the twentieth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized for right of way acquisition. Agency may submit a written request to State's Liaison for a time extension beyond the twenty (20) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. b) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized. Agency may submit a written request to State's Liaison for a time extension beyond the ten (10) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. 14.Agency shall maintain all Project documentation in keeping with State and FHWA standards and specifications. This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process control records, test results, and inspection records to ensure that the Project is completed in conformance with approved plans and specifications. 15.State shall submit all claims for federal-aid participation to FHWA in the normal manner and compile accurate cost accounting records. State shall pay all reimbursable costs of the Project. Agency may request a statement of costs-to-date at any time by submitting a written request. When the actual total cost of the Project has been computed, State shall furnish Agency with an itemized statement of final STDPRO-2015.doc Rev. 04-28-2015 18 State/Agency/Metro Agreement No. 31030 costs. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal one hundred (100) percent of the final total actual cost. Any portion of deposits made in excess of the final total costs of the Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the total cost of the Project. STANDARDS 16.Agency agrees that minimum design standards on all local agency jurisdictional roadway or street projects on the National Highway System (NHS) and projects on the non-NHS shall be the American Association of State Highway and Transportation Officials (AASHTO) standards and be in accordance with State's Oregon Bicycle & Pedestrian Design Guide (current version). Agency shall use either AASHTO's A Policy on Geometric Design of Highways and Streets (current version) or State's Resurfacing, Restoration and Rehabilitation (3R) design standards for 3R projects. Agency may use AASHTO for vertical clearance requirements on Agency's jurisdictional roadways or streets. 17.Agency agrees that if the Project is on the Oregon State Highway System or State- owned facility, that design standards shall be in compliance with standards specified in the current ODOT Highway Design Manual and related references. Construction plans for such projects shall be in conformance with standard practices of State and all specifications shall be in substantial compliance with the most current Oregon Standard Specifications for Highway Construction and current Contract Plans Development Guide. 18.Agency agrees that for all projects on the Oregon State Highway System or State- owned facility any design element that does not meet ODOT Highway Design Manual design standards must be justified and documented by means of a design exception. Agency further agrees that for all projects on the NHS, regardless of funding source; any design element that does not meet AASHTO standards must be justified and documented by means of a design exception. State shall review any design exceptions on the Oregon State Highway System and retains authority for their approval. FHWA shall review any design exceptions for projects subject to Focused Federal Oversight and retains authority for their approval. 19.Agency agrees all traffic control devices and traffic management plans shall meet the requirements of the current edition of the Manual on Uniform Traffic Control Devices and Oregon Supplement as adopted in Oregon Administrative Rule (OAR) 734-020-0005. Agency must obtain the approval of the State Traffic Engineer prior to the design and construction of any traffic signal, or illumination to be installed on a state highway pursuant to OAR 734-020-0430. 20.The standard unit of measurement for all aspects of the Project shall be English Units. All Project documents and products shall be in English. This includes, but is STDPRO-2015.doc Rev. 04-28-2015 19 State/Agency/Metro Agreement No. 31030 not limited to, right of way, environmental documents, plans and specifications, and utilities. PRELIMINARY & CONSTRUCTION ENGINEERING 21.Preliminary engineering and construction engineering may be performed by either a) State, b) Agency, c) State-approved consultant, or d) certified agency. Engineering work will be monitored by State or certified agency to ensure conformance with FHWA rules and regulations. Project plans, specifications and cost estimates shall be performed by either a) State, b) State-approved consultant or c) certified agency. State shall review and approve Project plans, specifications and cost estimates. State shall, at project expense, review, process and approve, or submit for approval to the federal regulators, all environmental statements. State or certified agency shall, if they prepare any of the documents identified in this paragraph, offer Agency the opportunity to review and approve the documents prior to advertising for bids. 22. Agency may request State's two-tiered consultant selection process as allowed by OAR 137-048-0260 to perform architectural, engineering, photogrammetry, transportation planning, land surveying and related services (A&E Services) as needed for federal-aid transportation projects. Use of the State's processes is required to ensure federal reimbursement. State will award and execute the contracts. State's personal services contracting process and resulting contract document will follow Title 23 CFR part 172, 2 CFR part 1201, ORS 279A.055, 279C.110, 279C.125, OAR 137-048-0130, OAR 137-048-0220(4) and State Personal Services Contracting Procedures as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or the consultant prior to receiving authorization from State to proceed. 23.The party responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach permits. All pre- construction permits will be obtained prior to advertisement for construction. 24.State or certified agency shall prepare construction contract and bidding documents, advertise for bid proposals, and award all construction contracts. 25.Upon State's or certified agency's award of a construction contract, State or certified agency shall perform quality assurance and independent assurance testing in accordance with the FHWA-approved Quality Assurance Program found in State's Manual of Field Test Procedures, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project. STDPRO-2015.doc Rev. 04-28-2015 20 State/Agency/Metro Agreement No. 31030 26.State shall, as a Project expense, assign a liaison to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right-of- way acquisition, and construction). State's liaison shall process reimbursement for federal participation costs. REQUIRED STATEMENT FOR United States Department of Transportation (USDOT) FINANCIAL ASSISTANCE AGREEMENT 27.By signing the Federal-Aid Agreement to which these Federal Standard Provisions are attached, Agency agrees to adopt State's DBE Program Plan, available at http://www.oregon.qov/ODOT/CS/CIVILRIGHTS/paqes/sbe/dbe/dbe program.aspx# plan. Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. Agency agrees to take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. State's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Project Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Project Agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 United States Code (USC) 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). Disadvantaged Business Enterprises (DBE) Obligations 28.State and Agency agree to incorporate by reference the requirements of 49 CFR part 26 and State's DBE Program Plan, as required by 49 CFR part 26 and as approved by USDOT, into all contracts entered into under this Project Agreement. The following required DBE assurance shall be included in all contracts: "The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR part 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Agency deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b))." 29.Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964. STDPRO-2015.doc Rev. 04-28-2015 21 State/Agency/Metro Agreement No. 31030 30.The Parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 279B.270, incorporated herein by reference and made a part hereof; Title 23 CFR parts 1.11, 140, 635, 710, and 771; Title 49 CFR parts 24 and 26; 2 CFR 1201, Title 23, USC, Federal-Aid Highway Act; Title 41, Chapter 1, USC 51-58, Anti-Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, the provisions of the FAPG and FHWA Contract Administration Core Curriculum Participants Manual & Reference Guide. State and Agency agree that FHWA-1273 Required Contract Provisions shall be included in all contracts and subcontracts verbatim and not by reference. RIGHT OF WAY 31.Agency and the consultant, if any, agree that right of way activities shall be in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FAPG, CFR, and the ODOT Right of Way Manual, Title 23 CFR part 710 and Title 49 CFR part 24. State, at Project expense, shall review all right of way activities engaged in by Agency to ensure compliance with all laws and regulations. 32.State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of projects. Agency may perform acquisition of the necessary right of way and easements for construction and maintenance of the Project provided Agency or the consultant are qualified to do such work, as required by the ODOT Right of Way Manual, and Agency has obtained prior approval from State's Region Right of Way office to do such work. 33.Regardless of who acquires or performs any of the right of way activities, a right of way services agreement shall be created by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each Party. If the Project has the potential of needing right of way, to ensure compliance in the event that right of way is unexpectedly needed, a right of way services agreement will be required. State, at Project expense, shall be responsible for requesting the obligation of project funding from FHWA. State, at Project expense, shall be responsible for coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through State's Liaison, who will forward the request to State's Region Right of Way office on all projects. Agency must receive written authorization to proceed from State's Right of Way Section prior to beginning right of way activities. All projects must have right of way certification coordinated through State's Region Right of Way office to declare compliance and project readiness for construction (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on a project). Agency shall contact State's Liaison, who will contact State's Region Right of Way office for additional information or clarification on behalf of Agency. STDPRO-2015.doc Rev. 04-28-2015 22 State/Agency/Metro Agreement No. 31030 34.Agency agrees that if any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required. 35.Agency ensures that all project right of way monumentation will be conducted in conformance with ORS 209.155. 36.State and Agency grants each other authority to enter onto the other's right of way for the performance of non-construction activities such as surveying and inspection of the Project. RAILROADS 37.Agency shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through the State's Liaison, who will contact State's Railroad Liaison on behalf of Agency. Only those costs allowable under Title 23 CFR part 140 subpart I, and Title 23 part 646 subpart B shall be included in the total Project costs; all other costs associated with railroad work will be at the sole expense of Agency, or others. Agency may request State, in writing and at Project expense, to provide railroad coordination and negotiations. However, State is under no obligation to agree to perform said duties. UTILITIES 38.Agency shall follow State established statutes, policies and procedures when impacts occur to privately or publicly-owned utilities. Policy, procedures and forms are available through the State Utility Liaison or State's Liaison. Agency shall provide copies of all signed utility notifications, agreements and Utility Certification to the State Utility Liaison. Only those utility relocations, which are eligible for reimbursement under the FAPG, Title 23 CFR part 645 subparts A and B, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. Agency may send a written request to State, at Project expense, to arrange for utility relocations/adjustments lying within Agency jurisdiction. This request must be submitted no later than twenty-one (21) weeks prior to bid let date. However, State is under no obligation to agree to perform said duties. Agency shall not perform any utility work on state highway right of way without first receiving written authorization from State. GRADE CHANGE LIABILITY 39.Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. STDPRO-2015.doc Rev. 04-28-2015 23 State/Agency/Metro Agreement No. 31030 40.Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. 41.Agency, if a City, by execution of the Project Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the Project covered by the Project Agreement. MAINTENANCE RESPONSIBILITIES 42.Agency shall, at its own expense, maintain operate, and provide power as needed upon Project completion at a minimum level that is consistent with normal depreciation and/or service demand and throughout the useful life of the Project. The useful life of the Project is defined in the Special Provisions. State may conduct periodic inspections during the life of the Project to verify that the Project is properly maintained and continues to serve the purpose for which federal funds were provided. Maintenance and power responsibilities shall survive any termination of the Project Agreement. In the event the Project will include or affect a state highway, this provision does not address maintenance of that state highway. CONTRIBUTION 43.If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 44.With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or STDPRO-2015.doc Rev. 04-28-2015 24 State/Agency/Metro Agreement No. 31030 settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 45.With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. ALTERNATIVE DISPUTE RESOLUTION 46.The Parties shall attempt in good faith to resolve any dispute arising out of this Project Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. WORKERS' COMPENSATION COVERAGE 47.AII employers, including Agency, that employ subject workers who work under this Project Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability Insurance with coverage limits of not less than five hundred thousand ($500,000) must be included. Agency shall ensure that each of its contractors complies with these requirements. LOBBYING RESTRICTIONS — pursuant to Form FHWA-1273, Required Contract Provisions 48.Agency certifies by signing the Project Agreement that: a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the STDPRO-2015.doc Rev. 04-28-2015 25 State/Agency/Metro Agreement No. 31030 extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. d) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31, USC Section 1352. e) Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. STDPRO-2015.doc Rev. 04-28-2015 26 AGENDA ITEM NO. 2 D - CITIZEN COMMUNICATION DATE: September 13, 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 Cite 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 Cite 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 I� help the presiding officer pronounce: G� Address r-) ./r° ✓Gl City j, ?L State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 160809.doc AIS-2829 3.A. Business Meeting Meeting Date: 09/13/2016 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/:� COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A - Receive and File Items Attachments Three Month Calendar of Council Events Tentative Agenda 11111 • MEMORANDUM TIGARD TO: Honorable Mayor& City Council/City Center Development Agency Board FROM: Carol A. Krager, City Recorder RE: Three-Month Council/CCDA Meeting Calendar DATE: September 6,2016 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 21 Wednesday Council Fall Outreach—6-8 p.m.,Summerfield 27* Tuesday Council Business Meeting—6:30 p.m.,Town Hall October 4 Tuesday CCDA Meeting—6:30 p.m.,Town Hall 11* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 18* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 25* Tuesday Council Business Meeting—6:30 p.m.,Town Hall November 1 Tuesday CCDA Meeting—6:30 p.m.,Town Hall 8* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 15* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 22* 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 C' Business Meeting 0 Study Session ® Special Meeting Q Consent Agenda 0 Meeting is Full Workshop Meeting CCDA Meeting City Council Tentative Agenda 9/6/2016 1:01 PM - Updated Form Meeting Submitted Meeting Inbox or # Date By Type Title Department Finalized 2629 09/13/2016 Carol Krager AAA September 13, 2016 Business Meeting Central Services 03/21/2016 2683 09/13/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 04/15/2016 2389 09/13/2016 Judy ACCSTUDY 10 Minutes - Receive Briefing on an IGA with ODOT for Public Works 09/06/2016 Lawhead Design and Construction of New Sections of Fanno Creek Trail Total Time: 25 of 45 Minutes Scheduled 2798 09/13/2016 Joanne ACONSENT Consent Item - Proclaim Constitution Week City Management 08/11/2016 Bengston 2822 09/13/2016 Liz Lutz ACONSENT Consent Item - Consider Resolution Waiving Temporary Finance and 09/06/2016 Sign Permit Fees for Tigard Basketball Association Information Services 2824 09/13/2016 Joanne ACONSENT Consent Item - Proclamation National Preparedness City Management 08/29/2016 Bengtson Month 2817 09/13/2016 Alison ACONSENT Consent Item - Proclamation 40th Anniversary of Library 08/30/2016 Grimes Washington County Cooperative Library Services 2829 09/13/2016 Carol Krager ACONSENT Consent Item - RECEIVE AND FILE: THREE-MONTH Central Services 09/02/2016 COUNCIL CALENDAR AND TENTATIVE AGENDA - 2830 09/13/2016 Carol Krager ACONSENT Consent Item - Approve City Council Meeting Minutes Central Services 09/02/2016 2763 09/13/2016 Carol Krager CCBSNS 1 15 Minutes - RECEIVE STATE OF THE DISTRICT Central Services 09/06/2016 PRESENTATION FROM TVF&R 2754 09/13/2016 Carol Krager CCBSNS 2 15 Minutes - Legislative Public Hearing: Consider Finance and 09/06/2016 Changes to TMC Chapter 12 Information Services 1 Page is\citywide\tentagenda\september 6, 2016 .docx Meeting Banner 0 Business Meeting❑ Study Session g Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting❑ CCDA Meeting City Council Tentative Agenda 9/6/2016 1:01 PM - Updated 2787 09/13/2016 Kent Wyatt CCBSNS 4 10 Minutes - Consider Issuing Contract for Public City Management Wyatt K, Mgmt Outreach and Messaging Analyst 2799 09/13/2016 Kelly CCBSNS 5 15 Minutes - Discussion of Upcoming Contracts Central Services 09/06/2016 Burgoyne 2825 09/13/2016 Joseph CCBSNS 6 5 Minutes - Contract Award - Greenfield Drive and Finance and 09/02/2016 Barrett Ridgefield Lane Water Quality Facilities Repairs Information Services 2778/ 09/13/2016 Kelly CCBSNS 7 20 Minutes - City Priorities Discussion: Scoping a Local City Management 08/23/2016 1 Burgoyne Option Levy and Facilities Bond Proposal Total Time: 80 of 100 Minutes Scheduled I I 2759 09/20/2016 Carol Krager AAA September 20, 2016 Workshop Meeting 2766 09/20/2016 Sean Farrelly CCWKSHOP 1 10 Minutes - Discuss Adoption Process for Substantial Community Farrelly S, Redev Amendment to Downtown City Center Urban Renewal Development Project Manager Plan. 2765 09/20/2016 Susan CCWKSHOP 2 50 Minutes - Joint Mtg w/ Planning Commission: Community 09/06/2016 Shanks Tigard Triangle Urban Renewal and Code/Zoning Update Development 2760 09/20/2016 Kent Wyatt CCWKSHOP 3 60 Minutes - Discuss the City's Role in Addressing City Management Wyatt K, Mgmt Homelessness Analyst 2797 09/20/2016 John CCWKSHOP 4 30 Minutes - Willamette River Water Coalition (WRWC) Public Works Goodrich J, Goodrich Update Briefing Division Manager Total Time: 150 of 180 Minutes Scheduled September 21, 2016 Council Fall Outreach Summerfield Clubhouse - outside (6-8 p.m.) 2632 09/27/2016 Carol Krager AAA September 27, 2016 Business Meeting Central Services 03/21/2016 2684 09/27/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 04/15/2016 2 Page is\citywide\tentagenda\september 6, 2016 .docx Meeting Banner 0 Business Meeting 0 Study Session Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting❑ CCDA Meeting City Council Tentative Agenda 9/6/2016 1:01 PM - Updated 2811 09/27/2016 Agnes ACCSTUDY 30 Minutes - Process and Procedures Update - Entire Community Kowacz A, Kowacz Title 18 Administrative Process and Procedures Development ,Associate Planner -P- -11101u 1E -117 _11111ME 1111gr 141 l I 2752 09/27/2016 Agnes CCBSNS 1 45 Minutes - Public Hearing - DCA2016-00002 Fema Community Kowacz A, Kowacz Update and Marijuana Facilities Development Associate Planner 2703 09/27/2016 Lloyd Purdy CCBSNS 2 15 Minutes - Resolution of Necessity: Hunziker Community Newbury A, Sr Infrastructure Development Proj Engineer 2390 09/27/2016 Judy CCBSNS 3 5 Minutes - Consider Authorizing the City Manager to Public Works McCarthy M, Lawhead Sign and IGA with ODOT for Design and Construction of St/Trans Sr Proj New Sections of the Fanno Creek Trail Eng 2800 09/27/2016 Kelly CCBSNS 4 20 Minutes - LCRB Placeholder Central Services Barrett J, Sr Mgmt Burgoyne Analyst 2821 09/27/2016 Lisa Shaw CCBSNS 5 10 Minutes - Building Security Camera System Police Shaw L, Police Contract Business Manager 2823 09/27/2016 Aaron Rivera CCBSNS 6 10 Minutes - Authorization for CDBG Grant Application Public Works for Bagan Park 2808 09/27/2016 Kelly CCBSNS 7 10 Minutes - Executive Session City Management Bennett D, HR Burgoyne _ Director 2794 09/27/2016 Kelly CCBSNS 10 Minutes - Executive Session: Per ORS 192.660(2)(e) Community 08/25/2016 Burgoyne Real Property Transaction Negotiations Development r. ________. 2633 10/04/2016 Carol Krager AAA October 4, 2016 CCDA Meeting Central Services 03/21/2016 2788 10/04/2016 Susan CCDA 40 Minutes - Initial Public Review of Tigard Triangle Community Shanks S, Senior Shanks Urban Renewal Plan Development Planner 2767 10/04/2016 Sean Farrelly CCDA 20 Minutes - Downtown Business Spotlight Community Farrelly S, Redev Development Project Manager Total Time: 60 of 180 Minutes Scheduled 3Page is\citywide\tentagenda\september 6, 2016 .docx Meeting Banner 0 Business Meeting 0 Study Session ! Special Meeting Consent Agenda 0 Meeting is Full Workshop Meeting❑ CCDA Meeting City Council Tentative Agenda 9/6/2016 1:01 PM - Updated 2634 10/11/2016 Carol Krager AAA October 11, 2016 Business Meeting Central Services 03/21/2016 2685 10/11/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 04/15/2016 2827 10/11/2016 John ACCSTUDY 20 Minutes - Willamette River Water Charter Provision Public Works Krager C, City Goodrich Recorder Total Time: 35 of 45 Minutes Scheduled 2697 10/11/2016 Lloyd Purdy ACONSENT Consent Item - Connect ORVI Grant - Tigard Street Trail Community Purdy, L, Econ Development Development Mgr 2801 10/11/2016 Kelly CCBSNS 20 Minutes - LCRB Placeholder Central Services Barrett J, Sr Mgmt Burgoyne Analyst 2699 10/11/2016 Lloyd Purdy CCBSNS 15 Minutes - Development Agreement Hunziker Community Purdy, L, Econ Infrastructure - Second Review Development Development Mgr Total Time: 35 of 100 Minutes Scheduled 1 1 2635 10/18/2016 Carol Krager AAA October 18, 2016 Workshop Meeting Central Services 03/21/2016 2636 10/25/2016 Carol Krager AAA October 25, 2016 Business Meeting Central Services 03/21/2016 2686 10/25/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 04/15/2016 Total Time: 15 of 45 Minutes Scheduled 2764 10/25/2016 Gary CCBSNS 30 Minutes - Cemetery Setback Code Amendment Community Pagenstecher G, Pagenstecher Development Assoc Planner 4 Page is\citywide\tentagenda\september 6, 2016 .docx Meeting Banner ❑ Business Meeting❑ Study Session ❑ Special Meeting Consent Agenda ❑ Meeting is Full Workshop Meeting❑ CCDA Meeting City Council Tentative Agenda 9/6/2016 1:01 PM - Updated 2802 10/25/2016 Kelly 'CCBSNS 20 Minutes - LCRB Placeholder Central Services Barrett J, St Mgmt Burgoyne Analyst 2809 10/25/2016 Kelly CCBSNS 10 Minutes - Placeholder City Management Bennett D, HR Burgoyne Director Total Time: 60 of 100 Minutes Scheduled 2637 11/01/2016 Carol Krager AAA November 1, 2016 CCDA Meeting - Combo Meeting - 'Central Services 03/21/2016 City Council Business Meeting 2810 11/01/2016 Sean Farrelly CCDA 60 Minutes - Council Public Hearing On Development Community Farrelly S, Redev Code Amendments Development Project Manager November 1, 2016 Business Meeting Central Services 2815 11/01/2016 Kelly ACCSTUDY 15 Minutes - Council Liaison Reports Central Services Krager C, City Burgoyne Recorder Total Time: 15 of 45 Minutes Scheduled 2816 11/01/2016 Kelly CCBSNS 20 Minutes - LCRB Placeholder Central Services Barret J, Sr Mgmt Bur o ne Analyst Total Time: 80 of 100 Minutes Scheduled F-- ----- — i 2638 11/08/2016 Carol Krager AAA November 8, 2016 Business Meeting - CLOSED Central Services 04/15/2016 2687 11/08/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports - CLOSED Central Services 04/15/2016 Total Time: 0 of 45 Minutes Scheduled Total Time: 0 of 100 Minutes Scheduled - MEETING CLOSED 2639 11/15/2016 Carol Krager AAA November 15, 2016 Workshop Meeting Mayor Cook Absent - (Nov 15-18) 5 Page i:\citywide\tentagenda\september 6, 2016 .docx Meeting Banner 0 Business Meeting 0 Study Session 0 Special Meeting 0 Consent Agenda 0 Meeting is Full Workshop Meeting❑ CCDA Meeting City Council Tentative Agenda 9/6/2016 1:01 PM - Updated 2792 11/15/2016 Steve Martin CCWKSHOP 45 Minutes - Joint Meeting with the Park and Recreation Public Works Martin S, Division Advisory Board Manager 2813 11/15/2016 Kelly CCWKSHOP 30 Minutes - Discuss Non-Residential Tigard Finance and LaFrance T, Burgoyne Transportation SDC Information Fin/Info Svcs Services Director 2814 11/15/2016 Kelly CCWKSHOP 30 Minutes - Present Policy and Implementation Finance and LaFrance T, Burgoyne Relating to Transient Lodging Tax Information Fin/Info Svcs Services Director Total Time: 105 of 180 Minutes Scheduled 2640 11/22/2016 Carol Krager AAA November 22, 2016 Business Meeting Central Services 03/21/2016 -- --i 2688 11/22/2016 Carol Krager ACCSTUDY 15 Minutes - Council Liaison Reports Central Services 04/15/2016 Total Time: 15 of 45 Minutes Scheduled 2804 11/22/2016 Kelly CCBSNS 20 Minutes - LCRB Placeholder Community Barrett J, Sr Mgmt Burgoyne Development nalyst Total Time: 20 of 100 Minutes Scheduled MEETING FULL I I 6 Page i:\citywide\tentagenda\september 6, 2016 .docx AIS-2830 3. B. Business Meeting Meeting Date: 09/13/2016 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: •June 14,2016 •June 28,2016 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments June 14,2016 Minutes Tune 28,2016 Minutes City of Tigard Tigard City Council Meeting Minutes TIGARD June 14, 2016 STUDY SESSION A. EXECUTIVE SESSION: At 6:30 p.m. Mayor Cook read the citation for an Executive Session called under ORS 192.660 (2) (d) and (i) to discuss labor negotiations and the performance and review of the city manager. The executive session ended at 7:15 