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City Council Packet - 12/06/2016
IN1 • City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL MEETING DATE AND TIME: December 6,2016 - 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (1'DD -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. NI • City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: December 6,2016 - 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 6:3(1 PM •STUDY SESSION A. RECEIVE BRIEFING ON AN INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE MAINTENANCE FOR SW BARROWS ROAD 6:30 p.m. estimated time •EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss employment of public officers, employees and agents under ORS 192.660 (2) (a).All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 6:40 p.m. estimated time 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council) These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. APPROVE CITY COUNCIL MINUTES: •November 15,2016 B. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH OREGON DEPARTMENT OF REVENUE TO COLLECT CITY OF TIGARD 3 PERCENT MARIJUANA TAX •ConsentAjenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council!City Center Development Agency has voted on those items which do not need discussion. 4. CONSIDER A RESOLUTION AMENDING AN INTERGOVERNMENTAL AGREEMENT WITH METRO FOR WESTSIDE TRAIL EASEMENT MAINTENANCE 7:35 p.m. estimated time 5. RECEIVE LEGISLATIVE REPORT FROM JOEL RUBIN,CFM 7:45 p.m. estimated time 6. DISCUSS THE CITY'S 2017 FEDERAL AND STATE LEGISLATIVE PRIORITIES 8:05 p.m. estimated time 7. CONSIDER AUTHORIZING A SECOND AMENDMENT TO THE LASICH PROPERTY PURCHASE AGREEMENT 8:15 p.m. estimated time 8. NON AGENDA ITEMS 9. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to review and evaluate,pursuant to standards,criteria,and policy directives adopted by the governing body, the employment-related performance of the city manager under ORS 192.660 (2) (i).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. 8:25 p.m. estimated time 10. ADJOURNMENT 9:10 p.m. estimated time City of Tigard I Tigard City Council Meeting Agenda T I GARD December 6, 2016 CITY COUNCIL STUDY SESSION - 6:30 p.m. A. RECEIVE BRIFING ON AN IN 1'ERGOVERNMENTAL AGREEMENT FOR COOPERATIVE MAINTENANCE FOR SW BARROWS ROAD 6:30 p.m. Public Works Director Rager will present this item. - B. EXECUTIVE SESSION: Per ORS 192.660(2)(a) Employment of public officers, employees and agents. 6:40 p.m. Senior Management Analyst Wyatt will introduce this discussion Administrative Items: 1. McGaarde "remnant" corner property—Tigard's preference 2. Goal Setting is at TVF&R headquarters; does council want a tour? Council Meeting Calendar December 6 Tuesday Council Business Meeting—6:30 p.m.,Town Hall 13* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 15 Thursday Council Goal Setting—4-7 p.m.,TVF&R boardroom, 11945 SW 70th,Tigard 20* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 27* Tucsday Council Bu3inc33 Mccting 6:30 p.m.,Town Hall Cancelled January 3 Tuesday Council Inauguration Meeting—6:30 p.m.,Town Hall 10* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 17* Tuesday Council Workshop Meeting—6:30 p.m.,Town Hall 24* Tuesday Council Business Meeting—6:30 p.m.,Town Hall 31 Tuesday Council Outreach Event—6:00 p.m.—8:00 p.m.,Max's backroom, 12562 Main Street,Tigard February 13* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 20* Tuesday Council Workshop Meeting- 6:30 p.m.,Town Hall 27* Tuesday Council Business Meeting-6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk(*). AIS-2897 A. Business Meeting Meeting Date: 12/06/2016 Length (in minutes): 10 Minutes Agenda Title: Receive briefing on an Intergovernmental Agreement for cooperative maintenance for SW Barrows Road Prepared For: Brian Rager Submitted By: Marissa Grass, Public Works Item Type: Update,Discussion,Direct Staff Meeting Type: Executive Session - Beg. of Mtg. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Briefing on an Intergovernmental Agreement (IGA) between the cities of Tigard and Beaverton covering cooperative maintenance for SW Barrows Road. STAFF RECOMMENDATION /ACTION REQUEST Receive briefing on cooperative maintenance for SW Barrows Road and direct staff to bring it forward at a future meeting for formal consideration. KEY FACTS AND INFORMATION SUMMARY Barrows Road,in large part,is shared between the cities of Beaverton and Tigard, except the portion that falls completely within the Progress Ridge development. For the last several years, the two cities have discussed formalizing a maintenance agreement for the portions of the roadway that are shared. Both cities desire to share the cost of annual maintenance of the roadway and eliminate duplication of efforts. The proposed IGA formalizes the current process. Beaverton will take the lead on performing the work, and Tigard will reimburse Beaverton for its share of the costs. This arrangement is preferred by the Public Works Directors in Beaverton and Tigard. Because Beaverton must maintain the section within Progress Ridge,it is most cost effective for Beaverton to perform the work. Informally, the two cities have operated in the manner laid out in the agreement for the last several years and are happy with the arrangement. We now wish to formalize the agreement. OTHER ALTERNATIVES N/A COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION Council has not been briefed previously on this agreement. Fiscal Impact Cost: $10,000 Budgeted (yes or no): Yes Where Budgeted (department/program): Street Operations Budget Additional Fiscal Notes: The cities estimate that annual maintenance costs will be less than$10,000 per year. There may be some years that exceed that amount, especially if repaving type work is needed. In that case,Tigard would likely budget the repaving work within the Pavement Maintenance Program (PMP) work plan and budget. Attachments No file(s)attached AGENDA ITEM NO. 2B - CITIZEN COMMUNICATION DATE: December 6, 2016 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name:_6S ive h 'hie-i4/N G't i qz i Also,please spell your name as it sounds,if it will (veva oP help the presiding officer pronounce: �uQ � �� P. U6.2 ,0 Fvi `id's, P44 kiL 14/PR-XS REF1_I e Address 'V /lWt 6 bu 7v City t©MMbv),A//V /4/i,1iL State Zip 0bo � . �'Av q‘/#1,,, y/b6 - tr/A c.K- year/ pY✓,vG 2Y4- Phone No.57/ g /V voI3 jAJ,- 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 1:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 161206.doc AIS-2931 3. A. Business Meeting Meeting Date: 12/06/2016 Length (in minutes):Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION / ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •November 15, 2016 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments November 15,2016 111 IN 1 TIGARD City of Tigard Tigard Workshop Meeting Minutes November 15, 2016 IR 1. WORKSHOP MEETING A. Council President Snider called the meeting to order at 6:31 p.m. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Mayor Cook 1 Councilor Goodhouse I Councilor Henderson ✓ Council President Snider I Councilor Woodard ✓ B. Council President Snider asked those attending to stand with him for the Pledge of Allegiance. D. Call to Council and Staff for Non Agenda Items—There was none. 2. JOINT MEETING WITH THE PARK AND RECREATION ADVISORY BOARD Parks and Facilities Manager Martin and Recreation Coordinator Anthony Markey presented the item. Members of the Parks and Recreation Advisory Board (PRAB) present included: David Brown, Vice Chair Claudia Ciobanu, Chair Holly Polivka, Scott Winkels,Wayne Gross,Linda Shaw, alternate Tim Pepper and TTSD representative Barry Albertson. PRAB Chair Polivka discussed a field report the Parks and Recreation Advisory Board received which compares park land and operations nationally. City Manager Wine said the council would be receiving the report in their Thursday mail. Ms. Polivka said that Tigard has more park land than the national average,but Tigard's operating expenses are well below the national average. She talked about the city needing more staff for maintaining park land and to be able to offer citizens more recreation programs. PRAB Member Pepper said they would like to see Tigard's parks and recreation program be closer to the state average. PRAB Member Gross said there are staff limitations to what they can do and he would like to see more full time staff added to parks and recreation. Council President Snider asked how many employees the city would need to be more in line with the national average. Mr. Pepper replied the city would need approximately twenty employees. TIGARD CITY COUNCIL MEETING MINUTES — November 15, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 5 Councilor Henderson asked how much money was needed to fill this staff level. Council President Snider said it could be upwards of a million with twenty full time employees. Parks and Facilities Manager Martin replied that the city is limited in getting maintenance done in the parks with the full time employees they have now. Staff is constantly adjusting their schedule to complete current maintenance. He said during the summer months they add ten seasonal employees which is equal to five full time employees. Council President Snider asked what the budget would look like if they added what was needed. Mr. Martin said that just adding additional personal and equipment needed,it could be$300,000 to $400,000. Council President Snider asked if this amount would get the parks department to twenty full time employees and Mr. Martin replied it wouldn't. City Manager Wine said the report on national park benchmarks and standards was just recently presented at the NRPA conference and the Parks and Recreation Advisory Board had just received a copy at their last meeting. She said it is difficult to address what the actual costs needed would be without doing a little more research,and thinks this would be better addressed during the upcoming budget cycle. Councilor Woodard asked if the city has a volunteer coordinator position that concentrates on getting people in the community involved in volunteering their time. Mr. Martin said the city does not,but that the parks department is currently working with the local Boy Scouts organization. Councilor Woodard asked if it would be helpful to put money into a volunteer coordinator position. Mr. Martin said the city used to have a part-time volunteer coordinator position that helped organize clean-up events and thinks having someone in this kind of position again would be helpful. PRAB Member Shaw discussed how many maintenance tasks could be given to someone who volunteered. Council President Snider made a request to have this item come back to the budget committee during the budget cycle for additional funding. City Manager Wine asked that dollar amounts be proposed during the budget cycle. PRAB Chair Polivka said the Parks and Recreation Advisory Board members are passionate for recreation and making Tigard a more livable place. She said Recreation Coordinator Anthony Markey has really brought the recreation program from the ground up and has already started activities scheduled for year two and three. She talked about the movies in the park,the upcoming egg hunt,how they hope to start concerts in the park and other summer programs scheduled for next year. She discussed the possibility of starting a pilot after-school program at Metzger school. Recreation Coordinator Markey went over a list of programs they are currently working on as well as new programs they are hoping to start. PRAB Chair Polivika asked about the possible bond levy for parks and recreation and the bond measure for the civic center. Council President Snider explained that council was still in the early stages determining what the bond measure might look like. City Manager Wine explained a study was currently being done on the civic center,and so far council had one briefing on the topic and said the goal is to have the group performing the study deliver options to council sometime in the Spring or Fall of 2017/2018. Once this work was done they would know more. Councilor Woodard said they know these are in front of them and staff is doing the best they can with what they have. He talked about still working within the original five-year plan,how they are building partnerships with schools and how they've learned a lot from the previous park levy that TIGARD CITY COUNCIL MEETING MINUTES — November 15, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 2 of 5 didn't pass. He said it needs to be a very specific process and they are doing all the right things. He commended the board members and staff for their efforts and invited the board members to attend the next budget meeting. Councilor Henderson said council depends on them and their expertise. PRAB Chair Polivika asked what the civic center study included and if it included parks and recreation. City Manager Wine explained the study includes current city facilities, senior center and a community center. PRAB Member Winkels talked about homelessness and the need to address the issue humanly and how it is something everyone needs to think about. He said there are significant homeless camps along the walking paths and that is creating a challenge. Councilor Woodard said the Tigard Police put notices up in camps and that council is currently talking about the issue. He said there are not enough resources for addressing the problem. Council President Snider said council needs to be thinking about the problems and solutions in their discussion during council goal setting. City Manager Wine said council's direction was to ask for a group of people to head up a task force that would then bring suggestions for solution to city council. Council President Snider said it would be a good idea to have a PRAB member participate on the task force. PRAB Chair Polivika asked if council had any other suggestions for the Parks and Recreation Advisory Board to focus on. Councilor Woodard suggested working with staff and bringing a specific plan to the budget meeting when they come, and to look for other activities like bicycle programs that could be incorporated into the parks and recreation program. PRAB Member Shaw said she enjoys having council's presence at their meetings and hopes someone on council continues to come to their meetings. She said council's guidance is needed and wanted. Council thanked the Parks and Recreation Advisory Board members for their efforts. 3. UPDATE ON LEGISLATIVE PROJECTS AND TENTATIVE TIMELINE Assistant Community Development Director McGuire presented this item. Mr. McGuire briefed council on the legislative work plan and timeline and provided descriptions for each of the three major legislative projects staff would be addressing over the next two years. The three legislative plans are: • The Tigard Triangle Implementation • Tigard Triangle Urban Renewal • Code Amendments to Title 18,Process and Procedures. TIGARD CITY COUNCIL MEETING MINUTES — November 15, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 5 He said the lean code would be coming before city council later in the summer,that the planning commission was currently working on the changes and then they would bring that to a group of external stakeholder to test before bringing forward to council. He talked about each phase of the code process. He talked briefly about the Omnibus Code and Marijuana Code changes. Councilor Henderson asked how they got to needing so many changes. Mr. McGuire replied that it has been many years since the last code update and that things throughout the community have changed over lime, and the city needs to be more in line with those changes. Councilor Woodard asked about the sensitive lands rewrite. Mr. McGuire said that one area they would be focusing on in the rewrite was going to be the wetland areas because there was a need to protect them. He said there would be a lot of focus relating to goal number two of the strategic plan;ensuring development advances the vision. Councilor Woodard asked about time and resources needed, and if the plan reflected resources available. Mr. McGuire responded that he matches the resources to the timelines and if something unforeseen comes up he adjusts the timeline. Mr.McGuire asked council if they had any other legislative issues or concerns that are not on the list they would like addressed. Council replied they didn't and that the list looks good. Mr. McGuire informed council which planners would be leading each of the legislative projects they were focusing on. Council President Snider asked if staff was moving in a way they are comfortable with. Mr. McGuire replied the director would like to see things move a little faster but there have been some limitations staff has encountered and that contracting out some pieces has added to the timeline. Councilor Woodard asked about the code update regarding agricultural land. Mr. McGuire replied this particular code was regarding chickens. Council President Snider said they weren't currently enforcing that area of the code. They discussed public improvement, street standards and connectivity. Councilor Woodard commended staff for doing a good job. 4. NON AGENDA ITEMS—There were none. 5. EXECUTIVE SESSION There was no executive session. 