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City Council Packet - 07/09/1984 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an00 REGULAR MEETING AGENDA agenda item needs to sign on the appropriate JULY 9, 1984, 7:30 P.M. sign-up sheet(s). If no sheet is available, m FOWLER JUNIORHIGHask to be recognized by the Chair at the start r i., 10865 SW;WALNUT of that agenda item. Visitor's agenda items H w TIGARD, OREGON 97223 are'asked' to be kept to 2 minutes or less; Longer matters can be,set :for a future Agenda by con- tacting either the Mayor or City Administrator. 7:301- REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2. Pledge of "Allegiance 1.3: Call To Staff and Council For Non-Agenda Items 7:35' 2. VISITOR'S AGENDA (2 Minutes or Less, Please)` 7:40 3. ORDINANCE NO. 84-38 ORDINANCE AMENDING POLICY 6.1.2 & 12.1.1 (CPA 14-84) o Second Reading Required From 6/25/84 Meeting 7:45 4. APPROVE OLCC APPLICATION - Arco Food Mart, 15900 SW Upper Boones Ferry Road, Tigard, Oregon (New Outlet/RMB Package:Sales) o Chief of Police 8:00 5. COMMUNITY'DEVELOPMENT CODE INTERPRETATION o Tigard Water District 15 6. SUBDIVISION APPLICATION FEE REFUND REQUEST- Cecil Boone Park o Director of Planning & Development 8:25 7. TMC REVISION - BLASTING PERMITS - ORDINANCE NO. 84- 0 Legal Counsel 8:35 8. TMC REVISION - LID CODE - ORDINANCE NO. 84- 0 Finance Director 8:45 - - - - - BREAK - - - - 9:00 9. 68TH AVENUE SEWER LID PRE-ASSESSMENT PUBLIC HEARINGS o Public Hearing Opened o Summation by Director of Public Works o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation of Director of Public Works o Council Discussion o Public Hearing Closed o Council Action o Ordinance NO. 84- Spreading Pre-Assessment 9:30 10. 68TH AVENUE PARKWAY STREET LID PRE-ASSESSMENT PUBLIC HEARINGS o Public Hearing Opened o Summation by Director of Public Works o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation of Director of Public Works _ o Council Discussion o Public Hearing Closed o Council Action o Ordinance NO. 84- Spreading Pre-Assessment COUNCIL AGENDA - JULY 9, 1984 - PAGE 1 PAM 10:00 li. ACCUMULATED TIME REPORTSDISCUSSION - o Councilor Scott Request 10: 15 12. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion 'without separate discussion. anyone may request that an item be removed by motion for discussion and separate action. Motion to: 12.1 Ratify OLCC Application - Lamb Weston Company Picnic at Cook Park - 7-8-84;= Beer Only 12.2 Approve OLCC Applications: o,` Lone Oak 'Restaurant,, 11920 SW Pacific Highway, Tigard, Oregon (Add New Partner) o Plaid Pantry Market, 11705 SW Pacific Highway, Tigard, Oregon (New Outlet/PS Package Sales) 12.3 Approve Ad For Sale of City Property 12.4 Call Council Retreat - July 12"& 13, 1984 12.5 Approve Municipal Judge Agreement 12.6 Approve Personal Services Contract -` Civic Center Architect 12.7 Deny EMS Ambulance Agreement 10:20 13. NON-AGENDA ITEMS: From Council and Staff 10:30 14. EXECUTIVE SESSION: The Tigard City Council' will go into Executive Session under the provisions of ORS 192.660'(1) (e) & (h) to discuss real property transactions and pending litigation issues. 00 15. ADJOURNMENT 1722A { COUNCIL 'AGENDA JULY 9, 1984 PAGE 2 t m� �° T I G A R D C I T Y C O U N C I L t� d .x REGULAR MEETING MINUTES - JULY 9, 1984, 1984 - 7:30 P.M. 1. ROLL CALL: Present: Mayor John Cook; Councilors: Tom Brian, Phil Edin, Kenneth Scheckla, and Ima Scott; City Staff: Frank' Currie, Director of Public Works; Bob Jean, City Administrator (arriving at 8:15 - P.M.); Bill Monahan, Director of Planning & Development; Tim Ramis, Legal Counsel; and Doris Hartig, Deputy City Recorder. 2. CALL TO STAFF AND COUNCIL FOR NON-AGENDA ITEMS a. Mayor Cook added agenda item 8A - Report by Civic Center Project Committee followed by an executive session under 'the 'provisions of ORS 192.660 (1) (1a) to 'discuss the Committee's report. -Agenda item 12.6 Approve personal services contract for Civic Center Architect will' be removed and tabled to July 16, ;1984. o Deputy City Recorder noted the 'workshop for Civic Center project scheduled for 7/30/84 had:been_reset to 8/20/84. b. Director of Public Works requested the 135th Street LID be added. C. Councilor Scott requested discussion on employee/council benefits. d. Councilor Scheckla inquired about the Woodard Park log removal and status of fill on S.W. 110th. Director of Public Works responded as to status. 3. VISITOR'S AGENDA a. Richard Boberg, Chairman of NPO #7 requested Council hold a hearing on 135/Walnut LID. He requested Council hear their views before the Washington County hearing on 7/24/84. o Bob Bledsoe of NPO #3 made the same request. o Director of Public Works noted' Washington County had requested City input on the LID. o Consensus of Council was to have informational only meeting July 16, 1984, with full formal hearing to be held by Washington County. NPO's and City staff to notify interested property owners. 4. ORDINANCE NO. 84-38 AN ORDINANCE AMENDING POLICY 6.1.2, SUBSIDIZED HOUSING DISPERSAL IN SINGLE FAMILY ZONES, AND POLICY 12.1.1, RESIDENTIAL LOCATIONAL CRITERIA, AND DECLARING AN EMERGENCY (CPA 14-84). Second reading of ordinance, a. Motion by Councilor Brian, seconded by Councilor Edin to adopt. 4. Approved by 4-1 vote of Council with Councilor Scott voting NAY. 'age 1 -;COUNCIL MINUTES - JULY 9, 1984 5. APPROVE OLCC APPLICATION - Arco Food Mart, 15900 SW Upper Boones Ferry (_ Road, Tigard, ,(New outlet/RMB Package Sales) a. Chief of Police stated the department.' found no basis for denial and 'recommended`approval. o Councilor Scheckla questioned allowing ,sale 'of alcoholic beverages on a location near I-5 freeway. b. Council Brian moved, seconded by Councilor Edin to recommend f. approval to OLCC. o Wes Metcham of Time Oil Co., Portland, explained the operation of the proposed store was to 'take care of the neighborhood and they were not looking for freeway traffic. He was not sure of the - operation but plan to be open from 6:00 A.M. to 12 midnight. o Council discussed the;operation and sale of alcoholic beverages. Motion approved by 3-2 vote of Council with Councilors Scott and Scheckla voting NAY. - e CITY ADMINISTRATOR JEAN ARRIVED at 8:15 P.M. 6. COMMUNITY DEVELOPMENT'CODE INTERPRETATION � a. Planning Director reported the Tigard Water District had requested an interpretation of the proposed use for future office/shop complex. He referred to a letter from the Tigard Water District e clarifying their position. Planning Director commented he felt , the use falls within the incidental use category. 0 . Bob Santee, Administrator of Tigard . Water .District, requested ;. Council interpretation of the Code so that in future planning they could say how the Code is interpreted. He felt they qualified as a public facility support development. o Mayor Cook pointed out any interpretation tonight could be changed at some time in the future. Council and staff discussed interpretation issue. 0 Gary Ott, 9055 SW Edgewood, NPO #1 Chairman, stated the proposed use is of an industrial nature and the activity is not compatible with the concept of CBD. r o Since the land has already been purchased, Mayor Cook with the concurrence of Council, set the matter over to a study session for further consideration. E E 7. SUBDIVISION APPLICATION FEE REFUND REQUEST - Cecil Boone Park i a. Planning Director summarized memo and recommended Council deny the request. s } r a Page 2 COUNCIL MINUTES - JULY 9, 1984 o Council and staff discussed the issue and city fees and charges policy. b. Motion by Councilor Brian to deny the refund request. s - Motion died for lack of second. C. Motion by Councilor Scott, seconded by Councilor Scheckla to P refund one-half of the $330. j Motion approved by 4-1 vote of 'Council 'with'Councilor Brian voting NAY. s . 8. ORDINANCE NO. 84-41 AN ORDINANCE AMENDING 7.32.080 REQUIRING A PERMIT TO BLAST WITH ' EXPLOSIVES, TO INCORPORATE THE i DEFINITION OF EXPLOSIVE UNDER STATE LAW AND T0- REQUIRE INSURANCE TO ,THE LIMITS SET FORTH UNDER THE OREGON TORT CLAIMS ACT AND DECLARING AN e: EMERGENCY. a. City Attorney explained the ordinance would coordinate with state statutes and recommended approval. ' b. Motion by Councilor Scheckla, seconded by Councilor Scott, to adopt. }} o City Administrator noted staff contemplates a fee for a permit and E will come back later ;with a resolution. L f Approved by unanimous vote of Council present. 9. ORDINANCE NO. 84-42 AN ORDINANCE AMENDING SECTIONS OF TITLE 13 OF THE j TIGARD MUNICIPAL CODE AND DECLARING AN EMERGENCY. s a. Motion by Councilor Edin, seconded by Councilor Brian, to adopt. i Approved by unanimous vote of Council present. t i. 10. CIVIC CENTER COMMITTEE REPORT a. Valorie Johnson gave brief overview of the Committee's search for an architect and reported- their first choice was Smith/Dull Partnership. Committee was requesting further direction from Council as how to proceed with negotiating the contract. MEETING RECESSED at 8:50 P.M. Council went into executive session under the provisions of ORS 192.660 (1)(1a) to discuss contract negotiations for Civic Center architect. MEETING RECONVENED at 9:25 P.M. { k Page 3 - COUNCIL MINUTES - JULY 9, 1984 a — - -- 74 a o Mayor Cook reported 3 members from the Civic, Center Committee will be appointed to serve with someone from the Attorney's office to negotiate with the architect and will bring back a recommendation to the next Council meeting. 11. 68TH AVENUE SEWER LID PRE-ASSESSMENT PUBLIC HEARING a. Public Hearing Opened o Director of Public Works summarized memo, `stating the project is 85% complete. The purpose of preassessing is to allow time for the bond sale prior to the November election. He noted the City had received 2 `letters of"objection to the assessments. The Larry Green property, 6830 SW Haines Road, 'Tigard, cannot be served by the sewer line, and when the City does the final assessment they will not be assessed. The Robert S. Hogg, property 6860 SW Clinton St., objection was that the sewer is too high to service - the; property. Hogg's have 2 parcels of land and the lot without the house is the only property within the district and can be served. Also a letter from Mrs. G. L. Ball requesting what area is being served'. o Councilor: Scheckla reported he had a relative living in the project and removed himself from Council bench at 9:33 P.M. b. Public Testimony o Geraldine L. Ball, representing herself and DJB, Inc., read a letter stating her concerns that the property is properly served ' and requested an answer to her letters of 6/29/84 and 7/5/84. o Ann Leiser, 6009 SW Pendleton Court, Portland, OR 97221, stated she would go along with the preassessment. o Lewis Buchholz, 11700 SW 67th, waived opposition to the project. o Director of Public Works recommended the assessments be approved as proposed and be levied and the Council authorize the sale of the bonds. Estimated interest rate is 13%. He further suggested a special letter be sent to the Greens as their property will not be assessed when the final assessment is spread. C. Public Hearing Closed ORDINANCE NO. 84-43 AN ORDINANCE ADOPTING AN ASSESSMENT FORMULA FOR THE 68TH AVENUE SEWER LOCAL IMPROVEMENT DISTRICT NO. 43, CREATED PURSUANT TO ORDINANCE NO. 83-42 d. Motion by Councilor Brian, seconded by Councilor Scott, to adopt. Approved by 4-0 vote of Council present. COUNCILOR SCHECKLA RETURNED TO COUNCIL BENCH at 9:45 P.M. Page 4'- COUNCIL MINUTES - JULY 9, 1984 12. 68TH AVENUE PARKWAY STREET LID PRE-ASSESSMENT PUBLIC HEARING } a. Public Hearing Opened o Director of Public Works summarized project noting all owners had agreed to the assessment formula and gave the right-of-way to the project. As Council " had directed the assessment area, had .been expanded to 370' from the street. To obtain equity for the dedicated right-of-way all property had been 'appraised. G o Keith Thompson, representing Cooper Consultants,' synopsized the project and recommended a revision in ;spreading ,the assessment as indicated in the revised assessment roll dated 7/6/84. He reported all property owners have been contacted except= the White's and their assessment has been reduced. o Geo. Hansen, 1000 SW 3rd, Portland, Attorney representing O.E.A., stated they would like to see the road go 'through and that they have not had a chance to review the assessment changes. o Mike Salmon, P.G.E., 121 SW Salmon St`., Portland, stated he felt ' their property does not benefit from the road construction and the assessment is not reasonable. o Council and staff discussed the PGE assessment going from $11,000 t to $71,000, the potential use of the property, and benefit from the project. P.G.E. noted there was a perpetual easement which ( restricts the use of the property. City Attorney commented Council needed to analyze the problem and come up with conclusions i. as to what is fair. j o Director of Public Works recommended approving the assessment as i proposed, levy assessment and approve the sale of the bond. If the Council wishes to approve the alternate assessment as submitted, he recommended continuing the public hearing to July 23, 1984. E P o Discussion by Council and staff as to property benefited and whether properties have access to the road. o Frank Warren Enterprises, 2310 N. Kerby St., Portland, noted proposed development of the P.G.E. property. o Council and staff continued to discuss the benefit to P.G.E./Warren property, the private agreement, and adjusting assessment to other property owners. Consensus of Council was to request staff to come back with 3 scenarios and give Council an # opportunity to consider in making a final decision. ! . b. Motion by Council Edin, seconded by Council Scheckla, to continue to July 16, 1984. Approved by unanimous vote of Council present. t Page 5 - COUNCIL MINUTES - JULY 9, 1984 _ _ M - -- -- - 13. ACCUMULATED TIME REPORTS DISCUSSION a. Councilor Scott suggested item be discussed at another night as Council meeting is running late. Council concurred. 14. RATIFY OLCC APPLICATION Lamb Weston Company Picnic at Cook Park. 7%3/84 Beer only. a. Motion by Councilor Brian, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 15. APPROVE OLCC APPLICATIONS: a. Lone Oak Restaurant, 11920 SW Pacific Highway, , Tigard, OR (Add new partner) b. ' Plain Pantry Market, 11705 SW Pacific Highway, Tigard, OR (New outlet/FS Package.Sales) C. Motion by Councilor Brian, seconded by Councilor Scott to approve. Approved by unanimous vote of Council present. 16. APPROVE 'AD FOR SALE OF CITY PROPERTY a. Motion by Councilor Brian, seconded by Councilor Scott, to approve. Approved by unanimous vote of Council present. 17. CALL COUNCIL RETREAT - July 12 & 13, 1984 a. Motion by Councilor Brian, seconded by Councilor Scott, to approve. Approved by unanimous vote of Council present. 18. APPROVE MUNICIPAL JUDGE AGREEMENT a. Motion by Councilor Brian, seconded by Councilor Scott, to approve. Approved by unanimous vote of Council present. 19. APPROVED PERSONAL SERVICES CONTRACT - CIVIC CENTER ARCHITECT a. Motion by Councilor. Brian, seconded by Councilor Scott, to remove" and table to July 1.6, 1984 Approved by unanimous vote of Council present. 20. DENY EMA AMBULANCE AGREEMENT a. Motion by Councilor Brian, seconded by Councilor Scott, to deny the request to pass the agreement. Approved by unanimous vote of Council present. Page 6 - COUNCIL MINUTES JULY 9, 1984 a 21. NON-AGENDA ITEMS a• 135TH LID PROJECT Councilor Brian, seconded by Councilor 'Edin, to have ;p Motion by r - - information meeting and public comment on July, 16, 1984. Approved by unanimous vote of Council present.' o Mayor Cook requested NPO and staff to notify people on an informal r basis. b. COUNCIL/EMPLOYEE HEALTH BENEFITS f o Councilor requested Council health benefits stay at full 4 with City paid premium. family Blue Cross Plan o Discussion by Councilmembers regarding paid medical benefits for Council .members. Mayor Cook noted the decision of Council when the budget was adopted. o Motion by Councilor Scott, seconded ,by Councilor Scheckla, the City will provide full family Blue Cross Plan IV health benefits for FY 84/85 for Council members. ouncil, Councilor Brian voting NAY Motion approved by 3=1 vote of C and Mayor Cook abstaining. l MEETING RECESSED at 10:47 P.M. 196.660 Council went into Executive Session under the transactions rovisions f and pending (1) (e) & (h) to discuss real property litigation issues. MEETING ADJOURNED AT 11:15 P.M. r o 7 Deputy City Recorder - Cf Tigard ATTEST: y - City of Tigard (Dli:pm/1796A) t, w i; Page 7 - COUNCIL MINUTES - JULY 9, 1984 s y E _ t j TIMES PUBLISHING COMPALegal P.O.BOX 370 PHONE(503)684-0360 Notice` 7-6o46 BEAVERTON,OREGON 97075 �Vco Legal Notice Advertising ® ❑ Tearsheet NoticeO'c CITY OF TIGARD TIC_pi{6 a P O BOX 23397 ® ❑ Duplicate Affidavit ` TIGARD, OR 97223 F AFFIDAVIT OF PUBLICATION STATE OF OREGON, } COUNTY OF WASHINGTON, )ss. ,, Susan Pinkley being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tigard Times a newspaper of general circulation as defined in ORS 193.010 i and 193`020; published at r;g,-, "in the` aforesaid county and state;that the i City `Council Special Meeting t,. a printed copy of which is hereto annexed, was published in the E' entire issue of said newspaper for" 1 successive and consecutive in the following issues`. C July 5 > 1984 i p' Subscribed an w rn to before me t' is 1y 6, 1984 z Notary Public for Oregon i My Commission Exp 3-16-87 I AFFIDAVIT k 44td �a$ kr#i5d ica Y exsat#on.. ., o� ilyder, - tatf .#t �€tam��,' �. Trevi 1112" .Ax 4y: i�Ct��63 71 IT'm'Cfbf ClL SPECIAL MEETIN � sis d 4;1'9$ ?.3t?P �Ob L ,�t3NSC6 ')KIC#4 'aC OCfiI»LEC"iTd ROOM d43�5 SETS'#J,e1:E.�I:f`I'Ta'I`f�I:'l`,TIC'zR32I3,OP�OI� � diaTWA d C`f3ernfa'Iia sC #cit t3, ea�, eikCSY#n cstatftS$� $?. Ret � rt - d SOME _IQ. i 4 t - VISITOR'4S AGENDA DATE AGENDA ITEM.#. �. lease) (Limited to' 2 minutes or less, p z sheet for listed agenda items. The Council Please sign on the appropriate wishes to hear fromschedule yauryou on oitems for ther issues a future nagenda. Pleasecontactthe require that we City Administrator as to agenda scheduling. Thank you. 4' T1 . ,. TE14 DESCRIPTION ADDRESS &, AFFILIATION' � IAR i; 5y y' E t F! 1 DATE JULY 9, '-1984 I wish to testify before the Tigard City Council on the following item: (Please print the information) Item Description: dk 9 �i8TIi Ai1E'1UE SEWER Lam_ PRE-ASSESSMENT PUBLIC HEARING i } p�aponeExt (Against issue) Proponent- (Por ssue e; Address d Affiliation NXName, Address and Affiliation 'O�1 0 r { t' CITY OF TIGARD, OREGON .�'°� COUNCIL AGENDA ITEM SUMMARY 1984 AGENDA ITEM #: AGENDA OF: Jul 9, Before 1984 PREVIOUS ACTION: Public Hearing _ DATE SUBMITTED: ISSUE/AGENDA TITLE: Goal 10 - In Council on 6/25/84 mission Order To Com l Statement REQUESTED BY: Plannin Com4 Subsidized Housin Folic CITY ADMINISTRATOR: DEPARTMENT HEAD OK: -- INFORMATION SUMMARY Please bring background materials included in the June 25, 1984 packet under item X11.3. Council held a public hearing on an ordinance to On June 2the City 5, 1984, ersal policy 6.1.2 in the City's adopted dis modify the subsidized housing , P the Council voted to amend the Comprehensive 'Plan. After discussion, Councilor ordinance. The amended ordinance passed by a 4-1 ma Scott voting nay- A second reading of the ordinance ijority vote,s required. A copy o£ the ordinance, as modified by Council, is attached. ALTERNATIVES CONSIDERED SUGGESTED ACTION ,Adopt Ordinance No. 84-38 as attached after second reading- l EAN:lw/1 749A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF. June 25, 1984 AGENDA ITEM #: { DATE SUBMITTED: June 12, 1984 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: OLCC License Application REQUESTED BY: Applicant DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY `. APPLICANT: ARCO FOOD MART 15900 'SW Upper Boones•Ferr•y Rd Tigard, OR 97223 (New Outlet/RMB Package Sales) _Owners: Dennis T. and Leart J. Grohs t ALTERNATIVES CONSIDERED t SUGGESTED ACTION ( Res ectfully, Recommend approval and forwarding to OLCC. p R.B. Adams Chief of Police ;t ------------- ry o MEMORANDUM June 7, 1984 TO: Chief Adams, Police Department FROM: Penny Liebertz, Finance Department, tt`�r SUBJECT: OLCC Liquor License Application Please review the attached application and have recommendation to us by Wednesday, June 20th, so we may include it in the packet for the June 25th Council Meeting. Thanks. New Outlet: ARCO FOOD MART 15900 SW ,Upper Boones 'Ferry Road Tigard, OR 97223' L-- �y { a s � .✓j �/ � / �� Cid .✓/E'Ct``�>/7r�°ri�%^ (�/�-rr.:'�s 1`G. c7C.•^GE- �1�?''L-4^ �/IG`f-r'sJ 1.�-2-2L f\� J � Y j �'�> :ham�2-/ �� G�� `��.' G'i'..l'7!r')�s!i?G� 5`G� /.,�fes✓.^c:G.J �//.✓l�. v7L"t,"G'-C"a��77GU'.7"7,� 4��/G�"t=7,�-- ✓L"cam z-/'�L� �jr�S✓r��?�u%L GL�y71G��!u CXE v j �- / �•�/�' ��G�7/,tl�?��-»� art G�.o��lGc%��CLc r/��Le�o � �'J .��L-G�j^ CG>-�le�1i7�J _ ,/,^�Cc�G'� l G2h G�� f? C%p,�I�� 1�G'� � ��' G%?G�-�''�--E•- ✓7(J ,��,.2Gc-��'1.- f ./.��.�(irJ �C'�r�Gj Grjj�G�s�C G�g�� '-ate.. ✓.��GC�..�'1.�z2-�"� �'��'��. _ CITY OF TIGARD, OREGON ' E COUNCIL AGENDA ITEM SUMMARY #: AGENDA OF: July 9, 1984 AGENDA ITEM e , DATE SUBMITTED: July 5, 1984 PREVIOUS ACTION: Council ISSUE/AGENDA TITLE: Community Discussion on June 25, 1984 De elopment Code Interpretations REQUESTED BY: Tigard Water District s k DEPARTMENT HEAD OK: CITY ADMINISTRATOR: k INFORMATION SUMMARY The .Council tabled discussion of this item on June 25, 1985. A copy of , _ my original memo as well as a June 26th letter to Bob Santee and additional information presented by Bob Santee of; the Tigard Water District are attached for your consideration. i t ALTERNATIVES CONSIDERED 1.. Accept the Planning Director's determination that the Water District's proposed use is allowed as permitted and/or conditional use provided that the extent of the storage proposed falls within the amount allowable. 2. Determine that the proposed use as described is not allowed. SUGGESTED ACTION Accept alternative number one. 0505P/dmj a1=9fu&VAAV 1009W=Maoio L June; 26, 1984 CITYOFTIGMD WASHINGTON COUNTY,OREGON Mr. Robert E. Santee, Administrator Tigard Water District 8841 SW Commercial St. Tigard, Oregon '97223 RE: Request for designation of use for Air-King property. Dear Bob: I received your letter of June13, '1984, concerning the 'above referenced site. I analyzed your request and came to a tentative conclusion that the administrative offices are allowed as a permitted use, however, whether or not associated uses are allowed is not as clear. To assure that the City Council's intent is carried out, I prepared a memo and asked the City Council , whether or not they agreed with my reading of the code, " The Council, however, tabled the matter at its meeting last night as they felt that yourproposalto use' a portion of the land for 'outdoor storage may be in ;violation of the code. Specifically, it is not clear from your letter what the extent of the l' outdoor storage will be. Attached for your information is my letter to the Council with attachments. I suggest that you submit a letter which spells out in detail your plan so that we may better analyze what the principal use is and determine if the outside storage is merely "incidental" as allowed, or is actually a dominant use. 1f the storage represents the prime use, the Council and I may determine that the use is closer to a light manufacturing use, and thus inappropriate for the zone. Please be advised also that NPO #1 is concerned about your proposed use since they strongly favored the former urban renewal plan which called for redevelopment of the area for commercial and residential uses only. The Council directed me to allow the NPU input into this issue before making my final interpretation. My interpretation will be based upon further information from ,you concerning your use and input from the NPO and Council. It appears that the Council will discuss the issue again at its meeting on July 9, 1984. Sincerely. William A. Monahan 7` Director of Planning and Development (WAM:ch/0492P) 12755 SW.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 t . TIGp� RD WAI E IST I C _8641 S W COMMERCIAL ST A' dpi TIGARD,OREGON 97223-6290 IM-3 RIM PHONE (503) 639-1554 91-Iz JUN281984 CITY OF TIGARD June 27f 1984 PLANNING DEPT. ( William A. Monahan Director of Planning and Development City of Tigard P. O. Box 23397 Tigard, ,Oregon 97223 3 Re: Request for designation of use for Air-King property Dear Bill: Thank you for your letter of June 26, 1984 pertaining to the"di'strict's use of the subject property as a future office/ shop complex.; Your thoroughness in reviewing this matter is }t: appreciated. Prior to responding directly to your inquiry abort the proposed use of the site I would like to relate my views on the reason for selecting the Air-King site as the most desirable to the district as well as the city as a whole. The need for future expansion of the district' s facilities has been apparent for some time. The shop, located : n a resi- dential zone at S. W. 103rd and Canterbury Lane, was expanded and enlarged in 1973 over the objections of the city planners. The facility was, and is, a pre-existing, non-conforming use of the land. In 1975 the administrative offices in the fire dis- trict' s building were expanded (upstairs) at which time there was difficulty obtaining a city permit for such enlargement. It is our sincere desire to conform to existing zoning and regulations prescribed by the city. Not only do we want to be in conformance, we want the facility to be compatible with sur- rounding buildings and to be an asset to the community. With this in mind, the district selected the Air-King site as ideal. With the new city hall to be in close proximity, Tigard, finally, could have the beginning of a truly "downtown" area. Almost all public utilities would be located together. General Telephone is adjacent to the land purchased for the new city hall. There has been talk about the fire district, also, desiring to locate t a station in this area. Rl William A. Monahan } June 27 ,'1984 Page 2 In view of the need for some outsidestorage of pipe we observed other developments and ,uses' in the area along S. W. Burnham Street. It was noted that Familian Northwest has open storage for PVC pipe. Stevens Marine has an inventory of boats on display outside. General Telephone has outside storage for its telephone poles, cable 'reels, PLIC pipe, etc. , as well as a large parking area for cars, trucks and equipment. These types of uses in the Central' Business District (CBD) appear compatible to the zoning of this area and not in violation of the city code. Architectural plans have not been prepared for the future facility. However, I would envision either a one or two-story concrete structure to house both the administrative offices and shop. The shop would be large enough to 'store most of the equip- ment and vehicles, along with some pipe fittings. Outside stor- age would be required for pipe, neatly stacked, and adequately screened from view by 'a cyclone fence with redwood slats. A height restriction of six (6) feet could be imposed on all stacks f , of pipe. Also, the area for pipe storage would be located adja- cent to the railroad tracks, far removed from the street. This outside storage of pipe could be classified as "inci- dental" because the amount on hand would be minimal. In most cases, pipe is delivered by truck directly to the jobsite from the manufacturer. Thus, the district avoids having to handle the pipe unnecessarily. Except in unusual situations, only that amount of pipe and fittings required to meet emergency conditions (such as a main break) need be on hand. My personal view on this site for the district's office/shop complex is not provincial and takes into consideration that at some point in time there will be unification or consolidation with the city, preceded by inter-governmental agreements on matters of mutual interest. The site is large enough (over 5 acres) to accomodate other public facilities and uses as well. For example, a modern vehicle repair shop could be constructed on the site for use by both the city and district. I have contacted Police Chief Bob Adams about possible immediate use of the land for parking police cars or a storage area for impounded vehicles. There are unlimited possibilities for this parcel of land. And what better use than for the public: 4` William A. monahan June 27, 1984 Page 3 We have the opportunity now to plan for the future of downtown`Tigard. The district (and city) has taken a positive step to ensure that land will be reserved for the future use of the public. Precisely how this will be developed is unknown at this time, but must be 'left to those who come after us (or at least after me) . -It is obvious to me: that this site should be reserved for public uses. Accordingly, I would disagree with the views of NPO #1 that this area be zoned for commercial and residential uses only. Finally, the overall benefit to the city should be realized and considered in decisions of this kind. it is noted that the present shop (and outside storage of 'pipe) located in a resider tial zone will be abandoned'. The reservoirs and pumping station will remain. I fully concur with your recommendation to the city council and sincerely believe it is; in the best interests of the city. { The city is adequately protected by the site development review process. In any event, the property will be purchased by the district on contract on July 2, 1984. Plans to construct a facility will probably not be prepared until 1990 or beyond. In the meantime, if any public agency, including the city, desires to utilize any portion of this property we are open to suggestions. Thank ,you for your attention in this matter. Sincerely yours, TIGARD WATER DISTRICT Robert E. Santee Administrator ME140RANDUM CITY OF TIGARD, OREGON TO: Members of the City Council June 20, 1984 FROM: William A. Monahan, Director of Planning and Development SUBJECT: Community, Development Code - Interpretation Tigard Water District e The Tigard Water District (TWD) has requested a determination concerning their proposed use of the Air ,King site, on SW Hall' and Burnham Street, for an office/shop complex.' The land is located in the CBD zone (copy attached). In my analysis' of the TWD's request, I have noted that the following uses would take place on the site: 1. Administrative Offices 2. Outside storage of pipe and fittings 3. Truck and equipment parking. _ l The CBD zone allows as a permitted use Civic Use Types - Public Agency Administration Services (18.66.030 A.7.) defined as follows (18.42.020 B 1) B. Civic Use Types. Refers to utility, educational, recreational, cultural, protective, governmental, and other uses which are public or quasi public in nature. 1. Public Administrative Agency Refers to public service providers, record-keeping, clerical, or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles, and excludes commercial use type, "Professional and Administrative Services." Typical use types are associated with governmental offices. Applying this definition, the administrative offices are allowed as a permitted use. Incidental storage and maintenance of which is also allowed. What is not specifically addressed is outside storage of pipes and fittings. It is my interpretation that such storage would be allowed under section 18.42.020 B 7 of the code which refers specifically to Utilities: 7. Utilities Refers to services and utilities which have a substantial visual impact on an area. Typical places or usesare sanitary landfills, airports, detention and correction institutions, mass :transit waiting stations or turnarounds, electrical and gas distribution substations," radio microwave, telephone transmitters, and cable TV receivers, and transmitters. The definition does not mention storage, however, the common uses affiliated with a utility such as providers of -sewer,' water, electrical, telephone, or other such services normally include construction and storage. I feel that the broad definition of utilities in the code allows for this use. I base my determination on the fact that some uses specifically, listed under utilities such as sanitary landfill and airports are allowed without restriction as conditional uses. Please note that construction on the site will require site development review in accordance with Chapter 18.120 of the Community Development Code if there is new development or major remodeling of existing development involving more than 50% of the total square footage of the existing structures. During site development review, the need for fencing will be discussed to fit the storage yard into the intent of the zone. Since the Water District requires a determination by July 2, I am asking the Council if it agrees with my determination or if there is reason to believe that such a use as described is contrary to the intent of the Code. Should the Council agree with my determination, I will notify the Water District immediately. Action Requested Council agreement with the decision of the Planning Director that under the Community Development Code, the use proposed by the Tigard Water District, including outdoor storage of utility construction materials, is allowed as permitted and conditional uses under the CBD zone. t. 0488P 1 dmj 3 18.66. . CBD (CENTRAL BUSINESS DISTRICTS {" 18 66 010 Purpose l The purpose of the CBD zoning district is to provide for a commercial office and retail area which concentrated, central high density residential and mixed uses. also provides civic, s and Approval Process 18.66.020 Procedure ' R. A use permitted outright, Section 18.66.030, is a use which ' requires` no .approval under the. provisions of this code. If a use is not listed as a use perm outright, it maybe held to be a similar unlisted use under the 'provisions 'of Chapter 18.43 (UNLISTED USES). B. A conditional use, Section 18.66.040, is a use the approval Of al which is discretionary with the Hearings } officer.. The app process and criteria for approval' are set t forth in Chapter is not listed as 18.130, Conditional Uses. If a - use € conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES). i . 18.66.030 Permitted Uses A. Civic Use Types t 1 Civic services I 2. Community Recreation 3• Cultural exhibits and library services 4. Lodges, fraternal and civic assembly 5. Parking facilities 6• postal services 7. Public agency administrative services 8. Public safety services 9. Public rapport facilities B. Commercial Use Types 1. Amusement Enterprises 2. Animal sales and services a. Grooming b. Veterinary: small animals 3. Automotive and Equipment a. Cleaning. . b. Repairing: light equipment 4. Building maintenance services 5. Business equipment sales and services 6. Business support services 7 Communication services 81 Convenient sales and personal services 9. Eating and drinking establishments 10. Financial, insurance and real estate services 11. Food and beverage sales +y 12. Medical and dental services III - 103 t. YAm 'i _ t 13. Participation sports and recreation: a. Indoor { b. Outdoor 14. Personal services: general I 15. Professional and administrative services 16. Repair services: consumer 17 Retail sales: ' general i 18. Transient lodging 5 C. Residential Use Types (See R-40 and R-12 for development } standards) 1. Single family attached residential units 2. Multiple family residential units The C3D' zoning district allows for R-40 residential development except within the area south of fanno Creek defined as follows: All lands bounded by Fanno Creek, Hall Blvd. ,; Omara, Ash Ave. and Hill Street within the CBD shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 district standards. 18 6b 040 Conditional Use (Section 18.130) A. Adult Entertainment B. Automotive and equipment sales/retail, light equipment C. Day Care Facilities D. Utilities E. Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA F. Hospitals G. Spectator sport and entertainment facilities H. Group care residential I. Vehicle Fuel Sales J. Wholesale, storage and distribution K. Commercial Parking Facilities 18.66.050 Dimensional P.e uirements - 'Non—Residential Uses A. There are no minimum lot area or lot width requirements. B. There are no minimum lot width requirements. C. There are no setback requirements, except 30 feet where a commercial use within the district abuts a residential zoning district: D. Except as otherwise provided in Section 18.98 (BUILDING HEIGHT LIMITATI0NS), no building in the CBD zone shall exceed 80 feet in height. 3 E. The maximum height of any building in the CBD zone within 100 � •. deet of any residential zoning district shall not exceed 40 feet. F. The maximum site coverage shall be 85 percent: III - 104 18 66 052 Dimensional Requirements - Residential Uses.- R-40 A. There is no minimum lot area per unit. B. There is no minimum lot'width''requirement. C. The minimum .setback requirements are as follows: 1. The front yard setback shall be a minimum of 20 feet. 2. On corner and through lots, the minimum setback for each side facing a street shall be 20 feet, however, the provisions of Chapter '18.102 (VISUAL CLEARANCE) must be satisfied. 3. The side yard setback shall be a minimum of 10 feet, except as provided in subsection (5) 4. The rear yard setback shall be a minimum of 20 feet, _except as provided in subsection (5). 5. Where the side yard or rear, yard of attached or multiple family, dwellings abut- a more restrictive zoning district, such setbacks shall not be less than 35 feet. 6. Front of garage to property line abutting a public or private street shall not be less than 20 feet. �( D. Except as otherwise provided in Chapter 18.98 (BUILDING HEIGHT LIMITATIONS), no building in an R-40 zoning district shall exceed 60 feet in height. E. The maximum lot coverage shall be 80 percent. F. The minimum landscape requirement shall be 20%. 18.66.054 Dimensional Requirements —Residential Use - R-12 - Special District A. There is no minimum lot area-per unit. B. There is no minimum lot width requirement. C. The minimum setback requirements are as follows: 1. The front yard setback shall be a minimum of 20 feet. 2. On corner and through lots, the minimum setback for each side facing a street shall be 20 feet, however, the provisions of Chapter 18.102 (VISUAL CLEARANCE) must be satisfied. ( 3. The side yard setback shall be a minimum of 10 feet, except as provided in subsection (5). 111 105 x 4. The rear yard setback shall be a ;minimum of 2Q feet, except as provided in subsection (5). 5, Where the side yard or rear yard of attached or multiple 4 ore restrictive zoning ` district, family dwellings abut a m such setbacks shall not be less than 35 feet. f garage to property line abutting a public or 6. Front og g private street shall not be less than 20 feet. D. Except as otherwise provided in Chapter 18.98 (BUILDING HEIGHT LIMITATIONS), no building in an R-40 zoning. district shall exceed 60 feet in height. E. The maximum lot coverage shall be 80 percent. F. The minimum landscape requirement shall be 15%. 18 66 060 Additional Requirements A. Off—street parking and loading, Chapter 18.106 B. Access and egress, Chapter 18.108 C. Landscaping and screening, Chapter 18.100 0 Signs, Chapter 18.114 f - - E. Nonconforming Situations, Chapter 18.132 F. Sensitive Lands, Chapter 18.84 9 III — 106 TIGARD WATER DISTRICT .8841 S. W. COMMERCIAL ST. TIGARD.OREGON 97223-6290 PHONE (503) 639-1554 4 - June 13, 1984 William Monahan Director of Planning and Development City of Tigard P. `0. Box 23397 Tigard, Oregon 97223 Re Request for designation of use for Air-King property_ Dear Bili: On July 2, 1984 the water district will finalize the pur- chase of the 'so-called 'Air King property located at S. W. Hall t. _ and Burnham Street (Tax Lot 2000 and 2100, Map 2S 1 2AD) . During the negotiating process I inquired at your office as to the zoning of the property and whether the water district' s use as a future office/shop complex would qualify to be con- structed in the Central Business District (CBD) . It was my understanding that the district's proposed use would be per- mitted outright or that a conditional use permit granted with- out difficulty. At the regular Board of Commissioners' meeting last night it was resolved that such approval or interpretation of the designation (such as "Public Agency Administrative Services") be acquired at this time, in writing, to preclude any misunder- standing in the future. Therefore, such approval or designation is requested. Enclosed is a map showing the proposed development, probably not before 1990. We will need outside storage for pipe and fit- tings, along with parking for trucks and equipment. However, it is believed that these items can be camouflaged behind a fence, near the railroad tracks. I can assure you the area will not look as bad as it does now. To get a better idea of the type of facil- ity (shop) required, you may desire to look at our shop located at S. W. 103rd and Canterbury Lane. That facility will be abandoned. (except the reservoirs) . Please advise. ( Si0 ly youW? Robert E. Santee Administrator ovc rsl Yd T) ,pp,ILps ap, Ifr ri+ rp, apr Ip ,pr apr tpl tpI rll tit r r 1 a a 1 3' 9111111111111111 , 1111.111 1 � � � i � 13(�i lip) I �� . _ 1��I Iilfr6� �+jtp, tllglpa ap, rlr apr rpr ,pr , ,p, rpa ,te II NOTE: IF THIS MICROFILMED .�..... - ..'.Z 3 4 "- _ S fi- - 7 8 O II p2 •. 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Nllflllllllll{IIIIIIIII{IIIIIINI{1011tt1t1111 j ............................................................. 1ViA C I - _ _ 7 1990 , wl EMERSON CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9, 19t AGENDA ITEM #: DATE SUBMITTED July 5, 7 PREVIOUS ACTION: Discussion at June 11, ISSUE/AGENDA TITLE: Cecil Boone 1984, City Council Meeting Park Subdivision application REQUESTED BY: Ryan O`Brien `on behalf refund of Dave Hall ' DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY On June 11, 1984, under ConsentAgenda, the City Council considered a ;request for a refund of , $330.00 submitted by Ryan O'Brien for a- subdivision application submitted over three years; ago and withdrawn. ; The staff recommendation was for denial, however, the Council requested justification as to why a full or partial refund should not be granted: Staff feels that under the current fees and charges schedule a refund is not justified - see attached memo. This item was included on the consent agenda at the June 25, Council meeting, however, due to the lateness of the hour the Council did not act on this item. ALTERNATIVES CONSIDERED 1. Deny the refund request. 2. Pro rate the refund request. SUGGESTED ACTION Deny the request for reimbursement. 0505F MEMORANDUM z1 CITY OF TIGARD, OREGON is a June 19, 1984 TO: Members of the City Council ,Director of Planning and Development FROM: William A. ;Monahan, ; SUBJECT: Cecil Boone' Park Subdivision Application Refund e : If of Dave the Ryan O'Brien, on behaHall, filed over requestedhas s threeyearefsunago. f The application fee for a subdivision P not completed. From the Director's review of the plan was initiated, however, that the review was completed rap to. the point of drafting records, it appearsapplicants a staff report. No report was written as the Director nformed the of problems in the application. Fees nd be denied. The staff feels that the request for basedrefunupoaldthe average cost sof charges for planning activities advertising, notification, and staff time. Staff time now writing olvesstafreports$ assistance to developers, evaluation of applications, and presenting the report to the Planning Commission. As a result of this, it is not possible to separate out n the averagecos�$cost in associated t rms t ofanstaff lvtdimel project. All fees repre materials, and expense. There is no rovision in the code which allows or the assessment of additions we should refrandlfor�thosehthat require vleser s staff therefore I do not believe rim as allocated. In the particular case of this no lnger application, it is h the impossible to estimate the timespent spent by an over employee yee whothreeo years s byltstaff City and any additionalspent answering questions on this issue. application should be compared to If the Council feels that the cost of each assessments re the established future agenda e so that ritemdsand shouldabelsetnfor discussion. are made where appropriate, a 0486P x CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: June 25,` 1984 AGENDA ITEM #: DATE SUBMITTED: June 18, 1984 PREVIOUS ACTION Discussion at x ISSUE/AGENDA TITLE: Cecil Boone June 11, 1984, City Council Meeting Park Subdivision Application REQUESTED BY: Ryan O'Brien on behalf Refund of Dave Hall DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY On June 11, 1984, under Consent Agenda, the City Council considered a request for a refund of $330.00 requested by Ryan O'Brien for a subdivision application submitted over three years ago and withdrawn. The staff recommendation was for denial, however, the Council requested justification as to why a full or Partial refund should not be granted. t Staff feels that under the current fees and charges schedule a refund is not justified - see attached. memo. ALTERNATIVES CONSIDERED 1. Deny the refund request 2. Pro rate the refund request. SUGGESTED ACTION Deny the request for reimbursement. 0486P BMW MEMORANDUM CITY OF TIGARD, OREGON TO: Members of the City Council June 19, 1984 FROM: William A. Monahan, Director of Planning and Developmento7,� SUBJECT: Cecil Boone Park Subdivision Application Refund Ryan O'Brien, on behalf of Dave Hall, has requested a refund of the application fee for,' a subdivision plan filed over three ;years ago. The Director's review oftheplan was initiated, however, not completed. From the records, it appears that the review was completed up to the ,point of drafting- a staff report. No report was written as the Director informed the applicants of 'problems in the application. The staff feels that the request for a refund should be denied. Fees and charges for planning activities are based upon the average cost of advertising, notification, and staff time. Staff time now involves providing assistance to developers, evaluation of applications, writing staff reports, and presenting the report to the Planning Commission. As a result of this, it is not possible to separate out the costs associated with an individual project. All fees represent an average cost in terms of staff time, materials, and expense. There is no provision in the code which allows for the assessment of additional fees to an application_which runs over the fee, therefore Ido not believe we should refund for those that require less staff time as allocated. In the particular case of this application, it is impossible to estimate the time spent by an employee who no longer is with the City and any additional time spent over the past three years by staff answering questions on this issue. If the Council feels that the cost of each application should be compared to the established average fee so that refunds and additional assessments are made where appropriate, a future agenda item should be set for discussion. 0486P BLASTING IN CITY ° It shall be unlawful without first having received :a permit from the City Engineer, to explode, or cause to be exploded, any explosive. "Explosive" means a chemical compound, mixture or device that is commonly used or intended for the purpose of; producing a_chemical reaction resulting in a substantially instantaneous 'release of 'gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin,, blasting caps and nitro-jelly, but excluding fireworks as defined by; ORS 480.110 (1) 1984 Oregon Laws; black powder, smokeless powder, small arms ammunition and small arms ammunition primers. INSURANCE REQUIRED (for blasting) The City Engineer, before issuing apermit for blasting, shall require the person to whom the 'permit is to be issued, to specify the 'location where the blasting is to be done, and shall further .require -insurancefor such amounts as he may deem necessary to protect the city, and any person or property in said city from all damage or loss that might result from such blasting, and to protect`the city, its officers, agents and employees from all claims for such damage , or loss. The ' applicant shall .alsoprovide the: Engineer with a certificate of, possession' as required; by ORS 480.210 (2). Evidence of such insurance, in form satisfactory to the City Attorney, shall be filed with the City ;Engineer. The evidence shall include a letter, or other evidence, from the applicant's insurance carrier stating that: 1. The policy shall remain in continuous effect for the time period for which {. _ this permit is issued. The letter shall identify the dates for which the _ carrier has insured the applicant for purposes of this permit. 2. The applicant is covered by insurance by the insurance carrier in the following amounts: a. $ ($50,000) to any claimant for any number of claims for damage to or destruction of property, including consequential damages, arising out of a single accident or occurrence; b. $ ($100,000) to any claimant for all other claims arising out of a single accident or occurrence; and C. $ ($300,000) for any number of claims arising out of a single accident or occurrence. 3. The policy will cover all claims to the above limits which result from the use of any explosives. The City Engineer shall also have power and authority to limit the force of explosions to be made. If he deems it in the interest of the city or a proper protection of life and property, he may refuse to issue such permit. (AB:pm/1702A) fY 11 1 i or Erg i CITY OF,TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9, 1984 AGENDA ITEM #: DATE SUBMITTED: July 5, -1984 - PREVIOUS ACTION: none ISSUE/AGEI-MA TITLE: LID :CODE REVISION REQUESTED BY: J. Widnes DEPARTMENT HEAD OK: JLW CITY ADMINISTRATOR: ' INFORMATION SUMMARY The Tigard Municipal Code has a separate title on local improvement districts and the methods of assessment. The code currently, is unclear as ;to the appropriateness of pre-assessing the projects. The City has done pre-assessments in the past and with the possibility of not being able to sell Bancroft Bonds after November, there will continue to be pre-assessments. Two pre-assessments are before you tonight. x In order to eliminate any doubt as to your authority to pre-assess, the attached ordinance clarifies the TMC. ALTERNATIVES CONSIDERED 1. Do nothing. 2. Clarify the code. SUGGESTED ACTION It is my recommendation that Council amend the code to clarify Council policy in regard to pre-assessing local improvement districts. (0453F) 4. CITY OF TIGARD, OREGON COUNCIL,AGENDA ITEM SUMMARY AGENDA ITEM #: AGENDA OF: July 9, 1984 DATE SUBMITTED: July 5, 1984 PREVIOUS ACTION: ISSUE/AGENDA TITLE: S:W. 68th Sanitary: REQUESTED BY: Sewer Public CITY ADMINISTRATOR: DEPARTMENT HEAD OK: �'L -- - INFORMATION SUMMARY This local improvement district has passed the formation stage and is, under construction (75% complete) . New estimates have been prepared based upon a construction contract and extra anticipated rock excavation costs. - The purpose of this hearing is to pre-assess the properties and levy the assessments. ALTERNATIVES CONSIDERED None .=a==.sa== {/ SUGGESTED ACTION F Approve assessments as proposed, levy the assessments and authorize sale of lands. C � July 5 1984 JUL ,i _ X98 Dear City of Tigard! Regarding the sewer assessment pertaining to S19 68th Sanitary Sewer ISD 4,42. on property described aF Tax lot 6100(36DD) and Proposed Assessment as $1,832.00. We hereby do strongly object to the assessment placed on our property for the following reasons: (1) 'There is no lateral line directly to our property. (2) 'Whole sewer line Is graded toohighto serve our entire property but mostly 'to serve our exsisting residence. (3) To be assessed for a sewer line for the bennefit of one mans commerical. interest. (4) To supply a sewer line to a new office building which was built prior to sewer line and which we believe violates the Oregon State Sanitary Code. There will be no benefits tows with this sewer line. Sinc,qrely, Robert S. & Harriet L. Hogg 6860 S.W. Clinton St. Tigard, Or. 97223 a i r �V� s k a. g; Vi=n 721 . . w _.. _ «..< y..�<.-...__ a, "_ �:.... .-.r-.r� _W ...-�.�-.a x i` .t-r ---."'x` r �," 4 F.3 "r `E ,'a..'w t' �•rt;. ..,. ..,.,..._-... w^-„i'`a.*�.a�s::_u:.,.-;....:^��e.�.a�;...w,*��+_ '� �.z�'�- �.,sa.f_.m..s..�.�•._.:v+-c�-,....�' ..ic.}`.� T,,,r.s,_-�”e--k�s �as�;2�5Fr�•a. �.,,ah'.�.�5�-.�"�:ia.�"-ra.:4,.,��;-.!. fty: CITY COUNCIL July 9, 1984 PreAssessment Hearing - 68th. Parkway Sewer L.I. D. X42 My name is Geraldine Ball and I am representing DJB, Inca and myself, G. L. Ball, at-this'-PreAssessment Ordinance hearing'on 66th Parkway Sewer L.I. D. #42. We are not opposed to the Assessments as proposed in the City of Tigard letters of June 299 1964 providing ,all the property is properly served and wecan get 4 answers to the 'questions we raised in our reply to. the City on July 5, 19649 which letters were hand-delivered to City Hall on that date. Our main concern is regarding the following Tax Lots, which Fred Anderson,' DJB, "Inc. attorney, wrote to the City about on May 31, 1984• The City of Tigard reply said we had determined inwiting`in April, 1984 the locations. It-is true we did have our plumber recommendand we specified the locations of laterals on Southwest 68th. However, :the map furnished to us by the City to mark the laterals on did not include any of our property which is not located on,Southwest 68th. The property we are cancernedabout and would like to know how it is to receive service is not located on Southwest 68th. The Tax Lots are as follows ' Tax Lot 100, Map 2 S 1 1 p�� Your Your Identification No. 1-A) Assessed 6,162.00 Tax Lot 5100, Map 1 S 1 36 DD 'Identification No. 1-J " ' 1,623.00 Tax Lot'4800, Map 1' S 1 36 DD ,(Your Identification No. 1-F) t° 1,263.00 ° Tax Lot 4900, Map 1 S '1 '36 DD (Your Identification No. 1-Hi " ' 2 9166.00 Tax Lot;5000, Map 9 S 1 36 DD ,'(Your Identification No. 1-G) 1,353.00 Tax Lot 5800, Map;1 S 1 :,36 DD c;(Your Identification No. 1-K) " 4,059.00 Since DJB, Inc. only has one lateral properly located to serve that property which is Tax Lot 1700, Map 2 S 1 1 AA on S. W. 68th, and the aforementioned prope#-, the total of which is about two acres, we would like to know if the Tax Lot 1700 lateral is ample. There is another lateral on property owned by G. L. Ball which could ' be used providing the blasting which was done this past week in the preparation for installation of the lateral on Tax Lot 5700, trap 1 S 1 36 DD would not make this imposs- ible. The explosives were placed at an angle into this property and since water appeared in the highway area of the Lateral, it makes us question if this property is to get water from the Interchange, especially since the blast was headed in an Easterly direction. Someone has mentioned that you plan to run the main line from S. W. 68th and Elmhurst - via Easement, on our T. L. 1200 - and then north on property line of Ford and DJB, Inca If this is your plan, then the property just mentioned as being a concern to us could ipe north. Another person mentioned continuing be served that way by continuing the p the line which now serves All State so as to serve Wardin, Dyches, Ford and then by continuing north it could serve the property in question. We just feel we should be informed as to how the aforementioned property is to be served with sewers and we would appreciate that information tonight since it is included in lbhe 68th Parkway Sewer L.I.D. #42. We do want to go on, record as opposing the dumping of water from S. W. 68th into our property via the sewer lateral ditches. This has happened on T. L. 1400, Map 2 S 1 1 'AA owned by DJB, Inc. by the slope of the ditch and also on T. L. 6600, Map 1 S 1 36 DD owned by G. L. Ball. On T. L. 6600 there was no water in the ditch until the gravel was removed from the main sewer line on S. W. 68th in preparation for the lateral connection. On July 7 during the partial construction of the ditch on T. L. 17009 Map 2 S 1 1 AA, some of the water which was originally diverted to T. L. 1400 was diverted to the adjoining T. L. 1700. i b Pte ° w he'�-> F�,c - FiLyc �' jp ,7c_ia �� A "'I �-... T1,e I rte, e3 r* QZ 7» filr 1� iN ��y Cid as Gv1?S Nv>,/s� �� c z.�sa�,, � � T ! ,SIc� ,, � A 's f� QJ' had �k�rzL CITY COUNCIL July 9, 1984 PreAssessment Hearing - 68th Parkway Sewer L.I.D. x#42 Page 2 Also on T. L. 6600, Map 1 S 1 36 DD the Oregon Dept. of Transportation has two culverts going into this property owned by G. L. Ball which the City of'Tigard is aware of. Apparently, this was the plan as far back as 1977 when the City map was drawn showing it as a Wetland. At that time the 75 Year old farm house stood'on - the spot and remained there until the Oregon Dept. of Transportation purchased and burned "it down because they needed 10 inches of property on which it was located. One culvert goes very close to the 100 Year old oak,'VaJ'uch I have been trying,to preserve as a Landmark. It makes me very unhappy to think the City allows this to go on. The Oregon Dept. of Transportation should be responsible for properly dis posing of their water instead of dumping it on the residents of the City of Tigard. And the City of Tigard should be responsible to see that no'water,is directed to a taxpayer's property via the installation of the ditch for the Sanitary Sewer, although the sewer itself is not the cause but the slope of the ditch and the use of clay;and directional blasting in some cases. We wanted the Council to be informed in this regard. We ask that this and the DJB, Inc. letter of July 5, 1984 to the City of Tigard as well as the G. I. Ball letter of July 5, 1984 to the City of Tigard be made part of this, Public Hearing and the City of Tigard record. Thank you. �u is r S / / AN / .i o w »e C� IT _ rc sZJD Leas , � t r t' {C; e dL D jth c:To IL c; -- --- - - - ------- --- /� �°` _' r- j� -�` t ' �� ' ® �1�J t" � r_. r � _._ _. i" i___ i �..- d �. y _ ? CITY OF TIGARD, OREGON s 4 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9, 1984 AGENDA ITEM 4: / DATE SUBMITTED: July 5, 1984 PREVIOUS ACTION: ISSUE/AGENDA TITLE: L.I.D. # y; REQUESTED BY: Frank C„rr; - 68th Parkway (Atlanta to Pacific Hwy) RE Q Preassessment hearing) . Public Works Director DEPARTMENT STEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY This Local Improvement District has proceeded through the formation stage.. Final design was conditioned upon acquisition of all rights- of-way. Sufficient design was to be undertaken to determine exact rights- of-way adequate for transfer of property. Now assessments have been estimated and mailedwith notice of the hearing. Charges reflect assessed ( values, acquisition costs and design changes. Purpose of the hearing is to preassess properties and levy assessments. ALTERNATIVES CONSIDERED 1. Approve assessments as prepared or changed at this hearing and levy the assessments. 2. Continue hearing and ask property owners to return with their own negotiated agreement for cost by July 23, 1984. SUGGESTED ACTION Approve assessments as proposed, levy the assessments and authorize sale of .lands. E 0 W O rE04 3 E- u)n C r64+ cQ x -- W.: O O N O H ro H N x Q) w w ItCQ x y% m O0 `n 3 U) Io d° dP i15 CWnO M w V �... n :� M �.: CF) VT N W H W M - m �r rn N roa H Z M � VM' oD rn - E Q � a +� 10 .r{ !J O ) y EL4 > u w ro � a C a w .H o Q) aJ u t - x v w rt 3 n n ao U € W 1- m n .-i Ho C) O L 04 O, N at. O ri zEz cH, aHx w w HW < U S N co o O o n O oW oW U P4 O O CoO C 'O r, k33it S EW ut Ul. H O N �;O O r O, 1-1 N \ t W O :.V+, P+.. E E •-1 < d' d' V` O O u1.:. •N{ Ey C-1 n Co In lfl co m o G `s w y w E E z v ° o z o a 4-3 o h 3 rC w -W N O' v > m N 04 C V a N z v O •� N 3 "O O� aOU Z N L. O 'C C w E, N N W 2 C -• ro 3 E 3 p a N O 3 < FCC U a "� d o ° N w c row x a w ro n o Fc x Lx E w c � � ,z a u, W b m c) o rC m m o as O O M 44 1 C,� 00d�. 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W LaW 0 W Lo a 3 CL 0 E 1� r' f j yrs. kli ii ACCUMULATED TIME EARNED %i ( AS OF JUNE 30, 1984 (Expressed in hours) , DEPARTMENT HEADS VACATION TIME FLOATING HOLIDAY k5 Adams, Robert 201..67 0 Currie, ,Frank 52* 0 Ertell, Irene 62 0 Jean:, Robert 284* 0 Monahan, William 51.67 0 Widner, Jerri 144 0 " 37 VACATION FLOATING , ADMINISTRATION LEAVE HOLIDAY COMP TIME �r Corbet, Donna 53 0 8a Martin, Joy 127 0 77.5 E (' "USED SICK LEAVE" REPORT , l AS OF JUNE 30, 1984 - L (Expressed in hours) APPT. HOURS ACCUM. EARNED USED DEPT. HEADS USED BAL. TO DATE THIS MONTH THIS MONTH BALANCEF' Adams, Robert 12 4. 547 8 0 555 Currie, Frank 2..25 1.3.75 242 8 0 250 Ertell, Irene 7.75 8.25 339.5 8 0 347.5 Jean, Robert 3 13 264 8 0 272 Manahan, William 7.25 8.75 148.25 8 0 156.25 Widner, Jerri 0 16 93 8 8 93 . 4_ ADMINISTRATION : Corbet, Donna 4 12 87.5 8 0 95.5 Martin, Joy 12 4 154.25 8 3 159.25 *Indicates 8 hours vacation have been added for 1 year of no sick time used. If there are questions regarding the above report, please ,call Cindy Cranston at Extension 44. `ACCUMULATED TIME EARNED " AS`OF:JUNE 30 ;1984 �4. (Expressed in hours) VACATION FLOATING FINANCE/FISCAL RECORDS LEAVE HOLIDAY COMP TIME 23.5 0 1.5 Cranston, Cindy 34.5 75. Hartig, Doris 3 0 75.25 p 0 Liebertz, Penny 33 p 40 Martin, Patricia 109. 160.55 0 40.5 Murray, Lowana 0 0 Robertson, Pat 79.25 67 0 4.75. 49 Stevens, Randy 1 0 0 Strickland, Mary 8x Wilson, Loreen 193 0 16.5 "USED SICK LEAVE" REPORT (Expressed in'hours) AS OF 3UNE 30, 1984 APPT. HOURS ACCUM. EARNED USED s FIN/FISCAL RECORDS USED BAL. TO DATE THIS MONTH THIS MONTH BALANCE 16 0 121.25 8 14.75 114.5 Cranston, Cindy 8 p 568 Hartig, Doris 4.75 11.25 560 8 13.75 101.75 Liebertz, Penny 16 0, 107.5 8 8.25 146.75 Martin, Patricia 16 0 147 8 p 182.5 Murray, Lowana 4.5 11.5 173.5 0 187 Robertson, Pat 4.5 11.5 179 8 5 8 2 85.5 Stevens, Randy 16 0 79. 8 43 411.5 Stricklarid, Mary 15.25 •75 446.5 8 4 4 Wilson, Loreen 1 15 0 *Indicates 8 hours vacation have been added for 1 year of no sick time used. If there are questions regarding the above report, please call Cindy Cranston at Extension 44._ _ , i ACCUMULATED TIME EARNED AS OF JUNE 30, 1984 , (Expressed in hours) VACATION FLOATING LEAVE HOLIDAY COMP TIME ENGINEERING 59 0 Beckley, Bill 0 2 Clarno, Randy 93.67 0 g87.75 Hagman, John 0 0 79.25 8.25 Rawlings, `Billie 58 0 Thompson, Robert "USED SICK LEAVE" REPORT AS OE JUNE 30,'1984 (Expressed in hours) APPB RS ACCAT EARNED USED ENGINEERING USED BAL. TO DATE THIS MONTH THIS o MONTH BALANCE 11 5 156 0 195.5 Beckley, Bill 187.'5 8 11.5 4.5 8 g 470 Clarno, Randy 0 16 470 Hagman, John 21.25 8 0 29.25 Rawlings, Billie 16 0 510 8 0 518 Thompson, Robert 8.5 7. 5 *Indicates 8 hours vacation have been added for 1 year of no sick time used. If there are questions regarding the above report, please call Cindy Cranston at Extension 44. _ 3 1 jre ACCUMULATED TIME EARNED e AS OF JUNE 30, 1984 (Expressed in hours) t VACATION FLOATING OPERATIONS/MAINTENANCE LEAVE HOLIDAY COMP TIME 17 0 21.5 Alvstad, Glen 109* 0 19.75 Avery, Wally 24 0 0 Belcher, Trudy 124 0 29 Dickman, Alfred 32 0 0 Duda, George 48 0 0 Eddy, Glenn 32 0 4.5 Hand, Eric26.5 0 0 i Latham, Edward 182* 0 12.25' McNatt, Robert106.33 0 26.5 McNurlin, Jerry 66.67 0 72.25 Rivett, Steve 1,28.33 0` 15.25 Tracy, Ben 146.67 * 0 35 Walker, Melvin 47.17 0 .75- Williams, Russ 69.5. 0 2.75 Zielinski, Walter "USED SICK LEAVE" REPORT AS OF JUNE30, 19$4 (Expressed in hours) APPT. HOURS ACCUM. EARNED USED OPERATIONS/MAINT. USED BAL. TO DATE THIS MONTH THIS MONTH BALANCE .5 52.5 8 19 41.5 15.5 Alvstad, Glen 15 112 8 0 120 Avery, Wally 0 12 8 0 20 Belcher, Trudy 0 16 8 103 Dickman, Alfred 15 1 103 8 16 16 8 0 24 Duda, George 0 8 0 48 Eddy, Glenn 0 16 40 24 16 16 0 8 0 Hand, Eric 0 30.67 8 0 38.67 Latham, Edward 16 8 g 153 McNatt, Robert 16 0 153 116 McNurlin, Jerry 0 16 108 8 0 152.5 8 12 148.5 Rivett, Steve 6.5 9'S 8 0 20 Tracy, Ben 3.5 12.5 12 0 16 128 8 0 136 Walker, Melvin 17_.25 64 8 28 44 Williams, Russ 3.75 8 p 220.5 Zielinski, Walter 0 16 212.5 time used. *Indicates 8 hours vacation have been added for 1 yea lease of no k call Cindy Cranston If there are questions regarding the above report, p at Extension 44. C — - �t ACCUMULATED TIME EARNED tj AS OF JUNE 30,`1984 (Expressed in hours) VACATION FLOATING LIBRARY EMPLOYEES LEAVE HOLIDAY COMP TIME Clingan, 'George Ann 100 0 11.25 Hawes, Karrin 93.`25 0 2.25 Humston,"Holly 19.25 0 0 White, Bobby 197 0 1 "USED SICK LEAVE" REPORT AS OF JUNE 30,=: 1984 : (Expressed in hours) APPT HOURS ACCUM.: EARNED ` °'USED LIBRARY EMPLOYEES USED BAL. TO DATE THIS MONTH THIS MONTH BALANCE Clingan, George Ann 16 0 167 8 1.5 173.5 Hawes, Karrin 0 16 140' 8 8 140 Humston, Holly 4 6 0 5 0 5 White, Bobby 0 16 127.5 8 0 135.5 E *Indicates 8 hours vacation have been added for 1 year of no sick time used. If there are questions regarding the above report, please call Cindy Cranston at Extension 44. t? ACCUMULATED TIME EARNED AS OF -JUNE30,` 1984 (Expressed in hours) ` VACATION FLOATING PLANNING & DEVELOPMENT LEAVE' HOLIDAY COMP TIME Heard, Colleen 66:5 0 .25 Jelderks, Diane 54 0 17.25 Liden, Keith 40 0 14.25 Newton, `Liz 35 "0 8.25 Roast, Brad 92* 0 44 Walden, 'Ed 232.5 0 0 "USED SICK LEAVE" REPORT AS OF 'JUNE 30, 1984` (Expressed in;hours)` APPT. HOURS ACCUM. EARNED' USED PLANNING & DEV. USED BAL. TO DATE THIS MONTH THIS MONTH BALANCE Heard, Colleen 10 6 16 8 3 21 Jelderks, Diane 14.75 1.25 21.25 8 8 21.25 Liden, Keith 0 16 32 8 0 40 Newton, Liz 4.25 11.75 252.75 8 3 260.75 Roast, Brad 16 0 170.5 8 0 178.5 Walden, Ed 2 14 250.5 8 0 258.5 *Indicates 8 hours vacation have been added for 1 year of no sick time used. If there are questions regarding the above report, please call Cindy Cranston at Extension 44. k racwcs.,w:ae�vcs�n xt ..,,m„ m...®a, _....._. ... ._ ,r s ACCUMULATED TIME EARNED AS OF JUNE 30, 1984 (Expressed in hours) . ' LEAVE COMP TIME HOLIDAY TIME VACATION52 ; POLICE DEPARTMENT Booby, Eri thckJ. 70 3.5 t. 28367 38.75 0'F.H. Branstetter, . ,Lonnie 254* 11.75 0 F.H. g Carrick, Alice 72 p 51.5 Crow, Sandra - 46.67 48 56 Cummins, Brian 76 deBrauwere, Richard 140 15 ' 138 52.25 46' DeVeny, Darwin 1 15 23.5 DeVeny, Lori 38 , �t Featherston, John : 108 2 5640 132' .25 _ Goldspink, John 64.5 116 26 Grisham, Joseph 91.33 4.5 36 Guarnero, Carol 156.33* 38.5 68 Harburg, Robert 147.67 20.5 0 F.H. Jennings, Kelley 64 x 90 26.25 . Johnson, Paul 64 9.25 60.25 Killion, Teresa 146 41.5 88 Killion, Thomas 40 Martin, Charles 168 18.25 0 Merrill, Halbert 46 11 11 73.75 Myers, Don 80 Nerski, John 32 7.25 16 r Newnan, John 130 2 28108 Newman, Robert 108 39.5 32 Ober, Steve $0* 21.75 33 25.75 16 Peterson, Rick 123.67 0 8 Rowden, Karen 6. 48 Schober, Eric 10 12. 75 Wheeler, Robert 284* 100 0 *Indicates 8 hours vacation have been added for l year of no sick time used. If,there are questions regarding the above report, please call Cindy Cranston at Extension 44, "USED SICK LEAVE" REPORT AS OF JUNE 30, 1984 (expressed in hours) POLICE DEPARTMENT YEAR TO DATETHIS MONTH TOTAL Boothby, Erick J. 0 0 0 Crow,> Sandra 20 0 20 Cummins, Brian 0 0 0 deBrauwere, Richard 8 0 8 DeVeny, Darwin 4 0 4 DeVeny, Lori 16 0 16 Featherston, John 28.5 0 28.5 Goldspink, John 40 8 48 Grisham, Joseph 11 0 11 Guarnero, Carol 26 0 26 Harburg, Robert 0 0 0 Johnson, Paul 26 40 66 Killion, Teresa 112 - 176 288 Killion, Tom 8 0 8 Martin, Charles 156 176 332 Merrill, Halbert 18 0 18 Myers, Don 8 0 8 Nerski, John 24 0 24 Newman, John 48 4.5 52.5 Newman, Robert 31 0 31 Aber, Steve 8 0 8 Peterson, Rick 0 8 8 Rowden, Karen 0 0 0 Schober, Eric 0 0 0 APPT. HOURS ACCUM. EARNED USED POLICE/MANAGEMENT USED BAL. TO DATE THIS MONTH THIS MONTH BALANCE Branstetter, Lonnie 0 16 560 8 0 568 Carrick, Alice 0 16 568 8 0 576 Jennings, Kelley 4 12 292.5 8 0 300.5 Wheeler, Robert 2 14 568 8 0 576 If there are questions regarding the above report, please call Cindy Cranston at Extension 44. CITY OF TIGARD, OREGON {y COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9, -1984 AGENDA ITEM #: c DATE SUBMITTED:" July 3, 1984 PREVIOUS ACTION: Council Approval ISSUE/AGENDA TITLE: Lamb-Weston By Phone Poll Conducted On 'July 2 & 3 REQUESTED BY: Deputy `Recorder u� Picnic OLCC Application Q DEPARTMENT HEAD OK: CITY ADMINISTRATOR: 44A.A� INFORMATION SUMMARY During the first week in July, I conducted a phone' survey of ;the Council members which could be reached to obtain approval for an OLCC license for the Lamb Weston Company picnic at Cook Park on July 8, 1984. I was able to reach Mayor Cook and Councilors Brian and Scheckla and received approval for the application. This agenda item is merely to ratify that vote in- the Council record. ALTERNATIVES CONSIDERED SUGGESTED ACTION Ratify the approval of the OLCC liquor license application for the Lamb W_aton Company picnic on 7-8-84. Date Issued OREGON LIQUOR CONTROL COMMISSION { SPECIAL DISPENSER LICENSE APPLICATION k OREGON LIQUOR CONTROL 'COMISSION P.O. BOX 22297, PORTLAND, OREGON 97222 Application is hereby made for a Special Dispenser License ;. $25.00 per day (Applicant holder of Dispenser Class A X Class B or Class C License. ) (Check one of the above) Hours of sale are from 7:00'AM to 2:30 AM. License may not exceed 5 days. Enclosed is a check or money order in the amount of $ 5.00 as full payment. Fee will be refunded if license is denied, otherwise it will not be refunded." 1. Applicant: HO ER;T MAGER SPECTAT.TV P-P.-,rVAJT1P?A'hTrM I gMr, 2. Trade Name: dba The Rheinlander Telephone No. 249-0507 3. Mailing Address: P.O. Box 13068 Portland, Oregon 97213 (Number) (Street) (City) (Zip) 4 Fvect: Catered Company Picnic (Lamb-Weston 5. r--rson(s) responsible: Horst Mager 249-0507 (Name) (Business tele hone) Address: 5035 N.E. Sandy,Blvd. , Portland, Oregon 97213 636-47 2 (Number) (Street) (City) (Zip) (Home telephone) Exact location of premises for which license is applied: COOK PARK . West end of 92nd. Street Tigard, 97223 Washin to Number Street City (Zip) (County) 7. Above location is: X Within City limits Outside City limits (Check one) 8. Date or dates of event: July 8 1984 9, Hours of operation: 4:00 8:30 PM Expected attendance: 120 10. Who will receive the profits from this license: Forst Mager Specialty R -s -a urants 11. I/we understand that a false answer to any of the foregoing questions will subject this application to denial. I/we certify that all information submitted is complete and correct to the best of my/our knowledge. 12. Licensees holding a Dispenser Class A, B or C License understand t.iat said license is subject to suspension or revocation if cause under ORS 472.180 h 11 arise intion with the special license applied for. Signature: Signature: Kbms.Mgiker Director of Operations Date: COMPLETED AND ENDORSED APPLICATIONS MUST BE RECEIVED BY OLCC 10 DAYS PRIOR TO DATE OF EVENT THAT APPLICATION COVERS. Form 84545-469 (Rev. 10-79) 4 THIS APPLICATION MUST BE ENDORSED BY THE APNRO'PTATE PERSONS AS INDICATED BELOW BEFORE RETURNING TO THE OREGON LIQUOR CONTROL COMMISSION. ,3. THIS SECTION MUST BE COMPLETED BY THE PERSON HAVING CUSTODY OF THE PROPERTY WHERE THE EVENT :IS TO BE HELD OR HIS REPRESENTATIVE. This application has been submitted to and_meets with our approval. (Authori ecd si nature) (Date) C14. THIS SECTION MUST BE COMPLETED BY THE CHIEF OF POLICE FOR INCORPORATED CITIES OR THE COUNTY SHERIFF FOR UNINCORPORATED AREAS OR THEIR AU/THORIZEED, REPRESENTATIVES. This application has been submitted to This office recommends GRANT o. REFUSE If recommendation is REFUSE, please indicate grounds for refusal (Author rU si ure) (D e) OFFICE USE ONLY SU35MARY OF EVENT: DESCRIBE ACTIVITY'? PAST OPERATION, HOW POLICED: s Date received I certify that the above information has been reviewed by me. (Name and title) (Date) _ Certificate of Authority to operate issued. (Copy enclosed) Forwarded recommending staff action. Supplemental report enclosed. RESTRICTIONS: 1 r fs,, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9, -1984 AGENDA ITEM #: a t, DATE SUBMITTED: June 28, 1984 PREVIOUS ACTION: a ISSUE/AGENDA TITLE: O.L.C.C. �x License Applications REQUESTED BY: .Applicants Applications DEPARTMENT HEAD OK: d' s CITY ADMINISTRATOR: � INFORMATION SUMMARY ' Tigard LONE OAK RESTAURANT, 11920 S.W. Pacific Highway, Ti g ; Class'A Dispenser. IApplication change requested to-add a,partner; i.ie. Fung,Ho of 11624 S.W. Lomita,- #3, Tigard, Oregon. Present owner under the existing license is Clarence J. Hess. , #2. New License Application, RMB Package Store Outlet Tigard PLAID PANTRIES INC. 11705 S.W. Pacific Highway, g Business Address: 2540 N.E. Riverside Way, Portland, Oregon This is a new store located on the corner of Pacific Highway and S.W. 78th Street. _---- ALTERNATIVES CONSIDERED SUGGESTED ACTION Recommend approval of both the above applications, and forwarding to O.L.C.C. ,t i MEMORANDUM June 18, 1985 ? E T0: Chief Adams, Police Department FROM: Penny Liebertz, Finance Department REFERENCE: OLCC Liquor License Application s. Please review and have recommendation to us by Tuesday, July 3rd so we may } include it in the packet for the July 9th Council Meeting. Thanks. a LONE OAK RESTAURANT (Add Partner) 11920 SW PACIFIC HIGHWAY TIGARD, OR 97223 t s: i E (PL/1698A) MEMORANDUM June 19, '1984 TO: Chief Adams, Police Department FROM: Penny Liebertz,, Finance Departmen SUBJECT: OLCC Liquor License Application Please review and have recommendation to us by Tuesday, July 3rd so we may, include it in the packet for the July .9th Council Meeting. Thanks Plaid Pantry Markets PS 11705 SW Pacific Highway Tigard OR 97223 t E c i 6` ON . '��.sz-�xr.-V:3''� ` •�`,5`� Q hoY>�- �B�S�`1=' STATE OF OREGON Return To: APPLICATION OREGON LIQUOR CONTROL COIMIVIISSIOPI GENERAL. INFORMATION r' .,,is application form costs$5.00.Anon-refundable processing fee is assessed when you submit this completed form:o the Commission - (except for Druggist and Health Care Facility Licenses).The filing of this application does not commit the Commission to the granting of the license for which you are applying nor does itpermit you to operate the business named below. No. 09348 (THIS SPACE IS FOR OLCC r OFFICE USE) (THIS SPACE IS FOR CITY OR COUNTY USE): .Application is being made for: NOTICE TOCITIES AND COUNTIES:Donot consider this applica ❑ DISPENSER,CLASS A ❑Add Partner tion unless it has been stamped and signed at the left by an OLCC ❑ DISPENSER,CLASS B ❑Additional Privilege representative. ❑ DISPENSER,CLASS C ❑.Change Location THE CITY COUNCIL, COUNTY COMMISSION,OR COUNTY PACKAGE STORE ❑ Change Ownership CITY CF.TIOARO ❑ RESTAURANT :. ❑ Change of Privilege COURTOF C3 RETAIL MALT BEVERAGE ❑.Greater Privilege (Name o of city or county) ' ❑ SEASONAL DISPENSER ❑ esser Privilege RECOMMENDS THAT THIS LICENSE BE: GRANTED ❑WHOLESALE MALT pt(OIQ00EIVED ` BEVERAGE&WINEOREOON L O tk"WROL COMMISSION DENIED ❑ WINERY :.DATE s ..OTHER• JUgnO N 19 4 BY (signature) TITLE EN CAUTION:If your operation of this business depends on your receiving a liquor license.OLCC cautions you not to purchase,remodel,or start construction until yourlicense is granted. " 1.Name of�Corporation. .PPartnership,or Individual Applicants: t) ,�C�?J7 70i2aS l nlc 2) 3) „ 4) 5) EACH PERSON ED ABOVE_MUST FILE AN INOIV DUAL HISTORY AND A FINANCIAL STATEMENT) . 2. Present Trade Name �� '�' 'r�YAI�� 3.New Trade NameYearfiled with rporavon commissionor 4. Premises address (county) (state) (nv) (Number,Street Rural Route) city) 5. Business m long address V_ 'r (P.O.BC%,Number, frost Rural Route) (Ciry) (State) 6.Was premises previously licensed by OLCC? Yes_ No� Year 7. If yes,to whom: ,e// Type of licceense: 6.Will you have a manager: Yes ✓ No_ Name rn° � �•fir T4Js (Manager must fill out individual History) 9. Will anyone else not signintg application share in the ownership or receive a percentage of profits or bonus from the business? Yes- No t). What is the local governing body where your premises is located? ``aQ oun ��..__ dame of City or Cty) 11.OLCC representativemeng investigat og may contact: EiEle� e.J"1f1✓\\))� (Name} ,Z 8 (Address) flet.No.—home.business.message) CAUTION:The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to Influence the Commission on your behalf. .--' DATE Applicant(s)Signature 1) R fill) (In rase of corporation,duly authorized officer thereof) 2) 3) 4) 5) Form 1345AS-4. ("2) �. 1. . 121 - �3 a STATE OF OREGON Return To: APPLICATION OREGON LIQUOR CONTROL COMMISSION Q/E7,71 ( GENERAL INFORMATION This application form costs 55.00:A non-refundable processing fee is assessed when you submit this completed form to the Comml_sion (except for.Druggist and Health.Care Facility:Licenses).The filing.of this application does not commit the Commission to the granting of the license for which you are applying nor does it,permit you to operate the business named below. No. 09704 (THIS SPACE IS FOR OLCC OFFICE USE). '(THIS SPACE IS FOR CITY OR COUNTY USE) ',. Application is being made for: NOTICE TO CITIES ANDOOUNTIES:Do not consider this applica- DISPENSER.CLASS A -19,Add Partner tion unless it has been stamped and signed at the left by an OLCC DISPENSER,CLASS B ❑ Additional Privilege representative. (. .DISPENSER.CLASS C ❑ Change Location THE CITY COUNCIL, COUNTY COMMISSION,OR COUNTY rt ;'❑ PACKAGE STORE `❑ Change Ownership < RESTAURANT '❑ Change of Privilege COURTOF is _ ❑ RETAIL MALT BEVERAGE ❑ Greater Privilege (Name of City or county) '.❑ SEASONAL DISPENSER (((❑]]] Lesser Privilege RECOMMENDS THAT THIS LICENSL BE: GRANTED ❑ WHOLESALE MALT APPLICO ��IV�t t. BEVERAGE& 8 El WINERY yS�tGOMIN L14U0 COMMISSION DENIED DATE OTHER: JUN 12 M4 BY (Signature) ® TITLE p CAUTION: If your operation of is business depends on your receiving a liquor license.OLCC cautions you not to purchase,remodel,or . start construction until your license is granted. /' (PAL-V-SIA U o.13. dl-a7-so 1. Name of Corporation.Partnership,or Individual Applicants: 5.,5,4.".0 95 7 -96 -.794 r 'J' RE s r 2) Lc- ,V t'YG+ 3) 4) Y 5) 6) $ __LEACH_PERSON LISTED ABOVE MUST FILE AN INDIVIDUAL HISTORY AND A FINANCIAL STATEMENn ; 2. Present Trade Name e rV A W 7A U 2 A N7 3. Now Trade Name /(/IF s c7 b6 u -Year filed ;�'r'Q�p� with Corporation Commissioner.y 4. Premises address �19�0 a� PAc;AA G �y l>>A,s/, &R,E X3'7--a3 . (Number,Street,Rural Route) (City) r (County) (State) (zip) 5. Business mail ingadd ress _1,4/✓J6a_l' above- # r (P.O.Box,Number,Street,Rural Route) (City) (State) (zip) 6.Was premises previously licensed by OLCC? Yes-X_ No_ Year �'� f r 7. If yes,to whom: Type of license: 6. Will you have a manager: Yes %�(!A G No_ Name__F (Manager must till out Individual History) t 4 9. Will anyone else not signing this application share in the ownership or receive a percentage of profits or bonus from the y. business? Yes— 10. What is the local governing body where your premises is located? ��X'1a } �(Name of City or County) 11. OLCC representative making investigation may contact: (��A1Z e h C� Y 5 S (Name) ` �N 1 C2 e. s lv pae;F (Address) (Vol.No.—home,business,message) i .CAUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to . influence the Commission on your behalf. ) DATE Applicant(s)Signature (in.case of corporation,duly, authorized officer thereof) 2) /�� J11� L �t 4) a Local G.—rem-2 6)_ Form 94545-48() ("2) I a , 4 EA B _ CITY OF TIGARD, OREGON u COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 9,__1984 AGENDA ITEM #: DATE SUBMITTED: July 2, 1984 PREVIOUS ACTION: Council Discussion ISSUE/AGENDA TITLE: Surplus on 5/11/84 Property - Pinebrook' Lot & Old REQUESTED BY: Purchasing Agent City Hall DEPARTMENT HEAD OFC: CITY ADMINISTRATOR: INFORMATION SUMMARY a, . s Upon receiving no bids under cash terms at appraised price and upon advise of the City Attorney, Councildirected staff to prepare an amended notice of, sale. Councilor Tom Brian 'assisted staff in,preparing,the attached ads. Four` consecutive ads would be placed in the Sunday Oregonian. Notices would also be mailed to area"commercial/residential;builders, developers and realtors. t t t ALTERNATIVES CONSIDERED ' I f i sasssane====�=annnscn=n=asaa=nas=nssnns=se===s=nax=nn=corn=ann==a:=nna=a=aacma � SUGGESTED ACTION Approve attached ads with all offers to be brought to Council. Notice per E above. lw/1747A SURPLUS PROPERTY _ CITY OF TYGARD X786 S.F. Building on 5,628 S.F. parcel. 12420 SW Main St., Tigard. Zoned Central Business District. Historic tax credits may apply. Recent -MAY , $130,000. Cash preferred, but terms negotiable. Direct inquiries to City Purchasing Agent. Offers must be submitted in whiting to 'same at city of Tigard, 12755 SW Ash, Tigard, Oregon 97223, Phone 639-4171, ext. 34. Also see ad in Section 132 m Ad for Section #108 - Oregonian Oregonian Ad for Sunday Only �tt e f F L ' SURPLUS PROPERTY CITY, OF TIGARD ONE HALF ACRE, 8605 SW Pinebrook St., Tigard. All utilities in zoned low density residential, 2-3 units possible - 'nice established neighborhood. MAI $25,000. Cashpreferred but 'terms negotiable. Direct inquiries to City Purchasing Agent. Offers muss be submitted in writing to same at'City -of Tigard, 12755 SW Ash, Tigard, Oregon 97223, Phone 639-4171, ext. 34. Ad for Section #132 '- Oregonian Oregonian Ad for Sunday Only r MEMO 5 MEMORANDUM CITY OF TIGARD, OREGON TO Honorable Mayor and City Counci July 2, 1984 FROM: Bob Jean, CityAdministrator SUBJECT:: Council Retreat, July 12 &- 13, 1 4 After discussion with Council, < Mayos Cook has 'reset the .suggested Council Retreat one week earlier. Thursday evening, July: 12, 1984 will be a training session from '5:30 to 10:30 with dinner from 6 - 7 at the Greenwood Inn. Friday, July 13, 1984, will be the goal setting and groundrules session at the Tigard School District board room from 8:30 AM - 4:30 PM. BJ:lw/0517p f t July 5, 1984 CITY OF TIGARD,;OREGON LEGAL NOTICE The Tigard City Council will hold a work session on Thursday, July 12, and Friday, July 13, 1984. The July 12 meeting is a Training Session to be held at the Greenwood Inn, 10700 S. W. Allen Blvd., Beaverton, Oregon, from 5:30 -P.M. to 11:00 P.M. The Training Session will be conducted by the League of Oregon Cities. The July 13 meeting is a goal-setting- workshop to be held at the Tigard School District Board Room, 13137 S.W. Pacific Highway, Tigard, Oregon from 8:30 A.M. to 4:30 P.M. (BJ/dc:0520p) - - F INAMIU1,111I111 INIIII Mm Y League of Oregon Cities urt Street N.E.,P.O.Box 928,'Salem 97308,Telephone:(503)586-6466 SALEM:Local Government Center, 1207 Co EUGENE. Hendricks Hall,University of Oregon,P.O.Box 3177,Eugene 97403, Telephone:(503)686-5232 MR. ROBERT W. JEAN CITY ADMINISTRATOR CITY OF TIGARD P.O. Box 23397 _TIGARD. OR': 97223 DEAR BOB: ' AM ENCLOSING THE "PREPARATION PACKETS" FOR THE COUNCIL _ ,. TO COMPLETE PRIOR, TO THE SESSION SCHEDULED NOW FOR THE EVENING OF THE 12TH AND ALL DAY ON THE 13TH. ( AM ALSO ENCLOSING ONE FOR YOU TO COMPLETE IF YOU WOULD LIKE. IF YOU DO COMPLETE THE PACKET, PLEASE PUT YOUR NAME AT THE TOP SINCE I WANT TO BE ABLE TO SEPARATE IT FROM THOSE OF THE COUNCIL IF THE NEED ARISES. INSTRUCTIONS FOR THE PACKET ARE QUITE SIMPLE: I WANT EACH COUNCILOR TO READ THE ENTIRE PACKET AND PROVIDE WRITTEN RESPONSES TO PAGES S, 7 AND 9 ONLY. I WOULD ALSO LIKE THEM TO SPECIFICALLY NOT IDENTIFY THEMSELVES BY NAME ON THEIR PACKETS. SINCE WE ARE GOING TO GET TOGETHER PRIOR TO THE SESSION — MOST LIKELY EARLY IN THE WEEK PRIOR TO THE SESSION, THE BEST BET WOULD BE FOR YOU TO ASK THAT THE PACKETS BE RE— TURNED TO YOU PRIOR TO THAT MEETING SO THAT I MAY TAKE THEM WITH ME WHEN I LEAVE, THIS WILL GIVE ME THE TIME NEED TO PREPARE THE INFORMATION FOR THE SESSION. ) ALL BE CALLING SOMETIME THIS WEEK TO SET UP THE APPOINT— MENT. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ME, EITHER AT LOC IN SALEM OR AT MY HOME — 686-1412, S RELY, I MMEL CONSULTANT OFFICERS:Ruth Burleigh,commissioner,Send,presidente Mayor DIRECTORS:Mayor George Flitcraft,Klamath Falls a Lynn Hamilton,city manager.La Grande a Mayor Gerald"Lou"Hannum,Medford, : sidente Mary Schamehom,councilor,Bandon*Mildred Schwab,commissioner,Portland®John Shirley:councilor, Alan Berg,Corvallis,vice presidents Mayor Etvern Hall,Newberg, immed'ate pastpre treasurer 6 Stephen Bauer,executive director. Salem 0 Kent Taylor,city manager,Lincoln City a Mayor Winston Walker,Canyonville®Mayor Margaret Weil,Gresham. � z -.Y i 3.#n "d s•';`�`'+'"�` �� y'��sx� '646;K:i �: 2Ssrs wstYyL' i-aft�x # $'�1 C�'`z'yPiry,!• �'t �.sp t �` xzl .aiy `�y f -X�•J .�, ;�, 'e t.c;„ J a.x,.xF'# naA ;e: 3'r fix 5x'�. �+ 3J�.,yYd1d{t;. ',`,'a ., j i 'Ssi'�" t ')"`t ` •4""1� x. 3 -` r o R- d'"4 4Ky 1^`•5 .i )4 3,x-� i 4� �•�'��r.�� '.."�'sWs �. �y '�`i4�`: "'�.a p",y''' N` 1 '"�' .��•�b�,. ":, � �' J x-3-4 1 $r}^,a- : z a t k i yJ a K s'�? y at M w+� ia'-g a 4 ,tr r, -: .y - t . .r :... s•5.� e =t 3-{ _'`-,r r .. 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' WEIMow— 1- .ry a y, v '1 -W 'a� 'r y. `-X� {iFz�i.? �•'. -<y? n z y� ¢ ". .f `s ti ~.s�� '.�v.y��F , ,}� , J • v&.fix ti1s,3(33SE'K�id 41 ��•"�,.em'C�'M a` `+�.p "k�.'r,� �r�t��scvv ..3" "�'J 3Z� .��},S� „«�y�, es'� ��d'.; },�,��+�' i 4 1t9 v" 4 "S '•'4 .� 'k �'�'4auF.� "4'N?.ti'F a a.E "ter_ z - �,y�. t-+S: •' s.'r w..+a '^ r x n 1 v ✓ 3xtf. � .'+��n "�i. s :,��..�'s,4,a�""x tCt-z•a4�"��3a��3��.,�� kC�«.��'.x�s��. u Ka�tt� 1��`�`att'�� }a ri�� 3},cr ,�,�a ��,• a ex�.. .,�:�..- s�;,k'a a �F'a tom, v�'?:}Mt'}L w +- S• �'.a's;r, `Ce.'35t -k� a�,i.4sD•tr �x - � S �?-xi'4�:,� � .f". '� ��,as � ,�,y n M NNE £M - Notes to Readers INTRODUCTION This packet has been developed to help you prepare for the upcoming goal-setting session your council has scheduled. In the firm belief that the more time,youspend "ahead of time, the less you will spend at the time," this packet encourages you to complete several quick exercises in the way of "homework Much of the material in the packet is to stimulate your best thinking about the condition of the city and its future. Read through each of the pages and complete the,suggested exercises. Return them to the city manager or designatedcollection point as soon as they are finished and well 'ahead of the-scheduled `session. The facilitator will, use the information to prepare him or herself for the session and to prepare various posters and displays to: be used during the session. WHAT CAN YOU EXPECT IN`A GOAL-SETTING SESSION? The technique and processes used in this goal-setting approach are simple,- straight- forward, and to the point. Provided the homework packets are completed and returned ` to the collection point on time, when ,you enter the goal-'setting session, you will find already posted and ready for processing, the summarized results of the collec- tive homework packets of each of the council members. There are several steps in- volved in the goal-setting process. STEP 1 : DISCUSS LONG-RANGE ISSUES Participants will review and discuss the long-range issues the city will be facing (see page 5) . STEP 2: DISCUSS POSSIBLE GOALS Participation will consist of a review of the posted goals to insure that each participant understands clearly what is meant by the statement. STEP 3: GROUP GOALS BY TOPIC The group begins the process of clustering various goal statements into logical groupings under appropriate headings (e.g. , Economic Development, Downtown Redevelopment , Tourism, etc. ) . This step is the most lengthy portion of the goal-setting process, because as the clustering process is taking place, the individual goals are edited, analyzed, and often rewrittentomeet the needs of the group. STEP 4: PRIORITIZE GOALS During this step, resource points are distributed among the various goals and objectives to represent the collective sense of priority of the council as a whole. Without this step, the goal-setting process is useless to those who are responsible for carrying out the policies of the council . -1- r WHAT CAN YOU EXPECT OF THE FACILITATOR? The facilitator of a`goai setting session has two primary responsibilities. First, the facilitator must keep the discussion on 'track and directed toward the process of setting goals. ' Second, the facilitator must keep the communication process open, accurate,' and positive. To do so, he or she may,ask you to clarify,certain state- ments, or show how your comments are related to the goals and activities at hand. The most frequent question you will hear asked by the facilitator during ,the session' will most likely be, "How will you know when, you have accomplished that goal?"or, "What will it look like when you have accomplished the objective?" By doing this, the facilitator assures that the;goals'`you end up with are goals that are practical and can actually be attained. Remember, the facilitator is not an expert on your city. You must supply the relevant information. The facilitator is an expert on helping councils pull the various views and needs of the individual members into a workable set of goals that represent the direction for the city for the next year(s) . HOW CAN YOU HELP ,MAKE THE GOAL-SETTING SESSION MOST EFFECTIVE? There are several things you can do to;help make the session a productive one. First, complete the homework packet and turn it in well ahead of time. Second, come to the session prepared to listen, discuss, and make commitments and decisions for the city. And third, come to the session with the understanding that probably not all of your goals will be the same or of the same priority as those of others on, the council , and that to be effective, the final goals must represent the needs of the city and of the whole council . Therefore, be prepared to negotiate, compromise, and work for solutions and goals that are the best for all parties involved. Finally, be prepared for some hard work, some fun, and, when it is all over, the satisfaction of knowing you've done something productive and really important for your city. -2- { a+ � 1 r , a syRp+y k k t r a.� C s i lr tt r• � } ./ r h'.` y} j'�.3.+x.. "� a, ny`„5,�i'�'-` '`'"5„"3�, > .fi ., s "ir >7 tt`ti<s f a rS. rft z of d ih'ts j SF y atm�§ihk �x �f 3s > e t t �-i i t> t t�... 'ti� i - '✓ J S-r �. '- '. tv�� a. s 3 - Mc x �tt ieX�r cY ' -f. T aR °F k S a x [ ''• t � '�._ ,�-fis-'� }'k��` "',*'�. i .z x 2'`,y �`� i3a''S�1t. ;�' o x r+ bt .- - I, ui j1a -tf x41 Pil a' 2 T v t t ys r'vs. 4r {JAZ I12� it tl 4 z 3l�NxzS' - 3tr 4 tt Y R � kR` a Lt t 'v� {^�"{�,,9-,{-si,s 'vn,,r.M, §y$ tF a'n a r , r 1 ..>t :}ti h _t 5 r 2. '" 'z`f� ✓,aq3 °fir sr�a,/^Y M1•�A�4�"*�€y'�`� {,RION2534x4 ;t' p. '�,� t ,� �� ni � Ini;6�*€.-� � i`�'€r�t ru r��.,.i�" �. ,1;3s1 R Ss i- k k "N .•. �t x St y t r'pr � .e.1- w.rt,� � t''h.r•�' +��, �� . t14 t+1t ,+ 'to k ,tet �,/� kC.«>"s- 5 y , t„ t�-d.k.`.'�sb ''�L�'.,n'�� S t ��, rf�f,f_i s�R.N,•,.��s�7.z�b4�.� ,'�`•' .�t'�'r%'�k � 'S,�5,�"i 't� tt L,r '`fir� ? rr v:"r`��rYr• �e'w � ��x� ,r.�".� � rp � _.,�7�, `�zf � r � t4yYyn �2.d��Sr '✓rt�` "H ''` isC` t5 ri �T°5 t y a'i`e Sammi ;yry k {ter r %Vy't s t4bi.r isk`.�f�`;s °t ayk`t.�,vs7 �al,`�t1,7"`F _fit j` ) �' + ++G„ w,• ;.s' 4. ' �'i t o-r f t, yy ysx 9 rt ° 0 k ir0 f r . ! � t ��x l}�t#s�.da��.E 47^•Sg��;��.^rat"s'�1'�'t t'�,r'(; #*.�'3�y �i �� , r�` _ . -�� r �� Looking Back 1. Review the goals you set last year. Using a scale from 1 - 10, assign a rating of how :successful ;you believe ;you as a council were in accomplishing each of the goals. 1 10 Totally Totally ` Unsuccessful Successful 2. When you have finished rating each of last year' s goals, analyze the reason for the varying degrees of success and failure that your ratings represent. For those goals receiving a high rating, try to determine what events, circumstances and conditions helped in the achievement of these good results. For those with low ratings, identify the events, circumstances and condi - tions 'that prevented the council and city from successfully accomplishing the goal . Are any patterns apparent in your analysis? ; Were your goals too unrealistic? Did you set goals that were high enough? Are you able to accurately assess how well you really did with respect to goad accomplishment? Did you have too many goals for the resources and time? Too Few? 3. Based upon this analysis and upon your experience with goal-setting, both as a specific activity and as a management tool for the city over the last year, what suggestions and recommendations do you have that will help make the goal-setting process more effective for this next year? include your suggestions with those on page 9. -3- i r, a� k t it 'P % t - j Y X t 1. yr +`�'n +,y. �♦�x++� 15„ J"`x r< r�' �a'.al. �2 k��f.�k.Y�'x�y_. .t i r i '!.s T # $`�,� rc -.1 ° tx r Y4 s _'�:'=`�-4 �-_ Mn "'#�: 2ZV k ?t s; r'lt» �'I 'B UP �. irt-X � a ry.��nt. ,�^?t ✓�,rte suf-"�'��r� t t`,;Y �# h��g� `7L.� -` ; - x k}c, f -` "^�`-^� < '3'T ¢ �t +�}'`„ i� Sy'id�t - '=�3r �r ilk� �'-1�4x�g�� rs� '#ri♦ L > ta,� v 3 t�&��fb l�i5s.. � w k v�[ _' t,{,.„�� Y S't J L f d Gathering Rnf ormation Before going any further in preparing for the goal-setting session, gather some information. Talk to people. Talk to. . . Business People Homemakers Students ` t Lawyers Doctors Plumbers Teachers Retirees Kids People on the Street Waiters Cooks Mechanics Laborers City Employees Department Heads Truck Drivers Special Interest Groups _ Church Officials GrocersNewcomers 6 . c 1 . People Who Haven' t Voted in Five Years Ask about their concerns, their ideas, their solutions and goals. Talk to people you don' t normally talk to. Talk to people about their city and what r they think you, as an individual councilor, and you as a city council together should be doing. t Review the events of last year, the goals established and the achievements actually attained. Develop a feel for the relative expenditures necessary for goal achieve- ment. Consider: The time involved. The personnel resources required. The money required. The projects that didn't get done because of higher priority projects. The time, resources, and money necessary to maintain the advances of last year. The unforeseen events that transpired which caused you to be less effective than you would have liked. Look to the future. What events or circumstances are likely to come along during this next goal cycle to upset the best of intentions? What must you be prepared for? -4- 4 Down the Road g_y g y y g long-range specu- late our knowledge of the cit and our feelings s for its ion ran e future`, s ecu- late as to the major issues the city; will have to address during the next 5, 10, 20 i years. ', Identity several of them. List them below, and tell how you think the city should begin preparing to deal with them. #I l: 1 1' 2. �r 1 i 3. �. 5. 6. "ONE SHOULD NOT PLAN VAST PROJECTS WITH HALF-VAST IDEAS." Anonymous -5- 4 Criteria for Effective Goals "THE BEST CRITERIA OF A GOAL 1S THIS: IS IT USEFUL?" SPECIFICITY: General goals are less useful than specific ones be- cause specific ones imply next steps. PERFORMANCE: Performance or action-oriented goals are more effec- tive in guiding ;staff in what to do than are non- performance goals. Do not confuse 'statements 'of belief or council views and positions as`goal-state- ments. oal statements. Goal-statements lead to action,,whereas statements of positions or beliefs may only describe a condition. n� INVOLVEMENT: Goal statements should 'identify who is to be involved in goal accomplishment and to what extent. REALISM: Each goal must be realistically attainable. OBSERVABILITY: Goal statements must be written so that an observer will be able to tell when and whether or not the goal is being accomplished. The more observable the goal , the easier it is to judge.effectiveness. t -6- The 10 Most Important Goals Think We Should Pursue This Next Year Based upon your experiences last year, your beliefs and perceptions about the future of the city, and the ideas and concerns you have generated in working through this booklet, list the ten top goals you would like to see addressed this next year. You do not need to prioritize them. Write your goal statements with the "criteria for effective goals in mind." �7_ AMR- The Effective City Council I maintains a clear and cooperatively established set of goals; encourages open, two-way communication between one another; respects the knowledges, skills, and special interests of each other`; handles dissent, conflict, and controversy in a po'sitive', constructive, and professional manner; recognizes and acts upon the importance of presenting a solid unity after decisions have been made, even though individual's might have voted and ''lobbied for a different' decision prior to a vote; understands that the council is only effective as a single unit,; recognizes:that councilors have different constituencies and beliefs, and that each represents` a legitimate part of the community '- no more and no less than any other councilor; recognizes the differences between arguing and problem- solving; does not personalize issues and decisions; and understands that one is seldom going to have all decisions go the way one wants, and accepts and works positively within that framework. "OFTEN, WHEN DEMOCRACY IS WORKING AT ITS BEST, EVERYONE IS JUST A LITTLE DISSATISFIED." -8- Working; Together 4 l What ideas do you have about becoming a more effective council? What are some goals i you think the council as a group shouldsetfor itself in order to become amore effective body? Use your past experience, your perceptions of councilfunctioning, and the information generated by working through this booklet to develop your ideas. List themonthis sheet. MEMORANDUM fP CITY OF TIGARD OREGON TO: Mayor and City Council June 22, 1984 FROM: Jerri L. Widner, FinanceDirector SUBJECT: MUNICIPAL JUDGE AGREEMENT ----------------------------------------------------------------- Staff has negotiated fees for Municipal Court Judge with Anthony Pelay. Currently, Judge Pelay receives $750.00 per month for his services. Our court dates have -increased inthelast six months and it is no longer' equitable to only pay $750.00. Mr. Pelay has agreed to the following: $175.00 per 'court date with a minimum of $750.00 per month. Any pro-tem judges will be paid by Mr. Pelay., I hope this meets with your approval. JLW:jw (0436F) ;E } MEMORANDUM ' CITY:OF TIGARD, OREGON' r TO: Mayor & City Council July 3, 1984 FROM: Bob Jean, City Administrator SUBJECT: Civic Center Architect The Civic Center Project Committee has unanimously '(7-0) recommended the. Smith/Dull Partnership as the project architect. The Committee is meeting Thursday, July ;S, 1984, to finalize a 'Scope of Work Agreement. The City will use its "Professional- Services Agreement and the A.I.A. Contract format. The Committee's recommended fee. and 'scope of work attachment will be provided to you for Monday's meeting. BJ:lw/1749A a THE AMEKICAN INSTITUTE OF ARCHITECTS � 6 n. a E> F AIA Document 8141 Standard trAgreement Owner and Architect 19n EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH i AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION w r , AGREEMENT made as of the 9th day of July in the year of Nineteen F �.. Hundred and Eighty-Four BETWEEN the Owner: City of Tigard 12755 SW Ash Avenue PO Box 23397 Tigard, OR 97223 I; and the Architect: Smith/Dull Partnership, Architects 20915 SW. 105th Avenue Tualatin, Oregon 97062 For the following Project: (Include detailed description of Project location and scope.) Civic Center Project I I, The Owner and the Architect agree as set forth below. Copyright 1917,1926,1946,1951,1953,1950,1961,1%3,1%6,1%7,1970,1974,© 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 6141•OWNER-ARCHITECT AGREEMENT•THIRTEENTH EDITION• JULY 1977•AIA'A•©1977 0141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 6 f TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general ARCHITECT'S SERVICES AND RESPONSIBILITIES market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five With the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired for the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any:other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1,' SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable'Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shat{ review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 1.5 iCONSTRUCTION PHASE—ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1,5.1 The Construction Phase will commence with the Y each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1:1.3 The Architect shall review with the Owner alterna- this Agreement,will terminate when final payment to the tive approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date,sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work,whichever occurs for approval by the Owner,Schematic Design Documents first. consistingofdrawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents,the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area,volume or other unit costs. ment A201, General Conditions of the Contract for Con- struction,current as of the date of this Agreement. 1,2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tett shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1,5.4 The Architect shall_visit the site at intervals ap- be appropriate. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tett shall not be required to make exhaustive or con- uments and any further adjustments in the scope or quai- tinuous on-site inspections to check the quality or quan- ity of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for / ment between the Owner and the Contractor. safety precautions and programs in connection with the l 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- ' AIA DOCUMENT 8141•OWNER-ARCHITECT AGREEMENT•THIRTEENTH EDITION•JULY 1977• AIA®•©1977 B141-1977 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of,the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions,of the Contract Docu Work wherever it is in preparation or progress. ments,whether or not such Work be then fabricated, in 1.5.7 The Architectshall determine the amounts owing stalled or completed. to the Contractor based on observations at the site and on 1.5.13 The Architect shall review and approve or take' evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples,but as provided in the Contract Documents. only for conformance with,the design 'concept of the Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shah be taken with reasonable constitute arepresentation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment,that the Work has progressed to the point indicated; that, to the best of 1.5.14 The Architect shall prepare Change Orders for the Architect's knowledge,information and belief,the qual- the Contract Documents, and execution a accordance with ity of thE!Work is inacccrdance with the Contract Docu_ the Contract Documents,and hall have authoradju order ments (subject to an evaluation of the`Work for con- mmorchntracangest n or an e not:involving an Contract Time formance with the,Contract Documents upon Substantial in the Contract Sum is an extension of the Contract Time Completion, to the;results'of any subsequent tests re- which are not inconsistent with the intent of the Contract quired by or performed under the Contract:Documents, Documents. to;minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter-` rectable prior to completion,and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion,shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written`warranties andrelateddocuments However, the issuance of at Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a;final Certificate for Pay examination to ascertain how and for what;purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor.The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor,and shall render written de- tensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected,em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated'therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ante by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in goad sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work,but the furnishing of such project representa- artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, incl:iding 1.7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, shall be subject to arbitration as provided'in this Agree- The following Services are not included in Basic ment and in the Contract Documents. Services unless so identified in Article 15. They shall be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. "} 8141-1977 AIA DOCUMENT 8141•OWNER-ARCHITECT AGREEMENT•THIRTEENTH EDITION•JULY 1977•AIA®•©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 MI ion, and furnishing may be 1,7,1 Providing analyses of the Owner's needs,and pro- conntecction with the replacement services of suchuired -in Work. the requirements of the Project. the default ).7.2 Providing financial feasibility or other special of the Contract1.7.16 or, or ices enecessary by major defects or deficiencies In studies. the Work of the Contractor, or by failure of performance 1.7.3 Providing planning surveys, site evaluations, envi- of either the Owner or Contractor under the Contract for ronmental studies or comparative studies of prospective Construction. sites, and preparing special surveys, studies and submis- 1 7.17 Preparing a set of reproducible record drawings ` sions required for approvals of governmental authorities showing significant changes in the Work made during or others having jurisdiction over the Project. construction based on marked-up prints, drawings and s to future facilities, SYS- other data furnished by the Contracto 1.7A Providing services relative r to the Architect. tems and equipment which are not intended to be con- 1.7.16 Providing extensive assistance in the utilization of structed during the Construction Phase. any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions. adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training per for operation verify the accuracy of drawings br other information fur and maintenance, and consultation during operation. nished by the Owner. 1.7.19 Providing services after issuance to the Owner of for ence of a ate 1.7,6 Preparing or documents a°t a alternate, insconnection feparate or hnaiflCert f eatelcfor Paym nt emorerthanin hs xtysdays after 2 sequential bids o providing : gnegotiation or construction prior to the the Date of Substantia!Completion of the Work. with bidding, e ' completion , a Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness j Prion with any public hearing, arbitration pro- requested by the Owner. in connect 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's r-.vn forces. 1:7,21 Providing services;of consultants for other'than 1,7,8 Providing services in connection ith the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner: '1.7.22 Providing,any other services not otherwise in- l 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in ctural practice. accordance with generally`accepted archite analyses of owning and operating costs,or detailed quan- 8 TIME tity surveys or inventories of material, equipment and 1 labor. 1.8.1 The Architect shall perform Basic and Additional 1,7,10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional ;u skill and care and the orderly progress of the Work.Upon vices required for or in connection with the selection, procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the i 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as the Project proceeds,and shall include allowances for peri- spaces. t spaces. ods of time required for the Owner's review and approval wings, Specifications or 1.7.12 Making revisions in Drao£ submissions and for approvals of authorities having j other documents when such revisions are inconsistent jurisdiction over the Project.This schedule,when approved usly given, by the Owner, shall not, except for reasonable cause, be with written approvals or instructions previo are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the ARTICLE 2 control of the Architect. 1.7.13 Preparing Drawings,Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with 2,1 The Owner shall provide full information regarding Change Orders to the extent that the adjustment in the requirements for th'e Project including a program,which Basic Compensation resulting from the adjusted Con- shall set forth the Owner's design objectives, constraints struction Cost is not commensurate with the services re- and criteria, including space requirements and relation- quired c' ,he A chitect,provided such Change Orders are ships,flexibility and expandability,special equipment and require,_, by crises not solely within the control of the systems and site requirements. ! Arch�r pct 2.2 If the Owner provides a budget for the Project it 1.7,14 :.'.axing investigations, surveys, valuations, inven- shall include contingencies for bidding, changes in the tories or detailed appraisals of existing facilities,and serv- Work during construction, and other costs which are the ices required in connection with construction performed responsibility of the Owner, including those described in by the Owner. this Article 2 and in Subparagraph 3.1.2.The Owner shall, , provide a statement of 1.7.15 Providing consultation concerning replacement of at the request of the Architect any Work damaged by fire or other cause during con- funds available for the Project,and their source, AIA DOCUMENT 6141•OWNER-ARCHITECT AGREEMENT•THIRTEENTH EDITION•JULY 1977•AIA®•©1977 .8141-1977 5 ? THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 V tl 2.3 The Owner shall designate, when necessary,,a rep- signed, specified, selected or specially provided for by resentative authorized to'act in the Owner's behalf with 3 e1:3 Architect. Cost does not include the compen- : respect,to the Project. The Owner or such authorized representative shall examine the documents submitted by sation of ;the Architect and`the Architect's consultants, r g the cost of the land, rights-of-way,'or other costs which the Architect and shall render decisions pertaining thereto i promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services. cls 2. 2.4 The Owner shalt furnish a-legaesca ptaonand a �icable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST certified land survey of the site, giving, PP 3.2,1 Evaluations of the owner's Project budget, State- grades and lines of streets, alleys, pavements and adjoin- et the ri hts-of-way, restrictions, easements, en- mems of 'Probable Construction Cot and Detailed ing`property; g " est judgment as a croachments, rzonmg,,deed restrictions, boundaries and Estimates of Construction"Cost, If any, prepared contours of the site; locations,dimensions and complete desArcign professional ionaltfameil arcwlith the bconstruct on indus- data pertaining to existing buildings, other improvements and trees; and full information concer concerning aealabollves rv- nor thit e Owner recognized has'Control over hthe ncost eoftlabor,cmate- ice and utility lines bo p rials or equipment over the Contractor's methods of de- below grade,including inverts and depths. rialstermo ing bid prices, or over competitive bidding, market 2.5 The owner shall furnish the services of soil engi- or negotiating conditions: Accordingly, the Architect veers or other consultants when such services are deemed cannot and does not warrant or represent that bids or necessary by the Architect.Such services shall include test negotiated prices,wilt not vary from the Project budget Its,soil bearing values,percolation tests,air established or approved by the Owner, if any, borings,test p' g or from any Statement of Probable Construction he Archie and water pollution tests, ground corrosion and resistivity proposed, tests, including necessary operations for determiningsub- other cost estimate or evaluation prepared by soil, air and water conditions, with reports and app P tett. ate professional recommendations. 3,23 No fixed limit of Construction Cos shall be estab- 2.6 The Owner -shall furnish structural, mechanical fished as a condition of this Agreement by the furnishing, chemical and other laboratory tests, inspections and re- proposal or establishment of a Project budget under Sub- ports as required by law or the Contract Documents. paragraph 1.1.2 or Paragraph 2.2 or otherwise,unless such 2,7 The Owner shall furnish all legal,accounting and in- fixed limit has been agreed upon in writing and signed by at an such a been estab- surance counseling services as may be necessary y I the parties the herettectf hail befpermitted toixed limit sinclude on- time for the Project, including such auditing services as the Owner may require to verify the Contractor's App tingencies for design,bidding and price escalation, to de- tions for Payment or to ascertain how or for what pur- termine what materials, equipment, component systems t moneys paid by or on be- and types of construction are to be included in the Con- poses the the Owner.he Contractor uses the tract Documents, to make reasonable adjustments in the half s to include in ` e Project an 2.8 The seer a ea information,through 2.7 inclusive and P hall be mens altorts re- scope of ernate bids to adjust the Construct ontcostDto the ` quired by Paragraphs furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the Contract Sum be entitled to rely upon the accuracy and completenessamount increase afterexeccution of theContra tefor Con tructionoccurring thereof. the Bidding or 2.9 if the i Owner fobserry hP P otherwise �ec ole nonconformance mencedf within three months Negotiation afterr the A chitect not ubmits of any fault orthe with the shall Contract ragt Documents, pro writtehe n chinot1Ce budget nor fixed limit of Construction cuments to the OCost shall be Project ad- thereofto justed to reflect any change in the general level of prices 2.10 The Owner shall furnish required information and In the construction industry between the date of submis services and shall render approvals and decisions as ex- sion of the Construction Documents to the Owner and peditiously as necessary for the orderly progress of the the date on which proposals are sought. Architect's services and of the Work. 33,4 If a Project budget or fixed limit of Construction ��T�� 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the Owner shall (1) give written approval of an CCiNSTdIIJCTi®PJ OAST increase in such fixed limit, (2) authorize rebidding or re- 3.1 DEFINITION negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost.in the case of(4),provided a fixed limit)f his Agree- market rates, including a reasonable ndalmater materials furnshed tionCost the Architect,en wthoutdas a condition o: addi additional charge,shall mod- headand profit,the cost of laborY if the Drawings and Specifications as necessary to comply by the Owner and any equipment which has been de- AIA DOCUMENT 8141+OWNER-ARCHITECT AGREEMENT•THIRTEENTH EDITION•JULY ING •AIA®•O 1977 0006 b -------------- ----1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 with the fixed limit.The providing of such service shall be or extended through no fault of the Architect, compensa- the`iimit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit,and having done so,the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi performed, in accordance with this Agreement, whether tional Services, or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed,,compensation for such portions of the Project shall be payable to the extent DIRECT PERSONNEL EXPENSE services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2,2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatoryand Statement of bid orlproposal is rec Cos oh Detailed Esnt customary contributions and benefits related thereto,such as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional ARTICLE 5 Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall,be made monthly upon presentation of the Architect's statement of services 5.1' Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional'Services and include 6 3-PAYMENTS WITHHELD actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses` listed in the following Sub- compensation'on account of,penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors,or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection without-of-town those for which the Architect is held legally liable. travel; long distance communications; and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION € securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole i, the Project. or in part for more than three months,the Architect shall 5.1.2 Expense of reproductions,postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- smore hall bthequitaeebly adjusted.the Architect's compensation tional Services. 5.1.4 If authorized in advance by the Owner,expense of ARTICLE 7 overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 7.1 Records of Reimbursable Expenses and expenses per- 5.1.6 Expense of any additional insurance coverage or taining to Additional Services and services performed on limits, including professional liability insurance, requested the basis of a Multiple of Direct Personnel Expense shall by the Owner in excess of that normally carried by the be kept on the basis of generally accepted accounting Architect and the Architect's consultants. principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of serv- the minimum payment under this Agreement. ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not.The Owner shall be permitted to retain copies,in- formed within each Phase of services, on the basis set cluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project.The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT 8141•OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION•JULY 1977•AIAO•©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8149-177 7 other projects,for additions to this Project,or for comple- 10.4 Termination Expenses include"expenses directly at- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement,except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect. tion earned to the time of termination,as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project isnot to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. 'Development Phase;or .3'S percent if termination occurs during any subse- ARTICLE 9` quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or 11 1 Unless otherwise specified,this Agreement shall be relating to this Agreement or the breach thereof, shall be P g decided by arbitration in accordance with the Construc- governed by,the law of the principal place of business of tion Industry Arbitration Rules of the American. Arbitra- the Architect, tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree.otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner,any additional person not of this Agreement. a party to this Agreement except by written consent con- 11,3 As between the parties to this Agreement: as to all taining a specific reference to this Agreement and signed - acts or failures to act by either party to this Agreement, by the Architect,the Owner,and any other person sought any,,applicable statute of limitations shall commence`to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any;dispute not described therein or with vant Date of Substantial Completion of the Work,and as any person not named or described therein. This Agree- to any acts o: failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion,not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights under the prevailing arbitration law. against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants,agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201,General Con- be made within a reasonable time after the claim,dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim,dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of this Agreement.Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect,the Architect shall be compensated for all services supersedes all prior negotiations,representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by botf` defined in Paragraph 10.4. Owner and Architect. s AIA DOCUMENT 8141+OWNER-ARCHITECT AGREEMENT+THIRTEENTH EDITION+JULY 1977+ AIA®•©1977 8 0141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 G }, g AR•TICIE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided,in accordance with Article 6)Payments to the Architect,and the other Terms and Conditions of this Agreement,as follows: 14,1 AN INITIAL PAYMENT of Five Thousand dollars($5000.00 ) shall be made upon execution of this Agreement and credited to the Owner's account as follows: k $500.00 per month for 10 months. k' 14,2 BASIC COMPENSATION 14.2.1` FOR BASIC SERVICES,as described in Paragraphs 1.1 through 1.5,and any other services included in Article 15 M as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert basis of compensation,including fixed amounts,multiples or percentages,and identify Phases to which particular methods of compensa- It `tion apply,if necessary.) ` ( 9% of the Construction Cost. Previous design services will be credited in:the amount of $4200. i o�° S 14,2,2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) t Schematic Design Phase: percent( 15%) percent( 20%) Design Development Phase: Construction Documents Phase: percent( 40%) f Bidding or Negotiation Phase: percent( 05%) ` Construction Phase: percent( 20%) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 1.6,Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA r3OCUMENT 6141•OWNER-ARCHITECT AGREEMENT•THIRTEENTH EDITION•JULY 1977•AIA®•©1977 8141-1977 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1 f k 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants,Compen- sation shall be computed as follows: (Here insert basis of compensation,including rates and/or multiples of Direct Personnel:Expense for Principals and employees,and identify Principals and classify employees,if required. Identify specific services to which particular methods of compensation apply, if necessary.) Hourly rate of $30. 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Armese 15 as part of Addid- bille tional Services,a multiple of one poi nt one 1.1 to the Architect for such services. (Identify specific types of consultants in Article 15.if required.) 14.5 FOR REIMBURSABLE EXPENSES,as described in Article 5, and any other itelm sincl,de min Article amounts15as e m ex- bursable Expenses,a multiple of one es and consultants in the interest of the Project. pended by the Architect, the Architect's employe 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below,or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. 1.5% per month (Here insert any rate of interest agreed upon.) imilar e and local it laws and ther ations the Owner's and Architect's principal tder the places of busln ss[the locatiiongof then Project sand elsewhere may consumer the validity of thisoprovis on.'Specific at advice should be obtained with respect to deletion, modification,or other requirements such as written disclosures or waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7,1 IF THE SCOPE of the Project or of the Architect's Services is changed materially,the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twel ve �2f months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 01M11•OWNER-ARCHITECT AGREEMENT•THIRTEENTH EDITION s JULY 1477•AIA01977 10 8141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS,, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. ARTICLE 15 OTHER CONDITIONS OR SERVICES t � s AIA DOCUMENT 9141•OWNER•ARCHITECTAGREEMENT+THIRTEENTH EDITION•JULY 1977•AIA®®Q 1477 THE AMERICAN .INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, M.W., WASHINGTON,.D.C. 2OW6 8141-1977 11 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT Smith/Dull Partnership, Architects City of Tualatin 18880 SW- Martinazzi Avenue 20915 SW, 105th Avenue Tualatin, Oregon 97062 Tualatin, Oregon 97062 BY ___� 8Y AIA DOCUMENT&1A1•OWNER-ARCHITECT AGREEMENT•THIRTEENTH EDITION•JULY 1977•AIA9•(01977 -12 $141„1977 THE.AMERICAN.INSTITUTE 0F ARCHITECTS, 1735 .NEW YORK'AVENUE, N.W., WASHINGTON, Q.C. 2M I CITY OF TIGARD, OREGON MEMORANDUM : TO: ` Honorable Mayor and City,Counc* July 3, 1984. FROM: Bob Jean, City Administrator SUBJECT: Emergency Medical Services Agreeme State Law mandates each County to establish an Emergency Medical Services' (EMS) program in 'their'County. Washington County; developed their program `without the involvement of the cities, but = then did propose city representation on the EMS' Policy Advisory Board as a part of an intergovernmental agreement pursuant to County Ordinance. The cities I've' worked with in the County have no objection to what the County is :doing, but all the area City'Managers have questioned whether the cities 'should or need to be directly involved. Major anti-trust liability questions have arisen and not been satisfactorily resolved. While the County is immune since its action is pursuant to State Law, it is very questionable whether such immunity could be transferred to the City. I recommend that we support the County's effort and continue our informal involvement, but deny the request to pass the agreement. If Council wishes to discuss this item further, we can set if for a later agenda date. (BJ/dc:0520p) a 'A 5k I WASHINGTON COUNTY ADMINISTRATION BUILDING=150 N. FIRST AVENUE HILLSBORO, OREGON 97123 BOARD OF COMMISSIONERS WES MYLLENBECK,Chairman COUNTY ADMINISTRATOR BONNIE L.HAYS, Vice Chairman ROOM 418 EVA M. KI.LLPACK (503)648-8676 JOHN E, MEEK LUCILLE WARREN May 16, 1984 City of Tigard Bob Jean, City;Manager 12420 S.W. Main Tigard, Oregon -9722 Dear Mr. J n: On,March 5, 1984 we sent copies of Ordinance 277, an ordinance regulating ; emergency ambulance services, and the Intergovernmental Agreement adopting Ordinance 277 to all cities in Washington County, We have not received formal notice of your city's decision regarding the Intergovernmental Agreement. ... Ordinance 277 states that at least three cities must sign the Intergovernmental' Agreement adopting Ordinance 277 before the permanent Emergency Medical Services Policy Board may be formed. As of this date four cities have signed the Intergovernmental Agreement. Signing the Intergovernmental Agreement gives a city a voice in the representation on the EMS Policy Board. It is our intention to form the permanent EMS Policy Board on June 18, 1984. Please advise my office or the Emergency Medical Services Office of your deci- sion by June 15, 1984. Sincerely, Donal D. Stilwell County Administrator Washington County C. an equal opportunity employer L • pe - r i THIS AGREEMENT, made and entered into as of the day of 198 ,` by and between WASHINGTON COUNTY, a home is rule subdivision of the State of Oregon (hereinafterreferred to as "County") and the CITY OF a duly incorporated city in Washington County (hereinafter referred to as "City"), e WITNESS-ETH WHEREAS, County has adopted Ordinance No. 277 regulating the provision of emergency medical services in the unincorporated portions of the county, and providing for enforcement of the ordinance within the boundaries of municipal corporations in the county, upon intergovernmental agreement for such enforcement; and WHEREAS, .City desires that said services be regulated under and made subject to County's Ordinance No. 277, except as otherwise provided herein; and WHEREAS, pursuant to ORS Chapter 190 the parties wish to enter the following agreement for the performing of the functions described in County's Ordinance No. 277; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. County Ordinance No. 277, attached hereto as Attachment "A" and fully incorporated herein by this reference, as now or hereafter constituted, shall be enforced within the boundaries of the City the same as if the ordinance were an ordinance of City. The term "Washington County" appearing in Ordinance No. 277 shall be deemed to include City for the purposes of the agreement. a - .w I � { 2. The initial term of this agreement shall commence upon the date of its execution .by City and expire on June 30, 1984 subject to earlier terming Upon the expiration of the initial teen and tion under paragraph 3 hereof. any subsequent terms this agreement shall be automatically renewed for a ' written notice of termination is served by successive one year term, unless ?r one party on the other thirty (30) days or more prior to June 30 of the ±t currentyear. 3. Either party may terminate this agreement prior to expiration of the agreed upon term by serving written notice on the other, delivered by least 60 days prior to the 'effective date of certified mail or in person, at s such early termination. By mutual written consent of the parties, this agreement may be terminated, effective immediately, or at such time as the k parties provide. 4. Any notice provided for in this agreement shall be served upon County by delivery to its Clerk of the Board of Commissioners, County Court- house, and upon City by delivery to 5. This agreement contains the entire agreement between the parties and supercedes all prior written or oral discussions or understandings, express or implied. 6. No modification of this agreement shall have effect unless and until reduced to writing and signed by the authorized representatives of the parties. 7. The City and County agree that each party will assume its own responsibility in connection with any claims made by a third party against the City and/or County. If the acts of the agents, employees or officers loss or of the County are the proximate cause of any claim, action, damage, 2 � fi E; ME �q expense brought against the City, the County will indemnify, hold harmless and will assume full responsibility for the defense of said claim or action. rf the acts of the agents, employees or officers of the City are the proxi- mate cause of any claim, action, damage, loss or expense brought against . the County, the Citywill indemnify, hold harmless and will assume full responsibility for the defense of said claim or action. Oregon Washington County, Oregon au ut ori ed Representative Authorized Representative Date Executed:• Date Executed: APPROVED AS TO FORM: KIN, ounty Counse W14. for Washington County, Oregon �.F - - . �� diL1oD MAY 1 '411983 A-ENGROSSED 1Nashington County, IN THE BOARD OF COUNTY COMMISSIONERS County,Clerk 2 FOR WASHINGTON COUNTY, OREGON 3 i An OrdinanceRegulating the Provision of Emergency Ambulance Services; Establish- 4 ORp1NANCE NO. 277 ing An Ambulance License and Fee, Creat ing an EMS Policy Board, Authorizing The S Hiring of a Director, Providing for the Adoption of Administrative Rules, ,Impos- 6 ing a Penalty and Declaring an Emergency. 7 The Board of County Commissioners of Washington County, Oregon, ordains: SECTION 1• PURPOSEaAND INTENT 9 A. The Washington County Board of Commissioners hereby determines that 10 the protection of the health, safety and general welfare of the citizens of 11 Washington County requires that emergency medical services be regulated so as 11.2 to provide prompt, effective, efficient and safe service. 13 B. The Board finds that it is required by State lave to develop a plan 14 relating to the need and coordination of ambulance services, and establish is ing ambulance service areas for the efficient and effective provision of such 16 services and is authorized to provide regulations more stringent than those 17 adopted by the State Health Division. 18 SECTION 2. DEFINITIONS 10 As used in this Ordinance, unless the context requires otherwise. Z 0 20 A. "Administrative Rules" means the rules relating to emergency medical zn 21 services adopted as provided for in this Ordinance. Duly promulgated rules 2': =o 22 shall have the force of law. 3 0 23 B, "Advanced Life Support Services"means prehospital and interhospital id z n 24 emergency care which encompasses, in addition to basic life support functions, rd 15 cardiac monitoring, cardiac defibrillation, administration of antiarrhythmic administration of medications, drugs and solu- 26 agents, intravenous therapy, v Page 1 I tions, 'use of adjunctive medical devices and other techniques and procedures, d identified by rules adopted by this Ordinance. 3 C. "Ambulance" means any privately or publicly owned motor vehicle, ` 4 aircraft or marinecraft that is regularly provided or offered to be provided 5 for fhe'regular emergency transportation of persons suffering from illness, 6 injury or disability, including any unit registered with the State of Oregon 7 as an advance life support ambulance. 3 D. "Board" means the Board of County Commissioners of Washington County. 9 E. "Council" means the Emergency Medical Services Advisory Council es- 10: tablished under this Ordinance. 11 F. "Disaster10 otherwise known as "Mass Casualty Incident" means any 12 incident involving five (5) or:more critical, or potential for a total of 13= fifteen '(15) or more patients. ., G. "Director" means the person designated by the Board to administer 15 and.enforce the provisions of this Ordinance, or the Director's delegee. if H. "Do Business" or "operate an ambulance" in Washington County means 17 to provide private or public emergency ambulance service in the unincorporated 16 portion of Washington County, or within any'city that has entered into an ig intergovernmental agreement as provided in Section 16. , provided, however, 20 that transporting patients from outside the County to within the County only _m 21 shall not be considered doing business or operating an ambulance within the J� va co 22 County. Y• c� `° 23 I. "Emergency" means any non-hospital occurrence or situation involy- ;D go 24 ing illness, injury or disability requiring immediate medical or psychiatric IJJ 25 services. J. "Emergency Medical Services" or "EMS" means those pre-hospital Page 2 2 M-M ELM MEW I functions and services which are required to prepare for and respond to emer- 2 gencies, including rescue, ambulance, treatments communications, evaluation 3 ; and public education. "Emergency Medical Services" do not include services 4 of 'a fire department which does not provide advanced _life support services. 5 K. "Emergency Medical Technician" or "EMT" means a person so certified 5 by the State Health Division or the State Board of Medical Examiners. 7 ; L. "Employee" means an employee, agent or driver employed by a, licensee. 8 M. "License" means a nontransferable, nonassignable authorization, per- 9 conal to the person to whom it is issued, issued by the Director and authoriz- 10 ing the person whose name appears thereon to do business in Washington County. 11 N "Medical Advice" means medically related instruction, direction, 12 advice, and professional' support given to an EMT via radio or telephone com- munications by physicians at a medical resource hospital , for the purpose o 14 assisting in the provision of pre-hospital on-site and in-transit basic and 15 advanced life support services. 16 0. "Medical Advisory Board" means the Emergency Medical Services Medical 17 Advisory Board established under this Ordinance. 18 P. "Medical Resource Hospital" means a medical facility designated under 19 ' the rules adopted under this Ordinance as having the capability to provide v,, 20 verbal advice and support to EMT's at the scene of medical emergency. z� og 21 Q. "Party" means: �m z Eo E 22 1. Each person or agency entitled as of right to a hearing; �0 23 2. Each person or-agency named by the Policy Board, ss defined below; zn 24 3. Any person requesting to participate as a party or in a limited 0:. 25 party status who is determined either to have an interest in the outcome of Z(' 25 the proceeding or represents a public interest in such results. 0 Page 3 '4 N, 1 R. "Patient" means an individual who, as a result of illness or 'injury, 2 needs immediate medical attention. 3 S. "Person" means an individual, partnership, company, association, 4 corporation or any other legal entity, including any receiver, trustee, assignee 5 or similar representative. 6 T. "Policy Board" means the Emergency Medical Services Policy Board F 7 established under this Ordinance. x 6 U. "State Health Division" means the Health Division of the Department 9 of Human Resources of the State of Oregon, or its successor, 10 Vo "Vehicle" means an ambulance or fire department rescue:unit which 11 '- is used in the provision of emergency medical services, but does not include 12 a fire engine or ladder truck,, _ 13 SECTION 3. COMPLIANCE 14 A. It shall be unlawful for any person to provide or allow to be pro- vided emergency ambulance services in Washington County without first obtain- 16 ing a license to operate an ambulance from the Director, 17 B. It shall be unlawful for any person to operate, or allow to be 18 operated, an ambulance in Washington County for emergency use, other than z19 transporting patients from outside the County to within the County, unless a U 20 valid ambulance license has been issued for the vehicle by the Director, oW 21 C. It shall be unlawful for any licensee to operate, or allow to be �v 22 operated, an ambulance for emergency transport that is not equipped and attended aW 0 23 as required by Rules adopted pursuant to this Ordinance or to operate or allow is zza:0 24 to be operated an ambulance in a manner in violation of this Ordinance or the 0; u= 25 Rules adopted thereunder. 26 D. "To allow to be' provided or operated" does not include mere issuance v Fags 4 y . 1 if1 01 I of,a business license or land use approval 2 SECTION 4. EXEMPTIONS 3 Notwithstanding any other provision, this Ordinance and the rules adopted 4 hereunder shall not apply to: S A. Vehicles owned by or operated under the control of the United States 6 Government or the State of Oregon; 7 B. Vehicles being used to render temporary assistance in the case of 3 a disaster, or an emergency with which ambulance services of surrounding locali- 9 ties are unable to cope, or when directed to be used to render temporary assis- 10 tance through an alarm/dispatch center or a" public official at the scene of an 11 accident; 12 C. Vehicles operated solely on private property or within the confines` 13 of institutional grounds, whether or not the incidental crossing of any public 14 street, road or highway serving the property or grounds is involved; iS D. Vehicles operated solely for the transportation of lumber industry 16 employees; 17 E. Any person who owns, drives or who attends a patient transported in 18 a vehicle under subsection (A) through (D) of this section; Z 19 E. Any person who by State or Federal license is authorized to attend ° u, 20 patients, except EMT's and EMT trainees as provided under this Ordinance. Z e'. °® 21 G. Ambulance companies that only provide service to fulfill non-emer- Z Qo 22 gency transportation contracts with specific organizations provided the ambu- B:O 23 lance company and the organization are on a current basis identified and on J6 WX 24 file with the Director. 0 J Y®J 25 SECTION 5. EMS POLICY BOARD 26 A. There hereby is created an EMS Policy Board which shall consist of u Page 5 1 the following five members: 1. A;County Commissioner appointed by the Board, who shall be the { 3 Chairman of the Policy Board; 2. Two City Council members or mayors appointed by the incorporated intergovernmental agreement authorizing en - 5 cities which have entered into an 6 forcement of this Ordinance within their city limits as provided in Section •+ 16. No two members shall be from the same City; and 3 8 . Two members of the Board of Directors of a Rural Fire Protection District, which does not provide services to a City having an elected official 10 on ,the Policy Board, to be appointed by the District Boards: No two members 11 shall be from the same District. 12 B. Policy Board members shall be elected public officials. The members 13' of the policy Board; shall serve without compensation and may be removed by a tr appointing body or bodies. �4 majority vote of the members of the relevant 15 Ce Terms of office shall be two years with a limit of two consecutive terms, 16 except that the initial term of one representative from the Cities and one 17 from the Districts shall be one (1) year as decided by lot. Membership shall 18 immediately cease upon leaving public office and a vacancy shall exist until Y9 anew representative is appointed by the relevant body or bodies to serve out Z ° 20 the remaining term. Terms shall expire on June 30. U_ duty and respon- ZV >°-m 21 D. The Policy Board hereby is delegated the authority, mate authority of rq 22 sibility to administer Ordinance, subject to the ulti K- aW 23 the Board of Commissioners. More specifically, the Policy Board shall: 3O Wp 1• Oversee the operation of ,the licensing, inspection and reguia- zm 24 =).A 25 tory system adopted by this Ordinance; e appeals of license denials or revocations by 26 2. dear and determin v page 6 } g the Director and make final decisions thereon; 3. Recommend to the Board of commissioners the hiring of an EMS' 3 Director and such other persons as are necessary to carry out this Ordinance, 4 and make recommendations as to the duties and authority of such person; .. 'S 4. Conduct hearings on and take action on Administrative Rules pro- 6 posed under this Ordinance, subject to appeal to the Board of Commissioners; 7 and 8 5. Exercise such other powers and perform such other duties as are 9 set forth by Resolution and Order of the Board to effectuate this Ordinance. 10 SECTION 6. EMERGENCY MEDICAL SERVICES DIRECTOR 11 A. Upon creation and funding of the position by the Board of Commis- 12 sinners, the County Administrator shall appoint an EMS Director. 13 B. The EMS Director shall administer and enforce this Ordinance and 14 :hall performsuchduties as are set forth in the County Administrative Manual 15 or by Resolution and Order of the Board. 25 C. The Director shall have the authority to issue, suspend or revoke 17 licenses, propose Administrative Rules or amendments thereto, adopt emergency 18 Rules, seek judicial enforcement of this Code and take such other action to 1- 19 carry out this Ordinance and the Rules adopted pursuant thereto. U„ 20 SECTION 7. EMS ADVISORY COUNCIL zle 002i A. There hereby is created an EMS Advisory Council which shall consist 0V Z� No 22 of the following: 41W 3:0 23 1. One representative from each city in Washington County which z� 24 enters into an intergovernmental agreement for enforcement of this Ordinance OJ } 25 as provided in Section 16; oz 5 2. One representative from the Police Department and one from the u � � Page m NEI I Fire Department of each city which enters into an agreement as provided above; 2 3. One general representative `from`Washington County, one from the 3 County Emergency Planning Office, and one from the Washington County Sheriff; 4 4. One representative from each medical resource hospital in the 5 County; 6 5. : One representative from each Rural Fire Protection District; 7 6. One representative from each designated 911 emergency communica- 8 tions center, 7. One representative from the Oregon State Police; 10 8. One representative from each private service provider licensed 11 to do business in Washington County; and 12. 9. One member of the public not affiliated with the health care ` 13 industry, to be appointed by the County Board of Commissioners. 14 B. The members of the EMS Council shall be appointed by the governing i 15 body or other appointing authority of each respective organization. Members 16 shall serve without compensation and at the pleasure of the organization . 17 represented. The terms of office shall be two years with a two consecutive term 18 limit on the number of terms. The Council shall adopt Rules of Procedure Z 1g specifying a quorum, meeting times and other procedural matters. The Rules g u� 20 shall provide that each governmental jurisdiction have only one vote, regard- Z2 21 less of the number of representatives. The Board may appoint additional non- aO 22 voting advisory members by Resolution and Order. �9 23 C. The EMS Council shall advise the Board of Commissioners and the 24 Policy Board on all matters relating to emergency medical care. The specific 0- 25 authority, duties and responsibilities of the Council shall be established by Q 26 the Policy Board. U Page 8 t fs �r WN go i� 1 SECTION 8, MEDICAL ADVISORY BOARD 2 A. There hereby is created an EMS: Medical Advisory Board which shall 3 consist of the following: 0 4 1. One emergency physician from each. of the followinq hospitals: 5 Meridian Park, Tuaiity, St. Vincents, and Forest Grove Community. The physicians ' 6 shall be interested and involved in prehospital emergency; care. A physician 7 shall be the chairperson. Additional hospitals which provide emergency medical ' 8 care for citizens of Washington County may be added by Rule; z 9 2. One representative from the Emergency Department Nurses Associa- F 10 tion; 11 3. One certified EMT; 12 4. One representative of the Washington County Medical Society; and c 13 5. One physician involved in on-going education of licensees and #' 14 their employees, 1S B. The EMS Council shall announce vacancies, received applications, 16 screen candidates, and make recommendations prior to appointment of Medical 17 :Advisory Board members by the Policy Board. 18 C. Medical Advisory Board members shall serve without compensation. Z19 Terms shall be two years with a limit of two consecutive terms, except that the $_ 20 terms of the initial Board shall be staggered such that one physician shall zn on 21 serve one Cl) year and two shall serve two (2) years. Initial terms shall be ZW Eo 22 decided by lots drawn by the Chairperson of the Policy Board. Members may be 'Un<W .o 23 removed at the discretion of the Policy Board. Terms shall expire on June 30. id Zm 24 D. The Medical Advisory Board shall have the following powers and duties: o_3 }z _25 1. Assist in investigations under the supervision of the Director =z) _6 and advise the Director and Policy Board on all medical related issues regard- 0v page 9_ F . 44 1 ing issuing, suspending and revoking licenses; 2. Recommend to the Director and Policy Board rules and amendments 3 relating to protocals for prehospital patient care, emergency equipment, EMT >4 training and medications; 5 3. Periodically review the policies and procedures of hospitals 6 receiving ambulances and report to the Director and Policy Board; 7 4. .Adopt rules of procedure; and 5. Perform such other functions as are necessary to carry out the 9 provisions of this Ordinance, the Rules or as directed by the Policy Board. 10 SECTION 9. ADOPTION OF RULES 2 A. Sco e 12 . The Director may, in writing, recommend to the Policy Board, or the 13 Policy Board may propose on its own motion, adoption, amendment or repeal of 14 Administrative Rules deemed necessary to achieve the purpose of this Ordi- nance... Such Rules shall be adopted as provided in this Ordinance and may es 15 tablish among other things. 17 1. Vehicle and equipment standards, including staffing. The Rules 18 may provide for other governmental entities to impose more stringent standards z 19 than those adopted hereunder. ® v 20 2. Medically related personnel standards, including monitoring per- z^ 21 formance, mandating and testing acceptable knowledge of response and medical io 22 protocals, continuing education, and the terms of probationary periods for new aW iJ9 23 employees of licensees, employees who change certification levels, or in re- c; Wa '20 24 sponse to concerns about health care delivery. Rules relating to probationary =)J 0 . >-z 25 periods shall be limited to medical protocals and knowledge of the Rules 26 adopted hereunder; Page 10 pr; P �4 t 1 3. >Medical operating procedures; E 'f 2 4. General operating procedures, including response time standards, 3 dispatch priorities, standards and coordination with the 911 system, protocals y a S 4 and staffing levels. The Rules shall allow for, substitution of EMT personnel 5 on,ambulances with state licensed nurses or physicians having special training Q 6 or experience in emergency medical care as determined by the Medical Advisory 7 Board; A 8 a. Reports; y 9 6. Procedures for receiving and acting upon citizens` input and 10 complaints; Y f 11 7. Standards and procedures for designation as a medical resource . 12 hospital; 13 B. Required insurance coverage; t a t 14 9. Designation of ambulance service areas - provided, however, that z 1s the standards for creating such areas shall be based solely upon such standards 16 as are necessary to ensure efficient and effective provisions of quality ambu- 17 lance service as provided by State law and the State Health Division. ASA 13 Rules shall be drafted so as to avoid, to the extent practicable, restrictions 29 on free entry into the market place and shall provide a mechanism for redesig- 20 nation to accommodate new licensees or expansions. ASA Rules may provide for Zn 21 competitive bidding for service areas. Ro 22 10. Communications; QW -1 23 11. Procedures for contested cases, investigations, issuance of Jo Z0 24 licenses and such other activities authorized by this Code; 0; oa 25 12. License, testing and other reciprocity agreements with other a- z 26 jurisdictions; page 11 Btu a a LK d 13. Licensing and inspection fees; and 2 14. Ambulance franchising or contracting. No franchise shall be 3 effective within an incorporated city unless the city has consented by inter- 4 governmental agreement. 5 B. Prerequisites to Adoption of Rules, Emerqenc Adoption of Temporary u es, 'p kation, Su stantial Comp lance Required 6 7 1. Except as provided in Section 10, prior to the adoption or re- 8 peal of.any Rule by the policy Board, notice of the proposed adoption, amend- 9 went or repeal shall be given: 10 a. By publication in a newspaper of general circulation in 11 Washington County at least ten' (10) 'days prior to the date of intended action; 12•` b. At least thirty (30) days notice by mail to all members of ,3` the EMS Council , Medical`Advisory Board, to all current licensees and to those 14 persons who are on file as having requested notice from the Director; and 15 c. Such other notice as the Director deems necessary to pro 16 vide a reasonable opportunity for interested persons to be notified of the 17 proposed action. 18 2. The notice required by subsection (1) of this section shall state z19 the subject matter and purpose of the intended action in sufficient detail to D U 20 inform a person that the person's interests may be affected, and the time, a �°- 21 place and manner in which interested persons may present their views on the -Z 22 intended action. It shall inform the reader that a copy of the proposal and ® 23 the Director's recommendation is available for inspection. idwr `"a 24 C. Hearin OJ 25 1. The Policy Board shall conduct a public hearing on the adoption, The hearing shall be conducted as pro- D 26 amendment or repeal of proposed Rules. O Page l2 • / i I vided by Rule. Until such time as the Policy Board is established and hearing 2 procedures are adopted by Rule, hearings shall be conducted as provided by 3 Resolution and Order of the Board of Commissioners, or in the absence thereof, 4 in,accordance with the Model Rules of Procedure, as established by the Attorney 5 General, OAR 137-01-030 (Nov. 1981). 6 2. A decision by the Policy Board shall be preceded by: 7 a. A written recommendation from the Director; 8 b. The recommendation, if any,, of the EMS Council; and 9 c. A reasonable opportunity for testimony from the public. 20 3. No rule relating to training standards, medical protocals, medical 11 equipment or resource hospitals shall be adopted, amended or repealed without 12 the Policy Board first providing the Medical Advisory Committee a reasonable 13 opportunity to make a recommendation. The recommendation shall be followed 14 unless the Policy Board specifically deter-mines that the recommendation is 15 clearly outweighed by a countervailing interest of the general public. 16 4. The Policy Board shall adopt a written order setting forth its 17 action, together with findings regarding: 18 a® The legal authority for the action; and 19 b. The need for the action and how the action fulfills that 0 U, 20 need. Zn °- 21 D. Effective Date, Appeal X0 22 1. 'The action taken by the Policy Board shall become effective on tn4w 0 23 the fourteenth (14) day following filing of the written order with the Clerk �a Z. 24 of the Board of Commissioners unless a petition for review to the Board of =)� 0 g 25 Commissioners is timely filed with the Director or the action specifies a 26 dater effective date. 0 x., Page 13 r< 1 2. The petition for review must be filed within fourteen (14) days- 2 of the date the order is filed with the Clerk and shall state the alleged 3 errors, the evidence and legal authority to be relied upon on appeal and r 4 ;he requested action by the Board. The petition shall be accompanied by 5 ` the fee set forth by Resolution and Order of the Board. Only those parties tr who made an appearance of record, either oral or in writing, shall be en 9 titled to file a-petition for review, 8 .3. All hearings on appeal shall be conducted on the .record in 9 accordance with the rules for a public hearing adopted by the Board. The petitioner shall pay the cost of providing a transcript of the initial hear- Ing at least three (3) days prior to the Board hearing. Failure to do so 12 shall be jurisdictional. 13„ E. The Board shall reverse or modify the decision of the Policy Board 4 14 only if it finds that the action was taken without legal authority or con- t g is travenes the intent and purpose of this Ordinance. 16 F. An action of the Policy Board shall be invalidated for procedural 17 error only if found by the Board of Commissioners to have substantially 16 prejudiced the rights of the petitioner. When practicable, the Board may 14 order such corrective action as it deems necessary to remedy the proce- ' 20 dural error and avoid invalidation. �a 21 SECTION 10. EMERGENCY RULES a. ' Eo 22 A. Notwithstanding any other provision, if the Director finds that m 023 failure to act promptly. will result in serious prejudice to the public Ln z° 24 interest or the interest of the parties concerned, and sets forth in writ- no J ®T 2s ing the specific reason for taking action, the Director may proceed to a _, 26 adopt, amend or suspend a Rule without notice or hearing or upon any abbre- ' page 14 viated notice and hearing deemed practicable. Such an action shall be pre- 2 ceded by at least 24 hours advance notice to the Chairperson of the Policy Baard, Such Rule is temporary and shall be effective upon filing with the 4 Clerk of the Board for a period of not longer than 180 days. The subsequent 5 : adoption by the Policy Board of an identical Rule is not precluded. Within 6 fourteen (14) days following the date of filing of a temporary Rule, the Director shall` prepare the complete recommendation required by Section 10 of r a 8 this Ordinance. The statement shall be available for public inspection dur fi 9 ing -regular business hours at the main office of the Director. A Rule tem . oraril suspended shall gain effectiveness upon expiration of the temporary 10 p y 11 period of suspension unless the Rule is repealed. An emergency Rule may be Board in the same manner as an appeal of a Rule to the 12. appealed to the Policy 13 Board of Commissioners, except that the effect of the Rule shall not be stayed fi 14 pending appeal unless otherwise directed by the Policy Board. 15 a Rule shall be taken without first B. No emergency action relating to 16 obtaining a favorable recommendation from the Chairman of the Medical Advi- 19 sort' Board if the action relates to training standards, medical protocals, } 18 medical equipment or medical resource hospitals. If feasible, the recommends- shall be obtained prior to action. 19 tion of the appropriate Board s z ion a copy of an emergency Rule shall be sent to all uA 20 C. Upon adoption, z p i EMS Council , Medical Advisory Council and to all 0" 2g members of the Policy Board, provided for other Rules. be appealed to the Board asp 22 licensees. Emergency Rules may �w 0 23 SECTION MiSC US PRO'JTSIONS RELATING TO RULES zo 24 A. The Director shall, upon request and payment of a fee to cover Bost, D6 � U_ 2 supply copies of Rules, nr orders or designated parts thereof, a, -26 R. The Director shall compile and Index all Rules. The compilation 0 U � - page 15 t A , y � 1 shall be supplemented or revised as often as necessary. Such compilation 2 supersedes any other Rules. 3 C. An interested person may petition the Director and request the pro- 4 mulgation, amendment or repeal of a Rule. The Director shall promptly pro- 5 vide copies of the petition to the EMS Council for review. The Director 6 promptly shall forward the request to the Policy Board with a recommendation. 7 Not later than thirty (30) days after the date the Policy Board receives the 8 petition, the Policy Board either shall deny the petition in writing or shall 9 initiate rulemaking proceedings. The form of the petition and the procedures 10 for consideration of the petition shall be in conformitywith the 11 Attorney General 's Model Rules of Procedure Role 137-01-070. 12 SECTION 12. EMERGENCY MEDICAL SERVICE LICENSE r. t3 A. There hereby is created an "Emergency Medical Service" license which 14 shall be obtained by all persons, including public entities, prior to doing 15 business in Washington County. 16 B. Applications shall be submitted on such forms and accompanied by 17 such Information as is required by the Director, 18 C. Unless a franchise or contract is authorized by Rule, no license Z 19 shall be denied due to competitive market impacts. U 2i3 D. No license shall be issued unless the Director first determines that: Za. n 21 21 1, A complete and accurate application has been filed; zm X°0 22 2. Proof of insurance as required by the Rules has been submitted. au, ®' 23 The insurance shall be subject to a 60 day advance notice to the Director prior Jo WO: Z° 24 to cancellation; D 4 -u$ 25 3. All requirements of this 0r(7,nance and the Rules have been com- a ( .i plied with and the Director determines the applicant and all employees will do Page 16 I business in conformance;with this Ordinance and the Rules. 4 I SECTION 13. AMBULANCE LICENSE 3 A. There hereby is established an "Ambulance License" which shall be 4 obtained prior to operating any vehicle as an ambulance in° Washington-County. e 5 Each vehicle shall be separately licensed'. 6 - B. Applications shall be submitted on such farms and accompanied by such 7 information as is required by the Director. C No license shall be issued unless it ;is first determined that: 1. The applicant holds or will be simultaneously issued an' "Emer- 10 gency Medical Services01 license; 11 2. The ambulance meets all dimensional , sanitation, equipment and 12 other standards prescribed by this Ordinance and the Rules. 13 SECTION 14. LICENSE TERMS, RENEWAL FEE A. Licenses shall be valid for twelve (12) month periods unless revoked 15 or superseded. 16 B. An application for renewal of a license shall be made no less than . R 17 thirty (30) days prior to expiration of the current license. 16 C. Inspection and tests of all vehicles, equipment and procedures shall jv - R 19 be made as provided by the Director prior to annual renewal of a license. v,. 20 D. If the licensee has made timely application for renewal, such license zV �® 21 shall not be deemed to expire, despite any stated expiration date thereon, ' Z. iEo 22 until the Director has issued a formal order of grant or denial of such renewal. 30 23 k a_ E. All license applications and renewals shall be accompanied by the wa: . QN 24 fee established by Rule. SECTION 15LICENSE DENIALREVOCATION, �z 25 . , HEARING Q0 . 6 A. In the event the Director denies an application, refuses to renew a Page 17 1 license or revokes or suspends a license, the Director shall give the appli- 2 cant or licensee written notice of the action stating clearly ,and succinctly the facts and the conclusions and,Ordinance or Rule provisions upon which the 4 action is based, advising the applicant of the right to appeal , and the time 5 within which an appeal must be filed. The applicant or licensee may submit 5 an amended application without additional fee, or may appeal as provided below. 7 B. During a license year an application upon which a license has been issued may be amended, and an amended license may be issued for the balance 9 of the original or renewed license;period. 10 C. The Director shall, upon a finding that the licensee .is doing business 11 or operating an ambulance in violation of this Ordinance or applicable Federal, 12 State, Municipal or County laws, ordinances, rules or regulations provide' 13 written notice to the licensee of the violation, and shall demand that the 14 violation be corrected within not more than thirty (30) days from the date 1 of the notice, subject to the Director's power to immediately suspend or re- 16 voke a license. The notice shall describe with reasonable certainty the 17 violation,the action necessary to correct the violation, and the possible 18 sanction if any. 19 1. ` The licensee shall be responsible for notifying the Director when 20 corrective action has been taken and the Director shall then make an inspection, 21 if necessary. 22 2. If a licensee fails to take corrective action in the time re- 23 quired, the Director may notify the licensee that the license is revoked or 24 suspended, subject to the right to appeal. Notice shall be by registered 25 mail or personally delivered. 26 D. The Director may make inspections, obtain warrants, subpoena records, P4 18. r a 1 obtain testimony under-:oath and take such other actions as are deemed neves- 4 2 sary to investigate any applicant or licensee. 3 E. A person receiving a notice from the Director of a denial, refusal to renew, suspension, revocation br violation as provided in this Ordinance y may request a hearing by filing a written request with the Director within t' 6 fourteen (14) darts of issuance of the notice, setting forth reasons for the r 7 hearing and the issues to be heard. The Director may prescribe forms for the B filing of an appeal. g ' J. Filing df a hearing request shall abate the suspension or revoca- 10 tion ;provided, however, that in any case where the Director finds a serious to the public `health or safety, the Director may issue an order making , 11 danger .q2 the action effective immediately, but if the applicant licensee demands a 13 hearing within fourteen (14) days after the date of notice of the order, then F 14 a hearing in must be granted as soon as practicable after such demand, and no 3s later than 20 days after receipt of demand for a hearing, and the Policy Board such hearing confirming, altering or revok- 15 shall issue an order pursuant to 17 ing the Director's emergency order. iB 2. The Director, upon receipt of a timely request for hearing, shall 19 promptly notify the Policy Board and shall , within fourteen (14) days, set a P days from 0 20 time and place for hearing, which shall b, not more than thirty (30) o. 21 the date of receipt of request for hearing. z° uncil of the proposed action, d 22 F. The Director shall notify the EMS Co Qw 23 The Director shall notify the Medical Advisory Board if the action is base `"a z24 on amedically related finding.- m Oj G. The hearing shall be conducted in accordance with the Rules adapted 26 by Rule for denial or revocation of permits, or if no such rules have been a Page 19 p E- I adopted, In substantial conformity with the relevant Attorney General's Model 2 Rules of Procedure, November 17, 1981. 3 N. Reconsideration; Judicial Review 4 1. The Policy Board ma, reconsider a final order upon the filing of 5 a petition for reconsideration within fourteen (14) days after issuance of 6 the order. If no action is taken by the Policy Board within fourteen (14) 7 days after the petition is filed, the petition shall be deemed denied. If 8 the petition is allowed by vote of the Policy Board, a hearing on the recon- 9 sideration shall be held and an amended order shall be issued. Only those 10* -. Policy Board members who voted in the original hearing on the appeal may vote 11 on whether to allow a petition for reconsideration. t 12 2. Review of the final decision of the Policy Board shall be taken 13 solely and exclusively by writ of review in the manner set forth in ORS 14 34.010 to 34.100. 15 SECTION 16. INTERGOVERNMENTAL AGREEMENTS 16 The County Administrator and Emergency Services Director hereby are 17 authorized to negotiate intergovernmental agreements authorizing enforcement 18 of this Ordinance within the incorporated areas of Washington County. Such 19 agreements shall be subject to approval by the Board of Commissioners. 0 20 SECTION 17. PROHIBITED ACTIVITIES Z. 21 No applicant or licensee, applicant's or licensee's employee or any u22 other person doing business as defined hereunder shall: <W :! 23 A. Make a false statement of a material fact, or omit disclosure of a -Jo WM ZN 24 material fact, in an application for a license; J f, 25 B. Monitor or intercept emergency medical services communications for 4 ?i profit or gain, Page 20 4.. 1 C. Solicit information as to accident locations by payment of any form 2 of gratuity; 3q D. Charge for services not performed or make duplicate charges for the 4 same service; 5 E. Perform services of an:EMT or EMT trainee unless authorized by State 6 law, this Ordinance and the Rules adopted hereunder; 7 F. Contact by radio or telephone for:the purpose of receiving medical 3 advice, a hospital which has not been approved as a medical resource hospital . 9 under the rules adopted in this Ordinance. Nothing in this Ordinance shall 10 prevent an EMT from contacting the patient's private physician or the licensee's 11 physician` advisor. 12 G. Fail or refuse to respond to notice of a medical emergency from an 13 authorized alarm/dispatch center when the ambulance subject to call is avail 14 able for service; 15 H. Falsify, deface or obliterate any license or certificate required 16 under this Ordinance; 17 I. Transport an emergency patient in any vehicle other than a licensed 18 ambulance; or z19 J. Violate any provision of the Ordinance or any Rule duly enacted here- 0 U, ere-o^ 20- under. z 21 SECTION 18. TRANSITION No 22 A. Notwithstanding any other provision, the EMS Policy Board shall not QW �0 23 be established until such time as intergovernmental agreements, as provided WM z® 24 in 16, are entered into by the Board and the respective City Councils of ,v 25 three (3) incorporated-cities. The Policy Board shall be empowered to per- 0 26 form the duties and responsibilities set forth in this Ordinance on the U F' e 21 E. r 1 k thirteenth day after the filing with the Clerk of the Board of the resolu- 2 tions appointing the members set forth in Section 5A. ¢ B. Until such time as the 3 ;Policy Board is established and empowered f as-provided above, the Board of County Commissioners shall act as the Policy i Board. ess in Washington County on the effective C. All persons doing busin4 7 date of,.this Ordinance shall have 30 days from the date of notice of avail- .. 4 .m 8 ° . ability from the Director to file an application for the licenses provided ti g. for herein. In the interim, all persons currently doing business or commenc- iD ing to do business shall comply with the provisions of this Ordinance and the 11 Rules as if they were licensees. 12 SECTIQ�I�_19- RIS FUND 3 There hereby is established an ENS fund to be administered by the 14 County Department of Finance or its successor. All license, inspection or 15 other such fees shall be deposited in this fund. All such fees shall be dedi- 16 cated to, and used only for, payment of the costs of administering the EMS 17 regulatory system provided for in this Ordinance, including compensation for is the Director and support personnel, equipment, supplies, legal costs and 19 overhead. u� 2b SECT 20•. PEM 21 Am In addition to any other provision, a violation of any provision of z �0 22 this Ordinance or the Rules adopted pursuant to this Ordinance shall be punishcnO - �� 23 able by a fine of not more than $250.O0 per occurrence. .Each day of violation J p' �0 24 is deemed a separate occurrence. �� B. Violators shall be cited and prosecuted pursuant to the Washington - 26 County Uniform Citation procedures. 0 Pie 22 1; READING PUBLIC HEARING 2 First 4-26-83 5-10-83 3Second 5-3=83 5-17-83 4 Third 5-10-83 S' kWvf/ Fourth 5-17-83 6 Vote Aye Myllenbeck, Warren, sleek, Killpack (Hays absent) 7 Nay Recording Secretary s 20 Qat 11 12 13 - 15 16 ' 17 19 19 a .. °, 20 - z A 21 z° z22 io - Lno ¢W a 23 00 24 - sa 25 26 --ge 24 ORDINANCE N0. 277 -A-Engrosses K: a! x SECTION 21 . SEYERABIIITY a If any portion of this Ordinance or the Rules adopted hereunder are for 3 any reason held invalid or unconstitutional , the remainder shall not be af- 4 rested thereby and shall remain In full 'force and effect. SECTION 22... EMERGENCY 6 To protect the health, safety and welfare of the people of Washington 7 County, by providing for the efficient and effective provision of emergency ambulance services, an emergency hereby is declared to exist and this Ordi 91 nance shall become effective upon adoption by the Board of County Commissioners 20 of Washington County, Oregon. 11 ENACTED this 17thday of May 1983, being the date of the 12 4th reading and d public hearing before the Board of County Com Y r3 missioners of Washington County, Oregon. f4 BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY, OREGON I5 16 airman 17 18 e or ing ecre a y 19 .a U,, 2G° ® 21 z� vis 22 %nO A` 23 wQ Z® 24 na QJ �< _28 0 Page 23 Ordinance No. 277 A-Engrossed FA FAMILY TOWN City of Cornelius 1365 N. Barlow Street P.O. Sox 607, Cornelius, Oregon 97113 Water Dept.357-9112 Police Dept.357-2184 City Manager 648-1197 MEMORANDUM TO: WASHINGTON COUNTY MANAGERS FROM: MARK ARBUiHNOT, CITY MANAGER SUBJECT: PROPOSED INTERGOVERNMENTAL AGREEMENT BETWEEN WASHINGTON COUNTY AND CITIES-RELATING TO EMERGENCY AMBULANCE SERVICE DATE: MAY 3, 1984 I am providing you with a copy of our City Attorney's opinion on the proposed Ambulance Agreement with Washington'County. .,. As you can read in the opinion the Agreement could create a liability for the Cities. This is provided for your information. pc: Beaverton - Mayor Durham •- City Administrator Forest Grove - City Manager Hillsboro - City Manager Sherwood - City Manager vTigard - City Manager Tualatin City Administrator 4 1 s' { i ' LAW OFFICES SCHWENN, BRAOLEY, BATCHELOR ANO BRISBEE v O.BOX 567 139 N._ LINCOLN W.C.SCHWENN ' HILLSBO RO, OREGON 97123 CARRELL F. BRADLEY ; D.MAR L.BATCHELOR TCLEPNONE i - LARRY A_BRISBEE:. .. ' WILLIAM H..STOCKTON - ft April 24, 1984 E. s; a s Mr. Mark Arbuthnot City of :Cornelius City Hall Cornelius, Oregon 97113 RE: Proposed Intergovernmental Agreement Between Washington County and Cities Relating to Emergency Ambulance Service' t Dear Marc• U I have completed my review of the proposed Intergovernmental Agreement between the City and Washington Count yorfO�aPer�°mitsses oof g enforcing County Ordinance No. 277 within the c p the City. i In addition to sharing the concerns expressed by the project team for the City of Forest Grove, I have the following concern: The Ordinance establishes a Medical Advisory Board and Policy Board. The EMS Policy Board includes representation of the the Board adopts Administrative Rules for Cities. Significantly, the purpose of licensing, inspecting and regulating the emergency ambulance system (Section 5) . Further, the policy tBoard otocals empowered to adopt rules and regulations relating for prehospital patient care, emergency equipment , s and EMT .training I and medications; " and to °tperiodically review*th*e*P*1tci(Section procedures of hospitals receiving ambulances 8.D.2 and 3). A more specific identificationdoisthe setscope forrthoin rules which may be adopted by the Policy to Section 9 of the Ordinance, They include rules relating personnel standards , monitoring performance, mandating and testing acceptable knowledge of response and medical protocols, continuing education, medical operating procedures, gene procedures, required insurance coverage and other related items, w KIM F LAW OFFICES . F SCHWENK BRAOLEY, BATCHELOR, BRISBEE ANO STOCKTON ` Mr. Mark Arbuthnot City of Cornelius April 211,`` 1984 Page Two To the extent that the City is a party to the Intergovernmental ance, the City Agreement in the - enforcemrelatingent of hto thennegligent performanceis oofd # to the risk of liability by the Ordinance or the failure to tly, it obligations created ; obligations required by the Ordinance. Most significantly, creates a realm of liability which does not ex t but for the obligations created by the ordinance. Stated otherwise, has no statutory or general law obligation's to regulate emergency s ambulance vehicles and the employees of such businesses within the City. Its obligation to regulate is `a function and result of the provisions of the Ordinance. To the extent that it obligatory p j negligently performs the obligations `created by the fails to perform the obligations created by the Ordinance, City is exposed to liability for injury or drmskerty eof neglto igence is proximately caused by such the City not avoided by the fact that St enforcing Stated otherwise,its °thegations County by and through the County Ordinance.` It and Stas Ordinance becomes the nlof of the City vernmental�Agreementewhiof ch the City only by reason authorizes the enforcement of the Ordinance by the County. A 1979 Opinion of the Oregon Supreme Court illustrates my concern. In Brennen v Citi of Eugene, 285 Or 401 (1979) , adthe issue ow f hether a municipality can be held liable addressed damages when its employee issues a taxi cab license to an in applicant who does not possess the minimum liability insurance required by City Ordinance. In the Brennen case, adopted legislation regulating the operation of taxi cabs in the City. Part of the legislation included a requirement or obligation that the licensee provide minimum liability insurance. The City employee failed to require the necessary minimum liability insurance from the licensee. Brennen, ssenger inPaptaxitcab in the proceeding, was riding as a paying pasis operated by the licensee• Bnlicense that renen sued te Citit was negligent in issuing then he that the minimum liability insurance had been posted. In a word, the City had created an obligation for,nsurance. lation Itslfailuref by gtoldischarge requiring minimum liability under a theory the liability it had created resulted in liability of negligence. The Court stated: "We therefore hold that the municipal employee who issued the taxi cab license to (the licensee) had a duty to exercise rming this function so as to avoid reasonable care in perfo creating a foreseeable risk of harm to others. " m LAW OFF-ICES SCHWENN, BRAOLEY. BATCHELOR, BRISBEE ANO'STOCKTON Mr. Mark Arbuthnot City of Cornelius d. April 24, 1984 Page Three To the :extent that the proposed Ordinance gives the authority to the Policy Board and probably imposes an obligation upon the Policy Board to adopt Administrative Rules relating to such things as "medical operating procedures, general operating procedures, medically related personnel standards," and other matters which could 'directly relate to the level of treatment received by patients using the emergency ambulance services, I believe that the City should be cautious in entering into such an agreement. My concern is not intended as an argument that the City should not enter into the Agreement; my concern relates more 'directly to the necessity to provide an organizational arrangement which can keep close watch over the 'adoption and administration of Administrative- Rules and the adequate provision of insurance coveragesfor the. risks identified. Please let me know if you need further comment or explanation. Y Yo uru if truly, U;a DL,B;eis 4 y _ _ F ' \ S A- ore { ,4 fi ��4 ` rove June 12, 1984 Mr. Donald D. Stilwell County Administrator Washington County Administration Building } 150 N. First Avenue Hillsboro, Oregon 97123 Re: Washington County Ordinance #277 . t 1> DearDon• s The Forest Grove City Council, at its June 11 meeting, once ,again considered Washington County Ordinance #277 and the Intergovernmental Agreement authorized through that ordinance. You are well aware of the concerns which Forest Grove and other city officials have regarding F this issue, and your attempts to address these concerns are greatly appreciated. However, in weighing the benefits against the costs, at least in the case of Forest Grove, it does not appear to be in the best ' interest of the city to enter into the Intergoverrrnental Agreement with Washington County. Consequently, please be advised that a motion was passed by the Forest Grove City Council stating its intent not to enter into the Intergovernmental Agreement that is part of Washington County Ordinance #277. A copy of staff reports detailing the position of the r City of Forest Grove and presented at the June 11 Council meeting are enclosed for your information € If you have any questions, please feel free to contact me. t Sincerely, Michael E. Solomon City Manager PIES:za Enc, (2) cc: David G. Frost, City Attorney CITY OF FOREST GROVE P.O. Box 326 Forest Grove, Oregon 97116 (503) 357-7151 a June 7 , 1984 Y REPORT EMERGENCY MEDICAL SERVICES ORDINANCE (Washington County Ordinance #277) PROJECT TEAM: Mike Solomon, City Manager -- _ Bob Davis, Fire Chief Dave Frost, City Attorney Y e BACKGROUND: For a_number ofmonths, representatives of the City -- of Forest Grove', Washington County municipalities, and jurisdictions and 'Washington County officials have been discussing Washington County Ordinance #277. This ordinance � regulates ambulance service within Washington County. The Forest Grove ,City Council, at the March 12, 1984, meeting, elected not to sign the Intergovernmental Agreement that would activate Forest Grove' sparticipation with the County. A ' March 13 1984, letter to Washington County Administrator Don Stilwell outlined areas of concern regarding Forest Grove' s participation'. A response to that letter was received on April 17. Since that time, several meetings have been held � with local and county officials in an attempt to further clari- ,. fy the situation. Washington County has, in a May 16, 1984, letter, asked for a final decision on the issue by June 'l5, 1984. ANALYSIS: A great deal of time and effort has been spent by both local and county officials in attempting to answer the numerous questions surrounding Washington County F Ordinance x;=277. There are, however, still a great many of unanswered questions. The April 24, 1984, memo from the Cornelius City Attorney, the May 31, 1984, memo from our own City Attorney, as well as many of the questions in the March 13, 1984, letter from the City of Forest Grove serve to underline the complexity of the issue. Three major areas of concern, in 4 the opinion of staff, present the most formidable obstacle to resolution of this situation. These are: 4 (.1) LIABILITY. The bottom line here is that, by entering into tie Intergovernmental Agreement, the City clearly ¢ incurs a liability which it presently does not have. Granted, the lead agency in the administration of ambulance service is Washington County; nonetheless, a participating city would also be exposing itself to increased exposure if litigation were to arise surrounding the provision of ambulance service. (2) COSTS. Washington County has indicated that the ambu- ance"operation will be funded through collection of license fees and revenue generated by ambulance service companies' charges for services . Presently, a proposed budget of $30,000 x $38,000 is being developed. The license fees will not cover this and there is an indication that the increased costs for service (see the 5/31/84 Frost memo) will not generate enough to fund the operation. In short, a concern exists that, by creating this operation, increased costs will be eventually incurred by cities and/or ambulance customers. WO -2- (3) NECESSITY. The authority through which the County, is _developing this mechanism is State law and is clearly within their (the County's) powers. The approach ie, dividing the County into specific ambulance service areas - is a matter of question. It is the opinion of City staff - including Attorney Frost - that the County is not mandated to parcel the entire County into districts and, in fact, by doing so, a problem is being created for Washing on County ,that previously did not exist. Specifically, beczise of the service area designation, t our ambulance' provider - I !'tro West -' may 'eventually be "forced to decrease the numberof imbulances -in the area. RECOld ENDATION: The recoi :endation of City staff is that the County b notified that the City of Forest Grove chooses not to sign_ he Intergovernmental Agreement. k ATTACHMENTS: May 31, 19 + letter from City Attorney Frost regard- F, ing imposi ion of fees within the City of Forest Grove. May 16, 1184 letter from Washington County Admini- strator =Stilwell 'asking ' for a formal response by June 15, 1984. April 24 1984 letter from Cornelius City Attorney t Batchelor speaking to the liability issue. April 17, 1984 letter from Washington County Admini- q strator Stilwell in response to March 13 letter from City Manager Solomon. i March 13, 1984 letter from City Manager Solomon out- z lining areas of concern. February 15, 1984 letter from Washington County f Administrator Stilwell, including Ordinance #277. } l gg f E i FROST 8 KOHL ATTORNEYS AT I.AW DAVID G.FROST P.O.BOX SSG TFLEPf ONE THOMAS W.KOHL .451 S.FIRST AVENUE,SUITE 700 (503)`6,10-2661 HILLSBORO.OREGON 97123-0586 RECEVeD .1UN -1 7984 May 31. 194 Citv Of Fore,, �€Grove Michael Solomon, City Manager City' of -Forest Grove P."4'. Box 326 Forest Grove, OR 97116 Dear Mike: RE EMERGENCY MEDICAL SERVICES ORDINANCE (Washington County ordinance No. 277) As you requested, I have again reviewed Washington County Ordinance No. 277 (the Emergency Medical Services ordinance) ,'.thc proposed inter-governmental agreement and the proposed means of funding the services proposed to be provided under the ordinance. As I understanding the funding scheme, $6.40 will be charged and collected by each ambulance franchisee for each transport made by the ambulance company. This sum will be charged to the person requesting the service and, upon receipt, ' the ambulance company will deduct 25% for its costs and remit the remainder to the County. Under Section 19 of the ordinance, these funds are dedicated to the EMS fund. I think it is very clear that if the City of Forest Grove does not enter into the inter-governmental agreement, that the County does not have the power to franchise ambulance services within the city. This is recognized in Section 9 A. 14 of the ordinance which states: "No franchise shall be effective within an incorporated city unless the city has consented by inter-governmental agreement.". It would seem to follow that if the County does not have the power to regulate within the cityo it also does not have the power to require that fees be collected by ambulance companies providing services within the city. I suspect this could cause a serious revenue shortfall if a number of cities do not execute the inter-governmental agreement. r r Michael Solomon, City Manager Page Two May; 31, 1984 This would lead to a number of interesting; scenarios, Since Forest Grove.Community ;Hospital `is located within the city limits an ambulance pickup within the city with delivery to the 'hospital would not be regulated If Cornelius chooses not to sign the agreement, then a"'transport' from anywhere within the city limits of Cornelius and Forest Grave to the Forest Grove hospital would not be subject to regulation. A transport from either Cornelius or Forest Grove to'Tuality Community Hospitals assuming Hillsboro did not sign the agreement, would mean a short run through;the unincorporated area of the County. While technically ;the regulations would apply to the unincorporated area, an attempt by the County to impose a fee for this minimal contact would be questionable` It is my understanding that the rules which would impose ;the fees have not been drafted, so it is 'impossible'to be more specific at this time. `eery truly yours, .. FM £, KOHL DAVID G. FROST DGF:emh .. s { is 1 S s Mar ch 13 , 1934 `Donald Stilwell, Count* Administrator Washington County 150 :+orth First Avenue Hillsboro, OP.' 97123 Dear Don: At their March 12, 1984 meeting, the Forest Grove City Coun- cil_ considered the provisions of County Ordinance No. 277, and the Intergovernmental Agreement we have received regarding emer- gency ambulance service, implementing the 'ordinance.within Forest Grove City limits Council passed a motion unanimously that you be; advised of some concerns Council shares regarding the provisions of the 'Ordin- ance and the Agreement. These concerns can be described as follows: 1. The composition of the Policy Board raises questions of adequate representation of interests for all jurisdictions. Who -able if private ambulance withdrew ser- would be responsible and lvices in Forest Grove? 2. The lines of responsibility between the various Boards and Advisory Councils are not clear. For example, the Policy Board et oversees the administration and enforcement of the Ordinance, the EMS Advisory Council advises both the Policy Board and the Board of County Commissioners. 3. It is unclear to whom the EMS Director reports. The oend ance has conflicting statements. The Policy Board is to recormend to the Board of commissioners in the appointment, yet it states the County Administrator will appoint the Director. 3 4. The size of the EMS Advisory Council is so large, it could become ineffective. If all the entities named participated, the Council could consist of 50 people. 5. The licensing and inspection fees go to support the costs of administering the Ordinance. Who picks up the rest of the costs? The annual cost of the program' s peronnel alone is almost $34,000. Licensing fees will generate only $20,000. .i y CITY OF FOREST GROVE P.O. Box 326 I"orest Grove, Oregon 97116 (5o 3`_)7 7151 6. ljhv has the Countv hired staff prior to offering the Inter- governmental Agreement and°Drior to the establishment of the iolic,J Board? ' Washington County contracted with Multnomah Count„ for the W Dart-time services of its EMS Director, and you have now hired a full-time Director. Council agreed that there are too many questions and unresolved issues for the City of Forest Grove to consider entering into the Intergovernmental Agreement, at' this` tine. 'The question was also raised as to why the County has chosen at this time to institute an emergency ambulance service ordinance, when ORS provisions relating to this issue have been on the books since 1977 . q We will appreciate your reply to our concerns, and look: forward to cooperating with you on this important matter. Sincerely, i I Michael E. Solomon City Manager MEScnhw 1 cc W.G. Paterson, 'Mayor David Frost, City Attorney ` Bob Davis, Fire Chief 1 � 1 1 a_a y C WASHINGTON COUNTY RECEIVED ADMINISTRATION BUILDING—150 N. FIRST AVENUE APR 2 3 1984 HILLSBORO, OREGON 97123 ON of Forest Grove ® � Q� BOARD OF COMMISSIONERS WES MYLLENBECK, Chairman COUNTY ADMINISTRATOR BONNIE LHAYS,Vice Chairman ROOM 418 EVA M. KILLPACK (503!648$67& JOHN E.MEEK LUCILLE WARREN April 17, 1984 Michael Solomon, City Manager City of 'Forest ,Grove P.O. Box 326 Forest Grove, Oregon 97116 Dear 'Mike• The; purpose of this letter is to respond to the concerns identified in your letter of March 13, ;1984, regarding,County Ordinance #277 and the proposed Intergovernmental Agreements between the County and the cities within the County. As you are aware, in order to establish a viable Emergency Medical Services (EMS) system in Washington County, it is important that the cities participate in the development of the system. I hope the information provided in this letter will answer your questions. The concerns in our letter are addressed in the order they were presented. 1. "The composition of the Policy Board raises questions of adequate represen- tation of interests for all jurisdictions. Who would be responsible and liable if private ambulance withdrew services in Forest Grove? The make up of the EMS Policy Board consists of one County Commissioner, two representatives of cities within the County and two representatives of rural fire districts that do not provide service to a city with an elected official on the Policy Board. All members must be elected officials of their respective Jurisdictions. Cities that have signed the Intergovernmental Agreements adopting Ordinance No. 277 will choose the representatives from their elected officials. The cities participating will meet and decide among themselves who those represen- tatives will be. The same method will be used by the fire districts to select their representatives. A two year term of service would allow the cities or fire districts to change Policy Board members if it was felt necessary. The cities or fire districts could also petition the Board of Commissioners for replacement of a Policy Board member (Ord. No. 277 Sec. 5-B), Currently if a private ambulance provider withdrew from a city, that city would have to determine if the ambulance coverage in the city was adequate. This would not change with adoption of Ordinance No. 277, an equal opportunity employer April 17, `1984 Page 2 If a private ambulance provider withdrew from a city participating in the EMS System, the Policy Board, through the EMS Office and EMS Council , would assist the city affected in assessing the city's EMS needs. If it was determined that ambulance coverage was inadequate, then steps could be taken to insure proper coverage. One avenue 'would be to change ambulance service areas to provide efficient and effective EMS in that city. 2. "The lines of responsibility between the various boards and advisory coun- cils are not clear. For example, the Policy Board oversees the administra- tion and enforcement of the Ordinance, yet the EMS Advisory Council advises both the Policy Board and the Board oil Commissioners." (for`ordinance and rule only) Board of Commissioners EMS o icy Boards r EMS Director F . EMS Medical To provide staff � . Advisory -------------------- Advisory services, technical Council Board advice and research day to day administra- tion for all boards u committees I Subcommittees and councils as Needed las Needed The Board of Commissioners was chosen to delegate managerial authority to the EMS Policy Board. The Board of Commissioners does retain final authority on matters of action on Ordinance or Administrative Rule. Given this delegation of authority, the EMS Advisory Council is intended to act as an advisory body to both the EMS Policy Board and the Board of Commissioners The EMS Advisory Council is not limited to advising only one body. 3, "It is unclear to whom the EMS Director reports. The Ordinance has conflicting statements. The Policy Board is to recommend to the Board of Commissioners in the appointment, yet it states the County Administrator will appoint the Director." The EMS Director reports to the EMS Policy Board and the County Administrator. The EMS Policy Board will set a guide or schedule of items and projects to pur- sue. The EMS Director will also seek guidance from the EMS Advisory Council on the priority assigned various tasks. ME April 17, 1984 Page 3 The Board of Commissioners is empowered to act as the EMS Policy Board on an interim_basis until such time as at least three cities have signed the Intergovernmental Agreement adopting Ordinance No. 277 (Ord 4277, Sec. 18, A & B). Acting as the EMS Policy Board during this ;time, the Commissioners took recommendations on the hiring of an EMS Director. At this time the:services of an EMS Director and Associate Director are provided by contract with Multnomah County EMS. This contract calls for Multnomah County to provide a full-time Associate Director. Washington County is to provide cleri- cal support and office facilities. This contract expires July 1, 1984. At such time as Washington County hires staff, the EMS Policy Board will advise t the Board of Commissioners on the hiring of a Director. The County v Administrator will maketheactual appointment. 4 4. "The size of the EMS Advisory Council is so large, it could become ineffec- tive. If;all entities named participated, the Council could consist of 50 people." The makeup of the EMS Council did not change with the 'adoption of Ordinance s No. 277. It is the same membership the EMS Council started with in 1975. In the past nine years, the Council has not experienced any difficulty with the 4 number of people attending the 'meetings. Attendance at the meetings averages about 20 people. 5. "The licensing and inspection fees go to support the costs ofadministering {' the Ordinance. Who picks up the rest of the costs? The annual cost of the program's personnel alone is almost $34,000.00. Licensing fees will generate only $20,000.00." We are currently researching options for funding of the EMS office. As these plans are developed and put into final form, they will be presented to the mem- bers of the EMS community for consideration, review and comment. The Board of Commissioner's goal is to make the EMS Office self-sufficient. s 6. "Why has County hired staff prior to offering the Intergovernmental f Agreement and prior to establishment of the Policy Board? Washington county contracted with Multnomah County for the part-time services of its EMS Director, and you have now hired a full-time Director." The Board of Commissioners, acting as the interim EMS Policy Board, determined it was necessary to get the EMS program functioning as quickly as possible. It was determined that the ambulance service area boundaries should be established as well as basic personnel, equipment and dispatch protocols. It was also determined that an administrator for the program was needed to assist all par- ties in establishing initial rules and to work with the cities regarding the Intergovernmental Agreements. r, For all the reasons listed above, the Board of Commissioners signed an agreement with Multnomah County in October of 1983 to provide Washington County with a ll-time Associate Director. This agreement is in part-time ETAS Director and a fu effect until July 1, 1984. f 4 1 April 17, 1984 Page 4 �I 7 "The question was also raised as to why the County has chosen;at this time to institute an emergency ambulance services ordinance, when ORS provisions relating to this issue have been on the books since 1977.° The ground work for establishing an EMS Ordinance began in 1981 in response to . HB 2237. HB 2237 'puts the responsibility on counties for establishing regula- tions concerning EMS and establishing ambulance service areas. In prior years g, the EMS section of the State Health Division was responsible for overseeing € these:functions. With the loss of Federal funds, the State EMS Office could:no longer fulfill these functions. HB 2237 was passed by the Oregon State Legislature in the 1981 Legislative Session, A desire on the part of the EMS Community for professional, efficient and effec- tive Emergency Medical Services also spurred efforts towards an ordinance. Rules regarding personnel , equipment and dispatching standards as well as � . ambulance service 'areas are now in effect. In the next few months rules regarding treatment protocols, trauma patients and use of helicopters will need to be developed. The goal is to provide the best possible Emergency Medical Services to the citi- zens of Washington County. The County's adoption of Ordinance No. 277 and the adoption of the Ordinance by the cities through Intergovernmental Agreement will enable<this 'goal to be achieved. If you have additional questions or desire further clarification of these mat- ters, please feel free to contact my office or John Robertson, Associate EMS Director (648-8815) Sincerely, Donald D. Stilwell County Administrator Washington County "t. f .. CITY OF TUALATIN 138380 SW MARTINAZZI AVE. PO BOX 369 TUALATIN,OREGON 97062-0369 (503)692-2000 June 5, 1984 City Council City of Tualatin Members of the Council : INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON COUNTY FOR ENFORCEMENT OF EMERGENCY MEDICAL SERVICES REGULATIONS IN THE CITY Attached is a proposed Intergovernmental Agreement between the City of Tualatin and Washington County. The Agreement provides for enforcement of Washington. County Ordinance No. 277 (attached) which regulates emer- gency ambulance services. The Washington County Board of Commissioners adopted Ordinance No. 277 in response to State legislationwhich required each county to estab- lish ambulance service areas. However, Washington County, in addition` to establishing ambulance service areas also, by Ordinance'No. 277, �._ adopted regulations concerning the provision of ambulance service. In addition, the ordinance establishes advisory committees to review and propose regulations. In order to carry out the regulations of Ordinance No. 277, the County has hired an Emergency Services Coordinator, and it is this individual 's responsibility to assure compliance with the regu- lations, ' In order for these regulations to be enforced in the City of Tualatin, it is necessary for the City and County to enter into an Intergovern- mental Agreement, which allows the County to enforce the regulations. By executing the attached agreement, the City would authorize enforce- ment of the regulations in the City. Staff has attended a number of meetings regarding the proposed ambulance service regulations and their affect on the City of Tualatin. After attending these meetings and discussions with other cities involved, it is staff's belief that it is not in the best interest of the City of Tualatin to execute this Intergovernmental Agreement with Washington County. The reason for this recommendation not to adopt the agreement is based on three main points: 1. The cost involved in enforcement. 2. The potential liability. 3. The necessity for such regulations. 0 NA City Council June 5, 1984 Page -2- In 'order to ensure enforcement of the regulations by ambulance service pro- viders, it is 'necessary for Washington County to hire additional staff. It is proposed that this staff will be self-supporting or, in other words', not tax supported. However, the mechanism for being self-sufficient is to add an additionalcharge on to each ambulance service user to pay for the cost of enforcement. These costs will then be passed on to local cit- izens who would have the need to use ambulance services. In 'addition, staff is concerned that, should these add-on fees not be sufficient, the . City may incur some obligation to help fund the emergency medical services staff. As further discussed below, the staff does not believe that the added costs either to users or potentially to the City itself, are a nec- essary expense which should be incurred. In addition to cost, the potential liability from enforcement of the reg- ulations is a major concern to the City. If, by the Intergovernmental Agreement, we approve the `regulations `'and the enforcement of them, we would also incur liability for a failure to adequately'enforce the regu- lations. ' In the area of emergency medical services, this could be a potentially large liability, as is evidenced in the current trend in mal- practice suits`. While many activities which the _City conducts carry a potential for liability, the judgement of whether to incur that liability is ;generally based on the benefits derived from the regulations proposed. In the case of the emergency medical services regulations, it does not appear that the benefits are great enough to outweigh the significant liability, which could result from the enforcement of the regulations. In reviewing the proposed regulations and the current situation in the ' City of Tualatin, there does not appear to be a necessity for the adopt- ion of these new regulations. This assessment is based on the fact that the Tualatin Rural Fire Protection District provides the majority of the emergency medical services in our area, except for transporting, which is done by the private ambulance companies. In rzddition, ambulance ser- vice providers are also regulated by the State Health Division and it is, therefore, questionable whether additional local rules are a necess- ity. This is particularly the case when the added cost of enforcement and the potential liability are taken into account. By not executing the Intergovernmental Agreement with Washington County, the City of ;Tualatin will not have representation on the emergency med- ical services policy board. This lack of representation does not appear significant when weighed against the other policy considerations involved in becoming a past of the emergency medical services program. RECOMMENDATION The staff respectfully recommends that the Council not authorize execu- tion of the emergency medical services intergovernmental agreement with Washington County, and that the City administrator be directed to send a letter to Washington County informing the County of the City's decision. Sincerely, Stephen A. Rhodes City Administrator SAR/in ATTACHMENT WASHINGTON COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL Minutes of the regular meeting;of the Washington County EMS Advisory Council held on May 17, 1984 at Washington County Courthouse, Hillsboro, Oregon. The following people were in attendance: Frank Outman Beaverton Fire Department John Robertson EMS LairdBlanchard Wahington County Fire District #1 Stephen Dean EMS David Long Life Flight,- Emanuel Hospital Marvin WrightForest Grove Fire District Larry L. Hatch Forest Grove 911 'Center J.D. Fuiten' Metro-Test Ambulance Susan Somers Tuality Hospital Russell Gubele Tualatin Valley Ambulance Melvin M. 'Brunson Tualatin Valley Ambulance € Harry J. Lilia Health Care Consumer Pat Southard Tualatin Fire District a. Steve White, MD St. Vincent Hospital Larry Eckhardt Washington County Fire District #2 Paul Lesage Washington County Fire District #1 Dick J. Slinger Washington County Communications Scout Koehler Hillsboro Fire Department j The meeting was called to order at 0930 hours by Frank Oulman, Chairperson. Introductions were made of all present. f MINUTES John noted two corrections that were necessary in the April 19th minutes; 1) Pg.2, under Peer Review, change "Brad Katner" to "Brad Kastner". 2) Pg.4, under New Business discussing EMT-2D program at Hillsboro Fire Dept., change "Brad requested feedback from the Council on the p blem•" to ".••.on the ro roram•ls Motion made and seconded to accept the minutes as corrected. Passed. EMS DIRECTORS REPORT John Robertson reported that after the Washington County Public Official's Caucus on May 1f thetCounty's intentionitocformstheat have permanenttEMS9ned Policyto the Board o stem Junei18�,r1984 ing o . them o A copy of the proposed budget for the EMS Office was made available to those present at the meeting (a copy of the budget may be obtained from the EMS Office if desired). Johhtold the Council that the County Counsel's Office had reviewed the fee-for-service proposal and had issued an opinion that the concept was legal. Based on figures supplied by the providers, an initial charge of $6.40 per emergency transport has been proposed. The providers would keep $1.60 of the fee to cover administrative costs and uncollectables. Staff then requested that a recommendation be made by the Council to the Board of commisioners regarding the budget for the EMS Office. i EMS COUNCIL May 17, 1984 Page 2 Motion made to recommend adoption of the presented budget to the Board. Seconded. Discussion: J.D. stated that he had concerns with funding a dull time Director. When initially adopted, the County was going to contribute approximately $12,000 of General Fund monies to the system. Then on 2-14-84 the Board of cemmisioners voted to make the system self-funding. J.D. felt that the initial $20,000 figure had expanded SOX beyond the initial reccomendation. Mary Wright and Larry Eckhardt both indicated that their respective agencies did not support a full time Director. Larry Hatch felt that there was not enough;work to justify a full time Director for the system.; Steve Dean pointed out that the system in Washington County is more complex than that in Multnomah County. Multnomah'County employs a full time Director, a full time Associate Director and 'a full time clerk. Fat Southard stated that when the program was started, the initial budget figure may have been too low, since no one had a good feeling for what the system would require. Steve White noted it was easier to scale down as program if necessary, as opposed to trying to increase it. Steve W. also asked about cost increases to consumers, specifically what mount could be contributed to the Ordinance. J.D. responded that it cost approximately $200,000 per year to maintain one ALS ambulance. With three additional ambulances in the County, $600,000 was being passed on to the consumers, since call volume had not increased. Steve W. noted that to prevent further uncontrolled growth of ambulance service, thus Increasing the total number of units the system had to support, a system was needed. He felt that the system in place (Ordinance 277) may actually be a benefit to the a: consumers in the long run. J.D. Expressed his concern that the size of the EMS Office had been changed by the Board of C> isioners, then financial support was withdrawn. The proposed fee-for- service concept represented an additional cost to the consumer. Fat S. asked if the current license fees were being passed on to the consumer. She aaoted the proposed fee structure simply itemized the cost to the consumer. Frank 0. noted that the results of recent elections indicated people were in favor of of user ffeeas as opposed to general taxes. Mary W. felt that West County was paying a aal.rge percentage of the cost, and receiving-- , Tittle benefit. Larry H. felt the position had expanded without control. EMS COUNCIL May 17, 1984 Page 3 Steve D. noted the concerns expressed by several cities regarding negligence in enforcement of the Ordinance and the resulting liability. To properly enforce the Ordinance and all aspects of the system, a'full time Director is required. He also noted the County had concerns of properly enforcing the Ordinance and wanted a full-time Director for the system. Larry H and Mary W. again expressed concern of there being enough work to justify a full time person. staff will provide a list of duties of the Director. J.D. stated he had problems with some of the things he had seen done by EMS in Multnamah County, especially & report done for handling a number of casualties from a war in the Mid-East. He felt that was not necessarily a function of the EMS Office. Steve D. responded that that particular survey or project had been done at the request of :the Dept. of Defense. Such requests are made to the EMS council and the Council determines their priority. Steve W. stated he felt that West County did benefit from the Ordinance. if there was too great a' lose of revenue in East County, forcing a ;cutbsck in service, West County would also,be affected. If a unit was lost in ;West County, the service area could be changed to allow another provider to serve those areas..The"Ordinance helps insure ALS coverage to West County in a timely manner. Steve ,also felt if there were,problems between East and West County, those problems needed to be brought out and discussed. t` Frank 0. stated that the East County, through patient volume, would support a large portion of the budget and that West County would benefit from the services of the Director. Laird B. Called for Question A. voice vote was too close to call, so a show of hands was asked for. The motion failed 5 to 3. There was much discussion as to who could vote and what procedure should be used to vote as a proxy. it was decided that anyone voting for an organization other than their own should submit a letter of authorization from the urgaanization(s) they were voting for, There was also a question as to what a "governmental jurisdiction" was as stated in Ordinance 277. Steve D. left the meeting to confer with County Counsel. Steve responded back that each jurisdiction (county, city, rural fire district, etc.) had only one vote irregardless of the number of representatives they might have on the Council. Due to the question of who could vote, it was suggested that information on duties of the Director and other concerns be made available to the Council members. Steve D. again left the meeting to check with Administration on when a formal recommendation needed to be presented. He reported back that the Budget Committee needed input for hearings on June k, S 6 6. J.D. suggested a special meeting pr4or to the Budget Coittee meetings. EMS COUNCIL May 17, 1984 Page 4 Larry E. moved to meet on May 30, 1984 at 0930 hrs. Place to be determined by John and noted in the notice of meeting to be sent out. Seconded and passed. SUB-COMMITTEE REPORTS Peer° Review - Paul Lesage Paul reported three items to be brought before the MAB, 5-17-84. 