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City Council Packet - 04/24/2001DAP/&//v'6z- OREGON TIGARD CITY COUNCIL MEETING APRIL 24, 2001 COUNCIL MEETING WILL E TELEVISED H-. yeanme%docslccpW 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 a W L Revised 4-20-01 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 mm. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171; Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - April 24, 2001 page 1 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING APRIL 24, 2001 6:30 PM STUDY MEETING > UPDATE ON THE STATUS OF PAPERLESS COUNCIL > DISCUSSION ON JOINING THE NEW PUBLIC EMPLOYEES' RETIREMENT SYSTEM LOCAL GOVERNMENT RATE POOL (Also See Consent Agenda Item 5.7) > UTILITY BILL RECEIPTING PROPOSAL > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (e) and (h) to discuss real estate transactions and current and pending litigation. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Flag Ceremony and Pledge of Allegiance - Boy Scout Troop 423 1.4 Council Communications az Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items .52e. -i 412rm - 7:35 PM 2. DISCUSSION WITH STATE SENATOR RYAN DECKERT AND STATE REPRESENTATIVE MAX WILLIAMS 8:05 PM 3. PROCLAMATION - BE KIND TO ANIMALS WEEK, MAY 6-12, 2001 8:10 PM 4. VISITOR'S AGENDA (Two Minutes or Less, Please) COUNCIL AGENDA - April 24, 2001 page 2 8:20 PM 5. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 5.1 Receive and File: a. Council Goal Updates as of April 2001 5.2 Authorize the City Manager to sign the Statement of Intent and negotiate an Intergovernmental Agreement with Unified Sewerage Agency for the Integrated Water Resources Management (IWRM) Water Supply Feasibility Study 5.3 Enter into an Intergovernmental Agreement with Other Cities within Portland General Electric's Service Area to Conduct a joint Review of Portland General Electric Franchise Fees - Resolulon No. 01 - I(.o- 5.4 Approve the Proposed Annexation Work Plan and Study Scope for the Bull Mountain Area 5.5 Appoint David Cory, Bob Tinnin, ]an Gorsline and John Burtuille to the Tree Board - Resolution No. 01 - 5.6 Authorize the Issuance of a Bond Anticipation Note to Provide Interim Financing for the Portion of the Dartmouth Local Improvement District Assessed to the Martins - Resolution No. 01 - 1q,- 5.7 Approve a Resolution Declaring Tigard's Intent to Join the Oregon Public Employees' Retir ment System Local Government Rate Pool - Resolution No. 01 - I 8:25 PM 6. INTRODUCTION OF DAVID CORY, BOB TINNIN, ]AN GORSLINE AND JOHN BURTUILLE AS TREE BOARD MEMBERS • Mayor Griffith NOTE: Item No. 7 has been cancelled. A set over date to be determined. 8:30 PM 7. PHOTO RADAR CONTRACT APPROVAL a. Staff Report: Police Staff b. Council Discussion, Questions, Comments C. Council Motion: Approve implementation of the project. COUNCIL AGENDA - April 24, 2001 page 3 8:40 PM 8. PUBLIC HEARING TO CONSIDER A RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY PURCHASED FOR ACCESS TO THE MENLOR RESERVOIR a. Open Public Hearing b. Staff Report.: Public Works Staff C. Public Testimony d. Council Discussion, Questions, Comments e. Close Public Hearing f. Council Consideration: Resolution No. - D _ 9:00 PM 9. BUILDING UPDATE a. Staff Report: Community Development Staff b. Council Discussion, Questions, Comments 9:20 PM 10. CONSIDER AN ORDINANCE REVISION OF ORDINANCE 96-09 EXHIBIT "A" SECTION 10.060, REQUIREMENT CONTRACTS AND SECTION 70.010 PERSONAL SERVICE CONTRACTS a. Staff Report: Finance Staff b. Council Discussion, Questions, Comments C. Council Consideration: Ordinance No, - Da NOTE: Item No. I I is set over to June 12, 2001. 9:25 PM 11. CONSIDER AWARDING THE CONTRACT FOR AUDIT SERVICES TO PAULY, ROGERS AND COMPANY a. Staff Report: Finance Staff b. Council Discussion, Questions, Comments C. Council Motion: Should the Local Contract Review Board Award the Contract for Audit Services to Pauly, Rogers and Company? 9:35 PM 12. CONSIDER A RESOLUTION TO AMEND THE PROCESS FOR APPOINTING NEW MEMBERS TO BOARDS, COMMITTEES, COMMISSIONS AND TASK FORCES a. Staff Report: Administration Staff b. Council Discussion, Questions, Comments C. Council Consideration: Resolution No. 9:50 PM 13. COUNCIL LIAISON REPORTS COUNCIL AGENDA - April 24, 2001 page 4 9:55 PM 14. NON AGENDA ITEMS Q~ 1 10 00 PM V : 15. EXECUTIVE SESSION: The Tigard City Council may go Into Executive Session. If r an Executive Session Is ca'lled to order, the appropriate ORS citation will be announced identifying the applicable statue. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), ~S but must not disclose any Information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Q~--j ` Sessions are closed to the public. ~ 10:05 PM 16. ADJOURNMENT I:WDWCATHY\CCA\010424.D0C COUNCIL AGENDA - April 24, 2001 page 5 Agenda Item No. H. I Meeting of Co • I -~k, 01 TIGARD CITY COUNCIL MEETING MINUTES - APRIL 10, 2001 APRIL 24, 2001 STUDY MEETING Council Present: Council President Moore, Councilors Dirksen, Patton, and Scheckla. > UPDATE ON THE STATUS OF PAPERLESS COUNCIL Council President Moore reported his experience with the Paperless Agenda Meeting Packets and demonstrated to the Council how to use the electronic packet. After discussion, consensus of the Council was to proceed with the electronic packet, which will entail staff setting up laptop computers for Council members and providing computer discs containing the meeting agenda and support material. One of the primary benefits of proceeding with developing an electronic packet will be to have the meeting packet material available to the public via the Internet. Questions about public record will be researched by the City Attorney with regard to annotations made by Council members on their electronic copies of the agenda and meeting materials. Staff will also develop a process with regard to distribution of confidential Executive Session materials. > EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7 p.m. under the provisions of ORS 192.660 (d), (e), and (h) to discuss labor relations, real estate transactions and current and pending litigation. Study Meeting reconvened at 7:30 p.m. > REPRESENTATIVE WILLIAMS AND SENATOR DECKERT: City Manager Monahan explained that, if members of the audience have questions for either Representative Williams or Senator Deckert, (see Item No. 2) they will be asked to write their question on a card. A staff greeter will be at the entrance of Town Hall to assist. COUNCIL AGENDA - April 24, 2001 page 1 > AGENDA REVIEW FOR THIS MEETING: City Manager Monahan reviewed the following - Mayor will be signing a proclamation for "Be Kind to Animals !Meek." Items No. 7 and 11 have been removed from the agenda. • Non-Agenda Item: A resolution recognizing Loreen Mills for 30 Years of Service to the City of Tigard. > House Bill 2934 (See memorandum dated April 24, 2001, from Finance Director Craig Prosser to City Manager Bill Monahan, on file with the Council packet materials.) - This proposed bill establishes statewide hotel/motel tax of 1 % dedicated to "tourism promotion" and preempts new or increased local hotel/motel taxes. Finance Director Prosser confinmed Councilor Patton's assessment that this would be one more piece of legislation that would limit local jurisdiction flexibility. House Bil! 2680, (affecting Internet) apparently did have one hearing and has gone back to Committee for further action. It appears as if this bill will not move forward. House Bill 3697 (Qwest), would drastically change local franchising authority also had one hearing. It appears as if this bill will not move forward. 1. BUSINESS MEETING 1.1 Council President Moore called the meeting to order at 7:40 p.m. 1.2 Council Present: Council President Moore; Councilors Dirksen, Patton, and Scheckia. 1.3 Flag Ceremony and Pledge of Allegiance - Boy Scout Troop 423 1.4 Council Communications ax Liaison Reports Councilor Scheckla reported that he attended the recent School District meeting with regard to the possible survey of students regarding an inventory "developmental assets." The program is called "Take the Time Washington County." Councilor Scheckla noted the meeting was not well attended. 1.5 Call to Council and Staff for Non-Agenda Items • Add to Non-Agenda (Item No. 14 - Resolution for Loreen R. Mills - recognizing 30 years of service.) • Agenda Item Nos. 7 and 11 have been removed from the agenda. COUNCIL AGENDA - April 24, 2001 page 2 2. DISCUSSION WITH STATE SENATOR RYAN DECKERT AND STATE REPRESENTATIVE MAX WILLIAMS State Representative Max Williams visited with the City Council. He noted that the legislature was working through issues, including budgetary matters and the fact that the State's financial forecast is now less than what it was when the legislature was convened. Overall, he reported that the session was moving along smoothly. He advised that commuter rail was well received by the Committee. It appears that there is widespread support for this project. The legislature is making progress in securing a state park for the western part of Washington County. The park would provide overnight camping. Representative Williams said he was hopeful that this would be funded. Representative Williams noted that he is the Chair of the House Judiciary Committee, which hears approximately 1 /6 of all of the bills dealing with corrections, crime, and courts. He noted that the Measure 7 Committee was making progress and was hopeful that there would be something to review within the next 7-10 days. Representative Williams said he, as well as the League of Oregon Cities, was representing the interests of the City of Tigard. Representative Williams commented on the franchise fee bill (House Bill 3697). He advised that the House Revenue Committee conducted a hearing; more data was needed and the Committee did not commit to any action. There is a proposal that was discussed with a new way to collect a franchise fee, which, according to Representative Williams, would give Tigard more revenue. He said that there is potential for a legal challenge directed at the method now being used to collect these fees. In response to a question from Councilor Scheckla, Representative Williams advised that he was not aware of any effort to lower the state revenue sharing amount to local governments. In response to a question from Councilor Dirksen, Representative Williams noted that there was a hearing today on House Bill 2944, which would make a statewide tax of I% on hotel/motel charges to be dedicated to tourism investment. This Bill would also preempt local governments from increasing the tax. This Bill has been challenged because of the limitations to be placed on local governments. He referred to the impact that would be felt by cities such as Seaside if local governments' ability to tax hotel/motel revenue is curtailed. COUNCIL AGENDA - April 24, 2001 page 3 Councilor Patton noted she was pleased with the efforts by Representative Williams on Measure 7. She said she was also glad to hear the positive reports on commuter rail. There was brief discussion on the proposed baseball stadium for Portland. Representative Williams advised that he would be willing to continue to listen to the proposals for the baseball stadium project, unless this project would compete for dollars that could be used for the commuter rail project. There was discussion that Tri Met would eventually need to work on issues concerning the commuter rail proposal. Councilor Patton reported that the City has met with Tri Met's General Manager after the Tri Met Board heard testimony from Tigard officials about concerns about Tri Met service (short- and long-range planning for transportation needs) in Tigard. Representative Williams also noted that there is the question of what agency will fund the ongoing operation costs of commuter rail. 3. PROCLAMATION - BE KIND TO ANIMALS WEEK, MAY 6-12, 2001 Mayor Griffith will be signing this proclamation. 4. VISITOR'S AGENDA Kym Buchanan, 13669 SW Feiring, Tigard, Oregon, advised he worked at Tigard High School. He noted that recently the media have been critical of Oregon schools. He advised he valued the support of local government. Councilor Patton noted that she believed that Tigard High School provided a good education for its students. She referred to the updates the Council received about the High School from Russ Rutledge, Student Envoy to the City. It appears that positive things are happening at Tigard High School. 