6. ADJOURNMENT At 7:28 p.m. Councilor Henderson motioned to adjourn the meeting and Councilor Woodard seconded. Motion was approved by unanimous vote of council. TIGARD CITY COUNCIL MEETING MINUTES — November 15, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 5 Name Yes No Mayor Cook (Absent) Councilor Goodhouse (Absent) Councilor Henderson V Council President Snider V Councilor Woodard V Kelly Burgoyne,Deputy City Recorder Attest: Jason Snider, Council President Date: TIGARD CITY COUNCIL MEETING MINUTES — November 15, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 5 of 5 AIS-2927 3. B. Business Meeting Meeting Date: 12/06/2016 Length (in minutes):Consent Item Agenda Title: Approval of IGA with Oregon Department of Revenue to collect City of Tigard 3% Marijuana Tax Submitted By: Toby LaFrance, Finance and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve Intergovernmental Agreement (IGA) with Oregon Department of Revenue (DOR) to collect the City of Tigard 3%Marijuana Tax and delegate authority to sign the IGA to City Manager STAFF RECOMMENDATION / ACTION REQUEST Approve IGA and delegate authority to sign to City Manager KEY FACTS AND INFORMATION SUMMARY On July 26, 2016,the Tigard City Council passed Ordinance 16-15 creating TMC Chapter 3.80 Marijuana Tax and referred it to the ballot. On November 8,2016,Tigard voters approved the ballot measure to collect a 3% tax on the sale of marijuana items by marijuana retailers in the City of Tigard. The Department of Revenue (DOR) is already collecting the state marijuana tax and has been working with cities to establish an IGA to collect local marijuana taxes on behalf of the cities. Under the IGA,DOR will remit the taxes collected on a quarterly basis. DOR estimates that their cost of collections will be approximately 4%of the total collections. While TMC 3.80 contemplates the city collecting the marijuana tax on its own, Section 3.80.075 Intergovernmental Agreement allows the city to enter into an IGA with the State of Oregon for collection of the Marijuana Tax. It is the opinion of staff that it will be more cost effective to have the DOR collect the tax on Tigard's behalf. The City Attorney has reviewed and approved the IGA. OTHER ALTERNATIVES Reject the IGA and have City of Tigard staff collect the Marijuana Tax. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION July 12,2016 - Consider Local Marijuana Tax July 26,2016 -Hearing to pass Ordinance 16-15 establishing TMC 3.80 Marijuana Tax I- Attachments Intergovernmental Agreement Ordinance No. 16-15 Authorizing a Tigard Marijuana Tax MARIJUANA TAX COLLECTION AGREEMENT This Marijuana Tax Collection Agreement("Agreement")is entered into between the State of Oregon,acting by and through its Department of Revenue (the"Department") and the City of Tigard("City"), under the authority of ORS 305.620. In consideration of the conditions and promises hereinafter contained, it is mutually agreed by the parties that the Department shall supervise and administer, according to the terms and conditions set forth in this Agreement,the Local Tax on sales of marijuana items by Marijuana Retailers authorized under ORS 475B.345 and approved by the voters of City. (1) Definitions. As used in this Agreement the following terms have the meanings ascribed to them: (a)"Confidential Information"means the information on Local Tax returns administered pursuant to ORS 305.620, any information in the reports required under Sections 8 and 9 of this Agreement from which information about a particular Local Taxpayer is discernable from the report due to a small number of Local Taxpayers in City or similar factors, and any other information exchanged between the Department and City related to this Agreement, that is confidential under ORS 314.835. (b)"Fees"means collectively the Administrative Services Fee,the Business Fee and the Core Systems Replacement Fee described in Section 5 of this Agreement. (c) "Local Government"means a city or county that has entered into a form of this agreement with the Department under the authority of ORS 305.620 for the Department to collect Local Taxes authorized under ORS 475B.345. (d) "Local Tax" or"Local Taxes"means the Marijuana Tax imposed by City, together with any additional interest or penalties provided for by statute or the Department's rules; it does not include any additional penalties or fees that City may assess against its Local Taxpayers. (e)"Local Taxpayer" means a licensed Marijuana Retailer located in the taxing jurisdiction of City. (f) "Marijuana Retailer"has the meaning given in ORS 475B.015. (g) "Marijuana Tax"means the tax imposed on sales of marijuana items by Marijuana Retailers pursuant to ORS 475B.345. (h) "Marijuana Taxpayer" means a licensed Marijuana Retailer that is subject to the Marijuana Tax imposed by a Local Government. (i)"Ordinance"means the ordinance adopted by the governing body of City and approved by the voters of City on 11/8/2016, a copy of which is attached hereto as Exhibit B and by this reference incorporated herein. (2) General Administration. The Department shall be responsible for all aspects of Local Tax administration, including, but not limited to, adopting administrative rules; auditing 7777588-v 1 Page 1 of 16 returns; assessing deficiencies and collecting the Local Tax and penalties and interest under applicable statutes, including but not limited to ORS 305.265, ORS 305.220, and ORS 314.400; making refunds; holding conferences with Local Taxpayers; handling appeals to the Oregon Tax Court; issuing warrants for the collection of unpaid taxes; determining the minimum amount of Local Tax economically collectible; and taking any other action necessary to administer and collect the Local Taxes. The Department has adopted rules addressing the requirements for paying taxes with currency and other matters related to the taxation of marijuana under ORS chapter 475B. City understands and agrees that such rules will be applied to Local Taxpayers. (3)Level of Service. In performing its duties,the Department may in its sole discretion determine what action shall be taken to enforce provisions of the law and to collect the Local Tax. In exercising its discretion,the Department shall provide a level of services that are comparable to the level of services it provides in the administration of the State of Oregon marijuana tax laws and the collection of such taxes owed to the State of Oregon. If the Department deems it necessary to vary substantially from this standard,the Department shall first notify City of the need and obtain City's consent. The Department shall provide all forms necessary for implementation of the Local Tax, including forms for Marijuana Tax returns, exemptions and refunds. (4)Transfer of Taxes to City. Beginning at the end of the first full quarter after execution of this Agreement, the Department shall remit to City the amount of Local Taxes collected in the preceding quarter less amounts withheld to pay the Department's Fees and other costs as described in this Agreement within 60 days of the return due date for the quarter. The Department shall notify City if,because of inability to move funds electronically or otherwise through the banking system, a force majeure event described in Section 26 of this Agreement or other exigent circumstance,the Department is unable to transfer the Local Tax collected to City as provided in this Section. In that event,the Department shall provide an estimate, if possible, of when it expects to be able to transfer the Local Taxes collected to City. The Department may enter into an agreement with another state government agency to fulfill the requirements of this Section 4,provided that said government agency can comply with the requirements of this section. (5) Costs. In order to recover its costs to collect and transfer the Local Tax as provided in this Agreement the Department shall be paid the following three fees: (a)"Administrative Services Fee": Pays for the establishment and maintenance of financial systems needed to administer and distribute Local Taxes. The fee shall be calculated annually as a percentage of the equivalent of 60 hours of work conducted for the Department of Revenue by the Department of Administrative Services, divided among the Local Governments in proportion to the number of Marijuana Taxpayers in each Local Government. (b) "Business Fee": Pays for the Local Tax administration activities set forth in this Agreement. The fee shall be calculated as a percentage of the Department's Business Division annual expenses for the administration of all marijuana taxes, with the total fee increasing in direct proportion to the number of Local Taxpayers. The total amount per Local Taxpayer billed 7777588-v1 Page 2 of 16 to City under the Business Fee shall not exceed 0.05 percent of the Department's Business Division expenses for the administration of all marijuana taxes; (c)"Core Systems Replacement fee": Charged only one time after execution of this Agreement and calculated as a flat fee per Local Taxpayer. The total Core Systems Replacement Fee shall not exceed two hundred dollars ($200.00)per Local Taxpayer in the first full quarter following execution of this Agreement. FOR EXAMPLE, in a hypothetical with the following assumptions: 250 Marijuana Taxpayers 50 Local Taxpayers in the City of Mainville 2 Local Taxpayers in the City of Middletown Business Division's Marijuana Expenses: $500,000 per year Hourly DAS rate: $99/hour The fees would be calculated as follows: Administrative Services Fee=($99/hour * 60 hours)/250 Marijuana Taxpayer= $23.76 per Local Taxpayer per year Business Fee= $500,000 in marijuana expenses per year * 0.05%= $250 per Local Taxpayer per year Core Systems Replacement Fee=$200 per Local Taxpayer, one time City of Mainville,year 1: ($23.76 Administrative Services Fee+$250 Business Fee+ $200 Core Systems Replacement Fee) * 50 Local Taxpayers= $23,688 in costs City of Mainville, subsequent years: ($23.76 Administrative Services Fee+ $250 Business Fee) * 50 Local Taxpayers= $13,688 in costs City of Middletown, year 1: ($23.76 Administrative Services Fee+ $250 Business Fee+ $200 Core Systems Replacement Fee) * 2 Local Taxpayers= $947.52 in costs City of Middletown, subsequent years: ($23.76 Administrative Services Fee+ $250 Business Fee) * 2 Local Taxpayers= $547.52 in costs (e)In addition to the Fees described above,the Department may withhold or invoice City for the Department's costs to administer extraordinary services not described in this Agreement related to the Local Tax; such extraordinary costs may include,without limitation,requests for audits from City that exceed the scope of the Department's normal audit procedures, requests for research or advice from the Department or the Oregon Department of Justice attorneys, or specially appointed counsel,regarding the Local Tax. 7777588-v1 Page 3 of 16 (f) If the Department determines that its costs cannot be covered by the maximum fees outlined in this Section 5,the Department will notify City of the amount by which the Department has determined the Fees must increase. If the Department and City do not agree upon a Fee increase and related amendment to this Agreement,then this Agreement may be terminated by either party in accordance with Section 16 of this Agreement. (g)The Department shall not collect more in fees than its costs to administer the Local Tax,per ORS 305.620(5). It is using the above formula in the interests of producing its best estimate of costs. (6)Withholding for Fees and Rebate. The Department shall withhold from the Local Taxes collected and each transfer to City an amount equal to four percent(4%)of the Local Taxes collected. In the first quarter of each calendar year the Department will reconcile the amounts withheld in the previous year with the total fees assessed, and provide such reconciliation in the Department's annual report described in Section 9 of this Agreement. If the amount withheld in a calendar year exceeds the amount of the Department's Fees,the Department will rebate the balance of the Local Taxes withheld to City by the end of the first quarter following the year of withholding. If the amount withheld does not cover the Department's Fees for the preceding year, the amount of the shortfall will be withhold from subsequent transfers of Local Taxes collected until the Department's Fees are fully paid, or in its discretion the Department may invoice City for the unpaid amount of the Department's Fees. (7) Recovery of Overpayments. If the amount of Local Taxes paid to City under this Agreement, exceed the amount to which City is entitled,the Department may, after notifying City in writing, withhold from later payments due City under this Agreement, such amounts, over such periods of time, as are necessary to recover the amount of the overpayment. (8)Department Quarterly Reports. Beginning with the first full calendar quarter after the execution of this Agreement and continuing each calendar quarter thereafter, within sixty (60) days after the due date for quarterly Local Tax returns,the Department shall provide City with a report indicating the amount of Local Taxes collected, any extraordinary costs assessed, the amount withheld under Section 6 of this Agreement and the cumulative amount of delinquent Local Taxes for each Marijuana Retailer in City's jurisdiction. The information in this report must be treated as potentially revealing Confidential Information, and shall be protected as described in Section 15. City should make all efforts to prevent Confidential Information from being released. The Department and City shall disclose any non-confidential information in a report when required to do so by law, including the Oregon Public Records Law, ORS 192.410 to 192.505. (9)Department Annual Reports. In the first calendar quarter of each year,the Department shall make a written annual report of the preceding calendar year to City showing the total amount of Local Taxes collected, refunds paid, the expenses of administering and collecting the Local Tax, and other pertinent information. The report shall show the total amount withheld by the Department under Section 6 of this Agreement, and shall show the Department's expenses by its Fee categories. In such report, the Department shall also make recommendations 7777588-v 1 Page 4 of 16 concerning changes in Local Tax Ordinances,procedures,policies, Local Tax administration and related matters, as the Department deems necessary and appropriate. The information in this report must be treated as potentially Confidential Information, and shall be protected as described in Section 15. City should make all efforts to prevent Confidential Information from being released. The Department and City shall disclose any non-confidential information in the report when required