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City Council Minutes - 01/23/2018 City of Tigard Tigard City Council Meeting Minutes January 23, 2018 12 l STUDY SESSION 6:30 p.m. A. RECEIVE UPDATE ON PROPOSED OVERBILLING SETTLEMENT CLAIM Utility Manager Goodrich updated council on a proposed overbilling settlement claim for a residential customer who had been overcharged since 2006 for water use. The water meter was inadvertently repaired or had its register head replaced with the wrong size meter. This problem was not discovered until December of 2017. Staff reconstructed the family's actual consumption back to 2006 and the claim settlement makes them whole for consumption billing related to water and sanitary sewer use. The dollar amount of the settlement exceeds the authority of the City Manager to approve as described in the Tigard Municipal Code 12.03 utility billing rules so it will need to come before Council. The settlement is in the amount of$16,959.50 which includes a $1,000 inconvenience fee. Council President Snider asked if staff had apologized to the owners. Mr. Goodrich said they had and the owners were actually relieved to hear why their use was so high. Councilor Goodhouse asked if they had ever received assistance from the Utility Billing Division such as a payment plan. Councilor Woodard recommended figuring what compound interest would be on $1,000. Council President Snider asked how many times the customer contacted staff regarding concerns with their high usage. He also asked how many times staff went to their property to help figure out why their usage was so high. Mr. Goodrich said the customer was failed by staff. Utility Billing was their main contact but the wrong-sized meter was discovered by Public Works. He said the city has over 19,000 water accounts with a wide range of customers. Councilor Woodard said there should be something that flags a crew to go out and check. Mr. Goodrich agreed and said staff has learned from this and shared information that similar meters can have different tops. City Attorney Rihala said the settlement includes a release of claims and a waiver. Council President Snider asked for more analysis to determine any late fees and interest and have it added to the$1,000. TIGARD CITY COUNCIL MEETING MINUTES —January 23, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 7 Assistant City Manager Zimmerman said staff heard council's intent and Finance and Public Works will work together to determine an inconvenience fee including refunding late notices, shut offs, turn-ons or interest that occurred. This settlement will return to council for approval in February. B. COUNCIL LIAISON REPORTS Councilor Anderson attended the homeless summit meeting in Hillsboro. All mayors and some councilors attended along with members of the faith community. Councilor Woodard said John Charles spoke at the King City Clubhouse on electronic tolling. Also attending was gubernatorial candidate Sam Carpenter. He said the conversation was interesting and suggested council have Mr. Charles present an update to them. He noted that the hanging wire on Main Street near the Fanno Creek Trail he reported recently had been wrapped around the pole and duct taped. City Manager Wine said parks staff identified that it was a PGE issue and they have been notified. Council President Snider said the Audit Committee met and will be presenting the audit results at a February business meeting. He said the auditors became aware of Councilor Woodard's statements that there may be fraud,waste and abuse. They are hyper-sensitive to those concerns and will be reviewing council tapes as they are now obligated to thoroughly investigate such claims. Councilor Woodard said, "It's not a claim;you don't know. Unless you have policies within your company you don't know if you have those things occurring. I'm not claiming anything." Council President Snider said the auditors cannot issue an audited financial statement without investigating further. They will be talking to council. Councilor Woodard said he welcomed a call from them. Councilor Woodard asked who was on the Audit Committee and City Manager Wine said the firm the city hired to do the financial audit is Moss Adams.The Audit Committee also includes liaison Council President Snider, the auditors Moss Adams, and citizen members Ann Elligott, Stephanie Gale and Jeremy Nichols. She said they hire the auditors,review audit findings and recommend any actions to be taken post audit. Administrative Items: • City Manager Wine said Council's winter outreach will be on February 12 at the Summerfield Clubhouse with dessert and coffee. Council will move around the room and talk to residents seated at round tables. Robert Van Vlack will bring the microphone to anyone asking or answering a question. They have asked about two topics specifically, SW Corridor and the potential for a local option levy. There will be a brief staff presentation on each topic. 