p.m. B. COUNCIL LIAISON REPORTS Councilor Goodhouse reported on a meeting with the King City Republicans where Tigard's potential light rail measure was discussed. There were people who thought that light rail was not being considered and a few felt that the city of Tigard was not opposing the project enough. Councilor Goodhouse recommended that whatever language is used for a potential city referral, that no should mean no planning for light rail,and yes should mean planning will be allowed. Councilor Henderson distributed some information from the Regional Water Providers on lead in water pipes and suggested reminders be sent to customers. Water providers are not usually responsible for lead in drinking water;they send good water to homes but the pipes in the homes are the trouble. People can still do things like run the tap water for a few minutes if it has been sitting in the pipes for a while before drinking it. 1. BUSINESS MEETING—June 14,2016 A. At 7:35 p.m. Mayor Cook called the City Council,Local Contract Review Board and City Center Development Agency to order. B. City Recorder Krager called the roll. Present Absent Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items—None TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 17 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None B. Tigard High School Envoy. THS Envoy Shaina Azbari gave her last report to council for the school year. She introduced next year's envoy,ASB President Lauren Brown. Badminton and dodge ball tournaments were held. A Japanese Night was the last class fundraiser of the school year.The prom was held and the theme was the Great Gatsby. Link Crew is starting up again pairing incoming freshmen with seniors in order to give them a good start at Tigard High in the fall. Council President Snider requested the move from the Consent Agenda of Resolution No. 16-18 acknowledging and commending Shaina Azbari. Councilor Woodard seconded the motion and all voted in favor. Mayor Cook called her up to receive a special copy of the resolution and take a photo. RESOLUTION NO. 16-18 -A RESOLUTION ACKNOWLEDGING AND COMMENDING SHAINA AZBARI FOR HER SERVICE AS TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Tigard Area Chamber of Commerce—Chamber CEO Debi Monahan updated council on Chamber events and programs. They are accepting applications for the Leadership Tigard program and look forward to showing people how to plug into their community. The Chamber will be represented at the Balloon Festival. Their annual Chamber meeting is on June 28 at Broadway Rose and the community is invited. She announced that Lee Farms has joined the Farmers Market vendors. There are 110 children who joined the Kids in the Market Sprouts program. A corn hole tournament is scheduled for July. September 10 is the downtown street fair with a fun run,bike event and a new Latino Fest. D. Citizen Communication—Sign up Sheet. Jill Bentley, 10915 SW Hall Blvd. #11,Tigard, OR 97223, spoke as president of SEIU Local 199,which represents 112 city employees. She said the city's budget is in much better shape than it was in 2013 when the last contract was negotiated. She said at that time union members offered to partner with the city to raise revenues and restore services and two members attended local government lobby day in Salem. The city balanced the budget by reducing annual contributions to employee medical and dental benefits. Since 2008 union members experienced layoffs, furlough days, fewer hours and wages and benefits whittled away. She said they do not know if they will be able to will afford healthcare for their families as the city has said they will not cover anything above five percent insurance rate increases. She said this is unacceptable to their members and urged council to help settle a TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 17 fair contract. Ms. Bentley highlighted the city's audit report and said it shows overall annual revenues are higher and the ending fund balance is strong. She noted that the last day of bargaining prior to contract expiration is June 20. She submitted a copy of her testimony with nearby city comparable information and a list of union proposals and the city's response. She summarized by saying, 'We all have budgets and we know that a budget is simply a list of priorities. It's time for the city to make their workforce a priority and reinvest in the workers that make Tigard work." Ann-Marie Anderson, 309 Main Street,Dayton, OR 97114, said she is a library employee and secretary/treasurer of the SEIU union. She has worked for the city for 12 years and noted that the library is only 10 percent non-managerial staff. She said there is a high use of on-call temporary employees and suggested it would be more efficient to have experienced workforce work more hours as part-time workers are often juggling multiple jobs. She said what is good for the union workers is good for the city of Tigard. She asked for council support. Rob Sisk, 1730 Commercial,Salem, OR 97381,is president of SEIU 503. He said SEIU represents over 55,000 workers,many in local government. He said City of Tigard members feel as if they come last on the priority list as humans as those who make the city services run. Human capital is the most treasured and warrants the best investment. He said it is about time to move employees up and it should not include cost shifting on basic necessities such as health care. He asked council not to delay on settling a contract that they deserve and show them they are a valuable asset. Thomas Cole, 15000 SW Hall Blvd.,Tigard, OR 97224, said he is a Bonaventure resident and also the chairman of the resident council. He said resident Julie Davies has contacted Council President Snider on the issue of the lack of sidewalks between city hall and the Bonaventure facility. They realize Hall Boulevard is an ODOT street but they do not seem to want to do anything about it. He said the law requires that builders construct the sidewalks but there is no building going on near the areas missing sidewalks. He said there are 150 people living at Bonaventure, 100 in the independent living section and 50 in assisted living. Some residents drive but some do not. It would be wonderful to use a sidewalk to go to the senior center or the library. They have been told to use the bike lane but do not feel comfortable walking or using a scooter in the bike lane. Mayor Cook responded that Hall Blvd. is a state highway and under ODOT's responsibility. He noted that he spoke to a legislative sub-committee on funding for orphan highways recently. The city could take over responsibility but would first want some improvements done to bring it up to a better standard,which will take multiple millions. He noted that sometimes the city does use city money on state highways, citing intersection improvements on Greenburg and Pacific Highway,and at Gaarde/McDonald/Pacific Highway,paid in part with city gas tax money. He said the council is considering adding a 5 cent gas tax to the ballot in November. This could be used for projects in the Capital Improvement Plan (CIP) that people are asking for. Sidewalks on Hall Boulevard are always in the top five list of projects requested by citizens. Council President Snider added that council is having a thorough discussion on what it would take to build a true sidewalk network throughout the city. Council has prioritized to take care of arterial roads first,then collector streets and lastly,neighborhood streets. Assistant City Manager Newton said she would give Mr. Cole TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 17 contact information. Councilor Goodhouse recommended that he send letters to the legislature in Salem regarding orphan highways. 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) A. Receive and File: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. AUTHORIZE THE CITY MANAGER TO SIGN AN IGA WITH CLEAN WATER SERVICES FOR ONSTRUCTION OF EAST TIGARD SEWER REPLACEMENT C. APPROVE INTERGOVERNMENTAL AGREEMENTS WITH WASHINGTON COUNTY LIBRARY SERVICES D. AUTHORIZE THE CITY MANAGER TO SIGN AN IGA WITH TRIMET REGARDING COST SHARE OBLIGATIONS FOR NEW SIDEWALKS ALONG COMMERCIAL STREET AND PACIFIC HIGHWAY E. CONSIDER RESOLUTION SETTING ANNUAL STIPEND FOR MAYOR AND COUNCIL RESOLUTION NO. 16-19—A RESOLUTION ESTABLISHING MAYOR AND COUNCIL COMPENSATION WHICH SUPERSEDES RESOLUTION NO. 15.26 *F. CONSIDER RESOLUTION OF APPRECIATION FOR TIGARD HIGH SCHOOL ENVOY SHAINA AZBARI *Voted on earlier in the meeting during the THS Envoy report. Councilor Woodard moved to approve the Consent Agenda less Resolution No. 16-18 and Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard V Mayor Cook ✓ Councilor Goodhouse V 4. LOCAL CONTRACT REVIEW BOARD: DISCUSSION OF UPCOMING CONTRACTS AND PURCHASES Contracts Manager Barrett updated the LCRB on two upcoming contracts. The first is a purchase for new police vehicles. Three are needed for the patrol officers listed in the budget tonight. The total is $181,000. The second contract is for water quality testing services. An RFP is issued every TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 17 five years for analytical services. Three firms responded to the RFP in late April and staff recommends a contract be awarded to Alyxin Analytical for$45,000 with a possible life of the contract of$225,000. In response to a question from Council President Snider,Mr. Barrett said the proposals were close but staff has no qualms about using this local business. Water Utility Manager Goodrich said staff collects the water but Alyxin does the bacteriological testing monthly. He said the city has a whole suite of tests performed that are required by the EPA and the State of Oregon Health Authority.The water is also checked for pesticides and other types of organics. Additional testing has been for lead. Lead tests are performed in houses under EPA conditions. Tigard does not take the tests;staff provide the bottles and information is provided to the homeowners who then mail their sample to Portland. When the new water system is online the city will collect 60 home samples for a baseline and then 60 more six months later to determine whether or not the Lake Oswego Tigard Water Project is an optimized system. He said he is confident that Tigard's water will be an optimized system within the next year. Mr. Goodrich noted that Councilor Henderson covered the same point in the Study Session earlier. Tigard's water does not show any lead or copper in the water supply. Portland and Lake Oswego do not find lead in the drinking water either. The water provider provides the water but the lead is most often coming from lead service connections on household pipes,which are more common on the east coast. Council advised that both contracts can return to council on the Consent Agenda. 5. INFORMATIONAL PUBLIC HEARING: LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF PUBLIC CONTRACTING EXEMPTION FOR THE CIVIC CENTER VISIONING STUDY PROJECT a. LCRB Chair Cook opened the Public Hearing. b. LCRB Chair Cook announced the Hearing Procedures — Any person wishing to comment on this matter shall be given the opportunity. c. Staff Report. Contracts Manager Barrett said staff is recommending the LCRB approve an exemption of the formal competitive bidding process for a contract with MWA Architects for the Civic Center Visioning Study Project. He said the budget is $300,000 and the amount is $426,000, so a supplemental budget will be brought to council. Councilor Henderson clarified the cost and asked about the timeline. Mr. Barrett said MWA has until March of 2017 to complete the study. d. Public Testimony There was none. - Proponents - Opponents - Response to testimony by staff. e. Staff recommends the public contracting exemption process be approved for the Civic Center Visioning Study Project. f. LCRB Chair Cook closed the Public Hearing. g. LCRB Discussion and Consideration: LCRB Chair Cook suggested that the term civic center visioning study does not make sense. The building will just be for city offices,police, city hall and the permit center. He noted that when council discussed this earlier, the consideration was to look at all of city properties,not just this property. Assistant City Engineer McMillan said she looked more broadly at all properties but then the latest effort looked at sites owned by the city what could be put on that site. It is called Civic Center and not Facilities Report.LCRB Member Goodhouse commented that the words civic center TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 17 could also mean community center. He felt the title is misleading. LCRB Member Snider disagreed and said the title is exactly the proper term. LCRB Member Henderson suggested that the conclusion that will be reached at the end of the study is that it might be bigger than what is needed here. Mr. McGraw replied that there are a number of properties and uses on this site and more urban uses may be appropriate. LCRB Member Goodhouse asked if the Fanno Creek rockbed would be taken into account and Mr. McGraw said due diligence is underway evaluating seismic and other hazards. If the facilities do not pass the test,then the location will need a larger setback. LCRB Member Woodard moved for adoption of LCRB Resolution No. 16-01. LCRB Member Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. LCRB RESOLUTION NO. 16-01-A RESOLUTION GRANTING AN INDIVIDUAL EXEMPTION FROM THE COMPETITIVE SCREENING & SELECTION PROCESS FOR ARCHITECTURAL SERVICES ON THE CIVIC CENTER VISIONING PROJECT Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse V 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDING TMC CHAPTER 3.24 SYSTEM DEVELOPMENT CHARGE PROGRAM a. Open Public Hearing -Mayor Cook opened the continued public hearing and announced that this is a legislative public hearing and anyone may testify. b. City Attorney: Read the hearing procedures (summarized below): 1. City staff will summarize the written staff report. 2. Council will take public comment. 3. Staff will have an opportunity to respond. c. Staff Report: Finance and Information Services Director LaFrance and Assistant Finance Director Fitzpatrick gave the staff report on proposed changes to the Tigard Municipal Code. Staff found in the course of administering previously adopted SDCs and their implementing documents inconsistencies and procedural gaps among the various documents.To address these issues an interdepartmental workgroup formed of representatives from Finance and Information Services,Public Works, Community Development and the City Attorney's Office to clarify and refine the adopted documents. A few code amendments were recommended that will address these issues. These were discussed with council at a workshop meeting. • Parks SDC credits will be allowed retroactive to January 1,2016 for construction of neighborhood parks that were not required as a condition of development approval and that meet the city's standards. TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 6 of 17 • Issuance of Transportation SDC credits for 50 percent of the local street portion of River Terrace Boulevard will be allowed. This is in addition to the credits allowed for the non-local street portion. • Deferral of payment until occupancy for Transportation SDCs on multi-family development will be allowed for consistency with Washington County's process. d. Council questions of staff e. Public Testimony: None f. Staff response to testimony: None g. Staff recommendation: Staff recommends adoption of the ordinance. h. Mayor Cook closed the public hearing. j Council Deliberation Council President Snider moved to approve Ordinance No. 16-10. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the Ordinance. Ordinance No. 16-10— AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE REGARDING CREDITS FOR AND PAYMENT OF SYSTEM DEVELOPMENT CHARGES City Recorder Krager conducted a roll call vote. Yes No Councilor Henderson V Council President Snider V Councilor Woodard V Mayor Cook V Councilor Goodhouse V Mayor Cook announced that Ordinance No. 16-10 was adopted unanimously. The City Center Development Agency was convened for Agenda Item No. 7. 7. CITY CENTER DEVELOPMENT AGENCY—INFORMATIONAL PUBLIC HEARING: ADOPT THE CITY CENTER DEVELOPMENT AGENCY FISCAL YEAR 2017 BUDGET WITH ADJUSTMENTS,MAKE APPROPRIATIONS,AND IMPOSE AND CATEGORIZE TAXES a. Chair Cook opened the public hearing. b. Chair Cook announced that any person wishing to comment on this matter shall be given the opportunity. c. Staff Report. Finance and Information Services Director LaFrance gave the staff report for the City Center Development Agency budget which covers the downtown area. The budget allows some specific ongoing programs. Some expenditures are related to the Saxony project and will allow for ventilation and cleanup of current facility,largely paid for by a Brownfield Grant and also allows for the purchase of this property by the CCDA from the city,repaying the parks bond fund. These are the main projects in the Fiscal Year 2017 budget. Other projects include the Nicoli transit center development which will be funded by a grant. TIGARD CITY COUNCIL MEETING MINUTES -June 14, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 17 Smaller projects include paying our scheduled debt service for the Ferguson property and repayment of loans previously made to the city by the CCDA. A technical adjustment to the budget approved by the Budget Committee will change the debt program to a capital program and there are a number of things that must be done that are not capitalizable. For example,when the city hires an architect to work with a business owner on a facade improvement,that charge is not capitalizable. $187,000 will be moved out of capital and into a community development program within the CCDA. This does not change the amount,just how the money is categorized. He emphasized that with this budget the city is utilizing virtually all of the resources of the CCDA,all but$20,000 (one percent margin). If we are off on any revenue forecasts or the beginning fund balance we will need to be making program and activity changes. Councilor Woodard asked what is included in the$187,000 amount. Mr. LaFrance said this includes $110,000 for the Nicoll transit center development which has a grant to help, $50,000 for strolling streets, targeted improvements, façade and skyline improvements. There is also $15,000 for architectural design to assist businesses with concepts and$12,000 for urban renewal and real estate advisors to update and provide financial review for the urban renewal plan. d. Public Testimony. No one signed up to speak. e. Staff recommends adoption of the FY 2017 CCDA Budget with technical adjustments f. Chair Cook closed the public hearing. g. CCDA Discussion and Consideration: CCDA Resolution No. 16-02 Director Snider moved for adoption of CCDA Resolution No. 16-02 with technical adjustments. Director Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. CCDA RESOLUTION NO. 16-02-A RESOLUTION ADOPTING THE FISCAL YEAR 2016-2017 BUDGET,WITH ADJUSTMENTS,MAKING APPROPRIATIONS,AND IMPOSING AND CATEGORIZING TAXES, with technical adjustments Chair Cook conducted a roll call vote. Yes No Director Henderson ✓ Director Snider V Director Woodard ✓ Chair Cook V Director Goodhouse V CCDA Chair Cook announced that CCDA Resolution No. 16-02 passed unanimously. The City Council was reconvened for remainder of meeting. Finance and Information Services Director LaFrance gave an overview of the entire budget process. It began in August with forecasting and prioritizing the capital improvement plan. He noted that TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 17 staff has been working on what former Mayor Dirksen referred to as the "fiscal cliff,"where city revenues do not keep up with the cost of services. The great recession also hit hard but Tigard has managed to keep that fiscal cliff at bay. There are now some reserves, as compared to 2010 where the city was at their cash minimums.To get there we had to make hard service level reductions in order to get expenditures below revenues. Hard decisions were made in order to keep expenses down.And as mentioned by Ms.Bentley during citizen communication,Tigard now has a workforce that contributes to their own healthcare,which is common in the private sector and where Tigard has been leading in the public sector. We have looked at our franchise and other fees. He said Tigard has a history of taking the long term view and tries to make sure decisions made today will keep everything afloat five years from now.A second round of cuts was made in 2012. We have fewer staff members today than we had before the recession. We also have a population that is higher than it was during the recession and service levels have not grown. We will have a lot of growth with River Terrance and infill development but the city will not be able to meet the service levels. Following Budget Committee recommendations a park utility fee was created which will not only fund parks but also removes them from the general fund leaving money available to be reallocated to other general fund programs such as police and the library. We did not go all the way because of the impact it would have on citizen utility bills. A discussion was held during Budget Committee on how to allocate the$900,000 that was made available through the creation of the park and recreation fee. The Budget Committee did a great job. There were over$4 million of service and facility level needs and the Budget Committee came forward with a package that is part of the budget to be considered tonight. We still have work to do.We still need to provide services and be able to ask the community that if they desire to receive the services they need and deserve are they willing to fund a local option levy. He said the city would not be able to get there without the actions taken over the last five years. It wouldn't be responsible to ask for more without having taken those measures. 8. CERTIFY THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE-SHARED REVENUES -RESOLUTION Finance and Information Services Director LaFrance introduced this item.This shared revenue is provided if a city provides at least four services and Tigard provides six.The revenues come from state cigarette,liquor and the state gas tax. Councilor Henderson asked if the cigarette tax has gone down and Mr. LaFrance said it has declined slowly over the last several years. Councilor Goodhouse moved for adoption of Resolution No. 16-20. Council President Snider seconded the motion and all voted in favor. RESOLUTION NO. 16-20-A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES—June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 17 Mayor Cook announced that Resolution No. 16-20 passed unanimously. 9. PUBLIC HEARING-DECLARE THE CITY OF TIGARD'S ELECTION TO RECEIVE STATE REVENUE FUNDING-RESOLUTION a. Mayor Cook opened the public hearing. b. Mayor Cook announced the hearing procedures.Any person wishing to comment on this matter shall be given the opportunity to comment. c. Staff Report: Finance and Information Services Director LaFrance said this is a further state disbursement of liquor tax revenues and requires a public hearing. There will be about $520,000 of additional revenue. d. Public Testimony. There was no public testimony. Proponents. - Opponents. - Response to testimony by staff. e. Staff Recommendation. City Attorney Rihala noted that the marijuana taxes are not subject to these requirements. Mayor Cook said the city should receive a check this fiscal year. f. Mayor Cook closed the Public Hearing. g. Council Discussion and Consideration: Resolution No. 16-21. Council President Snider moved for adoption of Resolution No. 16-21. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor Cook conducted a vote and the motion passed unanimously. RESOLUTION NO. 16-21 -A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook V Councilor Goodhouse ✓ 10. ADOPT CITYWIDE MASTER FEES AND CHARGES SCHEDULE REPLACING RESOLUTION NO. 04-99 AND RESOLUTION NO. 16-22 AND ALL SUBSEQUENT AMENDMENTS TO DATE Finance and Information Services Director LaFrance introduced this item and said as an annual review the city looks at fees the city charges but also those that are levied on behalf of other jurisdictions such as Clean Water Services. He said this was previously discussed at a Study Session and the summary outlines the changes. Based upon input given at the Study Session some changes have been made consistent with council direction. TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 17 Mayor Cook opened the public hearing. There was no public testimony. Councilor Woodard asked if the parks and recreation fee was included. Mr.LaFrance said the new fee was not listed so when adopted,the motion should include an amendment to add the parks and recreation fee at its current rate. Councilor Woodard moved for adoption of Resolution No. 16-22 with the amendment to add the parks and recreation fee at its current rate. Councilor Henderson seconded the motion. Council President Snider said some of the discussion he wanted to have about the budget may call into question the park rate. He felt it was backwards to approve fees until after the budget discussion. Mr. LaFrance said this motion could be held over until after the next agenda item. Councilor Woodard moved to table consideration of Resolution 16-22 until after the budget agenda item. Council President Snider seconded. Yes No Councilor Henderson V Council President Snider V Councilor Woodard V Mayor Cook V Councilor Goodhouse V At 10:23 p.m. after the Budget (Agenda Item 11)was approved,Mayor Cook conducted a vote on Resolution 16-22. The motion passed unanimously. RESOLUTION NO. 16-22-A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO. 04-99 AND RESOLUTION NO. 15-31 AND ALL SUBSEQUENT AMENDMENTS TO DATE with the amendment to add the parks and recreation fee at its current rate. Yes No Councilor Henderson V Council President Snider V Councilor Woodard V Mayor Cook V Councilor Goodhouse V 11. INFORMATIONAL PUBLIC HEARING:ADOPTING THE BUDGET,MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED BY- ORS 310.060(2) -RESOLUTION a. Mayor Cook opened the public hearing. TIGARD CITY COUNCIL MEETING MINUTES—June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 11 of 17 b. Mayor Cook announced that any person wishing to comment on this matter shall be given the opportunity to comment. c. Staff Report. Finance and Information Services Director LaFrance noted that per the background information given earlier, this is a hold-the-line type of budget with the exception of$900,000 of general fund available for reallocation due the parks and recreation fee which funds 40 percent of parks operations. The Budget Committee made some decisions: hiring three new police officers, a building condition assessment and replacement of the irrigation in Summerlake Park, funding the Downtown Tigard Association through a future action of a potential city Transient Lodging Tax (TLT).There was also money identified for a short term fix for the police roof. Mr. LaFrance said the budget also has an effective capital improvement plan with 21 projects in each of the next six years,with 14 pedestrian and trail projects related to the Strategic Plan.The city will be completing the Lake Oswego/Tigard Water Partnership Project. As in Operations there are many projects that cannot be funded,including over$33 million in parks and transportation.This budget is sustainable for the next six years. The sewer fund was in dire need but due to recent action taken by the council to adopt a sewer surcharge our sewer fund is in a healthier position. It does meet our obligation to have over 25 percent of operating costs in our reserves. It also maintains the $1 million rainy day fund within the general fund. Mr. LaFrance said council will be approving a resolution with Exhibit A which is the schedule of appropriations. Exhibit B is a technical adjustment which includes changes that if known at the time of the Budget Committee meetings,we would have proposed them. Three are in operations for a total of$447,000 and five are carry-forward projects to our capital improvement plan. None of the technical adjustments increase expenditures in any one fund over ten percent which is important because under Oregon budget law, council can make changes to a budget approved by the Budget Committee but not by more than ten percent without reconvening the Budget Committee.Also attached in the meeting packet is a memo outlining Budget Committee actions and an updated general fund forecast. The memo outlines the Budget Committee actions and an update what the general fund forecast would look like under the recommended budget. There is also information about the impact any additional expenditures (in$25,000 increments)would have on the rainy day fund, without assuming any additional revenue. d. Public Testimony. Proponents. PRAB Member Holly Polivka, 14305 SW 100th Avenue,Tigard 97224 said she is the PRAB Chair and is also a city employee and urged council to settle a fair labor contract. She noted that the MIG study indicated in year 2 that$200,000-$275,000 should be put towards a recreation program. Recreation Coordinator Markey created the Tigard Egg Hunt, surpassing participation projections and is working on Family Fest. A recreation guide was produced. She said the rec program is a great way to raise money for the city. She said she did not want the fledgling city recreation program to lose momentum. She said we will have to cut back if we cannot add funding for parks and recreation. We want to give citizens a taste of what they could experience with a recreation program. Just a bit more money could make or break the rec program. Council President Snider asked what amount she was referring to and Ms. Polivka said$250,000-275,000 more. TIGARD CITY COUNCIL MEETING MINUTES—June 14, 2016 City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov 1 Page 12 of 17 Opponents -No one testified e. Response to testimony by staff. None. f. Mr. LaFrance said staff recommends adoption of the FY 2017 City of Tigard budget with amendments and with technical adjustments outlined in Exhibit B. g. Mayor Cook closed the public hearing. h. Council Deliberation on Resolution No. 16-23. Councilor Woodard mentioned that he did not like adopting the valorem tax levy and the budget being on the same sheet. He would prefer them to be separated. He said it was frustrating to him as his deliberation tonight will explain. Mr. LaFrance said the city needs to do both and have done both on the same sheet as long as he has been at Tigard and he understood that they must be on the same sheet. He will investigate with the Department of Revenue. Councilor Woodard asked what portion of the parks and recreation charges go to recreation. Mr. LaFrance said all of the park and recreation fee goes to the park utility fund. He said council did not take action to make a portion of the fee be applied towards a certain place,like recreation. He said the fee pays for about 40 percent of the parks and recreation program. Staff proposed seven different levels of funding recreation and council chose funding year one. Council President Snider noted that he has heard differing information and wanted to know if year two of the MIG plan is funded or not. He asked if the city is getting behind in what is planned in the MIG study. Mr. LaFrance said yes,it was. Council President Snider said that was unacceptable.Mr. LaFrance explained that Tigard was able to get the first year things done for less than expected. We hired a Recreation Coordinator who was able to accomplish more out of year one and uses resources well. Another$128,000 would get us to items identified in year two. He said the MIG study is a framework;it can be changed. We are getting the goals of year two done but need$128,000 more. Councilor Woodard referred to a discrepancy in the Fanno Creek House issue paper. He said it is not true that we have a parks and recreation division. We should have a fund dedicated to a division. Mr. LaFrance said a division is just a sub-unit of a department and does not mean it gets a fund. He reiterated that the fee goes into the parks utility fund as well as a transfer from the general fund and can only be used for parks and recreation. Councilor Woodard asked, "Can it be pulled or used for something that is not recreation programming?" He said he is very concerned about this and this is not acceptable to him. Mr. LaFrance responded that when council set up the fee in the Tigard Municipal Code they also said what it can be used for. It can be used for existing parks,recreation,maintenance and programming,but no capital projects. Council President Snider asked how much would need to be added to the park utility fee to raise the$128,000 difference and Mr. LaFrance estimated it would raise 10 percent or 0.38 cents. Council President Snider asked what the cost is for one additional police officer and TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 13 of 17 Mr. LaFrance said ongoing costs would be approximately$115,000 plus $15,000 in one-time expenses to get that officer set up. Councilor Woodard said he missed one Budget Committee meeting and was not happy when returning to find everything had changed. He said he has been fighting for recreation since 2011. He said recreation falls to the bottom of the pile of needs. Tigard needs to be a competitive city and recreation attracts people to a city. A civic facility would support our police officers,city needs and a recreation center. He said he is also very supportive of the police because, "without security,you have nothing." Councilor Henderson said he remembered clearly that there was an agreement to take$1 million out of the general fund and fund three items (library, ending balance and unfunded recreation programs). He was surprised to see 15 new items that he did not get a chance to vote on. He is concerned that council is not staying true to what was originally going to be done with that money. The Budget Committee was on board but now it felt like a bait and switch. He is concerned about how to fund the unfunded recreation program and also agrees with all that has been said about police coverage. It has been a long-term problem. Mayor Cook said he agreed with Councilor Woodard on expanding program funding and then turning around next year and cutting them. Money was set aside for rainy days. We do not know when the next recession will come so it takes a lot for him to spend from a rainy day fund. He said he supported the park and recreation fee because it was a bandaid but cannot support expanding the fee. He disagreed with Councilor Henderson on the bait and switch comment. He said he does not feel there was a promise anywhere that recreation would get a part of that funding. He said the city has a lot of infrastructure that needs to be taken care of first before expanding programs. We have a roof problem that we need to fix. We need to take care of what we have before we expand. He understands that it is a good program and people love it but he does not want to expand it today and then have to cut it. In his priorities he feels public safety is a higher priority than recreation. Councilor Woodard commented to Councilor Goodhouse that recreation can raise money and be self-sustaining. He attended classes on this revenue in West Virginia run by the National Recreation Parks Association. He thinks it is important to get the money to complete years one through five of the recreation program but does not want to increase the park fee rate on utility bills. We need to take a stab at an operational levy. Councilor Snider expressed concerns about eroding police response time. He said council is not doing their jobs. He said citizens would be disgusted about the increase in response time to their calls. Councilor Goodhouse said he supported a fourth officer but could not support paying more for recreation. Councilor Woodard said if we do not fight for recreation it is at risk for disappearing. He said the police would like to have ten new officers but he felt confident they can work with the three that are being added. A local option levy is not guaranteed to pass. He does not want to push off$100,000 to take care of deferred maintenance and recreation. He said the only program that will raise revenue is recreation and he hoped he could convince Councilor Goodhouse. Councilor Goodhouse said he was supportive of raising the park fee to$10 and this would have funded it. But that amount did not have council support. Councilor Woodard said the increase to$10 was too much,without a vote. TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 14 of 17 Council President Snider talked about eroding, declining police response time to highest priority calls. He gave the example of someone in Tigard calling police in the middle of the night because someone they do not know is in their backyard,high on drugs,banging on their door and having to wait for police for 2.5 minutes longer than the usual response time of five minutes. He said this is an actual call he has responded to in the city. Council President Snider moved for adoption for Resolution No. 16-23 with adjustments, and specifically transferring$100,000 to the recreation program and$115,000 ongoing to police for three additional police officers and$15,000 for one-time police officer training costs,with technical adjustments. Councilor Henderson asked where the money was coming from. Council President Snider said it is decreasing the reserves. Finance and Information Services Director LaFrance said for the record that the $100,000 for recreation will be a transfer from the general fund to the parks utility fund and then will be a programmatic appropriation within the parks utility fund for recreation. Council President Snider said he has an involvement in Fairhaven Recovery Homes and may have a conflict of interest. Mr. LaFrance said they are in the budget for receiving a social services grant. City Attorney Rihala asked if he had a financial interest and Council President Snider replied that he rents a home to that organization and she advised that he should not vote on that item. Councilor Goodhouse moved to remove social services grants in the amount of$351,387 from the budget for a separate vote. Councilor Henderson seconded the motion. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook conducted a vote and the motion passed unanimously. RESOLUTION NO. 16-23 - A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE APPROVED BUDGET, WITH ADJUSTMENTS, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY,AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2017, WITH TECHNICAL ADJUSTMENTS, and social services grants removed to be considered separately. Yes No Councilor Henderson V TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 15 of 17 Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Goodhouse moved to approve the social services grants amount of$351,387. Councilor Henderson seconded the motion. Mayor Cook conducted a roll call vote. Yes No Abstain Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard V Mayor Cook V Councilor Goodhouse V Mayor Cook announced that the motion passed by a majority 4 yes,with 1 abstention. Council considered Agenda Item 10 at this time. 12. INFORMATIONAL PUBLIC HEARING: CONSIDER APPROVAL OF FOURTH QUARTER SUPPLEMENTAL BUDGET a. Mayor Cook opened the public hearing and said anyone would be able to comment. b. No one signed up to speak. c. Finance and Information Services Director LaFrance introduced this item, noting that the budget was amended with supplemental material distributed tonight which has been added to the packet and shows an increase of$8,000 rather than $2,000. The following funds were affected: Transportation Development Tax (11Y1) and Parks SDC. d. Mayor Cook closed the public hearing. e. Councilor Woodard moved for adoption of Resolution No. 16-24. Council President Snider seconded the motion. f. City Recorder Krager read the number of title of the resolution. RESOLUTION NO. 16-24-A RESOLUTION TO AMEND THE FY 2016 ADOPTED BUDGET TO ACHIEVE THE FOLLOWING: BUDGET ADJUSTMENTS IN THE CAPITAL IMPROVEMENT PROGRAM as amended with supplemental material received tonight g. Mayor Cook conducted a vote and the Resolution passed unanimously. Yes No TIGARD CITY COUNCIL MEETING MINUTES -June 14, 2016 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 www.tigard-or.gov I Page 16 of 17 Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse V 13. NON AGENDA ITEMS None. 14. At 10:27 p.m. Mayor Cook read the Executive Session citation and said the Tigard City Council was entering into Executive Session to discuss pending litigation or litigation likely to be filed under ORS 192.660 (2) (h). He said the Tigard City Council would adjourn from Red Rock Creek Conference Room after the Executive Session. The Executive Session ended at 10:51 p.m. 15. ADJOURNMENT At 10:51 p.m. Councilor Goodhouse moved for adjournment and Councilor Woodard seconded his motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Henderson V Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Carol A. Krager, City Recorder Attest: John L. Cook,Mayor TIGARD CITY COUNCIL MEETING MINUTES —June 14, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 17 of 17 , •III mu City of Tigard Tigard City Council Meeting Minutes TIGARD June 28, 2016 _ . _ __. , _., _ _ .....,a STUDY SESSION 6:30 p.m. City Council present: Mayor Cook, Council President Snider, Councilor Woodard, Councilor Henderson and Councilor Goodhouse Staff present: City Manager Wine, City Attorney Ramis, Senior Management Analyst Wyatt, Communications Strategist Owens, Community Development Director Asher, Economic Development Director Purdy, Redevelopment Project Manager Farrelly and City Recorder Krager A. COUNCIL LIAISON REPORTS Council President Snider said he attended the Friends of Bull Mountain Park event in lieu of Mayor Cook. He said it went well and he thanked staff for helping him prepare for it. Councilor Henderson reported that the Balloon Festival was a great success. He would like to look at the city's involvement and logistics. Mayor Cook said he attended a Transportation Strategy Task Force where the gas tax was discussed. Tigard will put together an RFFA (Regional Flexible Funds Act) grant for the last segment of the Fanno Creek Trail from Bonita Road to Durham Road. Councilor Woodard reported in the Intergovernmental Water Board where an IGA between the IWB, City of Durham and Tigard Water District was discussed. B. RECEIVE ECONOMIC DEVELOPMENT UPDATE • Economic Development Manager Purdy updated council on the first half of 2016. Economic Development projects include Hunziker infrastructure,Tigard's Table,the Tigard/Lake Oswego Enterprise Zone, a Connect Oregon VI grant proposal,Tigard Downtown Alliance,business retention and expansion and other economic development data. He showed updated graphics illustrating Tigard's four primary business sectors with statistics on number of firms,number of employees and average salary in each sector. Statistics show that jobs in the Management/ Professional and Trade/Supply Chain sectors are among the highest paid in Tigard, averaging $65,000-$68,000 annually. Graphics illustrated that 40,731 employees commute into Tigard to work and 20,965 Tigard residents commute somewhere else to work. 3,407 residents live and work in Tigard. Fifty-three percent of Tigard residents have a one-way commute of less than 10 miles,but 10 percent travel more than 50 miles. TIGARD CCDA/CITY COUNCIL MINUTES-JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 1 of 18 • • • C. DISCUSS THE LEAGUE OF OREGON CITIES PROPOSED STATE LEGISLATIVE PRIORITIES Senior Management Analyst Wyatt said there were 217 days until the next Oregon legislative session begins. The League of Oregon Cities has identified 29 objectives and is asking cities to prioritize their top four for LOC focus next session. Each councilor identified their priorities and City Manager Wine summarized their consensus: 1. Property tax reform 2. Transportation 3. PERS reform 4. Affordable housing/investment in mental health (tie) These priorities will be shared with the LOC. D. RECEIVE BRIEFING ON METRO EQUITABLE HOUSING PLANNING AND DEVELOPMENT GRANT APPLICATION Community Development Director Asher and Redevelopment Project Manager Farrelly briefed council on a Metro grant program the city is interested in applying for to help develop the SW Corridor Affordable Housing Predevelopment project. The region is facing housing challenges and the SW Corridor Project will create additional upward pressure on affordability. Staff wants to create a predevelopment feasibility program that will engage the community at risk for potential displacement by the corridor,identify relocation site opportunities,analyze affordable housing funding and build capacity and community leadership. New temporary Assistant Planner Hanna Holloway has been hired to work alongside Redevelopment Project Manager Farrelly to do research and learn about writing grants. Staff will return to a July council meeting with a resolution for council consideration that supports the grant application. In addition, the City of Portland wants to tackle housing issues along the SW Corridor and Tigard staff will be joining them on their committee. 1. BUSINESS MEETING iJ A. At 7:39 p.m. Mayor Cook called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. TIGARD CCDA/CITY COUNCIL MINUTES-JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 2 of 18 D. Mayor Cook called for any Non-Agenda items. None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—City Manager Wine said Assistant City Manager Newton will report on follow-up with Bonaventure residents at the next meeting. B. Citizen Communication—No one signed up to speak on items not on the agenda. 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) — A. CONSIDER RESOLUTION WAIVING TEMPORARY SIGN PERMIT FEES FOR TIGARD LI FILE LEAGUE A RESOLUTION WAIVING$126 IN TEMPORARY SIGN PERMIT FEES FOR TIGARD LITTLE LEAGUE B. LCRB—CONSIDER POLICE VEHICLE PURCHASES C. LCRB—CONSIDER WATER QUALITY TESTING SERVICES CONTRACT AWARD Council President Snider moved for approval of the Consent Agenda and Councilor Woodard seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Goodhouse V Councilor Henderson V Council President Snider ✓ Councilor Woodard V Mayor Cook V 4. CONSIDER RESOLUTION NO. 16-26 REAPPOINTMENT OF PARK AND RECREATION ADVSIORY BOARD ALTERNATE MEMBERS Parks Manager Martin presented this item. There were no vacancies in terms so these alternates did not move into a regular member spot and were reappointed as alternate members. Councilor Woodard moved for approval of Resolution No. 16-26. Councilor Henderson seconded the motion and the motion passed unanimously. TIGARD CCDA/CITY COUNCIL MINUTES-JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 3 of 18 RESOLUTION NO. 16-26 -A RESOLUTION TO REAPPOINT TIMOTHY PEPPER AND SARA DARLAND TO ONE-YEAR TERMS AS PARK AND RECREATION ADVISORY BOARD ALTERNATE MEMBERS Yes No Councilor Goodhouse V Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ 5. LEGISLATIVE PUBLIC HEARING: CONSIDERATION OF A RESOLUTION APPROVING BALLOT TITLE LANGUAGE FOR A SW CORRIDOR BALLOT MEASURE FOR THE NOVEMBER BALLOT a. Mayor Cook opened the public hearing. b. City Attorney Ramis read the hearing procedures. A copy of the procedures was available at the front of the room. c. Staff Report- Community Development Director Kenny Asher gave the staff report and showed maps of the SW Corridor Project(SWC) area and alignment options. He said staff is recommending three actions for council to take to place a measure on the November ballot authorizing the siting and construction of a high capacity transit corridor project in Tigard. He noted the required steps include three pieces of legislation—two ordinances and a resolution. He noted changes were made to the materials presented at the June 7, 2016 council meeting and the city was beginning to hear from community members, some of whom were present to testify. Project representatives were also present to answer questions as needed. Mr.Asher said Tigard's Charter Section 53 describes exactly how this should happen so there are rules of engagement for how the city might be able to gain authority in Tigard for a high capacity transit project.A map was projected showing the entire SWC transit project which is now known to be a light rail project. Alignments are not fully determined but it is understood where it will and will not go and there is enough information for the city to provide voters with the required information under Section 53. Most of the route from Portland is understood and will either take Barbur Boulevard or use a portion of right of way adjacent to I-5. There are a few options to travel on Barbur Boulevard. Once within Tigard there are still decisions to be made on alignment. He showed a zoom-in map showing options to downtown Tigard once the line is in the Tigard Triangle. Clinton,Ash or Wall and then down to Bridgeport along railroad tracks (WES) or adjacent to I-5. Once in Tigard there are decisions to be made.There are few ways to get from the Tigard Triangle to Downtown Tigard using Clinton Street,Ash Avenue or Wall Street,then eventually on to Bridgeport along the WES tracks or I-5. He showed a second map and described downtown Tigard options. There is an idea to have a branch once inside the Triangle where the first train would go to TIGARD CCDA/CITY COUNCIL MINUTES —JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 4 of 18 downtown and the second to Bridgeport. Branch route options include using Clinton,a Beveland fly over 217 to Ash terminating near the existing transit center. A third branch idea is to branch off over 217,run along Wall Street (which is a street a focus of economic development department) and then go to downtown along the WES tracks. The other train would go straight to Bridgeport. He said the project in its current state does not have a defined alignment. Community Development Director Asher said the actions council will take are about changing this Charter section and council will need to consider three items tonight. 1. First,a procedural ordinance will be considered which provides a procedure to implement Charter Section 53.C. This paragraph requires certain information be provided to voters if they consider taking up the question of high-capacity corridor projects. He said the city council has the authority to adopt definitions for terms that are not defined or are ambiguous in the Charter. Staff felt it important that council approve what staff feels is the definition of Charter Section 53. Nine definitions are provided for key terms and phrases. General provisions and timeframe are discussed, as "we only know what we know now." He said we cannot know more than that at this time because the project is only at a certain state of design.There is information on roadway capacity and how it is interpreted. There is also a section on corridor housing redevelopment,which should not be misunderstood as density. Density is part of what the city is required to disclose. There is methodology on roadway capacity and a procedure for approving all of this which is that it must be done in a public meeting with public testimony 2. Council's second vote is on the authorization ordinance. This is what the voters must ratify. This will be forwarded to the voters for their consideration. It will be on the website. There are four sections in this ordinance which talk about how it meets the Charter requirements. The city is required to disclose legislative amendments that the project would require,the public cost, density increases and roadway capacity that would be reduced with the project.This ordinance only goes into effect if approved by the voters on November 8. 