1 00:00:07,230 --> 00:00:16,470 All right. Good evening everyone. I will call this Tiger City Council meeting to order. 2 00:00:16,470 --> 00:00:19,790 Uh, acting City Recorder Bartholomew, would you please conduct the roll call? S2: 3 00:00:19,790 --> 00:00:21,110 Who here? 4 00:00:21,110 --> 00:00:34,270 Councilor Robbins, absent. Councilor here. Councilor Shaw here. Council. President. Wolf here. Councilor Anderson here. 5 00:00:34,270 --> 00:00:58,110 All right, thank you. Will everyone please stand and join me in the Pledge of Allegiance? 6 00:00:58,110 --> 00:01:24,240 All right, Council and city team, do you have any non agenda items. All right. Seeing none let's move on to public comments. Public comment period provides an opportunity for members of the public to address the City Council. While it is not a dialog, either I or staff will follow up to address the issues brought forward in these comments. 7 00:01:24,240 --> 00:02:03,450 The calling number is (503) 966-4101, S1: 8 00:02:03,450 --> 00:02:19,530 So when I call your name, please come forward and you have two minutes to speak. And there's a timer. 9 00:02:19,530 --> 00:02:36,130 Mr. Walter, would you please put. Oh, there's a timer. That's good. All right. So, uh, I would, um, first, uh, invite Chris, start to speak. Chris. Hi. 10 00:02:36,130 --> 00:02:44,250 Yeah. Please. 11 00:02:44,250 --> 00:02:50,490 Yeah. Please turn on the microphone. Yeah. No, it's not on. There we go. 12 00:02:50,490 --> 00:02:51,770 Unmute. 13 00:02:51,770 --> 00:02:54,250 You have two minutes. 14 00:02:54,250 --> 00:05:01,170 Okay. Good evening. I'm Chris Dart. I live on Pathfinder Way at the end of the cul de sac, and I'm here to talk about the Parks and Natural Areas section of the conversation tonight. My property is bordered by a cyclone fence, which is mine, and I'm on the creek side of the fence is a slight incline or slight flat area, and then a hill which goes down to Derry. Dale Creek. On the other side of the creek is the walking trail. This. This area is the subject of my problem that I'm trying to solve. The issue I wish wish to discuss is the overgrowth of trees in this area between my fence and the walking path. The maintenance of this area and the trees which have been falling into my yard for years. Also, I've discovered with the bends in the fence that it was happening before I even bought the property. So for example, currently I have the trunk of a tree that it fell three years ago into a rhododendron and azalea in my yard. I cut off all the branches in the tip of the tree just to save my plants. But the trunk is still protruding into my yard. I also have in the corner of my property now two trunks that are about 8 to 10in each, which have of the willow trees from the Tigard side lying on my fence, and another trunk about eight inches above the fence. The rest of those trees are about 35ft of trunk. Branches and foliage are lying in my yard over three shrubs, with branches holding up the trunks of the tree in the air. So it's a bit of a dangerous situation. At the end of the fence has been destroyed by these trees. I believe it's a rather isolated problem area. I know it's not typical of all the other houses along the creek. 15 00:05:01,170 --> 00:05:03,770 If you can wrap it up, please. Okay. Two minutes up. 16 00:05:03,770 --> 00:05:13,850 Um, so, um, I've just requested of the city that they clean up the mess and they do something about the maintenance of this area. Thank you. 17 00:05:13,850 --> 00:05:17,730 Thank you Chris. 18 00:05:17,730 --> 00:05:31,090 All right. So our next item is the Roger Puthoff. Hi, Roger. Hello. 19 00:05:31,090 --> 00:07:44,710 Um, my name is Roger Puthoff. I live at 11710 Southwest Anne Street. Uh, it's been my wife and my home for 27 years. Um, and I'm here tonight in furtherance of, uh, the topic of code enforcement. Uh, with respect to the conditions that we're living with. But more to the point, to show you how, uh, how this has degenerated over time. And I'm not talking about the property now. I'm talking about code enforcement. Um, my neighbor sent an email to Ken Ross, um, using her email, uh, handle hot mess homestead northwest. Hi, Ken. I'm attaching a photo of the tent in my neighbor Roger Potthoff backyard. I believe the person living in that tent is Justin Potthoff, but I cannot confirm that. My main concern is that when I looked up this person, I immediately found him listed as a sex offender. Having kids here in the history of River Potthoff. I'm sure she meant Roger AI to the rescue. Uh, Roger Potthoff filming our property and family. I can't do nothing. To my knowledge, this person has been living there for 3 or 4 weeks and they are only allowed 14 days under per city code. Now, the individual that she cited as a person unrelated to I or my wife and, uh, he his name is Justin Potthoff. He is indeed a registered sex offender. Um, however, he lives in Missouri. And the fact is that this is what this is what a Google search will do. And consequently, this information was, was put forward to the city with the picture not of him on the property, just the picture of a tent. 20 00:07:44,710 --> 00:07:45,710 Can you wrap it up please? 21 00:07:45,710 --> 00:08:00,490 Okay, I, I that concludes I will leave these documents, uh, with, uh, with you. Um, and I thank you for your time. And I ask for some consideration of justice. 22 00:08:00,490 --> 00:08:17,890 Thank you, Roger and Chris, for your public comments. Uh, so let's move on to, uh, phone or phone or video, uh, public comments. Uh, Mister water. 23 00:08:17,890 --> 00:08:19,570 Are there any callers in the queue for phones or video testimony? S5: 24 00:08:19,570 --> 00:08:29,170 All right. So please, uh, patch in the caller. 25 00:08:29,170 --> 00:08:38,570 Hello? Hello. Welcome to Tiger City Council meeting. You have two minutes to provide your public comment. Thank you. 26 00:08:38,570 --> 00:09:22,620 My name is Jim Long, and I want to read to you the Climate Action Tiger mission statement. And it ends up the last bit of. It says for positive habitats for humans and wildlife of all species. The mission statement says to inform about consequences of changes in weather patterns, educate, encourage and empower meaningful actions by local individuals, as well as by all levels of government globally, particularly the city of Tigard, for positive habitats for humans and wildlife. All species on our vision statement says. Supporting human actions to maintain a healthy environment for future generations of all species. 27 00:09:22,620 --> 00:09:24,340 Thank you. 28 00:09:24,340 --> 00:09:28,620 Thank you Jim. 29 00:09:28,620 --> 00:09:38,140 All right. Let's move on to City Manager report. City Manager rager will provide a brief report. Good evening. 30 00:09:38,140 --> 00:11:01,680 Good evening, Mr. Mayor and Council. Uh, we've got a slide that'll show up here in a second. Here. Um, we're looking forward to the return of the downtown Tigard Street Fair that's coming to Main Street on Saturday, September 12th from 10 a.m. to 6 p.m.. Hosted by Tiger Downtown Alliance, this free community event features over 100 local artisan vendors, a great lineup of food trucks, kids activities, and live music starting at 11 a.m. following a dedicated, sensory friendly quiet hour that starts at 10 a.m.. It's one of the great examples of our downtown coming alive, and we encourage everyone to come out, support local businesses, and enjoy all that the Street Fair has to offer. We hope to see you there. I also want to share a quick update about the Tigard Senior Center. The center is temporarily closed from August 31st through September 20th, while roof replacement work is underway. We know the center is an important place for connection, wellness activities and meals for many in our community, and we appreciate everyone's patience while this necessary work is completed. While congregate and other activities will be canceled during this time, the Meals on Wheels delivery service will continue. That's it for my report tonight. 31 00:11:01,680 --> 00:11:49,970 Thank you. City manager. Council member, do you have any questions or comments? Nope. Okay, let's move on to the next agenda item which is a consent agenda. The consent agenda is used for routine items including approval of meeting minutes, contracts and intergovernmental agreements. Information on each item is available on the city's website. In the packet for this meeting. This item 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. Tonight, we have a resolution to approve the Comcast Cable franchise. Agreement. Renewal. 32 00:11:49,970 --> 00:11:54,370 Any questions or motion? S8: 33 00:11:54,370 --> 00:11:55,410 Second. 34 00:11:55,410 --> 00:12:04,770 Thank you. The motion be moved by Councilor Schleck and second, by Councilor Guduchi. 35 00:12:04,770 --> 00:12:37,610 Is there any further discussion? S1: 36 00:12:37,610 --> 00:13:20,300 And those wishing to comment for this public hearing should call now to get into the queue. Anyone present wanting to comment should sign up on the public comment form for agenda number. Agenda item number five at the front of the room. Council members may ask the staff and witness questions throughout the hearing until the record closes. After the record is closed, the City Council will deliberate without about the request. During deliberations, the City Council may reopen the public portion of the hearing, if necessary, to receive additional evidence before making a decision, so City Attorney will read the hearing procedures. 37 00:13:20,300 --> 00:15:52,180 Good evening Council. This is a quasi judicial land use proceeding. Council's decision must be based on the following substantive criteria. Statewide planning goals one, two, five, six, seven, 11 and 12 metros. Urban Growth Management Functional Plan titles three and eight. Tigard Comprehensive Plan policies 1.1, 1.2, 1.2.1, 2.1.3, 2.1.8, 2.1.16, 2.1.17. 2.1.22. 2.1.23. 5.1.1. 5.1.8. 5.1 point ten. 5.1.12. 6.2.1. 6.2.4, 7.1.4, 7.1.7, 7.1.8, 7.1 point ten, 7.1.14, 7.2.1, 11.1.1, 11.1.6, 11.4.2, 12.1.1, 12.1.2, 12.1, 12.5.1 and 12.6.1 and Tigard Community Development Code chapters 18.1, 40, 18.5, ten, 18.7 ten, 18.7 90 and 18.9 ten. Testimony, arguments and evidence must be directed towards the relevant approval criteria described in the Staff Report or other criteria in the plan or Land Use regulation that apply to the decision. Failure to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal to Luba on that issue. Failure of the applicant to object to a condition of approval may preclude an action for damages in circuit court. Members of the City Council will be asked whether they have any conflicts of interest. If a council member has an actual conflict, the council member cannot participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have an independent knowledge of relevant facts, such as from a visit to the site in question. Council member who describes ex parte contacts or independent information must state whether the contact has impaired their impartiality or ability of the member to vote on the matter. Any discussion of conflicts after the discussion of conflicts and ex parte contacts. Any person may challenge the participation of a council member or rebut any statements made. The council member in question may respond to such a challenge. 38 00:15:52,180 --> 00:16:01,420 All right. Thank you, City Attorney. 39 00:16:01,420 --> 00:16:22,420 Are there any declarations or challenges? S1: 40 00:16:22,420 --> 00:16:52,950 Good evening. Should I pull up my presentation or Robert? Okay, I'll just give one minute here. 41 00:16:52,950 --> 00:16:56,150 What's the slide called? 42 00:16:56,150 --> 00:17:44,920 It's five d. 43 00:17:44,920 --> 00:18:05,200 All right. Okay. Good evening, Mayor Hu and councilors. My name is Jenny McGuinness, associate planner. The item before you tonight is the Summer Creek Bridge stabilization. Comprehensive plan. Map. Amendment. Public hearing. Next slide please. 44 00:18:05,200 --> 00:18:39,180 All right. So the project area consists of property within the southwest 121st right of way between Mare Stone Court and Catherine Street. And the tax lot east of the right of way that encompasses the creek. The total project area is approximately 0.07 acre and is zoned Parks and recreation. The project area within the significant wetland and associated vegetated corridor, which is the piece that is associated with this hearing is 0.03 acre. Next slide please. 45 00:18:39,180 --> 00:18:54,900 So this application includes a comprehensive plan map amendment to remove protection from significant wetland areas, as well as a sensitive lands review for work within the FEMA flood hazard area. Next slide. 46 00:18:54,900 --> 00:19:51,590 All right. So on the left you'll see a photo that's taken of the project site showing the northeast bank of Summer Creek, as well as the guardrail that is proposed to be replaced. And then the project includes replacement of the bridge guardrail stabilization of both the north and southeast creek banks, replacement and extension of the wing walls, replacement of the storm sewer pipe. Installation of riprap stone around the existing manholes, and clearing all debris from the culverts. Next slide. And then here is a map that shows the location of the proposed improvements, as well as the significant wetland area and the vegetated corridor. The permanent impact area includes 0.03 acre of area within the significant wetland and vegetated corridor. 47 00:19:51,590 --> 00:20:02,270 All right. And then the yellow is the wetland, and then the green is the vegetated corridor. And then you can go ahead to the next slide. 48 00:20:02,270 --> 00:20:30,320 All right. This project was identified on the city's CIP as a needed project. As the banks are eroding, which is creating dangerous conditions for the adjacent property to the north and creating undesirable conditions for the creek. Additionally, city utilities, including stormwater and sewer facilities, are deteriorating and the guardrail on the bridge is failing, leading to unsafe road conditions. Next slide please. 