1. BUSINESS MEETING A. At 7:31 p.m. Council President Snider called the meeting of the Tigard City Council and Local Contract Review Board to order. TIGARD CITY COUNCIL MEETING MINUTES —January 23, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 7 B. Council President Snider asked City Recorder Krager to call the roll. Present Absent Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ C. Council President Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—There was none. B. Citizen Communication—Sign-up Sheet. No one signed up to speak. 3. CONSENT AGENDA: (Tigard City Council) — A. APPROVE CITY COUNCIL MINUTES: November 7,2017 B. CONSIDER RESOLUTION APPOINTING MEMBERS OF THE HOUSING OPTIONS TASK FORCE Resolution No. 18- 04 A RESOLUTION APPOINTING MEMBERS OF THE HOUSING OPTIONS TASK FORCE Councilor Woodard moved for adoption of the Consent Agenda as presented. Councilor Anderson seconded the motion and all voted in favor. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) TIGARD CITY COUNCIL MEETING MINUTES —January 23, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 3 of 7 4. LOCAL CONTRACT REVIEW BOARD—CONSIDERATION OF ADA SELF- EVALUATION AND TRANSITION PLAN DEVELOPMENT CONTRACT Senior Management Analyst Barrett and Central Services Director Robinson presented this agenda item. The contract is for specialized consultant services for a self-evaluation and development of a transition plan. A civil rights law prohibits discrimination against disabled people and the city's original Americans with Disabilities (ADA) plan dates from 1993. In 1999 and 2000 the city performed a self-evaluation and transition plan for buildings and parks. A lot of changes have occurred since then not only in the law but in the programs and services the city provides. The consultant will work with staff and a focus group. When complete,the recommendations will move the city closer to being a city where all ages and abilities enjoy healthy and interconnected lives. Senior Management Analyst Barrett said a QBS process in November attracted four proposals. Staff chose to negotiate with the top-ranked firm,MIG, Inc. The total contract is $220,000. $200,000 is budgeted and staff will be requesting an additional$20,000 for extra work. Councilor Woodard asked if this would be a continuous project and would it get support from the federal government since it is required. Mr. Barrett said the results of the evaluation and how it will be implemented will be identified later. Central Services Director Robinson said the scope includes forming a focus group to help prioritize the program. They will look at programmatic access and cost. Councilor Woodard asked if the city was required to comply. Ms. Robinson replied that in a perfect world the city would remove all barriers,but what is important is continual work with the focus group to make sure the city is working on the most important aspects. Senior Management Analyst Barrett said staff recommends the LCRB approve award of the contract. Councilor Anderson moved for approval of the contract and Councilor Goodhouse seconded the motion. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Council President Snider announced that the contract was approved unanimously. TIGARD CITY COUNCIL MEETING MINUTES —January 23, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 7 5. CONSIDER RESOLUTION ADOPTING THE LAKE OSWEGO-TIGARD WATER TREATMENT PLANT OPERATIONS MANUAL Utility Manager Goodrich gave the staff report for this item. Council discussed the operations manual at its January 9,2018 meeting. The manual provides the playbook for the joint ownership and meets the requirements of Article 7 of the Intergovernmental Agreement between the cities of Tigard and Lake Oswego. In the January 9 briefing council requested additional language related to managing authority. Staff added that to the proposed resolution. Councilor Goodhouse asked where that part is located. Utility Manager Goodrich said it is the final whereas clause of the resolution and read it aloud. Councilor Woodard said he had a conflict because he thought the operating manual and managing authority are two separate things. City Manager Wine said the managing authority is a future discussion to be held with partner Lake Oswego for a future governance agreement within three years of completion. The Oversight Committee has been meeting on this topic and it has not been resolved. Utility Manager Goodrich responded to questions from Councilor Woodard on the preventive maintenance system. He noted that the Operations Manual is a higher level document that recognizes protocols are in place. During construction all assets were tracked by Brown and Caldwell and there are robust operating manuals for each piece of equipment. Councilor Woodard moved for approval of Resolution No. 18-05. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 18-05—A RESOLUTION OF THE TIGARD CITY COUNCIL-ADOPTING AN OPERATIONS MANUAL RELATING TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN LAKE OSWEGO AND TIGARD-FOR WATER SUPPLY FACILITIES,DESIGN, CONSTRUCTION,AND OPERATION The motion passed unanimously. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) TIGARD CITY COUNCIL MEETING MINUTES —January 23, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 7 6. FINALIZE THE 2018 FEDERAL AND STATE LEGISLATIVE AGENDA Senior Management Analyst Wyatt gave the staff report on this agenda item. He thanked Councilor Goodhouse for his edits on information about Tigard's legislators. The topics on the state agenda change to Qualification Based Selection (QBS) process and affordable housing which shows support but does not go into specific proposals. He said Mayor Cook brought up the issue on January 9 about the Portland Winterhawks so that has been included. Councilor Anderson concurred with keeping the affordable housing mention vague because programs pop up frequently. He said the language about removing barriers is perfect. Mr. Wyatt said federal recommendations received from lobbyist firm CFM include focusing on infrastructure projects. Projects were the same as the last year's list. The SW Corridor draws emphasis on New Starts and Smart Starts programs. He said this agenda will be beneficial for council members going to Washington DC in March. Council President Snider asked if there was anything specific that council gave feedback on that was not incorporated here and Mr. Wyatt said there was not. Councilor Goodhouse asked about the North Dakota Bridge replacement and City Manager Wine said there is another opportunity for secured funding. Council gave their approval to the federal and state legislative agendas and Senior Management Analyst Wyatt said he would continue to update them during the legislative session. He offered his assistance to those council members going to Washington DC in March. 7. INFORMATIONAL PUBLIC HEARING TO CONSIDER RESOLUTION FOR FY 2018 SECOND QUARTER BUDGET SUPPLEMENTAL Senior Management Analyst Kang gave the staff report and gave council a description of each FY 2018 Second Quarter Supplemental item. The Police Department has two insurance reimbursements, a training budget carryover for courses not completed in FY 2017, and reimbursement for overtime funded by various federal grants. Public Works has three requests. There is a need to replace the 20-year old Tiger Mower which broke down last fall. The second and third requests are for increased costs for the Fanno Creek Sanitary Siphon Project and a carry forward amount.The request carries forward prior year unused appropriations to pay for final Lake Oswego/Tigard Water Partnership invoices for project completion. The Supplemental also makes an adjustment for money accidentally budgeted in the Water Fund which should have been in the Water CIP Fund. Staff recommends approval of the Second Quarter Budget Supplemental. Councilor Anderson moved for approval of Resolution No. 18-06. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. TIGARD CITY COUNCIL MEETING MINUTES —January 23, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 7 Resolution No. 18-06—A RESOLUTION TO ADOPT THE FY 2018 -SECOND QUARTER BUDGET SUPPLEMENTAL- INCLUDING BUDGET ADJUSTMENTS TO PUBLIC WORKS,POLICY AND ADMINISTRATION, AND COMMUNITY SERVICES Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) Council President Snider conducted a vote and announced that Resolution No. 18-06 was approved unanimously. 8. NON AGENDA ITEMS None. 9. EXECUTIVE SESSION None scheduled 10. ADJOURNMENT At 8:04 p.m. Councilor Goodhouse moved for adjournment. Councilor Anderson seconded the motion. Council President Snider conducted a vote and announced that the motion to adjourn passed unanimously. Yes No Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (Absent) �&"zA&e'X A&4-e� Carol A. Krager, City Recorder Vst: r, Council President Date: 77 f TIGARD CITY COUNCIL MEETING MINUTES —January 23, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 7