1) Should Treatment Protocols be change temporarily? It was felt that with the possibility of standardizing protocols used by Washington S Multnomah Counties, it was best to wait the 3050 days to see the competed protocols from Multnomah County. - 2) Addition of another representative from MetroWest.'The group decided at the last meeting to.allow one (1) representative for each thirty (30) EMT's an agency employs. Metro-West will add another Paramedic to,the Peer Review Committee. 3) Standing Orders Tests. A test used by Buck was distributed at the meeting and it was agreed that a similar test would be of benefit as a refresher excercise. It was noted that any test should wait until something is done with the Treatment Protocols. MEDICAL ADVISORY BOARD" Steve White, MD There was no meeting last month. The MAR will review Treatment Protocols and Dispatch Protocols at the meeting 5-17-84. Emergency Rule 277-203(B) will also be presented to the Board at that time. MAB members have received notice of the Rule. OLD BUSINESS Treatment Protocols update - Paul L. reported that he had attended a meeting of the Mutt. Co. subcommittee on treatment protocols. The proposed changes in those protocols were to be presented to the Mutt. Co. EMS Policy Board on May 29th for action. Paul noted that there were few changes in treatment or dosages, but expansion in areas of indications and contra- indications and general operating procedures. The new format is very comprehensive. Nominations to Medical Advisory Board After brief discussion it was moved and seconded to appoint the current members of the MAB and add an- additional Paramedic from the private sector. The Paramedic from the private sector will be an ex-officio member until such time as the Ordinance can be amended. J.D. nominated Frank Waliendar to the position on the MAB. Nominations will also be accepted at the next EMS meeting and an anointment made. Hillsboro Fire Department EMT-2D Program The EMS Council supports the EMT-2D program. It is recognized as being very beneficial to the rural areas. It was noted that since it is an ALS procedure, the MAB should review the standing orders. This would allow the EMS Office to incorporate the EMT-2D into the county-wide Treatment Protocols. Hillsboro FD will keep the Council posted on progress of the program and if assistance is needed may contact anygne on the IMEI -MM EMS COUNCIL May 17, 1984 Page`s EMT Programa Cont. EMS Council. NEW BUSINESS John read a portion of the Phase II Compass Consulting Group report (communications survey) that pertains to EMS. It appears that Compass may not have a valid concept of what EPOS is doing in Washington County, especially;as it;relates to RLS and patient stabilization. John will be contacting Compass through Support Services and requesting some input into the study.- Frank 0. brought up the draft from the QME regarding the proposed rules for physician advisors (supervisors). Some discussion followed. There being no further business before the Council, a motion was made and seconded to adjourn. Passed. The meeting was adjourned at 1126 hours. Next regular meeting of the EMS Council will be Thursday, June 21, 1984 at 0930 hours, in Room 408, Administration Bldg., 150 N.1st, Hillsboro, Oregon. Respectfuli Submitted John Robertson Director, EMS Washington County { �t��+g MBuL,ANCE t. �a3 861. E. BASELINE - -HILLSBORO."OREGON 97123 y PNONE:639-6210.648.6666 May 11, 1964 Mr. John Robertson Washington County EMS Director 150 North First Ave. Hillsboro, OR 97123 Dear 'John, In response to the minutes;of the Washington County EMS meeting, I would like to nominate Frank Wallender for one of the paramedic posi- tions on the Medical Advisory Board. Mr. Wall- ender has spent"many -years in the county both as a resident and a paramedic and is well qualified to serve in this position. If, you <need any additional qualifications or have any questions, please contact me. Sincerely, J.D. Fuiten General Manager r Mr. John Robertson Washington County EMS Director 150 North First Ave. Hillsboro, OR 97123 Dear John, In response to the minutes of the last EMS meeting concerning Ordinance 2770 there are a number of people who feel the Medical Ad visory Board should be expanded to include two paramedics, one involved with the private sector and one from the public sector. I feel that until the time the ordinance is amended the second paramedic should be allowed to serve on the Medical Advisory Board. Sincerely, D. Fu ten General Manager Washington County Emergency Medical Services Advisory Council Minutes of the special meeting of the Washington County EMS Council, held May 30, 1984 - in Room 409,_Administartion Bldg.,;150 N.1st, Hillsboro, Oregon. ` The following people were in attendances Frank 0uiman; Beaverton Fire Department Melvin M. Brunson Tualatin Valley Ambulance Ruth Shoepe Washington County Emergency Management Diane Brandi; Tualatin Fire District Chris Asanovic Cornelius Fire District s Larry Eckhardt Washington County Fire District #2 Brad Kastner Hillsboro Fire Department Rick Dentler Washington County Fire District #1 Marvin Wright Forest Grove FireDepartment Ron Hoodenpyl Gaston RFPD Steven White, MD St.Vincent Hospital John Robertson EMS Fred .Clayton Oregon State Police - Beaverton J.D. Fuiten Metro-West Ambulance David;Long Life Flight Russell Gubele Tualatin Valley Ambulance The meeting was called to order at 0935 hours by Frank Oulman, Chairperson. s Frank turned the meeting over to John Robertson to discuss the budget for the EMS Office. John read the list of those agencies/departments that have voting priveleges at this time on the Council. The list should be corrected to include the Oregon State Police as having one vote. Letters of authorization to vote were submitted by the City of North Plains and Tri - Cities Fire District authorizing Larry Eckhardt to vote for them. The City of North Plains has also chosen Larry Eckhardt as their representative to the EMS Council. Mary Wright presented a letter from Sgt.Larry Match, authorizing Mary to vote in Larry Hatch's absence. John requested any corrections to that portion of the minutes from the May 17th meeting that were sent prior to the meeting today. J.D. Fuiten had .3 corrections 1) The $200,000 figure used by J.D. was a figure from another ambulance provider that represented what it cost to maintain one ALS ambulance for one year. 2) Someone else brought up the fact that the additional $600,000 required to support the additional ambulances now in the County was being passed on to the consumers. 3) "Size of the EMS Office was changed by the Commissioners" should read "Size of EMS Office was changed by the Count Steve White asked what the status of the resource hospitals was. John advised the Council that we needed to determine what the requirements for resource hospital were to be, then adopt those requirements as Administrative Rule to Ordinance 277. John asked for 9aninformation that was provided prior the meeting. It was noted te BoardofCo issiershaddirectetheEMSprogram be self funding. EMS COUNCIL MAY 30, 1984 Page 2 John then discussed the uutthatpresented. budgetcopies notwere reflect $2000atoe$2400to hin~indirect who needed them. John pointed ntedot - expenses that would be levied, since the ,EMS Fund was a special dedicated account. This designated account insured that all monies, cost,citsprovidesare ried over protectionnfore EMS account each year. :Althoug those monies, since it would require ammending the ordinance for the county to absorb those funds for other purposes. Frank 0. asked if anyhting would prevent the EMS Policy Board from reducing the budget next year if it was determined a full-time Director was not required. ition of John responded that the EMSfPolicy EMSBoard budgets gtthe was alsoanotedas tthat-to the hesEMS Policythe EMSBoa Director ot and therule size i b6t rather will act on rules and policy brought Board is not the rule writing body., before thea by the Director. The Director will use the resources of the Council, MAB, e.c. to write rules for presentation to the Policy Board. 1_,,hn next described the fee-for-serviced �wtedpbepcollecte Emergency at$1000rts wo perProydiderClicense :r approximately $29,000 a $ e be reviewed on a quarterly basis and adjusted as The per transport charge would if necessary. 'The duties of the Director were discussed. John notedvthe hedco terns expresscil ed t hat we were building a Multnomah County System" here. Admin- istrative r Rules adopted esent thegworkton Cofnty thewould Counciltandlne how varioustsub-c4mmitteestandeas and the rules would_repres Boards, which quid allow fora systen that mettheneeds of Washington County EMS Services and through them, hopefully, the citizens of the County. of Posuort tion made by Frank Outman forthe EMS Cuncilfto sendthe Ea statement to encs presented.to the Board of Commissioners to adopt the o dget° -..conded by Diane Brandt and David Long. L�Z scussion L.. unt Long stated.he felt there athe proposed budget andfull-time revenue©sourcesand iweresthegbest t� runty was to have an EMS System, route available at this time. He did feel that the Board's direction to put the support of the system on the user, and dnhte wuasPv�Lingeyes,twithfrom protest,general sincefund thismonies, cdag the not . fair to the users. David state only avenue Open at this time for an EMS System in Washington County. inal olution to John noted the proposed ruldeplan allow the�systemt not btothe ideal or function andfothers would funding sources funding EMS, but .that it wo could be explored and developed. his ortinate David stated he wanted to expressrovidednabove and cbeyond e he ethe lt iregulation t was a �of emergency tax, and that services would be p ambulance service. He felt we are developing and funding an emergency response system for the county that included more than just ambulance service, and a broader base of support was needed. f IN f EMS COUNCIL MAY 30, 1984 Page 3 Mary Wright asked if the fee-for-service plan could be implemented in the cities that had not signed into the system. Due to the questions of Anti-Trust liability there are several ,cities that have not signed in. Mary had an opinion from the City Attorney for Forest Grove that the fees could not be coilected inside those cities not signed in. If<the>fees cannot be collected in those cities, where will the funding come from ? " John will seek an opinion from Dan Olsen, Count; Counsel's Office on this matter. Steve W. felt a full-time Director was important, since issues of Trauma Care, ACLS recertification and Dispatch, to name a few, were going to require one:person to coordinate the efforts of the various groups and be accountable to the public. Steve asked if there were people at the meeting who did not support a full-;time Director, sincethatseemed to be the issue at hand. ' Diane Brandt stated that the Director had been very valuable to Tualatin Fire District and had spent considerable time with TRFFD and the ambulance companies on questions or complaints. She also 'felt a full-time Director was necessary to coordinate the ; efforts of the Council, Boards and sub-committees to provide the most effective servic Larry E. stated WCFD #2's position was just the reverse, and that WCFD`#2 did not fee` there was adequate work to justify a full-time Director at this time. Hestatedthat once the system was established, then the possibility existed that a full-time Directs ?' would be needed. John responded that the Director was needed more during the start-up phase of a new system. The Director would be the busiest during the initial organization of the system. After the system was in place and functioning, then that would be the time to determine if a full-time Director was stili needed for the system. t Larry E. felt the program would not be cut at a later date, given the performance of governments in the past. He felt the position would be continued and would become yet another tax burden. Diane B. asked the question of who would take the material produced, after considerak time spent by the Council writing rules, back to their staff for clerical work. She r felt that most agencies did not have the resources to handle the clerical support. Larry E. felt the clerical support could be supplied by the County, using some of the $20,000 license fees. Fred Clayton asked who benefited from a full-time Director. Since we are putting the burden of paying for the system on the citizens, do• those citizens receive any benefits? John pointed out that there was information provided in the mailing that listed the benefits to the public. A single contact person for questions or complaints, with the authority to investigate those items, was one of the most direct benefits to the public. Also mentioned were someone to insure that standards were being met and someone to help direct and refine the system as it grows. John felt a part-time Director would not be available on a regular basis to handle those functions. r Larry E. stated he had been talking with individuals in the County and that there was a possibility of someone currently in County taking over the position and program. Larry declined to name the individuals or department at this time. John raised the question of what would happen if an individual came in and requested i i Ru EMS COUNCIL MAY 30, 1984 Page 4 assistance or action on a concern and was advised that the part-time Director, due to other duties, could not respond at that time. Larry E. said he felt that was something that people would have to accept, since it was only a part-tion position. Steve W. noted the perception regarding the need for a full-time Director was different fere in the areas where there nt were fewer calls and less demand on the system. He alsos needed 'fo that in . r the county as a whole, it,was, important to deciding what wa that used the all areas of the county. The areas system .the least were paying proportion- while ately less to support that system. Steve urged hEf�SeCouncilmbers fwaseintended'toCouncil arepresent individuals represented a particular region, the the entire county, and while one area did not see the need for a full-time Director that ..:auld not be the deciding factor for the entire county. stated there were two main problems. One, the providers would have to reflect the : O change on thein billing statements, and then spend time with the customer explaining - 4 charge and its purpose. Second, the people that would receive the greatest benefit the Director were the public agencies that did not contribute to the support of the em. He felt the EMS Director would spend the greatest share of his time with those tic agencies. asked if the presented budget was the only type of budget that could be presented, .—ificdlly did the County ask that a budget that asked for`funds from the County be considered or submitted ? stated that was indeed the direction from the Board and Administration. The Board =i on 2-14-84 that the system be self funding.' 0. noted it appeared no one had a problem with the program as long as the <ty put in $12,000. When the Board withdrew financial support the controversy full-time Director began. He said he felt badly about the loss of support from "ounty, and that it seemed that the loss of support had become one of the primary .as. 6 Hoodenpyl stated he felt the direction was towards a part-time Director, and all r., sudden the Board of Commissioners pushed a full-time Director on the system with p looking seethe ation notttheed a properlway,me to support theerson. He felt systemaandameant pr _ale to ride in an ambulncewas a., - dditionai burden on those people. responded to Frank's earlier remark by saying he was also very upset when the L._ .-:,ty pulled out, as he was upset when Beaverton F.D. and WCFD #1 pulled out. J.R. feet the initial $20,000 was a workable amount and that his company's portion was a livable achangedHsoalso much,felt he didthat notbecause feel boundinitial any�oneplanroreprop sal.d by the Council had been change Fred C. noted that no matter how the system was funded, as long as it was self funding the public was likely to pay for the system. Increase in operating costs would account for an increase, let alone a direct assessment on the transported patient. Steve W noted that in light of the cost of ambulance service, the $6.40 added was minimal. That fee, which would allow for funding the EMS System, might actually result in lower ambulance rates through franchising or other control. If franchising or some other type system sycontrol bcosts essential.bThefeasible, spentfull-time :ightiwell®bewith data collected from thehe system will used to eventually reduce costs, a direct benefit to the public, fEMS COUNCIL MAY 30, 1984 Page 5 Larry E. stated he was concerned that the agencies had to use John as a mediator in disputes. He felt that those agencies involved in a problem should be;able to sit down together and reach a solution to any problems, without a third party sittinq' in the middle. Diane B. did not feel that anyone was suggesting the various agencies should not or have not worked on mutual concerns, but some of the differences were of a nature that an impartial third party was of great value in resolving conflict. She also noted that some of the issues did not require a third party, ;but by following the Adminstrative Rules and using:rJohn,-excellent results had been acheived. She also felt it gave 'credence to the decisions;reached and to what had transpired in the past. The Question was called for by Fred Clayton. It was agreed to take a roll call vote. 5 The results were: AYE NAY ABSTAIN City of Beaverton City of North Plains Tualatin Valley Ambulance WCFD #1 WCFD #2 TRFPD Forest Grove F.D. Washington County Cornelius F.D. Life Flight Gaston F.D. Tri-Cities F.D. Forest Grove 911 Oregon State Police Metro-West Ambulance Final count was YES-5, NO-9 and 1 abstaining. Motion failed. JD. stated the Council had not changed its recommendation, but rather the County had increased the program by 50%. Part-time vs. full-time budgets were discussed. Regardless of how much money is raised the EMS Special Fund will require $2000 to $2400 to administer that fund. If a figure of $20,000 is used, the available money to the EMS Office would be $18,000 to $17,600. The figure of $17,600 should be used since administrative costs and legal counsel costs may increase with a part-time Director. Subtracting a minimum of $3400 for clerical support leaves $14,200 left for the position. Since a part-time position may require additional support (clerical), the $3400 should be considered a minimum amount for clerical support. Steve W. felt the medical community, and to an extent some of the cities, had not had a vote on the matter. Through the work of a full-time Director, some of those cities and the medical community may very well come on board, and we should be considering their intrests, both presently and in the future. J.O. suggested a budget based on the initial $20,000 figure, raise that figure by the same percentage as the County's general budget is increasing, and then if the County still feels a full-time Director is needed, the additional cost be paid by the County. Fred C. suggested that individual agencies could help with funding to a degree if they feel the full-time Director is needed. ro , EMS COUNCIL MAY 30, ,1984 Page 6 Larry E. asked if the Council should make a recomendation to the County that as of July ;1st, the EMS Director's; position become part-time. It was felt by several people that they would have to get a clear direction from those they represent on this issue before they could address it. Motion shade and seconded to adjourn. Passed. Meeting adjourned at 1038 hours. Respectfully submitted J,--,hn E. Robertson F3 Director V,shington,County win WASHINGTON COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL inutes of the regular meeting of the Washington �50nNy1st, Hillsboro,EMS Advisory oORC1'971231.d 403 Administration Bldg., 'Room , , -June 21, ',1984 at - In attendance were: Frank Oulman Beaverton Fire Department John Robertson EMS Washington County Emergency Planning Ruth-Shoepe Tualatin Valley Ambulance Melvin M. Brunson Metro West Ambulance J.D. Fuiten Forest Grove Communications Larry L. Hatch Forest Grove Fire Department - Marvin Wright Tualatin Fire District Pat Southard St.Vincent Hospital, Medical Advisory Board C. Stephen White, MD Gaston R.F.P.D. Ron Hoodenpyl Buck Ambulance Bob Denbo Willamette Falls Ambulance Tom ,Brokaw rder at 0933 hrs. by Frank Oulman, Chairperson. The meeting was called to o Introductions were made by those present. The minutes for the May 17th and May 30th meetings were approved. It is noted that corrections to'the May 17th minutes are contained in the minutes of the May 30th y meeting. c EMS DIRECTORS REPORT Robertson informed the group that he had resigned effecJQse bine Memorve July 1, ial Hospital John Robe r accepted a position as Director of the ambulance service at P } in Grants Pass, OR. John was thanked by members of the Councr' inor��his av�shkPNaiseswasgton heapeduupon thim he p°abut four months. (Ed. Note , I considered writing 4 decided that might be a bit of overstatement.) i John spoke with Sherwood and King City regarding Ordinance 277 and their Intergovernmental in the system. Sherwood will Agreements. KinCityoil raindJuly, after they are ®theying tfinish budget work. The new City � consider the matter Administrator in Sherwood has not had time at this point to study the issues involve . K This gives the system three cities on board, so the EMS Policy Board can be formed. It was the opinion of the Council that the Policy Board should be formed soon. John also noted that all an the reritcneedsston90 inEtheSystem future. Theto look at County willbewhere the system is going now, and where relying on the EMS Council for assistance in determining what to do with EMS in general and Ordinance 277 in particular. SUBCOMMITTEE REPORTS Peer Review- Paul Lesage was unable to be at the meeting, so no report was available from Peer Review today. EMS Minutes June 21, 1984 r Page 2 MEDICAL ADVISORY BOARD - The Dispatch Steve White, MD tch Protocols have been reviewed by the members of the MAB, and there are no problems with the Protocols,as presented. The addition of responding an Engine on CVA's and Seizure calls met with no opposition. It was noted that ;the Pre-Arrival Instructions for BCLS were to be: the current algorithms`from the American Heart Association for BCLS. This ,gives`the Protocols a medical authority for those particular instructions. Dr.White spoke of a Trauma Advisory Board, and noted that John had 'sent a' letter to;the MAB charging them with studying;Trauma in Washington County. The first goal will be to he volume of patients in Washington County that would require;specialized collect data on t Trauma Services. he White will send the ALS and BLS providers in the County some type of form to use in tracking these patients. John noted that the Washington County Trauma Committee should consider buying into, and building on the Multnomah County Trauma Plan. Pat Southard stated that the emphasis was going to be on regions to develop and implement Trauma Plans. She felt this was an excellent time to be working on a Trauma Plan and working to adapt it to a regional plan of some type. She also advised Dr.White to meet with Greg b'anPelt'and discuss the issue of Trauma Care prior to doing 'anything definite in Washington County. Some concern was expressed about "over-triage" of patients, especially if all parts of the Trauma Triage Guidelines are to be considered definitive. It was felt by several people that some of the guideline (i.e., Mechanism of Injury) should be discretionary, and used by the field personnel to alert them to the possibility that a given patient might require the services of a Trauma Facility. These concerns will need to be addressed in the study of trauma in the County. OLD BUSINESS Nominations for second Paramedic on MAB - Frank Wallender, Metro West Ambulance, was the only nominee, and there being no other nominations, Frank Wallender was appointed the private se��runtilParamedic such toi"methe asMthe Ordinancenoted canthat arrrnended?will be an ex-officio member of the Frank will be notified, by mail , by the EMS Office of his appointment. Treatment Protocols Update - Dr.White reported that the Multnomah County Treatment Protocols were basically finished and a review of those protocols and the Washington County Treatment Protocols would begin soon. 'rhe MAS does not have any philosophical objections to consolodating the protocols, but does want a comparison study done. The issue of Medical Resource Hospital designation was discussed. The MAB would add only the requirement that a Medical Resource Hospital have 24 hour physician coverage in the ED for consultation with the field units. A letter will be sent from the MAB accepting the requirements in the Rules and adding the ED physician coverage. NEW BUSINESS Trauma Plans- These were discussed under Medical could bobtained Advisory Board Report. the It Multnomahwas noted that- copies of the Multnomah County Trauma EMS Office. s . EMS 'Council Minutes June 21, "1984 Page 3 ITEMS OF INTEREST TO THE EMS COUNCIL - it Southard noted that John Robertson had called her and asked if Tualatin Fire District would administer Ordinance 277 in the absence of an EMS Director. After discussing this with her 'administrative people, it was decided that Tualatin Fire would choose .to use their own ordinance for regulation, rather than trying to adminster the County's ordinance. The next meeting of the EMS Advisory Council will be July 19, 1984 at 0930 hours. Place of'meeting wi-1 be Room 408, Administration Bldg., 150 N.1st, Hillsboro, OR, 97123. It is noted that if there :is not going to be a representative from County available for the next meeting, the July meeting may be postponed or cancelled. There being no further business before the Council , the meeting was adjourned at 1022 hrs. Respectfully Submitted John Robertson Emergency Medcial Services Director Washington County INM