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City Council Packet - 01/12/1999M TIGA I COUNCIL MEETING JANUARY 12,1999 COUNCIL MEETING ILL E TELEVISED 1-.VUX A1JEWM%CCPKT,.DM T3125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ~ 26 L CITY ®F TIGiARD 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 lign- in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 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 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JANUARY 12, 1999 - PAGE 1 Tigard City Council Meeting AGENDA January 12, 1999 6:30 PM • STUDY SESSION > DISCUSSION - LONG-TERM WATER SOURCE - Review of Schedule for Neighborhood Information - Appointment of Members and Review of S::.hedule for the Water Advisory Committee > COUNCIL APPOINTMENTS - PREVIEW BUSINESS AGENDA APPOINTMENT ISSUES > REVIEW NEW AND CARRYOVER COUNCIL GOALS 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 2. OATH OF OFFICE CEREMONY (Terms of Office: January 1, 1999 to December 31, 2002) • Mayor Nicoli • Councilor Joyce Patton • Councilor Ken Scheckla 3. SPECIAL RECOGNITION - BOB ROI.ILF Mayor Nicoli 4. VISITORS AGENDA S. STATE OF THE CITY ADDRESS Mayor Nicoli 6. EXECUTIVE SUMMARY u City Manager Monahan COUNCIL AGENDA - JANUARY 12, 1999 - PAGE 2 7. ELECTION OF COUNCIL PRESIDENT (TO SERVE FROM JANUARY 12, 1999 TO DECEMBER 31, 2000). S. DISCUSS TASK FORCE CONCERNING A PARK AND RECREATION DISTRICT • Administration Department 9. WASHINGTON COUNTY CONSOLIDA'T'ED COMMUNICATIONS ASSOCIATION (WCCCA) REPRESENTATIVE Administration Department 10. WASHINGTON SQUARE REGIONAL TASK FORCE Y Community Development Department 11. REVIEW OF BALLOT TITLE - CITIZENS FOR SAFE WATER INITIATIVE Two challenges to the Ballot Title for Citizens for Safe Water Initiative were filed with the City Recorder. When a challenge to an initiative ballot title is received, Tigard Municipal Code Section 1.12.030 provides that the City Council shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the city elections officer a title for the measure which meets the requirements of ORS 250.305 and 250.039. The review shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of the petition or conduct of the election at which the measure is to be submitted to the electors. ® Staff Report: Administration Department & Legal Counsel Council Review ® Council Certification of Ballot Title 12. COUNCIL LIAISON REPORTS COUNC&L AGENDA - JANUARY 12, 1999 - PAGE 3 13. NON-AGENDA ITEMS 14. AD30U LAMENT 1 AADM\CATH'ACCA1990112P. D OC COUNCIL AGENDA - JANUARY 12, 1999 - PAGE 4 TIGARD CITY COUNCIL Agenda Item No..a- Meeting of ° "'.~q MEETING MINUTES - JANUARY 12, 1999 • STUDY SESSION > Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheckla. > Staff Present: City Manager Bill Monahan; Finance Director Wayne Lowry; Asst. to the City Manager Liz Newton; City Recorder Catherine Wheatley; Public Works Director Ed Wegner; Legal Counsel Jim Coleman; Library Director Melinda Sisson; Administrative Risk Analyst Loreen Mills; City Attorney Jim Coleman; City Engineer Gus Duenas; and Deputy City Recorder Jessica Gomez. > The Council and Executive Staff participated in a photo session. > The City Recorder swore in Councilors Scheckla and Patton and Mayor Nicoli. > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 7:05 p.m. under the provisions of ORS 192.660 (1) (d), (e), (f) & (h) to discuss labor relations, real property transactions, correspondence exempt from public inspection, current and pending litigation issues. > Executive Session adjourned at 7:30 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 7:30 p.m. 1.2 Roll Call Councilors Hunt, Moore, Mayor Nicoli, Patton, and Scheckla were present. 1.4 Council Communications: None 1.5 Call to Council and Staff for Non-Agenda Items Mayor Nicoli asked the City Manager to put on the agenda for next week an issue relating to the reimbursement of legal fees for Rogers Machinery. Bill Monahan, City Manager, noted a request from Ed Wegner, Public Works Director, to advise the Council on public information on the water issue. 2. OATH OF OFFICE ('T'erms of Office: January 1, 1999 to December 31, 2002) CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 1 The Municipal Court Judge administered the Oath of Office to Mayor Nicoli, and to Councilors Ken Scheckla and Joyce Patton. 3. SPECIAL RECOGNITION - BOB ROHL]F Mayor Nicoli thanked Councilor Bob Rohlf for his years of service on the Council and other committees in dealing with difficult issues. He presented him with a Distinguished Service Certificate and other gifts. 4. VISITOR'S AGENDA Eric Hand, Public Works Department, reviewed the projects completed by Eagle Scouts Seth Davenport and Dale Miller. He showed slides of Mr. Miller's project to clear out the overgrown water detention pond at SW 108'h and SW Titan, replant it with native vegetation, and install bat boxes for natural insect control. He explained that Mr. Davenport coordinated 26-plus volunteers to fill over 500 sandbags for emergency use, stored at the Canterbury site. He expressed the staff's pleasure in working with the Scouts in accomplishing projects for the City that might not otherwise get done. Mayor Nicoli presented a certificate and lapel pin to each Eagle Scout and thanked them on behalf of the Council for considering the City for their projects. o The Council heard Agenda Item No. 5, State of the City Address, at this time. Mayor Nicoli introduced Curtis Tigard, a member of the family for whom the City was named. Mark Mahon, 11310 SW 91" Court, recommended reading the editorial in the Tigard Times this week regarding the water issue, stating that it drained all the emotion out of the water issue. He spoke to the importance of making the decision on Tigard's water source based on facts interpreted through discussion rather than on emotion. He argued that this complicated issue needed a complete and impartial study of the facts so that the decision could be based upon the scientific, engineering, and economic facts. Mr. Mahon contended that the group, "Citizens for Safe Water," based their appeal upon emotion and worked to distort and present partial information to scare and intimidate the citizens of Tigard. He asked where were their facts to support their position on the safety of the water. He argued that this group was more afraid of their fellow citizens and the processes of a representative government than even of the Willamette River. He stated that this group appeared to be a small, but vocal group, that has already decided what they believe is best for the citizens of Tigard. Mr. Mahon noted the change to the City Charter proposed by the Citizens for Safe Water, saying that it targeted a single purpose on a single issue and, in the process, reduced the City's bargaining power with the City of Portland on one of the options. He observed that they were working against their own proposal. He stated that, of the people he has talked to, 97% wanted the Council to make a decision based upon the facts, not emotion, and 85% said that they did not know enough about the issue to make a decision themselves at this time. 98% believed that Tigard needed a permanent supply of water. CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 2 Mr. Mahon expressed his discomfort with the term "City officials." He said that it was important for the citizens of Tigard to know that these "City officials" were people who would have to live with the decision they made, just like anyone else in the community. Mr. Mahon asked the Council to do the job they were elected to do. He asked them to keep in mind, as the evening proceeded, that the outcome of the process was not known, and that the City Charter should be a framework for a government, not a document dictating individual policies. He asked the Council to stay the course. o The Council heard Agenda Item No. 7, Election of Council President, at this time. (See Item No. 7 below.) 5. STATE OF THE CITY ADDRESS Mayor Nicoli presented his State of the City Address. He discussed the annual goals set by the Council at their December meeting. He mentioned that this year the City would pay off the 10- year road bonds used to complete a variety of road improvement projects several years ago. One of the top three priorities this year was to address the transportation issues and to upgrade City streets. The Council decided to institute the same process used 10 years ago to successfully pass the road bond. They would establish a task force to identify appropriate projects for a new road bond (a two-year process). Mayor Nicoli said that another'top priority was water. He noted that for the past 30 years, Tigard and its partners have had no permanent source of water; they bought surplus water from the surrounding jurisdictions. He said that the City now knew that in approximately 4 to 10 years, the excess water would disappear and Tigard would have mandatory shortages. He mentioned that the Council has worked hard on this issue for the past four years, and staff was now evaluating the two options available to Tigard. He said that Council hoped to make a decision on the matter in three or four months. Mayor Nicoli stated that the Council would appoint an advisory Task Force with both business and residential representatives supporting one option or the other to study the long-term water issue in detail. He referred the Council's in-depth study over the past four years of the issues involved. He explained that the issue was not as simple as just stating "we prefer to drink Bull Run water" or "we prefer to drink Willamette River water." Mayor Nicoli said that another top priority was the request by a non-profit group that the City look into the possibility of forming a recreational district and participate on a task force to study its feasibility for Tigard. He mentioned that the group proposed forming a stand-alone taxing district, similar to Tualatin Hills Parks & Recreation District. He pointed out that the City no longer had sufficient recreational facilities for youth or adult sports, and they needed to make some decisions about how to address this situation. Mayor Nicoli said that the Council would appoint Council members to that Task Force which would make a recommendation to the Council. If the Council saw fit, then they would make a recommendation to the County Board of Commissioners who had the authority to establish the district. He noted the group's intention to propose a charter for the district and take it to a vote in two years. He commented that he saw this direction as .a plus for the City. Mayor Nicoli described another goal of developing a policy on handling island annexations. He CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 3 reviewed the past history of the delays and obstacles blocking the City's attempt to resolve this issue. He Coi111iicritcd that, with the d,scortiruation of the Boundary Commission and the settling of several ballot measures, the Council intended to look at the Walnut Island within the next two years and make the tough decisions necessary to deal with it. Mayor'Nicoli mentioned the desire of citizens for a better-defined downtown core to serve as a focal point for the City. Ile said that Council would work with a group of business and property owners, formed at Council's request, to develop a long-term plan for the downtown core. Mayor Nicoli pointed out that the Parks Master Plan was nearly completed, after years of work by staff, citizens and consultants. He said that it would come to Council for review and final adoption following Planning Commission review. Mayor Nicoli thanked the employees of the City of Tigard for the effort and work they gave to the City. He observed that the Council gave them more work than they could get done in an eight-hour day. He emphasized the Council's appreciation for the excellent work done by the City staff. Mayor Nicoli thanked the volunteers who gave their time to the City, either through the Library volunteer program or the City Departments' volunteer program, noting that they accomplished many things for the City that normally would not get addressed. Mayor Nicoli challenged the Council, as they began the last year of this millennium, to look forward to the year 2000 and to set up a task force to look at doing something special to recognize the new millennium. Mayor Nicoli thanked the Councilors for their good work over the past year. He mentioned the cooperation of each Councilor as a member of a team dealing with the difficult issues that came before them. He asked them to continue in their efforts and commitment to the city. 6. EXECUTIVE SUMMARY Mr. Monahan presented his Executive Summary of the past year (See attached). He reviewed the accomplishments of the City departments, noting the achievements of the volunteer program also. On behalf of the City staff and himself, he thanked the community and the Council for their support. The Council heard Agenda Item No. 4, Visitors Comment, at this time. 7. ELECTION OF COUNCIL PRESIDENT (TO SERVE FROM JANUARY 12,1999 TO DECEMBER 31, 2000) Councilor Hunt announced that he did not wish to be a candidate for the Council President position. The Council voted by ballot. Catherine Wheatley, City Recorder, announced that Councilor Brian Moore was the new Council President. 