to do so by law, including the Oregon Public Records Law, ORS 192.410 to 192.505. (10) City Reports. Within sixty(60) days of the effective date of this Agreement, City shall provide the Department with a list of Local Taxpayers in its jurisdiction and a list of zip code areas that are within its jurisdiction for purposes of imposing the Local Tax. City shall provide an updated list of Local Taxpayers to the Department each calendar quarter thereafter. City shall review all reports and reconciliations provided by the Department and promptly notify the Department of any perceived errors or omission in such reports. (11) Records Maintenance and Access. Each party shall maintain its records relevant to this Agreement,the Local Taxes and Local Taxpayers for the period of time specified and in the manner required under the document retention and archiving requirements applicable to it that are established under ORS 192.005 to 192.170. Upon written request, each party may examine the records of the other party at a time and location that is convenient and without extra cost to the holder to the records; provided, however, any requests for records made in connection with litigation or other efforts to collect the Local Tax shall be immediately provided in the time and manner requested. (12) Ordinance and Notification of Changes. Contemporaneous with the execution of this Agreement, City shall provide a copy of the Ordinance to Department for incorporation into this Agreement as Exhibit B. In order to insure consistency in administration of the Local Tax, each party shall notify the other of any change in the Ordinance and any state or local regulations or rulings interpreting the Local Tax or the Ordinance, any changes in rates or changes in the City's boundary at least ninety (90)days prior to the effective change, unless it is not legally possible to provide ninety (90) days' notice or both parties mutually agree to effect such changes in less than ninety (90) days. Each party shall notify the other of any change in administration of the Local Tax under this Agreement. The parties shall cooperate in amending the Ordinance or in seeking amendments to ORS 475B.345 or ORS 305.620 which they deem necessary. (13)Information. The parties will cooperate in the exchange of information and making public announcements to facilitate effective administration of the Local Tax and maintain consistency in public announcements and information. Policy announcements, announcement of changes in the Ordinance, and all correspondence relating to public relations will be handled by City. The Department shall promptly notify City of any matter arising in the administration of the Marijuana Tax that would require any legislative change or affect City's policy, including any policy that relates to the amount of Local Tax collected. Nothing in this section shall prohibit the Department from conducting its own outreach activities to increase awareness and knowledge of local tax obligations. 7777588-v1 Page 5 of 16 (14)Limits and Conditions. To the extent limited by applicable provisions of Article XI of the Oregon Constitution or other governing law, and within the limits of the Oregon Tort Claims Act applicable respectively to the Department and City, each party shall indemnify the other for damage to life or property arising from their respective duties and obligations under this Agreement,provided neither party shall be required to indemnify the other for any such liability arising out of a party's own negligent or wrongful acts. (15) Confidentiality. (a) Confidential Information may be disclosed only to City as principal,by the Department as its agency, for purposes of carrying out the administration of the Local Tax imposed by City. Requests for Confidential Information shall be made by City by giving not less than ten(10)days' notice to the Department, stating the information desired,the purposes of the request, and the use to be made of such information. If the compilation of information is not feasible,the Department shall so advise City. (b) ORS 314.840(3)requires that employees and representatives of City who receive Confidential Information must be advised in writing of the provisions of ORS 314.835 and 314.991(3), relating to the penalties for unlawful disclosure. Prior to being given access to Confidential Information, all City employees involved in the performance of this Agreement must review the DOR Secrecy Clause and sign the DOR Secrecy Laws Certificate(substantially in the form of Exhibit A, attached hereto and by this reference incorporated herein)certifying the employee understands the confidentiality laws and the penalties for violating them. Annually thereafter, (on or before a date specified by the Department), or upon request by the Department, such City employees must review and sign the latest versions of the Secrecy Clause and the Secrecy Laws Certificate. All signed Secrecy Laws Certificates must be immediately emailed to both the designated Department Authorized Representative (indicated below) and the Department's Disclosure Office (disclosure.office@oregon.gov). When the employee terminates employment with City, City will forward the certificate to the Department's Disclosure Officer indicating the employee is no longer employed by City. A listing of every person authorized to request and receive Confidential Information identified in this Agreement will be sent to the following designated representative: John Galvin,Marijuana Tax Program Manager, marijuanatax.DOR@oregon.gov (c)Upon request and pursuant to the instructions of DOR, City shall return or destroy all copies of Confidential Information provided by DOR to City, and City shall certify in writing the return or destruction of all such Confidential Information. (d) The administrative rules implementing ORS 314.835 and ORS 314.840 as amended from time to time during the term of this Agreement, shall apply to this Agreement. (16)Term. The term of this Agreement shall be from the date it is executed by all parties and until it is terminated by operation of law or by either party at its discretion upon at least ninety (90) days prior written notice. Prior to the termination date specified in written notice provided under this section or Section 17 below, City and the Department will continue to 7777588-v1 Page 6 of 16 perform their respective duties and obligations of under this Agreement. After the termination date, the Department will cease all collection and other activities under this Agreement, unless prior to the termination date the Department and City agree in writing that the Department may continue actions that are pending before the Oregon Tax Court or the Oregon Supreme Court, or are being collected after judgment or stipulation. In addition, after the termination date the Department will continue to remit to City any Local Taxes received by the Department, after deduction of the Department's actual costs, until all matters pending on the date of termination have been resolved or collected. The Department will administer the Local Tax for City for each calendar quarter commencing after this Agreement is executed;provided, however, if this Agreement is fully executed on or before the 15th day of the calendar quarter, the Department will administer the Local Tax for the quarter in which this Agreement is executed. (17) Default and Remedies. A party shall be in default under this Agreement if it fails to perform any of its duties and obligations under this Agreement, and fails to cure such nonperformance within ninety (90) days after the other party provides written notice specifying the nature of the nonperformance. If the nonperforming party does not cure its nonperformance, or provide a satisfactory explanation to the other party of its performance under this Agreement, the other party may terminate this Agreement immediately or at a later date specified in written notice provided to the nonperforming party. In addition to termination of this Agreement, in the event of default by a nonperforming party,the other party may pursue any remedies available in law or equity, including an action for specific performance. (18)Notices. All notices, documents, and information shall be sent as follows: City of Tigard Oregon Department of Revenue Marijuana Tax Program PO Box 14630 Salem, OR 97309 (19)Amendments. The provisions of this Agreement shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by both parties. (20) Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties,their assigns, and successors. (21) Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. (22)Representations. Each party represents to the other that the making and performance of this Agreement: (a)have been duly authorized by its governing body or official, (b) does not and will not violate any provision of any applicable law,rule,regulation, or order of any court, regulatory commission, board or other administrative agency or any provision of any applicable local charter or other organizational document, and(c) do not and will not result in the 7777588-v1 Page 7 of 16 breach of, or constitute a default or require any consent under any other agreement or instrument to which the party is bound. (23) Governing Law, Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively "Claim")between the Department and City regarding the enforcement or interpretation of this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon. The parties understand and agree that any action brought to determine the amount of Local Tax owed by a Local Taxpayer, whether brought solely by the Department or in conjunction with City shall be brought solely in the Oregon Tax Court. (24)Nonappropriation. The obligation of each party to perform its duties under this Agreement is conditioned upon the party receiving funding, appropriations, limitation, allotment, or other expenditure authority sufficient to allow the party, in the exercise of its reasonable administrative discretion,to meet its obligations under this Agreement. Nothing in this Agreement may be construed as permitting any violation of Article XI, sections 7 or 10 of the Oregon Constitution or any other law limiting the activities, liabilities or monetary obligations of each party. (25) Survival. All rights and obligations of the parties under this Agreement will cease upon termination of the Agreement, other than the rights and obligations arising under Sections 14, 16 and 17, and those rights and obligations that by their express terms survive termination of this Agreement; provided, however,that termination of this Agreement will not prejudice any rights or obligations accruing to a party prior to termination. (26) Force Majeure. Neither party is responsible for any failure to perform or any delay in performance of an obligation under this Agreement caused by fire, civil unrest, labor unrest, natural causes, or war, which is beyond that party's reasonable control. Each party shall, however, make all reasonable efforts to remove or eliminate such cause of failure to perform or delay in performance and shall, upon the cessation of the cause, diligently pursue performance of its obligation under this Agreement. (27) Counterparts. This Agreement may be executed in counterparts, all of which when taken together shall constitute one agreement,notwithstanding that all parties are not signatories to the same counterpart. Each copy of this Agreement so executed constitutes an original. (28)Merger. This Agreement and any exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements or presentations, oral or written, not specified herein regarding this Agreement. Each party represents that this Agreement, when fully executed and delivered will constitute a legal, valid and binding obligation of the party in accordance with its terms, and that the person signing below is the authorized representative of the party with full power and authority to bind his/her principal to this Agreement. 7777588-v1 Page 8 of 16 Oregon Department of Revenue City: Name/Title: Name/Title: Signature: Signature: Date signed: Date signed: 7777588-v1 Page 9 of 16 EXHIBIT A DOR SECRECY CLAUSE and SECRECY LAWS CERTIFICATE This page intentionally left blank 7777588-v1 Page 10 of 16 °P R ET C 0 N DEPARTMENT SECRECY CLAUSE C----- imp. REVENUE Taxpayer information is confidential and protected by Oregon law.Only authorized persons may have access to taxpayer information,or to secure buildings where taxpayer information is handled.Oregon law requires that you sign a Secrecy Certificate before being allowed access to this confidential informa- tion or secure areas.By signing the certificate,you certify that you understand the confidentiality laws and the penalties for violating them. This applies to everyone with access to taxpayer information,including: • Department of Revenue employees • Employees of other government agencies • Vendors and contractors • Business partners Penalties for unauthorized disclosure of state tax information • Income tax"-Class C felony;up to$125,000 fine;up to five years imprisonment;dismissal from state employment;no public office for five years. [ORS 314.991(2)] • Inheritance tax—Class C felony;up to$125,000 fine;up to five years imprisonment;dismissal from state employment;no public office for five years. [ORS 118.990(3)] • Industrial property tax—Up to$10,000 fine;up to one year imprisonment. [ORS 308.990(5)] • Timber tax—Up to$5,000 fine;dismissal from state employment.(ORS 321.686) • Employment Department—May result in dismissal from state employment, or other discipline. [ORS 657.665(6)] • These provisions also apply to transient lodging tax(ORS 320.330),cigarette tax(ORS 323.403),tobacco products tax(ORS 323.595), emergency communications tax(ORS 403.230),oil and gas production tax(ORS 324.170),hazardous substances tax(ORS 453.4W), and petroleum products tax(ORS 465.124). Penalties for unauthorized disclosure of federal tax information • IRC Sect. 7213—Felony; up to$5,000 fine; imprisonment of up to five years; cost of prosecution, damages**. • IRC Sect.7213A—Up to$1,000 fine;imprisonment of up to one year;cost of prosecution,damages**. "" Damage's may include 51,000 per act,actual damages,punitiv•damages,cost of legal action,attorney fees.See Section 7431. ISO-8QO-033 five.2-11} Page 11 of 16 Instructions • Transient lodging tax ORS 320.330 • Cigarette tax ORS 323.403 Please read the following laws. They explain the types of . Tobacco products tax ORS 323.595 information that are confidential. If you have questions during your employment or performance of duties, ask • Emergency communications tax ORS 403.230 your supervisor or a Disclosure officer before accessing or • Oil and gas production tax ORS 324.170 disclosing information. • Hazardous substances tax ORS 453.410 After reading this information,fill out the last page and re- • Petroleum products tax ORS 465.124 turn it to the Department of Revenue.Keep the other pages for your records. Oregon Inheritance Tax Laws Oregon Income Tax Laws ORS 118.525 ORS 314.835 (1) It shall be unlawful for the Department of Revenue or any of its officers or employees to divulge or make known (1) Except as otherwise specifically provided in rules ad- in any manner any particulars disclosed in any return or opted under ORS 305.193 or in other law,it shall be unlawful supporting data required under this chapter. Except for for the Department of Revenue or any officer or employee of executors or beneficiaries and their authorized representa- the department to divulge or make known in any manner the fives,it shall be unlawful for any person or entity who has amount of income,expense,deduction,exclusion or creditor acquired information pursuant to subsections(3)and (4) any particulars set forth or disclosed in any report or return of this section to divulge or make known such information required in the administration of ORS 310.630 to 310.706, for any purpose other than that specified in the provisions required in the administration of any local tax pursuant to of law authorizing the use or