5. CONSENT AGENDA: Councilor Scheckla questioned Item No. 5.6. Finance Director Prosser clarified that the Dartmouth Local Improvement District is still in litigation in court. Notes are due on May 1 and the City must either approve the proposed interim financing or payoff $2 million dollars. In response to a question from Councilor Scheckla, Legal Counsel Ramis advised that the litigation could proceed for another year or longer. Motion by Councilor Patton, seconded by Councilor Dirksen, to approve the Consent Agenda. 5.1 Receive and File: COUNCIL AGENDA - April 24, 2001 page 4 a. Council Goal Updates as of April 2001 5.2 Authorize the City Manager to sign the Statement of Intent and negotiate an Intergovernmental Agreement with Unified Sewerage Agency for the Integrated Water Resources Management (IWRM) Water Supply Feasibility Study 5.3 Enter into an Intergovernmental Agreement with Other Cities within Portland General Electric's Service Area to Conduct a Joint Review of Portland General Electric Franchise Fees - Resolution No. 01 -16 5.4 Approve the Proposed Annexation Work Plan and Study Scope for the Bull Mountain Area 5.5 Appoint David Cory, Bob Tinnin, Jan Gorsline and John Burtuille to the Tree Board - Resolution No. 01 - " 7 5.6 Authorize the Issuance of a Bond Anticipation Note to Provide Interim Financing for the Portion of the Dartmouth Local Improvement District Assessed to the Martins - Resolution No. 01 - 18 5.7 Approve a Resolution Declaring Tigard's Intent to Join the Oregon Public Employees' Retirement System Local Government Rate Pool -Resolution No. 01-19 The motion was approved by a unanimous vote of Council present: Council President Moore - Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - Yes 6. INTRODUCTION OF DAVID CORY, BOB TINNIN, JAN GORSLINE AND JOHN BURTUILLE AS TREE BOARD MEMBERS • Tree Board member Jan Gorsline was present and introduced to the City Council. Ms. Gorsline thanked the Council for the opportunity to serve on the Board and said that she looks forward to working with City staff. (Note - Senator Ryan Deckert arrived at 8:20 p.m. and the Council discussed issues with Senator Deckert at this time.) > Senator Deckert noted that the legislative committees are starting to close down. He said that commuter rail seems to be moving forward. He advised there is some discussion of a transportation package for road repairs and new project construction. Senator Deckert discussed K-12 funding as well as the need to address the amount owed to Federal government retirees. COUNCIL AGENDA - April 24, 2001 page 5 In response to a question from Councilor Scheckla, Senator Deckert noted that the proposal for a major league baseball stadium would be funded with lottery funds for a one-time economic development purpose. He noted if the stadium would come to pass, there would be a return on the money invested as it would help bolster the state income revenue base. 7. PHOTO RADAR CONTRACT APPROVAL NOTE: Item No. 7 was cancelled. A set over date to be determined. 8. PUBLIC HEARING TO CONSIDER A RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY PURCHASED FOR ACCESS TO THE MENLOR RESERVOIR a. Council President Moore opened the public hearing. b. Public Works Director Ed Wegner introduced the new Utility Manager Dennis Koelermeier Public Works Director presented the staff report on this agenda item, which is on file with the City Recorder. The issue before the Council was to approve the sale of developed property acquired for access to the Menlor Reservoir Site, located 13230 SW 154' Avenue. C. Public Testimony: There was no testimony. d. Council President Moore closed the public hearing. e. Motion by Councilor Patton, seconded by Councilor Scheckla, to adopt Resolution 01-20. RESOLUTION NO. 01-20 - A RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY PURCHASED FOR ACCESS TO THE MENLOR RESERVOIR. The motion was approved by a unanimous vote of City Council present: Council President Moore - Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - Yes 9. BUILDING UPDATE a. Planning Manager Dick Bewersdorff and Building Official Gary Lampella presented information to the City Council. (A copy of the PowerPoint slide presentation is on file with the City Recorder.) COUNCIL AGENDA - April 24, 2001 page 6 The presentation consisted of what the Building and Current Planning Divisions project for future construction in the City of Tigard, Urban Services Area, and Icing City. The presentation illustrated trends in single family, multi family, commercial and infill building activity. 10. CONSIDER AN ORDINANCE REVISION OF ORDINANCE 96-09 EXHIBIT "A" SECTION 10.060, REQUIREMENT CONTRACTS AND SECTION 70.010 PERSONAL SERVICE CONTRACTS a. Finance Director Craig Prosser reviewed the Staff Report, which is on file with the City Recorder. The issue before the City Council was a proposal to adopt a revision of the Purchasing Rules - AR 10.060 Requirement Contracts and AR 70.010 Personal Services Contracts - which would extend the term of the contracts to five years Instead of the current three-year period. b. Motion by Councilor Dirksen, seconded by Councilor Scheckla, to adopt Ordinance No. 01-02 ORDINANCE NO. 01-02 - AN ORDINANCE REVISION OF ORDINANCE 96-09 EXHIBIT "A" SECTION 10.060, REQUIREMENT CONTRACTS AND SECTION 70.010, PERSONAL SERVICE CONTRACTS The motion was approved by a unanimous vote of City Council present: Council President Moore - Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - Yes 11. CONSIDER AWARDING THE CONTRACT FOR AUDIT SERVICES TO PAULY, ROGERS AND COMPANY NOTE: Item No. 11 was set over to June 12, 2001. 12. CONSIDER A RESOLUTION TO AMEND THE PROCESS FOR APPOINTING NEW MEMBERS TO BOARDS, COMMITTEES, COMMISSIONS AND TASK FORCES a. City Manager Monahan presented the Staff Report on this agenda item. (A copy of the Staff Report is on file with the City Recorder.) The issue before the City Council was whether the City Council should revise the Board and Committee appointment process to allow appointment of alternates. Councilor Moore clarified that alternates would attend meetings but would not COUNCIL AGENDA - April 24, 2001 page 7 vote or be involved in decision making. City Manager Monahan advised that alternates would be offered any training that was made available to board and committee members. b. Coui-IJI consensus was that wording should be added that would indicate that the alternate would not be designated for a period exceeding two years unless the alternate reapplied and was designated again as an alternate. C. Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt Resolution No. 01-21, as amended. RESOLUTION NO. 01-21 - A RESOLUTION OF THE TIGARD CITY COUNCIL MODIFYING THE BOARD AND COMMITTEE APPOINTMENT PROCESS TO INCLUDE APPOINTING ALTERNATES The motion was approved by a unanimous vote of Council present: Council President Moore - Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - Yes 13. COUNCIL LIAISON REPORTS Councilor Patton will be attending an upcoming Portland City Council meeting at which time a proposed resolution will be reviewed to support a proposed regional water authority. Councilor Dirksen noted that a Transportation Financing Strategies Task Force Committee meeting was held recently. Councilor Moore also attended. The Task Force elected a chair and vice-chair. Discussion at this committee meeting included identifying viable funding sources. An interim report to the City Council is scheduled for August. 14. NON AGENDA ITEMS City Manager Monahan introduced a resolution to recognize Loreen R. Mills for 30 years of service to the City of Tigard. Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Resolution No. 01-22. RESOLUTION NO. 01-22 - A RESOLUTION RECOGNIZING LOREEN R. MILLS FOR THIRTY YEARS OF SERVICE TO THE CITY OF TIGARD COUNCIL AGENDA - April 24, 2001 page 8 The motion was approved by a unanimous vote of Council present: Council President Moore - Yes Councilor Dirksen - Yes Councilor Patton - Yes Councilor Scheckla - Yes Council meeting recessed at 9:29 p.m. Council meeting reconvened into the Study Meeting at 9:30 p.m. > STUDY MEETING (Continued) • Take the Time Washington County - A School District survey: City Manager Monahan advised that another meeting would be set to discuss the survey. This meeting would occur on May 21, 23 or 24. • Budget Committee Meeting/Youth Forum Meeting: City Manager noted that May 21, 2001, was reserved for a Budget Committee meeting (if needed). The meeting would be scheduled from 6:30 - 7:30 p.m. A Youth Forum meeting will be scheduled that same evening at 7:30 p.m. More information will be sent to the City Council. • Utility Billing Receipting Proposal: Finance Director Prosser reviewed the Staff Report, which is on file with the City Recorder. Mr. Prosser gave the City Council information on a proposal to contract with Clark Public Utilities to provide utility billing remittance processing. This proposal will be included in the Fiscal Year 2001-2002 proposed budget. • Meeting with Metro Councilor: City Manager reported that Metro Councilor Carl Hosticka requested to have a meeting with Councilor Moore or the Mayor or other Councilor on May 2, 3-4 p.m. The purpose is to view potential park property to be purchased by Metro in the Tigard area. Councilor Moore will attend the meeting. • Lottery Grant Applications: Two lottery grant applications have been filed. Determination of whether or not Tigard will receive grant funding will be known by the first of July. • Chamber Banquet: City Manager reminded City Council the Tigard Chamber of Commerce's Shining Stars Awards Banquet reservations are required by April 27, 2001. • Budget Committee - First Meeting: City Manager reminded City Council that the first Budget Committee meeting would be held on Monday, April 30, 2001, at 6:30 p.m. at the Tualatin Valley Fire at Rescue Building on Burnham Street. • Energy Crisis: City Manager Monahan reviewed the efforts by staff to resp: --d to the current energy crisis. Some lights will remain off and space heaters have Seen removed from employee work areas. COUNCIL AGENDA - April 24, 2001 page 9 No Council Meeting: City Manager reminded the City Council that there would be no City Council meeting next week. 15. EXECUTIVE SESSION: Canceled. 16. ADJOURNMENT: 9:55 p.m. City Recorder, Catherine Wh ley Attest: law yor, lty o Date: ".J U,yI 12 2C D / 1:ADM\CATHY\CCM\010424.D0C COUNCIL AGENDA - April 24, 2001 page 10 CITY OF TIGARD, OREGON AFFIDAVIT OF POS'T'ING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, depose an say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) 0 t - Q which were adopted at the Council Meeting dated a `~c, fl 1 copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ day of fm aL. , 20 b 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon r Subscribed and sworn to before me this day of may , 20 O/ . Notary Public for Oregon OFFICIAL SEAL (W EERA G ASTON My Commission Expires: /D NOTARY PUBLC-OREGON COMMISSION NO. 327908 MY Cf1MMISSION EXPIRES OCT. 10. CITY OF TIGARD, OREGON ORDINANCE NO.01- 0a AN ORDINANCE REVISION OF ORDINANCE 96-09 EXHIBIT "A" SECTION 10.060, REQUIREMENT CONTRACTS AND SECTION 70.010 PERSONAL SERVICE CONTRACTS WHEREAS, The City Council approved Ordinance 96-09 on February 27, 1996, which established purchasing rules of the Local Contract Review Board, and WHEREAS, Section 10.060 of such rules sets forth policy of Requirements Contracts, and Section 70.010 of such rules sets forth policy of Personal Service Contracts, and WHEREAS, The City Council finds it desirable to extend the contract term "not to exceed five years" for Requirement Contracts and add a contract term "not to exceed five years" for Personal Service Contracts. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council, acting as the Local Contract Review Board, does hereby amend Ordinance 96-09 as shown in the attached Exhibit "A". SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By (1 NML~tlSvote of all Council members present after being read by number and title only, this 0day ofA DL_i L 12001. rad'!A,~ cc Qc Catherine Wheatley, City Recorder W ,f L ---12001. APPROVED: By Tigard City Council this D day of ILA Brian Moore, Council President Appr Veda as to form: Ci y Attorne zf- / ZI o I DATE ORDINANCE No. 01- Da Page 1 EXHIBIT "A" AR 10.050 Requirements Contracts The City may enter into requirements contracts whereby it is agreed to purchase requirements or an anticipated need at a predetermined price providing the following conditions are complied with: a. The contract must be let by competitive bidding pursuant to the requirements of Chapter 279, Oregon Revised Statutes and applicable rules of the City's Local Contract Review Board. b. The term of the contract including renewals does not exceed three fine years c. Emergency purchases declared pursuant to ORS 279.015(5) and AR 80.010 AR 70.010 Personal Services Contracts Personal service contracts are not, according to the defmition of "public contract" in ORS 279.011(5,) subject to the competitive bidding provisions of ORS Chapter 279. Pursuant to ORS 279.051(2), this rule describes a method for distinguishing between personal service contracts and public contracts, particularly service contracts, and provide examples of contracts or classes of contracts which are or are not personal service contracts. a. The term of the contract inciuditrg- renewals does not exceed five nears. 