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TCDA Packet - 12/04/2018 [:its-of 'Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: December 4,2018-6:30 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 730p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting.Please call 503-718-2419, (voice) or 503-684-2772 (IDD Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible.Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-6842772 (IDD -Telecommunications Devices for the Dea�. SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: htto://www.tieard-or.eov/city hall/council meetine.oho 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. City of Tigard 1 , Tigard Business Meeting—Agenda TIGARD CITY COUNCIL AND TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: December 4,2018-6:30 p.m.Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 6:30 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. CONSIDER RESOLUTION APPOINTING TOWN CENTER ADVISORY COMMISSION MEMBERS 6:35 pm. estimated time 4. CONSIDER RESOLUTION APPOINTING PLANNING COMMISSION MEMBERS 6:40 p.m. estimated time I 5. TOWN CENTER DEVELOPMENT AGENCY-DISCUSSION ON POTENTIAL BUSINESS PLAN FOR UNIVERSAL PLAZA 6:45 p.m. estimated time 6. LEGISLATIVE PUBLIC HEARING: CONSIDER AN ORDINANCE RELATING TO UTILITY SERVICES IN PUBLIC RIGHTS-OF-WAY 7:05 p.m. estimated time 7. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENTS TO TIGARD MUNICIPAL CODE 3.24 FOR WATER SDC'S 7:30 p.m. estimated time 8. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE TO AMEND THE TIGARD MUNICIPAL CODE REGARDING RIGHT OF WAY PERMITS FOR WORK IN THE RIGHT OF WAY 7:45 p.m. estimated time 9. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE AMENDING TMC SECTION 3.65.270 AND RESOLUTION AMENDING TIGARD TRANSPORTATION ADVISORY COMMITTEE BYLAWS 8:05 p.m. estimated time 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION:The Tigard City Council will go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2) (e).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. 8:20 p.m. estimated time 12. ADJOURNMENT 8:45 p.m. estimated time AGENDA ITEM NO. 2 B - CITIZEN COMMUNICATION DATE: December 4, 2018 (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: Also,please spell yo name as ' sounds,if it will � help the presiding offi r pr ounce: Address Ct �� 1'' City <-'Any-c" 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 1 �• 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 l:\ADM\CITYREC0RlMRS\000 Cm Recorder-Records Resources and Policies\CCSignup\2018\citizen communication 181204.doc AIS-3595 3. Business Meeting One Meeting Date: 12/04/2018 Length(in minutes):5 Minutes Agenda,Title: CONSIDER RESOLUTION APPOINTING TOWN CENTER ADVISORY COMMISSION MEMBERS Prepared For: Sean Farrelly,Community Development Submitted By: Joe Patton,Community Development Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Appoint Town Center Advisory Commission Members. STAFF RECOMMENDATION/ACTION REQUEST Staff recommends approval of a resolution reappointing Tim Myshak and appoint Renette Hier,Angela Chong and Christopher Allen as voting members,appointing Hemendra Mathur as a non-voting alternate member,and reappointing Gloria Pinzon-Marin as a non-voting ex-officio member of the Town Center Advisory Commission. KEY FACTS AND INFORMATION SUMMARY The Town Center Advisory Commission (ICAC)is the advisory body to the Town Center Development Agency on urban renewal issues.The Town Center Advisory Commission has three voting resident positions with terms that expire on December 31,2021 and one voting resident position with a term that expires December 31,2019.There are also up to two non-voting alternate positions and up to two non-voting ex-officio positions with terms that expire on December 31,2019. The Mayor's Appointment Advisory Committee recommended that Tim Myshak be reappointed and Christopher Allen and Angela Chong be appointed as voting members to fill terms that expire December 31, 2021, that Renette Hier be appointed as a voting member to fill a term that expires December 31,2019,that Hemendra Mathur be appointed as a non-voting alternate member to fill a term that will expire December 31, 2019;and that Gloria Pinzon-Marin be reappointed as a non-voting ex-officio member to fill a term that will expire December 31,2019.Attachment 1 is a Resolution appointing the recommended candidates. Attachment 2 has biographical information on all recommended appointees. OTHER ALTERNATIVES Council could decide to not approve some,or all,of the recommendations.This would necessitate reopening the recruitment. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS Not applicable DATES OF PREVIOUS COUNCIL CONSIDERATION Not applicable Attachments TCAC Resolution TCAC Biogtaphies CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18 - A RESOLUTION REAPPOINTING TIM MYSHAK AND APPOINTING RENETTE HIER,ANGELA CHONG AND CHRISTOPHER ALLEN AS VOTING MEMBERS, APPOINTING HEMENDRA MATHUR AS A NON-VOTING ALTERNATE MEMBER AND REAPPOINTING GLORIA PINZON-MARIN AS A NON-VOTING EX-OFFICIO MEMBER OF THE TOWN CENTER ADVISORY COMMISSION. WHEREAS,as of December 31,2018 there are four vacancies for voting members,and up to two non-voting ex officio and two non-voting alternate members of the Town Center Advisory Commission;and WHEREAS,the Mayor's Appointment Advisory Committee recommends that Council reappoint Tim Myshak and appoint Renette Hier, Angela Chong and Christopher Allen as voting members, appoint Hemendra Mathur as a non-voting alternate member, and reappoint Gloria Pinzon-Marin as a non-voting ex-officio member. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Tim Myshak is reappointed and Christopher Allen and Angela Chong are appointed as voting members to fill terms that expire December 31,2021. SECTION 2: Renette Hier is appointed as a voting member to fill a term that expires December 31,2019. SECTION 3: Hemendra Mathur is appointed as a non-voting alternate member to fill a term that will expire December 31,2019. SECTION 4: Gloria Pinzon-Marin is reappointed as a non-voting ex-officio member to fill a term that will expire December 31,2019. SECTION 5: This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 18-_ Page 1 TOWN CENTER ADVISORY COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On December 4, 2018, the Tigard City Council will consider a Resolution to appoint Christopher Allen,Angeline Chong, Renette Hier and Tim Myshak as voting members, appoint Hemendra Mathur as a non-voting alternate and appoint Gloria Pinzon-Marin as a non-voting ex officio member of the Town Center Advisory Commission. Christopher Allen works for Autumn Funerals, Cremation and Burials. He has lived in Tigard for two years,adjacent to the City Center Urban Renewal District. He has previously volunteered with Sound Stewards and Weed Warriors in the Puget Sound area. Angeline Chong has been a Tigard resident for seventeen years. She recently retired from a utility company. She volunteers for Catholic Charities and at the Oregon Food Bank Renette Hier has been a Tigard resident for twenty-seven years. She works as a compensation professional for Providence Health and Services and is a member of the Columbia Willamette Compensation Group Board. Hemendra Mathur has been a Tigard resident for twenty-seven years. He recently retired as an engineer. He previously served as an alternate for the CCAC in 2013 and has worked as a volunteer at Brahma Premandand Ashram. Tim Myshak has been a Tigard resident for thirty-one years. He has been a TCAC member since June 2016. He is a controller for Complete Distribution Services,a freight brokerage company with an office on Main Street. He has been the treasurer or finance member of various non-profit organizations and a youth leader with the St. Matthew Lutheran Church. Gloria Pinzon-Marin recently moved to Beaverton after living in Tigard for twenty-two years. She served on the TCAC since January 2017, and as vice chair since January 2018. She works for the City of Tigard and has an extensive background in affordable housing and community development,including volunteering for the non-profits Momentum Alliance and the Community Alliance of Tenants, and serving on the Southwest Equitable Development Strategy (SWEDS) Project Oversight Committee. AIS-3597 4. Business Meeting One Meeting Date: 12/04/2018 Length(in minutes):5 Minutes Agenda Title: CONSIDER RESOLUTION APPOINTING PLANNING COMMISSION MEMBERS Submitted By: Doreen Laughlin,Community Development Item Type: Resolution Meeting Type: . Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Appoint seven new Planning Commission members. STAFF RECOMMENDATION/ACTION REQUEST Staff recommends approval of a resolution appointing Cole Whitehurst,Jamie Watson,Keshavan Tiruvallur, Nathan Jackson,and Yi-Kang Hu as voting members of the Tigard Planning Commission,and Alexandria Quinones and Taylor Sarman as non-voting,alternate members. KEY FACTS AND INFORMATION SUMMARY The Planning Commission currently has four voting positions that expire on December 31,2018,one unexpired position(vacated by current President Calista Fitzgerald) that will expire on December 31,2019, and two open alternate positions that will expire December 31,2020. The applicants were interviewed by the Mayor's Appointment Advisory Committee on October 22nd and 25th.The Committee recommended that Cole Whitehurst,Keshavan Tiruvallur,Nathan C.Jackson,and Yi-Kang Hu be appointed as voting members to fill terms that expire December 31,2022;and that Jamie Watson be appointed as a voting member to fill the unexpired term that will end December 31,2019. Additionally,they recommend that Alexandria Quinones and Taylor Sarman be appointed as non-voting, alternate members to fill terms that expire December 31,2020. Attachment 1: Resolution implementing recommended appointees. Attachment 2:Biographical information on recommended appointees. OTHER ALTERNATIVES Council could decide to not approve some or all of the recommendations;this would result in a need to reopen the recruitment. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS City of Tigard Vision Task Force: "The City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community." DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Resolution Biographical Information CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18- A RESOLUTION APPOINTING COLE WHITEHURST, JAMIE WATSON, KESHAVAN TIRUVALLUR, NATHAN C. JACKSON, AND YI-KANG HU AS VOTING MEMBERS OF THE TIGARD PLANNING COMMISSION, AND APPOINTING ALEXANDRIA QUINONES AND TAYLOR SARMAN AS ALTERNATE,NON-VOTING MEMBERS. WHEREAS,there are five vacancies for voting members and two vacancies for alternate non-voting members on the Planning Commission;and WHEREAS, Cole Whitehurst, Jamie Watson, Keshavan Tiruvallur, Nathan C. Jackson, Yi-Kang Hu, Alexandria Quinones,and Taylor Sarman applied for appointments to the Planning Commission;and WHEREAS, the Mayor's Appointment Advisory Committee recommends that Council appoint Cole Whitehurst,Keshavan Tiruvallur,Nathan C.Jackson,and Yi-Kang Hu,as voting members with terms that will expire December 31,2022 and appoint Jamie Watson as a voting member to fill the open unexpired term that will expire December 31,2019;and WHEREAS, the Mayor's Appointment Advisory Committee recommends that Council appoint Alexandria Quinones and Taylor Sarman as alternate non-voting members for terms that will expire December 31,2020. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Cole Whitehurst,Keshavan Tiruvallur,Nathan C.Jackson,and Yi-Kang Hu are appointed to the Planning Commission as voting members to fill terms that will expire December 31,2022; and Jamie Watson is appointed as a voting member to fill the open partial term that will expire December 31,2019. SECTION 2: Alexandria Quinones and Taylor Sarman are appointed to the Planning Commission as alternate members to fill terms that will expire December 31,2020. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 18- Page 1 Attachment 2 PLANNING COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On December 4, 2018,Tigard City Council will consider a Resolution to appoint Cole Whitehurst,Jamie Watson, Keshavan Tiruvallur,Nathan Jackson, and Yi-Kang Hu as voting members of the Tigard Planning Commission, and to appoint Alexandria Quinones and Taylor Sarman as non-voting, alternate members. Cole Whitehurst has lived in Tigard for four years and grew up in Portland. He works for Multnomah County as an industrial appraiser and has additional experience in commercial and residential appraisals. He has a strong understanding and application of land use, zoning, valuation concepts, Oregon tax and real estate laws. He attended George Fox University through the Act Six Scholarship program and played on the basketball team. Cole is presently the Vice President of the local International Association of Assessing Officers (IAAO) chapter,Vice-President of his homeowner's association, and volunteers for Habitat for Humanity. Jamie N.Watson has been residing in the City of Tigard since December of 2014. Born and raised on the island of O'ahu,Hawaii, she moved to Bend, Oregon as a teen in 1989. She graduated from the University of Oregon with a Bachelor of Architecture in 1997. Jamie then relocated to the City of Portland where she has been practicing institutional and commercial architecture for over two decades,with an emphasis on local projects. She is currently a Project Architect for Yost Grube Hall Architecture. Jamie has also served as a member of the Tigard Levy and Bond Task Force since its inception in 2017. Keshavan (pronounced"K7")Tiruvallur has been a resident of Oregon for 35 years; 23 years in Tigard. He retired as an Intel Fellow from Intel in 2016, a career span of 33 years. He then worked as a Distinguished Engineer at IBM for a year and half. His professional life has been dedicated to discovering powerful solutions to the most difficult technical problems. He believes success requires a lack of orthodoxy and detachment from what's worked in the past. To that end,he has built teams where there is an openness to many different ideas and where people feel empowered to take the right risks. He has groomed many strong technical leaders in the US and other parts of the world. As a passionate champion for under-represented talent,he has been instrumental in developing and sponsoring a diverse technical pipeline. He has been active in Tigard Boys Scout Troop 423 where his son Eagled out. He volunteers with Intel, Medical Teams International, Oregon Food Bank, and the Indian community. He holds a Master's degree in Electrical Engineering from University of Memphis. Nathan C.Jackson has served as a voting Planning Commissioner for nearly two years, when he stepped in to fill an unexpired term. Nathan holds a Bachelor of Arts degree in Philosophy,Economics, and Classical Studies from Willamette University. He has lived in Tigard for nine years and has worked as a software quality assurance analyst at Greater Giving—a fundraising services provider for non-profits —for nearly ten years. In addition to Attachment 2 continuing to play in local music groups,Nathan looks forward to serving his first full term as a voting member of the Planning Commission. Yi-Kang Hu has been a resident of Tigard for over 12 years and has served on both the Planning Commission and the Transportation Advisory Committee since January of 2016. Yi is an attorney with Spectra Law Group, LLC,where he practices food & drug law and intellectual property law. He is also an assistant team captain and basic training class coordinator (Volunteer) of the city's Community Emergency Response Team (CERT). From 2006—2013 he was an appointed member of the Oregon Board of Naturopathic Medicine; he was a volunteer attorney with Legal Aid Services of Oregon where he represented domestic violence victims;and he was a Certified Ombudsman (Volunteer) at Oregon Long- Term Care Ombudsman. Education:J.D., Lewis&Clark Lase School, Portland Oregon, PAD., Biochemistg &Molecular Biology, Oregon Health &Science University, Portland Oregon, Undergraduate, B.A., Reed College, Portland Oregon Alexandria Quinones recently relocated to Tigard and is loving her new hometown. She holds a B.A. in Psychology from Miami University (Ohio) and an M.S. in Higher Education &Leadership from Eastern Illinois University. She has extensive experience in community development, outreach, marketing,and leadership as well as event planning&project management. Currently, she is the on-site Community Manager for Alderbrook Apartments where she resides with her husband and two sons. Alexandria is very eager to serve her community as an alternate for the Planning Commission. Taylor Sarman serves as Chief of Staff for State Representative Margaret Doherty who chairs the Oregon House Education Committee and represents Tigard in the Oregon Legislature. Taylor is active in the Tigard community through his involvement with his local Rotary Club as well as his service on the Tigard Committee for Community Engagement and his participation in Leadership Tigard. Outside of his local involvement,Taylor also actively serves as a board member for the Rural Development Initiative and on the Emerging Leader Board of PlayWorks Northwest. Taylor is a graduate of Oregon State University where he studied political science and served as Student Body President as well as an OSU Trustee. He looks forward to serving the Tigard Planning Commission as an alternate commissioner. AIS-3624 5• Business Meeting One Meeting Date: 12/04/2018 Length (in minutes):20 Minutes Agenda Title: Discussion on Potential Business Plan for Universal Plaza Submitted By: Sean Farrelly,Community Development Item Type: Update,Discussion,Direct Staff Meeting Type: Town Center Development Agency Public Hearing: No Publication Date: Information ISSUE Discussion with the TCDA Board on potential business plan for the Universal Plaza. STAFF RECOMMENDATION /ACTION REQUEST The Board of the TCDA is requested to provide feedback on a potential business plan for the Universal Plaza. KEY FACTS AND INFORMATION SUMMARY The proposed Universal Plaza on Burnham Street is in the early planning stages. Public input on the concept has been gathered from boards and commissions,at city events,and from the interactive community engagement webpage. Subsequent work will include refining the concept and cost estimates,and final design and engineering.The project will be funded from City Center Urban Renewal District tax increment,and the $1.3 million commitment from the parks bond. Although the design and engineering phase has not started,and final decisions about plaza amenities and features have not been made,it is expected that an additional full time Parks Department employee will be needed to provide on-going maintenance. At its September 4d'Board Meeting,the TCDA requested that staff develop a preliminary potential business plan outlining potential revenue sources that could help defray the cost of an additional parks maintenance FTE. Staff conducted research on existing best practices for potential revenue generating sources in parks and public spaces. From this research,staff identified the following potential strategies. •Food cart rental space: Incorporate space for food carts into the Plaza design and lease the space to food cart operators.This strategy activates the Plaza,promotes local entrepreneurism,and provides a reliable source of revenue. •Public space rental:Rent Universal Plaza and shelter area to the public.This strategy activates the Plaza,but is an unreliable source of revenue,and could close some or all of the Plaza to public use. •Plaza naming rights: Pursue corporate partnerships,naming rights and advertising opportunities.This strategy has high revenue potential but would require staff time to carry out sponsorship agreements and develop signage costs and could be poorly perceived by the public. -S ponsorsbo options• •Lifelong Naming fights—One-time lump sum. •Syear--term—S ponsorsbo term renewed every 5years *Annual—Sponsorshp term renewed annually. •Parks Foundation: Create a not-for-profit foundation to establish private funding sources to provide supplemental revenue to offset costs for Universal Plaza facilities and programs.This strategy would provide a new source of non-tax revenue and tap into the passion of individuals who care about parks and public spaces. City staff time may be needed to assist with the formation of the foundation and to serve as a liaison. Although each of the above strategies has the potential to generate some revenue,the total amount of revenue is variable and uncertain. Many of the strategies require significant staff time to administer. Revenue generated from these strategies could defray some costs,but it is unclear whether it would cover the full cost of hiring additional parks maintenance FTE. OTHER ALTERNATIVES Board of TCDA could direct staff to investigate other revenue generating strategies. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS Tisa d City Council Goals and Priorities 2017-19 Goal 3:Make Downtown Tigard a Place Where People Want to Be. Focus on identifying and acquiring property and developing the Downtown Plaza. •Design and develop Tigard Street Heritage Trailhead plaza as a gathering place and event space. •Complete design and engineering for Main Street at Fanno Creek public space. •Evaluate locations for other plaza/public space,including as part of Civic Center visioning. City Center Urban Renewal Plan Goal 4B:Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. DATES OF PREVIOUS COUNCIL CONSIDERATION September 4,2018: Update on Universal Plaza concept February 20,2018: Review Universal Plaza concept Attachments Universal Plaza PowerPoint Strateey Information Sheets �i City ofTigard R,,pectDo the Right Thing Get it Done Universal Plaza Potential Business Plan -'resented to City Council s 3ecember 4, 2018 Universal Plaza City ofTigard Project Overview Universal Plaza is in the early planning stagesinterpretive - allons interpretive Sculpture set within FIRE Path Input from boards and AIR element kinetic commissions, public events Sculpture interpretive Sculptural rock seating along and interactive webpagerock seating blocks community(", WATER Path along EARTH Path Additional public input will inform the design and engineering0-110 V1.1 '.. Funding to construct has _. rillIY been identified,` r Will likely require 1 new ; Parks FTE for maintenance September 41h TCDA Board Universal Plaza design rendering meeting- draft a potential business plan Strategy 1: City ofTigard Food Cart Rental Space Overview • Lease rental space to food cart operators • Incorporate space for food carts + covered seating into Plaza design T. r Benefits � • Activates the plaza • Promotes local entrepreneurism c • Reliable source of - revenue �► �. I Considerations • Non-compete criteria • Development code revisions BG Food Cartel, Beaverton Potential Revenue $600/month per food cart Strategy 2: City ofTigard Public Rental Overview • Rent Universal Plaza and shelter area to public Benefits , • Activates plaza .. : y Considerations • Unreliable source of revenue • Parts of Plaza closed to public use • Not available for rent on Sundays due to farmers market • Resident/non-resident rental rates rr Cook Park Picnic Shelter Potential Revenue • Shelter: $70-$100/hour • Plaza: $400-$600/hour City ofTigard Overview • Pursue corporate partnerships, naming rights and advertising opportunities CAsT COH Benefits • High revenue potential Ip lj _. Considerations • Staff time to carry out sponsorship agreements. • Signage costs • Public perception • Market considerations Potential Revenue • Plaza Naming Rights 5-20 year terms —$$$ -$$$$ • Amenities Naming Rights Comcast Plaza, Portland 5-20 year terms —$$ -$$$ • Not Recommended: Lifelong Naming Rights - $$$$$ Annual Naming Rights—$$ 77- Strategy I Overview Create a not-for-profit Parks Foundation to establish private funding sources for Universal Plaza facilities and programs Benefits Friendsqfthe• Ability to receive unrestricted or restrictedTi ��d Librartl donations • New source of non-tax revenue • 501(c)3 is recipient of tax-deductible /�` FRIENDS Of contributions • Tap into passion of individuals who care METZGER about parks SCHOOL PARK Considerations • City may need to assist in the formation process. o� • City staff would need to serve as liaison. A� Friends Of Bull Mountain MU • Interest in a broader mission to serve all Tigard parks rather than the Universal M6 Plaza specifically "Friends of"in Tigard Potential Revenue Unknown, but expected to provide supplemental revenue to offset costs City • Summary Revenue Strategies 1. Food Cart Rental Space 2. Public Rental Space 3. Plaza Naming Rights 4. Parks Foundation Conclusion: Total revenue is variable and uncertain. Revenue could defray cost, but likely would not fully cover cost of additional maintenance staff. City of Tigard Universal Plaza Potential Business Plan December 4,2018 Potential Revenue Enhancement Strategies Food Cart Rental Space Strategy Seek an additional revenue source through leasing designated space within Universal Plaza to food cart operators. Recommendation The City should pursue new revenue opportunities by identifying and leasing rental space within Universal Plaza to local food cart businesses. In order to avoid potential conflict,the City should adopt an application process for the rental space with criteria stipulating that only tenants who do not directly compete with downtown food businesses will be considered. Staff recommends incorporating an area within the Universal Plaza design that can accommodate food carts and leasing this space to food cart operators for$600 per month per food cart. Policy Issues Pre-existing restaurants and food carts operators within downtown Tigard could negatively respond to the City leasing space to food carts,which could be viewed as negatively impacting business by increasing competition.This issue could be mitigated by the non-compete criteria mentioned above. Discussion Additional City staff time would be required to facilitate this revenue strategy.This revenue strategy would also likely require additional setup and ongoing maintenance costs in order to be operational. Setup and ongoing maintenance expenses are currently being researched by staff and will be incorporated into this recommendation to determine the amount of revenue that could be generated by this strategy. Alternatives • Do not pursue renting space within Universal Pla.Za to food cart operators. Background City staff conducted a market survey to determine the average monthly rental rate for space within a food cart "pod" (a pod is a group of three or more food carts located within a single property).This market survey included seven food cart pods,five located in Portland,one located in Milwaukie,and one in Tigard.The market survey revealed a low rental rate of$500/month and a high rate of$795/month,with an average monthly rental rate of$564.The Tigard food cart pod rents space for between$600 and$750 per month. Most food cart pods in the region include water,electricity,garbage and recycling in the monthly rental rate, and include a covered seating area for patrons. City of Tigard Universal Plaza Potential Business Plan December 4.2018 Potential Revenue Enhancement Strategies Public Rental Space Strategy Seek an additional revenue source through renting Universal Plaza and shelter area to the public. Recommendation The City should pursue new revenue opportunities by identifying,pricing,and renting the Universal Plaza for public use. • Rental could run from April through October. o Suggested rates for shelter ■ $70 an hour Tigard resident ■ $100 an hour for non-residents o Suggested rates for Plaza ■ $400 an hour Tigard residents ■ $600 an hour for non-residents o Application fee$50 o Cleaning fee's range from$50 to$100 depending on rental. o $400 refundable deposit Policy Issues • Part or all of the plaza would be closed for public use during rental period. • Staff will be needed to track rentals and paperwork. Alternatives • Hire contractor to run rental program. • Not run a rental program Background City staff conducted research on local rental rates comparable to the size of the plaza that is being built. Prices for plazas range depending on the size and features of the space. City of Tigard Universal Plaza Potential Business Plan December 4,2018 Potential Revenue Enhancement Strategies Plaza and/or Amenities Naming Rights Strategy Seek additional revenue source by pursuing corporate partnerships,naming rights and advertising opportunities at the Universal Plaza.Naming rights,along with other premier sponsorship levels,would be multiyear investments.Parks and recreation provides a refreshing avenue to connect to community,build brand loyalty,and get product in the hand of targeted consumers. Recommendation If the City moved forward with any of these options then we would need to:Issue a RFP to outsource professional development, solicitation and selling of naming rights OR create an internal task force to determine market value,sponsorship value,ads and selling team.The City would also need to create specifications and a bidding process for potential buyers. Policy Issues Cons:The public can react negatively to the concept of advertising and sponsoring community facilities such as public parks.In addition,corporate partnerships can cause potential conflicts with sponsorship of prospective special events. Criteria for such activities must be established in advance to avoid inappropriate advertising in parks or similar concerns. Pros:Millennials and Gen Z view corporate sponsorship most favorably because they've only known a world of brand interaction. Sponsorship of parks and plazas provides access to the community,and naming rights of splash pads and water facilities in particular gains access to neighboring communities and visitors. Discussion There are several options for identifying and pricing naming right opportunities for the Plaza. Pla-Za Naming Right,. Recommendation: 5-year-to 20-year terms-$$$-$$$$ • Pros.-Ability to renegotiate and reprice to new market value,limit staff time to once every XX amount of years,first right of refusal for multi-year agreements. • Cons.Sustained staff time is still needed,potential to not find sponsor,might confuse public,cost of changing signage,competitive market for sponsorship dollars. Not Recommended: Lifelong Naming Rights-$$$$$$ • Pros.One-time lump sum,staff time is limited to front end investment only,no public misperception of changing names. • Cons.-One-time lump sum,no additional revenue created,Plaza name might become obsolete depending on company sponsoring or no longer relevant in coming years. Annual—$$ City of Tigard Universal Plaza Potential Business Plan December 4 2018 • Pros:potential to collect more revenue,yearly source of income,first right of refusal for multi-year agreements. • Cons:need to go out for sponsors yearly,cost of changing signage yearly,more staff time needed, potential to not find a sponsor,might confuse public,competitive market for sponsorship dollars. Amenities Naming ligbts•U-$$$/5-20years Restrict naming rights to Plaza elements only such as Amphitheaters,pavilions, stages,etc. • Pros:more of a"natural fit",more appealing to sponsors to fund elements that provide community value,ability to renegotiate and reprice to new market value,no public misperception of changing names. • Cons:elements of the Plaza are not currently known,might confuse public if multiple elements are sponsored throughout the Plaza,competitive market for sponsorship dollars,lower revenue opportunity. Other Consideration: • Staff ff time—Staff with specific skills will be needed to pursue,secure and carry out sponsorship agreements.This could be a one-time cost or a multi-year need. • Signage-Cost of creating and producing signage to help designate Plaza name should be either rolled into the sponsor agreement(which will minimize total revenue received) or be paid by the sponsor in addition to the sponsorship.Restrictions and specifications as to what type and size of signage is allowed. • Publicperception—potential opposition commercial signage of a public park paid for with urban renewal tax dollars Background The City could pursue sponsorship and advertising opportunities at the Universal Plaza by identifying and pricing naming right opportunities.These ideas must be careful screened to ensure compatibility with the use and enjoyment of the public park. City of Tigard Universal Plaza Potential Business Plan December 4,2018 Potential Revenue Enhancement Strategies Parks Foundation Strategy Create a non-profit foundation to secure donations in support of Universal Plaza system operations. With a mission to raise funds to preserve,protect and maintain parks and open spaces. Through funding parks and park programs through corporate partnerships,providing scholarships for fee- based classes to families in need,and working with neighborhood and community groups who support or conduct activities in the city's parks. Recommendation The City would encourage interested individuals or third parties to create a non-profit Parks Foundation to establish a new source of private funding for the Universal Plaza's facilities and programs. Creating a Parks Foundation as a 501(c)(3) nonprofit,public benefit corporation supporting parks,recreation and programs and facilities in the City of Tigard. Policy Issues The City may need to assist in the formation of a privately funded foundation including setting up Articles of Incorporation and identifying board members. Discussion The parks Foundation would be able to receive unrestricted or restricted donations from individuals, company-associated foundations,or other grant making bodies. Creation of a Parks Foundation would provide a new source of non-tax revenue to fund Universal Plaza facilities and programs from individuals and entities that might not otherwise fund projects of a government agency.With 501(c)3 tax status,a Parks Foundation would serve as the recipient of tax-deductible contributions or as a conduit("pass-through") for payment of expenses for a parks project. A Parks Foundation provides a formal,proactive approach to directly tap into the passion of individuals who use and care about parks,as well as corporations,other foundations,and grant agencies dedicated to quality of life enhancement. Foundations are a valuable tool for preserving and restoring open space and habitat,renovating facilities,funding capital projects,generating revenue for operations and maintenance,maintaining recreation programs,and supporting special events. Foundations can operate with more flexibility than a government agency. Foundation trustees and staff can help build community support for projects and programs. However,a Parks Foundation might have a broader mission and framework than only serving the Universal Plaza and amount of revenue generation is unknown. Background Staff researched foundations, "friends of",and other support organizations that have been formed throughout the U.S.in recent years at the federal, state,county,and city level.Tigard already has a few"friends of groups including Friends of Bull Mountain Park and Friends of the Tigard Library. PRAB is also an important sounding board and source of community support for the park system, financial and otherwise. AIS-3667 6. Business Meeting One Meeting Date: 12/04/2018 Length(in minutes):25 Minutes Agenda Title: Legislative Public Hearing: Consider an Ordinance Related to Utility Services in Public Rights-of-Way Prepared For: Brian Rager,Public Works Submitted By: Brian Rager,Public Works Item Type: Ordinance Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Shall the Tigard City Council consider repealing and replacing Tigard Municipal Code Chapter 15.06 and changing the title to, "Utility Services in Public Rights-of-Way"? STAFF RECOMMENDATION/ACTION REQUEST Staff recommends the council adopt the new ordinance which will repeal and replace TMC Chapter 15.06. KEY FACTS AND INFORMATION SUMMARY The City has constitutional and charter authority to manage its rights of way and receive compensation for use of its rights of way consistent with applicable federal and state law. For utility companies specifically,where their lines,equipment or other parts of their utilities are placed within public rights of way,TMC Chapter 15.06 governs. Up to this point,the practice has generally been to individually negotiate franchise agreements which include terms of use and compensation for that use. Many other metro-area cities, such as Beaverton,Milwaukie, Oregon City,and Happy Valley have been moving towards a"right of way license" approach versus franchise agreements. Staff believes the City can more effectively,efficiently, fairly,and uniformly manage its rights of way and provide consistent standards for utility use through licenses instead of individual franchise agreements. Staff has shared the proposed"Utility Services in Public Rights-of-Way" code with all utility companies that either have existing franchise agreements with the City or have expressed interest in acquiring a franchise agreement. Four utilities submitted comments;staff have reviewed those suggestions and incorporated them into the proposed code,as described in the attached memo. OTHER ALTERNATIVES The council could choose to direct staff to make revisions to the proposed new right of way license code or leave the existing TMC 15.06 in place and the city would continue to negotiate individual franchises. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the council will discuss this matter. Fiscal Impact Fiscal Information: The existing Franchised Utility Ordinance (current Chapter 15.06) allows the City to charge a"Right of Way Usage Fee". The replacement of TMC Chapter 15.06 will allow the Council the ability to set a "Rights of Way Fee". Staff will bring a proposed fee structure to the council early in calendar year 2019. Attachments Ordinance Attachment A Memo re Accepted Utility Comments CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 15.06 TO REPLACE TIGARD'S FRANCHISED UTILITY ORDINANCE WITH A UTILITY SERVICES IN PUBLIC RIGHTS-OF-WAY ORDINANCE WHEREAS,the City of Tigard has constitutional and charter authority to manage its rights of way and receive compensation for use of the rights of way consistent with applicable federal and state law;and WHEREAS, in the past, the City has granted individually-negotiated franchises to each utility using the City's rights of way which include the terms of use and compensation for such use;and WHEREAS, the City has determined that it can more effectively, efficiently, fairly, and uniformly manage the City's rights of way and provide consistent standards for utility use of the rights of way through licenses instead of franchises;and WHEREAS,the City Council finds the proposed code amendments are in the public interest. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Chapter 15.06 of the Tigard Municipal Code to replace Tigard's "Franchised Utility Ordinance" with the "Utility Services in Public Rights-of-Way Ordinance,"as shown on the attached Exhibit A. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of ,2018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of 32018. Approved as to form: John L. Cook,Mayor City Attorney Date ORDINANCE No. 18- Page 1 Exhibit A TIGARD MUNICIPAL CODE Chapter 15.06 UTILITY SERVICES IN those rights-of-way held in trust by the city PUBLIC RIGHTS-OF-WAY consistent with applicable state and federal law; Sections: B. Assure that the city's current and ongoing costs of granting and regulating access to 15.06.010 Short Title and the use of the rights-of-way are fully 15.06.020 Purpose and Intent compensated by the persons seeking such access 15.06.030 Jurisdiction and causing such costs; 15.06.040 Regulatory Fees and Compensation Not a Tax C. Secure fair and reasonable 15.06.050 Definitions compensation to the city and its residents for 15.06.060 Registration permitting use of the rights-of-way by persons 15.06.070 Licenses who generate revenue by placing, owning, or 15.06.080 Construction and Restoration operating facilities therein; 15.06.090 Location of Facilities 15.06.100 Leased Capacity D. Assure that all utility companies, 15.06.110 Maintenance persons, and other entities owning or operating 15.06.120 Vacation facilities or providing services within the city 15.06.130 Rights-of-Way Fee register and comply with the ordinances, rules, 15.06.140 Audits and Records and regulations of the city; 15.06.150 Insurance and Indemnification 15.06.160 Compliance E. Assure that the City can continue to 15.06.170 Confidential/Proprietary fairly and responsibly protect the public health, Information safety and welfare of its residents, and assure the 15.06.180 Penalties structural integrity of its rights-of-way when a 15.06.190 Violations primary cause for the early and excessive 15.06.200 Severability and Preemption deterioration of the rights-of-way is their frequent 15.06.210 Application to Existing excavation by persons whose facilities are located Agreements therein; 15.06.010 Short Title F. Encourage the provision of advanced and competitive utility services on the widest This chapter will be known and referred to as possible basis to businesses and residents of the the Utility Service in Public Rights-of-Way city; and Ordinance. G. Comply with applicable provisions of 15.06.020 Purpose and Intent state and federal law. The purpose and intent of this chapter is to: 15.06.030 Jurisdiction A. Permit and manage reasonable access to A. The city has jurisdiction and exercises the rights-of-way of the city for utility purposes regulatory management over all rights-of-way and conserve the limited physical capacity of 15-06-1 Exhibit A TIGARD MUNICIPAL CODE within the city under authority of the city charter the property tax limitations of Article XI, Sections and state law. 11 and l lb of the Oregon Constitution. These fees or taxes are not imposed on property or property B. The City has jurisdiction and exercises owners. regulatory management over each right-of-way whether the city has a fee,easement, or other legal C. The fees and costs provided for in this interest in the right-of-way, and whether the legal chapter are subject to applicable federal and state interest in the right-of-way was obtained by grant, laws. dedication, prescription, reservation, condemnation, annexation, foreclosure or other 15.06.050 Definitions means. For the purpose of this chapter the following C. The exercise of jurisdiction and terms, phrases, words and their derivations have regulatory management of a right-of-way by the the meaning given herein. When not inconsistent city is not official acceptance of the right-of-way, with the context, words not defined herein have and does not obligate the city to maintain or repair the meaning set forth in the Communications Act any part of the right-of-way. of 1934, as amended; the Cable Act; and the Telecommunications Act. If not defined in those D. The provisions of this chapter are statutes, the words will be given their common subject to and will be applied consistent with and ordinary meaning. When not inconsistent applicable state and federal laws, rules, and with the context, words used in the present tense regulations, and to the extent possible, will be include the future, words in the plural number interpreted to be consistent with such laws, rules, include the singular number and words in the and regulations. singular number include the plural number. The word "will" is mandatory and "may" is 15.06.040 Regulatory Fees and permissive. Compensation Not a Tax "Cable Act" means the Cable A. The fees and costs provided for in this Communications Policy Act of 1984, 47 U.S.C. chapter, and any compensation charged and paid Section 521, et seq., as now and hereafter for use of the rights-of-way provided for in this amended. chapter, are separate from, and in addition to, any and all other federal, state, local and city charges, "Cable service" is to be defined consistent including, but not limited to, any permit fee, or with Federal laws and means the one-way any other generally applicable fee, tax or charge transmission to subscribers of. (1) video on the business, occupation, property or income, programming, or (2) other programming service; as may be levied, imposed or due from a utility and subscriber interaction, if any, which is operator, its customers or subscribers, or on required for the selection or use of such video account of the lease, sale, delivery or transmission programming or other programming service. of utility services. "City" means the City of Tigard, an Oregon B. The city has determined that any fee or municipal corporation, and individuals authorized tax provided for by this chapter is not subject to to act on the city's behalf. 15-06-2 Exhibit A TIGARD MUNICIPAL CODE "City council" means the elected governing "Emergency" means a circumstance in which body of the City of Tigard,Oregon. immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or "City facilities" means city or publicly prevent immediate harm to persons or property. owned structures or equipment located within the rights-of-way or public easement used for "Gross revenue" means any and all amounts, governmental purposes. of any kind,nature, or form,without deduction for expense, less net uncollectables, derived from the "City property" means and includes all real operation of utility facilities in the city and the property owned by the city, other than public provision of utility service in the city, subject to rights-of-way and utility easements, as those are all applicable limitations in state and federal law. defined herein; all property held in proprietary capacity by the city. "License"means the authorization granted by the city to a utility operator pursuant to this "City standards" means the applicable chapter. engineering and public improvement design standards in effect at the time of any work subject "Person" means and includes any individual, to this chapter. firm, sole proprietorship, corporation, company, partnership, co-partnership, joint-stock company, "Communications services" means any trust, limited liability company, association, local service provided for the purpose of transmission service district, governmental entity, or other of information including,but not limited to, voice, organization, including any natural person or any video or data, without regard to the transmission other legal entity. protocol employed, whether or not the transmission medium is owned by the provider "Private communications system" means a itself. Communications services includes all forms system, including the construction, maintenance of telephone services and voice, video, data or or operation of the system, for the provision of a information transport, but does not include: (1) service or any portion of a service which is owned cable service; (2) open video system service, as or operated exclusively by a person for their use defined in 47 C.F.R. 76; (3) over-the-air radio or and not for sale or resale, including trade, barter television broadcasting to the public-at-large from or other exchange of value, directly or indirectly, facilities licensed by the Federal Communications to any person. Commission or any successor thereto; (4) public communications systems; and (5) direct-to-home "Public communications system" means any satellite service within the meaning of Section 602 system owned or operated by a government entity of the Telecommunications Act. or entities for their exclusive use for internal communications or communications with other "Construction" means any activity in the government entities, and includes services public right-of-way resulting in physical change provided by the State of Oregon pursuant to thereto, including excavation or placement of ORS 283.140. "Public communications system" structures. does not include any system used for sale or resale, including trade,barter or other exchange of "Days" means calendar days, unless value, of communications services or capacity on otherwise specified. the system,directly or indirectly,to any person. ]5-06-3 Exhibit A TIGARD MUNICIPAL CODE "Public works director" means the public plants, antennas, equipment and other facilities, works director for the City of Tigard or any located within, under or above the rights-of-way, designee. any portion of which is used or designed to be used to deliver, transmit or otherwise provide "Public utility easement" means the space in, utility service. upon, above, along, across, over or under an easement for the construction, reconstruction, "Utility operator" or "operator" means any operation, maintenance, inspection and repair of person who owns, places, operates or maintains a utility facilities. "Public utility easement" does not utility facility within the city. include an easement (1) that has been privately acquired by a utility operator; (2) solely for the "Utility provider" or "provider" means any construction, reconstruction, operation, person who provides utility service to customers maintenance, inspection and repair of city within the city limits,whether or not any facilities facilities; or (3) where the proposed use by the in the right-of-way are owned by such provider. utility operator is inconsistent with the terms of another easement granted to the city that applies "Utility service" means the provision, by to the same location. means of utility facilities permanently located within, under or above the rights-of-way, whether "Rights-of-way" means and includes, but is or not such facilities are owned by the service not limited to, the space in, upon, above, along, provider, of electricity, natural gas, across, over or under the public streets, roads, communications services, cable services, water, highways, lanes, courts, ways, alleys, boulevards, sewer, or storm sewer, to or from customers bridges, trails, paths, sidewalks, bicycle lanes, within the corporate boundaries of the city, or the public utility easements and all other public ways transmission of any of these services through the or areas, including the subsurface under and air city whether or not customers within the city are space over these areas,but does not include parks, served by those transmissions. parkland or other city property not generally open to the public for travel. This definition applies "Work" means the construction, demolition, only to the extent of the city's right, title, interest installation, replacement, repair, maintenance or and authority to grant a license to occupy and use relocation of any utility facility, including but not such areas for utility facilities. limited to any excavation and restoration required in association with such construction, demolition, "State"means the State of Oregon. installation, replacement, repair, maintenance or relocation. "Telecommunications Act" means the Communications Act of 1934, as amended by 15.06.060 Registration subsequent enactments including the Telecommunication Act of 1996 (47 U.S.C., 151 Every person who desires to provide utility et seq.)and as hereafter amended, services to customers within the city must register with the City prior to providing any utility "Utility facility" or "facility" means any services to any person in the city or using any physical component of a system or network, facilities, in compliance with Tigard Municipal including but not limited to the poles, pipes, Code 5.04. mains, conduits, ducts, cables, wires, transmitters, 15-06-4 Exhibit A TIGARD MUNICIPAL CODE 15.06.070 Licenses D. Determination by City. The city will issue, within a reasonable period of time, a written A. License Required. determination granting or denying the license in whole or in part. If the license is denied, the 1. Except those utility operators and written determination will include the reasons for providers with a valid franchise agreement from denial. The license will be evaluated based upon the city, every person must obtain a license from the provisions of this chapter, the continuing the city prior to conducting any work in or using capacity of the rights-of-way to accommodate the the rights-of-way. applicant's proposed utility facilities and the applicable federal, state and local laws, rules, 2. Every person that owns or controls regulations and policies. utility facilities in the rights-of-way as of the effective date of this chapter must apply for a E. Franchise Agreements. If the public license from the city within 45 days of the later of: interest warrants, the city and utility operator or (a) the effective date of this chapter, or (b) the provider may enter into a written franchise expiration of a valid franchise from the city, agreement that includes terms that clarify, unless a new franchise is granted by the city enhance, expand, waive or vary the provisions of pursuant to subsection E of this section. this chapter, consistent with applicable state and federal law. The franchise may conflict with the B. License Application. The license terms of this chapter with the review and approval application will be on a form provided by the city, of the city council. The franchise will be subject and must be accompanied by any additional to the provisions of this chapter to the extent such documents required by the application to identify provisions are not in conflict with any such the applicant, its legal status, including its franchise. In the event of a conflict between the authorization to do business in Oregon, a express provisions of a franchise and this chapter, description of the type of utility service provided the franchise will control. or to be provided by the applicant, the facilities and ownership of facilities over which the utility F. Rights Granted. service will be provided, and other information reasonably necessary to determine the applicant's 1. The license granted hereunder ability to comply with the terms of this chapter. If authorizes and permits the licensee, subject to the the applicant is proposing to attach to facilities provisions of the city code and other applicable other than city-owned infrastructure, the applicant provisions of state or federal law, to construct, must include an authorization from the facility place, maintain and operate utility facilities in the owner. In the event the information submitted on rights-of-way for the term of the license for the the application changes after the issuance of a provision of utility service(s) authorized in the license, the licensee must notify the city of such license. In the event the licensee offers different changes within 30 days of the change. service(s) than those authorized in the license, the licensee will inform the city of such changes no C. License Application Fee. The longer than 30 days after the change. application must be accompanied by a nonrefundable application fee or deposit set by 2. Any license granted pursuant to resolution of the city council. this chapter does not convey equitable or legal 15-06-5 Exhibit A TIGARD MUNICIPAL CODE title in the rights-of-way, and may not be assigned 1. Reservation of City Rights. Nothing in or transferred except as permitted in subsection K the license prevents the city from grading, paving, of this section. repairing or altering any rights-of-way, constructing, laying down, repairing, relocating or 3. Neither the issuance of the license removing city facilities or