disclosure. No subpoena or ORS 305.620,or required under a law imposing a tax upon or judicial order shall be issued compelling the department, measured by net income.It shall be unlawful for any person or its officers or employees,or persons described in subsec- or entity to whom information is disclosed or given by the tions(3)and(4)of this section,to divulge or make known department pursuant to ORS 314.840(2)or any other provi any particulars disclosed in any such return or supporting sion of state law to divulge or use such information for any purpose other than that specified in the provisions of law data except where the liability for inheritance taxes is to be authorizing the use or disclosure. No subpoena or judicial adjudicated by the Oregon Tax Court.Nothing in this sec- onder shall be issued compelling the department or any of its hon shall prohibit the publication of statistics so classified officers or employees,or any person who has acquired infor- mation to prevent the identification of particulars in any return pursuant to ORS 314.840(2)or any other provision of or supporting data covered by this section. state law to divulge or make known the amount of income, (2)As used in this section: expense,deduction,exclusion or credit or any particulars set forth or disclosed in any report or return except where the (a)"Officer,""employee"or"person"includes an autho- taxpayer's liability for income tax is to be adjudicated by the rized representative of the officer,employee or person, court from which such process issues. or former officer,employee or person,or an authorized (2)As used in this section: representative of such former officer,employee or person. (a)"Officer,""employee"or"person"includes an autho- (b) "Particulars" includes,but is not limited to,a tax- rized representative of the officer,employee or person,or Payer's name,address,telephone number,Social Security any former officer,employee or person,or an authorized number and the amount of refund claimed by or granted representative of such former officer,employee or person. to a taxpayer. (b) "Particulars" includes, but is not limited to,a tax- ORS 118.990 payer's name,address, telephone number,Social Secu- (3)Violation of ORS 118.525 is a Class C felony.If the offend- rity number,employer identification number or other er is an officer or employee of the state the offender shall be taxpayer identification number and the amount of refund dismissed from office and shall be incapable of holding any claimed by or granted to a taxpayer. public office in this state for a period of five years thereafter. ORS 314.991 (2)Violation of ORS 314.835 is a Class C felony.If the offender Oregon Property Tax Laws is an officer or employee of the state the offender shall be ORS 308.290 dismissed from office and shall be incapable of holding any public office in this state for a period of five years thereafter. (11)(a)All returns filed under the provisions of this section and ORS 308.525 and 308.810 are confidential records of the Applicability to other tax programs Department of Revenue or the county assessor's office in The above provisions of ORS 314,concerning the confiden- which the returns are filed or of the office to which the re- tiality of returns and penalties,also apply to: turns are forwarded under paragraph(b)of this subsection. i SO-800-033 A ev.2-t I1 2 7777588-v1 Page 12 of 16 ORS 308.413 or judicial order shall be issued compelling the department or any of its officers or employees,or any person who has (1)Any information furnished to the county assessor or to acquired information pursuant to ORS 321.684(2)or any the Department of Revenue under ORS 308.411 which is other provision of state law,to divulge or make known the obtained upon the condition that it be kept confidential shall be confidential records of the office in which the information amount of tax or any particulars set forth or disclosed in is kept,except as follows: any report or return except where the taxpayer's liability for timber tax is to be adjudicated by the court from which (a)All information furnished to the county assessor shall be such process issues. available to the department and all information furnished to the department shall be available to the county assessor. (2) As used in this section, "officer," "employee"or "per- (b)All information furnished to the county assessor or son" includes an authorized representative of the officer, department shall be available to any reviewing authority employee or person,or any former officer,employee or per- in any subsequent appeal. son,or an authorized representative of such former officer, employee or person. (c)The department may publish statistics based on the information furnished if the statistics are so classified as to ORS 321.686 prevent the identification of the particular industrial plant. Violation of ORS 321.682 is subject to a fine not exceeding (2)The Department of Revenue shall make rules governing $5,000 or,if committed by an officer or employee of the state, the confidentiality of information under this section. dismissal or removal from office or employment,or both fine and dismissal or removal from office or employment. (3)Each officer or employee of the Department of Revenue or the office of the county assessor to whom disclosure or ac- cess of the information made confidential under subsection Oregon Employment Department Laws (1)of this section is given,prior to beginning employment ORS 657.665 or the performance of duties involving such disclosure,shall be advised in writing of the provisions of this section and (4)The Employment Department maty: ... (i) Disclose in- ORS 308.990(5)relating to penalties for the violation of this formation to the Department of Revenue for the purpose section,and shall as a condition of employment or perfor- of performing its duties under ORS 293.250 or under the mance of duties execute a certificate for the department or revenue and tax laws of this state.The information disclosed the assessor in a form prescribed by the department,stating may include the names and addresses of employers and in substance that the person has read this section and ORS employees and payroll data of employers and employees. 308.990(5), that these sections have been explained to the The information disclosed is confidential and may not be person and that the person is aware of the penalties for vio- disclosed by the Department of Revenue in any manner that lation of this section. would identify an employing unit or employee except to the ORS 308.990 extent necessary to carry out the department's duties under ORS 293.250 or in auditing or reviewing any report or return (5)Subject to ORS 153.022,any willful violation of ORS required or permitted to be filed under the revenue and tax 308.413 or of any rules adopted under ORS 308.413 is pun- laws administered by the department.The Department of ishable,upon conviction,by a fine not exceeding$10,000, Revenue may not disclose any information received to any or by imprisonment in the county jail for not more than one private collection agency or for any other purpose. If the year,or by both. information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of Forestland Tax Laws disclosing the information shall be paid by the Department of Revenue. ORS 321.682 (6)Any person or any officer or employee of an entity to (1)Except as otherwise specifically provided by law,it shall whom information is disclosed by the Employment De- be unlawful for the Department of Revenue or any officer partment under this section who divulges or uses the in- or employee of the department to divulge or make known formation for any purpose other than that specified in the in any manner the amount of the tax or any particulars set provision of law or agreement authorizing the use or disclo- forth or disclosed in any report or return required to be filed • sure may be disqualified from performing any service under under ORS 321.045 or 321.741 or any appraisal data collected to make determinations of specially assessed value of forest- contract or disqualified from holding any appointment or land pursuant to ORS 321.201 to 321.222.It shall be unlawful employment with the state agency that engaged or em- for any person or entity to whom information is disclosed or ployed that person,officer or employee.The Employment given by the department pursuant to ORS 321.684(2)or any Department may immediately cancel or modify any infor- other provision of state law to divulge or use such inform- mation sharing agreement with an entity when a person or tion for any purpose other than that specified in the provi- an officer or employee of that entity discloses confidential sions of law authorizing the use or disclosure.No subpoena information,other than as specified in law or agreement. t50-roo-033¢isv.2-1 I) 3 7777588-v1 Page 13 of 16 SECRECY LAWS CERTIFICATE O R E G O N DEPARTMENT Required by ORS 314.840(3), ORS 118.525(6). IOF REVENUE ORS 308.413(3). ORS 321.684 I have read the laws prohibiting disclosure of confidential information for the tax programs below. The laws have been explained to me. I have been furnished with a copy of the laws. I understand Oregon's disclosure laws and the penalties for violating them. Income tax ORS 314.835;ORS 314.991(2) Inheritance tai ORS 118.525(1);ORS 118990(3) Industrial property tax ORS 308.290(11);ORS 308.413;ORS 308.990(5) Forestland tax ORS 321.682;ORS 321.686 Employment Department tax ORS 657.665(4)(i)and(6) Transient lodging tax ORS 320.330 Cigarette tax ORS 323.403 Tobacco products tax ORS 323.595 Emergency communications tax ORS 403.230 Oil and gas production tax ORS 324.170 Hazardous substances tax ORS 453.410 Petroleum products tax ORS465.124 Federal tax laws IRC Sections 7213,7213A,7431 VENDORS.CONTRACTORS.BUSINESS PARTNERS �RI�T.rcjr ful n 3-re e S less telepnone number Prnt I name of bus cess or organization for which you are acting in an official capacr, Adams of business or organization SSN(Collection agency emptiyees only) What is the nature o!your business? Duration of contract or visit Revenue contact Area where youll be working Signature Date X REVENUE EMPLOYEES PRINT your ful!name Date Signature X AGENCY USE In Complla-}se Not in Compliance 150-1100-033(Rev.2-ill 7777588-v1 Page 14 of 16 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16-if AN ORDINANCE ESTABLISHING A TAX ON THE SALE OF MARIJUANA ITEMS BY A MARIJUANA RETAILER IN THE CITY OF TIGARD WHEREAS, Section 34a of House Bill 3400 (2015) (codified at ORS 475B.345) provides that a city council may adopt an ordinance to be referred to the voters that imposes a tax on the sale of marijuana items by a marijuana retailer in the area subject to the jurisdiction of the city;and WHEREAS, the Tigard City Council wishes to exercise that power to tax the sale of marijuana items by a marijuana retailer in the City of Tigard at the maximum rate allowed by law,which is currently three percent. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code is amended by adding a new Chapter 3.80,Marijuana Tax, to read as attached in Exhibit A. SECTION 2: Severability. The sections, subsections,paragraphs and clauses of this ordinance or any intergovernmental agreement with any department or agency of the State of Oregon are severable.The invalidity of one section,subsection,paragraph, or dause shall not affect the validity of the remaining sections,subsections, paragraphs and clauses. SECTION 3: Savings. Notwithstanding any amendment/repeal,the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4: Intergovernmental Cooperation. After the effective date of this ordinance,the City may enter into an agreement whereby the State of Oregon is responsible for the administration, collection,distribution or enforcement of the tax authorized under this chapter,either in full or in part,without needing to obtain voter approval. SECTION 5: Tigard Municipal Code Chapter 3.70 is hereby repealed,as of the effective date of this ordinance. SECTION 6: This ordinance shall be referred to the electors of Tigard at the next statewide general election on Tuesday,November 8,2016. SECTION 7: This ordinance shall be effective upon certification by the County Elections official that it has received voter approval at an election conducted on November 8, 2016. Ordinance No. 16- LC Page 1 PASSED: By 1/P IlL) /'1 vote of all Council members present after being read by number and title only this 264-A- day of / 4�t ,2016. t9 '4kai Carol Krager, City Recorder APPROVED: Approved by Tigard City Council this 7Ga�day of t,,,Q, ,2016. 1.. , 14, ohn L. Cook, Mayor Approved as to fo City Att.vi ey Page 2-Ordinance No. 16- /5- marijuana retailer by or on behalf of a Chapter 3.80 MARIJUANA TAX consumer of the marijuana item. Sections: D. "Marijuana item"has the meaning given that term in ORS 475B.015(16). 3.80.010 Purpose 3.80.015 Definitions E. Person" means natural person, 3.80.020 Tax Imposed joint venture, joint stock company, 3.80.025 Amount and Payment, partnership, association,dub,company, Deductions corporation,business,trust,organization,or any 3.80.030 Marijuana Retailer group or combination acting as a unit,including Responsible for Payment the United States of America,the State of of Tax Oregon and any political subdivision thereof,or 3.80.035 Penalties and Interest the manager,lessee, agent, servant,officer or 3.80.040 Appeal employee of any of them. 3.80.045 Refunds 3.80.050 Actions to Collect F. Retail sale" or "Sale" means the 3.80.055 Violation exchange, gift or barter of a marijuana item by 3.80.060 Confidentiality any person to a consumer. 3.80.065 Audit of Books,Records, or Persons G. «Marijuana retailer" means any 3.80.070 Forms and Regulations person who is required to be licensed or 3.80.075 Intergovernmental registered or has been licensed or registered Agreement by the State of Oregon to provide marijuana items to consumers for money, credit,property 3.80.010 Purpose or other consideration. The purpose of this chapter is to impose H. "Tax" means either the tax payable a tax upon the retail sale of marijuana items by the marijuana retailer or the aggregate by marijuana retailers in the City of Tigard. amount of taxes due from a marijuana retailer during the period for which the marijuana 3.80.015 Definitions retailer is required to report collections under this chapter. As used in this ordinance,unless the 1. "Taxpayer"means any person context requires otherwise: obligated to account to the Director for taxes collected or to be collected,or from whom a A. "Consumer"means a person who tax is due,under the terms of this chapter. purchases, acquires, owns,holds or uses marijuana items other than for the purposes 3.80.020 Tax Imposed of resale. B. "Director" means the Director of A tax is hereby levied and shall be paid by Finance for the City of Tigard or his or her every marijuana retailer exercising the taxable designee. privilege of selling marijuana items as defined in this chapter. The Director is authorized to C. "Retail sale price"means the price paid exercise all supervisory and administrative for a marijuana item, excluding tax, to a powers with regard to the enforcement, collection,and administration of the tax. Exhibit A—Page 1 3.80.025 Amount and Payment, Deductions C. At the time the return is filed,the full amount of the tax collected shall be remitted to In addition to any fees or taxes otherwise the City. provided for by law,every marijuana retailer engaged in the sale of marijuana items in the D. Payments shall be applied in the order of City of Tigard shall pay a tax of three percent the oldest liability first,with the payment credited (3%) of the retail sale price paid to the first toward any accrued penalty,then to marijuana retailer of marijuana items, or the interest,then to the underlying tax until the maximum allowed by state law,whichever is payment is exhausted. Crediting of a payment greater. The tax shall be collected at the point toward a specific reporting period will be first of sale of a marijuana item by a marijuana applied against