3. The third item is a resolution to submit the authorization ordinance to the voters and direct the city's elections officer to file the measure with the county elections before September 8 with Washington County. He discussed the timeline and said August 19 is the last city council meeting date to approve filing a ballot title so the city election's official can publish and allow for the challenge period. He said staff is hoping council takes action tonight so there is time to continue work on the ballot title in the case of an appeal and still be ready to take action to meet the filing deadline. Delaying until a July council meeting may be too late to go through the appeal process. Mayor Cook requested that Mr. Asher to highlight the revisions made to the ballot title. He replied that at the June 7, 2016 CCDA meeting the CCDA Board directed staff to make this ballot language as clear and simple as possible. He, the City Attorney and City Manager Wine have met weekly to work on this. They were committed to following the requirements of Charter Section 53. He said the new ballot tide is, "Allow City to support extending light rail service to Tigard." TIGARD CCDA/CITY COUNCIL MINUTES -JUNE 28, 2016 City of Tigard I13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 5 of 18 He said they do not refer to high capacity because we know it is light rail now. That is all the voters would be authorizing at this time, not a high-capacity transit project, subways or rapid bus transit. He said there was a change in language about housing density as they looked at the definition and found they were being inconsistent. It is defined as a change in zoning density. The density anticipated with this project is permissible with today's zoning. It is not an increase because it would be within the current density. The estimated public cost jumped by $400 million due to sharpening of pencils at TriMet. He said there are representatives from TriMet present if council has questions. Clarifying language states that no traffic lanes or contiguous properties along Pacific Highway in Tigard are impacted. Those are impacts to the lanes themselves. This project is not on Pacific Highway and has not been for years. The Charter asks for the amount of roadway capacity reduction not just for current roadways but also for public rights of way that could provide road capacity at a future date within five miles of the city. The key figure is three one-hundredths of a percent, or 0.03 percent impact on capacity in this radial (five-mile) area around Tigard. There are three main corridors in that five-mile radius including Barbur Boulevard,Pacific Highway and Highway 43. Mr.Asher said just looking at the one being touched by this project,which is Barbur Boulevard, the capacity impact looks to be more like two percent at the worst choke-point but that is not what the Charter is asking for. It asks for the five-mile radial impact. Much effort went into figuring out where the unused roads might be. This might be unused right of way that could be converted to a lane at an intersection for example. The project team came up with a range of one to five acres and being conservative, chose five acres. DKS Transportation Engineers' Principal Peter Coffee was present to discuss the roadway analysis. Mayor Cook said there were many holes and question marks in the early version of the ballot title seen on June 7 and he wanted people to know that answers were not changed; they were just not known at that time. He asked Engineer Coffee if the ballot tide is an accurate description of roadway capacity within a five-mile radius of Tigard as required by the charter. Engineer Coffee said it was. He said the Charter refers to a five-mile radius around the city and that is quite a large area, ten miles in diameter. They looked at all of the roadways in that area and hence the percent is smaller. Mayor Cook asked City Attorney Ramis if the ballot title meets the Charter and Mr. Ramis said he concluded that it does. He said the Charter says we needed to come up with an amount and needed to measure capacity. The engineer was asked to come up with a measure, in this case a percentage change, and we have measured capacity and he understands this was done according to standard traffic engineering principles. Mayor Cook asked Engineer Coffee if he agreed with Community Development Director Asher's statement that there were no impacts to Pacific Highway in Tigard. Engineer Coffee said he agreed that there are no impacts and this is documented in his report. He said there are no alignment options on Pacific Highway in Tigard. They looked at Barbur Boulevard and there are some impacts at key bottleneck locations near traffic signals on Barbur. They examined the possibility of constraint if northbound traffic on Barbur were to back up onto Pacific Highway into Tigard and the answer is no. DKS also looked at the other constraint of southbound traffic from Barbur Boulevard and I-5 TIGARD CCDA/CITY COUNCIL MINUTES -JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I www.tigard-or.gov Page 6 of 18 onto Pacific Highway. They both have capacity and when they merge the constraint is really Pacific Highway in Tigard.There is no impact to Pacific Highway in Tigard from this project. Mayor Cook asked if it is accurate to describe roadway capacity changes in percentages and why miles or feet were not used. Engineer Coffee said the definition of roadway capacity is vehicles per hour, or how many vehicles per hour can get through the roadway and typically they look at bottlenecks and constraint points. That is why we want to measure capacity in terms of vehicles per hour. Defining capacity in terms of area does not always make sense. Adding lanes to a roadway may not affect capacity. Mayor Cook asked City Attorney Ramis if, from a legal standpoint,this methodology satisfies the Charter. Mr. Ramis said he did. He said they originally examined this problem from the point of view of simply measuring the linear distances affected in terms of miles or footage. However,that did not measure capacity,just the amount of pavement. We learned in working with Engineer Coffee that there is not a direct correlation consistently between the amount of pavement added or taken away and capacity. The Charter demands that we measure capacity and that is why that approach was taken. Mayor Cook put it another way and said even if there were ten lanes on Pacific Highway and ODOT still has a two-lane overpass,capacity does not increase because there is a bottleneck at the overpass. Engineer Coffee said that is correct. Councilor Henderson asked if when calculations were done was credit given to the use of bus rapid transit now or in the future. Engineer Coffee said yes,they looked at a horizon of year 2025 am and pm peak traffic conditions and took into account light rail being there and also that there may be busses used now that may not be needed in the future. Council President Snider noted this has been discussed for a long time and he was comfortable with the general approach. Councilor Woodard said he is comfortable with the methodology and had no questions. Community Development Director Asher said not everyone is comfortable with the methodology and some alternate ballot title language had been submitted by Mr.Winters and Mr. Esau also submitted written testimony. Mayor Cook said testimony received earlier has been entered into the record by City Recorder Krager and council has taken time to read it. d. Public Testimony. Proponents— Richard Roche', 13950 SW Aerie Drive,Tigard, OR 97223, said he has been a Tigard resident for 25 years and regional projects like the Southwest Corridor are complex as the city is aware, but the real issue is the 20-30 year vision for the city. Traffic today on 99W is getting really congested. He can get to 99W in about 8 minutes from his house in the morning but if often takes 30 minutes to get to I-5 from Gaarde/McDonald. The City of Portland has communicated that there could be one-half million new residents in the area in the next ten years and some of them will live in Tigard and Sherwood so they will drive through Tigard. We know this is expensive and complex project and there are a lot of federal regulations involved,but it is critical to maintain Tigard as a livable city. As a resident he fully supports the city's involvement in planning, public engagement, proposed amendments and going out to the public for a vote. TIGARD CCDA/CITY COUNCIL MINUTES-JUNE 28, 2016 City of Tigard I13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 7 of 18 • Kevin Watkins, 11330 SW Viewmount Court, Tigard, OR 97223, said he echoed what the previous speaker said. He wanted to supplement it with a few points, saying this process has been very thorough,very transparent. It has had a lot of public input and seems very robust. He said everyone should be commended for that. Secondly is the comment about investments. Tigard's share will be a fraction of the $2.4-2.8 billion. See what the benefits are to us and we should be making these investments. Debi Monahan, CEO of the Tigard Chamber, 12345 SW Main Street, Tigard, OR 97223 said the Tigard Chamber, on behalf of the Tigard business community would like to speak tonight in support of the proposed authorization ordinance to be submitted to the voters on the November ballot., which if passed, would allow the city to support extending light rail (MAX) into Tigard, including downtown. This is critical to the success of the larger SW Corridor project connecting Portland to Tigard and Tualatin and is beneficial to the vision of the Downtown Tigard Urban Renewal District. We have seen in other local jurisdictions that investments both private and public flourish around light rail nodes and lines, benefitting those local economies. Tigard needs to not only determine what is best for Tigard but as partner to our neighboring communities, what is best for the region. That will need to be considered by our voters. She sat through presentations on what mode would be best and agrees with the conclusion of light rail over bus rapid transit. She said she gets constant feedback from residents and businesses about increased commuting times, increased traffic and more, which affects quality of life, impacts business bottom line and service delivery. High capacity transit in Tigard and south metro area is vital to manage the future growth that is predicted in the region over the next 20 years. Having multiple modes of transit available is vital for commerce and a healthy society. Thank you for moving in the direction of putting this to a vote. It is vital for Tigard and the region. Kathryn Merrill, 12375 SW Hall Blvd., #3, Tigard, 97223, said she has been a Tigard resident for 15 years. She is in favor of putting this to a vote in November. She agrees wholeheartedly with the people who spoke before but no one has talked about the negative side of what would happen if we don't proceed. We will have more gridlock,increased carbon emissions and more traffic. TriMet has increased the number of busses available but they are almost always at capacity at peak hours. Forget about freeways—they are gridlocked at peak and off-peak hours. It harkens back to her days in California where she had to get up at 6:30 so she could get to slot to be at work by 8:00.in Los Angeles She is seeing that happen today. She hears the opposition say, "build new roads". Where would they be built? Where would they go? How many dollars are you willing to put forward to purchase eminent domain for new roads? High speed light rail linking Tigard to downtown would certainly improve these conditions. Improved bike lanes and pedestrian walkways that would be built as part of this project would certainly enhance livability in Tigard. Sue Christenson, 15655 SW 114th Court,Tigard, OR, 97224, said she has lived in Tigard for 22 years and retired when traffic to and from work at the Lloyd Center got to be too much to handle. She said now that the city has the decision to pass light rail,make sure it gets on the ballot correctly and that it gets passed by the voters. She said the city has done a great job on the background checks and research necessary to address every specific request from the 2014 vote. Tigard is growing and moving in the right direction. This is a wonderful place to live and she wants to ensure it will stay this way.After reading the June Cityscape online, she commended staff. The article on transit is really well done.You clearly show that you seriously followed all the requirements of this measure and fulfilled the requirements of the 2014 public election that changed the city charter. So now that TIGARD CCDA/CITY COUNCIL MINUTES -JUNE 28, 2016 City of Tigard I13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 8 of 18 is all done I am hoping that we can move forward.You are putting it in the public's hands clearly and precisely. It has taken longer than originally planned a few years ago when you started this but you are almost there and the city is going to be better. The city will get larger because we will have more business and more housing will come. The citizens here now will have help paying taxes because there will be more businesses and people and the economy will grow. She encouraged council to move forward tonight. Craig Dirksen, 9131 SW Hill Street,Tigard, OR 97223, thanked council for giving people an opportunity to speak on this issue tonight. He said he has been a resident of Tigard for 39-years,is a past city councilor and mayor of Tigard and is currently the district representative at Metro. He thanked Mayor Cook and the council for their involvement in the process. It is vital that Tigard's interests be represented as decisions are made. It is important that this measure be put on the ballot and passed so that Tigard can continue to influence decisions and keep moving forward to support Tigard's future vision. He had one recommendation for the ballot title and that was is to change the road capacity impact from a numeral, .03 percent, to spelling out the words, "three-one-hundredths of one percent." He said this will make the calculated impact more clear to people reading the measure. Tigard has a desperate need for an improved transportation system to serve this corridor. We need increased transit reliability and capacity and coupled with plans to improve road capacity on I-5,217 and 205, this will help meet our needs for the 21St century. It is important remember that transit funding comes from non-highway sources and it does not compete with highway projects for dollars at the state and federal level, from where the vast majority of the funding comes. While the plan will aid the city's future plans to meet the needs of future growth while protecting existing single-family neighborhoods,it is mainly important as a transportation improvement. LRT will help Tigard workers and Tigard businesses. It would help link Tigard residents to jobs in Portland but also connect workers in Portland to new jobs in Tigard where already thousands of Portlanders commute daily for work in Tigard. The SW Corridor Plan has been a long public process in which Tigard citizens and leadership have had an influential role from the beginning that needs to continue and I look forward to continuing involvement in the process to meet the transportation needs of the corridor and the region. Betty Nelson, 10275 SW Meadow Street,Tigard, OR 97223, said she agreed with much of what Mr. Dirksen said. She has lived in Tigard for 38 years and supports this effort to help manage Tigard transportation which is vital for our future. The proposal states that the costs will be borne by federal grants and that no new or increased City of Tigard fees are anticipated. The federal money is tax that we are already paying and it is a plus to get some of that back to address our needs in the transportation arena. We all are acutely aware of the difficulty of getting around our main arterial roads without expending considerable time and gas, running our cars while sitting still, adding to frustration and air pollution, not to mention the costs to industry trying to move their products. This proposed MAX line will allow substantially more people to move around without adding more automobiles to an already overcrowded street or highway system. That will also reduce the gas emission pollution as a side effect of fewer cars idling for long periods. All of this without additional fees or any loss of road capacity in Tigard sounds like a win-win. The previous measure passed in Tigard in 2014 demands a citizen vote before even planning a transportation project. This measure allows that vote and I certainly stand strongly in favor of it. TIGARD CCDA/CITY COUNCIL MINUTES -JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 9 of 18 Ralph Hughes, 12855 SW Morningstar Drive, Tigard, OR 97223 said he moved here since 2001 after living in several different areas with Denver being the longest residence. He travels to Denver travels at least twice a year and has seen the transportation build out in that particular city. He recently took the newly opened train line from the airport to downtown for $9. He sees an opportunity here to increase the transportation choices that we currently do not have. There is absolutely no reason not to proceed forward with this measure based on the fact that you have covered the bases of what he considered a poorly written ballot measure in the first place that eve brought us to this point. We are spending a lot of money and time and he wished the previous measure had not passed by a few hundred votes. He hopes that the ballot goes forward and that Tigard can have a clean, truthful yes or no discussion on the pros and cons of putting light rail into Tigard. Elise Shearer, 9980 SW Johnson Street, Tigard, OR 97223, said as a 29-year resident in Tigard she has witnessed the growth and congestion in traffic problems. She gave high praise to the engineering staff who prepared the traffic and road impact report. Not only was it very thorough and impartial,it demonstrated how the in-depth planning made by staff has made a Herculean effort not to impact current road use and future street and road right of way. The success of this ballot measure will provide a multi-faceted approach to transportation that will help the next couple of generations of our families and citizens and that will be our lasting legacy to them. She said to keep in mind the word legacy and suggested it be used as a sticker when promoting this project. Margaret Doherty, State Representative from House District 35, 9370 SW Martha Street,Tigard, OR 97224. She said sometimes when driving on 99W she gets obsessed and times stop lights. It is not unusual for it to take 20-25 minutes to go from Walnut Street to near the high school. We know that traffic congestion is the number one issue that faces our citizens. She said she was on Tigard's Planning Commission for 8 years and they discussed the SW Corridor during that time. She commented that this goes through with complete transparency and Tigard citizens like and understand transparency. Her second point was that this is not a funding measure. If the city were to be asked to spend more money they would have to go back to the voters. Light rail will not be on Highway 99W. When the previous measure was passed the proponents said that but she told them it was never really in the planning stages for that. She said she has attended dozens of planning meetings, open houses, and steering committee meetings for this and 99W has been off the table for a long time. If light rail comes Tigard will be a destination. She said looking at what it has done to the cities of Milwaukie where people on a Saturday afternoon go to look at the businesses and try restaurants. People want to find out what is going on. Unless we make transportation investments our businesses and jobs will suffer. The last election that changed the city charter required the City of Tigard to have a transportation analysis on the effects of light rail and the report said that no streets would be lost in Tigard, there would be significant road capacity and that Tigard would gain new sidewalks and bike paths. She asked council to let Tigard get on the train and put this on the ballot. Tom Murphy, 8152 SW Ashford Street,Tigard, OR 97224, said he is a 23-year resident. During the campaign on 34-210 he talked to a Tigard resident who told him that they read the measure twice and did not understand it so they voted yes because they figured they would have another opportunity to vote on a measure that they would understand. He said the measure before council tonight gives them the opportunity. The language of this measure is clear and straightforward. Those qualities were regrettably lacking in Measure 34-210. The language of this measure gives the TIGARD CCDA/CITY COUNCIL MINUTES-JUNE 28, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 10 of 18 citizens of Tigard a simple choice—yes or no on light rail. If we give the proponents of Measure 34- 210 the benefit of every doubt,this is the vote they wanted this city to have. He said by his reading of the ballot title it complies with the requirements of Charter Section 53. He said in regards to that compliance he will defer to the city attorney. He said he knows Mr. Ramis to be a careful and conscientious practitioner. He said for lawyers words are their life and Mr. Ramis uses words to communicate and not to confuse. He said the best interests of the City of Tigard are served by sending this measure to the ballot in its present form. Evelyn Murphy, 8152 SW Ashford Street, Tigard, OR 97224, said people have spoken about their experience in other communities. She was born and spent her first 11 years in southern California. In the 1950s it was a strange but beautiful place. She hears people say, 'We need more roads. If they would only give us more roads everything would be OK." She said she went back to southern California last year and anyone who thinks that more roads will solve all of our problems needs to take a look at what they have there. They have lots of roads. What they don't have is comprehensive, careful,multi-system planning. That is what we are working towards here. She spoke about acting in good faith and keeping faith with each other — those who need choice in transit, not just as a preference but because of what they need to get around, because they cannot drive or afford to drive and those who cannot bike or walk. The vulnerable among us need mass transit to be safe because they have challenges. She urged both sides to keep faith with our future and to those you disagree with. The fact that we disagree does not mean that all of us are wrong or ill-intentioned. Rachel Duke,Executive Director of Community Partners for Affordable Housing(CPAH),P. O. Box 23206,Tigard, OR 97281, said CPAH has been serving Tigard for 23 years. She said CPAH welcomes this opportunity to comment on what they think is an immense value. CPAH provides stable, affordable and sustainable housing so low-income seniors, families and people with disabilities have the opportunity to become part of a vibrant and healthy community like Tigard. She referenced The Knoll, one of their eight housing communities located nearby. She said people with modest means can spend a large portion of their income on transportation. Providing options for transportation can have a significant impact on improving the quality of people's lives. She said CPAH also supports the many benefits of light rail listed in much of the testimony offered this evening but she did want to add one not mentioned. She said it would create opportunities for connectivity which creates increased opportunity for building community with each other. Opponents— Eric Winters, 30710 SW Magnolia Avenue, Wilsonville, OR 97070 said he is the attorney who drafted the infamous ballot measure that people are complaining about that will allow people to vote. He said he is not here to discuss whether light rail is a good or a bad idea. People in the audience are probably making their minds up and the purpose of the measure was to give them an opportunity to vote on it. What they wanted to do was give people a fair shake, on an up or down vote so people knew the consequences of bringing a massive project into the city. Unfortunately the proposed ballot title is not keeping faith with what the voters proposed and what he drafted. He believes it is a violation of the requirements of the Charter and will not meet the requirements of an authorization measure. It misleads voters in several key areas. He submitted written testimony that council has and there is not enough time to go through it all in two minutes but wanted to correct Mr.Asher's comment that the appeals process for a ballot title is a collaborative effort. It is not. If TIGARD CCDA/CITY COUNCIL MINUTES -JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 11 of 18 we file a challenge to this it will go before a judge and the judge will decide whether or not this is misleading or meets with the standards of state law. If it determined to be misleading that will be a reflection of those who voted to endorse it because you have been warned. His concerns are that the language does not reflect the charter language. A public policy set forth by Tigard voters requires public opposition to a new high capacity transit corridor. What is being proposed is something different from that;it is an approval,an exception, an authorization. It is changing the direction and that is not at all clear with the proposed language. He summarized that the amount of roadways should be a quantifiable amount. The city attorney has already indicated that the city knows that but hid the ball; a methodology was created that is designed to hijack this and present something that is not understandable to voters. I challenge any of you to explain this methodology after reading the summary. He encouraged council and staff not to include things in the measure that implicate federal funding without also mentioning that the cities and all the local partners will have a responsibility for carrying funding of this too. Half of this project will be borne by local partners and Tigard is a local partner. This measure suggests that the feds are going to pay for everything and we all know this is not true. Steve Schopp, 10475 SW Helenius, Tualatin, OR 97062, He said he was confident the measure will fail, and by a much bigger margin than the measure that made the city have a vote. But tonight's discussion is about the language, the language the city could not be bothered to print and provide so if people came here and wanted a copy they would have it. There is not a copy of the language at the front or anywhere in the room and he thought that was out of line. We are also taking about $250 million a mile for a project that has less merit than any previous project there is. The measure before us is the language for the voters. Previous speakers said the language in the measure clarifies it. But the method used for lane loss is so preposterous, so dubious and intentionally so, and you all know it. There is only one reason to use that fog of this percentage of the entire five-mile radius. It is so people cannot figure out that Metro/TriMet has declared that 2.4 lane miles will be lost on Barbur Boulevard which is also Pacific Highway. We know that additional capacity will be lost in the future because the massive infrastructure of light rail will obstruct any corrective projects for intersections, turn lanes and ramps for expansion for bottlenecks. He said he was glad 99W and bottlenecks was mentioned because the very money, the $1.5 billion of local, state and regional money that will be spent for this boondoggle is the very money that could be used to relieve these bottlenecks, like the overpass with two lanes going each direction. The net effect of what is being proposed in this meritless project will be to make a bottleneck that is essentially seven or eight miles long because there will be no way to expand because light rail will be crammed next to the freeway and 2.4 miles of Barbur. If you are honest you would correct the language so people would have a clear idea of exactly what the detriment will be. But that is not your objective here so we will see you in November and I look forward to the battle and a good victory as well. Joe Jumalon, 14425 SW 93`d Avenue, Tigard, OR, 97223 said he has lived in Tigard for 11 years. Tigard is a suburban community and he lives here because it is not Portland. He said he knocked on hundreds of doors so my neighbors could have a vote for or against light rail because that has always been your intention. Let's be honest, light rail will take up valuable road space and do nothing to reduce traffic congestion. You have to get in your car, drive and park to get to on a light rail train. You are in a suburban community and its going to do nothing for us. It is all about the federal money, in my view. This is the only thing it could be. Barbur Boulevard is part of 99W and this will create a nightmare for cars to share that road with light rail. I am not a special interest; I am not a TIGARD CCDA/CITY COUNCIL MINUTES -JUNE 28, 2016 City of Tigard I13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 12 of 18 carpetbagger. I'm not a wolf in sheep's clothing as our opposition which you supported advocated me as being. He said he lives down the street from John Goodhouse and helped get him elected. I helped to get John Cook elected and was hoping to get a voice in this, someone who would put something objective to the voters out there, not something biased like some of the Cityscape newsletters. There is no greater representation than your own voice and I am kind of bothered that I had to knock on doors to get a public vote on light rail. Council should have done that for us. I am bothered by this because I had to do it twice because we knocked on the wrong doors in the wrong town. Despite that, I want to be treated fairly this time. If you are going to put something on the ballot I want it to be