establishing any other nor any provisions contained therein constitutes a public work, utility or improvement of any kind, waiver or bar to the exercise of any governmental including repairs, replacement or removal of any right or power, including without limitation the city facilities. If any of licensee's utility facilities police power or regulatory power of the city, as it interfere with the construction, repair, may exist at the time the license is issued or replacement, alteration or removal of any rights- thereafter obtained. of-way, public work, city utility, city improvement or city facility, except those G. Term. Subject to the termination providing utility services in competition with a provisions in subsection M of this section, the licensee, licensee's facilities will be removed or license granted pursuant to this chapter will be relocated as provided in TMC 15.06.090, in a effective as of the date it is issued by the city or manner acceptable to the city and consistent with the date services began, whichever comes first, industry standard engineering and safety codes. and will have a term of five (5) calendar years beginning: (1)January I'of the year in which the J. Multiple Services. license took effect for licenses that become effective between January 1 S` and June 30'h; or(2) 1. A utility provider that provides or January ls` of the year after the license took effect transmits or allows the provision or transmission for licenses that become effective between July I' of utility services and other services over its and December 31st. facilities is subject to the license and right-of-way fee requirements of this chapter for the portion of H. License Nonexclusive. No license the facilities and extent of utility services granted pursuant to this section confers any delivered over those facilities. Nothing in this exclusive right, privilege, license or franchise to subsection J.1. requires a utility operator to pay occupy or use the rights-of-way for delivery of the license, registration or right-of-way fee utility services or any other purpose. The city requirements owed to the city by a third party expressly reserves the right to grant licenses, using the utility operator's facilities. franchises or other rights to other persons, as well as the city's right to use the rights-of-way, for 2. A utility provider that provides or similar or different purposes. The license is transmits more than one utility service to subject to all recorded deeds, easements, customers in the city is not required to obtain a dedications, conditions, covenants, restrictions, separate license or franchise for each utility encumbrances and claims of title of record that service; provided,that it gives notice to the city of may affect the rights-of-way. Nothing in the each utility service provided or transmitted and license grants, conveys, creates, or vests in pays the applicable rights-of-way fee for each licensee a real property interest in land, including utility service. any fee,leasehold interest or easement. K. Transfer or Assignment. To the extent allowed by applicable state and federal laws, the 15-06-6 Exhibit A TIGARD MUNICIPAL CODE licensee must obtain the written consent of the M. Termination. city prior to the transfer or assignment of the license; such consent will not be unreasonably 1. Revocation or Termination of a withheld. The license may not be transferred or License. The city council may terminate or revoke assigned unless the proposed transferee or the license granted pursuant to this chapter for any assignee is authorized under all applicable laws to of the following reasons: own or operate the utility facilities or provide the utility service authorized under the license and the a.Violation of any of the transfer or assignment is approved by all agencies provisions of this chapter; or organizations required or authorized under federal and state laws to approve such transfer or b.Violation of any provision of the assignment. If a license is transferred or assigned, license; the transferee or assignee becomes responsible for fulfilling all the obligations under the license. A c. Misrepresentation in a license transfer or assignment of a license does not extend application; the term of the license. d. Failure to pay taxes, L. Renewal. At least 30, but no more than compensation, fees or costs due the city after final 120, days prior to the expiration of a license determination by the city of the taxes, granted pursuant to this section, a licensee seeking compensation, fees or costs; renewal of its license must submit a license application to the city, including all information e.Failure to restore the rights-of- required in subsection B of this section and the way after construction as required by this chapter application fee required in subsection C of this or other applicable state and local laws, section. The city will review the application as ordinances,rules,and regulations; required by subsection D of this section and grant or deny the license within 90 days of submission f. Failure to comply with technical, of the application, or such shorter period of time safety and engineering standards related to work as may be required by law. If the city determines in the rights-of--way;or that the licensee is in violation of the terms of this g. Failure to obtain or maintain any chapter at the time it submits its application, the city may require that the licensee cure the and all licenses, permits, certifications and other violation or submit a detailed plan to cure the authorizations required by state or federal law for violation within a reasonable period of time, as the placement, maintenance or operation of the determined by the city, before the city will utility facilities. consider the application or grant the license. If the city requires the licensee to cure or submit a plan 2• Standards for Revocation or Termination. In determining whether termination, to cure a violation, the city will grant or deny the license application within 90 days of confirming revocation or some other sanction is appropriate, the following factors will be considered: that the violation has been cured or of accepting the licensee's plan to cure the violation. a. Whether the violation was intentional; 15-06-7 Exhibit A TIGARD MUNICIPAL CODE b. The egregiousness of the federal, state and local codes, rules, and violation; regulations in effect at the time of the work, including without limitation the National c. The harm that resulted; Electrical Code, the National Electrical Safety Code, Tigard Development Code 18.910, and the d. The licensee's history of city's Public Works Improvement Design compliance; and Standards. e. The licensee's cooperation in B. Construction Permits. No person may discovering, admitting and curing the violation. perform any work on utility facilities within the rights-of-way without first obtaining a right-of- 3. Notice and Cure. The city will give way permit pursuant to TMC 15.04. the utility operator written notice of any apparent Notwithstanding, for routine maintenance or violations before terminating a license. The notice repair that does not alter or disturb the right-of- will include a clear and concise statement of the way, such as replacement of a light fixture or nature and general facts of the violation or trimming of trees,the city may elect to not require noncompliance and provide a reasonable time (no a right-of-way permit provided the city receives less than 20 and no more than 40 days) for the notice of the planned maintenance repair, along utility operator to demonstrate that the utility with emergency contact information, as soon as operator has remained in compliance, that the reasonably practical. utility operator has cured or is in the process of curing any violation or noncompliance, or that it 15.06.090 Location of Facilities would be in the public interest to impose a penalty or sanction less than termination or revocation. If A. Location of Facilities. All utility the utility operator is in the process of curing a operators are required to make a good faith effort violation or noncompliance, the utility operator to both cooperate with and coordinate their must demonstrate that it acted promptly and construction schedules with those of the city and continues to actively work on compliance. If the other users of the rights-of-way. utility operator does not respond,the public works director may refer the matter to the city council, B. Unless otherwise agreed to in writing by which will provide a duly noticed public hearing the city, whenever any existing electric utilities, to determine whether the license will be cable facilities or communications facilities are terminated or revoked. located underground within a right-of-way of the city, a utility operator with permission to occupy 4. Termination by Licensee. If a the same right-of-way will locate its new facilities licensee ceases to use the city's rights of way, the underground at its own expense. This requirement licensee may terminate its license upon 30-days' does not apply to facilities used for transmission notice to the city. of electric energy at nominal voltages in excess of 35,000 volts or to antennas, streetlight poles, 15.06.080 Construction and Restoration pedestals, cabinets or other above-ground equipment of any utility operator. No such above- A. Construction Codes. Utility facilities ground equipment, or any aerial facilities other must be constructed, installed, operated and than electric energy transmission wires in excess maintained in accordance with all applicable 15-06-8 Exhibit A TIGARD MUNICIPAL CODE of 35,000 volts, may be constructed without the to such failure, including but not limited to costs written approval of the city, in addition to the related to project delays, and the city may cause, permit required by TMC 15.06.080.13. using qualified workers in accordance with applicable state and federal laws and regulations, C. Interference with the Rights-of-Way.No the utility facility to be removed, relocated, utility operator or other person may locate or changed, altered or undergrounded at the utility maintain its facilities so as to unreasonably operator's sole expense.Upon receipt of a detailed interfere with the use of the rights-of-way by the invoice from the city, the utility operator will city, by the general public or by other persons reimburse the city within 30 days for the costs the authorized to use or be present in or upon the city incurred. rights-of-way. All use of the rights-of-way must be consistent with city codes, ordinances, rules, E. Removal of Unauthorized Facilities. and regulations. 1. Unless otherwise agreed to in D. Relocation of Utility Facilities. writing by the city, within 30 days following written notice from the city or such other time 1. When requested to do so in agreed to in writing by the city, a utility operator writing by the city, a utility operator will, at no and any other person that owns, controls or cost to the city, temporarily or permanently maintains any abandoned or unauthorized utility remove, relocate, change or alter the position of facility within a right-of-way will, at its own any utility facility within a right-of-way, including expense, remove the facility and restore the right- relocation of aerial facilities underground, except of-way to city standards. those facilities not required to be located underground pursuant to TMC 15.06.090.B. 2. A utility facility, or any portion of the facility, is unauthorized under any 2. Nothing herein precludes the of the following circumstances: utility operator from requesting reimbursement or compensation from a third party, pursuant to a. The utility facility is applicable laws,regulations,tariffs or agreements. outside the scope of authority granted by the city However, the utility operator must timely comply under the license, franchise or other written with the requirements of this section regardless of agreement. This includes facilities that were never whether or not it has requested or received such licensed or franchised and facilities that were once reimbursement or compensation. licensed or franchised but for which the license or franchise has expired or been terminated. This 3.The City will coordinate the does not include any facility for which the city has schedule for relocation of utility facilities and provided written authorization for abandonment in based on such effort, provide written notice of the place. time by which the utility operator must remove, relocate, change, alter or underground its b. The facility has been facilities. If a utility operator fails to remove, abandoned and the city has not provided written relocate, change, alter or underground any utility authorization for abandonment in place. A facility facility as requested by the city and by the date is abandoned if it is not in use and is not planned reasonably established by the city, the utility for further use. A facility will be presumed operator will pay all costs incurred by the city due abandoned if it is not used for a period of one 15-06-9 Exhibit A TIGARD MUNICIPAL CODE year. A utility operator may attempt to overcome and any administrative costs incurred by the city this presumption by presenting plans for future in removing the facility and obtaining use of the facility to the city,which will determine reimbursement. Upon receipt of a detailed invoice application of the presumption in its sole from the city, the utility operator will reimburse discretion. the city for the costs the city incurred within 30 days. The obligation to remove survives c. The utility facility is termination of the license or franchise. improperly constructed or installed or is in a location not permitted by the construction permit, 3. The city is not be liable to any license, franchise or this chapter. utility operator for any damage to utility facilities, or for any consequential losses resulting directly d. The utility operator is in or indirectly therefrom, by the city or its violation of a material provision of this chapter contractor in removing, relocating or altering the and fails to cure such violation within 30 days of facilities pursuant to subsection D, E, or F of this the city sending written notice of such violation, section or undergrounding its facilities as required unless the city extends such time period in by subsection B of this section, or resulting from writing. the utility operator's failure to remove, relocate, alter or underground its facilities as required by F. Removal by City. those subsections, unless such damage arises directly from the city's negligence or willful 1. The city retains the right and misconduct. privilege to cut or move any utility facilities located within the rights-of-way of the city, G. Engineering Designs and Plans. The without notice, as the city may determine to be utility operator will, at no cost to the city, provide necessary, appropriate or useful in response to a the city with two complete sets of as-built plans in public health or safety emergency. The city will a form acceptable to the city showing the location use qualified personnel or contractors consistent of all its utility facilities in the rights-of-way after with applicable state and federal safety laws and initial construction if the utility operator's regulations to the extent reasonably practicable engineered plans materially changed during without impeding the city's response to the construction. The utility operator will provide two emergency. The city will attempt to notify the updated complete sets of as-built plans upon utility operator of any cutting or moving of request of the city and at no cost to the city, but facilities prior to doing so. If such notice is not not more than once per year. Utility provider will practical, the city will notify the utility operator as also provide, at no cost to the city, a soon as reasonably practical after resolution of the comprehensive map showing the location of any emergency. facilities in the city. Such map will be provided in a format acceptable to the city with accompanying 2. If the utility operator fails to data sufficient for the city to determine the exact remove any facility when required to do so under location of facilities (GIS). The city may not this chapter, the city may remove the facility request such information more than once per using qualified personnel or contractors consistent calendar year. with applicable state and federal safety laws and regulations, and the utility operator will be responsible for paying the full cost of the removal 15-06-10 Exhibit A TIGARD MUNICIPAL CODE 15.06.100 Leased Capacity will make a reasonable effort to do provided that there is no expense to the city; or the utility A utility operator may lease capacity on or in operator obtains an easement for its facilities. If its facilities to others, provided that, upon request, the utility operator fails to remove its facilities the utility operator provides the city with the name within 90 days after a right-of-way is vacated, or and business address of any lessee. A utility as otherwise directed or agreed to in writing by operator is not required to provide such the city, the city may remove the facilities using information if disclosure is prohibited by qualified workers in accordance with state and applicable law or a valid agreement between the federal laws and regulations at the utility utility operator and the lessee, provided that the operator's sole expense.Upon receipt of a detailed utility operator requires that all lessees have invoice from the city, the utility operator will obtained proper authority, in the form of a permit, reimburse the city within 30 days for the costs the license, or franchise from the city before leasing city incurred. capacity on its system. 15.06.130 Rights-of-Way Fee 15.06.110 Maintenance A. Except as provided in subsection B of A. Every utility operator will install and this section, every person that owns utility maintain all facilities in a manner that complies facilities in the city and every person that uses with applicable federal, state and local laws,rules, utility facilities in the city to provide utility regulations and policies. The utility operator will, service, whether or not the person owns the utility at its own expense, repair and maintain facilities facilities used to provide the utility services, must from time to time as may be necessary to pay the rights-of-way fee for every utility service accomplish this purpose. provided using the rights-of-way in the amount determined by resolution of the city council. B. If, after written notice from the city of the need for repair or maintenance, a utility B. A utility operator whose only facilities operator fails to repair and maintain facilities as in the rights-of-way are facilities mounted on requested by the city and by the date reasonably structures within the rights-of-way, which established by the city, the city may perform such structures are owned by another person, and with repair or maintenance using qualified personnel or no facilities strung between such structures or contractors at the utility operator's sole expense. otherwise within, under or above the rights-of- Upon receipt of a detailed invoice from the city, way, will pay the attachment fee set by city the utility operator will reimburse the city for the council resolution for each attachment. Unless costs the city incurred within 30 days. otherwise agreed to in writing by the city, the fee will be paid quarterly, in arrears, within 45 days 15.06.120 Vacation after the end of each calendar quarter, and will be accompanied by information sufficient to If the city vacates any rights-of-way, or illustrate the calculation of the amount payable. portion thereof, that a utility operator uses, the utility operator will, at its own expense, remove C. Unless otherwise agreed to in writing by its facilities from the rights-of-way unless the city the city, the fee set forth in subsection A of this reserves a public utility easement, which the city section will be paid quarterly, in arrears, for each quarter during the term of the license within 45 15-06-11 Exhibit A TIGARD MUNICIPAL CODE days after the end of each calendar quarter, and 2. Every utility operator will make will be accompanied by an accounting of gross available for inspection by the city at reasonable revenues, if applicable, and a calculation of the times and intervals all maps, records, books, amount payable. diagrams, plans and other documents maintained by the utility operator with respect to its facilities D. The calculation of the rights-of-way fee within the rights-of-way. Access will be provided required by this section is subject to all applicable within the city unless prior arrangement for access limitations imposed by federal or state law. elsewhere has been made with the city. E. The city reserves the right to enact other B. If the city conducts an audit and the fees and taxes applicable to the utility operators city's audit of the books, records and other subject to this chapter. Unless expressly permitted documents or information of the utility operator or by the city in enacting such fee or tax, or required utility service provider demonstrates that the by applicable state or federal law, no utility utility operator or provider has underpaid the operator may deduct, offset or otherwise reduce or rights-of-way fee or franchise fee by three percent avoid the obligation to pay any lawfully enacted or more in any one year, the utility operator will fees or taxes based on the payment of the rights- reimburse the city for the cost of the audit, in of-way fee or any other fees required by this addition to any penalties owed pursuant to TMC chapter. 15.06.180 or as specified in a franchise. G. Acceptance of any payment will not be C. Any underpayment, including any construed as accord that the amount paid is in fact penalty or audit cost reimbursement, will be paid the correct amount, nor may such acceptance of within 30 days of the city's notice to the utility payment be construed as a release of any claim operator or provider of such underpayment. the city may have for further or additional sums payable. 15.06.150 Insurance and Indemnification 15.06.140 Records and Audits A. Insurance. A. Within 30 days of a written request from 1. All utility operators will maintain the city, or as otherwise agreed to in writing by in full force and effect the following liability the city: insurance policies that protect the utility operator and the city, as well as the city's officers, agents, 1. Every utility operator or provider and employees as additional insureds: of utility service will furnish the city with information sufficient to demonstrate that the a. Comprehensive general provider is in compliance with all the liability insurance with limits not less than requirements of this chapter and its franchise $3,000,000 for bodily injury or death to each agreement, if any, including but not limited to person, $3,000,000 for property damage resulting payment of any applicable business registration from any one accident, and $3,000,000 for all fee, license fee, rights-of-way fee, or franchise other types of liability. fee. b. Motor vehicle liability insurance for owned, non-owned, and hired 15-06-12 Exhibit A TIGARD MUNICIPAL CODE vehicles with a limit of $2,000,000 for each regulations or permits of the city. This obligation person and$3,000,000 for each accident. is in addition to any financial guarantee required pursuant to TMC 15.04. c. Workers compensation insurance with statutory limits and employer's C. Indemnification. liability with limits not less than $1,000,000. 1. To the fullest extent permitted by 2. The limits of the insurance will be law, each utility operator will defend, indemnify subject to statutory changes as to maximum limits and hold harmless the city and its officers, of liability imposed on municipalities of the State employees, agents and representatives from and of Oregon. The insurance will be without against any and all liability, causes of action, prejudice to coverage otherwise existing claims, damages, losses, judgments and other (excepting workers compensation insurance) and costs and expenses, including attorney fees and include, as additional insureds the city and its costs of suit or defense (at both the trial and officers, agents and employees. The coverage appeal level, whether or not a trial or appeal ever must apply as to claims between insureds on the takes place)that may be asserted by any person or policy. The utility operator will provide the city entity in any way arising out of, resulting from, 30 days' prior written notice of any cancellation during or in connection with, or alleged to arise or material alteration of said insurance. If the out of or result from the negligent, careless or insurance is canceled or materially altered, the wrongful acts, omissions, failure to act or other utility operator will maintain continuous misconduct of the utility operator or its affiliates, uninterrupted coverage in the terms and amounts officers, employees, agents, contractors, required. The utility operator may self-insure, or subcontractors or lessees in the construction, keep in force a self-insured retention plus operation, maintenance, repair or removal of its insurance,for any or all of the above coverage. facilities, and in providing or offering utility services over the facilities, whether such acts or 3. The utility operator will maintain omissions are authorized, allowed or prohibited on file with the city proof of self-insurance by this chapter or by a franchise agreement. The acceptable to the city, certifying the coverage acceptance of a license under TMC 15.06.070 required above. constitutes such an agreement by the applicant whether the same is expressed or not. Upon B. Financial Assurance. Unless otherwise notification of any such claim the city will notify agreed to in writing by the city, before a franchise the utility operator and provide the utility operator granted or a license issued pursuant to this chapter with an opportunity to provide defense regarding is effective, and as necessary thereafter, the utility any such claim. operator will provide a performance bond or other financial security, in a form acceptable to the city, 2. Every utility operator will also as security for the full and complete performance indemnify the city for any damages, claims, of the franchise or license, and for compliance additional costs or expenses assessed against or with the terms of this chapter,including any costs, payable by the city arising out of or resulting, expenses, damages or loss to the city because of directly or indirectly, from the utility operator's any failure attributable to the utility operator to failure to remove or relocate any of its facilities in comply with the codes, ordinances, rules, the rights-of-way or easements in a timely 15-06-13 Exhibit A TIGARD MUNICIPAL CODE manner, unless the utility operator's failure arises 15.06.180 Penalties directly from the city's negligence or willful misconduct. A. Any person who fails to timely pay the right-of-way fee pursuant to TMC 15.06.130 is 15.06.160 Compliance subject to the following penalties: Every utility operator or provider will 1. First occurrence during any comply with all applicable federal and state laws calendar year: 10% of the amount owed or $25, and regulations, including regulations of any whichever is greater. administrative agency thereof, as well as all 2. Second occurrence during any applicable ordinances, resolutions, rules, and calendar year: 15% of the amount owed or $50, regulations of the city, heretofore or hereafter whichever is greater. adopted or established during the term of any license granted under this chapter. 3. Third occurrence during any calendar year: 20% of the amount owed or $75, 15.06.170 Confidential/Proprietary whichever is greater. Information 4. Fourth occurrence during any If any person is required by this chapter to calendar year: 25% of the amount owed or $100, provide books, records, maps or information to whichever is greater. the city that the person reasonably believes to be confidential or proprietary, the city will take B. Penalties imposed are merged with, and reasonable steps to protect the confidential or become part of,the fee required to be paid. proprietary nature of the books, records, maps or information to the extent permitted by the Oregon C. The city finance director, in the Public Records Law; provided, that all documents director's sole discretion,may reduce or waive the are clearly marked as confidential by the person at penalties in this section. the time of disclosure to the city. In the event the city receives a public records request to inspect D. Payment of penalties is due with the any confidential information and the city next regular quarterly right-of-way fee payment. determines that it will be necessary to reveal the confidential information, to the extent reasonably 15.06.190 Violations possible the city will notify the person who submitted the confidential information of the A. Any person found in violation of any of records request prior to releasing the confidential the provisions of this chapter or the license are information. The city is not required to incur any subject to a penalty of not less than $150 nor more costs to protect such documents, other than the than $2,500 for each offense. A violation will be city's routine internal procedures for complying deemed to exist separately for each and every day with the Oregon Public Records Law. during which a violation exists. B. Nothing in this chapter limits any judicial or other remedies the city may have at law or in equity,for enforcement of this chapter. 15-06-14 Exhibit A TIGARD MUNICIPAL CODE 15.06.200 Severability and Preemption A. The provisions of this chapter will be interpreted to be consistent with applicable federal and state law, and, to the extent possible, to cover only matters not preempted by federal or state law. B. If any article, section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this chapter is for any reason declared or held to be invalid or unenforceable by any court of competent jurisdiction or superseded by state or federal legislation, rules, regulations or decision, the remainder of this chapter will not be affected thereby but will be deemed as a separate, distinct and independent provision. Such holding will not affect the validity of the remaining portions hereof, and each remaining section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this chapter will be valid and enforceable to the fullest extent permitted by law. In the event any provision is preempted by federal or state laws, rules or regulations, the provision will be preempted only to the extent required by law and any portion not preempted will survive. If any federal or state law resulting in preemption is later repealed, rescinded, amended or otherwise changed to end the preemption, such provision will thereupon return to full force and effect and will thereafter be binding without further action by the city 15.06.210 Application to Existing Agreements To the extent that this chapter is not in conflict with and can be implemented consistent with existing franchise agreements, this chapter applies to all existing franchise agreements granted to utility operators by the city. 15-06-15 41 City of Tigard Memorandum To: Tigard City Council From: Brian Rager, Public Works Director& Shelby Rihala, City Attorney Re: Utility Comments on TMC 15.06 Date: November 27, 2018 As part of the City's process for revising TMC 15.06, the City sent a draft of the proposed code to all of the City's current franchised utilities,as well as T-Mobile and AT&T at their request. The City received comments from four utilities: CenturyLink,PGE,T-Mobile,and AT&T. After reviewing all the comments, the City made several changes to the draft code reflecting changes as appropriate. Those accepted changes are highlighted below. For the more substantive changes,the text of the final,proposed language is copied with the text satisfying the utility comments shown in red. - 15.06.070.K: Added language to clarify that the City will not unreasonably withhold consent to transfer or assignment of a license. - 15.06.070.L: The recent FCC order on wireless facilities establishes shot clocks for the issuance of City permits. Language was added to comply with those requirements in the event the City's 90-day renewal process exceeds the federal shot clock. L. Renewal. At least 30, but no more than 120, days prior to the expiration of a license granted pursuant to this section, a licensee seeking renewal of its license must submit a license application to the city, including all information required in subsection B of this section and the application fee required in subsection C of this section.The city will review the application as required by subsection D of this section and grant or deny the license within 90 days of submission of the application, or such shorter period of time as may be required by law. If the city determines that the licensee is in violation of the terms of this chapter at the time it submits its application,the city may require that the licensee cure the violation or submit a detailed plan to cure the violation within a reasonable period of time, as determined by the city, before the city will consider the application or grant the license. If the city requires the licensee to cure or submit a plan to cure a violation, the city will grant or deny the license application within 90 days of confirming that the violation has been cured or of accepting the licensee's plan to cure the violation. - 15.06.080.13: In order to avoid situations of utilities needing rights-of-way permits (PFI permits) for routine maintenance work, such as trimming trees or replacing a lightbulb, a utility may give advance notice to the City in lieu of needing to obtain a permit. B. Construction Permits. No person may perform any work on utility facilities within the rights-of-way without first obtaining a right-of-way permit pursuant to TMC 15.04. Notwithstanding,for routine maintenance or repair that does not alter or disturb the right-of-way,such as replacement of a light fixture or trimming of trees,the city may elect to not require a right-of-way permit provided the city receives notice of the planned maintenance repair, along with emergency contact information,as soon as reasonably practical. 15.06.090.B: Clarifies that the requirement to locate utilities underground applies to new facilities, not existing facilities, and that streetlight poles are not subject to this undergrounding requirement. B. Unless otherwise agreed to in writing by the city, whenever any existing electric utilities, cable facilities or communications facilities are located underground within a right-of-way of the city, a utility operator with permission to occupy the same right-of-way will locate its new facilities underground at its own expense.This requirement does not apply to facilities used for transmission of electric energy at nominal voltages in excess of 35,000 volts or to antennas, streetlight poles, pedestals, cabinets or other above-ground equipment of any utility operator. No such above-ground equipment, or any aerial facilities other than electric energy transmission wires in excess of 35,000 volts, may be constructed without the written approval of the city,in addition to the permit required by TMC 15.06.080.8. 15.06.090.D.1: Clarifies that the same exemptions for undergrounding in 15.06.090.13 also apply to City requests for temporary or permanent facility relocations. 1. When requested to do so in writing by the city,a utility operator will,at no cost to the city,temporarily or permanently remove, relocate, change or alter the position of any utility facility within a right-of-way, including relocation of aerial facilities underground, except those facilities not required to be located underground pursuant to TMC 15.06.080.B. 15.06.090.F.1: Clarifies City notification procedures in the event the City must move utility facilities. 1. The city retains the right and privilege to cut or move any utility facilities located within the rights-of-way of the city, without notice, as the city may determine to be necessary, appropriate or useful in response to a public health or safety emergency. The city will use qualified personnel or contractors consistent with applicable state and federal safety laws and regulations to the extent reasonably practicable without impeding the city's response to the emergency. The city will attempt to notify the utility operator of any cutting or moving of facilities prior to doing so. If such notice is not practical,the city will notify the utility operator as soon as reasonably practical after resolution of the emergency. - 15.06.120: Extends time in which utility must remove its facilities following right-of-way vacation to 90 days from 30. - 15.06.130.B: Extends the time for making a right-of-way fee payment to the City from 30 to 45 days. - 15.06.150.A: Clarifies language regarding insurance requirements and additional insureds 15.06.150.13: Fixes an incorrect cross reference to TMC 15.04,the City's code governing permits for work in the right-of-way. AGENDA ITEM No. 6 Date: December 4, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — CONSIDER AN ORDINANCE RELATING TO UTILITY SERVICES IN PUBLIC RIGHTS-OF-WAY This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 6 Date: December 4, 2018 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Pro onent—(Speaking In Favor Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address& hone[o. 