any accrued penalty,then to retailer at the time at which the retail sale interest,then to the underlying tax.If the occurs and remitted by each marijuana retailer Director,in his or her sole discretion,determines that engages in the retail sale of marijuana that an alternative order of payment application items. would be in the best interest of the City in a particular tax or factual situation,the Director 3.80.030 Marijuana Retailer Responsible may order such a change. The Director may for Payment of Tax establish shorter reporting periods for any marijuana retailer if the Director deems it A. Every marijuana retailer shall obtain a necessary in order to ensure collection of the business license from the City of Tigard tax.The Director also may require additional pursuant to TMC 5.04. The marijuana information in the return relevant to payment retailer will indicate on the business license of the liability. When a shorter return period is application whether the marijuana retailer is required,penalties and interest shall be licensed by or registered with the State of computed according to the shorter return Oregon to provide marijuana items to period. Returns and payments are due consumers for money,credit,property or immediately upon cessation of business for any other consideration. reason.All taxes collected by marijuana retailers pursuant to this chapter shall be held in trust B. Every marijuana retailer shall, on or for the account of the City until payment is before the last day of the month following the made to the City.A separate trust bank account end of each calendar quarter(in the months of is not required in order to comply with this April,July,October and January)make a return to provision. the Director,on forms provided by the City, specifying the total sales subject to this chapter E. Every marijuana retailer must keep and and the amount of tax collected under this preserve,in an accounting format established by chapter.The marijuana retailer may request,or the Director,records of all sales made by the the City may establish,shorter reporting periods marijuana retailer and such other books or for any marijuana retailer if the marijuana accounts as may be required by the Director for retailer or City deems it necessary in order to a period of three (3)years or until all taxes ensure collection of the tax and the City may associated with the sales have been paid, require further information in the return whichever is longer.The City shall have the relevant to payment of the tax.A return shall right to inspect all such records at all not be considered filed until it is actually reasonable times. received by the Director. Exhibit A—Page 2 3.80.035 Penalties and Interest modifying the determination.The findings of the hearings officer shall be final and A. Any marijuana retailer who fails to conclusive,and shall be served upon the remit any portion of any tax imposed by this appellant in the manner prescribed in Chapter chapter within the time required shall pay a 1.17.Any amount found to be due shall be penalty of ten percent (10%) of the amount immediately due and payable upon the service of the tax,in addition to the amount of the tax. of notice. B. If the City determines that the 3.80.045 Refunds nonpayment of any remittance due under this chapter is due to fraud,a penalty of twenty-five A. Whenever the amount of any tax, percent(25%)of the amount of the tax shall be interest or penalty has been overpaid or paid added thereto in addition to the penalties stated more than once, or has been erroneously in subparagraphs 1 and 3 of this section. collected or received by the City under this chapter,it may be refunded as provided in C. In addition to the penalties imposed,any subparagraph 2 of this section,provided a marijuana retailer who fails to remit any tax claim in writing, stating under penalty of imposed by this chapter shall pay interest at the perjury the specific grounds upon which the rate of one percent(1%)per month or fraction claim is founded,is filed with the Director thereof on the amount of the tax,exclusive of within one (1) year of the date of payment. penalties,from the date on which the remittance The claim shall be on forms furnished by the first became delinquent until paid. City. D. Penalties imposed,and such interest as B. The Director shall have twenty(20) accrues for violation of this chapter are separate calendar days from the date of receipt of a claim from,and in addition to,the tax imposed on the to review the claim and make a determination sale of marijuana items. in writing as to the validity of the claim. The Director shall notify the claimant in writing of E. All sums collected pursuant to the the Director's determination. Such notice shall penalty provisions in this section shall be be mailed to the address provided by claimant distributed to the City of Tigard General Fund on the claim form. In the event a claim is to offset the costs of auditing and enforcement determined by the Director to be a valid claim, of this tax. in a manner prescribed by the Director a 3.80.040 Appeal marijuana retailer may claim a refund, or take as credit against taxes collected and remitted, Any marijuana retailer aggrieved by any the amount overpaid,paid more than once or decision of the Director with respect to the erroneously collected or received.The amount of such tax,interest and penalties,if marijuana retailer shall notify Director of any,may appeal pursuant to the Appeals to claimant's choice no later than fifteen (15) Civil Infractions Hearings Officer in Chapter days following the date Director mailed the 1.17 of this code,except that the appeal shall determination.In the event claimant has not be filed within thirty (30) days of the serving or notified the Director of claimant's choice within mailing of the determination of tax due.The the fifteen (15) day period and the marijuana hearings officer shall hear and consider any retailer is still in business,a credit will be records and evidence presented bearing upon granted against the tax liability for the next the Director's determination of amount due, reporting period. If the marijuana retailer is no and make findings affirming,reversing or longer in business,a refund check will be mailed to claimant at the address provided in the claim Exhibit A—Page 3 form. other person to: 1. Fail or refuse to comply as required herein; C. No refund shall be paid under the provisions of this section unless the 2. Fail or refuse to furnish claimant established the right by written any return required to be records showing entitlement to such made; refund and the Director acknowledged the validity of the claim. 3. Fail or refuse to permit inspection of records; 3.80.050 Actions to Collect 4. Fail or refuse to furnish a Any tax required to be paid by any supplemental return or other marijuana retailer under the provisions of data required by the City; this chapter shall be deemed a debt owed by the marijuana retailer to the City.Any such 5. Render a false or tax collected by a marijuana retailer which fraudulent return or claim; or has not been paid to the City shall be 6. Fail,refuse or neglect to deemed a debt owed by the marijuana remit the tax to the city by the retailer to the City. Any person owing due date. money to the City under the provisions of this chapter shall be liable to an action B. Filing a false or fraudulent brought in the name of the City of Tigard return shall be considered a Class B for the recovery of such amount. In lieu of misdemeanor, subject to Chapter filing an action for the recovery,the City of 7.28.020 of this code,Unsworn Tigard,when taxes due are more than 30 Falsification. The remedies provided (thirty)days delinquent,can submit any by this section are not exclusive and outstanding tax to a collection agency. So shall not prevent the City from long as the City of Tigard has complied exercising any other remedy available with the provisions set forth in ORS under the law,nor shall the provisions 697.105,in the event the City turns over a of this ordinance prohibit or restrict delinquent tax account to a collection the City or other appropriate agency,it may add to the amount owing an prosecutor from pursuing criminal amount equal to the collection agency fees, charges under state law or City not to exceed the greater of fifty dollars ordinance. ($50.00)or fifty percent(50%) of the outstanding tax,penalties and interest owing. 3.80.060 Confidentiality 3.80.055 Violation Except as otherwise required by law, A. Violation of this chapter shall it shall be unlawful for the City,any constitute a Class 1 civil infraction which officer,employee or agent to divulge, shall be processed according to the release or make known in any manner procedures established in Chapter 1.16 of any financial information submitted or this code,Civil Infractions. It is a violation disclosed to the City under the terms of of this chapter for any marijuana retailer or this chapter. Nothing in this section shall Exhibit A—Page 4 prohibit that purpose, any books,papers, records, or memoranda,including copies of A. The disclosure of the names and marijuana retailer's state and federal income addresses of any person who is operating a tax return,bearing upon the matter of the licensed establishment from which marijuana retailer's tax return. All books, marijuana items are sold or provided;or invoices, accounts and other records shall be made available within the City limits B. The disclosure of general statistics in and be open at any time during regular a form which would not reveal an business hours for examination by the individual marijuana retailer's financial Director or an authorized agent of the information;or Director. C. The disclosure of information to any B. If the examinations or state agency related to the licensing or investigations disclose that any reports of registration of the marijuana retailer or when marijuana retailers filed with the Director required to carry out any part of this chapter. pursuant to the requirements herein have shown incorrectly the amount of tax D. Presentation of evidence to the accruing, the Director may make such court, or other tribunal having jurisdiction changes in subsequent reports and in the prosecution of any criminal or civil payments, or make such refunds, as may claim by the City or an appeal from the City be necessary to correct the errors for amount due the City under this chapter; disclosed by its examinations or or investigations. E. The disclosure of information when C. The marijuana retailer shall such disclosure of conditionally exempt reimburse the City for reasonable costs of information is ordered under public records the examination or investigation if the law procedures;or action disclosed that the marijuana F. The disclosure of records related to retailer paid 95 percent or less of the tax a business' failure to report and remit the owing for the period of the examination or investigation. In the event that such tax when the report or tax is in arrears for examination or investigation results in an over six(6)months or the tax exceeds five assessment by and an additional payment thousand dollars ($5,000).The City Council due to the City, such additional payment expressly finds and determines that the shall be subject to interest at the rate of 1 public interest in disclosure of such records percent per month, or the portion clearly outweighs the interest in thereof, from the date the original tax confidentiality under ORS 192.501(5). payment was due. 3.80.065 Audit of Books,Records, or Persons D. If any taxpayer refuses to voluntarily furnish any of the foregoing A. The City, for the purpose of information when requested,the City may determining the correctness of any tax immediately seek a subpoena from the return,or for the purpose of an estimate Tigard Municipal Court to require that the of taxes due, may examine or may cause taxpayer or a representative of the to be examined by an agent or taxpayer attend a hearing or produce any representative designated by the City for such books, accounts and records for examination. Exhibit A—Page 5 E Every marijuana retailer shall keep a record in such form as may be prescribed by the City of all sales of marijuana items. The records shall at all times during the business hours of the day be subject to inspection by the City or authorized officers or agents of the Director. F. Every marijuana retailer shall maintain and keep, for a period of three (3) years, or until all taxes associated with the sales have been paid,whichever is longer, all records of marijuana items. 3.80.070 Forms and Regulations The Director is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment and collection of said marijuana tax and in particular and without limiting the general language of this chapter, to provide for: A. A form of report on sales and purchases to be supplied to all vendors; and B. The records which marijuana retailers are to keep concerning the tax imposed by this chapter. 3.80.075 Intergovernmental Agreement The City Council may enter into an IGA with any department or agency of the State of Oregon whereby the State is responsible for the administration, collection, distribution, or enforcement of the tax authorized under this chapter, either in full or in part The terms of that agreement shall apply in lieu of and shall supersede conflicting provisions of this chapter but shall not be construed as repealing any provision of this chapter. Exhibit A —Page 6 AIS-2886 4. Business Meeting Meeting Date: 12/06/2016 Length (in minutes): 10 Minutes Agenda Title: Consider a Resolution Amending an Intergovernmental Agreement with Metro for Westside Trail Easement Maintenance Prepared For: Steve Martin Submitted By: Steve Martin, Public Works Item Type: Resolution Meeting Type: Council Business Meeting- Main Public Hearing No ' Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City of Tigard add a new trail easement to an existing agreement with Metro for Westside Trail easement management,maintenance and operation? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends council approve the resolution for the new trail easement. KEY FACTS AND INFORMATION SUMMARY The Westside Trail is a planned regional trail that runs from the Willamette River to Sherwood and directly supports Tigard's Strategic Plan to make Tigard the most walkable City in the Pacific Northwest. On December 8,2015 Tigard City Council approved an Intergovernmental Agreement (IGA)with Metro to accept the management and maintenance of a trail spur of the Westside Trail. Under the agreement, the trail from Mistletoe Drive to Sunrise Lane (also known as the Costiuc Property),will be managed,maintained and operated by the City of Tigard. It was recognized at the time this agreement was drafted that the same responsibilities and obligations with respect to the management,maintenance and operation should apply to future trail segments.As such, the agreement stated that Tigard City Council could accept other properties and easements along the Westside Trail without developing a new IGA. The proposed resolution (Attachment 1)will add an easement from the Pacific Crest Homeowners Association (HOA) to this existing IGA with Metro. The trail easement proposed for inclusion (described in Attachment 2)will allow the future Westside Trail to follow the preliminary route and access Nahcotta Drive. The Westside Trail in this section will be very steep, and it is anticipated that bicycles on the trail will access Nahcotta Drive to safely ascend and descend on this section of trail.Approval of this resolution will mean that when the trail is constructed in the future, the city will not need to acquire an easement on which to build the trail. OTHER ALTERNATIVES Council could choose to not approve the addition of this trail easement. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS The trail is identified in the Tigard Greenway Trails Master Plan,but was not included in that planning document,as it was part of a contracted region wide planning process already underway. DATES OF PREVIOUS CONSIDERATION Council approved an IGA with Metro on December 8,2015 that would allow Tigard to assume the management and maintenance of properties and easements for sections of the Westside Trail in Tigard. This easement is an addition as enabled in that IGA. Fiscal Impact Cost: none Budgeted (yes or no): n/a Where Budgeted (department/program): n/a Additional Fiscal Notes: There is no cost associated with accepting this easement. The city will incur maintenance costs in the future when the Westside Trail is constructed. Attachments Proposed Resolution:Westside Trail Easement Westside Trail Easement CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION TO ADD A NEW TRAIL EASEMENT TO AN EXISTING INTERGOVERNMENTAL AGREEMENT WITH METRO FOR WESTSIDE TRAIL EASEMENT MANAGEMENT,MAINTENANCE,AND OPERATION WHEREAS, Metro has negotiated an easement for a section of the Westside Trail with the Pacific Crest Homeowners Association;and WHEREAS,Tigard is willing to accept the easement for the future trail;and WHEREAS,Metro is willing to transfer the easement to Tigard;and WHEREAS, this is an accepted addition to an existing IGA with Metro covering Westside Trail easement management,maintenance,and operation, NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Tigard City Council will authorize acceptance of the easement, as an addition to the existing Intergovernmental Agreement. 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- Page 1 After recording return to: City of Tigard Parks and Recreation Department 13125 SW Hall Blvd. Tigard,OR 97223 TRAIL EASEMENT A. Pacific Crest Homeowners Association,an Oregon nonprofit corporation("Grantor")is the owner of the real property commonly known as Tract D of PACIFIC CREST,recorded in Plat Book 140,Page 34 in Washington County,Oregon,located,Township 2 South,Range I West, Section 5 of the Willamette Meridian, in the City of Tigard, County of Washington, State of Oregon(the"Easement Area"). B. The City of Tigard, an Oregon municipal government,("Holder")is a public body and government authority whose purpose, among other things,is to build,operate,and maintain recreational trails and pathways for the benefit of the public. Holder desires to build,operate,and maintain a recreational trail and pathway on the Easement Area along the Westside Trail. C. With approval of a majority of Grantor's Board of Directors,Grantor has authority to enter this agreement pursuant to ORS 94.665(4Xb)(B)and Section 3.5 of the Declarations of Covenants, Conditions, and Restrictions for Pacific Crest,as a grant or dedication of an easement in the common area to a public body or government authority. Grantor desires to grant to Holder,and Holder desires to accept from Grantor, an easement over the Easement Area for the purpose of allowing Holder to establish and maintain a public trail and pathway in accordance with the terms and conditions set forth below. AGREEMENT 1. Grant of Easement. For good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Grantor hereby grants to Holder a nonexclusive,perpetual easement in gross,on,over, across,and along the Easement Area. 2. Purposes. The purposes of this Trail Easement are to give Holder the right to(a)enter the Easement Area at any time to establish, install,construct,maintain,and repair a trail and pathway,which trail shall be up to ten(10)feet in width(the"Trail"),and(b)permit the public to access and use the Trail established, installed,and constructed by Holder for the sole purposes listed in Section 4 below. The Trail that Holder has the right to establish hereunder may be either a low-impact soft surface trail or an all-weather paved trail, or any combination or variant thereof, at Holder's discretion. 3. Construction,Repair,Maintenance. Holder may take all actions necessary to construct,maintain,and repair the Trail, including,without limitation,installing the following related surface and subsurface utilities and improvements(all of such improvements shall be considered part of the"Trail"as that term is used herein): (i)trail surfaces,foot bridges and associated trail structures,(ii)trail markers, signs,lights,benches, and other security enhancements,and(iii)any barriers, fences,and gates necessary to prevent motorized vehicular access. All such Trail improvements constructed by Holder shall be the property of Holder. Holder shall be responsible for obtaining all governmental permits for,construction of the Trail prior to commencing such construction and Grantor shall cooperate in good faith with Holder in obtaining any necessary construction and/or development permits. Holder shall be solely responsible for all repair and maintenance of the Trail;provided,however,that Grantor shall reimburse Holder for all sums expended by Holder to repair any damage to the Trail due to the negligence or abnormal use by Grantor or Grantor's directors,officers,managers,or other official representatives of Grantor. Grantor shall not be responsible for any damage to the Trail due to any acts by individual members of Grantor. Holder is solely responsible for all costs of repair and maintenance to the Trail and all improvements constructed in the Easement Area. 4. Permitted Trail Uses. Holder may permit the public to access the Trail for recreational and transportation purposes, including,without limitation,walking,running, cycling, skating, skiing,and horseback riding. Holder shall have the right, in its sole discretion,to restrict or limit public use of and access to the Trail. 5. Grantor's Use of Easement Area. Grantor shall retain the right to access,use, and enjoy the Easement Area for its purposes consistent with the rights granted herein. Grantor is prohibited, however,from engaging in any activity on,or use of,the Easement Area that(i)is inconsistent with the terms of this Trail Easement,(ii)materially interferes with or impairs the use of the Trail by Holder or the public,or (iii)hinders or interferes with future Trail construction or repair by Holder. Without limiting the generality of the forgoing,the following activities and uses by Grantor are expressly prohibited within the Easement Area: constructing improvements or structures,parking vehicles,or storing personal property;blocking, obstructing,or interfering with Holder's access; excluding any persons from using the Trail or taking any other action that prevents or interferes with public entry onto the Trail;cutting,trimming,pruning,or removing any vegetation;erecting any signs,billboards,or other advertising material;dumping or storing trash,rubbish, garbage,compost, or other material or substances;excavating,digging,mining,removing,or disturbing the topsoil, sand,gravel,rock,minerals,or other materials;damming,dredging,or undertaking any other activities that may be detrimental to water quality; and taking any action that damages fish or wildlife habitat,alters existing vegetation or drainage patterns,or results in erosion, siltation,or other forms of pollution. 6. Enforcement. In addition to any other remedies available at law or in equity,Holder may compel Grantor to make the Easement Area available for the purposes set forth above in Section 2 by exercising any one or more of the following remedies: (a)Holder may seek injunctive relief to specifically enforce the terms of this Trail Easement,to restrain present or future violations of this Trail Easement,or to compel restoration of the Trail destroyed or altered as a result of Grantor's violation of this Trail Easement; and (b)Holder may enter the Easement Area to remove any barrier obstructing Holder's ability to access the Easement Area or the Trail,and may take other self-help measures or actions necessary to protect and preserve the rights of Holder under this Trail Easement. 7. Hazardous Substances. Grantor has disclosed to Holder the results of any and all Phase I Environmental Assessments,Phase II Environmental Investigations, surveys, sampling,and testing regarding the Easement Area,and any information contained therein. It is understood and agreed that Holder,by accepting this grant of easement, is not accepting any liability for any release of Hazardous Substances,as that term is defined in ORS Chapter 465, on,to,or from the Easement Area,unless resulting directly from an intentional or negligent act of Holder or Holder's employees,agents,or contractors. 8. Taxes. Grantor shall pay when due all real property taxes, assessments,and other charges against the Easement Area. There shall be no right to contribution from Holder for such items. 9. Title. Grantor represents and warrants that Grantor owns the entire fee simple interest in the Easement Area,and has the full power and lawful authority to grant this Trail Easement. Grantor further represents and warrants that the Easement Area is not subject to any other liens and encumbrances except as otherwise set forth on the attached Exhibit A. 10. Liability and Indemnity. The parties to this Trail Easement acknowledge that,to the extent so provided in ORS 105.672 to ORS 105.696, both Grantor and Holder are immune from liability for injuries incurred on 2 the property by members of the public who access the Easement Area under authority of this Trail Easement. Without limiting the foregoing immunity, and as provided by the Oregon Tort Claims Act or other law, , Holder shall indemnify,defend, and hold harmless Grantor against all losses and litigation expenses resulting from property damage and/or personal injuries that occur or are alleged to occur as a result of Holder's use of the Easement Area or the installation or maintenance of the Trail,except to the extent caused by the negligent or wrongful acts or omissions of Grantor. 11. Entire Agreement;Further Cooperation.This Trail Easement is the fmal and complete agreement between the parties concerning the rights granted herein, and supersedes all prior understandings with respect to it,except the Donation Agreement entered into between Grantor and Holder,dated August 24,2016. This Trail Easement may not be modified or terminated,nor may any obligations under it be waived,except by written instrument signed by all parties to the Trail Easement. Each of the parties agrees to execute such other documents and to perform such other acts as may be reasonably necessary or desirable to further the expressed and intent purpose of this Trail Easement. 12. Covenants Running With the Land. The parties acknowledge and agree that the grant conferred by this Trail Easement is intended to,and does,constitute an encumbrance that runs with the Easement Area and inures to the benefit of and is binding upon the parties and their respective grantees,heirs, successors,and assigns. Without limiting the forgoing,Grantor acknowledges that Holder's rights under this Trail Easement are assignable and that Grantor hereby consents to Holder's assignment of all of its right,title,and interest and its delegation of all of its obligations created under this Trail Easement. Upon any such assignment, Holder shall be forever released and discharged from any and all claims and damages that Grantor may have as a result of any thing done or occurring after the date of such assignment. IN WITNESS WHEREOF,the parties have executed this Trail Easement effective as of 2016. THE CITY OF TIGARD PACIFIC CREST HOMEOWNERS ASSOCIATION By: Name: Marty Wine By: Title: City Manager Name: Brian Doyle Title: President Address for notice purposes: City of Tigard By: Parks and Recreation Department 13125 SW Hall Blvd. Name: Estelle Mazurkiewicz Tigard,OR 97223 Title: Secretary Address for notice purposes: Pacific Crest Homeowners Association do Estelle Mazurkiewicz 13815 SW Sandridge Drive Tigard, OR 97223 3 State of OREGON County of Washington This instrument was acknowledged before me on ,2016, by Marty Wine as the City Manager of the City of Tigard, an Oregon municipal government. Notary Public- State of Oregon State of OREGON County of Washington This instrument was acknowledged before me on ,2016,by Brian Doyle as the President of the Pacific Crest Homeowners Association, an Oregon nonprofit corporation. Notary Public-State of Oregon State of OREGON County of Washington This instrument was acknowledged before me on ,2016, by Estelle Mazurkiewicz as the Secretary of the Pacific Crest Homeowners Association, an Oregon nonprofit corporation. Notary Public- State of Oregon 4 EXHIBIT A Permitted Liens and Encumbrances 1. Easement, including terms and provisions contained therein: Recording Information: February 28, 1962 in Book 458,Page 0211 as Fee No. 62010789 In Favor of: Southern Pacific Pipe Lines,Inc. For: Pipe lines 2. Easement, including terms and provisions contained therein: Recording Information: April 18, 1962 in Book 461,Page 0273 as Fee No. 62002429 In Favor of: The United States of America,representing by the Bonneville Power Administration For: Tree Danger 3. Covenants,conditions, restrictions and easements in the document recorded March 22, 2002 as Fee No. 2002 033416 of Official Records,but deleting any covenant,condition or restriction indicating a preference, limitation or discrimination based on race,color,religion, sex,handicap,familial status,national origin, sexual orientation,marital status,ancestry, source of income or disability,to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c),of the United States Codes.Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. The terms and provisions contained in the document entitled"Statement of Association Information for Pacific Crest Homeowners Association(pursuant to ORS 94.667)" recorded February 18,2003 as Fee No.2003 023644 of Official Records. Document(s)declaring modifications thereof recorded April 13,2004 as Fee No. 2004 038916 of Official Records. 4. Restrictions shown on the recorded plat of Pacific Crest. 5. Restrictions shown on the recorded plat/partition as follows: "Tract D is open space tract and shall be owned and maintained by the Declarant,their successors or assigns,and are subject to a conservation easement over their entireties in favor of the City of Tigard." 6. Easements for conservation purposes as shown on the recorded plat of Pacific Crest. 7. Provisions of the Articles of Incorporation and By-Laws of the Pacific Crest Homeowners Association, a nonprofit corporation organized and existing under the laws of the State of Oregon,and any tax,fee,assessments or charges as may be levied by said association. 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N 0 .4 #0 - ..... -„, . / -4.. // • in liii ill 1 .1 if • d , 1 - /. , VI," Sunrise * / / - i 1144%. •-•'''' Park i i r / . 4 -D R BI 1 NI tp i 14-.,t, , 4141 ‘4F II SUPPLEMENTAL PACKET -,1 , - 1 --J 6- - ---.6.S.U.Ni ...1 „I ___I • FOR Dee- 6 . .ci/C , • ',--- po\ ' / A eli da_ /le en Afo- 1•K I / - --- „I Fe et 334 -7"1° ---t- ---/— ....4 . ilokdgi• _ae&-C3-4 9224j,• 5g1,63 9_4171.. v • $., ViekOn • - . n ei4.-. '1:13'.::4. 2 ••wwW.Itigiti-niVv AIS-2887 5. Business Meeting Meeting Date: 12/06/2016 Length (in minutes):20 Minutes Agenda Title: Receive Legislative Report from Joel Rubin, CFM Prepared For: Kent Wyatt,City Management Submitted By: Kent Wyatt, City Management Item Type: Receive and File Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Receive legislative report from Joel Rubin, CFM Strategic Communications STAFF RECOMMENDATION / ACTION REQUEST Receive and discuss. KEY FACTS AND INFORMATION SUMMARY In October, the City of Tigard elected to continue contracting with CFM Strategic Communications through 2021. CFM will provide federal governmental affairs consulting and lobbying services. As part of the contract, CFM will provide an annual update to the City Council. Joel Rubin, the city's lobbyist from CFM,will present the annual update at this meeting. He will update council on policy issues,grants and projects supported by the city. The city council will be asked to consider a number of items for inclusion on the City's 2017 Federal Legislative Agenda. In addition, the city council is encouraged to suggest other federal issues that they feel are important to the city. As a reminder, the city received two federal grants in 2016: •Awarded$2 million to help build the infrastructure for the Hunziker Project; and •Received$400,000 to begin brownfield clean up on two lots on Main Street. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments 2016 Federal Legislative Agenda . '4 :'; Citi of Tigard,Oregon r ` _jir ;� ,,,, , 2016 a Federal Le,. islativeenda A;w, g g '9 1' ' ` i+<< ?6 jPortland l 1` .. ' . r 1 fie; YA ... T f 1 mss., -- 4 1< u,E. _ r ..... `,.. _ e_ ,,,....4, ____ iii _ii . ,,,,, Beaverton = _ .-_. 13 TIGARD, OREGON. Bordering the city .. : a``" * , ; 1 of Portland,Tigard is Oregon's 12th largest city with n ,r" - . •• a population of 50,044.The city is largely residential Tigard 4 , and offers a mix of industrial,commercial and c:5 Lake " • retail space which results in a daytime population .T- Oswego around 100,000.Because of the demand placed on „? - ., x its transportation,water and public safety resources, 9„ Tigard faces big-city infrastructure issues. Tualatin -"` • r., .?e e' •y . - Tigard is ideally located to meet regional 1-205 '. a 114 employment demand.The region's workforce lives f- �_ here.What's lacking,however,is infrastructure that % z r , �� supports business expansion here. �' � Late in 2014,the City Council adopted a strategic e / For more information... _, _ . _ plan to become "the most walkable community in the More information about these projects and Tigard's - - Pacific Northwest where people of all ages and abilities vision for the future can be found on our website at ,, s www.tigard-or.gov. Please don't hesitate to contact us - . enjoy healthy and interconnected lives."This 20-year for additional information. _ strategic vision,along with four strategic goals,will Mayor John L.Cook, 503-718-2476, provide guidance and direction for the city's priorities • over the long term by leveraging and building on our mayorcook@tigard-or.gov D City Manager Marty Wine, 503-718-2486, strengths to grow Tigard as a thriving community. . . marty@tigard-or.gov Tigard continues to work with its regional _ r ,,4 aGe^,sue partners toward creative solutions that address D Senior Management Analyst Kent Wyatt, ',; . 503-718-2809, kentw@tigard-or.gov - : mg- infrastructure and service delivery challenges.We are a committed to responsible stewardship of public funds - i- a. ; " k u ,y it '-ur and to making sound fiscal decisions that will guide City of Tigard :N. ,1;t' us to a sustainable future. ' 13125 SW Hall Blvd.,Tigard,OR 97223 ,�., _.. _------- TIGARD WWwtigard-or.gov POLICY ITEMS Hunziker industrial Core Police Equipment Funding The City of Tigard is investing in public infrastructure that The City strongly supports funding for additional police encourages private sector investment and job creation. ' " equipment.There are very few funding options at the Tigard's Hunziker Industrial Core includes 138 acres of federal level to help police departments purchase industrial zoned property, home to more than 90 firms • equipment despite the fact that federal mandates located three-quarters of a mile from Highway 217 and I continue to require costly upgrades. Interstate 5. In this employment area,96 acres are underutilized and 11 .,*5r - .- a FY 2017 Program Levels 42 acres are undeveloped and limited in their economic t ", Maintain adequate funding levels for the Economic potential due to a lack of site access and sufficient public - Development Administration(EDA),EPA Brownfields infrastructure.The City of Tigard is exploring public Assessment and Cleanup,Community Development Block infrastructure projects and funding sources to add or Downtown Tigard Brownfield Cleanup Grants(CDBG),the HOME Program,TIGER,Byrne Justice improve roads,water,wastewater and stormwater Tigard is seeking funds to clean up three downtown Assistance Programs,and Assistance to Firefighters funding. services in this area. properties for productive reuse. For several years,the City of Tigard and community members have envisioned Protect Municipal Bonds The first proposed public infrastructure project includes a more vibrant and prosperous downtown and have The City strongly supports protecting tax exempt $5.5 million of roadway,water,sewer and stormwater developed detailed improvement plans. Progress has municipal bonds from being eliminated or limited.Since that will support an estimated$32 million in private been made on implementing these plans with several 1913, interest earned from municipal bonds issued by sector investment. In 2015,the city received$1.5 million projects completed. state and local governments have been exempt from for a capital project in public infrastructure. Development of employment lands like this typically supports 150 to A major challenge to redevelopment, however, has been federal taxation.These bonds are the primary financing the need to assess and clean upsome downtown mechanism for state and local infrastructure projects, 300 jobs depending upon private sector investment. with three-quarters of the infrastructure projects in the properties for potential environmental issues. U.S.built bystate and local governments,and with over REQUEST AMOUNT:$3,000,000 Approximately sixty properties in this area have been $3.7 trillion in outstanding tax-exempt bonds, issued by identified as contaminated,or potentially contaminated, 30,000 separate government units. Local governments from previous uses; these are known as potential save an average of 25-30%on interest costs with _ brownfield properties.Tigard supports the cleanup and tax-exempt municipal bonds as compared to taxable - t -f"--- � revitalization of these properties,and has utilized EPA bonds. If the federal income tax exemption is eliminated Pr - Brownfield Assessment funds to prepare properties for or limited,states and localities will pay more to finance _ •-°" cleanup and ultimate reuse. projects,leading to less infrastructure investment,fewer + REQUEST AMOUNT:$400,000 jobs,and greater burdens on citizens who will have to pay higher taxes and fees. Tigard Street Heritage Trail Support for Homeless Assistance Grants Formerly a rail line,this three-quarter-mile trail connects j,� The city is collaborating with Just Compassion to address downtown Tigard to Tiedeman Avenue.The city recently the lack of homelessness resources in Tigard.Just paved a temporary trail for biking,walking and rolling. . 411pipt 41!. Compassion,a registered nonprofit in Oregon, is committed A concept for the permanent Tigard Street Heritage Trail to establishing a day shelter for homeless adults in Tigard. is in the works.The project will place lighting,art, plazas j `' l - The day shelter will provide resource information for mental •a.� ""'"��� and other amenities along the trail. and physical health,as well as assistance in overcoming .►vim' barriers to employment,job and housing stability. REQUEST AMOUNT:$1,000,000 CITY OF TIGARD Respect and Care 1 Do the Right Thing 1 Get it Done 711 , a I II;ARU SUPPLEMENTAL PACKET FOR 0- 'e- . 6. dO! t (DATE OF MEETING) A jendet Item P.16.s .±-7-' . . iii Federal Affairs Update cfm strategic communications,inc. (_ 11 Y 0 F 1 I G .\ R 1) Introduction / Project and Policy Successes I / 2017 Draft Federal Agenda -. +) 1 i r sit- ' 2016 Year in Review / Election Results / Preview Next Congress (' T "I OF TIC RD Grant and Policy Success Grant Success Tigard Farmers Market Promotion $80,000 Downtown Tigard Brownfields Assessment $400,000 Downtown Tigard Brownfields Cleanup $400,000 (2016) Hunziker Industrial Park $2,083,000 (2016) �� 1 � � 1 # I ! I ; ! ± I ! il ! � flIIIt1! Brownfields Initiative Program Successes—2016 Community Development Block Grant Maintained at$3b Economic Development Administration Maintained at$240m Byrne (Police Equipment) Formula Funds $384m in Senate/$476m in House TIGER—Transportation Grants $525m in Senate/$100m in House CITY OF 1' I G 1 RD CFM's Comprehensive Service ✓ Specific and Broad Funding Advocacy ✓ Track, Monitor and Summarize legislation important to Tigard ✓ Relationships with key White House,DOT, DOJ,EPA, USDA, DOH, �s EDA,DOE, ODOT -A rEs ✓ Grant Research,Notification,Advocacy and F:\11.ow Up �5 i c ✓ Regular Federal Updates �)s ;'Ja`ZEO STgT�s yJ USDA !!F .�i 3F2T oT° National league of Cities 4l PHOt6iitTAhtiO+P • 2017 Draft Federal Agenda Grant Projects Amount Tigard Heritage Trail $1 million Farmers Market Expansion Program $100,000 Homelessness Assistance Grants—Just Compassion $250,000 Projects Supported by Tigard SW Corridor Project Policy Initiatives = Protect CDBG, EDA,TIGER and Byrne Funding s FEMA Flood Mapping Regulations Police Equipment Funding '-- Municipal Bonds Avoid Burdensome Regulations and Unfunded Mandates CITY OF TIC ARD 2016 Review Legislation Completed Legislation Stalled ✓ MilCon/VA Appropriations ✓ Supreme Court Nominee ✓ House/Senate Appropriations ✓ Energy Bill Committee ✓ 11 Appropriations Bills ✓ Zika Funding ✓ Criminal Justice Reform ✓ Opioid Prevention (small down • TPP Trade Bill payment) ✓ FAA Extension C I T 0 T \ R I Election Results WASHINGTON, DC OREGON Republican Sweep Senator Wyden 57 - 33 Donald Trump 306 to 193 Rep. Bonamici 59 - 37 House of Representatives 238-193 Senate 51-48 Of Note Wyden—Lead Democrat on Finance Of Note Merkley—Increase Seniority on Appropriations Historic Election Bonamici—Education and Science Clinton Wins Popular Vote Independent Trump • CITY OF TIGARD 2017 Legislative Preview Off to the Races • Obama Care Repealed and Replaced • ISIS, Iran Deal, NATO • Build a Wall • Renegotiate Trade Deals • Suspend Immigration • Regulatory Reform— 1 new, 2 • Supreme Court Nomination eliminate • Investment Package ($1 trillion) • Financial Reform • Corporate Tax Reform • Target Education, EPA and Energy • Tax Cuts • Increase Defense and Cyber Other Items Capabilities • Sequestration • Debt Limit • Earmarks? C I T V () F T I C R Questions? a • 4cP' - - - dr 1 Alp UM • r 81.111.1r' lingft ea waft AIS-2893 6. Business Meeting Meeting Date: 12/06/2016 Length (in minutes): 10 Minutes Agenda Title: Discuss the City's 2017 Federal and State Legislative Priorities Prepared For: Kent Wyatt Submitted By: Kent Wyatt, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Discuss federal and state legislative priorities for 2017. STAFF RECOMMENDATION /ACTION REQUEST Review potential legislative priorities and suggest additional items if needed. KEY FACTS AND INFORMATION SUMMARY The city council develops a federal and state legislative agenda each year. (A copy of the 2016 federal and state legislative agenda is included with this agenda item.) The council and staff will use the legislative agendas to communicate with elected officials and agencies during trips to Salem and Washington, DC. In June, the council discussed 29 legislative objectives proposed by the League of Oregon Cities for the 2017 state legislative session. Property tax, transportation,PERS reform, affordable housing, and mental health were areas of importance identified by the council. These five areas of interest, along with other issues identified by staff,regional partners,and professional associations, are included in the list of potential legislative objectives for the city's 2017 state legislative agenda. The city's 2017 Federal Legislative Agenda will be discussed during a presentation from Joel Rubin, the city's lobbying from CFM Strategic Communications. OTHER ALTERNATIVES Elect to not set legislative priorities. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS N/ \ DATES OF PREVIOUS CONSIDERATION June 28,2016: Reviewed the League of Oregon Cities' (LOC) proposed state legislative priorities and submitted their top four priorities being considered by the LOC. Attachments 2016 State Legislative Agenda 2016 Federal Legislative Agenda Potential Issues for 2017 State Legislative Agenda Oregon's 2016 Regular Legislative Session: February 2— March 5 r ,'{'Isar . . c s ‘‘ .. , 0 . ,.. . IIIII rR' I } • +E. Sen.Ginny Burdick Rep.Margaret Doherty l In : `• SENATE DISTRICT 18 HOUSE DISTRICT 35 — ^ 900 Court St.NE,S-213 900 Court St.NE,H-282 "She flies with her own wings."-Judge Jessie Quinn Thornton Salem,OR 97301 Salem,OR 97301 sen.ginnyburdick@ rep.margaretdoherty@ state.or.us state.or.us Oregon uses a system of single-member districts to elect its legislators.Each of the 90 members represent a designated 2016 senatorial or representative district, meaning each Legislative Agenda and ale representative.Representative districts have a population of about 63,850;Senate districts contain about 127,700 people.These district lines are redrawn every ten years. Tigard, Oregon Tigard City Council 111 a Mayor Council President John Cook Jason Snider FIIi.i Councilor Councilor Councilor Marland Henderson Marc Woodard John Goodhouse councilmail@tigard-or.gov li li City of Tigard 13125 SW Hall Blvd.,Tigard,0R 97223 TIGARD www.tigard-or.gov Affordable Housing Transportation • Support opportunities to meet the • Support passage of a comprehensive affordable housing needs of the transportation funding and policy package community and to improve the quality to address multi-modal needs with a of life for its low-income residents. priority of maintaining and preserving existing infrastructure. Economic Development and Land Use • Support legislative priorities that address traffic congestion, economic development • Support funding and policies to facilitate and jobs. for brownfield mediation and clean-up. ■ Request funding for improvements to • Advocate for legislative funding of the SW Hall Boulevard — Burnham Street to Oregon Transportation Forum on Climate Durham Road.This project will add turn Smart Communities lanes at key intersections, illuminate, add transit stop amenities and fill in the Finance sidewalk gap along Hall Boulevard from downtown Tigard to Durham Road. • Property Tax Reform: Sidewalks along Hall Boulevard are one of ► Support referral to voters that would the top priorities identified by citizens to allow local control of temporary make the city more walkable. property tax outside of statewide caps; Request Amount:$7,100,000 ► Support an amendment of the state constitution that would reset a property's Other Focus Areas assessed value to its real market value at the time of sale or construction; • Advocate for legislative changes that ► Support a statutory change regarding will clarify and enhance public safety the way new property is added to the and local control related to marijuana tax rolls to provide the option of dispensaries. applying a city-wide changed property • Support increased resources for persons ratio to new property. with mental health issues, especially in • Allow for price comparison when procuring crisis situations. the services of architects and engineers. • Oppose preemption of the ability of cities to manage and receive compensation for the use of public ROW. • Advocate for a change to the current fiscal year(July 1 to June 30) as mandated by state law to a calendar that better coincides with the legislative session. 1 li ` .:..6 .f.e,yi',1, I ` .:..6yi',1, Cite of Tigard,Oregon in 0 rj , — 2016 �" � " � Federal Le islative Agendaenda - g - tiw{,?s o Y 1 { ' Portland } I ,....11'. hitt' illaL 4 , r 1a � i* „. iii... ____- „. .,;, Beaverton -4----- 1 i_ N CO WI NM vh m rite*-• - lw�4 TIGARD, OREGON. Bordering the city of Portland,Tigard is Oregon's 12th largest city with , (► �, a a population of 50,044.The city is largely residential Tigard 4 and offers a mix of industrial,commercial and �' � Lake retail space which results in a daytime population .r Oswego around 100,000.Because of the demand placed on ,,, .140 6� its transportation,water and public safety resources, y_ -,. - Tigard faces big city infrastructure issues. Tualatin ,-7* . �-- / 3r - 1 Tigard is ideally located to meet regional '. ,' • —_ � i .1/4 1-205 r; _G employment demand.The region's workforce lives ,, }.` ; .-:--_- here.here.What's lacking,however,is infrastructure that , -_1 , ,. supports business expansion here. Y �� Late in 2014,the City Council adopted a strategic For more information... 