2. The City may, subject to an analysis and determination of appropriateness in accordance with subsection (2)(a) through (c) of this rule, enter into a personal service contract with an independent contractor without competitive bidding under ORS Chapter 279 when the City needs to have a service performed which requires the contractor to exercise a high degree of technical skill or professional judgment and expertise: a. The nature of the tasks to be performed, the needs of the City, and the interests of the public form the basis for distinguishing between personal service contracts and public contracts. Hence, if. (1) The City requires a product or service for which the City has developed or is reasonably able to develop, respectively, adequate design and/or performance specifications; and (2) Selecting a contractor on the basis of lowest price would be likely to meet the City's needs, then the tasks should be performed pursuant to a public contract let in accordance with competitive bidding provisions of ORS Chapter 279. Conversely, if the City is reasonably unable to develop adequate design and/or performance specifications but must instead have the assistance of the contractors training, knowledge, and expertise to develop a scope of work statement and selecting the contractor on the basis of lowest price would be unlikely to meet the City's needs, then the tasks would most appropriately be performed under a personal service contract. Such a personal service contract should be entered into in accordance with the provisions, as the case may be, of ORS 291.021 or 279.712(2). In determining whether the City's needs will be met through award of a personal service contract rather than a public contract, the City should consider whether selecting the contractor on the basis of qualifications rather than lowest price will result in the City obtaining the best value for its money. b. A personal service contract is appropriate where the contract is awarded primarily on the basis of the contractors qualifications, including but not limited to, such criteria as experience, training, knowledge and expertise, technical skill, creativity, artistic ability, performance history, and demonstrated ability to exercise sound professional judgment. Price will be, at most, a secondary criterion for awarding a personal service contract. C. A personal service contract is not appropriate where price is or should be the primary selection criterion. A public contract, in contrast to a personal service contract, will be awarded primarily on the basis of price; criteria such as experience, training, knowledge and expertise, technical skill, creativity, artistic ability, performance history, and demonstrated ability to exercise sound professional judgment, which may be taken into account during the selection process, will be of only secondary importance. Unless otherwise statutorily excepted, a public contract must be awarded based on: (1) Competitive bidding pursuant to ORS 279.015(1); or (2) An alternative competitive process under ORS 279.015(2)(3). 3. Personal service contracts may include, but are not limited to, the following: a. Contracts for services performed as an independent contractor in the professional capacity, including but not limited to the services of an accountant; attorney; architectural or land use planning consultant; physician or dentist; registered professional engineer; appraiser or surveyor; aerial photographer; timber cruiser; broadcaster; or data processing consultant. b. Contracts for services as an artist in the performing or fine arts, including but not limited to photographer, filmmaker; painter; weaver; or sculptor. C. Contracts for services of a specialized creative and research oriented, noncommercial nature. d. Contracts for services as a consultant. C. Contracts for educational and human custodial care services. 4. The following are NOT personal service contracts: a. Contracts, even though in a professional capacity, if predominately for a product, e.g., a contract with a landscape architect to design a garden is for personal services, but a contract to design a garden and supply all the shrubs and trees is predominately a tangible product. b. A service contract, including a contract with a temporary service or personnel agency, to supply labor which is of a type that can generally be done by any competent worker, e.g., data entry, key punch, janitorial, security guard, crowd management, crop spraying, laundry, and landscape maintenance service contracts. C. Contracts for trade related activities considered to be labor and material contracts. d. Contracts for services of a trade-related activity, to accomplish routine, continuing, and necessary functions, even though a specific license is required to engage in the activity. Examples are repair and/or maintenance of all types of equipment or structures. AGENDA TIGARD CITY COUNCIL STUDY MEETING P tr IL L-t, ZUV I - 0:3v p.m. The Study Meeting is held in the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Council may move the Study Meeting to the Town Hall. > EXECUTIVE SESSION: The Tigard City Council will go Into Executive Session to discuss labor relations, real property transaction negotiations, and current/pending litigation under ORS 192.660 (d) (e) and (h). All discussions within this session are confidential; therefore those present may disclose nothing from this meeting. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. No executive session may be held for the purpose of taking any final action or making any final decision. Executive sessions are closed to the public. > ADMINISTRATIVE ITEMS: 0 Metro Councilor Carl Hosticka - request to have a meeting with Councilor Moore (or Mayor or other Councilor) - May 2 - 3-4 p.m. - view property with Councilor Hosticka, State Representative Max Williams, County Chair Tom Brian.. 0 Tonight's Meeting: Mayor will sign the proclamation for "Be Kind to Animals Week" Items No. 7 and I 1 have been removed from the agenda --Non Agenda Item (No. 14) - Proposed resolution recognizing 30 years of service - Loreen R. Mills. Senator Deckert 8i Representative Williams scheduled to visit with Council during the Business Meeting. If audience members want to ask a question, the staff greeter will give them a card to write down their question and the Council President will read the question. 0 Take the Time Washington County Update 0 Update: Two lottery grant applications have been filed. 0 Budget Press Release distributed to the City Council. 0 Regional Water Update - (Information distributed) 0 Reminder - Budget Committee Meeting on Monday, April 30, 6:30 p.m. at the TVFaXR station on Burnham. 0 271 Annual Shining Stars Awards Banquet - (Tigard Chamber) - reservations required by April 27. 0 Mayor's schedule.... 0 Craig Prosser Memo regarding HB 2934 - hotel/motel tax. (Memo distributed to Council) 0 Metro - reorganizingtredistricting - (information distributed) B Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session In certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which Is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (e) - Real property transaction negotiations. 192.660 (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (k)- Relates to health professional regulatory board. CITY OF TIGARD PRESS RELEASE 13125 SW Hall Blvd. Tigard, Oregon 97223 City Manager Proposes FY 2001-02 Budget For Immediate Release Tuesday, April 24, 2001 Contact: Craig Prosser City of Tigard 503-639-4171, ext. 345 Tigard City Manager Bill Monahan will present his proposal for FY 2001-02 City spending to the Tigard Citizens' Budget Committee on Monday evening, April 30, at 6:30 p.m. Monahan will propose a total City Operating Budget of $25.9 million, 4.3% higher than the current fiscal year. The Operating Budget includes money to pay for City staff, supplies, and operational equipment. The proposed budget also includes a little over 10 additional positions. These new positions include staff for increased support of City computers and the City Web page, increased maintenance of City rights-of-way, maintenance of City water facilities and parks, and increased support for building permit issuance and planning, and central administrative support. In addition to the Operating Budget, Monahan is also proposing $10.4 million for capital improvement projects. Capital improvement projects include construction of new and improved roads, water facilities, and the first phase of a three-phase project of improvements at Cook Park. Monahan identified several issues that helped to shape his budget proposal. These issues include the recent annexation of previously unincorporated areas completely surrounded by City boundaries which are now receiving City services; development of an annexation policy for other unincorporated areas such as Bull Mountain; responding to changes in building activity and the demand for City building permits; continued progress towards building a new City library; continuing work to secure a long-term water supply; the need for a secure funding source for road improvements; and continuing uncertainty about the status of Measure 7 or a successor property-reimbursement proposal. Copies of the Proposed Budget are available at the City Finance Department, located at 8777 SW Burnham Street, Tigard. The. Citizens' Budget Committee is made up of the five members of the Tigard City Council plus an equal number of citizens appointed by the Council. The Budget Committee will consider this proposal in three meetings scheduled for April 30, May 7, and May 14, starting at 6:30 p.m. each evening. Meetings will be held in the Community Room at the Tualatin Valley Fire and Rescue station located at 8935 SW Burnham Street. The public is welcome at these meetings. After the Citizens' Budget Committee approves the budget, it then goes to the City Council on June 12 for consideration. The budget takes effect on July 1, 2001. Page 1 of 1 1AADMIPRESS RELEASESIBUDGET PROPOSAL 2001-02.DOC MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and ity Council Members f FROM: Bill Monahan DATE: April 24, 2001 SUBJECT: Portland Regional Water Resolution Tomorrow, April 25, 2001,.the Portland City Council will take action on the attached Resolution which proposes the formation of a regional water entity. This is a follow up to information that was provided to you by Ed Wegner. The Resolution calls for Commissioner Erik Sten to report to the full Portland City Council no later than September 15, 2001, regarding the possible formation of a regional water entity. Our Council liaison and staff will likely receive information soon on upcoming meetings where discussion of this proposal will take place. Council will be briefed on a regular basis. aft c: Cathy Wheatleyfl~ MADMIBILLWEMM-ORTLAND REGIONAL WATER RESDOC FROM i F-L" I LHNU WH I tM liUlttHU t lw.$ U." b2.5! eWW 1. 40-4 - 1'y It. I lob M fU-4 t'. 101 ~ YJ.! Erik Sten. Commissioner o+ °cc CITY OF Michael F. Rosenberger, Administrator % ~ro 1120 S.W. 5th Avenue POIRTIr A l" OREGON Pi Oregon 97204 Irdamrltiatind. c~n (503) 823-?404 s BUREAU OF WATER WORDS _ J 7D x (503) 823-saes April 19, 2001 To: Regional Water Agencies From: Mike Rosenberger RE: Regional Water Resolution Before Portland City Council On March 6`n at a work session the Portland City Council discussed the possibility of the formation of a regional water entity. The Council was very supportive of the concept, understanding the Water Bureau would be part of that entity. Commissioner Sten was aske t by the Council to come back with a Rewlution whereby they could formally and publicly state their support. The attached Resolution will be filed today and acted upon by Council next Wednesday April, 25, 2001 at 9:30 a.m. time certain, in Council Chambers. Please feel free to attend and speak to the Council if you're so inclined. Please don't hesitate to call if you have questions. An Equal Opportunity Employer . MUM s h'I.. I LF.NU WH I LH SUREHU bI03 627. 6133 Lb101 . 