objective. I do not want to read, "This will make Tigard so wonderful and great." I expect people who profit from light rail to treat us better than what they did when they tried to oppose my neighbors' and my votes when we tried to get this on the ballot. He held up a printed piece from a previous political campaign and said it was disingenuous. He said he was upset after reading what the city wants to put forward. I do not think it is fair. I want you to be fair to the people you represent. Neutral— Art Crino, 14580 SW 126th Avenue,Tigard, OR 97224, said he has lived in Tigard for 50 years and one month. He said he feels indebted to all who serve on the Tigard City Council and to those who serve in the legislature. He knows what the jobs require and the compensation involved. He said one-on-one with any councilor he had no complaints. He said however, there is a fly in the ointment. The Secretary of State of state mangles the titles to the petitions that are presented there and it leaves a bad taste to the people that collect the petitions and sign the petitions. It is sad that it puts a cloud on the whole building in Salem. He asked for one thing from council. He holds Eric Winters in high regard as an attorney and he asked council to work with him to get a level playing field on this title of this petition so that when ballot are counted and we look back we will believe that everyone got a fair shake and we can continue on in this fine city. Robert Van Vlack, 15585 SW 109th Avenue,Tigard, OR 97224, addressed public funding. He said there needs to be clarification on the term,"does not impose or increase any fees or taxes." He heard one person testify that it will not cost the city of Tigard anything to put in the light rail. That is not true at all. As stated before, the City of Tigard has interest in this and residents will pay some taxes on this. He said he has not been able to get a dollar amount from anyone on what this will cost the citizens of Tigard once it is funded and running. The City of Milwaukie also had this problem and their city council had to fund part of the payback to Metro in excess of$300,000 a year out of the general fund until they were able to get a bond measure for$4 million. He said there should be something in this language that says the residents of Tigard will have to pay an estimated amount of so many million dollars at that point. Response to testimony by staff- Councilor Goodhouse asked for the ballot title language be copied and made available at the front of the room. Council President Snider clarified with City Manager Wine that this language was posted in the online packet last week. TIGARD CCDA/CITY COUNCIL MINUTES-JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 13 of 18 Councilor Woodard asked City Attorney Ramis about the process for the three pieces of legislation to be considered separately. City Attorney Ramis clarified that council can discuss them at one time because they took testimony at one time but they require separate deliberation and vote. Council President Snider asked City Attorney Ramis if he thought the comment about it being disingenuous to say it does not impose or increase local fees and taxes had merit. He said it is factually obvious that there will be a local match for any project but it is unclear where or how that local match will be raised. City Attorney Ramis said the proposed title is correct. The argument that we should put into the measure a statement about Tigard imposing fees or charges for light rail of$20 million would not be accurate given Charter Section 52 which prohibits the city from imposing fees or charges for the purpose of developing light rail unless the voters approve. Councilor Woodard asked City Attorney Ramis for clarification that the ballot measure was not for funding. City Attorney Ramis said that was correct. Councilor Goodhouse mentioned that copies of the Charter amendment (City of Tigard Charter Section 53) were at the front of the room so people could compare its requirements with the ballot title. Council President Snider asked for staff and city attorney reaction to feedback that it is an omission not to indicate that federal grants would support only half of the project. Community Development Director Asher said a previous version had a sentence reading, "Federal grants are planned to pay half of this cost."We are playing with word count limits. He said he did not have trouble saying that federal grants will pay for half of this project because that is a safe assumption. He said he was uncomfortable giving any indication of what any other entity's contribution might be absent a finance plan. He said it there is a lot of work to do on financing and speculating that the city would have a particular requirement for anything is premature. City Attorney Ramis said we have a requirement that what we say is accurate. We really do not know what it will be. What we did put in is accurate and that is without federal funding there will be no project. Council President Snider asked if the 2.4 lane miles loss figure was accurate,if that is a measure used by project planning staff and is it accurate for traffic engineering. Community Development Director Asher said stating lane miles as a loss of capacity is erroneous. There is still no alignment decision. City Attorney Ramis said they looked at the problem of capacity and wondered if they could get there by measuring linear miles but realized it would not address what the charter language asks. Council President Snider asked if the charter had said lane miles then would that have been what was used and Mr. Ramis said yes. He added that some people may be interested in lane mile measurement and the city can make it available to them but not in the ballot title. Mr. Asher referred to the map from the DKS report which is an appendix to the ordinance and to figure 1 which is the vehicle lane impact map. There are many options, from maintaining existing through lanes to options that convert turn lanes to light rail lanes. Council President Snider asked if he had heard the 2.4 lane mile loss figure. Engineer Coffee said there was a lot of discussion and the entire alignment range varies from a loss of 1.1 to 2.6 lane miles but this does not mean there is a related capacity impact. He said there are some lane miles converted to light rail that are mainly in the far north reaches of the corridor in SW Portland. TIGARD CCDA/CITY COUNCIL MINUTES -JUNE 28, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 14 of 18 Councilor Woodard asked Engineer Coffee how he arrived at the critical intersections on existing roadways in the year 2025. Engineer Coffee said they analyzed traffic operating conditions in the am peak hour and pm peak hour for the year 2025. They analyzed the intersections to see which operate now at lower service levels and these are identified in their report. Then they analyzed which intersections may be impacted by light rail. Pedestrians requesting a walk signal and crossing Barbur also impact the traffic flow. Whether light rail is built or not there will be more pedestrians living there and crossing the street so traffic will be impacted. Some capacity is impacted by light rail but some will be impacted anyway by population growth. Councilor Goodhouse asked for the word count and City Attorney Ramis said the limit is 175 for the Summary and it was at 171. Council President Snider asked if there was room to spell out 0.03 percent. Councilor Goodhouse said he wanted to squeeze in wording that there will be a local match. He said it may be confusing for people without that clarification. e. Staff Recommendation. Community Development Director Asher said staff recommends adoption of two ordinances and one resolution referring a measure to the voters in November 2016. f. Mayor Cook closed the public hearing. g. Council Discussion and Consideration: Ordinance No. 16-11 Councilor Goodhouse asked that words be added to indicate that the funding will be from federal grants and local funding.Mayor Cook said using the word"local" may be confusing because people may think it is only Tigard that would participate locally. He suggested using the word"regional."City Attorney Ramis said choosing a percentage runs the risk of being inaccurate. He referred to Mr.Winters'recommendation and said it could read, "The estimated $2.4-2.8 billion project would only be built if federal grants and local funding sources are secured." Regional could be used instead of local. Councilor Goodhouse recommended keeping it clear and concise so voters know this is an up or down vote. Council President Snider suggested adding the word "specifically" so it reads, "The ordinance specifically does not impose any new fees or taxes." This may address concerns opponents raised. He commented that Oregon law is very limiting on word count and makes it difficult to say all we want to say. Councilor Woodard say he sees three potential routes into Tigard and is concerned about circulation and parking in downtown Tigard. He said he wants to fight for a commitment to an Ash Street crossing with a loop. He wants something in the explanatory statement about which loop we are looking at. He said he does not oppose rail and agrees with the ordinances but wants to get a commitment for this crossing. He said he does not want to contribute to something he did not intend to do. Community Development Director Asher said the Ash Avenue crossing is not specifically provided for in the SW Corridor project. TIGARD CCDA/CITY COUNCIL MINUTES -JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 15 of 18 Mayor Cook said this is not what tonight's vote is about. No matter which alignment is selected an Ash Street crossing is not guaranteed. However, no alignment excludes it either. There are other things besides light rail (bike paths, sidewalks) in the project and these are in tiered"buckets." At this point Ash Street crossing is in bucket No. 1 but there is no guarantee that it will happen. TriMet cannot guarantee that. Mayor Cook is trying to keep it as a priority and hopefully TriMet can leverage their relationship with the railroad at some point in the future. In response to a question from Councilor Woodard on timing,he said the project will go through the Environmental Impact Study (EIS) for a year or two. They will come back with what is acceptable or not for each of the three options. Then the Steering Committee will come up with the local preferred alternative and then at that time we decide which we recommend. However, the federal government can still override that recommendation. Around 2018 there will be a regional vote on funding. He reminded council that the vote tonight is on whether or not to put something on the ballot that will allow light rail to come to Tigard. Council President Snider moved to adopt Ordinance No. 16-11. Councilor Woodard seconded the motion. City Recorder Krager read the number of title of the ordinance. ORDINANCE NO. 16-11—AN ORDINANCE TO PROVIDE A PROCEDURE FOR IMPLEMENTATION OF TIGARD CITY CHARTER SECTION 53.0 RELATING TO CONSTRUCTION OF A NEW HIGH- CAPACITY TRANSIT CORRIDOR PROJECT City Recorder Krager conducted a roll call vote. Yes No Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Mayor Cook announced that Ordinance No. 16-11 was adopted unanimously. Council President Snider moved to adopt Ordinance No. 16-12. Councilor Henderson seconded the motion. City Recorder Krager read the number of title of the ordinance. ORDINANCE NO. 16-12 —AN AUTHORIZATION ORDINANCE TO ALLOW SUPPORT FOR SITING OF A NEW HIGH-CAPACITY TRANSIT CORRIDOR FOR LIGHT RAIL TRANSIT SERVICE WHICH INCLUDES DOWNTOWN TIGARD, RELATED AMENDMENTS TO THE COMPREHENSIVE PLAN AND LAND USE REGULATIONS, PROVIDING REQUIRED INFORMATION AND OTHER ACTIONS TIGARD CCDA/CITY COUNCIL MINUTES -JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 16 of 18 • City Recorder Krager conducted a roll call vote. Yes No Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Ordinance No. 16-12 passed unanimously. Council Consideration of Resolution No. 16-27 Council discussed wording changes to address concerns raised by Mr. Winters and other testifiers. Councilor Woodard reiterated that he has never been against light rail and realizes the need. He said he expects every councilor to fight for better circulation in the downtown area. He commented that the city can build all the housing we want but we still need better circulation and parking. Councilor Goodhouse reminded the audience that there are always public testimony opportunities at meetings such as the SW Corridor Steering Committee and others and he urged people to attend and give their opinion. Councilor Snider moved for adoption of Resolution No. 16-27 with amendments. Councilor Goodhouse seconded the motion. City Attorney Ramis read the amended paragraph, "The estimated $2.4-2.8 billion project would only be built if federal grants and regional funding are secured. This ordinance does not impose or increase any fees or taxes." City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 16-27 -A RESOLUTION OF THE TIGARD CITY COUNCIL SUBMITTING TO THE VOTERS A PROPOSED AUTHORIZING ORDINANCE TO BE CONSIDERED AT THE NOVEMBER 8, 2016 ELECTIONS,WHICH WOULD AUTHORIZE SITING AND CONSTRUCTION OF A HIGH-CAPACITY CORRIDOR PROJECT IN THE CITY OF TIGARD, as amended Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ TIGARD CCDA/CITY COUNCIL MINUTES -JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 17 of 18 6. NON AGENDA ITEMS None 7. EXECUTIVE SESSION None 8. ADJOURNMENT At 9:48 p.m. Councilor Goodhouse motioned for adjournment. Councilor Henderson seconded the motion and the motion passed unanimously. Yes No Councilor Goodhouse ✓ Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Carol A. Krager, City Recorder Attest: John L. Cook, Mayor TIGARD CCDA/CITY COUNCIL MINUTES -JUNE 28, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I www.tigard-or.gov Page 18 of 18 AIS-2798 3. C. Business Meeting Meeting Date: 09/13/2016 Length (in minutes):Consent Item Agenda Title: Proclaim Constitution Week Prepared For: Joanne Bengtson,City Management Submitted By: Joanne Bengtson,City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Cook issue a proclamation in honor of the 229th anniversary of the signing of the American Constitution? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY The celebration of the Constitution signing was started by the Daughters of the American Revolution. In 1955,DAR petitioned Congress to set aside September 17-23 annually to be dedicated for the observance of Constitution Week.The resolution was later adopted by the U.S. Congress and signed into public law on August 2, 1956,by President Dwight D. Eisenhower. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Mayor Cook issued a proclamation in honor of the Constitution signing in 2015. Attachments Proclaim Constitution Week -Jli - - I- 21/1(9 '/ 7'/(I I f l/()./..1,. f,'2'1 (,, f ' (,,,„,,j'Tigard t' I Ii , Constitution Week ) lb 11 WHEREAS, on September 17, 1787, the Constitution of the United States of l . 1 America was signed by 55 delegates to the Constitutional Convention in 'ii Philadelphia's Independence Hall; and * - € WHEREAS, September 17, 2016, marks the 229th anniversary of the drafting 't j of the Constitution; and WHEREAS, it is fitting and proper to accord official recognition to this , 3 �` magnificent document and its memorable anniversary; and to the patriotic i T •, 0. '''t,-, celebration which will commemorate the occasion; and s OP, WHEREAS, Public Law 915 guarantees the issuing of a proclamation each '' ) sg : ' year by the President of the United State of America designating September . 17 through 23 as Constitution Week. NOW THEREFORE BE IT RESOLVED THAT I,John L. Cook, Mayor of the City of Tigard, Oregon, do hereby proclaim the week of September 17-23, 2016 asfiwiT'` CONSTITUTION WEEK 3.t=,}- in Tigard, Oregon and encourage all citizens to reaffirm the ideals of they m f3 Constitution byprotectingthe freedomsguaranteed to us through this 9z �t, guardian of our liberties. ; ( IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ,4) -. 0 of the City of Tigard to be affixed. f '1'713 C' -E • i John L. Cook, Mayor 'I City of Tigard ll _ 're; Attest: ,`r f10 y : 41 - City Recorder AIS-2824 3.D. Business Meeting Meeting Date: 09/13/2016 Length (in minutes):Consent Item Agenda Title: Proclaim National Preparedness Month Prepared For: Joanne Bengtson,City Management Submitted By: Joanne Bengtson,City Management Item Type: Receive and File Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Should Mayor Cook proclaim September as National Preparedness Month in Tigard? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY September is recognized as National Preparedness Month which serves as a reminder that we all must take action to prepare,now and throughout the year, for the types of emergencies that could affect us where we live,work,and also where we visit. National Preparedness Month starts on September 1 with the theme, "Don't Wait. Communicate. Make Your Emergency Plan Today." and places emphasis on preparedness for youth,older adults,and people with disabilities and others with access and functional needs. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/.\ DATES OF PREVIOUS COUNCIL CONSIDERATION N/.\ Attachments National Preparedness Month proclamation '.. = - ' - ','-''.-• 4-,'1.,-,-cy. 4y .1 Y s r ( ,w r, R'" r I i ,".;‘,..,. --'t If/ (//( )(;-//' '/cC 11 (/ir-r;fir 214 - C.0 of Tigard y NATIONAL PREPAREDNESS MONTH September 2016 '. f. • ,'t,` WHEREAS,"National Preparedness Month' creates an important opportunity for every • ) aN. resident and employee of the City of Tigard to prepare their home, business and the community for any type of emergency, including natural disasters or catastrophe; and 1. *, WHEREAS, the city's Emergency Management Program has partnered with the ;: • ' ' regional Federal Emergency Management Agency(FEMA)office to promote + ,4 preparedness citywide as part of America's PrepareAthon; and ,.....4/ ') .-"�. .� 4- -' WHEREAS, investing in emergency preparedness for ourselves,our families, • -� ,`_ businesses, and the community can reduce fatalities and economic devastation in our r- community and in our nation;and c % -,. iv.,.� WHEREAS.. FEMA's Ready Campaign and other federal,state, local, private, and .t'��_ , volunteer agencies are working to increase public activity in preparing for emergencies G ., k and educate individuals on how to take action;and . , WHEREAS,emergency preparedness is the responsibility of every resident and all are . urged to make preparedness a priority and work together as a team to ensure that • }'` 'l individuals,families,and the community are prepared for disasters and emergencies of ,. r' '� any type; and "h`'' ISI '' w WHEREAS, all residents should be aware of special needs for emergency ;' preparedness for our more vulnerable populations, and for the well-being of household :16-..----.)i pets, and should take steps to address those needs in their planning;and t WHEREAS,all residents are encouraged to participate in preparedness activities and 4.--x' ' review the Ready campaign's website at Readv.aov or Listo.aov(Espanol)and become 'I " more prepared. 'a - ..,,1, r A NOW THEREFORE BE IT RESOLVED THAT I,John L.Cook, Mayor of the City of ill ,,),*,',,; Tigard, Oregon,do hereby proclaim the month of September 2016 as 1. i ." I NATIONAL PREPAREDNESS MONTH '',."%) `;l:' ; in Tigard,Oregon and encourage residents and businesses to developtheir own l: 9 9 9 1I emergency preparedness plan and work together to build a more prepared and resilient 1i1) 1:. community. - v 4• Dated this day of , 2016 -44 IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City "' ;'t, of Tigard to be affixed. 2- r. John L. Cook, Mayor I City of Tigard , Attest: .,9 Carol Krager,� City r Recorder„ . s,' A i ' .A 'A , A T:,,,, - •. , . • . . _ .. s .. i n. i I 4 AIS-2817 3. E. Business Meeting Meeting Date: 09/13/2016 Length (in minutes):Consent Item Agenda Title: 40th Anniversary of Washington County Cooperative Library Services Prepared For: Margaret Barnes,Library Submitted By: Alison Grimes, Library Item Type: Receive and File Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Proclamation for the 40th anniversary of Washington County Cooperative Library Services and celebration of this milestone from September 2016 through December 2016. STAFF RECOMMENDATION / ACTION REQUEST Request City Council approve a proclamation announcing the 40th anniversary of the Washington County Cooperative Library Services and proclaiming September 2016 through December 2016 as the time to celebrate this milestone with special programs and events. KEY FACTS AND INFORMATION SUMMARY This year marks the 40th anniversary of Washington County Cooperative Library Services. Member libraries wish to celebrate this milestone from September to December 2016 with special programs and events. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Proclamation '''V V V V V. y 4 . y Itii - 10/C41101:040, i 40110. ..*„...) City o/Tigard V r, 40T"ANNIVERSARY OF WASHINGTON CO. COOPERATIVE LIBRARY SERVICES { September- December 2016 .h' WHEREAS, public library service in Washington County is provided through a unique , , , "� partnership between the County,nine cities and three non-profit organizations known 1".,'' '= 'as Washington County Cooperative Library Services,or WCCLS;and - WHEREAS, WCCLS was established in 1976 with the passage of the first countywide 1 --Z.--f levy to support free public library service for all county residents,creating collaborations <_. il . among existing libraries and expanding service to more residents;and .,-' r.A WHEREAS,voters continue to support this cooperative effort, most recently with . approval of increased levy funding in November 2015; and Vii•, WHEREAS,over 265,000 residents possess WCCLS library cards,granting public ' ')' access to more than 1.7 million items in the collection and members visit libraries in the , c' r ~ cooperative nearly 3.8 million times per year; and j i"'' 11.1 WHEREAS, 2016 marks the 40th anniversary of the WCCLS, and member libraries wish '- to celebrate this milestone with a variety of fun and festive events scheduled from ,_::::::',..,-3- • r. September to December 2016; and WHEREAS,the Tigard Public Library has been an active member of the WCCLS for I``'' ' 40 years with 33,311 current Tigard Library cardholders who check out more thanI. '• w 4: 1.2 million items each year; and Y 1! WHEREAS,the Tigard City Council recognizes the importance of superior public library3. • f L services in order to educate, enlighten and entertain residents and encourages l c ,. everyone to visit their library and celebrate the freedom to read. . • NOW THEREFORE BE IT RESOLVED THAT I, John L. Cook, Mayor of the City of Tigard. Oregon,do hereby proclaim September—December 2016 as the 40th Anniversary of Washington Co. Cooperative Library Services in Tigard,Oregon and encouraged all residents to enjoy this successful yI intergovernmental partnership that provides free public access to library services in the r, past, present and future. "4 Dated this day of ,2016 r it. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City -PI={'ji of Tigard to be affixed. M John L. Cook, Mayor City of Tigard r Attest: Carol Krager, City Recorder . , ' ,A. ,A. •A rA A y• c y jj AIS-2822 3. F. Business Meeting Meeting Date: 09/13/2016 Length (in minutes): Consent Item Agenda Title: Consider Resolution Waiving Temporary Sign Permit Fees for Tigard Basketball Association Prepared For: Liz Lutz Submitted By: Liz Lutz, Finance and Information Services Item Type: Resolution Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: _. _ Information ISSUE Does the Tigard City Council find the benefit to the community of waiving the temporary sign permit fees forTigard Basketball Association to hang two banners outweigh the$126 financial hardship to the city? STAFF RECOMMENDATION /ACTION REQUEST Consider Resolution waiving$126 of permit fees for Tigard Basketball Association. KEY FACTS AND INFORMATION SUMMARY On August 24,2016, Cliff Rone from Tigard Basketball Association emailed the city to request a waiver of permit fees charged to hang two banners (text of email attached). According to the Master Fees and Charges Schedule,Temporary Sign Permits are $63 per sign. They are requesting the city waive fees for two signs, totaling a fee waiver of$126.The Tigard Municipal Code Section 3.31070 authorizes council to waive fees for non-profits. The text of the TMC is as follows: 3.32.070 Exemptions. The City Council is authorized to waive or exempt the fee or charge imposed upon an application or for the use of city facilities and services,if a nonprofit organization requests such a waiver in writing and the council determines that community benefit for the proposed activity outweighs the financial burden on the city. The waiver or exemption shall not excuse the nonprofit organization from compliance with other requirements of this code. Tigard Basketball Association is a qualifying non-profit. They have made their request to waive fees in writing. If council determines that the benefit to the community outweighs the loss of$126 in permit fees,then council is authorized to waive the fees. OTHER ALTERNATIVES City Council could deny the request. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Tigard citizens are involved in the community and participate effectively. Programs and activities are available in the community to meet the needs of a diverse population. DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $126 Budgeted (yes or no): No Where Budgeted (department/program): NA Additional Fiscal Notes: Approval of this resolution will reduce the City of Tigard General Fund revenues by$126. Attachments Resolution-REV Request Letter CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION WAIVING $126 IN TEMPORARY SIGN PERMIT FEES FOR TIGARD BASKETBALL ASSOCIATION. WHEREAS,Tigard Municipal Code 3.32.070 authorized City Council to waive fees for nonprofits when the request is made in writing and council determines that the community benefit outweighs the financial burden to the city;and WHEREAS,Tigard Basketball Association has requested in writing the waiver of fees for two temporary sign permits; and WHEREAS,the Master Fees and Charges Schedule states that the fee for temporary sign permits is $63 per sign for 30 days and WHEREAS, council determines that the community benefit outweighs the $126 financial burden to the city. NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Tigard Basketball Association receives a waiver of$126 in temporary sign permit fees . SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2016. Mayor—City of Tigard ATTEST City Recorder—City of Tigard RESOLUTION NO. 16- Lizbeth Lutz From: Cliff Rone <president@tigardbasketball.org> Sent: Wednesday,August 24, 2016 10:47 AM To: Lizbeth Lutz Subject: Re: Sign/Banner Permit Fees- Tigard Basketball Association Liz, I think we are ready to request the waiver. At last check with the school district we can only put up two banners, so that is the request for now. Please let me know if you need additional information. Thank you, Clifford Rone TBA President 503-936-5846 On Thu, Mar 10,2016 at 3:53 PM, Lizbeth Lutz<Lizbeth@tigard-or.gov> wrote: Thanks for this information.This email will suffice as a request for a waiver, however we need to know how many signs do you plan to put up in Tigard and would like the fee waived,so we have a dollar amount for the fee waiver. I will put it on the council agenda and will let you know when it goes to council.You are not required to attend the meeting. I will inform you afterward how the council voted.Thanks,Cliff-see you soon at the budget meetings. Liz Lutz Confidential Executive Assistant 711;:1(6 I HNANCE a IN;ORMATION SPRVILrs 13125 SW Hall Boulevard Tigard,Oregon 97223 503.718.2487 From: Cliff Rone [mallto:president@tigardbasketball.orq] Sent: Thursday, March 10, 2016 2:36 PM To: Toby LaFrance Cc: Lizbeth Lutz; Cliff Rone Subject: Sign/Banner Permit Fees -Tigard Basketball Association Toby, 1 I was told you would be the one to whom I should send a request to have the sign and banner permit fees waived for a non-profit organization. Please forward this request to the appropriate person if you do not handle this type of request. Tigard Basketball Association is a 501(c)(3) organization that has served families in Tigard since the early '80's. We provide a recreational basketball program for boys and girls in grades 3 through 12. The organization is run by an all-volunteer board and has served over 640 boys and girls for each of the past few years. As part of our service to the community we have provided more than 40 scholarships each year for some time to kids who qualify for free and reduced lunches at school. More information about the organization can be found on our website at tigardbasketball.org. One of our few methods of reaching the community near registration time in early September is to hang banners on the School District fences. Under Tigard's sign code we have been required to pay a monthly fee to the City to do that,though the School District does not charge us. We have been told that other non-profit groups in Tigard have been able to have the sign fees waived upon request and we hereby request such a waiver for TBA going forward. Please let me know if you need additional information, of if there is a specific process we need to go through to obtain a waiver. Thank you, Clifford Rone TBA President 503-936-5846 2 AIS-2763 4. Business Meeting Meeting Date: 09/13/2016 Length (in minutes): 15 Minutes Agenda Title: RECEIVE STA l'F. OF THE DISTRICT PRESENTATION FROM TVF&R Submitted By: Carol Krager,Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Council will receive a State of the District presentation from Tualatin Valley Fire &Rescue Chief Duyck. STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY In the spirit of communication and coordination,Tualatin Valley Fire&Rescue (TVF&R) presents their State of the District to cities in their district annually. Chief Duyck will be present to update council and respond to questions. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N DATES OF PREVIOUS COUNCIL CONSIDERATION February 17,2015 Attachments No fle(s)attached ' a I TVF & R 2016 „ E�s - Providing strategic .10 ,: ,,,,:::::„N,; .� P��N emergency response �� A ,:-,,,t,?,,,9' Y pi � A � f to Tigard. al , � � ��.,i TVF*R T...: (511? cj? Tualatin Valley 0111111111w Fire & Rescue SUPPLEMENTAL PACKET FOR 1// /-9--°1-‘ Chief Mike Duyck (DATE OF MEETING) Tonight 's Topics Emergency Response & Communications Mobile Integrated Health & EMS Firefighter Recruitment Regional Partnerships Tigard Incidents in 2015 : 29% 64% 4% 3% • Medical Calls: 3257 Fires: 154 HazMat: 171 Public Assist: 1488 Year-to-Date through 4Q Incident Snapshot 11/1/15 - 12/31/15 City of Tigard --n , +"ti i ey Fire&Rescue Total Incidents 5,070 Incident Summary Dispatched % Situation % # L .1 Increasing Ueasin As Found 4.802 5.067 5.070 Thi , 1 -Fire,Explosion 451 9% 154 3% 4-251 4.146 < • 2-Overpressure 0 0% 2 0% Beaverton 3-E\IS/Rescue Call 4,235 84% 3,251 64% - 4-Hazardous Condition 115 2% 171 3% x 5 -Service Call 176 3% 333 7% • >o,.i 6-Good Intent 22 0% 881 17% •- . 7-False Call 0 0% 275 5% 8-Natural Condition 0 0% 2 0% 111)..,i,- 1 "` 9-Other Situation 71 1% 1 0% 2011 2012 2013 2014 2015 Incident Sub-Categories Tigard Tigard experienced a 22% Structure Fires 28 Cooking Fires 3 increase in incident volume r , ,� _ Non-Structure Fires 126 Vehicle Fires 19 from 2011 to 2015. ... ,, Residential Fires 24 Vegetation Fires 82 Commercial Fires 14 False Alarms 275 Critical Patients* 814 MVC with injury 281 ' 5111 .5. 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'1 �I ��"- 1 17 Plains �, • ts�mk L. /� Administration 64 ..Administration .. / \ &Training • 0 • Fire Stations Hillsboro ♦ za 60 1 I TVF&R i C Newberg & Central „r Washington Co.District 2 - 4 served by 7VF&R as of e Portland Washi July 2016. n ton Co un t g y Beaverton Ti City of Newberg and , Newberg RFPD served 53 . .-\.:14-,'-"7. ....' by TVF&R as of July 2016. 0 Tigard I I� 1 #('i,♦) King _c u"et,,- - - City Durh. _ _ ® �. ' '" y r.0 � Wes' _ +fit: INESSIIII ldivergrove Linn - �; .+ Tualatin 58-. —111V—!* q -- Sherwood ® 59 iAt. �� Training 56 / _ - C. - IIP : ' 4 _ ® was. vine I Newberg R Dundee partnerships in 2016 improve regional response V '0111111111, -.", * . .. , 41111111110 11P1 1 a (s. . Cl) . C r.. 1, : I 0 li 1 0 1. - - vir 141M1 ., .1.," •-• - - , , . Cin CD 410* . , S . - ., * 1 . *. t 400 .11 IA Al * : - lit AGENDA ITEM No. 5 Date: September 13, 2016 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — CONSIDER AMENDING TIGARD MUNICIPAL CODE CHAPTER 12 — BILLING AND COLLECTION OF UTILITY CHARGES (SECTION 12.03.040) AND SERVICE CONNECTION MAINTENANCE (SECTION 12.10.160) This is a Cite of Tigard public meeting,subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony ' I AGENDA ITEM No. 5 Date: September 13, 2016 PLEASE PRINT This is a City of Tigard public meeting,subject to the State of Oregon's public meeting and records laws. .:ll written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. 1" d cA Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-2754 5. Business Meeting Meeting Date: 09/13/2016 Length (in minutes): 15 Minutes Agenda Title: Legislative Public Hearing: Consider Changes to TMC Chapter 12 Prepared For: Cara Fitzpatrick, Finance and Information Services Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing - Legislative Meeting- Main Public Hearing: Yes Publication Date: Information ISSUE Adoption of the Ordinances on proposed changes to TMC Chapter 12, Utility Services Rules and Regulations. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends council adopt the Ordinances on proposed changes to section 12.03.040, Billing and Collection of Utility Charges,proposed changes to section 12.10.160 Water System Rules And Regulations. KEY FACTS AND INFORMATION SUMMARY Based on council direction from the 8/16/2016 Business Meeting staff revised the language in the recommended Ordinance to reflect adjustments on a customer account due to error will not exceed two years. This Ordinance also sets a limit of two payment arrangements per customer per year. The Ordinance for section 12.10.160, Service Connection Maintenance, establishes a rule for enforcement to allow field staff access to water meters. Staff will ask council to consider a referendum to the Master Fees and Charges Schedule which will set an amount for a fine when field staff must clear access to water meters if the property owner fails to follow requests to clear access. OTHER ALTERNATIVES Council may choose not to adopt the Ordinances presented. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard Strategic Goals - Fund the vision while maintaining core services Tigard Strategic Goals - Engage the community through dynamic communication Tigard Strategic Goals - Ensure development advances the vision Tigard Municipal Code Chapter 12 DATES OF PREVIOUS COUNCIL CONSIDERATION August 16, 2016 Attachments Ordinance#1 Ordinance#2 TMC 12.03.040 TMC 12.10.160 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16- AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE CHAPTER 12 BILLING AND COLLECTION OF UTILITY CHARGES SECTION 12.03.040 WHEREAS, the Tigard Municipal Code contains references to errors in billing but lacks a definition of a time period established for credits and refunds to accounts;and WHEREAS, to reduce risk over customer account discrepancies by limiting the period of error not to exceed two years from the date of discovery;and WHEREAS,the City of Tigard provides payment arrangements as an option for customers pay their utility bills without becoming past due;and WHEREAS, the Tigard Municipal Code does not establish a limit on the number of payment arrangements a customer can enter into with the city;and WHEREAS,in order to insure fairness and equitable customer service among the utility customer's by limiting the number of payment arrangements allowed in a year;and NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 12.03.040 of the Tigard Municipal Code is hereby amended as shown in Exhibit A; text to be added is shown in underline. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of ,2016. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2016. John L.Cook,Mayor ORDINANCE No. 16- Page 1 Approved as to form: City Attorney Date ORDINANCE No. 16- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16- AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE CHAPTER 12 SECTION 12.10.160,SERVICE CONNECTION MAINTENANCE WHEREAS,the City of Tigard reads an average of 1500 water meters a day;and WHEREAS, in order to keep costs low, customer service optimal and lessen the need for water meter maintenance the city needs clear and unobstructed access to the water meters for reading and service;and WHEREAS, the Tigard Municipal Code does not outline enforcement of access to water meters within the standards outlined in paragraph B;and WHEREAS,establishing a rule for enforcement of the Service Connection Maintenance section of the Tigard Municipal Code will ensure consistent and accurate reading and easy access in the event of a meter leak. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 12, section 12.10.160 of the Tigard Municipal Code is amended as shown in Exhibit A;text to be added is shown in underline. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of ,2016. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2016. John L.Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 16- Page 1 Exhibit A TIGARD MUNICIPAL CODE A Chapter 12.03 BILLING AND amended are hereby adopted by reference and COLLECTION OF shall be in full force and effect as part of this UTILITY CHARGES* municipal code. Sections: B. Collections from utility customers 12.03.010 Authority will be applied first to interest, penalties or 12.03.020 Definitions other fees and charges, then proportionately 12.03.030 Rates,Charges,Fees,Penalties, among the rest of charges for services billed or Collections as provided by contract with Clean Water 12.03.040 Utility Charge Adjustments and Services. Payment Agreements C. All fees and charges set forth in this 12.03.050 Customer Appeal Process chapter shall be set by resolution by the Tigard *Prior ordinance history:Ord.Nos.96-02,02-29. City Council. (Ord. 12-06 §1) 12.03.010 Authority 12.03.040 Utility Charge Adjustments and Payment Agreements All definitions, authority, rules, and regulations as described in Chapter 12.01, When the finance director or designee Utility Services Rules and Regulations, are determines that a billing error has occurred,the applicable to this chapter. (Ord. 12-06 §1) director or designee may authorize an adjustment of the customer's utility account 12.03.020 Definitions for the period of the error, not to exceed two years from the date the error is identified. A. Utility Charges.Any combination of Adjustments will be in the form of credits or water service charges, sanitary sewer service additional charges to active utility accounts. charges, surface water charges or other fees Errors in billing or collection shall be corrected and charges authorized by the Tigard City in a timely manner by the city. Resulting Council or the Clean Water Services imposed credits on accounts or refunds shall be made as on users of utility services. expeditiously as possible. Disputed billings or other collection transactions shall be dealt with B. Delinquent. Utility charges not paid as follows: by the due date specified on the bill for such charges are considered delinquent. In recognition of the need for exceptions in some cases, authority is granted as follows C. User. Any person who uses property for adjustments to utility charges and to the which maintains connection to,discharge to,or implementation of payment agreements. otherwise receives services from the city's stormwater, surface water, sanitary sewer or A. The finance director or designee water systems. The occupant of occupied shall have the authority to waive utility property is deemed the user. If the property is charges up to $500. Such waiver may be made not occupied, the person who has the right to based upon a written request from the occupy it shall be deemed the user. (Ord. 12- customer and for good cause. Good cause may 06 §1) include, but is not limited to, correction of user or account information, failure of the city 12.03.030 Rates,Charges,Fees,Penalties, to send a bill,demonstrated failure of a user to Collections receive a bill, correction of measurement of either fixture units or equivalent service units A. Clean Water Services Rates and and adjustments to the time in which requester Charges Resolution and Orders as amended became the user. Waivers may include and Ordinance Numbers 26, 27, 28, and 29 as I2-03-1 Code Update:4/13 TIGARD MUNICIPAL CODE returned check charges, disconnection charges or utility charges. B. The city manager or designee shall have the authority to waive utility charges up to $2,500. Such waiver must be made based upon a written request from the customer and for good cause as defined in subsection A of this section. The city manager shall receive a written report of findings from staff and then weigh the evidence presented by the customer and the staff before making any such waiver. C. The city may enter into a payment agreement with a customer to facilitate the payment of delinquent utility charges. Such agreements shall not exceed the term of one three years,current charges must be paid when due,and the agreement must be signed by both parties and must be a legally binding agreement. Breach of such an agreement by the customer shall result in further collection efforts. The city shall not enter into more than two payment agreements with a given customer in a one year period,beginning as of the date the first payment agreement is executed by the parties. Payment agreements for amounts over $10,000 must be approved by the Tigard City Council. (Ord. 12-06§1) 12.03.050 Customer Appeal Process Customers shall have the right to appeal billing decisions made by staff. If a customer is not satisfied with a decision, the customer may appeal to the finance director within 14 days of the decision in writing explaining the issue and justification for the customer's position. Finance director decisions may be appealed to the city manager within 14 days of the decision in a similar fashion. City manager decisions may be appealed within 14 days of the decision to the City Council. Council decisions are considered final. (Ord. 12-06§1) 12-03-2 Code Update:4/13 Exhibit A TIGARD MUNICIPAL CODE Chapter 12.10 WATER SYSTEM RULES AND REGULATIONS* 12.10.010 Definitions Sections: "Tigard Water Service Area (TWSA)" shall mean the territory within the boundaries of City of 12.10.010 Definitions Durham, City of King City, Tigard Water District 12.10.020 Introduction and the portion of the City of Tigard not served by 12.10.030 Use of Water Tualatin Valley Water District(TVWD).(Ord. 12- 12.10.040 Service Size 06 §3) 12.10.050 Separate Connection 12.10.060 Furnishing Water 12.10.020 Introduction 12.10.070 Service Pipe Standard and Maintenance All definitions, authority, rules, and 12.10.080 Violation of Utility Services regulations as described in Chapter 12.01, Utility Code Services Rules and Regulations, are applicable to 12.10.090 Jurisdiction this chapter. (Ord. 12-06 §3) 12.10.100 Waste-Plumbing-Inspection 12.10.110 Physical Connections With 12.10.030 Use of Water Other Water Supplies or Systems Water will be furnished for ordinary 12.10.120 Cross-Connection Control domestic, business and community purposes, and Program fire protection only.No water will be furnished for 12.10.130 Payment-Delinquency. the direct operation of steam boilers, machinery or (Repealed By Ord.96-02) golf courses, except on an interruptible basis, and 12.10.140 Water Rates the city will assume no responsibility therein. 12.10.150 Interrupted Service-Changes (Ord. 12-06 §3) in Pressure 12.10.160 Service Connection 12.10.040 Service Size Maintenance 12.10.170 Limitation on the Use of Water Upon the application for new water service, 12.10.180 Fire Hydrant-Temporary Use and payment of all charges, the city will install a 12.10.190 Illegal Use of Fire Hydrant or service connection and meter of such size and Meter location as approved by the Public Works 12.10.200 Amendments-Special Rules- Department. Meter and water service piping shall Contracts be sized using the fixture count method as 12.10.210 Grievances described in the State of Oregon Uniform 12.10.220 Findings and Declaration of a Plumbing Code. The minimum size of any water Water Emergency meter, which connects to the city water system, 12.10.230 Enforcement shall be five-eights/three-fourths inch diameter. 12.10.240 Penalties 12.10.250 Water Shut-Off In new subdivisions, the city requires the installation of water mains, valves, hydrants and *Prior ordinance history: Ord.Nos. 93-34,94-19, water services by the developer as a part of 96-02,01-15,02-31. improvements as described in this chapter. All improvements and installations shall be in accordance with public improvement design 12-10-1 Code Update:4/13 TIGARD MUNICIPAL CODE standards. (Ord. 12-06 §3) The service pipe within the premises and throughout its entire length to the water meter 12.10.050 Separate Connection must be in serviceable condition. It must be protected from freezing at the expense of the A separate service connection will be customer, lessee, or agent, who shall be required for each dwelling, apartment or motel, responsible for all damages resulting from leaks or place of business, and institution. All outlying breaks. (Ord. 12-06 §3) buildings and premises used as a part of such dwelling place or business or institution may be 12.10.080 Violation of Utility Services served from such connection, as well as all Code buildings on such premises operated under the one management. The city shall prescribe the number A. Waste. No customer shall cause or of buildings to be served from one meter and such permit water to run or be discharged through the determination shall be final. (Ord. 12-06§3) fixtures, pipes or faucets on the customer's premises in excess of the quantity necessary for 12.10.060 Furnishing Water domestic, irrigation or other pennitted purposes under this code. The city shall not be obligated to furnish and install, at its expense, system facilities for all B. Damage. No person shall willfully or property within the city. The city shall, so far as maliciously damage or in any manner interfere reasonable and practicable and within its financial with or remove any of the pipes,valves,back flow means, however, provide adequate source of prevention devices, meters, lock seals, surface supply, necessary primary transmission mains, water management systems or other property storage facilities and other improvements belonging to the city or used in connection with necessary to make water service generally the city utility system. Any person violating this available to all areas within the city. Extensions to section shall be charged for all costs associated furnish water to areas not now served by the city with repairing any such damage or interference, will be made at the expense of those persons plus any penalty. This charge may be added to the requesting service. Such extensions will be made utility bill. Failure to pay such repair charges shall by the city or by those expressly authorized by the be a basis for discontinuance of service. city. Consideration will be given to the city's ability to serve and to eligibility for annexation to C. Tampering. No unauthorized person the city of the property to be served.The city may shall tamper with, alter, or damage any part of the contract with other governmental entities for the city utility system, reservoir system, pumping provision of water. The terms of service will be station, surface water management system, defined by agreement and consistent with the metering facilities, or open or close any fire terms of this chapter. (Ord. 12-06 §3) hydrant or service line. No person shall alter the utility service in a manner which would allow 12.10.070 Service Pipe Standard and service to more than one household without Maintenance applying for service and complying with this code. The council may establish a tampering fine by Service pipes of all sizes, within or without resolution for violation of this provision. This fine the premises, whether for domestic, commercial, may be or fire protection purposes, must be materials, quality, class, and size as specified by the state plumbing code or regulations of the city. 12-10-2 Code Update:4/13 TIGARD MUNICIPAL CODE included in the utility bill. Failure to pay that fine without the written consent and approval of the can result in discontinuance of service. City Council, and the written approval of the Oregon Health Authority. Included in this D. Violations. Violation of this section is category are all pipe lines, appurtenances and punishable by a fine of not more than $5,000. facilities of the city system and all pipes, Violation of this section a second or subsequent appurtenances, pumps, tanks, storage reservoirs, time within a 24-month period is punishable by a facilities, equipment, appliances, etc., of other fine of not less than $1,500 and not more than systems whether located within or on public or $5,000. private property, or the premises of a water customer. E. Code Violation a Civil Violation. In addition to the other penalties provided by this B. Any such connection shall be removed code and state law, a violation of any requirement by the customer within 10 days after written notice of the Utility Code shall be a civil violation to remove is given by the city. If not removed pursuant to Chapter 1.16 of this code and may be within the time specified, the city may remove or prosecuted in the Municipal Court of the City of discontinue any connection which it may have for Tigard. (Ord. 12-06 §3) servicing the property. C. No person shall interfere with or 12.10.090 Jurisdiction of Water System attempt to prevent the public works director or The operation and repair of the city's water other authorized representative from entering upon system,includingpipes,valves,pumps,reservoirs, private premises and inspecting the property when y p p p p ' an emergency exists or the public works director fixtures, etc. is the complete responsibility of the or authorized representative exhibits a warrant city's Public Works Department. No plumber, authorizing entry. (Ord. 12-06 §3) contractor, or other person will be allowed to connect to or operate any part of the city's water 12.10.120 Cross-Connection Control system up to and including the water meter. (Ord. 12-06 §3) Program A. The city maintains a cross connection 12.10.100 Waste-Plumbing-Inspection control program in order to protect the public Water will not be furnished to premises water supply from contamination or pollution, and to assure that approved backflow prevention where it is allowed to run or waste to prevent freezing or through defective plumbing or assemblies or devices are tested and/or inspected annually. otherwise. Plumbing should be in conformance with the appropriate codes of the jurisdiction B. Determination by the city of issuing the building permit.(Ord. 12-06 §3) appropriate levels of protection shall be in accordance with the Accepted Procedures and 12.10.110 Physical Connections With Practice in Cross-Connection Control Manual, Other Water Supplies or American Water Works Association, Pacific Systems Northwest Section, current edition. (Ord. 12-06 A. Neither cross-connections nor physical §3) connections of any kind shall be made to any other water supply,whether private or public, 12-10-3 Code Update:4/13 TIGARD MUNICIPAL CODE 12.10.130 Payment—Delinquency result in discontinuance of service. The city shall (Repealed by Ord. 96-02) have no liability for trimming of maintaining vegetation in order to read meters. (Ord. 12-06 §3) 12.10.140 Water Rates 12.10.170 Limitation on the Use of Water All rates, fees and charges shall be set by resolution of the Tigard City Council. (Ord. 12-06 A. Limitation on the use of water as to §3) hours,purpose,or manner may be prescribed from time to time by order of the public works director, 12.10.150 Interrupted Service—Changes in based on a finding that the limitation is reasonable Pressure given the available and projected water supply and demand. Any order under this section shall be The water may be shut off at any time for reviewed by the City Council at its next session repairs or other necessary work with or without following issuance of the order. The City Council notice. Conditions may cause a variation of the may affirm,withdraw or amend the order. pressure. The city will not be responsible for any damage caused by interruption of service or B. The public works director, the city varying pressure. (Ord. 12-06 §3) manager or the City Council may call for voluntary reductions in water use, including, but 12.10.160 Service Connection not limited to, voluntary rotational watering plans. Maintenance (Ord. 12-06 §3) A. The city will maintain all standard 12.10.180 Fire Hydrant-Temporary Use service connections in good repair without expense to the customers. Each customer is Any person who desires to use a fire hydrant required to use reasonable care and diligence to for temporary water supply must obtain protect the water meter and meter box from loss or permission of the city. The charge for temporary damage by freezing,hot water,traffic hazards,and use shall be set by resolution of the City Council. other causes, in default of which, such customer The customer is responsible for repair and/or shall pay to the city the full amount of the replacement of damaged meter. (Ord. 12-06 §3) resulting damage. 12.10.190 Illegal Use of Fire Hydrant or B. Each customer is required to maintain a Meter vegetation and other obstruction free zone of a minimum of two feet around the water meters,fire Connection to a fire hydrant or meter without hydrants or other water appurtenances. Clear proper authority is a Class 1 civil infraction. (Ord. access to the meter shall be from the street side in 12-06 §3) a direct path to the water meter. The customer shall remove any obstruction within 30 days' 12.10.200 Amendments-Special Rules- written notice from the city. Failure to maintain Contracts the area within the time ordered by the city may result in city personnel clearing the area to meet The city may at any time amend, change or the city's meter reading and maintenance needs. modify any rule, rate or charge, or make any The City Council may establish a service special rule, rate or contract, and all water service connection maintenance charge by resolution for is subject to such power. (Ord. 12-06 §3) violation of this provision. This charge may be included in the utility bill. Failure to pay fine may 1 10--1 Code Update:4/13 TIGARD MUNICIPAL CODE 12.10.210 Grievances B. Second violation of the same type: Class 3 infraction-$50. Any grievance as to service or complaints shall be made to the public works director, who C. Third violation of the same type: Class shall attempt to resolve the problem. Any 2 infraction-$100. unresolved grievances as to service or complaints shall be reported and will be considered by the city D. Fourth and subsequent violations of the manager. (Ord. 12-06 §3) same type: Class 1 infraction - $250. (Ord. 12-06 12.10.220 Findings and Declaration of a §3) Water Emergency 12.10.250 Water Shut-Off Upon finding that the municipal water supply After the third violation of a curtailment is incapable of providing an adequate water supply restriction, the public works director may order for normal usage due to a drought, system failure that the water service to the location where the or any other event,the City Council may declare a violation has occurred shall be shut-off or reduced. water emergency and require that water usage A shut-off notice shall be posted on the property at must be curtailed.The declaration shall include the least 48 hours prior to the scheduled shut-off or effective date, the reason for the declaration and reduction. The shut-off notice shall specify the the level of prohibition declared.The City Council reasons for the shut-off or reduction. Any person may include an estimated time for review or wishing to avoid a shut-off must provide the revocation of the declaration. (Ord. 12-06 §3) public works director with evidence that the shut- off will create a health or safety risk. All shut-offs 12.10.230 Enforcement imposed under this section shall be temporary, not to exceed 30 days,provided the applicable charges A. Warning. The city shall send a letter of are paid prior to reconnection. (Ord. 12-06 §3)• warning for each violation of a curtailment restriction if no previous letter of warning has been sent to the person responsible for the violation. The letter of warning shall specify the violation, may require compliance measures and shall be served upon the person responsible for the violation. Service may be in person, by office or substitute service or by certified or registered mail, return receipt requested. B. Civil Infraction. After the person responsible for the violation has received a warning letter, any subsequent violation shall be treated as a civil infraction under Chapter 1.16. (Ord. 12-06 §3) 12.10.240 Penalties A. First violation: Warning letter. 12-I Code Update:4/13 AIS-2787 6. Business Meeting Meeting Date: 09/13/2016 Length (in minutes): 10 Minutes Agenda Title: Consider Issuing a Contract for Public Outreach and Messaging Prepared For: Kent Wyatt Submitted By: Kent Wyatt, City Management Item Type: Update,Discussion, Direct Staff Meeting Type: Local Contract Review Board Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Consider whether the City should award a contract for public outreach and messaging. STAFF RECOMMENDATION / ACTION REQUEST Approve staff to continue with the process of selecting a firm for public outreach and messaging services. KEY FACTS AND INFORMATION SUMMARY During the 2016-17 budget deliberations,the budget committee advised that seeking a local option levy and facilities bond should be sought to maintain the sustainability of the City's general fund,and also to repair and replace city facilities,and also invest in the vision. To examine the prospect of seeking voter-approved tax measures in the future,the city will conduct public opinion research to ensure the city's assumptions and decisions are in line with the community's desires,and the City Council has ongoing advice about the appropriate timing,priority and key messages for when to seek voter approval.The City hopes to seek public opinion for the following dimensions of future planning: •Local option levy •Facilities bond •Recreation programming •Parks and recreation (utility) fee •Sidewalk and pathway program •Willingness to pay Staff envisions the need for public opinion research in three potential phases: first,a baseline understanding of voter awareness and desires for city services and facilities (September-October 2016); second,when needs assessments for day-to-day city services and facility needs have been completed and are better known (March-April 2017); and finally,just prior to City Council decisions to place a matter before voters (July 2017). Telephone surveys,online surveys,and focus groups will key components of the community: A Request for Proposal and an addendum for additional details were issued in July for the required services. The City received proposals from five firms.Based on the scoring from the evaluation team,staff will bring forward a contract award recommendation for DHM Research at a future business meeting.The total of the contract amount will be approximately$150,000. OTHER ALTERNATIVES Elect not to continue with the RFP process. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Council Goal 1: Provide Recreation Opportunities for the People of Tigard Council Goal 5: Expand Opportunities to Engage People in the Community DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $120,000 Budgeted (yes or no): N Where Budgeted (department/program): City Management Additional Fiscal Notes: The city council will receive a first quarter supplemental budget request for this item. Attachments Public Opinion RFP 1111 City ofTigard FINANCE AND INFORMATION SERVICES I i k; 1) Request for Proposal (RFP) PUBLIC OPINION RESEARCH AND MESSAGING Proposals Due: Thursday,July 28-2:00 p.m. local time Submit Proposals To: City of Tigard—Contracts &Purchasing Office Attn: Joe Barrett,Sr. Management Analyst 13125 SW Hall Blvd. Tigard,Oregon 97223 Direct Questions To: Joe Barrett, Sr. Management Analyst Phone: (503) 718-2477 Email: joseph@tigard-or.gov City of Tigard 113125 SW Hall Blvd.,Tigard, OR 97223 I (503) 639-4171 I www.tigard-or.gov PUBLIC NOTICE REQUEST FOR PROPOSAL Public Opinion Research and Messaging The City of Tigard is seeking sealed proposals from qualified firms to provide public opinion research and messaging services for the City's evaluation of potential future voter-approved tax measures. Proposals will be received until 2:00 p.m. local time,Thursday,July 28, 2016,at Tigard City Hall's Utility Billing Counter at 13125 SW Hall Blvd.,Tigard,Oregon 97223. No proposal will be considered unless fully completed in a manner provided in the RFP packet. Facsimile and electronic (email) proposals will not be accepted nor will any proposal be accepted after the stated due date and time. Any proposal received after the closing time will be returned to the submitting firm unopened after a contract has been awarded for the required services. RFP packets may be downloaded from http://www.tigard-or.gov or obtained in person at Tigard City Hall's Utility Billing Counter located at 13125 SW Hall Blvd.,Tigard, Oregon 97223. Proposers are required to certify non-discrimination in employment practices, and identify resident status as defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to comply with the provisions of Oregon Revised Statutes and Local Contract Review Board (LCRB) Policy. The City may reject any proposal not in compliance with all prescribed public bidding procedures and requirements,and may reject for good cause any or all proposals upon a finding of the City if it is in the public interest to do so. PUBLISHED: Daily Journal of Commerce DA 1'h: (Day of Week), (Date) RFP—Public Opinion Research and Messaging Page 2 Close—Thursday,July 28 TABLE OF CONTENTS TITLE PAGE Title Page 1 Public Notice 2 Table of Contents 3 SECTIONS Section 1 Introduction 4 Section 2 Proposer's Special Instructions 4 Section 3 Background Section 4 Scope and Schedule of Work Section 5 Proposal Content and Format Section 6 Proposal Evaluation Procedures Section 7 Proposal Certification Section 8 Signature Page ATTACHMENTS Attachment A Acknowledgement of Addendum Attachment B Statement of Proposal Attachment C City of Tigard General Services Agreement RFP—Public Opinion Research and Messaging Page 3 Close—Thursday,July 28 SECTION 1 INTRODUCTION The City of Tigard is seeking sealed proposals from qualified firms to provide public opinion messaging and survey research services for the City's evaluation of potential future voter-approved tax measures. Proposals will be received until 2:00 p.m. local time,Thursday,July 28, at Tigard City Hall's Utility Billing Counter at 13125 SW Hall Blvd.,Tigard,Oregon 97223. No proposal will be considered unless fully completed in a manner provided in the RFP packet. Facsimile and electronic (email) proposals will not be accepted nor will any proposal be accepted after the stated due date and time. Any proposal received after the closing time will be returned to the submitting firm unopened after a contract has been awarded for the required services. Proposers are required to certify non-discrimination in employment practices, and identify resident status as defined in ORS 279A.120. Pre-qualification of proposers is not required. All proposers are required to comply with the provisions of Oregon Revised Statutes and Local Contract Review Board (LCRB) Policy. The City may reject any proposal not in compliance with all prescribed public bidding procedures and requirements,and may reject for good cause any or all proposals upon a finding of the City if it is in the public interest to do so. SECTION 2 PROPOSER'S SPECIAL INSTRUCTIONS A. PROPOSED TIMELINES Monday.July 11 Advertisement and Release of Proposals Thursday.July 28.2016—2:00 p.m. Deadline for Submission of Proposals Week of August 4 Interviews (if necessary) Week of August 11 Award of Contract by LCRB Week of August 18 Commencement of Services NOTE: The City reserves the right to modify this schedule at the City's discretion B. GENERAL By submitting a proposal, the Proposer certifies that the Proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. C. PROPOSAL SUBMITTAL The Proposal and all amendments must be signed and submitted no later than 2:00 p.m., Thursday, July 28, to the address below. Each proposal must be submitted in a sealed envelope and designated with proposal title. To assure that your proposal receives priority treatment,please mark as follows. RFP—Public Opinion Research City of Tigard—Utility Billing Counter Attn: Joe Barrett,Sr.Management Analyst 13125 SW Hall Blvd. Tigard,Oregon 97223 Proposer shall put their name and address on the outside of the envelope. It is the Proposer's responsibility to ensure that proposals are received prior to the stated closing time. The City shall not be responsible for the proper identification and handling of any proposals submitted incorrectly. Late proposals, late modification or late withdrawals shall not be considered accepted after the stated bid RFP—Public Opinion Research and Messaging Page 4 Close—Thursday,July 28 opening date and time and shall be returned unopened. Facsimile and electronic (email) proposals will not be accepted. D. PROTEST OF SCOPE OF WORK OR TERMS A Proposer who believes any details in the scope of work or terms detailed in the proposal packet and sample contract are unnecessarily restrictive or limit competition may submit a protest in writing, to the Purchasing Office. A protest may be submitted via facsimile. Any such protest shall include the reasons for the protest and shall detail any proposed changes to the scope of work or terms. The Purchasing Office shall respond to any protest and,if necessary, shall issue any appropriate revisions, substitutions,or clarification via addenda to all interested Proposers. To be considered, protests must be received at least five (5) days before the proposal closing date. The City shall not consider any protest against award due to the content of proposal scope of work or contract terms submitted after the established protest deadline. All protests should be directed to the attention of Joe Barrett,Sr. Management Analyst,and be marked as follows: RFP Specification/Term Protest City of Tigard—Contracts and Purchasing Office Attn: Joe Barrett,Sr. Management Analyst 13125 SW Hall Blvd. Tigard,Oregon 97223 If a protest is received in accordance with section above,the proposal opening date may be extended if necessary to allow consideration of the protest and issuance of any necessary addenda to the proposal documents. E. PROPOSAL SUBMISSION AND SIGNING All requested forms and attachments (Signature Page, Acknowledgment Addendum, Statement of Proposal, etc.) must be submitted with the Proposal and in the required format. The submission and signing of a proposal shall indicate the intention of the firm to adhere to the provisions described in this RFP. F. COST OF PREPARING A PROPOSAL The RFP does not commit the City to paying any costs incurred by Proposer in the submission or presentation of a proposal,or in making the necessary studies for the preparation thereof. G. INTERPRETATIONS AND ADDENDA All questions regarding this project proposal shall be directed to Joe Barrett,Sr.Management Analyst. If necessary, interpretations or clarifications in response to such questions will be made by issuance of an "Addendum" to all prospective Proposers within a reasonable time prior to proposal closing, but in no case less than 72 hours before the proposal closing. If an addendum is necessary after that time,the City,at its discretion,can extend the closing date. Any Addendum issued,as a result of any change in the RFP,must be acknowledged by submitting the "Acknowledgment of Addendum"with proposal. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. H. BUSINESS LICENSE/FEDERAL TAX ID REQUIRED The City of Tigard Business license is required. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the City of Tigard shall pay a City of Tigard Business License. Successful RFP—Public Opinion Research and Messaging Page 5 Close—Thursday,July 28 Contract will be required to present a copy of their City of Tigard Business License at the time of contract execution. Successful Contractor shall also complete a W-9 form for the City at the time of contract execution. CITY'S PROJECT MANAGER The City's Project Manager for this work will be Kent Wyatt, Senior Management Analyst,who can be reached by phone at (503) 718-2809 or by email at kentw@tigard-or.gov. Kent will be advised by members of the City's Leadership Team regarding the project. J. PROPOSAL VALIDITY PERIOD Each proposal shall be irrevocable for a period of sixty (60) days from the Proposal Opening Date. K. FORM OF CONTRACT A copy of the City's standard general services agreement,which the City expects the successful firm or individual to execute,is included as"Attachment C". The contract will incorporate the terms and conditions from this RFP document and the successful proposer's response documents. Firms taking exception to any of the contract terms shall submit a protest or request for change in accordance with Section 2.D "Protest of Scope of Work or Terms"or their exceptions will be deemed immaterial and waived. L. TERM OF CONTRACT The term of the contract shall be a period of one (1) year with the mutual option to renew for up to one (1) additional one-year periods. The total term of the contract cannot exceed five (5) years. M. TERMINATION The contract may be terminated by mutual consent of both parties or by the City at its discretion with a 30 days' written notice. If the agreement is so terminated, Contractor shall be paid in accordance with the terms of the agreement. N. INTERGOVERNMENTAL COOPERATIVE PURCHASING The bidder submitting this proposal agrees to extend identical prices and services under the same terms and conditions to all public agencies in the region. Quantities stated in this solicitation reflect the City of Tigard usage only. Each participating agency shall execute its own contract with the lowest responsible/responsive bidder for its requirements. Any bidder(s), by written notification included with their bid, may decline to extend the prices and terms of this solicitation to any and/or all other public agencies. O. NON-COLLUSION Proposer certifies that this proposal had been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition. P. PUBLIC RECORD All bid material submitted by bidder shall become the property of the City and is public record unless otherwise specified. A bid that contains any information that is considered trade secret under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The above restrictions may not include cost or price information,which must be open to the public. RFP—Public Opinion Research and Messaging Page 6 Close—Thursday,July 28 SECTION 3 BACKGROUND In 2014, the City Council adopted the vision the Strategic Plan to become "the most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives." The strategic plan is providing guidance and direction for the city's priorities over the next 20 years. Proactive planning for the future is providing an opportunity to grow the city in a way that is thoughtful and unique by leveraging and building on Tigard's existing strengths. One of the goals of the strategic plan that has received particular focus in the past two years is to "fund the vision while maintaining day-to-day city services."During the 2016-17 budget,in response to a recommendation by the City Manager,the budget committee (comprised of the City Council and citizen members) advised that seeking a local option levy and facilities bond should be sought to maintain the sustainability of the City's general fund,and also to repair and replace city facilities,and also invest in the vision. (Attached is the City Manager's Budget Message for FY 16-17 which provides key information on the financial decisions facing the city.) To examine the prospect of seeking voter-approved tax measures in the future, the city will conduct public opinion research to ensure the city's assumptions and decisions are in line with the community's desires,and the City Council has ongoing advice about the appropriate timing,priority and key messages for when to seek voter approval. The City hopes to seek public opinion for the following dimensions of future planning: Local Option Levy.The city's Budget Committee advised with the adoption of the 2016-17 budget that Tigard should consider referring a local option levy to voters to supplement the base tax rate to provide day-to-day city services. Tigard has a low permanent property tax levy rate ($2.51/1,000 AV), second lowest of any city in Washington County with a population over 5,000. If a local option levy were referred to voters,the city would be seeking input and public opinion about the importance and priority of general fund services,and what the voting public is most willing and interested in paying more for(Police,Library, Parks,or other services provided with the General Fund). Facilities Bond. Tigard has growing facility repair and replacement needs,including inadequate space in the Police Department, scattered leased sites for Public Works, and deferred maintenance and acute repairs needed in from a 30-year old city hall complex. A space and facilities strategic plan and building condition assessment is underway, which will recommend options resolve these challenges. The likely funding source to pay for any repaired or replaced facilities will be a voter-approved property tax measure. Recreation Programming. The City is seeking to meet the community's desire for recreational opportunities and has recently launched a new city recreation program. The city is exploring options for the future of providing recreation services,including a city-operated recreational program or partnerships with the Tigard-Tualatin Aquatics District or Tualatin Hills Park and Recreation District. Park and Recreation (Utility) Fee. In 2016, the City Council enacted a utility fee to pay for part of the costs of existing park maintenance,with a discussion about eliminating the fee if another funding source could be found to address maintenance of existing parks, deferred maintenance, and recreation programming. Sidewalk and Pathway Program. As part of the City's strategic plan to become more walkable and connected, $118 million of sidewalk and pathway "gaps" were identified that could represent a future investment in the city's walking and bicycling infrastructure.The City wants to assess the depth of public RFP—Public Opinion Research and Messaging Page 7 Close—Thursday,July 28 interest and willingness to pay for building out sidewalks,trails and pathways to connect every household to within 3/8 of a mile of the pedestrian network. "Willingness to Pay." Over the last year, the City has increased water rates, stormwater fees, sewer surcharge,street maintenance fees,created the park and recreation charge,and other services such as solid waste rates and regional sewer rates and school district property taxes have increased.The City is interested in understanding the tax tolerance of city voters at certain levels of investment ($0.50/1000 AV, $0.75/1000 AV, $1.00/1000), to assist the City Council in making choices about the timing and level of request that could be made for voters to still gain support for additional funding for day-to-day city services. Key Messages.The City is interested in testing key messages about the importance of day-to-day services in the general fund and the state of the city's facilities to understand the best way to communicate about these needs to voters for a potential future request to voters. The City of Tigard envisions the need for public opinion research in three potential phases: first,a baseline understanding of voter awareness and desires for city services and facilities (August-September 2016); second,when needs assessments for day-to-day city services and facility needs have been completed and are better known (March-April 2017); and finally, just prior to City Council decisions to place a matter before voters (July 2017). RFP—Public Opinion Research and Messaging Page 8 Close—Thursday,July 28 SECTION 4 SCOPE AND SCHEDULE OF WORK The City is seeking the services of a professional polling firm with extensive experience in assisting local governments in public opinion research on facilities,local option levies,strategic planning,and general fund services (police,library,parks and recreation, and day-to-day city services). It is desirable that firms have demonstrated experience assisting local governments of similar size and complexity as Tigard. The scope of work to be performed by the Consultant will include,but is not limited to the following: 1. Overview of current polling practices and uses of data for City staff members. 2. Regular involvement and consultation with City staff, and possibly City Council members and members of the community,on the project need and design of the questionnaire(s). 3. Landline and cell phone interview polling conducted using generally-accepted polling practices. 4. An online polling tool(or other engagement techniques) to engage those residents not reached by the telephone poll. 5. Preparation of a variety of statistical tables and analyses. 6. Preparation of draft and final reports of the data with key findings. Reports will include visual presentation, executive summary, written report, and strategic analysis that will assist the city in decision-making about future ballot measures and communications. 7. Develop key messages for informational materials such as brochures,mailers,and web content. 8. Meet with and present to City representatives, City Council, members of the community and others as needed to review results and discuss findings. This could include attendance and presentation at Council Committee and Council meetings. 9. Any other tools or processes that would be useful in understanding current community opinions. RFP—Public Opinion Research and Messaging Page 9 Close—Thursday,July 28 SECTION 5 PROPOSAL CONTENT AND FORMAT A. FORMAT To provide a degree of consistency in review of the written proposals, firms are requested to prepare their proposals in the standard format specified below. 1. Title Page Proposer should identify the RFP Title, name and title of contact person,address, telephone number, fax number,email address and date of submission. 2. Transmittal Letter The transmittal letter should be not more than two (2) pages long and should include as,a minimum the following: a. A brief statement of the Proposer's understanding of the project and services to be performed; b. A positive commitment to perform the services within the time period specified,starting and completing the project within the deadlines stated in this RFP; and the names of persons authorized to represent the Proposer, their title, address and telephone number (if different from the individual who signs the transmittal letter.) 3. Table of Contents The table of contents should include a clear and complete identification by section and page number of the materials submitted. 4. Firm and Team Qualifications a. Background of the firm. This should include a brief history of the firm and types of services the firm is qualified to perform. b. Qualifications of the firm in performing this type of work. This should include examples of related experience and references for similar studies and projects. c. Proposers must identify the anticipated members of their firm that will be assigned to meet the City's needs. Proposers should identify individuals and subcontractors who will provide the services, their experience, and their individual qualifications. Pertinent resumes of assigned personnel should be included. 5. Project Understanding and Approach Proposers should provide the City with information regarding their understanding of the City's needs with regards to the Scope and Schedule of Work. Proposers should demonstrate a general understanding of the needs of a municipality in the State of Oregon from a firm. As part of their service understanding documentation, Proposer's should address their availability to meet the City's needs. 6. Cost Structure The proposed fee structure should include the complete breakout for the Contractor's costs to provide all of the services under the subsequent contract. RFP—Public Opinion Research and Messaging Page 10 Close—Thursday,July 28 B. ADDITIONAL SERVICES Provide a brief description of any other services that your firm could provide the City and an approximation of the hourly charge for each service of this type. Such services would be contracted for on an "as needed" basis,to be provided and billed for separately. C. ADDITIONAL INFORMATION Please provide any other information you feel would help the Selection Committee evaluate your firm for this project. D. REFERENCES Contractor must demonstrate successful past performance of the firm's ability to provide services as set forth in this specification. Contractors must detail three (3) references to document experience. References must be detailed in Attachment B "Statement of Proposal" E. DISPUTES Should any doubt or difference of opinion arise between the City and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this RFP, the decision of the City shall be final and binding upon all parties. F. CITY PERSONNEL No Officer,agent,consultant or employee of the City shall be permitted any interest in the contract. Each proposal shall contain the following information: 1. A general description of the range of relevant activities performed by the Consultant, including experience in performing opinion surveys for public agencies. 2. The name, address, and telephone number of three references for which the Consultant has performed public opinion survey services.At least one reference should be from a municipality. 3. A not-to-exceed figure to perform the scope of services listed above. Include,if applicable,hourly rates to perform work and a fee schedule for reimbursable expenses. 4. An explanation of the approach and methodology used to perform the scope of work outlined above. Include the organization of project personnel and any additional assistance needed from outside sources. 5.Any other information about the Consultant that you believe would be applicable to this project. RFP—Public Opinion Research and Messaging Page 11 Close—Thursday,July 28 SECTION 6 PROPOSAL EVALUATION PROCEDURES A. SELECTION AND EVALUATION PROCESS A Selection Committee assembled by the City will review the written proposals. Proposals will be evaluated to determine which ones best meet the needs of the City. After meeting the mandatory requirements, the proposals will be evaluated on both their technical and fee aspects. The Selection Committee will select the Proposer which best meets the City's needs based upon its evaluation of a firms proposal. Proposals will be evaluated in accordance with the following: 1. Completed Proposal submitted on time Pass/Fail 2. An original plus three (3) copies of the complete proposal Pass/Fail 3. Transmittal letter Pass/Fail 4. Firm and team qualifications 25 points 5. Project understanding and approach 40 points 6. Cost structure 35 points TOTAL EVALUATION POINTS 100 POINTS B. PRESENTATION/INTERVIEW At the option of the City, the top scoring proposers (based on the criteria points) may be asked to make a presentation of their proposal. This will provide an opportunity to clarify or elaborate on the proposal, but will not, in any way provide an opportunity to change any fee amount originally proposed. The City's Project Manager will schedule the time and location of these presentations and notify the selected firms. If the City elects to conduct a presentation/interview process, 25 criteria points will be assigned to the process and will be added to the participating Proposers' total points. C. INVESTIGATION OF REFERENCES The City reserves the right to investigate references and the past performance of any Proposer with respect to its successful performance of similar projects,compliance with specifications and contractual obligations,its completion or delivery of a project on schedule and its lawful payment of employees and workers. D. CLARIFICATION OF PROPOSALS The City reserves the right to obtain clarification of any point in regards to a proposal or to obtain additional information necessary to properly evaluate or particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in rejection of their proposal. E. RESERVATION IN EVALUATION The Selection Committee reserves the right to either: (a) request "Best and Final Offers" from the two finalist firms and award to the lowest priced or (b) to reassess the proposals and award to the vendor determined to best meet the overall needs of the City. F. INTENT OF AWARD Upon review of the proposals submitted,the City may negotiate a scope of work and a general services agreement with one firm,or may select one or more firms for further consideration. RFP—Public Opinion Research and Messaging Page 12 Close—Thursday,July 28 G. PROTEST OF AWARD In accordance with Tigard Public Contracting Rule 30.135,any adversely affected Proposer has seven (7) calendar days from the date of the written notice of award to file a written protest. H. PROPOSAL REJECTION The City reserves the right to: 1. Reject any or all proposals not in compliance with all public procedures and requirements; 2. Reject any proposal not meeting the specifications set forth herein; 3. Waive any or all irregularities in proposals submitted; 4. In the event two or more proposals shall be for the same amount for the same work,the City shall follow the provisions of LCRB 30.095 and Section 137-095 of the Oregon Attorney General's Model Public Contract Manual; 5. Reject all proposals; 6. Award any or all parts of any proposal;and 7. Request references and other data to determine responsiveness. RFP—Public Opinion Research and Messaging Page 13 Close—Thursday,July 28 SECTION 7 PROPOSAL CERTIFICATIONS ****************************************** Non-discrimination Clause The Contractor agrees not to discriminate against any client, employee or applicant for employment or for services, because of race,color, religion, sex, national origin, handicap or age with regard to,but not limited to,the following:employment upgrading,demotion or transfer;recruitment or recruitment advertising;layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order from the City,unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: Firm Name: Address: ***************************************** Resident Certificate Please Check One: ❑ Resident Vendor: Vendor has paid unemployment taxes and income taxes in this state during the last twelve calendar months immediately preceding the submission of this proposal. Or ❑ Non-resident Vendor: Vendor does not qualify under requirement stated above. (Please specify your state of residence: ) Officer's signature: Type or print officer's name: RFP—Public Opinion Research and Messaging Page 14 Close—Thursday,July 28 SECTION 8 SIGNATURE PAGE The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated; and that all articles supplied under any resultant contract will conform to the specifications herein, The undersigned agrees to be bound by all applicable laws and regulations, the accompanying specifications and by City policies and regulations. The undersigned,by submitting a proposal,represents that: A) The Proposer has read and understands the specifications. B) Failure to comply with the specifications or any terms of the Request for Proposal may disqualify the Proposer as being non-responsive. The undersigned certifies that the proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. The undersigned certifies that all addenda to the specifications has been received and duly considered and that all costs associated with all addenda have been included in this proposal: Addenda: No. through No. inclusive. We therefore offer and make this proposal to furnish services at the price(s)indicated herein in fulfillment of the attached requirements and specifications of the City. Name of firm: Address: Telephone Number: Fax Number: By: Date: (Signature of Authorized Official. If partnership,signature of one partner.) Typed Name/Title: If corporation,attest: (Corporate Officer) ❑ Corporation ❑Partnership ❑ Individual Federal Tax Identification Number(TIN): RFP—Public Opinion Research and Messaging Page 15 Close—Thursday,July 28 ATTACHMENT A CITY OF TIGARD, OREGON ACKNOWLEDGMENT OF ADDENDA Project Title: Close: (Day of Week). (Date) -2:00 p.m. I/WE HAVE RECEIVED THE FOLLOWING ADDENDA (If none received, mite 'None Received'): 1. 3. 2. 4. Date Signature of Proposer Title Corporate Name RFP—Public Opinion Research and Messaging Page 16 Close—Thursday,July 28 ATTACHMENT B CITY OF TIGARD, OREGON STATEMENT OF PROPOSAL Name of Consultant: Mailing Address: Contact Person: Telephone: Fax: Email: accepts all the terms and conditions contained in the City of Tigard's Request for Proposal for Mechanical/HVAC Preventative Maintenance and Inspection Services and the attached general services agreement (Attachment C): Signature of authorized representative Date Type or print name of authorized representative Telephone Number Type or print name of person(s) authorized to negotiate contracts Telephone Number REFERENCES Reference#1 Telephone Number Project Tide Contact Individual Reference#2 Telephone Number Project Title Contact Individual Reference #3 Telephone Number Project Title Contact Individual RFP—Public Opinion Research and Messaging Page 17 Close—Thursday,July 28 ATTACHMENT C RFP—Public Opinion Research and Messaging Page 18 Close—Thursday,July 28 AIS-2799 7• Business Meeting Meeting Date: 09/13/2016 Length (in minutes): 15 Minutes Agenda Title: Discussion of Upcoming Contracts Prepared For: Joseph Barrett Submitted By: Kelly Burgoyne, Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE A discussion of upcoming contracts before the Local Contract Review Board. STAFF RECOMMENDATION / ACTION REQUEST Staff is seeking the Local Contract Review Board's direction on any additional information or direction they would like to see in preparation of award decisions for the proposed contracts. KEY FACTS AND INFORMATION SUMMARY Citywide Collection Services The City has worked with collection agencies since 1996 to collect the City's delinquent accounts. Delinquent accounts include,but may not be limited to: •Municipal Court includes: Minor traffic cases,parking and environmental offenses. The Court will have already attempted collections through letters and suspension of driving privileges (where appropriate.) Accounts may have judgments entered up to two years prior. Account balances range from$50 up to $2,500. The estimated number of accounts the Court turns over to the collection agency is estimated at 300 accounts per year. •Utility Billing includes: Utility payments for Water,Sewer, Surface Water Management and Street Maintenance and Parks and Recreation Fee. Prior to Utility Billing turning any account over to a collection agency they have sent one or two bills and letters stating that the account is being turned over to an outside collection agency. The majority of the accounts that are turned over to a collection agency are for those people who no longer receive City services. The exception is the "Sewer Only" accounts. Utility Billing turns over accounts approximately once a quarter for an average of 150 accounts a year. The account balances range from$5-$2,000. •Risk Management includes: Damage to City property and infrastructure. Examples include fire hydrants,signs, signal lights, fences,vehicles and buildings. These are accounts that have not been paid by insurance,and may include cases arising from small claims court.Account balances range from$50 up to $7,500. The estimated number of accounts that Risk will turn over to a collections agency may be one per year. •Other types of delinquent accounts may be assigned to a collections agency as deemed to be in the best interest of the City. The City issued a Request for Proposals for Collections Services in the spring with proposals due on May 10, 2016. Proposals were received from five(5)collection agencies and they were evaluated and scored by a multi-divisional team. The firms and their ranking from the evaluation team are as follows: • Alliance One •Professional Credit Service •IC System *Western Collection Bureau •Fidelity Collection Service An evaluation team scored and ranked the firms and Professional Credit Service was selected as the top submitting firm. As such, they will receive a recommendation for contract award at a future Local Contract Review Board meeting. Staff asks that,in effort to conserve time on a future agenda, this award decision be placed on the consent agenda. The contract will be for an estimated $150,000 over the life of the contract for the services described above. janitorial Services In 1977, the Oregon legislature passed the"Products of Disabled Individuals"Act (ORS 279.835 to ORS 279.855.) This law obligates all state and local governments,school districts and other tax-supported political bodies in Oregon,to purchase goods and services from Qualified Rehabilitation Facilities (QRFs) when the products or a service meets their requirements.A QRF is a non-profit rehabilitation corporation that employs individuals with qualifying disabilities to provide products and services to public agencies. The Oregon Department of Administrative Services is responsible for qualifying each community rehabilitation program as a QRF. A QRF must employ individuals with qualifying disabilities for at least 75% of the hours of direct labor across the entire company. Each QRF's mission must include providing vocational services which enable employment opportunities for individuals with disabilities.A QRF's programs are registered and reviewed on a regular basis by various state and federal agencies such as the Oregon Department of Human Services (DHS), Oregon Department of Administrative Services (DAS) and the National Industries for the Severely Handicapped. Disabled people are referred to a QRF from the Vocational Rehabilitation or Mental Health Divisions of the Oregon Department of Human Services. Janitorial services is one services that is provided by a number of QRF vendors. As the city's existing contract for janitorial services has expired, staff entered into negotiations the city's current QRF vendor for janitorial services,Tualatin Valley Workshop,on new contract pricing. Staff chose to negotiate with Tualatin Valley Workshop due to their strong record of performance at the city's facilities and that their pricing is comparable among the QRFs as the state has final approval on the pricing. City staff and Tualatin Valley Workshop agreed upon the contract pricing. The next step,aside from Local Contract Review Board approval,will be to submit the pricing to the state for approval.Services that will be included in this contract are,but may not be limited to: •Trash and waste removal •Recyclable material removal •Glass cleaning •Restroom cleaning •Floor vacuuming and mopping •Dusting •Day Porter duties •Carpet and hardwood cleaning Services that will be included in this contract are,but may not be limited to: Staff and the contract have negotiated a first year cost of just over$205,000 for the janitorial services at all the City's facilities. Using a 3% estimated annual escalator,the total cost of the contract over a potential five years would be just under$1.1 million. All future years pricing shall be dependent upon the City's budget and state approval. Staff will bring the contract recommendation forward a future business meeting. Staff asks that,in an effort to conserve time on a future agenda,this award decision be placed on the consent agenda. Tiedeman Re-Alignment of Fanno Creek Trail The Fanno Creek Trail is a regional trail and the main north-south walking and cycling route through Tigard. Its effectiveness as a transportation facility is significantly reduced by the many gaps and substandard sections throughout Tigard. This project will resolve a substandard trail issue at SW Tiedeman Avenue. Currently the Fanno Trail comes to an abrupt end into the SW Tiedemann sidewalk. At this location, site lines of oncoming traffic are very difficult. Trail users have to find their way to a school crosswalk 500 feet to the south. There have been safety problems with bikes attempting to make the turn onto the sidewalk and falling into the street and with trail users trying to cross Tiedeman at this less than safe trail terminus. The project will re-align the Fanno Greenway Trail so that it crosses Tiedeman Avenue in order to align with the existing school crosswalk at Tiedeman Avenue. This location provides significantly greater visibility for both trail users and cars traveling along Tiedeman. The trail realignment will require a new pedestrian bridge over Fanno Creek and a new boardwalk section over sensitive habitat associated with the creek. The trail will also be widened to the full 10 foot width to meet desired standards for multi-use trails in the region and will meet all ADA requirements. Staff issued a Qualification-based Request for Proposal(QBS) for the design work on the project in June of this year. Proposals were due in early July and the City received six and they were evaluated and ranked by the evaluation team based on the criteria detailed in the QBS packet 1.OBEC 2.OTAK 3.KPFF 4.Wallis Engineering 5.Cardno 6.Froelich Engineer As OBEC was the top ranking firm,staff entered into negotiated with them on a contract price and final scope of work. The negotiated price agreed by both parties is $229,000. The scope includes: •Project management •Project surveying •Right-of-way and property line resolution •Topographic survey and base mapping •Environmental documentation and permits •Geotechnical investigation •Site restoration plans •Pathway design •Structure design •Hydraulic and stortnwater studies •Construction support This project is funded through a Metro Greenspace grant and there is $230,000 in the 2016-2017 budget for external expenses for this project. Staff with bring the contract recommendation forward a future business meeting. Staff asks that,in effort to conserve time on a future agenda,this award decision be placed on the consent agenda. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board will discuss these contracts. Fiscal Impact Cost: Budgeted (yes or no): Where budgeted?: Additional Fiscal Notes: See individual project descriptions for preliminary fiscal information. Attachments No file(s)attached AIS-2825 8. Business Meeting Meeting Date: 09/13/2016 Length (in minutes): 5 Minutes Agenda Title: Contract Award- Greenfield Drive and Ridgefield Lane Water Quality Facilities Repairs Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Finance and Information Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for the Greenfield Drive and Ridgefield Lane Water Quality Facilities Repairs project to Braun Construction in the amount of$193,575. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for the Greenfield Drive and Ridgefield Lane Water Quality Facilities Repairs project to Braun Construction in the amount of$193,575 and authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY Project Overview The water quality facilities at Greenfield Drive and Ridgefield Lane require reconstruction in order to meet current water quality requirements from Clean Water Services. The facilities were constructed in the early 2000s by private development and have since failed. The Greenfield Drive facility failure was due to runoff from the storm water outfall entering into a neighboring property and causing backyard flooding. The Ridgefield Lane facility failed due to stormwater draining towards an existing wall and causing the wall to fail. Both facilities currently have temporary pipes connected to the outfall which bypass the stormwater past the failures. With bypassing the stormwater runoff,water quality treatment is not occurring and the facilities fail to comply with current water quality standards. This project will repair the failure areas,provide an alternate layout to prevent future failures,and provide water quality treatment meeting current standards. The overall project construction budget is $300,000 as the project was originally designed with an alternate construction method. Contract Details An Invitation to Bid was issues for the construction work of this project in mid-July. Bids were due on August 2nd and the City received two bids: •Braun Construction - $193,575 • Pacific Excavation - $228,000 Staff has reviewed the submittals and found Braun Construction's to be the lowest responsible bid. Staff has verified that Braun is eligible for public contracts with BOLI and has no State Construction Contractors Board disciplinary actions against them. Therefore, staff recommends the water quality facilities repairs contract be awarded to Braun in the amount of$193,575. OTHER ALTERNATIVES The Local Contract Review Board may decline to award this contract and redirect staff to issue a new Invitation to Bid for the work. Doing so will prolong the City's non-compliance with current water quality standards. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION The Local Contract Review Board received a memorandum on this project in their August 11,2016 packet. Due to scheduling conflicts staff asked that this memo serve as the projects first pass with the Local Contract Review Board. Fiscal Impact Cost: $193,575 Budgeted (yes or no): Yes Where budgeted?: Stormwater Fund Additional Fiscal Notes: The total of the proposed contract is $193,575. The first-quarter supplemental for the FY 2016-2017 budget appropriates $93,000 for the Ridgefield Lane facility and$336,000 for the Greenfield Drive facility. These dollars are for both internal and external cost,including this proposed contract. Attachments No.files)attached. AIS-2778 9. Business Meeting Meeting Date: 09/13/2016 Length (in minutes):20 Minutes Agenda Title: City Priorities Discussion: Scoping a Local Option Levy and Facilities Bond Proposal Prepared For: Marty Wine, City Management Submitted By: Kelly Burgoyne,Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE What services and facilities should be a priority for investment as Tigard looks ahead to the possibility of asking voters for a local option levy and facilities bond measure at a future date? STAFF RECOMMENDATION / ACTION REQUEST Begin a discussion of what services and facilities might be included in a local option levy and facilities bond. Questions for discussion include: -Using the choices considered in the 2016-17 Budget,what does the City Council consider a priority for the next investment by the General Fund in services and facilities? -What would be useful for the Council to know from citizen surveys or focus groups about public priorities? -The Leadership Team's operating assumption is that both a local option levy and a bond for capital facilities would be placed before voters in November 2017, based on the need for considerable lead time for gathering information about the city's needs,providing information to the public,and building community awareness and support. What is the Council's consideration for timing for potential voter-approved measures? KEY FACTS AND INFORMATION SUMMARY In March 2015, ahead of the 2016-17 Budget, the City Council had a broad discussion of city priorities, namely: what were important investments that the city should be making in services and facilities for the future?The purpose of that discussion was for the Council to begin to understand the breadth of potential General Fund service investments and facilities needs going into the 2016-17 budget process. The choices in the 2016-17 budget process were largely focused on where investments of General Fund dollars should be made for the upcoming year(because there was $1,000,000 of General Fund that once supported Parks that could be invested in other General Fund needs).The budget message stressed the dangers of eroding the city's day-to-day city services if we continue on our current financial path and will be unable to keep up with city population growth and demand for services. The proposed budget highlighted the need to ask voters to supplement the City's low permanent property tax rate through a local option levy,and a capital bond measure to replace or repair the city's facilities. With the adoption of the 2016-17 Budget and the support of the Budget Committee and the City Council to seek a voter-approved local option levy and facilities bond at a future election, the work begins now to determine what should be requested of voters. In prior Council discussions, the Council has acknowledged that: -The structural imbalance in the General Fund (in which costs grow at least one-half of one percent faster than revenues) will require new resources -Investing in new or expanded programs and services will require new resources -All of what needs to be done in Tigard can't be accomplished in a single year -There may be limits to what,and how much,of a request to be made to voters - If voter approval is sought for a measure,it should be for something that the whole Council can advance supportively. Several efforts are now underway to begin to identify facilities and services that the Council will be discussing over the next year: -The City Council approved a contract for the Civic Center Visioning Project,and the Building Conditions Assessment,designed to identify which investments in facilities are needed and can be made on the existing Civic Center campus; -Work with a survey and research firm is proposed to gather input from Tigard residents and businesses about what services and facility investments they are aware of are needed,and would prioritize for an investment through a local option levy or capital bond for facilities. -Leadership Team discussions (Department Directors) have begun to identify the potential specific investments, timeline and key milestones needed to seek a levy and bond measure with voters,and also to begin to frame the choices about what General Fund services would be supported in a future levy.All of the General Fund budget "packages" that were considered but not funded in the current fiscal year represent future General Fund service needs to be considered for a local option levy. Scoping a local option levy will need to be better informed by some type of survey or research effort to collect the opinions of Tigard residents and businesses. - Consideration of a timeline,and key milestones to seek a voter-approved measure:when should the city ask? OTHER ALTERNATIVES COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Strategic Plan Goal 4- Fund the Vision while Maintaining Core Services DATES OF PREVIOUS COUNCIL CONSIDERATION The City Council had a preliminary discussion of this topic ahead of the 2016-17 Budget presentation on March 1,2016. Attachments No file(s)attached. AgendaQuick©2005-2016 Destiny Software Inc.,All Rights Reserved SUPPEE� � TPACKET CITY OF TIGARD, OREGON FOR TIGARD CITY COUNCIL (DATE OF MEETING) RESOLUTION NO. 16- MA) en 4k-- A RESOLUTION OPPOSING THE PASSAGE OF OREGON ( ) blLoinS WHEREAS, Measure 97 proposes a 2.5 percent gross receipts tax on C Corporations with total Oregon sales in excess of$25 million a year; and WHEREAS, the nonpartisan Legislative Revenue Office (LRO) has closely analyzed Measure 97 and estimated that it will generate more than$6 billion in new state tax revenues in each of the next three state budget cycles;and WHEREAS,LRO's analysis concluded that two-thirds of the increased corporate taxes will ultimately be paid by Oregon consumers in higher prices for items Oregonians buy every day, including food,medicine,gas and electric utilities,phones and medical care; NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: We believe that new state revenue measures are best developed, discussed, debated and enacted by the Oregon Legislative Assembly and not ballot measures drafted by special interest groups; and SECTION 2: We support improvements in state revenue to fund education and other priorities, but believe the economic consequences of Measure 97's passage would be too damaging to our cities, counties, and their residents; and SECTION 3: We oppose the passage of Measure 97. SECTION 4: This resolution is effective immediately upon passage. PASSED: This 13th day of September, 2016. Mayor- City of Tigard ATTEST: City Recorder—City of Tigard RESOLUTION NO. 16- Page 1