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TCDA Packet - 12/03/2019
■ City of'I'igitrd Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: December 3,2019 - 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 6:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be beard in any order after 6:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: httn://www.tigard-or.eoy/city hall/council meetinexhn CABLE VIEWERS: The first City Council meeting of the month may be shown live on Channel 28 at 6:30 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. Clay 0J ISI"Ard Tigard Business Meeting—Alggenda TIGARD CITY COUNCIL & TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: December 3,2019 - 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. CONSENT AGENDA: (Tigard City Council) The Consent Agenda is used for routine items including council meeting calendars, appointments to boards and committees and approval of contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting.These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. Motion to: A. CONSIDER APPROVAL OF ODOT LOCAL AGENCY AGREEMENT FOR ARTS 99W STREETLIGHTS •Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Councill Town Center Development Agency has voted on those items which do not need discussion. 4. CONSIDER RESOLUTION APPOINTING TOWN CENTER ADVISORY COMMISSION MEMBERS 6:40 pm. estimated time 5. CONSIDER RESOLUTION APPOINTING TIGARD TRANSPORTATION ADVISORY COMMITTEE MEMBERS 6:45 p.m. estimated time 6. CONSIDER RESOLUTION APPOINTING PLANNING COMMISSION MEMBERS 6:50 p.m. estimated time 7. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENTS TO TIGARD MUNICIPAL CODE 7.58 CONDUCT ON CITY PROPERTY 6:55 p.m. estimated time 8. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENTS TO TIGARD MUNICIPAL CODE 7.52 RELATING TO PARK PROPERTY RULES 7:05 p.m. estimated time 9. LEGISLATIVE PUBLIC HEARING: CONSIDERATION OF AMENDMENTS TO THE TIGARD MUNICIPAL CODE REGARDING RESIDENTIAL PARKING 7:15 p.m. estimated time 10. LEGISLATIVE PUBLIC HEARING: CONSIDER AMENDMENT TO TIGARD MUNICIPAL CODE TO REPEAL 10.28.175 7:45 p.m. estimated time 11. CONSIDER RESOLUTION ADOPTING THE AMERICANS WITH DISABILITIES SELF-EVALUATION AND TRANSITION PLAN 7:50 p.m. estimated time 12. RECEIVE UPDATE ON "A NEW TIGARD TRIANGLE: PLANNING FOR EQUITABLE DEVELOPMENT" IMPLEMENTATION STRATEGY 8:05 p.m. estimated time 13. RECEIVE UPDATE ON THE PERFORMANCE AUDIT IMPLEMENTATION PLAN 8:25 p.m. estimated time 14. CONSIDER RESOLUTION ALIGNING PUBLIC WORKS FEES AND CHARGES EFFECTIVE DATE TO FISCAL YEAR PROCESS 8:45 p.m. estimated time 15. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 16. NON-AGENDA ITEMS 17. ADJOURNMENT 9:00 p.m. estimated time AGENDA ITEM NO. 2 B - PUBLIC COMMENT DATE: December 3, 2019 (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 City Also,please spell your name as it sounds,if it will help 4Y the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email Name City Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email Name City Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Optional: If you want a response from staff please leave your contact information: Address City State Zip Phone no. or email AIS-4016 3. A. Business Meeting One Meeting Date: 12/03/2019 Length (in minutes): Consent Item Agenda Title: Consider Local Agency Agreement for ARTS 99W Streetlights Submitted By: Christina Zellmer, Public Works Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council approve the Local Agency Agreement with ODOT for the ARTS 99W streetlight project? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the Local Agency Agreement with ODOT for the ARTS 99W streetlight project. KEY FACTS AND INFORMATION SUMMARY In February of 2019 the City signed an agreement with ODOT for the All Roads Transportation Safety Program to have the State deliver the 99W Streetlight project on behalf of the City,with the City contributing a 7.78% match for the federal funds.The project total was estimated at$1,177,000 which would make the City match $91,571. The project is to install new illumination at 10 intersections along OR99W within the City limits.The sites were chosen based on existing lighting conditions and safety concerns. Upon selection of a consultant for the design portion of the project, staff found that the consultant fees were significantly over what the project had estimated for that phase. The consultant fees came in at $539,413. The initial project estimate was $226,300. ODOT requested that the City reduce the scope of the project to match the fee or provide additional funding. Another option suggested was to use the State Fund Local Project program which exchanges federal funds for state funds. This would remove the federal requirements and allow the City to deliver the project itself, rather than through the State. To qualify for the program the scope would need to be reduced from $1,177,000 to $1,000,000. The initial assumptions were evaluated and updated, and the federal requirements and ODOT project management fee were removed,which brought the scope down to $1,000,000 without having to remove any of the intersections. State funds would cover up to $922,200, and the City would be responsible for$77,800. This fund exchange program would allow the City to deliver all the originally-slated intersections and also reduce the cost to the City. OTHER ALTERNATIVES Without the program to exchange federal funds for state funds, the project would remain managed by the state with federal funds and the City would need to choose at least two of the 10 intersections to remove from the scope or fund the design difference of$364,113 (and potentially any additional construction costs). COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION The council's first consideration for the original IGA was February 2019. Fiscal Impact Cost: 1,000,000 Budgeted (yes or no): Yes Where budgeted?: Gas Tax Additional Fiscal Notes: State will reimburse 92.22 percent of project costs up to $922,200. Estimated total cost is $1,000,000 which makes our estimated cost$77,800. City previously budgeted $91,571 for this project. Attachments OrijZinal IGA New IGA Misc. Contracts and Agreements No. 32976 LOCAL AGENCY AGREEMENT All Roads Transportation Safety State Delivered Federal Project OR99W (Barbur Blvd): MP 8.01 to MP 11.50 THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State" or "ODOT," and the CITY OF TIGARD acting by and through its elected officials, hereinafter referred to as "Agency," each herein referred to individually as a "Party" and collectively as the "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2. OR 99W is a part of the state highways system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 3. Agency has agreed that State will deliver this project on behalf of the Agency. 4. The Stewardship and Oversight Agreement On Project Assumption and Program Oversight By and Between Federal Highway Administration, Oregon Division and the State of Oregon Department of Transportation ("Stewardship Agreement") documents the roles and responsibilities of the State with respect to project approvals and responsibilities regarding delivery of the Federal Aid Highway Program. This includes the State's oversight and reporting requirements related to locally administered projects. The provisions of that agreement are hereby incorporated and included by reference. 5. The project set forth in this Agreement was selected as part of the All Roads Transportation Safety Program and may be funded with a combination of eligible federal and state funds. NOW, THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, Agency and State agree to State delivering on behalf of Agency the OR99W (Barbur Blvd): MP 8.01 to MP 11.50 project, hereinafter referred to as the "Project." The Project's scope and location are further set forth in Exhibit A, attached hereto and by this reference made a part hereof. 2. State and Agency agree that State will serve as the lead contracting agency and contract administrator for the consultant contract related to the work under this Agreement. 3. The total cost of the Project set forth in this Agreement is estimated at $1,177,000, which is subject to change. Federal funds for the Project are limited to $1 ,085,429. Agency shall be responsible for the 7.78 percent match for all eligible costs and any non-participating costs. Key No. 20439 State/Agency MC& A No. 32976 Any unused federal or state funds will be retained by State, and will not be available for use by Agency for this Agreement or any other projects. 4. If the total cost of the Project exceeds $1,177,000, the Parties shall be responsible for such excess costs as provided in Special Provisions Paragraph 4. 5. Federal funds under this Agreement are provided under Title 23, United States Code. 6. With the exception of Americans with Disabilities Act of 1990 (ADA) related design standards and exceptions, State shall consult with Agency on Project decisions that impact Total Project Cost involving the application of design standards, design exceptions, risks, schedule, and preliminary engineering charges, for work performed on roadways under local jurisdiction. State will allow Agency to participate in regular meetings and will use all reasonable efforts to obtain Agency's concurrence on plans. State shall consult with Agency prior to making changes to Project scope, schedule, or budget. However, State may award a construction contract within ten (10) percent (%) of the engineer's estimate without prior approval of Agency. 7. State will submit the requests for federal funding to Federal Highway Administration (FHWA). The federal funding for this Project is contingent upon approval of each funding request by FHWA. Any work performed outside the period of performance or scope of work approved by FHWA will be considered nonparticipating and paid for at Agency expense. 8. Agency guarantees the availability of Agency funding in an amount required to fully fund Agency's share of the Project. 9. State considers Agency a subrecipient of the federal funds it receives as reimbursement under this Agreement. 10.The Catalog of Federal Domestic Assistance (CFDA) number and title for this Project is 20.205, Highway Planning and Construction. 11.The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate upon completion of the Project and final payment or ten (10) calendar years following the date all required signatures are obtained, whichever is sooner. 12.This Agreement may be terminated by mutual written consent of both Parties. 13.State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. 2 State/Agency MC& A No. 32976 c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or if State is prohibited from paying for such work from the planned funding source. 14.Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 15. Information required by 2 Code of Federal Regulation (CFR)200.331(a)(1)shall be contained in the USDOT FHWA Federal Aid Project Agreement for this Project, a copy of which shall be provided by ODOT to Agency with the Notice to Proceed. 16.Indirect Cost Rate. a. As required by 2 CFR 200.331(a)(4), the indirect cost rate(s)for this Project at the time the agreement is written is 0%. This rate may change during the term of this Agreement upon notice to ODOT and ODOT's subsequent written approval. b. If the approved rate(s) change(s) during the term of this Agreement, Agency shall invoice ODOT using the current indirect cost rate(s) for the Project on file with ODOT at the time the work is performed. If Agency does not have approved indirect cost rate(s) on file with ODOT at the time the work is performed, Agency shall invoice ODOT using a zero percent (0%) rate. 17.By signing this Federal-Aid Agreement Agency agrees to comply with the provisions of the Federal Funding Accountability and Transparency Act (FFATA) and is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.qpo.gov/2010/pdf/2010-22706.pdf. If, in the preceding fiscal year, Agency received more than eighty percent (80%) of its gross revenues from the federal government, those federal funds exceed $25,000,000 annually, and the public does not have access to information about the compensation of executives through reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986, Agency shall report the total compensation and names of its top five executives to State. Agency shall report said information to State within 14 calendar days of execution of this Agreement and annually thereafter, utilizing the FFATA form attached hereto as Exhibit "B". 18.Americans with Disabilities Act Compliance: a. When the Project scope includes work on sidewalks, curb ramps, or pedestrian- activated signals or triggers an obligation to address curb ramps or pedestrian signals, the Parties shall: 3 State/Agency MC& A No. 32976 i. Utilize ODOT standards to assess and ensure Project compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 as amended by the ADA Amendments Act of 2008 (together, "ADA"), including ensuring that all sidewalks, curb ramps, and pedestrian-activated signals meet current ODOT Highway Design Manual standards; ii. Follow ODOT's processes for design, modification, upgrade, or construction of sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing a temporary pedestrian accessible route plan and current ODOT Curb Ramp Inspection form; iii. At Project completion, send a completed ODOT Curb Ramp Inspection Form 734- 5020 to the address on the form as well as to State's Project Manager for each curb ramp constructed, modified, upgraded, or improved as part of the Project. The completed form is the documentation required to show that each curb ramp meets ODOT standards and is ADA compliant. ODOT's fillable Curb Ramp Inspection Form and instructions are available at the following address: http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/Pages/HwvConstFormsl.as Px b. State shall ensure that temporary pedestrian routes are provided through or around any Project work zone. Any such temporary pedestrian route shall include directional and informational signs, comply with ODOT standards, and include accessibility features equal to or better than the features present in the existing pedestrian facility. State shall also ensure that advance notice of any temporary pedestrian route is provided in acessible format to the public, people with disabilities, and disability organizations at least 10 days prior to the start of construction. c. Agency shall ensure that any portions of the Project under Agency's maintenance jurisdiction are maintained in compliance with the ADA throughout the useful life of the Project. This includes, but is not limited to, Agency ensuring that: i. Pedestrian access is maintained as required by the ADA, ii. Any complaints received by Agency identifying sidewalk, curb ramp, or pedestrian- activated signal safety or access issues are promptly evaluated and addressed, iii. Any repairs or removal of obstructions needed to maintain Project features in compliance with the ADA requirements that were in effect at the time of Project construction are completed by Agency or abutting property owner pursuant to applicable local code provisions, iv. Any future alteration work on Project or Project features during the useful life of the Project complies with the ADA requirements in effect at the time the future alteration work is performed, and v. Applicable permitting and regulatory actions are consistent with ADA requirements. d. Maintenance obligations in this section shall survive termination of this Agreement. 19.State shall ensure compliance with the Cargo Preference Act and implementing regulations (46 CFR Part 381) for use of United States-flag ocean vessels transporting materials or equipment acquired specifically for the Project. Strict compliance is required, including but not limited to the clauses in 46 CFR 381.7(a) and (b) which are incorporated by 4 State/Agency MC& A No. 32976 reference. State shall also include this requirement in all contracts and ensure that contractors include the requirement in their subcontracts. 20.Agency grants State the right to enter onto Agency right of way for the performance of duties as set forth in this Agreement. 21.The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The Parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. 22.State and Agency agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 23.Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 24.This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 25.This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. In the event of conflict, the body of this Agreement and the attached exhibits will control over Project application and documents provided by Agency to State. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. Notwithstanding this provision, the Parties may enter into a Right Of Way Services Agreement in furtherance of the Project. 26.State Contact for this Agreement is Elizabeth Wakefield, Senior Project Leader, 123 NW Flanders Street, Portland, OR 97209, 503-731-3439, Eliza beth.wakefield@odot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. 27.Agency's Contact for this Project is Mike McCarthy, Senior Project Engineer, 13125 SW Hall Blvd, Tigard, OR 97223, 503-718-2462, mikem@tigard-or.gov, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. 5 State/Agency MC& A No. 32976 Signature Page to Follow 6 State/Agency MC& A No, 32976 THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Project is in the 2018-2021 Statewide Transportation Improvement Program (STIP), (Key 420439) that was adopted by the Oregon Transportation Commission on July 20, 2017 (or subsequently by amendment to the STIP). CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected'offt 'also: its Department of Transportation By By Highway Divi ion A ministrator Title l__��_M_ b / Date Date - �_(/`� APPROVAL RECOMMENDED PI / Title��u A. �- 4v, mavu� Region 1 Manager Date ,� f i 9//9 Date 3' r y (�► LEGAL REVIEW APPROVAL APPROVED AS TO LEGAL SUFFICIENCY By--- - - By Bonnie Heitsch Agency Counsel Date _.),) ) ,I / I , ---- ...- - Date via email dated October 22, 2018 Agency Contact: Mike McCarthy 13125 SW Hall Blvd. State Contact: Tigard, W 97223 ll Bl Elizabeth Wakefield, Senior Project Tigard 8 R Leader 123 NW Flanders Street mikem@tigard-or.gov Portland, OR 97209 (503) 731-3439 elizabeth.wakefield@odot.state.or.us 7 State/Agency MC& A No. 32976 Exhibit A— Project Location and Scope of Work As part of the Project set forth in this Agreement, State will construct the following improvements at the following locations: ARTS ID # Location Improvements 22 OR 99W (Barbur Blvd)at Install illumination at 72nd Ave, Main &Johnson, McKenzie, multiple locations School, Walnut, Frewing, Garrett, Park, Royalty Parkway, and Durham Road. 8 State/Agency MC& A No. 32976 EXHIBIT B Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting (For purposes of this Exhibit, references to"your organization" shall mean"Agency"and references to"ODOT"shall mean"State.") The Oregon Department of Transportation (ODOT) is required to fulfill a federal requirement for contracting under the Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting System (FSRS). FFATA reporting is a requirement for subawards (also known as subrecipients)of federal awards in excess of$25,000,000. Your organization will enter into an agreement with ODOT where the funding source is a federal grant with a subrecipient relationship. Your organization is required to submit the information below to the Oregon Department of Transportation within fourteen calendar days of execution of the Agreement and annually thereafter, if applicable. (See the following page for further details.) Legal entity name: Data Universal Number System (DUNS) number: Executive compensation Executive compensation information is also required to determine whether or not the following information must be reported in FSRS: a. In your organization's previous fiscal year, did your organization receive 80% or more of its annual gross revenue and $25,000,000 or more in federal procurement contracts, subcontracts, loans, grants, subgrants, cooperative agreements and federal financial assistance awards subject to the Transparency Act?(Include parent organization, all branches, and all affiliates worldwide.) ❑ Yes ❑ No If"yes," proceed to b. If"no," no further action is required and submittal of this form is not required. b. Does the public have access to information about the compensation of the senior executives in your organization (including parent organization, all branches, and all affiliates worldwide)through periodic reports filed under section 13(a)or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If"yes," provide a link to the SEC: http://www.sec.gov where this information is located and return form to the ODOT contact shown at the bottom of this form. Provide link here: If"no," provide compensation information below. Names and annual compensation amounts of the five most highly compensated executives: 1. $ 2. $ 3. $ 4. $ 5. $ Business entity contact information (person completing form): Type name Title Date Return completed form to: Jeff Flowers, Program and Funding Services Manager; Oregon Department of Transportation; 555 13th Street NE; Salem, OR 97301;Jeffrey.A.FLOWERS(a�odot.state.or.us 9 State/Agency MC& A No. 32976 Background on FFATA requirements The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26, 2006. The intent is of the Act is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. Definition of compensation Your organization is considered a subrecipient of federal funds. Unless your organization is exempt, FFATA requires you to report total compensation for each of your five most highly compensated executives for the preceding completed year. Total compensation means the cash and non-cash dollar value earned by the executive during the subrecipient's preceding fiscal year and includes the following: salary and bonus; awards of stock, stock options, and stock appropriation rights; earnings for services under non-equity incentive plans; change in pension value; above-market earnings on deferred compensation which is not tax-qualified; and other compensation as defined in 2 CFR Part 170, Section 170.330(b)(5)(vi). More detailed information about the FFATA can be found at: http://edocket.access.gpo.gov/2010/pdf/2010- 22705.pdf If you have any questions, contact: Jeff Flowers Program and Funding Services Manager Oregon Department of Transportation 555 13th Street NE Salem, OR 97301 Jeffrey.A.FLOW ERS(a)-odot.state.or.us Telephone: 503-986-4453 10 State/Agency MC& A No. 32976 ATTACHMENT NO. 1 to AGREEMENT NO. 32933 SPECIAL PROVISIONS 1. State or its consultant shall conduct all work components necessary to complete the Project, except for those responsibilities specifically assigned to Agency in this Agreement. a. State or its consultant shall conduct preliminary engineering and design work required to produce final plans, specifications, and cost estimates in accordance with current state and federal laws and regulations; obtain all required permits; acquire necessary right of way and easements; and arrange for all utility relocations and adjustments. b. State will advertise, bid, and award the construction contract. Upon State's award of the construction contract, a consultant hired and overseen by the State shall be responsible for contract administration and construction engineering & inspection, including all required materials testing and quality documentation. State shall make all contractor payments. c. State will perform project management and oversight activities throughout the duration of the Project. The cost of such activities will be billed to the Project. 2. State and Agency agree that the useful life of this Project is defined as twenty (20) years. 3. If Agency fails to meet the requirements of this Agreement or the underlying federal regulations, State may withhold the Agency's proportional share of Highway Fund distribution necessary to reimburse State for costs incurred by such Agency breach. Agency will be ineligible to receive or apply for any Title 23, United States Code funds until State receives full reimbursement of the costs incurred. 4. If the total cost of the Project exceeds the total Project cost set forth in Terms of Agreement paragraph 3, Agency and State may amend this Agreement to either (a) reduce the scope of the Project such that the available State, federal, and Agency funds are sufficient to complete the Project, or(b)apportion the excess costs between Agency and State in a manner agreeable to both Parties. If the Parties do not amend this Agreement as provided in this paragraph prior to Project completion, Agency shall be responsible for all costs in excess of the state and federal funds as provided in Federal Standard Provisions Paragraph 6. 11 State/Agency MC& A No. 32976 ATTACHMENT NO. 2 FEDERAL STANDARD PROVISIONS PROJECT ADMINISTRATION 1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to meet its obligations to FHWA, State will act for Agency in other matters pertaining to the Project. Prior to taking such action, State will confer with Agency concerning actions necessary to meet federal obligations. State and Agency shall each assign a person in responsible charge "liaison" to coordinate activities and assure that the interests of both Parties are considered during all phases of the Project. 2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. 3. State will provide or secure services to perform plans, specifications and estimates (PS&E), construction contract advertisement, bid, award, contractor payments and contract administration. A State-approved consultant may be used to perform preliminary engineering, right of way and construction engineering services. 4. Agency may perform only those elements of the Project identified in the special provisions. PROJECT FUNDING REQUEST 5. State shall submit a separate written Project funding request to FHWA requesting approval of federal-aid participation for each project phase including a) Program Development(Planning), b) Preliminary Engineering (National Environmental Policy Act- NEPA, Permitting and Project Design), c) Right of Way Acquisition, d) Utilities, and e) Construction (Construction Advertising, Bid and Award). Any work performed prior to FHWA's approval of each funding request will be considered nonparticipating and paid for at Agency expense. State, its consultant or Agency shall not proceed on any activity in which federal-aid participation is desired until such written approval for each corresponding phase is obtained by State. State shall notify Agency in writing when authorization to proceed has been received from FHWA. All work and records of such work shall be in conformance with FHWA rules and regulations. FINANCE 6. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount for the federal funds and any portion of the Project, which is not covered by federal funding, unless otherwise agreed to and specified in the intergovernmental Agreement (Project Agreement). Agency must obtain written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. If federal funds are used, State will specify the Catalog of Federal Domestic Assistance (CFDA)number in the Project Agreement. State will also determine and clearly state in the Project Agreement if recipient is a subrecipient or vendor, using the criteria in 2 CFR 200.330. 12 State/Agency MC& A No. 32976 7. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall pay one hundred (100) percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds or allocations of State Highway Trust Funds to Agency may be withheld to pay the non-participating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines Manual that result in items being declared non-participating by FHWA, such items deemed non-participating will be negotiated between Agency and State. Agency agrees that costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon by the Parties. 8. Agency's estimated share and advance deposit. a) Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of each phase. Exception may be made in the case of projects where Agency has written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. b) Agency's construction phase deposit shall be one hundred ten (110) percent of Agency's share of the engineer's estimate and shall be received prior to award of the construction contract. Any additional balance of the deposit, based on the actual bid, must be received within forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is cancelled. Any balance of a cash deposit in excess of amount needed, based on the actual bid, will be refunded within forty-five (45)days of receipt by State of the Project sponsor's written request. c) Pursuant to Oregon Revised Statutes (ORS) 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool), and an Irrevocable Limited Power of Attorney is sent to State's Active Transportation Section, Funding and Program Services Unit, or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. 9. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear one hundred (100) percent of all costs incurred as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear one hundred (100) percent of all costs incurred. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred. After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. 10. Agency shall follow the requirements stated in the Single Audit Act. Agencies expending $500,000 or more in Federal funds (from all sources) in its fiscal year beginning prior to December 26, 2014, shall have a single organization-wide audit conducted in accordance with the Single Audit Act of 1984, PL 98-502 as amended by PL 104-156 and subject to the requirements of 49 CFR Parts 18 and 19. Agencies expending $750,000 or more in federal funds (from all sources) in a fiscal year beginning on or after December 26, 2014 shall have 13 State/Agency MC& A No. 32976 a single organization-wide audit conducted in accordance with the provisions of 2 CFR part 200, subpart F. Agencies expending less than $500,000 in Federal funds in a fiscal year beginning prior to December 26, 2014, or less than $750,000 in a fiscal year beginning on or after that date, are exempt from Federal audit requirements for that year. Records must be available for review or audit by appropriate officials based on the records retention period identified in the Project Agreement. The cost of this audit can be partially prorated to the federal program. 11. Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. 12. Agency shall present invoices for one hundred (100) percent of actual costs incurred by Agency on behalf of the Project directly to State's Liaison for review, approval and reimbursement to Agency. Costs will be reimbursed consistent with federal funding provisions and the Project Agreement. Such invoices shall identify the Project by the name of the Project Agreement, reference the Project Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Invoices shall be presented for periods of not less than one-month duration, based on actual expenses to date. All invoices received from Agency must be approved by State's Liaison prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those allowable under the provisions of the Federal-Aid Policy Guide (FAPG), Title 23 CFR parts 1.11, 140 and 710. Final invoices shall be submitted to State for processing within forty-five (45) days from the end of each funding phase as follows: a) preliminary engineering, which ends at the award date of construction b) last payment for right of way acquisition and c) contract completion for construction. Partial billing (progress payment) shall be submitted to State within forty-five(45)days from date that costs are incurred. Invoices submitted after 45 days may not be eligible for reimbursement by FHWA. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the Project Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period ending on the later of six (6) years following the date of final voucher to FHWA or after resolution of any disputes under the Project Agreement. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (2 CFR 200.333(c)). 13. Agency shall, upon State's written request for reimbursement in accordance with Title 23, CFR part 630.112(c) 1 and 2, as directed by FHWA, reimburse State for federal-aid funds distributed to Agency if any of the following events occur: a) Right of way acquisition is not undertaken or actual construction is not started by the close of the twentieth federal fiscal year following the federal fiscal year in which the federal-aid funds were authorized for right of way acquisition. Agency may submit a written request to State's Liaison for a time extension beyond the twenty (20) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. b) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth federal fiscal year following the federal fiscal year in which the federal-aid funds 14 State/Agency MC& A No. 32976 were authorized. Agency may submit a written request to State's Liaison for a time extension beyond the ten (10) year limit with no repayment of federal funds and State will forward the request to FHWA. FHWA may approve this request if it is considered reasonable. 14. State shall, on behalf of Agency, maintain all Project documentation in keeping with State and FHWA standards and specifications.This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process control records, test results, and inspection records to ensure that the Project is completed in conformance with approved plans and specifications. 15. State shall submit all claims for federal-aid participation to FHWA in the normal manner and compile accurate cost accounting records. State shall pay all reimbursable costs of the Project. Agency may request a statement of costs-to-date at any time by submitting a written request.When the final total cost of the Project has been computed, State shall furnish Agency with an itemized statement. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal one hundred (100) percent of the final total cost of the Project. Any portion of deposits made in excess of the final total cost of the Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the final total cost of the Project. DESIGN STANDARDS 16. Agency and State agree that minimum design standards on all local agency jurisdictional roadway or street projects on the National Highway System (NHS) and projects on the non- NHS shall be the American Association of State Highway and Transportation Officials (AASHTO) standards and be in accordance with State's Oregon Bicycle & Pedestrian Design Guide (current version). State or its consultant shall use either AASHTO's A Policy on Geometric Design of Highways and Streets (current version) or State's Resurfacing, Restoration and Rehabilitation (3R) design standards for 3R projects. State or its consultant may use AASHTO for vertical clearance requirements on Agency's jurisdictional roadways or streets. 17. Agency agrees that if the Project is on the Oregon State Highway System or a State-owned facility, that design standards shall be in compliance with standards specified in the current ODOT Highway Design Manual and related references. Construction plans for such projects shall be in conformance with standard practices of State and all specifications shall be in substantial compliance with the most current Oregon Standard Specifications for Highway Construction and current Contract Plans Development Guide. 18. State and Agency agree that for all projects on the Oregon State Highway System or a State- owned facility, any design element that does not meet ODOT Highway Design Manual design standards must be justified and documented by means of a design exception. State and Agency further agrees that for all projects on the NHS, regardless of funding source; any design element that does not meet AASHTO standards must be justified and documented by means of a design exception. State shall review any design exceptions on the Oregon State Highway System and retains authority for their approval. FHWA shall review any design exceptions for projects subject to Focused Federal Oversight and retains authority for their approval. 15 State/Agency MC& A No. 32976 19. Agency agrees all traffic control devices and traffic management plans shall meet the requirements of the current edition of the Manual on Uniform Traffic Control Devices and Oregon Supplement as adopted in Oregon Administrative Rule (OAR) 734-020-0005. State or its consultant shall, on behalf of Agency, obtain the approval of the State Traffic Engineer prior to the design and construction of any traffic signal, or illumination to be installed on a state highway pursuant to OAR 734-020-0430. 20. The standard unit of measurement for all aspects of the Project shall be English Units. All Project documents and products shall be in English. This includes, but is not limited to, right of way, environmental documents, plans and specifications, and utilities. PRELIMINARY & CONSTRUCTION ENGINEERING 21. Preliminary engineering and construction engineering may be performed by either a) State, or b) a State-approved consultant. Engineering work will be monitored by State to ensure conformance with FHWA rules and regulations. Project plans, specifications and cost estimates shall be performed by either a) State, or b)a State-approved consultant. State shall review and approve Project plans, specifications and cost estimates. State shall, at project expense, review, process and approve, or submit for approval to the federal regulators, all environmental statements. State shall offer Agency the opportunity to review the documents prior to advertising for bids. 22. Architectural, engineering, photogrammetry, transportation planning, land surveying and related services (A&E Services) as needed for federal-aid transportation projects must follow the State's processes to ensure federal reimbursement. State will award and execute the contracts. State's personal services contracting process and resulting contract document will follow Title 23 CFR part 172, 2 CFR part 1201, ORS 279A.055, 279C.110, 279C.125, OAR 137-048-0130, OAR 137-048-0220(4), OAR 137-048-0260 and State Personal Services Contracting Procedures, as applicable and as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or the state approved consultant prior to receiving authorization from State to proceed. 23. The State or its consultant responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach permits. All pre-construction permits will be obtained prior to advertisement for construction. 24. State shall prepare construction contract and bidding documents, advertise for bid proposals, and award all construction contracts. 25. Upon State's award of a construction contract, State shall perform quality assurance and independent assurance testing in accordance with the FHWA-approved Quality Assurance Program found in State's Manual of Field Test Procedures, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project. 16 State/Agency MC& A No. 32976 26. State shall, as a Project expense, assign a liaison to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and construction). State's liaison shall process reimbursement for federal participation costs. REQUIRED STATEMENT FOR United States Department of Transportation (USDOT) FINANCIAL ASSISTANCE AGREEMENT 27. By signing the Federal-Aid Agreement to which these Federal Standard Provisions are attached, Agency agrees to adopt State's DBE Program Plan, available at https://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/dbe prog plan.aspx. Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. Agency agrees to take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. State's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Project Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Project Agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 United States Code (USC) 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). Disadvantaged Business Enterprises (DBE) Obligations 28. State and Agency agree to incorporate by reference the requirements of 49 CFR part 26 and State's DBE Program Plan, as required by 49 CFR part 26 and as approved by USDOT, into all contracts entered into under this Project Agreement. The following required DBE assurance shall be included in all contracts: "The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR part 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Agency deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b))." 29. State and Agency agree to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil Rights Act of 1964. 30. The Parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 279B.270, incorporated herein by reference and made a part hereof; Title 23 CFR parts 1.11, 140, 635, 710, and 771; Title 49 CFR parts 24 and 26; , 2 CFR 1201; Title 23, USC, Federal-Aid Highway Act; Title 41, Chapter 1, USC 51-58, Anti-Kickback Act; Title 42 USC; Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, the provisions of the FAPG and FHWA Contract Administration Core Curriculum Participants 17 State/Agency MC& A No. 32976 Manual & Reference Guide. State and Agency agree that FHWA-1273 Required Contract Provisions shall be included in all contracts and subcontracts verbatim and not by reference. RIGHT OF WAY 31. Right of Way activities shall be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FAPG, CFR, and the ODOT Right of Way Manual, Title 23 CFR part 710 and Title 49 CFR part 24. State, at Project expense, shall review all right of way activities engaged in by Agency to ensure compliance with all laws and regulations. 32. State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of projects. State or its consultant may perform acquisition of the necessary right of way and easements for construction and maintenance of the Project in accordance with the ODOT Right of Way Manual, and with the prior approval from State's Region Right of Way office. 33. Regardless of who acquires or performs any of the right of way activities, a right of way services agreement shall be initiated by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each Party. If the Project has the potential of needing right of way, to ensure compliance in the event that right of way is unexpectedly needed, a right of way services agreement will be required. State, at Project expense, shall be responsible for requesting the obligation of project funding from FHWA. State, at Project expense, shall be responsible for coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through State's Liaison, who will forward the request to State's Region Right of Way office on all projects. All projects must have right of way certification coordinated through State's Region Right of Way office to declare compliance and project readiness for construction (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on a project). Agency agrees that if any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required. 34. State or its consultant shall ensure that all project right of way monumentation will be conducted in conformance with ORS 209.155. 35. State and Agency grant each other authority to enter onto the other's right of way for the performance of non-construction activities such as surveying and inspection of the Project. RAILROADS 36. State shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through the State's Liaison, who will contact State's Railroad Liaison on behalf of Agency. Only those costs allowable under Title 23 CFR part 140 subpart I, and Title 23 part 646 subpart B shall be included in the total Project costs; all other costs associated with railroad work will be at the sole expense of Agency, or others. 18 State/Agency MC& A No. 32976 UTILITIES 37. State, its consultant, and Agency shall follow State established statutes, policies and procedures when impacts occur to privately or publicly-owned utilities. Policy, procedures and forms are available through the State Utility Liaison or State's Liaison. State, the consultant or Agency shall provide copies of all signed utility notifications, agreements and Utility Certification to the State Utility & Railroad Liaison. Only those utility relocations, which are eligible for reimbursement under the FAPG, Title 23 CFR part 645 subparts A and B, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. Agency may send a written request to State, at Project expense, to arrange for utility relocations/adjustments lying within Agency jurisdiction. This request must be submitted no later than twenty-one (21)weeks prior to bid let date. Agency shall not perform any utility work on state highway right of way without first receiving written authorization from State. GRADE CHANGE LIABILITY 38. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. 39. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. 40. Agency, if a City, by execution of the Project Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection with or arising out of the Project covered by the Project Agreement. MAINTENANCE RESPONSIBILITIES 41. Agency shall, at its own expense, maintain operate, and provide power as needed upon Project completion at a minimum level that is consistent with normal depreciation and/or service demand and throughout the useful life of the Project. The useful life of the Project is defined in the Special Provisions. State may conduct periodic inspections during the life of the Project to verify that the Project is properly maintained and continues to serve the purpose for which federal funds were provided. Maintenance and power responsibilities shall survive any termination of the Project Agreement. In the event the Project will include or affect a state highway, this provision does not address maintenance of that state highway. CONTRIBUTION 42. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense 19 State/Agency MC& A No. 32976 and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 43. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 44. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses,judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses,judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. ALTERNATIVE DISPUTE RESOLUTION 45. The Parties shall attempt in good faith to resolve any dispute arising out of this Project Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration)to resolve the dispute short of litigation. WORKERS' COMPENSATION COVERAGE 46. All employers, including Agency, that employ subject workers who work under this Project Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability Insurance with coverage limits of not less than five hundred thousand ($500,000) must be included. State and Agency shall ensure that each of its contractors complies with these requirements. LOBBYING RESTRICTIONS — pursuant to Form FHWA-1273, Required Contract Provisions 47. Agency certifies by signing the Project Agreement that: 20 State/Agency MC& A No. 32976 a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements)which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. d) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31, USC Section 1352. e) Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000)for each such failure. 21 Misc. Contracts and Agreements No.33625 LOCAL AGENCY AGREEMENT State Funded Local Project Program OR99W (Barbur Blvd): MP 8.01 to MP 11.50 THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State" or "ODOT;" and the CITY OF TIGARD, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Agency wishes to exchange unspent federal funds previously allocated to the Project for state funds, in order to fund the Project using state funding. State has determined that Agency is eligible for state funds for the work to be performed under this Agreement through the State Funded Local Project Program. The Parties enter into this Agreement to exchange these funds, identify the Project that will be funded with the state funds, and describe the method State will use to reimburse Agency for work performed on the Project using the state funds, including establishing invoicing requirements and the proportional reimbursement rate. 2. By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and 366.576, state agencies may enter into cooperative agreements with counties, cities, and units of local government for the performance of any or all functions and activities that a party to the Agreement, its officers, or agents have the authority to perform. 3. OR 99W is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 4. State and Agency entered into Agreement 32976 covering the subject Project wherein State was going to deliver the Project on behalf of Agency. Agency has decided to deliver the Project through the Locally Delivered State Funded Project Program. This Agreement shall supersede and replace Agreement No. 32976 and its supplements in its entirety. Agreement No. 32976 is terminated upon execution of this Agreement. Bills for preliminary engineering work incurred prior to the replacement of Agreement No. 32976 shall be invoiced by Agency and paid for by State under this Agreement. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. State and Agency agree to Agency delivering the OR99W (Barbur Blvd): MP 8.01 to MP 11.50 project hereinafter referred to as "Project." The Project scope and location are further set forth in Exhibit A, attached hereto and by this reference made a part hereof. Key No. 20439 Agency/State Agreement No. 33625 2. The total Project cost for the work to be performed under this Agreement is estimated at $1,000,000, which is subject to change. Prior to exchanging funds, the federal share of the total Project cost is $922,200. a. Per the 1:1 fund exchange ratio of state dollars to federal dollars, Agency will exchange $922,200 of federal dollars allocated for this Project for $922,200 of state dollars. b. State funds under this Agreement are limited to $922,200. 3. Upon receipt and approval of Agency's invoice(s), State shall proportionately reimburse Agency 92.22 percent of eligible, actual costs incurred in carrying out the Project, up to the maximum amount of state funds committed for the Project. 4. Agency is solely responsible for any and all costs incurred in excess of the state funds identified in this Agreement. Any unspent state funds will be retained by State and will not be available for Agency use. State funds transferred to Agency must be used for the Project. 5. To be eligible for reimbursement, expenditures must comply with the requirements of Article IX, Section 3a of the Oregon Constitution. Eligible costs are defined as reasonable and necessary costs incurred by the Agency in performance of the Project. 6. The term of this Agreement will begin upon the date all required signatures are obtained and will terminate upon completion of the Project and final payment or ten (10) calendar years following the date of final execution, whichever is sooner. AGENCY OBLIGATIONS 1. Agency shall perform the work described in TERMS OF AGREEMENT, Parargraph 1 of this Agreement. 2. Americans with Disabilities Act Compliance.- a. ompliance:a. When the Project scope includes work on sidewalks, curb ramps, or pedestrian- activated signals or triggers an obligation to address curb ramps or pedestrian signals, the Parties shall: i. Utilize ODOT standards to assess and ensure Project compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 as amended by the ADA Amendments Act of 2008 (together, "ADA"), including ensuring that all sidewalks, curb ramps, and pedestrian-activated signals meet current ODOT Highway Design Manual standards; ii. Follow ODOT's processes for design, construction, or alteration of sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT 2 Agency/State Agreement No. 33625 Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing a temporary pedestrian accessible route plan and current ODOT Curb Ramp Inspection form; iii. At Project completion, send a completed ODOT Curb Ramp Inspection Form 734-5020 to the address on the form as well as to State's Project Manager for each curb ramp constructed or altered as part of the Project. The completed form is the documentation required to show that each curb ramp meets ODOT standards and is ADA compliant. ODOT's fillable Curb Ramp Inspection Form and instructions are available at the following address: https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx-I and iv. Promptly notify ODOT of Project completion and allow ODOT to inspect Project sidewalks, curb ramps, and pedestrian-activated signals located on or along a state highway prior to acceptance of Project by Agency and prior to release of any Agency contractor. b. Agency shall ensure that temporary pedestrian routes are provided through or around any Project work zone. Any such temporary pedestrian route shall include directional and informational signs, comply with ODOT standards, and include accessibility features equal to or better than the features present in the existing pedestrian facility. Agency shall also ensure that advance notice of any temporary pedestrian route is provided in acessible format to the public, people with disabilities, and disability organizations at least 10 days prior to the start of construction. c. Agency shall ensure that any portions of the Project under Agency's maintenance jurisdiction are maintained in compliance with the ADA throughout the useful life of the Project. This includes, but is not limited to, Agency ensuring that: i. Pedestrian access is maintained as required by the ADA, ii. Any complaints received by Agency identifying sidewalk, curb ramp, or pedestrian-activated signal safety or access issues are promptly evaluated and addressed, iii. Agency, or abutting property owner, pursuant to local code provisions, performs any repair or removal of obstructions needed to maintain the facility in compliance with the ADA requirements that were in effect at the time the facility was constructed or altered, iv. Any future alteration work on Project or Project features during the useful life of the Project complies with the ADA requirements in effect at the time the future alteration work is performed, and 3 Agency/State Agreement No. 33625 v. Applicable permitting and regulatory actions are consistent with ADA requirements. d. Maintenance obligations in this section shall survive termination of this Agreement. 3. Except as otherwise provided in Agency Obligations Paragraph 2 above, Agency agrees that the Project shall be developed in conformance with the applicable American Association of State Highway and Transportation Officials (AASHTO) standards, including the current edition of A Policy on Geometric Design of Highways and Streets. 4. Agency shall follow the Buy America statute under Title 23, United States Code, Section 313. Such provision shall be included as part of the construction contract. 5. Agency shall obtain a permit to occupy State right of way through the State District 2B Office prior to the commencement of construction. 6. If Project includes traffic signal or illumination improvements on or along a state highway, Agency shall: a. Obtain a miscellaneous permit to occupy State right of way through the State District 2B Office prior to the commencement of construction. b. Pursuant to Oregon Administrative Rule (OAR) 734-020-0430, obtain the approval of the State Traffic Engineer prior to the design and construction of any traffic signal or illumination to be installed on a state highway. c. Ensure Agency, or its contractor's, electrical inspectors possess a current State Certified Traffic Signal Inspector certificate, in order to inspect electrical installations on State highways. The State District Permitting Office shall verify compliance with this requirement prior to construction. The permit fee should also cover the State electrician's supplemental inspection. 7. Agency shall submit all of the following items to State's Project Manager, at Project completion and prior to final payment: a. Final Project completion Inspection form No. 734-5063 (completed with State's Project Manager); b. Final Cost; c. As-Constructed Drawings 8. Agency must obtain approval from the Region 1 Traffic Manager for changes to the Project's scope, schedule, or budget by submitting a request through State's project liaison or manager by written notification, e-mail is acceptable. Agency shall be fully 4 Agency/State Agreement No. 33625 responsible for cost increases due to changes to the established Project scope, schedule, or budget made prior to approval. The Parties shall execute an amendment to this Agreement to memorialize any approved changes referenced in this paragraph. 9. Agency shall present invoices for the eligible, actual costs incurred by Agency on behalf of the Project directly to State's Project Manager listed in this Agreement for review and approval. Such invoices shall be in a form identifying the Project, Key number, the Agreement number, the Project phase and amount charged to each (such as preliminary engineering, right of way, and construction), the invoice number, and will itemize all expenses for which reimbursement is claimed. Invoices shall be presented for periods greater than one month, based on actual expenses incurred, and must clearly specify the percentage of completion of the Project. Agency shall also include with the invoice a Project progress report or summary that describes work accomplished for the period being invoiced and work expected for the next invoicing period. Travel expenses will not be reimbursed. 10.Agency, or its consultant, shall conduct the necessary preliminary engineering and design work required to produce final plans, specifications and cost estimates in accordance with current state and federal laws and regulations; obtain all required permits; be responsible for all utility relocations; advertise for bid proposals; award all contracts; perform all construction engineering; and make all contractor payments required to complete the Project. 11.Agency or its consultant shall acquire all necessary right of way in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35 and the State Right of Way Manual. 12.Agency shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 279B.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 13.Agency shall perform the services under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. 5 Agency/State Agreement No. 33625 14.All employers, including Agency, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Agency shall ensure that each of its subcontractors complies with these requirements. 15.Agency shall, at its own expense, maintain, operate, and provide power as needed upon Project completion at a minimum level that is consistent with normal depreciation and/or service demand and throughout the useful life of the Project. State and Agency agree that the useful life of this Project is defined as 20 years. Maintenance and power responsibilities shall survive any termination of the Project Agreement. 16.Utility relocation or reconstruction may or may not be an eligible Project expense according to the following standard: a. The expense is an eligible expense if the owner of the utility facility possesses a property right for its location on the public right of way. b. The expense is not an eligible expense if the owner of the utility facility does not possess a property right for its location, but the facility exists on the public right of way solely under the permission of the Agency or other road authority, whether that permission is expressed or implied, and whether written or oral. 17.Agency certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within Agency's current appropriation or limitation of the current budget. Agency further agrees that they will only submit invoices to State for reimbursement on work that has been performed and paid for by Agency as described in this Agreement. 18.Agency shall require its contractor(s) and subcontractor(s) that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Oregon Department of Transportation and its officers, employees and agents from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys' fees, arising from a tort, as now or hereafter defined in ORS 30.260 (Claims), to the extent such Claims are caused, or alleged to be caused by the negligent or willful acts or omissions of Agency's contractor or any of the officers, agents, employees or subcontractors of the contractor. It is the specific intention of the Parties that State shall, in all instances, except to the extent Claims arise from the negligent or willful acts or omissions of the State, be indemnified from and against all Claims caused or alleged to be caused by the contractor or subcontractor. 19.Any such indemnification shall also provide that neither Agency's contractor and subcontractor nor any attorney engaged by Agency's contractor and subcontractor 6 Agency/State Agreement No. 33625 shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that Agency's contractor is prohibited from defending the State of Oregon, or that Agency's contractor is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have against Agency's contractor if the State of Oregon elects to assume its own defense. 20.If Agency enters into a construction contract for performance of work for the Project, then Agency will include provisions in that contract requiring its contractor to comply with the following: a. Contractor and Agency shall name State as a third party beneficiary of the resulting contract. b. Contractor shall indemnify, defend and hold harmless State from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, sub-contractors, or agents under the resulting contract. c. Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the resulting contract, Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverages that are satisfactory to State. This insurance shall include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with Automobile Liability Insurance (with separate limits). Coverage shall be written on an occurrence basis. If written in conjunction with Automobile Liability the combined single limit per occurrence shall not be less than ® $1,000,000 ❑ $2,000,000 ❑ $5,000,000 for each job site or location. Each annual aggregate limit shall not be less than ❑ $1,000,000 $2,000,000 ❑ $4,000,000 ❑ 10,000,000. d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the resulting contract, Commercial Business Automobile Liability Insurance covering all owned, non-owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence shall not be less than $1,000,000. e. Additional Insured Endorsement. The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers' Compensation, if included, required for performance of the resulting contract will include State and 7 Agency/State Agreement No. 33625 its divisions, officers and employees as Additional Insured but only with respect to the Contractor's activities to be performed under the resulting contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. f. Notice of Cancellation or Change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non-renewal of insurance coverage(s) without thirty (30) days written notice from the Contractor or its insurer(s) to State. Any failure to comply with the reporting provisions of this clause shall constitute a material breach of the resulting contract and shall be grounds for immediate termination of the resulting contract and this Agreement. 21.Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts during the course of the Project and for a period of six (6) years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 22.Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 23.Agency's Project Manager for this Agreement is Tegan Enloe, PE, Senior Project Engineer, 13125 SW Hall Blvd, Tigard, OR 97223, 503-718-2442, tegane@tigard- or.gov, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS 1. In consideration for the services performed under this Agreement, State shall reimburse Agency 92.22 percent of eligible costs incurred in carrying out the Project up to the maximum amount of state funds committed for the Project in Terms of Agreement, Paragraph 2 of this Agreement. Reimbursements shall be made by State within forty-five (45) days of State's approval of a request for reimbursement from Agency, except that final payment will be withheld until the State's Project Manager has completed final project inspection and project acceptance. 2. State shall provide the following items to Agency's Project Manager no later than 30 days after execution of this Agreement: a. Scoping Notes; and b. Any other project specific information gathered during the scoping and selection process 8 Agency/State Agreement No. 33625 3. State's Project Manager will arrange for a final project inspection upon notification from Agency of Project completion, to confirm project completeness and fulfillment of Agreement obligations, prior to final payment. 4. State's Project Manager for this Agreement is Reem Khaki, 123 NW Flanders Street, Portland, OR 97217, 503-731-8501, reem.d.khaki@odot.state.or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual consent of both Parties. 2. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or if State is prohibited from paying for such work from the planned funding source. 3. If State terminates this Agreement for the reasons described in General Provisions 2(a) or (b) above, Agency must reimburse State for all state funds expended. If Agency fails to reimburse State, State may withhold Agency's proportional share of State Highway Fund distribution necessary to reimburse State for costs incurred by such Agency breach. 4. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 5. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to 9 Agency/State Agreement No. 33625 the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 6. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 7. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 8. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 9. State and Agency are the only Parties to this Agreement and, as such, are the only Parties entitled to enforce its terms. Nothing in this Agreement gives or shall be construed to give or provide any benefit, direct, indirect or otherwise to third persons unless such third persons are expressly identified by name and specifically described as intended to be beneficiaries of its terms. 10 Agency/State Agreement No. 33625 10.This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 11.This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification, or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver by that Party of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Project is in the 2018-2021 Statewide Transportation Improvement Program (STIP), (Key #20439) that was adopted by the Oregon Transportation Commission on July 20, 2017 (or subsequently by amendment to the STIP). 11 Agency/State Agreement No. 33625 CITY OF TIGARD, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation By By Highway Division Administrator Date Date By APPROVAL RECOMMENDED Date By LEGAL REVIEW APPROVAL (If required Region 1 Manager in Agency's process) Date By Agency Counsel By Date Region 1 Traffic Manager Agency Contact: Date Tegan Enloe 13125 SW Hall Blvd. Tigard, OR 97223 APPROVED AS TO LEGAL 503-718-2442 SUFFICIENCY tegane@tigard-or.gov By State Contact: Assistant Attorney General (If Over Reem Khaki $150,000) 123 NW Flanders Street Portland, OR 97217 Date 503-731- 8501 Reem.d.khaki@odot.state.or.us 12 Agency/State Agreement No. 33625 EXHIBIT A — Project Location and Scope of Work As part of the Project set forth in this Agreement, Agency will construct the following improvements at the following locations: Location: OR 99W (Barbur Blvd) Install illumination at 72nd Ave, Main & Johnson, McKenzie School, Walnut, Frewing, Garrett, Park, Royalty Parkway, and Durham Road. 13 AIS-3987 4. Business Meeting One Meeting Date: 12/03/2019 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 Renette Hier and Kate Rogers and appointing Elise Shearer as voting members, appointing Teri Karren-Keith and Katlyn Prentice as non-voting alternates members, and appointing Justin Watson 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, 2022. 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, 2020. The Mayor's Appointment Advisory Committee recommended that Renette Hier and Kate Rogers be reappointed and Elise Shearer appointed as voting members to fill terms that expire December 31, 2022; that Teri Karren-Keith and Kadyn Prentice be appointed as non-voting alternate members to fill a term that will expire December 31, 2020; and that Justin Watson be appointed as a non-voting ex-officio member to fill a term that will expire December 31, 2020. 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 Council Resolution TCAC Bios CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19 - A RESOLUTION REAPPOINTING RENETTE HIER AND KATE ROGERS AND APPOINTING ELISE SHEARER AS VOTING MEMBERS OF THE TOWN CENTER ADVISORY COMMISSION, TERI KARREN-KEITH AND KATLYN PRENTICE AS NON-VOTING ALTERNATE MEMBERS AND JUSTIN J. WATSON AS A NON-VOTING EX OFFICIO MEMBER. WHEREAS, there currently exists three vacancies for voting members, up to two vacancies for non-voting alternate members and up to two non-voting ex officio members of the Town Center Advisory Commission; and WHEREAS,the Mayor's Appointment Advisory Committee recommends that Council reappoint Renette Hier and Kate Rogers and appoint Elise Shearer as voting members;and WHEREAS, the Mayor's Appointment Advisory Committee recommends that Council appoint Teri Karren-Keith and Katlyn Prentice as non-voting members;and WHEREAS, the Mayor's Appointment Advisory Committee recommends that Council appoint Justin Watson as non-voting ex officio member. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Renette Hier and Kate Rogers are reappointed and Elise Shearer is appointed as voting members to fill terms that expire December 31,2022. SECTION 2: Teri Karren-Keith and Kadyn Prentice are appointed as non-voting members to fill terms that will expire December 31,2020. SECTION 3: Justin Watson is appointed as non-voting ex officio member to fill a term that will expire December 31,2020. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2019. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 19- Page 1 TOWN CENTER ADVISORY COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On December 3, 2019, the Tigard City Council will consider a Resolution to appoint Renette Hier, Kate Rogers, and Elise Shearer as voting members, appoint Teri Karren-Keith and Katlyn Prentice as non-voting alternates and appoint Justin J. Watson as a non-voting ex officio member of the Town Center Advisory Commission. Renette Hier has been on the Town Center Advisory Commission since 2019. She has been a Tigard resident for twenty-seven years and works as a compensation professional for Providence Health and Services. Teri Karren-Keith is a commercial lender who works for Beneficial State Bank. She has served on the City of Tigard Affordable Housing Plan Advisory Committee, is a board member for Micro Enterprise Services of Oregon (MESO)and the YMCA, and has volunteer experience with Portland Prosper committees. Katlyn Prentice is a marketer for RE/MAX Equity Group. She has previous volunteer experience in Salem and Boston, MA. Kate Rogers has served as the TCAC Chair since 2018. She has also served on the Bond and Levy Task Force. She is a six-year resident of Tigard and works as global marketing manager for ROLM/Siemens/Unify. Elise Shearer is a former educator and a thirty-two-year Tigard resident. She served previously on the Tigard Transportation Advisory Committee and on the City Center Advisory Commission. She also served on the SW Corridor Advisory Committee and the Tigard Triangle Citizen Advisory Committee. Justin J. Watson currently works full-time and attends Portland State University, studying for a Bachelor of Arts degree in Urban and Public Affairs. He completed an internship through Portland Parks and Recreations and has served on a cyclist safety committee in Portland and volunteered with Blanchet House and Operation Night Strike. AIS-3989 5. Business Meering One Meeting Date: 12/03/2019 Length (in minutes): 5 Minutes Agenda Title: Consider Resolution Appointing Tigard Transportation Advisory Committee Members Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution - Main Public Hearing: No Publication Date: Information ISSUE Shall Council reappoint Lindsey Wise and appoint Alan Eckert, Richard Keast and Holly Koontz as voting citizen representative members and appoint Serge Killingsworth and Sarah Serata as non-voting alternate members of the Tigard Transportation Advisory Committee? STAFF RECOMMENDATION / ACTION REQUEST Approve a resolution reappointing Lindsey Wise and appointing Alan Eckert, Richard Keast and Holly Koontz as voting citizen representative members whose terms will expire December 31, 2022; appointing Serge Killingsworth and Sarah Serata as non-voting alternate members whose terms will expire December 31, 2022. KEY FACTS AND INFORMATION SUMMARY There are four voting citizen positions to be filled on the Tigard Transportation Advisory Committee as these positions have terms due to expire December 31, 2019. Lindsey Wise,Alan Eckert, Richard Keast, Holly Koontz, Serge Killingsworth and Sarah Serata were interviewed on November 14, 2019 by the Mayor's Appointment Advisory Committee. The Committee recommended that Lindsey Wise be reappointed and that Alan Eckert, Richard Keast, and Holly Koontz be appointed as voting citizen representative members; that Serge Killingsworth and Sarah Serata be appointed as non-voting alternate members. Attachment 1 is a Resolution implementing these recommended appointees. 