49 00:20:30,320 --> 00:21:37,730 So a requirement of the Comprehensive Plan map amendment process is to justify the amendment through an environmental, social, economic and energy analysis, or by demonstrating that the wetlands are not significant. In this case, the applicant chose to justify the amendment through an ESG analysis. So that evaluation involves identifying the consequences of allowing, limiting, or prohibiting conflicting uses in the resource area. And the conclusion of the analysis is that allowing the conflicting use will avoid many of the negative consequences that would be attributed to prohibiting the conflicting use. So and also will allow the benefits to be realized, which include improved creek health by stabilizing the banks, which leads to less erosion, sedimentation and plant loss, repairing city utility facilities, which will prevent costly repairs in the event of failure, as well as providing safer facilities and in decreasing the city's liability in the event of a crash on the roadway or a failure of the adjacent properties driveway. Next slide please. 50 00:21:37,730 --> 00:22:01,890 The proposal provides detailed information on how the development complies with all applicable comprehensive plan policies, statewide planning goals, and Metro titles three and eight. All applicable Development code criteria and standards are met or can be met through conditions of approval, and staff finds that there are adequate public facilities to serve the proposed development. And next slide. 51 00:22:01,890 --> 00:22:29,260 Um, and on August 3rd, 2026, the Planning Commission made a unanimous vote in favor of recommending that the City Council adopt by ordinance the proposed Comprehensive Plan map amendment and Sensitive Lands review, thereby removing goal five protection from 0.03 acres of locally significant wetlands from the Tigard Wetland and Stream Corridor map inventory. And that concludes staff presentation. Thank you. 52 00:22:29,260 --> 00:22:46,820 Thank you, Associate Planner for the staff presentation. Next I will invite applicant and to testify. And our project manager bowling will present the applicant testify. Testify. Yeah. Go ahead. 53 00:22:46,820 --> 00:26:49,990 Excellent. Good evening. Mayor. Members of the council. Um, we do have a presentation that will be brought up with some photographs that I think will be helpful to describe the project. I'm Matt Bowling, I'm a project manager with the Department of Public Works Engineering Division, and it's a pleasure to be here this evening. This project was one of the first projects that I got when I got to the city, so it's been on the books for a little over a year now. It's a part of our CIP, um, as was mentioned by Jenny. Um, and when we're ready, we're ready for the next slide please. The project location map. Most of the work is on the east side of the bridge there, which is delineated with the red hash. Next slide please. And so Jenny just talked about this, but there's nine work items which, uh, are proposed or part of this project. The North Creek is going to be stabilized with riprap stone and geocells with plantings. Root wads six, um, feet in diameter will be installed in the creek bed itself to slow down water flow, um, and to provide some stabilization to the creek itself. The north wing wall, which are those walls that extend off the bridge that you can see in the photo within the circle there that will be replaced and extended by six feet. Um, and there will be a new stormwater pipe and you'll see why here in a second with a photograph that will be a part of that. That'll direct flows from 1/21 a little bit more efficiently into the creek rather than right back into the stream bank. Uh, the north culvert will be clean. Now, if we move to the south culvert, which is the one at your top of your screen, if you're looking at this photo, it's going to be stabilized with riprap stone and geocell and plantings as well. The south wing wall will be replaced and extended by six feet. We're going to riprap around that sanitary sewer manhole that you see in the photograph there on the far bank. And then the road guardrail will be secured with new footers. And there's a photograph upcoming. It'll show just how exposed that was. And really, one of the reasons this project was so urgent in the south culvert will be clean. Next slide please. So this was identified in the city CIP. And really it was brought to our attention. It's my understanding by the residents at 11790 southwest 1/21 that slowly saw more and more of the land a budding. Their property get washed into the creek during high water events and it doesn't look like it in this photo. It doesn't look like it on a typical summer day. But when the water comes through there, it comes through there. It flashes really quickly, and it's been leading to a lot of erosion, to the point where it was presenting a life safety concern. Um, you can see um, where the North Creek has, has been eroding within 17in of the driveway foundation at that at the home, you can see where the manholes have been exposed and that's been totally eroded away. And soon you'll be able to see in a better photograph where the foundation or the footers of that guardrail for the road have been exposed to again, during those high water events. Um, so next slide please. One thing I failed to mention on the previous slide that unmitigated stormwater flow is not great for the creek biodiversity either, or the health of the stream. It leads to erosion, sedimentation, plant loss, high turbidity, which is not good for species. It's not good for, um, it's not conducive to a healthy stream. So this should slow those flows where the arrows are pointing. You can see that's a concrete footer that is totally exposed on that right guardrail. If you were to count them one, two, three, four, the one with metal. So that's a concrete footer that's just totally not no longer in the soil that's exposed. You can see parts of the other footers where those other arrows are pointing. That was a measuring tape that we took in November from the foundation of that driveway, which is 17in to a drop off, pretty precipitous drop from the driveway into the creek on the north bank. Next slide please. 54 00:26:49,990 --> 00:27:55,960 These photos are recent photos during the rains we recently had, which came a little earlier than expected. And it's indicative of the type of soil that's out there. Very soft soil right now. In that photo on the left that I mentioned that we're going to have a storm pipe that's replaced. That's one of the pipes that's going to replace you. Maybe it's not clear in that photo, but it's currently not connected on the bottom pipe. Um, that um, um, PVC is totally not connected to the stormwater pipe. Um, there's a gap of an inch or so. That's not great for stormwater flows. It's not how you design it. It's not the way it really should be. We're going to fix that as part of this project. Um you can see where water, um, you know, how soft that soil is and just a little bit of water has washed away beyond the shoulder of the road there. Um, just right there at the headwall where those culverts all are. And one of the reasons we're putting in strengthened culverts, one of the reasons we're putting these wingwalls is to, to remedy that, to ensure that that soil will be held in place. Uh, next slide please. 55 00:27:55,960 --> 00:30:39,800 Here on the on the property near that home, you can see where some of the shoring and lagging has been put in place. If you notice that little bit of a gap on the right side of the photo, that little crack that kind of runs between those two white PVC pipes. Then look on the left. So that was like early on in the rain, maybe got a little bit of rain. And then as that rain persisted, look at how wide that that settling occurred. And again, that's just that soil is extremely soft. So this riprap stone that we're proposing that we're going to put in is going to help stabilize that creek bank to ensure that that driveway doesn't go anywhere to ensure the home doesn't go anywhere. And really, it was of a life safety concern. Next slide please. We did do an analysis, which Jenny touched on and evaluated the consequences of allowing, limiting, or prohibiting the conflicting use in this resource area. And it's not lost on us that this is a greenway. Um, and so we want to make sure we, we do everything absolutely by the book and above and beyond reproach. Um, so the benefits of allowing this conflicting use would, it would alleviate the life safety concerns at 1.1740 southwest 1/21, it provides safer transportation facilities for residents and visitors by repairing that guardrail. Um, if, a vehicle were to hit that guardrail in its current state before we started work, that vehicle could very well end up in the creek. This will fix that. It will improve the creek health by stabilizing those creek banks. It will lead to less erosion, sedimentation and plant loss, and it will repair utility facilities owned by the city. It will also better protect that sanitary sewer line, which is a clean water services facility. Um, preventing costly repairs in the future. Next slide please. That's that's all I had as a thank you. And I have to say thank you to the residents. Mr.. Mr.. Jim Long and Joe McMahon and Roger Potthoff and Kanika Ong and Amy Chamberlain have all provided valuable feedback throughout this process and more. Um, those are just the names that, that I was jotting them down before this meeting to try to make sure I thanked everyone and thank you for their feedback and, and shape this project. In addition, the construction crew, real credit to them. They were out there yesterday on holiday doing work because that rain came in on Sunday. They were out there on Sunday doing work because the rain came in on Sunday. Um, they were out there on Friday. They typically work four tens, but they were out there Friday because they recognize um the, the urgency of the situation and the need to get things stabilized out there to return things to normal as soon as possible. So a real credit to them as well. So I want to say thank you to them. Brown construction and that's all I had for you. Thank you. 56 00:30:39,800 --> 00:31:22,970 Thank you, project manager Bowling for providing the applicant testimony. Let's move on to public testimony. Uh, there were no written comments received for this item by noon Monday. Um, so when I call your name, uh, if you sign up when I call your name, please come forward to the table. Uh, please state your name and spell your last name and give your give, give us your full mailing address, including zip code. Um, if you can, please do not repeat comments made by other people. Um, so do we have anybody so we have nobody sign up. Okay. Mr. 57 00:31:22,970 --> 00:31:25,050 Walter, are there any callers in the queue to testify on this item? S5: 58 00:31:25,050 --> 00:31:44,370 All right. So, uh, good evening. Caller. So when I so before you begin, please give you your name, spelling your last name and give you the full mailing address, including the zip code. After that, you have two minutes. Thank you. 59 00:31:44,370 --> 00:31:49,770 My name is Jim Long, LONG 60 00:31:49,770 --> 00:32:00,290 uh, 11755. Southwest, 114th place, Tigard, Oregon 97223. 61 00:32:00,290 --> 00:32:06,530 Um, I did submit some testimony both by email. 62 00:32:06,530 --> 00:32:11,180 I see the mayor talking, but I can't hear him. 63 00:32:11,180 --> 00:32:14,580 We can't hear you. 64 00:32:14,580 --> 00:32:15,660 Can you hear me? 65 00:32:15,660 --> 00:32:22,460 Yes, I can, Mr. Water, can you stop the clock and start over again? 66 00:32:22,460 --> 00:32:27,340 Please. We can hear you. If you can hear us, please start. 67 00:32:27,340 --> 00:32:41,420 Okay. I guess the broadcast on TV is delayed. Um. I did have trouble. I did get cut off on the phone, uh, already once this evening. Um, I did submit testimony. 68 00:32:41,420 --> 00:32:53,020 Did you receive the testimony? S1: 69 00:32:53,020 --> 00:33:37,750 On the on the website, it said by 4 p.m. and I got some in by 4 p.m. and some in at 5 p.m.. But first, let me start with some facts. Um, I have I know some former employees of the Oregon Department of Fish and Wildlife, and they have seen painted turtles, western painted turtles and western pond turtles living in near Stone Creek. Summer Creek, Summer Lake and Fanno Creek. And all of these are listed for state protections. Western pond turtles are proposed to be federally listed as threatened or endangered, and hence also need protections. Does the city of Tyler. 70 00:33:37,750 --> 00:33:40,390 Are you not hear me? S1: 71 00:33:40,390 --> 00:34:10,600 Okay. Uh, does the city of Tigard have an official biologist? Uh, shouldn't there be something more than the culvert put in there? And why was construction started before the City Council approval of this item? You're having a public hearing, and it's already the. The construction has already happened. One of my offices is near Summer Creek and during the seasons I can see it and sometimes it's flooded. 72 00:34:10,600 --> 00:34:28,840 Will the city be restoring protected. Comprehensive plan map is amended to safe harbor protection. 73 00:34:28,840 --> 00:35:10,460 Did the city or property owners remove the huge dams that created the pond on near Stone Creek, west of 121st? S6: 74 00:35:10,460 --> 00:35:11,700 All right. Thank you. Thank you. 75 00:35:11,700 --> 00:35:15,060 I'm ready for questions. Questions for me. Thank you. 76 00:35:15,060 --> 00:35:20,660 Thank you. All right. Do we have any. 77 00:35:20,660 --> 00:35:26,100 Yeah. We'll give you the opportunity to respond. Yes. 78 00:35:26,100 --> 00:35:26,620 Go ahead. 79 00:35:26,620 --> 00:35:28,820 Pardon me. I received Mr. Long's correspondence. 80 00:35:28,820 --> 00:35:29,380 Oh, okay. 81 00:35:29,380 --> 00:35:33,060 And I did some research to answer many of those questions. Okay. I'd be happy to answer them. 82 00:35:33,060 --> 00:35:38,260 Yeah. So please do. Yeah. So please respond to testimony by staff. So please go ahead. 