8. DISCUSS TASK FORCE CONCERNING A PARK AND RECREATION DISTRICT Mr. Monahan mentioned Atfalati's presentation to the Council in October on creating a recreation district. He noted that the Council had indicated an interest in participating on a task force and in who would serve on it from the community. He referenced a January 4 memo from Dave Nicoli asking for Council approval of the task force members as submitted. He explained that the Council needed to decide whether it wanted to create a City-sponsored task force or CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 4 simply participate in an Atfalati task force. In addition, the Council needed to decide whether to name one or two Councilors. Mr. Monahan said that Mr. Nicoli recommended that the Council appoint one Councilor as well as Public Works Director Ed Wegner who, in the past, has been involved in league activities and maintenance issues. He noted that Mr. Nicoli also asked the Council to approve a $15,000 contribution to participate in the funding for consultant services to assist the task force. Mr. Monahan commented that if other jurisdictions, such as Tualatin or Sherwood, wanted to participate, he thought that they would create their own task force through Atfalati, and that the individual task force representatives would then interact. Mayor Nicoli reported on his conversation with Dave Nicoli on this matter. He said that Mr. Nicoli would like the Council to let this be a stand-alone group, with City representatives appointed to the task force. He stated that Mr. Nicoli was also asking the City to administer the $15,000 and the matching County funds in contracting with a consultant. Mayor Nicoli suggested that the Council decide tonight whether or not it wanted to appoint a Councilor to the Task Force. However, he said it might be best to wait until next week to decide on which specific Councilor would serve during the overall discussion on Council appointments to the various boards and committees. Councilor Scheckla asked if the other jurisdictions could contribute to the $15,000 if they chose to participate. Mayor Nicoli explained that the $15,000 covered Tigard's portion of the study. If the other jurisdictions wanted to participate, they would have to contribute additional funds to fund their portions of the study. Councilor Scheckla mentioned the candidates who were not appointed to the Planning Commission and Budget Committee. He suggested asking if any of them were interested in participating on this task force. Mayor Nicoli commented that he thought that Atfalati would be open to any additional people suggested by the City. He pointed out that Atfalati's request was for direct representation from the staff and/or Council to represent the City's position. He noted that these would all be public meetings that anyone could attend. Councilor Hunt pointed out that Mr. Nicoli's letter did not speak to the task force studying the feasibility of forming a parks and recreation district but rather stated that they would form one. He stated that he had understood that the $15,000 was to go toward a feasibility study. He indicated that he wanted that changed before he would vote to approve the funding. Mayor Nicoli explained that this group did not have the authority to form a district; the County had final control and then the voters. He stated that this would be a feasibility study to help the group make a recommendation to the Council who would in turn make a recommendation to the County. Mr. Monahan described how staff could clarify that issue through a letter to Atfalati explaining the Council's action. Councilor Hunt stated that he was concerned that the people serving on the task force understand that they were investigating whether or not to form a district, and that they were not actually forming the district. Mr. Monahan said that they could hope that that was explained to CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 5 them when they made their commitment. He suggested that the City representatives clarify the Council's reasons for participating and contributing $15,000. Mayor Nicoli mentioned that Atfalati learned through its study of the legal procedures that it did not have the right to form a district on its own. Councilor Hunt stated that he was reluctant to vote on the list without knowing who represented what interest and what their qualifications were. Mayor Nicoli said that he did not anticipate voting on the list at all, as Atfalati was simply asking for names. Councilor Moore recommended that the task force be an Atfalati task force, not a City task force, and that the City appoint a City representative. Councilor Hunt expressed concern at asking Mr. Wegner to add yet another task to his workload unless he wanted to do this. Mr. Monahan suggested appointing a representative from the Public Works Department, either Mr. Wegner or his designee. Ed Wegner, Public Works Director, reviewed the procedure used by Atfalati to develop the list of names. He explained that a group of seven people, including himself and Dave Nicoli, met to identify the various interest groups and geographic areas in the city that might be interested in working on this task force, and to develop this list with 40 names. He said that they held two separate meetings at City Hall and invited all 40 candidates. It was explained that the task force was to study the options on whether or not to form a parks and recreation district. He mentioned that almost all of the 40 attended one of the two meetings. He said that he could explain who represented what interest. Councilor Scheckla said that he did not have a problem with the list but he wanted to add more names, mentioning an individual who had run a parks and recreation district in another state. Mr. Wegner said that there was no set number for the candidate list but they were thinking of 20 people for the task force. He said that he was sure that the committee would want someone with that kind of expertise on the task force. Motion by Councilor Moore, seconded by Councilor Patton, to form an Atfalati Task Force (this is not a City of Tigard Task Force), to have a Councilor and a Public Works representative serve on the Task Force, and to approve the $15,000 expenditure for the study. Motion passed by a unanimous voice vote of the Council present (Councilors Hunt, Moore, Mayor Nicoli, Patton, and Scheckla voting "yes.") 9. WASHINGTON COUNTY CONSOLIDATED COMMUNICATIONS ASSOCIATION (WCCCA) REPRESENTATIVE Councilor Moore suggested discussing agenda items 9 and 10 when the Council discussed the Council appointments to the various task forces. Mr. Monahan explained that they needed to select representatives to the WCCCA because their first meeting of the year was Thursday, January 21. He explained that, in the past, a Councilor has served as the primary representative and he has served as the secondary representative. Mr. Monahan briefed the Council on how this organization worked (per former Councilor Rohlf's description). He said that the regular Board of Directors met quarterly (composed of representatives from each of the participating agencies) while the Executive Board met monthly. CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 6 He explained that at the January 21 meeting, the Board would decide who would serve on the Executive Board. He commented that the Council needed to decide whether or not the primary representative should vie for a position on the Executive Board. Mr. Monahan explained that the reason why this was important was because of the critical issue of upgrading capital facilities for communication purposes. Last year, the WCCCA membership did not approve going out for a bond but this year they would look at it again. He said that the Board discussed appointing a subcommittee with representatives from Beaverton, Hillsboro, Tigard, and others to do a Phase 2 analysis. He said that he could serve as either the primary or secondary representative with a Councilor as the other representative. He recommended trying for a position on the Executive Board and getting involved in the Phase 2 analysis. The Council discussed the matter. They agreed to appoint a primary representative at this meeting and discuss the secondary representative when they discussed the other task forces. Motion by Councilor Hunt, seconded by Councilor Scheckla, to appoint Bill Monahan, City Manager, as the primary representative to WCCCA. Motion passed by a unanimous voice vote of the Council present (Councilors Hunt, Moore, Mayor Nicoli, Patton, and Scheckla voting "yes.") Councilor Moore asked about the WCCCA Budget Committee. Mr. Monahan explained that there was an opportunity for Tigard to appoint a citizen representative to this Committee, although they have not had one for the last few years. He said that Bob Rohlf has indicated an interest in serving as the citizen representative, if the Council wanted to appoint one. Motion by Councilor Moore, seconded by Councilor Patton, to ask Bob Rohlf to fill the position on the WCCCA Budget Committee. Motion passed by a unanimous voice vote of the Council present (Councilors Hunt, Moore, Mayor Nicoli, Patton, and Scheckla voting "yes.") 10. WASHINGTON SQUARE REGIONAL TASK FORCE The Council agreed to postpone this discussion to their meeting next week. Councilor Moore asked if Bob Rohlf intended to continue his involvement in the Task Force. Mr. Monahan said that the Council needed to decide whether the Council representative was a Councilor or a non- Council member who represented the Council. He mentioned that Mr. Rohlf could also attend the meetings as a citizen and give input. Councilor Moore expressed concern at a new representative having a full comprehension of what has been going on. Councilor Scheckla supported a Councilor as the Council representative. Mayor Nicoli asked Mr. Rohlf how close the Task Force was to completing its work. Mr. Rohlf said that, according to the consultants, they should finish in six months on schedule. He stated that he would still be interested in attending the meetings (and willing to advise the Council rej resentative) but he did think that a Councilor should represent the City's interests. CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 7 11. REVIEW OF BALLOT TITLE - CITIZENS FOR SAFE WATER INITIATIVE Two challenges to the Ballot Title for Citizens for Safe Water Initiative were filed with the City Recorder. When a challenge to an initiative ballot title is received, Tigard Municipal Code Section 1.12.030 provides that the City Council shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the city elections officer a title for the measure which meets the requirements of ORS 250.305 and 250.039. The review shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of the petition or conduct of the election at which the measure is to be submitted to the electors. Mayor Nicoli reviewed the limitations on the discussion this evening. He said that there would be no discussion on the Constitutional issues, as they had no relevancy to the Council's decision which must be made in accordance with the City's ordinances. He emphasized that the issue tonight was simply the challenge to the ballot title. He proposed hearing from only the two challengers, Mr. Scheiderich and Mr. Hansen. He said that he would allow another member of the Intergovernmental Water Board to present Mr. Scheiderich's position. STAFF REPORT Jim Coleman, City Attorney, explained that the City's Code provided the opportunity for people, when an initiative petition was filed, to challenge before the City Council a ballot title prepared by the City Attorney's office. He said that the Code was specific and mirrored State law in focusing the proceedings on whether or not the ballot title complied with the requirements of ORS 250.035. He referenced his memo dated January 5, 1999, which described the process and the statutory requirements. Mr. Coleman reviewed the statutory requirements for the ballot question, title and summary. Mr. Coleman stated that his memo responded to the issues raised by Mr. Scheiderich in his challenge. He explained that Mr. Hansen's challenge came "at the last minute" and was a means for Mr. Hansen to guarantee a right to party status in the proceedings. He emphasized staying focused on the issue of whether or not the ballot title complied with the requirements of State law. Bev Fronde, Tigard Water District Board and Intergovernmental Water Board, representing Mr. Scheiderich, asked to add some words to the amended ballot title: "Tigard now utilizes water rights in three wells but obtains most of its drinking water under contracts with other providers using other sources." ® Jim Hansen, Citizens for Safe Water, distributed a memo to the Council from his attorney summarizing their legal arguments. The memo from Mr. Hansen's attorney was submitted to the City Recorder to be made part of the record. Mr. Hansen suggested that Mr. Scheiderich's comments, as presented by Ms. Froude, not be allowed, as they were not submitted by the December 30 deadline. Mayor Nicoli asked Mr. Coleman if the document presented by Mr. Hansen should be considered, as it was presented to Council after the appeal period. He asked if the document raised any new issues, and if Mr. Coleman needed time to review the letter. Mr. Coleman asked for a ten-minute recess to read the letter and decide whether or not he needed more time to research the issues. CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 8 ® Mayor Nicoli recessed the meeting at 9:20 p.m. for a break. e Mayor Nicoli reconvened the meeting at 9:29 p.m. Mr. Coleman reviewed the January 12 memo from Mr. Meek to Mr. Hansen. He said that the first three paragraphs of the seven paragraphs were very similar to the points he covered in his January 5 memo but that the last four paragraphs dealt with the Constitutional issues that were not under discussion tonight. Mr. Hansen noted that the City Attorney's memo did address the Constitutionality issue. Mr. Hansen reviewed the process of the initiative he filed on behalf of the Citizens for Safe Water. He stated that he agreed with the changes that the City Attorney made to the caption and the question but he challenged the addition of the sentence in the summary "The measure prevents the use of Willamette River water as a secondary or emergency source of drinking water, if prior voter approval has not been received." He argued that this sentence simply confused the issue, as it was obvious that the statement that the City would not use Willamette River as a drinking water source at all included that it could not be used as a