104 - 1 y l b 9 IOb a eU4 W. IOG/o s YMSOLU110N No. Endorse the development of a regional water entity that would include the Portland Water Bureau and direct the Commissioner mr -Charge and the Water Bureau to work with metropolitan area elected officials and water agencies to study the interest'in, atxt feasibility of, creation of such an entity, and report to the Council no later than September 15, 2001. The City of Portland ordains: Whereas, the Portland Water Bureau has provided high quality drinking water to residents of both the City of Portland and other cities and special water districts in the Portland metropolitan area for over 82 years; and where", in 1979, nineteen cities and water districts signed 25-year wholesale contracts for the purchase of water from the City of Portland; and Whereas, the Portland Water Bureau now provides drinking water for over 840,000 Oregonians; and Whereas, in 1989, the Water Bureau began discussions with the metropolitan area water providers as to how they alight work together to plan for future long term water supply and transmission needs; and Whereas; in.1993 the regions' water providers jointly funded a series of studies and plans to meet future needs, and elected officials approved the resulting Regional Water Supply Plan in 1996; and Whereas; in 1996, the region's elected officials formed and serve on the Regional Water Supply Consortium to guide water supply planning, and Whereas; in 1997 the Water Bureau also began preliminary discussions with its wholesale customers to develop new long tern wholesale contracts; and Whereas; for some time, and in several forums, there have also been discussions in the region about the feasibility of the formation of one or more regional water authorities, or similar entities; and Whereas; the Portland metropolitan area has adequate, high quality water resources to meet the needs of fish, people and the environment; however the region lacks sufficient storage and transmission to develop these resources in the most efficient, effective manner, and Page 1 of 2 . . FROM SPORTLAND WATER BUREAU S03 623 6133 2001.04-19 16=06 9764 P.04/0-i J Whereas; the competing demands for water resources for municipal and industrial needs, the lieung of threatened and endangered species, the designation of in-stream flow r&luirements, increasingly expensive treatment mandates, stringent water quality regulations and unprecedented growth, make it incumbent on all water utilities to maximize the: use of the best water sources as efficiently as possible; and Whereas; developing these resources in atmore coordinated regional manner will provide far greater benefits to the region's citizens than a series of individual water development projects; and Whereas; it may be easier, less costly, and obtainable in a more timely manner, if-the institutional framework for pursuing these resources were within one operational'regional entity; Whereas; the Commissioner-ln- Charge of the Water Bureau has briefed the Council on these issues and ideas, and the Council is fully supportive of pursuing further work in this arena; NOW THEREFORE, BE IT RESOLVED THAT: 1. The Commissioner-In-Charge of the Water Bureau is directed to work with other elected officials in the region to identify and analyze alternative institutional and governmice arrangements for water utilities; 2 The Water Bureau is directed to provide stall' assistance to the Commissioner-In-Charge and to work jointly with managers and staff of other water utilities. in the pursuit of preferred alternatives; AND BE IT FURTHER RESOLVED THAT: 1. Tlr Commissioner-in-Charge will report back to. the Council and other elected officials and water utilities in the region with their jointly developed preliminary amessment no later than September 15, 2001. Adopted by the Council, Commissioner Erik Sten Jeanne Weune April 19, 2¢01 Page 2 of 2 GARY BLACKMER Auditor of the City of Portland E MEMORANDUM TO: Bill Monahan, City Manager FROM: Craig Prosser, Finance Director RE: HB 2934, A bill which adopts a statewide hotel/motel -tax and pre- empts new or increased local hotel/motel taxes DATE: April 24, 2001 HB 2934 was heard by Committee in the Legislature today. This bill establishes a statewide hotel/motel (transient lodgings) tax and dedicates the proceeds of that tax to "tourism promotion". This bill also pre-empts any new or increased hotel/motel taxes unless approved by a vote of the people and unless it is dedicated to tourism promotion. Tigard does not have its own hotel/motel tax. Tigard shares in the Washington County hotel/motel tax. The hotel/motel tax is collected by Washington County and distributed to all participating jurisdictions. The County rate is 7% of which the City receives about one third of the amount collected in the City limits. The City expects to receive about $320,000 from this tax in FY 2001-02, down from $365,000 in FY 1998-99. The hotel/motel is a resource to the City's General Fund. The General Fund supports Police, Parks, and Community Development activities, among others. This bill pre-empts Tigard from ever adopting a local hotel/motel tax and it prevents any increases in the Washington County tax shared by Tigard (unless approved by voters and dedicated to tourism promotion). The philosophy behind this bill appears to be that the hotel/motel tax should only be used for marketing, brochures and advertisements, which bring more tourists into the state or city, and therefore customers to hotels and motels. It ignores the role that safe and healthy communities play in creating clean, safe, and attractive places to visit. It also fails to recognize the costs to a local community in hosting out of town visitors - from traffic enforcement, crime prevention and enforcement, and maintenance of clean and safe parks and public facilities. The bill seems to assume that costs generated by these out-of-town visitors should be paid for entirely by local residents. 600 NOR T11 E AS T GRAND AVENUE I PORTLAND. OREGON 97232 7 736 T E L S 0 3 7 9 7 1 7 0 0 F A X 5 0 3 7 9 7 1 7 9 7 April 19, 2001 The Honorable Jim Griffith City Of Tigard 13125 SW Hall Blvd Portland OR 97223-8144 Dear Mayor Griffith: III ~ METRO Copies to: / Mayor/Council V City Manager Council File L! RECEIVED C.O.T. APR 2 3 2001 Administration Other: In November 2000, the citizens of the region approved Ballot Measure 26-10, authorizing a change in the structure of the Metro elected leadership. The new structure replaces the current Executive Officer elected region-wide and seven member Council with a regionally elected Council President and six Councilors elected by district. The Metro Code requires Metro to establish new Council districts within 90 days of receiving official census data from the federal government. This data arrived at Metro on March 15, 2001. A Council Reapportionment Task Force, composed of council members whose terms expire in 2005, is drafting a reapportionment proposal. The Council and Executive Officer appointed a Citizen Review Committee, composed of 16 community members, to provide advice to the task force. The Metro Council is scheduled to consider a recommendation from the Task Force in early June, 2001. Metro is holding a series of four public hearings on the draft reapportionment plan: Wednesday, May 2, 2001, 5:30 p.m. Tualatin Valley Fire & Rescue - East Division Fire Station 624 7`h Street, 2nd Floor, Oregon City Thursday, May 3, 2001, 3:30 p.m. City of Gresham Council Chamber 1333 NW Eastman Pkwy, Gresham Tuesday, May 8, 2001, 5:30 p.m. Beaverton City Hall First Floor Conf. Rm. 4755 SW Griffith Drive, Beaverton Thursday, May 10, 2001, 2 p.m. Metro Council Chamber 600 NE Grand, Portland If possible, please announce the hearings at your upcoming public meetings to alert your citizens, fellow elected officials and appropriate staff about the Metro reapportionment process. The draft maps will be available for viewing at Metro's website at www.metro-region.org beginning on Monday, April 24, 2001. For more information, contact John Donovan at the Metro Council Outreach Office, (503) 797-1942 or ,-----via e-mail, donovani@metro.dst.or.us. Sincerely, \'\~_Davtd Bragdon v Rod Monroe Presiding Officer Reapportionment Task Force Chair Re, y, Ied P, 1, e, -metro regionOrg T D D 7 9 7 1 8 0 4 _9 S rLt6.Lj AGENDA ITEM # -Mee-tin FOR AGENDA OF Apri124,20M CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update - Paperless Council Agenda Meeting Packets PREPARED BY: Cathy Wheatley,-- DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Councilor Moore will report on his experience with the Paperless Agenda Meeting Packets. STAFF RECOMMENDATION Proceed with Paperless Agenda Meeting Packets with the next step to place the packet on the City's web page for public access and set up laptop computers for those Councilors who want to participate. INFORMATION SUMMARY Administration and Network Services staff, along with consultant Rick Gates, have worked to develop a process to provide a Paperless Agenda Meeting Packet. Councilor Moore has been utilizing a Paperless Agenda Meeting Packet since the April 10, 2001, Council meeting and he will report to the Council what his experience has been. If the Council determines that staff should continue to develop the Paperless Agenda Meeting Packets, then staff will proceed to set up the laptop computers and provide computer discs containing the Council packet agenda and support material by May 15, 2001, for those Councilors who wish to participate. Staff will also proceed to do what is necessary to post the Agenda Meeting Packets on the City's web page. Eventually time and cost savings may be realized because we will significantly reduce the number of paper copies we currently provide to the Council, public, staff, and media. Staff believes the primary benefit will be the increased accessibility to Council packet information for the public and staff. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character & Quality of Life: Communication Goal - Citizen involvement opportunities will be maximized by providing education programs on process, assuring accessibility to information in a variety of formats, providing input on community issues and establishing and maintaining two-way communication. Strategy No. 3: Encourage public participation through accessibility and education. ATTACHMENT LIST None. .d FISCAL NOTES Consultant costs: $ 2,500 (estimated and included in Network Services Budget) Equipment costs: 13.000 (five laptop computers and a scanner; funds are budgeted in the Total $ 15,500 Network Services Budget). IAADM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIES\PAPERLESS COUNCIL DEMO BY MOORE.DOC s+u dj~ AGENDA ITEM # ME-P-T n FOR AGENDA OF April 24, 20 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Study Session Utility Bill Receipting Proposal PREPARED BY: Tom Imdieke DEPT HEAD OK CITY MGR OK f 1 r " ~ ISSUE BEFORE THE COUNCIL Informational briefing on a proposal to contract for receipting of utility bills. This will be in the FY 2001-02 Pro osed Budget. STAFF RECOMMENDATION Information only. INFORMATION SUMMARY This will be an informational briefing on a proposal to contract with Clark Public Utilties to provide utility billing remittance processing: The major benefits of the contract would be: • Avoid future investments in equipment. • Eliminate need for additional staff in the Utility Billing Section to meet increased volume. 0 Enhances staff ability to research customer accounts and respond to customer inquiries. Allows staff to continue posting of payments to customer accounts and deposit in the bank on the same day they are received. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Memo on proposal from Tom Imdieke to Craig Prosser. FISCAL NOTES Information briefing only at this time. Current proposal would cost approxmiately $17,000 per year with $8,200 in intial setup fees. 1, 4 Scarc6 I Sti-tWE's 4® c-vet® eta[ Assets Search Institute has identified the following building blocks of healthy development that help young people grow up healthy, caring, and responsible. Support 1. Family support-Family life provides high levels of love and support. 2. Positive family communication-Young person and her or his patent(s) communicate positively, and young per- son is willing to seek advice and counsel from parents. 3. Other adult relationships-Young person receives sup- port from three or more nonparent adults. 4. Caring neighborhood-Young person experiences car- ing neighbors. 5. Caring school climate-School provides a caring, encouraging environment. 6. Parent involvement in schooling-Parent(s) are actively involved in helping young person succeed in school. Empowerment 7. Community values youth-Young person perceivcs that adults in the community value youth. 