4 -.• 1; plan to become "the most walkable community in the More information about these projects and Tigard's "� ' + vision for the future can be found on our website at af, �- ' Pacific Northwest where people of all ages and abilities www.tigard-or.gov.Please don't hesitate to contact us `% • "'- ` enjoy healthy and interconnected lives."This 20-year for additional information. strategic vision,along with four strategic goals,will provide guidance and direction for the city's priorities Mayor John L.Cook, 503-718-2476, over the long term by leveraging and building on our mayorcook@tigard-or.gov s,. strengths to grow Tigard as a thriving community. City Manager Marty Wine, 503-718-2486, marty@tigard-or.gov . ar', PU: Tigard continues to work with its regional ® ��"' Senior Management Analyst Kent Wyatt, partners toward creative solutions that address — 1 .' ii •�-- 503-718-2809,kentw@tigard-or.gov - infrastructure and service delivery challenges.We are - -Aar = ' .ca`. committed to responsible stewardship of public funds ---1-"d. s- > s !il.. and to making sound fiscal decisions that will guide i . • City of Tigard '= • us to a sustainable future. 13125 SW Hall Blvd. Tigard,OR 97223 ,�.. , T I C 1 R D www.tigard-or.gov --, 1 POLICY ITEMS Hunziker Industrial Core Police Equipment Funding The City of Tigard is investing in public infrastructure that The City strongly supports funding for additional police encourages private sector investment and job creation. `e�.. equipment.There are very few funding options at the AP Tigard's Hunziker Industrial Core includes 138 acres of federal level to help police departments purchase industrial zoned property, home to more than 90 firms • equipment despite the fact that federal mandates located three-quarters of a mile from Highway 217 and I continue to require costly upgrades. Interstate 5. , - r FY 2017 Program Levels In this employment area,96 acres are underutilized and -Jr ih.-, 42 acres are undeveloped and limited in their economic _ ,: ' Maintain adequate funding levels for the Economic potential due to a lack of site access and sufficient public , ././ Development Administration(EDA),EPA Brownfields infrastructure.The City of Tigard is exploring public Assessment and Cleanup,Community Development Block infrastructure projects and funding sources to add or Downtown Tigard Brownfield Cleanup Grants(CDBG),the HOME Program,TIGER,Byrne Justice improve roads,water,wastewater and stormwater Tigard is seeking funds to clean up three downtown Assistance Programs,and Assistance to Firefighters funding. services in this area. properties for productive reuse. For several years,the Protect Municipal Bonds City of Tigard and community members have envisioned The first proposed public infrastructure project includes a more vibrant and prosperous downtown and have The City strongly supports protecting tax exempt $5.5 million of roadway,water,sewer and stormwater developed detailed improvement plans.Progress has municipal bonds from being eliminated or limited.Since that will support an estimated$32 million in private been made on implementing these plans with several 1913, interest earned from municipal bonds issued by sector investment.In 2015,the city received$1.5 million projects completed. state and local governments have been exempt from for a capital project in public infrastructure.Development federal taxation.These bonds are the primary financing of employment lands like this typically supports orts 150 to A major challenge to redevelopment, however,has been mechanism for state and local infrastructure projects, 300 jobs depending upon private sector investment. the need to assess and clean up some downtown with three-quarters of the infrastructure projects in the properties for potential environmental issues. REQUEST AMOUNT:$3,000,000 U.S.built by state and local governments,and with over Approximately sixty properties in this area have been $3.7 trillion in outstanding tax-exempt bonds, issued by identified as contaminated,or potentially contaminated, 30,000 separate government units. Local governments ,-4 from previous uses; these are known as potential save an average of 25-30%on interest costs with • brownfield properties.Tigard supports the cleanup and tax-exempt municipal bonds as compared to taxable E = revitalization of these properties,and has utilized EPA bonds. If the federal income tax exemption is eliminated a VIII p INN Brownfield Assessment funds to prepare properties for or limited,states and localities will pay more to finance __ - _ cleanup and ultimate reuse. projects,leading to less infrastructure investment,fewer REQUEST AMOUNT:$400,000 jobs,and greater burdens on citizens who will have to pay higher taxes and fees. Tigard Street Heritage Wail Support for Homeless Assistance Grants Formerly a rail line,this three-quarter-mile trail connects ;. ' /a The city is collaborating with Just Compassion to address downtown Tigard to Tiedeman Avenue.The city recently the lack of homelessness resources in Tigard.Just paved a temporary trail for biking,walking and rolling. 10 Compassion,a registered nonprofit in Oregon,is committed A concept for the permanent Tigard Street Heritage Trail ,...-..,. fler, ,:,� to establishing a day shelter for homeless adults in Tigard. is in the works.The project will place lighting,art, plazas . - The day shelter will provide resource information for mental and other amenities along the trail. �` '' a and physical health,as well as assistance in overcoming _ barriers to employment,job and housing stability. REQUEST AMOUNT:$1,000,000 2017 State Legislative Priorities ill I ill TIGARD 2017 League of Oregon Cities(LOC)—State Legislative Agenda The LOC adopted four legislative priorities for the 2017 session. 1. Property Tax Finance Reform -comprehensive property tax reform consistent with LOC Board- approved principles 2. Restoring Recreational Immunity- restoration full recreational immunity to cities 3. Transportation Funding- passage of a comprehensive, multi-modal transportation infrastructure funding and policy package 4. PERS Reform - legislative options that create savings opportunities as well as potential new revenue sources Other State Legislative Issues to Consider Affordable Housing General Support:Support opportunities to meet the affordable housing needs of the community and to improve the quality of life for its low-income residents. Included on 2016 state legislative agenda Just Cause Eviction Standard:Allow landlords to evict a tenant for certain reasons set out in law, such as nonpayment of rent or other violations of the lease. Rent Stabilization:Allow local governments to pass rent stabilization ordinances. Economic Development and Land Use Land Use Final Order:Support legislation to grant the Metro Council authority to consolidate multi- jurisdictional land use actions involving the SW Corridor into a single decision and expedited land use appeal process. Brownfields: Support additional tools to facilitate remediation of brownfields. Urban renewal: Support preserving urban renewal as a tool for communities. Employment Change to Definition of Supervisory Employee: Change the definition of supervisory employee to require an employee to have authority to issue economic discipline as a requirement. Finance Qualifications-Based Selection: Allow for price comparison when procuring the services of architects and engineers. Right of Way: Oppose preemption of the ability of cities to manage and receive compensation for the use of public ROW. Included on 2016 state legislative agenda. Public Safety Minor in Possession of Alcohol or Marijuana: Adds possession to the marijuana statute and gives courts discretion with regard to suspension of driving privileges for unlawful possession. Other Mental Health: Support increased resources for persons with mental health issues, especially in crisis situations. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- A RESOLUTION TO ADD A NEW TRAIL EASEMENT TO AN EXISTING INTERGOVERNMENTAL AGREEMENT WITH METRO FOR WESTSIDE TRAIL EASEMENT MANAGEMENT,MAINTENANCE,AND OPERATION WHEREAS, Metro has negotiated an easement for a section of the Westside Trail with the Pacific Crest Homeowners Association;and WHEREAS,Tigard is willing to accept the easement for the future trail; and WHEREAS,Metro is willing to transfer the easement to Tigard;and WHEREAS, this is an accepted addition to an existing IGA with Metro covering Westside Trail easement management,maintenance, and operation, NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Tigard City Council will authorize acceptance of the easement, as an addition to the existing Intergovernmental Agreement 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- Page 1 AIS-2916 7. Business Meeting Meeting Date: 12/06/2016 Length (in minutes): 10 Minutes Agenda Title: Consider Authorizing a Second Amendment to the Lasich Property Purchase Agreement Prepared For: Steve Martin Submitted By: Steve Martin, Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City of Tigard approve a second amendment to the Lasich property contract of sale and escrow instructions authorizing the seller to make a one-time withdrawal from escrow? • STAFF RECOMMENDATION /ACTION REQUEST Approve the second amendment authorizing a one-time withdrawal from escrow. KEY FACTS AND INFORMATION SUMMARY Tigard City Council approved the purchase of property on Lasich Lane in September 2015. The contract with Bill Kenny (seller) arranged for the city to make a down payment and then subsequent payments over the next three years. The city entered into a purchase and sale contract and made the first payment in September of 2015 and a second payment in September of 2016,with two annual payments remaining. The funds in escrow are to be sure payments are made over the life of the contract. Final proceeds will be dispersed to the seller. The seller has agreed to lease the property over the contract term and to remove the greenhouses and other materials used in his business before the city takes possession of the property in 2018. The seller has made substantial progress in removing the greenhouses,and is requesting a one-time payment out of escrow to help fund the removal of the remaining greenhouses (see Attachment 1). Tigard's city attorney drafted language for a second amendment (Attachment 2),and has checked with escrow to be sure that all other dispersals are covered if this payment is made.Approval of the second amendment does not change the original cost of the property, or add to the city costs for buying the property. The seller has been agreeable to requests made by the city,including potential use of the leased property for sanding rock storage by the city. Based on the very cooperative working relationship between the seller and staff, staff recommends approval of the second amendment to the contract of sale and escrow instructions. OTHER ALTERNATIVES Council could choose to not approve the second amendment. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS The Lasich Lane property was purchased as a future park property to help meet the needs identified in the citywide Park System Master Plan and River Terrace Park System Master Plan Addendum. DATES OF PREVIOUS CONSIDERATION Council has not been briefed previously on this amendment to the Lasich property purchase agreement. Council authorized the Lasich property purchase in September 2015,with annual payments by the city through September 2018. Fiscal Impact Cost: no Budgeted (yes or no): no Where Budgeted (department/program): n/a Additional Fiscal Notes: This action does not have a financial impact on the city,and does not add to the purchase price for the city. Attachments Email Request Lasich 2nd Amendment AgendaQuick©2005-2016 Destiny Software Inc.,All Rights Reserved Steve Martin From: Bill Kenny Sent: Monday, November 7, 2016 8:08 AM To: Steve Martin Subject: escrow fund Steve Do to the falling scrap metal prices, I have not recovered near the funds I had planned on when we first entered in to the negotiations for the sale of the property.The metal price fell from over a 150 dollars per ton to 40 dollars per ton. This has put me in a bit of a cash flow crunch. Currently we have 260,000 dollars in the escrow account nearly 775,000 more going into escrow over the next two years. I am texting you pictures to show we a well over fifty percent complete with the green house removal. I would like at this time to have access to sixty thousand dollars of escrow money to complete the demolition. I appreciate you help ion this matter. Bill Kenny i Second Amendment to Contract of Sale and Escrow Instructions This Second Amendment to Contract of Sale and Escrow Instructions is entered into by and between William B. Kenny, an individual(Seller) and the City of Tigard, an Oregon municipal corporation(Purchaser). Recitals A. The parties executed a Contract of Sale and Escrow Instructions (Contract) dated August 12, 2015, subsequently Closed the Purchase as provided for, and subject to the terms and conditions, therein, and subsequently entered into a First Amendment making certain changes relating to payment of property taxes. B. Seller is in the process of removing Retained Property and taking other steps as required in the Contract. Seller has requested that Purchaser release funds to help pay the cost of Seller's performance due to unanticipated expenses beyond Seller's reasonable control. Purchaser is willing to agree under the terms provided for in this Amendment. Agreement Now, therefore, in consideration of the mutual covenants herein and in the Contract,the parties agree to amend the Contract as follows, new language is underlined, deleted language is shown in strike-out: Section 1. Section 4.5 Collection and Payment is amended as follows: 4.5 Collection and Payment. After Closing all payments to Seller must be made to Collection and Payment Escrow. Except as provided in Section 4.7, below [Tithe Collection and Payment Escrow shall accept the payments and apply or account for them as follows: a. First to any unpaid amount due to the Collection and Payment Escrow; b. Second, payment directly to the Northwest Farm Credit Services obligation as payments on such obligation become due; c. Third,to pay the personal property taxes on or before the due date. Collection Escrow shall provide proof of payment to Seller and Purchaser; d. Fourth,to any credits due to Purchaser under this Contract; e. Fifth,to any other liens or encumbrances placed on or suffered by Seller, including any lien for unpaid personal property taxes or for the cost of removing the Retained Property and the manufactured dwelling owned by Seller's foreman, unless such lien arises from the action or inaction of Purchaser; f. Sixth, pay to Seller's insurance provider the premiums for the commercial general liability insurance as provided in Section 4.1 of the Lease (Exhibit `E') and any other insurance maintained by Seller associated with the Subject Property, Retained Property or Sellers business operations on the property (e.g. casualty, auto)within 30 days of Seller providing to Collection Escrow or receipt from the insurer of a statement of amount due and payable. Collection Escrow shall provide proof of payment to Purchaser. g. Seventh, the remaining balance to Seller on the Maturity Date. Collection and Payment Escrow shall not less than annually provide the Parties with a statement showing the receipts from Purchaser and disbursements by Collection and Payment Escrow. Section 2. Section 4.7, is added as follows: 4.7 One-time payment to Seller. Notwithstanding Section 4.5, within 10 days of receipt of written authorization from Purchaser, the Collection Escrow shall make a one-time payment of$60,000 to Seller from the proceeds being held by Collection Escrow. Section 5. Except as expressly amended herein and by the First Amendment, the Contract as originally executed remains in full force and effect. This Second Amendment shall be effective as of the date last signed. Seller By: Name: Its: Date: Purchaser By: Name: Its: Date: