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City Council Packet - 11/24/1998• .!!EMN1W1-RWW11rAiM(2nd) PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 a.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684.2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639.4171, x309 (voice) or 6842772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - NOVEMBER 24,1999 - PACE 1 AGENDA 6:30 PM STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. This Executive Session is being held under the provisions of OR$ 192.660 (1) (d), (e), & (h). As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > Liability Insurance Training 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 PM 3. 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: Approve Council Meeting Minutes: September 22,1998 Local Contract Review Board: Award Bid for Card Lock Security Access System- Bill may ask that this item be removed for discussion as a Non Agenda item. b. Award Bid for Police Department Re-Roof Project - NOTE. THIS ITEM REMOVED FROM CONSIDERATION, BIDS WILL BE SUBMITTED AT A LATER DATE ® 3.3 Approve Endorsement of Tualatin River Bridge Grant Application - N Resolution No. 984Q 3.4 Approve Amendments to the Personnel Policies for Management, Supervisory and Confidential Employees - Resolution No. 98(03 3.5 Appoint George Burgess to the Budget Committee - R~nalution No. 98-~ ~J 7:50 PM 4. DISCUSSION WITH STATE REPRESENTATIVE ELECT MAX WILLIAMS - PREVIEW OF THE LEGISLATIVE SESSION ® Introduction: Administration Department COUNCIL AGENDA - NOVEMBER 24,1998 - PAGE 2 8:15 PM 5. REVIEW THE STATUS OF COUNCIL GOALS o Administration Department 8:30 PM 6. REVIEW AND ADOPT POLICY ON LEGAL DEFENSE OF CITY OFFICERS AND EMPLOYEES ® City Attorney a Council Consideration: Resolutions No. Wa 8:45 PM 7. COUNCIL LIAISON REPORTS 8:55 PM 8. NON-AGENDA ITEMS 5:1- Oardlozk 6m' ' El'd 8.2-,BudgetAdsustment Cardlock System -Resolaaaalfe.9( 9:10 PTA 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to. attend this session, but must not disclose any information discussed during this session. 9:30 PM 10. ADJOURNMENT \\TI G333\USR\DEPTS\ADM\CATHY\CCA\981124. DOC COUNCIL AGENDA - NOVEMBER 24, 1998 - PAGE 3 Agenda Item Ntto. 3= TIGARD CITY COUNCIL Meeting of ~ I ~tq MEETING MINUTES -NOVEMBER 24, 1998 • STUDY SESSION > Meeting was called to order at 6:38 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Assistant to the City Manager Liz Newton; City Recorder Catherine Wheatley; Human Resources Director Sandy Zodrow; Deputy City Recorder Jessica Gomez and Property Manager John Roy. > Guests Present: Councilor-elect Joyce Patton > Agenda Review Sandy Zodrow, Human Resources Manager, requested that Consent Agenda Item 3.4 be pulled for discussion. She advised the Council that staff needed to do more research on Articles 1 (Authority) and 5 (Probationary Period). She asked for approval of the rules without those two articles. She said that they would bring Articles 1 and 5 back at a later date. Bill Monahan, City Manager, reported that the Public Works Department would like Consent Agenda Item 3.2b, the Police Roof, held for a couple of weeks. He asked to pull Item 3.2a, the cardlock security system, for discussion under Non-Agenda Items (8.1). He said that John Roy would explain the differences in the dollar amounts. He noted a second non-agenda item (8.2); the budget adjustment needed to accommodate the cardlock security system bid. Mr. Monahan noted that Max Williams would come tonight to speak with the Council tonight. He said he intended to invite Max Williams to talk with the Executive Staff on December 9. He mentioned that Mr. Ramis had a second draft of the legal defense policy ready for review. Mr. Monahan reminded the Council that the goal setting meeting was scheduled for Monday, December 14, 1998, at the Embassy Suites. He noted that he needed the rest of the Council's goals by next Tuesday in order to share them with staff and Larry Dennis, the facilitator. Councilor Scheckla mentioned several concerns about the cardlock security system. Mr. Monahan confirmed that they could move the locking devices and software around as they shifted employees around. He confirmed that the locking mechanisms would remain compatible for a long time, even as the software changed. He explained that they could program the cards to limit access by door, day or time at a variety of levels. He mentioned that John Roy toured the security system at the Oregon Graduate Institute which was similar to the one Tigard was looking at. He said that many governmental entities used this particular system. Councilor Hunt asked if the computer would record who unlocked a door, expressing concern about after hours use. Mr. Monahan said no, and noted that that feature was a big upgrade. He reiterated that they could program the card to restrict access within a stipulated time period. CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 1 > TRAINING Loreen Mills, Administrative Risk Analyst, referenced the information on liability insurance coverage contained in the Council packet. She stated that Tim Ramis would review the legal issues. She introduced Ron Graybeal, the City's agent of record with JBL & K, who assisted the City with purchasing insurance. Ron Graybeal, JBL&K, reviewed the Oregon Tort limitation standards. He noted that it applied to all public bodies or volunteer organizations supporting public bodies. He mentioned the liability limits of $50,000 for property damage, $100,000 for general and special damages per person and $500,000 for any one occurrence. He explained that the City carried much higher coverage to cover those situations which were not included within the Oregon Tort statutes, such as constitutional rights violations or contract violations, etc. Mr. Graybeal reviewed tl~e two main areas of liability coverage for the City: general liability and public officials' errors and omissions. He pointed out that general liability insurance policies covered bodily injury resulting in monetary damages. If there were no monetary damage, then the insurance policy would likely not cover that situation. Mr. Graybeal explained that most insurance companies provided coverage for public officials' errors and omissions under a separate policy. He noted that those insured under this policy included all officers, employees and agents working for the City (including volunteers) authorized to act on behalf of the City and acting within the scope of their employment or duties, whether arising out of governmental o proprietary functions. Mr. Graybeal said that the City's current insurance carrier, City County Insurance Services Trust (a risk sharing pool), had a limit of $3 million per occurrence. He commented that the City could have representatives on the CCIS Board. He mentioned that positive changes within CCIS have occurred in recent years. He said that the company paid dividends. Mr. Graybeal recommended that the Council take advantage of the pre-loss legal services provided by CCIS, including the training. He stated that the ethics complaint legal defense costs limit was $2,500 for any one officer per year and $5,000 for all officials per year. He reviewed the exclusions in the policy, including back wages, pollution claims (except for underground storage tanks) and inverse condemnation. Mayor Nicoli commented that a $2,500 limit for ethics complaint legal defense was not realistic. He pointed out that $2,500 did not cover even one-third of the costs of a complaint in which the official was exonerated. He mentioned a minimum of $50,000 simply to go through the system. Mr. Graybeal noted that ethics complaint coverage was a relatively new coverage and therefore the limits were low. Mayor Nicoli spoke to asking CCIS to investigate the costs of defending this type of complaint against someone who is found not guilty, and to set realistic limits. He said that he realized that they would have to pay for the coverage. He held that this was an issue that the CCIS Board should seriously discuss, as it was a big gap in coverage for local jurisdictions. Mr. Graybeal said that he would ask. He commented that the new management at CCIS was more responsive to members now. CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 2 Mayor Nicoli mentioned that the Council has asked the City Attorney to internally investigate other allegations made by Mr. McAdams or others. Councilor Scheckla asked how much more Tigard would pay for the type of coverage discussed by the Mayor. Ms. Mills explained that CCIS did not write separate policies for individual jurisdictions. If coverage was changed or added, it was changed and added for everyone and figured into the base rate. She said that she would report back on this issue. Tim Ramis, City Attorney, referenced the materials in the Council packet. He noted that the specific question tonight was what protections were available for the Council, employees, Board and Commission members, and volunteers. He said that there were three protections: the Oregon Tort Claims Act, the insurance policy and the pattern and practice and history of local governments in Oregon. He pointed out that in the resolution, the Council was looking at codifying the pattern and practice of local governments in defending themselves and their officials, in cases not included within the Tort Claims Act or the insurance policy. Mr. Ramis reviewed the shields and defenses included within the Oregon Tort Claims Act for use by cities when sued. He said that the Act was their primary defense tool and applied in the majority of cases when the City was sued. He explained that a "tort" was a request for monetary redress of injury that was not a contract or otherwise excluded from being a tort by statute (such as civil rights claims). Mr. Ramis explained that the liability limitations in the statute, as mentioned by Mr. Graybeal, came from the ancient English principle of "sovereign immunity" which essentially meant that no one could sue the king because he could do no wrong and he owned the courts. After the American Revolution, this principle was modified and applied for the protection of local, state, and federal governments. Now governments could be sued only within certain agreed upon limitations. He commented that in the long run, he thought that this defense would be lost because it was rooted in a monarchical system and not a democratic one. Mr. Ramis explained that in another area of defense within the Act, outright immunity, there were certain areas where citizens were simply not permitted to sue the government. These areas were defined by statute and the immunity applied to anyone performing a duty for the City within the scope of that duty or employment. He pointed out that the immunity could be lost if someone exceeded the scope of his/her authority. Mr. Ramis described in detail the parameters of immunity if performing a discretionary function. He said that officials were not liable for making choices in situations where any number of choices could be made, such as discretionary decisions. He commented that the intent was to prevent second-guessing of officials' decisions. Officials were elected to exercise their best judgment and they could not be sued for doing so. However, he pointed out that they could not stretch discretion to cover every situation, recounting an example of a jurisdiction that lost when the court declared that applying the wrong standard in the Code to subdivision was negligence. Mayor Nicoli asked how the law looked at a situation where a jurisdiction learned that it had failed to enforce a particular standard and then decided to do nothing in that situation. Mr. Ramis explained that jurisdictions were allowed a policy which determined when they enforced a nnrtir_.illar nlle., such as on a complaint only basis. They could exercise discretion in dcCidiiig r- when to apply the policy but they had to do it on a consistent basis or they could be in trouble. CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 3 Mr. Ramis reviewed the remaining areas of defense in the statute. Officials, if sued, were entitled to a defense and indemnity from any judgment. He pointed out that officials must also be provided with legal counsel, unless they committed an act of malfeasance. Anyone intending to sue the City or an official had to provide a notice of a tort claim describing what happened, and file it within 180 days of the incident or discovery of the incident. All jurisdictions had clear authority to obtain insurance and to settle claims. Mr. Ramis reiterated that straying outside the scope of one's role or performing actions that were morally repugnant or taking an action without a reasonable basis were problem areas to stay out of. Mr. Ramis noted the past pattern and practice of cities in providing a defense in situations that fell outside the Tort Claims Act. He reviewed in detail the provisions to be codified in the resolution under consideration. He commented that extending the same protections found in the Tort Claims Act to areas outside the Act reassured city officials, employees and volunteers who participated in government that they were protected when performing their duties in good faith. He pointed out that the resolution contained no protection for actions taken from malice or in bad faith, and that the City could pull its defense if they found either one. He mentioned the provision that the City would indemnify individuals if they were exonerated at the end of the process. Mr. Ramis said that the third defense, the insurance policy, provided coverage for tort claims, civil right act violations, ADA and fair housing types of claims and reimbursement for ethics claims. He agreed with the Mayor that the new area of reimbursement for ethics claims did need to be expanded, commenting that as these cases became more prevalent, it probably would. He said that the coverage came about after a court ruling that if ethics claim reimbursement was not specifically provided for in a policy, then there was no coverage. Mr. Ramis reviewed examples (see attached) to illustrate the principles he described. He noted that a Councilor serving as a Board member on an intergovernmental agency was covered for tort claims but not for contractual claims. However, since a Councilor did not enter into a contract with an intergovernmental agency as an individual, it would be very unlikely that he/she would be sued because the intergovernmental agencies were the contracting parties. He emphasized the importance of staying within the scope of their responsibilities. Councilor Hunt asked for the definition of "indemnify." Mr. Ramis said that it referred to the money awarded against someone. Councilor Scheckla asked for an example of the discretionary problem as it related to fair housing issues. Mr. Ramis explained that if an advocacy group wanted a city to rezone large parts of the city for a particular type of housing in order to encourage more affordable housing and the group challenged the city's "no" answer, the policy provided for coverage in that instance. Ms. Mills mentioned that the Willamette Water Supply Agency has now purchased their own insurance coverage to cover the Agency Board members, such as Councilor Hunt. However, Councilor Hunt was still covered under the City's policy. Councilor Scheckla asked if the members of the Housing Task Force would be covered in the event of a lawsuit. Mr. Ramis said that yes, noting that the definition of employee in the Tort Claim Act and under the City's insurance coverage was broad. CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 4 Mayor Nicoli mentioned a concern he had with Northland Insurance in their standard pat response that the City did nothing wrong, no matter the situation. He pointed out that if a business was sued, it immediately looked at how to prevent something similar from happening in the future. He spoke to the City examining these claims proactively to see if there was something that the City could change in its practices and procedures in order to avoid them in the first place, regardless of whether or not the City had done anything wrong. He said that he would wait and see how their relationship with CCIS developed. Mr. Graybeal commented that the advantage of CCIS was the shared experience of its local government clients whereby they could learn from each other's cases. He reiterated that CCIS provided excellent training, and encouraged the City to take advantage of that training. He also encouraged the City to consult the CCIS attorneys who were well versed in these issues. Mr. Monahan pointed out that, even if Northland told the City that it had done nothing wrong, that did not prevent the City from doing an internal review and determining if there was a need for change. He cited some recent examples where the City staff investigated claims internally to determine what needed to be done to prevent the problem, involving the City Attorney's office as needed for advice and training. He mentioned that Northland's attorney had been available primarily for police type issues and little else. Ms. Mills stated that staff already used the pre-loss legal services available from CCIS, especially the attorneys. Mr. Monahan commented that the City Attorney's office has directed them to consult CCIS attorneys (because they could get free legal advice from CCIS), and come to them only if they were not happy with that advice. > Mayor Nicoli adjourned the study session at 7:50 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:50 p.m. 1.2 Roll Call Councilors Rohlf, Scheckla, Hunt, Moore and Mayor Nicoli were present. 1.4 Council Communications Councilor Rohlf reported on the Washington County Consolidated Communications Agency (WCCCA) meeting last week. He said that they discussed whether to raise or lower the unit fees. He explained that the director had recommended holding them the same or raising them slightly to start an equipment replacement fund because an upgrade would be needed soon but no decision was made. He recommended that Tigard have either a senior staff or Councilor member on the committee discussing upgrades. He also recommended that Tigard maintain a representative on the WCCCA Executive Board. At the Mayor's request, Councilor Rohlf reviewed the discussion in more detail. He said that he and Charlie Cameron had argued that it was better to lower the fees and minimize the operating costs for the user agencies, as they would only get $36,000 for a replacement fund if they raised the fees from $5 to $10, and that was not enough for an upgrade. CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 5 Councilor Scheckla reported that the Housing Task Force was nearing completion of its report and would send a final recommendation to Council in January with a public hearing proposed for February. He said that some people had wanted certain concerns and issues separated out from the overall report but the Task Force decided to leave the whole package intact. He noted that these people might appear before Council with their concerns. Councilor Scheckla mentioned that he and staff attended a meeting with MACC at which they learned that MACC was considering a contract renewal with AT&T and TCI for 12- 15 years. Liz Newton, Assistant to the City Manager, said that she would brief the Council on the issues via a memo. 1.5 Call to Council and Staff for Non-Agenda Items Mr. Monahan explained that staff would like to move Consent Agenda Item 3.2a to Non- Agenda Item 8. 1, and add Non-Agenda Item 8.2, the budget adjustment needed for Item 8.1. He suggested that Consent Agenda Item 3.2b be pulled and postponed to a later meeting. Councilor Moore noted the discussion of Item 3.4 requested by staff. 2. VISITOR'S AGENDA: None 3. CONSENT AGENDA Ms. Zodrow asked the Council to adopt the Management Professional Personnel Rules and delete Articles 1 and 5. She said that staff would bring back those articles for review at a later date, and correct the resolution and order to reflect these deletions. Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt Consent Agenda items 3.1, 3.3, 3.4 with deletion of Articles 1 and 5, and 3.5. Motion was approved by unanimous voice vote of Council present. (Councilors Rohlf, Scheckla, Hunt, Moore and Mayor Nicoli voted "yes.") 3.1 Approve Council Minutes of. September 22,1998 3.2 Local Contract Review Board a. Award Bid for Card Lock Security Access System b. Award Bid for Police Department Re-Roof Project 3.3 Approve Endorsement of Tualatin River Bridge Grant Application - Resolution No. 98-62 3.4 Approve Amendments to the Personnel Policies for Management, Supervisory and Confidential Employees - Resolution No. 98-63 3.5 Appoint George Burgess to the Budget Committee - Resolution No. 98-64 4. REPRESENTATIVE-ELECT MAX WILLIAMS Representative-elect Max Williams reported that the Senate was further ahead than the House in organization, as it has already announced its committee chairmanships. He said that he met with the Speaker-elect yesterday to discuss his committee assignments but remained unsure as to which committees he would be assigned. He commented that he thought that the Speaker-elect would make balanced committee assignments but that he foresaw be a difficult session, given the make-up of the legislature, especially on education and transportation issues. CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 6 Mr. Williams reported that the budget that the Senate developed during the interim (in advance of the Governor's budget) has received favorable reactions from the Democrats and the Governor. He said that this made him hopeful that compromises could be reached during the session. He asked the Council what their concerns and issues were. Mayor Nicoli asked what Senator Qutub's responsibilities would be. Mr. Williams said that he understood that she has been assigned as the Vice Chair of the Ways and Means Committee (a new position) and would work directly with the Senate Co-Chair Gene Timms. Mayor Nicoli asked if the Republican side of the House had shifted further to the right. Mr. Williams said that the media has spun that perception because of the election of Speaker-elect Snodgrass but he was not too concerned because he thought that the House Republican caucus covered the broad range of positions within the Republican Party. He noted that the Republicans went from 31 to 34 seats in the House, which was not a huge operating margin. Since they would need at minimum 31 votes, he thought that there would be a balanced agenda. Mr. Williams mentioned that he found a commitment among those with whom he has spoken to focusing on an agenda that was meaningful for all of Oregon. He pointed out that almost half of the House was freshmen members (26 out of 60). He commented that he thought this inexperience would demonstrate itself in different ways throughout the session. Councilor Moore mentioned a Tigard Highway 99W Task Force that made recommendations to ODOT several years ago. These recommendations for the section between Highway 217 and Greenburg Road were put on the bottom of the list. He spoke to pressuring ODOT and the State government to review improvements to Highway 99W because it was still one of the worst bottlenecks in the area. Mr. Williams said that he has asked to serve on the Transportation Committee but even if he did not, he would take an active role in transportation policy. He mentioned discussing transportation-related issues with Metro Presiding Officer Jon Kvistad today with regard to Tigard. He said that Mr. Kvistad was hopeful that he would chair JPACT next year. He noted that with Representative Brian becoming the County Commission Chairman, they would be in a unique position to focus attention on Tigard from the County, Metro and the State. He commented that House District 9 had some of the most severe transportation problems in the state. Councilor Moore noted that the State was not spending much money on roads anywhere in the Tigard area of interest, and that the dollars have gone elsewhere. He argued that it was their turn to get money spent in their area where it was really needed, citing the intensive traffic impacts they have experienced. Mr. Williams agreed. Councilor Scheckla suggested installing an overpass or underpass to facilitate traffic move:nent on Greenburg Road. He asked how revenue sharing would be handled this session. He expressed concern at the traffic impacts of the Indian casinos. He asked about the lottery money and the prison siting. Mr. Williams said that he thought they could get ODOT to talk about Councilor Scheckla's idP?s on the road. He spoke to the issue of revenue sharing, commenting that as they headed into an economic slowdown, following 10 years of prosperity, revenues would be down and the State budget would get tighter. He said that he has not heard any discussion about changes to CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 7 revenue sharing, though it was something to be concerned about. He commented that the freshman representatives might not understand clearly the importance of revenue sharing to the local jurisdictions but the League of Oregon Cities and the Association of Oregon Counties was actively bombarding the new legislators with materials to educate them on their issues. Mr. Williams noted that the State was in a difficult position with the Indian casinos, since the Indian nations were sovereign entities unto themselves. He commented that he thought that they would be most successful in getting the casinos to deal with the traffic impacts they caused through the public relations arena. Mr. Williams expressed his serious concerns regarding the State's dependence on the income tax and on the lottery. He stated that the Oregon Business Council estimated a $500 to $600 million deficit in the State budget if they experienced a moderate recession. He pointed out that they had no reserve accounts to backfill in the event of a budget deficit. He mentioned the allocation of 15% of lottery dollars to parks with the passage of the parks measure this election. Councilor Rohlf asked what the chances were that the legislature would seriously try to reform the tax system as a whole this session. Mr. Williams said that he did not think that there was the political will to do that this session but maybe by 2001 there would be enough political will developed to recognize the need to consider alternatives if they wanted long term protection. He commented that many wanted more money for their programs but none were willing to dedicate any amount to a reserve account. He said that it was a complicated issue and he was not sure how effective they would be at solving it. He reiterated his concern about the long-term consequences of having no reserve if they ended up with a $500 to $600 million shortfall. Mr. Williams noted that the debate continued to rage over the siting of the prison. He mentioned a purported report showing a $65 million savings by siting the prison in Umatilla but he has not seen it yet. He said that if it could be shown that actual savings of taxpayer dollars resulted from siting the prison in Umatilla, and the citizens of Umatilla wanted the prison, then he thought it would be difficult to site it anywhere else. He commented that people in the session were reserved about this matter until the savings issue could be investigated. Councilor Scheckla asked if affordable housing would come up during the session. Mr. Williams said that he was encouraged because the Speaker-elect was thinking of creating a separate Housing legislative committee to handle all affordable housing issues. He said that he indicated his support to the Speaker-elect, and encouraged her to move forward with it. He agreed with Councilor Scheckla that this was a tough issue but one that needed more attention than it has been getting. He said that he was interested in working with the City and the County on affordable housing. Mayor Nicoli mentioned that four years ago many Republican leaders had an issue with ODOT because it was incompetently administered and run. He noted that since then, ODOT has cleaned house and was essentially starting over with a young and inexperienced staff who unfortunately maintained the prior attitude of poor customer service. He said that they could do a lot better job in working with local officials. Mayor Nicoli cited Tigard's difficulty in working with the new local administrator who has made no attempt to contact either himself or anyone on the Council, in contrast to the new Tri- Met director who wanted very much to meet with the Mayor. He mentioned derogatory letters sent to the City by ODOT. He commented that the ODOT staff did not seem to understand that only six or seven elected officials in Washington County were full-time paid people. Everyone else was a volunteer and most worked. He pointed out that ODOT was not the only agency CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 8 competing for the limited work hours available from the volunteer officials, yet ODOT appeared to expect that if they set a meeting for all day long, everyone would give up their workday to be there. Mayor Nicoli asked Mr. Williams to suggest to ODOT that it look at how it could work more effectively with local governments comprised primarily of volunteers. He pointed out that ODOT was no longer the only game in town. He commented that he would like to see ODOT get on better terms with the legislators and others who did not like them very much. Mr. Williams invited the Council to call him anytime they were not getting the kind of responsiveness they thought they needeu from ODOT. He said that he was not sure if a phone call from a Representative to the ODOT administrator would produce results but he was happy to try. Mayor Nicoli said that in four years of monthly meetings with other mayors, he has seen ODOT attend those meetings once, and yet almost every city had a transportation person at those meetings, and the County was there in force. He noted that the third attempt on the I-5/217 interchange finally worked to everyone's benefit but mostly he heard horror stories about working with ODOT. He spoke to ODOT becoming part of the team instead of the other person on the other side of the table. Mr. Ramis noted that ODOT told the local governments that the Governor has directed them to become a "growth management agency" but they did not know what that meant. He asked if the legislature has considered helping ODOT define its mission through statutory means. Mr. Williams stated that ODOT as a growth management agency was inconsistent with the philosophy in the legislature regarding the management of ODOT. He offered to give any information the City had regarding this matter to the Transportation Committee Chair. Mayor Nicoli mentioned that the Governor has consistently stated many times that ODOT wanted to be a growth management agency. He noted that both Metro and the old LCDC also wanted to be growth management agencies. He commented that it was not pleasant being caught in the crossfire when one regional agency and two state agencies gave contradictory directions. He held that they already had too many agencies telling the cities how to manage growth and they did not need ODOT in that role, a role he thought only hurt ODOT. He agreed with Mr. Ramis' suggestion that the legislature make it clear to ODOT that they were not a growth management agency. Mr. Williams asked what the City's position was on the commuter rail project. Mayor Nicoli noted that the elected officials would review the second report shortly, and from what he's been told, everything looked good on paper. He said that the County and the Cities on the line, including the residents, was very much behind the commuter rail project. He held that it was a wise move for the region. He mentioned that people might like to see the State kick in something towards the $2 million cost of the final study. He commented that this was a good project for Tri-Met and Metro to redirect their energies to, as it cost only $80 million as compared to the $1 billion cost for light rail. He noted that this was showing up at Metro as a long-range goal but they would like to see it shorter term. Councilor Hunt pointed out that they now had a railroad ownership willing to work with the local jurisdictions. Councilor Scheckla reported that people have told him that they would like to see more inter-suburban routes between the Washington County cities and more local routes within Tigard as opposed to all Tri-Met lines going to downtown Portland. He commented that they did not need tlt 'c ii'Ip+tc wide vu5w •d_ buses out a~ ii~r.. 1.,crc. • M•..r. \11:llinmc ocTrPPr~ µnrrl gairl that he wnttld ..b.,.,,.. include that in his discussions with Tri-Met. CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 9 Mr. Monahan mentioned that staff did make that request of Tri-Met through the livability study, and they were monitoring it to be sure that it stayed in the plan. Mr. Williams asked that staff keep him posted on that, because if it did drop out, he would do what he could from his end. He mentioned that the revenue from the 2% Tri-Met payroll tax that Washington County paid was almost completed shipped out of the County and not returned in the form of service. He agreed that they needed to raise the threshold on what Tri-Met thought they needed to give back to the County by way of customer service. Councilor Hunt spoke to Tri-Met doing a better job of planning its parking lots. Councilor Rohlf pointed out that it was a group of Washington County mayors who came up with the concept of the commuter rail project and pushed it forward to make it viable. He commented that he got the sense that, on their end of the County, someone was trying to control growth by simply not making transportation available. He said that they had a 1990s population and a 1970s road infrastructure. He spoke to biting the bullet and building major roads to facilitate transportation in the area, because light rail alone would not answer the need. Mr. Williams agreed. Mayor Nicoli asked Mr. Williams to support the expressway from I-5 to Highway 99W that would eliminate a significant amount of traffic from Tigard if it went through. He said that it had importance to Sherwood, Tualatin, Tigard and Washington County. He commented that although he thought that it would be put on the back burner, it was a good project in the long term that would help Tigard. Mr. Williams said that he would continue his support of the expressway. 5. REVIEW THE STATUS OF COUNCIL GOALS Mr. Monahan noted the final report for this year prepared by Cathy Wheatley, City Recorder, of the progress made towards the completion of the Council goals. He asked if Council needed more information prior to goal setting. Councilor Hunt commented he liked the content and format of the report. Councilor Rohlf suggested flagging those goals that were "on hold" for more than two quarters. 6. REVIEW AND ADOPT POLICY ON LEGAL DEFENSE OF CITY OFFICERS AND EMPLOYEES Mr. Ramis explained that the City provided a defense not only for itself but also for Councilors, officials, and volunteers in the event of tort claims or claims falling outside the Oregon Tort Claims Act. He said that this resolution codified the informal practice of the City in providing that defense for claims outside the Act. He noted that the resolution also included indemnification from judgments in the event that cases filed were not covered by the City's insurance policy or the Tort Claims Act. He mentioned the specific reference to the defense of ethics claims (ORS 244), that in the event that an official was exonerated, the City would reimburse the defense costs. He pointed out the limitation on defense, that the City could eliminate defense and indemnification if there was bad faith or misrepresentation. CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 10 Motion by Councilor Scheckla, seconded by Councilor Hunt, to adopt Resolution No. 98- 65. The Deputy City Recorder read the number and title of the resolution. RESOLUTION NO. 98-65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD ADOPTING A POLICY REGARDING DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES IN PROCEEDINGS NOT SUBJECT TO THE OREGON TORT CLAIMS ACT (OTCA). Councilor Rohlf asked for verification that this vote of the Council had no application to anything that has gone on in the past, they were setting policy for future direction. Mr. Ramis confirmed that this document applied from here on out. He agreed with Councilor Hunt that it did reflect the past practice of the City. Motion was approved by unanimous voice vote of Council present. (Councilors Rohlf, Scheckla, Hunt, Moore and Mayor Nicoli voted "yes.") 7. COUNCIL LIAISON REPORTS: None 8. NON AGENDA ITEMS 8.1 Card Lock System Bid Award John Roy, Property Manager, noted that two years ago the Workplace Violence Committee found that a primary area of concern to employees was personal safety with regards to the doors. He noted that doors had been found unlocked after hours when employees were working. This was the origination of the cardlock system idea. Mr. Roy reported that they received three bids for the system: Security Systems/Rose City Electric, Simplex, and Entrance Controls. Entrance Controls was the low bidder. He reviewed the specific hardware and software contained in the base bid amount, noting that the four-buzzer release doors and one Dutch door were not normally provided. He said that was one reason why the base bid amount was higher than the budgeted amount. He explained that Option 1 included a video badging system that used the City's existing equipment to make id badges, and thus was less expensive than a full blown video badging system but it did add onto the cost of the base bid. Mr. Roy explained that the $960 differential in the report was the cost of the yearly monitoring fee which Entrance Controls subcontracted out per the usual industry practice. He noted that Paul DeBruyn, the City's computer manager, assisted in interviewing the vendors to make sure that the hardware and software would be compatible with the City's existing computer communications. Mr. DeBruyn found that Entrance Controls offered the better package from his perspective. Mr. Roy reported on his tour of the Oregon Graduate Institute's cardlock system provided by Entrance Controls. He said that their uses were similar to what the City needed. He noted that OGI spoke very highly of Entrance Controls with whom they have worked for five years. He mentioned the extensive list of references for Entrance Controls from all over the Pacific Northwest. CITY COUNCIL MEETING MINUTES NOVEMBER 24, 1998 - PAGE 11 Councilor Scheckla asked about warranties, the ability to add on buildings, the ability to shift equipment as employees moved around, and if the modular units were included. Mr. Roy said that the modular units were included. He confirmed that the system was expandable, and that the hardware could be removed and reinstalled in another location at any time (excluding the wiring in the walls). He noted that they would have two controlling computers operating the system, one in Human Resources and one in Building Maintenance. Councilor Scheckla asked if the cards could be duplicated. Mr. Roy stated that the cards could not be reproduced because of the programming encoded on them when they were made. He explained that the City could program a card to allow access to a particular door in a particular building from a particular time on a particular day through a particular time and day. He said that if someone tried to use an invalid card, that attempt would be recorded but they would not gain access. Ms. Newton pointed out that when an employee left the City, the City removed all access rights from that card. Mr. Roy commented that this system provided protection not only for employees but for City assets also. Councilor Scheckla asked why the bids were so far apart and different from the budget estimate. Mr. Roy explained how the bid differences were due primarily to differences in the warranties offered. He commented that his budget estimate was based on information given to him by the vendor whose own bid came in twice as high as the dollar figures he gave to Mr. Roy. He said that he did not really know why the prices were so different but he thought it had something to do with competitors hiding their prices from each other. Motion by Councilor Moore, seconded by Councilor Rohlf, to adopt Resolution No. 98-66. The Deputy City Recorder read the number and title of the resolution. RESOLUTION NO. 98-66, A RESOLUTION APPROVING BUDGET ADJUSTMENT NO. 7 INCREASING APPROPRIATIONS FOR THE CARDLOCK SECURITY SYSTEM. Motion was approved by unanimous voice vote of Council present. (Councilors Rohlf, Scheckla, Hunt, Moore and Mayor Nicoli voted "yes.") 8.2 Budget Adjustment for Cardlock Security System Motion by Councilor Moore, seconded by Councilor Rohlf to award the base bid and Option 1 to Entrance Controls for $87,104.00. Motion was approved by unanimous voice vote of Council present. (Councilors Rohlf, Scheckla, Hunt, Moore and Mayor Nicoli voted "yes.") Councilor Hunt mentioned the police alarm button underneath the Mayor's desk. Ms. Newton said that was tested periodically, although they always informed the police of the test in advance. Mr. Monahan suggested calling 911 directly at this time of night. CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 12 f 9. EXECUTIVE SESSION - Cancelled 10. ADJOURNMENT: 9:08 p.m. 7 sica Gomez, Deputy City Recorder CITY COUNCIL MEETING MINUTES - NOVEMBER 24, 1998 - PAGE 13 Date: C~ C COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684.0360 BEAVERTON, OREGON 97075 Legal Notice Advertising eCity of Tigard ° ❑ Tearsheet Notice 13125 S11 Hall Blvd °Tigard,Oragon 97223 • ❑ Duplicate Affidavit 'Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss- 1, Vnth snytInr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTiga,-rl-'r,,a 1 nt- i n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid oun)y and state; tb t the T1Qdr City Council/Board 1.leetinQ a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: November 19,1998 Legal Notice TT 9 2 7 0 Subscribed and sworn to fore me thisl 9+-1, rlny of 17amt-tuber, 1996 OFFICIAL SEAL ROSIN A. BURGESS Not Public for Oregon NOTARY PUBLIC-OREGON My Commission Expires: ! COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT The following meeting highlights are published for your information. Full agendas may be obtained from the City Recorder; 13123 SW Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171. TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETING November 24, 1998 - 6:30 P.M. . TIGARD CITY HALL -TOWN HALiI 13125 SW HALL BOULEVARD, TIGARD, OREGON • Review Status of Council Goals * Ordinance - 76th and Milton Court - Action to Resolve Parking Re- lated Issues on SW 76th Avenue and Milton Court * Executive Session TT9270 - Publish November 19, 1998. s .tom GtUd~ AGENDA ITEM # S '1 00 FOR AGENDA OF 11/24/98 ISSUE/AGENDA TITLE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: Loreen Mil} /29±1~2 DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Training session for Council - highlights of current Council liability coverage. STAFF RECOMMENDATION This is a training session for Council to raise awareness about the type of liability coverage available for Council members. No staff recommendation is needed. INFORMATION SUMMARY Over the last few weeks, have been questions by Council members regarding the type of liability coverage available for the Council. Mr. Ron Graybeal, with JBL&K, is the City's Insurance Agent of Record. He will be sharing an overview of the current coverage the City has through City-County Insurance Services (CCIS). Mr. Tim Ramis, with the O'Donnell, Ramis firm, serves as the City's Legal Counsel. He will be reviewing a more detailed explanation of the Oregon Tort Claims Act, CCIS's liability & ethics legal expense coverage, and some examples of how the courts and CCIS cover different types of claims. The training session has been designed to answer the questions Council has asked over the last few weeks. For that reason, additional questions from the Council will be taken at the conclusion of the training session. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A t . JBILK Sfud4~ S~otio~u CITY OF TIGA. TRAINING PRESENTED BY: TIMOTHY V. RAMIS .L 0 nvE1 1'~d A ~~9 1. Statutory Responsibility A. Oregon Tort Claims Act (OTCA) The OTCA is found at ORS 30.260 to 30.300. A tc.• : is defined to rneai. "the breach of a legal duty that is imposed by law, other than a duty arising from contract or quasi-contract, the breach of which results in injury to a specific person or persons for which the law provides a civil right of action for damages or for a protective remedy." ORS 30.270 limits the amount of liability a City, its officers, employees or agents can incur. Those amounts are as follows: $50,000 in damages for any single accident or occurrence; $100,000 in special damages for any single accident or occurrence; $500,000 for any number of claims arising out of a single accident or occurrence. ORS 30.265(3) provides that "every public body and its officers, employees and agents acting within the scope of their employment or duties, or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276.598, are immune from liability for: Any claim for injury to or death of any person covered by any workers' compensation law. Any claim in connection with the assessment and collection of taxes. Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused. Any claim which is limited or barred by the provisions of any other statute, including but not limited to any statute of ultimate repose. Any claim arising out of riot, civil commotion or mob action or out of any act or omission in connection with the prevention of any of the foregoing. Page 1 Any claim arising out of an act done or omitted under apparent authority of law, resolution, rule or regulation which is unconstitutional, invalid or inapplicable except to the extent that they would have been liable had the law, resolution, rule or regulation been constitutional, valid and applicable, unless such act was done or omitted in bad faith or with malice. ORS 30.275 requires that notice of claim must be given as required by this section. This is a very important step in the process. If you receive such a notice, or what you believe might be such a notice, notify the City Manager immediately. If no notice of claim is given, the action will not be maintained. The plaintiff has the burden of proving that notice of claim was given as required. ORS 30.282 allows a local public body to procure insurance against liability. The City has such insurance with CCIS. If officers, employees, or agents commit a tort, the City shall defend that person pursuant to ORS 30.285(1) which provides that: "The governing body of any public body shall defend, save harmless and indemnify any of its officers, employees and agents, whether elective or appointive, against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of duty." The provisions of this statutes do not apply in case of malfeasance in office or willful or wanton neglect of duty. This does not include ethics claims against an officer, an employee or an agent of the City. "Malfeasance" includes conduct showing moral turpitude, such as the commission of an act which is morally wrong and unlawful; intentional misconduct. "Willful or wanton neglect of duty" means intentional and includes failure to act. A person commits a wilful act when the person knows what she/he is doing and intends to do what she/he is doing. Usually a deliberate action lacking sound reason or cause. Pursuant to ORS 30.287(1), if a tort is committed, the City must provide counsel to appear and defend the officer, employee or agent, unless after investigation it is determined that the claim or demand does not arise out of an alleged act or omission occurring in the performance of duty, or that the act or omission complained of amounted to malfeasance in office or willful or wanton neglect of duty, in which case the City shall reject defense of the claim. ORS 30.290 allows the City to settle claims, subject to the provisions of any contract of liability insurance. Page 2 Claims brought in state court under 42 USC § 1983 are not limited by the provisions of the Oregon Tort Claims Act. See: Rogers v. adgr, 306 Or 267, 760 P2d 232 (1988) II. Proposed Resolution A. The resolution adopts a clear policy to provide defense and indemnification of non- tort matters. B. The purpose of the policy is to provide officers and employees reimbursement for the defense of claims and charges brought against them which arise out of their good faith performance of their duties and indemnification from judgments. Because the Oregon Tort Claims Act does not encompass certain charges which may be brought against City officials and employees arising from good faith performance of their duties, the policy addresses other claims which may arise including but not limited ORS chapter 244 ethics claims and contractual violations. C. The policy specifically address repayment of ORS chapter 244 claims. Section 7 of the policy provides that the employee or officer is initially responsible for providing and paying for their own defense. The officer or employee will be reimbursed by the City for those costs if exonerated. D. CCIS Insurance Coverage. The City's CCIS insurance coverage provides payment of legal expenses reasonably incurred by a public official of the City arising out of defense of a complaint alleging violation of ORS 244.040 or 244.120 to 244.135. ORS 244.040 prohibits a public official to: use or attempt to use official position or office to obtain financial gain or avoidance of financial detriment that would not otherwise be available but for the public official's holding of the official position or office " ORS 244.020 defines a "public official" as person who is serving the City as an officer, employee, agent or otherwise, whether paid or not. ORS 244.120 to 244.135 provides the method for handling conflicts. M. CCIS Policy - Scope of Coverage for Public Officials The CCIS Trust will pay on behalf of the City all sums with the City shall be legal obligated to pay as damages as discussed below. Page 3 The Trust defines "member" to mean: the City's officers, employees and agents including volunteers, authorized to act on behalf of the City, all acting within the scope of their employment or duties whether arising out of a governmental or proprietary function. "Member" shall include any party whom the City covered under this coverage agreement has agreed to hold harmless, indemnify or defend pursuant to a contract or other agreement lawfully entered into by the City. However, in no event shall coverage under this coverage agreement extend to such party for any claim arising out of an occurrence after the expiration of this coverage agreement of the expiration of the contract or agreement entered into by the City, whichever shall occur fires. Further, in no event shall coverage under this coverage agreement extend to such party for any claim, however, or whenever asserted, arising out of such party's sole negligence. A. Coverage A "Liability arising under Oregon Revised Statues 30.260 to 30.300; asserted pursuant to ORS 30.260 to 30.300; and caused by an occurrence."' B. Coverage B "Liability arising under 42 U.S. Code, §1983,42 U.S. Code §2000e et seq. (Title VII of the Civil Rights Act of 1964), 29 U.S. Code §621 et seq. (Age Discrimination Employment Act of 1967); The Americans With Disabilities Act; The Civil Rights Act of 1991; 42 U. S. Code §1981; The Fair Housing Act 42 USC 3601 et seq.; or any law amendatory thereof, provided such liability is caused by an occurrence." C. Coverage F "Legal expenses reasonably incurred by a public official of the City arising out of defense of a complaint alleging violation of ORS 244.040 or 244.120 to 244.135, subject to the terms and conditions set forth on page 7 below." D. Exclusions There are exclusions to which the coverage agreement does not apply. Of particular interest is Exclusion g which provides that the coverage agreement does not apply to: " any liability arising out of or in any way connected with the operation of the principles of eminent domain, condemnation proceedings, or inverse condemnation, by whatever called, whether such liability accrues directly against the member or by virtue of any agreement entered into, by or on behalf of the member." ' An occurrence is defined to mean "an event, act, error or omission or a continuous or repeated exposer to conditions, any of which occurs during the coverage agreement period." Page 4 E. Ethics l Expense Coverage (page 7 conditions as stated in Coverage F) 441. The amount the Trust will pay shall be limited to $2500 for any individual public official for all complaints arising in any one Fund Year. 2. The amount the Trust will pay shall be limited to $5000 for all public officials of any one City for all complaints arising in any one Fund Year. 3. The Trust shall have no obligation to pay for legal expenses unless the public official notifies the Trust of a complaint within 30 days of first communication with the Oregon Government Standards and Practices Commission. 4. The Trust shall have no obligation to pay legal expenses unless defense counsel has been selected by the Trust, or, if selected by the public official, approved by the Trust. 5. The Trust shall have the right to independently investigate any complaint alleging violation of ORS 244.040 or 244.120 to 244.135. 5. Payments for legal expenses shall normally be made as such costs are incurred the Trust shall have the right to withhold payment until final resolution of a complaint. In such a case, no payment shall be made unless the public official prevailed. 7. The Trust shall be subrogated to any amounts recoverable by the public official from the public body, other collective insurance, or pursuant to ORS 244.400." M. Examples Example #1 Councilor has an ethics claim brought against him and wins. Councilor seeks to recover costs associated with attorneys fees in the amount of $10,000 from the City. The City in turn seeks to recover costs from its insurance carrier. Must the insurance carrier provide reimbursement? Although the insurance policy Tigard has with CCIS does provide for reimbursement of reasonable attorney fees incurred, it does not require CCIS to reimburse the City for all costs incurred in such a defense. See discussion of Coverage F, above. Page 5 In Tualatin v. CCIS, 321 Or 164 (1995), Tualatin brought suit against its insurer (CCIS) to recover costs the mayor incurred in defending himself against an ethics claim. The Supreme Court found that the statute requiring a municipality to provide defense for its public officers (ORS 30.285(1), 30.287(1)) did not impose on municipalities the duty to defend officers against ethics complaint. The Court also found that under the provisions of the insurance contract Tualatin had with CCIS, the city had no right to recover costs of defending the Mayor from CCIS. Example #2 A councilor presides on an intergovernmental board. The City is one member of the intergovernmental agency. The board frequently signs contracts for services. Is the councilor covered by the City's insurance when acting as a board member of the intergovernmental agency? The councilor is covered by insurance for tortuous acts, but not for contractual violations. However, the City's proposed policy would cover defense and indemnification costs incurred by the councilor if the councilor's actions were within the scope of the policy. The signing of the contract in the member's role as the City's representative on the Board would fall within the scope of the policy so long as the policy criteria were met. Example #3 The City Council has been discussing the possibilities of urban renewal in work sessions but has taken no formal action one way or the other. While speaking to some citizens, a Councilor represents himself as speaking on behalf of the City, and makes representations or promises regarding the urban renewal. The citizens buy property based on the statements made by the Councilor. The Council does not form an urban renewal and property values decrease. The property owners make a claim for damages due to the Councilor's misrepresentations. Is the Councilor covered by the City's insurance in this situation? No, because the councilor actions constitute malfeasance and are outside the scope of his employment or duties and the provisions of the OTCA do not apply in case of malfeasance in office or willful or wanton neglect of duty. Although the OTCA does not define "malfeasance" the term necessarily involves greater culpability than negligence. acm/9 0024/insurance.tm(11/20/98) Page 6 RESOLUTION NO. CITY OF TIGARD, OREGON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD ADOPTING A POLICY REGARDING DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES IN PROCEEDINGS NOT SUBJECT TO THE OREGON TORT CLAIMS ACT (OTCA). WHEREAS, ORS 30.260 to 30.300 (the Oregon Tort Claims Act - OTCA) requires the City of Tigard and all other public bodies to defend and indemnify its officers and employees from tort claims arising from the performance of their duties; and WHEREAS, one purpose of the OTCA is to prevent persons from being discgpraged from public service on the City Council, appointed boards, committees and commissions or as City officers and employees because of fear of lawsuits; and WHEREAS, the OTCA does not encompass certain charges which may be brought against City officials and employees arising from good faith performance of their duties; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD THAT: Section 1: The City Council hereby enacts the following policy: DEFENSE AND INDEMNIFICATION OF CITY OFFICIALS IN PROCEEDINGS NOT SUBJECT TO THE OREGON TORT CLAIMS ACT (OTCA), AND DEFENSE OF CLAIMS BROUGHT PURSUANT TO ORS CHAPTER 244 (GOVERNMENT STANDARDS AND PRACTICES). Public Purpose for Polity It is in the public interest of the City of Tigard that Tigard's officers and employees be free of the personal financial hardship resulting from having to defend claims and charges (other than "true" crimes punishable by imprisonment) which are beyond the scope of the OTCA and which arise out of their good faith performance of their duties. For the purpose of this policy, the City's "officers and employee's" include: City elected officers, members of the City's official advisory boards, committees and commissions, charter officers and all employees. 2. General Rule. The City will defend and indemnify any City officer or employee and pay the cost of defense and the amount of any judgments entered against the officer or employee. The City reserves the right to not defend or indemnify if the action or omission of the officer or employee was in bad faith and with malice. RESOLUTION NO. _ Page 1 Good faith is absent if the officer or employee knew or reasonably should have known that the action or omission would violate the law, rule or regulation which he or she is charged with violating, or if the officer or employee acted contrary to the advice of legal counsel. 3. Limitations on Defence and Indemnification of Crime Punishable by Imprisonment In no event should the resources of the City be committed to the defense and indemnification of a City officer or employee charged with a crime punishable by imprisonment unless the Council is satisfied that: a. The offense charged is based solely on the alleged negligence of the officer or employee, and the officer or employee was not malfeasant in office nor wilfully or wantonly neglectful of official duty; and/or, b. It appears that the allegedly criminal act or omission was done or omitted as a conscious and good faith choice between evils in response to an emergency, or as a conscious and good faith attempt to protect persons from injury, disease, or to protect property from damage or destruction, either of which would have been likely and substantial had the officer or employee not acted in the manner charged; and/or, c. The only basis for charging the official is vicarious liability for the misconduct of a subordinate, and where the official clearly did not participate in or condone the subordinate's conduct knowing or having good reason to know it to be unlawful. 4. Defense and Indemnification Condition' Any commitment of City resources, pursuant to this policy must be contingent on the Council's continued satisfaction that the conditions found to justify defense and indemnification continue to be met. Should it appear that the officer or employee has misstated or failed to disclose facts which, if known, would have changed the initial decision to defend and indemnify, the City's commitment to that person's defense and indemnification shall be withdrawn and the City shall be entitled to recover from that person any public funds expended on that person's defense and/or indemnification. Payment of Costs; Reimbursement of City, Ordinarily the commitment to defense and indemnification of an officer or employee will involve direct payment of defense and indemnification costs as they are incurred. In any case, however, the Council may choose to commit only to reimbursement of validated expenses in the event the officer or employee is ultimately exonerated. If the particular law, rule or regulation under which the officer or employee has been charged provides for payment of costs and/or attorney fees if the officer or employee prevails, the City shall be entitled to reimbursement of any such costs and/or attorney fees paid by the City. RESOLUTION I-TO. _ Page 2 6. No Entitlelnent to Defense and Indemnification. Nothing in this policy should be construed to entitle any officer or employee to defense and indemnification. The intent of this policy is to vest discretion with the Council with certain restrictions as to when defense and indemnification funds may not be provided. In each case the Council should be guided by considerations of what is in the best interest of the City of Tigard subject to the above conditions and restrictions. 7. Defense of ORS Chapter 244 Claims. In the event a claim is made against any officer or employee pursuant to ORS Chapter 244 (also known as Oregon Government Standards and Practices), the officer or employee is responsible for providing their own defense. The officer or employee will be reimbursed for the costs of providing their own defense, if the officer or employee is exonerated. PASSED: This day of , 1998. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard APPROVED AS TO FORM: City Attorney jme/acm/90024/ethicscoverage.re3(11/20/98) RESOLUTION NO. Page 3 Agenda Item No. 3 , TIGARD CITY COUNCIL meeting of 1- D`4 • q~ MEETING MINUTES -SEPTEMBER 22, 1998 • STUDY SESSION > Meeting was called to order at 6:32 p.m. by Mayor Jim Nicoli > Council Present: Council President Paul Hunt, Councilors Brian Moore, Bob Rohlf and Ken Scheckla; Mayor Jim Nicoli arrived at 7:20 p.m. > Staff Present: City Manager Bill Monahan; Legal Counsel Tim Ramis; City Recorder Catherine Wheatley; Asst. to the City Manager Liz Newton; Public Works Director Ed Wegner; City Engineer Gus Duenas; and Community Development Director Jim Hendryx. > Guests Present: Commissioner Erik Sten, Angela Wilson, Mike Rosenberger > SEWER REIMBURSEMENT DISTRICTS Bill Monahan, City Manager, reported that City Engineer Gus Duenas was working on a sewer reimbursement district in the Hillview area to connect two properties at a cost of approximately $20,000. He referred to a cap of $8,000 per person as suggested by Mr. Duenas; Mr. Monahan asked Council if they had any concerns about the proposed $8,000 cap. He reported that both property owners were willing to pay that amount. Councilor Moore asked where $8,000 fell in the range of property owner contributions. Gus Duenas, City Engineer said that usually the districts were about $6,500 per property but now in the areas of tougher terrain, the cost was about $8,500 to $9,500 per property. He commented the total costs to property owners would be about $12,000, even with the cap, because of other fees and the costs of closing their septic tank system. He stated that he thought that $8,000 was a reasonable amount for the residents to pay while the City's maximum portion would be $15,000. Beyond that, it was probably not worth doing the district. He explained that the City's contributions would come from the sewer fund. Councilor Scheckla asked if the property owners were supportive. Mr. Duenas reiterated that the two property owners supported moving ahead with the district at a cost of $8,000 each. He explained that the terrain in the Hillview area was difficult; and that these two properties were the last in this area to hook up. Mr. Duenas said that they were in the process of drafting a resolution to implement the $8,000 cap with re-evaluation in two years as an incentive to encourage people to hook up to sewer within the next two years. Councilor Scheckla asked if there were other pending districts. Mr. Duenas said that the 1000, and Inez project was pending (12 properties), and that the residents at 106"' and Johnson (10 properties) have expressed some interest in a district. The Council agreed by consensus to direct staff to return with a resolution limiting the exposure to an individual propei~y owner iu $8,000. Mr. Duenas said ihai staff wumd reiurn with. a resolution on October 13, 1998, but would staft the bid process immediately for the Hillview district so the project could be completed this year. Tigard City Council Meeting Minutes - September 22, 1998 - Page 1 > CITIZENS FOR SAFE WATER Mr. Monahan referenced the letter Jim Hansen presented at last week's Council meeting asking to schedule on the agenda a discussion of his assertion that Tigard was not complying with the operating policies of the WWSA. He stated that staff requested that Kevin Hanway draft a letter with his response to the issues raised. He said that Mr. Hanway found that the issues raised in the Hansen letter were taken out of context. He stated that he would like Mr. Hanway to finalize the letter for presentation to the Council on October 20, 1998. Councilor Hunt asked staff to verify his understanding that the WWSA legal counsel agreed with Mr. Hanway's findings. Councilor Rohlf spoke to sending the letter to Mr. Hansen before putting the issue on the agenda. The Council concurred that the matter should not be placed on the agenda at this time, and that Mr. Hanway's letter should be provided to Mr. Hansen as a response to the issues he raised. > EAGLE HARDWARE LETTER Mr. Monahan referenced the letter from Eagle Hardware to ODOT that was copied to the City. Jim Hendryx, Community Development Director, explained that Michael Robinson, attorney representing Eagle Hardware, called today and asked for a continuance. The continuance would give them time to revise their plans to eliminate the southern driveway and to submit a new traffic analysis addressing concerns. He confirmed that the southern driveway did not appear to be needed for the traffic flow and presented problems because of its location too close to the Hampton intersection. Mr. Hendryx reported that ODOT requested a meeting with staff to discuss their concerns with this project. He commented that the meeting went well. > RITE CENTER Councilor Scheckla mentioned the Community Development Block Grant proposal with conditions for the Rite Center that were developed at a CDBG committee meeting. He said that if Interfaith Outreach Services did not sign the agreement by October 1, the agreement went away. He reported that this money would help IOS pay their construction people, noting that they were in danger of going into default on their building. He commented that they lacked the $4,000 a year needed for operating expenses, and had a lot of problems to work out before their target opening date of November 1. Councilor Hunt asked to schedule the Rite Center for discussion at a study session next month. He mentioned their lease of the City building. Councilor Scheckla reported that IOS staff stated at a meeting in Beaverton that they would continue to use the Tigard building as a warehouse for supplies and equipment. Mr. Monahan suggested scheduling the Council discussion for the October 20, 1998, workshop meeting. > LEAGUE OF CITIES CONFERENCES Mr. Monahan reminded the Council that the deadline for early registration for the National League of Cities Conference in Kansas City (Dec 1 through Dec 5~ was this Friday. He also mentioned the League of Oregon Cities Conference coming up (V weekend in November). The Council discussed wnicu CoiifVrcii%c to attend. C-,_,rcilors Rohlf and Hunt said that they would not attend the national conference. Tigard City Council Meeting Minutes - September 22, 1998 - Page 2 > EXECUTIVE SESSION C The Tigard City Council went into Executive Session at 7:00 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session recessed back to Study Session at 7:09 p.m. > TRAIN DAY UPDATE Liz Newton, Assistant to the City Manager, reported that the pre-event work for Train Day was going well. She mentioned the need for additional volunteers on some shifts. Councilor Hunt suggested that each Councilor attend a different volunteer event on "Make a Difference Day" as they did last year. Cathy Wheatley, City Recorder, mentioned the volunteer projects of painting the Tigard High School fence, the library, recycling pots, tree planting on the downtown tracks, setting up the Villa La Paz library, and landscaping a&the IOS building. Ms. Newton reported that the Volunteer Coordinator said that they were getting a good response. Mr. Monahan explained staff's policy regarding political campaigning at the Train Day event. He said that staff would not prevent anyone from handing out literature, but that they would not allow posting signs within the public right-of-way or placement of campaign literature on City tables or property. He commented that they wanted to avoid giving the impression that the City supported any given candidate. At Councilor Scheckla's request, staff reviewed the safety precautions in place to facilitate viewing of the train by students and citizens. 'Mr. Monahan reviewed staff's expectations regarding parking. He reviewed the logistics of unloading and loading the kids on and off the buses. He mentioned the Public Works crews clearing out the vegetation under the overpass to spruce up the area for the commuter rail. > PUBLIC INFORMATION - WATER ISSUES Ms. Newton reported that staff has a list of PSOs from the school district, a map of all subdivisions of over 50 homes, a map of all neighborhood watches, and a map of the major apartment complexes in the City, as part of their work to inform the public of the water issues. She mentioned that she and Ed Wegner would meet with Rocky Bowler & Associates on Thursday to put together information on the water, library, and space issues. Councilor Hunt suggested not addressing the water issue until after they had some facts to go on. Ed Wegner, Public Works Director, explained that staff intended to stay on course with regard to the December 15 report. He concurred with Councilor Rohlf that, in addition, the City needed clear-cut answers on water quality issues right now in order to address some concerns regarding the Willamette River water. Councilor Rohlf explained that he saw one of their two options rapidly fading under public opinion because of the opposition promoting fear. He expressed concern that the public might become so afraid that they would not listen to anything else, no matter how sensible a solution was proposed. He held that they were losing ground while waiting for the report and should instead use some of the opposition's tactics to reach people. Mr. Wegner mentioned that ROCKY Bowler would attend the October 13 meeting to present ideas to Council on how to inform the public. Tigard City Council Meeting Minutes - September 22, 1998 - Page 3 > Mayor Nicoli arrived at 7:20 p.m. Councilor Hunt stated that following Commissioner Sten's presentation he would read a memo he wrote regarding the water issues. > Mayor Nicoli recessed the study session at 7:21 p.m. Mayor Nicoli and Ms. Newton discussed logistical details yet to be worked out for Train Day. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7:35 p.m. 1.2 Roll Call Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla were present. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA ® Mary Ann Melvin, Citizens for Safe Water, urged the Council to send the drinking water source issue to the voters. ® Bonnie Bishop, Citizens for Safe Water, read a letter objecting to the Council seriously considering the Willamette River as a source of drinking water, and urging them to pursue the Bull Run supply system. She cited the Oregonian article reporting the results of a phone survey that indicated a change in the opinion of Wilsonville residents from favoring a treatment plant on the Willamette to favoring the purchase of Bull Run water from Portland. Gretchen Buehner,13045 SW Jacob Court, said that she was speaking as a private citizen, not as a member of the Tigard Water Board. She reviewed her volunteer work with the Portland Water Bureau in the 1980s. She mentioned the Portland policies that city residents should not be responsible for funding capital improvements and that the City would not give up any ownership interests in Bull Run. She asked if guaranteed ownership interest in Bull Run would be addressed in a contract between Tigard and Portland. She asked if all capital improvements necessary to supply water to municipalities outside of Portland would be paid for by the citizens of those municipalities. o Jim Hansen, Ironwood Loop, urged the Councilors who have not met with Portland staff to ask Commissioner Sten any questions they had. Tigard City Council Meeting Minutes - September 22, 1998 - Page 4 • Linda Ames, Citizens for Safe Water, expressed concern that the public was not aware of the Council's actions. She spoke to citizens either voting on the matter or voicing their concerns directly to the Council. As a realtor, she expressed concern about property values in Tigard if the filtered Willamette River water was their drinking water. o Edith Gerard, King City, read a letter asking the Council to consider other options prior to looking at the Willamette River. These options included controlling the amount of housing in the area until the water problem was solved, continuing to use Bull Run water for the next 50 years, and assessing fines to communities and industries that polluted Willamette River. She supported sending the issue to the voters. 3. CONSENT AGENDA Motion by Councilor Hunt, seconded by Councilor Rohlf, to approve the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 3.1 Approve Council Minutes of. August 18 and 25, 1998 3.2 Local Contract Review Board a. Award Contract for the Construction of Fanno Creek Trail - Segment 6a (Ash Avenue/Fanno Creek) to Anderson Pacific, Inc. b. Award Bid for Window Repairs at City Hall and Library c. Award Bid for Cardlock Security System to be Installed at City Facilities 4. HEAR A PRESENTATION ON PORTLAND'S WATER PROPOSAL (LONG-TERM SUPPLY) Ed Wegner, Public Works Director, introduced Portland Commissioner Erik Sten who oversaw the Water Bureau and his staff, Angela Wilson and Michael Rosenberger, Water Board Administrator. Commissioner Erik Sten reviewed Portland's deliberations regarding the water supply situation in the region. He said that, given the 100-year-old Bull Run system and the growth in the city and the region, they were in the process of assessing what Portland's water system would look like for the next 100 to 200 years. He said that the Bull Run remained a great source of water with no problems; the issue was how to transform their system into a regional water system. He commented that they realized that they had to make these decisions more quickly than anticipated because of water supply problems in the region, and have been working for the last eight months on numbers and scenarios for a future Portland water system. Commissioner Sten reported that annually Portland took out approximately 45% of the Bull Run watershed capacity. Of that 45%, 60% went to Portland residents and 40% was sold to their 19 wholesale water customers; around 800,000 people used Bull Run water. He noted Portland's conclusion: while there was plenty of water available in Bull Run to serve the region's needs, a transmission system to get the water throughout the region would be expensive and time- consuming to build. Tigard City Council Meeting Minutes - September 22, 1998 - Page 5 Commissioner Sten emphasized that the issues were the transmission system and sufficient water storage capacity. He explained that during the September to June rainy season they had no problems with storing sufficient water for everyone to use but if the dry season began in May, not June, then they did not have sufficient storage capacity for the summer months. Commissioner Sten stated that Portland had no position on what any given water jurisdiction should do; that was a local decision. He said that philosophically they thought that Bull Run could serve as a. regional asset. He stated that they were interested in using the Bull Run to supply water throughout the region if it was financially feasible and in the interest of all parties. He commented that they would like to build towards a system that supported itself throughout the region with the three main water sources - Bull Run, Clackamas River, and Trask River - backing each other up. Commissioner Sten stated that Portland has concluded that their system could be expanded to serve any foreseeable customer base in the region. He said that they saw the Portland system remaining strong for another 20 years during the summer months. He reviewed their strategy of using well fields water to supplement Bull Run water during a dry year. He commented that the 20-year window could be stretched to 50 years with conservation and more efficient use of water. Commissioner Sten explained that expanding the system really meant expanding water storage in the summer. He reviewed different ways to expand the system. A third dam and reservoir would double their capacity and probably provide enough water to serve the region for several hundred years. He commented that they would probably not do that if westside customers found another water source. He mentioned raising the dams to provide additional capacity, building a filtration plant to filter the muddy bottom water and allow them to drain the reservoirs all the way down (instead of stopping at a certain level as they did now), and building underground storage tanks on the westside. Commissioner Sten commented that it was as difficult for Portland to make decisions on how to expand its water system without knowing what its customer base was going to do as it was for their customer base to decide on water sources without knowing what Portland was going to do. He proposed that the region work together to develop a transmission plan and different ways to make a regional system work that everyone could review. He said that they would have preliminary numbers available by the end of the year. Commissioner Sten stated that Portland could serve the needs of its current customers, and was open to discussing a regional water supply plan using Bull Run water. He said that they were also willing to renegotiate a long-term contract with Tigard. He mentioned that they expected Tigard to be a negotiated part of paying for expansions to the system. Commissioner Sten commented that it was the local jurisdictions' call on comparing the costs of the different options, including the Portland scenario. He said that Portland has not been driving a particular timeline other than saying that they would like to see the region agree on the numbers and facts with each jurisdiction making its own decision. He stated that as the jurisdictions made their decisions, Portland would make its decision on an expansion strategy. Commissioner Sten pointed out that Portland has always treated its wholesale customers the same as Portland customers. He said that they anticipated writing a contract that gave Tigard the same certainty as Portland had. He mentioned their openness to discussing some sort of ownership position or something that moved beyond a contractual relationship; especially for a transmission system to Tigard from Bull Run. Tigard City Council Meeting Minutes - September 22, 1998 - Page 6 Councilor Hunt read a memo expressing his personal thinking on the water issue. He pointed out that he was the Councilor most familiar with water issues and active in water groups. He expressed the City's appreciation to Commissioner Sten for his interest in working with Tigard to find a mutually beneficial solution to Tigard's long-term water situation. He mentioned that the Tigard staff had a target date of December 15, 1998, to provide the City Council with factual information concerning the use of the Willamette River as a water supply source, based on their work with the Willamette Water Supply Agency (WWSA). Councilor Hunt noted that the top priority water concerns listed by Tigard citizens in the recent phone survey were purity of tap water and costs. He said that, while they would prefer Bull Run water, they would not be reluctant to use Willamette River water properly filtered, as their studies indicated that a filtration plant properly designed could produce water that met all the government water quality tests. He asked that Portland provide by December 15, 1998, its proposal on transmission strategy and projects costs of providing water to Tigard so that the Council could consider both alternatives. Councilor Hunt stated that he understood that the Portland City Charter stated that Portland could sell only surplus water. With respect to an assurance of a long-term water supply, he spoke to evaluating the large investment that Tigard would have to make to receive Bull Run water along with the guarantee of a long-term water supply at a reasonable rate. He spoke to Portland providing the option of ownership, given the ability of a future Council to change an agreement. He said that he needed an answer on the costs and ownership issues before he could recommend consideration of Bull Run as a long-term water supply. Commissioner Sten said that there was not much disagreement that Bull Run was the better raw water source or that modern filtration techniques allowed drinking of Willamette River water just fine. He agreed that, all things being equal, most people would prefer to drink Bull Run water, but it was up to the Council to decide if all things were equal. He stated that they would have cost estimates for high-end and low-end scenarios by December 15, 1998. Commissioner Sten concurred with Councilor Hunt's characterization of the assurance of long- term water supply situation. He said that his Council's intent was to reach a long-term arrangement that was good for both parties. He commented that they did not foresee any time when Portland would not have surplus water, given that they utilized barely 60% of the Bull Run capacity now. He reiterated that the surplus depended on their storage ability. Commissioner Sten stated that Portland was open to a different contractual arrangement, particularly within the context of a regional system. He emphasized that they would work towards what worked best for both parties. He stated that they believed with a reasonably high certainty that Portland could serve Tigard's water needs. He commented that the decision on costs, quality, and long-term assurance was a local political and factual judgment. Councilor Rohlf commented that he understood the Commissioner to say that the wholesale water users would pay for a transmission system but only participate in the costs of underground storage. Commissioner Sten stated that he would not expect Portland ratepayers to pay for the costs of a transmission system to bring water to the suburban users; that cost would be paid by the suburban users. He said that since there was some benefit to Portland in having additional storage tanks, Portland would participate with the suburban users in the costs of building tanks but the burden would fall more heavily on the contractual customers because the system was essentially being built for them. Councilor Rohlf mentioned that the sentiment at the Portland Water Bureau has changed under Commissioner Sten's administration from the previous lack of interest in partnering to an Tigard City Council Meeting Minutes - September 22, 1998 - Page 7 interest in building regional relationships for ongoing partnerships. He asked how they could continue to build those relationships to avoid Tigardobeing left "high and dry" in the event of a future contractual dispute. Commissioner Sten pointed out that the existing water supply contracts were 30 years old and written during a very different era. He confirmed that Portland was now interested in regional decision making. He commented that while they were open to discussion, they could not model every possible scenario. He asked the Council to look at the Portland proposal in December and ask their questions on the kind of a relationship that might work for Tigard. He said that Portland would then see what they could do to work something out. Councilor Rohlf commented that his sense from the last two Regional Water Consortium meetings was that they were a long way away from regional consensus. He said that whatever they did would more likely be done with Tigard and one or two other partners, as he did not see a rapid answer coming from the Consortium. Commissioner Sten concurred but commented that they should not make decisions that did not make sense from a regional point of view. He reiterated that Portland wanted to see the regional process move forward, yet at the same time they did not want to interfere with local decisions. Councilor Moore observed that, even if the entire region agreed on Bull Run, there was no guarantee that they could expand the system. He mentioned the environmental issues involved in expanding Bull Run. Commissioner Sten agreed that that was a concern. He reiterated the various strategies available to expand the Bull Run system, emphasizing their confidence that at least one of them would work. Commissioner Sten pointed out that they had at least 20 years to work something out before the system absolutely had to be expanded to accommodate the user base. He spoke to a possible two-tiered approach, in which they found an interim inexpensive way to get water to Tigard while setting a five-year target date to figure out a Bull Run expansion and transmission system. He said that he was certain that they would expand Bull Run one way or another. He spoke to finding a way to make Tigard's investment worthwhile for a long time. Councilor Moore commented that he was excited to have another option available to Tigard. Councilor Scheckla asked about the mixing of the wellfield water and Bull Run water during the summer. Commissioner Sten said that this last summer they drank 100% Bull Run water because it rained throughout June. He explained that they have changed their dry year strategy of waiting until the Bull Run supply ran out and then turning on the wellfields to a strategy of mixing 95% Bull Run water and 5% well-field water early in the summer to stretch the supply. He said that they would stipulate that they were doing so in all contracts. Commissioner Sten said that they informed the public of their water strategies but how much the public knew depended on how much the public paid attention. Councilor Scheckla asked if Portland had an emergency plan for a catastrophic disaster that threatened Bull Run, such as an eruption of Mt. Hood. Commissioner Sten said no, but in a case where both the Bull Run and the Clackamas systems were down, they would probably ask the National Guard to fly in emergency water filters and take water where they could get it. He said that they had a short-term disaster plan in which they worked with their regional partners to work around problems, such as a broken conduit. n^il~r QrhPA-Ia axrnrP.QgPd hig appreciation for Co rnkcionPr Sten's %villingness to ans cr Co - + uncil's questions. Mayor Nicoli thanked Commissioner Sten for coming. Tigard City Council Meeting Minutes - September 22, 1998 - Page 8 o Mayor Nicoli recessed the meeting for a break at 8:25 p.m. Mayor Nicoli reconvened the meeting. 5. REVIEW OF REPORT OF TRAFFIC CALMING ON SW NORTH DAKOTA STREET Liz Newton, Assistant to the City Manager, reviewed the history of this project, beginning last summer with the creation of a citizens' task force. She said that for the Task Force recommendations were implemented for a trial period from January to July and followed up by engineering studies to determine if the objectives were met and Task Force discussion. She said that Ed Halberg would present the Task Force's recommendation on whether or not the traffic devices should remain in place, be modified or be removed. Gus Duenas, City Engineer, reported that the goals to reduce traffic speed and volume were met. The volumes decreased from 3,500-4,500 to 2,500 on the east-west stretch and to 2,000 on the north-south leg (within the minor collector range). He said that the average speed was now 24 mph where the speed humps were installed but 29 mph on the north-south leg, indicating the need for another speed hump in that area. Mr. Duenas mentioned another stretch with speeds of 27 mph but explained that another speed hump there was not advisable because it was too close to the stop sign. He said that staff's finding was that speeds below 30 mph were acceptable. He pointed out that unbalanced traffic volumes with 500 cars going east bound and 2000 going west. Ed Halberg, North Dakota Task Force, reported that the Task Force decided to set back its decision to August 17 upon determining at the August 3 meeting that the Summer Lake Neighborhood did not have sufficient time to poll the neighborhood. He stated that the Task Force felt it very important to keep the objectives and guidelines passed onto the Task Force from the Council as the primary consideration in making its recommendation. Mr. Halberg reviewed the parameters: the road could not be fully closed, emergency services needed to have access, consideration of adjoining neighborhood impacts and impacts on businesses, and pedestrian safety. He reviewed the objectives: speed control, a neighborhood feeling, reduction to reasonable traffic volumes, serving the neighborhood, allowing commercial traffic, and a long-term solution. Mr. Halberg reviewed the results of the Summer Lake Homeowners Association poll. He said that of the 214 homes in the Association, 61 cast votes (29%). Of those 61 votes, 62% favored keeping some type of diverter, either leaving the devices as they were (44%) or making a modification to allow a right turn (29%). He commented that those who wanted a right turn also did not want to see the higli traffic volumes back on Springwood Drive in between Summer Lake and North Dakota. He said that 38% of the respondents favored leaving the devices except for the diverter while 7% wanted everything removed. He mentioned that 153 homes did not vote. Mr. Halberg observed that this data could be interpreted in many ways but that was up to the Council. He said that the Task Force felt that the 153 homes that did not vote had no opinion and would live with whatever decision was made. He commented that these numbers were the official results of the Association poll, as presented to the Task Force, whatever assertions might be made by neighbors speaking this evening. e Mr. Halberg reported that the field test of how long it took to take the new route out of Summer Lake (mandated by the diverter) showed that during non-peak traffic hours it took roughly 2 to 4 minutes while during peak hours it took 3 to 6 minutes. He commented that it was a small inconvenience when weighed against the benefits. Tigard City Council Meeting Minutes - September 22, 1998 - Page 9 Mr. Halberg reviewed the original Task Force recommendation against the parameters and objectives. He stated that the road was not closed and still allowed emergency service access. He cited the numerous polls and questionaires taken of the adjoining neighborhood as meeting the "consider adjoining neighborhood impact" parameter. He said that there has been minimal impact on businesses while pedestrian safety has definitely improved. Mr. Halberg noted that speed control was now within reasonable limits, as reported by Mr. Duenas. He mentioned that since the devices were installed, the number of homes for sale has gone down from 5 to 10 at any particular time to 2, indicating a higher level of satisfaction in living in this neighborhood. He commented that the neighbors could now talk to each other across the street with the reduction in traffic noise levels. He said that this summer significantly more people from the neighborhood and outside the neighborhood walked to Summer Lake Park through the neighborhood. Mr. Halberg noted that the regional traffic volumes have decreased significantly. He cited the decrease in traffic volumes along Springwood Drive between Summer Lake and SW 1215` because people could not make the right turn onto North Dakota. He said that in the last five months he has not received one phone call about near misses on Springwood in contrast to the dozen he received in previous years. Mr. Halberg said that this solution served the neighborhood. He conceded that it was not a perfect solution but held that it was preferable to excessive speeds and traffic. He pointed out that the diverter was the only solution tried that actually worked in reducing speeds and volumes. He said that the only true long-term solution would have been to continue Springwood Drive all the way to North Dakota instead of dumping into the apartments. Mr. Halberg presented the Task Force's recommendation: to retain the traffic calming devices that were in place on SW North Dakota Street between Springwood Drive and SW 121St with the following modifications. These modifications were to paint the traffic pinches for higher nighttime visibility; to paint fog lines between each of the pinches; to plant the area inside the pinches with resident maintenance; to enhance the diverter at Springwood through plantings or other means; to post additional signage on SW North Dakota north of SW Springwood indicating that southbound traffic was prohibited; to install a crosswalk at the North Dakota/Springwood Drive diverter; and to look at another speed hump on SW North Dakota between Springwood and SW 12V. The Task Force also recommended that the City review the need for a diverter at Hawkesbeard and SW 130"' in conjunction with area residents and the 130'h Task Force, Councilor Moore asked if the Fire or Police departments have said anything about the diverter. Mr. Duenas explained that the City flattened the curb at the diverter in order to create the 20- foot clear distance requested by the Fire Department initially. He said that in the second letter he received from the Fire Department, apparently sent by the replacement of the staff person who sent the first letter, this individual requested that the City harden the flattened curb and move back the stop bar. He said that they would harden the curb to prevent landscaping there but moving the stop bar would not work well. Councilor Scheckla asked if there was a police report comparing the accidents and citations occurring prior to the diverter to those occurring during the trial period. Mr. Duenas said that dicy had no duiails un diai informaiion. He expiained how they improved the safety conditions by removing the traffic islands and installing the traffic pinches to force traffic to the middle of the road. HP said that the additional fob lines would also help. Mr. Halberg commented that the kind of accident information requested by Councilor Scheckla was not requested by the Task Tigard City Council Meeting Minutes - September 22, 1998 - Page 10 Force, although they would have gotten that information if they knew Council wanted it. Ms. Newton pointed out that Officer Gary Wayt from the Police Department had been on the Task Force. > Mayor Nicoli opened the discussion to public testimony. Mark Johnson, 11100 SW Tony Court, stated that they built their house in 1986 before North Dakota was punched through to Scholls Ferry with the understanding that that would not be done. He mentioned that the neighbors have been trying for 10 years to get the City to do something effective to address the traffic problems. He stated that he has seen a tremendous difference following the installation of the traffic calming devices last January. He cited more foot traffic and bike traffic from families and children going to the park this summer. He applauded the Council for its efforts to bring livability back to their neighborhood. He strongly urged the Council to keep down the amount of traffic coming from Beaverton through their neighborhood and direct it to the major arterials were it belonged by retaining the traffic calming devices. Debbie Johnson, 11100 SW 'T'ony Court, thanked the Council for their commitment to solving the problem. Douglas Yray,12320 SW North Dakota, said that he has lived in the neighborhood for three- and-a-half years, and that the devices were working. He concurred that the "no right turn" was an inconvenience for Summer Lake residents but pointed out that it was only a minority who expressed concern about the diverter. He testified that the street was becoming a neighborhood and that he has met neighbors whom he never met before. He applauded the Council for allowing the diverter and other devices. o Edith Carnahan, 10985 SW North Dakota, read a letter opposing the traffic diverter because it was a curtailment of the public's right to use the street. She expressed concern at setting a precedent. She asked why this one area had its issues addressed when other areas had just as many problems. She objected to spending taxpayers money on the project. She contended that the diverter should be removed, as it was a hazard. She held that the City could achieve their objectives with speed bumps and traffic pinches. ® Karen Dorr, 10875 SW North Dakota, contended that this project was a waste of taxpayer money and led to lack of consideration of more important city concerns. She asked what would be done to calm the other portions of North Dakota at Greenburg, and from SW115m to SW120 She held that these residents used those residential streets as short cuts and that they should be able to use the subject street in the same way. She asked when the volumes and speeds on the North Dakota street she lived on would be reduced. She argued that the Council should stop wasting money on this North Dakota Street and look into calming the traffic on the other North Dakota Streets. Mayor Nicoli explained that the City spent a great deal of money on reducing traffic speed in residential areas. He urged Ms. Dorr to bring her neighborhood's concerns to the Council in the same way that this neighborhood did. Ms. Dorr reported that when she asked the police last Sunday to deal with cars parked in the no -V;na vnnPc with Pithar cir1P of her rlrivewsv, thev informed her that they did not go out on that type of situation. Mayor Nicoli directed her to speak with Mr. Monahan regarding that matter. He reviewed the City's procedure regarding the installation of speed humps and other traffic calming methods. Tigard City Council Meeting Minutes - September 22, 1998 - Page 11 Louis Gilliam, 10840 SW Summer Lake Drive, contended that the results of the Sununer Lake poll showed that over 60% wanted the diverter either taken out or modified to allow a right turn back at North Dakota. He said that there were only three means of egress from Summer Lake and now only two means of ingress. He argued that the neighborhood was virtually trapped in an island with access only via Scholls Ferry. He spoke to the scope of the study having been too narrow. He suggested authorizing a study of the whole area to find a professional solution instead of allowing amateurs to find a solution that addressed their issues but ignored the ramifications. o Francisco Lopez, 12560 SW Summercrest Drive, Task Force member, stated that from the beginning of the Task Force, the issue regarding the police reports was never raised primarily because there had not been any fatal accidents. The process was intended to prevent those accidents from happening. He said that based on his own observations, prior to the traffic calming devices, there were about three near misses of children a week by commuters going too fast and not paying attention. He has been concerned about the excessive speeds and traffic. He pointed out that they, too, were affected by the elimination of the right hand turn. Mr. Lopez commented that he found it selfish for people to complain about the results when they choose not to become involved in the open forum process sponsored by the City to resolve the situation. ® Mark Erwin, 11135 SW 125`n Place, Task Force member, thanked the Council for the improvements and the process. He cited his 11-year-old daughter's delight that she could now cross North Dakota to get the mail as evidence of the increased livability of the neighborhood. a Mike Culligan, 11347 SW Summerlake, indicated that he was also slightly inconvenienced by the diverter but appreciated greatly the reduced traffic noise from North Dakota which allowed him to enjoy sitting out on his back deck. He mentioned the large number of children in both this neighborhood and Summer Lake that attended the schools just across Scholls Ferry, observing that they were lucky not to have a fatal accident prior to the diverter. He suggested slowing down the northbound traffic with additional speed bumps where the traffic went back up to 35 mph. John L. Cook, 12314 SW Millview Court, thanked the Task Force for the time and effort they have put in. He expressed his appreciation for the eight-month trial period as opposed to the ten-year trial period last time. He asked what happened with the recommendation to talk to the County about changing the timing of the light signals at Scholls Ferry and North Dakota as well as at other intersections. He mentioned the suggestion to install a sign at the diverter stating "No southbound traffic." He suggested additional signage directing people to an alternate route for those who did not know the city. He supported the Task Force recommendations. Mr. Duenas reviewed the report he made to the Task Force on this issue. He said that they hired Lancaster Engineering to do the analysis to determine what was warranted at the intersection. He explained that without sufficiently documented support, the County would not consider making the changes. He said that they were trying for a protected left turn out of SW 12155 onto Scholls Ferry but the preliminary engineering report suggested that it was not warranted. He stated that staff disagreed with some of the engineer's details and would work on the issue with him. Viola Joiner, 12180 SW North Dakota, expressed her delight with the improved livability of the neighborhood resulting from the traffic calming devices. She said that she had hoped for another speed bump between SW 12155 and Anton to slow traffic down. She said that she would be glad to maintain plantings put in the traffic pinch located in front of her house. Tigard City Council Meeting Minutes - September 22, 1998 - Page 12 o Gene McAdams spoke in opposition to the diverter. He conter4ied that the Council had misinformation when it decided to proceed with the project; the design load for a collector street was 3,000 vehicles per day, not 2,000. He stated that the Task Force membership was primarily composed of area residents and property owners, thus lacking objectivity in resolving the situation. He said that he doubted that the City could maintain diverters city wide. Mr. McAdams stated that the Fire Department did ask for changes in their letter. He contended that they stated that they would ask for removal of the barrier if they ran into problems. He said that Aaron Shields, manager of the Meadowcreek Apartments, told him that he knew nothing of the diverter prior to its installation, and that he was considering closing off that access to the complex because of the cut-through traffic. He held that this meant added exposure to liability lawsuits against the City if it prevented access to the complex. Mr. McAdams said that he had supported an approach of trying the other traffic calming devices first as a separate test prior to installing the diverter. He mentioned that the City staff did not recommend the diverter, arguing that the decision was left to the politicians to make an emotional decision rather than a sensible decision based on professional advice and traffic engineering principles. He stated that while the diverter had no impact on him personally, he thought keeping it did have a great impact on the city and its ability to meet planning goals and handle traffic loads. He distributed a document. Leslie Austin, 12440 SW North Dakota, expressed her appreciation for the Council allowing this process and solution. She indicated that the process has been underway for a long time and asked for closure on the matter. She said that it was a good thing for the neighborhood. She commented that other neighborhoods with issues should got through the same process. 6 Bill Gerkin, 15885 SW Alderbrook Circle, Summerfield, said that as a delivery driver for Meals on Wheels, he was familiar with this area. He said that the diverter did not upset him and that the City has done an excellent job to slow down traffic. He mentioned that his street, Alderbrook Circle, was a cut through street from Burnham to Sattler to Durham, and was also dangerous to back out on to due to high traffic speeds. He reviewed the actions he has taken to work with staff in reducing the traffic speeds in his neighborhood. o Debbie Johnson mentioned that during their first attempts to find a solution, the citizens did work with an independent engineering firm. She said that the firm recommended a diverter but they had to go with the round islands (which they knew would not work) because the Council at that time would not consider a diverter. She argued that they have explored all the viable alternatives with the professionals and found that this was the only one that worked. Bob Austin, 12440 SW North Dakota, expressed his appreciation to the Task Force and the Council. He mentioned that the traffic volume in the mornings has been reduced significantly, making it safer for the school children waiting for buses. He said that the neighborhood was ecstatic at the light load of cars in the evening. He concurred with Mr. Duenas that the speed bumps would not reduce the traffic volumes. If the City took out the diverter, they would be back to 2,000 cars every morning. COUNCIL DISCUSSION Councilor Rohlf spoke to issues raised by Mr. McAdams. He pointed out that the City advertised city-wide for task force members but the only ones who were interested were those living in the area. He said that with Mr. McAdams' experience on the SW 130" Task Force, he would have been delighted if Mr. McAdams had participated on this task force also but Mr. Tigard City Council Meeting Minutes - September 22, 1998 - Page 13 McAdams did not choose to do so. He stated that no representative from the Meadowcreek Apartments showed up to any Task Force meeting or sent a letter, even though the meetings were open to the public. Councilor Rohlf stated that the problems on North Dakota came from changes that were beyond the neighborhood's control. He said that the original plans called for a connection between SW 125'' and SW 121" (which would have brought the Beaverton traffic onto the major collector designed to take that traffic), and for Springwood Drive to connect to 121". He emphasized that both these options were foreclosed by decisions made by Beaverton and Tigard. Councilor Rohlf noted that the current plans called for a connection between 125' and Hall. He argued that they needed to train the traffic now to use 1215` and the arterials they were supposed to use. He spoke to continuing with the 1215` improvements discussed during the traffic plan discussion. Councilor Rohlf commented that each member of the Council ran for office with a vision of making Tigard a better place to live and local government more responsive to the citizens. He stated that they could not achieve those goals by hiding behind vague objections about street connectivity or ignoring the harm done to a neighborhood as a result of City decision-making. He said that over the past five years this Council has achieved their goal of being more responsive by finding a balance between the needs of the City and the needs of the groups making a request. Councilor Rohlf said that he considered what policy statement they were making with this particular resolution to a problem. He said that the policy was that they wanted citizen input. He cited examples of situations which the Council resolved with citizen input including installing SW 130"' (the only road in Tigard put in with taxpayer funds), the Durham school signal, the Tigard Triangle, the National Guard Armory excessive noise, Summer Lake Park, the tree ordinance, local sewer LID options, and the North Dakota traffic problems. He reiterated that the Council has done things to respond to concerns brought to them by citizens. Councilor Rohlf stated that in the balance they were trying to reach tonight, one side was regional traffic and the other was a neighborhood in serious jeopardy of livability because of the high volumes of regional traffic using the neighborhood as a cut through to avoid the signal lights on the arterial. He said that it was not difficult for him to find the balance between the quality of safety of a neighborhood versus regional traffic. He pointed out that this solution did not deny access to Tigard to anyone; they could go up one block further to SW 1215`. He mentioned that the worst case scenario for the alternate route of Summer Lake was 4 to 6 minutes. He stated that North Dakota was not a connected road in Beaverton; it ended at a T- intersection. Councilor Rohlf stated that, due to the unique circumstances in this situation, he did not think it set a precedent. This neighborhood was on the edge of the city, the street affected was bordered by a major arterial and a major collector, and the neighborhood homes faced a high volume of traffic, primarily regional traffic. He stated that the street, as adjusted, still carried minor collector volume and allowed access. He said that it functioned to deliver neighborhood traffic to the major collector and arterials, as it was designed to do. Councilor Rohlf stated that the City did a six-month experiment to determine if they could improve the quality of life in this neighborhood. He cited the testimony given tonight as evidence that there has been a substantial increase. He argued that the diverter was required to retain those benefits, as speed bumps and stop signs did not reduce traffic volume, citing as evidence that 2,000 cars still went northbound while only 500 went southbound. He mentioned Tigard City Council Meeting Minutes - September 22, 1998 - Page 14 the increase in pedestrian activity in the neighborhood and the lack of for sale signs. He held that they have brought back a neighborhood where people wanted to live again. Councilor Rohlf said that some of the complaints he has heard amazed him. He said that he did not understand the complaint "Our neighborhood is bad. So why are you fixing their neighborhood?" He stated that they were committed to fixing all the neighborhoods and doing everything they could to make the city livable for citizens. He mentioned the complaint that the road was paid for by taxpayers, explaining that it was put in as a condition of development. Councilor Rohlf spoke to the complaint that the people knew what they were getting into when they bought into the neighborhood. He compared this to the attitude that the people who boarded the Titanic deserved to go down with the ship. He pointed out that people have lived there from before the road was planned to be broken through, He stated that he has not talked to any resident who moved there knowing what the traffic was like. He said that if the Council found that argument persuasive, then they should eliminate the sewer LID program because everyone in a house with a septic tank instead of a sewer connection. knew what they were getting. Councilor Rohlf commented that the neighborhood still has over 1000 cars a day, and therefore it was not the best solution. Councilor Hunt spoke in support of retaining all the traffic calming devices except for the diverter. He pointed out that installing a diverter on any street would reduce the traffic. He stated that he could not support treating one area of the city differently from another area. If they allowed a diverter here, then they should allow diverters elsewhere. He disagreed with Councilor Rohlf, arguing that this did affect connectivity. He disagreed that there was a lot of traffic on Alderbrook Circle. Councilor Hunt stated that he would continue to vote against the diverter. He informed the Task Force that, if the diverter was left in, he would ask that this issue be revisited by the new Council. Councilor Moore commented that he has known of the traffic problem on North Dakota since the mid-1980s when he started on the Planning Commission. He said that he had hoped this solution would reduce traffic and restore livability to the neighborhood. He stated that in the mornings and evenings he sat and observed the traffic on that street and realized that his using it as a short cut was unfair to the neighborhood. He said that he thought the inconvenience of going out of one's way a couple of blocks in order to save a neighborhood was a small price to pay. Councilor Moore said that he favored "intelligent connectivity" which this was not. He contended that this was a mistake that should have never happened. He spoke to the issue of treating neighborhoods differently. He said that any other neighborhood that came to the Council with the same concerns would go through the same study. He pointed out that they had serious traffic problems in the city and hoped that something would be done before he left the Council. Councilor Moore said that his goal was to do something about traffic. In this solution to a serious problem of neighborhood livability, they disrupted regional traffic from Beaverton, Aloha or Hillsboro, not local traffic. He noted that 62% of the adjacent Summer Lake neighborhood favored the devices with consideration of modifications to the right turn. He contended that a modified right tum onto North Dakcta would send increased traffic volumes into Summer Lake. Fle supported retaining the diverter. Tigard City Council Meeting Minutes - September 22, 1998 - Page 15 Councilor Scheckla asked why staff did not provide Council with the letter from the Fire District. Mr. Duenas explained that he had received the letter too late to get it into the packet. He reiterated that this letter contained no new information. He had asked the Fire District staff member whom he had spoken with a couple of weeks ago to put his comments in writing; however this letter appeared to be from whoever replaced the staff person who had been providing comments during the process. Councilor Scheckla suggested placement of a diverter in at Park Avenue to reduce the traffic that came off Pacific Highway and cut through on Watkins Avenue at Walnut Street. He advised that he would not support retaining the diverter on SW North Dakota. Mayor Nicoli said that he thought that the City made a mistake when it allowed this street to be put in the way it was; it was done improperly but now they had to deal with it. He commented that he did not find the solution satisfactory yet it accomplished the more important goal of bringing livability back to the neighborhood. He stated that he would not allow a diverter in all cases in other locations around the city. He spoke to evaluating the circumstances surrounding a particular problem and then making a decision. He said that he did not want to box himself into setting standards for the entire city to use in every situation that came before the Council. He said that he would support leaving the devices as they were for the time being as the best option for both the City and the neighborhood. Councilor Moore mentioned the additional staff recommendations, including the request from the Fire Department. Mayor Nicoli commented that he was distressed that one Fire Department staff member fed the City staff information while another Fire Department staff member put something in writing (and not in a timely fashion), thus possibly leaving the City staff without all the facts at an earlier date. Councilor Moore asked Mr. Duenas what the staff recommendation was. Mr. Duenas said that for the most part, they agreed with the Task Force recommendations. He reiterated his concerns about the additional speed hump on SW 12151 with its spacing problems. He pointed out the location where he believed only one speed hump was necessary, particularly with the traffic pinches forcing traffic to the middle of the road and away from the walkway. He agreed with the crosswalk at the diverter. He supported hardening the curb at the diverter and putting some plants in it or reflective panels to increase nighttime visibility. Mr. Duenas said that staff was mulling over the recommendation to put up additional verbiage telling people how to get around the diverter. He reiterated that they have complied with the Fire Department's request for a 20-foot clear distance to get around the diverter. He said that the Fire Department's input was simply another factor to take into consideration in the discussion. Councilor Scheckla asked what would happen if a major traffic accident on SW 121st between North Dakota and Scholls Ferry blocked traffic. Mr. Duenas referred to other routes, such as SW 130''. Councilor Moore recommended keeping the existing traffic revisions with the addition of the staff recommended changes, including adding one speed hump, installing the crossing, and hardening the u1VG1icP. TnTc _ ' ~ iiiu.,__a...7utu'-_`a~ L uc _ was not CC....... t Y„ffi„R,w.. 4.ririitinn~l cianAcre ~au..-f......., . " "b Y ~-a---o- was warranted. Councilor Hunt asked if there was a recommendation to take out the Hawkesbeard diverter. Mr. Duenas said that the Task Force recommended revisiting that issue, not taking the diverter out. Tigard City Council Meeting Minutes - September 22, 1998 - Page 16 He pointed out that the elimination of the right turn onto North Dakota removed the urge for people to cut through on Hawkesbeard. Councilor Moore said that he did not want to include that in his recommendation at this point, as it was a different issue. Motion by Councilor Moore to maintain the existing traffic revisions on North Dakota with the addition of one more speed bump, the crosswalk, the hardening of the diverter, leaving the signage up to staff to make their best judgment decision on what should or should not be put up, the fog line, and plantings in the island with citizen maintenance. Councilor Rohlf asked if they could harden the diverter without going through the asphalt. Mr. Duenas said they could do so but it would not be very attractive. He mentioned that digging down through the asphalt to the topsoil was the best way to allow plantings. Councilor Rohlf pointed out that this was not yet a long-term diverter, and he would not want to see the City waste money digging through the street and then having to repave it if the diverter were removed. Mr. Duenas said that the other option was to put reflective panels up. Councilor Rohlf seconded the motion. Motion passed by majority voice vote of the Council present (Councilors Moore, Rohlf and Mayor Nicoli voted "yes;" Councilors Hunt and Scheckla voted "no.") 6. REVIEW REPORT ON REQUEST TO DEDICATE TO THE CITY SW 107TH Mr. Duenas presented a request from the property owners on SW 107m between Cook Lane and Park Street for the City to accept a dedication of a 25-foot strip along the frontage of their properties in order to create a 50 foot public right-of-way and to install needed drainage improvements. He explained that staff researched this road section in preparation for paving it as part of their paving over program last year. Staff discovered that it was in actuality a private road that everyone (both the City and the residents) had thought belonged to the City, and which the City has maintained for years. Mr. Duenas explained that the gravel road was on one 25-foot width while the other 25 foot width was unimproved land through which a City sewer line ran. He said that he was working with the City Attorney's office to try to establish the ownership of the side with the sewer line in it. He said that staff was simply presenting the request and making no recommendations. Mr. Monahan reported that he, Mr. Duenas and Mr. Wegner met with the residents to discuss the situation and the City's expectations on dedication requests. He noted the residents' position that the City has always maintained this road before. He commented that these unusual circumstances caught staff by surprise and there was not a process to handle this except to make the request through the Engineering Department. Mayor Nicoli reviewed further background in this situation. He pointed out that both the City maintenance of the street and the City sewer line in the street led everyone to think that it was a city street. He said that a 25-foot width of land was left undeveloped by the subdivision on the east side of the street 25 years ago and never built on, giving the impression that it was meant to be a street. The 25 feet on the west side, even though never dedicated as right-of-way for a street, somehow over the _years ended up as a gravel street maintained by the City. He commented that the neighbors wanted to rectify the situation, and dedicate the 25-foot wide strip of private land as public right-of-way with the City paving the street (as it did for SW 74" Avenue). Tigard City Council Meeting Minutes - September 22, 1998 - Page 17 Councilor Moore asked for clarification. Mr. Duenas explained that the Bast side had apparently been set aside to be half of a street but it was never dedicated as public right-of-way. He reiterated that his staff was working with the City Attorney's office to see if they could establish ownership. He said that the west side presented a variety of situations but nothing was ever recorded. Mayor Nicoli pointed out that all the property owners have agreed to dedicate their portion of a 50-foot right-of-way. Mr. Duenas pointed out that in the normal process of development, the City required a street to be brought up to City standards before accepting dedication from the developer. But this was a case where everyone had thought that it was a substandard City street. Mayor Nicoli opened the discussion to public testimony. ® Julie August-Richards, representing the neighbors, referenced their letter requesting to dedicate the property and to have the street properly maintained with appropriate drainage and other normal street features. She pointed out that each homeowner on both sides of the street signed the proposal. She confirmed that for 30 years the neighbors have thought that the road belonged to the City. She mentioned the dust and safety problems created by a gravel road, and the drainage problems due to inadequate drainage. She asked that the City put this street on their list of streets to upgrade and maintain. Barbara Peters testified that the neighbors wanted to get rid of the dust-bowl and to solve the drainage problems. She pointed out that there was a city sewer line running through the street where there ought not to be one. She said that she and her husband researched their property (which they have owned as a rental for 26 years prior to moving into it last February). She reported that their 1972 title policy included a 1964 deed showing a property dedication of 25 feet that was not picked up by the County, and thus not picked up by the City when it annexed the property in 1974. Mayor Nicoli pointed out that the minor land partition in 1964 would have been required to dedicate 25 feet as public right-of-way, thus showing the intent of the government agencies to get 50 feet of right-of-way for a public street. ® J.R. Bob Hughes, 10695 SW Cook Lane, commented that he bought his house 35 years ago. He said that he had always understood, based on his plot drawing, that SW 107`h was a dedicated street, including the 25 feet fronting his property. He said that he planted his trees according to that understanding and put in grass and a ditch to maintain the area that he believed was public right-of-way. He commented that his neighbor placed his fence with the same understanding. Mr. Hughes said that if he had understood that it was a private street, he would have been much angrier at the amount of traffic using the road. He reviewed the history of the development of the area, including subdivisions developed by Stan Atkins and by David Nicoli. He stated that he never thought that he owned that land in the first place. He argued that since the City hypothetically claimed the land by putting in the sewer, maintaining the road, and planning to pave it, that the dedication would not change anything or set a precedent. Councilor Scheckla asked if the road would go through to Fairhaven. Mr. Hughes explained that the road past Park Street already ended in a cul-de-sac, preventing access to Fairhaven. Councilor Hunt commented that while he sympaihized with the residents in this situation, he felt it was important to maintain consistency in the City's actions regarding acceptance of private streets. He pointed out that, as a result of an earlier discussion, the City put signs on private Tigard City Counc:l Meeting Minutes - September 22, 1998 - Page 18 streets to notify the residents that they were on a private street. He also mentioned Council's refusal to accept a dedication until the street was brought up to City standards. Mr. Monahan said that many residents bought homes on a paved street and assumed it was a City street. He explained that staff recommended not accepting the request for a private street dedication in the Benchview subdivision because it could not be brought up to City standards and staff did not know what the underlying base of the street was. Councilor Hunt asked who would pay for improving the street, and would accepting the dedication create an inconsistency with previous Council action. Mr. Monahan pointed out that this section of SW 107`' would be public right-of-way, not a street. He explained that often requests for private streets benefited the developer financially, and presumably the property owner, and therefore why should the City take it over? He commented that in this situation the City did not allow a private street; whatever happened, happened before it came into the city. He spoke to evaluating these requests on a case by case basis. Mr. Monahan mentioned that if the City had accepted the Benchview request, the City would have gotten a substandard street. In this case, the City got 50 feet of right-of-way and the potential to build a city street. He pointed out that, unless the Council conditioned the acceptance, the City would pay for the street. Councilor Hunt asked if they could handle this similarly to a sewer reimbursement district where the residents paid part of the cost. Mr. Monahan said that was a possibility as was a local improvement district. He mentioned that Ms. August-Richards indicated that the neighbors wanted to dedicate the land and have the street put on the City's list for consideration; they were not asking for immediate improvement. Councilor Hunt asked if it became the City's liability to improve the street in the event that they accepted it. Tian Ramis, City Attorney, agreed with Mr. Monahan that they would be accepting some liability for the street condition if they took it as is. He advised the Council to set out at the time of acceptance the terms of who paid for what. Councilor Scheckla commented that he has not seen much cut through traffic in that area. The neighbors responded that there was traffic speeding through creating a dustbowl. Councilor Scheckla asked if accepting this would open the floodgates to other requests. Mr. Monahan conceded that they might see more applications if Council accepted this request. Councilor Scheckla suggested continuing this discussion until after they received more information on the ownership question. Mayor Nicoli asked Mr. Ramis if accepting this street dedication would alleviate the embarrassment of the City in having put in a sewer line across private property. Mr. Ramis said that accepting the road would deal with this problem that the City did need to address. Councilor Moore suggested allowing dedication of the land and putting it on the list of roads for staff to review for future improvements. Councilor Hunt spoke to having more discussion on who paid for the road. Councilor Scheckla asked if staff could research how the sewer line got there. Mayor Nicoli + t1lat na said that y years ago the City required Dave ilicuii• to put in LuaL JL.WL.a line A.. pnwrt of of a mi_ ___nor land partition. The City had dictated where it went in. Tigard City Council Meeting Minutes - September 22, 1998 - Page 19 Councilor Hunt said that he supported dedicating the street but he agreed with Councilor Scheckla on the need for more information and discussion. He asked staff to develop a recommendation on what improvements were needed. Councilor Rohlf commented that, under other circumstances, this would be a case of adverse possession, as the City has done everything but claim it as its own. He said that if these people had known it was private land, they might have made this request years ago instead of suffering as they did in the belief that it was City property and that they had no choice but to live with a substandard street. He stated that the sooner they rectified this mistake, the better. Mayor Nicoli asked what it would cost to lay down a 20-foot wide pavement, similar to SW 740'. Mr. Duenas said that he did not have an estimate at this time. He stated that he would do a 24 foot improvements with paved shoulders and fix the drainage system. Mr. Monahan commented that staff had wanted to assess Council's interest in allowing the dedication, given the Council's previous comments on private street dedications. He suggested tabling the discussion on final action to allow staff to gather more information regarding the ownership issue and cost estimates. In addition, staff could talk with the neighbors about sharing in the cost. The Council agreed by consensus on accepting the dedication but wanted more information on cost estimates and ownership issues before taking final action. Mr. Monahan said that Mr. Duenas would present preliminary information at the October 20, 1998, meeting with final Council discussion and action at the November 10 meeting. He said that staff would notify the neighbors and speak with their contact person regarding any proposal to participate financially. Mr. Hughes commented that the neighbors have been maintaining and paying taxing on this property for 30 years. Ms. August-Richards pointed out that the cost was already built into the City's plan; the City had planned to pave it. Mayor Nicoli explained that the Council wanted to know upfront what costs were involved in upgrading the road and the possible options for paying for it. He agreed that the City did have money set aside to pave streets like this but not to do full street improvements. He stated that the Council has not made any decisions but was requesting more information. o Mayor Nicoli recessed the meeting at 11:07 p.m. for a break. o Mayor Nicoli reconvened the meeting at 11:14 p.m. 7. REVIEW REPORT ON PROGRESS TO IMPROVE THE APPEARANCE OF SUMMER LAKE Mr. Duenas reviewed the three parts of the consultant's recommendation: cutting the weeds, treating the water with alum, and placing a membrane on the parts where they could not cut the weeds. He said that the contractor finished up the second weed cutting last week. He explained that the state agencies did not support the alum treatment because of its potential impacts downstream, and have set the permit fee at $7,500 with no guarantee that an application would be approved. Mr. Duenas said that he interpreted this as "Don't do the alum treatment." Mr. Duenas suggested convening a meeting of the Public Works staff who actively worked this project and the consultant to discuss what to do now and to make recommendations to Council on how to proceed. Mayor Nicoli suggested working from the shoreline and using a backhoe to deepen the lake Tigard City Council Meeting Minutes - September 22, 1998 - Page 20 around its perimeter to create a depth at which the weeds could not grow. Mr. Duenas said that that would take a depth of 15 to 18 feet and the lake was only 4 to 5 feet deep now. Mayor Nicoli commented that if the state's response derailed their procedure too much, he would rather drain the lake and dredge it in order to create a nice permanent facility. Councilor Moore raised the issue of exactly what the purpose was for Summer Lake. Mr. Monahan commented that Mr. Wegner wanted to discuss that issue because of residents' expectations that the City parks people were supposed to fix it so that they could see the lake from their homes. He mentioned discussing the purpose and proposed maintenance (and associated costs) of the lake, and informing the area residents of why the lake was built in the first place and what the objective was in having a lake. Mayor Nicoli said that he supported keeping the lake. He asked how the elimination of the alum treatment impacted their plan. Mr. Duenas said that alum was supposed to clarify the water. Councilor Hunt agreed with discussing the purpose of the lake before deciding how to deal with it. Councilor Scheckla mentioned the concerns of the environmental groups regarding wetlands and changing the flow of water. Mr. Duenas noted the Fanno Creek Watershed Plan provisions called for lowering water temperatures through shoreline and island plantings, neither of which would enhance visibility from the surrounding houses. He spoke to reaching a compromise. Mayor Nicoli commented that he saw a difference between what the residents adjacent to the lake wanted and what the whole neighborhood wanted. Councilor Rohlf pointed out that Summer Lake was a City park, not a park for the neighbors' convenience. Mayor Nicoli concurred, noting the encroachment on park land by some of the adjacent neighbors. He said that he wanted to clean up the lake to make it a presentable facility for the entire City. He asked Mr. Monahan if he thought that they needed to balance the adjacent neighbors' concerns with the rest of the city's concerns. Mr. Monahan said that they should be factored into the discussion. He expressed staff's concern that they might follow a different strategy depending on the discussion. Mayor Nicoli supported holding discussion with the staff, consultant, and task force to develop more options since the alum treatment has turned out not to be the best answer. He supported talking to the neighbors also. Mr. Monahan mentioned informing the neighbors of the tree planting and the City's plan. Van Camp explained that the originally the park was laid out by an architect to include both the land and the lake. He said that the intent was to use the lake for recreational purposes. He mentioned that 12 years ago a bond issue created the park. Howard Banta said that the Summer Lake Development CC&Rs dated from December 1979. He stated that the lake and the concrete dam (replacing the beaver dam) were part of the City- approved Summer Lake planned development. H reviewed the lake maintenance done in the mid-1980s, pointing out that nothing else was done until this year. He commented that Summer Lake was a recreational gem of Tigard used by citizens all over the city, especially since the bridge went in. He said that the Council would face stiff resistance if it tried to turn it back into a beaver swamp. Mr. Camp confirmed to Councilor Hunt that the architect designed the lake at 12 feet deep. He noted the build up of sediment that left the iake as shaiiow as 4 was. Councilor Hunt asked Mr. Duenas what difficulties the City might have with the state agencies Tigard City Council Meeting Minutes - September 22, 1998 - Page 21 if they wanted to drain and dredge the lake. Mr. Duenas commented that, given the current climate at the state of discouraging in-stream ponds, he thought that they would meet with strong resistance if they tried to deepen it to 15 to 20 feet. Mayor Nicoli suggested allowing staff and the consultant to hold their discussion, with staff also talking with the neighborhood. Mr. Banta suggested that the Council not abandon the recommendations from the KCM consultant they hired. Mayor Nicoli said that they were not doing that. He commented that the consultant had had a lot of other ideas besides the alum treatment that the State did not want. He said that they wanted staff, the consultant and the task force to revisit the available options and recommend how to adjust their strategy around the State's objection yet gain them a good water quality facility. He commented that while the Council was not ovedoyed at expensive options, they would consider a recommendation for one of the more expensive options if necessary. 8. COUNCIL LIAISON REPORTS Councilor Scheckla distributed a report on the Community Development Block Grant. 9. ADJOURNMENT: 11:36 p.m. Attest: Catherine Wheatley, City Recorder Mayor, City of Tigard Date: I: ADM\CATHV\CCM\980922.000 Tigard City Council Meeting Minutes - September 22, 1998 - Page 22 AGENDA ITEM # 3, Q CL FOR AGENDA OF 2:4 November 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE kL B Award of Card Lock Security Access System PREPARED BY: John RoyDEPT HEAD OK CITY MGR OK L1VP4____ ISSUE BEFORE THE COUNCIL Shall Council approve bid award for card lock security access system as recommended by staff. STAFF RECOMMENDATION Staff will make a recommendation to Council after bid closing of November 18, 1998. INFORMATION SUMMARY The card lock security access system was a recommendation of the workplace violence committee that was formed approximately two years ago to review workplace violence concerns of staff. The recommendation was taken forward to Council through the budget process and approved. This is the initiation of the process to have the card lock security system implemented. Staff has advertised for bids for this project. On November 10, 1998 there was a pre-bid mandatory walk thru of facilities for vendors to prepare their bids. There were 14 vendors in attendance for the walk thru. Bid closing will be held on Wednesday, 18 November, 1998. After bid closing staff will review the bids and make a recommendation to Council for approval. OTHER ALTERNATIVES CONSIDERED 1. Reject all bids. 2. Readvertise for bids. 3. Council will give staff further direction. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The accomplishment of this project will help to improve the City's effort to provide a safe work place for the employees and citizens conducting business in _'ity facilities. It will also help to protect the asset's of the City. FISCAL NOTES There is $72,138.00 identified in the current budget for this project. t , AGENDA ITEM # 3 •Z b FOR AGENDA OF 24 November 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bid Award for Police Department Re-Roof Project PREPARED BY: John Roy DEPT HEAD OK 25!5~ CITY MGR OK`"' ISSUE BEFORE THE COUNCIL Shall Council approve bid award as recommended by staff for the installation of a new roof over the existing roof on the Police Department. STAFF RECOMMENDATION Staff will make a recommendation to Council after bid closing of 20 November 1998. INFORMATION SUMMARY Staff was given direction to prepare bid documents and go out to bid to have a roof installed over the older portion of the police department because of water leak problems. The new roof to be installed will be the same or very similar to the roofs recently installed over the Library and City Hall. A structural engineer was hired as a consultant to determine if there were any structural damage to the roof and their report indicated that there was not. Area's of leaking have included the property or evidence room, men's and women's restroom, and in the hallway near the armory. Bids for this project were advertised on 6 November, 1998. There was a pre-bid mandatory walk thru on 13 November 1998, to help vendors prepare their bids. Bid closing will be November 20, 1998. After bid closing staff will review the bids and make a recommendation to Council for approval. OTHER ALTERNATIVES CONSIDERED 1. Reject all bids. 2. Readvertise for bids. 3. Council will give staff further direction. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Approving this project would improve the working environment for employee's working in the Police Dept. in addition to protecting the City's investment in its facilities. FISCAL NOTES t.. The costs for this project are estimated to be approximately $95,000.00. There is no money identified in the FY98/99 budget for this project. A find transfer from the general fund would be required to fund this project. iAcitywide\sum.dot AGENDA ITEM # 3 -3 FOR AGENDA OF 11/24/98 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution Endorsing Tualatin River Bridge Grant Application PREPARED BY: Duane Roberts DEPT HEAD OK # a-2 CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City endorse an application initiated by the City of Tualatin for grant funds to help finance the construction of a pedestrian bridge spanning the Tualatin River? STAFF RECOMME71,1DATION Staff recommends Council adopt the attached resolution endorsing the application. INFORMATION SUMMARY The City of Tualatin has prepared an application for a federal Transportation Efficiency Act-21 (TEA-21) grant to provide major funding for the construction of a pedestrian bridge over the Tualatin River and for associated improvements. The proposed bridge would attach to the existing railroad bridge. A recent technical assessment has determined that the concept of utilizing the existing bridge is structurally feasible. In addition to the bridge structure, the proposed project includes safety fencing, connecting ramps, and pathways within Tualatin, Durham, and Tigard connecting to the bridge. The Tigard path segment would run between the bridge and the existing Cook Park riverside trail. The City of Durham has endorsed the project. OTHER ALTERNATIVES CONSIDERED Do not support the application. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The proposed project is consistent with Transportation Goals No. 2 and 3. Goal No. 2 calls for enhancing off-street bike-pedestrian walkway connectivity. Goal No. 3 calls for the identification of new funding sources for transportation improvement projects. FISCAL NOTES The grant amount requested is $1,000,000. The TEA-21 grant program requires a ten per cent local contribution or match. The specific allocation by partner (Tualatin, Tigard, and Durham) has not been broken out as yet. The city previously reserved $50,000 in iocai share Greenspaces funds for the bridge project, of which $45,000 in unexpended funds remain. iAcirywiMsumbridgc r AGENDA ITEM # -3 4 q FOR AGENDA OF November 24, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approval of Amendments to the Personnel Policies for Management, SWervisoK and Confidential Employees PREPARED BY: Sandy Zodrow DEPT HEAD OK CITY MGR OK "44-- ISSUE BEFORE THE COUNCIL Should the Council approve amendments to the Personnel Policies for Management, Supervisory and Confidential Employees STAFF RECOMMENDATION Approve the amended Personnel Policies for Management, Supervisory and Confidential Employees INFORMATION SUMMARY The Personnel Policies for Management, Supervisory and Confidential Employees have not been comprehensively reviewed and updated since 1987. It is appropriate that these policies be reviewed and changes made to reflect current City practice, policy and philosophy. The Executive Staff, comprised of the City Manager and directors has spent several months reviewing all of the current personnel policies for this employee group. The attached Exhibit A represents the proposed new personnel policies for the Management, Supervisory and Confidential Employees, incorporating the updated amendments and revisions. An overview of the major highlights may be found on the following page. Your Council reviewed and approved these rules at your November 10' Study Session. They are agendaed on your November 24' Consent Agenda for final adoption by the Council. OTHER ALTERNATIVES CONSIDERED Not applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY While not directly related to the ongoing Visioning Project, the updated personnel policies reflect the City of Tigard's current and future organizational and human resources philosophy and practices. FISCAL NOTES Not applicable MAJOR HIGHLIGHTS OF PROPOSED CHANGES TO PERSONNEL POLICIES FOR MANAGEMENT SUPERVISORY AND CONFIDENTIAL EMPLOYEES The following chances were reviewed with your Council at your November 10'h Studv Session: 1. The new proposed policies have been reorganized in more clearly designated sections for ease in research and use. Council will find much of the current policies relocated in different sections and/or in new chapters with titles for greater convenience and readability. 2. Merit Salary Increases: Instead of the current standard 5% merit increase, Department Directors will be able to designate a greater or a lesser increase depending on the individual's job performance. 3. Layoff and Recall: A new section on layoff and recall has been designed in the event the City should ever need to implement a layoff effecting positions in this group of employees. This section incorporates common language found in other layoff provisions, and is compatible with the TPOA and OPEU contracts. 4. Moving Expenses: This current section was condensed, and the detailed procedures were moved out of the policies and will be covered under the Finance Department's procedures. 5. All of the benefit changes for the Management, Supervisory and Confidential Employees that your Council recently adopted have also been incorporated into the new proposed personnel policies for this group. 6. The proposed language under Other Leaves, Military Leave is to be deleted and replaced with: "Military and Peace Corps leaves shall be granted to employees in accordance with state and federal law." 7. The proposed language under Vacation, Accrual Rate/Month is to be changed from "12 hours/month" to "12.5 hours/month". The current OPEU vacation accrual schedule indicates 12.5 hours/month at this year of service and this change would match that schedule for this group of employees. 8. Under the Overtime section, pages 8 and 9, add a new sentence under the second paragraph of this article which would read "Paid compensatory time off and all other paid time off, shall be counted as hours worked for the purposes of determining overtime compensation for the classification of Police Sergeant only." Also add a new paragraph to the end of this article beginning with the sentence "The classification of Police Sergeant is the only exception to calculating overtime and all worked performed on the 5 h, 6 h and Th day of the employee's workweek." These changes have been made pursuant to discussions with Chief Goodpaster and accommodate the complex scheduling issues and the limitations of these staff to utilize flexible scheduling options. 9. Delete the last sentence of the second paragraph under Purpose, page 1, which reads "It is understood that the City and its employees mutually reserve their right to end the employment relationship, with or without cause, at any time." This is to clarify that the Department Directors are the only staff who serve at the pleasure of the City, and who may be terminated for any reason. The remainder of the Management/Supervisory/C:ontidential staff has previously been treated as "just cause" employees, and these rules would continue that practice. PERSONNEL POLICIES - Management/Professional No. OTHER LEAVES: Compassionate Leave: In the event of a death in the employee's immediate family, the employee may be granted time off with pay for a period not to exceed five working days. For the purposes of this section, an employee's family shall be defined as: spouse, child, parent, sibling, father-in- law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandchild, grandparent, or any other person who is a dependent of the employee. The City Manager may allow additional paid' time off or may recognize the need for granting the use of compassionate leave in the event of the death of other relatives or non-relatives. Civil Leave: Employees shall be granted paid leave for service on a jury or when subpoenaed as a witness in a court proceeding in which the employee does not have a personal interest. The employee shall remit said fees due them for jury or witness duty to the City, except reimbursement for mileage, meals, etc., to the City. Employees are required to report to work when less than a normal work day is required for jury or witness duties. Military Leave: Military and Peace Corps leaves shall be granted to employees in accordance with state and federal laws. Leaves of Absence Without Pay: Employees may request a leave of absence without pay if circumstances require an absence from work. The employee must submit a written request for approval of the leave of absence to their department director and/or the City Manager. This written request must establish a reasonable justification for the leave and the duration of the requested leave. Leaves will not be granted to accept employment outside the City. An employee may be granted a leave of absence without pay for up to twelve (12) months when the work performance of the employee's department will not be seriously handicapped by their absence. Vacancies created by the employee's leave, if filled, will he made by a temporarv appointment. 16 PERSONNEL POLICIES - Management/Professional No. VACATION LEAVE: Regular, full-time employees shall accrue vacation leave based on their length of service with the City. Vacation time for regular, part-time employees who work 20 hours or more per week will be prorated according to their regular work schedule. Management/Professional group employees shall accrue vacation time on the following basis: Years of Service 0 to 6 months beginning of 7 months of service beginning of1 year of service beginning of 6 years of service beginning of 11 years of service beginning of 16 years of service beginning of 20 years of service Accrual Rate/Month No monthly accrual - 40 hours credited at the end of the probationary period 7 hours/month 8 hours/month 10 hours/month 12.5 hours/month 14 hours/month 16 hours/month Vacation shall be credited as earned for each month of service or pro-rated for each fractional month, expressed to the half-month of service. Vacation leave shall be posted at the end of each pay period in which it is earned. Employees may not use vacation leave until it has been earned Management/Professional employees may not accrue vacation time in excess of two (2) times their annual accrual. Employees may not accrue vacation time beyond the maximum limit. It is the employee's responsibility to schedule sufficient vacation so that he/she is not denied accrual of additional vacation time. With written approval of the department director, Management and Professional employees may receive pay in lieu of one week of vacation leave each fiscal year, provided the payment is requested in conjunction with a scheduled week of vacation time off. Employees may also receive pay in lieu of a second week of vacation each fiscal year, provided an additional forty (40) hours of vacation are taken off during the fiscal . year. Upon termination of service for any reason, the employee shall be paid for all earned but unused vacation time accrued. 15 PERSONNEL POLICIES - Management/Professional No. OVERTIME: It is the policy of the City to reduce to a minimum the necessity for overtime. Overtime work shall be discouraged, and department directors and supervisor shall make every effort to assign to each employee duties and responsibilities which can be accomplished within the employee's established work schedule. However, there may be times when City employees may be expected or are required to work beyond their normal 40 hour work week schedule in order to provide the services and support necessary to conduct and supervise the work programs which have been assigned to them. It shall be the responsibility of the department director to assign and/or allow overtime with due consideration for budgetary accountability. Flexible scheduling in lieu of overtime shall be encouraged whenever foasible. All overtime to be worked requires the advance authorization of the employee' supervisor. For the purposes of calculating overtime for Management /Professional Group employees, paid sick leave will be treated as hours worked only when such leave is utilized for the purposes of a medical appointment, not to exceed four (4) consecutive hours, which could not otherwise be scheduled during off-duty hours. All other paid leaves shall not be treated as hours worked except in the event such leaves are interrupted and the employee is called back to work due to an emergency outside the control of the City (i.e. weather, act of God, earthquake, flood, etc.). Paid compensatory time off and all other paid time off, shall be counted as hours worked for the purposes of determining overtime compensation for the classification of Police Sergeant only. Overtime for FLSA M-1 Emplovees The M-1 category includes department directors. M-1 employees will be allowed to take time off as their workloads permit on an hour for hour like-time basis for hours worked in excess of their normal work week. Like-time is not accrued but is granted subject to the approval of the City Manager. Employees in this category may also be allowed to utilize flexible scheduling. Overtime for FLSA M-2 Employees The M-2 category covors senior management positions including division managers, some supervisors, professional employees and other senior management classifications. M-2 employees who work in excess of their normal week will be allowed to take time off as their workloads permit and at the discretion of the department. director. If employees receive compensatory time (hour for hour) off as determined by 6 the department director, they may not accumulate in excess of 40 hours without the approval of the department director and City Manager. Overtime for FLSA M-3 Employees M-3 employees are Management/Professional Group non-exempt employees pursuant to the Fair Labor Standards Act and other exempt positions as determined by the'City. These positions will be provided time and one-half compensation in cash or accrued compensatory time for all hours worked over 40 hours in a work week. The maximum accumulation or cap of compensatory time shall be 40 hours. Employees should use accumulated compensatory time before vacation or other accured leave (at time and one-half) as soon as practical. At the discretion of the department director, overtime may be paid in lieu of compensatory time if budgeted funds are available. The classification of Police Sergeant is the only exception to calculating overtime over forty (40) hours in a work week. For this classification, overtime shall be calculated on a daily basis. Employees assigned-a 5-8 schedule shall be compensated at the rate of time and one half for all work in excess of eight (8) hours on any work day and all work performed on the 6th and 7th day of an employee's workweek. Employees assigned a 4-10 schedule shall be compensated at the rate of time and one half for all work in excess of ten (10) hours in any workday and all work performed on the 5th, 6th and 7th day of the employee's workweek. 1 PERSONNEL POLICIES - Management/Professional No. PURPOSE: These policies are specifically applicable to the Management/Professional Group employees of the City of Tigard, and shall be utilized as a supplement to the City's general Personnel Policies. These policies are applicable to those job classifications identified in the Management/Professional Group pay plan. The City reserves the right to change any of these policies and procedures at any time. These policies and procedures do not and are not intended to constitute a contract of employment or a promise or guarantee of specific treatment in specific' situations. Furthermore, these policies and procedures do not confer any property right in continued employment with the City. AUTHORITY AND RESPONSIBILITY: The Mayor and the City Council shall have authority over all matters of personnel administration through adoption and implementation of the City budget, pay plans, collective bargaining agreements, and ordinances and resolutions adopting and/or amending the personnel rules and regulations. The City Manager may interpret the language of the rules and regulations in any case where interpretation is in question, and may specifically delegate the authority for the enforcement of these rules and regulations. The City Manager shall be responsible for ensuring the effective implementation of these rules and regulations and may further establish, amend or otherwise modify these rules and regulations pursuant to City Council policies. The City Manager shall advise the City Council on any changes concerning these rules and regulations. AGENDA ITEM # 3, 5 FOR AGENDA OF Nov. 24, 1998 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _ Appointment to the Budget Committee PREPARED BY: Susan Koepping DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Appointment to the Budget Committee STAFF RECOMMENDATION Adopt the attached resolution reappointing George Burgess to the Budget Committee. INFORMATION SUMMARY The Mayor's Appointment Advisory Committee interviewed candidates for vacancies on the Budget Committee. Attached is a resolution which, if adopted, would approve the appointment recommended by the Mayor's Appointment Advisory Committee. OTHER ALTERNATIVES CONSIDERED Delay action on the appointment. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. FISCAL NOTES None iA6tywide\cwn.dot Agenda Item No. y Meeting of MEMORANDUM CITY OF TiGARD, OREGON TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder DATE: November 17, 1998 SUBJECT: Council Goal Update The packet material for this agenda item will be forwarded to the Council in their Council Newsletter packet that will be sent out on Friday. AGENDA ITEM # 5 FOR AGENDA OF 11 a yL-i Jge, CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Council Goal !ndate PREPARED BY: Cathy Wheatley "lG DEPT HEAD OK ITY MGR OK _ ISSUE BEFORE THE COUNCIL Discussion of the progress on the Councils goals. STAFF RECOMMENDATION Review and discuss the attached summary report. INFORMATION SUMMARY Attached are brief summaries of the efforts to date on the stated Council goals for this year (tan pages). Also attached are the tasks identified during the last Council goal-setting session with regard to specific activities considered to be part of departmental responsibilities and individual work programs (cherry pages). Council will meeting in their annual goal-setting session on Monday, December 14. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning goals are identified throughout the goals and tasks developed by the City Council last October. FISCAL NOTES N/A i:\adm\cathy\council\goalsum.doc GOAL A specific new direction Council wants to take or a specific change in past direction, or a specific position the City wants to advocate. (b Liz ® Maximize opportunities for citizens to participate and contribute through an effective VOLUNTEER PROGRAM. Update: February 1998 City Council authorized the creation of a volunteer coordinator position. The volunteer coordinator will be hired by April 1 and will be responsible for citywide coordination of volunteers. In addition, a book of volunteer activities for each department is available at City Hall and the Library. Staff has been receiving an average of two calls a week from citizens interested in Update: May 1998 Network Services is using Tigard High School volunteers to write a Web Page, working through Susan Koepping, our Volunteer Coordinator. Susan Koepping was hired as the Volunteer Coordinator. She began her duties April 15, 1998. Susan is responsible for coordinating the Citywide volunteer program, including recruitment and training. She is working closely with the Library Volunteer Coordinator and all City departments to identify volunteer opportunities and place and retain volunteers. Update: August 1998 Susan Koepping, the Volunteer Coordinator, has initiated an enhanced volunteer program. Volunteers have been recruited and placed in departments that haven't used volunteers in the past. All departments are now using volunteers. Programs for volunteer orientation have been established. Reporting systems have been developed. Contact have been initiated with community groups, agencies, the School District and the media. Update: Goals & Tasks - Page 1 Update: Oc` sber 1998 Activities during the past two months have focused on recruiting and organizing volunteers for three major events: 1. Commuter Rail Demonstration Project from September 12-13 2. Train Days from September 24-26 and 3. Make-A-Difference Day on October 24, 1998. All three events were successful. A total of 188 volunteers worked at one or more of these events and donated 618 hours of their time and energy. The volunteer database was designed and installed and volunteers under the direction of the Volunteer Coordinator are currently entering data. Working relationships with several businesses and agencies have been established. Update: Goals & Tasks - Page 2 lb Jim ® Identify the City's commitment to PARK FACILITIES AND RECREATION programming to the year 2010. Update: February 1998 An advisory committee is working with the Planning Commission to complete this task. Several work sessions and open houses are scheduled over the coming months. Update: May 1998 We are mid-way through the completion of an updated Park System Master Plan. Update: August 1998 A special work scope of the park master plan study included developing a site and management plan for the expansion of Woodard Park. This work, which featured a series of three neighborhood workshops, has been successfully completed. A final plan and narrative report are due in August. In late June, a joint meeting of the Planning Commission and Task Force was held to discuss the findings of the random sample mailing to 5,600 Tigard-area households of a parks survey questionnaire. The meeting also included a discussion of a separate, youth- oriented questionnaire completed by several'hundred students attending five Tigard-area schools. Last week the Task Force/Planning Commission completed a bus tour of potentially available sites to meet City park needs. The consultant currently is working with the Operations Department to identify appropriate maintenance levels for each park type, current and projected maintenance costs and projected staffing needs. A draft master plan report is scheduled for completion in September. Update: October 1998 Parks: The consultant team will present the draft park master plan to the November 5 CIT meeting. The plan will contain recommendations on priority improvements to existing facilities, maintenance and management of parks, acquisition of land for open space and future parks, and recreation program development. On November 17 the Planning Commission and Task Force will meet to discuss the draft plan. The revised date for the delivery of the Woodard Park Final Plan is November 9. Council review of the park master plan and the Woodard Park Final Plan is set for some time in December. Update: Goals & Tasks - Page 3 Fb Gus Identify, schedule and participate in specific activities the City can under tame or promote that result in IWROVEMENTS TO 99W balanced with community interests. Update: February 1998 The Transportation System Plan (TSP) Study currently being performed by DKS is expected to be completed in the next 4-5 months. The existing conditions have been established, and a model has been created to project future traffic volumes. The next submittal is an analysis of alternatives to address the future traffic impacts. Necessary improvements to the streets within Tigard will be identified through this study. Implementation of the recommendations should eventually alleviate traffic volumes on 99W. The Hall Boulevard/99W Intersection Improvement Project is funded through MSTIP 3. Based on the funding reduction resulting from Measure 50, project design for the project will not be initiated until at least 6 or 7 years from now. The status of 99W as a State Highway and the inability of ODOT to provide funding assistance are contributing factors towards the relatively low priority placed on this project. If circumstances change and ODOT is able to participate in the project, the improvements at the Hall/99W intersection could be moved up in the MSTIP 3 implementation time frame. Update: May 1998 The Transportation System Plan (TSP) Update study by DKS would identify improvements that need to be constructed to accommodate the current and future traffic projections. This work will be ongoing over the next several months and should be completed within 6 months. Construction of the recommended improvements is expected to alleviate traffic volumes on 99W. For further details on the progress of the study, refer to the Council Goal update on the Comprehensive Public Facility Plan. The City is currently examining possible corridors for the Dartmouth Flyover connecting Dartmouth to Hunziker Street, then through to Hall Boulevard south of City Hall. This street, if constructed at some time in the future, would draw traffic from 99W and hence alleviate the traffic congestion on that highway. The status of the Hall Boulevard/99W Intersection improvement has not changed since the February update. The project design is scheduled to be initiated 6 years from now with projected completion of construction by the end of the year 2006. Again, the status of 99W as a State Highway and the inability of ODOT to provide assistance are contributing factors towards the relatively low priority placed on this project. Update: Goals & Tasks - Page 4 Update: August 1998 Improvements to 99W: The Transportation System Plan (TSP) Update study by DKS is currently on hold until the review on current land use is completed. This review of land use is necessary because the Metro model does not take into account traffic from Sherwood, Newberg or McMinnville. Hence, the original projections of future traffic are relatively low in this area. DKS should be able to resume work using updated information in August. The entire study should be completed by the end of the calendar year. Construction of the recommended improvements is expected to alleviate traffic volumes on 99W. For further details on the progress of the study, refer to the Council Goal update on the Comprehensive Public Facility Plan. The corridor study for the Dartmouth Flyover connecting Dartmouth to Hunziker Street, then through to Hall Boulevard south of City Hall has been added to the DKS TSP update. The feedback on this corridor from DKS is likewise on hold until the updated information is available for their projections. We have established several preliminary alignments on the segment from Hunziker to Hall. One alignment connects at the O'Mara intersection. The other swings the road south and connects almost midway between O'Mara and McDonald Street. The entire segment from Dartmouth to Hall, if constructed at some time in the future, would draw traffic from 99W and hence alleviate the traffic congestion on that highway. J Update: October 1998 Consultants will develop the draft street system plan in early December 1998. The draft plan will be submitted for Planning Commission, City Council and public input and review by early next year. The draft information for the Dartmouth flyover will be available in November 1998. Update: Goals & Tasks - Page 5 rb Jim ® Define the CITY'S ANNEXATION PROGRAM on four distinct areas; Walnut Island, Bull Mountain, Metzger, and other areas. Update: February 1998 With the voter approval of Measure 50, the City has begun to process annexation requests and collect waivers for future annexations. Staff will be presenting an annexation policy for Council consideration in March. Update: May 1998 Council held an annexation policy discussion and direction was given on how to proceed. The issue will be revisited once the Boundary Commission functions are delegated to local governments. Update: August 1998 - No change from May 1998. Update: October, 1998 City staff is in the process of developing new annexation procedures. According to Metro attorneys, the new procedures do not require that the Code be changed. Applicants will be able to submit annexation applications beginning January 1999. Staff does plan on changing the Tigard Comprehensive Plan and Code to reflect the new annexation process. Update: Goals & Tasks - Page 6 lb Jim / Bill As the lead agency, define the course for the FUTURE OF THE DOWNTOMW in cooperation with merchants and the community, and specific actions that can be taken toward desired results. Update: February 1998 The Community Development Department is budgeting for consulting assistance to complete a downtown master plan. In addition, staff is reviewing previous efforts for the downtown to determine status of the recommendations. : May 1998 The Downtown Advisory Committee hosted a meeting regarding the future of the downtown. Bill, Liz and Jim provided background information to the participants at the meeting. The group committed to discussing how to proceed with downtown. Staff will provide necessary support as needed. Update: August 1998 The Downtown Advisory Committee has met on several occasions. The Main Street Program offered by Livable Oregon was presented at one meeting. Presently the Committee is going through some turmoil, as the leadership has been ill defined. ByLaws and election of officers should help to set direction for the group. Land use issues and study area boundaries have also been discussion topics. The group hopes to report to Council in October. Update: October 1998 The committee recently met and appointed the Board for the Tigard Central Business District Association. The Board will conduct their first formal meeting on October 14, 1998 to adopt the bylaws and elect officers. Staff will be updating Council on October 27, 1998 on the Association. Update: Goals & Tasks - Page 7 [b Ed o Obtain a LONG-TERM WATER supply solution. Update: February 1998 1. The Willamette Water Supply Agency had its first meeting on February 4 and the turnout was excellent. The next meeting is scheduled for March 4, 1998. 2. The City of Tigard entered into a contract with MSA to compile a preliminary engineering and implementation plan for the Willamette Water supply system. Bowler and Associates is working on a public information program. 3. The City of Tigard and the Tualatin Valley Water District have been negotiating with the State Department of Corrections and Wilsonville on a long-term water solution. Some funding is available from the he Department of Corrections for use in the water treatment facility. 0 The first newsletter on the Willamette water supply is scheduled to be mailed to water users by 20. Update: May 1998 The City and IWB continue to work with the WWSA on regional issues and regarding the Willamette River as a potential water source. The water treatment plant is moving along nicely in three areas: preliminary engineering and implementation plan - reviewing sites, plant layout, and transmission alignment and cost estimates. The public information program is underway with our second newsletter due to be mailed within the next two weeks. The rainwater-monitoring program will begin in June. In the next quarter, land acquisition and water rights issues will begin being explained. Update: August 1998 The City continues to look at long-term water supply options. The City of Portland has finally distributed a packet of draft scenarios and will make a presentation to the City Council. The work on the Preliminary Engineering Report and raw water monitoring are proceeding nicely. We are still on schedule for final reports in December. Update: October 1998 The City continues to look at long-term water supply options. The final report from Portland and the preliminary engineering report on the Willamette are due 12/15/98. The City Council toured the Bull Run Watershed and will visit the Hillsboro water treatment facility later this month. Council is reviewing its evaluation criteria on 10/20/98 and consultants or advisors renresentin2 both options have made presentations to the City Council in the last quarter. Update: Goals & Tasks - Page 8 lb Jim / Ed Provide tools and implement programs that PROTECT AND ENHANCE THE COMMUNITY'S AESTHETIC QUALITIES balanced with development - such as planting 2000 trees by the year 2000. Update: February 1998 Community Development The Design Evaluation Team has been formed and is tentatively scheduled to review Eagle Hardware in late February. At the joint Planning Commission/City Council meeting on February 17, there will be discussion on concepts and tools for protecting and enhancing community aesthetics. Public Works: Phase 1 of the Tree 2000 program will be presented to City Council on February 24, 1998. To date, we have planted 550 trees at Englewood Park during Make a Difference Day last October. The storm water crew is working on policies and procedures for water quality pond maintenance and aesthetic values. A draft report is tentatively scheduled for Council review in April. The Budget Committee will also see details for an enhanced water quality program. Each Wednesday morning, City crews remove illegal signs from right-of-way areas. Update: May 1998 Community Development has presented information to Council regarding the current design standards within the City. An analysis is being done on what the jurisdictions do to address aesthetics. Staff will be returning to Council for further discussion this summer. Public Works continued the sign removal program on a weekly basis; however, we are considering modifying our schedule. Staff continues to work with volunteer groups in the tree-planting program. The Trees 2000 Plan was approved by City Council and two contracts for tree planting were let for Cook and Summerlake Parks. These two projects will be completed in June. Staff is working with the Mary Woodward teachers and parents in developing a garden site to be used as a teaching tool as well as a neighborhood garden. Update: Goals & Tasks - Page 9 Update: August 1998 Community Development will be presenting the results of an analysis of how other jurisdictions handle aesthetics to Council in August. The Downtown Committee is also interested in this issue and is considering forming a subcommittee to evaluate design standards. Update: October 1998 Community Development provided an overview of how other jurisdictions address design standards and aesthetics in August. Council directed staff to wait for completion of the Washington Square Regional Center Plan and formation of the Tigard Central Business District Association before proceeding with future work on this goal. Update: Goals & Tasks - Page 10 [b Jim / David ® Encourage and support private sector programs TO MAINTAIN DIVERSE AND AFFORDABLE HOUSING AND PROTECT TIGARD'S OLDER HOUSING STOCK. Update: February 1998 Staff has been working with the Housing Code Task Force to determine the City's need for minimum housing standards. The Task Force will present their recommendations to Council in the spring. Update: May 1998 The Community Housing Task Force is continuing its work. Progress is slower than originally anticipated; however, Task Force members believe that the process is effectively building consensus so that the final recommendation to Council should represent the consensus of all represented constituencies. Currently, the Task Force is finishing review of the substantive provisions of a draft Housing Code. Upon completing this review, the Task Force will address the issue of compliance, penalties and enforcement and funding mechanisms. To date the Task Force has determined: • Tigard should adopt a Housing Code. e Enforcement should be reactive (complaint and referral driven). ° The Housing Code should apply to all residential property. One housing inspector should be hired to staff the program. Mote: this position is reflected in the 1998/99 proposed budget (General Fund). The Task Force should complete its work and present their recommendations to Council by late summer. In pursuit of this goal, Council approved the renewal of the tax exemption for the Villa La Paz project. They passed Resolution No. 98-21 dated March 24, 1998, granting the exemption. Update: August 1998 The Community Housing Task Force has completed its review of the substantive provisions of the ordinance. Their next meeting is devoted to hearing from representatives of Social Care facility providers (senior and disabled housing providers) to help determine whether to include such uses in the housing code ordinance. These uses are now licensed and regulated by the State. After this issue is resolved, the Task Force will turn to the remaining issues of Corr .-n--, pennltiPC and PnLnICen:ent nnrl Alnrlinrt ..b . The Task Force now anticipates it will complete its work and report to the Council this winter, probably in January 1999. Update: Goals & Tasks - Page 11 Update: October 1998 Two meetings have been held with representatives of Social Care facility providers (senior and disabled housing providers) to assist in the determination of whether to include such uses in the scope of the ordinance. These uses are licensed and regulated by the state. After this issue is resolved, the Task Force will turn to the remaining issues of compliance, penalties and enforcement and funding mechanisms. The Task Force now anticipates it will complete its work and report to Council some time this winter. Update: Goals & Tasks - Page 12 lb Jim ® Promote BETTER PUBLIC TRANSPORTATION to serve riders within Tigard and from Tigard to other suburban communities. Update: February 1998 Staff has been evaluating the level of service the City receives vs. revenue from local businesses. Further analysis is needed to complete this phase of our work. Tri-Met held several community meetings. The results of those meetings is expected this spring. Staff will update Council when this information is completed. Update: May 1998 Staff met with Tri-Met to review the funding and make suggestions. Staff will continue to follow. Update: August 1998 Staff requested that Tri-Met furnish Council, in writing, with new neighborhood bus routes for Tigard as part of the Transit choices for the Livability process. We are waiting for a response from Tri-Met. Update: October 1998 Tri-Met did send a letter dated July 6, 1998, and Council was provided with a copy of the letter. The letter stated that Tri Met would consider the routes proposed by the City. The City is awaiting action by Tri Met on the livability program. Update: Goals & Tasks - Page 13 Fb Gus e Develop a COMPREHENSIVE PUBLIC FACILITIES PLAN that includes construction, management, funding, and maintenance for streets, sewers, sidewalks and streetlights. Update: February 1998 Provided review comments on the Existing Conditions submittal of the City of Tigard Transportation System Plan (TSP) update study currently being performed by DKS. DKS is currently running a model to project traffic volumes expected by the year 2010. The next submittal will be the Alternatives Analysis, which is expected within a week. These alternatives will address ways to alleviate the traffic congestion expected in future years. After that submittal, a preferred alternative will be selected and modeled. From that model will come a list of future projects for implementation in the Capital Improvement Program. Sanitary Sewer: The sanitary sewer plan has progressed substantially as of this update. The sanitary sewer maps have been digitized and are now accessible through GIS. In addition, we have created a sanitary sewer master plan with some projects for sewer upgrade identified by both Public Works and USA. Further evaluation of existing line conditions and capacity will be ongoing in the next few months. A flow-monitoring program to verify existing flows and to provide data for future projections will be initiated as part of this effort. Storm Drainage, Sidewalks and Streetlights: The storm drainage, sidewalks and streetlight plans are still in the preliminary stages. Evaluation of available information and existing conditions is currently ongoing. Update: May 1998 Streets: The Transportation System Plan (TSP) Update study by DKS has been projecting significantly lower future traffic volumes than expected. The study is using information provided by Metro for these traffic flow projections. The discrepancies appear to be in land use for certain areas in Tigard. The City is currently reviewing and verifying the land use in the Tigard Triangle and in several other areas in Tigard, and has been providing more reliable information to DKS for use in the study. We have processed an amendment to the contract with DKS to allow for this additional work. DKS will convert the land use data collected and create a computer model using the updated information. The final product will be an updated Transportation System Plan that would identify improvements that need to be constructed to accommodate the current and future traffic projections. This work will be ongoing over the next several rrmondis and should bu cumpicied widiiu 6 uiww"Is. CunsLruUiuu of die recommended improvements is expected to alleviate traffic volumes on 99W. Update: Goals & Tasks - Page 14 Update: May 1995 (continued from previous page)... The Engineering staff is currently in the process of contracting for update of the City's DOS- based Pavement Management System and for re-rating of the City streets to update the existing database. The contract for the upgrade and updating of street-related information is expected to be executed by the end of the month. From this system update and review of City street conditions will come a long-term plan for preventive and corrective maintenance on the City streets. This plan will be a key component of the public facility plan for the streets. Sanitary Sewer: Since the February update, the Sanitary Sewer Master Plan has been further refined to highlight potential projects for sewer extension and to identify areas of concern for further detailed study. The entire system appears to be in good condition. The problem areas identified by Public Works wastewater crews have mostly been addressed through repairs funded by the annual Sanitary Sewer Major Maintenance funding in the CIP budget. The flow- monitoring program to verify existing flows in the areas of concern will be initiated next fiscal year through the Capital Improvement Program. This flow-monitoring program will provide data for future flow projections. The flow projections will tell us what line segments need to be upgraded to accommodate the anticipated flows. Storm Drainage, Sidewalks, and Streetlights: The storm drainage, sidewalks and streetlight plans are still in the preliminary stages. However, the projected schedule for completion of the facility plan for each infrastructure element is still as originally submitted. The Pavement Management System software has an optional sidewalk module that we intend to incorporate next fiscal year after the basic system is installed and fully operational. The sidewalk module will capture information on the existing sidewalks throughout the City and provide the basis for development of long-term maintenance and sidewalk extensions Citywide. The initiation of a 5-year program for refurbishing of existing steel streetlight poles is included in the streetlight budget for FY 19989-99. Update: Goals & Tasks - Page 15 Update: August 1998 a CM W J Comprehensive Public Facility Plan: Streets: The work to review and verify the land use is being performed by in-house staff and should be completed by mid-August. Once the information is provided to DKS, the TSP update can continue. The entire study should be completed by the end of the calendar year. CHEC Consultants has developed the update to the City's DOS-based Pavement Management System and has re-rated the City streets to update the existing database. From this system update and review of City street conditions will come a long-term plan for preventive and corrective maintenance on the City streets. This plan will be a key component of the public facility plan for the streets. Sanitary Sewer: The funding for the flow-monitoring program to verify existing flows in the areas of concern was approved for FY 1998-99. The Engineering Department is exploring options with USA for the flow monitoring of specific areas within Tigard. Once the flow monitoring methods and plans have been established, the program will be initiated. This flow- monitoring program will provide data for future flow projections. The flow projections will tell us what line segments need to be upgraded to accommodate the anticipated flows. The plan for segment upgrade will be developed using this information. Storm Drainage, Sidewalks, and Streetlights: The projected schedule for completion of the facility plan for each infrastructure element is still as originally submitted. Thy City has participated in the funding of a floodplain study. The study results and maps reflecting the updated floodplain should be ready by September 1998. The information fron. these maps will be used in the development of the Comprehensive Public Facility Plan for Storm Drainage. In addition, the City has included the Washington Square pre-treatment project in the 1998-99 Capital Improvement Program. This project is on the USA storm drainage master plan and is intended to address the water quality problems in the storm runoff from the Washington Square and surrounding area. The Pavement Management System software has an optional sidewalk module that we intend to incorporate this fiscal year after the basic syscem is fully operational and the staff has had experience in working with it. The sidewalk module will capture information on the existing sidewalks throughout the City and provide the basis for development of long-term maintenance and sidewalk extensions Citywide. The initiation of a 5- year program for refurbishing of existing steel streetlight poles is included in the streetlight budget for FY 1998-99. The initiation of the first phase of the refurbishing program will be sometime in the next few months. Update: Goals & Tasks - Page 16 Update: October 1998 The draft street system will be available December 1998. Update: Goals & Tasks - Page 17 0 TASK (update - May 1998) A specific activity that is part of a department's assigned responsibilities, part of a department or individual's work program. COMPLETED Change Council Goal Setting Cycle to fall. ® Finalize long-range plans for took Park. Apprise Council of Pending Development Locations. • Evaluate use of traffic calming devices for SW North Dakota. TO BE COMPLETED THIS YEAR ['b Jim ® Survey, assemble and evaluate opportunities to create tools to protect community aesthetics. Update: February 1998 Council adopted design standards for the Tigard Triangle this past year. The Design Evaluation Team (DET) was appointed by Council to provide flexibility to these standards. Update: May 1998 The DET reviewed a proposal for Eagle Hardware and provided a report with recommendations. Staff is evaluating current City standards and comparing to other jurisdictions. Findings will be presented to the Council in July for further direction. Update: Goals & Tasks - Page 18 Update: August 1998 Staff has completed its review and will be discussion the review with Council on August 25, 1998. Update: October 1998 In August Council directed staff to delay further work on this issue until completion of the Washington Square Regional Center project and formation of the Tigard Central Business District Association. Update: Goals & Tasks - Page 19 [b Liz • Implement a revision to the CIT program to emphasize citizen education, and citizen access to resources on one evening a month. Update: February 1998 The first CIT meeting in the new format was held February 5. Approximately 53 citizens attended. The new format accommodates all of the CITs at one meeting. The first portion of the meeting is a general session with educational topics. The second hour is a breakout session for citizens to participate in discussions on a variety of topics. Update: May 1998 The CIT meetings continue to be held under the new format one meeting a month. Attendance is being tracked and has been as high as 64 and as low as 45. The Council and Facilitators will discuss the new CIT format and any suggestions for changes at a Work Session on May 19. Update: August 1998 At the May 19 work session, the City Council and CIT facilitators agreed to continue the current CIT format through the calendar year. Staff continues to make one-on-ones available for citizens, but they are poorly attended. The Council will discuss continuation of this aspect of the CIT program and Facilitators at the September 15 study meeting. Update: October 1998 At the September 15, 1998, Council meeting, it was agreed to modify the one-on-ones. At future meetings, a representative from each department will attend, but will leave after the break if no one has signed up for their one-on-one. annual facilitator training will be held on Saturday, November 7, 1998. Update: Goals & Tasks - Page 20 lb Liz / Loreen C Conduct Visioning Process. Update: February 1998 The first "Tigard Beyond Tomorrow" report was issued to the citizens at an Open House on January 29. The report is a sun-unary of the community's 20-year vision effort and contains direction statements, goals, strategies and action plans for each of the six target areas. The Tigard-Tualatin School District Board and the Tualatin Valley Fire District Board (partners with the City), will receive reports in February. Update: May 1998 Staff has completed presentations to service groups on the visioning final report. Action plan activities are being monitored and a report on the progress in each target area was given to Council on May 12. Update: August 1998 Action plan activities are reported on Council summary sheets. Staff continues to monitor action plan activities in each target area. A report will be presented to Council at the September 8 meeting. Training for staff to develop performance measures is being developed and will be completed by the end of the year. Update: October 1998 Training for staff to develop outcome measures was held October 13 and 14. Action committees will be asked to meet before Thanksgiving to review their strategies and action plan progress for the year end report that will be prepared in December. Staff continues to update Council on progress toward goal completion. Update: Goals & Tasks - Page 21 ib Liz Develop long-range and short-range space plans and evaluate funding alternatives. Update: February 1995 The consulting architect to the Space Committee developed concept plans and costs over the holidays. The plans were reviewed with key staff. The Space Committee will reconvene on February 11 to review the concept plans and costs and discuss a public information schedule. Update: May 1998 A phone poll of Tigard voters was conducted in April to determine support for facilities expansion. Council will discuss the results on May 12 or May 19 and direct staff on how to proceed. Update: August 1998 On August 11, Council will consider placing a ballot measure before the voters at the November 3 General Election. Update: October 1998 On August 11, 1998, Council voted to place a ballot measure before the voters at the November 3, 1998 General Election. Staff provided information to news media and citizens explaining the Measure. The Tigard Times decided to endorse the measure through an editorial. Staff made presentations to city service clubs and placed a lobby display on the Civic Center explaining the measure. Update: Goals & Tasks - Page 22 Fb Sandy G Employee Recognition. Update: February 1998 Human Resources continues to provide a Cityscape article each month on the "Employee of the Month." A new recognition program was recently started where a "traveling trophy" filled with candy is passed from one employee (deserving recognition of outstanding work) to another deserving employee. (To further clarify, the recipient of the trophy selects the next person to receive the trophy.) This peer recognition has been well received and employees are having fun with the new concept. The citywide Employee Recognition Program is scheduled for February 27, 1998. a. Update: May 1998 Our Citywide Employee Recognition Program was held in February, with a turnout of over 100 employees and 8 family members. The Employee of the Month Program is beginning to recognize more teams for outstanding City service, which is great for our work units. The Traveling Trophy is now at its sixth recipient and has been passed among four departments. Update: August 1998 This Council goal has been fully implemented and operates on an on-going basis at this time. Components of the goal include: o Employee of the month selection o Articles in each Cityscape on the current Employee of the Month ® Annual Employee Recognition Program o Traveling Trophy - peer to peer recognition for outstanding work Employees have very enthusiastically received all of these programs. The Cityscape articles have enabled us to showcase outstanding work by City employees. Update: October 1998. Monthly employee recognition through the Employee of the Month program occurred. The level of nominations has increased as has the completeness of the nomination forms submitted. The program appears to have greater acceptance among staff. Update: Goals & Tasks - Page 23 Update: Goals & Tasks - Page 24 {b Sandy ® Implement Workplace Violence Recommendations. Update: February 1998 City of Tigard employees began wearing ID badges on 1/1/98 as part of the Workplace Violence Committee's recommendations. Meetings were held citywide to discuss this new program and to solicit information to improve security at City facilities. The Executive Staff approved the outline of a training seminar to be held on workplace security, which was another of the Workplace Violence Committee's recommendations. Human Resources is now identifying trainers for the program. Update: May 1998 Training for all City employees has been scheduled for May 12 through 21, with Jim Fairchild, CAPE, presenting the program. These four hour sessions are mandatory and will cover such topics as red flag behaviors, types of workplace violence, violence prevention, creating safe working conditions, responding to aggressions, how to defuse anger, and other components. Update: August 1998 All City employees (except for uniformed police who have received training through the Bureau of Police Standard and Training) have participated in a four hour "Workplace Violence: A Perspective on Causes and Cures" seminar. There were numerous positive remarks from staff regarding the usefulness and value of this workshop. This seminar will become a regular training program offered each year to those new employees joining the City workforce. All employees now wear City identification badges, as do other visitors to City offices. These represent the goals under the Workplace Violence Program assigned to Human Resources. Security improvements to the buildings, which were also recommended, are under the direction of the Public Works Department. Update: October 1998 The Public Works Department solicited additional input from vendors and prepared a new bid 1.. ' .7 1.. will ill be 7.,L 7.. - AT... ........j..,.- L.7 til L1 a 1VVVelitV~.1 1770 U1LL ~Jl V1.GJJ. Dl\l 1/atcrials VG available 1V. pacl\.agc 1..1V1 coinslu.7elation. iJ' Update: Goals & Tasks - Page 25 lb Cathy e Review Existing City Ordinances and Resolutions. Update: February 1998 The Records Division compiled a listing of ordinances and resolutions at the request of the City Recorder. The City Manager and Recorder met to define the scope of the task and is briefly outlined as follows: Review, list and index Council policy decisions for the last five years. o Review the ordinance list to determine if any ordinances (not codified) appear to be obsolete and, therefore, should be repealed. Review, list and index resolutions for the last five years. Determine if any appear to be obsolete and, therefore, should be repealed. e Contact the League of Oregon Cities and other City Recorders and inquire if they have a tracking system for policy decisions and a review schedule. Prepare a recommendation to serve as a guideline as to when a resolution or ordinance would be the proper instrument to use when requesting Council action. For example, should all policy direction and agreements be adopted by resolution? Update: May 1998 A report is tentatively scheduled for the Council meeting of June 16, 1998 Update: August 1998 Activity delayed until after the nomination process has been completed for City Council elections. City Recorder has this scheduled in her goals for the coming year to establish a time for completion by the end of this fiscal year. Update: October 1998 City Recorder has contacted the League of Oregon Cities and three other cities to determine if other jurisdictions have procedures in place that would be helpful for Tigard to incorporate. More background research will be conducted and then recommendations will be made to the L_ City 4%nllt tracking policy decisions, resolutions and Manager and iiicil to t~,..~y . ordinances. Update: Goals & Tasks - Page 26 [b Jim / Dick e Rewrite Tigard Development Code. Update: February 1994 A revised Development Code was reviewed at a joint CIT meeting on January 14, 1998. It was also discussed at the February 5, 1998, CIT meeting. A joint City Council/Planning Commission meeting to review the draft code is scheduled for April 7, 1998. We hope to schedule public hearings after April 7, depending on the input/direction received from the City Council and Planning Commission. Update: May 1998 A joint City Council/Planning Commission work session was held April 7, 1998 to review the draft Code. Minor changes drafted by staff are being incorporated into the next draft to be reviewed at a public hearing by the Planning Commission on June 15, 1998. Pending the outcome of the hearing, a City Council public hearing will be scheduled. Update: August 1998 The Planning Commission held a Public Hearing on June 15, 1998 and recommended the approval of the proposed code. The City Council held a Public Hearing on July 28, 1998. Council will hold a work session on August 18, 1998 with adoption set for August 25, 1998. The ordinance is to be in effect on November 26, 1998 in order to coincide with the adoption by Washington County. Update: October 1998 Washington County will be considering code amendments in October and November. It is anticipated that the County will adopt the new regulations for an urban service area. On October 27, 1998, the Council adopted an ordinance correcting omissions pertaining to the newlv adopted Community Development Code. Update: Goals & Tasks - Page 27 lb Jim / Duane • Promote use of Metro Greenspaces funds for the Tualatin River and Fanno Creek. Update: February 1998 Consultant services were retained to accomplish this task. Contracts have been entered into with all property owners along identified portions of Fanno Creek and elsewhere in the City for property purchases. Negotiations are underway on specific properties. Update: May 1998 $50,000 has been allocated by the City and Tualatin to examine feasibility of constructing a pedestrian bridge across the Tualatin River, as well as purchasing two riverside tracts from the Tualatin Country Club and accepting a donation of a third property along the Tualatin River. The City continues to negotiate with property owners about purchase of land for greenways and open space. Update: August 1998 A study of the feasibility of attaching a walkway to the existing railroad bridge over the Tualatin has been completed with positive results. Along Fanno Creek, one property owner has dedicated a pedestrian trail easement to the City. Negotiations are underway for dedication of one piece of property. Staff is proceeding with the purchase of a piece of property and acquiring trail easements across two additional creekside properties. Update: October 1998 Negotiations are on going with one of the two remaining owners of Fanno Creek property targeted for Metro Greenspaces acquisition. Staff is attempting to establish contact with the new owner of the other targeted property, which forms part of a larger tax lot. Update: Goals & Tasks - Page 28 [~b Cathy e Schedule regular Board, Committee & Task Force Updates. Update: February 1998 CIT updates are scheduled for workshop meetings each month with a more comprehensive update scheduled for the workshop meetings during the months of September, May and August. The Planning Commission is scheduled to meet with the City Council on February 17. In addition a special joint meeting is scheduled with the Council and Commission on April 7 to review the draft Community Development Code. The Library Board is scheduled to meet with the City Council on March 17. The Finance Director is developing meeting dates for the Budget Committee, including an orientation meeting. Task Forces appointed by the City Council are scheduled when they are ready to report their findings and recommendations to the City Council. Other agencies are also scheduled during the year. The Council will be meeting with the Tualatin Valley Fire and Rescue Board on March 3. Staff is working with school officials to determine a date for a joint meeting with the School Board. Update: May 1998 All meetings noted above were scheduled and held. Staff will prepare a tentative meeting scheduled for next fiscal year. A report from the Affordable Housing Task Force is expected mid- to late- summer. Update: August 1998 Tentative meeting schedule will be proposed to City Manager by September 15, 1998. City Recorder will review past meeting schedule and upcoming tentative agendas to determine which committee/task force meetings are timely. Update: Goals & Tasks - Page 29 City Recorder will be meeting with the City Manager to develop an 18-month calendar. A meeting was held with the Budget Committee on November Social Service Agency grant program and facilities planning. Goals & Tasks - Page 30 Ib Cathy • Define philosophy and budget for community events. Update: February 1998 Council discussed this issue at their October 21, 1997 meeting. Consensus of the City Council at that meeting was to adopt the following general "philosophy" for City events: The City's intent, when it chooses to sponsor an event is to > Provide events for Tigard citizens to enjoy. > Showcase the City to residents and others. > Provide an opportunity for non-profit organizations to raise money through an event. In addition, organizations requesting funding from the City during the budget process will be submitting estimates of the cost of City services needed for their event in addition to the cash donation requested. City staff has worked with these groups to assist them with the estimates of the cost of the services (for example, traffic control or assistance from the Public Works Department. Update: May 1998 The first year of the new procedure for the budget process was just completed. Staff will review to determine if changes need to be made to the manner in which the requests for funding were scheduled and submitted for Budget Committee review. Update: August 1998 No activity on this goal other than the City's participation in the Festival of Balloons, 4th of July Celebration and the Tigard Daze. Update: October 1998 City Recorder is working on scheduling a meeting with staff members, Mayor Nicoli and Councilor Moore to discuss with Bruce Ellis the City involvement for this next year with the Festival of Balloons. A new event, Train Days, was successfully presented to the community in September. Then, in October several community projects were completed with volunteer assistance in "Make a Difference Day." Administrative staff is now completing all the details and planning work for the Holiday Tree Lighting event scheduled for December 4, 1998, 6 p.m. at the Tigard City Hall. Update: Goals & Tasks - Page 31 Fb Liz • Develop duties and justification for volunteer coordinator position to serve all City departments. Update: February 1998 The job description for the volunteer coordinator was reviewed by Executive Staff prior to Council review. Council authorized funding for the position and the recruitment process is underway. Update: May 1998 Susan Koepping was hired as the Volunteer Coordinator and assumed her duties April 15. A work program is being developed and wiil include identification of volunteer opportunities, recruitment, outreach, coordination of training, and reporting the program's progress. Update: August 1998 This task completed with the hiring of Susan Koepping as Volunteer Coordinator. Update: October 1998 Council is receiving periodic reports on Volunteer Coordinator activities. Volunteers are assisting all departments in the City. Update: Goals & Tasks - Page 32 TO RE COMPLETED WITHIN ONE YEAR (b Gus Develop and implement a mechanism to revise development fees annually to recover costs. Review engineering fees in 1998. Update: February 1998 Any changes in fees prior to June 30, 1998 will have to go before the voters. Therefore, consideration of any engineering fee increases will be delayed until after June 30, 1998. The determination of new engineering fees to charge is currently underway. The options for fee changes will be discussed with City Council in mid-June 1998. The fees decided upon will be presented to City Council for approval in late July. The new fees will be effective January 1999. May, 1998 This task is still progressing as scheduled. The proposed new engineering fees will be discussed with City Council in mid-June 1998. The fees decided upon will be presented to City Council for approval in late July. The new fees will be effective January, 1999. Update: August 1998 Engineering Fees: This task is still in progress. Because of the heavy workload during the summer, the time frame for development of the fee structure and presentation to Council has slipped. The current plan is to discuss the proposed fees with Council in September and submit the fee package to Council for action in November. The new fees will be effective January 1999. Update: October 1998 Engineering fees will be discussed at the November 17, 1998 City Council meeting. Update: Goals & Tasks - Page 33 {b Ron Police Funding - specialty programs: programs such as Youth Officer, GREAT, DARE, Officer at the Square, etc. must be examined. Update: February 1998 A non-profit organization is being created. One of the purposes of this organization will be to look for funding and determine resources available through volunteer-citizen efforts. Update: May 1998 The Tigard Youth Association has been formed. We are waiting for the finalized non-profit paperwork to be returned to us from the State of Oregon. Board members have been selected and meetings will begin this month. Update: August 1998 Washington Square position has been expanded to cover a wider area. Washington Square has not been able to assist in the funding of the position. The Tigard Youth Association has received the tax-exempt number from the State of Oregon. Tigard Youth Association is now meeting and active - the next meeting will be on August 20, 1998. There will be a mass mailer to all Tigard businesses soliciting funds for youth programs. It will be prepared and mailed within the month. Update: October 1998 Mass mailer has gone out to all Tigard businesses soliciting funds for youth programs by the Tigard Youth Association. They will also be holding a Holiday Bazaar at Tigard High School on November 14, 1998 to raise funds. Update: Goals & Tasks - Page 34 Fb Jim . Support heavy passenger rail service planning through Tigard. Update: February 1998 The Mayor and staff continue to support evaluation of heavy passenger rail through Tigard. ODOT and Washington County are evaluating consultants to help with this effort. Update: May 1998 Community Development was involved with this project, and assisted with the scope of work and consultant selection. Update: August 1998 The consultant firm of BRLO was selected to complete the next phase of the commuter rail study. Ti Steering Committee, which includes the Mayor, met on July 30, 1998, to hear an update on } G ^nsultant's work. The Steering Committee approved a demonstration project that will coinciae with the opening of the West Side Light Rail project in September. This will include commuter rail service between Wilsonville and Beaverton, with stops in Tualatin and Tigard on September 12 and 13, 1998. Update: October 1998 The consultant continues to work on the feasibility of the commuter rail line between Beaverton and Wilsonville. The project is looking like it will be able to operate. The study will be completed in mid-November. The demonstration project (September 12&13, 1998) was very successful. Approximately 6000 people rode the train over the two days. This exceeded the estimate for ridership. The public appeared very supportive of the project. Update: Goals & Tasks - gage 35 Eb Ron Participate in Youth Center Study (of private interest groups), consider the results, and determine City position on developing a youth center and youth programs. Update: February 1998 There has been no activity on this goal. Update: May 1998 No activity on this goal. Update: August 1998 There is currently no community committee or group formed to address this goal. The Tigard Youth Association is addressing the youth programs portion of this goal. Update: October 1998 There is currently no community committee or group formed to address this goal. The Tigard Youth Association is addressing the youth programs portion of this goal. Update: Goals & Tasks - Page 36 Fb Ureen Investigate options for a non-profit group to enhance plastics recycling opportunities. Update: February 1998 Non profit groups are not able to provide enhanced plastics recycling opportunities for the community because there is no market for the material. Tigard has joined other communities in working with the Governor and Metro to develop more recycling markets for materials, including plastic. Update: May 1998 Status is the same as stated above. No change. Update: August 1998 Discouraging news....... Joint Task Force at the State level, has not made progress on the plastic market development issue. National Plastic Council is now suggesting that burning of plastic be considered "recycling" of the material. Update: October 1998 Metro Presiding Officer Jon Kvistad was invited to meet with Council at the November workshop meeting to discuss Metro's efforts in the area of plastics recycling. Update: Goals & Tasks - Page 37 TO BE COMPLETED WITHIN TWO YEARS Pb Jun • Planning Studies Washington Square SchoIIs Update: February 1998 A consulting team, consisting of John Spencer, Lloyd Lindley, Cogan Associates and Kittelson, have been hired to complete the Washington Square master planning effort. A work program is currently being negotiated with ODOT. The Beaverton Murray/Scholls Town Center master planning effort was only recently started. Staff is participating on the technical advisory committee on the project. A Update: May 1998 ODOT has approved the work program and a task force is being formed to begin the master planning process. Update: August 1998 The Task Force has met twice and has developed guiding principles for the master planning effort. Update: October 1998 The Task Force has continued meeting and has toured the Washington Square area. A public "open house" was held at Washington Square mall and at the Metzger School. Information was obtained at these open houses from the public regarding their concerns for the area. That information is currently being compiled. Update: Goals & Tasks - Page 38 Fb Liz 0 Improve Media Relations Upstate: February 1998 Since the last reporting period, new reporters have been assigned to Tigard at the Times and The Oregonian. Staff will continue to monitor media response to the City's press releases and invitations to cover events. In addition, meeting will be scheduled before the next report to Council with the editors of The Oregonian, Times and Regal Courier. Update: May 1998 The Assistant to the City Manager attended a half-day workshop on working with the press. Weekly contacts with staff from the Oregonian and Channel 2 News have been initiated and the Assistant to the City Manager will revise records documenting press contacts. Update: August 1998 Weekly contacts with the Times and Oregonian are ongoing. Channel 2 is contacted at least twice a month. A media diary has been initiated to document press contacts. Update: October 1998 Staff continues to contact the Times and Oregonian on a regular basis. Contacts are documented in a media diary. Contacts with Channel 2 have also been maintained with some good results. Train Days and the North Dakota traffic-calming meeting were both covered by Channel 2 and received newspaper coverage. Update: Goals & Tasks - Page 39 lb Jim Implement Tigard's approach to worldng/dealing with regional issue coordination. Update: February 1998 Council has authorized City participating in the McKeever/Morris Group's coordinating efforts (Growth Management Caucus) coordinating efforts to track Metro issues. Update: May 1998 Staff and Councilor Moore have attended caucus meetings and staff has met with McKeever/Morris to provide input on what services they can provide to the City. Update: August 1998 Staff has continued to receive information from McKeever Morris regarding regional issues. Update: October 1998 Staff has continued to receive information from McKeever, Morris regarding regional issues. The City has intervened in the LUBA challenge of Metro's action on Title 3 issues. Update: Goals & Tasks - Page 40 lb Liz / Loreen ® Implement Vision Goals Update: February 1998 The "Tigard Beyond Tomorrow" report has been issued. Staff will incorporate the action plan activities into work programs and budgets as appropriate. Before the next Council update, staff will make presentations to community groups and schools on the report and describe how citizens can get involved. Update: May 1998 Refer to goal "Conduct Visioning Process" on Page 14. Update: August 1998 Refer to goal "Conduct Visioning Process, on Page 15. Update: October 1998 Refer to goal `Conduct Visioning Process" on page 14. is\adm\cathy\cou ncil\goals98.doc Update: Goals & Tasks - Page 41 RESOLUTION NO. CITY OF TIGARD, OREGON Agenda Item No. CO Meeting of 11 b oc12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD ADOPTING A POLICY REGARDING DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES IN PROCEEDINGS NOT SUBJECT TO THE OREGON TORT CLAIMS ACT (OTCA). WHEREAS, ORS 30.260 to 30.300 (the Oregon Tort Claims Act - OTCA) requires the City of Tigard and all other public bodies to defend and indemnify its officers and employees from tort claims arising from the performance of their duties; and WHEREAS, one purpose of the OTCA is to prevent persons from being discouraged from public service on the City Council, appointed boards, committees and commissions or as City officers and employees because of fear of lawsuits; and WHEREAS, the OTCA does not encompass certain charges which may be brought against City officials and employees arising from good faith performance of their duties; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD THAT: Section 1: The City Council hereby enacts the following policy: DEFENSE AND INDEMNIFICATION OF CITY OFFICIALS IN PROCEEDINGS NOT SUBJECT TO THE OREGON TORT CLAIMS ACT (OTCA), AND DEFENSE OF CLAIMS BROUGHT PURSUANT TO ORS CHAPTER 244 (GOVERNMENT STANDARDS AND PRACTICES). Public Purpose for Policy. It is in the public interest of the City of Tigard that Tigard's officers and employees be free of the personal financial hardship resulting from having to defend claims and charges (other than "true" crimes punishable by imprisonment) which are beyond the scope of the OTCA and which arise out of their good faith performance of their duties. For the purpose of this policy, the City's "officers and employee's" include: City elected officers, members of the City's official advisory boards, committees and commissions, charter officers and all employees. 2. General Rule. The City will defend and indemnify any City officer or employee and pay the cost of defense and the amount of any judgments entered against the officer or employee. The City reserves the right to not defend or indemnify if the act.:~ia yr vii`~sion of the officer cr e;m 1--c ::'µs in bc? fs.tl: r^.d ..;+1: -1;'e. RESOLUTION NO. _ Page 1 Good faith is absent if the officer or employee knew or reasonably should have known that the action or omission would violate the law, rule or regulation which he or she is charged with violating, or if the officer or employee acted contrary to the advice of legal counsel. 3. Limitations on Defense and Indemnification of Crime Punishable by Imprisonment. In no event should the resources of the City be committed to the defense and indemnification of a City officer or employee charged with a crime punishable by imprisonment unless the Council is satisfied that: a. The offense charged is based solely on the alleged negligence of the officer or employee, and the officer or employee was not malfeasant in office nor wilfully or wantonly neglectful of official duty; and/or, b. It appears that the allegedly criminal act or omission was done or omitted as a conscious and good faith choice between evils in response to an emergency, or as a conscious and good faith attempt to protect persfns from injury, disease, or to protect property from damage or destruction, either of which would have been likely and substantial had the officer or employee not acted in the manner charged; and/or, c. The only basis for charging the official is vicarious liability for the misconduct of a subordinate, and where the official clearly did not participate in or condone the subordinate's conduct knowing or having good reason to know it to be unlawful. 4. Defense and Indemnification Conditional. Any commitment of City resources, pursuant to this policy must be contingent on the Council's continued satisfaction that the conditions found to justify defense and indemnification continue to be met. Should it appear that the officer or employee has misstated or failed to disclose facts which, if known, would have changed the initial decision to defend and indemnify, the City's commitment to that person's defense and indemnification shall be withdrawn and the City shall be entitled to recover from that person any public funds expended on that person's defense and/or indemnification. 5. Payment of Costs; Reimbursement of City. Ordinarily the commitment to defense and indemnification of an officer or employee will involve direct payment of defense and indemnification costs as they are incurred. In any case, however, the Council may choose to commit only to reimbursement of validated expenses in the event the officer or employee is ultimately exonerated. If the particular law, rule or regulation under which the officer or employee has been charged provides for payment of costs and/or attorney fees if the officer or employee prevails, the City shall he entitled to reimbursement of any such costs and/or attorney fees paid by the City. RESOLUTION NO. _ Page 2 6. No Entitlement to Defense and Indemnification. Nothing in this policy should be construed to entitle any officer or employee to defense and indemnification. The intent of this policy is to vest discretion with the Council with certain restrictions as to when defense and indemnification funds may not be provided. In each case the Council should be guided by considerations of what is in the best interest of the City of Tigard subject to the above conditions and restrictions. 7. Defense of ORS Chanter 244 Claims. In the event a claim is made against any officer or employee pursuant to ORS Chapter 244 (also known as Oregon Government Standards and Practices), the officer or employee is responsible for providing their own defense. The officer or employee will be reimbursed for the costs of providing their own defense, if the officer or employee is exonerated. PASSED: This day of , 1998. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard APPROVED AS TO FORM: City Attorney j me/acm/90024/ethicscoverage.re3 (11 /20/98) RESOLUTION NO. _ Page 3 Novi - AGENDA ITEM # Ag~doa_ FOR AGENDA OF 24 November 1998 CITY OF TIGARD, CREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bid Award of Card Lock Security System PREPARED BY: John Roy DEPT HEAD OK ISSUE BEFORE THE COUNCIL Consideration by Council for the approval of the bid award for the card lock security system to the lowest qualified bidder, Entrance Controls, for the amount of $87,104.00. STAFF RECOMMENDATION Staff recommends that Council award the bid for the base bid and option #1 to Entrance Controls for the amount of $87,104.00. INFORMATION SUN MARY The bid consisted of the base bid which included providing a card access locking system for City Hall, Library, Police Dept., Water Building, Human Resources, and Public Works. The base bid also included providing an automatic gate for the Public Works yard. All together there are 21 doors identified for having card lock access readers installed in the base bid. Included in the bid were two options, the first option is for video badging software, and option two is for providing supervised doors on all the other doors to the facilities that will not have card readers. The intent of the supervised doors is to provide additional security features as an integral part to the access control and alarm monitoring system, utilizing expanded or resident capabilities of the field panels, and host software. The video badging software will allow for our being able to make our own badges for City employees, contractors and visitors. Option 2 will not be requested at this time but will be included in the building maintenance budget request for FY 99/20000. Bids received were as follows: BIDDER Rose City Electric Simplex Entrance Controls Reject the bids. Re-advertise for bids. Give staff further direction. OTHER ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY rr FISCAL NOTES There is $72,138.00 budgeted in this fiscal year for this project. Approval of this bid award would require a fund transfer of $14,966.00 to make up the difference between the budgeted amount and the bid amount. When budget projections were prepared for this access system the video badging software was not included in the budget request. Since the projections were prepared, further discussion has been had with City staff and with the various security vendors and it has been determined that the video imaging software for badge making is important to the purpose of the card lock access system. There are also some increased costs from the budget projection because some of the scope of the bid requires sub-contracting work. 1 AC I TY W I D E1CA R D LOC K. D OC 1 a-i-_ • 'Entrance Controls, inc. ENTRANCE CONTROLS, INC. / APYIERICAN MAGNETICS CORP. SYSTEM REFERENCES AND CONTACTS T kw-)t- g , f Chemeketa Community College 7. Oregon State Treasury Jerry Vessello Ivon Young 4000 Lancaster Drive NE 159 State Capital Salem, OR 97309 Salem, OR 97310 (503) 399-5157 (503) 378-4694 2. University of Oregon Jody Bleisch 1319 E 15th Eugene, OR 97403 (503) 346-3045 3. University of Portland John Garner 5000 N Willamette Blvd. Portland, OR 97203 (503) 283-7161 4. Willamette University Ross Stout 900 State St. Salem, OR 97301 (503) 370-6000 5. Port of Portland Portland Int. Airport Bob Bullock 700 NE Multnomah Portland, OR 97232 (503) 231-5000 8. Washington County Public Services Building Bob Shroyer 150 N 1st Ave. Hillsboro, OR 97124 (503) 693-4850 9. Ashforth Company Vir(Til Ovall 825 NE Multnomah Portland, OR 97232 (503) 233-4048 10. Industrial Design Corp. Multiple Sites/Nationwide 2020 SW 4th Ave. Portland, OR 97201 (503) 423-3998 11. PacTrust Dick Krippaehne 15115 SW Sequoia Pkwy Portland, OR 97224 (503) 624-6300 6. State of Oregon Dept. of Human Resources Noel Nimsic 875 Union NE Salem, OR 97311 (503) 945-6886 12. The High Desert Museum Mike McKnight 59800 S Hwy 97 Bend, OR 97702 (503) 382-4754 Additional references available upon request Additional AMC Customers: City of Lake Oswego Parks & Recreation State of Oregon Dept. of Fish & Wildlife State of Oregon State Lands Bldg. PMC Contact Lumber Bess Kaiser Hospital Consolidated Freightways Essex House The Quintet JAE, Oregon Corning Clinical Labs Boise Cascade Nationwide Insurance PP&L Fremont PGE/World Trade Center Oregon Convention Center City of Lake Oswego Police Department Port of Portland Shipyards City of Eugene - Hult Center for the Performing Arts Teufel Commercial Landscape Tokyo International University USF&G Washington School for the Deaf Vancouver School District C Tran Clark Public Utilities Protection One Supra Corp. Oregon Pacific George Fox College City of Vancouver Speiker Properties - RiverForum Linear Technology Battle Ground School District Corporate Headquarters Seattle Revonal Oftice: Portland Regional Office Phone 160 256--"16 291() First Acenr! South Phone 206622-0452 12606 NE 95th Street. Suite C- I CO 51::.' '3.153? Seattle. %Vashtntton 181 Fax 206 622-8727 Vaneou%er. Washington 98682 Fax 3 60 256--93v ' iE-71- T/I 1- i5ti'Y ; Ell I Controls Inc. ENTRANCE CONTROLS, INC. PORTLAND REGIONAL ACCOUNTS COR.POR.ATE Fujitsu Boise Cascade Consolidated Freightways PacTrust Contact Lumber Teufel Nursery Industrial Design Corporation World Trade Center Pacific Development TR;vf Copy Center Bank of California U. S. Bank GTE Jaynes River Corporation Weyerhaeuser Tektronix Linear Technology Summit Information Systems The High Desert Museum EDUCATION Oregon Health Sciences University University of Oregon Willamette University University of Portland Chemeketa Community College Washington State University George Fox College Vancouver School District Corporate Headquarter-, Seattle Re_ional Orficc 3910 First Avenue Sown Phone 306 633.0453 Seattle. Washington 9:11 = Fix 306633.3737 GO Y L111`11r1t.1V 1 Army Corp of Engineers Oregon State Treasury Oregon Dept. of Fish and Wildlife Oregon Convention Center Washington County Multnomah County Justice Center City of Vancouver City of Lake Oswego City of Gresham Port of Portland Portland International Airport UTILITEES Pacifi r ortland General Electric Clar Pubic tr r r Trojan Nuclear Power Plant Bonneville Power Administration Montana Power MEDICAL Bess Kaiser Hospital Kaiser Regional Administration Physicians Medlab Bay Area Hospital Portland Regional Officc Phone 360 356-4416 13606 NE 95th Street. Suite C-100 503 333-353? Vancouver. Washington 956:1_ F:x 360 356.4939 P Nun - AGENDA ITEM # For Agenda of I -a • 9B CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE : Budget adjustment #7 for Card Lock Security System PREPARED BY: Cyndi DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the City Council approve a budget adjustment to provide sufficient funds to complete the Card Lock Security System on City facilities? STAFF RECOMMENDATION Staff recommends that the budget adjustment be approved. INFORMATION SUMMARY The 1998/99 Adopted Budget included $72,138 for a project to add a Security Card Lock system. The low bid for the project came in at $87,104. If the low bid is to be accepted, a budget adjustment of $14,966 will be necessary. The attached resolution appropriates an additional $14,966 from contingencies in the General Fund, Building Fund, Urban Services Fund, Sanitary Sewer Fund, Storm Sewer Fund, Water Fund and the State Gas Tax Fund for this project. OTHER ALTERNATIVES CONSIDERED If the bid is not awarded, this adjustment is not necessary at this time. FISCAL NOTES This budget adjustment reduces contingencies as follows: General Fund $11,413 Building Fund 297 Urban Services Fund 300 Sanitary Sewer Fund 739 Storm Sewer Fund 739 Water Fund 739 State Gas Tax Fund 739 And increases the appropriation in the Public Works program, Property Management Contractual Services by $14,966. CITY OF TIGARD, OREGON A RESOLUTION APPROVING BUDGET ADJUSTMENT #7 INCREASING APPROPRIATIONS FOR THE CARD LOCK SECURITY SYSTEM. WHEREAS, The City Council wishes to proceed with the Security System project and the low bid has been determined to be $14,966 greater than the budget for this project. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: General Fund, Building Fund, Urban Services Fund, Sanitary Sewer Fund, Storm Sewer Fund, Water Fund and State Gas Tax Fund contingencies are hereby appropriated for this project in the amount of $14,966 in Property Management Division, Public Works Program. Contingencies are reduced as follows: Building Fund Urban Services Fund Sanitary Sewer Fund Storm Sewer Fund Water Fund State Gas Tax Fund RESOLUTION NO Page I