secondary or emergency source. Mr. Hansen read from the City Attorney's January 5 memo regarding the Oregon Supreme Court's refusal to speculate on the impact of a measure when the title was in substantial compliance with the law. He held that the motive for adding the final sentence was political or to scare citizens signing the petition. He said that the City would have the same emergency water sources it had now, if the ballot measure passed. Mr. Hansen mentioned that the Tigard City Attorney has reviewed the ballot title and found it in compliance with State law. Mr. Hansen addressed Mr. Scheiderich's comments (see December 30, 1998 letter). He held that it was not clear why the ballot title needed to mention "the city's contractual obligations with other cities and the Tigard Water District to jointly plan for and agree on capital improvements for a common source of water supply." He said that those contracts included termination provisions. Mr. Hansen asserted that there was nothing in "the intergovernmental agreement between Tigard and the Tigard Water District obligating Tigard to use Willamette River water or to defer to water supply choices made by other governments entities." He held that the language about capital improvements was vague and allowed Tigard to withhold consent to the plans of others by asserting that doing so was in the best interests of the water customers within the original district and consistent with the goal of working together to provide all the residents and property owners in the district with a clean, economical water supply. Mr. Hansen argued that the ballot title was not insufficient in that "it omitted any mention of the City's existing contractual obligation to purchase water from Portland and Tualatin Valley Water District (TVWD)." He referenced the City Attorney's memo indicating that the water supply contracts had termination clauses. He said that the asserted existing contractual obligations were not inconsistent with the Drinking Water Choice Act. He spoke against wasting any of the few words allowed for the ballot title on identifying contracts that were not inconsistent with the proposed measure. Mr. Hansen disagreed that "the ballot title was unfair in that it misled Tigard voters to believe CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 9 that they would be entitled to approve a source of water for the City of Tigard, when in fact, by prior contractual agreement, the City has agreed to make that choice onl) as a joint exercise with certain other cities and with the Tigard Water District." He stated that their legal staff saw nothing in any contract that prevented Tigard from choosing its future water supply source. He held that even if such an obligation existed, the Tigard voters were entitled to enact legislative measures, even such measures as caused the City to breach existing contracts. He said that the City's contracting partners could then pursue the ordinary legal remedies for breach of contract. Mr. Hansen disagreed that the ballot title "also misled Tigard voters to believe that Tigard could unilaterally change the terms of its water supply contracts with the City of Portland and TVWD." He held that the ballot title stated nothing that could reasonably lead a Tigard voter to so believe. He reiterated that the contracts were not inconsistent with the Drinking Water Choice Act and had termination clauses that could be timely exercised. Mr. Hansen asked if Mr. Coleman included the legislative versus administrative issue and the impairment contract issue in the Constitutional issues. Mr. Coleman said yes. Mr. Hansen stated that the proposed Drinking Water Choice Act laid down the rule of conduct or course of policy for the guidance of the Tigard city officers. He reiterated that the City Elections Officer and the City Attorney have approved the ballot title in its present form. Mr. Hansen addressed the issue of the advisory vote. He said that the Council had no legal authority to withhold from certification of a ballot title on that basis. He held that none of Mr. Scheiderich's arguments had any merit and were only a frivolous attempt to slow down the initiative process and prevent the citizens from having a say as to their drinking water source. He stated that the only reason any one would want to stop their initiative would be because they were trying to do something that the majority of the people did not want. Mr. Hansen argued that the City Attorney's suggested added text for the summary was speculation, citing the Supreme Court ruling. He stated that the ballot title should be approved as submitted by the City Attorney, except for the deletion of the last sentence in the summary. He asked that the record be left open for 10 days to allow responses to the Council's action. Mayor Nicoli mentioned to Mr. Scheiderich the ground rule that the issues of Constitutionality were not to be discussed this evening. Bill Scheiderich stated that although he has served on the Intergovernmental Water Board (IWB) for five years and was currently the chair, he made the challenge as a Tigard voter. He stated that he did not consider the time that he has spent on the Board as frivolous. He noted that much of the IWB's discussions centered on the fact that the only water source that Tigard owned was four wells, only, three of which were operating. These provided a minuscule amount of the water demanded by the City, and therefore, the City relied upon wholesale water purchases from other providers, such as the City of Portland. He mentioned that while Portland generally used Bull Run water, they also used the South Shore wellfields, and therefore their supply was not the "pure" supply that proponents of the Bull Run water said it was. Mr. Scheiderich stated that Tigard relied on its contracts with the TVWD to purchase up to 6 mgd of Tigard's demand. He pointed out that the contract did not limit TVWD's source for the water that it sent to Tigard. He noted that TVWD currently used the Trask River and Bull Run as its water sources but has expressed interest in the Willamette River as an additional supply source. CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 10 Mr. Scheiderich stated that nothing in the contract limited TVWD's option of choosing Willamette River water as a source for the water it supplied to Tigard. He argued that without those sources, Tigard would not have the means to supply drinking water demands, winter or summer. He contended that Tigard either had to find ownership rights and a source of water or remain dependent upon wholesale contracts. Mr. Scheiderich pointed out that the water sold by these other water districts was "surplus" water, the water available after its own residents' needs were met. He contended that if surplus water became unavailable, then Tigard would be left without a source of water. He stated that he philosophically disagreed with limiting Tigard's choices regarding its water supply source. Mr. Coleman reminded Mr. Scheiderich to stay focused on why the ballot title did or di' not comply with the requirements of the statute. Mr. Coleman noted that since Mr. Scheiderich arrived later in the meeting, Mr. Scheiderich might have missed the instructions at the beginning of the hearing about parameters of testimony. Mr. Scheiderich said that his point was that the 175 words were not much to explain the effects of the measure. He argued that, according to the statute, the summary did have to state an effect; it could not say nothing simply because the Oregon Supreme Court refused to speculate on the effects. He mentioned the 500-word neutral explanatory statement written for the voters pamphlet, and the possibility of Tigard allowing a citizen forum in the City newsletter to debate the issue, noting that the City could not spend money to advocate for a measure. Mr. Scheiderich explained that he was giving this background information regarding Tigard's need for a definite source of water because it was what drove the IWB's discussions for years and because Tigard has spent considerable public money to investigate these other sources. He contended that the ballot title, as written by the City Attorney, said nothing about that process or about the fact that Tigard did have contracts or that the termination clauses were not immediate. He argued that the measure would certainly have an effect on those contracts and Tigard's intergovernmental agreement with its partner jurisdictions. Mr. Scheiderich argued that to put a measure on the ballot that gave Tigard citizens the impression that they themselves could decide whether or not the Willamette was an appropriate drinking source ignored the IGA and contracts and the fact that Tigard presently did not own its own source of water. He contended that to limit the choice of source to purchase rights was not good business. He stated that without this information in the ballot title, the voters would not have the information necessary to make an intelligent decision. Councilor Moore asked Mr. Coleman for clarification on what the Council was to do in response to Mr. Hansen's challenge of the ballot summary. Mr. Coleman said that the challenge process was designed to allow people from various perspectives to examine a ballot title and raise issues with regard to whether or not it complied with State law. He stated that it was not the Council's job to rule for or against a challenge but to determine whether or not the title met the requirements under the Tigard Code. He mentioned that the Council could certify the ballot title as written or change it or write its own version. CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 11 Councilor Hunt asked what the purpose of the last sentence was. Mr. Coleman explained that the last sentence in the summary (stating that passage of this measure would prohibit the City from using the Willamette River as a source of drinking water for secondary and emergency purposes) was in there because that was a real and critical effect of the measure. He said that he felt that it was important for the citizens to clearly understand this. Councilor Scheckla asked if perhaps, Mr. Coleman was overselling his point. Mr. Coleman said that was for the Council to decide. Councilor Moore suggested deleting the last sentence and modifying the second line in the summary to read "primary, secondary or emergency source." He agreed with the importance of clarifying to the voters that this was an absolute prohibition against using the Willamette River as a source of drinking water for Tigard. Councilor Patton concurred with Councilor Moore's suggestion. She read the City Attorney's suggested language with respect to the existing agreements. She stated that she believed this was an important clarification of the ballot title because, even if they did not know what the specific effects might be, the fact was that passage of the measure would have a significant impact on their contractual agreements with other jurisdictions. Mayor Nicoli said that he supported both suggestions. Councilor Hunt asked what Mr. Hansen's changes to these suggested changes were, noting that Mr. Hansen's opinion did not bind the Council. Councilor Moore asked if the additional language in the summary would put them over the word limit. Mr. Coleman said no. Councilor Moore suggested substituting the phrase "may impact" for "will impact." Mr. Coleman stated that he was convinced that the measure would definitely impact the contracts, including the agreement with the IWB. Mr. Hansen asked to delete the last sentence of the City Attorney's suggested additional language regarding the contracts: "The consequence of exercising the rights to terminate are unknown at this time." Mr. Coleman said that it was up to Council whether or not to include the line that Mr. Hansen requested be deleted. He said that it was a statement of the obvious, intended to clarify for the voters that they did not know what the consequences would be. Councilor Hunt supported leaving it out. Councilor Patton stated that she felt the first sentences were strong enough to support its deletion. The Council discussed Mr. Hansen's request to leave the record open for 10 days. Mr. Coleman reviewed the Council's options. Mayor Nicoli suggested leaving the record open five days for responses to the Council's decision, allowing the City Attorney a few days to review any responses, and handling the matter in two weeks at their Council meeting. With the resolution of the language questions, Mr. Hansen asked to finish this matter tonight. CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 12 Motion by Councilor Patton, seconded by Councilor Hunt, to amend the summary to delete as currently written, the last sentence which reads "The measure prevents the use of Willamette River water as a secondary or emergency source of drinking water if prior voter approval has not been received" and instead to insert the words in the first sentence which will change the first sentence to read "This measure will add a new Section 51 to the City Charter that will prevent the City from using any water from the Willamette River as a primary, secondary or emergency drinking water source for its citizens" and then the remainder of that sentence remains the same; and in addition, that we add an additional two sentences to the summary which state "This measure will impact existing agreements relating to water supply between the City and other jurisdictions. Each agreement contains a termination provision that will allow the City to end the relationship if necessary." Motion passed by a unanimous voice vote of the Council present (Councilors Hunt, Moore, Mayor Nicoli, Patton, and Scheckla voting "yes.") 12. COUNCIL LIAISON REPORTS: None. 13. NON AGENDA ITEMS 13.1 Announcements Ed Wegner, Public Works Director, reminded the Council that both the City of Portland and the WWSA engineers were making presentations of their proposals to the Intergovernmental