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 require reopening 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 Bios CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19 - A RESOLUTION REAPPOINTING LINDSEY WISE AS A VOTING MEMBER, APPOINTING ALAN ECKERT, RICHARD KEAST AND HOLLY KOONTZ AS VOTING MEMBERS AND APPOINTING SERGE KILLINGSWORTH AND SARAH SERATA AS NON-VOTING ALTERNATE MEMBERS OF THE TIGARD TRANSPORTATION ADVISORY COMMITTEE. WHEREAS,The Tigard Transportation Advisory Committee is comprised of eleven voting positions; and WHEREAS,as of December 31,2019 there are four voting citizen vacancies;and WHEREAS, the Mayor's Appointment Advisory Committee interviewed ten individuals on November 14, 2019 and recommends reappointing Lindsey Wise and appointing Alan Eckert, Richard Keast and Holly Koontz as voting citizen representatives, and appointing Serge Killingsworth and Sarah Serata as non-voting alternate members; NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Lindsey Wise is reappointed,and Alan Eckert,Richard Keast and Holly Koontz are appointed as voting citizen representative members of the Tigard Transportation Advisory Committee with terms expiring December 31, 2022. SECTION 2: Serge Killingsworth and Sarah Serata are appointed as non-voting alternate members of the Transportation Advisory Committee with terms expiring December 31,2022. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2019. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 19 - Page 1 Tigard Transportation Advisory Committee Biographies of Recommended Appointees On December 3, 2019 the Tigard City Council will consider a resolution appointing voting members and alternates to the Tigard Transportation Advisory Committee (ITAC). Following are brief biographies for the individuals recommended for appointment. Recommended for voting positions: Richard Keast has lived in Tigard for 4 years. He is a registered Landscape Architect and has worked on pro-bono projects at local and area schools. Most of his work experience centers around providing a safe built environment for the public. He understands the importance of safety and usability for all street users and is interested in helping Tigard become a thoroughly interconnected city. Holly Koontz has been a Tigard resident for 4 years and works as a program manager for a software company. She gained knowledge and interest in transportation having worked for the Wyoming Department of Transportation in the past. With young children who love to be outside walking and biking, she is interested in learning more about and providing input on transportation and traffic safety decisions in Tigard. Lindsey Wise has been a Tigard resident for 5 years, and previously lived in Portland and Lake Oswego. She works as the Biodiversity Data Manager at the Institute for Natural Resources at Portland State University and regularly uses TriMet to get to work and around the city. She sits on the Southwest Corridor Community Advisory Committee and served on the Tigard Housing Options Task Force. Lindsey is interested in how increasing access to transit,walking, and bicycling can help keep our communities safe and livable in our changing climate. Recommended as alternates (non-voting): Serge Killingsworth has lived in Tigard for 7 years. He had served for the last 4 years as a member of the TTAC Pedestrian Bicycle Subcommittee; he also represented that committee on Metro's Southwest Corridor CAC. Serge moved to Tigard after retiring from a career in civil engineering and teaching. Sarah Serata has been a resident of Tigard for nearly two years and has lived in the Portland Metro region on and off since 1996. She has been a community volunteer and grass roots organizer in San Francisco and Los Angeles. Sarah is an animation producer, currently on a movie with Netflix. AIS-3990 6. Business Meeting One Meeting Date: 12/03/2019 Length (in minutes): 5 Minutes Agenda Title: CONSIDER RESOLUTION APPOINTING PLANNING COMMISSION MEMBERS Prepared For: Tom McGuire, Community Development Submitted By: Doreen Laughlin, Community Development Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Appoint two voting planning commissioners and one non-voting alternate commissioner. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of a resolution appointing Jamie Watson and Alexandria Quinones as voting members of the Tigard Planning Commission, and Craig Schuck as a non-voting alternate member. KEY FACTS AND INFORMATION SUMMARY The Planning Commission currently has two voting positions that expire on December 31, 2019. Applicants were interviewed by the Mayor's Appointment Advisory Committee on November 18th. The Committee recommended that Jamie Watson and Alexandria Quinones be appointed as voting members to fill terms that expire December 31, 2023, and that Craig Schuck be appointed as a non-voting alternate member with a term that will expire December 31, 2021. 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 Bio¢raphical Information CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19- A RESOLUTION APPOINTING JAMIE WATSON AND ALEXANDRIA QUINONES AS VOTING MEMBERS OF THE TIGARD PLANNING COMMISSION,AND APPOINTING CRAIG SCHUCK AS A NON-VOTING ALTERNATE MEMBER. WHEREAS, there are two vacancies for voting members and one vacancy for a non-voting alternate member on the Planning Commission;and WHEREAS,Jamie Watson,Alexandria Quinones, and Craig Schuck applied for appointments to the Planning Commission;and WHEREAS, the Mayor's Appointment Advisory Committee recommends that Council appoint Jamie Watson and Alexandria Quinones as voting members with terms that will expire December 31,2023;and WHEREAS, the Mayor's Appointment Advisory Committee recommends that Council appoint Craig Schuck as a non-voting alternate member to fill a term that will expire December 31,2021. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Jamie Watson and Alexandria Quinones are appointed to the Planning Commission as voting members to fill terms that will expire December 31,2023. SECTION 2: Craig Schuck is appointed as a non-voting alternate member to fill the open position that will expire December 31,2021. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2019. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 19- Page 1 Attachment 2 PLANNING COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION 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 and has been a seated voting commissioner for this past year, having filled an outgoing commissioner's unexpired term. Jamie has also served as a member of the Tigard Levy and Bond Task Force since its inception in 2017. She looks forward to serving a full-term as a voting member of the Planning Commission. Alexandria Quinones has enjoyed her first year of living in Tigard and has been serving as an alternate member of the Planning Commission during that time. 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 says she is honored to step up to a full-term voting position on the Commission and to continue serving her community in that way. Craig Schuck has lived with his wife in Tigard for over seven years. They have four grown children living in the Northwest including a married daughter and their first grandchild,who also live in Tigard. He recently served as an industry representative for a Cleanwater Services student project and has enjoyed working with students at Career Fairs. He serves on a non- profit board to provide chaplain services to an assisted living facility in Portland, and is currently employed as Vice President of Riverside Homes. Craig will bring his land development and construction management experience to the Planning Commission as an alternate member. AIS-4052 7. Business Meeting One Meeting Date: 12/03/2019 Length (in minutes): 10 Minutes Agenda Title: Legislative Public Hearing: Consider Amendments to Tigard Municipal Code 7.58 Conduct on City Property Prepared For: Neil Charlton, Police Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance - Main Public Hearing- Legislative Public Hearing: Yes Publication Date: Information ISSUE Shall Tigard City Council approve amendments to Tigard Municipal Code 7.58 regarding rules of conduct on City property? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the amendments as presented. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code (TMC) 7.58 establishes rules of conduct on City property. As currently written, the code contains both criminal and civil provisions,which complicates enforcement. The proposed amendments establish that TMC 7.58 is a civil code and the circumstances under which police may issue an exclusion for offending conduct. Additional changes include clarifying the exclusion process and that exclusion appeals will be heard in Tigard Municipal Court. The proposed amendments also make numerous housekeeping changes as well as updating the code to comply with current case law, such as removing the camping prohibition on all City property,which has been held unconstitutional. OTHER ALTERNATIVES Council could choose to not approve the proposed amendments or propose additional modifications. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION None. Attachments Ordinance Exhibit A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.58 REGARDING RULES OF CONDUCT ON CITY PROPERTY WHEREAS,Tigard Municipal Code (TMC) 7.58 establishes rules of conduct on all City property;and WHEREAS, TMC 7.58 is not a criminal code and violations may be punishable by exclusion from City property;and WHEREAS, additional changes are necessary to this chapter based on current case law, such as removing the prohibition on camping on any City property;and WHEREAS, the proposed amendments also clarify the process for issuing an exclusion and the municipal court hearing procedures for an appeal of an exclusion. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code 7.58 is amended as shown on the attached Exhibit A (additional language is underlined and deleted text is shown in sil eugh). SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. 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 )2019. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of )2019. Jason B.Snider,Mayor ORDINANCE No. 19- Page 1 Approved as to form: City Attorney Date ORDINANCE No. 19- Page 2 Exhibit A TIGARD MUNICIPAL CODE Chapter 7.58 RULES OF CONDUCT ON B. "Police officer" means a member of the CITY PROPERTY Oregon State Police, municipal police officer, sheriff, a*d or officer of the Tigard Police Sections: Department, including sworn members of the Tigard police reserves. 7.58.010 General Purposes of Chapter 7.58.020 Definitions E. "Authorized 1 •nems—any 7.58.030 Penalty for-Violation empleyee of the City of Tigard autheFized an 7.58.040 Prohibited Acts Generally designated by the ", - or- depwtfn 7.58v5/1 CORSiSteRey With State tel; eeto-- to enfeFee any to within it-y pFepeft�,, including uildings and park Hg 10tS. These hese fuleS 7.58.860 A..tli ffity of the City Manage shall be established b si nt., o,l 7.58.070 Publie 17 or-Ics Dir-eetor-Citv speeifieally within the Tigard Munieipal Code. Manner to Make Rules and Regulations 7.58.030 Penalty for-Violation 7.58.080 Rules of Conduct on City Property 7.58.090 Enforcement and Exclusion provided, an), vielatie^ of a pFevisien oftl;is from City Property 6haptfr `hall ^t'^" be punished by ., 7.58.100 Right to Appeal ao A--f t MA11 till' ecnn .by ; o„t Of 7.58.110 Variances HOt "' o th-All SiX 0100thS, "r '"' h"th no o.,teF p .,lty Shall be imposed than allowed 7.58.010 General Purposes of Chapter . The general purposes of the provisions set 7.58.040 Prohibited Acts Generally forth in Chapter 7.58 are to prevent and prohibit conduct that threatens harm to individual or public A. Any act or thing prohibited or the failing interests, or interferes with serving the public, to to do any act or thing commanded to be done in preserve the enjoyment, safety, comfort and this chapter, on city property, within the corporate convenience of the public, and to enhance the limits of the City of Tigard and within such other orderly administration and operation of city areas as may be specified in this chapter is hereby business on city property, by prohibiting conduct declared to be an offense against the public peace, that unreasonably interferes with the safety, health, morals, and general welfare of the administration and lawful use of city property and people of the City of Tigard. providing fair warning of the nature of the conduct declared to constitute an offense. B. Any act or omission prohibited by rn*de unlanv-fial under this chapter shag includes causing, 7.58.020 Definitions allowing, permitting, aiding, abetting, suffering, or concealing any such act or omission. A. "City property" means any property owned or managed by the city, including but not 7.58.050 r•onsist,,,,..y with State - limited to parks, greenways, buildings, parking Criminal Law lots or other land or physical structures owned o managed by the eit5. 7-58-1 Code Update: 3112 Exhibit A TIGARD MUNICIPAL CODE This Ghaptff shall be eenstpaed so as to M.,,leby thO air^^t^"she remains in full force .,,1e,. ;t , ;�.^„* • „th State Of n..egOR ffifflifial and effect as if it were an ordinance. The ci law, and any pr-oeedures- or- defenses made manager may delegate this authority. available in the p ••tion „f the smi]Ar offenses • nde,- State of n.e.^., ,1 law shall 7.58.080 Rules of Conduct on City Property 7.558.060 A..thOFity..f the City Manager Tile-en--or- about eity It is a violation of this chapter to: The eit., fnanageF shall designate A No per-son svViolate any federal; or PFO„e.,;es for-the p e of e„4o..,.;„^the,-,•les f state law or City of Tigard ordinance or rule lave. Eenduet. in addition,- pokee—and—authorized employees shall have the auther-it), to eafer-ee the B. No per-son mall eEnter or remain on any ,.•,les of e ndtiet or- about eit„ properties, city property for purposes other than to conduct deemed-neeessaf:y by thc- ehafge,0 legitimate business with the city or to use that ..he., etu ll.. e okee ef'fieer e property lawfully under the rules provided by the authAr-i7Ad offipleyee. Th Shall also City. appoint the autheFit.,to heaF e.elusion a ea4 C. No peFSOfi �he" eEnter or attempt to 7.58.070 Publie `x OFIES DiFeetO City enter any secure portion of any city government Manager to Make Rules and building that is not open to members of the Regulations general public,without authorization from the city manager or a designee. The i feet^.. Of..••hl;.. . OFkS city manager is authorized to make such rules and regulations not D. No per—son dDeface, damage, or in conflict with the ordinances of the city as the destroy city property. director finds necessary for the better control and management of city propeqy. parks ff@efiways E. NO AeFSOH sha4 eEngage in conduct that and eity owned or-managed buildings and par-king degrades the appearance of city property, f eilities. These regulations may will be posted at including but not limited to, depositing trash, the applicable property and are in addition to all spitting, urinating, or defecating upon the other applicable laws and ordinances. property. meant to be all ine-Ausive of the eenduet prohibited F. NO NeTS^^ sha" eEngage in conduct that required by this ehe„te. if an), peFsen 4oek disrupts or interferes with the normal operations aggFieved byan), eh .-.•le ^ gelation the A of the city government, or engage in conduct that person may appeal to the city council to amend or disturbs customers or employees of the city repeal a rule government, including but not limited to, conduct by filing a petition with the city manage reeerder that creates unreasonable noise, or conduct that a—petition whieh that states the basis for the consists of loud or boisterous physical behavior. objection. shall be ffesented to the eetmeil at its next regular-meeting Until and unless amended or G. No per-sen shaI eEngage in conduct that repealed by the council, any rule or regulation subjects or may subject customers or employees 7-58-2 Code Update: 3112 Exhibit A TIGARD MUNICIPAL CODE of the city government to annoyance or alarm, attempt, including but not limited to, conduct that involves the use of abusive or threatening language or a. r hapte f 162, gestures. the St-ate aad Publi, ustirae; per-son14. No shall o pr-epef , Pers meted to,plaeing-objects sueh as ,yes; dyez1,.,,.L., eks ....tom other- ;to rhaptoOffenses Against steS, , , 16n, that :.,te.F Fes it-h Foo passage. H1. NO Pe „ S1,,ll rRefuse to obey any d. Fier 1.65, nrf^cec reasonable direction of a city government 1.,,,.,1,^^^>r...,,,,1 OF i eeepti^^• , employee. e. Chapter- , Offenses Against st j. No per-son shall vielate any pr-evisiens Publie Order; liiiremms and Other- Weapons; posted en any eity par-king faeility, whethef that Raeketeeriag; par4iag is gOFIeFally available to the publie or- not. D.•;..ateyehieles m not be loft e gbt in any f !`1,apteF 1677, Offenses A..ainst ;t., par-king 4: :l;ty .:tko ,t the expFess t Aablie Health, De and Animals; on , of tbo person in shar-ge-ef that Chapter- 475, Cent....lto,l i3eeted ; e 7.58.090 Enforcement and Exclusion from City Property I 0ahe-PA-rse involves a sentrelled A. Persons who violate any of the rules of conduct on any city property may be immediately 3. Has r „'to,l in injury to an),per-son e„ted F em the premises excluded from city or-damage te any , property for a period of 30 to 180 days. 4. Censtitutes a violation of any of t n. in addition to other- fne a pr - following pfevislens of the B. for- violation of this ,.hapte eFany of the laws A Cede= „loyees may o elude f e ;tom, pr-epef:ty, an) a. Chapcei 1.20, nfF 1,,. while that pr-epeF�, e .,to o „ , t ;ttl , aff laWregarding—se1ntre11ed- ubstan es, ter ndti.t that; b.— Chapter7.24, Off-nses Against Pr-epei4y; 1.is elassif ed—as a r 1 eny misdemeanor,-or- vivellatieir=under- the following g Chapter-7.28,Obst,• eting LamV GhapteFS Of thO n. Revised ct;4441te 7-58-3 Code Update: 3112 Exhibit A TIGARD MUNICIPAL CODE d—Chapter 7.32, 9€€e1;sLeis and—sa€ety, er a seF4011sdisturhansehis Against n„hl:e OFdeF; ig—etherPele fFE)f Ben.7eT'irtj�` e. ChapteF 7.36, Mina property, the POFSEM May l,o a. 1,,7o i F,.,, rl.�♦ e,•t„ fe a period of 24 heuFs only. if ., €. Chapter 7.38,Tizuane g. Tarlo 6,Nuis,nee Vialatie«s• eet:on and then eemmits additional el.,t:e«.. any fuFthe elusien the pefse n l ff h F Chapte ''�--r52, PabiePrepeFty this see ien may be—€e£-a peFied-of atm "ecru 30 Use; days i.Chapter- 7.56, lndeeent CE. No person shall may enter or remain in Cenduet any city property ate time during which theve ; n�a for which a notice of exclusion has J. Chapter ;.70, eeeendhana been issued during the time stated in the exclusion Dealers and Transient Me.•ehents• under- this ehapter- exeluding that per-son ffem a!' Ei prepeFties. A person who knowingly violates k. Chapter 7.80, Ca an order of exclusion from city property commits D«ebib ted ;n Gertain Dl.,ees the crime of criminal trespass in the second degree (ORS 164.245). BC. Nothing in the City of Tigard Municipal Code shall may be construed to authorize the DC. Except for an exclusion issued for exclusion of any person lawfully exercising free criminal conduct, Rhefore issuing an exclusion speech rights or any other rights protected by the under this chapter, a police officer o- a•� therized state or federal constitutions. However, a person empleyee shall must first give the person a engaged in such protected activity who commits warning and reasonable opportunity to desist from acts that are not protected, but „.h;eh .,:el„te the violation. An exclusion shall will not be issued appheable provisions E)r- law, may be subject to if the person promptly complies with the warning exclusion. and desists from the violation. then of this; s„hseet:on no waming shall D. A« elusie« ea wider- this eh.nte, be r-equiFed if the per-son is to be e�Eeluded L shell he for- 30 days. if the per—son to he exeluded within e e hefefe the date of the present 1. Punishable as a misdemeanor- elusion the a elusien shall he for- 90 days. bf the peFSOR to he eluded has pr-ev ,sl„ been eluded Fen, eat„ pr-enei4y an twe fner-ebn..el..:n. nt,elle l si„hSt.,nees• within one yeaF before the date on the present e elusion the e elusion shall he f, 190 3 Whieh r-estilted : injur-yto ., days-. E. if the pe nes hehayie.- sloes not rise to 4 Wh:eh a „lied in damage to any the level of b.ehayie.- dese.•ibed : «b seet:ens B 1 prnp through Bf' A ethis seat:on but „ either ""J' "` , n:f:eant and immediate threat to n„hlie health 5 City of Tigard ehapte«. elation. 7-58-4 Code Update: 3112 Exhibit A TIGARD MUNICIPAL CODE the mtmieipal--sept judge or h,,.,,.ings „ffi,.o.- E14. Written notice shall will be given to any specifies a later effective date. person excluded from any city property under this chapter. The notice dial., will specify the date, 2. If a person is issued a subsequent length., and place of the exclusion; shall identify exclusion while a previous exclusion is stayed pending appeal, eentain and a brief description of the offending a eetH4 stay the exelusion-, the stayed exclusion conduct. The issuing police shad will be counted in determining the officer must sign the appropriate length of the subsequent exclusion. If notice. The notice will also document any the predicate exclusion is set aside,the term of the warnings given to the person as well as subsequent exclusion dial., will be reduced, as if information on the process to appeal the the predicated exclusion had not been issued. If exclusion. multiple exclusions issued to a single person for tO Oeffiply Shall be PFOmiaenfly displayed e the city property are simultaneously stayed pending netiee. All mle,,,aat iafemwAien on the hearings appeal, the effective periods of those which are and appeal pr-eeess shall be ineluded with the affirmed&.,tall will run consecutively. netise.(Ord. 12-02 §3) B. Hearing Procedures. 7.58.100 Right to Appeal A. A person receiving notice of exclusion is made, a hearing shad., 'e ''e-f from city property may request a hearing before Tigard munieipal eeui4 judge, or- hearings effi the City of Tigard municipal court judge—, er--a appointed by the eity managen hearings effieer- appointed by the eity manager- to have the exclusion rescinded or the period 12. The A hearing shag will be set and shortened. Written notice of the appeal must be conducted within five 10 business days of receipt filed with the eity manage Tigard municipal court of the a timely request to appeal, excluding within 10 business days of receipt of the exclusion holidays, Saturdays and Stmdays. The hearing notice. When the municipal court may be scheduled for a later date if the person receives a notice of appeal, the excluded so requests,but in any case,no later than designee municipal court will promptly 15 €we additional business days from the original notify the Tigard Police records section of the request. notice to appeal. FailuFe to file • rine.. nets.e e appeal within 10 business days will be doomed a 22. At the hearing, the person excluded e-of f•-.heF aetiefl. may contest the validity of the exclusion and may present evidence. 1. If an appeal of the exclusion is timely filed, the effectiveness of the exclusion 34. At the hearing, onanmeal the shall will be stayed, pending the outcome of the city s'�a'�cmll have has the burden of proving by a appeal. If the exclusion is affirmed, the remaining preponderance of the evidence the validity of the period of exclusion shall will be effective exclusion. The city may present evidence either immediately upon the issuance of the ffmnisipal by testimony or written report of the officer. If the 60 judge , unless city's evidence is presented only by written report and the munieipal eei judge or- hearings e 7-58-5 Code Update:3112 Exhibit A TIGARD MUNICIPAL CODE cannot resolve a question by information B. In exercising discretion under this contained in the officer's report, the hearing may subsection, the judge will sib--manages--er be held open for a reasonable time to complete the aesignee shall consider the seriousness of the record. violation for which the person has been excluded, the particular need of the person to be on city 4-5. The judge will uphold the property during some or all of the period of exclusion if the judge finds, by a preponderance exclusion, such as for work or to attend or of the evidence, that the person excluded violated participate in a particular event (without regard to TMC 7.58.080. if the ..,unieipal ^, uf4 edge f" the content of any speech associated with that hearings „fes^or finds by ^ e nder- nee of the event), and any other criterion the jul dge 644 eavid-efle,e that ^'' elefflo„+ neoessainy to issue the manager- r designee determines to be relevant to e sic —netieae has been pFevea, and—i the the determination of whether or not to grant a ^lust n: ethe..wise : aeeer-danee with law, the waiver. Notwithstanding the granting of a waiver-, nitinieipal eetit4 judge or- hearings effieef shall the—exelusion will be ince d r of uphold the exelusion. ealetilating the appropriate length of exelusions. 56. If the munieipal e judge or- hearings rhe.,rings offieer- finds that the city has not met its C. The decision of the judge is final. The burden of proof, or that the exclusion is otherwise E'e^ision of the eity maaagff OF El '_,oe . ^ ^* unlawful, then the municipal court judge er r deny, in;1AAA-40 e in paFt a waiVff is GOH111144 a hearings e€fcer--shall will enter an order to the Bele diseretien of the eit� manager- e rescinding the exclusion. If the mianieipal ee Elesignoo ;a At ""h'eet to appeal judge OF h0afifigS AffiGA finds that the city has (Ord. 08-18) ■ met its burden of proof, but that the length of the exclusion is unreasonable under the circumstances, the munieipal e judge of may issue an order shortening the length of the exclusion. 6-7. The decision of the judge^�'�^�� -� ^f4; ff is final. 7.58.110 Variances A. At any time within the period of exclusion, a person receiving a notice of exclusion may apply in writing to the Tigard municipal court ^" r o &Sig eO for a waiver of some or all of the effects of the exclusion. The application must show good cause for waiver requested. If theeity manager- or- designee judge grants a waiver, the court will promptly notify the Tigard Police Department records section of such action. 7-58-6 Code Update: 3112 AGENDA ITEM No. 7 Date: December 3, 2019 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 7.58 CONDUCT ON CITY PROPERTY 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. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 7 Date: December 3, 2019 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 available to members of the public. The names, and addresses ifprovided, 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 and City you live in: Name and City you live in Name and City you live in: Optional: Contact information Optional:Contact information Optional: Contact information (Address,phone or email)if you (Address,phone or email)if you (Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional:Contact information Optional: Contact information Optional:Contact information (Address,phone or email)if you (Address,phone or email)if you (Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional:Contact information (Address,phone or email)if you (Address,phone or email)if you (Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: AIS-4053 8. Business Meeting One Meeting Date: 12/03/2019 Length (in minutes): 10 Minutes Agenda Title: Legislative Public Hearing: Consider Amendments to Tigard Municipal Code 7.52 Regarding Park Rules Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance - Main Public Hearing- Legislative Public Hearing: Yes Publication Date: Information ISSUE Shall Council amend Tigard Municipal Code 7.52 relating to park property rules? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the ordinance as presented. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code (TMC) Chapter 7.52 was first adopted in 1971 and many provisions have not been amended or updated since then. For example, the current code contains such historical references as to milk wagons,hitching of horses, and enforces the Motor Vehicle Code of 1970. The proposed amendments delete those references. Additionally, some of the unlawful conduct under the current code should not be prohibited, such as whistling or singing in a public restroom or wasting soap. Amendments to TMC 7.52 also include the deletion of conduct prohibited by TMC 7.58,which applies to all City property,including parks. For example,TMC 7.58.080.D prohibits damaging or destroying City property, so it is unnecessary for TMC 7.52 to expressly prohibit damaging a public drinking fountain or destroying park signs. Finally, the proposed amendments include a new section prohibiting camping in any environmentally sensitive area. Prior to the December 3, 2019 amendments,TMC 7.58 prohibited camping on all City property--a regulation held by the Ninth Circuit to be unconstitutional. However, in its decision Marlin v. City of Boise, the court left open the possibility that a narrow limitation on camping may be constitutional,including prohibiting camping in certain locations. Sensitive lands are defined by the Tigard Community Development Code and include wetlands and buffer zones. The City regulates development in these areas, as required by the Federal Emergency Management Agency (FEMA) National Flood Insurance Program as well as Statewide Planning Goal 5,Natural Resources. Staff have observed that camping in sensitive lands and floodplains negatively impacts soil,water quality, vegetation,and wildlife habitat. It is also dangerous to camp in these areas because streams rise quickly and without warning during rain events, creating potential risk to property and life. OTHER ALTERNATIVES Council could choose to not adopt the proposed amendments or make additional changes. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION None. Attachments Ordinance Exhibit A CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19- AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.52 REGARDING PARK PROPERTY USE WHEREAS, Tigard Municipal Code (TMC) Chapter 7.52 was first adopted in 1971 and numerous provisions have not been amended or updated since then;and WHEREAS, the proposed amendments clarify that this chapter applies in parks and public areas, but not to City rights-of-way;and WHEREAS, TMC 7.58 governs rules of conduct on City property, including parks, so the proposed amendments remove redundant regulations in TMC 7.52;and WHEREAS, though prohibitions against camping on all City property have been held to be unconstitutional, the Ninth Circuit's opinion in Marlin P. City of Boise did state that prohibiting camping in particular locations may be permissible;and WHEREAS, sensitive land regulations are intended to maintain the integrity of the rivers, streams,and creeks in Tigard by minimizing erosion,promoting bank stability, maintaining and enhancing water quality and fish and wildlife habitats; and WHEREAS, sensitive land regulations implement the comprehensive plan and the City's floodplain management program as required by the Federal Emergency Management Agency (FEMA) through the National Flood Insurance Program, to help to preserve sensitive land areas from encroaching use; and WHEREAS, sensitive land regulations protect the beneficial water uses and functions and values of resources within water quality and flood management areas to address the requirements of Statewide Planning Goal 5 (Natural Resources) and the safe harbor protections of the Goal 5 administrative rule pertaining to wetland and riparian corridors; and WHEREAS,camping in sensitive lands and floodplains negatively impacts soil,water quality,vegetation, and wildlife habitat; and WHEREAS, Tigard streams rise quickly and without warning during rain events, placing camps at risk of flood damage and individuals at risk of drowning; and WHEREAS,Tigard City Council finds that the amendments to TMC 7.52 are in the best interest of the public and protect the public health, safety,and welfare of the community. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code 7.52 is amended as shown on the attached Exhibit A (additional language is underlined and deleted text is shown in sttilsttgk). ORDINANCE No. 19- Page 1 SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. 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 )2019. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2019. Jason B.Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 19- Page 2 Exhibit A TIGARD MUNICIPAL CODE Chapter 7.52 PUBLIC PARK PROPERTY 16eeatien USE 7.52.225 P-ar-Iis Smoking Prohibited 7.52.230 Per-met Required Sections: 7.52.240 7-52.250 Permit Subjeet to 01A Hees 7.52.010 Policy of City Council and Reguintiens 7.52.020 Delegation of Authority 7.52.260 Publie Convenienee Stations 7.52.030 Use Regulations Regimens 7.52.270 Motor Vehicles Trn€fie Regulatiens 7.52.040 City Employees Not Affee 7.52.280 Publie Dr-inking Fountain injuFy 7.52.050 Closures Premed 7.52.060 Genduet Restr4etion 7.5 290 Signs, ights, Call Boxes, 7.52.070 Damage Payment fo Hydrants injuFy Pr-oh-bited Restoration 7.52.300 Penalty for Violation 7.52.080 Concessions and Sales=ate ales -A-,a C,,,.,.:,,,,s`r Hire 7.52.010 Policy of City Council Restrieted 7.52.090 Display or Posting Materials The city council, except as otherwise expressly Parks Advertising and provided, declares its intention to exercise general supervision, management and control of all public 7.52.100 Alcoholic Beverages in arks parks, public parkways, public squares, trails. publie 7.52.110 Refuse and Trash Prohibitions gr-eta}ds; ineluding, bet net r-estr-ieted to st-ems bettleva.a.., paths, side. agE.&; greenways, rest afeas, Prehibited playgrounds, and other recreation areas, hereinafter 7.52.120 Destruction of Property Da 4i collectively referred to as "publicap rks afess" whether publicly or privately owned, dedicated, 7.52.130 Par-'is Gambling Prohibited leased or otherwise set aside for public use and not 7.52.140 Der-'is Firearms or Fireworks under the supervision or control of any other public Prohibited agency, and the council declares its intention to 7.52.150 Animal,Bird,and Fish prescribe rules and regulations as herein set forth or Prohibitions Psidis Molesting from time to time as necessary with respect to such ' is and Fis public areas. Prohibited 7.52.170 Parks Fishing and Bathing , " " is defi Restrictions 7.52.180 Camping in Sensitive Areas maintained by the eity and open to the publie. Parks rks Notiee Mutilation Prohibited All publicap rks areas as herein designated for :7.52.190 Per-'is Animals Running-a4 general public use shall be kept and maintained for Large Pr-ehi ked the use and benefit of the public, subject to such 7.53.200—Pardis Use of Established reasonable and necessary rules and regulations as Entr-anee Required herein prescribed or as may be from time to time 7.52.210 Parks No dmittanee Arens adopted to protect and preserve the enjoyment, 7.52.220 Parks Swing and Hommoel 7-52-1 Code Update: 6117 Exhibit A TIGARD MUNICIPAL CODE convenience and safety of the general public in the ,.hieh has bee., dh.l,' a„the«iZed b..the depa«t,v,e„t f use thereof. (Ord. 16-03 §l; Ord. 71-12 §1) pu' e-pel-iee depa en . *34 7:75i2.nen Delegation of Author-it!, 7.52.050 Closures The eit er-ins,atithefiLed--to make soeh re-ASen- ble «.-Aon .d e „latie not ineensisterA No person may sha4l ride, drive or walk on such with this and ethe« e;t y e«di.,aneen and the ,moo e;en parts or portions of the parks or pavements as may of the eatineil as he-viii e ated, as may be be closed to public travel, or interfere with barriers e e for- the .ter«el and management of the erected against the public. (Ord. 71-12 §3) „blie areas he«ei.,aboye designated all n eh ...,ton and «e „lations shalt be net f Ah ; writing and, to 7.521060 rend„et nentr4etions the ..te«t dee....,ed . brhit e e by ey manager, shall be posted in eenspie„e„s plaeea in the a eas- Ne e e shalt sleep en the seats or- be.,ehen affeeted thereby, for- the guidanee-a€-the--general uselood, beister-otts, thfeatening,ubttsive, insuking ptiblie and individual tiser-s. or- ndeeentlanguage,or--behave in a dise,&4y mapiof de any et tending to a b«eaeh o f rhe ffier-f if a e „ feels a ed by a eh rule publie peaee. (Ord. 71-12 §3) e „latio he of she m appeal to thea eit b5. fling with the eit.. . e«de« a nst«anee against 7.52.070 Damage Payment for- 6tieh vr-Fczridrorwhich shall be :.o ve.a .v,.,.the Restoration and- until ,lea a Baled b y the eil n eh_nye n Owne«n e e .,t«el et' or pefsen a ........ �,. ;tet...»...» ..� ...... ...,»...,.. ..».... .».., , 1 tie., shalt fall F �d eff et h her-se or- othe v�rcgciracrorranc�zr-rarr--roTt;,.. ...... .....,.,.. �v�a-co-perrtl=rt-the-e13 any dog, (Ord. 03-08; Ord. 71-12 §2) aftimal into any publie e nde the nt«el e�the eit yf addition to any penalties ed by than in J 7.52.030 Regulations Prescribed by ehapter- f violeAien hereofshalt be hell liable l« Couneil Use Re(_Yulations ood shall pay to the eity, the foil value of repair- of festerirtie„ of any „blit pr-e,-weir„ de.f,aged of The purpose of this chapter is to provide for dente yed and if net paid ,pen demand by she e4y equal access to all public parks and to ensure that y of saffie may be satight b„_aet;en b«e„aht persons use public lands and public facilities for in the naffle of the eit y , any ,,,.t of e petent their intended purpose. Conduct on city property also governed by TMC 7.58. The eatineil finds that it is in the- ublia „te«ent and neeessai:yfor- the B. Any per-sen who shall-tt-tilize-the publie peaeehealth nsafetyof the e al ,bl; that the areahef��e�. a mewho shall �g , lth d v ne or ,len and r-eg„lations et fefth iii this eba„te« be dest«e.. n „blie propert.. under- the e ..t«el of the f ed and for- the p es he«ei., net fefth are- ;t.. in additie., to any penalties ifnposed by this- adopted. (Ord. 71-12 §3) hate. f vieleAien he«eef shall be held liable for-, and shall pay to the eit.. the full vat„e of repair- City Employees Not A f feeted fvstefatie” of any „blit pr-opet4y damaged dent«e..ed and if net paid ,pen demand by the e;t„ Nothing eentained--herein shal�reve nt the e e of same may ben ,.ht by aetion b«e.,,.ht 7-52-2 Code Update: 6117 Exhibit A TIGARD MUNICIPAL CODE in the name of the eity in any eem4 of eempetent 7.52.100 Alcoholic Beverages in (Ord. 71- 12 §3) A. For purposes of this section: 7.52.080 Concessions and Sales Par-hs Sales ....a C„_,..iees for-14ir-e 1. "Alcoholic beverage" means any nestr-i ted liquid containing any form of alcohol, including but not limited to malt and fermented beverages, A. it is unlawfiil fer- any pefsen to No person whether licensed for sale in the state or not. may sell or offer for sale any food, beverage, or any other retail item except in conjunction with an 2. "Person's own use" means for use by approved special event permit, facility rental, or as the person as well as use by any person attending the otherwise allowed by the public works director. same social event. As used in this definition, "person" means a person of legal age to possess or drink alcoholic beverages. the eity ffianagef or-designee— B. Except as provided in this section, it-is unlaw&i for- an) no person to may_take into or 13. Payment of the Tigaf;d eitTbusiness to* is possess any alcoholic beverage in a city park other . (Ord. 03-08; than for the person's own use. No intoxicated person Ord. 92-33 §1; Ord. 71-12 §3) shall may enter or remain in any city park. The sale of beer or wine in city parks shall be is allowed only 7.52.090 PeFlis Advertising and pursuant to a permit issued by the city manage Deeor-a five Deviees For- idde.. feeenimendatien of the peliee ehief-, and any such Display or Posting Materials sale must comply with all applicable state liquor laws and permitting requirements. No other No person may place a display or post written alcoholic beverages may be sold in city parks. The material within a park unless such display is limited use and sale of alcoholic beverages allowed authorized by a sign permit or associated with an by this subsection does not apply to the parks listed approved special event pursuant to TMC 7.48. R-- in subsection C of this section. stmettim, sign, bulletin board or- adve C. it slaw&! to No person may sell, of any kind whatever-, or-er-eet afty pest or-p he t-he purchase, or consume any alcoholic beverage in any attaehmeat of any , existing or future city park located within the city's urban renewal districts without a city permit. The wall, post of stmetufe, ar- plaee any , sale and consumption of alcoholic beverages in deee.-ati eor- ether deviee of on), kind whatever-, on existing or future parks in urban renewal districts any of the vases, statties, bridges er- men M-i-ents in may be allowed only pursuant to a permit issued by the city manager- of his or- her- designee en , and any such sale or use must comply with all applicable state helidays.(Ord. 03-08; Ord. 71-12 §3) liquor laws and permitting requirements. D. Failing to comply with any provision of this section shall be is a violation. The civil penalty 7-52-3 Code Update: 6117 Exhibit A TIGARD MUNICIPAL CODE for violation of this section 4:ia4 may not exceed $600 for the first violation, and sh"11 net ex""ea $1,000 for subsequent violations within 12 months 7.52.130 Par-'is Gambling Prohibited of a previous violation of this section. it is unlawf;ul for-any per-son te No person may E. All alcoholic beverages and alcoholic play any game of chance or to carry on betting of beverage containers brought into, possessed, or any kind within the park boundaries, except as otherwise present in a park in violation of this allowed by state law.(Ord. 71-12 §3) section are contraband and may be disposed of or retained as evidence by the city. (Ord. 17-06; Ord. 7.52.140 Perks Firearms or Fireworks 07-14; Ord. 06-08; Ord. 03-08; Ord. 84-48 §1; Ord. Prohibited 71-12 §3) it is tmlawflil f f any per-sen to No person may 7.52.110 use firearms, fir-eer-aeker-s, fireworks, ter-pedees—or Prohibited Refuse and Trash explosives of any kind in aa'} park, including air Prohibitions guns, bb guns, or bows and arrows. (Ord. 82-62 §2; Ord. 71-12 §3) No person may deposit, dump, place, or leave any garbage or refuse in a park exceptag rbage or 7.52.150 Parks Molesting Animals,Birds refuse resulting from use of the park and deposited Animal,Bird, in an appropriate refuse receptacle. it is unla••f•1 ` and Fish Prohibitions an pafk by misuse—a€ r-efase „taine"" or- h„ No person may hunt, harm, frighten, kill, trap, pleeingany=s`naw, &4,ehips,paper, shavings, or chase any bird, fish, or animal, except as ,hell" "hes :llor- garbage, or- other- izubb: h, of� authorized by the Public Works Director. designated trash r-eeeptaeles er- to distr-ibate any Stone-ei--riri9Fiile Of afly kifid tO the deStMeti8ff, 1 d the.- 'tten ted matter- dist....L.a eeor- ele"t.,tion ofany wild ciiccirars caiaTi'irecrrc'i-�irrccn�-pTxixrvcri ■:R cr "•, fmy park. (Ord. 82-62 §1; Ord. 71-12 §3) ,lemestie animal, few!or-fish within the park limit" 7.52.120 it : nlawf. 1 for-any per—sen tog e offer-,, e o , Destruction of Property attempt to give to " anifnal within the ..ar4s tebaeee or-other-knownae*ietism4ieleor- 54h: No person may or destroy any park the giving of wh:eh is pr-ehibited bypr-inted .,et:ve" tree, shrub, plant, structure, or appurtenance. R--is .(Ord. 71-12 §3) a1",. M f r " per-sen to reRieve, ae h.e"1. , 7.52.170 Parks s Fishing and Bathing went, stature,vases€;a"tai , wall, fertee, Restrictions plant; flower-or-other-pfepef4y in any par-kenless ethefwis it is tialawful for- aa5 No person to may fish, heensed or-privileged;e do so. (Ord. 99-31; Ord. 71- wade, swim or bathe in any of the parks except in 12 §3) the places designated for such purposes. The depai4meat of ptiblie works, with t 7-52-4 Code Update: 6117 Exhibit A TIGARD MUNICIPAL CODE allow fishing the watefs of any ,-L of the :t, 1„ o.'-z pesting-ad}aeeat to strek waters -a--si stating that sueh fishing-is auther-i 7.52.210 "tit-'is No Adm4ttanee Aa-ens juvenileseas Ne per-sen enter- any building, , the sign, and it is unlawful for- an), peFsen ever- the er--plaee-within any of the-parlEs upon whieh 'th;, age lifflit as posted to fish in afty soeh waters of a wef:ds "fie " shall be displeyed or posted eity park. (Ord. 03-08; Ord. 71- 12 §3) by sign,plaeafd e ethef:wise (Ord. 71-12 §3) 7.52.180 Camping in Sensitive Areas 7.52.220 Parks Notiee Mut la iion Leettlien Prohibited —Ne swings-or--hammeeks shall be hung-f . any of the parks, exeept en the pests No persons may camp in any environmentally . (Ord. 71-12 §3) sensitive area, as defined by the Tigard Community Development Code. For purposes of this chapter, to 7.52.225 Pas-lis Smoking Prohibited camp means to establish or maintain a temporary place to live. A. Smoking is prohibited in all parks. Iris it is unlawful for-any per-sen to e 41 F to smoke park.- injure, ur..lu u , "Smokin&T-(�e" means inhaling, exhaling, or the geveffhffient of the parks, whieh shall have been possessing any lighted or burning cigar, cigarette, pipe, weed, plant, or other substance grown, of the eity fnanagef:. (Ord. 03-08; Ord. 71-12 §3) manufactured, or processed which is intended to be used for smoking in any form. "Smoki gT—&�" 7.52.190 Nt Animals Ht also means inhaling, exhaling, or possessing an electronic cigarette or a similar device intended to emulate smoking. Inside parks, domesticated animals must be on a leash at all times except in designated off-leash B. Failing to comply with this section shall be areas, as authorized under the Americans with is a violation. The civil penalty for violation of this Disabilities Act, or specifically authorized by the section shall may not exceed $100 for the first city. violation, and shall Net exeeva $500 for subsequent keeper-of any el to permit . eh animal to r-eam violations within 12 months of a previous violation at largein any park, and, if seh anifnal is fund in of this section. Each violation of this section shall any par4E, it fflay be . (Ord. 71-12 §3) constitutes a separate offense. (Ord. 16-03 §1) 752.2000 Parks Use of Esttablished '32.22,0--r'ew-niit Require: -Entr-anee Require an established entraaee, and-rte-ene shall enter- a tleensisting e thaft 25 perse a-attendanee at any one tifne is unlaw ,1 f:egulatien. (Ord. 71-12 §3) unless .:tten e...,.,:t has been ea with th 7-52-5 Code Update: 6117 Exhibit A TIGARD MUNICIPAL CODE (Ord. , 03-08; Ord. 82-62 §3; Ord. 71-12 §3) use obseene, bkeee e tsetio , „ e .•et o r the ente«ee 7.52.240 Per-mit Exhibition Required thereof-. Affi), pefson elaiming to have a pefmit ffem the Q it is unlawfiil for-any per-son to eat, defaee, mar-, destfoy, break, e e of riteer- ser-ateh > , pokee ext. (Ord. 71-12 §3) , of wast soap, toilet paper-, or-any ef the faeflities pr-ovided i* 7250 Per-met—Subjeet to 0m.dimmee . (Ord. 71-12 §3) and Regulatiom 7.52.270 Motor Vehicles T-r-affie All pefmits issued by the eity shall be subjeet to Regulations Permits—af:e-zssoea shall be t-he—;mss The use of motorized vehicles on park property r-egulations and or-dinanees as fully as though the is restricted to roadways and parking lots designated e e e ei«ea in stieh pe..mits. Any Ne for the purpose, unless otherwise authorized by the per-sons to whom sueh pefmits shall be isstied shall city be liable fef any less, dam itistained by any per-son whatevef by reason of the negligenee of A. R*eept as may be other-wise speeifieall) isstied, as well as fer- any br-eaeh of sueh f:Hles-, the Motor- Vehiele Gode ef 1970 of the City e fegulations and ofdinanees, te the per-son or-pef:sons 4:igafd r-egulating street tf:offie shall be in f611 fer-ee so suffer-ing damages of if4t+�(Ord. 71-12 §3) and eff�et in all publie areas desefibed in this f�� Publie eiiee � B. The figilowing fegulatiefts are ma A. it per-son to blow, spread or- plaee any nasal or- other- bedily diseharge, to the , spit, floors, walls, ll , pai4itieas, i fitti e pef4ion of > > > > hefse> ehiele a animal in any part .file parik., e pt „1. station idir- l.. .,to th .t: l .- � e e«tng eete e. eueen the fegular- dfiN,es designated > > that baby eafr-iages and s ehyeh eles a afe ed in. bottle,per-son pleee any s f wagon,wood or- stene stibstanee in any of the plembing pr-ohibition. figoor-es in any stieh station, 2. No one shall dr-ive any hearse, vehiele milk wagon, elimb o any elevet eleset seat basin, ai4it:en heavy laden > > .. ., i i s f e or- to loiter- about or- push, i i or-to > goods, tools, material o interfere with any attendant in the disehar7ge of his or- > e tised in the park sen4ee, 7-52-6 Code Update: 6117 Exhibit A TIGARD MUNICIPAL CODE over any dfive of boulevar-d in any of the par-ks; T4 is tin1 fi 1 for- nfly per-son to . ,;11f.11., e„t 1 faee of in any mannef injefe of dafnage disefetion may grant—admission in wfififig any stfeet sign, any street, bridge of stibway 1;81,4 b.' t 4 tow t «tom df lig t fi tttfe of any olive fire ..11 lin YG2SSCIL�. CD GR777'--12raCGSSRS'] ever- � ) *, •• any bett1 .a t b ti l.l;ngs ab...t4ing on .a fks ..,l+e« no hydrant, fe ee geAe e o °lent.«° ef any paft thefee other-read, staeeessible o passable. plaee . (Ord. 71-12 §3) 3. N ene shall h teh hofses of other 7.52.300 Penalty for Violation aftimals to any tfee,shnab, €enee, railing of othe Violations of this chapter are punishable Any per-son stfuetefe,&Eeept—suolded-der--Sue l3violating an of this ehaptef, upe pttfpose, ofl-allow her3es or- ether- animals to stand nt;e„ shall be p is ea. by a fine of not more 1_•4-"-a while the dr-i-ver- attendant is b,eyea than$500. (Ord. 16-03 §1; Ord. 71-12 §4) ■ feaek of seek he«ne of other-n al ,4. T4 is 1 f:.l F« n person to n«L any Fnatey-vehiele on any park ef playgy-etnid area in the—eity, ex-- t .cOarly designatedpar-kin The 1',.e ,lepa ft fae.,t shall have an e e auther-ity to tow any vehiele found parked in a par4-E- impose and eolleet fees fer-towing and storage. S. it is unlawfulfor- anyperson te store paA, of leave standing unattended far- a eentinuottperiod of more than 24 hetifs, any metof -, beat, t thpersonal , 'i � e a eo Y«vYeA J within any publie area undef the ' . (Ord. 03-08;Ord. 71-12 §3) 52.2Q�—PublieTrinIfiHg F0uHttti it 1 f: 1 f e to Willftt!15, fflafl. rrru 'p' J , ser-atek> disfigefe, any publie drinking > efthrew, deposit in any eup ef basin of same any eigar-stub of eigafette i of any other mattef of fef6se whatever-, ef ebstfuet the fegulaf flew of ,ate« tb v:n any e ••h .,,a. (Ord. 71- 12 §3) .52.290 Sign Lights,Call Boxes-, 7-52-7 Code Update: 6117 AGENDA ITEM No. 8 Date: December 3, 2019 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 7.52 RELATED TO PARK PROPERTY RULES 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. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 8 Date: December 3, 2019 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. Proponent—(Speaking In Favor) Opponent— S eakinLY A ainst Neutral Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional:Contact information O tional:Contact information (Address,phone or email)if you (Address,phone or email)if you (Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional:Contact information Optional:Contact information (Address,phone or email)if you (Address,phone or email)if you (Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information (Address,phone or email)if you (Address,phone or email) if you (Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: AIS-4054 9. Business Meeting One Meeting Date: 12/03/2019 Length (in minutes): 30 Minutes Agenda Title: Legislative Public Hearing: Consideration of TMC Amendments regarding Residential Parking Prepared For: James McDonald, Police Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance - Main Public Hearing- Legislative Public Hearing: Yes Publication Date: Information ISSUE Shall City Council consider an amendment to the Tigard Municipal Code concerning residential parking permit zones. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adopting the recommended TMC 10.30 Residential Parking Zones and repealing 10.28.175 KEY FACTS AND INFORMATION SUMMARY Over the past year there have become a growing number of complaints received by city staff about parking issues city-wide. Many of these stemmed from the construction at Tigard High School,while others resulted from new development in neighborhoods. In response to these complaints, city staff met with community members and stakeholders, including the school district, to evaluate potential options The police department took the lead on addressing these parking concerns and assisted the community in attempting to establish a residential parking zone under the current code. This attempt was unsuccessful,in part, because of a complicated process within the code. Over the past several months staff has reviewed the current residential permit parking section of the Tigard Municipal Code (TMC). The review has included consultation of codes from other cities that have established programs, public input through a public meeting and in other correspondence, and a legal review of the proposed changes. The proposal before Council is a full rewrite of the TMC related to Residential Parking Permits. The recommendation is to create a code that more reasonably allows the community to petition and vote on a residential parking zone. These zones may be established in areas where there have been documented issues involving parking by non-residential sources in a residential neighborhood. Citizens who successfully petition and vote on residential parking zones will then have the opportunity to purchase residential parking permits as set forth in TMC 10.30 and fees will be set in the Master Fees and Charges Schedule. This Residential Parking Permit Program will require staffing to effectively manage the proposed changes and to enforce parking. With one full time equivalent (FTE) position located in the police department and designated primarily for parking enforcement, this position could administer the residential parking program, enforce the residential parking zones, and address other parking issues and enforcement operations city-wide. After a review of positions, the police department will start with assigning one Community Service Officer with the primary task of addressing the above listed parking tasks. The police department will regularly evaluate the success and effectiveness of this position and report back to City Council if there are any additional program needs. OTHER ALTERNATIVES City Council may elect to make no changes to the current Tigard Municipal Code. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This issue has not been before City Council. Fiscal Impact Fiscal Information: The cost of the program would be for the salary and benefits for one (1.0 FTE) Community Service Officer, a position which already exists within the police department. Potential offsetting revenues from permit sales and enforcement activities are unknown at this time. The estimated annual expense for this position is $77,489. These funds already exist in the police department's current budget. Attachments Council Memo Code Amendments Ordinance 41 City of Tigard , oil Memorandum To: Honorable Mayor and City Council From: Commander McDonald Re: Residential Parking Permit Zones Date: November 18, 2019 Over the past year there have become a growing number of complaints received by city staff about parking issues city-wide. Many of these stemmed from the construction at Tigard High School,while others resulted from new development in neighborhoods. In response to these complaints, city staff met with community members and stakeholders, including the school district, to evaluate potential options The police department took the lead on addressing these parking concerns and assisted the community in attempting to establish a residential parking zone under the current code. This attempt was unsuccessful, in part, because of a complicated process within the code. Over the past several months staff has reviewed the current residential permit parking section of the Tigard Municipal Code (TMC). The review has included consultation of codes from other cities that have established programs, public input through a public meeting and in other correspondence, and a legal review of the proposed changes. The proposal before Council is a full rewrite of the TMC related to Residential Parking Permits. The recommendation is to create a code that more reasonably allows the community to petition and vote on a residential parking zone. These zones may be established in areas where there have been documented issues involving parking by non-residential sources in a residential neighborhood. Citizens who successfully petition and vote on residential parking zones will then have the opportunity to purchase residential parking permits as set forth in TMC 10.30 and fees will be set in the Master Fees and Charges Schedule. This Residential Parking Permit Program will require staffing to effectively manage the proposed changes and to enforce parking. With one full time equivalent (FTE) position located in the police department and designated primarily for parking enforcement, this position could administer the residential parking program, enforce the residential parking zones, and address other parking issues and enforcement operations city-wide. After a review of positions, the police department will start with assigning one Community Service Officer with the primary task of addressing the above listed parking tasks. The police department will regularly evaluate the success and effectiveness of this position and report back to City Council if there are any additional program needs. Staff recommends adopting the recommended TMC 10.30 Residential Parking Zones and repealing 10.28.175. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19- AN ORDINANCE ADOPTING TIGARD MUNICIPAL CODE CHAPTER 10.30 RELATED TO RESIDENTIAL PARKING ZONES WHEREAS, Tigard's existing residential parking zone program in Tigard Municipal Code 10.28.175 has been difficult to implement and has not adequately addressed parking concerns of residents;and WHEREAS,representatives from the City met with residents at a public meeting on August 28,2019 to discuss proposals for a new residential parking zone program; and WHEREAS, based on the feedback provided at the public meetings, it is in the public interest for the City to create a new residential parking zone program to address safety concerns and livability issues in certain areas. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code 10.30 is adopted as shown on the attached Exhibit A. SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 3: This ordinance shall be effective February 1,2020. PASSED: By vote of all council members present after being read by number and title only,this day of )2019. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2019. Approved as to form: Jason B. Snider,Mayor City Attorney Date ORDINANCE No. 19- Page 1 Exhibit A TIGARD MUNICIPAL CODE Chapter 10.30 RESIDENTIAL PARKING 10.30.030 Establishing Residential ZONES Parking Zone Sections: A. Residents may apply to have an area designated as a residential parking zone through a 10.30.010 Purpose community-initiated petition submitted to the city 10.30.020 Definitions manager. The petition must be signed by a 10.30.030 Establishing Residential resident from least sixty percent (60%) of the Parking Zone addresses proposed for inclusion in the residential 10.30.040 Zone Renewal or Revocation parking zone, limited to one resident signature per 10.30.050 Permits address. The petition must include: 10.30.060 Signage 10.30.070 Violations and Enforcement 1. A detailed description of the 10.30.080 Appeals parking problem or livability concerns justifying creation of a residential parking zone. Such 10.30.010 Purpose concerns may include, but are not limited to, blocked fire hydrants or crosswalks, inability to The purpose of this chapter is to address safely enter road way from driveways,or inability safety and livability concerns in residential of waste haulers or mail carriers to access neighborhoods caused by non-residential sources. property. 10.30.020 Definitions 2. The cause of the parking problems or livability concerns. A. "City manager" means the city manager for Tigard, Oregon, or the city manager's 3. A map showing the proposed designee. boundaries of the residential parking zone. B. "Resident" means an individual who 4. The type of parking restrictions resides within a Residential Parking Zone. A requested, including prohibiting unpermitted resident must be the legal owner of the property or parking during specified hours or limiting have a legal right to occupy the property. unpermitted parking to a specific duration of time. C. "Residential Parking Zone" means the 5. ,The proposed maximum number of identified geographic area, approved by the city resident and guest parking permits per resident. manager, designated for parking by residents and their guests, only, during all or some identified B. Upon receipt of a complete petition, the and posted hours of the day. city manager will determine whether the affected area is eligible for a residential parking zone. D. "Residential parking zone plan" means Incomplete petitions will be returned. the guidelines for a residential parking zone, as described in TMC 10.30.030.C. C. If the city manager determines an area is eligible, the city manager may propose a residential parking zone plan. The city manager's proposed plan must include: 10-30-1 Exhibit A TIGARD MUNICIPAL CODE may not be modified except by the process in 1. The boundaries of the proposed TMC 10.30.030.A through F. residential parking zone. 10.30.040 Zone Renewal or Revocation 2. The type of parking restrictions A residential parking zone will automatically proposed, including prohibiting unpermitted renew annually, unless: parking during specified hours or limiting unpermitted parking to a specific duration of time. A. The city manager receives a petition signed by a resident from least sixty percent 3. The maximum number of resident (60%) of the addresses in the residential parking and guest parking permits available for purchase zone, limited to one resident signature per by each resident. address, requesting termination of the residential parking zone; or D. The city manager will mail the proposed plan to all residents within 500 feet of the B. The city manager fmds it is in the best proposed residential parking zone, along with interest of the city to terminate the residential notice of a public meeting to discuss the proposal. parking zone. Prior to termination, the city The city manager may refine the proposed plan manager will send notice of a public meeting to following the public meeting. all residents in the residential parking zone. Within 30 days following the public meeting, the E. Within 30 days following the public city manager will determine whether to terminate meeting, the city manager will prepare a ballot to the residential parking zone and provide notice to be mailed to all addresses within the proposed all residents of the decision. If the city manager residential parking zone. One resident per address terminates the residential parking zone, a is eligible to vote on the proposal. Ballots must minimum of one year must elapse before a new be returned to the city manager on or before the proposal may be initiated for the same or similar date specified. area. F. For the city manager to approve creation 10.30.050 Permits of a residential parking zone, a minimum seventy percent (70%) of the ballots must be returned, out A. Once a residential parking zone is of which a minimum of seventy-five percent approved, a resident may apply to the city for an (75%)must be votes in support of the proposal. If on-street parking permit or guest pass, as provided such requirements are met, the city manager will in the residential parking zone plan. An applicant notify all residents within the residential parking must show proof of residency within the zone of the approval and effective date. If such residential parking zone and proof of vehicle requirements are not met, a minimum of one year ownership of vehicle(s) registered to that address. must elapse before a new proposal may be A permitted guest has the same rights and initiated for the same or similar area. permissions as a resident. G. Residential parking zones in effect as of B. The cost of each resident and guest February 1, 2020 will be allowed to remain as parking permit will be determined by resolution of adopted. An adopted residential parking zone City Council. 10-30-2 Exhibit A TIGARD MUNICIPAL CODE C. A resident must reapply each year for all vehicle other than the resident's vehicle for which parking permits, on or before January 1 st. All the permit was issued. permits are good for the remainder of the calendar 5. Sell, transfer, purchase, or year, regardless of when the permit was otherwise acquire for value any permit issued by purchased. Costs for permits may be prorated on the City of Tigard. a semi-annual basis. 6. Use, or allow the use of, a permit in D. Parking permits must be clearly a manner inconsistent with the terms and displayed in the front window of the vehicle at all limitations of the permit or this chapter. times when residential parking zone restrictions are in effect. B. Violation of this chapter may result in the immediate revocation of a resident or guest E. A permit is not required for city-owned parking permit and, upon conviction, be or publicly-owned vehicles operating in an official punishable by a fine set by resolution of the City capacity or when authorized by state law or city Council. ordinance. C. The city may tow a vehicle for repeated 10.30.060 Signage violations of this chapter or if a health or safety risk exists. Parking restrictions in a residential parking zone will be identified by signage. 10.30.080 Appeals 10.30.070 Violations and Enforcement The decisions of the city manager with respect to any of the foregoing are final and not A. It is a violation of this chapter for any subject to appeal. ■ person to: 1. Park on-street in a residential parking zone for more than two hours without displaying a resident or guess parking permit. 2. Provide false information in connection with an application for a resident or guest permit. 2. Fail to surrender a permit, when requested to do so, when the person is no longer entitled to the permit. 3. Use a permit when the permit holder is no longer entitled to the permit. 4. Use, or allow the use of, a residential parking permit in connection with a 10-30-3 r r AGENDA ITEM No. 9 Date: December 3, 2019 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 REGARDING RESIDENTIAL PARKING 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. Due to Time Constraints City Council May Impose A Time Limit on Testimony r AGENDA ITEM No. 9 Date: December 3, 2019 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 available to members of the public. The names, and addresses if provided, oipersons 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— S eakin Against) Neutral Name and City you live in: Name and City you live in Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information (Address,phone or email)if you (Address,phone or email)if you (Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional:Contact information Optional: Contact information Optional: Contact information (Address,phone or email)if you (Address,phone or email)if you (Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: LMMMEEMMMMMMEN J Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional:Contact information Optional:Contact information (Address,phone or email)if you (Address,phone or email)if you (Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: AIS-4061 10. Business Meeting One Meeting Date: 12/03/2019 Length (in minutes): 5 Minutes Agenda Title: Legislative Public Hearing: Consider Amendment to Tigard Municipal Code to Repeal 10.28.175 Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance - Main Public Hearing- Legislative Public Hearing: Yes Publication Date: Information ISSUE Shall Council repeal Tigard Municipal Code 10.28.175? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends repealing TMC 10.28.175. KEY FACTS AND INFORMATION SUMMARY In the previous item on this evening's agenda, Council considered an ordinance adopting Tigard Municipal Code (TMC) 10.30, regarding residential parking zones. TMC 10.30 is intended to replace the existing language in TMC 10.28.175 in its entirety. The existing code language has proved unworkable from both the perspective of the community and the City. Residential parking zones approved pursuant to TMC 10.28.175 prior to the effective date of TMC 10.30 will remain in place,but may not be amended or modified except by creating a new residential parking zone pursuant to TMC 10.30. OTHER ALTERNATIVES Council could choose to keep the existing residential parking zone program in 10.28.175 or make other modifications. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Council considered TMC 10.30 on December 3, 2019. Attachments Ordinance CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19- AN ORDINANCE REPEALING TIGARD MUNICIPAL CODE 10.28.175 WHEREAS,Tigard City Council approved a new residential parking zone program in Tigard Municipal Code (IMC) Chapter 10.30 on December 3,2019 pursuant to Ordinance 19- :and WHEREAS, TMC 10.30 replaces the existing residential parking zone process and requirements in TMC 10.28.175;and WHEREAS,residential parking zones approved pursuant to TMC 10.28.175 prior to the effective date of TMC 10.30 will remain in place, but may not be amended or modified except by creating a new residential parking zone pursuant to TMC 10.30;and WHEREAS,City Council now wishes to repeal TMC 10.28.175. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code 10.28.175 is deleted in its entirety. SECTION 2: This ordinance shall be effective February 1,2020. PASSED: By vote of all council members present after being read by number and title only, this day of ,2019. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2019. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 19- Page 1 AGENDA ITEM No. 10 Date: December 3, 2019 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: LEGISLATIVE PUBLIC HEARING CONSIDER AMENDMENT TO REPEAL TIGARD MUNICIPAL CODE 10.28.175 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. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 10 Date: December 3, 2019 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 available to members of the public. The names, and addresses ifprovided, 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 and City you live in: Name and City you live in: Name and City you live in: O tional: Contact information Optional: Contact information Optional: Contact information (Address,phone or email)if you (Address,phone or email)if you (Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional:Contact information Optional:Contact information Optional: Contact information (Address,phone or email)if you (Address,phone or email)if you (address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: Name and City you live in: Name and City you live in: Name and City you live in: Optional: Contact information Optional: Contact information Optional: Contact information (Address,phone or email)if you (Address,phone or email)if you (Address,phone or email)if you wish staff to follow-up or contact wish staff to follow-up or contact wish staff to follow-up or contact you: you: you: AIS-4049 11. Business Meeting One Meeting Date: 12/03/2019 Length (in minutes): 15 Minutes Agenda Title: Consider a Resolution to Adopt the Americans with Disaiblities Self Evaluation and Transition Plan Prepared For: Nadine Robinson, Central Services Submitted By: Nadine Robinson, Central Services Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Shall the City of Tigard approve a resolution adopting the city's Americans with Disabilities (ADA) Self-Evaluation and Transition Plan? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approving the resolution to adopt the Americans with Disabilities (ADA) Self-Evaluation and Transition Plan. KEY FACTS AND INFORMATION SUMMARY City staff have worked with MIG, Inc to update the city's Americans with Disabilities (ADA) Self-Evaluation and Transition Plan. This plan, required by the Americans with Disabilities Act (ADA),is the first comprehensive evaluation undertaken since the original 1993 plan. The plan demonstrates the City of Tigard's commitment to providing equal access to its public programs, services, facilities, and activities for citizens with disabilities. The project steps include: •Evaluating services, policies, and practices and identifying the modifications needed to remedy barriers; •Identifying physical obstacles that limit the accessibility of facilities; •Describing the methods to be used to make the facilities accessible; •Providing a matrix or schedule for making modifications to improve access; •Identifying the public officials responsible for implementation of the plan; and •Involving people with disabilities in the preparation of the plan. The transition plan is the result of a detailed audit of the City of Tigard's facilities, parks, trails, and city right-of-way. It outlines the steps the city needs to take to meet the obligations of Title II of the ADA. It also provides a framework for the systematic removal of barriers based on established program priorities. The plan has been reviewed by the ADA Focus Group and their suggestions were incorporated into the plan. Additionally, the plan was posted online and a survey was provided to help prioritize barrier removal. Staff intends to review all barriers during the first three years of the plan's implementation and address those barriers that can be resolved through programmatic modifications and maintenance tasks. Additionally, an ADA barrier removal tracking tool will be developed to track progress on the removal of barriers and to report out to the community on the city's progress. The Americans with Disabilities (ADA) Self-Evaluation and Transition Plan will be posted on the city's website. City staff will prepare an annual report summarizing the actions taken in the previous year and substantive updates made to the plan. The report will be presented to City Council and posted on the city website. OTHER ALTERNATIVES City Council could choose not to adopt the plan but direct staff to continue moving forward with the implementation. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS •This project supports City Council Goal 5: Enhance walkability and pedestrian connectivity. •Strategy 5.1: Develop an implementation strategy related to the ADA Transition Plan to identify the priorities for curb ramps and public sidewalks that must be repaired or replaced to meet current ADA guidelines. *The plan also supports the city's vision to be a community where people of all ages and abilities enjoy healthy and interconnected lives. DATES OF PREVIOUS COUNCIL CONSIDERATION •September 18, 2018 Workshop •August 20, 2019 Workshop Attachments ADA Sef-Eval and Transition Plan ADA SETP Appendices Resolution ADA Self-Eva]and Transition Plan CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19- A RESOLUTION ADOPTING THE CITY OF TIGARD AMERICANS WITH DISABILITIES (ADA) SELF-EVALUATION AND TRANSITION PLAN WHEREAS,Title II of the Americans with Disabilities Act protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by local government entities;and, WHEREAS,the Act requires local government entities to conduct a self-evaluation and create a transition plan for barrier removal;and WHEREAS, the City of Tigard Americans with Disabilities (ADA) Self-Evaluation and Transition Plan will provide the framework for completing barrier removal,and WHEREAS,public and stakeholder input was gathered and used to inform the development of the plan;and WHEREAS,council has reviewed the draft plan and provided no additional feedback. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Council adopts the City of Tigard Americans with Disabilities (ADA Self-Evaluation and Transition Plan (Exhibit A.). SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2019. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 19- Page 1 1' Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Final Plan November 2019 This page intentionally left blank. Executive Summary In an effort to make the City of Tigard's services, programs, building facilities, parks, trails, and public right-of-way accessible to all, the City has updated its American with Disabilities Act (ADA) Self-Evaluation and Transition Plan. The Plan demonstrates the City of Tigard's commitment to providing equal access to all its public programs, services, facilities, and activities for citizens with disabilities. It is focused on the City's entire inventory of programs and facilities provided to the public. The project steps included: • Evaluating services, policies, and practices; • Identifying modifications needed to services, policies, and practices; • Identifying physical obstacles that limit the accessibility of facilities for individuals with disabilities; • Describing the methods to be used to make the facilities accessible; • Providing a schedule for making modifications to improve access; • Identifying the public officials responsible for implementation of the Transition Plan; and • Involving people with disabilities in the preparation of the Plan. This plan is consistent with the City of Tigard's Strategic Plan vision to become "The most walkable community in the Pacific Northwest, where people of all ages and abilities enjoy healthy and interconnected lives." Project Scope and Plan Development Process The process developed for the preparation of the ADA self-evaluation included an internal programmatic accessibility questionnaire of City staff to determine current levels of service and the extent to which policies and programs could be creating barriers to accessibility for persons with disabilities. Staff provided information on the nature of programs, forms, and methods used to advertise each program's services and activities. A public involvement process assisted in the development of this updated Self-Evaluation and Transition Plan. At the beginning of the project an ADA Focus Group was formed. The Focus Group was introduced to the project and provided input into the barriers they had experienced in City programs and/or facilities, and were given the opportunity to ask questions about the scope of the project. At the next meeting the Focus Group gave input into the criteria for removal of barriers. Additionally, City staff from all departments provided input into the barriers they were working to resolve, those barriers needing attention and ways the city could continue to make progress in removing access barriers. i The Transition Plan is the result of a detailed audit of the City of Tigard's facilities, parks, trails, and city right-of-way. The Transition Plan outlines the necessary steps to meet the obligations of title II of the ADA and will provide a framework for the systematic removal of barriers based on established program priorities. Summary of Findings The results of the self-evaluation showed several areas the City can begin making services, programs and activities more accessible for people with disabilities. Along with providing training for staff on the requirements of the ADA, the City is committed to providing reasonable accommodations to programs and services. The City will continue its ongoing efforts to remove barriers in its facilities, parks, trails and right-of-way. Implementation Plan The City of Tigard has many programmatic and project elements underway that support this plan and the goal of providing accessible programs and connections. A summary of work underway or completed in Fiscal Year 2018/19 follows. Rights of Way(ROW), Parks and Trails • Street system overlays implemented as part of the annual pavement management program include upgrading and replacement of curb ramps that do not meet current Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG). In summer 2018, 40 curb ramps were replaced or upgraded. In summer 2019 it is planned that 16 curb ramps will be replaced. • Public facilities infrastructure permits for development projects that include construction or improvements to City ROW require that applicable facilities meet current ADA/PROWAG requirements. • City capital improvement projects for streets, sidewalks and parks facilities are designed and constructed to applicable ADA standards. In Fiscal Year 2018/19, projects in planning, design or construction with ADA elements included: Hunziker Core/Wall Street, Tech Center Drive, SW 121st Avenue Sidewalks/Bike Lanes, Commercial Street Sidewalk, Durham/Boones Ferry Adaptive Signalization, Tigard Street Heritage Trail and Plaza, Fanno Creek Trail (multiple segments), SW 124th/Ann Culvert Replacement and sidewalk, Main Street Green Street Phase 2, Tiedeman Crossing/Fanno Creek Trail, and Roy Rogers Road. ii City Buildings In 2016 the City completed a condition assessment of its properties that included a high-level evaluation of ADA barriers, which was followed in 2018 by a comprehensive facilities assessment of its properties to determine the presence of ADA barriers. Barrier removal activities since the 2016 evaluations include: • Replacement of the motors in the ADA entry Library doors and adjustment of the closure timing; • Pressure measurement and adjustment of all interior and exterior doors in City facilities; • Grab bars added in women's restrooms; • Addition of ADA accessible public counters in City Hall; and • Installation of ADA compliant counter in Red Rock Creek Conference Room. City Programs • Captioning added to City Council meeting video via U-Tube; • New assistive listening devices purchased; and • Training was provided to Library staff on service animals in City buildings. Next Steps It is the City's intent to review all barriers during the first three years of Plan implementation and address those barriers that can be resolved through programmatic modifications and maintenance tasks. Additionally, an ADA barrier removal tracking tool will be developed to track progress on the removal of barriers and to report out to the community on the City's progress. Reporting and Plan Adjustments The final ADA Self-Evaluation and Transition Plan will be posted on the City website. City of Tigard staff will prepare an annual report summarizing the actions taken in the previous year and adjustments made to the plan. The report will be presented to City Council and posted on the City website. Substantive updates to the plan document will be posted annually on the City website. iii This page intentionally left blank. iv Acknowledgements Many individuals were involved with the development of the City of Tigard's ADA Self- Evaluation and Transition Plan. City Leadership Jason Snider, Mayor Tom Anderson, Councilor John Goodhouse, Councilor Heidi Lueb, Councilor Liz Newton, Councilor Marty Wine, City Manager Former Mayor John Cook Former Councilor Marc Woodard Project Leadership Lori Faha, P.E., City Engineer Nadine Robinson, Central Services Director City Staff Representatives from all departments participated by responding to the ADA programmatic accessibility questionnaire and participating in internal meetings. ADA Focus Group Bob Cerbone Lisa Detweiler Natasha Lynch Vicki March Tristan Roberts Michael Stevens Consultant Team © 0 MIG, Inc. 815 SW 2nd Avenue, Suite 200 Portland, OR 97204 v This page intentionally left blank. vi Plan Organization Section 1– Introduction provides an overview of the planning process and the legislative mandate governing the process. Section 2–Self-Evaluation details the evaluation of City policies, services, programs, and activities and is based on responses to a program accessibility questionnaire, which was completed by staff, and a review of City documents and policies. Section 3–Transition Plan describes the evaluation of architectural barriers and is the result of a detailed evaluation of City facilities—such as buildings, parking lots, parks, trails, and public right-of-way—where programs, activities, and services are available to the public. Section 4–ADA Coordinator, Notice Policy, and Grievance Procedure includes the City's notice under the ADA and its ADA Grievance Procedure. Section 5– Definitions and Acronyms defines the commonly used terms and acronyms in this Plan and the ADA. Section 6– Resources contains a directory of disability organizations, guidelines, and resources for addressing the recommendations included in this Plan. vii This page intentionolly left blank. viii Contents 1 Introduction................................................................................................................... 1 1.1 Legislative Mandate.....................................................................................................................1 1.2 Accessible Programs and Facilities..............................................................................................2 1.3 Discrimination and Accessibility..................................................................................................3 1.4 ADA Self-Evaluation Process........................................................................................................4 1.5 ADA Transition Plan Process........................................................................................................4 1.6 Public Outreach for the Plan .......................................................................................................5 2 Self-Evaluation............................................................................................................... 7 2.1 Programmatic Modifications.......................................................................................................7 2.2 Program Accessibility: Required Actions and Implementation Strategies..................................7 2.3 Services, Policies, and Practices Summary of Recommendations.............................................23 3 Transition Plan............................................................................................................. 25 3.1 Schedule for Facility Improvements..........................................................................................25 3.2 Accessibility Standards..............................................................................................................25 3.3 Facility Evaluations....................................................................................................................26 3.4 Public Right-of-Way...................................................................................................................35 3.5 Barrier Removal Considerations for Plan Implementation .......................................................67 4 ADA Coordinator, Notice Policy, and Grievance Procedure............................................ 73 4.1 ADA Coordinator Roles and Responsibilities.............................................................................73 4.2 Notice Under the Americans with Disabilities Act ....................................................................73 4.3 ADA Grievance Procedure.........................................................................................................74 5 Definitions and Acronyms............................................................................................. 77 6 Resources..................................................................................................................... 85 Appendices Appendix A: Public Outreach Appendix B: ADA Facility Barrier Summary Report ix This page intentionally left blank. x City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 1 Introduction The Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan will support the City of Tigard in fulfilling the requirements set forth in title II of the ADA. The ADA states that a public entity must reasonably modify its policies, practices, and procedures to avoid discrimination against people with disabilities. This Plan will assist the City in identifying policy, program, and physical barriers to accessibility, and will guide the City in developing barrier removal solutions. 1.1 Legislative Mandate The ADA is a comprehensive civil rights law for people with disabilities passed by Congress on July 26, 1990. It provides protection against discrimination in both employment and the provision of goods and services. The purpose of the ADA is to provide a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." Congress emphasized that the ADA seeks to dispel stereotypes and assumptions about disabilities and to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. Title II of the ADA covers programs, activities, and services of public entities. Under the requirements of the ADA, No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.I Under the requirements of the ADA, the City of Tigard may not specifically, either directly or through contractual arrangements • deny persons with disabilities the opportunity to participate as members of advisory boards and commissions; • deny persons with disabilities the opportunity to participate in services, programs, or activities that are offered to others or compel people to participate in separate or different activities based on disability; • make selections in determining the location of facilities that have the effect of excluding or discriminating against persons with disabilities; or • deny access to people with disabilities who require the assistance of a service animal in any area of the City's facilities where the public is normally allowed. 1 DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 1 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Further, title II of the ADA provides that public entities must identify and evaluate all programs, activities, and services and review all policies, practices, and procedures that govern administration of the entity's programs, activities, and services.2 This Plan and certain documents incorporated by reference establishes the City of Tigard's ADA Self-Evaluation and Transition Plan. 1.2 Accessible Programs and Facilities The City, as a public entity, is subject to the ADA's title II Requirements for State and Local Government Programs and Services and is responsible for the provision of accessible programs and facilities that are available without discrimination toward people with disabilities. A fundamental tenet of title II of the ADA is "the principle that individuals with disabilities must be provided an equally effective opportunity to participate in or benefit from a public entity's aids, benefits, and services."'A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This principle is referred to as program accessibility. Though it applies to all existing facilities of a public entity, a public entity is not necessarily required to make each of its existing facilities accessible. As a public entity, the City is required to ensure program accessibility for the programs it provides to the public. 1.2.1 Maintaining Accessible Facilities In addition to providing programmatic access, the City is obligated to maintain all accessible facilities in working order. Exceptions are provided for temporary disruptions. The ADA contains the following language regarding the maintenance of accessible features. Public entities must maintain in working order equipment and features of facilities that are required to provide ready access to individuals with disabilities. Isolated or temporary interruptions in access due to maintenance and repair of accessible features are not prohibited. Where a public entity must provide an accessible route, the route must remain accessible and not blocked by obstacles such as furniture,filing cabinets, or potted plants. An isolated instance of placement of an object on an accessible route, however, would not be a violation, if the object is promptly removed. Similarly, accessible doors must be unlocked when the public entity is open for business. Mechanical failures in equipment such as elevators or automatic doors will occur from time to time. The obligation to ensure that facilities are readily accessible to and usable 2 DOJ,Title II Regulations Subpart A§ 35.105 Self-evaluation 3 ADA Title II Technical Assistance Manual II-3.3000 2 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 by individuals with disabilities would be violated, if repairs are not made promptly or if improper or inadequate maintenance causes repeated and persistent failures.' 1.3 Discrimination and Accessibility Absence of discrimination requires that both physical and program accessibility are provided. Physical accessibility requires that a facility be barrier-free. Barriers include any obstacles that prevent or restrict the entrance to or use of a facility. Program accessibility requires that individuals with disabilities are provided an equally effective opportunity to participate in or benefit from a public entity's programs and services. It includes physical accessibility, but also entails all the policies, practices, and procedures that permit people with disabilities to participate in programs and to access important information. Programs offered by the City to the public must be accessible. Accessibility includes advertisement, orientation, eligibility, participation, testing or evaluation, physical access, provision of auxiliary aids and services, transportation, policies, and communication. Program accessibility may be achieved by either structural or non-structural methods. The City of Tigard may achieve program accessibility by several methods: • structural methods such as altering an existing facility; • acquisition or redesign of equipment; • assignment of aids to beneficiaries; and/or • provision of services at alternate sites. When choosing a method of providing program access, the City is required to prioritize the method that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities. n ADA Title II Technical Assistance Manual II-3.10000 3 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 1.4 ADA Self-Evaluation Process Programs, activities, and services offered by the City to the public must be accessible to people with and without disabilities. Accessibility applies to all aspects of programs or services provided by the City. The ADA Self-Evaluation for programmatic access identifies and makes recommendations to correct policies and practices that are inconsistent with title II regulations and result in limitations to access for people with disabilities. As part of the Self-Evaluation process,the City: • identifies City programs, activities, and services; • reviews the policies, practices, and procedures that govern the administration of the City's programs, activities, and services; • provides opportunity for public comment; • makes the report available to the public; and • corrects programs, activities, and services that are not consistent with the regulations. In 2018, the City evaluated its policies, programs, and procedures to determine current levels of service and the extent to which its policies and programs created barriers to accessibility for people with disabilities. Recommended actions for City programs, activities, and services can be found in Section 2 of this Plan. 1.5 ADA Transition Plan Process The ADA Transition Plan is a document that outlines a strategy for the City to progress toward compliance with the ADA Standards. The Transition Plan identifies barriers for people with disabilities and a schedule to remove those barriers over time. The City's Transition Plan must include: • a list of barriers in City facilities that limit the accessibility of programs, activities, or services to individuals with disabilities, • a detailed outline of feasible methods to remove these barriers and make the facilities accessible, • a schedule for taking the necessary steps to remove barriers to accessibility, • the opportunity for the public to provide comment on the Plan, and • the name of the individual responsible for the Plan's implementation. The City completed a physical audit of City-owned building, parking, park, trail, and public right- of-way facilities in 2018 to locate barriers to access and to identify recommendations and alterations to meet state and federal accessibility standards. The City's Transition Plan can be found in Section 3 of this Plan. 4 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 1.6 Public Outreach for the Plan A public entity is required to accept comments from the public on its ADA Self-Evaluation and Transition Plan and is encouraged to consult with individuals with disabilities and organizations that represent them to assist in the self-evaluation process. Many individuals with disabilities have unique perspectives on a public entity's programs, activities, and services. For this planning process, the City formed a focus group representing various disability interest areas. Focus group meetings were held on April 18, 2018, November 29, 2018, and July 10, 2019 to introduce the project, receive questions and comments related to the Plan, and to provide feedback on the development of the draft ADA Self-Evaluation and Transition Plan. The meeting summaries from these meetings are included as Appendix A: Public Outreach. In addition to the focus group, the Public Review Draft of the Plan was shared with the Committee for Community Engagement to generate ideas for sharing the document and receiving public feedback. The Plan was posted on the City's website and hard copies were made available at the Tigard Library, Senior Center, and select City offices for public comment. After completion of the public comment period, final edits will be made to the document and the Plan will be presented to the City Council for adoption and/or acceptance. 5 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 This page intentionally left blank. 6 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 2 Self-Evaluation Programs, activities, and services offered by the City of Tigard to the public must be accessible to people with and without disabilities. Accessibility applies to all aspects of a program or service, including advertisement, orientation, eligibility, participation, testing or evaluation, physical access, provision of auxiliary aids, transportation, policies, and communication. City policies and practices were reviewed to ensure that they do not adversely affect the full participation of individuals with disabilities. This process included a review of the City's current policies, services, programs, and activities based on staff responses to an online program accessibility questionnaire, and a review of the policies and practices that govern the administration of City programs, activities, and services based on information from the City's website. The recommendations contained in this section will serve as a basis for the implementation of specific strategies that will improve access to City programs, as required by law. 2.1 Programmatic Modifications The ADA Title II Coordinator, or designee, will follow-up with each department to review the recommendations contained in the self-evaluation. In those situations where a policy, program, or procedure creates a barrier to accessibility that is unique to a department or a certain program, the ADA Coordinator, or designee, will coordinate with the program manager to address the removal of the barrier in the most reasonable and accommodating manner in accordance with applicable law. 2.2 Program Accessibility: Required Actions and Implementation Strategies The findings from the program accessibility questionnaire are organized into categories based on the requirements of title II of the ADA: • Accessible and Adaptive Equipment • Public Meetings • Contracting, Licensing, or Other • Special Events and Private Events on Arrangements Public Properties • Customer Service • Telephones and Communication • Emergency Procedures Devices • Facilities • Television and Audiovisual • Notice Requirements Information • Printed Information • Tours and Trips • Program Eligibility Requirements • Training and Staffing and Admission • Transportation Services • Program Participation • Website 7 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 The online programmatic accessibility questionnaire was available from April and May 2018. A total of 33 staff members completed the questionnaire, representing all City departments. The following overview includes brief descriptions of questionnaire categories, required actions for each topic area, and recommendations for implementation. More information about the categories can be found in the "ADA Best Practices Toolkit for State and Local Governments."' Legislative citations and links to the toolkit are provided in footnotes throughout this section. 2.2.1 Accessible and Adaptive Equipment Adaptive aids are devices, controls, appliances, or items that make it possible for persons with disabilities to improve their ability to function independently and participate in programs, services, and activities offered by the City.' For example, a pen, note pad, and clipboard provided to a person with a hearing or speech impairment to write notes on or electronic equipment such as an accessible computer station are considered adaptive equipment. Required Actions 1. It is required to provide and maintain, in working order, accessible equipment for people with disabilities when equipment is provided to the public.' Implementation Strategies • Collaborate with community organizations that serve people with disabilities to develop and maintain a resource list of assistive technology and accessible equipment. • Review equipment provided by the City for use by the public, such as computers, copy machines, telephones, or other technologies, to identify potential barriers to accessibility and corresponding solutions. • Establish and maintain a toolkit of adaptive aids and resources for staff who interact with the public. Include information about both onsite and contracted services. • Include accessibility as a criterion for purchasing equipment such as furniture, site furnishings, and office systems. Whenever possible, evaluate furniture and building material purchases for compatibility with a wide range of disabilities and sensitivities. 6 For the full toolkit,visit https://www.ada.gov/pcatoolkit/toolkitmain.htm. "The Tool Kit should be considered a helpful supplement to—not a replacement for—the regulations and technical assistance materials that provide more extensive discussions of ADA requirements. It also does not replace the professional advice or guidance that an architect or attorney knowledgeable in ADA requirements can provide." 6 See https://www.ada.gov/pcatooIkit/chapltooIkit.htm. 7 DOJ,Title II Regulations Subpart B § 35.133 Maintenance of accessible features 8 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 2.2.2 Contracting, Licensing, or Other Arrangements Many public agencies rely on the use of contractors, licensees, consultants, and other entities for the delivery of services. These entities are considered an extension of the City's services and are required to adhere to the same ADA regulations as the City. Required Actions 1. It is required that contractors, licensees, consultants, and other entities providing or delivering services for the City adhere to the same ADA regulations as the City.8 Implementation Strategies • Ensure contractors, licensees, and other entities providing services to the public are aware of their obligation to make City programs and activities accessible. • Monitor public programs and activities provided by contractors, licensees, and other entities to ensure continued accessibility. • Provide a checklist and information to inform contractors, licensees, and other entities who provide services to the public of their responsibility for accessibility under the ADA. 2.2.3 Customer Service In-person interaction with the public is one of the primary functions of most City departments. To meet ADA standards for in-person interactions, staff should be aware of the formal and informal procedures for accommodating people with disabilities, including appropriate responses to requests for program modifications and guidelines for accommodating service animals. Required Actions 1. It is required to continue the policy of not charging an additional fee to the person requesting a program modification or alternative format due to their disability.9 2. It is required to allow service animals in City facilities.lo 3. It is required to continue to make appropriate modifications to regular practices to accommodate the needs of individuals with disabilities when providing customer service.11 8 DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 9 DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination io Only dogs are recognized as service animals under title II of the ADA. In limited cases, miniature horses that are individually trained to perform tasks for people with disabilities may qualify to provide services. Emotional support,therapy, comfort, or companion animals are not considered service animals under the ADA. See DOJ,Title II Regulations Subpart B § 35.136 Service animals. 11 DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 9 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Implementation Strategies • Develop a process for determining reasonable modifications as they are requested. The process should address the following considerations: o Ensure the public has easy access to information about how to make a request for modifications and who to contact. o Ensure all staff can direct a person making a request to the appropriate staff member. o Ensure requests can be accepted from someone on behalf of the person with a disability and are not be required to be in writing. o Ensure staff is trained to appropriately respond to requests, including an understanding of when requests should be fulfilled immediately and when more information and planning is required to provide a modification. o Ensure staff retains documentation of requests and how they are fulfilled. • Publicize the City's ADA grievance procedure to ensure that individuals with a disability can formally communicate with the City if they are not satisfied with the results of the request process. • Track the outcomes of all accessibility requests to look for global issues that can be addressed, to evaluate the success of program modifications, and to identify problems that can be solved proactively to improve customer service. • Develop a formal process for changing standard operating procedures when needed to fulfill a modification request. • Develop guidelines to ensure the inclusion of service animals at City facilities. Appropriate exclusions are limited but might include when a service animal is out of control and the handler does not take effective action to control it, if a particular service animal is not housebroken, or if admitting service animals would fundamentally alter the nature of a service or program. • Assess the composition and needs of the population of people with disabilities in the city. This can be accomplished by developing relationships with community members with disabilities and organizations that serve people with disabilities. • Conduct outreach to people with disabilities to improve communication, increase participation, and incorporate them in the process of developing guidance on planning, programs, and possible modifications. 10 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 2.2.4 Emergency Procedures The City's emergency planning and procedures are required to include plans for people with disabilities.12 Issues that have the greatest impact on people with disabilities include: • Notification; • Evacuation; • Emergency transportation; • Access to medications, refrigeration, and back-up power; • Access to their mobility devices or service animals while in transit; and • Access to information. Required Actions 1. It is required to include strategies for people with disabilities in various types of emergency situations when developing guidelines and a plan for emergency evacuations.13 2. It is required to train staff to safely evacuate people with disabilities in various types of emergency situations when developing guidelines and a plan for emergency evacuations.14 Implementation Strategies • Incorporate the following elements into emergency planning: o Address what to do when an alarm is triggered; o Establish meeting places for assistance and evacuation chairs; o Provide direction on what to do if assistance is not available; and o Establish floor captains. • Continue to test the City's emergency evacuation procedures with periodic drills, both announced and unannounced. Enlist people with different disabilities to role-play during emergency simulations. • Review existing procedures dealing with emergencies to ensure that people with disabilities can be alerted and that they can alert emergency service providers. • Work with disability organizations to explore the use of technologies such as audible exit signs for orientation and direction or vibrating paging systems. • Provide training for public safety personnel and other key staff to enable them to communicate in basic ASL if there is an emergency condition. For example, this training iz See https://www.ada.gov/pcatoolkit/chap7emergencymgmt.htm. is 42 U.S.C. § 12132; see generally, DOJ,Title II Regulations Subpart B § 35.130, Subpart D § 35.149. 14 42 U.S.C. § 12132; see generally, DOJ,Title II Regulations Subpart B§ 35.130, Subpart D§ 35.149. 11 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 would be provided to police and building inspectors involved in post-disaster emergencies. • Ensure that emergency teams are aware of people with disabilities in their communities who may require special assistance in an emergency. • Provide ASL interpreters at emergency facilities on an as-needed basis. To accomplish this, form a pool of interpreters as a resource from which to draw upon. • Review suggestions for evacuation plans and procedures on the U.S. Access Board website at http://www.ada.gov/emergencyprepguide.htm and the Emergency. • Review suggestions for evacuation plans and procedures provided by the federal government, such as the "Procedures for Employees with Disabilities in Office Occupancies" document published by FEMA and the U.S. Fire Administration. 2.2.5 Facilities City facilities should be accessible to people with different types of disabilities. The identification of structural barriers in buildings, parks, and the public rights-of-way is a required element of an ADA transition plan. Required Actions 1. It is required to ensure that interested people can obtain information regarding the existence and location of accessible facilities and elements within facilities." Implementation Strategies • Provide information about the accessibility of City-owned and operated facilities on City publications, including City websites. Relevant information includes the locations of accessible entrances, accessible bathrooms, accessible parking, and accessible routes from transit and parking to program locations. • Provide information about the accessibility of non-City facilities hosting City programs and services. • Provide information about the accessibility of City-owned facilities that are leased to other entities. • Record and monitor requests relating to facility access. The ADA Coordinator can analyze accessibility requests periodically to look for global issues that can be addressed and problems than can be solved proactively. is DOJ,Title II Regulations Subpart E § 35.163 Information and signage 12 City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 2.2.6 Notice Requirements Title II regulations require the City to inform the public of the rights and protections provided by the ADA for access to public programs, services, and activities. It is the obligation of the head of the public entity to determine the most effective way of providing notice to the public about their rights and the public entity's responsibilities under the ADA. Publishing and publicizing the ADA notice is not a one-time requirement. State and local governments should provide the information on an ongoing basis, whenever necessary.16 Required Actions 1. It is required to maintain the position of ADA Coordinator.17 2. It is required to continue publishing a notice regarding the City's commitment to providing accessible services.18 3. It is required to continue to ensure effective communication and that interested persons can obtain information as to the existence and location of accessible services, activities, and facilities.19 Implementation Strategies • Establish a consistent advance-notice requirement for people requesting modifications for all departments, programs, and services. • Republish and rebroadcast radio, newspaper, television, or mailings of the notice periodically, as applicable. • Increase outreach to people with disabilities and the organizations that serve them to provide information about possible modifications and the accessibility of services, programs, and activities. • Ensure staff is aware of the public locations of the nondiscrimination statement and the procedure for filing a disability discrimination complaint. 2.2.7 Printed Information To meet the ADA's communication standards, City departments must be able to provide information, when requested, in alternative formats such as using easy-to-understand language, braille, large-print format, audiotape or CD, computer media, or other formats as requested.20 "See https://www.ada.gov/pcatoolkit/chap2toolkit.htm. 17 See https://www.ada.gov/pcatoolkit/chap2toolkit.htm; DOJ,Title II Regulations Subpart A§ 35.107 Designation of responsible employee and adoption of grievance procedures. 18 DOJ,Title II Regulations Subpart A§ 35.106 Notice 19 DOJ,Title II Regulations Subpart E § 35.163 Information and signage 20 See https://www.ada.gov/pcatoolkit/chap3toolkit.htm. 13 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Required Actions 1. It is required to provide accessible alternative formats to printed information upon request.21 2. It is required to address all requests for other alternative formats for lengthy documents on an individual basis.22 3. It is required that any additional costs for alternative forms of communication are not assigned to the person with a disability requesting the alternative format.23 4. It is required to provide assistance upon request in filling out forms or when alternative formats are unavailable or infeasible.24 5. It is required to provide printed information in simple language for persons with cognitive disabilities upon request.21 Implementation Strategies • Provide training to staff on producing printed information in alternative formats for people with various disabilities to ensure that requests are handled in a uniform and consistent manner. When a requested format is not possible due to the nature of a specific document, City staff should seek alternative ways to communicate the information contained in the document. • Develop and implement standard templates for producing accessible City materials that are consistent with City branding and style. • Review information on developing accessible printed materials provided in the Resources section of this Plan. • Include images of people with disabilities when images of people are included in City printed materials. • Continue including the following notice on materials printed by the City that are made available to the public: This publication can be made available in alternative formats, such as large print, braille, or electronic format. Requests can be made by calling Nadine Robinson, ADA Coordinator, at(503) 718-2481, or by using the 711 Telecommunications Relay Service, or email Nadine@tgard-or.gov. Whenever possible, please allow five working days for your request to be processed. 2i DOJ,Title II Regulations Subpart E § 35.160 General 22 DOJ,Title II Regulations Subpart E § 35.160 General 23 DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 24 DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 25 DOJ,Title II Regulations Subpart E § 35.160 General 14 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 2.2.8 Program Eligibility Requirements and Admission The public must be able to access all programs, service, and activities, regardless of disability. Admission criteria, ability to complete forms, and participation in interviews must be available to all members of the public by providing reasonable modifications. Required Actions 1. It is required to include individuals with disabilities in regular programs without requiring the use of different or separate aids, benefits, or services, even if they are as effective as those provided to other individuals." 2. It is required to include individuals with disabilities in regular programs to the maximum extent possible.27 3. It is required that when interviews are required for program participation, they are held in an accessible location and that alternative formats or auxiliary aids are provided upon request.2' Implementation Strategies • Include a nondiscrimination statement on application or registration forms. • Include a notice of alternative formats for application or registration forms. 2.2.9 Program Participation The public must be able to access all programs, service, and activities regardless of disability, unless a modification would result in a fundamental alteration to the nature of a service, program, or activity or impose undue financial and administrative burden S.21 Required Actions 1. It is required to include individuals with disabilities in regular programs without requiring the use of different or separate aids, benefits, or services, even if they are as effective as those provided to other individuals.3o 2. It is required to include individuals with disabilities in regular programs to the maximum extent feasible.31 26 DOJ,Title II Regulations Subpart B §35.130 General prohibitions against discrimination " DOJ,Title II Regulations Subpart B§ 35.130 General prohibitions against discrimination 28 DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination; Subpart E § 35.160 General 29 DOJ,Title II Regulations Subpart E § 35.164 Duties 30 DOJ,Title II Regulations Subpart B §35.130 General prohibitions against discrimination 31 DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 15 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 3. It is required to provide reasonable modifications to program participants with disabilities to include them in regular programs to the maximum extent possible.12 4. It is required to modify standard policies, practices, or procedures to avoid discrimination unless the modification would fundamentally alter the nature of the program, result in an undue financial or administrative burden, or create a hazardous situation for the participant or others." 5. It is required that when the City determines it is necessary to exclude or limit the participation of people with disabilities to ensure the safe operation of programs or services, it continues to base those determinations on real risks, not on speculation, stereotypes, or generalization S.34 Implementation Strategies • Increase outreach to persons with disabilities and the organizations that serve them to ensure program accessibility. The City should also inform the public of the possible modifications that can be provided to make programs, services, and activities accessible. 2.2.10 Public Meetings Public meetings are a regularly occurring activity for public agencies. The main objective of any public meeting is to impart and solicit information on public issues of importance to the local government. Where these meetings are held are an important consideration in meeting the requirements of the ADA. Required Actions 1. It is required to hold public meetings in accessible facilities to accommodate the participation of people with various disabilities.35 2. It is required to provide agendas and other meeting materials in alternative formats upon request.16 3. It is required to provide flexibility in the time limit on speaking for individuals with communication difficulties.37 32 DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 33 DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination; see section 3 Undue Burden 34 DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 35 DOJ,Title II Regulations Subpart E § 35.160 General 36 DOJ,Title II Regulations Subpart E § 35.160 General 37 DOJ,Title II Regulations Subpart E § 35.160 General 16 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 4. It is required to have assistive listening devices available for public meetings where the sound at the meeting is amplified.38 Implementation Strategies • Establish a consistent advance-notice requirement for requests for modifications at public meetings. • Display a notice on meeting agendas indicating the availability of accessibility modifications and other elements of meeting participation. • Prepare a list of accessible meeting spaces to facilitate the scheduling of meetings or the relocation of meetings upon request. • Maintain a list of on-call American Sign Language interpreters who may be brought to meetings to assist individuals with hearing impairments. • Develop a checklist and provide instruction to staff on ensuring the accessibility of meetings. Guidelines should include examples of the types of modification requests that may be made by people with different types of disabilities, including assistive listening systems, sign language interpreters, readers, descriptive services, and other assistive technologies like real-time captioning. Other considerations include the layout of the room and the locations of the sign-in and refreshments tables, bathrooms, and other elements to ensure these features are accessible. • Move disability-related agenda items to the beginning of agendas when possible. Some people with disabilities are unable to stay late at meetings because they use para- transit, have fixed schedules, and/or need to use personal care attendants. • Assign a member of staff as a greeter at public meetings and events. Identify this person as a resource for people who may require assistance. 2.2.11 Special Events and Private Events on Public Properties All events on public property should be accessible to people with disabilities. When a public agency rents its properties to a third party for special events, the responsibility for maintaining an accessible environment is temporarily deferred to the tenant. Required Actions 1. It is required to maintain in operable working condition those features of a facility that are required to be readily accessible and usable by persons with disabilities39 to ensure the accessibility of events held on public property. 38 DOJ,Title II Regulations Subpart E § 35.160 General; 2010 Standards 219.2 Required Systems 39 DOJ,Title II Regulations Subpart B § 35.133 Maintenance of accessible features 17 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Implementation Strategies • Inform private organizations that sponsor events at City facilities about applicable ADA requirements. • Provide a checklist and information during the application process to inform organizers of their responsibility for accessibility under the ADA. • For public events managed by a third party, the City will establish a procedure to require the third party to address as appropriate ADA accessibility obligations including but not limited to communications, parking, accessible routes, and architectural elements. 2.2.12 Telephones and Communication Devices Even with technological advances such as cell phones, texting, and instant messaging, provision of alternative communication technologies such as teletypewriters (TTY),telecommunication display devices (TDDs), or telecommunication relay services (TRS) remain a requirement for communicating with the public." Required Actions 1. It is required that when the City communicates by telephone, it can communicate as effectively with a person with a hearing or speech impairment.al 2. It is required that staff is proficient in the use of alternative communication technologies or able to direct the public to knowledgeable staff.42 3. It is required that publications that list phone numbers include alternative contact information for people with hearing and/or speech impairments.43 Implementation Strategies • Explore options for Video Remote Interpreting Services (VRI) for communicating with people with hearing and/or speech impairments. There are many situations where a live interpreter is required, but VRI is a convenient, flexible, lower-cost alternative. 2.2.13 Television and Audiovisual Information Televised and audiovisual information is a means for disseminating public information through presentations produced by City departments. All televised and audiovisual information including PowerPoint presentations must be accessible to persons with disabilities. As more 40 See https://www.ada.gov/pcatoolkit/chap3tooIkit.htm. 4' DOJ,Title II Regulations Subpart E § 35.161 Telecommunications 42 DOJ,Title II Regulations Subpart E § 35.161 Telecommunications 43 DOJ,Title II Regulations Subpart E §35.161 Telecommunications; § 35.163 Information and signage 18 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 communication is being done remotely through the internet, it will be increasingly important that all communication tools maintain accessibility as technology changes.44 Required Actions 1. It is required to provide alternative formats of televised and audiovisual presentations produced by the City upon request.45 Implementation Strategies • Review City presentations, videos, and recordings of meetings to identify potential barriers to accessibility and corresponding solution S.41 • Encourage presenters to read the slides and describe the graphic content when presenting PowerPoint or other visual presentations. • Include images of people with disabilities when images of people are included in City audiovisual materials. 2.2.14 Tours and Trips Many public agencies provide or facilitate tours and trips as part of their service. These tours and trips are subject to title II regulations. The City is responsible for ensuring that the tour can be experienced by people with disabilities, by making accommodations or modifications. Required Actions 1. It is required to modify tours and trips upon requested to enable people with mobility, visual, speech, hearing, and cognitive disabilities to participate.47 Implementation Strategies • Incorporate opportunities to request accessibility modifications in registration materials for tours or trips. • Provide information to participants in advance of a tour or trip regarding the destination,transportation, and other characteristics of the event so that informed requests for modifications can be made. • Evaluate the destination of the tour or trip and the means of transportation to determine accessibility and any modifications that may be required. If a tour route or a portion of a route is inaccessible and modifications are requested, reroute the tour or 44 See https://www.ada.gov/pcatooIkit/chap3toolkit.htm. 45 DOJ,Title II Regulations Subpart E §35.160 General 46 Closed captioning is not required for all televised or audiovisual presentations, but it is a common way of making them accessible to people who are unable to hear the audio portion, and in some instances, it might be the only accessible format. 47 DOJ,Title II Regulations Subpart B§ 35.130 General prohibitions against discrimination 19 City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 provide program modifications that will allow the tour to be experienced (for example: photographs, videos with closed captioning). 2.2.15 Training and Staffing As a part of the City's on-going staff development and training, the incorporation of disabilities awareness, standards, and resources is encouraged for all staff interfacing with the public or who maintain the facilities used by the public. Required Actions 1. It is required that City staff is knowledgeable about providing accessible services, programs, and activities for the public and that accessible facilities are maintained in working order.48 Implementation Strategies • Provide all City staff with ongoing awareness and sensitivity training. • Develop a comprehensive disability access training program. Educate City staff about their responsibilities under the ADA. The City's ADA Coordinator or department supervisors should be responsible for ensuring that staff members receive training. Staff members who have contact with the public should receive additional training about the process of providing modifications and assistive devices to make their programs, activities, and services accessible. Ensure that training also includes information about responding to a variety of disabilities and the availability of program-specific adaptations, assistive devices, and modifications. • Develop standard guidelines for training materials. These guidelines should include standard language that appropriately describes the City's policy on inclusion and nondiscrimination. Staff members should receive training in using the guidelines effectively. • Offer training to staff members have contact with the public and wish to learn basic ASL communication skills. Training should emphasize basic communication and should not be viewed as a substitute for utilizing qualified ASL interpreters when requested. • Train maintenance staff regarding accessibility compliance and building codes to maintain facilities in an accessible condition. • Incorporate assistance for people with disabilities into training for building evacuation procedures. 48 DOJ,Title II Regulations Subpart E § 35.160 General; Subpart B § 35.130 General prohibitions against discrimination 20 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 2.2.16 Transportation Services Many public agencies provide public transportation services. The public accommodation standards for these services are set forth by the Federal Transit Administration.49 Required Actions 1. It is required to make reasonable modifications in policies, practices, or procedures for transportation programs when the modifications are necessary to avoid discrimination on the basis of disability or to provide program accessibility to services." Implementation Strategies • Periodically review transportation programs to proactively ensure accessibility. Develop strategies for modifications as appropriate. 2.2.17 Website As people turn to the Internet as their primary source of information regarding services, programs, activities, and facilities, the City's website at http://www.tigard-or.gov/takes on increased importance as a communications tool. Providing public access to City publications online is an effective means of reaching persons with disabilities.51 New accessibility standards for electronic and information technology covered by Section 508 of the Rehabilitation Act Amendments of 1998 have set forth the technical and functional performance criteria necessary for such technology to be accessible.-" Required Actions 1. It is required to take appropriate steps to ensure that the City's online communication with people with disabilities is as effective as other communications with the public.51 Implementation Strategies • Continue to publish the Policy of Nondiscrimination, including on the Basis of Disability, on the City's website. 49 DOT, Title 49, Subtitle A, Part 38 -Americans with Disabilities Act Accessibility Specifications for Transportation Vehicles. See specifications for transportation vehicles at https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=2efb7bdb786c2e63145ea6e1cf788693&mc=true&r=PART&n=pt49.1.38. so DOJ,Title II Regulations Subpart B § 35.130 General prohibitions against discrimination; DOT,Title 49, Subtitle A, § 38.1 Purpose "See https://www.ada.gov/websites2.htm; https://www.ada.gov/pcatooIkit/chap5tooIkit.htm. 52 Section 508 of the Rehabilitation Act requires that federal agencies' electronic and information technology is accessible to people with disabilities. Many state and local public agencies adopt these standards as best practices.Title 29, Chapter 16, §794d Electronic and information technology. 13 DOJ,Title II Regulations Subpart E § 35.160 General 21 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 • Conduct web accessibility analyses to periodically measure the accessibility of the City's websites. Consider adopting standards that meet or exceed Section 508 of the Rehabilitation Act guidelines for the accessibility of electronic information. Outreach to people with disabilities can help identify website barriers and ensure the website includes adequate information about the City's commitment to providing accessible services. • Acquire the technological resources or staffing expertise to create accessible documents for posting on the City website. • Assign one department the authority to provide standards and oversight for outside vendors who create webpages and for departments who post their own documents. This can support consistent and accessible web pages. • Provide information on the City website about the accessibility of City facilities. 22 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 2.3 Services, Policies, and Practices Summary of Recommendations The review and evaluation of services, policies, and practices was completed in 2018.54 The comprehensive review of each service, policy, and practice offered by the City, as required by the ADA, as well as recommendations for implementing specific improvements, is included as part of this document as Appendix B: ADA Self-Evaluation Summary. The content of the full report is compiled in a Program Inventory Excel workbook that is intended to be the City's ongoing record of the remediation of barriers to providing accessible programs, services, and activities. This section provides a general overview of the recommendations and is organized into three general categories: Access Recommendations: includes recommendations that will ensure people with disabilities have access to City programs, events, and facilities. Communication Recommendations: includes recommendations that will ensure that City communication of all types is accessible to people with disabilities. Policy Recommendations: includes recommendations for changes in policy language and/or inclusiveness of policies. 2.3.1 Access Recommendations • Provide information about the accessibility of facilities where City programs, activities, and services are provided. • Provide information about requesting modifications, alternative formats of materials, auxiliary aids, and accessible services. • Ensure that fee structures for records, recordings, etc. do not discriminate against people with disabilities. • Ensure that people with disabilities have access to public records and are aware that assistance is available upon request. • Ensure that City events, programs, and services are accessible to people with disabilities. This includes events, programs, and services offered directly by the City, and offerings on behalf of the City by non-City organizations. • Provide programmatic modifications upon request. This includes assistance with forms, access to public information, relocation of services to accessible locations, and other alternatives as needed. • Ensure that City events with amplified sound, including movies and concerts at parks, are accessible for people with disabilities. 54 This included a review of the City's standards and specifications, available under separate cover from the City's ADA Coordinator. 23 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 2.3.2 Communications Recommendations • Ensure that online services, forms, questionnaires, and documents are accessible for people with disabilities or that alternatives are provided upon request. • Ensure that materials are available in alternative formats upon request. Provide personal assistance where alternatives are not available. • Conduct accessibility checks for the City website and all documents, presentations, and videos posted to the City website and ensure the City's website is accessible in multiple browsers. • Ensure that documents are formatted in a way that is accessible for screen readers. • Provide fillable PDF forms wherever possible. • Ensure that information contained in complex documents, maps, tables, charts, and calendars is available in alternative formats upon request. • Ensure that videos, including live and archived recordings of meetings, are accessible for people with disabilities. In some cases, transcripts or captions might be necessary. • Provide email and TTY contact information where other contact information is provided. Ensure that multiple forms of contact information are provided for requesting a modification. 2.3.3 Policy Recommendations • Ensure information about programs and registration are available in alternative formats upon request. • Ensure that policy of not accepting payment or reservations by phone for certain programs and services does not discriminate against people with disabilities. • Ensure that parking and traffic control plans retain and provide accessible parking spaces and circulation. • Ensure that staff training incorporates information about interacting with and assisting people with disabilities. • Use person-first language when referring to people with disabilities. • Ensure that policies regarding animals, including livestock, do not inhibit ownership of service animals. 24 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 3 Transition Plan Title II of the ADA requires that public entities having responsibility for or authority over facilities, streets, roads, sidewalks, and/or other areas meant for public use to develop a Transition Plan to ensure their facilities meet the standards for program accessibility. Program accessibility means that a program, activity, or service provided to the public is accessible when viewed in its entirety. Simply put, a Transition Plan assists in turning inaccessible facilities into environments that are accessible to and useable by individuals with disabilities. The process of developing an ADA Transition Plan includes the identification of access barriers within the built environment. The Transition Plan for the removal of structural barriers to program access must contain the following information: • Identification of the barriers to program access; • Identification of the specific barrier removal action(s); • Identification of a schedule for barrier removal; and • Identification of responsibility for ensuring barrier removal. This Transition Plan is organized into two parts: 1) buildings, parks, trails, and parking lots (Section 3.3), and 2) the public right-of-way (Section 3.4), which includes curb ramps, sidewalks and associated hazards, and pedestrian signals under the City's maintenance responsibility. 3.1 Schedule for Facility Improvements Title II regulations state that if a transition plan will take more than one year to fully implement, it must contain interim steps to provide program accessibility. This plan proposes a preliminary 15-year strategy for removing barriers at City buildings, parks, trails, and parking lots, and within the public right-of-way. The City reserves the right to modify barrier removal priorities to allow flexibility in accommodating community requests, petitions for reasonable modifications from people with disabilities, changes in City programs, and funding opportunities and constraints. The City plans to focus on refining its programs, priorities, and schedule over the next three years and will make updates to the priority tables contained in this report on an annual basis. The barrier removal strategy incorporates flexibility in the process and allows the City to respond to new opportunities as they arise. The City's ADA Coordinator will be responsible for ensuring barrier removal. For the most current status of the remediation of barriers, contact the ADA Coordinator. 3.2 Accessibility Standards At the time of the evaluations, the ADA 2010 Standards, 2014 Oregon Structural Specialty Code (OSSC) Chapter 11 Accessibility, 2015 Architectural Barriers Act (ABA) Standards for Outdoor Developed Areas, 2011 Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG), 2009 Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), and the 1991 ADA Standards for Accessible Design (ADAAG) were used to 25 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 identify barriers at City facilities. The barrier evaluations conducted provide an assessment of current conditions as viewed by current code and provide a baseline for future barrier removal. 3.3 Facility Evaluations The barrier assessments for buildings, parks, trails, and public parking facilities included all public interior and exterior elements of a site. The assessment identified physical barriers in each facility that limit accessibility and compared each facility to the 2010 ADA, 2014 OSSC, and the 2015 ABA. Summaries of the identified barriers are included with this document as Appendix C: ADA Barrier Analysis Summary Report. The evaluations were undertaken by a consultant team equipped with measuring devices, City facility data, and evaluation checklists. Diagrams and GIS maps of each site were annotated during the evaluation process and were included in the ADA Facility Assessment Report, available from the City.55 The elements included in the evaluations are as follows: • Built-in Elements • Outdoor Constructed • Play Equipment Areas • Doors/Gates Features eProgram Specific** • Drinking Fountains 0 Parking Areas Restrooms • Elevators • Paths of Travel* • Rooms • Signs • Hazards • Picnic Areas • Telephones • Other Features * Paths of travel encompass corridors/aisles, curb ramps, ramps, stairways, trails, and walks. **Program specific barriers include features that are typically unique to certain facilities, such as bathing facilities, eating areas,judicial facilities, kitchens, and libraries. 3.3.1 Barrier Categorization The removal of accessibility barriers is guided by a categorization process referenced in the ADA regulations. The principle is to ensure that basic access is provided, access to activities is provided, amenities are accessible, and alternatives to architectural modifications are allowed when appropriate. The categorization process includes the following programmatic categories: • Category 1 identifies barriers that affect accessibility at the entrance to a facility, or a pedestrian route to the portion of a facility where program activities take place (for example: parking, walks, ramps, stairs, doors). ss The ADA Facility Assessment Reports are available under separate cover by contacting the City's ADA Coordinator.The ADA Facility Assessment Reports are a snapshot in time of the facility at the time of evaluation.The reports do not reflect the dates or history of construction or alterations of City facilities. In some cases,the items contained in the reports are not required to be remediated because those items were compliant at the time of construction or alteration, or other options are available to the City to provide similar accessible programs, activities, and services.The reports do not necessarily reflect actions that the City must undertake, but rather constitute a list of elements that were not consistent with accessibility standards current at the time of the evaluation. 26 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 • Category 2 identifies barriers that affect accessibility of program use areas (for example: trails, transaction counters, conference rooms, public offices, restrooms). • Category 3 identifies barriers that affect access to amenities serving program areas (for example: drinking fountains, telephones, site furnishings, vending machines). • Category 4 identifies areas or features that may not be required to be modified for accessibility (for example: a pathway that does not connect to an accessible feature, an area where no public programs or activities occur, or the program or activity provided at this location is available in an accessible location). This categorization was applied to each identified barrier at City buildings, parks, trails, and public parking lots. Some barriers will require further evaluation by City staff for programmatic solutions. These barriers were assigned two category values (for example: 2 or 4), indicating the barrier will need to be assigned one of the values but not both. 3.3.2 Priorities for Barrier Removal at City Facilities To develop a phasing schedule for the removal of barriers at the City's facilities, prioritization criteria were developed with input from the ADA focus group and prioritization meetings conducted with City staff. All facilities in which the City provides programs, activities, and services were reviewed based on the following criteria: • Level of Use by the Public: Facilities that receive a high level of public use receive a higher priority. • Program Uniqueness: Some programs are unique to a building, facility, or population and cannot occur at another location. • Identified Accessibility Needs: Efforts should focus on City facilities where there have been accessibility complaints. • Geographic Distribution: By selecting a range of facilities that are distributed throughout the City, the City can ensure maximum access for all residents. • Public Gathering and Meeting Spaces: Facilities that are used by the community and City for public meetings, special events, and gatherings. • Community Rights and Responsibilities: Facilities where services are provided to exercise citizen rights—participation in City Council and Commission meetings, access to elected officials, facilities where taxes are paid, permits and licenses are obtained, etc. 3.3.3 Phasing Schedule for City Facility Improvements This Plan proposes a 15-year strategy for removing barriers at City facilities that limit program accessibility. Barriers identified at City facilities will be removed systematically based on 27 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 established program priorities. It is the intent of the City to address and remove barriers to accessibility at its facilities based on the need for programmatic access. The City reserves the right to modify barrier removal priorities to allow flexibility in accommodating community requests, petitions for reasonable modifications from people with disabilities, changes in City programs, and funding opportunities and constraints. It is the goal of this Plan to provide access to the programs, activities, and services provided by the City. ADA regulations state that if a transition plan will take more than one year to fully implement, it must contain interim steps to provide program accessibility. Interim measures will be explored and implemented to provide better access for the public pending the implementation of major physical barrier removal projects. Interim measures in this Plan may include: • relocating a program to an accessible facility, • the installation of directional signs, • the installation of a power door or lift, • adjustments to operating mechanisms, • temporary modifications that increase access, or • other actions that enable better access. The City will accomplish barrier removals in its buildings and sites either through policy and procedure modifications to remove programmatic barriers, or maintenance and construction projects to remove structural barriers. The information contained in the ADA facility assessment reports has been incorporated into barrier analysis Excel workbook with companion facility GIS data, which is intended to be the living Transition Plan and the City's ongoing record of the remediation of barriers. The tracking tool will be updated over time as the City removes barriers or finds programmatic solutions to barriers. The record is maintained by the City's ADA Coordinator. For the current status of the remediation of barriers, contact the City's ADA Coordinator. The barrier removal schedule is summarized in tables on the following pages. It is the City's intent to review all barriers during the first three years of Plan implementation and address those barriers that can be resolved through programmatic modifications and maintenance tasks. The City will then revise the schedule for removal of the remaining barriers. It is also assumed that as facility barriers are evaluated in greater detail as part of future projects and complaints, a percentage of the barriers will fall within the safe harbor provisions, explained later in this section. The City will then revise and update the inventory of barriers and, when applicable, revise the schedule for the removal of remaining barriers. The following tables are organized by type of facility and represent an initial 15-year plan for barrier removal. The initial schedules were developed based on staff discussions and priorities including each facility's level of use by the public, and types and critical nature of services provided. 28 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Table 3-1:Transition Plan Phasing Schedule for City Buildings"' Facility Years 1-3 Years 1-5 Years 1-10 Years 1-15+ Civic Center: City Hall • • • Civic Center: Permit Center • • • Civic Center: Police • • • Civic Center: Exterior • • • Dirksen Nature Park Educational Building • • Fanno Creek House • • Library • • • Public Works Building • • • Senior Center • • • Table 3-2:Transition Plan Phasing Schedule for City Parks" Facility Years 1-3 Years 1-5 Years 1-10 Years 1-15+ Ash Avenue Dog Park • • Bonita Park • • Bull Mountain Park • • Commercial Park • • Community Garden • • Cook Park • • Dirksen Nature Park • • East Butte Heritage Park • • Elizabeth Price Park • • Englewood Park • • Fanno Creek Park • • Jack Park • • Jim Griffith Memorial Skate Park • • Liberty Park • • Main Street Park • • Northview Park • • Potso Dog Park • • S6 The most current information on the status of all barrier identification and mitigation is contained in the City's ADA Barrier Analysis Tool maintained by the City's ADA Title II Coordinator. 57 Windmill Park is a corner location with no facilities to evaluate under the scope of the ADA is not included in the transition plan phasing schedule. 29 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Table 3-2:Transition Plan Phasing Schedule for City Parks" Facility Years 1-3 Years 1-5 Years 1-10 Years 1-15+ Senn Park • • Summerlake Park • • Woodard Park • • Table 3-3:Transition Plan Phasing Schedule for City Trails Facility Years 1-5 Years 6-10 Years 11-15 Years 1-15+ Englewood East/N Dakota to • • Tigard Trail Fanno Creek Trail (Library) • • Fanno Creek Trail • • Pathfinder-Genesis Trail • • Table 3-4:Transition Plan Phasing Schedule for City Parking Lots Facility Years 1-5 Years 6-10 Years 11-15 Years 1-15+ SW Main at SW Burnham • • • SW Main at SW Tigard • • • 30 �I T, I -------------------- I 1 Tigard ADA Self-Evaluation & Transition Plan D irksen Nature Park_Ed cational Bui ing i Evaluated Buildings and Parking Lots � i _ _ eI SW Walnut St Public Lot(SW Main at SW Tigard) Public Lot(SW Main at SW Burnham) i I 211 Ferguson Building !i Public Works Building i Civic Center- Police Station ! ,Civic Center- Permit Center ; 99W Civic Center- City Hall �Fanno Creek Senior Center. Context Library Street Railroad a Water Feature Park i I City Limits i ------- 01 June 2019 I i Miles 0 0.25 0.5 This page intentionally left blank. — -i Senn Park i _., I I Englewood �_ ' ---- Park Englewood East/ N. Dakota to Tigard Trail _- Summerlake ' Park Dirksen � O Tigard ADA Self-Evaluation & Transition Plan Nature Park Commercial Park Evaluated Parks and Trails Windmill Park Northview Liberty Park Park - Jack Woodard Park Ash Ave.m Griffith fth Memorial Skate Park -- Park Park Main St Park / Potso Dog Park __, r i Community Garden Trail i �_� :__L; Fanno Fanno Creek Trail Pathfinder - Genesis Trail Creek Park Park i Bull Mountain Park O Unmarked Trail ' 99W Elizabeth Price Park East Butte Bonita Park Heritage Park , r � a , Context 9 f Street — -- --� i Railroad Water Feature Park Cook Park .! i City Limits i , I , r. i © 0 June 2019 Miles gin. 0 0.25 0.5 This page intentionally left blank. City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 3.4 Public Right-of-Way The ADA addresses accessible public right-of-way where sidewalks are provided by the City. The ADA does not mandate the installation of sidewalks but does require curb ramps at intersections where existing pedestrian walkways are provided." Under title II of the ADA,the City is not necessarily required to construct curb ramps at every point where a sidewalk intersects a curb. Traffic safety considerations may make construction of ramps unsafe at some locations. Alternative routes to buildings that make use of existing curb ramps may be acceptable under the concept of program accessibility where individuals with disabilities need only travel a marginally longer route. In addition, the undue financial or administrative burden limitation recognized by title II of the ADA may limit the number of curb ramps that the City is required to provide (see Section 3.5.4 and 3.5.5). In 2002, the United States Court of Appeals for the Ninth Circuit, which has jurisdiction over Oregon, held for the first time that sidewalks constitute a service, program, or activity of a public entity.59 Sidewalks are, therefore, subject to the ADA's program accessibility regulations. Before this decision, the law was unclear about whether transition plans for public entities should address barrier removal from sidewalks. When originally written, the ADA specifically addressed curb ramps; this court decision added sidewalks. 3.4.1 Public Right-of-Way Evaluations Right-of-way facilities under Tigard's responsibility were evaluated in 2018 using criteria from the 1991 ADAAG, 2010 ADA, 2011 PROWAG, and 2009 MUTCD accessibility standards. The evaluations included curb ramps, pedestrian access routes, and pedestrian signals. The pedestrian access route data includes crosswalks, railroad crossings, sidewalks, and hazards found along walkways and is referenced more generally as sidewalks in the remainder of this document. This section describes each type of facility evaluated and summarizes the barrier findings as follows: • A matrix showing geospatial proximity priorities by category; • Descriptions of the barrier categorizations; and • Maps showing the locations of identified barriers. 58 DOJ,Title II Regulations Subpart D§35.151(1) 59 Barden v.City of Sacramento, 292 F.3d 1073 (9th Cir. 2002) 35 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 3.4.2 Public Right-of-Way Prioritization The draft schedule for removing barriers in the City's public right-of-way was developed using guidelines identified in title II of the ADA. If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers,followed by walkways serving other areas.60 Based on these guidelines, the prioritization criteria include the following: • Locations of citizen complaint/request (ADA Title II Program Access); • Locations serving government offices and public facilities; • Locations serving transportation; • Locations serving high use pedestrian corridors; • Locations serving commercial districts and employers; and • Locations serving other areas. Matrices on the following pages, starting with Table 3-5, illustrate the prioritization criteria for curb ramp, sidewalks, and pedestrian signal barrier removal projects in the City's public right- of-way. Each facility evaluated was assigned a rank based on its barrier priority and category. The priority is based on the information described above and the barrier category is based on the condition of the facility. The descriptions for each category are provided after each matrix. The highest ranked facilities are shaded in purple, medium ranked in-blue, and lower ranked in gold. The facilities with no assigned rank have no access deficiencies identified and are shaded in green. The columns in the matrix indicate the assigned priority and are in order of importance from left to right, with the left column having the highest importance. The rows indicate the category of condition assigned to each facility during the evaluation process, with the top row having the highest importance. Note that categories are hierarchical: higher-level categories (that is, one and two) may include lower-level category conditions (that is, three and four), but lower-level categories cannot include higher-level category conditions. 60 DOJ,Title II Regulations Subpart D §35.150(d)(2)Transition plan 36 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 3.4.3 Phasing Schedule for Public Right-of-Way Improvements The City proposes a 15-year strategy for the removal of barriers in the public right-of-way. Opportunities for funding the removal of access barriers in the public right-of-way include: • Projects for new construction; • Projects for roadway alterations; • Maintenance and repair projects and programs; • Dedication of a fund for ADA barrier removal; • Requirement for private developers to remove access barriers when development affects facilities within the right-of-way; and • Actively seeking out and applying for grant funding specific to removal of access barriers when available. The City currently has a pavement management program that schedules roadway rehabilitation and maintenance on an annual basis. The City plans to review public right-of-way barriers during the implementation of this Plan and address those barriers that can be resolved as part of the ongoing pavement maintenance and rehabilitation program. As part of the review,the City will revise the Transition Plan schedule for the removal of barriers. The Transition Plan schedule will also be updated as projects for new construction and roadway alterations arise. 3.4.4 Roadway Alterations and Maintenance: Triggers for Barrier Removals The DOJ, in coordination with the U.S. Department of Transportation, specifies that public entities are required to provide curb ramps or upgrade curb ramps whenever roadways are altered. An alteration is a change that affects or could affect the usability of all or part of a building or facility.61 Alterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and effect.62 Maintenance activities on streets, roads, or highways, such as filling potholes, are not alterations and do not trigger barrier removal.63 The following lists distinguishes between roadway alterations and maintenance activities. 61 DOJ,Title II Regulations Subpart D§ 35.151(b)(1)Alterations 62 2010 ADA Standards, 106.5 63 July 8, 2013 DOJ/Department of Transportation Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing. 37 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Alteration • Addition of new layer of asphalt • New construction • Cape seals • Open-graded surface course • In-place asphalt recycling • Rehabilitation and reconstruction • Microsurfacing and thin-lift overlay • Resurfacing of a crosswalk • Mill and fill / mill and overlay Maintenance • Chip seals • Pavement patching • Crack filling and sealing • Painting or striping • Diamond grinding • Scrub sealing • Dowel bar retrofit • Slurry seals • Fog seals • Spot high-friction treatments • Joint crack seals • Surface sealing • Joint repairs The City intends to replace or upgrade all non-compliant curb ramps under its maintenance responsibility during roadway alteration projects. 38 City of Tigard I ADA Self-Evaluation and Transition Plan —Final Plan November 2019 Table 3-5: Curb Ramp Geospatial Proximity Priority Matrix A B C D E F Location of Location Serving Location Serving Location Serving Priorities Priority Citizen Complaint Government Location Serving High-Use Commercial Location Serving (Category) Description or Request(ADATitle II Program Offices& Public Transportation Pedestrian Districts, Other Areas Facilities Corridor Employers Access) See 1 Category 1 Al B1 C1 D1 E1 F Description HighPriority-------------------------------------------------------- ---------------- - -----------See 2 Category 2 A2 B2 C2 D2 E2 F2 Description See 3 Category 3 A3 B3 C3 D3 E3 F3 Description Medium Priority ------------------------------------------------------- See ---------------------- ----------------------- -----See 4 Category 4 A4 B4 C4 D4 E4 F4 Description LowPriority -------------- ----------------------- ----------------------- ----------- No 5 deficiencies A5 B5 C5 D5 E5 F5 identified *The priorities listed under columns B, C, E, and F are specified under title II 28 CFR Section 35.150 (d). 39 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 3.4.5 Curb Ramp Barrier Descriptions Category 1: Category 3: • The curb ramp is built-up in the travel lane. • Parallel curb ramp with constrained turning space on two or more • The curb ramp is significantly damaged or deteriorated and is unsafe. sides is less than four-by-five feet. • There is a sidewalk with no curb ramp access or there is an • Turning space is less than four-by-four feet. obstruction to accessing the curb ramp. • A four-by-four-foot clear space at the bottom of the ramp outside • The curb ramp has no detectable warning. of the travel lane is not provided. • Running slope of ramp exceeds 8.33 percent or five percent for a • The curb ramp has no receiving ramp. blended transition. Category 2: • Cross slope of ramp exceeds two percent. • The facility is located along an arterial roadway and is a high use 0Counter slope of the curb ramp is greater than five percent. pedestrian corridor: • Grade break is not perpendicular to ramp. o Curb ramp has turning space that does not meet any existing • The curb ramp has a lip or vertical discontinuity greater than a half- inch. standards. • The facility is located along a collector roadway and: o The curb ramp does not have a firm, stable, and slip resistance o Curb ramp has turning space that does not meet any existing surface and/or has openings greater than a half-inch or parallel standards. with the direction of travel. o The curb ramp does not have a firm,stable, and slip resistance o Width of ramp is less than 36 inches. surface and/or has openings greater than a half-inch or parallel o The curb ramp is not located within marked crossings(when with the direction of travel. present). o Width of ramp is less than 36 inches. o A three-by-four-foot clear space at the bottom of the ramp o The curb ramp is not located within marked crossings(when outside of the travel lane is not provided. present). o End of walk midblock o A three-by-four-foot clear space at the bottom of the ramp o End of walk ramp with non-conforming curb ramp design outside of the travel lane is not provided. o End of walk midblock o Sidewalk transition to roadway midblock with non-conforming o End of walk ramp with non-conforming curb ramp design features. o Sidewalk transition to roadway midblock with non-conforming features 40 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Category 4: Category 5: • Slope of ramp flared sides(if applicable) exceeds 10 percent. • No deficiencies identified. • Diagonal curb ramp design without existing physical constraints. • The curb ramp has a lip or vertical discontinuity less than a half-inch. • The detectable warning surface does not meet ADAAG or PROWAG standards. • End of walk due to road terminating • Trailhead with non-conforming features • Curb ramp with no adjacent pedestrian walkway • The facility is located along a neighborhood or local roadway and: o Curb ramp has turning space that does not meet any existing standards. o The curb ramp does not have a firm, stable, and slip resistance surface and/or has openings greater than a half-inch or parallel with the direction of travel. o Width of ramp is less than 36 inches. o The curb ramp is not located within marked crossings (when present). o A three-by-four-foot clear space at the bottom of the ramp outside of the travel lane is not provided. o End of walk midblock o End of walk ramp with non-conforming curb ramp design o Sidewalk transition to roadway midblock with non-conforming features. 41 City of Tigard ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Table 3-6:Curb Ramp Barrier Summary Category Priority - of TotalSchedule High Priority 1 131 32 1.1% 1-15 1 C1 277 9.4% 1-15 1 D1 239 8.1% 1-15 1 E1 4 0.1% 1-15 2 B2 6 0.2% 1-15 2 C2 63 2.1% 1-15 Subtotal 621 21.1% - Medium Priority 1 F1 248 8.4% 1-15 2 D2 28 1.0% 1-15 2 E2 3 0.1% 1-15 2 F2 6 0.2% 1-15 3 B3 44 1.5% 1-15 3 C3 469 15.9% 1-15 3 D3 487 16.5% 1-15 3 E3 9 0.3% 1 1-15 Subtotal 1,294 44.0% - 42 City of Tigard ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Category Priorityof Total -• Low Priority 3 F3 455 15.5% 1-15 4 B4 35 1.2% 1-15 4 C4 156 5.3% 1-15 4 D4 89 3.0% 1-15 4 E4 13 0.4% 1-15 4 F4 249 8.5% 1-15 Subtotal 997 33.9% No Deficiencies 5 B5 2 0.1% - 5 C5 9 0.3% - 5 D5 4 0.1% 5 F5 16 0.5% - Subtotal 31 1.1% - Total for All Projects 2,943 100.0% - 43 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 This page intentionally left blank. 44 r } I 1• 'T- ri TIGARD -�-- • r--... • I • 2 • ;, • i . • a• i - rr•w .• •• • . • . �• �• ,I♦ 211 -, ,,__. • • • • . 4 �._ �•_-__-___-__i. j % t •Apo 04 •• • •»• !� •• •fir , a•• •. 0 0 Tigard ADA Self-Evaluation & Transition Plan �•: : : N•go • 00060 • • • ` ••�� 99W ' ' • • "Iblo Curb Ramp Barrier Removal ��• y go=��i! { i—,►• •• N•• ••••••• • •0 •••i• � 0 ' •` • .��• . • 211�• ••S• •t.�•a •• i Projects: High and Medium Priority�i� •• • / • JV,l •i _ • •a ••• • 4b 0 , Ar i000 • • • • • r Barrier Removal Rank r• �• • i • . , ••• •� High Priority j ! 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A _J I .- - TIGARD Aw 217 `' • : • a / Tigard ADA Self-Evaluation & Transition Plan � � • 99W • Curb Ramp Barrier Removal Projects: Low Priority and l � • � SWWaInutSt „t • �; _.,t • ♦ No Deficiencies Identified y�y • • • j 211 — Barrier Removal Rank — •! • • 1 • • / A i r° r_ r ! • . • „ •• • =}S" • Low Priority left 0 w - I • • f. • 0 •• • • • • • ` t • No Deficiencies Identified -- �J-1 ---a -----------, • �- SW Gaarde St + > SW McDonald St jII r• +< ar � • ! I I I Ir5 I • • 1 ' i ! y I \ °I� ' ,c : • ,�� : +.tSW Bund,Rd f• ----- ----- ! i i •• • w i ------------ -, Context • '' I ` • ' • Street L_ -------- Railroad � _. i ♦ * Railroad -------� - SW Durham Rd Water Feature Park �.., • . I -) i City Limits © 0 June 2019 Miles 0 0.25 0.5 This page intentionally left blank. City of Tigard I ADA Self-Evaluation and Transition Plan —Final Plan November 2019 Table 3-7: Sidewalk Geospatial Proximity Priority Matrix A B C D E F Location of Citizen Location Serving Location Serving Location Serving Location Serving Priorities Priority Complaint or Request(ADA Government Transportation/High- High-Use Commercial Location Serving (Category) Description Title II Program Offices&Public Use Pedestrian Pedestrian Districts, Other Areas Access) Facilities Corridor Corridor Employers See 1 Category 1 Al 131 C1 D1 E1 F1 Description High Priority See 2 Category 2 A2 B2 C2 D2 E2 F2 Description See 3 Category 3 A3 B3 C3 D3 E3 F3 Description Medium Priority -------- See 4 Category 4 A4 B4 C4 D4 E4 F4 Description LowPriority ------------------ ------------------------ --------------------- --------- No 5 deficiencies A5 B5 C5 D5 E5 F5 identified *The priorities listed under columns B, C, E, and F are specified under title 11 28 CFR Section 35.150 (d). 49 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 3.4.6 Sidewalk Barrier Descriptions Category 1: Category 3: • Sidewalk condition is poor with cracking, spalding, heaving, or other • Cross slope of crosswalk is between 2.1 percent and three percent. condition. • Sidewalk condition is average with minor defects and wear. • The sidewalk width is less than 48 inches due to fixed and/or movable o The sidewalk has vertical changes of level that exceed a half-inch but are obstacles. less than one inch. • Running slope of crosswalk is greater than five percent. 0 Detectable warning surface placement at rail crossing is greater than six feet and less than 15 feet. • Cross slope of crosswalk is greater than four percent. • The sidewalk cross slope exceeds 2.4 percent but is less than four • A detectable warning surface is not provided at railroad crossing. percent. • Railroad flangeway gap is greater than three inches. a The sidewalk has overhanging or protruding objects along its route. Category 2: • The sidewalk has horizontal openings greater than a half-inch wide • The facility is located along an arterial roadway and: and/or openings parallel to the path of travel. o The sidewalk cross slope exceeds four percent. • The facility is located along a collector roadway and: o The sidewalk cross slope exceeds four percent. o Cross slope of crosswalk is between 3.1 percent and four percent. o Cross slope of crosswalk is between 3.1 percent and four o Detectable warning surface placement at rail crossing is greater percent than 15 feet. o Detectable warning surface placement at rail crossing is greater o The sidewalk width is less than five feet without a passing space. than 15 feet. o Running slope of sidewalk exceeds grade of road and is greater o The sidewalk width is less than five feet without a passing space. than five percent. o Running slope of sidewalk exceeds grade of road and is greater o The sidewalk cross slope at driveway entries exceeds two percent. than five percent. o The sidewalk has vertical changes of level that exceed a one inch. o The sidewalk cross slope at driveway entries exceeds two percent. o The sidewalk has vertical changes of level that exceed a one- inch. 50 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Category 4: Category 5: • The sidewalk has vertical changes of level that exceed a quarter-inch • No deficiencies identified. or up to a half-inch with a bevel. • The sidewalk surface is not firm and slip resistant. • The sidewalk cross slope exceeds two percent but is less than 2.4 percent. • The facility is located along a neighborhood or local roadway and: o The sidewalk cross slope exceeds four percent. o Cross slope of crosswalk is between 3.1 percent and four percent o Detectable warning surface placement at rail crossing is greater than 15 feet. o The sidewalk width is less than five feet without a passing space. o Running slope of sidewalk exceeds grade of road and is greater than five percent. o The sidewalk cross slope at driveway entries exceeds two percent. o The sidewalk has vertical changes of level that exceed a one inch. 51 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Table 3-8: Sidewalk Barrier Summary Category Priorityof Total •• High Priority 1 61 35 0.1% 1-15 1 C1 763 2.7% 1-15 1 D1 575 2.0% 1-15 1 E1 8 0.0% 1-15 2 B2 10 0.0% 1-15 2 C2 207 0.7% 1-15 Subtotal 1,598 5.6% - Medium Priority 1 F1 1,073 3.8% 1-15 2 D2 93 0.3% 1-15 2 E2 1 0.0% 1-15 2 F2 10 0.0% 1-15 3 B3 309 1.1% 1-15 3 C3 4,198 14.7% 1-15 3 D3 3,622 12.7% 1-15 3 E3 66 0.2% 1-15 Subtotal 9,372 32.8% - 52 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Category Priority Instances Percent of Total Schedule Year Low Priority 3 F3 5,318 18.6% 1-15 4 B4 223 0.8% 1-15 4 C4 2,966 10.4% 1-15 4 D4 2,729 9.6% 1-15 4 E4 48 0.2% 1-15 4 F4 5,511 19.3% 1-15 Subtotal 16,789 58.8% No Deficiencies 5 B5 37 0.1% - 5 C5 330 1.2% - 5 D5 183 0.6% - 5 E5 11 0.0% - 5 F5 221 0.8% - Subtotal 782 2.7% - Total for All Projects 28,541 100.0% - 53 City of Tigard I ADA Self-Evaluation and Transition Plan —Final Plan November 2019 This page intentionally left blank. 54 t 1 - Of 4b LTIGARD - - • � � • • ':♦M �\ �f• 211 ==-----------�-------'� • • • • • • a • ~ �_� \ A _ d • Tigard ADA Self-Evaluation & Transition Plan a+ ! • �»+ Sidewalk Barrier Removal Projects: •�f ;s „ 1 '� . • • . • High Priority =1'/ s ' • • • 4WWalnut Sj~ • • 1• y' • ' - V•' • • • •• �i i r • •• i % �••• �• • • 211 • • • .• r - �— -� 1 ! ! ' �• Barrier Removal Rank i ! ! - ! • • • • • • High Priority I ' L -- -- ;-rCJ S • • • - ---� -- — --I • • • • S f a r e V • • • SW McDonald St • -, •� • t 0: • • • • •��I�Bo n a Rd• ♦ A ' Fl I 99W I I C., ` I " �'II r --------------------------- • m� i ! — , = W • ; Context i i• �•` � I I / •• � '~ �{= • moi • � I • • Street - -- --� ✓ �, I • •' • ��«r•` •�•• • ~ Railroad • .� i:— --:—-- - — % 0048;: �• •# Water Feature `•1�•r Durham Rd • -- -- _ • _. Park t.., • • • •••ft; <°✓� :I ! i City Limits ----- ® June 2019 Miles 0 0.25 0.5 This page intentionally left blank. l !� i• for ! • • •t• 211 -------?�— psi• •! • ••• � • •• • • • roe •�, tea• Tigard ADA Self-Evaluation & Transition Plan • s 99W r , • ;j ''•+r. ', Sidewalk Barrier Removal Projects: Aft �+ •�• Medium Priority if • "WalnulrS • • • ; • a i /ryy^ I i - • , Sep • 211 • • i • i 7700 Barrier Barrier Removal Rank •,�' �.• 1 • I • Ar• j • ! r' -- !;l _ � ) �• � • f •`• 1 • •� t • Medium Priority \ I • • • r• • w • •• • • ow 0 •� • • • f • • �` • A • = rd 0 40 McDon d St % Ir ONO � N i Ir- — • • • / • • W j � i !• � ~I � + � ••= 99W �� � ••�••• � • i •+ — ---------------------------i �_ �.`_,,�, "?----�• 7 � •• • �• � W •� Context i i--------, � ��•� ♦ • ! i ""�Mr► •�•.����I�"" -: �w' •.• i Street - ------ i�..� we 00"Mft Ob L % • i Railroad ------ •� M Rd, • _ Water Feature Park go U_ t • ••• •• City Limits ------- . -J June 2019 Miles 0 0.25 0.5 This page intentionally left blank. r -71 �. • i tri. -i I I "►i tV T I GARD 00 ��+ ., •• • 211 � � _------------- • - � . 7 N I •� a . . Tigard ADA Self-Evaluation & Transition Plan • Sidewalk Barrier Removal Projects: ri . • • ' j • • • • , Low Priority and No Deficiencies SW Walnut S `` • w I �.• i- • 111 j �, • Li I' ;-j -, .• r " % • ,.. r I Barrier Removal Rank I • • r• �' No Deficiencies Identified r' Low Priority I I y c _9 mew I i ! ,,I • r • �• SSW Bona Rd 447III I• i ! ! i i 99W •• �_ p• _. `! r i r , -- . • W t i Context 0.� w •4DI • j •• • �• Of 4b i s. 1 Street SAW 00 _ • • • Railroad % I:-- —,---- -- — i - 4 SDurham : • _• ' • 0 Water Feature s �---------,-- - •� � �, � • R °� _ Park �.., • ,• 0 • -1 — — i City Limits I I t------ © June2019 Miles 0 0.25 0.5 This page intentionally left blank. City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 Table 3-9: Pedestrian Signal Geospatial Proximity Priority Matrix A B C D E F Location of Citizen Location Serving Location Serving Location Serving Location Serving Priorities Priority Complaint or Government Transportation/High High Use Commercial Location Serving (Category) Description Request(ADA Offices&Public Use Pedestrian Pedestrian Districts, Other Areas Title II Program Facilities Corridor Corridor Employers Access) See 1 Category 1 Al B1 C1 D1 E1 F1 Description Hil?h Priority - ------------- ------------------------- ---------------------- ----------I Iff See 2 Category A2 B2 C2 D2 E2 F2 Description See 3 Category A3 B3 C3 D3 E3 F3 Description Me diu m Priority -- ----------------------- ----------------------- ------- Pedestrian 4 Signal No A4 B4 C4 D4 E4 F4 Deficiencies *The priorities listed under columns B, C, E, and F are specified under title II 28 CFR Section 35.150 (d). 61 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 3.4.7 Pedestrian Signal Barrier Descriptions Category 1: Category 3: • Accessible pedestrian signa114 is not provided. • Pushbutton is located more than 10 feet from curb, shoulder, or • Pedestrian crossing time is insufficient. pavement. • Pushbutton is farther than five feet from the crosswalk line Category 2: farthest from the intersection (when applicable). • The facility is located along an arterial or collector roadway and: . pushbutton height is not within 42 to 48 inches above the o Level clear space at push button not provided. o Reach to push button from clear space is obstructed. ground. o Operating force of pushbutton exceeds five pounds of force. • Pushbutton and arrow are not parallel with the direction of o The pushbutton does not have a sign adjacent to or integral with travel. the pushbutton. • Distance between two pushbuttons on the same corner is less o Pushbutton sign does not clearly indicate which crosswalk signal is than 10 feet. actuated. • The facility is located along a neighborhood or local roadway o Pushbutton pilot light(if applicable)does not activate. and: o A locator tone is not provided. o Level clear space at push button not provided. o A tactile arrow is not provided or does not provide vibrotactile walk o Reach to push button from clear space is obstructed. indications. o Pushbutton locator tone activates at incorrect time. o Operating force of pushbutton exceeds five pounds of force. o Pushbutton locator tone duration and intensity needs adjustment. o The pushbutton does not have a sign adjacent to or integral o Audible features of accessible pedestrian signal needs adjustment. with the pushbutton. o Speech walk or wait message of accessible pedestrian signal needs o Pushbutton sign does not clearly indicate which crosswalk adjustment. signal is actuated. o Extended pushbutton feature needs adjustment. o Pushbutton pilot light(if applicable) does not activate. o A locator tone is not provided. o A tactile arrow is not provided or does not provide vibrotactile walk indications. 6a As defined by the Manual on Uniform Traffic Control Devices,which required audible and vibrotactile features. 62 City of Tigard I ADA Self-Evaluation and Transition Plan —Final Plan November 2019 Category 3 (continued): Category 4: o Pushbutton locator tone activates at incorrect time. • No deficiency identified o Pushbutton locator tone duration and intensity needs adjustment. o Audible features of accessible pedestrian signal needs adjustment. o Speech walk or wait message of accessible pedestrian signal needs adjustment. o Extended pushbutton feature needs adjustment. 63 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 Table 3-10: Pedestrian Signal Barrier Summary Category 1 Category . of . Schedule High Priority 1 131 4 2.6% 1-5 1 C1 124 81.6% 1-15 1 D1 24 15.8% 1-15 Subtotal 152 100.0% - Total for All Projects 152 100.0% - Table 3-11 describes the subset of information collected for each of the pedestrian signals. The category 2 attributes are identified in the Manual of Uniform Traffic Control Devices as a standard and the category 3 attributes are identified as guidance. Table 3-11: Pedestrian Signal Barrier Summary Category 2 and Category 3 Category Priority Instances Percent of Total Schedule Year Category 2 2 132 3 2.0% 1-15 2 C2 104 68.4% 1-15 2 D2 21 13.8% 1-15 Subtotal 128 84.2% - Category 3 3 B3 1 0.7% 1-15 3 C3 20 13.2% 1-15 3 D3 3 2.0% 1-15 Subtotal 24 15.8% Total for All Projects 152 100.0% - 64 , 4 � ; s, I , � 211 i __—__—__J • *TIGARD d , f a Tigard ADA Self-Evaluation & Transition Plan Pedestrian Signal Barrier f Removal Projects SW.Walnut St �^ I i---� • 211 Barrier Removal Rank High Priority --- -----------I SW Gaarde St SW McDonald St SW Bonita Rd • , --------------------------- i I —' i ► — , W Context j Street j L_t Railroad SW Durham R d �` Water Feature I:----,--------- -- `_• • � � __. , %I = Park �.., �•� -;J i City Limits ijj ;= _ • " - — ' 1 r © 0 June 2019 f Miles 0 0.25 0.5 This page intentionally left blank. City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 3.5 Barrier Removal Considerations for Plan Implementation Title II of the ADA requires a public entity to "operate each service, program or activity so that the service, program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities."65 This requirement does not: • necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities; • require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or • require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or impose undue financial and administrative burdens. The responsibility for ensuring barrier removal will reside with the City's ADA Coordinator. This process will be accomplished with two strategies: policy and procedure modifications to remove programmatic barriers, and maintenance and construction projects to remove structural barriers. Two conditions that determine when barriers must be removed:to provide access to programs, activities, and services, and when a facility is altered. 3.5.1 Program Accessibility A state or local government's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. People with disabilities cannot be excluded due to the inaccessibility of a public entity's facilities. This standard, known as program accessibility, applies to facilities of a public entity that existed on January 26, 1992. Public entities do not necessarily have to make each of their existing facilities accessible, and structural changes to existing facilities may not be required where other methods are effective in achieving program access. As mandated by title II of the ADA, this Transition Plan presents a schedule for removing facility barriers to accessing the City's programs, activities, and services. 3.5.2 Facility Alterations Although structural changes may not be mandated for program accessibility, the City is required to remove physical barriers when it alters a facility. Alterations are defined in the ADA standards as a change in a building or facility that affects or could affect its usability. Many types of projects are considered alterations, including remodeling, renovation, rehabilitation, reconstruction, restoration, resurfacing of circulation paths or vehicular ways, and changes or rearrangement of structural parts, elements, or walls. Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not considered alterations unless they affect a facility's usability. For example, a project limited to an HVAC system that 6s DOJ,Title II Regulations Subpart D§ 35.150 Existing facilities 67 City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 includes the addition of thermostats would affect a facility's usability because it involves elements such as operable parts that are covered by the standards. The standards ensure that the opportunities for accessibility presented by an alteration are taken. How and to what extent the standards apply is determined by the scope of a project and the elements and spaces altered. Only those elements or spaces altered are required to comply, but alterations made to areas containing a primary function, that is, a major activity for which a facility is intended, also require an accessible path of travel. Path of travel elements are restrooms, doors, telephones, drinking fountains, the route itself, and several other items. The City is not required to remove barriers identified within a City-owned facility as part of the Transition Plan: • where programmatic modifications can be made to provide an equivalent experience, • where there are nearby and available equivalent accessible features, • where there are no public programs or activities provided at that portion of the site, or • when safe harbor 66 conditions are met. It is also possible that an alteration is technically infeasible, in which case compliance is not required. Technical infeasibility refers to "something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load- bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements.1167 Where technical infeasibility is encountered, compliance is still required to the maximum extent technically feasible.68 For example, if providing accessibility for people with one type of disability is not feasible, accessibility must still be provided for people with other types of disabilities to the maximum extent feasible. 66 The concept of safe harbor is explained later in this chapter under'Safe Harbor Provisions' 67 2010 ADA Standards, 106.5 68 2010 ADA Standards, 202.3 68 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 3.5.3 Public Right-of-Way Alterations and New Construction In an alteration or new construction project in the public right-of-way, the City must incorporate ADA accessibility standards to the maximum extent feasible.69 As part of the Plan's implementation,the City Engineering Division should document all design exceptions. The ADA title II toolkit incorporates the following guidance about sidewalks and curb ramps:70 • When pre-ADA streets or sidewalks are altered, space limitations may restrict the ability to install accessible curb ramps. In these cases, the installed curb ramps must comply with the ADA to the maximum extent feasible, but there are still requirements to meet. • In rare instances when it is technically infeasible to install a fully compliant curb ramp during alterations to pre-ADA roadways and walkways because of physical or site constraints, state and local governments must still provide accessibility to the maximum extent feasible. Before reaching a conclusion about technical infeasibility, public entities should consider the extent to which physical or site constraints can be addressed by alternative curb ramp designs. The burden of proving technical infeasibility lies with the state or local government that constructed it. • When highways, streets, and roads are built or altered post-ADA, they must have curb ramps at certain locations: wherever there are curbs or other barriers to entry from a pedestrian walkway or sidewalk, wherever there are curbs or other barriers to entry at any designated pedestrian crosswalks that are located mid-block, wherever sidewalks or walkways intersect with highways, streets, or roads and pedestrians may legally cross the vehicular way, and at public transportation stops. • For pre-ADA highways, streets, roads, and sidewalks that have not been altered, public entities may choose to construct curb ramps at every point where a pedestrian walkway intersects a curb, but they are not necessarily required to do so. Alternative routes to buildings may be acceptable where people with disabilities must travel only a marginally longer route than the general public. 69 DOJ,Title II Regulations Subpart D §35.151(b) Existing facilities 70 See https://www.ada.gov/pcatoolkit/chap6tooIkit.htm. 69 City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 3.5.4 Safe Harbor Provisions The 2010 Standards introduced the concept of safe harbor, a new exception that allows facilities built prior to March 15, 2012 that were in compliance with the 1991 ADA Standards to remain as-is until a public entity plans an alteration to the structural feature. For example, the 1991 Standards allowed 54 inches maximum for a side reach range, while the 2010 Standards lowered the side reach range to 48 inches maximum. Existing items, built prior to March 15, 2012, that are positioned at the 54-inch height would fall under the safe harbor provision until the time of planned alterations.71 This safe harbor is not a blanket exemption for facilities. If a public entity undertakes an alteration to a primary function area, only the required elements of a path of travel to that area that already comply with the 1991 Standards are subject to the safe harbor. If a public entity undertakes an alteration to a primary function area and the required elements of a path of travel to the altered area do not comply with the 1991 Standards, then the public entity must bring those elements into compliance with the 2010 Standards.I This exception applies to elements that might otherwise have to be modified under: • the program access requirement for public entities, • the readily achievable barrier removal requirements for places of public accommodation, or • the path of travel requirement for any alteration that affects the usability of a primary function area in any covered facility. If a public entity constructed or altered required elements of a path of travel in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standards before March 15, 2012, the public entity is not required to retrofit such elements to reflect incremental changes in the 2010 Standards solely because of an alteration to a primary function area served by that path of travel.73 The 2010 Standards also identity structural elements that do not fall under the safe harbor provision.74 The following elements are not eligible for element-by-element safe harbor 71 DOJ,Title II Regulations Subpart D§ 35.150(b)(2)(i) Safe harbor 72 DOJ,Title II Regulations Subpart D§ 35.151(b)(4)(ii)(C) Path of travel--safe harbor 73 DOJ,Title II Regulations Subpart D§ 35.150(b)(2)(ii) Safe Harbor 74 DOJ,Title II Regulations Subpart D§ 35.150(b)(2)(ii)Safe Harbor 70 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 because technical or scoping specifications for them were not addressed in the 1991 ADA but were added as supplemental requirements prior to 2010: • Residential facilities dwelling units, sections 233 and 809. • Amusement rides, sections 234 and 1002; 206.2.9; 216.12. • Recreational boating facilities, sections 235 and 1003; 206.2.10. • Exercise machines and equipment, sections 236 and 1004; 206.2.13. • Fishing piers and platforms, sections 237 and 1005; 206.2.14. • Golf facilities, sections 238 and 1006; 206.2.15. • Miniature golf facilities, sections 239 and 1007; 206.2.16. • Play areas, sections 240 and 1008; 206.2.17. • Saunas and steam rooms, sections 241 and 612. • Swimming pools, wading pools, and spas, sections 242 and 1009 • Shooting facilities with firing positions, sections 243 and 1010. • Miscellaneous: o Team or player seating (section 221.2.1.4), o Accessible route to bowling lanes (section. 206.2.11), and o Accessible route in court sports facilities (section 206.2.12). Pedestrian signals are not included in the 1991 or 2010 ADA Standards, but are addressed in the 2011 PROWAG and the previous draft documents from 2005 and 2002. Unlike the safe harbor concept contained within the 2010 ADA Standards, the proposed guidelines do not require modifications to existing pedestrian signals until the signal controller and software are altered, or the signal head is replaced.75. 3.5.5 Undue Burden The City is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of its services, programs, or activities; would create a hazardous condition resulting in a direct threat to a program participant or others; or would represent an undue financial and administrative burden. A determination of undue financial or administrative burden can only be made under specified circumstances and procedures and carries with it the obligation of taking other actions that would ensure, to the maximum extent possible, that individuals with disabilities receive the benefits and services of the program or activity. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied 75 United States Access Board, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, 2011—R209.2 Alterations 71 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or services provided by the public entity.76 76 DOJ,Title II Regulations Subpart D§ 35.150(a)(3) General 72 City of Tigard I ADA Self-Evaluation and Transition Plan —Final Plan November 2019 4 ADA Coordinator, Notice Policy, and Grievance Procedure 4.1 ADA Coordinator Roles and Responsibilities The ADA Coordinator is responsible for organizing and communicating the City's efforts to comply with and fulfill its responsibilities under title II of the ADA, as well as all other applicable state and federal laws. The ADA Coordinator's responsibilities also include investigating complaints that the City has engaged in any action prohibited by title II. At the time of the preparation of this Plan, the City's designated ADA Coordinator is Nadine Robinson. The City will continue to provide the name, office address, and telephone number of its ADA Coordinator to interested persons. 4.2 Notice Under the Americans with Disabilities Act In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Tigard, Oregon, will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment:The City of Tigard does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the Americans with Disabilities Act (ADA). Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in City programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures:The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the person or department who scheduled the event as soon as possible but no later than 48 hours before the scheduled event. In the event the person is unavailable, please contact Nadine Robinson, ADA Coordinator, at 503-718-2481 or Nadine@tgard-or.gov. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. 73 City of Tigard I ADA Self-Evaluation and Transition Plan — Final Plan November 2019 Complaints that a City program, service, or activity is not accessible to persons with disabilities should be directed to: Nadine Robinson, ADA Coordinator 13125 SW Hall Blvd., Tigard, Oregon 97223 503-718-2481 Voice 1 503-684-2772 TTY Email — NadineCc@tigard-or.gov The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. 4.3 ADA Grievance Procedure The City of Tigard has adopted a grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Complaints should be addressed to: Nadine Robinson, ADA Coordinator, City of Tigard, 13125 SW Hall Blvd., Tigard, Oregon, 97223, (Phone 503-718-2481 or TTY 503-684-2772) who has been designated to coordinate ADA compliance efforts. 2. A complaint regarding access or discrimination should be filed in writing or verbally. It must contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. 3. A complaint should be filed within thirty days after the complainant becomes aware of the alleged violation. 4. An investigation, as may be appropriate, shall follow a filing of a complaint. The ADA Coordinator or designee shall conduct the investigation. This procedure anticipates informal but thorough investigations, affording all interested persons and their representative, if any, an opportunity to submit evidence relevant to the complaint. 5. The ADA Coordinator shall issue a written determination as to the validity of the complaint and a description of the resolution, if any, within 30 calendar days. 6. If the complaint cannot be resolved to the satisfaction of the complainant by the ADA Coordinator, it shall be forwarded to the Hearings Officer. The City will retain the services of a Hearings Officer. The Hearings Officer shall establish ground rules or procedures for hearing complaints, requests, or suggestions from disabled persons regarding access to and participation in public facilities, services, activities, and functions in the City. The Hearings Officer shall hear complaints in sessions open to the public, after adequate notice, in an unbiased, objective manner, and issue a written decision within 30 calendar days of notification. 74 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 7. If the complaint can't be resolved to the satisfaction of the Complainant by the Hearings Officer, it shall be forwarded to the City Council. The Council at a public meeting shall hear the complaint. A determination shall be made within 30 calendar days from the date of the hearing. The decision of the City Council is final. 8. The ADA Coordinator shall maintain the files and records of the City of Tigard relating to the complaints filed. 9. The right of a person to a prompt and equitable resolution of the complaint filed, hereunder, shall not be impaired by the person's pursuit of other remedies, such as the filing of an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies. 10. These rules shall be construed to protect the substantive rights of interested persons to meet the appropriate due process standards, and to assure that the City of Tigard complies with the ADA and implementing regulations. 11. Timelines referred to above concerning the scheduling of hearings may be extended if, after reasonable effort and justification, the hearing cannot be conducted within the 30- calendar day limitation period. 12. All decisions shall be sent by regular mail to the complainant within 30 calendar days of the date of the hearing and shall be retained in the program file. Phone notification shall also be made in cases involving visually impaired individuals. 13. The ADA Coordinator may modify this grievance and appeal process in order to assure equal access to programs, services and activities for people with disabilities. 14. Nothing in this grievance process is meant to be used for any personnel, EEO, or labor agreement grievance procedure for the City of Tigard. Contact the City Human Resources Department for further information regarding Title I grievances. 75 City of Tigard I ADA Self-Evaluation and Transition Plan —Final Plan November 2019 This page intentionally left blank. 76 City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 5 Definitions and Acronyms The following is a summary of many definitions found in the ADA. Please refer to the ADA for the full text of definitions and explanations." 5.1 List of Definitions Accessible. A site, building, facility or portion thereof is deemed accessible when it is approachable and usable by persons with disabilities in compliance with technical standards adopted by the relevant Administrative Authority. Administrative Authority. A governmental agency that adopts or enforces regulations and guidelines for the design, construction, or alteration of buildings and facilities. ADA Coordinator. The individual responsible for coordinating the efforts of the government entity to comply with title II and investigating any complaints that the entity has violated title ll. Also known as Disability Access Manager or Accessibility Manager. Alteration in the Public Right-of-Way. A change to an existing facility that affects or could affect pedestrian access, circulation, or use. Alterations include, but are not limited to, resurfacing, rehabilitation, reconstruction, historic restoration, or changes or rearrangement of structural parts or elements of a facility. Alternative Text. Refers to the text equivalent for an image appearing in an online document. It is read by screen readers in place of the image so that the content and function of the image is accessible to people with visual or certain cognitive disabilities. Auxiliary Aids and Services. Refers to ways to communicate with people who have communication disabilities such as blindness, vision loss, deafness, hearing loss, a combination of vision and hearing loss or speech or language disorders. The key to deciding what aid or service is needed to communicate effectively with people with disabilities and their companions is to consider the nature, length, complexity and context of the communication as well as the person's normal method(s) of communication. Auxiliary aids and services include the use of interpreters, notetakers, readers, assistive listening systems, captioning and TTYs or the provision of alternate formats such as braille, ASCII text, large print, recorded audio and electronic formats like CDs and DVDs. Blended Transition. A raised pedestrian street crossings, depressed corners, or similar connections between the pedestrian access route at the level of the sidewalk and the level of the pedestrian street crossing that have a grade of five percent or less. "28 C.F.R. § 35.104 Definitions. 77 City of Tigard I ADA Self-Evaluation and Transition Plan — Final Plan November 2019 Clear Ground Space. The minimum unobstructed ground space required to accommodate a single, stationary wheelchair and occupant. Clear ground space provides a location for a wheelchair user to approach and make use of an element. Complaint. A complaint is a claimed violation of the ADA. Cross Slope. The grade that is perpendicular to the direction of pedestrian travel. On a sidewalk, cross slope is measured perpendicular to the curb line or edge of the street or highway. Curb Line. A line at the face of the curb that marks the transition between the curb and the gutter, street, or highway. Curb Ramp. A ramp that cuts through or is built up to the curb. Curb ramps can be perpendicular or parallel, or a combination of parallel and perpendicular ramps. Disability. The term disability means, with respect to an individual: 1. A physical or mental impairment that substantially limits one or more of the major life activities of such individual; 2. A record of such impairment; or 3. Being regarded as having a disability or such impairment. Discrimination on the Basis of Disability. Discrimination on the basis of disability means to: • Limit, segregate, or classify a citizen in a way that may adversely affect opportunities or status because of the person's disability; • Limit, segregate, or classify a participant in a program or activity offered to the public in a way that may adversely affect opportunities or status because of the participant's disability; • Participate in a contract that could subject a qualified citizen with a disability to discrimination; • Use any standards, criteria, or methods of administration that have the effect of discriminating on the basis of disability; • Deny equal benefits because of a disability; • Fail to make reasonable modifications to known physical or mental limitations of an otherwise qualified individual with a disability unless it can be shown that the modification would impose an undue burden on the City's operations; • Use selection criteria that exclude otherwise qualified people with disabilities from participating in the programs or activities offered to the public; and • Fail to use tests, including eligibility tests, in a manner that ensures that the test results 78 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 accurately reflect the qualified applicant's skills or aptitude to participate in a program or activity. Effective Communication. Communication with people who have vision, hearing and/or speech disabilities that is equally effective as communication with people without disabilities. Element. An architectural or mechanical component of a building, facility, space, site, or public right-of-way. Facility. All or any portion of buildings, structures, improvements, elements, and pedestrian or vehicular routes located in the public right-of-way. Fundamental Alteration. A modification that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered. If a public entity can demonstrate that the modification would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification. If a public accommodation (private entity) can demonstrate that a modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations it provides, it is not required to make the modification. Grade. The degree of inclination of a surface. See Slope. In public right-of-way, grade is the slope parallel to the direction of pedestrian travel. Grade Break. The line where two surface planes with different grades meet. Having a Record of Impairment. An individual is disabled if he or she has a history of having an impairment that substantially limits the performance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such impairment. International Symbol of Accessibility (ISA). The ISA is recognized worldwide as a symbol identifying accessible elements and spaces. Standards issued under the ADA and ABA Standards reference and reproduce the ISA to ensure consistency in the designation of accessible elements and spaces. Uniform iconography promotes legibility, especially for people with low vision or cognitive disabilities. Guidance on use of the ISA under the ADA is available at https://www.access-board.gov/attachments/article/1898/ISA- guidance.pdf. Maintenance. Routine or periodic repair of all pedestrian facilities to restore them to the standards to which they were originally designed and built. Maintenance does not change the original purpose, intent, or design of public sidewalks, shared-use paths, curb ramps, crosswalks, pedestrian islands, or other public walkways. Operable Part. A component of an element used to insert or withdraw objects, or to activate, deactivate, or adjust the element. The technical requirements for operable parts apply to 79 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 operable parts on accessible pedestrian signals and pedestrian pushbuttons and parking meters and parking pay stations that serve accessible parking spaces. Other Power-Driven Mobility Device (OPDMD). Any mobility device powered by batteries, fuel, or other engines that is used by individuals with mobility disabilities for locomotion and designed to operate in areas without defined pedestrian routes. Path of Travel. A path of travel is a continuous, unobstructed way of pedestrian passage by means of which a newly constructed or altered area may be approached, entered and exited and which connects an area with an exterior approach (including sidewalks, streets and parking areas), an entrance to the facility and other parts of a facility. An accessible path of travel may consist of walks and sidewalks, curb ramps and other interior or exterior pedestrian ramps; clear floor paths through lobbies, corridors, rooms and other improved areas; parking access aisles; elevators and lifts; or a combination of these elements. Within the context of alterations, path of travel also includes restrooms, telephones, and drinking fountains serving the altered area. Pedestrian Access Route. A continuous and unobstructed path of travel provided for pedestrians with disabilities within or coinciding with a pedestrian circulation path in the public right-of-way. Pedestrian Circulation Path. A prepared exterior or interior surface provided for pedestrian travel in the public right-of-way Physical or Mental Impairments. Physical or mental impairments may include, but are not limited to, vision, speech and hearing impairments; emotional disturbance and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor disabilities; learning disabilities; diabetes; heart disease; nervous conditions; cancer; asthma; Hepatitis B; HIV infection (HIV condition); and drug addiction, if the addict has successfully completed or is participating in a rehabilitation program and no longer uses illegal drugs. The following conditions are not physical or mental impairments: transvestitism; illegal drug use; homosexuality or bisexuality; compulsive gambling; kleptomania; pyromania; pedophilia; exhibitionism; voyeurism; pregnancy; height; weight; eye color; hair color; left-handedness; poverty; lack of education; a prison record; and poor judgment or quick temper, if not symptoms of a mental or physiological disorder. Practicable. Capable of being put into practice or being accomplished within the context of the facility and within the limits of the applicable ABA Conditions for Exception, 1019. Feasible. Primary Function. A major activity for which a facility is intended. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public entity using a facility are carried out. 80 City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 Program Accessibility. A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. Public Entity. Any state or local government; any department, agency, special-purpose district, or other instrumentality of a state or local government. Public Right-of-Way. Public land or property, usually in interconnected corridors, that is acquired for or dedicated to transportation purposes. Qualified Historic Facility. A facility that is listed in or eligible for listing in the National Register of Historic Places, or designated as historic under an appropriate state or local law. Qualified Individual with a Disability. A qualified individual with a disability means an individual with a disability who, with or without reasonable modification to rules, policies, or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City. Reasonable Modification. A public entity must modify its policies, practice or procedures to avoid discrimination unless the modification would fundamentally alter the nature of its service, program or activity. Regarded as Having a Disability. An individual is disabled if she or he is treated or perceived as having an impairment that substantially limits major life activities, although no such impairment exists. Running Slope. The grade that is parallel to the direction of pedestrian travel. Scoping. Requirements that specify what features are required to be accessible and, where multiple features of the same type are provided, how many of the features are required to be accessible. Service Animal. Service animals are dogs (and in certain circumstances, miniature horses) that are individually trained to perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post-Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. Guidance on the use of the term service animal in the 2010 Standards is published online at https://www.ada.gov/service animals_2010.htm. Title II regulations now include assessment factors to assist public entities in determining whether miniature horses can be accommodated as service animals in their facilities: 81 City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 1. whether the miniature horse is housebroken; 2. whether the miniature horse is under the owner's control; 3. whether the facility can accommodate the miniature horse's type, size and weight; 4. whether the miniature horse's presence will not compromise legitimate safety requirements necessary for safe operation of the facility. Slope. Ground surface that forms a natural or artificial incline. Slope is typically conveyed as either a percentage or a ratio that represent the change in elevation between two points of an incline divided by the horizontal distance between the two points. • Cross Slope. The slope that is perpendicular to the direction of travel. • Running Slope. The slope that is parallel to the direction of travel Substantial Limitations of Major Life Activities. An individual is disabled if she or he has a physical or mental impairment that (a) renders her or him unable to perform a major life activity, or (b) substantially limits the condition, manner or duration under which she or he can perform a particular major life activity in comparison to other people. Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. In determining whether physical or mental impairment substantially limits the condition, manner or duration under which an individual can perform a particular major life activity in comparison to other people, the following factors shall be considered: • The nature and severity of the impairment; • The duration or expected duration of the impairment; and • The permanent or long-term impact (or expected impact) of or resulting from the impairment. Technical Standards. Specify the design criteria for accessible features, including the specific numbers, conditions, and measurements that are required. Technically Infeasible. With respect to an alteration of a building or a facility, something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features that are in full and strict compliance with the minimum requirements. Telecommunications Display Device (TDD). A telecommunications display device for the deaf (TDD) is an electronic device for text communication via a telephone line, used when one or more of the parties has hearing or speech difficulties. Other names for TDD include TTY. Telecommunications Relay Service (TRS) or 711. The free, nationwide telecommunications relay service, reached by calling 711, uses communications assistants who serve as 82 City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 intermediaries between people who have hearing or speech disabilities who use a text telephone (TTY) or text messaging and people who use standard voice telephones. The communications assistant tells the telephone user what the other party is typing and types to tell the other party what the telephone user is saying. TRS also provides speech-to-speech transliteration for callers who have speech disabilities. Text Telephone (TTY). Teletypewriters or text telephones have a keyboard and a visual display for exchanging written messages over the telephone. The ADA established a free, nationwide relay network to handle voice-to-TTY and TTY-to-voice calls, which is reached by calling 711. TTY is a more general term for teletypes but is often referred to as TDD. Vertical Surface Discontinuities. Vertical differences in level between two adjacent surfaces. Video Relay Service (VRS). Video relay service (VRS) is a free, subscriber-based service for people who use sign language and have videophones, smart phones, or computers with video communication capabilities. For outgoing calls, the subscriber contacts the VRS interpreter, who places the call and serves as an intermediary between the subscriber and a person who uses a standard voice telephone. The interpreter tells the telephone user what the subscriber is signing and signs to the subscriber what the telephone user is saying. Wheeled Mobility Device. A manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. Also referred to as a manual wheelchair, a power wheelchair, or an electric scooter. 83 City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 5.2 List of Acronyms ABA—Architectural Barriers Act ADA—Americans with Disabilities Act ADAAG —ADA Accessibility Guidelines ASL—American Sign Language CFR— Code of Federal Regulations DOJ — U.S. Department of Justice ISA— International Symbol of Accessibility MUTCD —Manual on Uniform Traffic Control Devices OPDMD —Other Power-Driven Mobility Device PROWAG — Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way TDD —Telecommunications Display Device TRS —Telephone Relay Service or 711 TTY—Text Telephone VRI —Video Remote Interpreting Services VRS—Video Relay Service 84 City of Tigard I ADA Self-Evaluation and Transition Plan– Final Plan November 2019 6 Resources 6.1 Oregon and National Organizations Supporting People with Disabilities Access Recreation Access Recreation is a Portland, Oregon ad hoc committee that developed guidelines for minimum information that should be provided about hiking trails and outdoor facilities to benefit hikers with disabilities, and which can be applied to websites, printed materials, and at trail sites. The committee is made up of representatives from federal, state, and local park agencies and organizations that support people with disabilities. http://accessrecreation.org/home/Access_Recreation Home.html Adaptive Sports Northwest Adaptive Sports Northwest provides adaptive sports and recreation opportunities to those in Oregon and southwest Washington, and seeks to tap the potential of possibility in each participant. The organization has partnerships with the United States Paralympic Committee, Wheelchair & Ambulatory Sports USA, and Disabled Sports USA. http://www.adaptivesportsnw.org/ Aging and Disability Resource Connection of Oregon (ADRC) ADRC is a statewide resource providing information about local public and privately paid services to address aging or disability needs. The organization's trained professional staff can help with immediate needs or planning for the future. https://adreoforegon.org The Arc The Arc (formerly Association for Retarded Citizens of the United States) is the country's largest voluntary organization committed to the welfare of all children and adults with mental retardation and their families. http://www.thearc.org American Association of People with Disabilities The American Association of People with Disabilities is the largest nonprofit, nonpartisan, cross- disability organization in the United States. http://www.aapd.com/ American Foundation for the Blind(AFB) AFB is committed to improving accessibility in all aspects of life—from cell phones to ATMs, on web sites, and in workplaces. Services include assistance in making products and services accessible to people with visual impairments. AFB offers expert consulting services and accessible media production. AFB provides objective product evaluations of adaptive 85 City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 technologies through its assistive technology product database. http://www.afb.org/ Autism Society of Oregon This affiliate of the Autism Society, the nation's leading grassroots autism organization, exists to improve the lives of all affected by autism by increasing public awareness about the day-to-day issues faced by people on the spectrum, advocating for appropriate services for individuals across the lifespan, and providing the latest information regarding treatment, education, research, and advocacy. http://autismsocietyoregon.org/ Center on Technology and Disability Funded by the U.S. Department of Education's Office of Special Education Programs, the Center on Technology and Disability provides a wide range of resources on assistive technology, from introductory fact sheets and training materials to in-depth discussion of best practices and emerging research. http://www.ctdinstitute.org/' Disability Resources, Inc. (DRI) DRI is a national nonprofit organization that provides information about resources for independent living. DRI maintains an on-line directory of assistive technology resources. http://www.disabilityresources.org/ Disability Rights Oregon (DRO) DRO promotes and defends the rights of individuals with disabilities. DRO is a non-profit law office that provides advocacy and legal services to people with disabilities who have an issue related to their disability and that falls within their goals and priorities. Each year DRO sets its goals and priorities, with help from the disability community, to guide the work they do and to further their mission and vision. https://droregon.org/ Institute for Human Centered Design The Institute (formerly known as Adaptive Environments) is a non-profit organization committed to advancing the role of design in expanding opportunity and enhancing experience for people of all ages and abilities. The organization provides education and consultation to public and private entities about strategies, precedents and best practices that go beyond legal requirements for human centered design for places, things, communication and policy that integrate solutions with the reality of human diversity. ham://humancentereddesign.org/ National Association of the Deaf(NAD) NAD is a national consumer organization representing people who are deaf and hard of hearing. NAD provides information about standards for American Sign Language Interpreters 86 City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 and the Captioned Media Program on its website. http://www.nad.org/ National Council on Disability(NCD) NCD is an independent federal agency charged with advising the President, Congress, and other federal agencies regarding policies, programs, practices, and procedures that affect people with disabilities. https://ricd.gov/ National Federation of the Blind(NFB) NFB is a national organization advocating on behalf of persons who are blind or have low vision. NFB provides on-line resources for technology for the blind, including a technology resource list, a computer resource list, screen access technology, sources of large print software for computers, and sources of closed-circuit TV (CCTV). http://www.ntb.org/ National Organization on Disability National Organization on Disability promotes the full and equal participation and contribution of America's 54 million men, women and children with disabilities in all aspects of life. NOD maintains an on-line directory of information and links including transportation-related resources. http://www.nod.ot�g/ Northwest ADA Center, National Institute on Disability and Rehabilitation Research The ADA National Network Centers are a national platform of ADA professionals and experts charged with assisting businesses, state and local governments, and people with disabilities as they manage the process of changing our culture to be user friendly to disability and the effect the variety of health conditions can have on society. The Northwest ADA Center is a part of the Department of Rehabilitation Medicine at the University of Washington, and collaborates with the Center for Technology and Disability Studies, a program within the Center for Human Development and Disability and the Department of Rehabilitation Medicine. http://nwadacenter.org/ Oregon Disabilities Commission (ODC) Initially formed in 1983 and re-formed in 2005, ODC is a governor-appointed commission housed in the Department of Human Services. The commission is composed of 15 members broadly representative of major public and private agencies that are experienced in or have demonstrated particular interest in the needs of individuals with disabilities. http://www.oregon.gov/DHS/SENIORS-DISABILITIES/ADVISORY/ODC/Pages/index.aspx 87 City of Tigard I ADA Self-Evaluation and Transition Plan —Final Plan November 2019 Oregon Technology Access Program (OTAP) OTAP provides training, information, technical assistance, and resources regarding the uses of technology for children with disabilities. Services are available to anyone concerned with the needs of Oregon's children with disabilities from birth to age 21. The program is sponsored by the Oregon Department of Education. http://www.otap-oregon.org Paralyzed Veterans of America (PVA) PVA is a national advocacy organization representing veterans. PVA's Sports and Recreation Program promotes a range of activities for people with disabilities, with special emphasis on activities that enhance lifetime health and fitness. PVA's website provides information on useful sports publications and a list of contacts. http://www.pva.org State Independent Living Council(SILC) SILC is a federally mandated, governor-appointed body, designed to ensure that people with disabilities have a major role in designing Oregon's Independent Living program services. The Independent Living Services Program is a nonresidential, consumer-directed model of peer support, information and referral, skills training, and advocacy for people with disabilities. http://www.oregon.gov/DHS/SENIORS-DISABILITIES/SILC/pages/index.aspx TVW Inc. TVW helps people with disabilities prepare for, find, attain, and maintain employment to become more self-sufficient and independent. The organization operates a work-place readiness training program that includes vocational training, communication skills in the workplace, interviewing, attire, appropriate language, and more. Career development services include discovery, vocational assessments,job development, and job coaching. http://www.ty-workshop.com/ United Cerebral Palsy Association (UCP) UCP's mission is to advance the independence, productivity and full citizenship of people with cerebral palsy and other disabilities, through a commitment to the principles of independence, inclusion, and self-determination. http://www.ucp.org United Spinal Association United Spinal Association is a membership organization serving individuals with spinal cord injuries or disease. Formerly known as the Eastern Paralyzed Veterans Association, the organization expanded its mission to serve people with spinal cord injuries or disease regardless of their age, gender or veteran status. Information on accessibility training and consulting services and recreational opportunities for people with spinal cord injuries or disease is 88 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 available on their website. http://www.unitedspinal.org World Institute on Disability WID is an international public policy center dedicated to carrying out research on disability issues. WID maintains an online information and resource directory on technology, research, universal design, and ADA. http://www.wid.org/resources/ 6.2 Guidance Documents and Organizations—General A Planning Guide for Making Temporary Events Accessible to People with Disabilities ADA National Network. 2015. https://adata.org/publication/temporary-events-guide AbleData (assistive technology) http://www.abledata.com/abledata.cfm Accessible Public Event Checklist San Francisco, City and County. 2018. http://sfgov.org/mod/accessible-public-event-checklist ASSISTIVETECH.NET-- The National Public Website on Assistive Technology http://www.assistivetech.net/ Disabled Sports USA Challenge Magazine. http://www.disabledsportsusa.org/about/news/challenge-magazine/ Federal Communications Commission (FCC) Telecommunications Access for People with Disabilities. 2017. http://transition.fcc.gov/cgb/consumerfacts/`section255.pdf Telecommunications Relay Service —TRS. 2017. https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs National Center on Accessibility Indiana University, Bloomington. http://www.ncaonline.org/resources/ North Carolina State University: The Center for Universal Design https://Pro*ects.ncsu.edu/ncsu/design/cud/ Pacific ADA Center http://www.adapacific.org/ Planning Accessible Meetings and Events American Bar Association Commission on Disability Rights. 2015. https://www.americanbar.org/content/dam/aba/administrative/mental physical disability/Ac cessible Meetings Tool kit.authcheckdam.pdf 89 City of Tigard I ADA Self-Evaluation and Transition Plan –Final Plan November 2019 Program Access: Beyond Bricks and Mortar National Center on Accessibility. Skulski, Jennifer and Gary Robb. Indiana University, Bloomington. 2006. http://www.ncaonline.org/resources/articles/program-access.shtml TTY and TTY Relay Services National Association of the Deaf(NAD). https://www.nad.org/resources/technology/telephone-and-relay-services/tty-and-tty-relay- services/ What to Know Before You Go: The Big Questions to Ask Before Arriving at Your Accessible Recreation Destination National Center on Physical Activity and Disability. https://www.nchpad.org/277/1750/What–to–Know–Before–You–Go--The–Big–Questions–to– Ask–Before–Arriving–at–Your--Accessible—Recreation–Destination 6.3 Guidance Documents and Articles—Web Design National Center for Accessible Media (NCAM) NCAM is a research and development facility dedicated to addressing barriers to media and emerging technologies for people with disabilities in their homes, schools, workplaces, and communities. NCAM is part of the Media Access Group at Boston public broadcaster WGBH, which includes two production units, The Caption Center and Descriptive Video Service° (DVS°). Tools and guidelines for creating accessible media can be downloaded from the NCAM website at http://ncam.wgbh.org/invent_build/web multimedia/tools-guidelines. Utah State University, Center for Persons with Disabilities, WebAIM WebAIM (Web Accessibility in Mind) has provided comprehensive web accessibility solutions since 1999. WebAIM is a non-profit organization based at the Center for Persons with Disabilities at Utah State University. Documents and training materials, including the following publications, can also be downloaded from WebAIM website (http://www.webaim.org/). • Color Contrast Checker. https://webaim.org/resources/contrastchecker/ • Web Accessibility Evaluation Tool (WAVE). http://wave.webaim.org/ • Section 508 Checklist. https://webaim.org/standards/508/checklist • Web Accessibility for Designers. https://webaim.org/resources/designers/ Web Accessibility Initiative (WAI) WAI develops guidelines widely regarded as the international standard for Web accessibility, support materials to help understand and implement Web accessibility, and resources, through international collaboration. The Web Content Accessibility Guidelines (WCAG) was developed with a goal of providing a single shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally. Documents and training 90 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 materials, including the following publications, can also be downloaded from the WAI website (https://www.w3.org/WAI/ ). Web Content Accessibility Guidelines(WCAG)2.0 Caldwell, Ben, Michael Cooper, Loretta Guarino Reed, and Gregg Vanderheiden (eds.) 2008. https://www.w3.org/TR/WCAG20/ 6.4 Guidance Documents and Articles—Signage APH Tactile Graphic Image Library American Printing House for the Blind, Inc. (APH). http://www.aph.org/tgil/ Effective Color Contrast: Designing for People with Partial Sight and Color Deficiencies Arditi, Aries. 2005 http://lil29-107.members.linode.com/accessibility/design/accessible-print- design/effective-color-contrast/ G18: Ensuring that a contrast ratio of at least 4.5:1 exists between text(and images of text) and background behind the text Techniques for WCAG 2.0. W3C Working Group Note. Cooper, Michael, Andrew Kirkpatrick, and Joshue 0 Connor (eds). October 2016. https://www.w3.org/TR/WCAG20-TECHS/G18.html Signage and the 2010 ADA Standards v2.1 Luminant Design LLC. 2011. http://www.luminantdesign.com/ada.html Requirements in the 2010 Standards for Accessible Design Society for Experiential Graphic Design (SEGD). Signage 2012. https://segd.org/sites/default/files/SEGD_2012_ADA_White_Paper_Update.pdf Harpers Ferry Center Accessibility Committee U.S. Department of the Interior, National Park Service Harpers Ferry Center serves as the Interpretive Design Center for the National Park Service. It works to ensure that the highest level of accessibility that is reasonable is incorporated into all aspects of interpretive media, planning, design, and construction. This includes ensuring that all new interpretive media are accessible to and usable by all people with disabilities. It also means all existing practices and procedures are evaluated to determine the degree to which they are currently accessible to all visitors, and modifications are made to assure conformance with applicable laws and regulations. The Center's website includes resources, guidelines, updates, photographs of best practices, and more. • Wayside Exhibits: A Guide to Developing Outdoor Interpretive Exhibits. 2009. https://www.nps.gov/hfc/pdf/waysides/wayside-guide-first-edition.pdf • Programmatic Accessibility Guidelines for National Park Service Interpretive Media, v2.3. 2017. https://www.nps.gov/hfc/accessibility/guidelines/ 91 City of Tigard I ADA Self-Evaluation and Transition Plan — Final Plan November 2019 6.5 Guidance Documents and Articles—Creating Accessible Documents A Guide to Making Documents Accessible to People Who Are Blind or Visually Impaired Sutton, Jennifer. 2002. http://www.sabeusa.org/wp-content/uploads/2014/02/A-Guide-to- Making-Documents-Accessible-to-People-Who-are-Blind-or-Visually-Impaired.pdf Best Practices and Guidelines for Large Print Documents used by the Low Vision Community American Council of the Blind (ACB). 2011. http://acb.org/large-print-guidelines Braille Transcription Resource List National Federation of the Blind. https://nfb.org/braille-transcription-resource-list Create and verify PDF accessibility(Acrobat Pro) Adobe. https://helpx.adobe.com/acrobat/using/create-verifv-pdf-accessibility.html Creating Accessible PDFs with Adobe Acrobat Professional U. S. Department of Veterans Affairs, Section 508 Support Office. 2016. https://www.section508.va.gov/support/tutorials/pdf/index.asp GSA Government-wide Section 508 Accessibility Program Guidance on creating and testing accessible documents includes: • Create Accessible Electronic Documents https://www.section508.gov/content/build/create-accessible-documents • Section 508 Basic Authoring and Testing Guides, MS Word 2010 and MS 2013. 2015. https://www.section508.gov/content/build/create-accessible-documents • Basic Authoring and Testing Checklists, MS Word 2010 and MS 2013. 2015. https://www.section508.gov/content/build/create-accessible-documents • Baseline Tests for Accessible Electronic Documents—MS Word 2010 and MS 2013. 2015. https://www.section508.gov/content/build/create-accessible-documents Guidelines and Standards for Tactile Graphics (Web Version). Braille Authority of North America and the Canadian Braille Authority. 2012. http://www.braiIleauthority.org/tg/web-manual/tgmanuaI.htmI Smithsonian Guidelines for Accessible Publication Design Smithsonian Institution. 2001. https://www.si.edu/Content/Accessibility/Publication- Guidelines.pdf SSA Guide: Producing Accessible Word and PDF Documents, Version 2.1 Social Security Administration, Accessibility Resource Center (SSA-ARC). 2010. https://www.ssa.gov/accessibility/files/The Social Security Administration Accessible Docum ent Authoring Guide 2.1.2.pdf 92 City of Tigard I ADA Self-Evaluation and Transition Plan — Final Plan November 2019 6.6 Guidance Documents—Historic Properties Common Questions about Title II of the Americans with Disabilities Act(ADA) DOJ. Civil Rights Division. https://www.ada.gov/pubs/t2ga.txt Technical Preservation Brief 32: Making Historic Properties Accessible U.S. Department of the Interior, National Park Service. Jester, Thomas C and Sharon C. Park. 1993. https://www.nps.gov/tps/how-to-preserve/briefs/32-accessibilitV.htm 6.7 Guidance Documents and Organizations—Emergency Preparedness Planning for People with Disabilities Emergency Management Institute (EMI) http://training.fema.gov/EMI/ Fact Sheet:Access and Functional Needs Support FEMA, US Department of Homeland Security, FEMA. 2018. .https://www.fema.gov/media- I i bra ry-data/15 29082373683-6d3fdc6lcee23005b6624ebbace52324/Access Function.pdf Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities (ICC) http://www.disabilitypreparedness.gov/ Fire Prevention 52: Fire Safety for People with Disabilities National Park Service. https://www.nps.gov/articles/p52-fire-safety-for-people-with- disabilities.htm. Emergency Evacuation Planning Guide for People with Disabilities National Fire Protection Association. 2016. https://www.nfpa.org/-/media/Files/Public- Education/By-topic/Disabilities/EvacuationGuidePDF.ashx?la=en 6.8 Federal Laws and Standards 2010 ADA Standards for Accessible Design 2010. www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm Accessibility of State and Local Government Websites to People with Disabilities 2003. https://www.ada.gov/websites2 prnt.pdf ADA and ABA Accessibility Guidelines (ADAAG), (36 CFR Parts 1190 and 1191) Final Rule published in the Federal Register, July 23, 2004; as amended through May 7, 2014. https://www.access-board.gov/attachments/article/412/ada-aba.pdf ADA Best Practices Tool Kit for State and Local Governments 2008. https://www.ada.gov/pcatoolkit/abouttoolkit.htm 93 City of Tigard I ADA Self-Evaluation and Transition Plan — Final Plan November 2019 ADA Guide for Small Towns. 2000. http://www.ada.gov/smtown.htm ADA Information for Law Enforcement. 2008. http://www.ada.gov/policeinfo.htm ADA Requirements: Effective Communication 2014. https://www.ada.gov/effective-comm.pdf ADA Requirements:Service Animals 2010. https://www.ada.gov/service_animals_2010.pdf ADA Requirements: Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices 2014. https://www.ada.gov/opdmd.pdf An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities 2008. https://www.ada.gov/emergencyprepguide.htm Americans with Disabilities Act(ADA)Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act(ABA)Accessibility Guidelines, Correction Final Rule published in the Federal Register, November 12, 2013. https://www.federaIregister.gov/documents/2013/11/12/2013-26780/americans-with- disabilities-act-ada-accessibility-guidelines-for-buildings-and-facilities Americans with Disabilities Act(ADA) Title II Regulations: Nondiscrimination on the Basis of Disability in State and Local Government Services 2010. https://www.ada.gov/regs2010/titlell 2010/titlell 2010_regulations.pdf Architectural Barriers Act(ABA) Pub. L. 90-480 (42 U.S.C. §§4151 et seq.). 1968. https://www.access-board.gov/the- board/laws/architectural-barriers-act-aba Architectural Barriers Act Accessibility Guidelines; Outdoor Developed Areas (AGODA) (36 CFR Part 1191) Final Rule published in the Federal Register, September 26, 2013. https://www.access- board.gov/attachments/article/1500/outdoor-rule.pdf Architectural Barriers Act Standards 2015. https://www.access-board.gov/attachments/article/1029/ABAstandards.pdf Commonly Asked Questions About the ADA and Law Enforcement. 2006. http://www.ada.gov/q&a_law.htm 94 City of Tigard I ADA Self-Evaluation and Transition Plan– Final Plan November 2019 Communicating with People Who are Deaf or Hard of Hearing:ADA Guide for Law Enforcement Officers. 2006. http://www.ada.gov/lawenfcomm.htm Frequently Asked Questions about Service Animals and the ADA 2015. https://www.ada.gov/regs2010/service animalga.html Guidance on Use of the International Symbol of Accessibility Under the Americans with Disabilities Act and the Architectural Barriers Act 2017. https://www.access-board.gov/attachments/article/1898/ISA-guidance.pdf Model Policy for Law Enforcement on Communicating with People Who are Deaf or Hard of Hearing. 2006. http://www.ada.gov/l awenfmod policy.htm Questions and Answers: The ADA and Hiring Police Officers. 1997. http://www.ada.gov/copsg7a.htm The ADA and City Governments: Common Problems. 2000. http://www.ada.gov/cortiprob.htm U.S. Access Board—Architectural and Transportation Barriers Compliance Board The full texts of federal laws and regulations that provide the guidelines for the design of accessible facilities and programs are available from the U.S. Access Board. Single copies of publications are available free and can be downloaded or ordered by completing a form available on the Access Board's website (http://www.access-board.gov/). In addition to regular print, publications are available in: large-print format, disk, audiocassette, and braille. U.S. Department of Justice, Civil Rights Division, Disability Rights Section The U.S. Department of Justice provides many free ADA materials including the Americans with Disability Act (ADA) text. Printed materials may be ordered by calling the ADA Information Line [(800) 514-0301 (Voice) or (800) 514-0383 (TTY)]. Publications are available in standard print as well as large-print format, audiotape, braille, and computer disk for people with disabilities. Documents, including the following publications, can also be downloaded from the DOJ website (http://www.ada.gov/). 6.9 State and Local Laws, Standards, and Ordinances Oregon Department of Human Services, Aging and People with Disabilities The mission of the Oregon Department of Human Services, Aging and People with Disabilities is to make it possible for seniors and people with disabilities to become independent, healthy and safe with opportunities for community living, employment, family support and services that promote independence, choice and dignity. http://www.oregon.gov/DHS/spwpd/Pages/index.aspx 95 City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 State of Oregon The State of Oregon adopted design guidelines for accessible facilities, which can be found in the Oregon Structural Specialty Code Chapter 11 (OSSC). OSSC contains general building design and construction requirements relating to fire and life safety, structural safety, and access compliance. OSSC provides minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures and certain equipment. The Oregon Building Code Division follows the 2012 International Building Code (IBC) with amendments and provisions specific to the State of Oregon. Because building codes are updated every few years, the City should regularly review changes and update policies and procedures related to accessibility to ensure compliance with current code. • Chapter 11 -Accessibility, Oregon Structural Specialty Code http://ecodes.biz/ecodes support/free resources/Oregon/14 Structural/PDFs/Chapter %2011%20-%20Accessi bi l ity.pdf Washington County Disability,Aging, and Veteran Services (DAVS) This division of the Department of Health and Human Services provides programs and services to maintain and enhance the quality of life for Washington County seniors, veterans, and people with disabilities. DAVS offers support for family caregivers, assists with Medicare, connects individuals with limited income and resources to key benefits, and provides short- term intervention to help isolated seniors navigate and access services, among other programs. https://www.co.washington.or.us/hhs/days/ 96 City of Tigard I ADA Self-Evaluation and Transition Plan — Final Plan November 2019 Appendix A: Public Outreach City of Tigard I ADA Self-Evaluation and Transition Plan— Final Plan November 2019 This page intentionally left blank. agenda %.J ADA Self-Evaluation and Transtion Plan Focus Group - Meeting #1 Date 4/18/2018 Time 6:30 PM - 8:30 PM Participants ADA Focus Group 6:30 pm - 6:35 pm Introductions 6:35 pm - 6:50 pm Project Overview ■ Goals, Process, and Schedule ■ Role of the Focus Group 6:50 pm — 7:20 pm Strengths and Opportunities ■ What's working well? ■ Where are the greatest opportunities? 7:20 pm — 7:50 pm Challenges and Issues ■ What are the biggest challenges? ■ What are the biggest needs? 7:50 pm — 8:20 pm Planning Priorities ■ Prioritization Criteria Development ■ Federal Priorities for the right-of-way ■ ADA Barrier Removal Priorities Tigard 8:20 pm - 8:30 pm Next Steps For questions about accessibility or to request accommodations please contact Nadine Robinson at Nadine@tgard-or.gov or 503-718-2481 (voice) or 503-684-2772 (TTY). One week advance notice of the need for accommodations is requested. 4/18-6:30 pm to 8:30 pm: Focus Group Meeting#1 Attendees: Bob Cerbone, Lisa Detweiler, Natasha Lynch,Vicki March,Tristan Roberts, and Michael Stevens (not in attendance: Eileen Kovac and Patricia Rice), City staff Lori Faha and Nadine Robinson, and consultants Tim Gilbert, Heather Buczek, and Ed SanFilippo The first Focus Group of the ADA Self-Evaluation and Transition Plan was held on April 18th from 6:30 pm to 8:30 pm at the Tigard Public Library. At this meeting,the focus group was oriented to the scope of work of the plan and the schedule.This was followed by a discussion of strengths, opportunities, issues, and challenges faces by individuals with disabilities in the community,and a discussion of planning priorities for the project. General Comments • The Tigard-Tualatin school district is fully inclusive (one of the few districts in the whole state) and this draws people to the community from all over the country. • Inclusive parks and playgrounds are important, especially for kids to interact with their peers on play equipment. The city has been responsive to requests accessibility modifications in the past. • Contacting the Access Board came up regarding general questions.The Access Board contact list can be found here: https://www.access-board.gov/contact-us Issues • Paths in parks, especially new paths, need to be accessible for individuals that use mobility devices, especially manual wheelchairs. Engineered wood fiber, dirt, and sand paths are consistently inaccessible. • A more streamlined process is needed regarding City engineering requirements for home improvement projects that have an impact on the right-of-way that requires ADA upgrades. • Better policies and planning are needed for special events, to ensure accessibility.Accessible parking on gravel is not an appropriate alternative solution during large events. • Hearing impairments create barriers at public meetings when adequate modifications are not provided. ASL interpreters are not appropriate when assistive listening devices are needed. Additionally,there have been instances of staff giving the impression that modification requests for hearing accommodations are unwelcome or inconvenient and this discourages civic participation. • Some streets without sidewalks have traffic that moves too fast for small children or people with disabilities. Sidewalks are the preferred solution, but alternatives such as painted lines along the roadway or other traffic barriers are alternate approaches when a sidewalk is infeasible. • Doors at park bathrooms are often heavy and have no automatic entry. Even when generally accessible, bathrooms can still have barriers. For example, bathrooms at parks do not have changing tables/benches for adults and large children, and single-sex bathrooms create challenges when an opposite-sex child or spouse has a disability. Family and/or single-user restrooms can help alleviate some of these challenges. • Garbage cans and basketball hoops on sidewalks are barriers for pedestrians using mobility devices. • More outreach is needed from the police about life safety identification for people with disabilities and information about fee waivers for alarm permits. Action Steps • City staff will provide names and addresses of newly developed parks in Tigard for Focus Group review and comment. • City staff will contact garbage collection companies regarding placement of garbage cans in the sidewalk. agenda ADA Self-Evaluation and Transtion Plan Focus Group - Meeting #2 Date 11/29/2018 Time 6:00 PM - 8:00 PM Participants ADA Focus Group 6:00 pm - 6:15 pm Project Status Report 6: 15 pm - 6:30 pm Self-Evaluation Report 6:30 pm - 7: 15 pm Summary of Facility Analysis Results ■ Buildings ■ Parks & Trails ■ Right-of-Way 7:15 pm - 7:50 pm Transition Plan Phasing ■ Priorities 7:50 pm — 8:00 pm Next Steps For questions about accessibility or to request accommodations please contact Nadine Robinson at Nadine@tigard-or.gov or 503-718-2481 (voice) or 503-684-2772 (TTY). One week advance notice of the need for accommodations is requested. 11/29/18-6:00 pm to 8:00 pm: Focus Group Meeting#2 Attendees: Natasha Lynch,Vicki March,Tristan Roberts (not in attendance: Eileen Kovac, Patricia Rice, Bob Cerbone, Lisa Detweiler, and Michael Stevens), City staff Lori Faha and Nadine Robinson, and consultants Tim Gilbert, Heather Buczek, and Ed SanFilippo The second Focus Group of the ADA Self-Evaluation and Transition Plan was held on November 29th from 6:00 pm to 8:00 pm at Tigard City Hall.At this meeting, the focus group reviewed the self-evaluation summary report and the barrier analysis summary report. Participants also discussed priorities for phasing the transition plan. General Comments • Although the ADA legislation currently requires public entities to utilize text telephones (TTY)for people who are deaf or have hearing loss, new technologies are rapidly displacing this service in the general public. • Clarification was provided on the distinction between a reasonable accommodation and a reasonable modification. Issues • Gaps in the sidewalk network create safety concerns. For example, there is no sidewalk between the Tigard Library and City Hall, forcing pedestrians into the street. However, Hall Boulevard is owned by ODOT and the City has no jurisdiction to complete upgrades. • The automatic doors at the Tigard Library have a slow response time from the point when the push-button is deployed to the point when the door opens. • There are no accessible paths around the soccer fields at Cook Park.This limits opportunities for people with mobility devices to access the site as spectators. Priorities • East Butte Heritage Park is a high-use corridor for kids walking home from school. • Cook Park is a priority because everyone eventually uses it for something. • Geographic distribution is important to ensure accessibility of parks'close to home.' • Program diversity is important to ensure different types of activities are accessible. Examples provided included dog parks and community gardens. • Socioeconomic priorities should be considered to provide access for all abilities, but also to ensure better integration of people regardless of ability. Action Steps • City staff will address issues relating to the slow response time for the Library's automatic doors. • City staff will ensure focus group members are aware of opportunities for public testimony related to self-evaluation and transition plan project. This page intentionally left blank. City of Tigard I ADA Self-Evaluation and Transition Plan — Final Plan November 2019 Appendix B: ADA Facility Barrier Summary Report City of Tigard I ADA Self-Evaluation and Transition Plan—Final Plan November 2019 This page intentionally left blank. City of Tigard I ADA Facility Barrier Summary Report 1.0 ADA BARRIERS IN THE BUILT ENVIRONMENT .........................................................1 1.1 Accessibility Standards.....................................................................................................................................1 1.2 Facility Assessments—Parks,Trails, Buildings,and Public Parking...................................................................1 2.0 PARKS, TRAILS, AND BUILDINGS BARRIER SUMMARY.............................................3 2.1 Parks................................................................................................................................................................3 2.2 Trails..............................................................................................................................................................13 2.3 Buildings........................................................................................................................................................17 2.4 Public Parking Facilities..................................................................................................................................23 2.5 Parks,Trails,Buildings,and Public Parking Barrier Removal Summary...........................................................27 November 21, 2018—pg. i City of Tigard I ADA Facility Barrier Summary Report List of Tables and Maps Tables • Table 1. ADA Accessibility Barrier Types at City Parks • Table 2. ADA Accessibility Barrier Types at City Trails • Table 3. ADA Accessibility Barrier Types at City Buildings • Table 4. Total Percentage of Park Barriers by Category • Table 5. Total Percentage of Trail Barriers by Category • Table 6. Total Percentage of Building Barriers by Category • Table 7. Total Percentage of Public Parking Barriers by Category Maps • Evaluated Parks • Evaluated Trails • Evaluated Buildings • Evaluated Public Parking Facilities November 21, 2018 — pg. ii City of Tigard I ADA Facility Barrier Summary Report 1.0 ADA Barriers in the Built Environment The process of developing an American with Disabilities Act (ADA) Transition Plan includes the identification of access barriers within the built environment. The City of Tigard evaluated its parks, trails, buildings, and public parking facilities in 2018. 1.1 Accessibility Standards At the time of the evaluations, the ADA 2010 Standards, 2014 Oregon Structural Specialty Code (OSSC) Chapter 11 Accessibility, and 2015 Architectural Barriers Act (ABA) Standards for Outdoor Developed Areas were used to identify barriers at City facilities. Building codes and standards are revised every few years. The barrier evaluations conducted provide an assessment of current conditions as viewed by current code and provide a baseline for future barrier removal. 1.2 Facility Assessments — Parks, Trails, Buildings, and Public Parking The barrier assessments for parks, trails, buildings, and public parking facilities included all public interior and exterior elements of a site. The assessment identified physical barriers in each facility that limit accessibility and compared each facility to the 2010 ADA, 2014 OSSC, and the 2015 ABA. Evaluations were undertaken using a consultant team equipped with measuring devices, City facility data, and evaluation checklists. Diagrams and GIS maps of each site were annotated during the evaluation process and were included with the ADA Facility Assessment Report, available from the City. The elements included in the park evaluations are as follows: • Bathing Facilities Fishing Piers and Platforms • Picnic Areas • Built-in Elements Game and Sports Areas • Play Equipment Areas • Corridors/Aisles Hazards • Ramps • Curb Ramps • Judicial Facilities • Rooms • Doors/Gates Kitchens • Signs • Drinking Fountains Library • Restrooms • Eating Areas Other Features • Stairways • Elevators Outdoor Constructed • Telephones • Exercise Machines and Features • View Areas Equipment Parking Areas • Walks November 21, 2018—pg. 1 City of Tigard I ADA Facility Barrier Summary Report The identification of a feature that does not comply with the current access codes and standards does not necessarily mean that the feature must be modified. There are a variety of factors that must be considered to determine the final disposition of non-compliant features. Considerations include whether the feature complied with standards at the time of its construction, and for pre-ADA facilities, if similar programs, services, or activities are provided at other facilities. November 21, 2018— pg. 2 City of Tigard I ADA Facility Barrier Summary Report 2.0 Parks, Trails, and Buildings Barrier Summary The ADA evaluation included 21 parks, three trails, seven buildings, and two public parking facilities. This section describes each site with a summary of barriers to accessibility. 2.1 Parks The evaluation of parks included the following locations: • Ash Ave Dog Park • Jack Park • Bonita Park Jim Griffith Memorial Skate Park • Bull Mountain Park Liberty Park • Commercial Park Main Street Park • Community Garden Northview Park • Cook Park Potso Dog Park • Dirksen Nature Park Senn Park • East Butte Heritage Park Summerlake Park • Elizabeth Price Park Windmill Park • Englewood Park Woodard Park • Fanno Creek Park Ash A ve Dog Park Park amenities include a shelter, benches, bicycle rack, drinking fountains, and exploration features for dogs. • Barriers identified include the following features: doors/gates, drinking fountains, hazards, outdoor constructed features, and other features. Bonita Park Park amenities include a play structure, basketball court, picnic shelter, grass play area, restroom, and drinking fountains. • Barriers identified include the following features: drinking fountains, game/sport areas, hazards, outdoor constructed features, parking, picnic areas, play equipment areas, stairways, walks, and other features. November 21, 2018 — pg. 3 City of Tigard I ADA Facility Barrier Summary Report Bull Mountain Park Park amenities include trails, a picnic shelter, a nature play structure, and interpretive elements. • Barriers identified include the following features: drinking fountains, outdoor constructed features, picnic areas, walks, and other features. Commercial Park Park amenities include a bench, play structure, and trail. • Barriers identified include the following features: outdoor constructed features, play equipment areas, walks, and other features. Community Garden Amenities include garden plots, water spigots, and a tool/storage shed. • Barriers identified include the following features: built-in elements, doors/gates, rooms, and other features. Cook Park Park amenities include ball fields, soccer fields, picnic tables and shelters, BBQ grills, restrooms, drinking fountains, horseshoe pits, play structures, basketball and sand volleyball courts, a boat ramp and dock, fishing area, butterfly garden, trails, and natural areas. • Barriers identified include the following features: curb ramps, doors/gates, drinking fountains, eating areas, fishing piers and platforms, game/sport areas, hazards, outdoor constructed features, parking, picnic areas, play equipment areas, ramps, restrooms, walks, and other site features. Dirksen Nature Park Park amenities include ball fields, a natural area,trails, and outdoor fitness equipment. • Barriers identified include the following features: exercise machines/equipment, game/sport areas, view areas, walks, and other features. November 21, 2018— pg. 4 City of Tigard I ADA Facility Barrier Summary Report East Butte Heritage Park Park amenities include a picnic shelter and tables, benches, play structure, restroom, and walking paths. • Barriers identified include the following features: curb ramps, doors/gates, outdoor constructed features, picnic areas, play equipment areas, restrooms, stairways, walks, and other features. Elizabeth Price Park Park amenities include picnic tables, benches, a play structure, and an interpretive trail. • Barriers identified include the following features: doors/gates, drinking fountains, outdoor constructed features, picnic areas, play equipment areas, walks, and other features. Englewood Park Park amenities include play structures, basketball court, and trails. • Barriers identified include the following features: curb ramps, outdoor constructed features, picnic areas, play equipment areas, walks, and other features. Fanno Creek Park Park amenities include boardwalks, trails, and bridges that traverse Fanno Creek. • Barriers identified include the following features: outdoor constructed features, picnic areas, walks, and other features. Jack Park Park amenities include a playground, tot lot, walking paths, picnic tables, river rock climber, ball field, basketball court, drinking fountain, and a community garden. • Barriers identified include the following features: built-in elements, doors/gates, drinking fountains, game/sport areas, parking, picnic areas, play equipment areas, rooms, restrooms, walks, and other features. Jim Griffith Memorial Skate Park Amenities include two large flow bowls, a mini bowl, concrete dinosaur, rotating volcano top, and street features. • Barriers identified include the following features: doors/gates, drinking fountains, game/sport areas, parking, restrooms, walks, and other features. November 21, 2018—pg. 5 City of Tigard I ADA Facility Barrier Summary Report Liberty Park Park amenities include benches. • Barriers identified include the following features: outdoor constructed features and other features. Main Street Park Park amenities include benches. • Barriers identified include the following features: outdoor constructed features and walks. North view Park Park amenities include a play structure and a picnic shelter. • Barriers identified include the following features: outdoor constructed features, picnic areas, play equipment areas, walks, and other features. Potso Dog Park Park amenities include separated areas for small and larger dogs, shaded picnic tables, and benches. • Barriers identified include the following features: doors/gates, outdoor constructed features, parking, picnic areas, walks, and other features. Senn Park Park amenities include a play structure and benches. • Barriers identified include the following features: outdoor constructed features, play equipment areas, and other features. Summerlake Park Park amenities include a dog park with shaded shelter, picnic shelter, ball fields, trails, BBQ grills, drinking fountains, horseshoe pits, play structures, tennis courts, basketball courts, picnic tables, benches, restrooms, and a rhododendron garden. • Barriers identified include the following features: doors/gates, drinking fountains, game/sport areas, outdoor constructed features, parking, picnic areas, play equipment areas, restrooms, walks, and other features. Windmill Park This park does not currently have amenities. No barriers were identified. November 21, 2018 — pg. 6 City of Tigard I ADA Facility Barrier Summary Report Woodard Park Park amenities include play structures, a covered shelter, drinking fountain, and trails. • Barriers identified include the following features: drinking fountains, outdoor constructed features, parking, picnic areas, play equipment areas, walks, and other features. November 21, 2018— pg. 7 City of Tigard I ADA Facility Barrier Summary Report This page intentionally left blank. November 21, 2018 — pg. 8 j •� I % L i I 1 ! Senn Park i MON. i . Englew TIGARD 1L-1 I i 211 ` --------f------ (act I Summerlake I Park Dirksen i Tigard ADA Self-Evaluation & Transition Plan Nature Park Evaluated Parks Commercial Park Windmill Park ! *rthview Liberty Park Park Context Jack!--i Pak Woodard Park Ash Ave. Dog Park I Parks ----_—_—_ "".�:_;—.—•__—jam- 'I I Main St. Park Potso Dog Park i I------ i I Community Garden i — City Limits r I i Fanno ►\ I I- j I `— Creek Park Jim Griffith ! — Memorial ! Bull Mountain Park I i _ Skate Park i I-------,I 99W j i Bonita Park East Butte i Elizabeth Price Park Heritage i !-:J1V — Park I ------------------- I I / � !_ Cook Park i i — - -� 8.22.2018 i i I A Miles 0 0.25 0.5 This page intentionally left blank. City of Tigard ADA Facility Barrier Summary Report Table 1. ADA Accessibility Barrier Types at City Parks 41 LU E.. • LU • Location Name • .' • Ash Ave Dog Park • • • • • Bonita Park • • • • • • • • Bull Mountain Park • • • • • Commercial Park • • • • Community Garden • • • Cook Park • • • • • • • • • • Dirksen Nature Park • • • • East Butte Heritage Park • • • • • • • Elizabeth Price Park • . • • • • • Englewood Park • • • • • Fanno Creek Park • • • • Jack Park • . • • • • • • • Jim Griffith Memorial Skate Park • . . • • • • Liberty Park • • Main Street Park • • Northview Park • • • • • Potso Dog Park • • • • • • Senn Park • • • Summerlake Park • • • • • • • • • November 21, 2018—pg. 11 City of Tigard I ADA Facility Barrier Summary Report .. W LA• • • Location Name • fu 0 • • Windmill Park Woodard Park • • • • • • • *Paths of travel encompass curb ramps, ramps, stairways, walks, etc. **Program specific barriers include features that are typically unique to certain facilities, such as exercise machines and equipment, fishing piers and platforms, outdoor constructed features, and view areas. November 21, 2018 — pg. 12 City of Tigard I ADA Facility Barrier Summary Report 2.2 Trails The evaluation of trails included the following locations: • Englewood East/N Dakota to Tigard Trail • Fanno Creek Trail (Library) • Pathfinder-Genesis Trail Englewood East/N Dakota to Tigard Trail This approximately half-mile trail connects the southeast corner of Englewood Park with the northeast corner of Dirksen Nature Park. • Barriers identified include the following features: walks and other features. Fanno Creek Trail(Library) This approximately 1000-foot portion of the Fanno Creek Trail runs directly behind the library. • Barriers identified include the following features: picnic areas, view areas, walks, and other features. Pathfinder-Genesis Trail This approximately half-mile trail runs northeast from SW 115th Avenue along the creek and across SW Walnut Street into Woodard Park. • Barriers identified include the following features: stairways, walks, and other features. Table 2. ADA Accessibility Barrier Types at City Trails OtherPaths of Picnic/Eating View Location Name Travel* Areas Areas Englewood East/N Dakota to Tigard Trail • • Fanno Creek Trail (Library) • • • • Pathfinder-Genesis Trail • • *Paths of travel encompass curb ramps, ramps, stairways, walks, etc. November 21, 2018— pg. 13 City of Tigard I ADA Facility Barrier Summary Report This page intentionally left blank. November 21, 2018—pg. 14 Englewood East/ — N. Dakota to Tigard Trail !— ■� ----------- ' . ,.. Tigard ADA Self-Evaluation & Transition Plan Evaluated Trails Context Trails City Limits 99W SW Walnut St 211 Pathfinder - Genesis Trail ----Fanno Creek Trail Unmarked Trail 8.22.2018 99k — -- Miles 0 0.25 0.5 This page intentionally left blank. City of Tigard I ADA Facility Barrier Summary Report 2.3 Buildings The evaluations included the following buildings: • Civic Center: City Hall, Permit Center, Ferguson Building Police, and Exterior • Library • Dirksen Nature Park Educational Building Public Works Building • Fanno Creek House Senior Center Civic Center.•City Hall, Permit Center, Police, and Exterior This facility is a complex of three buildings containing most of the City's departments and services, including the municipal court, police, billing, the permit center, council chambers, and human resources. It is located at 13125 SW Hall Boulevard. • Barriers identified include the following features: bathing facilities, built-in elements, curb ramps, doors/gates, drinking fountains, hazards,judicial facility features, other features, outdoor constructed features, parking, restrooms, rooms, signs, telephones, and walks. Dirksen Nature Park Educational Building This facility at the edge of Dirksen Nature Park offers a meeting room and a classroom suitable for groups up to 25 people. It is located at 11130 SW Tigard Street. • Barriers identified include the following features: corridors/aisles, doors/gates, hazards, kitchens, parking, picnic areas, ramps, restrooms, rooms, stairways, and walks. Fanno Creek House This facility in Fanno Creek Park is situated on a 1.6-acre property and can be reserved for public and private events. It is located at 13335 SW Hall Boulevard. • Barriers identified include the following features: doors/gates, hazards, kitchen, parking, ramps, restrooms, rooms, stairways, walks, and other features. Ferguson Building This facility is currently leased by Ferguson Plumbing. It located at 9110 SW Burnham Street. • Barriers identified include the following features: built-in elements, doors/gates, drinking fountains, hazards, parking, restrooms, rooms, signs, stairways, and walks. November 21, 2018— pg. 17 City of Tigard I ADA Facility Barrier Summary Report Library This facility includes book drops, a Children's Room, public computers, a reading room, three quiet study rooms, and a separate Young Adult area. It is located at 13500 SW Hall Boulevard. • Barriers identified include the following features: built-in elements, corridors/aisles, curb ramps, doors/gates, drinking fountains, eating areas, elevators, hazards, library features, parking, ramps, restrooms, rooms, signs, stairways, walks, and other features. Public Works Building This facility contains the divisions of the Public Works department. It is located at 8777 SW Burnham Street. • Barriers identified include the following features: curb ramps, doors/gates, drinking fountains, hazards, kitchens, parking, restrooms, walks, and other features. Senior Center This facility offers events, a dining room, spaces for activities and classes, and a gift store, and serves as the local hub for a meals on wheels program. It is located at 8815 SW Omara. • Barriers identified include the following features: curb ramps, doors/gates, drinking fountains, eating areas, elevators, hazards, parking, ramps, restrooms, rooms, signs, stairways, walks, and other features. November 21, 2018— pg. 18 i I_I i --, r----------- i i i i i i i Dirksen Nature Park Educational Building i • Tigard ADA Self-Evaluation & Transition Plan i I Evaluated Buildings i i i i Context SW Walnut St ? This page intentionally left blank. City of Tigard I ADA Facility Barrier Summary Report Table 3. ADA Accessibility Barrier Types at City Buildings M VI 41 Civic Center: City Hall • • • • • Civic Center: Exterior • • • Civic Center: Permit Center • • • • • • Civic Center: Police • • • • • • • • Dirksen Nature Park Educational Building • • • . • • • Fanno Creek House • • • • • • • • Ferguson Building • • • • • • • • Library • • • • • • • • • • • Public Works Building • • • • • • • • Senior Center • • • • • • • • • • • *Paths of travel encompass corridors/aisles, curb ramps, ramps, stairways, walks, etc. **Program specific barriers include features that are typically unique to certain facilities, such as bathing facilities, eating areas, judicial facilities, kitchens, libraries, picnic areas, and telephones. November 21, 2018—pg. 21 City of Tigard I ADA Facility Barrier Summary Report This page intentionally left blank. November 21, 2018—pg. 22 City of Tigard I ADA Facility Barrier Summary Report 2.4 Public Parking Facilities The evaluations included the following public parking facilities: • SW Main at SW Burnham • SW Main at SW Tigard SW Main at SW Burnham This parking facility has approximately 20 spaces, with one accessible parking space. • Barriers identified include the following features: parking. SW Main at SW Tigard This parking facility has approximately 14 spaces, with one accessible parking space. • Barriers identified include the following features: parking. November 21, 2018— pg. 23 City of Tigard I ADA Facility Barrier Summary Report This page intentionally left blank. November 21, 2018—pg. 24 11 SW Main at SW Tigard Odra ,� s� Tigard ADA Self-Evaluation & Transition Plan Evaluated Public Parking Facilities Context Parking Lot C�, SW Main at SW Burnham �G~�6 8.13.2018 d� Feet 0 50 100 This page intentionally left blank. City of Tigard I ADA Facility Barrier Summary Report 2.5 Parks, Trails, Buildings, and Public Parking Barrier Removal Summary Accessibility barriers are prioritized in a process referenced in the ADA title II regulations. The principle is to ensure that basic access is provided, access to activities is provided, amenities are accessible, and alternatives to architectural modifications are allowed when appropriate. Translating these categories into action plans must be accomplished using a programmatic approach. The site priorities are divided into four categories: • Category 1: barrier removal items that provide accessibility at the main entrance of a facility or improve a path of travel to the portion of the facility where program activities take place (e.g., parking, walks, ramps, stairs, doors, etc.). • Category 2: barrier removal items that improve or enhance access to program use areas (e.g., transaction counters, conference rooms, public offices, restrooms, etc.). • Category 3: barrier removal items that improve access to amenities serving program areas (e.g., drinking fountains, telephones, site furnishings, vending machines). • Category 4: areas or features not required to be modified for accessibility (no public programs located in this area, or duplicate features). A draft categorization was applied to each identified barrier at Tigard parks, trails, buildings, and public parking. Some barriers will require further evaluation by City staff for programmatic solutions. These barriers have been assigned two category values (i.e. "2 or 4"), indicating the barrier will need to be assigned one of the values but not both. The categories by site are summarized in the tables on the pages that follow. The percentages of each category in the tables are a proportion of the total number of barriers at each individual site. November 21, 2018— pg. 27 City of Tigard I ADA Facility Barrier Summary Report Table 4. Total Percentage of Park Barriers by Category Category Location Ash Ave Dog Park 27% 13% 20% 0% 40% Bonita Park 6% 59% 24% 0% 12% Bull Mountain Park 0% 69% 3% 0% 29% Commercial Park 0% 85% 0% 0% 15% Community Garden 22% 78% 0% 0% 0% Cook Park 33% 48% 3% 0% 15% Dirksen Nature Park 0% 100% 0% 0% 0% East Butte Heritage Park 3% 82% 0% 0% 15% Elizabeth Price Park 26% 52% 9% 0% 13% Englewood Park 13% 79% 0% 0% 8% Fanno Creek Park 0% 91% 0% 0% 9% Jack Park 2% 92% 3% 0% 3% Jim Griffith Memorial Skate Park 26% 68% 5% 0% 0% Liberty Park 0% 50% 0% 0% 50% Main Street Park 0% 50% 0% 0% 50% Northview Park 0% 67% 0% 0% 33% Potso Dog Park 11% 70% 0% 0% 20% Senn Park 0% 83% 0% 0% 17% Summerlake Park 3% 79% 2% 0% 17% Windmill Park 0% 0% 0% 100% 0% Woodard Park 9% 66% 4% 0% 21% November 21, 2018—pg. 28 City of Tigard I ADA Facility Barrier Summary Report Table 5. Total Percentage of Trail Barriers by Category Category Location Englewood East/N Dakota to Tigard Trail 0% 100% 0% 0% 0% Fanno Creek Trail (Library) 0% 93% 0% 0% 7% Pathfinder-Genesis Trail 0% 100% 0% 0% 0% Table 6. Total Percentage of Building Barriers by Category Category Location Civic Center: City Hall 11% 89% 0% 0% 0% Civic Center: Exterior 68% 26% 0% 0% 6% Civic Center: Permit Center 4% 91% 4% 0% 0% Civic Center: Police 8% 90% 2% 0% 0% Dirksen Nature Park Educational Building 44% 52% 0% 0% 4% Fanno Creek House 35% 65% 0% 0% 0% Ferguson Building 20% 77% 3% 0% 0% Library 17% 78% 3% 0% 2% Public Works Building 31% 66% 3% 0% 0% Senior Center 21% 66% 1% 0% 12% Table 7. Total Percentage of Public Parking Barriers by Category Category Location or 4 Public Lot (SW Main at SW Burnham) 100% 0% 0% 0% 0% Public Lot (SW Main at SW Tigard) 100% 0% 0% 0% 0% November 21, 2018— pg. 29 City of Tigard I ADA Facility Barrier Summary Report This page intentionally left blank. November 21, 2018— pg. 30 _-_.. Clty o Tigard Respect and Care � Do the Right Thing � Get it Done J Ameri' cans Dl* sabl* hties Self-Evaluation Transl* tion I TIGARD City of Tigard What is the ADA? • A civil rights statute that protects Americans with disabilities from discrimination. • Signed into law in 1990 and updated in 2010. • Title II of the ADA requires public entities to complete a self-evaluation and develop a transition plan to ensure activities, programs and facilities meet accessibility standards. Self-Evaluation The self-evaluation process included: • Evaluating services, policies, and practices and identifying the modifications that need to be made to ensure programmatic accessibility. • Identifying physical obstacles that limit the accessibility of facilities for individuals with disabilities. • Involving people with disabilities in identifying, reviewing and providing input into the plan. City of Tigard Transition Plan The data collected in the evaluation of city facilities is reflected in the city's transition plan. It includes: • a list of barriers that limit the accessibility of city programs, activities, or services to individuals with disabilities, • a detailed outline of feasible methods to remove the barriers and make the facilities accessible, • a schedule for removing the barriers, and • the name of the individual responsible for the plan's implementation. Focus Group Input — What We Heard • City public events, managed by a third party, need to require the third party to address ADA accessibility obligations as appropriate. • Forms for meetings and programs should make it clear that the city offers reasonable accommodations. • Staff training should include use of assistive listening devices and tips on how to interact successfully with persons who are hard of hearing. • The city should provide captioning when playing films at public meetings. • City materials should include email or text contact information. City of Tigard Online Survey — What We Heard • Of the people responding to the survey 70% prioritize fixing non-compliant sidewalks over adding curb ramps. Survey comments reinforced the need for barrier-free sidewalks and/or the need for sidewalks in areas where they do not exist. • Accessibility in parking lots, paved paths, and restrooms was rated as most important for barrier removal. • Recommended focusing on one site at a time to ensure parking lots, paths of travel, restrooms and amenities are all accessible. City / Tigard Moving the Plan Forward Next 1 - 3 years: • Review all barriers and address those barriers that can be resolved through programmatic modifications and maintenance tasks. • Develop an ADA barrier removal tracking tool to track progress on the removal of barriers. • Develop a training plan to keep staff up-to-date on the ADA. • Create an internal ADA committee and define responsibilities. • Develop a process for annual review of the plan by the public. u City of Tigard 15-year Plan • Community will be provided ongoing opportunities to comment on the plan and make suggestions for barrier removal. • The internal ADA committee will provide an annual report to Tigard City Council. • The annual report will be posted on the city's website. • Staff training will provided and the training plan updated. • Budget requests will identify barrier work that, with funding approval, will be completed the next fiscal year. AIS-4059 12, Business Meeting One Meeting Date: 12/03/2019 Length (in minutes):20 Minutes Agenda Title: Update on "A New Tigard Triangle: Planning for Equitable Development" Implementation Strategy 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 Receive update on "A New Tigard Triangle: Planning for Equitable Development" Implementation Strategy STAFF RECOMMENDATION / ACTION REQUEST No action is requested. This is a briefing and update. KEY FACTS AND INFORMATION SUMMARY The goal of"A New Tigard Triangle: Planning for Equitable Development"is to provide direction for strategic public investments that support equitable development in the Triangle, ensuring that local residents and businesses have the opportunity to benefit from the area's economic transformation. This project is largely funded by a Metro Planning and Development Grant. Phase 1 of the project recently concluded. In this phase, the list of projects from the Tigard Triangle Urban Renewal Plan was prioritized with substantial community input. The following public engagement activities were completed: Focusrg_oups: Two equity focus groups were convened. One focus group was composed of racially diverse community members, and one group was composed of small and minority-owned businesses in the Triangle and Tigard. The feedback from these focus groups was used to help develop the equity-based evaluation criteria and investment priorities. Community Events: Four community events were organized with Unite Oregon to solicit input from diverse community members on their vision for equitable development in the Tigard Triangle. These large-scale community events were designed to provide an open opportunity for input to the equitable development process. Stakeholder Interviews: These small-group and one-on-one interviews with Triangle property owners and local businesses helped identify development opportunities and challenges and helped the team understand the development potential of the area. Town Center Advisory Commission Subcommittee:The TCAC Subcommittee was a project-specific advisory subcommittee that included representatives from the Town Center Advisory Commission and SW Corridor community leaders. This group played a critical role in the development of the prioritization criteria. The community input from these activities was instrumental in developing the first task of the project. The project equity evaluation criteria has been constructed as follows: • Improves environmental conditions and builds infrastructure capacity • Supports the preservation and creation of affordable housing • Supports a safe and effective multimodal transportation network that improves access and connectivity, supports mixed-use development, and supports the most vulnerable users • Supports the development of welcoming and safe public gathering spaces for every member of the broader community • Reduces residential and business displacement and prevents gentrification • Supports the development of a healthy, safe and sustainable regional destination known for its diversity of activities,people, and character •Advances equitable economic opportunity through development assistance To develop the prioritized list of urban renewal projects, the criteria was weighted with input from the Town Center Advisory Commission Subcommittee.The project team used a model with the following inputs to develop an optimized list of projects and timing: • Project costs (urban renewal share and total cost) • Project start years (timing) • Financial constraints (budget/TIF availability) • Criteria scoring • Criteria weighting The resulting phased project list will serve as the Implementation and Action Plan for Triangle Urban Renewal efforts. The phased project list includes near, mid and long-term priorities. The following projects were identified as the near-term (1-5 years) priorities: Atlanta Street New Street Phase 1. Extend Atlanta Street west from 69th Avenue to 72nd Avenue. Phase 1 is related to potential parks projects,development projects, the SW Corridor, 72nd Ave and Red Rock Creek, which may all provide additional impetus for project development. Affordable Housing Investment. Assist with new and existing housing developments through streetscape improvements, technical/code/fee assistance, site assembly, site clean-up/preparation, site acquisition, and/or partnerships that facilitate affordable housing developments. Park Investments. Community members identified the need for parks and public spaces where everyone feels welcome. The Strategic Plan identified a need for up to two neighborhood parks and the pedestrian, bicycle, and trail networks to connect the park space and various parts of the Triangle to one another, as well as for providing regional connections to the larger bicycle and pedestrian system. 72nd Avenue Modified Street (North of Dartmouth). Improvements to 72nd Avenue will include intersection modifications, streetscape, and other components. The section from Dartmouth to Hwy 99W has been identified as particularly important in the near-term. Opportunistic Investment. These are funds that will be availble as suitable development opportunities arise. These funds could provide assistance to new and existing businesses and housing developments (that meet criteria) through fagade improvement grants/loans, streetscape improvements, technical/code/fee assistance, and/or partnerships that facilitate housing and mixed-use developments. Program development will emphasize prioritizing opportunities for local, disadvantaged residents and businesses. Hwy 99W Modified Street. Implement access management strategies and median projects in Hwy 99W Plan, including additional pedestrian crossing locations. Urban renewal can provide upfront seed funding for a larger regionally funded improvement project. Transportation Study. A study to periodically (approximately every five years) evaluate the functioning of the transportation system to refine the scope of various transportation projects and inform project prioritization. The full Town Center Advisory Commission received regular updates on the progress of the New Tigard Triangle project. At the August joint meeting with the TCAC subcommittee, the draft plan was presented. Several comments were incorporated into the final report. The TCAC discussed the Implementation Strategy at its September 11 th meeting and discussed it at a special meeting on September 26th. At its October 9th meeting, the Town Center Advisory Commission endorsed a letter of support for A New Tigard Triangle: Planning for Equitable Development Implementation Strategy. The report includes a Financial Forecast for the Triangle District,which was integral in developing the timing and funding availability of the prioritized list. Estimated Tax Increment Financing generation is included in the report,which will inform future budget development for the Town Center Development Agency. Phase 2 of the project will be starting soon, and will result in preliminary designs and engineering for infrastructure and program development conducted for near-term,high-priority projects. These projects will also be adopted into the Capital Improvement Program and form part of the Triangle's infrastructure investment plan. The projects that will be advanced are: •Atlanta Street Concept Plan •SW 70th Avenue New Street Concept Plan and Design •Park Concept Plan •Development Assistance and Business Assistance Program Development *Affordable Housing&Mixed-use Project Assistance OTHER ALTERNATIVES Not applicable COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard City Council Goals 2019-21 Goal 2: Invest and connect key areas of the city to promote economic growth and community vitality. Strategy 2.1 Ensure that Tigard Triangle urban renewal investments promote equitable development and create a vibrant,walkable, and connected district. Tigard Strategic Plan Goal 1: Facilitate walking connections to develop an identity Goal 2: Ensure development advances the vision Goal 3: Engage the community through dynamic communication Tigard Triangle Urban Renewal Plan Tigard Comprehensive Plan Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy Goal 9.3 Make Tigard a prosperous and desirable place to live and do business Housing Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Tigard Transportation System Plan Tigard Park System Master Plan Metro 2040 Growth Concept: Town Centers DATES OF PREVIOUS COUNCIL CONSIDERATION December 11,2018: LCRB Contract Award -Tigard Triangle Equitable Urban Renewal Implementation Project Attachments "A New Tigard Triangle"Report TCAC Letter �7WA- '-s { � Ow M i, d x n. t� N © t ©; A New Tigard Triangle PLANNING FOR EQUITABLE DEVELOPMENT Implementation S � 99W f SwOARTMOUTH ST Sk ti 217 er' O mea N { A New Tigard Triangle .a Acknowledgements City of Tigard 13125 SW Hall Blvd Tigard, Oregon, 97223 (503) 639-4171 www.tigard-or.gov Consultant Team L LELAND CONSULTING GROUP 610 SW Alder St,Ste 1200 Portland, Oregon 97205 503-222-1600 www.lelandconsulting.com In partnership with: Cascadia Partners Larco/Knudson The Nielson Group GEL Oregon MIG, Inc. Unite Oregon Funded by a Metro 2040 Planning and Development Grant Program. Town Center Advisory TCAC Triangle Tigard City Council/ Technical Advisory Commission(TCAC) Subcommittee Board of the Town Center Committee(TAC) Development Agency Lucas Brook Lubna Alkattan Jason Snider, Mayor Lori Faha,City of Tigard Angeline Chong Carine Arendes John Goodhouse, Steve Martin,City of Tigard Chris Haedinger Ralph "Scott" Hancock Council President Andrew Newbury,City of Tigard Ralph "Scott" Hancock Ina Adan Hassan Tom Anderson, Councilor Gary Pagenstecher,City of Tigard Renette Hier Gloria Pinzon Marin Heidi Lueb,Councilor Dave Roth, City of Tigard . Hemendra Mathur Jose Alberto Moreno Liz Newton,Councilor Susan Shanks,City of Tigard Tom Murphy Kate Rogers Brian Harper, Metro Tim Myshak Faez Soud Bob Hastings,TriMet Gloria Pinzon Marin Talia Jacobson,ODOT Kate Rogers Steve Kelley, Washington County Ryan Ruggiero Chris Faulkner,Clean Water Faez Soud Services pg. i Tigard Triangle Equitable Urban Renewal Implementation Strategy {; A New Tigard Triangle Contents Introduction 1 Purpose 1 History of the Formation of the Urban Renewal Area 3 Public Engagement Summary 6 Equitable Urban Renewal & Public Involvement 6 Outreach Process&Target Audiences 6 Additional Communications Tools 9 Equitable Evaluation Criteria 9 Criteria Purpose 9 Criteria Development Process 9 Final Criteria 11 Project Optimization Process 12 Urban Renewal Projects 13 Project Details 13 Financial Constraints 14 How are the Criteria Used to Score Projects? 14 Project Scoring 15 Implementation and Action Plan 17 Implementation Program 17 Key Findings 18 Action Plan 19 Conclusion 24 Appendix 25 Tigard Triangle Equitable Urban Renewal Implementation Strategy pg. ii Introduction Communities of all sizes continually seek civic improvement. From the services they provide to the quality of their infrastructure, cities and counties go to great lengths to maximize the economic impact of scarce public dollars. However, the benefits that result from public investments do not always accrue equally. Nowhere is this more evident than in the Portland region where inequitable impacts of major public investments, such as light rail, have traditionally been reacted to rather than planned for. With its newest urban renewal' district, the Tigard Triangle URA, the City of Tigard is getting ahead of the curve. A New Tigard Triangle: Planning for Equitable Development is a community-driven urban renewal implementation strategy that enables Tigard to plan for a vibrant area where a diverse array of people of all ages, abilities, and incomes can live and work within walking distance to shops, restaurants, and parks. The strategy should ensure that urban renewal results in equitable outcomes, rather than purely acting as a driver of economic development.' This report documents this innovative approach that combines qualitative community conversations with quantitative scenario modeling to prioritize public investments and identify critical actions and recommendations for implementation. Purpose The goal of A New Tigard Triangle: Planning for Equitable Development is to provide direction for strategic public investments that support and catalyze equitable development in the Triangle that is consistent with the community's vision, ensuring that everyone has the opportunity to benefit from the area's economic transformation. The objective is to maximize the value of public urban renewal investment, leverage private sector investment, and help achieve equitable development in the Triangle, creating a healthy, vibrant, and interconnected community with a range of housing options for residents. Accountable and thoughtful public action and investment that dismantles barriers, expands opportunities, and enables access to resources will result in more inclusive economic growth, supporting quality jobs and increasing entrepreneurship, wealth, and quality of life.The result will be a stronger, more competitive city. 1 Urban Renewal is a state-authorized, redevelopment and finance program designed to help communities improve and redevelop areas that are physically deteriorated,suffering economic stagnation, unsafe or poorly planned. Z A strategy which prioritizes economic development over equity would be unlikely to satisfy the goals, needs, and desires of the greater community.Concerns over gentrification may outweigh any potential community benefit. pg. 1 A New Tigard Triangle:Planningfor Equitable Development \, { A New Tigard Triangle What is an Implementation Strategy? An implementation strategy is a document that guides the City's investment decisions to translate the community's "vision" for the Triangle into a "reality." It incorporates the goals and objectives of the Tigard Triangle Urban Renewal Plan, adopted by City Council in December 2016 and approved by Tigard voters in May 2017, into a set of strategic phased actions that the City should take to implement the Plan. What Makes it Equitable? Equitable development is an innovative strategy that applies Equity is defined equity principles to public action and investment in order to support and improve the quality of life of Tigard's diverse to employment, that takes community. In this strategy, implementation is viewed "• - • - • • primarily through an equity lens and builds the framework • ' • he • '• ' " of for equitable community engagement. current - • historic unequal treatment of certain individuals and An equitable strategy directs investments that benefit all groups. ._ the ability members of the community, not just a select few, by. fully participate in the policultural tical - • and the • Increasing the supply of diverse housing types'for a determine fundamental range of affordability levels; ability • • Ensuring that vulnerable communities and personal and community needs are historically marginalized populations benefit from L met. new investments in the Triangle; • Providing opportunities for area residents to build skills to secure higher-paying jobs (e.g. access to training and education); • Supporting local businesses to retain customers and employees and identify sources to secure small business assistance; and • Encouraging incremental development, so that people or organizations without access to large amounts of capital can invest in development that meets the goals of the Triangle. How is it Used? The strategy directs investment decisions and sets a clear path for implementation, providing the City with a recommended list of phased projects, prioritized by maximum equitable community benefit. Community benefit is based on a defined set of equitable evaluation criteria directly developed by the community. These criteria serve as the equitable backbone of the project upon which all projects are measured for their effectiveness in meeting the community's goals and needs. The strategy is designed to carry the community's principles through the life of this project and the urban renewal area, resulting in a fluid, opportunistic process that should be updated as community priorities shift, details about certain projects are refined, and other non-urban renewal projects arise (such as the potential Southwest Corridor light rail project). s The national housing crisis has given rise to the emergence of equity in planning and budgeting. Nowhere is this more apparent that the Portland metropolitan region,where housing supply has struggled to keep pace with demand—resulting in rapidly increasing housing prices and rents,and public improvements have not been invested equally throughout the region. Tigard Triangle Equitable Urban Renewal Implementation Strategy pg. 2 { A New Tigard Triangle History of the Formation of the Urban Renewal Area Figure 1.Tigard Triangle Urban Renewal Area The Tigard Triangle is located in the northeast corner of the city,just east of downtown Tigard and seven miles south of downtown Portland.This underdeveloped area ;w comprises about 548 acres and is surrounded by high- .-. 1; volume highways on each side: 1-5 to the east, Highway 217 to the southwest, and Highway 99W to the northeast. wy .: The Triangle is well-situated within the region for access f to employment centers outside of Tigard and can support future growth. However, it lacks key infrastructure and suffers from blight and disinvestment in many areas. 0 .25 03 mi Figure 2.Tigard Triangle Regional Context 3 VANCOUVER CAMAS b FAIRVIEW, { HILLSBORO PORTLAND r BEAVERTON ..._ '_MlIE I �� HAPPY V LEY ✓' 1 TIGARD ~� -;LAKE OSWEGO A L i GLADSTONE AI:ATIN SHERWOOD - WEST LINN " l OREGON CITY WILSONVILLE I J 0 2 mi NEWBERG Source:Leland Consulting Group, City of Tigard. pg. 3 Tigard Triangle Equitable Urban Renewal Implementation Strategy A New Tigard Triangle The long-range land use and development vision for the Tigard Triangle is outlined in the Tigard Comprehensive Plan and further defined in the Tigard Triangle Strategic Plan, which was developed with extensive public engagement and technical analysis in 2015.The Strategic Plan described the desired scale and design of development and identified the need for pedestrian amenities, multimodal transportation improvements, public spaces, housing, and other community amenities. The Strategic Plan recognizes urban renewal as a key strategy because I of its ability to remove barriers to development and build projects that Tax Increment Financing public financing implement the vision by utilizing tax increment financing (TIF) as a ' used for community source of funding. meth�� The Tigard Triangle Urban Renewal Plan was subsequently completed improvement projects. With TIF, citiesdirect uture and adopted, establishing the 547.9-acre Triangle Urban Renewal Area (30 percent of which is public right-of-way). Specifics of the Plan property included a 35-year timeframe and a maximum amount of indebtedness increases " defined (amount of TIF for projects and programs) of$188 million. While the area toward economic plan identified the types of projects envisioned for the area, it did not development projects. propose how to implement those projects. 