8. Youth as resources--Young people are given useful roles in the community. 9. Service to others-Young person serves in the commu- nity one hour or more per week. 10. Safety Young person feels safe at home, school, and in the neighborhood. Boundaries and Expectations 11. Family boundaries-Family has clear rules and conse- quences and monitors the young person's whereabouts. 12. School boundaries-School provides clear rules and consequences. 13. Neighborhood boundaries-Neighbors take responsi- bility for monitoring young people's behavior. 14. Adult role models-Parent(s) and other adults model positive, responsible behavior. 15. Positive peer influence Young person's best friends model responsible behavior. 16. High expectations-Both parent(s) and teachers encourage the young person to do well. Commitment to Learning 21. Achievement motivation-Young person is motivated to do well in school. 22. School engagement-Young person is actively engaged in learning. 23. Homework-Young person reports doing at least one hour of homework every school day. 24. Bonding to school-Young person cares about her or his school. 25. Reading for pleasure-Young person reads for pleasure three or more hours per week. Positive Values - 26. Caring-Young person places high value on helping other people. 27. Equality and social justice-Young person places high value on promoting equality and reducing hunger and poverty. 28. Integrity-Young person acts on convictions and stands up for her or his beliefs. 29. Honesty-Young person "tells the truth even when it is not easy." 30. Responsibility-Young person accepts and takes per- sonal responsibility. 31. Restraint-Young person believes it is important not to be sexually active or to use alcohol or other drugs. Social Competencies 32. Planning and decision malting-Young person knows how to plan ahead and make choices. 33. Interpersonal competence-Young person has empathy, sensitivity, and friendship skills. 34. Cultural competence-Young person has knowledge of and comfort with people of different cultural/racial/eth- nic backgrounds. 35. Resistance skills-Young person can resist negative peer pressure and dangerous situations. 36. Peaceful conflict resolution-Young person seeks to resolve conflict nonviolently. Constructive Use of Time 17. Creative activities-Young person spends three or more hours per week in lessons or practice in music, theater, or other arts. 18. Youth programs-Young person spends three or more hours per week in sports, clubs, or organizations at school and/or in the community. 19. Religious community-Young person spends one or more hours per week in activities in a religious institu- tion. 20. Time at home-Young person is out with friends "with nothing special to do" two or fewer nights per week. Positive Identity 37. Personal power-Young person feels he or she has control over "things that happen to me.' 38. Sclf-esteem-Young person reports having a high self- ell . 39. Sense of purpose-Young person reports that "my life has a purpose." 40. Positive view of personal future-Young person is optimistic about her or his personal future. 7irc 1Mp® ncC- ofIncrc-asing 1lssE*s Based on Search Institute research with nearly 100,000 6th- to 12th-grade youth in hundreds of communitic across the country,' these charts show how youth with more assets are much more likely to be involved in healthy behaviors and much less likely to be involved in high-risk behavior patterns. Percentage of Youth Involved in Risky Behaviors too too 100 90 90 90 80 80 80 70 61% 70 70 60 60 60 53% 50 50 50 40 35% 40 33% 4o- 30 30 30 306 20 J 2t% 16% 20 20 10 6% 10 10% 10 11% 3%. 3% 0 0-10 11-20 21-30 31-40 0 0-10 11-20 21-30 31-40 0 0-10 11-20 21-30 31-40 assets assets asses duets assets asses assets duets assets assets assets assets Violence Sexual intercourse Alcohol use Percentage of Youth Involved in Healthy, Thriving Behaviors 10o 100 100 90 90 90 87% 80 80 80- 70-- 70 70 • 69% 60 60 53% 60 53% 50 43% 50 50 40 40 35% 40 34% 30 29% 30' 30 20 15% 20 19% 20 7% - MJ I - 10 6% 10 10- 0 0-10 11-20 21-30 31-40 0 0-10 11-20 21-30 31-40 0 0-10 11-20 21-30 31-10 assets assets assets assets assets 'assets assets assets assets assets assets ' assets Resists danger Succeeds in school Values diversity Definitions of High-Risk Behavior Patterns Violence Has engaged in three or more acts of fighting, hitting, injuring a person, carrying or' using a weapon, or threatening physical harm in the past 12 months. Sexual intercourse: Has had sexual intercourse three or more times in lifetime. Problem alcohol use: Has used alcohol three or more times in the past 30 days or has gotten drunk once or more in the past two weeks. Definitions of Thriving Indicators Resists danger: Avoids doing things that are dangerous. Succeeds in school: Gets mostly As on report card. Values diversity- Places high importance on getting to know people of other racial/ethnic groups. AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : April 24, 2001 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED S~= h~,=• •x.76 I VISITOR'S AGENDA Page 1 AGENDA ITEM # FOR AGENDA OF Auri124 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion with State Senator & an Deckert and State R resentative Max Williams CITY MGR OK ' t PREPARED BY: Cathy Wheatley DEPT HEAD OK ISSUE BEFORE THE COUNCIL On April 24, 2001, the City Council will have an opportunity to discuss issues of interest to the City of Tigard with State Senator Ryan Deckert and State Representative Max Williams. STAFF RECOMMENDATION Identify issues of interest or concern to Senator Deckert and State Representative Williams INFORMATION SUMMARY Senator Deckert and Representative Williams have agreed to meet with the with the City Council on a regular basis during the 2001 Legislative Session. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life - Communication. Goal - Citizen involvement opportunities will be maximized by providing educational programs on process, assuring accessibility to information in a variety of formats, providing opportunities for input on community issues and establishing and maintaining two-way communication. ATTACHMENT LIST No attachments. FISCAL NOTES None I:WDM\CITY COUNCIUCOUNCIL AGENDA ITEM SUMMARIESIDECKERT - WILLIAMS - APRIL 24-01.DOC d Agenda Item No. 3 Meeting of__ , au awl PROCLAIMATfONI Be Kind to Animals Week WHEREAS, Oregonians benefit tremendously from our animal friends, who give us companionship and great pleasure in our daily lives; and WHEREAS, we have a firm responsibility to protect these fellow creatures from need, pain, fear and suffering; and WHEREAS, we recognize that teaching attitudes of kindness, consideration and respect for all living things through humane education In the schools and the community helps to provide the basic values on which a humane and civilized society is built and WHEREAS, we are deeply Indebted to the Oregon Humane Society for 133 years of invaluable service in caring for homeless animals, instilling human values in our children through education programs, and promoting a true working spirit of kindness and consideration for animals in the hearts and minds of all people; and WHEREAS, we depend g'eady upon our animal control agencies, veterinarians and other organizations that provide humane care for animals; and WHEREAS, May 6 - 12, 2001 is set aside to observe nationally the philosophy of kindness to animals. NOW THEREFORE BE IT RESOLVED THAT I, Mayor James Griffith of the City of Tigard, Oregon, do hereby proclaim the week of May 6 12, 2001 as Be Kind to Animals Week in Tigard, Oregon and urge our citizens, businesses and organizations to join in this observance. Dated this day of , 2001. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. James Griffith, Mayor Oty of Tigard Attest: City Recorder a AGENDA ITEM # FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 5.1 a. April 24, 2001 ISSUE/AGENDA TITLE Council Goal Update PREPARED BY: G. Gaston and C.Wheatley DEPT HEAD OK CITY MGR OK ~~VW/ ` ISSUE BEFORE THE COUNCIL Update on the progress of the Council goals for the first quarter of 2001. STAFF RECOMMENDATION Receive and file the update. INFORMATION SUMMARY Attached are brief summaries of the progress made in the first quarter of 2001 on the Council goals developed by the Council in January 2001. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning goals are identified throughout the goals and tasks developed by the City Ccuncil. FISCAL NOTES N/A I:\ADM\CITY COUNCIL\COUNCIL AGENDA ITEM SUMMARIES\COUNCIL GOAL UPDATE - END 2000.DOC 2001 Tigard City council Goals April 2001 Update Goa( I Transportation. Staff Responsible: Jim Hendryx and Gus Duenas Continue the City's Transportation Improvement Program: a. Complete the City Transportation System Plan, discuss funding mechanisms and initiate implementation. b. Support and promote commuter rail. c. Develop a fixed route bus program for Tigard intra-city service. d. Revisit Transportation Improvement Projects (the 2000 bond measure) and potential funding sources. e. Promote resolution of 99W issues (and other state owned facilities in Tigard). Tasks: 1. Reconstitute the Bond Measure Task Force. 2. Review the bond measure options. 3. Discuss alternative funding solutions 4. Work with Washington County to promote funding of commuter rail. 5. Address issues of Hwy 99W with ODOT and raise issues to the 2001 legislature. 6. Continue to improve pedestrian/pathway connections. 7. Review the need for sidewalk and street lighting improvements, even on trails. 8. Implement the City Transportation Improvement Program. 9. Promote opportunities to travel through the City of Tigard without accessing Hwy 99W. April 2001 Goal Update Page 1 I:XADM\CITY COUNCIMOALS\ OOMOALS APRIL UPDATE.DOC April 2001 Continue the City's Transportation Improvement Program a. Complete the City Transportation System Plan, discus funding mechanisms and initiate implementation. The Planning Commission Hearing was conducted on February 5, 2001. Planning Commission approved the TSP and recommended that it be forwarded to City Council. Planning staff is keeping a comment log on the TSP, which is currently in draft version pending comments and public hearing before adoption. Once all the comments have been received, all revisions to the draft plan will be made and a final version will be published with relevant comments incorporated. The TSP workshop with City Council was conducted on March 20, 2001. DKS, the TSP consultant, made a presentation, answered questions from Council, and received comments from Councilors regarding various aspects of the Plan. Councilors were concerned about the lack of intra-City bus service and wished to have that emphasized in the TSP. The impact of Measure 7 is still to be ascertained. There will be consultation with the City Attorney's office on the ramifications of adopting the TSP, but not moving to revised the Municipal Code until later. The timing for adoption of the TSP will be reviewed periodically during the next few months as these discussions with the City Attorney and City Council continues. b. Support and promote commuter rail. A resolution of support from the Tigard City Council, and letters of support from the Tigard Chamber of Commerce, Tigard Central Business District Association and its Board Members, have been sent to the Governor and key Legislators. C. Develop a fixed route bus program for Tigard intra-city service. Working with the Westside Transportation Alliance, an additional year of funding has been awarded to continue the Access to Work program into 2003/2004. Washington County received federal funding to expand the Transit Choices for Livability program in the County. Staff continues to work with the County and the Westside Transportation Alliance to increase transit options in Tigard. Correspondence has been sent to Tri-Met requesting detailed information on the April 2001 Goal Update Page 2 I:\ADM\CITY COUNCIL\GOALS\2001\GOALS APRIL UPDATE.DOC Correspondence has been sent to Tri-Met requesting detailed information on the amount of transit taxes paid by businesses within the community vs. the level of transit service received. d. Revisit Transportation Improvement Projects (the 2000 bond measure) and potential funding sources. City Council passed Resolution 01-06 appointing a Transportation Financing Strategies Task Force to re-evaluate the bond package, determine what went wrong with the bond issue and make recommendations to City Council for future funding strategies. The first meeting of this Task Force is scheduled for April 19, 2001. The Task Force will be presenting periodic progress reports every quarter. Major transportation improvements, safety projects, and traffic calming measures will continue to be incorporated in the yearly Capital Improvement Program subject to the availability of funding. e. Promote resolution of 99W issues (and other state owned facilities in Tigard) Staff continues to coordinate with the Oregon Department of Transportation on the level of improvements needed on 99W and other state owned facilities. Opportunities for grant funding is being evaluated to further peruse this effort. April 2001 Goal Update Page 3 IAADKCITY COUNCIL\GOALS\2001 \GOALS APRIL UPDATE.DOC Goal 2 Provide recreational opportunities. Staff Responsible: Jim Hendryx Tasks: 1. Develop and define a strategy to provide recreation opportunities for all citizen needs including: a. Programs b. Facilities c. Activities 2. Evaluate the need for a separate Parks and Recreation Committee. April 2001 Many organizations are attempting to fill voids in recreation opportunities for youth in Tigard. On February 27, 2001, Mayor Griffith hosted a Tigard Youth Forum. The idea was to brainstorm what services are being provided now for youth and what additional services are needed. The main theme seemed to be buses and rooms for programs are available from the schools, however, funding is the issue. A discussion was held about forming a Youth Advisory Committee. A Steering Committee is working on this formation. April 2001 Goal Update Page 4 I:\ADM\CITY COUNCIL\GOALS\2001\GOALS APRIL UPDATE.DOC Coal 3 Support the efforts of the Tigard Central Business District Association (TCBDA) and their plan to revitalize the downtown. Staff Responsible: Jim Hendryx Tasks: 1. Assist in getting funding for implementation of the TCBDA downtown program. 2. Determine the level of City financial support to the revitalization effort. 3. Review development code requirements that affect the downtown (i.e., parking, etc.). April 2001 a. Assist in getting funding for implementation of the TCBDA downtown program. TCBDA, with financial assistance from Tigard, has contracted with the Oregon Downtown Development Association (ODDA) to evaluate and pursue funding options. TCBDA has evaluated options and is pursuing creating Economic and Business Improvement Districts to support their revitalization efforts. A preliminary budget has been established, assessments determined, and the program developed. Funding for the program would come from a variety of sources including property and business owners and the City. Presentations have been made before the CIT, City Council and business and property owners outlining the accomplishments of TCBDA and the proposed revitalization program. A public hearing to enable the City to establish an Economic Improvement District and a Business Improvement District is scheduled before City Council on April 10, 2001. Public hearings to create the Economic Improvement District are tentatively scheduled in June and July of 2001. b. Determine the level of City financial support to the revitalization effort. Establishment of an Economic Improvement District and Business Improvement District (EID/BID) would establish the level of support from the City. The City's preliminary contribution towards the EID/BID would be approximately $26,667 per year. April 2001 Goal Update Page 5 IAADM\CITY COUNCIL\GOALS\2001\GOALS APRIL UPDATE.DOC C. Review development code requirements that affect the downtown (i.e., parking etc.). Prior to voter approval of Measure 7, staff working with TCBDA proposed to modify the parking standard for businesses along Main Street. Conversion of existing buildings to uses requiring more parking would not be required to provide the additional off-street parking. The Planning Commission considered the amendment and voted unanimously in support of the amendment. Furthermore, new buildings replicating the square footage of existing buildings would not be required to provide off-street parking. Entertainment businesses would be excluded from these provisions. Measure 7 delayed further action on this amendment. April 2001 Goal Update Page 6 I:\ADM\CITY COUNCIMOALSX200MOALS APRIL UPDATE.DOC Goal 4 Continue to implement the City Park Master Plan. Staff Responsible: Tim Wendryx Tasks: 1. Apply funding to the plan. 2. Urge that Washington County establish a Parks Systems Development charge for the Tigard Urban Services area. 3. Complete the Summerlake Park plan. 4. Update the City Park master plan elements as land is added to the City system. 5. Continue to implement the Cook Park master plan. 6. Continue discussions with the Tigard-Tualatin School District for creation of a City Park associated with the proposed Alberta Rider School. April 2001 e The proposed 2001-02 parks CIP includes four projects identified in the master plan. These include Cook Park, the dog park, Fanno Creek trail extension, and Woodard Park play structure (contingent on grant funding). e A meeting between City and County officials regarding the unincorporated park SDC is set for April 101. With the recent completion of the lake management plan, staff now will move forward with completion of the Summer Lake park master plan. e A master plan for Northview Park has been completed and will be considered for adoption by Council in April. e Phase one of the three-phase Cook Park Master Plan is set for FY 2001-02 implementation. e Discussions with the School District regarding a joint use park are ongoing. April 2001 Goal Update Page 7 IAADM\CITY COUNCIL\GOALS\2001\GOALS APRIL UPDATE.DOC Goal 5 Determine the City's long6term water supply. Staff Responsible: Ed Wegner Tasks: 1. Evaluate the three options presently under review. April 2001 The City continues to work on three long-term water options, until such time that sufficient data is available for Tigard and its Intergovernmental Water Board partners to make a decision. South Fork Water Board/Clackamas River On March 15, 2001, the SFWB met to discuss three options that are available to South Fork with regard to alliances with other entities: Option 1 Take no action - preserve status quo. Option 2 Proceed with formation of new intergovernmental entity. Option 3 Enter into wholesale water contracts. After much discussion, the matter was held over to a later meeting. Portland Water Wholesale Contract o Negotiations on the wholesale contract are going very slowly. We are still awaiting a staff response to the proposed wholesale contract. Commissioner Erik Sten of the Portland City Council recently suggested that the Bull Run water source become a more regional asset with regional ownership. We are awaiting Portland's next move. Joint Water Commission o Staff continues to work on a Memorandum of Understanding allowing Tigard to become a partner when an additional water source is secured and is selling surplus water. o Water source is still the key issue for ]WC membership; however, the feasibility study for the Hagg Lake Dam could begin as early as May 1, 2001. April 2001 Goal Update Page 8 1:\ADM\CITY COUNCIL\GOALS\2001\GOALS APRIL UPDATE.DOC Goal b Establish an annexation policy for non-island areas. Staff Responsible: Jim Hendryx Tasks: 1. Consider options available to apply to annexation proposals. 2. Determine if the City should actively encourage annexation of: a. Parcels b. Areas April 2001 Council provided direction to staff at the March 20, 2001 work session to prepare a study for the Bull Mountain area. After the study is completed, staff will present this information and ask for further direction from Council. April 2001 Goal Update Page 9 1AADM\CITY COUNCIL\GOALS\2001\GOALS APRIL UPDATE-DOC Goal 7 Encourage and support private sector programs to rehabilhote existing, and develop new, affordable housing. Staff Responsible: Jim Hendryx Tasks: 1. Continue to enforce the housing code. 2. Consider ways to support provision of affordable housing. April 2001 1. Continue to enforce Housing Code: o Housing complaints generally resolved within 2-3 days, the few exceptions have involved issues requiring permits and corrective action; o Have not yet had to issue formal summons to court to resolve housin complaints - all have been resolved with "voluntary" cooperation; ♦ Close cooperation with TVFBZR is ongoing, seeking ways to improve fire safety at apartment complexes. 2. Enforce Building Codes: o Have not yet had to bring cases into court to resolve buildin complaints - most respondents have come into "voluntary" compliance on receipt of a formal Notice of Violation, and all of those we have served with Summonses have (so far) chosen to come into compliance before appearing in court; 3. Code Enforcement procedures: s Have proposed a few "housekeeping" updates to the Municipal Code to clarify parts of the Civil Infractions Enforcement Process; 4. Private Sector Programs: No requests for information or support have been received from the private sector regarding "affordable housing." Affordable Housing: Council consideration of options for supporting affordable housing has been placed on hold until the impact of Measure 7 is better known. April 2001 Goal Update Page 10 1:\ADM\CITY COUNCIL\GOALS\2001\GOALS APRIL UPDATE.DOC Goal 8 Review the report of the New Tigard Library Construction Committee (NTLCC) and provide direction. Staff Responsible: Margaret Barnes Tasks: 1. Hear the report of the NTLCC regarding programming and potential sites for construction. 2. Provide direction on: a. Size b. Cost c. Location d. Funding 3. Determine when a bond measure for construction of a new library should be placed before the voters. April 2001 In early 2000 BML Architects and the consultant, Cynthia Ripley of Ripley Architects were retained by the City to do a three-part study for a new library. This study consisted of a needs analysis report, the development of a library building program to accommodate the services and a site analysis. The New Tigard Library Construction Committee has been meeting on a regular basis since November of 2000. The Committee, after accepting the "Needs Analysis" report, which was prepared by the consultant, has been working with BML Architects reviewing the "Building Program" report and analyzing potential possible sites. The Committee will be giving a preliminary presentation to Council on April 17, 2001. This presentation will include information concerning the approximate recommended size of a new facility, recommended programming, preliminary estimated costs for a new library, and a review of representative sites. When a bond measure for construction of a new library should be placed before the voters has not yet been determined. April 2001 Goal Update Page 11 IAADM\CITY COUNCIL\GOALS\2001\GOALS APRIL UPDATE.DOC Goal 9 Develop a new City-Wide sewer completion policy. Staff Responsible: Gus Duenas Tasks: 1. Develop a City-wide sewer program which includes: a. Cost alternatives and options; b. A proposed construction sequence; 2. Take Into consideration how to make the program equitable for those property owners who previously participated in the City sewer reimbursement program. April 2001 Engineering staff proposed to City Council the development of a Citywide Sewer Extension Program during the December 19, 2000 meeting. This program would include the recently annexed Walnut island area and other unsewered areas throughout the City. Council provided direction to staff to proceed with development of a plan to extend sewers to unserved areas Citywide. Engineering staff is in the process of drafting the Citywide Sewer Extension Plan. The plan will include a proposed sequence of implementation with list of prioritized projects and estimated costs for each of the projects. A package of incentives with cost implications will be packaged separately for Council consideration. The Plan is scheduled for presentation to Council in June 2001. If Council provides direction to proceed with the Plan, implementation will begin in FY 2001-02. April 2001 Goal Update Page 12 RA M\CITY COUNCIL\GOALS\2001\GOALS APRIL UPDATE.DOC Goal 1 0 Expand citizen involvement opportunities. Staff Responsible: Liz Newton Tasks: 1. Focus on improved ways to inform the public. 2. Expand citizen involvement opportunities. 3. Make more effective use of media (Cityscape, cable television, City Web Page, press coverage, meetings, and public contact). 4. Strive toward a consistent public involvement effort. 