Water Board tomorrow night at 7 p.m. in the Water Building. He stated that staff invited the City Councils of Tigard, King City and Durham and the Tigard Water District Board to hear the presentations. He mentioned another opportunity to hear the Portland and WWSA proposals at the Wilsonville City Council on January 21. Mr. Wegner announced that at the January 26 Council meeting, he and Mr. Lowry would present a preliminary report discussing a comparison of the two options against the three primary criteria of tap water quality, certainty of supply, and cost of service/estimated cost of project. Mr. Wegner noted the two public open house forums scheduled for Thursday, February 28, from 2 p.m. to 4 p.m. and on a Wednesday evening from 7 p.m. to 9 p.m. He said that they would use the same process they used for the open houses held this summer. He announced the dates for the public tours of the Joint Water Commission, February 20 and 27 from 9 a.m. to 1 p.m. He said that they have scheduled an elected officials tour of the City of Corvallis treatment plant on the Willamette River for March 6. Mr. Wegner presented a list staff developed at the Mayor's request of prospective members for a water advisory committee to look at the two proposals in detail. He said that he did n,)t think that the Council wanted all these people but they were names that fit the criteria, and the Council could pick and choose. Mr. Monahan emphasized that this was a preliminary list to get the Council thinking about whom should be on the committee. Mayor Nicoli said that they would discuss this at their meeting next week. CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 13 14. ADJOURNMENT: 10:14 p.m. Attest: r, City of Tigar Date: Catherine Wheatley, City Recorder CITY COUNCIL MEETING MINUTES - JANUARY 12, 1999 - PAGE 14 I ~~z14~ Executive Summary - Year In Review 1998 was a very eventful year for the City of Tigard. It was the first full year where the City operated under the revised Oregon property tax system, brought on by Measures 47 and 50. It was a year where the entire composition of the City's Department Heads and other Executive Staff members remained constant; that is, no new hires were necessary. It was also our first full year under the City visioning document (Tigard Beyond Tomorrow) which was adopted in 1998. Now, all Council actions are compared to the visioning document for consistency. During the year we also experienced major changes ire our citizen involvement and volunteer programs. Both of these programs are important efforts to involve a greater number of our citizens in the goverr:..L. - of the community. The Citizen Involvement Team program was revamped in February in an effort to more efficiently use City resources, while increasing the number of citizen participants. During the year, an average of over 30 citizens tools part. at the monthly CIT meetings discussing issues which they suggested. The volunteer program changed in a couple of ways. First, in fulfillment of a Council goal, a new City Volunteer Coordinator was hired in April. Susan Koepping came on board and greatly increased the use of volunteers in departments other than the Library. In fact, through the Executive Summary - Year In Review IA2199 - Page 1 end of November, 1993, almost 5,500 volunteer hours have been given by approximately 330 volunteers. These figures do not include Library volunteer hours. Volunteers are now used throughout all City departments as members of boards, commissions, committees, and task forces, as volunteers at special events, performing one-time services as well as performing ongoing services. Some examples of volunteer activities by departments have been the following: within City Administration, volunteers have assisted in the Citizen Involvement Team program, the Holiday Tree Lighting decorating, and technical assistance for our network. Community Development has benefited by having volunteers involved in the Planning Commission, the Affordable Housing Task Force, the Buildings Appeal Board, as well as organization of the Planning Library. In Engineering, volunteers have provided technical support systems and assisted our survey team. The Finance Department has used volunteers in Court, Records, and Utility Building. The Police Department continues to benefit from the long-standing contribution of volunteers as Reserve Officers. In addition, they have had volunteers in the Peer Court program, Citizen Park Patrol, SMART Trailer drivers, as well as DARE Camp mentors. Public Works has utilized volunteers at special events and scout projects, as well as Adopt-A-Path and Adopt-A-Street programs. Presently four paths in the City path system have been adopted by citizen groups, while six streets have been adopted. Executive Summary - Year In Review VIZ/99 - Page 2 Our Library has always relied on the contribution of citizen volunteers. During 1998 citizens volunteered hours equivalent to 6.5 full time positions. The Library is now undergoing a major change in the volunteer program, as Volunteer Coordinator Jean Lindsey recently retired after working tirelessly to develop our Library volunteer program. The program which she has left is a model for us to follow City-wide. We are presently recruiting a new Library Volunteer Coordinator. I would like to take an opportunity to acknowledge some of the achievements of our organization over the past year. I will start with the Library. Library ® The staff and volunteers completed an inventory of the entire Library collection, accounting for over 80,000 items. This inventory was necessary in preparation for conversion to the WILI Net, the new on- line computer system which is being installed. ® The programming for adults was expanded to include author and poet presentation, as well as staff book talks at three adult book nights. • Circulation increased over the previous year high by 11%. Adult participation continues to increase, as 255 adults took part in the fourth annual six-week adult reading program. Executive Summary - Year In Review 1/12/99 - Page 3 • A homework center has been opened for three afternoons each week to assist middle school age children with their school assignments. Volunteer tutors now staff this program. Finance • The Finance Department updated the City's financial plan in anticipation of the 1999-2000 budget process. This updated financial plan has taken into consideration changes in population growth. • The final assessment for the Dartmouth LID was approved by Council in May, 1998. The Finance Department has handled the process to refinance the interim funding of this LID for several years. • The department has completed conversion to a new utility software. New billing will be introduced this month, with a redesigned utility bill to more clearly break out the amounts charged for various utility services. • The business tax program was reviewed, with a large number of businesses located within the community added to the database. We expect to make further changes to the program during 1999. • The Finance Department now accepts credit cards for payment of City bills at the Water Building and at the Court counter. This has resulted in further convenience for the public. - Engineerin Executive Summary - Year In Review I/IW99 - Page 4 The department completed several capital improvements within the year, including: a 1998 pavement major maintenance program cut into the backlog of $1.5 million of corrective and preventive maintenance needs on paved streets in the City. Each year it is estimated that an additional $200,000 in pavement upgrade requirements are added to the backlog as the overall street network ages and deteriorates. In fiscal year 1997/98, $300,000 was spent on pavement upgrade projects. Approximately $500,000 was allocated in the present fiscal year. Half of the budgeted amount has been expended, with the remaining to be completed in the next six months. - Our speed hump program resulted in the installation of speed humps on six minor collector and residential streets. During the year the residents of one street were the first to take advantage of the 50% cost sharing program made available through our Capital Improvement Program. - Bonita Road improvement included relocation of the existing electrical conduits from above ground to underground and replacement of the rubberized railroad crossing with concrete material. In addition, a new crossing signal system was installed. The Bonita Road project should be completed in 1999, with the widening of the street to full width. - The 91St Avenue was widened to local street standards, with the construction of curb, sidewalk, water, and storm drainage. This project was part of the Community Development Block Grant Executive Summary - Year In Review IA2199 - Page 5 program and has enhanced the efforts of Community Partners for Affordable Housing. - The Greenburg Road#fighway 217 overcross widening was completed through a joint effort between Washington County and the City. The project resulted in improved traffic circulation on Greenburg Road in the Washington Square area. - Two projects were initiated: the Walnut Street/Tiedeman Avenue intersection realignment and the 69th Avenue LID. Both projects are being designed for construction in 1999. - Drainage projects resulted in improvements at the 110th and Park Street storm drainage and Pinebrook Street and View Terrace. Previously existing drainage problems and periodic flooding problems were alleviated through these projects. - The Engineering section also worked with Council to approve a maximum share of $8,000 as the cost for participants in the City's neighborhood sewer extension program. Here the City initiates and completes a sewer extension project and recoups the full cost of design and construction for those property owners who connect to the project. Only two homes were included in the project this year; however, the new cap on resident costs should result in additional projects in. the coming years. A project which could benefit nine homes on 106th Avenue and Johnson Street is under design. Executive Summary - Year In Review 1/12199 - Page 6 - Near the intersection of Tigard and Main Street, a City parking lot was developed, with 14 regular spaces and 1 disabled space to provide needed parking in the downtown area. Community Development • The Community Housing Task Force completed its work to create a housing code to apply to our existing rental housing stock. The draft code will be discussed by Council next week. • The department completed the Development Code rewrite which presents our development stanaaras In a 11LULC uACI-LliGiL%4JLy document. That document is now available in hard copy, as well as on the City's Website which can be accessed at any time. Also on the Website are a wide variety of interactive maps which allow viewers to zoom in to examine properties, plan designations, and other map features. Our GIS section is responsible for these informative resources. • The Washington Square Task Force was initiated so that future plans for Washington Square and the surrounding area can be developed. • The department provided service to the unincorporated urban services area for the entire year. This agreement with Washington County was beneficial to the City and the County. _ • During 1995 a total of 320 detached single-family homes were permitted, at a total valuation of $55 million. In addition, 57 attached single-family units were permitted, as well as 4 multi-family units. Executive Summary - Year In Review I/W/99 - Page 7 Commercial valuation totaled $40 million. In total, $103 million of total valuation was permitted. ® The Planning section approved 14 new subdivisions totaling 440 lots, compared to 9 subdivisions with 92 lots in 1997. ® Planning also approved 7 new office buildings ranging from size from 16,000 to 40,800 square feet. ® Stakeholders in the downtown area have met over the past year to organize a board, create a mission statement, and to identify key areas to focus their attention. The Tigard Central Business District Association has identified issues relating to organization, design, promotion, and economic restructuring. Community Development staff have been available to serve as resources throughout the process, but not to direct the effort. • Greenspaces purchases have been completed by the Planning staff, resulting in several acquisitions, including a portion of the Thomas Dairy property through an intergovernmental agreement with USA. Over the past years, the size of Cook Park has grown substantially through purchases and donations carried out by the department. A City-wide parks master plan effort is nearing completion. During the year, staff and consultants completed a draft parks system master plan which is now under review. The plan inventories facilities, evaluates facilities, and makes recommendations for future management, maintenance, and provision of services. Public Works Executive Summary - Year In Review 1/14/99 - Page 8 • Besides carrying nut normal maintenance functions, Public Works is involved in the following activities: they delivered a- full year of service within the urban services area of Washington County. Quality service in the areas of road, sign, and storm drainage maintenance was provided in this unincorporated area. coordinated bringing us closer to making a final decision on our long-term source of water. Public Works led the effort to frame the issues, causing the development of two alternatives for study. The department conducted countless negotiations and discussions with our potential suppliers, partners, and regional water users. - City crews built several traffic speed humps in an efficient and professional manner. - the 3.5 million gallon Menlor Water Reservoir was built at the cost of $3.3 million. The tank was filled, tested, and put into service in August. - the department provided special events support to the Balloon Festival, Train Days, and other City-wide events. - the