'rt Vel Cr:.�tqjn" OV) ( ►GZ VL i���is A,N IJ- Name, l-Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-3626 7. Business Meeting One Meeting Date: 12/04/2018 Length (in minutes): 15 Minutes Agenda Title: Legislative Public Hearing: Consider Amendments to Tigard Municipal Code for Water SDC Prepared For: John Goodrich, Public Works Submitted By: John Goodrich, Public Works Item Type: Ordinance Meeting Type: Council Public Hearing- Legislative Business Meeting- Main Public Hearing: No Publication Date: Information ISSUE Shall council consider and approve recommended changes to TMC Chapter 3.24 regarding water system development charges? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that council approve and adopt the ordinance for revisions to TMC 3.24 as presented. KEY FACTS AND INFORMATION SUMMARY Staff is requesting council consideration to amend the municipal code regarding the provisions of temporary water use and exemption of applying water system development charges for such use. This is a "housekeeping" item that was overlooked or omitted during the last code changes regarding TMC 3.24 under the heading of"Exemptions". The recommended revisions for TMC 3.24 are provided for council consideration to approve and adopt an ordinance allowing temporary water use without applying water system development charges. This is appropriate because temporary water use does not have a permanent or long-term impact on the water system,which is the basis for imposing SDCs. Temporary meters will be removed at the end of the period for which they are authorized. Staff recently completed a review of water system development charges practices and procedures as provided within adopted administrative rules (12.01.080-09-01 "Water System Development Charges (SDCs) and Meter Fees Pactices and Procedures" effective June 6, 2012). This review identified additional clarification needed in TMC 3.24. OTHER ALTERNATIVES Council may chose to not approve and adopt the TMC 3.24 revisions as proposed by staff. Council may direct staff to make changes or revisions to the proposed draft, or provide direction on the application and collection of water system development charges for temporary water use. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Council adopted a Water System Development Charge Methodology Update in December 2010, and a water system master plan in May 2010 and addedum to the water master plan in June 2014. The administrative rule for water system development charges was signed by the city manager in June 2012 after completing the public review process as prescribed in TMC 2.04. Council adopted TMC 3.24 in March 2018. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first council consideration regarding these proposed changes to TMC 3.24 regarding water system development charges. Attachments TMC 3.24 Proposed Revision Ordinance r CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 3.24 TO EXEMPT TEMPORARY WATER USE FROM WATER SYSTEM DEVELOPMENT CHARGES WHEREAS,Tigard Municipal Code Chapter 3.24 governs system development charges (SDCs),which impose a charge on developments that increase demand on city systems,including water;and WHEREAS,the city wishes to clarify in code the exemption for temporary water use from city water SDCs. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Section 3.24.030 of the Tigard Municipal Code,Definitions,as follows (additional language is underlined and deleted text is shown in�) "Temper water use" means a water service connection to the city water system for limited periods of time or duration that has minimal.if any, permanent imlact on system capacity, such as service to temporary buildings, temporary irrigation systems, or special events. SECTION 2: Tigard City Council amends Section 3.24.100 of the Tigard Municipal Code, Exemptions, as follows: The following types of development are exempt from payment of SDCs: E. Temporary water use,from city water SDCs only. SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of 32018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of —2018. ORDINANCE No. 18- Page 1 John L. Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 18- Page 2 AGENDA ITEM No. 7 Date: December 4, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — CONSIDER AMENDMENTS TO TIGARD MUNICIPAL CODE 3.24 FOR WATER SDC'S This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 7 Date: December 4, 2018 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Pro onent— Speaking In Favor Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone Name,Address&Phone No. Name,AddreU Phone No. Name,Address&Phone No. Name,Address&Phone No. Name, dress&Phone No. Name,Address&Phone No. Name,Address&Phon o. Name,Address&Phone No. Name,Address&Phone No. AIS-3651 8. Business Meeting One Meeting Date: 12/04/2018 Length(in minutes):20 Minutes Agenda Title: Legislative Public Hearing-Consider Ordinance to Amend the Tigard Municipal Code Regarding ROW Permits for Work in the ROW Submitted By: Tegan Enloe,Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance -Main Public Hearing-Legislative Public Hearing: Yes Publication Date: Information ISSUE Shall the City Council approve amendments to Tigard Municipal Code (TMC) Chapter 15.04 regarding the right of way permit process? STAFF RECOMMENDATION/ACTION REQUEST Staff recommends adoption of the ordinance. KEY FACTS AND INFORMATION SUMMARY Staff is proposing changes to Tigard Municipal Code(IMC) Chapter 15.04,regarding permits for work in the public right of way(ROW).This was initiated after staff received permit requests for work that posed risks to the city,and found a lack of ability to require the applicant to indemnify the city as part of the permit criteria. After reviewing the code with the goal of proposing to resolve this gap,staff identified several other areas that would benefit from adjustment. In summary,these changes include: •Added definition of what constitutes"work"to clarify when a permit is required •Added specific standards the permit will be compared against for approval/denial to better protect the public,such as traffic control and compliance with City standards •Adds a requirement for a 24-hour contact for the party conducting the work in case of emergency •Requires permit to be executed within 180 days or it becomes void(previously there was no end date) •Requires ADA access at all times •Allows the city to require cash deposit,bond or other financial guarantee,plus a two-year warranty on the work •Requires the party conducting the work to provide insurance if the city determines the potential for liability and requires the permitee to indemnify the city for the work. OTHER ALTERNATIVES The Council could choose to not amend TMC 15.04 and retain the existing code language regarding permits for work in the public ROW. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS Criteria added to maintain ADA access supports the city's strategic plan. DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Council will review this matter. Attachments Ordinance Attachment A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 15.04 REGARDING WORK IN THE RIGHT-OF-WAY WHEREAS, Tigard Municipal Code Chapter 15.04 requires a person wishing to perform work in the right-of- way to obtain a permit,also referred to as a public facilities permit,prior to starting such work,and WHEREAS, Code updates are needed to better protect the City when issuing right-of-way permits,including adding standards of approval for permit issuance as well as work and safety requirements for permittees, stronger financial guarantees,insurance,and indemnification provisions. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Chapter 15.04 of the Tigard Municipal Code as shown on the attached Exhibit A (additional language is underlined and deleted text is shown in serl�e ). SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only, this day of 52018. Kelly Burgoyne,Deputy City Recorder APPROVED: By Tigard Citi-Council this day of ,2018. John L.Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 18- Page 1 Exhibit A TIGARD MUNICIPAL CODE Chapter 15.04 WORK IN RIGHT-OF-WAY A. "City Engineer" means the City_ Engineer for the City of Tigard or his or her Sections: designee. 15.04.010 Definitions. B4-. Emergeney. As e this ^hapte 15.04.020 Jurisdiction. "Eemergency" means a circumstance in which 15.04.030 Permit Required. immediate repair to damaged or malfunctioning 15.04.040 Standards of Ant) val Per-mit facilities is necessary to restore lost service or Applientions. prevent immediate harm to persons or property. 15.04.050 Review By City Engineer. 15.04.060 Permit Issuance. C-2. Persen. As used in this chapter-, 15.04.070 Compliance With Permit. "Pperson" means every natural person, firm, co- 15.04.080 Notice Of Construction. partnership, association, corporation or entity, or 15.04.090 Construction in Right-of-Way. district, but does not include the City of Tigard. 15.04.105 Coordination of Construction 15.04.110 As-Built Drawings. D3,. Right of way. As ed in this ^hapte 15.04.120 Restoration Of Rights-of-Way "Rright-of-way" includes City streets, roads, And City Property. bridges, alleys, sidewalks, trails, paths, and all 15.04.135 Right-of-Way Preservation other public ways and areas managed by the City. Restoration Policy. "Right-of-way„ also includes public utility 15.04.140 Financial Guarantees Seeur-it�. easements PUEs to the extent that the easement 15.04.,c�r✓v-viaiistifil Conditions. allows use by the permittee planning to use or 15.04.1560 Insurance Repairs. using the public utility easement. "Right-of-way" 15.04.167-0 Inspection And Acceptance. includes the subsurface under and airspace over 1-9.114.1 i0 Barr ieades And Safety these areas. "Right-of-way" does not include the Measures. airwaves for purposes of CMRS Commercial 15.04.1790 Liability; Indemnification.for Mobile Radio Services, broadcast television, DRS mss. Direct Broadcast Satellite, and other wireless 15.04.200 Option To City To Repineee providers, or easements or other property interests Pavement. owned by a single utility or entity. 15.04.180240 Violation--Penaltiesy. E. "Right-of-wax permit" means a permit 15.04.010 Definitions. issued by the City_authorizing work in the right- of-way. A right-of-way permit may also be The following wefds and phfases,when used referred to as a public facility improvement (PFI) in this ehapter shall, €er--the pwpase of this- permit to t4ef in this ,etio o pt i these instanee F4. Sidewalk. As used in this ,.hapte "Ssidewalk"means an area specifically delineated and constructed for pedestrian use located behind a curb but within the rights-of-way or within an easement specifically established for that purpose. 15-04-1 Exhibit A TIGARD MUNICIPAL CODE G6. gtreeof All stormwater quality_and detention facilities located "Sstreet" or "alley" means every way or place on private property Notwithstanding, for routine open as a matter of right to the use of the public maintenance or repair that does not alter or disturb for vehicular or pedestrian traffic between right- the right-of-way, such as replacement of a light of-way lines. fixture or trimming of trees, the city mgy elect to H. "Work"means any activity that alters or not require a right-of-way permit provided the city disturbs the right-of-way and includes, but is not receives notice of the planned maintenance repair, limited to,construction and trenching. along with emergency contact information, as soon as reasonably practical. 6. Teel. T4s—ased in this e epter-, mel" mems an—exeiwatien requiring the B2. No pefmit shall be issued The City removal of dir4 er- like ma+^fia' and does net will not issue a right-of-way permit to place or inelede-driving-or- €er ' maintain a utility system in any portion of the ground (Ord 06-11,Ord. 74-14 § 1, 1974). right-of-way unless the applicant has first complied with the provisions of chapter 15.06 of 15.04.020 Jurisdiction. the Code. The requirements of this chapter shall apply 3. Any per-sen whe euts wi#41 to all rights-of-way under the jurisdiction of the breaks, digs- ups damages in—any—manner; City of Tigard, dedicated by plat or deed, created tmdeffaines3or- t,,.nets nde e by user, or the use thereof controlled by the City publie stfeet a y f r ptwpeses-etheF pursuant to agreements with Washington County , must ebtai or the Oregon Department of Transportation. (Ord. 06-11) of this G (Ord. 06-11, Ord. 02-22, Ord. 99- 31, Ord. 74-14 § 2, 1974). 15.04.030 Permit Required. C. The applicant must pay a fee in the A4-. It is unlawful for any person to eut upen amount established by resolution of the city break a;^ , d ,r .^ : fnafmer-, council. perform any work in the right-of-way^ub4 Afeet�� r 15.04.040 Standards of Approval. P-ermil the pufpeses of deing dE ift a right of. Applientien$. as deseFibed in this ,.Meter-,without first obtaining The City Engineer may approve the issuance a right-of-way permit from the City. eek of a right-of-way permit where compliance with with the pfavisiefis of this ^h.,..to,.; .,..a to the the following standards is demonstrated or found obtaining of pefmits, depositing of seeufifies and to be not applicable. The City Engineer may the mawng Of appheatiens to the Ems. attach any conditions to the issuance of the permit App}ieatienfor--perms shall be in the f m that are reasonably related to ensuring compliance pr-eser-ibed by�he Gity. Permits shall be issued for- with this section, other applicable city_codes and limited tfne ...a shall s ei fy the extent of the ordinances, and protection of the public interest. The City may The City Engineer may require drawings,_plans, also require a right-of-way permit for certain engineering calculations, and specifications sealed 15-04-2 Exhibit A TIGARD MUNICIPAL CODE by a professional engineer currently licensed in aapprovaI of the deviation being granted by the the State of Oregon and in sufficient detail to City Engineer. demonstrate compliance. A; ieatiens- e eanstfuetion .. fmits shall he subim;trod an fefms E. A 24-hour emergency contact name and pfevidea by the Coy and shall he e ed by phone number must be provided. drawings, plans and speeifieations in ,off eiert detail to de str-a4e 2. Appl; a4ie for eanstruetion P`-r-'�it� z shallhe.. ed by the f6lle.,.ing Aa. Tkat-aAll work will be performed and any facilities will be constructed in accordance —a.A vefinoatien thm the dr'-wings, with all applicable codes,rules and regulations_; plansandspeeif e-atiens subTntted with the .-.l;e.,t:e„ eemply with all_applieable teeh..ioal b. Thal all work will be performed cedes rules and fegulatiens. The �� 7, may and afly f: it:tie ;11 be eenstrueted_b or- for- re n—that the verifieatiefi be by a r-egistefeu 4anehisee aeeerdance- with the ffanehise- pfafessional e agreement; b. A .:rte„ eanstFuetiefl sehed„le The 1.. .,tion n „te of all e h' h hall 1 d deadline F 1 t; f 6. wxncrr vn �rrcmcrc–crac-acrriicczvr cB�Tcpzcczeii ^ox „l: fWs new f ;l;t:es to be installed well The str etie ehed„le ,h;ee - E@l�tr�l6ti$r!. all of applicant's existing f :lifie in the t. appfeval by the City >�r eanstrtietion afea, ineluding a GFOSS e tiORmoo show the f :lit: in el4i to the street, etifb, e. The permit fee in an sidewalk and right of way; deter led by Feselution of the City Cetineil. The fee shell he designed ie def ay the emss of City Bd. The construction methods to be d. str.,t:, of the eenstfuetion peFmit program. employed for- p-„teeiian e protects existing (Ord. 06-11) structures,fixtures,and facilities and e desefiptien of any impFevemefits that the applieant or 15.04.050 Review By City Engineer. proposes to temporarily or permanently remove or relocate them. The City Engineer will review the application to determine if it complies with the C. Appropriate traffic control measures standards in this Chapter. The City Engineer may will be used to minimize disruption to motorized approve modify and approve or deny the and non-motorized traffic and pedestrians,provide application for a right-of-way permit based on the for the safety of the general public, and prevent standards in Section 15.04.040. TheCity injury or damage to any person, vehicle, or Engineer-, f+e. reviewing the materials ,,µbmittt property with the . pl:e.,tio shell natif, the e pliem4 if ehanges iii the ,. nst,.,,etie plans a eeded and- Q. ndD. Standard street sections and standard what City requirement,,, . ,st he .ret (Ord. 06- construction details will be as specified in City's 11) design and construction standards. No deviation from these standards will be allowed without written findings documenting the need and written 15-04-3 Exhibit A TIGARD MUNICIPAL CODE 15.04.060 Permit Issuance. and general description of the proposed work. (Ord. 06-11) Upon a determination that the application and supporting information complies with the 15.04.090 Construction In Right-of-Way. requirements of this chapter, the City Engineer shall will issue a permit authorizing construction A. The permittee must shall complete all in the rights-of-way, subject to conditions that the construction within the right-of-way so as to City Engineer deems appropriate to ensure minimize disruption of the right-of-way and utility compliance with this chapter. In order to service and without interfering with other public minimize disruption to transportation and to and private property within the rights-of-way. All coordinate work to be performed in the right-of- construction work within rights-of-way, including way, the permit may specify a time period within restoration, must be completed within the time which all work must be performed and require specified by the City Engineer. Upon issuance of coordination of construction activities. The City a right-of-way permit, the permittee must Engineer may impose conditions regulating the commence work within 180 days, unless location and appearance of facilities, subject to otherwise specified by the City Engineer, at which applicable laws and regulations. (Ord. 06-11) time the right-of-wgy permit expires and is voided. 