00 Insufficient and incomplete public infrastructure, lack of amenities, and limited connectivity have deterred private investment in the Tigard Triangle.The creation of the Tigard Triangle Urban Renewal Area and Increment + the accompanying adopted plan set the foundation for alleviating these issues.This equitable implementation strategy (A New Tigard Triangle) ` is the next step in this process and will help remove uncertainty in the L L District Created development community by creating an actionable and intentional plan for infrastructure, affordable housing, public space, and coordination between the public and private sectors, indicating to the development community that the Triangle is ready for growth, while ensuring this growth occurs in a sustainable and community-based manner. Urban Renewal Projects This equitable development framework will direct revenue generated by TIF within the area to invest in projects that improve walkability, create more employment and housing opportunities, and address a variety of transportation issues. The Tigard Triangle Urban Renewal Plan outlines four specific project "buckets"—transportation, utilities, public spaces, and development assistance. r Transportation (16 projects): Provides a safe and effective multimodal r transportation network that supports mixed-use and pedestrian-oriented 1 r development through improved internal connectivity, external access, and mobility; a variety of travel options; comfortable, interesting, and attractive streetscapes; and, well-managed parking options. Utilities (5 projects): Funds development of a stormwater master plan for the entire area and a greenway plan for Red Rock Creek that includes stormwater, sewer, and recreation components. Builds new stormwater Tigard Triangle Equitable Urban Renewal Implementation Strategy pg.4 New Tigard Triangle facilities, repairs existing sewer lines, and extends water and sewer lines as needed to support desired development. Public Spaces, Facilities,and Installations: Creates a clear identity for the Triangle as a fun and diverse place to live and visit through the 0 development of parks, plazas, greenways, public restrooms, recreational facilities, public art,wayfinding, gateway installations, and/or district signage. Re/Development Assistance and Partnerships:Assists new and existing ^, businesses and housing developments through fagade improvement grants/loans, streetscape improvements,technical/code/fee assistance, site assembly, site clean-up/preparation, site acquisition, and/or partnerships that facilitate housing and mixed-use developments. These project categories include funding for a variety of projects. Some of these potential projects are described below. The project fact sheets for all urban renewal projects are in the Appendix. v Highway overpass OR �r •� r Bike/ped,traffic improvements, . ... • . i Parks and community spaces Infrastructure !gl j rrrnerr aneaia ■aa4..ra� _ . pg.5 Tigard Triangle Equitable Urban Renewal Implementation Strategy l A New Tigard Triangle Public Engagement Summary Equitable Urban Renewal & Public Involvement Along the SW Corridor,Tigard is the first community to integrate an equitable development process with urban renewal planning. "Equitable development" refers to a triple- bottom-line approach (see graphic at right) that uses multiple strategies to engage residents of all incomes, races, and ethnicities in the development processes that shape their communities. It is a development strategy that ensures everyone has the opportunity to benefit from an area's economic transformation by dismantling barriers and expanding opportunities. This first phase of work to create "A New Tigard Triangle" drew from a foundation of community-based leadership and aspirations for positive change as a result of investments in the Triangle. Over the course of several months,the consultant team was able to work iteratively with community stakeholders to clearly define "equitable development"for Tigard, identify specific criteria to guide equitable investments, prioritize public investments based on those project criteria, and plan for a community in which all Tigard residents and businesses are welcome and have opportunities to succeed. This process began by developing and adopting the Public Involvement and Communications Plan (PICP) and Outreach Schedule to guide work with community members and key target audiences.The primary objectives for public involvement and community outreach process included: 1. Educate. Provide a clear description of the scope and intent of the "A New Tigard Triangle" project (the Tigard Triangle Equitable Urban Renewal Implementation Strategy). Differentiate the Strategy from the many other related planning efforts underway. Show the relationship with these plans while also emphasizing that the Equitable Urban Renewal Implementation Strategy is an independent effort. 2. Build long-term capacity and support. Develop advocates and leaders who will advance the Equitable Urban Renewal Strategy in the Tigard Triangle by supporting people who engage in the process to stay involved.These community members and stakeholders will be essential to successfully implementing the Strategy. 3. Create opportunities for inclusive participation. Provide multiple and varied opportunities for a wide range of community members and partners to provide meaningful input, including youth. Reach traditionally under-represented populations who reflect Tigard's diverse community. Outreach Process & Target Audiences The project team used a variety of communications tools and techniques to engage a broad cross-section of the community, business and property owners in the Tigard Triangle, and traditionally underrepresented community members. A series of equity focus groups, stakeholder interviews, Tigard Triangle Equitable Urban Renewal Implementation Strategy pg. 6 L; A New Tigard Triangle community meetings, and meetings with the Town Center Advisory Commission Subcommittee (TCAC Subcommittee)were held over several months to gather critical input and vet conclusions (discussed in detail below). For all key meetings, Unite Oregon, a community-based organization, led the community- based outreach and recruitment process; Leland Consulting Group, MIG and Larco/Knudson facilitated presentations, activities, and discussion.The City of Tigard supported all efforts through communications platforms, presentations, and materials translation and translation services at meetings. Figure 3. Public Engagement Timeline Phase 1 Phase 2 Public Public Public TCAC Sub. TCAC Design,cost estimating,property&redevelopment Meeting Meeting Meeting TAC Mtg. Mtg. consulting,continued public engagement Focus Groups, TCAC Final Project Stakeholder Subcommittee Implementation Add'I Public Continuing Community -r Kickoff Interviews Meeting Strategy&Plan Mtgs Meeting Involvement DecJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb 2018 2019 2020 Equity Focus Groups (2 Meetings) In February,two equity focus groups were convened to develop the equity lens for urban renewal investments within the Triangle. One focus group was composed of racially diverse community members; one group was composed of small and minority-owned businesses in the Triangle and Tigard.The feedback from these focus groups was used to develop a definition of equity that is unique to Tigard and could be used to help develop equity-based evaluation criteria and investment priorities. Input and discussion from both focus groups were captured on one large wall graphic (sample provided below, and full graphic provided in the Appendix as Exhibit 4; additional definitions are also provided as Exhibit 1). ?.•�' fG3 Uig _a �c t �4-- % pg. 7 Tigard Triangle Equitable Urban Renewal Implementation Strategy 1; A New Tigard Triangle Stakeholder Interviews (5-10 Interviews) These small-group and one-on-one interviews with property owners and local businesses helped identify development opportunities and challenges.They offered a direct line of communication with stakeholders who are intimately knowledgeable about the Triangle and helped the team understand development potential within the urban renewal area. Town Center Advisory Commission Subcommittee (3 Meetings) The TCAC Subcommittee was a project-specific advisory subcommittee that included representatives from the Town Center Advisory Commission and SW Corridor community leaders.This group played a critical role in the development of the prioritization criteria.The full Town Center Advisory Commission will have an ongoing role in the process. Meeting 1 (April 2019): Reviewed seven Equitable Development Criteria, and developed weighting of Criteria. Meeting 2 (June 2019): Reviewed and provided feedback on Draft Project Prioritization for urban renewal investments, brainstormed the desired community benefits from new development. Meeting 3 (August 14): Full Town Center Advisory Commission meeting to review Project Prioritization. Community Meetings (4 Meetings - 3 Held to Date) These large-scale community events were designed to support broad outreach and provide an open opportunity for community engagement and input to the equitable development process Meeting 1 (January 2019): Focused on the impacts of gentrification, this event featured the film "Priced Out" and identified the causes and consequences of rent burden and inequitable development. A panel discussion was led on how to minimize/ prevent displacement and raised awareness about this project, Recruited participants for Equity Focus Groups and Community Meetings. Approximately 100 participants attended. Meeting 2 (March 2019): Community conversation on equity and what it means to the Tigard community. Reviewed, confirmed and prioritized equitable criteria .� and input from Equity Focus Groups. Provided feedback on prioritization of community issues on wall graphic. Approximately 80 participants attended. Meeting 3 (May 2019): Reviewed Equity-based Selection Criteria. Identified Project Priorities for urban renewal funding. Completed budgeting exercise to further refine investment prioritization. Approximately 35 participants attended. Meeting 4 (TBD): Scheduled for October 2019 to review Phase 1 project. Tigard Triangle Equitable Urban Renewal Implementation Strategy pg.8 ANew Tigard Triangle Community Meeting Wall Graphic er` 'E✓'t � 6 :. ^ y'2�=dttueGscr_,ylrr�s nl-Tr5 „c;� � tteor.:'b � aFFaP.�uXO F Additional Communications Tools Throughout Phase 1 of the A New Tigard Triangle project (the equitable implementation strategy), community events and project milestones were publicized through a variety of platforms and mediums: • Community Flyers and Translated Meeting Announcements • City project webpage • City engagement website (surveys, ideas, comments) • City and consultant social media: Facebook,Twitter, Next Door, Instagram • Local Media (press releases,TV, radio, Radio Tonali, advertisements, stories) • Cityscape (City newsletter) • Citywide and targeted mailings • Community newsletters and mailings Equitable Evaluation Criteria Criteria Purpose The equitable evaluation criteria are the standards against which all urban renewal projects are scored, serving as the foundation of the prioritization process.The criteria were developed directly by the community with input facilitated by the project team and reflect the priorities,goals, and needs of the community. As such, they are fundamental to achieving equitable outcomes. Criteria Development Process Rather than starting from scratch,the community was provided with an established list of goals and objectives from the Tigard Triangle Urban Renewal Plan (2016) and the Metro-led Southwest Corridor Equitable Development Strategy(SWEDS). While the Tigard Triangle Urban Renewal Plan is the guiding policy document for the district and establishes the urban renewal projects to be implemented within the Triangle (it is therefore assumed pg.9 Tigard Triangle Equitable Urban Renewal Implementation Strategy :i A New Tigard Triangle that selected projects would satisfy the Plan's objectives),the SWEDS,'on the other hand, was developed through an equity-focused, regional public engagement process. Given the similarities to the desired criteria development process in A New Tigard Triangle and the familiarity of the Southwest Corridor project to many members of the community, the SWEDS goals and Urban Renewal Plan goals and objectives provided an established platform on which to build equitable evaluation criteria that were tailored to the needs of the Tigard Triangle and the broader community. The development process evolved throughout several meetings and public engagement sessions. As the previous section identified, these meetings included community meetings,targeted focus groups, and TCAC subcommittee meetings, as summarized in the previous section. Figure 4. Criteria Development Process Focus Public • • TCAC Meetings Subcommitee Meetings rppw Urban Principles Equitable Renewal Plan Goals and Development Themes Criteria SWEDS .. A draft set of criteria were developed by the TCAC Subcommittee from these principles and themes and were further defined and refined by the community during various activities at public events and meetings. Early iterations of the criteria served as the foundation upon which the community could build a final set of criteria that was representative of the Triangle's identity, diversity, and needs. Continuing to refine the criteria with the community throughout the life of the urban renewal area remains integral to retaining equity as a central focal point of project implementation. °The Southwest Corridor Equitable Development Strategy(SWEDS) (2018) is part of the Southwest Corridor Plan and strives to ensure that individuals and families continue to live, work and thrive in the Southwest Corridor as major investments are made.While the Urban Renewal Plan is founded in traditional economic development principles, including the SWEDS principles helps to reframe the project narrative with an equitable focus,while retaining a regional perspective. Tigard Triangle Equitable Urban Renewal Implementation Strategy pg. 10 A New Tigard Triangle Ultimately,this process helps align evaluation criteria with the urban renewal plan objectives so that they function as a unified evaluation framework, and also ensures that the resulting project list is grounded in the community's vision and needs for the Triangle. Final Criteria After much refinement, the TCAC Subcommittee agreed on a final set of criteria, which was subsequently vetted and finalized at a public meeting.These criteria are presented below. Equitable Evaluation Criteria Improves environmental conditions and builds infrastructure capacity. -�e' Supports the preservation and creation of affordable housing. Supports a safe and effective multimodal transportation network that improves access and connectivity,supports mixed-use development, and supports the most vulnerable users. Supports the development of welcoming and safe public gathering spaces for every member of - broader community. Reduces residential and business displacement and prevents gentrification. Supports the development of a healthy, safe and sustainable regional destination known for its diversity of activities, people, and character. Advances equitable economic opportunity through development assistance. Criteria Weighting Establishing evaluation criteria is a critical component in identifying community needs and desires. Almost as important, however, is ranking the resulting criteria to reflect the community's highest priorities. In order to understand these priorities, TCAC Subcommittee members were engaged in a facilitated activity where they were allocated tokens and asked to weight the criteria based on their priorities. The resulting weighting is presented below and was also vetted by the community at a public meeting. Figure 5.Weighting of Final Criteria Environ.Conditions&Infrastructure 24% Affordable Housing 20% Multimodal Transportation 15% Public Gathering Places 12% Reduces Displacement,Gentrification 12% Regional Destination, Diversity 12% Equitable Economic Opportunity - 5% This weighting is directly incorporated into the project prioritization process so that urban renewal projects that score highly on the higher priority criterion (e.g. environmental conditions and infrastructure) achieve more "benefit points"within the optimization model and are prioritized over projects that score high on lower-priority criterion (e.g. equitable economic opportunity). pg. 11 Tigard Triangle Equitable Urban Renewal Implementation Strategy A New Tigard Triangle Project Optimization Process Purpose The project optimization process prioritizes projects based • • • on how each project scores against the ranked criteria. Maximize project benefits The optimization process is a defined, financially equitable constrained model,with a limited number of inputs. Inputs resulting project include: the vision . priorities of community • Project costs (urban renewal share and total constraints of - financial analysis and cost), the technical project •- • Project start years (timing), _ analysis helps • - . succinct • Financial constraints (budget), prioritizedepiction of how and where to • Criteria scoring, and investmentpublic achieve maximum • Criteria weighting. community benefit shortest The model is financially constrained within a budget, possible based on a TIF forecast that incorporates the impacts of anticipated private development on assessed taxable value. The resulting project list (phasing shown on Page 18) serves as the backbone of the urban renewal project implementation strategy.Through this process, projects that are fundamentally more equitable will be prioritized (i.e. projects are optimized by maximum community benefit), whenever it is financially feasible and reasonable to do so within the budgetary and timing constraints Model Inputs Model Output ScoringCriteria Criteria Weighting Year Tigard Triangle Equitable Urban Renewal Implementation Strategy pg. 12 New Tigard Triangle Urban Renewal Projects As highlighted earlier in this document,the 2016 Urban Renewal Plan identifies 23 specific projects: 16 transportation (roads, overpasses, intersections, and trails),five utilities (water, stormwater, and sewer), and two broad buckets of funding for"Public Spaces, Facilities, and Installations" (Parks) and "Re/Development Assistance and Partnerships" (Development Assistance). A full list of these projects, including brief descriptions and estimated cost, is provided in the appendix. While most of these projects are geographically defined, parks, development assistance, and a small selection of spatially undefined transportation (T8,T10,T14) and utility projects (PUS), are not. For optimization modeling purposes, these four transportation and utility projects were wrapped up into a single opportunistic fund along with development assistance. Parks remains an independent funding bucket, and a substantial portion of funding for development assistance is specifically called out to support affordable housing.These funds are intended to be available as and when needs and opportunities arise. Each of these three funding buckets were divided into smaller projects over the life of the urban renewal area, as described below. Doing so allows the model to optimize these projects in a way that more realistically reflects how funding will be distributed,thus showing how these funds might be available to the city to address the emerging needs of the Triangle and wider Tigard community. Opportunistic Investments Opportunistic investments include funding for direct development assistance and transportation and infrastructure projects that are to be implemented throughout the area, such as modified or new streets and signals. The model assumes three levels of funding for opportunistic investments: major, moderate, and minor. Major investments are assumed to be major capital projects or other significant investments, like land acquisition. Minor investments are assumed to fund a variety of studies, concepts, and analysis, or provide seed funding for larger projects. Parks The model analyzes three levels of investment (major, moderate, minor) for parks and public space throughout the 35-year life of the plan. Here, it is presumed that a "major" investment would accommodate the development of a major park, "moderate" investments would account for land acquisition and/or development of a smaller park, and a number of"minor" investments could be for a variety of infill opportunities, installations, or smaller land acquisitions. Affordable Housing Affordable housing, considering its importance to the community, is specifically called out as a separate project(previously included within the redevelopment assistance funding bucket). Like parks and opportunistic funds,three levels of funding are presumed for affordable housing, ranging from major investments (e.g. major land acquisition) to seed funding and/or planning assistance. Project Details Each of the urban renewal projects includes details pertaining to timing and cost estimates. Representatives from pertinent public agencies and government departments were engaged as part of a pg. 13 Tigard Triangle Equitable Urban Renewal Implementation Strategy New Tigard Triangle technical advisory committee (TAC) to provide these details. Details were subsequently captured in the "Project Fact Sheets' provided in the Appendix. Project Timing.Variables include the earliest and latest a project can start and the • duration of the project (up to five years). Some of these variables are tied to other urban • l • renewal projects and other regional efforts impacting the Triangle (such as light rail or • Hwy 99W improvements), and thus dependencies are highly relevant. Project Cost. Cost is a critical input for the model. This includes total project cost and the estimated urban renewal cost. However,the model only takes into account the urban renewal cost. Financial Constraints The primary constraint that applies to the entire model is the maximum indebtedness of the urban renewal district ($188 million) and the life of the plan (35 years), whichever comes first. At a finer grain, project spending is constrained by the amount of money available to the City at any given time. All revenues for implementing projects must be generated from tax increment financing (TIF) within the urban renewal area, and as the area is still in its early years,there is a lower amount of TIF at the City's disposal for projects.As more investment occurs in the Triangle, more TIF will be generated and available to the city for new projects. The Urban Renewal Finance Plan (see Appendix) provides projected TIF generation for the area.The Finance Plan assumes that the assessed valuation on existing properties within the Triangle will increase at or near the 3.0 percent(2.9 percent) limitation.' In addition to the regular, inflation-related increases in the total assessed value within the Triangle, the plan assumes that the total assessed value will increase as a result of new development due to various public sector investment in utilities,transportation, and other projects and programs. To account for the total increase of assessed value within the Triangle, building permit activity and information from the market analysis establishes a foundation of growth of approximately 3.0 percent, in addition to the 2.9 percent annual growth anticipated for existing properties.6 The optimization model also factors in the ability to bond. Bonding allows the city to borrow more money in advance of significant TIF generation to ensure that maximum community benefit and equitable outcomes can occur in the shortest possible timeframe. How are the Criteria Used to Score Projects? Each of the Urban Renewal projects is scored against the criteria. Scoring the projects provides the opportunity to conduct a like-for-like comparison of each project's total perceived benefit to the 5 Assessed value is limited to annual increases of 3.0 percent on existing properties, on a property-by-property basis, by Measure 5 (State of Oregon). 6 A higher rate of growth is expected to occur as a direct result of the strong regional economy,the City's direct efforts to encourage investment,the presence of the urban renewal area and the associated incentives available, the Triangle's designation as an Opportunity Zone,the underdeveloped nature of the Triangle and tax abatement programs(such as the city's Vertical Housing Development Zone program),among other reasons. Tigard Triangle Equitable Urban Renewal Implementation Strategy pg. 14 1 1 A New Tigard Triangle community, despite the unique characteristics of each project, and independent of financial or timing constraints. Projects that are considered the most beneficial to the community within the context of the criteria will be prioritized where possible, as these are the equitable principles upon which the project is based. Due to the lack of comprehensive information and the undefined nature of many of the projects, a qualitative scoring scale of"high, medium, low" is used, with the graphic at right showing the ranking weight of each score. Using high, medium, and low scores also enable the stitching together of qualitative and quantitative scoring metrics in order to provide ' • a like-for-like comparison of project performance. The model also presumes all projects will have a positive • • impact.The "low" score is used for projects where the criteria do not apply or the project's impact on the metrics in the criteria is negligible. This simplified qualitative scoring scale provides for ease of use and avoids implying a greater degree of scientific accuracy than exists. Project Scoring Scoring the projects against the community-developed evaluation criteria is integral to the project's equitable core.The scoring process also provides the City with a clear direction for where to direct public investment that is not simply due to financial reasons. To score the projects, both quantitative and qualitative metrics were developed for each criterion. Each project was subsequently scored based on how it fared against these metrics. This scoring process, as well as how it fits into the broader project timeline, is summarized below. Developed Established Eval ated Developed Modeling of UrbanDetailed • . Projects EvaluationRenewal Project • Criteria List Criteria •• Project Quantitative Scoring The quantitative scoring analysis was provided by Envision Tomorrow, a scenario planning tool that allows users to analyze how their community's current growth pattern and future decisions may impact a range of measures from public health and fiscal resiliency to environmental sustainability. Scenario modeling provides the opportunity to produce parcel-level redevelopment estimates (and the associated impact on the surrounding area) as well as numerous "analysis metrics" by which each project outcome is evaluated.The choice of metric is driven by the project's guiding principles developed during the public engagement sessions and by the project consultant team (see next page). Each "analysis metric" coincides with the equity principles and criteria and can be considered either catalytic or direct.' 'Catalytic impacts have the potential to impact the development prospects of the surrounding property and catalyze additional development. Direct impacts directly affect infrastructure or the built environment. pg. 15 Tigard Triangle Equitable Urban Renewal Implementation Strategy ! p New Tigard Triangle For example, "results in cleaner rivers and streams" is an analysis metric with a direct impact,whereas "supports incremental development" would be considered catalytic. Qualitative Scoring Projects were scored quantitatively using Envision Tomorrow wherever possible. However, this is simply not feasible for some geographically undefined urban renewal projects, such as redevelopment assistance, parks, affordable housing, and opportunistic projects relating to streets and other infrastructure. Instead, the project team relied upon knowledge of market trends, industry expertise, and other research to make informed decisions about the impacts these projects might have within the context of the criteria. Scoring Metrics The community had a direct role in identifying potential analysis metrics for each criterion which could be used to measure the community benefit of each project. These metrics are shown below. -Change in environmental impact • • • • : •Improves wastewater management •Results in cleaner rivers and streams •Increased infrastructure capacity -Supports additional housing investment •Increases net new housing capacity •Supports affordable housing potential -Supports employer retention potential •Safer connections&routes •Multimodal access to transit •Multimodal access to key destinations •Mixed-use development potential -connections to/from parks,open space • •Access to public amenities •Access to open space •Proximity to walkable streets •Supports diversity/community Reduces • •Lower employee displacement potential Gentrification •Lower residential displacement potential -Gentrification mitigation potential •Mixed-use development potential • • - �' - • •Pedestrian access and safety •Bicycle access and safety •Increases activity density •Supports incremental development Equitable E • • •Increases development prospects Opportunity •Increases housing unit capacity •Increases employment capacity Tigard Triangle Equitable Urban Renewal Implementation Strategy pg. 16 A Now Tigard Triangle Implementation • • Action Plan Implementaflon Program 2020-2025 • Atlanta Street New Street Phase 1 • Hwy 99W Modified Street • Park Investments(Minor, Moderate—acquisition,design,etc.) • Affordable Housing Investments(Minor—land acquisition,etc.) • Opportunisticlmprovements(Minor) _ • 72�d Avenue Modified Street Phase 1(North of Dartmouth) • Transportation Study 2025-2030 pg. 17 Tigard Triangle Equitable Urban Renewal Implementation Strategy • Atlanta Street/68th Avenue Modified Intersection • Red Rock CreekTrailPhase 1& Sewer/Stormwaterlmprovements • RegionalStormwaterFacility • Affordable Housinglnvestments(Moderate) • Septic System Upgrades(Sewerimprovements) • Opportunisticlmprovements(Moderate) 2030-2035 • RegionalStormwaterFacility • 72"d Avenue Modified Street Phase 2(South of Dartmouth) • Affordable Housing Investments(Major) • Opportunisticlmprovements(Minor) • Park Investments(Minor, Major—development) 2035-2040 • Opportunisticlmprovements(Moderate,Major) • Hwy 99W/68th Avenue Modified Intersection • Park Investments(Minor) • Atlanta Street New Street Phase 2 • Parking Management Plan • RegionalStormwaterFacility • 72"�' Avenue ModifiedStreet(Hwy217Overpass} 2040 + • Overpasses(3):Hwy 217 at Beveland;I-sat Beveland&Red Rock Creek • Opportunisticlmprovements(Major) • Affordable Housing Investments(Moderate, Major) • Red Rock CreekTrailPhase 2& 3 • 74th Avenue New Street • 99W/Hwy 217 Modified Interchange \_ • A New Tigard Triangle Project Phasing While the 2016 Urban Renewal Plan provides a portfolio of projects to be implemented over the course of the life of the plan, there is little guidance on equitable outcomes, dependencies, phasing, or timing. The project optimization process described previously—which has included the development of equitable evaluation criteria and a comprehensive optimization modeling tool—ensures that the resulting implementation strategy prioritizes the community's equity goals to the highest degree possible while respecting the budgetary and timing constraints of the urban renewal area and each of its projects. While most projects will take less than five years to implement, many projects and general investments will span the life of the plan. In order to model these projects in a way that reflects a more realistic timeline, specific information pertaining to phasing and segmentation is required. For example,the technical advisory committee (TAC) provided guidance on which projects needed to be split into multiple project phases. A full implementation matrix is provided in the Appendix and reflects these decisions. Any project including details about a "phase' has been split into multiple phases based on recommendations from the TAC. Key Findings Key findings pertaining to the outcomes of the prioritization process and project phasing are as follow. These include key takeaways and trends that are consistent regardless of changes to growth projections and project timing inputs. • While near-term priority is given to larger transportation and infrastructure projects that build development capacity in the Triangle, early investments for parks, affordable housing, and development assistance are also prioritized.This is likely to take the form of land acquisition in preparation for development in later years, or as opportunistic transportation and infrastructure investments that would otherwise fall to developers. • As development capacity increases and the urban grid improves as a direct result of infrastructure and transportation investments, development interest is likely to increase. At such time, major investments for affordable housing projects and development assistance are likely to help incentivize higher-density development types in the mid-term. Having these investments available throughout the next two decades will equip the city with the tools to react to specific equity-driven needs that emerge over the next two decades. • Existing and coordinated (multi-jurisdictional) efforts identified by the TAC as having significant importance to many of the urban renewal projects are underway and provide the impetus for up- front investment. In many instances, urban renewal funding provides only a small part of the total project cost (seed funding) for larger projects,which therefore drive project timing. For example, early multijurisdictional discussions are underway regarding Highway 99W improvements, and TriMet's Southwest Corridor project is set to have a major impact on the Triangle (if funding is obtained). Other existing efforts are focused on stormwater, recreation, and 72 d Avenue. • Envision Tomorrow modeling shows the synergistic potential of implementing two or more projects together. For instance, Red Rock Creek improvements become much more catalytic and impactful for pedestrian and bicycle circulation if combined with other nearby pedestrian street improvements. • Envision Tomorrow modeling indicates that some projects yield large impacts in certain categories, while others yield few. For instance, while the Highway 217 overpass at Beveland has Tigard Triangle Equitable Urban Renewal Implementation Strategy pg. 18 11 New Tigard Triangle a relatively large impact on safe walk and bike routes to key destinations, neither of the other two proposed overpasses makes much of an impact in this regard. Guiding Recommendations As a result of the analysis, several strategic approaches to implementation became clear, which should guide the City's implementation going forward: • Support Clustered Development: Leverage existing efforts in the northeast of the Triangle, supporting the emerging development cluster in that area bordered by 99W, 72"d Ave, Dartmouth, and 68`h. In doing so, not only is a community activity center created, but it also draws the development community to a focal point that demonstrates the Triangle's potential. • Support Housing: Invest heavily in infrastructure to create a roadway grid with sewer and stormwater infrastructure to attract development, particularly housing. Specific incentive packages for affordable housing should be staggered throughout the life of the plan, with funding available for targeted land acquisition and direct development support up front, and more substantial investments in the mid- and long-term as development patterns become clearer and the supply of land for specific housing needs can be determined with greater certainty. • Parks and Open Space: Pursue land acquisitions in the near-term for future park development. Land costs are likely to increase annually as the market improves. While this should be an intentional and strategic process, there may be opportunities to purchase land as and when it becomes available. Park development should be supported by major investments over the mid- term as the population of the Triangle increases and public space needs and desires are more clearly defined. As the Triangle redevelops and the supply of underutilized land dwindles, small- scale infill park investments (e.g., pocket parks and infill projects) should also occur in the long term. • Opportunistic Investments in transportation and infrastructure (e.g. new and modified streets and signals throughout the Triangle) are likely to be minor in the near-term as new development absorbs land with the highest development capacity. • Group Stormwater and Sewer Infrastructure Improvements with Red Rock Creek:Stormwater, sewer, and trails are priority projects. However, the implementation should be postponed until the mid-term, when there is more clarity from Clean Water Services and other agencies about existing efforts. Uncertainty about the timing of the redevelopment of some private property that impacts Red Rock Creek adds to the need for postponing project implementation. • Long-Term Overpass Projects. Major projects, such as the three overpasses listed (four including the 72"d Avenue Highway 217 overpass), are currently very long-term projects, many of which largely depend on significant regional planning and transportation efforts, such as light rail. Depending on the result of these efforts, urban renewal funding for one or more of these overpasses may need to be spent over a shorter time frame. Action Plan This section provides direct guidance for specific projects and actions to be implemented in the short- term (i.e., within the next five years). These actions include high-priority urban renewal projects as presented above, as well as supporting actions that will improve development conditions while driving equitable outcomes. pg. 19 Tigard Triangle Equitable Urban Renewal Implementation Strategy New Tigard Triangle Table 1. Implementation Matrix . . [010 • Atlanta Street New Street Phase 1 Hwy 99W Modified Street Affordable Housing Investment Transportation Study Park Investments 72nd Ave Modified Street (N of Dartmouth) Opportunistic Investments Atlanta Street& 68" Modified Intersection Red Rock Creek Sewer/Storm &Trail (Ph1) Regional Stormwater Facility Septic System Sewer Upgrades Development Assistance Guidelines Market to Development Community Identify Outside Funding Sources Coordinate with TriMet, ODOT, & CWS Engage Community& Build Leadership Continue to Update Implementation Plan Explore Opportunities for Land Acquisition Implement Actions from the Strategic Plan Engage Significant Property Owners Legend Study; Design and Engineering Implement Program or Build Improvement Continue; Ongoing Action Short-Term Urban Renewal Projects The projects listed in the matrix above are described in more detail, as follows. Atlanta Street New Street Phase 1. Extend Atlanta Street west from 69th Avenue to 72 d Avenue. A second phase which extends Atlanta west from 72nd is proposed and will occur after the theatre property is ready to redevelop. Phase 1 is related to potential parks projects, development projects,the SW Corridor, 72nd Ave and Red Rock Creek, which may all provide additional impetus for project development. Hwy 99W Modified Street. Implement access management strategies and median projects in Hwy 99W Plan, including additional pedestrian crossing locations. Urban renewal can provide upfront seed funding. ODOT and the surrounding cities should be engaged to identify specific needs and timing. Affordable Housing Investment. Assist with new and existing housing developments through streetscape improvements, technical/code/fee assistance, site assembly, site clean-up/preparation, site acquisition, and/or partnerships that facilitate affordable housing developments. Early investments and quick wins Tigard Triangle Equitable Urban Renewal Implementation Strategy pg. 20 \_ 1;A New Tigard Triangle may include more technical assistance and streetscape improvements than site acquisition, although affordable housing needs should first be clarified and then strategically met through these funds. Park Investments. Develop parks, plazas,greenways, public restrooms, recreational facilities, public art, wayfinding, gateway installations, and/or district signage to create a clear identity for the Triangle as a fun and diverse place to live and visit. Community members identified the need for public spaces where everyone feels welcome. More parks and open space are needed throughout the Triangle, and this need will surely increase as more residents move into the area. The Strategic Plan identified a need for up to two neighborhood parks in addition to the natural amenities in the Triangle, and the pedestrian, bicycle, and trail networks within the Triangle are essential for connecting the park space and various parts of the Triangle to one another, as well as for providing regional connections to the larger bicycle and pedestrian system that will connect existing and future neighborhoods to services, recreation, and transit. Early investments in parks,trails, and open space would ideally implement quick wins and short-term projects identified in the parks and recreation master plan for the Triangle.This may require funding for land acquisition or direct improvements. 72nd Avenue Modified Street(North of Dartmouth). Improvements to 72 d Avenue will vary and may include intersection modifications, streetscape, and other components.An initial phase from Dartmouth to Hwy 99W has been identified as particularly important in the near-term. Opportunistic Investment. Provide assistance to new and existing businesses and housing developments through fagade improvement grants/loans, streetscape improvements, technical/code/fee assistance, site assembly, site clean-up/preparation, site acquisition, and/or partnerships that facilitate housing and mixed-use developments. Program development can emphasize prioritizing opportunities for local, disadvantaged residents and businesses. Early opportunistic investments are likely to concentrate near Red Rock Creek and 72nd Ave where development activity is currently happening. Support this market momentum by continuing to improve connectivity and access through transportation and infrastructure improvement that is partnered with new development. Transportation Study.A study to periodically (approximately every five years) evaluate the functioning of the transportation system to refine the scope of various transportation projects and inform project prioritization. Mid-Term Urban Renewal Projects The projects listed in the matrix above are described in more detail, as follows. Atlanta Street&68`h Avenue Modified Intersection. Includes new traffic signals and turn lanes as needed. Relates directly to the Atlanta Street project.The potential SW Corridor project could also provide the impetus for mid-term construction, especially because of the low cost, despite scoring relatively low against criteria. Red Rock Creek Sewer/Stormwater Infrastructure and Trail(Phase 1). A combination of two projects in Red Rock Creek, stormwater and sewer infrastructure improvements would be combined with the first phase of a trail development to focus investment and increase efficiency.This initial phase is of particular importance, specifically located in the eastern section of the Triangle. pg. 21 Tigard Triangle Equitable Urban Renewal Implementation Strategy A New Tigard Triangle The Red Rock Creek project represents the backbone of the Tigard Triangle.This complex project includes a trail and associated recreational development in addition to stream restoration, and addresses scouring issues along with the existing sewer trunk and stream restoration necessary to reduce the stormwater flows in the stream bed.These stormwater flows are a multijurisdictional issue because much of the stormwater velocity originates within the Portland city limits, east of the Triangle. Stormwater Regional Facilities. Construct approximately three regional stormwater facilities to meet the new Department of Environmental Quality (DEQ) regulations for water quantity management. A near- term phase would involve an initial regional facility, likely tied to Red Rock Creek. Septic System Sewer Upgrades. Extend public sewer system to areas served by private septic systems. Specific projects will be included in a Sewer Master Plan and could be redevelopment or urban renewal agency initiated. Other Actions Develop Development Assistance Guidelines. As momentum builds in the market and the Triangle sees an increasing rate of new development,the City of Tigard will require selection parameters to determine eligibility for development projects that receive urban renewal funding or other assistance through the program. A threshold should be tied to a staggered incentive package which rewards desired elements identified by the community. Project elements could include sustainability components, opportunities for women/minority/disabled owned businesses/contractors, public amenities, etc. Market Guidelines to the Development Community. Simply developing these standards will not incentivize new equitable development.Targeted marketing efforts to prominent developers and brokers will be necessary by the City's staff person responsible for the Triangle. Conducting preliminary engagement sessions with these stakeholders would also provide guidance on whether these guidelines would be effective in driving equitable outcomes or simply inhibit new development altogether. Identify Outside Funding Sources. Any additional non-urban renewal funding that can be used for projects within the Triangle allows the city to implement projects over a shorter period of time. Funding may be sourced from ODOT, Metro, Washington County, philanthropic sources, and other state or federal agencies. Coordinate with TriMet, ODOT,and Clean Water Services(CWS).There are major regional transportation and transit projects that are independent of those in the Triangle. Of these,the most significant is the Southwest Corridor light rail project, which will provide the Triangle with two stations and significantly improve transit access. Beyond the Southwest Corridor, there should be frequent contact with ODOT to ensure that urban renewal funding for projects relating to Hwy 99W and Hwy 217 leverages additional efforts on these routes. Further, as the region's water resource management utility, CWS is likely to have a particular interest in the Triangle's stormwater and water infrastructure projects,especially regional stormwater facilities, and thus should be engaged. Ultimately,the availability of urban renewal funding may impact the prioritization of certain CWS, ODOT, and TriMet projects, so regular communication is highly important. Engage Community and Build Leadership. In order to continue building towards equitable outcomes, there should be ongoing community engagement with community based organizations committed to Tigard Triangle Equitable Urban Renewal Implementation Strategy pg. 22 { A New Tigard Triangle equity. The goal, however, should be to identify and support the development of community leaders to push equitable goals for the longterm. Continue to Update Implementation Plan.This plan is intended as a fluid process to be updated at least every five years as urban renewal projects and regional efforts (such as light rail) are completed, new project details arise, and the community's priorities and criteria shift. Continuing community involvement will assist the city in identifying how and when the plan should be updated. Explore Opportunities for Land Acquisition. The Triangle currently has a substantial amount of underutilized land which is poised for new development. However, there are several significant projects that would benefit from early land acquisition.These projects include parks, particularly a major park, and affordable housing, which the City could directly incentivize with a land write-down and/or via a public- private partnership, for example. Implement Tigard Triangle Strategic Plan Actions. The projects identified by the Urban Renewal Plan are the recipients of tax increment funding, as described earlier in this report. However, there are many other actions—particularly organizational actions—in the Tigard Triangle Strategic Plan that are not in the Urban Renewal Plan, and therefore must be funded by non-TIF funding sources.The City should continue to seek funding, if necessary,for these actions and implement them in conjunction with the near-term urban projects identified in the action plan as opportunities arise. Non-urban renewal project actions include: • Explore the creation of a Local Improvement District; Triangle Business/District Association; Business Improvement District; and/or Economic Improvement District. • Continue to seek public-private partnerships, which may lend themselves to desired developments identified throughout this project, such as business incubators and community spaces. • Continue to facilitate grants and loans from other government agencies such as Metro,TriMet, State of Oregon, and various federal agencies Engage Significant Property Owners.The Triangle is home to many prominent underutilized parcels, as well as key redevelopment sites which will play a key role in establishing the Triangle as a mixed-use, diverse, and thriving destination.These property owners should be engaged as early as possible. Many of the funding sources—including urban renewal funds—and tools available to the city should be marketed at this time. For certain property owners, urban renewal money could serve as catalyst seed funding that kickstarts redevelopment. pg. 23 Tigard Triangle Equitable Urban Renewal Implementation Strategy A New Tigard Triangle Conclusion This strategy aims to implement the projects in the Urban Renewal Plan, prioritized through an equitable prioritization process. Near-term projects help support and catalyze equitable development in the Triangle that is consistent with the community's vision, while maximizing the value of public urban renewal investment, leveraging private sector investment, and helping to achieve equitable outcomes in the Triangle. The process was founded on equitable evaluation criteria, developed through an innovative, community- driven process, resulting in a prioritized project list that is fair but financially feasible and realistic. DevelopedEstablished Modeling of Next Steps: Developed �•Evaluation i i Projects Against , • . jects Design,Early Criteria I Renewal Project ritized I Project List Criteria Constraints for Prio (Budget) Project List L Implementation Ultimately, the implementation of these projects through accountable public action and investment is likely to support a healthy,vibrant, and interconnected community with a range of housing options, quality jobs, and inclusive economic growth. The result will be a stronger, more competitive city. Next Steps The next phase of this project will see preliminary designs and engineering and program development conducted for near-term, high-priority projects. These projects are also to be adopted into the Capital Improvement Program and form part of the Triangle's infrastructure investment plan. The community and stakeholder involvement focus that has been a primary driver of the process thus far will continue into this next project phase. Proactive public engagement at key intervals will help ensure the strategy remains inclusive and the resulting projects continue to be grounded in equity principles. Finally, it is important to note that this implementation strategy is intended to be updated by the city every four to six as new information arises relating to market conditions, project costs and other details, and evaluation criteria. The relative weighting of the evaluation criteria (which reflects the existing community's priorities) may change, or entirely new criteria may arise as the community's priorities, needs, and desires shift. Tigard Triangle Equitable Urban Renewal Implementation Strategy pg. 24 Appendix Appendix 1 . Definitions & Fact Sheet i• to40 1 ©; A New Tigard Triangle ® 1 PLANNING FOR EQUITABLE DEVELOPMENT What Do these Terms Mean to You? One word can have many different meanings, often depending on context and personal and community experience. For this project,the Tigard What is Equitable community has asked how some terms are defined to understand how it Development? relates - - . . - relates to making decisions for the Tigard Triangle. For many of these terms, public input has helped define what this means for Tigard. Equitable development development Affordability everyone has the opportunity Affordability can have many meanings. For this project, affordability is defined benefit • economic as the ability of Tigard residents to provide for themselves and families with transformation by dismantling living wage jobs and adequate housing. For Tigard residents,this could barriers - • expanding include housing that accommodates larger families and affordable spaces for opportunities. This project i local businesses that serve a culturally and racially diverse Tigard community. specific strategies to select • • advance economic development Diversity opportunities, The term diversity encompasses individual differences in life experience, race, environment where all Tigard socio-economic status, class, gender, sexual orientation, country of origin, residents and businesses benefit ability, - - ability, traditions and perspectives, as well as cultural, political, religious, and from public other affiliations that are the foundation of the Tigard community. Accountable . • . and Equity investment will result in more Equity is defined as fair access to livelihood, education, and resources.This quality jobs ' increasing includes full participation in the political and cultural life of Tigard and the entrepreneurship, and broader community, and the ability to determine individually and collectively quality oflife.The result will be how to meet fundamental personal and community needs. stronger, morecompetitive city. Sustainability ' '- Sustainability For the Tigard Triangle, sustainability pertains to development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Natural resources are limited and should be used wisely, preserving and enhancing human and ecological systems for future generations. City of Tigard Community Development 5/9/2019 503-718-2421 ♦g i0 1 A New TigardTriangle ® 1 PLANNING FOR EQUITABLE DEVELOPMENT , , Equitable Urban Renewal Project Evaluation Criteria The project team will use the following criteria to "score" each of the urban renewal projects, resulting in a prioritized list of projects for the City of Tigard to implement. Criteria Description Supports the preservation and creation of Projects help to maintain and expand access to high-quality affordable housing. housing that is available and affordable to all income levels, serving the needs of both existing and prospective residents. Supports the development of welcoming and Projects directly increase the number of active and attractive safe public gathering spaces for every member of open spaces,which reflect community diversity, promotes art, the broader community. and cater to all needs of the community. Supports the development of a healthy and Projects promote a diversity of uses, residents, and businesses, sustainable regional destination known for its and connects the Triangle with larger Tigard needs. Projects help diversity of activities, people, and character. build a sustainable regional identity while supporting opportunities for investments that improve safety, health, and access. Improves environmental conditions and builds Projects improve the quality and capacity of infrastructure, infrastructure capacity providing the necessary infrastructure to support development while also improving environmental conditions. Reduces residential and business displacement Projects help utilize outside capital for community-scale and prevents gentrification. investments, retain existing businesses and residences, and promote the creation of small businesses and affordable housing. Supports a safe and effective multimodal Projects result in streets that support active transportation, transportation network that improves access and prioritize active transportation, and increase the breadth of connectivity, supports mixed-use development, access to public transit to meet daily needs, especially for and supports the most vulnerable users. vulnerable users. Advances equitable economic opportunity Projects help build wealth capacity and opportunities for all by through development assistance. providing ongoing partnerships to local businesses, property owners, and residents, and by supporting programs where financial benefit is accrued by the underserved community. City of Tigard 5/9/2019 Community Development 503-718-2421 `l A New Tigard Triangle 2. Urban Renewal Project List Proposed Tigard Triangle Urban Renewal Project List Sources: Pages 9-12 of the Proposed Tigard Triangle Urban Renewal Plan&Pages 25-27 of the Accompanying Report to the Proposed Plan PROJECT CATEGORY TOTAL COST PROPOSED PROJECT PROJECT TYPE AND PROJECT DESCRIPTION ESTIMATE URD* NUMBER LOCATION FUNDING (in millions) (in millions) Debt Service and Summary:Allows for repayment of costs associated with implementation of the Tigard Triangle Urban Renewal Plan.Includes ongoing administration and any financing costs associated with issuing long-and short-term debt, $4•SM $4•SM Project Administration relocation costs,and other administrative costs. (4.75%) Transportation Summary:Provides a safe and effective multimodal transportation network that support mixed-use and $40M (Goal 2) pedestrian-oriented development through improved internal connectivity,external access,and mobility;a variety $93M+ (42%) of travel options;comfortable,interesting,and attractive streetscapes;and,well-managed parking options. (Objectives 3,4,6) 1 New Hwy 217 Overpass Extend Beveland Rd south over Hwy 217 to Hunziker Rd/Wall St area with car,ped, 50 5 (Beveland) and bike facilities. (Objectives 1,2,3,4,5,6', 2 New Street Extend 74th Ave south from 99W to Hermoso Way or Beveland Rd. 5 5 (74th Ave) (Objectives 1,2,4,5) 3 New Street Extend Atlanta St west from 69th Ave to Dartmouth St or future 74th Ave. 4 3 (Atlanta) (Objectives 3,6,7) 4 New Hwy 1-5 Overpass provide ped/bike bridge across Hwy I-5 from Beveland Rd to Southwood Dr. 6 1 (Beveland) (Objectives 3,6,7) 5 New Hwy 1-5 Overpass Provide ped/bike bridge across Hwy I-S between the Triangle and PCC Sylvania around 6 1 (Red Rock Creek) location of Red Rock Creek. Modified Intersection (Objective 6) 6 (Atlanta/68th) install traffic signal and turn lanes where needed at Atlanta St/68th Ave intersection. 0.5 0.5 Modified Intersection (Objective 6) 7 (99W/68th) Add protected left turn and transit improvements on 68th Pkwy at 99W. 4 1 (Objective 1) 8 Modified Streets Develop comfortable,interesting,and attractive streetscapes throughout the Area, TBD 3.5 especially along designated pedestrian streets. New Trail (Objectives 2,3,6,7) 9 (Red Rock Creek) Build new trail along Red Rock Creek parallel to and south of 99W. 3 3 (Objectives 1,2,4,5) 30 New Streets Improve connectivity,circulation,and access throughout the Area with new or 5 4 extended local streets. Objectives 1,2,3,4,5,6) 11 Modified Street TBD.Improve 72nd Ave corridor,including intersections/interchanges.Dependent on TBD 8 (72nd Ave) 72nd Ave Corridor Study recommendations. Objectives 4,6) 12 Modified Street Implement access management strategies and median projects in Hwy 99W Plan, TBD 0.6 (99w) including additional pedestrian crossing locations. (Objective 6) 13 Modified Interchange Add second left turn lane on Hwy 217 northbound ramp to 99W. 3 0.6 (99W/Hwy 217) (Objective 6) 14 Modified Signals Upgrade signals throughout the Area with adaptive signal coordination technology. 1.2 0.3 Objectives 4,8) 15 Parking Management Plan Develop a plan and implement strategies for managing parking. TBD 3 Periodically evaluate the functioning of the transportation system to refine project (Objective 9) 16 Transportation Study scope and inform project prioritization. 0.5 0.5 PROJECT CATEGORY PROPOSED TOTAL COST PROJECT PROJECT TYPE AND URD* PROJECT DESCRIPTION ESTIMATE NUMBER LOCATION FUNDING (in millions) (in millions) Utilities Summary:Funds development of a stormwater master plan for the entire area and a greenway plan for Red Rock $13M Creek that includes stormwater,sewer,and recreation components.Builds new stormwater facilities,repairs $18.3 IGo,I;} existingsewer lines,and extends water and sewer lines as needed to support (14.25%) pport desired development. Develop a stormwater master plan for the Triangle and a greenway plan for Red Rock (Objective 1) 1 Stormwater/Sewer 0.3 0.3 Creek that addresses stormwater,sewer,and recreational needs. Construct approx.3 regional stormwater facilities to meet new DEQ regs.for water (Objective 1) 2 Stormwater 12 6 quantity mgt.Cost estimates developed with master plan. (Objective 2) 3 Sewer Extend public sewer system to areas served by private septic systems. 5 3 Permanently fix compromised sewer lines in Red Rock Creek and restore creek (Objective 3) 4 Stormwater/Sewer 3 3 channel and riparian buffer. (Objective 4) 5 Water Install new water mains as needed. 4 0.7 Public Spaces,Facilities, Summary:Creates a clear identity for the Triangle as a fun and diverse place to live and visit through the SM and Installations development of parks,plazas,greenways,public restrooms,recreational facilities,public art,wayfinding,gateway TBD (116%%)) {t:;o .:4j installations,and/or district signage. ( Re/Development Summary:Provides assistance to new and existing businesses and housing developments through facade Assistance and $22M improvement grants/loans,streetscape improvements,technical/code/fee assistance,site assembly,site clean- TBD Partnerships (23%) (Goal 5) up/preparation,site acquistion,and/or partnerships that facilitate housing and mixed-use developments. URD=Urban Renewal District Appendix 3. Urban Renewal Finance Plan i i� 00 A New Tigard Triangle ♦ PLANNING FOR EQUITABLE DEVELOPMENT ♦ Financial Forecasts Tigard Triangle Urban Renewal Area GEL Oregon October 2019 TABLE OF CONTENTS TigardTriangle Urban Renewal Area.......................................................................................................1 TABLEOF CONTENTS...............................................................................................................................i INTRODUCTION......................................................................................................................................1 PROJECTAND PROGRAM COSTS.............................................................................................................2 General Fund Financial Forecast....................................................................................................................5 FORECAST INCREASES TO ASSESSED VALUE AND PROPERTY TAX REVENUE..............................................8 Existing Property Valuation Increases........................................................................................................8 NewConstruction.......................................................................................................................................9 Utilities......................................................................................................................................................10 Valuation Assumption Summary..............................................................................................................10 Debt Service Fund Forecasts ........................................................................................................................10 Projected Incremental Assessed Value,Tax Rates, and Tax Increment Revenues ......................................16 IMPACT OF THE TAX INCREMENT FINANCING........................................................................................18 Tigard Triangle Financial Report—October 2019 INTRODUCTION Financial forecasts have been prepared to update the implementation of the Tigard Triangle Urban Renewal Plan, including recognition of the prioritization of the various infrastructure projects and related programs. The forecasts are intended to provide information to decision makers related to the investment of public funds for infrastructure and programs, in order to support development and redevelopment within the urban renewal area. The financial forecasts include two funds: 1. The Agency's General Fund, or 2. Project Fund and Debt Service Fund. Urban renewal projects, programs, administrative support and other related costs are funded with debt. Debt proceeds and project, program and administrative costs are recorded and reported in the General Fund. The repayment of debt is recorded and reported in the Debt Services Fund. Debt service is repaid with property tax revenue that is derived from taxes from other taxing jurisdictions that are redirected to the Agency. Redirected taxes are based on the assessed value (increment) that is above the "frozen base" assessed value established in fiscal year 2018 with the adoption of the Plan. The forecast models utilize various assumptions, including anticipated development, pace or timing of development, valuation of development both in terms of real market and assessed valuation, inflation, borrowing rates, and other debt terms, among other factors. Changes to any of these assumptions may result in significant variances to the forecasts.The financial models have been designed to facilitate periodic updates and perform "what if" analyses to help inform decision makers.The models have been provided to City staff. The Agency has the authority to make adjustments to the implementation assumptions included in these forecasts.The Agency may allocate funds differently, adjust the timing and amount of the projects, decide to incur debt at different times and for different lengths of time than are used in these forecasts, and make other changes as allowed by the Plan. Tigard Triangle Financial Report—October 2019 Page 1 of 20 PROJECT AND PROGRAM COSTS Based on the preliminary financing capacity, construction projects and programs were evaluated and prioritized.The total estimated cost of projects, programs and Agency contributions in 2019 dollars is$100.0 million. The total estimated costs of the projects, programs and Agency contributions in nominal dollars is $136.8 million. To determine nominal dollar cost, project and program costs and Agency contributions are adjusted annually by two percent (2.0%) inflation, the target Federal Reserve inflation rate. Additionally, administrative costs are projected to cost the Agency$13.6 million in nominal dollars, with $4.5 million of this amount incurred after the District's last project is completed in fiscal year 2045. Lastly, bond issuance related costs are projected to cost$1.1 million; one and one-half percent (1.5%) of each debt issue amount. The total estimated costs for the Agency, in nominal dollars, is$151.5 million. The Agency's maximum indebtedness is$188.0 million (nominal dollars), therefore, the estimated cost of the schedule of projects, programs,Agency contributions and administration is$36.5 million, or approximately nineteen percent (19.4%) below the maximum indebtedness amount adopted in the Plan. The financial forecasts support the Agency's capability to complete all projects, programs and contributions to others for projects noted in the project schedule below by the end of fiscal year 2045. Additionally,the Agency is forecast to have sufficient property tax(tax increment) revenue to pay all debt issued to fund the schedule of projects, programs and Agency contributions during fiscal year 2046. The schedule of the projects, programs and contributions to other agencies below provides a project description,total cost in 2019 dollars (constant dollars), estimated years of construction or funding with funding/cost by fiscal year, total constant dollars cost by fiscal year and inflation adjusted (nominal dollars) cost by fiscal year.The nominal dollar amounts, by fiscal year, are included in the financial forecasts. Tigard Triangle Financial Report—October 2019 Page 2 of 20 Schedule of Projects, Programs and Contributions Fiscal years 2020-2044 Start Total Project Year 2019$ 2020 2021 2022 2023 2024 T3.New Street(Atlanta)Ph1 2020 $1,500,000 $300,000 $300,000 $900,000 T12.Modified Street(99W) 2020 $600,000 $600,000 Park-Low 2020 $1,500,000 $500,000 $1,000,000 Combined Opportunity Initiative-Low 2020 $850,000 $100,000 $750,000 Affordable Housing Fund-Low 2020 $1,000,000 $500,000 $500,000 Affordable Housing Fund-Low 2020 $1,000,000 $500,000 $500,000 T16.Initiative#4-Transportation Study 2021 $125,000 $125,000 Park-Med 2021 $3,500,000 $500,000 $1,500,000 $1,500,000 Modified Street(72nd Ave)-N of Dartmouth 2023 $2,153,830 $307,690 $1,846,140 T6.Modified Intersection(Atlanta/68th) 2025 $500,000 T16.Initiative#4-Transportation Study 2025 $125,000 ad Rock Creek Trail Ph1&Sewer/Stormwater 2025 $6,000,000 Affordable Housing Fund-Med 2028 $3,000,000 Initiative#5-Stormwater(Regional Facility) 2029 $2,700,000 Combined Opportunity Initiative-Med 2029 $2,250,000 T7.Modified Intersection(99W/68th) 2030 $1,000,000 PU3.Sewer(Septic Upgrades) 2030 $1,000,000 T16.Initiative#4-Transportation Study 2030 $125,000 Modified Street(72nd Ave)-S of Dartmouth 2031 $2,153,830 Initiative#5-Stormwater(Regional Facility) 2032 $2,700,000 Combined Opportunity Initiative-Low 2032 $850,000 Park-High 2034 $5,500,000 Affordable Housing Fund-High 2034 $5,000,000 T16.Initiative#4-Transportation Study 2035 $125,000 Combined Opportunity Initiative-High 2035 $5,250,000 Park-Low 2036 $1,500,000 T3.New Street(Atlanta)Ph2 2037 $1,500,000 T13.Modified Interchange(99W/Hwy217) 2037 $600,000 Park-Low 2037 $1,500,000 Park-Low 2038 $1,500,000 Combined Opportunity Initiative-Med 2038 $2,250,000 T9.New Trail(Red Rock Creek)Ph2 2038 $3,000,000 T15.Parking Management Plan 2039 $3,000,000 Initiative#5-Stormwater(Regional Facility) 2039 $2,700,000 T4.New Hwy 1-5 Overpass(Beveland) 2040 $1,000,000 T5.New Hwy 1-5 Overpass(Red Rock Creek) 2040 $1,000,000 Affordable Housing Fund-High 2040 $5,000,000 T9.New Trail(Red Rock Creek)Ph3 2040 $3,000,000 1.Modified Street(72nd Ave)-217 Overpass 2040 $3,692,280 TS.New Hwy 217 Overpass(Beveland) 2041 $5,000,000 Combined Opportunity Initiative-High 2041 $5,250,000 T2.New Street(74th Avenue) 2042 $5,000,000 Affordable Housing Fund-Med 2042 $3,000,000 Total $ 99,999,940 2,500,000 3,675,000 2,400,000 1,807,690 1,846,140 Annual inflation factor 2.0% 100.0% 102.0% 104.0% 106.1% 108.2% Inflation adjusted dollars $136,796,316 $ 2,500,000 $ 3,748,500 $ 2,496,960 $ 1,918,335 $ 1,998,321 Source: Leland Consulting Group Tigard Triangle Financial Report—October 2019 Page 3 of 20 Schedule of Projects, Programs and Contributions Fiscal Years 2025-2029 Start Total Project Year 2019$ 2025 2026 2027 2028 2029 T6.Modified Intersection(Atlanta/68th) 2025 $500,000 $250,000 $250,000 T16.Initiative#4-Transportation Study 2025 $125,000 $125,000 =_d Rock Creek Trail Phi&Sewer/Stormwater 2025 $6,000,000 $500,000 $500,000 $2,500,000 $2,500,000 Affordable Housing Fund-Med 2028 $3,000,000 $1,500,000 $1,500,000 Initiative#5-Stormwater(Regional Facility) 2029 $2,700,000 $1,350,000 Combined Opportunity Initiative-Med 2029 $2,250,000 $250,000 Total $ 99,999,940 875,000 750,000 2,500,000 4,000,000 3,100,000 Annual inflation factor 2.0% 110.4% 112.6% 114.9% 117.2% 119.5% Inflation adjusted dollars $136,796,316 $ 966,071 $ 844,622 $ 2,871,714 $ 4,686,638 $ 3,704,787 Schedule of Projects, Programs and Contributions Fiscal Years 2030-2034 Start Total Project Year 2019$ 2030 2031 2032 2033 2034 Initiative#5-Stormwater(Regional Facility) 2029 $2,700,000 $1,350,000 Combined Opportunity Initiative-Med 2029 $2,250,000 $1,000,000 $1,000,000 T7.Modified Intersection(99W/68th) 2030 $1,000,000 $125,000 $125,000 $250,000 $500,000 PU3.Sewer(Septic Upgrades) 2030 $1,000,000 $200,000 $800,000 T16.Initiative#4-Transportation Study 2030 $125,000 $125,000 Modified Street(72nd Ave)-S of Dartmouth 2031 $2,153,830 $307,690 $1,846,140 Initiative#5-Stormwater(Regional Facility) 2032 $2,700,000 $1,350,000 $1,350,000 Combined Opportunity Initiative-Low 2032 $850,000 $100,000 $750,000 Park-High 2034 $5,500,000 $500,000 Affordable Housing Fund-High 2034 $5,000,000 $2,500,000 Total $ 99,999,940 2,800,000 2,232,690 3,546,140 2,600,000 3,000,000 Annual inflation factor 2.0% 121.9% 124.3% 126.8% 129.4% 131.9% Inflation adjusted dollars $136,796,316 $ 3,413,184 $ 2,776,069 $4,497,363 $3,363,377 $3,958,436 Schedule of Projects, Programs and Contributions Fiscal Years 2035-39 Start Total Project Year 2019$ 2035 2036 2037 2038 2039 Park-High 2034 $5,500,000 $2,500,000 $2,500,000 Affordable Housing Fund-High 2034 $5,000,000 $2,500,000 T16.Initiative#4-Transportation Study 2035 $125,000 $125,000 Combined Opportunity Initiative-High 2035 $5,250,000 $250,000 $1,000,000 $2,000,000 $2,000,000 Park-Low 2036 $1,500,000 $500,000 $1,000,000 T3.New Street(Atlanta)Ph2 2037 $1,500,000 $300,000 $300,000 $900,000 T13.Modified Interchange(99W/Hwy217) 2037 $600,000 $600,000 Park-Low 2037 $1,500,000 $500,000 $1,000,000 Park-Low 2038 $1,500,000 $500,000 $1,000,000 Combined Opportunity Initiative-Med 2038 $2,250,000 $250,000 $1,000,000 T9.New Trail(Red Rock Creek)Ph2 2038 $3,000,000 $250,000 $250,000 TSS.Parking Management Plan 2039 $3,000,000 $500,000 Initiative#5-Stormwater(Regional Facility) 2039 $2,700,000 $1,350,000 Total $ 99,999,940 5,375,000 4,000,000 4,400,000 4,300,000 5,000,000 Annual inflation factor 2.0% 134.6% 137.3% 140.0% 142.8% 145.7% Inflation adjusted dollars $136,796,316 $7,234,042 $5,491,143 $6,161,062 $6,141,459 $ 7,284,056 Source: Leland Consulting Group Tigard Triangle Financial Report-October 2019 Page 4 of 20 Schedule of Projects, Programs and Contributions Fiscal Years 2040-2045 Start Total Project Year 2019$ 2040 2041 2042 2043 2044 2045 Combined Opportunity Initiative-Med 2038 $2,250,000 $1,000,000 T9.New Trail(Red Rock Creek)Ph2 2038 $3,000,000 $2,500,000 T15.Parking Management Plan 2039 $3,000,000 $1,250,000 $1,250,000 Initiative#5-Stormwater(Regional Facility) 2039 $2,700,000 $1,350,000 T4.New Hwy 1-5 Overpass(Beveland) 2040 $1,000,000 $83,333 $83,333 $166,667 $666,667 T5.New Hwy 1-5 Overpass(Red Rock Creek) 2040 $1,000,000 $83,333 $83,333 $166,667 $666,667 Affordable Housing Fund-High 2040 $5,000,000 $2,500,000 $2,500,000 T9.New Trail(Red Rock Creek)Ph3 2040 $3,000,000 $250,000 $250,000 $2,500,000 1.Modified Street(72nd Ave)-217 Overpass 2040 $3,692,280 $307,690 $3,384,590 Tl.New Hwy 217 Overpass(Beveland) 2041 $5,000,000 $400,000 $400,000 $400,000 $1,900,000 $1,900,000 Combined Opportunity Initiative-High 2041 $5,250,000 $250,000 $1,000,000 $2,000,000 $2,000,000 T2.New Street(74th Avenue) 2042 $5,000,000 $1,000,000 $1,000,000 $3,000,000 Affordable Housing Fund-Med 2042 $3,000,000 $1,500,000 $1,500,000 Total $ 99,999,940 9,324,357 8,201,257 6,733,333 6,233,333 6,900,000 1,900,000 Annual inflation factor 2.0% 148.6% 151.6% 154.6% 157.7% 160.8% 164.1% Inflation adjusted dollars $136,796,316 $13,855,504 $12,430,369 $10,409,596 $ 9,829,339 $11,098,217 $3,117,151 Source: Leland Consulting Group General Fund Financial Forecast The total forecast cost of programs, projects and administrative costs, in nominal dollars, is$151.5 million. Projects are scheduled through fiscal year 2045 and administrative costs through fiscal year 2054. To complete the projects as scheduled,the forecast includes$150.4 million in debt, and $1.1 million in interest earnings. Of the$150.4 million debt issued, $69.7 million is forecast to come from long-term debt (46.3%of total borrowing), and $80.7 million in overnight borrowing (du jour), (53.7%of total borrowing). Overnight borrowing is possible due to property tax (tax increment) collections in excess of debt service requirements.The forecasted excess collections are available to pay short-term (i.e., overnight) loans and maintain reserves of one-half years of annual debt service through fiscal year 2024 and a full year's debt service beginning fiscal year 2025. The reserves noted are not "required," but simply suggested and included in the financial analysis. Borrowings are provided as necessary to complete the scheduled projects and provide sufficient fund balance (mid-six figure minimum throughout the forecast). Short-term (i.e., overnight) borrowing is utilized before long-term debt is used, thereby reducing long-term debt issuance, related costs, and debt service requirements. The forecasted debt capacity of the Agency is greater than what is necessary to fund scheduled projects. This provides the Agency, assuming forecast growth in assessed value and resulting property tax levies are met, with the potential to accelerate investment in projects and programs if organizational and community capacity exists to complete the projects. Tigard Triangle Financial Report—October 2019 Page 5 of 20 A schedule of estimated debt capacity, debt utilization, and debt coverage follows the General Fund financial forecasts. General (Project) Fund Forecast-actual (nominal) dollars Fiscal years 2020-2054 Amounts in thousands Resources Expenditures Fiscal Total Year Debt Debt current Resources Beginning Ending Ending Interest proceeds- proceeds- year Adminis Capital Total over(under) fund fund June 30, earnings long-term dujour resources tration outlay Other expenditures expenditures balance balance 2020 - 3,000 - 3,000 100 2,500 45 2,645 355 - 355 2021 7 4,000 100 4,107 150 3,749 60 3,959 149 355 504 2022 10 2,200 200 2,410 158 2,497 33 2,688 - 278 504 226 2023 5 2,500 200 2,705 165 1,918 38 2,121 583 226 809 2024 16 2,500 300 2,816 174 1,998 38 2,210 606 809 1,415 2025 28 - - 28 250 966 1,216 - 1,188 1,415 227 2026 5 3,500 500 4,005 263 845 53 1,161 2,844 227 3,071 2027 61 - 900 961 276 2,872 3,148 - 2,186 3,071 885 2028 18 6,500 900 7,418 289 4,686 98 5,073 2,344 885 3,229 2029 65 - 1,100 1,165 304 3,705 4,009 - 2,844 3,229 385 2030 8 4,000 1,300 5,308 319 3,413 60 3,792 1,516 385 1,901 2031 38 - 1,500 1,538 335 2,776 3,111 - 1,573 1,901 328 2032 7 4,500 1,900 6,407 352 4,497 68 4,917 1,489 328 1,818 2033 36 - 2,100 2,136 369 3,363 3,732 - 1,596 1,818 222 2034 4 7,000 2,300 9,304 388 3,959 105 4,452 4,853 222 5,075 2035 102 - 2,700 2,802 407 7,234 - 7,641 - 4,840 5,075 235 2036 5 5,500 3,400 8,905 428 5,491 83 6,002 2,903 235 3,137 2037 63 - 3,900 3,963 449 6,161 6,610 - 2,648 3,137 490 2038 10 4,500 4,600 9,110 471 6,142 68 6,681 2,429 490 2,919 2039 58 - 5,300 5,358 495 7,285 7,780 - 2,421 2,919 498 2040 10 9,500 5,700 15,210 500 13,856 143 14,499 711 498 1,209 2041 24 7,000 S,900 12,924 500 12,431 105 13,036 - 112 1,209 1,097 2042 22 3,500 9,400 12,922 500 10,410 53 10,963 1,959 1,097 3,056 2043 61 - 7,300 7,361 500 9,829 - 10,329 - 2,968 3,056 88 2044 2 11,600 11,602 500 11,098 11,598 4 88 92 2045 2 7,625 7,627 500 3,117 3,617 4,010 92 4,102 2046 82 - 82 500 - 500 - 418 4,102 3,684 2047 74 74 500 500 - 426 3,684 3,257 2048 65 65 500 500 - 435 3,257 2,823 2049 57 57 500 500 - 444 2,823 2,379 2050 48 48 500 500 - 452 2,379 1,927 2051 39 39 500 500 - 462 1,927 1,465 2052 29 29 500 500 - 471 1,465 994 2053 20 20 500 500 - 480 994 514 2054 10 - 10 500 500 490 514 25 Totals 1,096 69,700 80,725 151,521 13,642 136,797 1,050 151,489 Source: GEL Oregon, Inc. Tigard Triangle Financial Report-October 2019 Page 6 of 20 Forecast Debt Capacity and Utilization Fiscal Years 2020-2046 Amounts in thousands Fiscal Unmatured Year Aggregated debt issued Ending total and Debt June 30, expenditures outstanding capacity Variance DCR 2020 2,645 3,000 4,484 1,484 3.43 2021 6,604 7,000 7,301 301 1.71 2022 9,292 9,200 10,003 803 1.47 2023 11,413 11,700 12,866 1,166 1.47 2024 13,623 14,200 15,881 1,681 1.47 2025 14,839 14,200 19,056 4,856 1.61 2026 16,000 17,700 22,399 4,699 1.69 2027 19,147 17,700 25,919 8,219 1.77 2028 24,221 24,200 29,626 5,426 1.71 2029 28,229 24,200 33,529 9,329 1.67 2030 32,021 28,200 37,640 9,440 1.74 2031 35,132 28,200 41,969 13,769 1.80 2032 40,049 32,700 46,529 13,829 1.85 2033 43,781 32,700 51,330 18,630 1.90 2034 48,233 39,700 56,387 16,687 1.89 2035 55,874 39,700 61,714 22,014 1.96 2036 61,876 42,200 67,323 25,123 2.18 2037 68,487 38,200 73,232 35,032 2.39 2038 75,167 40,500 79,455 38,955 2.60 2039 82,947 38,000 86,010 48,010 2.84 2040 97,446 45,000 92,914 47,914 2.80 2041 110,482 52,000 100,187 48,187 2.60 2042 121,444 52,000 107,847 55,847 2.60 2043 131,774 52,000 115,917 63,917 2.88 2044 143,372 45,500 124,416 78,916 3.32 2045 146,989 45,500 133,370 87,870 3.72 2046 147,489 41,500 142,802 101,302 4.18 Source: GEL Oregon, Inc. Tigard Triangle Financial Report-October 2019 Page 7 of 20 FORECAST INCREASES TO ASSESSED VALUE AND PROPERTY TAX REVENUE Existing Property Valuation Increases The City of Tigard's fiscal year 2019 assessed value is nearly fifty-seven percent (55.7%) greater than the valuation in fiscal year 2007, the year prior to the Great Recession.This represents an average annual increase of nearly four percent (3.8%). During the same period, real market values within the City have increase fifty percent (50.4%), or 3.7%annually. Per review of the urban renewal area, existing uses, pending development, pending public investment, and consideration of growth in other similar urban renewal areas growth within the urban renewal area is anticipated to accelerate well above the City as a whole. During the period of fiscal year 2007-2019, there were three years in which double digit percentage increases in real market value occurred. During these years assessed value increased well above the three percent limitation on existing properties. See table below. AssessedReal Market Fiscal year Value Value 2007-2008 11.3% 5.2% 2016-2017 12.3% 4.3% 2017-2018 10.0% 5.4% The market impacts of the Great Recession began to appear in fiscal year 2008-2009 where RMV increased by two and one-half percent (2.5%)followed by a four year period,fiscal year 2009-2010 through fiscal year 2012-2013 where RMV declined in the City by nearly eighteen percent (-17.7%) from $8.2 billion to$6.7 billion. Assessed value,which is limited to annual increases of three percent(3.0%) on existing assessed value, on a property-by-property basis, continued to increase in aggregate during the economic downturn. However, the rate of increase fell below three percent (2.7%annually) as assessed value was limited on various parcels due to reductions in RMV and M5 values. Beginning in fiscal year 2013-14, RMV and M5 values recovered, each increasing by sixty percent(60.1%) as of fiscal year 2018-2019.This has led to the AV/M5 ratio city-wide declining from a high of nearly seventy- nine percent(78.6%) in fiscal year 2012-2013 to approximately sixty three percent (62.9%) in fiscal year 2018-2019.This is significant in that as the AV/M5 ratio declines, assessed value is more likely to increase at or near the maximum of three percent (3.0%) on existing properties. Conversely, as the AV/M5 ratio increases, additional properties are more likely to realize increases of less than the three percent(3.0%) limitation, potentially even leading to reductions in assessed value. Increases of less than three percent (3.0%) on existing property assessed values negatively impact the Agency's property tax levies and funding for projects and programs. Tigard Triangle Financial Report—October 2019 Page 8 of 20 Based on the present AV/M5 ratio and trend, increases in assessed valuation on existing properties within the district are estimated to increase annually at or near the three percent (2.9%) limitation. New Construction Although our scope is limited with respect to forecasting specific private sector development that may result due to various public sector investment in utilities,transportation and other projects and programs included in the projects and programs schedule, we performed various evaluations and reviewed other information to ascertain reasonable information from which to forecast new construction and assessed value within the district. Specifically,we evaluated building permit activity within the district for the 2018 calendar year and identified projects that will likely result in increases in assessed valuation. We estimated the timing of completion of these projects, utilized valuation information provided by the Building Department, and applied the AV/RMV ratio (62.9%)to estimate the assessed value of new construction within the district during fiscal years 2020- 2021 and 2021-2022 ($12.45 million each fiscal year). The annual increase in valuation is approximately three percent (3.0%) from these projects.The schedule of building permits includes other projects that may increase assessed valuation, however, we excluded these from our analysis to provide conservative forecasts, particularly in the early years of the forecast. We also reviewed pending private sector projects that are considered likely to break ground in the next eighteen to thirty-six months.These projects have a total RMV of approximately$34.1 million, with assessed value of$21.4 million. Collectively, these projects establish a foundation of annual growth within the district of approximately three percent(3.0%). We compared the estimated valuation and associated percentage change information to various annual percentage change adjustments to assessed value. Lastly,we reviewed the building to land value ratio analysis included in the Report on Tigard Triangle Urban Renewal Area.This information was as of fiscal year 2016. A physical tour of the area confirmed there were no significant changes to the analysis included in the Report.The analysis found that more than sixty percent of the parcels (62.1%, 203 of 327) and fifty percent of the land area within the district (53.3%, 204.2 acres of 383.04 acres) had improvement to land value of 1.0 or less. Less than ten percent (8.8%, 29 of 327) of the parcels representing less than thirteen percent of the land area (12.4%,47.5 of 383 acres) have an improvement to land value ratio in excess of 2.5. Based upon current initial development activity within the district, pending infrastructure investment included in the Urban Renewal Plan, and the undeveloped nature of the area within the district the forecast included in this report includes the following assumptions for changes to assessed value within the district resulting from new development. Summary- real property valuation adjustment assumptions $12.45 million in fiscal years 2021 and 2022 2.5% in fiscal year 2020, and fiscal years beginning in fiscal year 2023 Tigard Triangle Financial Report—October 2019 Page 9 of 20 Utilities The assessed value of utilities within the district in fiscal year 2018 was$22.65 million. Due to coding errors, the valuation of utilities within the district in fiscal year 2019 was only$7,000.The City engaged outside assistance to correct the valuation. Based on preliminary information and discussions with Washington County Assessor staff and City staff we have conservatively estimated the assessed value of utilities for the forecast in fiscal year 2020 to be eighty-eight percent of the fiscal year 2018 valuation, or$20.0 million. We also have included a growth rate for utilities valuations of two-thirds (2.0%) of the valuation increase of new construction throughout the forecast period. Valuation Assumption Summary The estimated property tax revenue (tax increment) through FYE 2046 is based on the following assumptions: Change to existing assessed value per year Real property 2.9% Personal - 6.0%(amortization of personal property) Utilities 2.0% Change due to new construction Real property 2.5% Personal 7.0% Utilities 2.0% Debt Service Fund Forecasts The Debt Service Fund forecasts show estimated property tax revenue, (tax increment), long-term debt service payments and payments of overnight (du jour) loans, beginning and ending fund balance, outstanding debt balance and the debt coverage ratio (DCR) during the fiscal year for fiscal years 2020-2046. Overnight debt payments are not included in the DCR calculation. Property taxes are forecast to increase throughout the forecast period due to increases in assessed value on existing property and new development based on the assumptions noted above. When analyzing available funding for project programming, debt capacity was evaluated utilizing a minimum debt coverage requirement of 1.25 (Current year revenue (taxes) must be no less than 1.25 times the amount of scheduled debt service). Additionally, resources provided by du jour borrowings, i.e., overnight loans, were excluded from funding capacity. This methodology results in higher debt coverage ratios, as du jour borrowings are used when feasible,thereby reducing the need for long-term debt and associated debt service requirements. During the initial five years of the forecast, du jour borrowings are limited so that the beginning fund balance of the Debt Service Fund is adequate to pay one half of the forecast annual debt service in the subsequent fiscal year, including any new debt issued in that fiscal year. After year five, du jour borrowings are limited so that the beginning fund balance in the Debt Service Fund is sufficient to pay the full amount of the debt service in the subsequent year, including any new debt issued in that fiscal year. The limitations utilized in the financial analysis are not required, but suggested, to enhance the City's credit. Tigard Triangle Financial Report—October 2019 Page 10 of 20 Forecast property tax collections are anticipated to be sufficient to retire all outstanding debt in fiscal year ending 2046. At that time the forecast indicates cash (fund balance) will exceed the outstanding principal loan balances. With this condition,the outstanding loans may either be repaid early or fully defeased, i.e., establish a Trust with a paying agent through which the remaining outstanding debt is repaid. The following assumptions for debt issues are used in the financial forecasting model: Long-term debt maturity 15 years Interest rate 3.5% Amortization semi-annual principal and interest payments Long-term debt is assumed to be issued mid-fiscal year(with December 1 and June 1 payment dates).This assumption provides for a single principal and interest payment in the fiscal year of issue and in fiscal year of maturity. Du jour borrowings are anticipated to be overnight loans repaid with no interest. The Agency may desire to utilize long-term debt with a shorter or longer maturity, depending on the projects and or programs funded, market conditions, and other factors. The average debt maturity may not exceed the dollar weighted average useful life of the items financed. Tigard Triangle Financial Report—October 2019 Page 11 of 20 Debt Services Fund Fiscal Years 2020- 2046 Amounts in thousands Resources Expenditures Tota I current Dujuor Resources Beginning Ending HE Property Interest year debt Total over(under) fund fund June 30, taxes earnings resources Principal Interest payments expenditures expenditures balance balance DCR 2020 444 - 444 77 53 - 129 314 - 314 3.43 2021 737 6 743 260 171 100 531 212 314 526 1.71 2022 1,027 11 1,038 430 268 200 899 139 526 665 1.47 2023 1,328 13 1,341 567 335 200 1,101 240 665 905 1.47 2024 1,644 18 1,662 716 401 300 1,417 245 905 1,150 1.47 2025 1,977 23 2,000 807 418 - 1,225 775 1,150 1,924 1.61 2026 2,327 39 2,365 925 451 500 1,876 490 1,924 2,414 1.69 2027 2,696 48 2,744 1,049 478 900 2,427 317 2,414 2,731 1.77 2028 3,084 55 3,139 1,252 555 900 2,707 432 2,731 3,163 1.71 2029 3,493 63 3,557 1,466 621 1,100 3,187 369 3,163 3,532 1.67 2030 3,924 71 3,995 1,620 640 1,300 3,560 435 3,532 3,967 1.74 2031 4,378 79 4,457 1,782 651 1,500 3,933 525 3,967 4,492 1.80 2032 4,856 90 4,946 1,960 666 1,900 4,527 419 4,492 4,911 1.85 2033 5,359 98 5,457 2,147 674 2,100 4,921 537 4,911 5,447 1.90 2034 5,889 109 5,998 2,402 721 2,300 5,423 575 5,447 6,023 1.89 2035 6,447 121 6,568 2,540 755 2,700 5,995 573 6,023 6,595 1.96 2036 7,035 132 7,167 2,466 764 3,400 6,630 537 6,595 7,132 2.18 2037 7,655 143 7,797 2,426 774 3,900 7,100 697 7,132 7,829 2.39 2038 8,307 157 8,463 2,423 768 4,600 7,792 672 7,829 8,501 2.60 2039 8,994 170 9,164 2,408 762 5,300 8,470 694 8,501 9,194 2.84 2040 9,717 184 9,901 2,627 845 5,700 9,172 729 9,194 9,924 2.80 2041 10,480 199 10,678 2,996 1,036 5,900 9,933 745 9,924 10,669 2.60 2042 11,282 213 11,496 3,221 1,114 6,300 10,635 861 10,669 11,530 2.60 2043 12,128 231 12,359 3,145 1,060 7,300 11,505 853 11,530 12,384 2.88 2044 13,019 248 13,267 2,971 954 8,500 12,425 842 12,384 13,225 3.32 2045 13,957 265 14,222 2,904 849 7,625 11,377 2,844 13,225 16,070 3.72 2046 14,946 321 15,267 2,831 749 - 3,580 11,687 16,070 27,757 4.18 Totals 167,129 3,104 170,233 50,419 17,532 74,525 142,476 27,757 - 27,757 of total 98.2% 1.8% 35.4% 12.3% 52.3% Source: GEL Oregon, Inc. Tigard Triangle Financial Report-October 2019 Page 12 of 20 Debt Amortization by Fiscal Year Debt Issued 2020-2023 Amounts in thousands Amount borrowed(millions) 3.0 4.0 2.2 2.5 Annual Debt Service 2020 2021 2022 2023 Tota I HE debt Outstanding June 30, service Principal Interest debtbalance Principal Interest Balance Principal Interest Balance Principal Interest Balance Principal Interest Balance 2020 129 77 53 2,923 76.9 52.5 2,923 2021 431 260 171 6,663 157.8 101.0 2,765 102.5 70.0 3,897 2022 699 430 268 8,433 163.4 95.4 2,602 210.4 134.6 3,687 56.4 38.5 2,144 2023 901 567 335 10,366 169.2 89.6 2833 217.9 127.2 3,469 115.7 74.0 2,028 64.1 43.8 2,436 2024 1,117 716 401 12,150 175.2 83.6 2,258 225.6 119.5 3,244 119.8 69.9 1,908 131.5 84.1 2,304 2025 1,225 807 418 11,343 181.3 77.4 2,076 233.6 111.5 3,010 124.1 65.7 1,784 136.2 79.5 2,168 2026 1,376 925 451 13,918 187.7 71.0 1,888 241.8 103.2 2,768 128.5 61.3 1,656 141.0 74.7 2,027 2027 1,527 1,049 478 12,869 194.4 64.4 1,694 250.3 94.7 2,518 133.0 56.8 1,523 146.0 69.7 1,881 2028 1,807 1,252 555 18,117 201.2 57.5 1,493 259.2 85.9 2,259 137.7 52.1 1,385 151.1 64.5 1,730 2029 2,087 1,466 621 16,651 208.3 50.5 1,285 268.3 76.7 1,990 142.5 47.2 1,242 156.4 59.2 1,574 2030 2,260 1,620 640 19,030 215.7 43.1 1,069 277.8 67.3 1,713 147.6 42.2 1,095 162.0 53.7 1,412 2031 2,433 1,782 651 17,248 223.3 35.5 846 287.6 57.4 1,425 152.8 37.0 942 167.7 48.0 1,244 2032 2,627 1,960 666 19,788 231.2 27.6 614 297.8 47.3 1,127 158.2 31.6 784 173.6 42.1 1,070 2033 2,821 2,147 674 17,642 239.4 19.4 375 308.3 36.8 819 163.8 26.0 620 179.7 35.9 891 2034 3,123 2,402 721 22,240 247.8 11.0 127 319.2 25.9 500 169.6 20.2 450 186.1 29.6 705 2035 3,295 2,540 755 19,700 127.2 2.2 - 0 330.4 14.6 170 175.5 14.2 275 192.7 23.0 512 2036 3,230 2,466 764 22,733 - - - 0 169.6 3.0 - 0 181.7 8.1 93 199.5 16.2 312 2037 3,200 2,426 774 20,307 - - - 0 - - - 0 93.3 1.6 - 0 206.5 9.2 106 2038 3,192 2,423 768 22,384 - - - 0 - - - 0 - - - 0 106.0 1.9 - 0 Debt Amortization by Fiscal Year Debt Issued 2024-2027 Amounts in thousands Amount borrowed(millions) 2.5 - 3.5 Annual Debt Service 2024 2025 2026 2027 Tota I HE debt Outstanding June 30, service Principal Interest debt balance Principal Interest Balance Principal Interest Balance Principal Interest Balance Principal Interest Balance 2024 1,117 716 401 12,150 64.1 43.8 2,436 2025 1,225 807 418 11,343 131.5 84.1 2,304 - - - 2026 1,376 925 451 13,918 136.2 79.5 2,168 - - - 89.7 61.3 3,410 2027 1,527 1,049 478 12,869 141.0 74.7 2,027 - - - 184.1 117.8 3,226 - - - 2028 1,807 1,252 555 18,117 146.0 69.7 1,881 - - - 190.6 111.3 3,036 - - - 2029 2,087 1,466 621 16,651 151.1 64.5 1,730 - - - 197.4 104.5 2,838 - - - 2030 2,260 1,620 640 19,030 156.4 59.2 1,574 - - - 204.4 97.5 2,634 - - - 2031 2,433 1,782 651 17,248 162.0 53.7 1,412 - - - 211.6 90.3 2,422 - - - 2032 2,627 1,960 666 19,788 167.7 48.0 1,244 - - - 219.0 82.9 2,203 - - - 2033 2,821 2,147 674 17,642 173.6 42.1 1,070 - - - 226.8 75.1 1,976 - - - 2034 3,123 2,402 721 22,240 179.7 35.9 891 - - - 234.8 67.1 1,742 - - - 2035 3,295 2,540 755 19,700 186.1 29.6 705 - - - 243.0 58.9 1,499 - - - 2036 3,230 2,466 764 22,733 192.7 23.0 512 - - - 251.6 50.3 1,247 - - - 2037 3,200 2,426 774 20,307 199.5 16.2 312 - - - 260.5 41.4 986 - - - 2038 3,192 2,423 768 22,384 206.5 9.2 106 - - - 269.7 32.2 717 - - - 2039 3,170 2,408 762 19,975 106.0 1.9 - 0 - - - 279.3 22.6 437 - - - 2040 3,472 2,627 845 26,848 - - - 0 - - - 289.1 12.8 148 - - - 2041 4,033 2,996 1,036 30,852 - - - 0 - - - 148.4 2.6 - 0 - - - Source:GEL Oregon, Inc. Tigard Triangle Financial Report-October 2019 Page 13 of 20 Debt Amortization by Fiscal Year Debt Issued 2028-2031 Amounts in thousands Amount borrowed(millions) 6.5 - 4.0 - AnnualDebtService 2028 2029 2030 2031 Tota I HE debt Outstanding June 30, service Principal Interest debt balance Principal Interest Balance Principal Interest Balance Principal Interest Balance Principal Interest Balance 2028 1,807 1,252 555 18,117 166.6 113.8 6,333 2029 2,087 1,466 621 16,651 342.0 218.7 5,991 - - - 2030 2,260 1,620 640 19,030 354.1 206.6 5,637 - - - 102.5 70.0 3,897 2031 2,433 1,782 651 17,248 366.5 194.2 5,271 - - - 210.4 134.6 3,687 - - - 2032 2,627 1,960 666 19,788 379.5 181.2 4,891 - - - 217.9 127.2 3,469 - - - 2033 2,821 2,147 674 17,642 392.9 167.8 4,498 - - - 225.6 119.5 3,244 - - - 2034 3,123 2,402 721 22,240 406.8 153.9 4,092 - - - 233.6 111.5 3,010 - - 2035 3,295 2,540 755 19,700 421.1 139.6 3,671 - - - 241.8 103.2 2,768 - - - 2036 3,230 2,466 764 22,733 436.0 124.7 3,234 - - - 250.3 94.7 2,518 - - - 2037 3,200 2,426 774 20,307 451.4 109.3 2,783 - - - 259.2 85.9 2,259 - - - 2038 3,192 2,423 768 22,384 467.3 93.3 2,316 - - - 268.3 76.7 1,990 - - - 2039 3,170 2,408 762 19,975 483.9 76.8 1,832 - - - 277.8 67.3 1,713 - - - 2040 3,472 2,627 845 26,848 501.0 59.7 1,331 - - - 287.6 57.4 1,425 - - - 2041 4,033 2,996 1,036 30,852 518.6 42.1 812 - - - 297.8 47.3 1,127 - - - 2042 4,335 3,221 1,114 31,131 536.9 23.8 275 - - - 308.3 36.8 819 - - - 2043 4,205 3,145 1,060 27,986 275.5 4.8 - 0 - - - 319.2 25.9 500 - - - 2044 3,925 2,971 954 25,015 - - - 0 - - - 330.4 14.6 170 - - - 2045 3,752 2,904 849 22,111 - - - 0 - - - 169.6 3.0 - 0 - - - Debt Amortization by Fiscal Year Debt Issued 2032-2035 Amounts in thousands Amount borrowed(millions) 4.5 - 7.0 - AnnualDebtService 2032 2033 2034 2035 Tota I FYE debt Outstanding June 30, service Principal Interest debt balance Principal Interest Balance Principal Interest Balance Principal Interest Balance Principal Interest Balance 2032 2,627 1,960 666 19,788 115.3 78.8 4,385 2033 2,821 2,147 674 17,642 236.7 151.4 4,148 - - - 2034 3,123 2,402 721 22,240 245.1 143.1 3,903 - - - 179.4 122.5 6,821 2035 3,295 2,540 755 19,700 253.8 134.4 3,649 - - - 368.3 235.6 6,452 - - - 2036 3,230 2,466 764 22,733 262.8 125.4 3,386 - - - 381.3 222.5 6,071 - - 2037 3,200 2,426 774 20,307 272.0 116.1 3,114 - - - 394.7 209.1 5,676 - - - 2038 3,192 2,423 768 22,384 281.6 106.6 2,833 - - - 408.7 195.1 5,268 - - - 2039 3,170 2,408 762 19,975 291.6 96.6 2,541 - - - 423.1 180.7 4,844 - - - 2040 3,472 2,627 845 26,848 301.9 86.3 2,239 - - - 438.1 165.8 4,406 - - - 2041 4,033 2,996 1,036 30,852 312.5 75.7 1,927 - - - 453.5 150.3 3,953 - - - 2042 4,335 3,221 1,114 31,131 323.5 64.6 1,603 - - - 469.6 134.3 3,483 - - - 2043 4,205 3,145 1,060 27,986 335.0 53.2 1,268 - - - 486.1 117.7 2,997 - - - 2044 3,925 2,971 954 25,015 346.8 41.4 921 - - - 503.3 100.5 2,494 - - - 2045 3,752 2,904 849 22,111 359.1 29.1 562 - - - 521.1 82.7 1,973 - - - 2046 3,580 2,831 749 19,281 371.7 16.5 191 - - - 539.5 64.3 1,433 - - - 2047 3,386 2,736 649 16,545 190.8 3.3 - 0 - - - 558.5 45.3 875 - - - 2048 3,192 2,635 556 13,909 - - - 0 - - - 578.2 25.6 297 - - - 2049 2,890 2,427 463 11,483 - - - 0 - - - 296.7 5.2 - 0 - - - Source: GEL Oregon, Inc. Tigard Triangle Financial Report-October 2019 Page 14 of 20 Debt Amortization by Fiscal Year Debt Issued 2036-2039 Amounts in thousands Amount borrowed(millions) 5.5 - 4.5 - AnnualDebtService 2036 2037 2038 2039 Tota I HE debt Outstanding June 30, service Principal Interest debt balance Principal Interest Balance Principal Interest Balance Principal Interest Balance Principal Interest Balance 2036 3,230 2,466 764 22,733 141.0 96.3 5,359 2037 3,200 2,426 774 20,307 289.4 185.1 5,070 - - - 2038 3,192 2,423 768 22,384 299.6 174.8 4,770 - - - 115.3 78.8 4,385 2039 3,170 2,408 762 19,975 310.1 164.3 4,460 - - - 236.7 151.4 4,148 - - - 2040 3,472 2,627 845 26,848 321.1 153.3 4,139 - - - 245.1 143.1 3,903 - - - 2041 4,033 2,996 1,036 30,852 332.5 142.0 3,806 - - - 253.8 134.4 3,649 - - - 2042 4,335 3,221 1,114 31,131 344.2 130.2 3,462 - - - 262.8 125.4 3,386 - - - 2043 4,205 3,145 1,060 27,986 356.3 118.1 3,106 - - - 272.0 116.1 3,114 - - - 2044 3,925 2,971 954 25,015 368.9 105.5 2,737 - - - 281.6 106.6 2,833 - - - 2045 3,752 2,904 849 22,111 381.9 92.5 2,355 - - - 291.6 96.6 2,541 - - - 2046 3,580 2,831 749 19,281 395.4 79.0 1,960 - - - 301.9 86.3 2,239 - - 2047 3,386 2,736 649 16,545 409.4 65.0 1,550 - - - 312.5 75.7 1,927 - - - 2048 3,192 2,635 556 13,909 423.9 50.5 1,126 - - - 323.5 64.6 1,603 - - - 2049 2,890 2,427 463 11,483 438.8 35.6 687 - - - 335.0 53.2 1,268 - - - 2050 2,588 2,205 383 9,278 454.3 20.1 233 - - - 346.8 41.4 921 - - - 2051 2,351 2,046 305 7,232 233.1 4.1 - 0 - - - 359.1 29.1 562 - - - 2052 2,113 1,877 237 5,356 - - - 0 - - - 371.7 16.5 191 - - - 2053 1,919 1,749 170 3,607 - - - 0 - - - 190.8 3.3 - 0 - - - Debt Amortization by Fiscal Year Debt Issued 2040-2043 Amounts in thousands Amount borrowed(millions) 9.5 7.0 3.5 Annual Debt Service 2040 2041 2042 2043 Total FYE debt Outstanding June 30, service Principal Interest debtbalance Principal Interest Balance Principal Interest Balance Principal Interest Balance Principal Interest Balance 2040 3,472 2,627 845 26,848 243 166 9,257 2041 4,033 2,996 1,036 30,852 500 320 8,757 179 123 6,821 2042 4,335 3,221 1,114 31,131 517 302 8,239 368 236 6,452 90 61 3,410 2043 4,205 3,145 1,060 27,986 536 284 7,704 381 223 6,071 184 118 3,226 2044 3,925 2,971 954 25,015 555 265 7,149 395 209 5,676 191 111 3,036 2045 3,752 2,904 849 22,111 574 245 6,575 409 195 5,268 197 105 2,838 2046 3,580 2,831 749 19,281 595 225 5,980 423 181 4,844 204 98 2,634 2047 3,386 2,736 649 16,545 616 204 5,365 438 166 4,406 212 90 2,422 - - - 2048 3,192 2,635 556 13,909 637 182 4,727 454 150 3,953 219 83 2,203 2049 2,890 2,427 463 11,483 660 160 4,068 470 134 3,483 227 75 1,976 - - - 2050 2,588 2,205 383 9,278 683 136 3,385 486 118 2,997 235 67 1,742 2051 2,351 2,046 305 7,232 707 112 2,677 503 101 2,494 243 59 1,499 2052 2,113 1,877 237 5,356 732 87 1,945 521 83 1,973 252 50 1,247 - - - 2053 1,919 1,749 170 3,607 758 61 1,187 539 64 1,433 261 41 986 - - - 2054 1,725 1,613 112 1,994 785 35 403 559 45 875 270 32 717 - - 2055 1,315 1,260 55 734 403 7 - 0 578 26 297 279 23 437 - - - 2056 604 586 18 148 - - - 0 297 5 - 0 289 13 148 - - - 2057 151 148 3 - 0 - - - 0 - - - 0 148 3 - 0 - - - Source: GEL Oregon, Inc. Tigard Triangle Financial Report-October 2019 Page 15 of 20 Projected Incremental Assessed Value, Tax Rates, and Tax Increment Revenues The following schedule shows the projected assessed value, incremental assessed value, tax rates and property tax levy each year. Adjustments to the levy for discounts, delinquencies, and compression losses is included in the financial forecast for the Debt Service Fund.The first year of property tax collections is estimated to occur in fiscal year 2019-2020. Gross property taxes are calculated by multiplying the consolidated tax rate of the permanent operating tax rates of the overlapping taxing jurisdictions times the value above the frozen base established in 2018. The frozen base was adjusted in fiscal year 2020 to $424,744,405, an increase of$147,498 (0.0347%). The consolidated tax rate utilized in the forecast includes the permanent tax rates of the overlapping taxing jurisdictions within the urban renewal area,with the exception of the Tualatin Soil and Water Conservation District(TSWCD). TSWCD has a permanent tax rate of$0.0900 per$1,000 AV.TSWCD has levied less than its permanent rate, $0.0825 fiscal year 2020, $0.0691 fiscal year 2019, $0.0779 fiscal year 2018, and $0.0000 fiscal years 2015- 2017.There are no general obligation bonds or local option levies that are applicable, therefore these types of levies are not impacted by the Plan. In 2009,State legislation implemented revenue sharing to urban renewal. At thresholds defined in ORS 457.470,the impacted taxing jurisdictions will receive a share of the incremental growth in the urban renewal area.The share is proportional to the tax rate of each taxing jurisdiction to the total tax rates of all overlapping taxing jurisdictions. The first threshold is ten percent (10%) of the original maximum indebtedness. At the 10%threshold,the Agency will receive the full 10%of the initial maximum indebtedness plus 25%of the increment above the 10%threshold and the taxing jurisdictions will receive 75%of the increment above the 10%threshold.The second threshold is set at 12.5%of the maximum indebtedness. If this threshold is met, revenue for the district would be capped at 12.5%of the maximum indebtedness, with all additional tax revenue being shared with affected taxing districts. The 10.0%threshold is projected to be reached in fiscal year 2049 and the 12.5%threshold in fiscal year 2053. If assessed value in the Area grows more quickly than projected, the revenue sharing triggers will be triggered sooner. Tigard Triangle Financial Report—October 2019 Page 16 of 20 Projected Incremental Assessed Value,Tax Rates, and Tax Increment Revenues Fiscal Years 2020-2057 Amounts in thousands, except for tax rate and projected levy Ending TAV(000's) ORS Fiscal Year 457.470(c) Ending June Frozen Base Beginning Total Ending Total Incremental Combined Tax limitation 30, (000's) TAV(000'5) Real Personal Utilities TAV TAV Rate Projected Levy (0005) 2019 424,744 387,861 36,160 7 424,027 - 11.9692 - 23,500 2020 424,744 424,027 408,879 36,521 20,007 465,407 40,663 11.9692 486,700 23,500 2021 424,744 465,407 433,185 36,954 20,807 490,946 66,201 11.9692 792,374 23,500 2022 424,744 490,946 458,194 35,612 21,639 515,444 90,700 11.9692 1,085,606 23,500 2023 424,744 515,444 482,937 35,968 22,505 541,409 116,665 11.9692 1,396,386 23,500 2024 424,744 541,409 509,015 36,328 23,405 568,747 144,003 11.9692 1,723,600 23,500 2025 424,744 568,747 536,501 36,691 24,341 597,532 172,788 11.9692 2,068,134 23,500 2026 424,744 597,532 565,473 37,058 25,315 627,845 203,101 11.9692 2,430,956 23,500 2027 424,744 627,845 596,009 37,429 26,327 659,764 235,020 11.9692 2,813,001 23,500 2028 424,744 659,764 628,193 37,803 27,381 693,376 268,632 11.9692 3,215,310 23,500 2029 424,744 693,376 662,116 38,181 28,477 728,773 304,029 11.9692 3,638,983 23,500 2030 424,744 728,773 697,870 38,563 29,617 766,049 341,305 11.9692 4,085,147 23,500 2031 424,744 766,049 735,555 38,948 30,801 805,303 380,559 11.9692 4,554,986 23,500 2032 424,744 805,303 775,275 39,337 32,033 846,644 421,900 11.9692 5,049,805 23,500 2033 424,744 846,644 817,140 39,731 33,315 890,185 465,441 11.9692 5,570,956 23,500 2034 424,744 890,185 861,265 40,128 34,647 936,039 511,295 11.9692 6,119,792 23,500 2035 424,744 936,039 907,774 40,529 36,033 984,335 559,591 11.9692 6,697,856 23,500 2036 424,744 984,335 956,793 40,934 37,475 1,035,201 610,457 11.9692 7,306,682 23,500 2037 424,744 1,035,201 1,008,460 41,343 38,975 1,088,777 664,033 11.9692 7,947,943 23,500 2038 424,744 1,088,777 1,062,916 41,756 40,535 1,145,206 720,462 11.9692 8,623,353 23,500 2039 424,744 1,145,206 1,120,314 42,174 42,157 1,204,644 779,900 11.9692 9,334,779 23,500 2040 424,744 1,204,644 1,180,811 42,596 43,843 1,267,249 842,505 11.9692 10,084,110 23,500 2041 424,744 1,267,249 1,244,575 43,022 45,597 1,333,193 908,449 11.9692 10,873,407 23,500 2042 424,744 1,333,193 1,311,782 43,453 47,421 1,402,655 977,911 11.9692 11,704,812 23,500 2043 424,744 1,402,655 1,382,619 43,888 49,317 1,475,823 1,051,079 11.9692 12,580,574 23,500 2044 424,744 1,475,823 1,457,280 44,327 51,289 1,552,895 1,128,151 11.9692 13,503,065 23,500 2045 424,744 1,552,895 1,535,973 44,770 53,341 1,634,083 1,209,339 11.9692 14,474,820 23,500 2046 424,744 1,634,083 1,618,915 45,218 55,475 1,719,607 1,294,863 11.9692 15,498,474 23,500 2047 424,744 1,719,607 1,706,337 45,670 57,695 1,809,701 1,384,957 11.9692 16,576,827 23,500 2048 424,744 1,809,701 1,798,479 46,127 60,003 1,904,608 1,479,864 11.9692 17,712,788 23,500 2049 424,744 1,904,608 1,895,597 46,588 62,403 2,004,587 1,579,843 11.9692 18,909,456 23,500 2050 424,744 2,004,587 1,997,959 47,054 64,899 2,109,911 1,685,167 11.9692 20,170,100 23,500 2051 424,744 2,109,911 2,105,849 47,525 67,495 2,220,868 1,796,124 11.9692 21,498,167 23,500 2052 424,744 2,220,868 2,219,565 48,001 70,195 2,337,760 1,913,016 11.9692 22,897,271 23,500 2053 424,744 2,337,760 2,339,421 48,481 73,003 2,460,904 2,036,160 11.9692 23,500,000 23,500 2054 424,744 2,460,904 2,465,750 48,966 75,923 2,590,638 2,165,894 11.9692 23,500,000 23,500 2055 424,744 2,590,638 2,598,901 49,456 78,959 2,727,315 2,302,571 11.9692 23,500,000 23,500 2056 424,744 2,727,315 2,739,242 49,951 82,117 2,871,309 2,446,565 11.9692 23,500,000 23,500 2057 424,744 2,871,309 2,887,161 50,451 85,401 3,023,012 2,598,268 11.9692 23,500,000 23,500 Source: GEL Oregon, Inc. Notes: TIF is tax increment revenues. Tax rates are expressed in terms of dollars per$1,000 of assessed value. Tigard Triangle Financial Report-October 2019 Page 17 of 20 IMPACT OF THE TAX INCREMENT FINANCING This section describes the impact of tax increment financing of the maximum indebtedness, both until and after the indebtedness is repaid, upon all entities levying taxes upon property in the Area. The impact of tax increment financing on overlapping taxing districts consists primarily of the property tax revenues foregone on permanent rate levies as applied to the growth in assessed value in the Area. These projections are for impacts estimated through fiscal year 2046, and are shown below,with the exception of Tualatin Soil and Water Conservation District, as TSWCD's rate has been excluded from the financial projections. The Tigard-Tualatin School District and the Northwest Regional Education Service District are not directly affected by the tax increment financing, however,the amounts of their taxes divided for the urban renewal plan are shown in the following tables. Under current school funding law, property tax revenues are combined with State School Fund revenues to achieve per-student funding targets. Under this system, property taxes foregone, due to the use of tax increment financing, may be replaced with State School Fund revenues, as determined by a funding formula at the State level. Local revenues, including property tax revenues, are an offset under the State School Fund formula. General obligation bonds and local option levies are impacted by urban renewal only if they were originally approved by voters in an election prior to October 6, 2001.There are no local option levies or general obligation bonds approved prior to October 6, 2001 that are in effect in the Area at the time tax increment revenues are collected. Tigard Triangle Financial Report—October 2019 Page 18 of 20 Projected Impact on Taxing District Permanent Rate Levies -General Government Fiscal Years 2019-2046 Fiscal Year Washington Port of Tigard/Tualat Tota l General City of Tigard TVFR Metro in Aquatic Ending June County Portland Government District 30, 2019 $ - $ - $ - $ - $ - $ - $ - 2020 102,189 91,426 62,019 2,850 3,928 3,660 266,072 2021 166,370 148,847 100,970 4,641 6,395 5,958 433,180 2022 227,938 203,930 138,336 6,358 8,762 8,163 593,486 2023 293,191 262,310 177,937 8,178 11,270 10,500 763,386 2024 361,894 323,776 219,633 10,095 13,911 12,960 942,269 2025 434,233 388,496 263,536 12,112 16,691 15,551 1,130,621 2026 510,413 456,652 309,770 14,237 19,620 18,279 1,328,971 2027 590,629 528,419 358,452 16,475 22,703 21,152 1,537,830 2028 675,099 603,992 409,717 18,831 25,950 24,177 1,757,766 2029 764,055 683,579 463,705 21,312 29,369 27,363 1,989,383 2030 857,734 767,390 520,558 23,925 32,970 30,717 2,233,295 2031 956,383 855,649 580,429 26,677 36,762 34,250 2,490,150 2032 1,060,277 948,600 643,482 29,575 40,756 37,971 2,760,660 2033 1,169,700 1,046,497 709,891 32,627 44,962 41,890 3,045,566 2034 1,284,935 1,149,596 779,827 35,842 49,391 46,017 3,345,607 2035 1,406,308 1,258,184 853,488 39,227 54,056 50,363 3,661,628 2036 1,534,139 1,372,551 931,069 42,793 58,970 54,941 3,994,464 2037 1,668,781 1,493,012 1,012,783 46,549 64,146 59,763 4,345,033 2038 1,810,593 1,619,887 1,098,849 50,504 69,597 64,842 4,714,271 2039 1,959,967 1,753,527 1,189,503 54,671 75,338 70,191 5,103,197 2040 2,117,299 1,894,288 1,284,989 59,060 81,386 75,825 5,512,847 2041 2,283,023 2,042,557 1,385,566 63,682 87,756 81,760 5,944,345 2042 2,457,588 2,198,735 1,491,510 68,552 94,466 88,012 6,398,863 2043 2,641,467 2,363,246 1,603,106 73,681 101,534 94,597 6,877,630 2044 2,835,156 2,536,535 1,720,656 79,083 108,979 101,534 7,381,943 2045 3,039,190 2,719,078 1,844,484 84,775 116,822 108,841 7,913,189 2046 3,254,120 2,911,370 1,974,925 90,770 125,084 116,538 8,472,806 $ 33,208,551 $ 29,710,759 $ 20,154,265 $ 926,312 $ 1,276,490 $ 1,189,277 $ 86,465,652 Source: GEL Oregon, Inc Tigard Triangle Financial Report-October 2019 Page 19 of 20 Projected Impact on Taxing District Permanent Rate Levies-Education and Total Fiscal Years 2019-2046 Fiscal Year NW Regional Tigard-Tualatin PCC ESD SD Total Education Total Ending June 30, 2019 $ - $ - $ - $ - $ - 2020 11,499 6,254 202,874 220,627 486,699 2021 18,722 10,182 330,291 359,195 792,376 2022 25,650 13,950 452,520 492,120 1,085,607 2023 32,993 17,943 582,065 633,001 1,396,387 2024 40,724 22,148 718,460 781,332 1,723,601 2025 48,864 26,575 862,074 937,513 2,068,132 2026 57,437 31,237 1,013,311 1,101,985 2,430,956 2027 66,464 36,146 1,172,562 1,275,172 2,813,002 2028 75,969 41,316 1,340,259 1,457,544 3,215,310 2029 85,979 46,760 1,516,861 1,649,600 3,638,983 2030 96,521 52,493 1,702,839 1,851,853 4,085,147 2031 107,622 58,530 1,898,685 2,064,837 4,554,987 2032 119,313 64,888 2,104,943 2,289,144 5,049,805 2033 131,627 71,585 2,322,178 2,525,390 5,570,957 2034 144,594 78,637 2,550,953 2,774,184 6,119,792 2035 158,252 86,065 2,791,911 3,036,228 6,697,854 2036 172,637 93,888 3,045,692 3,312,217 7,306,680 2037 187,789 102,128 3,312,993 3,602,910 7,947,944 2038 203,747 110,807 3,594,529 3,909,083 8,623,355 2039 220,556 119,949 3,891,077 4,231,582 9,334,779 2040 238,260 129,577 4,203,426 4,571,263 10,084,110 2041 256,909 139,719 4,532,434 4,929,062 10,873,406 2042 276,553 150,403 4,878,993 5,305,949 11,704,812 2043 297,245 161,656 5,244,043 5,702,944 12,580,575 2044 319,041 173,510 5,628,571 6,121,122 13,503,065 2045 342,001 185,996 6,033,634 6,561,631 14,474,821 2046 366,187 199,150 6,460,330 7,025,667 15,498,474 $ 3,736,968 $ 2,032,342 $ 65,928,178 $ 71,697,488 $ 158,163,142 Source: GEL Oregon, Inc. Tigard Triangle Financial Report-October 2019 Page 20 of 20 To:Town Center Development Agency From:Town Center Advisory Commission Re: New Tigard Triangle: Equitable Urban Renewal implementation Strategy The New Tigard Triangle: Equitable Urban Renewal Implementation Strategy is a result of extensive public outreach,the work of the New Tigard Triangle sub-committee and input from the TCAC. The effort was guided by the Leland Consulting Group in conjunction with other key consultants. Their analysis has resulted in a prioritized iMplementation and action plan that balances the aspirations! criteria of equitable development with the practical considerations of what needs to happen to enable that development. The TCAC supports the New Tigard Triangle;Equitable Vrb?n Renewal Implementation Strategy and the underlying implementation and action plan as a living plan that will be re-evaluated and updated on a regular basis. One concern that we would like to highlight is land acquisition by the city: Land in the Tigard Triangle is going to become increasingly expensive and difficult to acquire, especially if the Southwest Corridor project is funded. So, we would like to see land acquisition prioritized in the implementation plan. 1. Parks: While we understand that a large piece of land is currently under consideration for a park,we would like to see additional land for parks. As the housing density increases, it becomes critical to have small neighborhood parks in addition to the large city park. This could be supported by other sources of funding such as a Land & Water Conservation-rant. 2. Roads and road improvements: Any land required for new or improved roads should be prioritized. For example, improvements to 72"d from 99W to Dartmouth are planned but that creates additional traffic issues as it will not extend all the way to 217. Acquiring the land to make the south end improvements early in the plan would reduce the cost of making these improvements We look forward to working with the TCDA and City staff to implement the Tigard Triangle strategy in the coming years. Kate Rogers Chair,Town Center Advisory Commission 40 I 1 ©; A New Tigard Triangle PLANNING FOR EQUITABLE DEVELOPMENT X Board of the Town Center Development Agency- December 3, 2019 Purpose Equitable Urban Renewal . ► Implementation Strategy • Phased Action Plan: Prioritized, budgeted list of urban renewal projects over time Meeting Purpose • Provide an Overview of the Process • Equitable Evaluation Criteria "U" �_* 4 • Review Results VARN�s= • Revised Phased Project List What is Equitable Development? Equitable development is a development strategy that ensures that local residents and businesses have the opportunity to benefit from an area's economic transformation by dismantling barriers and expanding opportunities. J Tigard Triangle Urban Renewal Projects ir sip* r r AV A Transportation Utilities 16 Projects 5 Projects tAAJt Public Spaces, Facilities, Re/Development and Installations Assistance & Partnerships Broad Funding Bucket Broad Funding Bucket a . I � 01 *" „" Safe, walkable streets Highway overpass OR 217, 1-5) Sig " a riding ;a 1 \ ? Tw , Bike/ped, traffic improvements,trails Affordable housing, mixed-use Public art !� Parks and community spaces Infrastructure Small business assistance 0 Project Timeline • A New Tigard Triangle JP,ANNING FOR EQUITABLE UEVELOPMEN Phase 1 Phase 2 Public Public Public TCAC Sub. TCAC Design, cost estimating, property& redevelopment Meeting Meeting Meeting TAC Mtg. Mtg. consulting, continued public engagement Focus Groups, TCAC Final Project Stakeholder Subcommittee Implementation Add'I Public Kickoff Interviews Meeting Strategy & Plan Mtgs Meeting Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb 2018 2019 2020 Criteria Optimization Development Portfolio Report Back & Refinements Phase 2 Modeling Project Process Tigard Triangle Established Modeled Next Steps: Evaluated Developed Scored Developed Detailed projects Financial Projects for Design, Evaluation Urban Against Constraints Optimized Early Criteria Renewal Criteria (Budget) Project Project Project List Imp. Portfolio Community Engagement • Focus groups • Community meetings , ` µ • Stakeholders interviews • TCAC Subcommittee • TCAC ,a f N - U fA Equitable Development Criteria • Supports the preservation and creation of affordable housing. • Improves environmental conditions and builds infrastructure capacity • Supports the development of welcoming and safe public gathering spaces for every member of the broader community. • Reduces residential and business displacement and prevents gentrification. • Supports the development of a healthy, safe and sustainable regional destination known for its diversity of activities, people, and character. • Supports a safe and effective multimodal transportation network that improves access and connectivity, supports mixed-use development, and supports the most vulnerable users. • Advances equitable economic opportunity through development assistance. Phased Investment Strategy • Atlanta St. New Street Phase 1 Atlanta St/68tt' Ave Modified Regional Stormwater Facility Opportunistic Improvements • Hwy 99W Modified Street Intersection 72nd Modified Street Phase 2 a (mod and major) • Park Investments (Minor and � • Red Rock Creek Trail Ph1 & (south of Dartmouth) 99W/68th Mod. Intersection Moderate-acquisition, design, Sewer Storm some rovements Affordable Housin Investments a / p g � Park Investments (minor) "�� l,; etc.) $ • Regional Stormwater Facility (major) r ' • Atlanta Ave New Street Ph 2 • Affordable Housing Affordable Housing Investments Opportunistic Investments Parking Management Plan Investments (minor- land ��moderate) (minor) � `• Regional Stormwater Facility acquisition, etc.) Septic System Upgrades (sewer Park Investments (Minor, Major- • 72nd Ave Mod Street (217 • Opportunistic Improvementp improvements) development) Overpass) � (minor) � Opportunistic Improvements Overpasses 3 (Hwy 217, I-5 at • 72nd Ave Modified Street (mod) Beveland Red Rock Creek) (N of Dartmouth) Affordable Housing • Transportation Study Investments (mod and major) • Red Rock Creek Trail Ph 2 and 3 Opportunistic Investments: Sit- ossemblylocquisition74it' Ave New Street Infrastructure • assistance 99W/Hwy 217 Mod Small business Other investmentsInterchange Streets& ••- 1 1 2025 2030 2035 onwards Key Findings/Recommendations • Continue to update plan • Engage community and build leadership • Coordinate with TriMet and ODOT • Produce development assistance guidelines; market to development community • Identify outside funding sources • Leverage existing/upcoming regional projects • Invest early in affordable housing & parks • Scale up investments for opportunistic improvements PROJECTS • Implementation 2020 2021 2022 2023 2024 2025+ Urban Projects Matrix Atlanta Street New Street Phase 1 Hwy 99W Modified Street Affordable Housing Investment Transportation Study Park Investments 72"0 Ave Modified Street(N of Dartmouth) Opportunistic Investments Atlanta Street&68" Modified Intersection Red Rock Creek Sewer/Storm &Trail (Ph1) Regional Stormwater Facility Septic System Sewer Upgrades Development Assistance Guidelines Market to Developmert Community Identify Outside Fundirg Sources Coordinate with TriMet, ODOT, &CWS Engage Community& Build Leadership Continue to Update Implementation Plan Explore Opportunities for Lard Acquisition I mplement Actions from the Strategic Plan Engage Sigrificant Property Owrers Legend Study; Desigr arc Engineering Implement Program or Build Improvement Conti rue; Orgoirg Action A New Tigard Triangle Next SPhase 2 � . ,NING F( IABt F Concepts and Design : • Atlanta Street Concept Plan • SW 70th Avenue New Street Concept Plan and Design • Park Concept Plan Program Development • Development Assistance and Business Assistance Program Development Assistance • Affordable Housing & Mixed-use Project Assistance • A New Tigard Triangle Project Timeline ® I PLANNING FOR EQUITABLE DEVELOPML Phase 1 Phase 2 Public Public Public TCAC Sub. TCAC Design, cost estimating, property& redevelopment Meeting Meeting Meeting TAC Mtg. Mtg. consulting, continued public engagement Focus Groups, TCAC Final Project Stakeholder Subcommittee Implementation TCAC Public Kickoff Interviews Meeting Strategy & Plan Endorsement Meeting Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb 2018 2019 2020 Optimization Criteria Portfolio Report Back& Refinements Phase 2 Development Modeling C:: March-June 2020: Adopt top-ranked projects into TCDA budget, workplan, and CIP AIS-4019 13. Business Meeting One Meeting Date: 12/03/2019 Length (in minutes): 15 Minutes Agenda Title: Receive Update on the Performance Audit Implementation Plan Prepared For: Nicole Hendrix, City Management Submitted By: Nicole Hendrix, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Receive and discuss the Performance Audit Implementation Plan. The Performance Audit Implementation Plan was developed by staff in response to Council direction from the performance audit results presentation by Matrix in October 2019. STAFF RECOMMENDATION / ACTION REQUEST City Council is asked to review the Performance Audit Implementation Plan and direct staff to move forward with implementing the recommendations and measures identified in the performance audit. KEY FACTS AND INFORMATION SUMMARY The development of the Performance Audit Implementation Plan is the first step in responding to the recommendations and measures identified in the Matrix Consulting performance audit. The City Manager's Office met with departments in October and November of 2019 to supplement the final recommendations and measures with department-defined priority levels, timeframes for implementation, budget estimates, and narratives. These conversations informed the content of the implementation plan. The plan organizes the recommendations and measures by department. Further, the recommendations are ordered first by soonest timeframe then by priority level as identified by department. This structure creates a pipeline of projects for departments to complete. The performance audit recommendations and measures will be incorporated into department work plans scheduled to begin in 2020. The Audit Committee will review the progress of the audit implementation annually to ensure implemention of the recommendations and measures. OTHER ALTERNATIVES Edit the Performance Audit Implementation Plan to reflect Council feedback if any additional comments arise. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS This project aligns with Council Goal 1 to, "ensure the City's continued financial stability and sustainability while providing mandated services. Seek ways to fund and increase services valued by the community". Additionally, there are multiple recommendations and measures in the audit that address strategies within Council Goal 1; such as, Strategy 1.1 "Develop and implementation a communications plan..." DATES OF PREVIOUS COUNCIL CONSIDERATION 10/01/2019 - Performance Audit Final Presentation by Matrix 01/19/2019 - Council Award of Performance Audit Review Contract 06/18/2018 - Council Suggestion to Undertake a Performance Audit Fiscal Impact Fiscal Information: Each recommendation within the Implementation Plan identifies if there is a fiscal impact associated with implementation and if so, a budget estimate is provided. Attachments Presentation-Audit Implementation Plan Audit Implementation Plan CITY OF ' 1 Respect • Care Do the Right Thing G e t it Done ■ Performance Audit Implementation Plan Tigard City Council ( December 3, 2019 Purpose To establish context and create guidance for implementing audit findings by incorporating staff knowledge to the Matrix recommendations and measures. Background / Identified and met with department teams responsible for implementation. / Reviewed and updated recommendation =„ timeframes, priorities, budget impact/estimates, and narratives. ► Discussed current state and provided narratives Created by Bh—t for addressing performance measures. from Noun Protect / Created prioritized lists of recommendations to guide approach to implementation. Overview of Outcomes Percent of Recommendations by Priority Level 10% • Established a balance of timeframes 30% Immediate and priority levels to focus resources and effectively manage completion of 30% High Medium projects. Low • Identified a pipeline of upcoming projects. 30°, • Discussed and identified potential key performance indicators from the Percent of Recommendations Completed by Year + 30% 28% measures provided. 0 25% 25% o +J 25% • Outlined next steps to implement o v 20% audit findings. E 15'° 12% 10% ° 10% Of 5% 0% 2019 2020 2021 2020 or Ongoing later Year Upcoming Actions / Incorporate recommendations and measures into department workplans beginning 2020. / Establish baselines, track, monitor, report, inform, and adjust or maintain approach to meet targets. / Select key performance indicators (internal and external). Develop dashboard of key performance indicators and incorporate measures into city report card to keep the community informed. Created by Rafael Garcia Motta. From Noun Project Questions/Comments N • i r-07 TIGARD PERFORMANCE AUDIT IMPLEMENTATION PLAN November 2019 Contents Introduction ......................................................................................................................................2 Overview...........................................................................................................................................2 CityManagement ..............................................................................................................................4 Recommendations....................................................................................................................................4 PerformanceMeasures.............................................................................................................................6 CentralServices.................................................................................................................................8 Recommendations....................................................................................................................................8 PerformanceMeasures...........................................................................................................................10 CommunityDevelopment................................................................................................................13 Recommendations..................................................................................................................................13 PerformanceMeasures...........................................................................................................................15 Finance and Information Services.....................................................................................................17 Recommendations..................................................................................................................................17 PerformanceMeasures...........................................................................................................................19 Library.............................................................................................................................................21 Recommendations..................................................................................................................................21 Performance Measures...........................................................................................................................22 Police ..............................................................................................................................................24 Recommendations..................................................................................................................................24 PerformanceMeasures...........................................................................................................................26 PublicWorks....................................................................................................................................27 Recommendations..................................................................................................................................27 PerformanceMeasures...........................................................................................................................30 Conclusion.......................................................................................................................................32 Appendix A—Prioritized List of Recommendations ...........................................................................33 AppendixB—Matrix Comparison .....................................................................................................40 1 City of Tigard - Performance Audit Implementation Plan Introduction In 2019 the City of Tigard hired Matrix Consulting Group to conduct a performance audit of general fund operations.The audit produced 69 recommendations that identified opportunities for operational improvements and 58 performance measures to expand data-informed decision-making within the organization. This plan expands upon the performance audit results by incorporating supplemental information from City staff. More specifically, staff identified timeframes for completion based on current department capacity, budget estimates to implement, city-defined priority levels, and supporting narratives. Additionally, staff identified the current state and capacity to implement the performance measures. By blending staff input with audit results,this plan establishes a baseline and prioritizes next steps. Each section of this plan outlines a specific department's recommendations and measures.To show what will be completed first, recommendations are ordered from soonest timeframe and highest priority to longer timeframe and lowest priority. OAs systems and initiatives develop over time, the content in this plan may Obecome outdated. Progress of each recommendation and measure will be O _ incorporated into department work plans in 2020 and updated quarterly. The City Manager's Office is responsible for helping departments navigate the Noun Project. completion of their recommendations and measures.Additionally, City of By Kieu Thi Kim Cuong Tigard's Audit Committee, comprised of citizens and staff, will review the progress of the audit on an annual basis to ensure successful implementation. Overview A key indicator of effectively managing Percent of Recommendations by Priority Level the completion of recommendations is the ratio of project priority levels.The 10% chart to the right shows the balance of priority levels for all recommendations 30 as defined by staff. ■ Immediate The even balance displayed allows staff to allocate resources and focusA High 30% attention on high priority Medium recommendations rather than reacting to them all at once. A small Low percent of recommendations are identified as"immediate" priority and will be completed by 2020. 30% 2 City of Tigard - Performance Audit Implementation Plan The graph below shows the percent of total recommendations by estimated completion year. Based on information provided by staff an estimated 12%of the total recommendations will be completed by January 2020,just three months after receiving the final audit report.Additionally, it should be noted that a quarter of the recommendations are ongoing tasks that the City will monitor to maintain. Percent of Recommendations Completed by Year 30% 28% N 0 25% 25% 25% v E 20% E 0 V 15% 12% 10% 0 10% 0 v 5% V i N a 0% 2019 2020 2021 2020 or later Ongoing Year Lastly, the chart below shows the amount of recommendations each department has as a percent of the total number of recommendations. Central Services, Finance & Information Services, and Police have the most recommendations each with 19%of the total recommendations. Each department has identified team members responsible for implementing their recommendations. Percent of Recommendations by Department ■City Management ■Central Services Finance&IS Police ■Library ■ Public Works ■Community Development 3 City of Tigard - Performance Audit Implementation Plan City Management 7 Recommendations#8 Performance Measures Recommendations Rec city city RequiresBudget ImplementRecommendation Budget Notes # Timeframe Priority Adjustment to 4 The Department should develop a Project team will meet to methodology for predicting determine what parameters will upcoming retirements based on be the most predictive and then age and years of service of 2019 High No Need more data perform analysis. employees and update it at least annually to anticipate which employees and skills will need to be replaced. 7 Additional staffing resources, in HR has made the request and the range of.5 to.75 FTE,should have been granted FTE be allocated to the Human increases of.4 during Q1, Resources Department. 2019 Medium Yes <$50,000 moving the HR Business Partner and HR Information Specialist positions back to 1.0. 1 The annual work plans for each Project team developing work department should be guiding plan outline for departments. documents that are considered a Will implement at the beginning part of performance evaluations 2020 High No <$50,000 of the year. and developed in alignment with the overall City Strategic Plan. 6 The City should update the The HR project team is performance evaluation tool and brainstorming programs that tie implement a compensation 000 to individual performance such approach that more closely ties 2020 Medium Yes $50,000-$100, as bonus pay that rewards pay increases to individual innovative solutions. performance. City Management 4 City of Tigard - Performance Audit Implementation Plan Requires Budget 6[ I Vtommendationity Budget • AdjustmentPrior to Implement 2 The Senior Management Analyst Sr. Mgmt Analyst hired position should be charged with 10/1/2019 and is overseeing the overseeing the development and development and implementation of the City's Ongoing Immediate No <$50,000 implementation of the performance management performance management program program. 3 The City should expand on their As work plans are developed, existing performance measures additional performance by identifying and adopting measures will be defined.Sr. additional performance and Ongoing High Need more data Need more data Mgmt Analyst will work with workload measures to enlighten departments to identify the public regarding the internal/external key Department's performance and performance indicators(KPIs). accomplishments. 5 The Department should prioritize HR and the city's Diversity, efforts to expand the diversity of Equity,and Inclusion Advisory applicant pools to enable it to Ongoing High Yes Need more data team are working toward work toward a City workforce programs to diversify applicant that is reflective of the pools. community. 5 City of Tigard - Performance Audit Implementation Plan Performance Measures Data • • Requirement tes City %of respondents Indicator or public perception Requires annual 80% This is a potential key Management feeling City is well of overall city operations. survey to be performance indicator(KPI), managed conducted to a featured measure used to provide data. gauge overall performance. Staff will discuss the best way to gather data, likely a survey. City Annual work plans Ensures annual work plan N/A 100%of departments Currently developing Management developed for each developed by each outlines for department department with department to guide work work plans. Will implement quarterly review efforts.A quarterly review plans for departments to conducted. should be conducted by the report on in 2020. City Manager with one semi- annual update to Council. Human Annual turnover rating Measures staff turn-over. Data currently exists <10%annually Needs to be tracked by Resources Over time,this could be to measure this. voluntary vs. involuntary. established as two separate measures:(1)involuntary; and(2)voluntary. Human %of recruitments To maintain fast moving Data is\or can <45 days for entry Change benchmark to 50-55 Resources completed within recruitment processes to easily be captured in level positions;<60 days for entry level or established targets attract and acquire best NeoGov. days for professional professional positions. quality candidates. positions;<90 days for Change to 120 days for executive positions executive positions. Human %of recruitments with N/A Data currently >95%of positions Department will start by Resources qualified applicants available to filled tracking percent of diverse from underrepresented measure. applicants that reach the groups. interview phase. Human %of employees still Measure of effectiveness of Data is currently >95% This information will be Resources employed 1 year after the recruitment process to available to measure compiled. hire. represent both qualified this though not candidates and those that fit complied. the organizational culture. 6 City of Tigard - Performance Audit Implementation Plan Data • Notes Requirement Human %of staff rating training Measure to evaluate quality Surveys will need to >90% This will begin in 2020. HR Resources courses as providing of the training provided to be conducted after will work to develop survey valuable content employees. each training to distribute after trainings. session. Human Workers'Compensation Measure of effectiveness of Data currently <1 This data is received Resources Modification Factor workers'compensation available. annually in the spring from program. Industry standard is a third-party insurance 1—any factor below one agency. Risk Management represents city program is retains this data with more cost effective than insurance records. industry standard. City Management 7 City of Tigard - Performance Audit Implementation Plan Central Services 13 Recommendations#13 Performance Measures Recommendations Budgetcity city Requires Recommendation Estimate to Notes Timeframe 1P • • Adjustment Implement 9 The City should utilize a work order This is a change in staff process and system for all requests for web 2019 Medium No N/A will be implemented immediately. content modification. 10 The City should develop a written The communications staff will begin communication strategic plan. 2020 High Yes <$50,000 this process once the strategic plan refresh is complete. 8 The City should utilize internal and Implementing this will be in external customer surveys coordination with other to determine satisfaction and 2020 Medium No <$50,000 departments who may also use effectiveness of web content. internal/external customer surveys. Potential use of SurveyMonkey. 15 The City should ensure that its PW's process to procure a new asset asset management system is management system (AMS)will meeting the needs of fleet and begin early 2020.Once that begins, facilities maintenance staff. 2021 High No N/A PM and Fleet will be involved identifying department needs from system.Anticipate full access to and use of new system in early 2021. 12 The Court should adopt a written The plan will begin after strategic plan to guide future implementation of the red light decision making for operations and 2021 Low No <$50,000 photo enforcement. employee performance expectations. 18 Fleet& Facilities should conduct Will begin inventory lists and control spot inventory checks to mitigate 2021 Low No N/A to have a central place. Inventory the inherent risk of asset reports vs.actuals will be reviewed misappropriation every two months. 8 City of Tigard - Performance Audit Implementation Plan a - i 13 The court should maintain staffing Staffing levels are currently in levels,so workload demands are preparation for the enforcement of within 10%of annual productive Ongoing High No N/A the photo red light. hours per employee. 17 Property Management should Currently performing preventative implement a proactive building maintenance through scheduled preventive maintenance program Ongoing High No N/A routines. to prevent reactive maintenance issues as much as is reasonably possible. 19 Fleet& Facilities should maintain Staff recommends focusing more on staffing levels in the general range building staff expertise rather than of one(1)employee for every Ongoing Medium No N/A staffing levels. 35,000-45,000 square feet of facilities under management. 14 Fleet maintenance should perform Complete. Reporting on a monthly analytics and random verification Ongoing Medium No N/A basis. of fuel purchases 11 The Graphics Design division staff Project team currently does meet should meet with stakeholders with stakeholders before starting before beginning work on large Ongoing Low No N/A large project design requests and project design requests. will continue to. 16 Property Management should These assessments are done with regularly assess amounts spent on each project. vendors for specialty services to Ongoing Low No N/A determine if in-house staff should perform those functions. 20 Project managers should receive Trainings will be provided to project management certification. develop project management skills; Ongoing Low Need more data <$50,000 however, because there is no full- time project manager,a certification will not be pursued. 9 City of Tigard - Performance Audit Implementation Plan Performance Measures Department - Central Percent of social The City's goals include diversity, The City will collect data >_3% Can be reported.Set a higher Services media followers who equity,and inclusion.This metric from Facebook,Twitter, benchmark based on identify their primary shows if the City is connecting to a and Instagram on how population demographics. language as other than more diverse population group with many of the followers on Project team will establish in English. its social media outreach efforts. those platforms identify 2020. their primary language as other than English. Central Communications This is an output measure related to The City will need to >98%are Project Managers review final Services published written effective communication of written record any errors error free documents to check for material material provided or reviewed by discovered post errors. Not tracked in Central Service's communications publication. database.Could be reported team. Error free messages are based on comments highly important. submitted. Central Social Media This is an efficiency measure.The Data of"likes"or people >_5%annual This is tracked through social Services w/tracking ability goal is to encourage staff to be following the city's posts increase media platforms. PD, Library, (Facebook,etc.)shows innovative in ensuring a specific will need to be obtained from the and Communications need to an increase in people growth measures are achieved with from each social media prior year work together to collect all liking or otherwise the outcome measure of site utilized by the City. data.This measure will be following the city's transparency. addressed further in the posts. Communications Strategic Plan. Central Number of articles The City is in the process of The City will record the >_12 Difficult to define.Articles Services published about the updating its Strategic Plan.Getting number of publications it publications only about the strategic plan City's Strategic Plan. information to the public about puts out regarding its annually or projects that relate to plan. those updates and about the overall Strategic Plan Not tracked but anecdotal. Plan is important. Central Percentage of design This is an efficiency measure Before starting a design >_80%of Tracked and reported to Services projects completed by designed to assist with the project, design staff will projects are management.Will likely raise the agreed upon evaluation of project staff communicate with the completed benchmark to 90%.Will deadline. efficiency. requestor of the work by the develop bowling(tracking and come up with an agreed upon performance)chart to meet agreed upon deadline. deadline. benchmark. 