Tree 2000 program was in full force. Through the end of 1998, Public Works planted 2,506 trees throughout the community. - a new pilot program to harvest weeds at Summerlake Park was carried out by Public Works and the program evaluated before Council makes a final decision on a permanent course of action. Executive 5u;.unary - Year In Review 1/12/99 - xabe 9 - Public Works coordinated the City's participation in a Fall emergency management exercise in cooperation with Tualatin Valley Fire and Rescue. the department coordinated a pilot recreation program involving a private vendor and our local school district. the City's efforts to promote water conservation were increased through the hiring of a Water Conservation Coordinator. Police Department • During the year, Police filled a number of positions, bringing the work force to the total positions authorized in the budget. • The addition of 3,000 square feet to the Police structure was completed. ® Plans are underway for remodeling of the original Police structure, including replacement of the original roof. This is the third in a series of roof replacement projects carried out on the 1996 City Hall complex. A couple of years ago, the roof over the City Hall was replaced, while in the past year the Library roof was replaced. ® The Peer Court program was carried out throughout the year, with an effort made to increase the number and type of offenses referred to the Court. - o A very successful GREAT and DARE summer program was completed by the department, utilizing several volunteers. • The department started an enhanced safety program for apartments, and now provides training for apartment managers. Executive Summary - Year In Review IA2199 - Page 10 a The department gang and narcotics team were fully activated. Overall, I am very pleased with the efforts of our departments to carry out their day-to-day activities and to respond to the growing needs of the community. We have a very competent and professional staff which is well trained and efficient in carrying out the responsibilities entrusted to them. I am very pleased that we have been able to further improve the connection of our staff and government officials with our citizens through the Visioning program, Citizen Involvement, and expansion of our Volunteer program: We continue to strive to improve the interaction of our citizens and staff. It is my belief that through these efforts we will better inform our citizens of what we are doing and assure that the City is providing the type and levels of service required by our citizens. I would like to invite citizens to provide us with feedback on the quality of information which we are making available to them, as well as the quality of service which we are providing. Monthly we prepare and mail the Cityscape newsletter to all residents of Tigard. The Cityscape reports on activities within the community, including the Citizen Involvement Team agenda for the coming month. Volunteer opportunities are highlighted, as well as programs available at the Library and throughout the City. In addition to the newsletter, we make efforts to distribute information on our activities through the local news media. During the past year, we Executive Summary - Year In Review 1/12/99 - Page 11 Y developed the City Website which can be found at http://www.ci.tigard.or.us. I invite citizens to access the Web Page which contains very useful information, such as -the Community Development Code, information on events held in the community, volunteer opportunities, job opportunities, and information on home occupations and room reservation opportunities. Today, over 17,000 visitors have accessed the site. On behalf of the City and myself, I want to thank the community and the City Council for their support during the past year. We all appreciate the magnitude of the challenges and responsibilities which have been entrusted to us, and we are committed to assuring that the resources made available to us are properly utilized. I expect that 1999 will be an exciting and busy, year for all of us. 1 AADM\BILL\EXECSUM99.DOC Executive Summary - Year In Review 1/12/99 - Page 12 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9295 BEAVERTON, OREGON 97075 Legal Notice Advertising *City of Tigard 0 ❑ Tearsheet Notice 13125 S11 Hall Blvd. Ti ga rd , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit OAccounts Payable ° AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss- I, Ka thy, Sn-clnr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTi Bard-Tualatin 'rimes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti cra rd in the aforesaid county and state; that the Ti card Ci-tv council lieeti _n_a 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: January 7.1-999 Subscribed and sworn to My Commission Expires: if ,Tanii~ry, 1999 nrrICIAL SEAL n; R081N A. BURGESS azizY for Oregon NOTARY PUBLIC-OREGON , t;C?M'rAISSION NO. 062071 EXPIRES MAY 16, 2001 AFFIDAVIT The following meeting, highlights are published for your information. Full agendas maybe obtained from the City Recorder, 13125 SW Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171. . TIGARD CITY COUP= AND LOC " L CON'T'RACT REVIEWVOMW !MEETING Juan. 1$'19-~-6s3i3MX`'` . sIlk .~..Y-.~._._._.._ TIGARD CM, .1 ALL TOWKbALL 13125 SW HALL 8©YTLRVVARDy,TIGAVA OREGON * Oath of Office Ceremony: Mayor Nicoli, Councilor Scheckla and Councilor Patton * State of the City Address - by Mayor Nicoli * Executive Summary - City Manager Monahan * Council President Election * Council Goals Discussion * Public Hearing - Specht Development Appeal * Council Consideration of Appeals to the Ballot Title for Citizens for Safe Water Initiative * Executive Session 779295 - Publish January 7. 1999. OATH OF OFFICE State of Oregon ) City of Tigard ) 1, James Nicoll, do solemnly swear that I will uphold and support the Constitution and laws of the United States of America and the State of Oregon and the Charter and ordinances of the City of Tigard. 1 will faithfully perform my duties to the best of my ability, in the office of Mayor to which 1 have been elected. ATTEST: Nicoll, Mayor City Recorder /J~gj~ to OATH OF OFFICE State of Oregon ) City of Tigard ) 1, Joyce Patton, do solemnly swear that 1 will uphold and support the Constitution and laws of the United States of America and the State of Oregon and the Charter and ordinances of the City of Tigard. 1 will faithfully perform my duties to the best of my ability, in the office of Coti=11or to which 1 have been elected. Ve~ltt~on, Councilor ATTEST: a ty Recorder ®a - 17 OATH OF OFFICE State of Oregon ) City of Tigard ) 1, Kea SchecA-1j, do solemnly swear that 1 will uphold and support the Constitution and laws of the United States of America and the State of Oregon and the Charter and ordinances of the City of Tigard. 1 will faithfully perform my duties to the best of my ability, in the office of Cow7c1/or to which 1 have been elected. P","i Ken Scheckla, Councilor ATTEST: ~av-~- /10 6069=9~ City Recorder qq D e AGENDA ITEM # FOR AGENDA OF 1-12-99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUB/AGENDA TITLE Election of Council President PREPARED BY: Cathy Wheatley DEPT HEAD OK __L4 CITY MGR OK ISSUE BEFORE THE COUNCIL Elect the Council President for the next two years (1999 and 2000) STAFF RECOMMENDATION Conduct Council President Election at the January 12, 1999 Council meeting by ballot. INFORMATION SUMMARY The Tigard City Charter states: At its first meeting of each odd-numbered year, the council by ballot shall choose a president from its membership. In the mayor's absence from a council meeting, the president shall perform the duties of the office of mayor and preside over it. Whenever the mayor is physically or mentally unable to perform the functions of office, the president shall act as the mayor pro tem. A ballot is attached. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A 1AAWCATHMOUNCILGSUMMARY SHEET - COUNCIL PRESDIENT.DOC OREGON Ballot Election of Tigard City Council President January 1999 to December 2000 Vote for One: Councilor Paul Hunt Councilor Brian Moore Councilor Joyce Patton Councilor Ken Scheckla Signature I: W DNPCATHYNCOUNCI L%BALCP RES. DOC I 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 B a1Lot Election of Tigard City Council President January 1999 to December 2000 Vote for One: Councilor Paul Hunt Councilor Brian Moore Councilor Joyce Patton Councilor Ken Scheckla Signature I-AADWCATFMCOUNCILIBALCPRESMOC 13125 SW Mail Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Ballot Election of Tigard City Council President January 1999 to December 2000 Vote for One: Councilor Paul Hunt Councilor Brian Moore--~~~ Councilor Joyce Patton Councilor Ken Scheckla --A) Signatu I:=m\cATI-MCOl NCILIBALCPRES.DOC I 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 MD (503) 684-2772 r Ballot Election of Tigard City Council President January 1999 to December 2000 Vote for One: Councilor Paul Hunt Councilor Brian Moore ✓ Councilor Joyce Patton Councilor Ken Scheckla C L re :%ADM%CATHIICOUNCIL\BALCPRES.DOC OREGON! 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639.44171 MD (503) 684-2772 Ballot Election of Tigard City Council President January 1999 to December 2000 Vote for One: Councilor Paul Hunt Councilor Brian Moore Councilor Joyce Patton Councilor Ken Scheckla I: W DM\CATHY\COUNCI L\BALCPRES.DOC 13125 SW Hall Blvd., Tlgard, OR 97223 (503) 639,4171 TDD (503) 684-2772 101 AGENDA ITEM # FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE 1~ 1/12/99 PREPARED BY: Bill Monahan DEPT HEAD OK CITY MGR OK Vr ISSUE BEFORE THE COUNCIL Should the City Council create a Park and Recreation District Task Force to study whether a Parks and Recreation District should be formed to serve Tigard citizenry? In the alternative, should the City submit names of City representatives to serve on a task force to be formed by a non-profit agency? Also, should the City expend up to $15,000 as its contribution to the activities of a task force? The minutes of the City Council meeting of October 20, 1998 where representatives of the Atfalati Recreation District met with Council indicate that the City Council was interested in working with the non-profit organization to explore the interest in forming a Parks and Recreation District. At that time, Council discussed keeping the Atfalati effort separate from the City; however, with City financial support. The Council agreed by consensus that they favored allocating $15,000 to the effort. David Nicoli, President of Atfalati Recreation District, submitted the attached letter requesting that the City approve the task force members as submitted. This letter was generated jointly by Mr. Nicoli and City staff. Council should determine whether the City wishes to create the task force as a City task force, or to require that the task force be created separate from the City of Tigard, with the City an active participant. STAFF RECOMMENDATION Staff recommends that the City Council consider the pros and cons of creating a City sponsored task force. If the task force is formed by the City, the City could accept contributions of funding to cover the total cost of $35,000 identified by Dave Nicoli as the cost estimate for consultant work to assist a task force. However, if the City is to form the task force as a City task force, it is expected there will be additional costs related to supporting the task force. INFORMATION $UMMARY Atfalati Recreation District has prepared a draft list of Tigard residents who have agreed to work on a task force to evaluate the interest in the community to form a Parks and Recreation District. The City is interested in having two representatives, one Council member, and Ed Wegner, City Public Works Director. The City Council also indicated at its October 29, 1998 Work Session that it is willing to contribute up to $15,000 to the work of the task force. Council needs to decide: Should the task force be formed by the City of Tigard? 2. What Council member should be designated as the City's representative on the task force? 3. Should Ed Wegner, City Public Works Director, be designated as a member of the task force? 4. Should the City expend up to $15,000 toward the activities of the task force to hire a consultant? OTHER ALTERNATIVES CONSIDERED Not participate in the task force. VISION TASK FORCE GOAL. AND ACTION COMMITTEE STRATEGY Goal No. 2, Strategy #2 - under Urban and Public Services - is to "create a task force regarding development of a park and recreation district." FISCAL NOTES The City contribution would be in the amount of $15,000. \\TI G333\ U S R\D E P TS\AD M\B I L L\P K S S U M. D O C. D OT ullublu!/ Ulf: 10 ac WUUJ N-Y O=N A r-ALATI RECREATION I , DISTRICT 0VV January 4, 193 Mayor Jim Nicoli Tigard City Council 13925 SW Hall Blvd Tigard. OR 97223 Subject: Recreational District Task Force Attached you will find a list of Tigard area'residents who have agreed to join our Task Force to form a parks and recreational district. 