120 days ef isstia-nee of the eenstmefie 15.04.070 Compliance With Permit. pefmitj tmiess an ex4ensionor- altema4e sehea,,,e has been appFeved by the G t., L'.,g;.-,ee«. The All construction shall must be in accordance with the permit and approved plans and (Ord. 06-11) specifications. The permittee will provide the City Engineer er designee shall be NTo aea B. Upon completion of daily work, all access to the work site and the ppm to work zone areas must be left in a safe condition inspect any work in the right-of-way. The with all trenches covered. permittee shall will provide, upon request, any information needed by the City Engineer er C. Access must be maintained at all times designee to determine compliance with applicable in compliance with the Americans with requirements. All work that does not comply with Disabilities Act(ADM. all the permit requirements shall must either be corrected or removed at the sole expense of the 15.04.105 Coordination of Construction. permittee. The City is authorized to issue stop work orders to assure compliance with this All „e..m trees shall The permittee will Cehapter.(Ord. 06-11) make a good faith effort to coordinate their construction schedules with those of the City and 15.04.080 Notice Of Construction. other users of the rights-of-way. Except in an emergency, the permittee must -2. Unless ethei=Mse agreed to ; writing by shall notify the City Engineer not less than two the City, .,t least 60 da ,s prier- to the install t;e„ working days prior to any excavation or construction in the right-of-way. The notice must state the anticipated location, project schedule, in the st-Feet of 400 linea,. feet ease, t5-04-4 Exhibit A TIGARD MUNICIPAL CODE .;.do etree to the City and all oth t'1•t' ;-=c�-�� "�� «ter« �-r—�> eJ 15.04.120 Restoration Of Rights-of-Way And identified by the City as utilities that are City Property. the-^"ejeet n"en. A4-. When a permittee does any work in or affecting any rights-of-way or City property, the a. The—netiee must be pr-ev:,de d in a permittee must, at its own expense, repair and ,,,a-ane, ..'hieh ,do,.,,meals Feeeipt of natiee by restore the area in which the work was performed „t�.•lities. to as good or better condition than before such work was undertaken, it , b. 1,, t; h ll state the fief..,to,d „thy abst",,..gens ther-effem and �heZio cxvc—oxxirrr�ccrcc cnv—isirrrcrPucoc� removeany 1..e tion eet sehe d„in and g ".,1 d t' iV V{.Lti1 V11, ” 1 n of the" e d , „"L ",dition .,.,ons ether-wise .d.r-eete d by the City • vV.aua�vri-ci..,v and as deter-mined by the City—Engineer of 'ts for- k shall be ,d E---Inde—�c:iiric��r-vdvizr�rruir-v�rv:�ciizt designee. tintil notiee has been given. 132. If weather or other conditions do not 3. All utilities pe4bitming werIin the permit the complete restoration required by this fights „f ay subjeet t„the"„tr-equifemeHt sot section, the permittee will shall temporarily f t4hn"� " ph 2 of the ..t: shall e o .,t„ ���Yw.u� "' "" restore the affected rights-of--way or property.- with other- utilities with . fmits to ,do "k in the Sueh temperafy rrestezution shall be at the samejeeatien at of near the same time to permittee's sole expense. Tho and the " mit ee VV.diaa4e een t ucti and al ate f •l;t:o shallpfamptly under4ake and eemplete the required—peFina-nen4 rester-atien —Wwhen the n. Nothing in this seeiia shall o '"n n weather or other conditions no longer prevent utility to "o, e l " et. y infgrMAt;,." A „t:, h such permanent restoration, the permittee will shell signi6, n pfapfietafy ;"f..,,,.,t:,," . s ,..h promptly complete permanent restoration of the and t4e City will pr-eteet such infeFma4ion-fr—em site. Any corresponding modification to the diselesufe t„the eK4ent allowed by law construction schedule may be subject to approval G The "„tif;e tion o"t sot feAh ; by the City. h 2 of this Beet:„" shall not be " "oa C-3. If the permittee fails to restore rights-of- p�r�g�.Y.. ,: ferthe installatien—of faeilities—in new way or property to good order and condition, the develepments "nt afe being" o ed through the City will shall give the permittee written notice priv4e develapmet4 r-eview pfeeess. and provide the permittee a reasonable period of time not exceeding thirty (30) days to restore the 15.04.110 As Built Drawings. rights-of-way or property. If, after said notice,the Upen "equest by the Git., permittee fails to restore the rights-of-way or V , a A permittee must property to as good a condition as existed before shall provide City with two complete sets of the work was undertaken, the City m_ gL_shall engineered plans in a form acceptable to the City cause such restoration to be made at the showing the location of the facilities the permittee permittee's expense at the expense e€ the installed or constructed within the rights-of-way pursuant to the permit. (Ord. 06-11) 15-04-5 Exhibit A TIGARD MUNICIPAL CODE 2b. The 4 year limitation period sbail 4. A—permittee—shall use suitable begins upon the City's final acceptance of the barricade^ lags flag^;"^ al4endants lightflar-escompleted street or street improvements. and other-me .fed for-the safety of all iuembers—oftix general—p„"man—te-prevent2. Exeept as pr-evided in paragraph ifijufy or damage te—any—per-sen,yehiele a this seet ,,. after- the insi,11„tien E, upgfading ,.pfepf ofty b Feasen of stieh rL in of aff efir, „til;tio tharFeEluir-e „t the str ^t sueh fights of way or-pfepef:t�- f nnn linear feet , gr-eater the pavement s r-f within nnn foot of that eul . apening shall not be S. The=per-fnittee shall este ^ all street alleys r-eads and other publieways or- "laees that that the pefsen req�iesting to et4 o apen ...h ., ;t ,dist„rhs to the safne .+alitio the area was i ,rfae reeeived atiee of thepriar- street „t prier te�ermittee's A,erz.The=permittee shall epenittg=pursuaRt to seetien 15.04.105. The 12 perferm _ll t,6fk in eempli ., -anee with ..plieablo �A__n4_h_ 1imita4ien period shall begin tipan the .„... �low, resu.0l., ...is,tior-dinanees o eFdeFs The Git.. utility's e ..lotion of the restaF tion of the street Engineer may issue or-defs to efistire eemplianee with this ehapto and pFoper pr-eteefian of p bl; B3. The City Engineer of designee�hall and private-prepertylf the=Permittee-fails to may grant an exceptions to the prohibitions set make ide st^ atio e to forth in "hs 1 and 2 subsection A of this ender within the ti fne.,llewe d under the ^r,d^r section: (1) in an emergency City may make!hose repairs at the expense oftho , (2) when cutting or wee:-(Ord. 06-11) opening the street is required to locate existing facilities when tunneling,boring, or pushing under 15.04.135 Right-of-Way Preservation the street(e.g., "potholing"), and(3) to provide or Restertion Policy maintain utility services to a property when no other reasonably practicable alternative exists A-�. Except as provided in subsection B within the right-of-way or existing utility paragraph 3 of this section, after any street has easement or 4 . been constructed, reconstructed, paved or may grant exeeptions to the p fahibitiens sot fe h improved by any person,the driving surface of the raphs 1 and 2 of this seeti^" when, in the pavement m�sM4 not thereafter be cut or sole discretion of the City Engineer, compelling opened for a period of 4 years. circumstances warrant the cutting or opening of the street. Ia. The City Engineer will s make the final determination on what construction or Ca. In granting an exception, the City improvement will result in a limitation set forth in Engineer may impose conditions determined to be paragraph 1 subsection A of this section and will appropriate to completely restore the street and shaii create, maintains and make available to the provide equivalent surface quality, durability and public a list of the streets and street segments rideability. Conditions may include surface subject to the limitation. Only streets named on grinding, base and sub-base repairs, or similar the list will shaft be subject to the limitation set work, and may include up to a full-width surface forth in paFagFaph 1 subsection A. paving of the roadway. 15-04-6 Exhibit A TIGARD MUNICIPAL CODE b. The City Engineer- shall develop to paragr-aph . The person must ensure the right- and maintain guidelines for use in determining the or City property is restored pursuant to Section 15.04.120 and complies with any imposed undef sobpar-agraph (a), and shall conditions pursuant to this Section 15.04.135. eansidefthe guidelines and ari=-ager feleva S. Wi+dam tree after this pr beeemes e€€eetive, toe City Engineer- r a� e. in the event that the City T7nginee shall feview the appliea4ian and effeetiveness of this see fieri and r ^r+ the findings of+ho r ,.+ the City T'r,gine that to th�ouneil. The review shall inelude be pfavided to the Cit !he ameun4 of +ho sur-faee life of Cit streets, eamplianee. ith this esiimated east of the repavi-1 F"-' 1--'f01:ffliflg seetion, and sirc-umstanses- m- whieh exeeptions have begranted and ,a +^ h, been-used--under-paragraph 3. The-4y d. The denial- ef--a-request-€ef-au EngineeF or- designee shall previde all per-sans- exemptien ar the eanditional-appEova4-of an +;^r under- this ee fier, , be appealed to subeet-to the limitations of this seetion a- the City Manager, whe shall have 15 business reasenable oppoi4tinity topride—gin flaks to ,do+om ine ;f the .denial or n ditio al eemments and inelude in !he r ..r+ .,11 approval eamplies with the to of this ehapte 'd (Ord. 06-12) Appeals must be in wrifing and r-eeeived by the City Manager not more than 45 biisifiess days 15.04.140 Financial Guarantees Seems. r,difie ,,1 ' al of the request. When the City, in its sole discretion, determines that a permittee's work or manner of D4. Notwithstanding the provisions of this performance warrants,the per- it4ee the Citv section, in an emergency, emergeney situa4ians, may require the permittee provide a cash deposit, any person cutting or opening a street sulnjeet to bond, or other a financial guarantee seeur44y in a the rd.,.,;+.,+iens of this seetion shall, will, when form acceptable to the City in an amount equal to reasonably feasible, seek verbal authorization at least 12544-0% of the estimated costs of from the City Engineer or- designee for an construction in the rights-of-way. The financial exception, EmeFgefiey situations afe these in seedy guarantee must sly remain in force until 60 days--After substapAt al eampletien, ineluding 0 aete f fined by the 4t; ,the City accepts the work of preperty. Whether or not verbal authorization and the work is covered by a satisfactory financial was given, the utility ^per.,+^r shall person must guarantee or maintenance bond in the amount of apply for a permit for such work as soon as 25% of the public improvements installed in the reasonably practicable,but not more than 48 hours right-of-way for the maintenance period of 2 years after commencing work., gra the owner of the from the date of acceptance by the City. The =aeility-shall be subjeet-te-wester-atia financial seedy guarantee will shall guaranty eendifiaRs imposed by the City EfigineeF p�r-suant timely completion, construction in compliance 15-04-7 Exhibit A TIGARD MUNICIPAL CODE with applicable plans, permits, codes and less than the limits of public body liability under standards,proper location, restoration of rights-of- the Oregon Tort Claims Act. The policy must also way and other property, and timely payment and contain a provision that the city will be notified at satisfaction of all claims, demands or liens for least 10 days prior to any cancellation of such labor,material or services. (Ord. 06-11) insurance. The permittee must maintain the insurance for the term of the permit issued. 15,04,150 Unusual Conditions. Failure to maintain the insurance results in automatic revocation of the permit. T The City>rant the r mit even shall, .,t itsown 0 r. restore the 0 0 .d ;f all the a et Hiet i afea iii „hieh the work, vrF r.,,o.1!a a good the r;t , Engineer detefmiaes that the f rl„ er--better eanditien--than b-e€«tea, saez't`• 1 �Tvifc •o'v'u9 n,ditions o ent: nam (Ord. 06-11, Ord. 02-22, Ord. 74-14 §17, 1974). 1. There 0 0 ••liar physical n dations not or-dinafily existing i mar distr-iets in the 15.04.1604-0 Inspection and Acceptance. makes eemplianee with all standards impossible The permittee must notify the City Engineer or raefie '• or designee upon completion for inspection of the work to determine compliance with the 2 The publ;, intefest, r_ai4 „lady safety, requirements of this chapter, prior to final health, and gener-al welfar-e is not adver-sely acceptance of the work. The permittee will shall a€feeted; not be relieved of obligations under any guarantee 3. The gFanting of the per-mit will not sestr-it, given pursuant to Section 15.04.140 the adversely aff et the r&s of a d:aee t p pei4 provisions heof until the work is in accordance ro ;,dents; and with the terms of the permit and has been 4 The , plie,tio of the standards of this accepted by the City. Acceptance by the City does not relieve the permittee of its obligation to maintain, repair, or reconstruct the site of the residents. (04 06 14, Ord. 02 22 Ord. 74 14 excavation so as to maintain a condition §12, 1974). acceptable to the City Engineer until the right-of- way is reconstructed, repaved, or resurfaced by 15.04.150460 Insurance Repair-s. the City. (Ord. 06-11, Ord. 02-22, Ord. 74-14 §14, 1974). As a condition of permit issuance, when the City determines that the proposed work may 15,04.180 Bar-..:... des And Safety luroa�,�o�. subject the City to potential liability,the City may require the applicant to obtain general liability Whenever. pefsen, tinder-authority of this insurance and file a certificate of insurance with ehapteror- ether-wise, plaees any ebstr-uetiea in e the city from an insurance company acceptable to right ofway or- .,Los , e "t'^n there'-11-fi r the city. The policy will name the city, its any purpose wh.,tseeyer, ;t shall be the_, 45, f officers, agents, and employees as additional insureds. The amount of the insurance policy will ..rh. .,f,uar-,de,d by substantial b ".,,des be determined by the city, but in no case will it be and display lighted real lanterns ^ ether "..h&s e_ 15-04-8 Exhibit A TIGARD MUNICIPAL CODE ation in the right of way. (Ord. 06-11, Ord. stieh re „la4ions . fnay be speeified by the Qt., 74-14 §16, 1974). 17r,gineer Whenever, in the opinion of the /`:t., Eng neer the «„hl:e safe+., is endangered by soh 15.04.200 Option To City To Replaeee D.e r�caizcntr. frefn dusk to daylight to e thm all b rAe.edesar-e r.difi e„ and l.eeetion, all The permi.a all feplaee ef repair the war1tif3glights afe L.,,,.a ing .tea „11 t«aff:.. is toot ,f f ee o pa-vefnefA..,,t damaged,_t. nnele.; pfaperly routed--mound such barfie-ades, the under or- nae ed under- the previsions of this per-mit4ee shall be responsible fee! fidmishing such super (Ord 06 11, Ord 02 22, Ord 74_1 n sur-faeeor- "cncnt-&s-iccir'ccby this ".t'. t,ter-F the Citefna�,r-eplaee of fepair the street sur-wee or- pavement 15.04.170M Liability for—AceidlefAsi deduct th._ _est from the _ r-it., deposited by he Indemnification. peFmit4ee with the City. (04 06 11, Ord 74 14 :74} The permittee is responsible and liable for all accidents, environmental clean-up, damages or injuries to any person or property resultingfrom rom work performed by or under the direction of the permittee permittee's agents, or employees in the right-of-way. The permittee will indemnify, 15.04.1800 Violation--Penalties. defend, and hold harmless the City, its elected officials, and all officers, employees or agents Failure to comply with a provision of this against any and all damages, claims, demands, chapter shat be is a Class 1 Civil Infraction. actions, causes of action, costs and expenses of (Ord. 06-11, Ord. 02-22, Ord. 74-14 §21, 1974).■ whatsoever nature which they or any of them may sustain by reasons of the acts, conduct or operation of the permittee, the permittee's agents, or employees in connection with their work in the right-of-way. t str e fie in the right ofway or- to make any e�keayatianr herein under- the of this chapter- shall be respensible to anyone fef any injury by reason of the pfesenee—e€sueh lest fuetions ,. e*eavalien,.,, tl,e .,,,blie 1,:gl ,ays when the h t .,et: or- excavation is the whale pr-eximate eause of the and shall all b-e liable to the !`:t. in the event that the City is held Fespensible f, any etio or elaims or athe afising „t of the p e of the obstr„etio or- 15-04-9 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 3.65 GAS TAX REVENUES TO CLARIFY TTAC'S ROLE WHEREAS, Tigard Municipal Code Section 3.65.260 was approved by Council in 2009 to give the Tigard Transportation Advisory Committee('1TAC)a role in prioritizing gas tax revenues;and WHEREAS, Tigard City Council wishes to clarify TTAC's role and more accurately reflect TTAC's current charge;and WHEREAS, TTAC reviewed this proposal at its meeting on November 7, 2018 and supports the proposed clarification. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Section 3.65.260 of the Tigard Municipal Code as follows (additional language is shown in underline and deleted text is shown in stiikedtreugl3): 3. subsequent to Upon sufficient funds being collected to fully finance and pay for the Greenburg Road/Highway 99/Main Street intersection improvements. T—�t ftny6rne, th , all funds collected pursuant to this chapter 4"A will be maintained in the Tigard City Gas Tax Fund. the use ends. The Ti rga d City Council will designate the use of net revenues based on project and program priorities and recommendations of the Tigard Transportation Advisory Committee. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only, this day of 52018. Carol A.Krager,City Recorder APPROVED: By Tigard City Council this day of 12018. John L. Cook,Mayor ORDINANCE No. 18- Page 1 Approved as to form: City Attorney Date ORDINANCE No. 18- Page 2 AGENDA ITEM No. 8 Date: December 4, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — CONSIDER ORDINANCE TO AMEND THE TIGARD MUNICIPAL CODE REGARDING RIGHT OF WAY PERMITS FOR WORK IN THE RIGHT OF WAY This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 8 Date: December 4, 2018 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Pro onent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. r `tet Name,address&Phone No. Name,address&Phone No. Name,Address&Phone No. Name,address&Phone No. Name,address&Ph e N Na e,address&Phone No. Name,address&Phone No. Name,ad ress&P one No. Name,Address&Phone No. Name,address&Phone No. Name,address&Phone No. Name,address&Phone No. AIS-3673 9. Business Meeting One Meeting Date: 12/04/2018 Length(in minutes): 15 Minutes Agenda.Title: LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE AMENDING TMC SECTION 3.65.270 AND RESOLUTION AMENDING TIGARD TRANSPORTATION ADVISORY COMMITTEE BYLAWS Submitted By: Dave Roth,Community Development Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance -Main Resolution Public Hearing-Legislative Public Hearing: Yes Publication Date: Information ISSUE Shall Council amend Tigard Municipal Code section 3.65.270 to clarify the Tigard Transportation Advisory Committee's (ITAC)role in advising staff on transportation project and program priorities? Shall Council amend'ITAC's bylaws to reflect proposed amendment of Municipal Code section 3.65.270? STAFF RECOMMENDATION/ACTION REQUEST Staff recommends Council adopt the new ordinance amending Tigard Municipal Code section 3.65.270 and the resolution amending TTAC bylaws. KEY FACTS AND INFORMATION SUMNMY Tigard's Transportation Advisory Committee (TTAC)is charged with advising city staff on a broad range of transportation-related decisions.These include project prioritization for the Capital Improvement Plan, preparations for multimodal transportation system plans,developing funding mechanisms and sources for projects,traffic safety issues,and providing input on projects. In September of 2009,with Council's amendment of Tigard's Municipal Code section 3.65.270 (in response to Oregon's HB 2001),TTAC was additionally charged with creating and maintaining a prioritized project list for which local Tigard fuel tax funds would be designated.TTAC's bylaws were amended at this time to align with this new charge. The September 2009 amendments created several issues,including misalignment with the city's established Capital Improvement Plan(CIP)project prioritization process,limitations to staff's ability to leverage local fuel tax funds for grant opportuulities, creation of redundant work for TTAC,and potential conflicts with Council budgetary authority. The proposed amendments to the ordinance and TTAC bylaws better align with the city of Tigard's established CIP project prioritization process by allowing transportation projects to be prioritized without limitations by specific funding source—in this case,Tigard's Local Fuel Tax dollars.The proposed change enables city staff to better leverage available local transportation dollars against regional,state and federal grant funding opportunities.And,with the new proposed language,City Council budgetary authority is retained through an established project prioritization and selection process. Following a staff presentation and discussion at their November 7,2018 meeting,TTAC voted unanimously M support of this proposal. OTHER ALTERNATIVES COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Ordinance to Amend 3.65.270 Resolution to Amend TTAC Bylaws Exhibit A:Amended TTAC Bylaws AgendaQuick©2005-2018 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 18- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 3.65 GAS TAX REVENUES TO CLARIFY TTAC'S ROLE WHEREAS, Tigard Municipal Code Section 3.65.260 was approved by Council in 2009 to give the Tigard Transportation Advisory Committee(T-FAC) a role in prioritizing gas tax revenues;and WHEREAS, Tigard City Council wishes to clarify TTAC's role and more accurately reflect TTAC's current charge;and WHEREAS, TTAC reviewed this proposal at its meeting on November 7, 2018 and supports the proposed clarification. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends Section 3.65.260 of the Tigard Municipal Code as follows (additional language is shown in underline and deleted text is shown in st6kedtra ) 3. The Tigard Tfftnspai-taden Advisory Gaffwait+ee 964 ereate and )jeet hs subseqttent to Upon sufficient funds being collected to fully finance and pay for the Greenburg Road/Highway 99/Main Street intersection improvements. if, ftt ftffy6me; th all funds collected pursuant to this chapter 4wA will be maintained in the Tigard City Gas Tax Fund. the ehThe Tigard City Council will designate the use of net revenues based on project and program 12nonties and recommendations of the Tigard Transportation Advisory Committee. SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only, this day of 12018. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of 12018. John L. Cook,Mayor ORDINANCE No. 18- Page 1 Approved as to form: City Attorney Date ORDINANCE No. 18- Page 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 18 - A RESOLUTION OF THE CITY COUNCIL AMENDING THE BYLAWS OF THE TIGARD TRANSPORTATION ADVISORY COMMITTEE (TTAC) WHEREAS,the Transportation Advisory Committee was formed by Council Resolution No. 09-14 to act as an advisory body to the City Council and staff and to provide a venue for citizen input and awareness of transportation issues;and WHEREAS, certain revisions to the bylaws approved under the resolution are necessary for the Transportation Advisory Committee to perform its established functions;and WHEREAS, Tigard City Council wishes to clarify TTAC's role and more accurately reflect TTAC's current charge,and WHEREAS,TTAC discussed at their November 7, 2018 meeting and voted in support of amending governing bylaws. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Bylaws governing the Tigard Transportation Advisory Committee are hereby amended as specified in Exhibit A. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2018. Mayor-City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO.18- Page 1 s City of Tigard Tigard Transportation Advisory Committee �Cke —_ :... _e. ......_ .._. BYLAWS December 9,2014 City Council Meeting SECTION I. CHARGE AND DUTIES A. The Tigard Transportation Advisory Committee (TTAC) hereafter referred to as the"Committee" shall have no powers except as conferred by resolution,City Charter,Tigard Municipal Code, or the Oregon Revised Statutes. B. The Committee and its members shall conduct itself in a manner that's in keeping with applicable federal, state,and local laws pertaining to conduct and ethics and the City of Tigard Code of Conduct.Any violation of the provisions of such laws shall be grounds for removal from office. C. It shall be the function of the Committee to act as an advisory body to the City Council and city staff pursuant to these bylaws. E. TTAC serves in an advisory role to staff and Council on a broad range of relevant transportation issues reflecting city priorities and work program capacity,itteludi which may include,but is not limited to: 1. Project prioritization for funding in the Capital Improvement Program 2. Preparation of multimodal transportation system plans and corresponding transportation financing/capital investment programs 3. Developing funding mechanisms and sources to implement transportation projects 4. Traffic safety 5. Input on project development and concept design F. The Committee may form subcommittees to investigate areas relevant to its charge or duties pursuant to this section. 1. A subcommittee shall include at least one member who is also a member of TTAC. 2. A subcommittee shall operate in accordance with the TTAC bylaws,subject to the direction of TTAC and City Council. 3. A subcommittee shall provide an annual report to TTAC;the annual report may be in the form of a joint meeting. 4. TTAC may dissolve a subcommittee at the time that TTAC determines the work to be substantially completed or no longer productive. City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I page 1 SECTION II.COMPOSITION A. The Committee shall consist of eleven (11) members appointed by the City Council with the following representation and restrictions: 1. There shall be at least two (2) representatives who own or have primary management responsibility for businesses,employers,or major institutions within the City of Tigard; 2. There shall be at least eight(8) persons who are residents of Tigard and who represent a cross- section of interests in the community at large. 3. At the discretion of the Mayor and Council,up to one(1) of the above resident positions may be filled by a nonresident who has professional or personal experience that would contribute to the overall purpose of the Committee. B. Membership may temporarily drop below required minimums due to resignations and/or difficulty in recruiting qualified applications. SECTION III.APPOINTMENTS A. Council shall fill vacancies with individuals who meet the compositional requirements listed in Section II. B. Appointments of at-large members shall be made the City Council,with recommendations from the Mayor. SECTION IV.TERM OF OFFICE A. Committee members serve for a term of three years;terms begin on January 1, except that a mid-year appointment may be made to fill a partial term. B. Any vacancy in the Board shall be filled by appointment by the Council and Mayor for the unexpired portion of the term.The unexpired portion of a term does not count towards the fulfillment of the maximum number of allowed terms. C. Members may serve up to two consecutive terms. D. Members shall receive no compensation for their services;members may be reimbursed for duly authorized expenses.The community development director or city manager shall determine and authorize reimbursable expenses. E. A member who seeks to resign from the Committee shall submit a written resignation to the chair of the Committee,the staff liaison, or the city recorder's office. If possible, the resignation should allow for a thirty (30) day notice so the City Council has the opportunity to appoint a replacement. SECTION V.ORGANIZATION OF THE COMMITTEE A. The officers of the Committee shall be a Chair and Vice Chair. B. At its first meeting of the year,notice will be given of officer elections at the following meeting.At the second meeting,the Committee shall elect a Chair and Vice Chair from its members who shall hold office for one year,at the pleasure of the Committee. City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 www.tigard-or.gov I page 2 1. The Chair shall have general directional powers over the Committee.The chair shall preside at all meetings and,in consultation with support staff,set the agendas and notify the board of all meeting times and place. 2. The Chair shall be the primary spokesperson for the Committee unless this responsibility is delegated to another member or a staff liaison. 3. Vice Chair. During the absence,disability,or disqualification of the Chair,the vice chair shall exercise or perform all the duties and be subject to all the responsibilities of the chair. 4. In the absence of the chair and vice chair,the remaining members present shall elect an acting chair. C. If the Chair should resign,the Committee shall,at its next meeting,conduct an election and provide a replacement to fill the unexpired term. D. Staff liaisons are the primary contacts for City of Tigard boards and the primary interface between these bodies and the City Council,City Manager,and departments.Besides serving as a technical resource, staff liaisons are responsible for meeting logistics,member recruitment and recognition,recordkeeping,and monitoring board effectiveness. SECTION VI.MEETINGS A. The Committee shall meet at least quarterly during a calendar year at a time and place that is specified at least 5 days in advance. B. The regular meeting of the Committee shall be held on the first Wednesday of each month at 6:30 p.m.in the Tigard Library 2"Floor Conference Room,unless otherwise determined by the Committee. If the regular meeting day is in conflict with a city holiday,the meeting may be rescheduled.Proper public notice will be given of any variations from the regular meeting schedule. C. All meetings shall be conducted in conformance with Public Meeting Law. D. Agendas and meeting summaries shall be posted for public notice on the City of Tigard web page. Meeting agendas will also be posted in the lobby of City Hall in compliance with Oregon Public Meetings Law.All meetings shall be open to the public. E. A record of the Committee's proceedings shall be filed with the city recorder. F. The Chair may call a special meeting,and the Chair shall call a special meeting if requested by a majority of Committee members. The call shall state the purpose of the meeting. Notice of a special meeting must be in writing and communicated to all members at least five days before the meeting. G. A majority of votes of Committee members present,and not abstaining from the vote,shall determine the official position of the Committee on a given issue.Alternates are not allowed to vote under any circumstances. H. The Chair shall vote on all matters before the Committee unless having declared a conflict of interest. I. Committee members shall not send or receive electronic communications concerning any matter pending before the Committee during a Committee meeting. City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I page 3 1. Electronic Communications means e-mail,text messages, or other forms of communications transmitted or received by technological means. 2. Electronic Communications Devices means laptop computers,blackberries,cell phones,notebooks, or other similar devices capable of transmitting or receiving messages electronically. J. Committee member shall not use electronic communication devices to review or access information regarding matters not in consideration before the Committee during a Committee meeting. SECTION VII.COMMITTEE MEMBER RESPONSIBILITIES A. Members of the Committee shall: 1. Regularly attend Committee meetings and contribute constructively to discussions; 2. Consider and discuss issues from a Citywide perspective,as well as that of particular stakeholders or interests; 3. Understand and be able to articulate the Committee's charge,responsibilities,and adopted annual work program; 4. Strive to reach consensus on matters under consideration; 5. Act with respect and consideration for the viewpoint of others; 6. Review and provide comment on reports,presentations,and recommended policies or strategies related to transportation issues that may come before it;and 7. Vote on motions in front of the Committee,except where reasonable abstention is necessary. B. Committee members shall discharge their duties as specified and or directed by Council. However,the Committee may propose recommendations or otherwise participate regarding legislative matters including but not limited to,citywide transportation policy;transportation system planning,development standards, etc. C. Members of the Committee shall not make representations on behalf of the City of Tigard or the Committee,nor act in an official capacity,unless specifically authorized through an action of the Committee. D. Membership in the Committee does not restrict in any way the rights of any Committee member from exercising their participatory or due process rights as a private citizen. SECTION VIII.ATTENDANCE If any regular member of the Committee is unable to attend a meeting,he or she is expected to notify the Chair or Vice Chair,or the staff liaison if delegated by the Chair. If any member is absent from any six (6),regularly scheduled meetings within one year or three(3)consecutive meetings without reasonable cause,the issue shall be placed on the upcoming agenda,and upon majority vote of the Committee,that position shall be declared vacant.The Committee shall forward its action to the Mayor and Council,who may fill the vacant position. SECTION IX.QUORUM At any meeting of the Committee,a quorum shall be a majority of the current regular members of the Committee. No action shall be taken in the absence of a quorum except that the meeting may continue with discussion on agenda items. For the purposes of forming a quorum,members who have disqualified or excused themselves from participation in any matter shall be counted as present. City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I page 4 In the event a quorum will not be present at any meeting,the Chair or Vice Chair shall notify the Committee members in advance so that a decision may be made whether to meet and take no action on agenda items,or to reschedule to a different time. SECTION X.REMOVAL OF MEMBERS A. The City Council may remove members of the Committee in accordance with Section VIII Attendance. B. The Council may also remove members,when,in its judgment the conduct of a member does not conform to the City of Tigard Code of Conduct for Boards,Commissions and Committees or based on other conduct unbecoming a representative of the City. C. The Committee may make a recommendation to Council for the removal of a member for failure to comply with Section 7 Committee Member Responsibilities.The Committee shall forward a recommendation for replacement to the Mayor and Council in a timely manner. SECTION M.ANNUAL REPORT OF THE COMMITTEE A. Not later than December 1,the Committee shall prepare an Annual Report to the City Council. B. The Annual Report shall include a summary of key activities and proceedings and any specific suggestions or recommendations which the Committee believes would assist its mission or improvement of the City's transportation system. C. The Annual Report may be in the form of a joint meeting with Council. D. The Annual Report shall not be submitted unless approved by the Committee. Committee members will be provided an opportunity to prepare for and participate in the joint meeting. SECTION XII.AMENDMENTS A. These bylaws are adopted by resolution of the Tigard City Council,are binding on the Committee,and may be amended by the City Council.The Committee may propose amendments for Council consideration. City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 www.tigard-or.gov I page 5 AGENDA ITEM No. 9 Date: December 4, 2018 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Legislative Public Hearing — CONSIDER ORDINANCE AMENDING TMC SECTION 3.65.270 AND RESOLUTION AMENDING TIGARD TRANSPORTATION ADVISORY COMMITTEE BYLAWS This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 9 Date: December 4, 2018 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Pro onent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone N 2 o. Name, ddress&Phone No. Name, -Address&Phone No. Na Address&Phon o. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.