83 00:35:38,260 --> 00:38:09,250 Absolutely. Um we did, we received a permit from ODF in July to go ahead and gave very specific directions if we were to encounter one of the turtles described by um Mr. Long and his correspondence. And then on the call there, we have not run into those turtles are captured any at this point. Um the POC, if we were to encounter one of those turtles is a regional wildlife conservation biologist, Susan Barnes. We did a full report that I shouldn't take any credit for. WSP, our consultant did a full report by Ingrid Larsen, wildlife biologist on Summer Creek and, um, Stone pond, and the species that would be present. And I can testify on behalf of those crews that were out there over the weekend dealing with rain. They were cheering for the beavers. Uh, and not just because they went to Oregon State, but they were cheering for them because the beaver dams were helping them with the rain. So, um, they, they wanted those dams to hold as much as they could hold as much water to keep it upstream. So they were, um, there's beaver dams were left intact and not damaged by the, by the crews. Um and they did note that they have not seen beavers, the crews, but they've seen river otters, believe it or not. So they've seen river otters up there. Um and, but they have not run into any beavers yet. We think we saw one snapping turtle, which is an invasive species, but it was not captured. Had it been captured? It was while we were driving away from the job site. Had it been captured, we would report it to Susan Barnes. And that capturing really should be done by a trained biologist, to Mr. Long's point. But if it's you, report it to Susan Barnes and I believe they're euthanized humanely. The snapping turtles that are invasive. We did receive specific instruction as well with a certain type of bullfrog. Should we encounter those bullfrogs again to be captured and then euthanized because they're invasive as well? They did do fish capture in full accordance with the permit conditions, and they were warm water fish species that were encountered, which, um, I believe it was a smallmouth bass or largemouth bass, if I'm not mistaken, a number of different types of minnows. And then a lamprey, I want to say, but I don't remember off the top of my head, I think that answers all of the biological related questions and the question about protections returning to land. I'll turn it over to Jenny. 84 00:38:09,250 --> 00:38:42,530 Yes. So the answer to that question is. So a comprehensive plan map amendment is very specific to a specific development. So, um, this comprehensive plan map amendment, if approved, would allow this specific project to be done if additional work were to be proposed. Let's say five years down the road, a new comprehensive plan map amendment would need to be approved. So protection is not removed from the area indefinitely. It is removed for a specific purpose and a specific project. 85 00:38:42,530 --> 00:38:48,530 And I believe he asked about why it's the work has already started before the hearing. 86 00:38:48,530 --> 00:40:01,960 Yes. And that is really because of the urgency of the road guardrail and the erosion on the home. We have a limited in-water work window that we. For in-stream work that runs from July 15th to September 30th. If we don't finish the work within that window, the work is effectively postponed to the next in-water work window, which would be next year. And that was just a risk that when we we better understood when we got kind of our boots on the ground and went out there and looked at it and did some measurements that we were just not ready to live with that risk and that liability to be very candid, knowing that that bridge guardrail was, uh, perhaps not secure and that this driveway was within 17in of where cars are parked and people are living. So that's why we moved forward with the, the project ahead of the timeline, but we got full permitting from DSL, DFW Clean Water Services. And now we're going through our process here in the city as well. And we were in full consultation with Jenny and and her team throughout the process. It was not by any stretch to circumvent anything. It was really just because of the urgency of what we what we determined to be. Life safety concerns. 87 00:40:01,960 --> 00:40:10,400 Thank you. Anything else you can remember? Okay, so Council member, do you have any questions? 88 00:40:10,400 --> 00:40:12,280 Councilor Shaw, please go ahead. 89 00:40:12,280 --> 00:40:22,480 Thank you. Really appreciate the report and the answers to the questions. So thank you very much. And I don't know if I heard the right date was July 15th through September 30th. 90 00:40:22,480 --> 00:40:24,680 September 30th. Yes, yes. 91 00:40:24,680 --> 00:40:33,840 Great. Thank you. I remember there was a window, but I didn't know the exact time, so thank you. Now I now I know, I appreciate that. 92 00:40:33,840 --> 00:40:36,280 Councilor Anderson, please go ahead. 93 00:40:36,280 --> 00:40:42,120 Yeah. So if this is approved, you will be done by September 30th with all the construction. 94 00:40:42,120 --> 00:41:17,610 Let's hope the rain holds off, Mr. Anderson. Um, if that rain holds off. Yes. Um, that rain makes it really difficult. Now, I got good news. I was out there this afternoon at 430, and they just finished pouring their first concrete for the wing wall. It's a huge step. There's more rain projected this weekend going into this weekend. We're hoping it can hold off, but if we can just stay just dry enough to get this concrete poured, we will be done by September 30th. And I asked the site superintendent, as I think you're going to be on track. And he says, I think I'm going to be on track. We're going to make it so. Yes. 95 00:41:17,610 --> 00:41:33,290 All right. Seeing no further questions, I will close the public hearing. And now we're going to council deliberation. Um any comments or concern or motion. 96 00:41:33,290 --> 00:41:45,490 Just just comment. Thank you, Matt, for following up and responding to the questions that were submitted as well as in the testimony. But with that I move to approve ordinance number 26-14. 97 00:41:45,490 --> 00:41:46,810 I'll second. 98 00:41:46,810 --> 00:42:04,740 Thank you, Council President Wolf, move the move the motion. Make the motion. And then, uh, Councilor Shah. Seconded. Any further discussion with the acting city manager? Recorder read the number and title of the ordinance. 99 00:42:04,740 --> 00:42:23,380 Ordinance number 26-14, an ordinance approving comprehensive plan map amendment CMA2026-0001/C-SLR2026-0001 100 00:42:23,380 --> 00:42:43,300 to remove goal five protection from 0.03 acre of locally significant wetlands from the Tigard Wetland and Stream corridor. Map inventory associated with emergency repairs to the southwest, 121st Avenue Bridge and Summer Creek Bank stabilization. 101 00:42:43,300 --> 00:42:47,660 Thank you. Was Acting City Recorder. Please conduct a roll call. 102 00:42:47,660 --> 00:42:51,750 Vote Councilor. 103 00:42:51,750 --> 00:42:55,710 Thank you. The pros outweigh the cons, so. Yes. 104 00:42:55,710 --> 00:42:56,470 Mayor. 105 00:42:56,470 --> 00:42:57,750 Who? S1: 106 00:42:57,750 --> 00:42:59,190 Councilor. 107 00:42:59,190 --> 00:43:00,190 Yes. 108 00:43:00,190 --> 00:43:01,630 Councilor. Shaw. 109 00:43:01,630 --> 00:43:02,630 Yes. 110 00:43:02,630 --> 00:43:03,990 Council. President. Wolf. 111 00:43:03,990 --> 00:43:04,910 Yes. 112 00:43:04,910 --> 00:43:06,070 Councilor. Anderson. 113 00:43:06,070 --> 00:43:08,350 Yes. 114 00:43:08,350 --> 00:43:15,790 Ordinance number 26-24 is adopted by unanimous vote of the Council. Present. 115 00:43:15,790 --> 00:43:19,430 2614. 26. 1408. 116 00:43:19,430 --> 00:43:22,670 Did I say that? 117 00:43:22,670 --> 00:43:31,310 Oh. So. Yeah. Okay. 2614 thank you. All right. Thank you so much. 118 00:43:31,310 --> 00:43:47,760 All right. Let's move on to public hearing. Next item is public hearing. Consider ordinance for street name change. And this hearing is being postponed. The public hearing will be noticed again for the council meeting on October 6th, 2026. 119 00:43:47,760 --> 00:44:08,240 Uh, does anybody have any questions about the postponement? No. Okay. So let's move on to the next item on the agenda, which is Photo Enforcement Program update. And I will invite Lieutenant Carlson. Carlson and Sergeant Doty to provide the staff report. 120 00:44:08,240 --> 00:44:22,880 Hello. 121 00:44:22,880 --> 00:44:40,320 Good evening. I was asked to put together a presentation for you regarding photo enforcement, because it's been quite some time since we've presented to council on the issue. The presentation. Ready? All right. Next slide. This is financial. 122 00:44:40,320 --> 00:44:53,450 This is the wrong presentation. 123 00:44:53,450 --> 00:44:59,130 Hey, Robert, it's actually going to be item eight on this one. I forgot to switch it. 124 00:44:59,130 --> 00:45:01,290 Okay. Item eight. Hold on. 125 00:45:01,290 --> 00:45:11,210 Thank you. 126 00:45:11,210 --> 00:45:19,930 There we go. 127 00:45:19,930 --> 00:49:06,100 Okay, we're ready to go. All right. Next slide please. There we go. Okay. Uh, we came here to talk to you today. Sorry. A little nervous about, uh, what we've done. You may remember that we updated to a new vendor last year. Uh, last year was our partial first year of using the new vendor and ended this year. We have the data to show you regarding that. Um, but to give you kind of a breakdown as to how we do this, I wanted to make sure that the council knew that, um, currently we're reviewing all citations with sworn police officers that otherwise would be on the road. Um, uh, it's taking quite a bit of time because of the number of citations that we're doing. And I came to ask the council to consider at some point, not today, um, creating three half time non-sworn positions that could not only approve the citations and then prepare and testify in court for those citations. Next slide please. Um, kind of an overview of what we have. We have three locations total in the city currently. First one is Southwest Pacific and Hall Boulevard. Here we have both photo red light north and southbound on Pacific Highway as well as northbound haul turning right onto Pacific Highway as well as speed enforcement. Next slide please. Durham Road is only photo red light and that is straight through on both sides. Again that's Pacific in Durham. And then the next slide is 72nd. And then here we also have both photo red light and speed enforcement. Um only on Pacific Highway. So none of the turns onto either uh, off of 72nd onto Pacific or Fred Meyers is is caught. All right. Next slide please. Um, currently how it works, we determine the rules that are set by the vendor will capture the citations, uh, or rather the potential violations as they occur. Um, they will match the photos of the license plate, the vehicle, make sure it's a clear image. The driver, make sure that's a clear image and that a violation may have actually occurred and they'll send that to us. At that point, it is reviewed by a police officer that goes through, observes everything I just said, make sure that a violation occurred. And then they verify that the driver matches the registered owner of the vehicle, which takes 3 to 4 minutes, I'd say, per citation. Um, if there is a violation to be issued, they approve the violation. And then the vendor prints out and mails the approved citations to the citizen. Um and we then prepare for court and we show up here in court, sometimes once a week, sometimes twice a week. And now starting very soon, three times a week. And again, this is a sworn officer that otherwise would be out on the road. Okay. Uh, next slide please. Uh, just to give you an idea of what we see on our side, um, this is an example of a violation occurring. You can see the vehicle Vehicle going through the intersection. The license plate and then the driver. We also get a close up photo that we did not include for obvious reasons of the driver that we then would take and then match against their driver's license photo. Next slide. This would be an example of what a video clip looks like that we observe of the violation. If you push play, you can see what we're talking about. 128 00:49:06,100 --> 00:50:11,990 So the light turns red. There it goes. Car goes through. This flashed a couple of times by the photo enforcement, and then a violation would then be generated to send us to approve. Okay. Next slide please. So this is kind of the interesting stuff from my mind. It's these are all the red light intersection violations. And like I said, 25 is kind of an odd year because we had two vendors working in a period down period through the center of the year while they were switching vendors. But if you look at 2024, you can see like for example, in Durham, we had 381 total violations captured with 313 citations issued. And then we go to this year, just to July 1294 and 981 violations issued. So very considerable looking down halls the next line. And then we go on to the next slide. 129 00:50:11,990 --> 00:52:57,430 We noticed on Hall Boulevard, going from 2024, they had 1554 this year, 578. We did notice a decrease there. Um, we believe it's due to the congestion of the area, but we're still looking into that a bit. But moving on to 72nd 6601 for the entire year so far this year we're at 9597. Um so we're probably going to be up around 14,000 to 14,000 by the end of the year. Okay. Next slide please. Uh, this is what we're trying to avoid. This is the whole reason we're doing this is the PD. This is why we're interested and involved in it. Um, it's because we can't be everywhere. Um, and you push play. These are the types of things that we're catching. So red light right through. Whoop. Mrs.. Drives around. Mrs.. Again goes through. I personally have seen multiple very serious crashes at this intersection all involving speed. Uh, that we all drive it every day coming down 99 from I from I five people were going very, very fast and going through that light and t-boning people. And so moving on to the next slide, um, we did some research and believed that photo enforcement would reduce crashes in the city of Tiger. That's why we were in support of it. Here's some of the data that we found to support that. And then lo and behold. Next slide. This is the data. So from 2016 to 2019 Pacific and all 90 crashes averaging 22.5 a year. So once we started photo enforcement 2020 to 2025 split in half. Uh, granted, Covid was in there in that time period. I'll be interested to see what this looks like from 2022 to 2027. But the numbers seem to show that there is a dramatic decrease in crashes at the intersections that are involved. Next slide please. So again, um, Council may want to consider at some point expanding the program to intersections that would be valuable for this to reduce crashes. And then from our side. Please do consider at some point, maybe adding some traffic safety agents which are now allowed by IRS to do the approvals and the court testifying related to this. Um, there's a follow up presentation after mine, uh, talking about the numbers and the money side of it. So we're not involved in that. That concludes my presentation. 130 00:52:57,430 --> 00:53:03,510 Thank you. Lieutenant. Um, Council member, any questions? Councilor Shah. 131 00:53:03,510 --> 00:53:26,910 Thank you mayor. I appreciate the presentation. So a couple of questions. One with the vendor data. Does it show. And I'm looking not for names or vehicle type, but does it show if there's repeat offenders like two times, three times four times. So the same individuals going through and we're seeing multiple infractions on one individual that's not currently. 132 00:53:26,910 --> 00:53:45,040 Um, we talked with the vendor about adding that feature because another agency in this in the state that uses that also asks that question. So currently we'd have to we'd have to run the license plate itself to see those violations. But if your plate showed up, I wouldn't know how many times you had gone through it. 133 00:53:45,040 --> 00:54:21,880 I think it made me think of that when Police Lieutenant Clarkson, hopefully I pronounced it correctly, had mentioned that there might have been an increase in traffic. And I'm not sure if you get traffic reports from Odot or if they're tracking if there has indeed been an increase. And again, the reason I'm asking is because we've seen such an increase in violation. And I'm wondering if we just happen to be very popular in the area. Everyone wants to come to Tigard and that's what we're seeing. 134 00:54:21,880 --> 00:54:46,610 Or if and if, if indeed, are you able to track that increase in traffic via Odot on Pacific Highway? S16: 135 00:54:46,610 --> 00:54:47,450 Go ahead. 136 00:54:47,450 --> 00:55:08,210 One last follow up. Do we have a educational or communications campaign just to let people know that in those three locations, we do have enforcement cameras. And if we do, are the signs any of those locations blocked by trees that may have grown, or is there remedies for such. 137 00:55:08,210 --> 00:55:52,220 The. Every major entrance into the city of Tigard has photo enforcement signs that were put up beforehand, and those are still maintained by the city. Uh, we did an extensive both social media outreach, um, council presentation, outreach, any, uh, or we. We did an open house where we also spoke about the same community academy, reaching out to the community, letting them know this was coming. That was, of course, six years ago. So now I think most people are aware. I can just tell by the driver driving behavior when people are coming down the hill, how much everybody slows to exactly 35 as they come to 72nd. Um, does that answer your question, councilor? All right. Thank you. 138 00:55:52,220 --> 00:55:55,180 Councilor President Wolf. 139 00:55:55,180 --> 00:56:21,340 Thank you both for the presentation. And, um, just to confirm, and I appreciate the recommendation for the three half time non-sworn any downside, anything that would be missed by replacing sworn officers with Non-sworn individuals or FTE? Just kind of confirming. I know that that's allowed in in my mind, it makes sense, but I feel like just to ask that question. 140 00:56:21,340 --> 00:57:03,360 They would be trained by us. And these very well may be retired police officers that we'd end up hiring to do this. Um, that is typically what other agencies do for these positions. So they would know very well the rules and the law. And they'd actually in some ways may be better in some ways because this is all they're doing. So they get very, very proficient at doing it. Very, very proficient at preparing for testimony, coming into court, knowing how court works here and how we do it. And kind of the most important thing are actual badged up police officers are on the road answering calls, and that's where we want them. I don't want them inside approving citations. 141 00:57:03,360 --> 00:57:06,400 Thank you both. 142 00:57:06,400 --> 00:57:17,920 Uh, when you talk about consider program expansion, are you ready to give us a preview of what you're thinking about or you would rather wait until come back later? 143 00:57:17,920 --> 00:57:56,130 I'm definitely not ready. However, I have spoken with engineering. We've gone over a very extensive list of possible locations that might benefit this service. And there are plenty. I mean, offhand, I can think of Guardian 99. Guardian could probably use some of this 121st and Scholls ferry. I see a lot of crashes up there. Um, Hall Boulevard and Bonita, for example. Lots of serious crashes there as well. There are all sorts of locations that I think this may help, but I'd rely on the data to show that to you. 144 00:57:56,130 --> 00:58:16,010 Okay. And one final question. I think earlier, earlier on with this new vendor, we received concerns or comments about, uh, test, test, bright lights, a little bit test flash there a little bit too bright. 145 00:58:16,010 --> 00:58:28,700 How do you think you have addressed those concerns? S16: 146 00:58:28,700 --> 00:58:30,140 Okay, great. 147 00:58:30,140 --> 00:58:39,660 Any other questions? Hearing none. Thank you very much for the update. Have a good evening. 148 00:58:39,660 --> 00:59:04,660 All right. So let's move on to the next item on the agenda, which is also photo enforcement program. But this is a financial updates. And I will invite our finance director Kang to provide the staff report. Good evening. 149 00:59:04,660 --> 01:01:11,520 Good evening, Mayor and Council. For the record, my name is Eric Kang and I'm your finance director. Tonight, I'm providing a financial update on the city's photo enforcement program and focused primarily on the results from fiscal year 25 to 26. We've talked previously about some of the financial challenges with this program particularly declining revenues over the past several years. However, in fiscal year 26, we have seen some fairly significant changes to that trend. So tonight, I want to walk you through what's changed and what the current financial picture looks like and what it means going forward. If you can go to the next slide, please. So I'll kind of just start at a high level. So for fiscal year 26, the program has essentially reached break even on an annual operating basis. So for fiscal year 26, we've collected approximately $1.6 million in revenue against $1.59 million in direct expenditures, which has resulted in a modest surplus of about $11,000. This is, however, a significant improvement from the prior year prior year. Um, however, one thing to distinguish with the surplus is that we still carry a, um, a negative accumulated fund balance of 715,000. Um and that's just through the past several years of accumulate, accumulated, um, deficits. Uh, the timeline at the bottom of the slides does help explain what happened during the year. Um, so a new photo vendor vendor, um, began operations in August 2025. And we began seeing the financial ramp up in September. Um, and by January, the program has moved into a consistently positive monthly position. So from January through June alone, the program generated approximately $376,000 more revenue than direct expenditures. Uh, so while the first year, while the full year results only show a modest surplus, the second half of the fiscal year does look considerably stronger than the first. Uh, so next slide please. 150 01:01:11,520 --> 01:02:19,310 So this slide here puts the improvement to some perspective. So in fiscal year 2025, the program had an annual operating deficit of about 492,000 in fiscal year 26. That became a $11,000 surplus. So year over year, we improved the operating results by were improved by approximately $503,000 in. The primary driver was revenue. Revenue increased by approximately 49%, while direct expenditures increased only by about 2%. And that distinction is important because we've made some intentional cost intentional efforts for cost containment over the past several years while we saw revenue declining. However, the program has financially improved primarily from the revenue side of the equation. Um, and again, I would characterize fiscal year 26 as essentially breakeven, um, the $11,000 surplus on a $1.6 million program is not particularly significant, but compared to the nearly half million dollar deficit from before, it represents substantial improvement. Uh, fiscal. Next slide please. 151 01:02:19,310 --> 01:03:52,880 So I think this chart right here is probably the most useful slide to understand what occurred during the year. So on the left hand chart which is the line line graph, you can see that the revenue and direct expenditures by month. And then as you can see, it's kind of hard to tell from the slide. But the green that starts at the bottom, that's the revenue. And the other black, solid black is the expenditure side. Um, so you can kind of see in August when we had a transition of a new vendor, we began seeing revenues ramp up beginning right around September. Um, and so that's consistently increased, um, throughout the year. Um, however, on the right side, that chart, um, is the net monthly results. So that's your revenue minus expenditures and throughout the, throughout the months. And you can see that the losses progressively narrowing throughout the first half of the year. And then from January onward, it's it's a positive trajectory. So that's encouraging because it tells us that the surplus for the year doesn't fully describe what the current trajectory is. Um, the program for the last half of the year is considerably better than the, than the first half of the year. Um, however, at the same time, I would caution again, caution against extrapolating six months of performance data, um, to extrapolate, um, the future of the program. And we'll continue to monitor whether or not this run rate is sustainable. Uh, next slide please. 152 01:03:52,880 --> 01:04:40,010 So this slide provides some additional context around what makes up the $1.6 million on each side of the ledger. So on the revenue side, about half of the revenues come from photo speed. Um, and then about 42% comes from photo red light. And then the remaining 9% is from bond conversion, which is primarily from light diversion. Um. on the expenditure side, the largest direct cost um is police at approximately 840, 14,000 or 51%. And then the municipal court is about 710,000 or 45%. And then the remaining other is relatively small, um other costs. And so from the prior year, expenditures did increase by 28%, but that constitutes roughly about a 2% increase. 153 01:04:40,010 --> 01:04:45,730 Uh, next slide please. 154 01:04:45,730 --> 01:05:47,700 So I wanted to step back and do a comparison to show council along more of a long term history of the program to kind of see what it looked like over from the start of the program to where it is today. So you can see that in the fiscal year 21 to 22, the program peaked at about $1.87 million in revenue. And then the revenue continued to decline quite substantially over the next several years. Um, where it reached its lowest point, um in fiscal year 25, about 1.07 million, uh, before rebounding back up to 1.6 in fiscal year 26. Uh, the other thing I would draw your attention to is the expenditure line. And so while costs, um, did ramp up because it took some time to ramp up the program and get it started and staffed up, um, it has flattened out and you can kind of see there's a little bit of a dip because we, we did implement some cost containment strategies. Um, while revenues were down during that time period. 155 01:05:47,700 --> 01:05:53,380 Uh, next slide please. 156 01:05:53,380 --> 01:06:58,590 Uh, so this slide shows the consequences of that history more directly. Uh, this is a chart that shows the, the net, um, operating results. So again, your revenue minus expenditures, um, and what the deficit or the surplus was for any given year. Um, so you can see there are a few years of positive results predominantly in fiscal year 21 through 23. However, over the course of the ramp up time in fiscal year 19 and 20, and then of course, in fiscal year 24 and 25, much of those gains were were wiped out during those years. And with fiscal year 26, we've stabilized or at least appears to be that, um, operations from a financial standpoint has stabilized. However, we do still have that accumulated $750,000 accumulated deficit. Um, the positive thing is that we don't, we're not anticipating that that is going to grow, um, substantially in the near future. 157 01:06:58,590 --> 01:07:04,990 Um, next slide please. 158 01:07:04,990 --> 01:08:26,420 Uh, so in closing, um, I'll leave council with a few primary key takeaways. So operating performance has improved substantially in fiscal year 26. The annual results improved by approximately 500 503,000 from the prior year, which has been primarily driven by stronger revenues. Second, the program's current operating run rate is positive. We did see approximately a $376,000 surplus in the latter in the current calendar year from January through June, and we do expect this trend to continue. And then lastly, we do still have a large deficit. Accumulated deficit. Um, we ended fiscal year 26 with an accumulated deficit of about 715,000. Um, one thing to note about the deficit. Um, so we do track the accumulated deficit from a tracking standpoint. Um, just to see the performance of the program from the start, since we have the data from the start of the program until now, there's nothing binding us to actually repay back the deficit. It is a general fund operating program. So should council choose? I mean, we don't we don't have to refer back to the the deficit for this program just to keep that in mind. Um. 159 01:08:26,420 --> 01:08:53,860 So staff will continue to monitor the program closely, particularly revenue performance under the new vendor and whether the positive monthly results that we saw during the second half of fiscal year 26 will continue into fiscal year 27. Uh, at this point, we we suspect that it will, um, but again, as you can see from the data, there's been a lot of variability over the past several years, and it hasn't been very certain, certain. 160 01:08:53,860 --> 01:09:27,750 Our goal at this point, first and foremost, is to see that we, uh, we see positive outcomes from a public safety standpoint, such as reducing dangerous crashes. Um, and then our secondary goal is to make sure that the program remains financially sustainable long term. We are seeing potential for long term sustainability with the possibility of a surplus. But again, at this point, as we have seen with the data, um, we have not had enough years of definitive data. And so we do remain cautious in terms of planning for the future. And with that I'm happy to answer any questions. 161 01:09:27,750 --> 01:09:37,910 Thank you. Finance director King for your presentation. Any council president. Wolff. Oh, councilor. No. Councilor. Go ahead. 162 01:09:37,910 --> 01:09:57,470 Oh, thank you, mayor, and thank you, Finance Director King for the presentation. Very interesting stuff. So I just want to make sure I'm understanding because I've been asked questions about what we can use the photo red light revenues for. So this is a general fund operating program. So there wouldn't be any legal constraints on how that money could, in theory be budgeted. 163 01:09:57,470 --> 01:09:59,110 Is that accurate? S19: 164 01:09:59,110 --> 01:10:28,560 I guess my question you know, I understand this is a very volatile volatile revenue stream, as the charts have shown. Um, obviously there's no point in really having a discussion of where that revenue can go if we're still running, you know, over $700,000 deficit for the program, sort of on a running basis. Um, once that's paid off at some point in the future, in theory, is that the point when we would want to start having a discussion about what that revenue could be used for. 165 01:10:28,560 --> 01:11:06,170 So the reason why I made the comment about the accumulated deficit is because there's, there's, there's no obligation to repay the, the deficit. Um, if the council wants to disregard because there's no legal restriction around it, it is, is purely for internal tracking purposes. Um, because, you know, just like, like if we had a capital projects, it would be, it would have been considered capital contribution, um, for like a, like a capital infrastructure for this, for this program specifically, there was a lot of upfront capital that's being captured in the, the accumulated deficit. 166 01:11:06,170 --> 01:11:07,290 Wolf. 167 01:11:07,290 --> 01:12:18,990 Thank you, mayor. Thank you. Mayor. Eric, let me separate my words, and I appreciate it's almost as if you read my mind about cautioning, um, the last six month performance, because of course, in my head, I'm like, well, hey, we'll hit 750,000. We're going to wipe the deficit out at the end of this year and we'll be good to go. Um, so in a perfect world, that happens. But what I appreciate all the slides, but what kept kind of going through my mind is that kind of forecasted scenario. And if I remember correctly, part of our challenges over the last couple of years was the performance of the cameras themselves operationally. So have we been able to, um, kind of protect ourselves maybe from incurring high operational costs where our revenue pretty much, you know, becomes almost non-existent because the cameras aren't performing. I'm just kind of curious, what are the risks? What are we looking at moving forward if revenue kind of stays where it is? What in the expenditures are we concerned about that we, you know, don't anticipate? I hope that makes sense. 168 01:12:18,990 --> 01:13:52,200 Yeah. And I'll do my best to try to answer your question. Um, so, so I mentioned during my presentation that there are some cost containment strategies that we implemented during the time. A significant portion of the operating cost for this program is fixed. And so like our, our cost to the vendor, that's a fixed amount. We have a contract with them. That's not we can't modify that. Uh, the things that we can modify really come down to things like personnel. We've, we've had to hold onto some vacancies when we had some turnover and wait to fill certain positions. Um, because we, we saw that there were less work and less citation coming through. So there's some minor things like that that we that as far as levers that we can pull. But other than that, most of the actual programmatic costs are fairly fixed. Um, and just to kind of maybe, uh, highlight some of the other risks that we have seen in the past. So, um, I know in past years, one of the cameras was taken out by a, I believe it was a drunk driver. Um, and it was down for several months. Um, that was completely outside of the city's control. Um, there was no way to, uh, really do anything about the situation other than try to encourage our vendor to quickly repair and replace the camera while at the same time, workload does not stop for the city because the citations from the month, you know, take several months for citations to flow through. Um, and so we still have to have staff to process those citations. 169 01:13:52,200 --> 01:13:53,960 Thank you. 170 01:13:53,960 --> 01:13:55,760 Councilor Shaw. 171 01:13:55,760 --> 01:14:42,610 Thank you, mayor, and I appreciate Council President Wolf's question. I had something similar along the lines. Given that and this program had started in 2018, 2019, I mean, if it also doesn't make sense for this council to reaffirm the purpose of this program, because for me, it would be the goal is safety. Um, in this case, it would be to reduce the deficit. But third would be in my mind to break even and that there isn't an intention to increase nor, um, have this as a revenue source. But that's a discussion we have not had as a policy amongst the council. So um mayor just looked to you. That certainly could be done at a later date or if folks are willing to this evening, but I know that hasn't necessarily been on the agenda item, but just want to raise that. Thank you. 172 01:14:42,610 --> 01:14:47,210 Thank you. 173 01:14:47,210 --> 01:15:48,140 I think the I think the previous presentation sort of hinted that we always want safety to be a priority. But I understand all this, you know. All this discussion about, um, deficit and make up deficit could definitely we might have lost track of main goals. I appreciate your, um, bringing that up. So yeah, but definitely happy to bring that up in a future agenda item. So thank you. Um, any other questions or comments? All right. Thank you for your presentation. And I guess you will stay on for the next one. So all right, so let's move on to the next item on the agenda, which is, uh, public hearing on proposed fee resolution on credit card fees. And I will open the public hearing. Um, anyone may testify by phone, video or in person on this item. And if you want to do so, please call in now by calling (503) 966-4101. 174 01:15:48,140 --> 01:15:58,790 And I will invite our finance director King, to provide the staff report. 175 01:15:58,790 --> 01:16:05,910 All right. I will wait until the slide is up. 176 01:16:05,910 --> 01:16:25,710 All right. Thank you. All right. Good evening again, mayor and Council. Uh, again, for the record, my name is Eric King and I'm your finance director. Um, and I'm here tonight to follow up on a topic that I first introduced during the adoption of the fiscal year 27 fees and charges schedule on June 9th. Uh, we can move to the next slide, please. 177 01:16:25,710 --> 01:17:12,360 So tonight's discussion is really about one policy question. And that is who should pay the costs associated with credit card transactions. Uh the city can continue to absorb these costs, pass or pass them directly to customers who choose to pay by card or take a hybrid approach that covers some of these costs while maintaining a no fee payment option. So today, in many cases, the city absorbs merchant processing fees as an operating expense, and it shows up in our annual budget. And that means that these costs are ultimately supported by the broader customer or ratepayer base. The alternative is to recover these costs from the customer who chooses a payment method that generates the processing fee. So that's the policy decision I'm asking council to consider tonight. Next slide please. 178 01:17:12,360 --> 01:19:21,390 One of the reasons why I'm bringing this forward is because our current approach is not particularly consistent. And so in our adopted fees and charges schedule, it includes a credit card fee of 3% with a $1.1 $0.95 minimum and a $1.95 e-check fee. However, in the utility billing division, we currently do not charge customers differently based on their payment methods. These processing costs are absorbed fully by the utility system. Municipal court is another example. In-person credit card payments do not incur an additional fee while online payments through site pay do include a vendor processing fee as depending on which city services a customer is paying for and sometimes even which channel they use. They may receive different treatment for their credit card payment. So part of this discussion is therefore creating a and establishing a more clear and more consistent policy framework. Next slide please. So we basically we see three alternatives. Option one is really maintaining the current status quo. This would mean the city would continue to absorb the credit card processing costs for utility billing. It is the simplest customer experience that are paying by card. However, of course, the card costs are spread across all customers. Option B is to fully pass through the costs. This would mean customers using any sort of electronic payments, such as credit cards or echecks, would pay any sort of associated processing costs. And then the only payment, um free payment method would be cash and check. Um, last option C is a hybrid approach. And under this we would pass through credit card processing fees but maintain e-checks as a no fee alternative along with cash and check. Um staff is recommending option C because it provides a meaningful cost recovery while still preserving a convenient electronic payment method that is much cheaper for the city to absorb than credit card fees. 179 01:19:21,390 --> 01:19:24,710 Next slide please. 180 01:19:24,710 --> 01:21:55,340 So this slide summarizes the trade offs for the three options that I, that I'm presenting um, before council. Uh, so if we absorb all the fees, that creates the highest cost to the city, but the customer is paying for the card, they would not see any sort of fee. And that's, that's the way they operate today. If we pass through all merchant fees, we would maximize cost recovery, but customers would have fewer no fee, um, electronic payment options, which is, which is actually not what we would want to see. We would prefer to see more electronic payment methods from our customers. And then lastly the hybrid approach. It sits somewhere between the two. It does not eliminate all the merchant fee expenses for the city. But we would continue absorbing the fee, which again is a lower cost payment method for the city. Um, but then significantly reduces the city's exposure to the higher costs of credit cards while still maintaining preserving some customer choice. There is also an equity component to consider under an absorbed model. Customers who do not use credit cards still participate in funding these costs because under a and under a pass through model, the customers choosing the higher cost payment method bears that cost. That balance is one of the primary reasons why staff recommends the hybrid approach. Uh, next slide please. So I want to spend a little bit more time on this slide because it's, uh, it kind of goes into more of the detail and how, um, what, what the breakdown and cost would be for the city. So on our, under our current pricing model, we have what's called a interchange plus structure. And so the city pays the actual underlying card card costs, which is called the interchange fees. So those are the fees that visa Mastercard discover all charge the city based on um, swiping their card plus a 75 cent transaction fee for Tyler, which is our merchant vendor. Um, so for illustrative purposes, if we had about $1.5 million in annual card volume over the year and about $10,000, 10,000 transactions, assuming a 2% blended rate, uh, the city would pay about $37,500, which equates to about 2.5% under a payer paid service model. So if if all the fees are passed on to the customer using the same volume assumptions, um, the customer would pay about 2.95% or about $44,250. 181 01:21:55,340 --> 01:22:50,440 So while the pass through method is not necessarily the lowest, lowest cost from a transaction standpoint, um, the total fees are about, uh, you would see a small increase in the cost. Um, however, from a policy standpoint, the biggest difference is who, who pays the costs. Um, so as I mentioned earlier, under the current model, um, the, ultimately the broader tax ratepayer base bears the expense and under the, the payer pay service fee model, the customer choosing the card bears the expense and the city receives the full amount. And then one last thing to just anecdotally, you know, this is a just illustrative, um, the actual interchange fee can be between one and a half to 2.5%. So it could be more or less. So it's not exact in terms of what the difference is. Next slide please. 182 01:22:50,440 --> 01:23:42,810 So if we're looking at an actual utility bill. So to provide a more tangible example. Um so assuming that your average utility bill is about $163.81 a month, um, if a customer chooses to pay by card under the proposed service fee model of 2.95%, that would be about $4.83. And a customer, they could avoid that fee entirely by paying with an echeck cash check, money order, or or bill pay. On the other side, if the city continues to absorb the same card payment, um, using the same 2%, um, interchange fee plus 75 cent transaction, that comes out to about $4.03 of how much the city pays for every utility bill per month. Um, so for that one payment, the difference really is about who, who bears the cost of that. That $4 a month. 183 01:23:42,810 --> 01:23:47,690 Next slide please. 184 01:23:47,690 --> 01:24:32,930 And I know I keep going back to the repair equity. And so this really gets to one of the more important policy considerations. And so when the city absorbs a credit card fee as a utility operating expense, as I mentioned before, that becomes part of the cost base supported by the broader ratepayer population. So customers paying by the ACH or any of the lower cost payment methods are helping support pay the cost of those who are choosing to pay by credit cards. Passing through the card fees reduces that cross-subsidization. It does not say that customers cannot use credit cards. They still can. It simply aligns more with the incremental cost of that payment choice with the customer that's making that choice. 185 01:24:32,930 --> 01:24:36,770 Next slide please. 186 01:24:36,770 --> 01:25:24,300 Now we recognize that any change in payment practice needs to be implemented carefully. So it just does a just an example of from a customer communication standpoint, what we would focus on for any sort of change that would happen. First, transparency. We would make sure that any customers would see any sort of fees before a payment is made before completing that transaction. Second, we would encourage customers who do not want to pay a fee would choose a a one of the free payment methods, which is the ACH echeck cash or bank bill pay. Um, and lastly, anyone that's currently enrolled in autopay, we would provide them with any sort of notification encouraging them to switch and that there's a fee coming if they choose to stay with the credit card. 187 01:25:24,300 --> 01:25:28,340 Uh, next slide please. 188 01:25:28,340 --> 01:26:50,400 So the financial impact is significant enough that we believe this warrants some counts warrants council consideration. So the city currently spends about $600,000 annually on merchant fees and has almost all utility merchant fees under the hybrid approach. We estimate that the city pay merchant fees would decline by about $300,000 per year. We would still incur some costs, particularly for the E-check, because while that is a lower payment method, there's still a cost associated with that. But that would still be the recommendation for customers who want to use electronic payment method. Um, and then I also wanted to provide just for illustrative purposes, these are not commitments or recommendations, but these are examples of, um, what we, what we may propose, um, with the, with the potential savings. Um, so from a operating standpoint, reducing the merchant fees could help mitigate the inflationary pressures and reduce future utility rate pressures. Council could also consider, um, using some of that savings for increasing the financial capacity to support customer programs such as the lead credit flexible program, as well as emergency utility assistance. Um. 189 01:26:50,400 --> 01:27:09,000 And then, um, and then the last I just point out is that the primary point of reducing these costs is to, um, provides some level of cost savings for, for the utility system as a whole and create some financial capacity for the utility system. 190 01:27:09,000 --> 01:27:48,050 Um, next slide please. So again, just reiterating, um, kind of where we started with this presentation. Uh, so alternative a, um, that's again, to continue the status quo and continue absorbing the fees. Uh, alternative B that's the full pass through, which would net the city about $600,000 in savings. But again, that would mean, um, Electronic payment methods would no longer be free for um of any channel. And then alternative C, which is the staff recommendation. This is the hybrid approach that still provides a no cost alternative electronic payment method. 191 01:27:48,050 --> 01:27:51,050 Um. 192 01:27:51,050 --> 01:28:13,250 Uh, let's see here. Um, and with that, um, that concludes my presentation. I'm happy to answer any questions. Uh, we are looking to council's directions on which alternative you would like staff to implement. And if council is ready to make a decision tonight, uh, staff has prepared the resolution with the fee schedule that reflects staff recommendations. 193 01:28:13,250 --> 01:28:20,930 Thanks, finance director. Okay, uh, Council, good to see you haven't spoken much today, so I'll give you the first chance. 194 01:28:20,930 --> 01:28:39,350 Um, thank you very much for the presentation. One of the biggest things that I noticed with this that I like is we're trying to change overall behavior. And by sort of leaning people towards things like the checks, those that end up being lower fees. I think that's the way I really like the hybrid approach overall. Thank you. 195 01:28:39,350 --> 01:28:50,230 Were you also seeking direction on us about how we could use the the saving utilized, or is that for another conversation? 196 01:28:50,230 --> 01:28:56,830 Uh, we can certainly open it up for conversation, but I'm not sure that the, the scheduled time allotment is enough for that conversation. 197 01:28:56,830 --> 01:28:58,550 Okay. All right. So let's settle the. 198 01:28:58,550 --> 01:29:02,670 First question first. Uh, go ahead, councilor Slack. Question. 199 01:29:02,670 --> 01:29:15,790 Thank you. Mayor. What would the, uh, communication program look like to notify ratepayers of this, um, rate increase and how they can avoid these increased fees under the hybrid approach? 200 01:29:15,790 --> 01:30:17,080 Well, I would be very careful to characterize it as a rate increase, because this is really about changing the behavior of customers to choose a lower payment method option. Um, I believe the resolution has stated that it would be implemented as administrative, as administratively feasible, and so we would want to start with a information campaign to let customers know, with ample lead time, to let them give them time to switch with. That includes like a flier and an insert in their in their bill, as well as any sort of email blasts that we can do. Um, granted. Um, I will admit, I, we do get feedback that people don't open their utility bill. Um, so they might not see an insert. It might result in some, sometimes we will have customer complaints and we'll address the situation when it arises. Um, but we, we would have a targeted approach to let customers know that this is coming before we implement anything. 201 01:30:17,080 --> 01:30:38,850 What I would hope you would consider something like, you know, give at least for the first couple of months, people who, who ask questions, you will refund the fee, no question asked. Right. So, you know, so that will just ease the transition pain. So yes. 202 01:30:38,850 --> 01:30:44,210 Um, any other question? S8: 203 01:30:44,210 --> 01:30:51,810 So, uh, which approach ABC would you, would you go for? 204 01:30:51,810 --> 01:30:55,850 Um, I mean, I'm fine with the hybrid approach, but. 205 01:30:55,850 --> 01:30:56,850 All right. 206 01:30:56,850 --> 01:31:00,930 Councilor Anderson, any question? Comments? 207 01:31:00,930 --> 01:31:10,330 No. I like the hybrid approach. I think people are used to the the a c h is more of a free type of thing, at least at this time. 208 01:31:10,330 --> 01:31:11,890 So yeah. 209 01:31:11,890 --> 01:31:14,810 Councilor Shaw. 210 01:31:14,810 --> 01:31:34,700 Thank you, mayor. And following with Councilor Guduchi. I do appreciate Councilor Slack, the communication to help change, uh, individuals behavior of how they pay in order to save that credit card fee. So I too would go with staff's recommendation. Alternative C with the hybrid approach. 211 01:31:34,700 --> 01:31:36,500 Council president Wolf. 212 01:31:36,500 --> 01:31:54,100 Thank you mayor. Um, Eric. So I support the hybrid. And my only question is I'm assuming the 300,000 is an assumption that a bunch of the credit card users will convert to ACH, so that bucket of people will dramatically increase. 213 01:31:54,100 --> 01:32:14,460 Yes. The assumption is, I mean, this is an estimate, as I will I'll um, caveat with that. First, it's an assumption that all of our customers that use credit cards would transition to another electronic payment method. And it's more likely that someone who's on credit card today would choose some sort of electronic payment method. Okay. 214 01:32:14,460 --> 01:32:24,140 Perfect. And that's what I just wanted to confirm the 300 factor that in which makes total sense. And I support hybrid because I agree, I think people would be frustrated if they had to pay for an ACH. 215 01:32:24,140 --> 01:32:26,150 So yeah. 216 01:32:26,150 --> 01:32:56,070 Yeah. I also support the hybrid approach, but I have a question about, you know, in your staff report. And slide number seven, you said under this approach the car user will have to pay $4.83. But if we kept the status quo, the city will only have to pay $4.03. So it seems like. So where would that $0.80? It seems like the city is getting extra $0.80 under the hybrid approach. 217 01:32:56,070 --> 01:33:01,910 AM I reading that wrong? S19: 218 01:33:01,910 --> 01:33:49,730 If the customer chooses to pay. So if council were to choose the current status quo, um, the city would pay the $4.03. Yeah. Um, and if we're to, if we're to pass through the cost to the customer, the customer pays $4.83. And that's because the merchant, um, provides a different fee if it's the city absorbing the costs or if they're passing through the cost. Um, and so the cost from our, our merchant vendor, if we absorb the costs is interchange plus $0.75. Okay. Um, and then if it's passed through directly to the customer, um, it's in that earlier slide, it's like two, 2.95%, which is just a flat percentage. 219 01:33:49,730 --> 01:33:51,170 Okay. 220 01:33:51,170 --> 01:34:06,250 All right. So thank you for answering that question for clarifying it. So yeah, so I have no further questions. So it's unanimous. We will we prefer alternative C hybrid approach. So. 221 01:34:06,250 --> 01:34:09,130 And then and then testimony. 222 01:34:09,130 --> 01:34:14,010 Oh okay. Yeah. Thank you. 223 01:34:14,010 --> 01:34:22,380 No written comment received for this item by noon Monday. Mister water. 224 01:34:22,380 --> 01:34:23,860 Are there any callers in the queue to testify on this item? S5: 225 01:34:23,860 --> 01:34:26,620 Okay. 226 01:34:26,620 --> 01:34:33,580 Okay. 227 01:34:33,580 --> 01:34:48,340 Uh, we have Dennis Wosniak. Dennis. Hi. Good evening. Uh, so when the. Just make sure the microphone is turned green. Yeah. Push the button. 228 01:34:48,340 --> 01:34:49,020 Yes. 229 01:34:49,020 --> 01:34:49,900 Yeah. There we go. 230 01:34:49,900 --> 01:34:50,580 So, Dennis. 231 01:34:50,580 --> 01:34:51,980 Wosniak, I live at one three. 232 01:34:51,980 --> 01:37:10,880 Four, nine three southwest, 75th place, Tigard. Uh, good evening, Mr. Mayor. Council staff. I'm here against the proposed, uh, charges. Or take make the ratepayer pay for the charges. First of all, I'm talking strictly about utility bills, not anything else. Uh, I'm probably neutral on that or almost positive for charges on those. But for utility bills, this would be an immediate rate hike of close to 3% for taxpayers or for ratepayers. And again, in today's times, everybody does not want to see rate increase. And since the, um over the years, I believe we're really not taking anything away from the budget because this $600,000 was already coming out for a number of years. So it's not like saying we have to delete something in order to keep this going. The program can just continue as far as that goes. Also, the $600,000 that's going to be supposedly, um, save ratepayers money. It really doesn't because what happens, I'm going to have to pay at least the people that are using credit cards are going to have to pay that fee. So you're not really saving the individual ratepayers any money. They're going to still have to pay that 4% or 3%, whatever it is. As far as that goes. But even more importantly, it's almost like a PR issue also, because every time you get a bill and you see at the end, you buy something Amazon, whatever you see, okay, now it's 3% service charge. You go, God. And when these ratepayers get their bills every month, they're going to get this. And at the very end, they're going to see that 3% for the service fee. And again, it's just not going to leave a good taste in mouth. The city wants more money. More money. A lot of times, usually my wife pays all the bills and it's by check. So this really doesn't affect us. But she'll say something like, boy, the rates went up a little bit higher. And again, if we happen to have an election coming up in a particular time of the year, people get the rate bills. You want people not to be happy about what they're paying, but eliminate all those negative feelings again, when they get that rate charge, you're thinking, because it's a great place to live in. We all know that. But you want to keep all those negative things away out of their mind. Um, again, if you want to charge other people for anything besides, um, the utility bills, that'd be fine. But every citizen or every household in Tigard gets a bill that's probably the most direct contact. The person has a citizen voting citizen has with the city. 233 01:37:10,880 --> 01:37:13,160 Tigard two minutes up. 234 01:37:13,160 --> 01:37:15,360 Can you wrap it up, please? S21: 235 01:37:15,360 --> 01:37:30,850 Thank you so much for your comment. Uh. You're welcome. 236 01:37:30,850 --> 01:38:54,580 Eric, do you want to provide response? S19: 237 01:38:54,580 --> 01:38:55,620 All right. 238 01:38:55,620 --> 01:38:57,060 Any further questions? 239 01:38:57,060 --> 01:39:33,120 Council may not question that comment. So it's not a rate increase. And if an individual pays their bill with a credit card currently they don't pay that fee. With this change they would pay a fee. But the goal is not to to get the revenue. The goal is really to reduce the fee the city pays and the individual would pay. And so to thank you so much to you for your public testimony. So at the end, we don't want anybody to have to pay a fee. Hence why we have this now and alternative fee approach, which is the E-check. Is that correct? Director. Finance director King. 240 01:39:33,120 --> 01:40:04,200 That is correct. Really, the the only person that is benefiting from the credit card fees or the credit card companies. Um, so the city does not retain these fees, um in either um payment option. Um, so ideally no one pays the fee and everyone just pays with an e check or cash, cash or check or bill pay some sort of payment free payment method. And then there's no fee incurred by anyone. That would be an ideal scenario. 241 01:40:04,200 --> 01:40:40,850 Any other questions? All right. Seeing none, I will close the public hearing. Um, yeah. Thank you, Councilor Shah, for asking that question. That's the the reason I asked why, you know, car user will pay for 83, but the city only pay for three. It's not because the city is pocketing the extra $0.80. It's we're just paying the fee that we are required to charge. Right. So, um, any comments or motion? It's time for council deliberation. 242 01:40:40,850 --> 01:40:43,490 Um, go for it. 243 01:40:43,490 --> 01:41:01,610 Mayor. I would like to, uh, move. I'd like to move to approve resolution number 2630. A resolution amending the City-Wide Fees and charges schedule to amend convenience fees, which would be adopted under resolution number 2619. 244 01:41:01,610 --> 01:41:03,250 Second, the motion. 245 01:41:03,250 --> 01:41:19,900 It's been moved by Councilor Shah and second by Council President Wolf. 246 01:41:19,900 --> 01:41:22,860 Any other any further discussion? S1: 247 01:41:22,860 --> 01:41:23,740 Aye. 248 01:41:23,740 --> 01:41:50,220 Those opposed, say nay. Resolution number 26-30 is adopted by a unanimous vote of the Council member present. All right. Thank you. All right. So let's move on to the next item on our agenda, which is discussion on public works, service level, work level of service and acting public Works director. Uh. 249 01:41:50,220 --> 01:42:49,670 Wisniewski and asset manager Rico will provide the staff report. And I just want to quickly say that Counselor Schlag and I requested discussion along with briefing on service level across many of our departments, because these standards drive both the services residents receive and costs included in our budget. As we prepare for the next budget, I want Council to understand which services are essential or legally required, what results residents are receiving and what it costs to maintain those results. We also need to understand the consequences of reducing a service level, including whether saving money today will create greater costs or risk later. My goal is to protect reliable core services while making sure every public dollar is being used carefully and effectively, saying that. Having said that, as the manager. Reiko, welcome. 250 01:42:49,670 --> 01:43:48,880 Thank you very much, Mayor and Council. I appreciate the introduction. Much better than I could have done. And I'm really pleased to be here tonight to talk to you about public works and our programs and services assessment. If you can go to the next slide, please. So I'd like to start with an overview of who we are in public works as a whole, and then talk about sort of what guides us as a department and what guided this assessment before we move into the programs and services of each individual division. Um, so we are under public works. We have a variety of services, um, that, uh, well, they're not just services, but also programs and infrastructure systems. And they're all crucial for providing core services that make us a community that people want to live and work in and play in. Uh, so then if you go to the next slide. 251 01:43:48,880 --> 01:51:18,060 While we are the day to day operations of each of these divisions might look different, we're sort of all guided by the same commitment to serve this community in a way, in a responsive, reliable and professional manner. Um, so how does, how does the work get done in that way? And it really has to do with how we align with industry standards and best practices. There are lots of different industry standards for each of our infrastructure systems, but we wanted to highlight two in particular that sort of cover each of the the different parts of public works. And so the American Public Works Association and their accreditation process is one and then IIMM, which is essentially the international standard for asset management. And so these two organizations provide a framework for how to deliver these services in a way that we have high performing assets. We're more strategic, which makes us more sustainable and ultimately fiscally responsible in delivering these services, services that our community relies on. Uh, and I'll talk a little bit about asset management in particular. So we started this journey back in 2020 and we formalized the Formalize the program in 2023, and our program is very much we pride ourselves in being like a bottom up approach in the sense that we want to support the services that Public Works provides every day. Learn from the folks that actually do the work and utilize the data that they produce to make proactive, data driven decisions and also implement more strategic processes for that work. Um, and the reality is that we have been doing asset management for a really long time, but the leadership in public works, uh, this managers group has been committed to making this a part of our culture. And, uh, that's, I don't want to miss this opportunity to acknowledge that there are a lot of public works managers in this room, and it's because we are all very aligned. Uh, this is a group project and I just get to be the, the spokesperson tonight. But that we, we know who we are, we know how we operate. And this is just an opportunity for us to tell you more about that. Um, next slide please. Uh, so this should look familiar to you. We came to the budget committee and shared a little bit about asset management. I won't go into details about the different sort of elements, but the one in particular is levels of service. Uh, this is a key component of asset management. And I'll talk more about the criteria that makes up an asset management level of service, but it's, it's right sizing what we do and at what level and why. Like what drives those decisions. Uh, and so you want to pair that with the cost of delivering those services, as the mayor mentioned before, and then you layer in the risk factors. Uh, and so those things need to align and balance. And if they don't, ultimately you need to make trade off decisions. And, uh, we think that having this information gives you transparency in making those decisions that if you were to adjust the level of service or you were to add additional resources, what that what that might look like. So if you move to the next slide, we'll talk about levels of service. So the sort of broad umbrella that they should all fall underneath is council goals and the strategic plan. They should always align with those things. But then in in asset management really levels of service is guided by three things. It's your legal requirements. What are we mandated to do? The community values. So what does the community expect from us? What level of service would meet their expectations for a place that they want to live and work in, and then the technical requirements? So that's oftentimes those best practices of the how that you need to perform that work. And so those three things are what really guides us in setting what we're doing. Um, next slide please. The last thing I want to talk about briefly, I will not go into great detail about this matrix, and I certainly won't share any of the particular scores. But we recognize that this IIMM asset management framework is really designed for infrastructure. It's not necessarily a one size fits all for all city services, but priority based budgeting is. And these sort of basic program attributes are a way that you can evaluate your programs and services in a way that's kind of an apples to apples comparison with other city departments. So we used our levels of service framework and then these basic program attributes. When we looked at the services in all of our different public works divisions. And so you'll see we obviously don't have time to go into all of the, the different attributes or the, uh, the math behind how we arrived at some of the scores. But you'll see some of these concepts in each of the slides. And so that's why we sort of wanted to set the stage. When we talk about our levels of service, what all went into determining them. So with that I have to go to the next slide. Uh, we'll start with streets. Uh, and for the next 11 slides, I get to go through a whole bunch of divisions. And, uh, forgive me, I think I could spend 30 minutes talking about any one division and all of the amazing work that they do. Uh, so I'll try to be brief, and I won't read the slides word for word. Good thing that you have them. Uh, but they all will look and feel the same, right? So we talk about our core services, and this is truly just the services and programs that each division has. Uh, and then how we determine our levels of service. That's some of those criteria. Uh, and then the last question that you brought up is how do we adjust those levels of service? What does that look like to, uh, maybe add something or reduce services. Um, so with streets, uh, they are predominantly they're governed by mutcd. So those are Department of Transportation standards in terms of traffic devices, but they also are largely driven by community expectations in terms of traffic and pedestrian safety. And that contributes to not only do we measure it in terms of pavement condition, but also in our service request response time. So that's something that our our streets team prides themselves in, as they often get to, uh, something before a service request even arrives and they've already resolved the problem. Uh, and how would they adjust their level of service? So this is something that will be a pretty consistent theme is that, uh, knowing the criteria of how we determine those levels of service, we basically operate at a minimum service delivery. It's what are we legally required to do? What does the community expect us to do and how do you have to do it? And so really for us, adjusting the level of service is probably increasing service by to align with added regulatory requirements or increased, um, or like additional expectations of the public. Next slide please. 252 01:51:18,060 --> 01:55:12,790 So moving on to, we'll go through all of our utilities back to back here. And they are largely regulated. The mandated by OHA, EPA, our intergovernmental agreement with Lake Oswego, uh, they're entirely state funded, which means that they have 100% cost recovery. Uh, and really adjusting their level of service is to keep up with changing mandates. Uh, so for instance, in water quality, um, they'll be increased water quality sampling and testing requirements. And so then we'll add those additional sampling requirements to our lab results. And so we'll make sure that our water meets and exceeds all of the standards. And as they grow and evolve. And then something I want to talk about briefly, that this would be true of many of our systems, is that growth and maturity of the system can impact how we might adjust levels of service. And just because the system grows, doesn't mean we suddenly change the way we deliver the service. But growth, as you can see. So like a 23% growth in the total number of assets that our water system maintains in the last ten years, you might have to be more strategic. You either might need more resources to perform that same level of service with just more things, or you need to be more strategic in the way that you approach that work. And so that is often what we have done in public works is figured out ways to be more data driven, to be more strategic in our approach. And then that way, when we come to you and ask for more resources, that it's because we have done everything we can do to provide that service that the community requires of us and that the our mandates require of us. Um, well, and to complete them, next slide please. Uh, the sanitary sewer system is the same. They're sort of regulatory agency is different, but they are nearly, uh, nearly every activity that they do is mandated. And I think what tells their story the best is the little pie chart in the corner. So this is all of their work history for the last year, every activity that they performed and the cost of all that work, the resources that go into it. So 94% of the work that they tracked is mandated activities only. And so there is very little room for them to be doing anything but meeting the mandate, especially with a system that grows every single year. Uh, if you want to go to the next slide, uh, I'll talk about stormwater. Uh, they're governed by the same C.w.s. Permit or C.w.s. Agreement and the DEQ permit. Uh, but I want to talk about them together because it's a good example of that need to be more strategic and efficient in our service delivery. I don't think maybe everybody knows that the sanitary sewer system and the stormwater system are very different. They perform different functions, but the the mandates against them are similar. And so it is the same group of people, a very small team of people that does that does all of the mandated activities for both of those systems. And, uh, that's efficient because then they have the same certifications and training and are able to operate the same pieces of equipment and we use them for both the sanitary system and the stormwater system. That is a more cost efficient way than having two separate teams do the same function, or do many of the same line cleaning, TV inspections, minor construction. So that's a that's a good example of how, uh, how that work is approached. Uh, next slide please. 253 01:55:12,790 --> 01:57:40,170 So the surface water management team, we call them the swim team. They also work on the stormwater system, but work on those water quality facilities. So from the, the largest regional detention facilities to the little flow through planters as you walk down Burnham, the mandate is the same. And so they have a really amazing story that I want to highlight. Um, so they're required to maintain every single one of those facilities twice a year and inspect it once a year. That's the that is the mandate. You shall, uh, but the folks that do that work every day know that some of those facilities, if you only went twice a year, uh, it wouldn't be enough to keep up with the vegetative maintenance. And they know with maybe the amount of stormwater runoff it's treating, uh, that it would end up degrading the quality of that asset and needing to be rehabbed so they know which ones need to be maintained in excess of the mandate. And so they do that. We can quantify the cost. So the average cost of one of those maintenance uh, visits is about $100 all round. Uh, so, you know, over 30 years, call it $3,000. The cost of a major rehab on average is $40,000. It could be upwards of $100,000. And so you think about that, that major rehab and being able to proactively maintain those assets and, uh, defer the need for a major rehab push that further into the asset life cycle. You're it's it would be 14 times more expensive to rehab it instead. So by, um, that sort of like strategic asset management lens and how they perform their work, they not, it doesn't seem like in the short term you're like, oh, you only have to go twice and you go three times. It's an extra $100 per facility. But, uh, it is significant cost savings to the city. And so I think it's an amazing example of good asset management and also good stewardship of these resources. Uh, and they're up against kind of an interesting predicament because their system has grown by almost 200% in ten years. And so I think that they do that because they have no choice but to be more strategic with the resources that they have. Uh, next slide please. 254 01:57:40,170 --> 02:02:28,630 So moving out of our utilities and into our parks and natural areas. Uh, these, these services are the ones that community expectations are maybe one of the driving forces of their level of service. And so we know that the community highly values them. And where does that data come from? So the National community Survey sort of, you know, benchmarking across the whole country, uh, they are parks and natural areas scored very highly in that people value them and also are satisfied with them at the level at which we're providing the service. So that is the indicator to us, uh, of that. We've sort of right sized our, our park maintenance and how they do that and how we might adjust those level of service is the parks categories. So our parks team has done a tremendous job of sort of knowing what parks based off of their amenities and what makes up those spaces, what they require. And so being able to maintain the parks differently depending on their park categorization is a more efficient way to maintain all of that acreage to the standard at which our community is asking us. Next slide please. So our recreation team, this is another one that community expectations drives how we have, um, sort of right sized our level of service. And this is a great story too, because, uh, ten years ago, uh, I think recreation was cut. And so then we, uh, council and the community, uh, made the decision to fund recreation. And we have a very small rec team. And so to look at the amount of events and programs and camps that they have been able to implement and program and offer the community and with pretty limited resources is, is a testament to the demand, right? And so we always want to rightsize what we're providing with whether or not the community wants it, and many of the ways in which they have adjusted their levels of service over those ten years have come from the requests for increased program offerings. Um, classes that reach different age demographics or have a, a different topic. And so they have done a lot in that space. And that's how they have changed and adjusted over time. Next slide please. Okay. Uh, fleet maintenance. So we're sort of making this shift now to the part of public works that is not external facing, but I, I call them like essential service enablers. So the police, public works, building inspectors, all of those folks cannot respond in a timely manner and do their work if they don't have vehicles and equipment that are appropriate for the work and are well maintained and operable. And so our our fleet maintenance staff, not only do they um, do the preventative maintenance and the repairs, but they also manage the acquisitions and the eventual decommissioning of those assets. Um, to and so how do they determine their levels of service? They are largely tied to what the other core services need and the technical requirements of that equipment. Um, and then they adapt also with council goals. So moving towards technology changes and different, uh, like electric vehicles is a good example. And so they have adjusted their levels of service so that they know, uh, an electric vehicle has different preventative maintenance schedules than a diesel truck. And so that's one example of how they adjust their levels of service. Um, and a story that I like about fleet and how they the the level of asset management that they are doing there. It's sort of like a maturity asset management has no destination. We're sort of just always incrementally trying to do this work a little bit better. But they have such a good understanding of that cradle to grave concept of procuring the right vehicles, upfitting them, maintaining them correctly, and then planning for their eventual replacement and decommissioning to the point where our fleet technician will do extra sort of like repair and cleanup and maintenance prior to auctioning an item just so that we could maximize what we get from the auction to put forth to the next piece of equipment. And so that level of care to our fleet is is evident in the work that they do. Next slide please. 255 02:02:28,630 --> 02:03:35,290 Facilities. So property management, this is another essential service enabler, so they. Their levels of service are largely set by the requirements of our external facing services. They need to be able to have facilities to work out of. And the other key factor for them is the the technical requirements of those facilities. So you think about the Hvac maintenance and their assets are vertical. So the systems, the component parts of these structures. And so making sure that they are in good condition and that they're resilient and that there's adequate space now and into the future. And so this is one where they're it's certainly a hot topic for how they would adjust their levels of service and manage, um, the, the repairs and the maintenance of our existing facilities while also planning for future space considerations. Uh, so they very much adapt with the growth and maturity of our, our city services. Next slide please. 256 02:03:35,290 --> 02:05:10,380 So our engineering division, they could easily be embedded into all of the infrastructure systems in many, most often in an asset management, you actually do that. You just embed it and talk about capital improvement projects as a part of the water system and the sanitary sewer system. But in terms of the way that we're structured as an organization, having them in their own division is a sort of a efficient service delivery so that those project engineers and the inspectors can work on projects across our infrastructure systems and coordinate together. And so that ultimately leads to better project delivery. And so but they support and perform work in each of the other divisions that you saw on these previous slides. And the adjustment to levels of service for engineering. There's sort of two pieces depending on the program that you're looking at. So system plans, that's that long range infrastructure planning that really guides what do the what do the infrastructure systems need to be able to support this community into the foreseeable future for 20, 30, 40 years from now? And so that's what drives the projects that need to be delivered on, on the capital, the CIP side. And then development demand is sort of like what influences the private development side. So all of the inspections, the permitting and the plan review. So that is influenced and adjusts with sort of development. Next slide please. 257 02:05:10,380 --> 02:07:17,010 Lastly is our Public Works Administration. This is another one that if you you look at it through an asset management lens, it doesn't exist. It's just sort of embedded into each system with maybe the exception of emergency management and safety coordination, they could easily be their own slide. But 12, 12 divisions would be a lot. Uh, but emergency management, this is not just a city wide, like as an internal city staff function, but this is a community wide program that really prepares our community, prepares staff, uh, for those bad days, as our emergency coordinator calls them. Uh, and they also provide all of the public works safety coordination. So making sure that all of our operators have their certifications, their licenses, and the trainings that they need to perform their work safely and, um, to, I don't know, go home to their families and be in compliance with all of the rules, uh, the other functions that we have. So business management, community engagement, asset management, and public works administration. So these are all the sort of enablers so that the, the folks who do the work in the field every day can focus on those things. And we can manage all of the reporting and the, um, finance side and the community engagement, and so they can truly focus on the mandated work that needs to be done. And similar to engineering and fleet and facilities, an adjustment to the levels of service here is largely in response to growth and maturity of our systems. So as they grow and change in their processes, we would need to grow and change with them, potentially. Next slide please. Okay. We made it sort of to the end. I realized, um, it's a, it's a lot across all divisions. And so we didn't have an opportunity to take maybe a deep dive into any one of them. So if you ever want to know some of the amazing work that they're doing in any one division, uh, we'd love to talk about it, but hopefully this at least gives you an understanding of who we are in public works and how we approach, uh, rightsizing, rightsizing the services that we provide. Thank you. 258 02:07:17,010 --> 02:07:29,620 Thank you, asset manager Rico. That's a very, very comprehensive view of the entire public works. So Council member. Any comments or questions? Council president. Wolf. 259 02:07:29,620 --> 02:07:32,420 I have a question. 260 02:07:32,420 --> 02:09:07,870 Okay. So comment and then I guess a request as we look to budget. So first, Samantha, I just have to say what a how much I appreciated your sense of pride as a team and the work you do and the passion that you demonstrate and it just shows and just the respect you have for your colleagues. And I just wanted to call that out and just really appreciate the work you all are doing. So thank you. Um, my, my request and what I kept thinking about as you presented is I look forward to when we go into budget season, kind of this idea of taking this process and this system and then how, how does that reflect itself in dollars? So because I, as I looked at how would we adjust a lot of that lens is the growth side. Um, and what's interesting obviously is a lot of this is not driven by general fund. It's driven by its own revenue system. But to understand often is that that balance of what is the fee adjustment look like? What is the demand look like? What has been our asset efficiency? And then what's the decisions that we have to make around appropriate rates? And I would love to kind of see that analysis as we make decisions as a council, because you've done an outstanding job of defining who we are in the systems that we use. And so to see that employed from a financial perspective would be fabulous for our budget season. So thank you, both Mayor and Councilor Shack for for bringing this forward. It was a great presentation. Thank you. 261 02:09:07,870 --> 02:09:56,480 Um, ditto to Council President Wolf's comment. I really appreciate every time I have a meeting with you, talking with constituents, I can see the pride you have in everything you do. So thank you so much. Um, I also want to, also have the similar request of um, as we go into the budget season. I would just appreciate some more clear options like how you present to the council on, you know, what are the, what the service level, what are the options, you know, what the trade offs, you know, if we increase or decrease certain service level, what are the long term consequences and to the budget? So just a, just bring us bring us along a little bit more. I think I would just appreciate a better understanding of the decision making process. I really appreciate it. Council. 262 02:09:56,480 --> 02:10:42,130 Thank you, mayor, and thank you all for the wonderful presentation tonight. Um, I think, um, you know, ditto to council President Wolf and mayor who. But I think in addition to that, I'd love to sort of understand those forecasts for growth to maturity, because just going through it and I recognize public works is, um, a bit unique in terms of the fact that we have a road system that's not going anywhere. We have a sewer system that's not going anywhere. It's going to grow as we annex or expand or develop additional housing and so on. Um, and it's going to need to be replaced. So I think it would be helpful, you know, sort of like how we have with revenue forecasts or expenditure forecasts, understanding those levels of service and how we expect them to change over time would be helpful going into budget season in addition to the dollars. 263 02:10:42,130 --> 02:10:50,890 Okay. Thank you so much again, really appreciate it. Have a good evening. 264 02:10:50,890 --> 02:10:50,890 All right. So we have no non agenda item. But we do have an executive session. So the Tiger City Council will go into executive session to discuss the performance of a public official under RS1 92.6602 I. All discussions are confidential and those present may disclose nothing from the session. Representatives of the news media are allowed to attend executive sessions as provided by ORS1 192.6604, 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. The Tiger City Council will adjourn at the end of the executive session. All right. Good night Tiger.