10 City of Tigard - Performance Audit Implementation Plan Data Requirement Municipal Defendants The outcome is theoretical in that The City will continue to >_85% This is difficult to control the Court successfully comply you are"connecting"with offenders compare the number of outcome of and the with court orders prior in a way that is successful enough to compliance matters benchmark is high.This will to a suspension being get them to comply with court compared with those be tracked starting January issued. orders. that require additional 2020 every quarter. court action. Municipal Case clearance rate Clearance rates measures a court's Total incoming cases and >97% Currently meeting this Court ability to dispose of incoming cases. total cleared cases must measure. The goal is to dispose of as many be recorded. cases as are received,or as close to this amount as is reasonable.This is a measure of court operations efficiency and could indicate staffing deficiencies. Municipal Case load aging The goal is to clear cases in a timely The date when a case >_60%of This is not a feasible Court manner. enters the court and the cases are benchmark because of the date when the case is cleared programs incorporated into resolved (excluding cases within 90 clearing cases,such as traffic that go to warrant)are days. school.A more appropriate recorded. benchmark would be 180 days. Property Workorder completed Measures whether staff are being Work order data is >_80%or Currently exceeding this Management as scheduled. scheduled effectively. maintained that shows greater start benchmark and will be able to scheduled versus actual when track with asset management start date scheduled. system. Property The number of re- When maintenance staff do a job Work order data is <_5%of total Currently meeting this Management work workorders but have to come back to do it again maintained that shows work orders measure.Created checkboxes required because something was not whether the work is"re- is"re-work" in current form to track. completed correctly or as expected, work. that can be a measure of the quality of work they are providing their customers. 11 City of Tigard - Performance Audit implementation Plan Benchmark Department Data Requirement Property The percentage of Measures whether the City is Total work orders 5 10%of Benchmark should be based Management outsourced excessively contracting out repairs. completed with city staff work is on type of project as some maintenance work to This could be an indication of compared with total outsourced projects require more than in-house work on a maintenance issues that need to be work orders outsourced 10%outsourced work due to project basis addressed or a matter of having to a vendor. specialization such as staff trained/certified to perform maintenance for HVAC repairs in-house. system. Project team will work to develop benchmarks depending on project type. Fleet The number of This measures the efficiency of the Total work orders with >_95%of Currently tracking. Maintenance preventative City's fleet preventive maintenance preventive maintenance preventive maintenance tasks program. work showing a maintenance performed on scheduled start date are tasks are schedule compared with the performed actual start date. on schedule Fleet Fleet workorder This is an indication of service Total work orders are <_5%of total Currently meeting this Maintenance "rework" rate quality. compared to the number work orders measure. Created checkboxes of re-work workorders. are re-work in current form to track. orders 12 City of Tigard - Performance Audit Implementation Plan Community Development 8 Recommendations#8 Performance Measures Recommendations BudgetRequires ed city City 4 Recommendation Budget Estimate to Notes # Timeframe Priority 'r Adjustment Implement 22 The Department should generate Complete. Planning Division has developed routine reports on workload and an excel spreadsheet that tracks level of level of service performance service performance for land use reviews. measures in order to gauge This is done outside of Accela to allow staff effectiveness in meeting established to more easily access and prepare reports benchmarks. 2019 Immediate No N/A and measure performance on review timelines and meeting benchmarks to report to Assistant Community Development Director. Building Division will train staff on reports or contract with consultant to develop reports by June 2020. 27 The Department should monitor Building Division does,and will continue to, inspector staffing levels to ensure monitor inspector workloads. Workloads that they remain appropriate for the are assigned on a daily basis and the required workload. inspectors communicate throughout the day to adjust assigned tasks. Most 2019 Immediate No N/A inspectors are multi-certified and the automated systems allow for easy re- assignment of inspections if it appears that any inspector will have a problem completing their assigned workload. Project team will discuss further to set parameters. 13 City of Tigard - Performance Audit Implementation Plan a Rec city city Requires Budget; Recommendation Budget • Notes Priority# Timeframe p, • • 28 The Department should maintain an Completed by Planning Division. online library of standard conditions of approval for land use permits, 2019 Immediate No N/A which is shared with staff and the public. 25 The Department should designate a Community Development(CD)will be second position as an Accela power proposing to add an FTE to the Building user and require that the division to fill this void. The process has management responsibilities of that 2020 High Yes $50,000-$100,000 been started to identify the correct job system be shared. classification and the plan is to have someone on board by March 2020. 23 The Department should distribute Building division will need to obtain an electronic customer satisfaction electronic contacts first and then research survey to all customers at the communication tools in Accela system. conclusion of their application and 2020 Low Yes <$50,000 compile responses as a performance measurement tool. 21 The Department should ensure that Training will be provided once the new in-house staff have the ability to asset management system is available in produce workload and performance 2021 Low Yes N/A 2021. No Accela training will be provided as reports from Accela. it will be replaced. 26 The Department should ensure that CD is committed to helping integrate the the system which replaces software with the permit tracking system Springbrook can be integrated with 2022 or later High Need more data N/A cashier module but will need to wait for Accela to eliminate the need for new asset management system to be duplicate entries. available. 14 City of Tigard- Performance Audit Implementation Plan Budget Rec Recommendation • Notes r. # Timeframe Priori Implement 24 The Department should implement Building Division previously tried to offer expedited permit application expedited service but found that charging a reviews as a fee-based option for fee for an outside contract reviewer to customers. perform the work did not improve review Ongoing Low Need more data N/A timelines. When construction activity is heavy,the contract reviewer timeline was just as far out as our in-house review timelines. We will continue to monitor the possibility going forward. Performance Measures Department Measure Intent Data RequirementBenchmark Community Percent of residential Measures the Department's efficiency Accela can produce these 95% Change measure to Development building plan reviews in quickly routing and reviewing reports, but the Department "initial plan review completed within 15 residential plans in order to provide currently needs consultant completed within 15 business days timely customer service help to generate them. business days".Start July 1, 2020 to have time to develop Accela report and train before implementation. Community Percent of commercial Measures the Department's efficiency Accela can produce these 95% Start tracking July 1, Development building plan reviews in quickly routing and reviewing reports, but the Department 2020 to give time before completed within 20 commercial plans in order to provide currently needs consultant then train staff on how business days timely customer service. help to generate them. to generate reports. Community Percent of submittals Measures the City's rate of utilization Tracking this measure will 50% Tracking will begin 2021 Development received electronically for more efficient and technology- require full implementation with new asset driven methods,as well as the of electronic document management system. Department's effectiveness in review, including digital publicizing their availability. plans submittals. 15 City of Tigard - Performance Audit Implementation Plan Data Requirement Community Percent of Type I Measures the Department's efficiency Accela can produce these 90% Currently tracking in Development applications closed in quickly reviewing straightforward reports, but the Department excel rather than Accela within 30 days land use applications and bringing currently needs consultant for easier access to data. them to a resolution in a timely help to generate them. Goal to incorporate this manner. Project tracking tracking into new asset spreadsheets are being used management system. in the interim. Community Percent of Type II and III Measures the Department's efficiency Accela can produce these 90% Change measure to 120 Development applications closed in reviewing more complex land use reports, but the Department days rather than 90 to within 90 days(date of applications and bringing them to a currently needs consultant align with state planning complete application resolution before the State-mandated help to generate them. deadlines. Can be received to date of deadline. Project tracking tracked and department decision,excluding spreadsheets are being used will start reporting. appeals) in the interim. Community Percent of inspections Measures the Department's efficiency This measure can be 98% This can be reported Development completed within 1 in providing timely customer service reported upon already using through Accela and business day of request and ensuring that building and code Accela. department will begin compliance inspections occur without tracking. delay Community Average number of Measures the Department's workload This measure can already be 15 stops Can start July 1, 2020 to Development address stops per per inspector and ability to spread reported upon with Accela; allow an Accela report to inspector workday inspections effectively among inspections data was be developed. inspectors. provided to the project team. Community Percent of"satisfied" Measures the Department's overall This measure requires 80% Department will start Development and "very satisfied" ability to meet customer expectations implementation of a collecting contact responses to customer customer survey tool. information to send survey surveys or promote comment cards in lobby. 16 City of Tigard - Performance Audit Implementation Plan Finance and Information Services Recommendations 13 Recommendations#8 Performance Measures Requires •• Rec city City Recommendation •• t' Notes # Timeframe Priority AdjustmenjImplemerimom 37 The City should install and operate N/A adequate software to monitor IT logs and detect any attempt at system 2020 High Yes <$50,000 intrusion. 32 Management should conduct regular Would create an additional 120 hours audits of purchases to detect and deter of work that cannot be taken on with asset misappropriation. 2020 Medium Need more data <$50,000 current staffing levels. 39 The City should create an information N/A technology committee that meets at 2020 Medium No N/A least quarterly. 34 The City should assign a second Cost will depend on the frequency of employee to provide verification checks quality control. of garnishment data entered into the 2020 Low Need more data <$50,000 payroll system. 29 With appropriate staffing,the Finance Hiring Senior Management Analyst Department should perform regular early 2020,first quarter supplemental data analysis on its data to help detect $100,000- complete for position. Finance staff an financial irregularity or non- 2021 High Yes y g y $150,000 currently review monthly reports. Will compliance with financial policies. hold trainings for department to educate on quality control. 31 Complete an annual fraud risk This will be contracted service with assessment. 2021 Medium Yes <$50,000 the auditor. 17 City of Tigard - Performance Audit Implementation Plan Requires •• Rec city city # Recommendation Timeframe Priority Budget Estimate to Notes Adjustment • 40 The City should reduce its internal This will likely be contracted service. phishing campaign employee 2021 Medium Need more data <$50,000 clickthrough rate to no more than 5%. 33 Determine if automatic notification of Work will be contracted. payroll changes is possible within the 2021 Low Need more data <$50,000 City's payroll/financial software system 41 The City should hire one(1)additional Work will be contracted.Consider FTE into an IT support position. 2021 Low Yes $50,000- weekend or evening coverage. $100,000 30 Provide cross training so that critical Already performing cross training functions for each finance position have with tight staffing levels. More payroll at least two people who can complete cross training will be explored. them and require the employee 2022 or later Low Yes <$50,000 performing the critical task as a backup to complete the function at least twice annually. 36 With available time,the City should This would require an estimated proactively research and seek buying additional 200 hours of work each 2022 or later Low Need more data <$50,000 discounts in addition to State bid year. discounts. 38 The City should ensure GIS staff spend N/A at least 10%of their time working to proactively introduce GIS technology 2022 or later Low Need more data $50,000- into every department in the City. $100,000 35 The City should ensure that its asset This project will be fully operational in management system fully integrates 2024. The process for a new asset with its financial software system and management system will being in has the capabilities necessary to foster Ongoing High No >$150,000 2020. an efficient,transparent,and data- centric approach to fixed asset management. 18 City of Tigard - Performance Audit Implementation Plan Performance Measures Department Measure Intent Data Requirement Benchmark Notes, Finance Credit rating The City is fiscally responsible Earned credit rating from at least Target AA1/AA+ Identified as a key performance and impacts future borrowing Moody's or Standard& Poor's indicator.Tigard is currently costs rating services outperforming this benchmark. Finance General Fund The City is fiscally responsible Financial statements showing >_ 16.67%General Currently exceeding this Reserve and ensures sufficient the percent of unassigned Fund reserve benchmark. reserves to weather economic general fund reserves as a balance(2 downturn or unexpected percentage of the City's total months) financial need of the general fund operating budget organization. Finance Fund balance This measure shows how The City already maintains <_5% This benchmark is adequate for budget versus accurate city staff are at budget-to actual data.Analysis operating/general funds. If actual budgeting in comparison to will be completed on the over benchmark,then actual financial performance percentage difference between department can provide mid-year budget projections and narratives to explain why. ending actual numbers Finance Purchase With the City using a rebate The City will need to have its 2:80% Wait for new finance system to orders under program for P-card purchases, financial software record the be able to report. $1,000 are the more department staff total number of invoices under made with a use those cards,the greater $1,000 and then identify the rebate p-card the city's rebate(considering total number of those purchases or credit card. payment on the cards are made with a P-card. made timely). Information Server Identifying any attempt to Appropriate software that Within 24 hours of This can be tracked and the Services intrusion penetrate the City's computer monitors for system intrusion occurrence measure is feasible. identification network and immediately reports any suspected attempts Information Internal Reducing the risk of system The City will continue to employ <_5% Department suggests 5-15% Services Phishing intrusion caused from an active phishing campaign and benchmark and is currently campaigns employees clicking on email keep records of the total emails tracking. Fake phishing emails clickthrough links or opening email sent and total emails that were are sent out by City to test rates attachments "clicked"or otherwise had an employees,those who do not attachment opened pass are required to go through a training. 19 City of Tigard - Performance Audit Implementation Plan Department Measure Intent Data Requirement • information Helpdesk This is measure of IT IT will monitor total workorder/ Within 4 hours for This is tracked but project team Services ticket workorder ticket effectiveness tickets and record in the priority or will need to set up system to response and efficiency workorder system times of ticket emergency track priority levels for times creation and initial arrival time in incidents and requests. response to the workorder/ within 3 business ticket. days for all other incidents. Information Average cycle This measures the time it IT will monitor and record <_3 days Will work with third party who Services time for open takes for IT staff to complete a workorder creation date with completes work orders to IT workorder workorder ticket.Cycle times workorder closure date. collect information. tickets will vary depending on the difficulty of the repair, but if the average per ticket is high, that could be indicative of a need to determine the cause. 20 City of Tigard - Performance Audit Implementation Plan Library 4 Recommendations//6 Performance Measures Recommendations -' Requiresmate• get • • • • Estiml • - to Implement I :4i, — I! 42 The Library should reduce service hours New library hours start to between 62—64 hours per week, December 1:Opening two either through elimination of some hours earlier on Sunday(10AM evening hours or an earlier closing for all instead of 1213M)and closing evenings.Closing at 8pm each night 2019 Immediate No N/A one hour earlier on weekdays should be implemented,the hour after (813M instead of 913M). which visits decline markedly. 43 Develop a comprehensive marketing The Library will complete its plan encompassing traditional print and strategic plan update before advertising and social media developing a marketing plan. components. Use this opportunity to The Library will coordinate with brand the Library as consistently as other departments such as possible to the community. Finally, make Communications to develop. one person responsible for the Social media responsibilities will coordination,development and posting be determined through the of social media while continuing to seek 2020 High Need more data $50,000-$100,000 marketing plan. the input of other staff.The lead person should be the Communications Coordinator.Then management team should set direction and develop a review process. 21 City of Tigard - Performance Audit Implementation Plan Rec Requires Budget Notes # Timeframe Priority Adjustment to Implement 44 Direct internal teams to focus on Team exercises are furthering team building under the new incorporated into all-staff leadership in the Library. meetings.There are weekly Ongoing Medium Need more data N/A email updates and employee surveys.The project team will work with HR for ideas on team-building exercises. 45 Create an internal team to research, Completing the Edge develop and present to the City a Library assessment to build a successful Information Technology Needs Ongoing Medium Need more data N/A framework for growth. Assessment and Long-Range Plan. Performance Measures Department - - Library Collection To ensure that the library is Tracking circulation >5 times Track by collection rather turnover above making the best use of space overall and by program than program area. Can X% available and meeting patron area. track on annual basis. needs. Library Proportion of To keep the library current and Tracking circulation >5%of the collection. Change benchmark to 10%. collection meeting patron needs for new overall and by program Can track on annual basis. replaced per year. materials. area. Library Getting new To keep the library current and Technical services 3 days 3 days is an error.Change to materials into meeting patron needs for new tracking incoming 30 days. circulation materials. orders and turnaround time to shelves 22 City of Tigard - Performance Audit Implementation Plan • Data Requirement • Library Programs To keep programs current and Patron surveys Depends on the This measure may be in attended do not fresh in meeting patron needs;to Monitoring attendance program contrast to other initiatives decline in ensure that staff are constantly trends like the one identified in the attendance using patron feedback and measure below.Staff will monitoring attendance to monitor attendance. improve programs. Potential KPI. Library %of programs Ensure that full needs of the Tracking of the number >10%of programs Staff will discuss types of provided to entire community are met by of programs conducted (initially). Overtime, programs and marketing to underserved focusing some efforts on by target audience program%ages should improve this measure. patrons underserved populations. category. be reflective of population served. Library %of participants To measure participant Will need to conduct >80%per program. Staff will brainstorm the best indicating perception of program value post program survey to way to collect this data. satisfaction with collect data. the program. 23 City of Tigard - Performance Audit Implementation Plan Police Recommendations 13 Recommendations#3 Performance Measures ... . .. w Require Budge City CitV tes Rec � • •• • • Budget Timeframe Priority Tim • plement 47 Add 8 additional Officerstomaintain This recommendation is tied to the potential higher minimum staffing to achieve local option levy.Costs include salaries, stated goal of 5-minute response to benefits and ongoing M&S(training,fuel, priority 1 and 2 calls for service. 2020 High Yes >$150,000 supplies etc.)as well as one-time costs for Minimum staffing should be 4 Officers guns,TASERS, MDCs and 2 patrol vehicles on Day Shift,5 Officers on Afternoon total. Shift and 4 Officers on Night Shift. 50 Fill 2nd CSO position for a total of two CSO position is in the current budget, plan is CSOs. 2020 Medium No N/A to fill the position with a dedicated Parking Enforcement Officer. 53 If all workable cases are currently Review of case assignment criteria, assigned the department should 2020 Medium No N/A assignment of DV cases to detective also eliminate two detective positions. work one day a week at the Family Justice Center. 52 Review case screening process. The review process has been completed. Starting in January 2020,supervisory officers who triage reports for case 2020 Low No N/A assignments will forward all felony cases to investigative units(detectives in CIU/CCU). This new process will be evaluated after 6 months.This recommendation is closely tied to recommendation#53. 54 Maintain current staffing but use the If the 8 patrol officers are added through a recommended benchmarks to re levy,there will be recommended funding for evaluate staffing on an annual basis to 2021 Medium Yes $50,000-000 another Property and Evidence FTE to cover determine when more property/ $100, the increase workload though the local evidence staff is needed. option levy. 24 City of Tigard - Performance Audit Implementation Plan Requires .• Budgetcity city fframe Priority • Notes Adjustment Implement 55 Maintain current staffing for records Levy would provide funds to add records management. 2021 Medium No N/A support staff to address the increased workload. 56 Add an additional analyst in the next 1 This position will be critical to develop out to 3 years. the data-informed decision-making 2021 Medium Yes $50,000- program. Funding for non-sworn support is $100,000 incorporated into current levy proposal.An analyst position may be identified to support additional officers. 48 Maintain current staffing of two K9. If patrol staffing levels are increased PD 2021 Low No N/A would like to add a third K9 using donated K9 funds. 51 Maintain current staffing for traffic This doesn't account for the photo unit 2021 Low Yes >$150,000 enforcement implementation. Planning to add one additional officer in FY2021. 58 Maintain current SRO staffing but add There are other staffing priorities before one additional SRO in the next 1 to 3 2022 or later Low Yes >$150,000 adding another SRO unless the school years. district can provide resources. 46 Maintain current Administration N/A staffing levels. Ongoing Low No N/A 49 Minimum Staffing should be Sergeant N/A on duty at all times. Ongoing Low No N/A 57 Maintain current Administrative N/A Specialist staffing levels. Ongoing Low No N/A 25 City of Tigard - Performance Audit Implementation Plan Performance Measures Department Police Average To measure response time to calls based Data available from CAD Must be in alignment Benchmark will be response time on priority(faster response to higher system. with staffing levels 5 minutes based to calls for priority timeframes). adopted. on comparison to service(by other agencies. priority) Police Annual To measure amount of time available Data readily available from 60%or greater Staff can measure Proactive for officers on street to interact and CAD data but will need to be proactive target. and agrees with Time engage with the public(excludes all coordinated with other Must be adopted in benchmark. training,administrative,and call datasets regarding alignment with the Industry standard response/handling time). Higher administrative time(training, staffing allocations is 33%for proactive time provides greater report writing,etc.)to get net adopted proactive. opportunities for public engagement available proactive time. Police Case To measure percentage of cases cleared Data readily available but will Department is clearance rate /closed over time. need to be tracked consistently defining how to measure case clearance. 26 City of Tigard - Performance Audit Implementation Plan Public Works Recommendations 11 Recommendations#12 Performance Measures RequiresRec Budget •• to Recommendati Notes Adjustment Implement 67 The Department should PW will be working with a provide development consultant toward department review backup for the structures.The Engineering Principal Engineer, 2019 Immediate No <$50,000 division will be included. including the use of other Currently,there is backup P.E.'s in the Engineering provided by other technical staff Division. in the division. 61 The City should ensure that Department is currently engaged the selected asset in vendor selection. Software management system demos will occur in December replacing the existing work 2019. order system has the capabilities necessary to 2020 High No >$150,000 foster an efficient, transparent,and data- centric approach to infrastructure maintenance and workload management. 68 The Department should The department will be adjust the organizational considering organizational structure to narrow the adjustments. Parks Supervisor's span of 2020 High Yes $50,000-$100,000 control and allow more effective oversight of seasonal staff. 27 City of Tigard - Performance Audit Implementation Plan • 69 The Department should PW will be working with a adjust the organizational consultant toward department structure to narrow the structures.The Engineering City Engineer's span of 2020 High Need more data Need more data division will be included. In the control and provide meantime,there is backup oversight assistance to provided by other technical staff project management staff. in the division. 59 The Department should Implementation of this establish a routine cycle of recommendation will need to be measurement, review,and 2021 High Need more data Need more data coordinated with the AMS action based on their software project. selected performance metrics. 66 The Department should The project team will need to include some strategic incorporate with each master discussion in the master plan update.This will depend on plans of the systems' 000 completion of strategic plan purpose for the community 2021 High No <$50, refresh. and how the plan supports the goals of the Department and the City. 60 Performance measures and The project team would like to their results should be consider an annual report of published each year in the 2021 Medium Need more data Need more data their own in addition to annual budget. providing the measures in the budget. 62 The Department should As the department implements a track all field work— new AMS software,workflows proactive and reactive— 2021 Medium No <$50,000 will be established in each using work orders within division to ensure that this the asset management recommendation is met. system. 28 City of Tigard - Performance Audit Implementation Plan Recommendation Notes # TimNefr Adjust ent Implement 63 The Department should Will be part of the AMS software develop a preventive and implementation and workflow routine maintenance development. calendar for the Parks Maintenance Division in 2021 Medium No Need more data the asset management system and use this tool as the basis for calculating staffing needs. 64 The City should ensure that PW will be involved in RFP the system which replaces development for Springbook Springbrook has a robust replacement to ensure PM project management module can help with capital module or invest in a 2022 or later High Yes Need more data project management. separate software specifically designed for capital project management. 65 The Department should Project team still discussing seek to update each system whether all systems should be on master plan once per six a six-year rotation. PW will years on a rotating basis. 2022 or later Medium Need more data Need more data review each master plan within a six-year timeframe and will determine what parts need to be updated. 29 City of Tigard - Performance Audit Implementation Plan Performance Measures Department Measure Intent Data Requirement Public Works Percent of engineering Measures the Department's Accela can produce these reports, 95% Project team will work plan reviews meeting consistency in providing but the Department currently to define cycle times of established cycle times timely service to facilitate needs consultant help to generate the various types of sound development. them. applications. Public Works Percent of engineering Measures the Department's This measure should be reported 98% Useful for the inspections completed efficiency in providing timely upon using Accela, but a development within 2 business days customer service and consultant may be needed community.Change to 5 of request ensuring that engineering currently to obtain this data. business days.Can start inspections occur without tracking in 2020. delay. Public Works Percentage of parks Measures the division's ability This will require an annual parks 90% Potential KPI.Can gather receiving a score of to keep parks in a condition condition assessment. information through the "good"or"excellent" in that is appealing to residents. parks system master an annual parks plan contract. condition assessment Public Works Percentage of Measures the accessibility of This will require GIs analysis to 85% New standards utilize households living parkland and open space to determine the distance of housing minutes over miles. within% mile of a park. City residents. units from parks and open spaces. Instead of 1/2 mile, use 10 minutes. Public Works Park acres per 1,000 Measures the overall This calculation can already be 10(national Conduct in 2020. residents equals or availability of parks and open conducted with available park average) exceeds national space to residents of Tigard. acreage and population data. average Public Works Proportion of total Measures the degree to This will require a functional asset 70% Work requests need to work orders(or labor which the Department's focus management and work order be quantified.Current hours)spent on routine is on routine and preventive system with reporting capabilities. system used to track tasks and preventive maintenance rather than service requests maintenance rather "putting out fires". Indicates (Maintstar)is difficult than service requests the quality of park conditions. complete,wait for new asset management software. 30 City of Tigard - Performance Audit Implementation Plan Department Measure Intent Data Requirement Benchmark Notes Public Works Percentage of residents Measures the recreation This will require an annual 75% Track all participants not who consider the City's program's effectiveness in community survey. just residents.Will track recreation programs to meeting the needs and recreation event be"good"or"very expectations of Tigard's attendance over time good" residents. through social media, number of giveaways, registration. Public Works Percent of recreation Measures the cost efficiency This metric can be measured TBD Need financial programming costs and value generated by currently using budget and benchmark related to recovered through user recreation programming—a recreation revenue figures. self-sufficiency of fees target cost recovery level running program,will should be a policy decision discuss further with city made by City leadership. management. Public Works Percent of recreation Measures the City's This metric will require 80% Currently being tracked programs meeting effectiveness in reaching attendance counts at recreation by parks and rec staff. minimum enrollment residents with appealing programming and the recreation offerings and establishment of minimum limiting programs to those in enrollment benchmarks. which residents have interest. Public Works Percent of CIP projects Measures the City's ability to None,this data is already readily 80% This measure can be which are completed accurately predict and available. tracked however within 90 days of their effectively manage the timing difficult to control initially planned of capital project progression. outcome. completion date Public Works Percent of CIP projects Measures the City's ability to None,this data is already readily 85% Change to"construction which are completed accurately scope and cost available. budget at time budget within the initially capital projects and manage starts". planned budget project-related expenses during the progression of the project. Public Works Percent of CIP projects Measures the City's ability to None,this data is already readily 85% Change to"construction with change orders manage change orders and available. contract amount" totaling less than 15% their impact on costs over the instead of"initially of the initially planned life of the project. planned budget". budget 31 City of Tigard - Performance Audit Implementation Plan Conclusion The audit implementation plan builds upon the recommendations and measures identified in the 2019 Matrix Consulting Performance Audit through the incorporation of staff input, creating a prioritized list of next steps. Beginning January 2020, audit recommendations and measures will be included in department work plans in order to track the progress of each. Additionally, the City of Tigard's Audit Committee will annually review the progress of the audit to ensure that the recommendations and measures are being addressed in a timely manner. As departments track their performance, measures will likely adapt to focus on key information or key performance indicators(KPIs).These KPIs will be .0007r, identified for both internal and external use to help the City make data-driven decisions.To keep the community informed on the performance of the City, KPIs will be displayed through a data dashboard on the City's website as 1300 well as incorporated into the City's annual report card. Noun Project.By Fuse Studio,Ru 32 City of Tigard - Performance Audit Implementation Plan Appendix A — Prioritized List of Recommendations The list below organizes the recommendations by soonest timeframe then highest priority to show the pipeline of upcoming projects across the City. Rec D- •. Recommendation Timeframe Priority 42 Library The Library should reduce service hours to between 62—64 hours per week,either through elimination of some evening hours or an earlier closing for all evenings. Closing at Bpm each night should be 2019 Immediate implemented, the hour after which visits decline markedly. 22 Community The Department should generate routine reports Development on workload and level of service performance measures in order to gauge effectiveness in meeting established benchmarks. 2019 Immediate 27 Community The Department should monitor inspector staffing Development levels to ensure that they remain appropriate for the required workload. 2019 Immediate 28 Community The Department should maintain an online library Development of standard conditions of approval for land use 2019 Immediate permits, which is shared with staff and the public. 67 Public Works The Department should provide development review backup for the Principal Engineer, including the use of other P.E.'s in the Engineering Division. 2019 Immediate 4 City The Department should develop a methodology for Management predicting upcoming retirements based on age and years of service of employees and update it at least 2019 High annually to anticipate which employees and skills will need to be replaced. 9 Central The City should utilize a work order system for all Services requests for web content modification. 2019 Medium 33 City of Tigard - Performance Audit Implementation Plan Rec Department • • . • # Timeframe Priority 7 City Additional staffing resources, in the range of.5 to Management .75 FTE, should be allocated to the Human 2019 Medium Resources Department. 1 City The annual work plans for each department should Management be guiding documents that as considered as part of performance evaluations and developed in 2020 High alignment with the overall City Strategic Plan. 10 Central The City should develop a written communications Services strategic plan. 2020 High 25 Community The Department should designate a second Development position as an Accela power user and require that the management responsibilities of that system be 2020 High shared. 37 Finance & The City should install and operate adequate Information software to monitor IT logs and detect any attempt Systems at system intrusion. 2020 High 43 Library Develop a comprehensive marketing plan encompassing traditional print and advertising and social media components. Use this opportunity to brand the Library as consistently as possible to the community. Finally, make one person responsible for the coordination, development and posting of social media while continuing to seek the input of 2020 High other staff.The lead person should be the Communications Coordinator.Then management team should set direction and develop a review process. 47 Police Add 8 additional Officers to maintain higher minimum staffing to achieve stated goal of 5 minute response to priority 1 and 2 calls for service. Staffing should be 4 Officers on Day Shift, 5 Officers on Afternoon Shift and 4 Officers on Night Shift. 2020 High 34 City of Tigard - Performance Audit Implementation Plan City City feframe Priority 61 Public Works The City should ensure that the selected asset management system replacing the existing work order system has the capabilities necessary to foster an efficient,transparent, and data-centric 2020 High approach to infrastructure maintenance and workload management. 68 Public Works The Department should adjust the organizational structure to narrow the Parks Supervisor's span of control and allow more effective oversight of 2020 High seasonal staff. 69 Public Works The Department should adjust the organizational structure to narrow the City Engineer's span of control and provide oversight assistance to project 2020 High management staff. 6 City The City should update the performance evaluation Management tool and implement a compensation approach that more closely ties pay increases to individual 2020 Medium performance. 8 Central The City should utilize internal and external Services customer surveys to determine satisfaction and 2020 Medium effectiveness of web content. 32 Finance & Management should conduct regular audits of Information purchases to detect and deter asset Systems misappropriation. 2020 Medium 50 Police Fill 2nd CSO position for a total of two CSOs. 2020 Medium 53 Police If all workable cases are currently assigned the department should eliminate two detective 2020 Medium positions. 23 Community The Department should distribute an electronic Development customer satisfaction survey to all customers at the conclusion of their application and compile 2020 Low responses as a performance measurement tool. 34 Finance & The City should assign a second employee to Information provide verification checks of garnishment data 2020 Low Systems entered into the payroll system. 52 Police Review case screening process. 2020 Low 35 City of Tigard - Performance Audit Implementation Plan 10�Departmen mmendation City City Timeframe Priorit.. 15 Central The City should ensure that its asset management Services system is meeting the needs of fleet and facilities 2021 High maintenance staff. 29 Finance & With appropriate staffing, the Finance Department Information should perform regular data analysis on its data to Systems help detect any financial irregularity or non- 2021 High compliance with financial policies. 59 Public Works The Department should establish a routine cycle of measurement, review, and action based on their selected performance metrics. 2021 High 66 Public Works The Department should include some strategic discussion in the master plans of the systems' purpose for the community and how the plan 2021 High supports the goals of the Department and the City. 39 Finance & The City should create an information technology Information committee that meets at least quarterly. 2021 Medium Systems 31 Finance & Complete an annual fraud risk assessment. Information 2021 Medium Systems 40 Finance & The City should reduce its internal phishing Information campaign employee clickthrough rate to no more 2021 Medium Systems than 5%. 54 Police Maintain current staffing but use the recommended benchmarks to re-evaluate staffing on an annual basis to determine when more 2021 Medium property/evidence staff is needed. 55 Police Maintain current staffing for records management. 2021 Medium 56 Police Add an additional analyst in the next 1 to 3 years. 2021 Medium 60 Public Works Performance measures and their results should be published each year in the annual budget. 2021 Medium 62 Public Works The Department should track all field work— proactive and reactive—using work orders within 2021 Medium the asset management system. 36 City of Tigard - Performance Audit Implementation Plan IlDepaXW' Recommendation J�imefr`ame 1triority 63 Public Works The Department should develop a preventive and routine maintenance calendar for the Parks Maintenance Division in the asset management 2021 Medium system and use this tool as the basis for calculating staffing needs. 12 Central The Court should adopt a written strategic plan to Services guide future decision making for operations and 2021 Low employee performance expectations. 18 Central Fleet& Facilities should conduct spot inventory Services checks to mitigate the inherent risk of asset 2021 Low misappropriation 33 Finance & Determine if automatic notification of payroll Information changes is possible within the City's 2021 Low Systems payroll/financial software system 41 Finance & The City should hire one (1)additional FTE into an Information IT support position. 2021 Low Systems 48 Police Maintain current staffing of two K9. 2021 Low 51 Police Maintain current staffing for traffic unit 2021 Low 21 Community The Department should ensure that in-house staff Development have the ability to produce workload and 2021 Low performance reports from Accela. 26 Community The Department should ensure that the system Development which replaces Springbrook can be integrated with Accela to eliminate the need for duplicate entries. 2022 or later High 64 Public Works The City should ensure that the system which replaces Springbrook has a robust project management module or invest in a separate 2022 or later High software specifically designed for capital project management. 65 Public Works The Department should seek to update each system master plan once per six years on a rotating basis. 2022 or later Medium 37 City of Tigard - Performance Audit Implementation Plan Rec City City Department Recommendation # Timeframe Priority 30 Finance & Provide cross training so that critical functions for Information each finance position have at least two people who Systems can complete them and require the employee 2022 or later Low performing the critical task as a backup to complete the function at least twice annually. 36 Finance & With available time, the City should proactively Information research and seek buying discounts in addition to 2022 or later Low Systems State bid discounts. 38 Finance & The City should ensure GIS staff spend at least 10% Information of their time working to proactively introduce GIS Systems technology into every department in the City. 2022 or later Low 58 Police Maintain current SRO staffing but add one additional SRO in the next 1 to 3 years. 2022 or later Low 2 City The Senior Management Analyst position should be Management charged with overseeing the development and implementation of the City's performance Ongoing Immediate management program 3 City The City should expand on their existing Management performance measures by identifying and adopting additional performance and workload measures to Ongoing High enlighten the public regarding the Department's performance and accomplishments. 5 City The Department should prioritize efforts to expand Management the diversity of applicant pools to enable it to work toward a City workforce that is reflective of the Ongoing High community. 13 Central The court should maintain staffing levels, so Services workload demands are within 10%of annual Ongoing High productive hours per employee. 17 Central Property Management should implement a Services proactive building preventive maintenance program to prevent reactive maintenance issues as Ongoing High much as is reasonably possible. 35 Finance & The City should ensure that its asset management Information system fully integrates with its financial software Systems system and has the capabilities necessary to foster Ongoing High an efficient, transparent, and data-centric approach to fixed asset management. 38 City of Tigard - Performance Audit Implementation Plan 6LL Recommendation L_ Timeframe Priority 19 Central Fleet & Facilities should maintain staffing levels in Services the general range of one (1) employee for every 35,000-45,000 square feet of facilities under Ongoing Medium management. 44 Library Direct internal teams to focus on furthering team building under the new leadership in the Library. Ongoing Medium 45 Library Create an internal team to research, develop and present to the City a Library Information Technology Needs Assessment and Long-Range Ongoing Medium Plan. 14 Central Fleet maintenance should perform analytics and Services random verification of fuel purchases Ongoing Medium 11 Central The Graphics Design division staff should meet with Services stakeholders before beginning work on large Ongoing Low project design requests. 16 Central Property Management should regularly assess Services amounts spent on vendors for specialty services to determine if in-house staff should perform those Ongoing Low functions. 20 Central Project managers should receive project Services management certification. Ongoing Low 24 Community The Department should implement expedited Development permit application reviews as a fee-based option for customers. Ongoing Low 46 Police Maintain current Administration staffing levels. Ongoing Low 49 Police Minimum Staffing should be Sergeant on duty at all Ongoing Low times. 57 Police Maintain current Administrative Specialist staffing Ongoing Low levels. 39 City of Tigard - Performance Audit Implementation Plan Appendix B — Matrix Comparison KEY This table highlights the differences between staff input and the Matrix Timeframe or priority level aligns results. There are several cases where the timeframe or priority levels do not align which may be due to current project demand, limited staffing City has later timeframe or lower priority level than Matrix levels, or reliance on the completion of other recommendations first. City has sooner timeframe or higher priority level than Matrix Rec Department Recommendation Matrix City Matrix Priority City Priority # Timeframe Timeframe The Annual work plans for each department should 1 City be guiding documents that as considered as part of 2020 2020 High High Management performance evaluations and developed in alignment with the overall City Strategic Plan. The Senior Management Analyst position should be 2 City charged with overseeing the development and 2020 Ongoing High Immediate Management implementation of the City's performance management program The City should expand on their existing performance measures by identifying and adopting 3 City Management additional performance and workload measures to 2020 Ongoing High High enlighten the public regarding the Department's performance and accomplishments. The Department should develop a methodology for predicting upcoming retirements based on age and 4 City years of service of employees and update it at least 2020 2019 Medium High Management annually to anticipate which employees and skills will need to be replaced. 40 City of Tigard - Performance Audit Implementation Plan Rec Department Recommendation Matrix City Matrix Priority City Priority # Timeframe Timeframe The Department should prioritize efforts to expand 5 City the diversity of applicant pools to enable it to work 2021 Ongoing Medium High Management toward a City workforce that is reflective of the community. The City should update the performance evaluation 6 City tool and implement a compensation approach that 2021 2020 Medium Medium Management more closely ties pay increases to individual performance. Additional staffing resources, in the range of.5 to 7 City Management .75 FTE,should be allocated to the Human 2019 2019 Medium Medium Resources Department. The City should utilize internal and external 8 Central Services customer surveys to determine satisfaction and 2020 2020 Low Medium effectiveness of web content. 9 Central Services The City should utilize a work order system for all 2021 2019 Low Medium requests for web content modification. The City should develop a written communications 10 Central Services 2020 2020 High High strategic plan. The Graphics Design division staff should meet with 11 Central Services stakeholders before beginning work on large 2020 Ongoing Medium Low project design requests. The Court should adopt a written strategic plan to 12 Central Services guide future decision making for operations and 2020 2021 Medium Low employee performance expectations. The court should maintain staffing levels,so 13 Central Services workload demands are within 10%of annual Ongoing Ongoing Medium High productive hours per employee. KEY Timeframe or priority level aligns 41 City of Tigard - Performance Audit Implementation Plan City has later timeframe or lower priority level than Matrix City has sooner timeframe or higher priority level than Matrix Rec Department Recommendation Matrix City Matrix Priority City Priority # Timeframe Timeframe 14 Central Services Fleet maintenance should perform analytics and Ongoing Ongoing Medium Medium random verification of fuel purchases The City should ensure that its asset management 15 Central Services system is meeting the needs of fleet and facilities 2020 2021 High Low maintenance staff. Property Management should regularly assess 16 Central Services amounts spent on vendors for specialty services to 2021 Ongoing Medium Low determine if in-house staff should perform those functions. Property Management should implement a 17 Central Services proactive building preventive maintenance 2020 Ongoing High High program to prevent reactive maintenance issues as much as is reasonably possible. Fleet& Facilities should conduct spot inventory 18 Central Services checks to mitigate the inherent risk of asset 2021 2021 Medium Low misappropriation Fleet& Facilities should maintain staffing levels in 19 Central Services the general range of one(1)employee for every 2020 Ongoing High High 35,000-45,000 square feet of facilities under management. Project managers should receive project 20 Central Services management certification. 2021 Ongoing Medium Low Community The Department should ensure that in-house staff 21 Development have the ability to produce workload and 2020 2021 High Low performance reports from Accela. KEY Timeframe or priority level aligns 42 City of Tigard - Performance Audit Implementation Plan City has later timeframe or lower priority level than Matrix City has sooner timeframe or higher priority level than Matrix Rec Department Recommendation Matrix City Matrix Priority City Priority # Timeframe Timeframe The Department should generate routine reports Community on workload and level of service performance 22 Development measures in order to gauge effectiveness in 2020 2019 High Immediate meeting established benchmarks. The Department should distribute an electronic 23 Community customer satisfaction survey to all customers at the 2020 2020 Low Low Development conclusion of their application and compile responses as a performance measurement tool. Community The Department should implement expedited 24 Development permit application reviews as a fee-based option ? Ongoing ? Low for customers. The Department should designate a second 25 Community position as an Accela power user and require that 2020 2020 High High Development the management responsibilities of that system be shared. The Department should ensure that the system 26 Community which replaces Springbrook can be integrated with Immediate 2022 High High Development Accela to eliminate the need for duplicate entries. Community The Department should monitor inspector staffing 27 Development levels to ensure that they remain appropriate for Ongoing 2019 High Immediate the required workload. Community The Department should maintain an online library 28 Development of standard conditions of approval for land use 2020 2019 Medium Immediate permits,which is shared with staff and the public. KEY Timeframe or priority level aligns 43 City of Tigard - Performance Audit Implementation Plan City has later timeframe or lower priority level than Matrix City has sooner timeframe or higher priority level than Matrix Rec Department Recommendation Matrix City Matrix Priority City Priority # Timeframe Timeframe With appropriate staffing,the Finance Department Finance& should perform regular data analysis on its data to 29 Information Ongoing 2021 Medium High Systems help detect any financial irregularity or non- compliance with financial policies. Provide cross training so that critical functions for Finance& each finance position have at least two people who 30 Information can complete them and require the employee 2020 2022 High Low Systems performing the critical task as a backup to complete the function at least twice annually. Finance& 31 Information Complete an annual fraud risk assessment. 2021 2021 Low Medium Systems Finance& Management should conduct regular audits of 32 Information purchases to detect and deter asset 2020 2020 Medium Medium Systems misappropriation. Finance& Determine if automatic notification of payroll 33 Information changes is possible within the City's 2020 2021 Medium Low Systems payroll/financial software system Finance& The City should assign a second employee to 34 Information provide verification checks of garnishment data 2020 2020 High Low Systems entered into the payroll system. The City should ensure that its asset management Finance& system fully integrates with its financial software 35 Information system and has the capabilities necessary to foster 2020 Ongoing High High Systems an efficient,transparent,and data-centric approach to fixed asset management. KEY Timeframe or priority level aligns 44 --ity of Tigard - Performance Audit Implementation Plan City has later timeframe or lower priority level than Matrix City has sooner timeframe or higher priority level than Matrix Rec Department Recommendation Matrix City Matrix Priority City Priority # Timeframe Timeframe Finance& With available time,the City should proactively 36 Information research and seek buying discounts in addition to 2020 2022 Medium Low Systems State bid discounts. Finance& The City should install and operate adequate 37 Information software to monitor IT logs and detect any attempt 2021 2020 Low High Systems at system intrusion. Finance& The City should ensure GIS staff spend at least 10% 38 Information of their time working to proactively introduce GIS 2020 2022 Medium Low Systems technology into every department in the City. Finance& The City should create an information technology 39 Information committee that meets at least quarterly. 2020 2020 High Medium Systems Finance& The City should reduce its internal phishing 40 Information campaign employee clickthrough rate to no more 2021 2021 Medium Medium Systems than 5%. Finance& The City should hire one(1)additional FTE into an 41 Information 2020 2021 High Low Systems IT support position. The Library should reduce service hours to 42 Library between 62-64 hours per week,either through 2020 2019 High Immediate elimination of some evening hours or an earlier closing for all evenings. - - KEY Timeframe or priority level aligns 45 City of Tigard - Performance Audit Implementation Plan City has later timeframe or lower priority level than Matrix City has sooner timeframe or higher priority level than Matrix Rec Department Recommendation Matrix City Matrix Priority City Priority # Timeframe Timeframe Develop a comprehensive marketing plan encompassing traditional print and advertising and social media components. Use this opportunity to brand the Library as consistently as possible to the community. Finally, make one person responsible 43 Library for the coordination,development and posting of 2020 2020 High High social media while continuing to seek the input of other staff.The lead person should be the Communications Coordinator.Then management team should set direction and develop a review process. Direct internal teams to focus on furthering team 44 Library building under the new leadership in the Library. 2020 Ongoing High Medium Create an internal team to research,develop and 45 Library present to the City a Library Information 2020 Ongoing High Medium Technology Needs Assessment and Long-Range Plan. 46 Police Maintain current Administration staffing levels. N/A Ongoing N/A Low Add 8 additional Officers to maintain higher minimum staffing to achieve stated goal of 5 47 Police minute response to priority 1 and 2 calls for 2020 2020 High High service.Staffing should be 4 Officers on Day Shift, 5 Officers on Afternoon Shift and 4 Officers on Night Shift. 48 Police Maintain current staffing of two K9. N/A 2021 N/A Low Minimum Staffing should be Sergeant on duty at all 49 Police N/A Ongoing N/A Low times. 50 Police Fill 2nd CSO position for a total of two CSOs. 2021 2020 Medium Medium 51 Police Maintain current staffing for traffic unit N/A 2021 N/A Low 52 Police Review case screening process. 2020 2020 Medium Low KEY Timeframe or priority level aligns City of Tigard - Performance Audit Implementation Plan City has later timeframe or lower priority level than Matrix 46 City has sooner timeframe or higher priority level than Matrix ReMatrix City e Department Recommendation Timeframe Timeframe Matrix Priority City Priority If all workable cases are currently assigned the 53 Police department should eliminate two detective 2021 2020 Medium Medium positions. Maintain current staffing but use the 54 Police recommended benchmarks to re-evaluate staffing Ongoing 2021 High Medium on an annual basis to determine when more property/evidence staff is needed. 55 Police Maintain current staffing for records management. N/A 2021 N/A Medium 56 Police Add an additional analyst in the next 1 to 3 years. 2022 2021 Medium Medium Maintain current Administrative Specialist staffing 57 Police N/A Ongoing N/A Low levels. 58 Police Maintain current SRO staffing but add one 2022-2023 2022 Medium Low additional SRO in the next 1 to 3 years. The Department should establish a routine cycle of 59 Public Works measurement, review,and action based on their Ongoing 2021 High High selected performance metrics. Performance measures and their results should be 60 Public Works Ongoing 2021 High Medium published each year in the annual budget. The City should ensure that the selected asset management system replacing the existing work 61 Public Works order system has the capabilities necessary to 2021 2020 Medium High foster an efficient,transparent,and data-centric approach to infrastructure maintenance and workload management. KEY Timeframe or priority level aligns City of Tigard - Performance Audit Implementation Plan City has later timeframe or lower priority level than Matrix 47 City has sooner timeframe or higher priority level than Matrix Rec Department Recommendation Matrix City Matrix Priority City Priority # Timeframe Timeframe The Department should track all field work— 62 Public Works proactive and reactive—using work orders within 2021 2021 Medium Medium the asset management system. The Department should develop a preventive and routine maintenance calendar for the Parks 63 Public Works Maintenance Division in the asset management 2021 2021 Medium Medium system and use this tool as the basis for calculating staffing needs. The City should ensure that the system which replaces Springbrook has a robust project 64 Public Works management module or invest in a separate 2020 2022 High High software specifically designed for capital project management. The Department should seek to update each 65 Public Works system master plan once per six years on a rotating Ongoing 2022 High Medium basis. The Department should include some strategic 66 Public Works discussion in the master plans of the systems' Ongoing 2021 High High purpose for the community and how the plan supports the goals of the Department and the City. The Department should provide development 67 Public Works review backup for the Principal Engineer, including 2020 2019 Medium Immediate the use of other P.E.'s in the Engineering Division. The Department should adjust the organizational 68 Public Works structure to narrow the Parks Supervisor's span of 2021 2020 Medium High control and allow more effective oversight of seasonal staff. KEY Timeframe or priority level aligns 48 City of Tigard - Performance Audit Implementation Plan City has later timeframe or lower priority level than Matrix City has sooner timeframe or higher priority level than Matrix Rec Department Recommendation Matrix City Matrix Priority City Priority # Timeframe Timeframe The Department should adjust the organizational 69 Public Works structure to narrow the City Engineer's span of 2021 2020 Medium High control and provide oversight assistance to project management staff. KEY Timeframe or priority level aligns City has later timeframe or lower priority level than Matrix City has sooner timeframe or higher priority level than Matrix 49 City of Tigard - Performance Audit Implementation Plan AIS-4024 14. Business Meering One Meeting Date: 12/03/2019 Length (in minutes): 15 Minutes Agenda Title: Consider Resolution Aligning Public Works Fees and Charges Effective Date to Fiscal Year Process Prepared For: John Goodrich Submitted By: John Goodrich, Public Works Item Type: Resolution Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall council consider and adopt a resolution to amend the Master Fees and Charges aligning Public Works fees and charges effective dates so all utility bill fee changes are effective July 1, 2020? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends that the council adopt the resolution amending the Master Fees and Charges schedule as proposed in Exhibit A. KEY FACTS AND INFORMATION SUMMARY The Public Works Department is requesting council to consider and approve amending the Master Fees and Charges schedule so that the effective date for fees or charges occur each year at the same time,July 1 or the beginning of each fiscal year. Public Works staff recommends these changes in an effort to provide better clarity and public communications to all public works ratepayers regarding changes in rates and their respective effective dates for Water, Sanitary, Stormwater, Parks & Recreation, and Street Maintenance services. This will provide better process and efficiency for Public Works and Utility Billing regarding customer services, public notification and the value of services to the community. Staff is making this request prior to the effective date for water and street maintenance fee adjustments currently scheduled to take place on January 1,2020. Exhibit A provides the amendments to the Master Fees and Charges schedule, and is included as an attachment to the proposed resolution. OTHER ALTERNATIVES Council may deny the request to amend the Master Fees and Charges as proposed. The effective dates for water and street maintenance fee changes would remain effective January 1, 2020. Staff would provide public notification in early December regarding fee increases effective at the beginning of the calendar year. Should Council deny this request, staff suggests moving the rate increses that would normally be planned for January 1, 2021 for water and street maintenance fee be altered to July 1, 2020 to achieve the desired alignment of annual utility bill changes. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION Council adopted master fees and charges on June 11, 2019 that included water and street maintenance fees and charges effective January 1, 2020. Fiscal Impact Cost: $450,000 Budgeted (yes or no): No Where Budgeted (department/program): Water Additional Fiscal Notes: Aligning the Public Works fees and charges by delaying scheduled rate increases by six months will reduce water revenues by approximately$350,000 and Street Maintenance Fee revenues by approximately$100,000 over the six month period. Attachments Resolution Amend Fees and Charees Exhibit A-Master Fees and Charges AgendaQuick02005-2019 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 19- A RESOLUTION AMENDING THE MASTER FEES AND CHARGES FOR WATER UTILITY AND STREET MAINTENANCE SERVICES WHEREAS, the City Council adopted fees and charges for water utility and street maintenance services for Public Works in June 2019 as part of the FY 2020 budget;and WHEREAS, the Public Works fees and charges effective dates occur at different times during the fiscal year which may cause confusion to customers and less efficiency in public notification;and WHEREAS, in the interest of better clarity and communications regarding Public Works fees and charges, additional revisions are needed to align the effective dates to the schedule. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Master Fees and Charges for the City of Tigard are amended as shown in the attached schedule (Exhibit A). SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2019. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 19- Page 1 Department Revenue Source Fee or Charge Effective Da PUBLIC WORKS-UTILITIES Booster Pump Charge Meter Size(diameter inches) 5/8 x 3/4 $5.15 /monthly 1/1/2015 3/4 x 3/4 $7.42 /monthly 1/1/2015 1 $13.72 /monthly 1/1/2015 1.5 $41.16 /monthly 1/1/2015 2 $66.82 /monthly 1/1/2015 3 $117.83 /monthly 1/1/2015 4 $241.65 /monthly 1/1/2015 6 $257.23 /monthly 1/1/2015 8 $411.57 /monthly 1/1/2015 10 $804.11 /monthly 1/1/2015 12 $1,157.91 /monthly 1/1/2015 Customer Charge (Baric fee charged to customers to have the City deliver water.) Meter Size(diameter inches) 5/8 x 3/4 $29.36 /monthly 1/1/2019 $30.3 lg �9 $30.31 /monthly 7/1/2020 3/4 x 3/4 $42.29 /monthly 1/1/2019 $43.66 /monthlg �0 $43.66 /monthly 7/1/2020 1 $65.86 /monthly 1/1/2019 $68.00 �fnanth 1/1/202 $68.00 /monthly 7/1/2020 1.5 $173.93 /monthly 1/1/2019 $179.58 /fnafty 1�1/2020 $179.58 /monthly 7/1/2020 2 $282.20 /monthly 1/1/2019 $291.37 /monthly 7/1/2020 Page 1 Department Revenue Source Fee or Charge Effective Date 3 $555.47 /monthly 1/1/2019 X52 /fnefi7` 1/1/2020 $573.52 /monthly 7/1/2020 Page 2 Department Revenue Source Fee or Charge Effective Date_ 4 S1,055.13 /monthly 1/1/2019 $1,089.42 {me-1-bly1r2029 $1,089.42 /monthly 7/1/2020 6 $1,183.07 /monthly 1/1/2019 $1,221.52 Ime-ahly 2A $1,221.52 /monthly 7/1/2020 8 $1,847.73 /monthly 1/1/2019 g020 $1,907.78 /monthly 7/1/2020 10 $3,409.51 /monthly 1/1/2019 $3;529:32 /monahly ' ' 929 $3,520.32 /monthly 7/1/2020 12 $4,824.23 /monthly 1/1/2019 $4;984-02 fly ' " 1'^29 $4,981.02 /monthly 7/1/2020 Final Notification Process Fee $10.00 /per instance 10/19/2016 Fire Hydrant Flow Test $400.00 /test 7/1/2018 Fire Hydrant Usage-Temporary 3"hydrant meter deposit* $650.00 9/1/2002 *Deposit is refundable if returned in good condition Hook-up service $50.00 2/27/2001 Continued use $50.00 /month 2/27/2001 Consumption Current irrigation water usage rate 9/1/2002 per 100 cubic feet of water used Fire Rates(Sprinklers) 6"or smaller $19.93 /month 7/1/2019 6" or smaller $20.58 /month 7/1/2020 8"or larger $26.36 /month 7/1/2019 8"or larger $27.22 /month 7/1/2020 Fire Service Connection $1,700 /+ 12%fee based on construction costs. 7/1/2019 Meter Disconnection Actual labor and material costs+ 10% 9/1/2002 Page 3 Department Revenue Source Fee or Charge Effective Date Meter Installation Fees 5/8"x 3/4"Meter $405.00 7/1/2018 3/4"x 3/4"Meter $463.00 7/1/2018 1"Meter $636.00 7/1/2018 1 1/2"Meter $983.00 7/1/2018 2"Meter $1,272.00 7/1/2018 3"or more Meter Actual labor&materials+ 10% 9/1/2011 Meter Out-of-Order Test Meter calibration cost+actual labor 9/1/2002 and material costs+10% Sanitary Sewer Service(Fee set by Clean Water Services) (City receives 20%of fees collected) Base Charge $31.61 /dwelling unit/month 7/1/2019 Use Charge $2.09 /100 cubic feet/month for 7/1/2019 individual customer winter average Tigard Sewer Surcharge $2.37 /dwelling unit/month 7/1/2019 Service Installation Fees Single Trench-Single Residential Service $3,815.00 includes labor&materials 7/1/2018 1 1/2"Meter and greater Actual labor and material costs+ 10% 10/1/2011 Storm and Surface Water(Fee set by Clean Water Services) (City retains 75%of Service Charge fees collected) (City retains 100%of its Surcharge fees collected) Service Charge $9.25 /ESU/month 7/1/2019 Tigard Stormwater Surcharge $2.00 /ESU/month 7/1/2009 Water After Hours Emergency Turn On Service* $65.00 7/1/2017 *Service Hours Outside of Monday through Friday 8:00 am-5:00 pm Water Bacteriological Quality Testing Cost per test $80.00 7/1/2018 Water Disconnection Charge for Non-payment During business hours $50.00 2/27/2001 Water Line Construction-New Development 12%of Actual Cost 2/27/2001 Water Main Extension Designed and installed by others 12%of Actual Cost 9/1/2002 Water Usage Charges Page 4 Department Revenue Source Fee or Charge Effective Date Residential Tier 1 $3.80 /100 cubic feet of water 1/1/2019 Tier 2 $5.54 /100 cubic feet of water 1/1/2019 Tier 3 $6.34 /100 cubic feet of water 1/1/2019 Page 5 Department Revenue Source Fee or Charge Effective Date Tier s '�2 1100 cubs.feet of waw,__ 020 T4er2 W.7-2 100..ubie feet oc..,ate ' i�20 T4er3 1100.,._t.:_feet oc__ate 19 /1 Tier 1 $3.92 /100 cubic feet of water 7/1/2020 Tier 2 $5.72 /100 cubic feet of water 7/1/2020 Tier 3 $6.55 /100 cubic feet of water 7/l/2020 Multi-Family Tier 1 $3.16 /100 cubic feet of water 1/1/2019 Tier 2 $4.62 /100 cubic feet of water 1/1/2019 Tier 3 $5.29 /100 cubic feet of water 1/1/2019 Tief 4 $3,26 /100_ubie feet oc--ate },14,(2020 Tier 2 $4.77 1100_ttbie feet oc___,..e_ ' i�0 T4er3 $6-46 1100....1:..feet oc____te_ 1 1�8 Tier 1 $3.26 /100 cubic feet of water 7/1/2020 Tier 2 $4.77 /100 cubic feet of water 7/1/2020 Tier 3 $5.46 /100 cubic feet of water 7/1/2020 Commercial Tier 1 $4.32 /100 cubic feet of water 1/1/2019 Tier 2 $6.30 /100 cubic feet of water 1/1/2019 Tier 3 $7.20 /100 cubic feet of water 1/1/2019 Tier 1 $4.46 /100,...t_:e feet at___,.«e_ ' /�20 Tier 3 X43 1100 ettb:.,feet..c___*te 1i1,12020 Tier 1 $4.46 /100 cubic feet of water 7/1/2020 'Pier 2 $6.50 /100 cubic feet of water 7/1/2020 Tier 3 $7.43 /100 cubic feet of water 7/1/2020 Industrial Uniform Rate $6.01 /monthly 1/1/2019 $6,24 /menth 1�1,12020 $6.21 /monthly 7/1/2020 Irrigation Uniform Rate $8.53 /monthly 1/1/2019 $84t /month 1/1/2020 $8.81 /monthly 7/1/2020 Tiered Rate Structure Thresholds(100 cubic feet of water) Meter Size 5/8 x 3/4 Tier 1 6 ccf Tier 2 15 ccf Tier 3 over 15 ccf Page 6 Department Revenue Source Fee or Charge Effective Date 3/4 x 3/4 Tier 1 9 ccf Tier 2 22 ccf Tier 3 over 22 ccf 1 Tier 1 16 ccf Tier 2 40 ccf Tier 3 over 40 ccf Page 7 Department Revenue Source Fee or Charge Effective Date 1.5 Tier 1 48 ccf Tier 2 120 ccf Tier 3 over 120 ccf 2 Tier 1 78 ccf Tier 2 195 ccf Tier 3 over 195 ccf 3 Tier 1 137 ccf Tier 2 344 ccf Tier 3 over 344 ccf 4 Tier 1 282 ccf Tier 2 705 ccf Tier 3 over 705 ccf 6 Tier 1 300 ccf Tier 2 750 ccf Tier 3 over 750 ccf 8 Tier 1 480 ccf Tier 2 1,200 ccf Tier 3 over 1,200 ccf 10 Tier 1 938 ccf Tier 2 2,345 ccf Tier 3 over 2,345 ccf 12 Tier 1 1,350 ccf Tier 2 3,376 ccf Tier 3 over 3,376 ccf Street Maintenance Fee(TMC 15.20) Monthly Residential Rate-Single and Multi-Family $6.83 /unit 1/1/2019 $7--m f 1�1�2020 $7.30 /unit 7/1/2020 Monthly Non-Residential Rate $2.24 /per min required parking space 1/1/2019 $243 20 $2.39 /per min required parking space 7/1/2020 Staff Review No Charge City Council Written Appeal Filing Fee $300.00 Tigard Transportation Utility Fee(River Terrace) $5.00 /month 10/1/2016 Meter Maintenance Fee(TMC 12.01) $50.00 per required service 7/1/2018 Page 8