1, hereby, request the Tigard City Council to approve the following: 1 please approve the Task Force members as submitted 2 Please name one City Council person and Ed Wegner to be on our Task Force 3 please approve the expenditure of up to $15,OW to hire and retain a consultant to assist the Task Force. This money will need the approval of Ed Wegner and the City Manager 1 would like to take this time to thank Liz Newton, Ed Wegner, and the City staff for helping me compile this fist of Tigard area residerrts for the 'B'ask Farce. Thank you for your time and consideration. Sincerely: MAlatif ReCreati al District t ~ David Q_ Nicoli 1 President 19600 SiV CITOLE ROAD = TUALAUN, Op, 97o62 = 503 612,8200 PARK & REC TASK FORCE DRAFT LIST NAME ADDRESS HOME PHONE WORK PHONE Bob Rohlf 12430 SW Dakota 590-7654 Tigard, OR 97223 Ed Halberg 12630 SW Glacier Lilly Circle 524-8286 Tigard, OR 97223 Michael O'Loughlin 13414 SW Hillshire Drive 524-7158 246-8291 Tigard, OR 97223 Dan and Mary Gruss 14246 SW 133 Avenue 579-1935 684-1020 Tigard, OR 97224 Dave Nicoli 14180 SW 141 ` Avenue 590-0737 692-6080 Tigard, OR 97224 John Anderson 14468 SW Scarlett Place 590-5356 Tigard, OR 97224 Bruce Ellis 14396 SW Tewksbury Drive 590-4849 612-8208 Tigard, OR 97224 Valli Brunken 14950 SW Chardonnay Avenue 590-6162 Tigard, OR 97224 Wes Muir 13042 SW Timara Lane 684-8233 227-6000 Tigard, OR 97224 Pat Whiting 8122 SW Spruce 246-7172 Tigard, OR 97223 Mark and Susan Mahon 11310 SW 91 684-6102 244-2000 Tigard, OR 97223 Martha Bishop 10590 SW Cook Lane 639-1052 Tigard, OR 97223 Craig and Jackie Dirksen 9131 SW Hill Street 620-4829 Tigard, OR 97223 Jan Carlson 9747 SW Elrose Street 684-0556 Tigard, OR 97224 Ed Murphy 9875 SW Murdock Street 639-5361 Tigard, OR 97224 Phil Pasteris 8935 SW Pinebrook Street 639-9740 Tigard, OR 97224 Bob Gray 10730 SW Highland Drive 639-4069 692-4675 Tigard, OR 97224 Russ Blake 14825 SW 92 Avenue 639-9793 Tigard, OR 97224 Sue Kasson 16570 SW 93 620-9771 Tigard, OR 97224 Pat Furrer 10414 SW Bonanza Way 620-5750 620-4540 Tigard, OR 97224 Gordy Kribs 15085 SW Dawn Court 620-9471 Tigard, OR 97224 Liz Clark 7575 SW Vams 620-1066 Tigard, OR 97223 H:\kristie\parkrec.doc Ron Hudson Tigard School District 23J 684-2235 13137 SW Pacific Hwy Tigard, OR 97223 Torn Kurt Tigard School District 23J 684-2192 13137 SW Pacific Hwy Tigard, OR 97223 Rich Carlson 1500 SW 1 Avenue, Suite 1170 224-0871 Portland, OR 97201 Linton VonBeroldingen 15720 SW Serena Court 620-4245 Tigard, OR 97224 HAkristic\parkrec.doc AGENDA ITEM # FOR AGENDA OF January 12, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washington County Consolidated Communications Assocation (WCCCA) Representative PREPARED BY: Bill Monahan DEPT HEAD OK 1/VMIV 1_ ,CITy1MGR OK ISSUE BEFORE THE COUNCIL The City is entitled to have one primary and one secondary representative on the WCCCA Board of Directors. STAFF RECOMMENDATION Bill Monahan has served as Tigard's secondary representative to WCCCA. The primary representative for the past several years was Councilor Bob Rohlf. Staff recommends that Bill Monahan be appointed as the primary representative, with a secondary representative from the City Council. INFORMATION SUMMARY Attached is a memo dated December 22, 1998 explaining the WCCCA position and issues that will be faced by WCCCA in the next year. Council also has an opportunity to submit the name of a Tigard citizen to serve on the WCCCA Budget Committc If Council wishes to submit a name to the Budget Committee, Bob Rohlf has indicated an interest. OTHER ALTERNATIVES CONSIDERED 1. Appoint a Council member as Tigard's primary representative. 2. Make no appointment to the Budget Committee of WCCCA. VISION? TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A \\TIG333\US R\DEPTSWDM\BI LL\W CCCASUM.DOC s , Item No. 7 F unell Newsletter dated ;Eia MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: William A. Monahan, City Manager DATE: December 22, 1998 SUBJECT: Washington County Consolidated Communications Agency Representation Councilor Bob Rohlf has been our primary representative to the Washington County Consolidated Communications Agency (WCCCA) for the past few years. I have served as his back-up. Since the City's representative to the Agency needs to be either an elected official or a city employee, it is necessary that Council choose its primary and back-up representatives. After serving one year as Tigard's representative to the Board of Commissioners, Bob Rohlf recognized that the major decisions are made at the Executive Board level. As a result, he submitted his name for consideration as a member of the Executive Board and was elected a few years ago. He served in that capacity through this month. Occasionally when Bob was not available for the meetings, I represented the City and was able to participate at both the Board or Commissioners and Executive Board level. WCCCA normally meets on the third Thursday of the month. The Executive Board meets monthly, while the Board of Commissioners meets on a quarterly basis. However, over the past year, the schedule varied. For the first three months of 1999, the meetings are as follows: January 21 (the Budget Committee meeting where officers and the Executive Board are elected) February 18 March 11 Memo to City Council - re WCCCA 12/22/98 - Page 1 In addition to the City's representation on the Board of Commissioners and E-Board, there is an opening for the City's citizen member of the Budget Committee. The Budget Committee is comprised of the Board members and any appointed city representatives.. Budget Committee citizen appointments are for a term of three years. The Budget Committee usually meets two or three times in the first quarter of each year, with the first meeting being held on January 21, 1999. At this time the City of Tigard does not have a representative on the committee. Bob Rohlf has indicated an interest in this position, if the Council would like to appoint him. I believe that WCCCA will be dealing with some very important issues over the coming year. In particular, there is a need for analysis of whether the organization should seek a bond measure in November, 2000 for the Phase 2 project. If you recall, the Phase 2 upgrade to the system's capital facilities was discussed during the prior year. On December 17 the Board voted to establish a committee to research, develop, and implement an action plan for funding of the Phase 2 project. The committee will consist of seven to nine members, including Hillsboro, Washington County, TVF&R, Beaverton, and Tigard. Our rep,7esentative will serve on this important committee. If Council would like for me to serve on this committee as the City's primary representative, I would be willing to do so. I would also seek membership on the Executive Board. I would, however, need a Council representative as my back-up. Action requested: Council should designate the primary and secondary Tigard representatives to WCCCA. In addition, Council should consider whether to appoint a citizen member of the Budget Committee. Appointments should be made prior to the January 21 Budget. Committee meeting. WAM\jh \\TIG333\USR\DEPTS\ADWBILL\122198-1.DOC. RTF Memo to City Council - re WCCCA 12/22/98 - Page 2 AGENDA ITEM # ' C~ FOR AGENDA OF 1/12/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE PREPARED BY: Nadine Smith DEPT HEAD OK Should the City Council and Mayor appoint a new Washington Square task force member? C-0 STAFF RECOMMENDATION Council may choose to appoint another Councilor to the Task Force or to appoint a citizen to represent the Council. Bob Rohlf, the current Council representative has expressed an interest in continuing as a citizen representative. INFORMATION SAY Councilor Rohlf has represented City Council on the Washington Square task force since it's inception last summer. The task force is currently a 25 member working committee that is considering future land use, transportation, and design issues for the area around Washington Square. Mayor Nicoli is also a member. Since Bob Rohlf is no longer a City Councilor, Councilor can choose to appoint another Councilor onto the task force, choose a citizen, or to reappoint Mr. Rohlf as a citizen representative who can continue to report to Council on the progress of the committee. OTHER ALTERNATIVES CONSIDERED None considered. FISCAL NOTES None i:kiWMdelaun.dot ISSUE BEFORE THE COUNCIL AGENDA ITEM # I FOR AGENDA OF 1/12/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Review of Ballot Title Challenges - Citizens for Safe Water Initiative PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Review the title and measure to be initiated, hear arguments, if any, and certify to the city elections officer a title for the measure which meets the requirements of ORS 250.035. STAFF RECQMMENDATION Council will need to decide what arguments, if any, it will hear regarding the challenges. After hearing arguments, within the parameters set by the Council, the Council will certify to the City Recorder a ballot title for the measure that meets the statutory requirements. This process should be completed at the January 12, 1999 Council meeting. INFORMATION SUMMARY Attachments for Council review are as follows: 1. A memorandum from Legal Counsel Jim Coleman outlining the issues before the City Council on the matter of the challenges to the Ballot Title for the Citizens for Safe Water Initiative. 2. Ballot Title for Citizens for Safe Water Initiative. 3. Challenge to Ballot Title from William J. Scheiderich. 4. Challenge to Ballot Title from Jim Hansen, Chief Petitioner, Citizens for Safe Water. 5. Tigard Municipal Code (TMC) 1.12.030 designating the procedure for an elector dissatisfied with ballot title for city measure. 6. Oregon Revised Statutes (ORS) Section 250.035. This section of the ORS was referred to in TMC 1.12.030 and designates the form of ballot titles for state and local measures. Here is some additional background information concerning the reason why the City Council hears challenges to ballot titles: In May 1995, the Council reviewed issues with the language pertaining to the initiative and referendum process. After discussion, the City Attorney's office prepared an ordinance for Council consideration reflecting the Council's direction. That direction was to • Repeal the City's current initiative and referendum process, • Adopt State law, and • Provide that appeals be heard by the City Council rather than Circuit Court in the endeavor to be less cumbersome and costly to Tigard residents who wish to object to a measure filed through the initiative and referendum process. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A I:\ADM\CATHY\000NCIL\SUMMARY - CHALLENGES TO BALLOT TITLEMOC O'DONNELL RAMIS CREW CORRIGAN & BACHRACH, LLP ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 (503) 222-4402 MEMORANDUM TO: Mayor Jim Nicoli Tigard City Council Bill Monahan, City Manager FROM: James M. Coleman, City Attorney's Office DATE: January 5, 1999 RE: Ballot Title Challenges The City received two challenges to the ballot title prepared by the City Attorney for the initiative petition filed by the Citizens for Safe Water. One challenge was filed by William Scheiderich, the other was filed by James Hanson. These challenges were filed with the City pursuant to TMC 1.12.030. The purpose of this memo is to explain the Council role and standard for review of these ballot title challenges, process alternatives and to address the merits of the challenges. A separate confidential memo addresses other related issues raised by the challenges. COUNCH.ROLE ORS 250.255 makes state law requirements relating to the exercise of the initiative and referendum powers regarding a city measure mandatory "unless the city charter or ordinance provides otherwise." State law places with the circuit court the role of reviewing ballot title challenges. The city has chosen to provide a local procedure for ballot title challenges. TMC 1. 12.030 makes the City Council the decision maker on the "first and final" review of a challenge to a ballot title prepared by the City Attorney for an initiative petition, so in this process the Council will be carrying out a role similar to that of a judge in the circuit court. Both petitions were filed in a timely manner. The petitions are to state the "reasons the title filed is insufficient, not concise or unfair." The Council shall "review the title and measure to be initiated, hear arguments, if any, and certify to the city elections officer a title for the measure which meets the requirements of ORS 250.035 and 250.039." The City has provided to you the ballot title, the Memorandum re: Ballot Title Challenge January 5, 1999 Page 2 measure, the challenge petitions, a copy of TMC 1.12.030 and a copy of ORS 250.035. ORS 250.039 has been repealed and is not applicable to these challenges. When the agenda item for this matter is called, the first action of the Council will be to decide what arguments, "if any", it will hear regarding the challenges. The Council may decide the challenges with reference to the written materials submitted, it may hear only from the two petitioners, or it may hear argument from any larger group that the Council feels is appropriate. This is the first time the Council has been faced with a challenge under this section so there is no precedent established by prior action for the type of hearing to be held. Once the class of those that may argue is defined, and time limits established, the Council will hear the arguments on why the ballot title does or does not comply with the requirements of ORS 250.035. After hearing arguments limited to that issue, the Council will certify to the City Recorder a ballot title for the measure which meets the statutory requirements. The process should be completed at the January 12, 1999 meeting in order to meet the code requirement that the review "...be conducted expeditiously to insure the orderly and timely circulation of the petition...". ORS 250.035 requires that a ballot title have three components; the caption, question and summary. The caption is not more that 10 words and "reasonably identifies the subject of the measure". The question is not more that 20 words and "plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affirmative vote on the measure". The summary is not more that 175 words and is a concise and impartial statement summarizing the measure and its major effect. The Oregon Supreme Court is given the role of reviewing ballot titles for state measures. Its' role is to determine whether the proposed ballot title is in substantial compliance with statutory requirements. It has imposed upon itself an emphasis on restraint in reviewing a title and does not substitute a title it feels is "better" or "improved" if the submitted title is in substantial compliance with the law. In describing the major effect in a ballot title summary, the court has said that if the impact of the measure is not clear it is not appropriate to speculate among arguable meanings. Those major effects of the measure that are discernible without the exercise of pure conjecture are to be addressed in the summary. SPECIFIC CHALLENGES Scheiderich In the first two paragraphs of his challenge Mr Scheiderich asserts that the ballot title is insufficient and unfair due to its failure to address the impact of the measure on the 1994 agreements between the City and the Tigard Water District, King City and Durham, the 1995 contract with Tualatin Valley Water District, and the 1983 agreement between the City of Portland and the Tigard Water District which has been assigned to the City of Tigard. Memorandum re: Ballot Title Challenge January 5, 1999 Page 3 All of the agreements mentioned by Mr Scheiderich contain termination clauses. Section 2 of the agreements with the Tigard Water District, Durham and King City allows for termination with 10 years of prior notice. Section 20 of the agreement with Tualatin Valley allows for termination with 1 year prior notice. Section 14 of the agreement with Portland has a termination date of June 30, 2007 with automatic renewal for 25 years unless a 3 year prior notice of termination is given. Section 7 of that contract also has a yearly mandatory minimum purchase requirement. If the measure passed and suitable agreement could not be reached with the affected parties, each of the agreements could be terminated. The measure will have some impact on each of the agreements, but the nature of that impact is speculation at this point. The following language could be added to the summary portion of the draft title to address the issues raised in the first two paragraphs of this challenge. "This measure will impact existing agreements relating to water supply between the City and other jurisdictions. Each agreement contains a termination provision that will allow the City to end the relationship if necessary. The consequences of exercising the rights to terminate are unknown at this time." The issues raised in the third paragraph of this challenge do not challenge the sufficiency of the ballot title but rather urge the Council to not certify the ballot title due to the alleged unconstitutionally of the measure. These issues are addressed in a separate confidential memorandum. Hansen This challenge raises no specific issues with the ballot title as drafted. Due to the lack of precedent and vagueness of the TMC provision, as the letter notes, I told Mr Hansen that the only way he could insure his right to address the Council was to file a challenge. The Council will define its process the night of January 12 and should consider this letter as a request by Mr Hansen, the chief petitioner for the measure, to be heard on the issues raised by Mr Scheiderich. Mr Hansen does question the right of the City to have a ballot challenge process that differs from state law. ORS 250.255 specifically reserves that right to the City. Action Once the Council decides on a ballot title that meets state law requirements, the appropriate action is to pass a motion which certifies the proposed ballot title to the City Recorder. cAb \gfllfigvd\baotCUepr c BALLOT TITLE FOR C=ENS FOR SAFE WATER INITIATIVE VOTER APPROVAL REQUIREMENT FOR WILLAMETTE RIVER AS DRINKING WATER SOURCE Shall the City Charter be amended to require voter approval for use of Willamette River as a drinking water source? This measure will add a new Section 51 to the City Charter that will prevent the City from using any water from the Willamette River as a drinking water source for its citizens unless the question of using the Willamette River as a source of drinking water has been approved by a majority of the voters voting in a city wide election. The measure places no restrictions on using any other source for drinking water for the citizens of Tigard. The measure prevents the use of Willamette River water as a secondary or emergency source of drinking water if prior voter approval has not been received. RECEIVED DEC 3 0 1998 10810 SW Garden Park Place CI OF TIGARD. Tigard OR 97223-3884 December 30, 1998 Mayor and City Council 02 City of Tigard Cv 13125 SW Hall Boulevard Tigard OR 97223 RE: Ballot Title for Citizens for Safe Water Initiative Dear Mayor Nicoli and Councilors, I am a citizen resident and elector of the City of Tigard and challenge the ballot title prepared by the city's attorney for this initiative measure. The ballot title is insufficient in that it omits any mention of the city's contractual obligations with other certain other cities and with the Tigard Water District to jointly plan for and agree on capital improvements for a common source of water supply. Those obligations are stated in an intergovernmental agreement between Tigard and the Tigard Water District dated December 23, 1993 and executed early in 1994. The ballot title also is insufficient in that it omits any mention of the city's existing contractual obligations to purchase water from both the City of Portland and from the Tualatin Valley Water District. I believe that neither contracts limits either supplier's choice of the source of the water sent to Tigard. The ballot title is unfair in that it misleads Tigard voters to believe that they will be entitled to approve a source of water supply for the City of Tigard when in fact, by prior contractual agreement, the City of Tigard has agreed to make that choice only as a joint exercise with certain other cities and with the Tigard Water District. It also misleads Tigard voters to believe that Tigard may unilaterally change the terms of its water supply contracts with the City of Portland and with TVWD. do not have any replacement wording to offer for the caption, question or summary of the proposed ballot title as I believe the subject of the initiative is unconstitutional. The measure concerns an administrative, not a legislative matter and for that reason should not be certified for an election. If the measure is certified and then enacted it would impair contracts already made by the city. The measure thus contradicts two separate provisions of the Oregon Constitution. I recommend that the Tigard Council not certify the measure to the county elections officer unless it is rephrased to allow only an advisory vote. That would put the burden on those proposing the measure as now worded to defend it against constitutional challenges rather than commit public resources to that defense. Please direct further correspondence on this matter to my address above. Thank you. Sincerely, William J. Scheiderich 12/30/1998 6:41 503-590-0425 JIM HANSEN PAGE 01 Jul I CC 3 0 9998 i Dec. 30,19" VL4 FAX 6g9-7297 Apts. Catherine Wheatley City Recorder City of Tigard Re: Ballot Title for Citizens for Safe Water Initiative challenge Tear Cathy: As you will recall, earlier today at 3pm you faxed me the notice of the challenge to our Ballot Title. You stated that I had until 5pm to respond, but you were not sure exactly what form I should respond in or what it would accomplish for me to do so, since you said the city had never done this before. It is now 4:30pm, and I have not been able to contact our attorney and doubt if I will bear from hUn during the neat half hour. After talking to you, I did talk to the Tigard City Attorney • An Coleman- and told him that I wanted to exercise all rights available to use. He said it was new to him too, and could only suggest that I file with you a challenge to the ballot title to ensure say or our attorney's right to speak at the Jan. 12 Council meeting. You may therefore consider this fax as a challenge to the Ballot Title, and that I or our attorney would like to speak at the council meeting after Mr. Scheiderich has spoken to state our position regardSng his comments, and to defend our Ballot Title language. It is incomprehensible to me hoes the City can supercede State law, and declare itself to have the final say on a Ballot Title, instead of a Circuit Court. Jinn Hanna Chief Petitioner Citizens for Safe Water TIGARD MUNICIP" CODE 1.12:030 Procedure for elector dissatisfied with ballot title for city measure. Any elector dissatisfied with a ballot title filed with the city elections officer by the city attorney or the city governing body, may petition the City Council seeking a different title and stating the reasons the title filed is insufficient, not concise or unfair. The petition shall be filed with the city elections officer not later than the seventh business day after the title is filed with the city elections officer. The City Council shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the city elections officer a title for the measure which meets the requirements of ORS 250.035 and 250.039. The review by the City Council shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of the petition or conduct of the election at which the measure is to be submitted to the electors. (Ord. 95-09) 1.12.030 1-1 .199/ uregon xevisea b[a[utes rayciUL i 250.035 Form of ballot titles for state and local measures. (1) The ballot title of any measure, other than a state measure, to be initiated or referred shall consist of: (a) A caption of not more than 10 words which reasonably identifies the subject of the measure; (b) A question of not more than 20 words which plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affirmative vote on the measure; and (c) A concise and impartial statement of not more than 175 words summarizing the measure and its major effect. (2) The ballot title of any state measure to be initiated or referred shall consist of: (a) A caption of not more than 10 words that reasonably identifies the subject matter of the state measure. The caption of an initiative or referendum amendment to the constitution shall begin with the phrase, "Amends Constitution," which shall not be counted for purposes of the 10-word caption limit; (b) A simple and .understandable statement of not more than 15 words that describes the result if the state measure is approved. The statement required by this paragraph shall include either the phrase, "I vote" or "vote yes," or a substantially similar phrase, which may be placed at any point within the statement; (c) A simple and understandable statement of not more than 15 words that describes the result if the state measure is rejected. The statement required by this paragraph shall include either the phrase, "I vote" or "vote no," or a substantially similar phrase, which may be placed at any point within the statement; and (d) A concise and impartial statement of not more than 85 words summarizing the measure and its major effect. (3) The statements required by subsection (2)(b) and (c) of this section shall be written so that, to the extent practical, the language of the two statements is parallel. (4) The statement required by subsection (2)(b) of this section shall be written so that an affirmative response to the statement corresponds to an affirmative vote on the state measure. (5) The statement required by subsection (2)(c) of this section shall be written so that an affirmative response to the statement corresponds to a negative vote on the state measure. (6) To avoid confusion, a ballot title shall not resemble any title previously filed for a measure to be submitted at that election. [1979 c.190 s.143; 1979 c.675 s.1; 1985 c.405 s.1; 1987 c.556 s.1; 1987 c.875 s. 1; 1995 c.534 s.1; 1997 c.541 s.312] http://landru.leg.state.or.us/ors/250.html 12/17/98 w DANIEL W. MEEK Attomey & Consultant 09+9 S.W. 4TH AVENUE PORTLAND, OR 97219 (503) 293-9021 FAX 293-9099 dan.meek@usa.net January 12, 1999 TO: JIM HANSEN 5 bmAg b4 5;wvt A 0J RE: LETTER OF WILLIAM SCHEIDERICH CHALLENGING BALLOT TITLE FOR THE DRINKING WATER CHOICE ACT INITIATIVE MEASURE You have provided to me a letter by William Scheiderich to the Tigard City Council, dated December 30, 1998, on the subject of the Citizens for Safe Water Initiative. I/Sato Mr. Scheiderich makes several arguments against the ballot title drafted by the city attorney. Those argument are presented in italics below, along with my responses. "The ballot title is insufficient in that it omits any mention of the city's contractual obligations with other certain other cities and with the Tigard Water District to jointly plan for and agree on capital improvements for a common source of water supply. " It is not clear why the ballot title needs to mention these contracts. As the city attorney's January 5, 1999, memorandum indicates, each of those contracts have termination clauses that could be exercised, if necessitated by the enactment of the Drinking Water Choice Act. Further, there is nothing in the Intergovernmental Agreement between the City of Tigard and the Tigard Water District for Delivery of Water Service to Territory with the District Boundaries (December 23, 1993) that obligates Tigard to use Willamette. River water or to defer to water supply choices made by other government entities. Its language about capital improvements is vague but certainly allows the City of Tigard to withhold consent to the plans of others by asserting that doing so is "in the best interests of water customers within the original District and consistent with the goal of working together to provide all of the residents and property in the original District with a clean, economical water supply." 2. 'The ballot title also is insufficient in that it omits any mention of the city's existing contractual obligations to purchase water from both the City of Portland and from the Tualatin Valley Water District. I believe that neither contracts limits either supplier's choice of the source of the water sent to Tigard." As the city attorney's memorandum indicates, the water supply contracts also have termination clauses requiring 1-year notice to the TVWD and 3-year notice to the City of Portland to terminate as of June 30, 2007. The City of Portland has no plan to use or provide to other jurisdictions any Willamette River water before that date, if ever. Thus, the asserted "existing contractual obligations" are not inconsistent with the Drinking Water Choice Act. The ballot title is limited to very few words, which should not be wasted attempting to identify contracts that are not inconsistent with the proposed measure. 3. 'The ballot title is unfair in that it misleads Tigard voters to believe that they will be entitled to approve a source of water supply for the City of Tigard when in fact, by prior contractual agreement, the City of Tigard has agreed to make that choice only as a joint exercise with certain other cities and with the Tigard Water District. " I see nothing in any contract that prevents the City of Tigard from choosing its future water supply source. Even if there existed such an obligation, the voters of Tigard are entitled to enact legislative measures, even if such measures cause the City of Tigard to breach existing contracts. The city's contracting partners then would have available to them the ordinary legal remedies for breach of contract. No city can paralyze the initiative powers of the people merely by signing contracts with others. . A 2 4. "it also misleads Tigard voters to believe that Tigard may unilaterally change the terms of its water supply contracts with the City of Portland and with TVWD. " The proposed ballot title states nothing that could reasonably lead a Tigard voter to so believe. As noted above, the contracts are not inconsistent with the Drinking Water Choice Act and have termination clauses that can be timely exercised. 5. 1 believe the subject of the initiative is unconstitutional. The measure concerns an administrative, not a legislative matter and for that reason should not be certified for an election. " The adoption of a policy not to use Willamette River water without a majority vote in the City of Tigard is clearly a legislative act, not an administrative one. The Oregon Supreme Court has most recently described the distinction in Lane Transit District v. Lane County, 327 Or 161, 957 P2d 1217 (1998): Article IV, section 1(1), of the Oregon Constitution reserves to the people the powers of initiative and referendum. Article IV, section 1(5), further provides: "The initiative and referendum powers reserved to the people * * * are further reserved to the qualified voters of each municipality and district as to all local, special and municipal legislation of every character in or for their municipality or district." In Foster v. Clark, 309 Or 464, 472, 790 P2d 1 (1990), this court noted that the constitutional reservation of the initiative power in Article IV, section 1(5), applies only to "municipal legislation." Proposed initiative measures addressing administrative matters properly are excluded from the ballot. Id. The operative word is "legislation." This court has defined legislative activity as "making laws of general applicability and permanent nature," id., and administrative activity as that "necessary * * * to carry out legislative policies and purposes already declared." Monahan v Funk, 137 Or 580, 584, 3 P2d 778 (1931). In Foster, this court was called upon to answer the same question addressed in this case: whether the subject matter of a local proposed initiative measure, which sought to rename a Portland street, was "legislative" or "administrative" in nature. The Foster court determined that sections 17.93.010 to 17.93.060 of the Portland City Code constituted "a complete 3 scheme for changing Portland city street names, including rules on petition forms, fees, review by various City officials, and final consideration by the City Council," and that the scheme was a "completed legislative plan, requiring no further legislative contribution." Foster, 309 Or at 473. The court then held that the subject matter of thn proposed initiative measure, the renaming of Martin Luther King, Jr., Boulevard, was administrative in nature, and not legislative, because the proposed initiative measure was filed after the legal framework governing the renaming of Portland city streets was in place. Id. at 473-74. This court has stated that a particular activity is "administrative," and not "legislative," if it does not set new policy, but merely carries out legislative policies and purposes already declared. Monahan, 137 Or at 584. Because the subject matter of the proposed initiative measure addressed in Foster was administrative in nature, it was not appropriately addressed through the initiative process. Foster, 309 Or at 474. Lane Transit District v. Lane County, 327 Or 161, 957 P2d at 1220 (1998) (emphasis added). It is difficult to imagine an initiative measure that sets new policy more than does the proposed Drinking Water Choice Act, which clearly establishes policy regarding how the citizens will be able to choose their drinking water sources in the future. The Oregon Supreme Court in State ex rel Allen v. Martin, 255 Or 401,408, 465 P2d 228 (1970) classified as legislative, not administrative, a proposed measure that would have made the creation of local parking districts contingent upon approval of a majority of the property owners within the district. Surely a prohibition on use of the Willamette River as a drinking water source, which substantially directs policy for one of the City°s most significant activities (provision of water to residents) constitutes the "making laws of general applicability and permanent nature" (legislative) and does not constitute activity that is "necessary * * * to cant' out legislative policies and purposes already declared." Monahan v. Funk, 137 Or at 584. United Citizens v Environmental Quality Commission, 104 Or App 51, 799 P2d 665 (1990), review denied 311 Or 151 (1991), elaborated upon Monahan. 4 The Supreme Court set out the test for distinguishing legislative from administrative matters in Monahan v. Funk, 137 Or 580, 584,3 P2d 778 (1931): "Acts, which are to be deemed as acts of administration and classed among those governmental powers properly assigned to the executive department, are those which are necessary to be done to carry out legislative policies and purposes already declared, either by the legislative municipal body, or such as devolved upon it by the organic law of its existence. The form of the act is not determinative; that is, an ordinance may be legislative in character or it may be administrative[.] "The crucial test for determining that which is legislative and that which is administrative is whether the ordinance is one making a law or executing a law already in existence[.]" (Citations omitted.) 104 Or App at 58-59. Consistent with its opinion in Monahan, the court adopted in State ex rel Allen v. Martin, supra, 255 Or at 407, the following as a "clear statement" of the distinction between legislative and administrative acts: * * Generally, an ordinance originating or enacting a permanent law or laying down a rule of conduct or course of policy for the guidance of citizens or their officers or agents is purely legislative in character * while an ordinance which simply puts into execution previously declared policies or previously enacted laws is administrative or executive in character and not referable."' Amalgamated Transit v. Yerkovich, 24 Or App 221, 545 P2d 1401, review denied (1976). Surely the proposed Drinking Water Choice Act lays down a rule of conduct or course of policy for the guidance of Tigard city officers. It does not put into execution previously declared policies. 6. "If the measure is certified and then enacted it would impair contracts already made by the city. " A. Review of initiatives on substantive grounds is not available prior to enactment of the measure. 5 Apart from determining whether a proposed initiative indeed addresses legislative matters, neither the City Council nor the courts have jurisdiction to prevent an initiative from being submitted to a vote of the people on the grounds that the substance of the initiative is unconstitutional. In Lane Transit District v Lane County, 146 Or App 109, 932 132d 81 (1997), partially reversed on other grounds 327 Or 161, 957 P2d 1217 (1998), the Court of Appeals explained: Relying on a long line of prior Supreme Court case law, we held that the question whether a local proposed measure has been pre-empted by an existing state statute is a question that goes to the substantive validity of the proposed measure and it, therefore, is answerable on judicial review only if the measure is actually enacted by the voters. Id. at 473-75. See also Oregon AFL-CIO v Weldon, 256 Or 307, [***23] 312, 473 P2d 664 (1970) ("We have repeatedly held that the courts are without power to determine the validity of a propos )d law or ordinance before its enactment."). Accordingly, until the present measure is enacted, it is premature for this court to rule on LTD's alternative argument. 146 Or App 109 at 122. In Boytano v. Fritz, 321 Or 498, 901 P2d 835 (1995), the Oregon Supreme Court stated: In Foster v. Clark, 309 Or. 464, 469, 790 P2d 1 (1990), this court explained that "a court will not inquire into the substantive validity of a measure--i.e., into the constitutionality, legality or effect of the measure's language--unless and until the measure is passed. To do otherwise would mean that the courts would on occasion be issuing an advisory opinion." Nonetheless, the court recognized that there are some circumstances in which "Oregon courts have inquired into whether matters extraneous to the language of the measure itself disqualify the measure from the ballot." Ibid. In Foster, the court discussed two situations in which "matters extraneous to the language of the measure itself' disqualify that measure from the ballot. The first occurs when a measure is flawed because of some procedural shortcoming, such as an inadequate number of qualifying signatures to place the measure on the ballot. Ibid. The second situation occurs when, "[d]espite compliance with proper procedures, * * * the measure is legally insufficient to qualify for that ballot." Ibid. The court concluded that 6 the proposed measure in that case was legally insufficient to qualify for the ballot, because it did not involve "municipal legislation" and, thus, was not "one of the type authorized by [Oregon Constitution, Article I, section 1(5) Id. at 471-75, 790 P2d 1. 321 Or at 501. Mr. Scheiderich's argument claiming that the initiative, if enacted, would have an unconstitutional effect on various existing contracts is the sort of argument that is cannot be reviewed prior to enactment of the measure. Initiative measures must be placed on the ballot for vote. That they may be invalid or ineffective is not grounds for a court or other official to keep them off the ballot. zzState ex rel Carson v. Kozerxx, 126 Or 641, 647, 270 P 513 (1928). It was for this reason that we granted the petition for a peremptory writ of mandamus in zzState ex rel Umrein v. Heimbigner, City Recorder of Beavertonxx, September 19, 1978, SC #25813 (no opinion), and ordered the recorder to put the measure on the ballot. The Court of Appeals followed this principle in zzBarnes v. Paulusxx, 36 Or App 327, 332, 588 P2d 1120 (1978). The one exception is if the proposed measure is legally insufficient to be placed on the ballot. An example of this exception is zzKays v. McCallxx, 244 Or 361, 481 P2d 511 (1966), in which the petitions for the initiative measure did not have the number of supporting certified signatures required by Art IV, § 1, Oregon Constitution. McGinnis v. Child, 284 Or 337, 339, 587 P2d 460 (1978). See Oregon AFL-CIO v. Weldon, 256 Or 307, 312-13, 473 P2d 664 (1970) (ballot title review); Johnson v. City of Astoria et at, 227 Or 585, 591-92, 363 P2d 571 (1961) (mandamus to require initiative measure to be placed on ballot); Unlimited Progress v. Portland, 213 Or 193, 195-96, 324 P2d 239 (1958) (municipal measure); State ex rel. v. Newbry et at, 189 Or 691, 697-98, 222 P2d 737 (1950) (compliance of proposed constitutional amendment with requirement that each constitutional amendment be stated separately); State ex rel Carson v. Kozer, 126 Or 641, 645-48, 270 P 513 (1928) (constitutionality of proposed measure will not be decided prior to vote). In Foster v. Clark, supra, the Oregon Supreme court stated: 7 * * * the correct rule, which is: Courts have jurisdiction and authority to Deter r f lif le whether a proposed initiative or referendum measure is one of the type authorized by Or Const, Art I § 1(5) to be placed on the ballot. This means that a court may inquire into whether the measure is "municipal legislation," because that qualifying language is used in the constitution itself. On the other hand, a court may not inquire into general questions of constitutionality, such as whether the proposed measure, if enacted, would violate some completely different portion of the constitution. 309 Or at 471. Thus, even if Mr. Scheiderich's assertions regarding the constitutionality of the proposed initiative were correct, the City of Tigard cannot lawfully refuse to certify the measure for the collection of signatures. B. The doctrine of "impairment of contracts" is not even applicable. This doctrine is far more complex that I have time to explain, but nothing in the Drinking-Water Choice Act impairs any contract within the meaning of the doctrine. At worst, the Drinking Water Choice Act would, in Mr. Scheiderich's view, require the City of Tigard to breach existing contracts. That is not the same as an "impairment of contracts." If such breach were to occur, the city's contracting parties would have available to them the ordinary legal remedies. The Drinking Water Choice Act does not purport to eliminate those remedies. 7. "1 recommend that the Tigard Council not certify the measure to the county elections officer unless it is rephrased to allow only an advisory vote." As indicated above, the Tigard City Council has no legal authority to withhold the certification of a ballot title to the City Recorder, thus initiating the period for collection of signatures. 8