5. Conduct a "City 101 " education program for the public. April 2001 In the first quarter of 2001, citizen involvement efforts focused on tracking media coverage, recruiting and training volunteers to operate the Town Hall cameras, and developing a series of informational programs to be presented at CIT meetings. In February staff began tracking media contacts. All but one of the weekly press releases issued were picked up. The purpose of tracking the press releases is to get a better sense of the type of stories the press is interested in covering. Six volunteers took the initial training to operate the cable television cameras in Town Hall. Staff is now scheduling volunteers to work on cable casting meetings so that their skill level will continue to improve. At the February CIT meeting, a 30-minute program on Land Use 101 was presented. In the next quarter, staff will continue to track media coverage, and work toward expanding volunteer involvement in cable programming with plans to add coverage of the Planning Commission meetings. CIT meetings will continue to be a forum for providing educational and informational programming. A new focus will be exploring the use of the Internet and City's web page as a citizen involvement tool, including recruiting for Community Connectors on the web page. With 70% of the Portland area connected to the Internet, it is increasingly important to involve citizens through the use of the Internet. A„ril 2001 Goal Update Page 13 I:\ADM\CITY COUNCIL\GOALS\2001\GOALS APRIL UPDATE.DOC Goal II Participate in the 2001 Oregon Legislative session. Staff Responsible: Bill Monahan Tasks: 1. Provide input to discussions of the Oregon Legislature regarding retention of telecommunication franchise fees for local government. 2. Provide input to the Oregon Legislature as it addresses concerns raised by voter approval of Measure 7. April 2001 Council met in December and February with Senator Ryan Deckert and Representative Max Williams. The Council gave input about telecommunication franchise issues and this discussion was followed up with information that was mailed to the legislators. Council heard a report from Representative Williams who is the chair of a new committee formed to prepare a proposal to present a compromise to address Measure 7 through the legislative process. The Council chose not to participate financially with the League of Oregon Cities' (LOC) lawsuit to challenge the constitutionality of Measure 7. The Council supports efforts by LOC to work with the legislature to develop an alternative to Measure 7, which leaves intact some of the elements of the Measure that the Council favors. The Council was pleased to be invited to the legislative event, initiated by Representative Max Williams, honoring the late Mayor Jim Nicoli. The event was well attended and a fitting tribute to the contributions of Jim Nicoli. April 2001 Goal Update Page 14 I:\ADM\CITY COUNCIL\GOALS\200 I \GOALS APRIL UPDATE.DOC Definitions: Goal A specific direction that Council is taking. Reaching the goal may not be achieved in one year. Task A specific activity taken in furtherance of the goal which can be achieved within a specific period of time. Issue Matters of concern to the Council or raised by citizens over which Council may or may not have direct control for policy setting or decision making, but the City can contribute. April 2001 Goal Update Page 15 IAADM\CITY COUNCIL\GOALS\2001\GOALS APRIL UPDATE.DOC V AGENDA ITEM # 5 Z FOR AGENDA OF A nF. 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Statement of Intent Water Supply Feasibility Report PREPARED BY: Ed Wegner DEPT HEAD OK CITY MGR OK eG4#~ ISSUE BEFORE THE COUNCIL Shall the City Council authorize the City Manager to sign the Statement of Intent and negotiate an intergovernmental Agreement with Unified Sewerage Agency for the Integrated Water Resources Management (IWRM) Water Supply Feasibility Study. STAFF RECOMMENDATION City Council approves the authorization to proceed with the Feasibility Report, Letter of Intent and Intergovernmental Agreement. INFORMATION SUMMARY The IWRM Water Supply Feasibility Report is to be completed as part of the Integrated Water Resources Management Strategy Plan, we have discussed in the prior two Council meetings for the purposes of obtaining additional water supply for in stream, municipal and industrial and agricultural uses. The report is to review alternatives for facilities to secure about 50,000 acre feet of waer supply for the Tualatin River Watershed. This report will be performed in accordance with the guidelines of the Bureau of Reclamation's Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies. These guidelines establish standards and procedures for use by Federal agencies in formulating and evaluating alternative plans for waLor and related land resources implementation studies. They provide the following standard sequence of steps in the planning process. ■ Specifications of the water related land resources problems and opportunities ■ Inventory, forecast, and analysis of water and related land resource conditions within the project area ■ Formulation of alternative plans ■ Evalation of the effects of alternative plans ■ Selection of a recommended plan The Feasibility study project costs is estimated to be $14,000 to $16,000 per 1,000 acre feet OTHER ALTERNATIVES CONSIDERED At this time, the City should continue working with the three existing options available to the Tigard Water Service area. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Securing a long term supply is a Vision Task Force Goal. The goal includes active participation in a regional development of drinking water sources and the Action Committee Strategy to investigate developing partnership or contracts with other jurisdictions on developing a long term source of water. ATTACHMENT LIST ■ IWRM Water Supply Feasibility Report - Letter of Intent ■ Estimate of Water Supply Feasibility Report cost share FISCAL NOTES The Feasibility Study project cost is estimated to be $14,000 to $16,000 per 1,000 acre feet. Tigard is requesting 10,000 acre feet for an approximate cost of $144,916. This would be paid for from the Water supply fund. Integrated Water Resources Management (IWRM) Water Supply Feasibility Report Statement of Intent The following is a statement of intent for actions related to the completion of a planning report and scope of a Draft Environmental Impact Statement - known here as the IWRM Water Supply Feasibility Report. It is signed by representatives of the parties for City of Tigard and the Unified Sewerage Agency (USA) The IWRM Water Supply Feasibility Report is to be completed as part of the IWRM strategy for the purposes of obtaining additional water supply for instream, municipal and industrial, and agricultural uses. In cooperation with the Bureau of Reclamation, the Report when completed will provide a preferred alternative recommendation and scoping strategy for an Environmental Impact Statement (EIS). The report is to review alternatives for facilities to secure about 50,000 acre-feet of water supply for the Tualatin River watershed. The Draft Schedule A is a preliminary cost estimate for only the feasibility portion of the project. The feasibility study project costs is estimated to be $14,000 to $16,000 per 1000 acre-feet. The preliminary estimated final project costs for the additional 50,000 ac.ft. is $2,240 per ac.ft, which equates to $112 million dollars of impoundment ownership/right. This statement of intent only deals with the IWRM Water Supply Feasibility Report The Unified Sewerage Agency intends to: 1) Request its Board of Directors approve an Intergovernmental Agreement (IGA) for development and completion of the Feasibility Report. 2) Request its Board of Directors approve a cost share agreement with the Bureau of Reclamation for participation in development of the Feasibility Report. The IWRM Water Supply Partner intends to 1) Request its City Council approve an Intergovernmental Agreement (IGA) for development and completion of the Feasibility Report. This statement of intent will terminate upon approval of the IGA. February 26, 2001 Signatures: Bill Gaffi, General Manager Date Unified Sewerage Agency Bill Monahan, City Manager Date City of Tigard February 26, 2001 IWRM - Water Supply Feasibility Report Estimate of Water Supply Feasibility Report Cost Share 02/26/01 Schedule A Request and Cost Allocations Existing Requests Total % Share Costs Water Quality SA 12,618 15,000 27,618 29.62% $217,374 &I it of Tigard 0 10,000 10,000 19.74% $144,916 WD 0 10,000 10,000 19.74% $144,916 it of Hillsboro 5,000 5,000 10,000 9.87% $72,458 it of Beaverton 4,000 4,000 8,000 7.90% $57,966 it of Sherwood 0 2,000 2,000 3.95% $28,983 it of Tualatin 0 1,850 1,850 3.65% $26,809 it of Forest Grove 4,500 1,000 5,500 1.97% $14,492 it, y of Cornelius 0 800 800 1.58% $11,593 it of North Plains 0 500 500 0.99% $7,246 it of Banks 0 500 500 0.99% $7,246 ake Oswego Corp 500 0 500 0.00% $0 otal M&I 14,000 35,650 49,650 Sub Total 26,618 50,650 77Y268 100.00% $734,000 rri ation 27,022 0 27,022 ish and Wildlife ecreation* 6,900 dro power lood Management otal 53,640 50,650 104 290 easibilit Report Estimat e $734,000 Non-active ool AGENDA ITEM # 5 -3 FOR AGENDA OF April 24, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A resolution approving an intergovernmental agreement to conduct a joint review of PGE franchise fees paid and to collect base data necessarv to a determination of the future basis of calculation of PGE franchise fees. ~~nn PREPARED BY: Craig Prosser DEPT HEAD OK _CITY MGR OK 16" ""u*_ r ,W ISSUE BEFORE THE COUNCIL Should the City enter into an intergovernmental agreement with other cities within PGE's service area to conduct a joint review of PGE franchise fees paid? STAFF RECOMMENDATION Approve the intergovernmental agreement. INFORMATION SUMMARY Staff from several cities within Portland General Electric's service area have been meeting over the past several months to discuss the possibility of coming together to conduct a joint audit of our franchises to ensure that we are receiving the correct amount of franchise fees due. Staff feel that a joint audit will have benefits for participating cities and will also ease the audit process for the company being audited. For the first audit, staff have agreed to focus on PGE as the one utility serving all of our cities, and further as the one utility serving the vast majority of the citizens within each participating city. Franchise fee revenues account for a significant portion of city revenues, and electrical franchise fees are often one of the largest single franchise fees paid. The City of Tigard receives over $930,000 per year from PGE franchise fee payments. Traditionally, cities have not audited franchise fee payments. Payments from any one company may fluctuate from year to year, and it may not be readily evident why this fluctuation occurs. In addition, city boundaries change over time with annexation. It is not clear, however, whether cities have consistently notified utilities of changes in their boundaries or whether utilities routinely update their customer lists in response to annexations. Most cities have also experienced significant growth from new construction. Again, it is not clear whether utilities have kept their customer lists by city current. Finally, most franchise fees are based on some definition of "gross revenues." To the layman, this appears to be a simple, straight-forward term, but within utility accounting procedures there are opportunities to assign revenues to other operations or other classifications which could reduce the amount of gross revenue reported by the franchised utility. None of this is to say that we anticipate large problems within our franchised utilities. It does say, however, that it is prudent to check periodically to make sure that everything is okay. Several of the cities that have been meeting over the past several months have tentatively decided to work together on a joint audit to make sure that there are no problems in this significant revenue source. In addition to these "general prudence" issues, there are specific reasons to audit PGE now. The 1999 Legislature passed SB 1149, which deregulates the electric utilities effective October 2001. Under deregulation, large commercial and industrial customers will have the opportunity to buy electricity from sources other than the traditional electric companies (though the traditional companies will continue to deliver the power). Because of this, traditional electric companies may experience a significant drop in their gross revenues. If there is a drop in gross revenues, there will be a corresponding drop in franchise fee payments. The Legislature anticipated this problem by giving cities the authority to reopen their electrical franchises to change the franchise fee from a gross revenue basis to a per kilowatt-hour basis in a cost neutral mode. They established 1999 as the base year for this comparison, and the cities that have been meeting want to make sure that the 1999 revenues are as accurate as possible. Staff from 21 cities have tentatively agreed to form an intergovernmental agreement (IGA) to conduct a joint audit of PGE. The League of Oregon Cities and the Metropolitan Area Communications Commission have also been participating in these discussions and providing assistance. The proposed IGA provides for Tigard to lead this consortium, with assistance from the City of Hillsboro which will handle the business side of the consortium (issuing an RFP for consultant services, collecting payments from member cities and paying the consultant.) Tigard will call meetings of the consortium, supervise the consultant, and coordinate work products and information sharing. The project schedule calls for the consultant work to begin in early May with a final report in late summer or early fall. OTHER ALTERNATIVES CONSIDERED Do not approve the IGA: a. The City has budgeted funds for one franchise audit in FY 2000-01. The City could use these funds for a stand-alone review of PGE (or some other franchisee's) franchise fees paid. Such an audit would probably be more limited in scope. b. Do not audit PGE. The City has never audited this franchise and yet franchise fees continue to be paid. The City could continue to trust that it is receiving all money due under this franchise. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution Attachment A to the resolution - the proposed IGA meeting over the past several months have tentatively decided W work together on a joint audit to make sure that there are no problems in this significant revenue source. In addition to these "general prudence" issues, there are specific reasons to audit PGE now. The 1999 Legislature passed SB 1149, which deregulates the electric utilities effective October 2001. Under deregulation, large commercial and industrial customers will have the opportunity to buy electricity from sources other than the traditional electric companies (though the traditional companies will continue to deliver the power). Because of this, traditional electric companies may experience a significant drop in their gross revenues. If there is a drop in gross revenues, there will be a corresponding drop in franchise fee payments. The Legislature anticipated this problem by giving cities the authority to reopen their electrical franchises to change the franchise fee from a gross revenue basis to a per kilowatt-hour basis in a cost neutral mode. They established 1999 as the base year for this comparison, and the cities that have been meeting want to make sure that the 1999 revenues are as accurate as possible. Staff from 21 cities have tentatively agreed to form an intergovernmental agreement (IGA) to conduct a joint audit of PGE. The League of Oregon Cities and the Metropolitan Area Communications Commission have also been participating in these discussions and providing assistance. The proposed IGA provides for Tigard to lead this consortium, with assistance from the City of Hillsboro which will handle the business side of the consortium (issuing an RFP for consultant services, collecting payments from member cities and paying the consultant.) Tigard will call meetings of the consortium, supervise the consultant, and coordinate work products and information sharing. The project schedule calls for the consultant work to begin in early May with a final report in late summer or early fall. OTHER ALTERNATIVES CONSIDERED Do not approve the IGA: a. The City has budgeted funds for one franchise audit in FY 2000-01. The City could use these funds for a stand-alone review of PGE (or some other franchisee's) franchise fees paid. Such an audit would probably be more limited in scope. b. Do not audit PGE. The City has never audited this franchise and yet franchise fees continue to be paid. The City could continue to trust that it is receiving all money due under this franchise. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Attachment A to the resolution - the proposed IGA FISCAL NOTES An RFP was issued, and four firms submitted proposals. Proposal costs range from a low of $46,000 to a high of $122,000. The consultant will be selected on April 26, 2001. Project costs will be allocated to participating cities. A portion of the cost will be divided equally among participating cities to reflect fixed set up and start up costs. (Cities of less than 10,000 population will be pooled for purposes of allocating this portion of project costs.) The remaining costs will be allocated among participants according to PGE's reported gross revenues generated within each city. In addition to these costs, a portion of the work of comparing PGE customer lists to actual city addresses will have to be done by city staff. The portion allocated to Tigard will not be known until after the consultant is selected, but Tigard's cost is expected to fall within the budgeted amount. The City budgeted $6,000 for one franchise audit in FY 2000-01. In addition, the Finance Department budget includes $10,000 for temporary help in FY 2000-01. A portion of this temporary help budget may be used for a temporary employee to help check PGE customer lists against Tigard addresses. These funds should be sufficient to pay Tigard's share of this audit. 5-, L4 AGENDA ITEM It Consent Agenda FOR AGENDA OF April 24, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bull Mountain Annexation Work Plan and Stu co~J PREPARED BY:_ Julia Hajduk DEPT HEAD OK ITY MGR OK ✓ y~ ~'Y' I ISSUE BEFORE THE COUNCIL Review the proposed work plan and study scope. Should Council endorse the proposed annexation study scope for the Bull Mountain area? STAFF RECOMMENDATION Staff recommends Council endorse the work plan and study scope for evaluating the Bull Mountain area for annexation potential by approving this consent agenda item. INFORMATION SUMMARY At the March 20, 2001 City Council work session, Council directed staff to move forward with reviewing the possibilities of annexing the Bull Mountain area. In order to do this, a study is necessary which will provide staff and Council information to determine whether it is in the community's best interest to continue to move forward with annexing this area. Staff told Council at the March 20, 2001 meeting that we would prepare a work plan and come back to Council for approval. Attached is the proposed work plan. At the conclusion of the plan, once an initial outreach meeting is held, further Council direction will be requested. Also attached is a proposed scope for the study which is intended to provide necessary information for staff to convey to citizens and for Council to make further decisions. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management Goal #2, Urban services are provided to all citizens within Tigard's urban growth boundary and recipients of services pay their share. ATTACHMENT LIST Attachment 1: Proposed work plan. Attachment 2: Draft Study Scope for Bull Mountain Area. FISCAL NOTES The Study will be prepared by an intern with assistance from staff. The intern has been proposed in next fiscal year's budget. I:\Irpln\julia\BM annexation aisl.doc Attachment 1 PROPOSED WORK PLAN LOOKING AT THE ISSUES INVOLVED IN ANNEXING THE UNINCORPORATED BULL MOUNTAIN AREA Month Task rovided b t d April . e p o s Define details of study and what information nee April/May interview and hire intern. May - July Intern researches and prepares the study document. June/July Staff meets with Washington County to get their input and support on the annexations. September Once the study is complete, staff holds an initial open house to share study information and get comments and input from citizens in the area before bringing the issue back to the City Council. October Staff presents the results of the study and the initial open house responses to the City Council at a work session meeting. Council provides direction to staff on whether to proceed with actively seeking annexation. Nov/Dec If Council directs staff to seek annexations, staff will prepare a detailed public outreach plan for City Council comment and ar)oroval. lArplan/julia/annexation work plan.doc Attachment 2 SCOPE OF STUDY TO EVLAUATE ISSUES WITH ANNEXING THE BULL MOUNTAIN AREA Task 1 Define developed and undeveloped areas. Undeveloped areas may be defined as lots large enough to be subdivided and/or vacant properties. Definition must be specific. Task 2 Identify total acreage of developed and undeveloped areas in the Bull Mountain area. Identify the total number of tax lots for each. Provide a list of the tax lots in each area along with the property owner information. Task 3 Define the existing service providers and the services (public facilities) that would be provided by the City. Note any significant differences. This may require breaking the area up into smaller pieces if service levels vary throughout the Bull Mountain area. Task 4 Where the City would be providing new services (public facilities), provide estimates of the cost to provide these services. This will require evaluating developed and undeveloped areas separately. Task 5 Identify existing County tax examples versus City tax examples. Note any significant differences. This will require evaluating developed and undeveloped areas separately. Task 6 Identify public outreach opportunities. Gather contact names and numbers for homeowner associations. Discuss any known obstacles to doing outreach. Provide information on an incremental annexation plan. Urplan/Julia/annexation draft study scope.doc AGENDA ITEM # 5-15 FOR AGENDA OF April 24, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appointments to thelree Board PREPARED BY: Susan Koeppingt M DEPT HEAD OK ISSI - BEFORE THE COUNCIL Appointments of initial members to the Tree Board. CITY MGR OK e&*- Adopt the attached resolution appointing David Cory, Bob Tinnin Jan Gorsline, and John Butruille to the Tree Board. Mr. Cory and Mr. Tinnin will be appointed for 4-year terms. Ms. Gorsline and Mr. Butruille will be appointed for 2-year terms. Two Planning Commissioners, Judith Anderson and Shel Scolar, were selected by the Planning Commission to serve on the Tree Board. Ms. Anderson and Mr. Scolar will be appointed for 2-year terms. On March 28 and April 3, 2001, the Mayor's Appointment Advisory Committee interviewed candidates for the Tree Board. Attached is a resolution which, if adopted, would approve the appointments recommended by the Mayor's Appointment Advisory Committee. Delay action on the appointments. Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. none AGENDA ITEM # 5 (o FOR AGENDA OF =rj ! au.. a 00 I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A resolution authorizing interim financing for the Dartmouth Street Local Improvement District in an amount not to exceed $2,100,000. PREPARED BY: Craig Prosser DEPT HEAD OK 0 CITY MGR. OK G' ISSUE BEFORE THE COUNCIL Shall the Tigard City Council authorize the issuance of a Bond Anticipation Note to provide interim financing for the portion of the Dartmouth LID assessed to the Martins? STAFF RECOMMENDATION Staff recommends approval of this resolution. INFORMATION SUMMARY A Bond Anticipation Note (BAN) with US Bank was issued on November 30, 1998 to provide interim financing for the portion of the Dartmouth LID assessed to the Martin property. The Martins objected to their assessment and filed a case in court. The suit has been proceeding through the courts, and the Martins and the City are attempting to settle the case. No settlement has been reached, however, and the BAN is due for payment on May 1, 2001. Since the Martin suit has not been resolved, the City has not received payment from the Martins. Because the City has not received payment from the Martins, the City does not have funds to pay off the BANS when due on May 1, 2000. Because the City does not have funds on hand to pay off the BANS on May 1, the BANS must be extended or refinanced. The attached resolution authorizes an extension of the US Bank BANS for a period of not more than 18 months and authorizes the City's Finance Director to set final terms and conditions. The BANS will be pre-payable so that they can be paid off early should the Martin suit be settled before the new Notes mature. OTHER ALTERNATIVES CONSIDERED There are no alternatives to this measure. If the existing BANS are not extended, they will be due and payable on May 1, 2001, and the City does not have the funds to pay the amount due. VISION TASK FORCE GOAL AND ACTION COMMI"1"YEE 6TKA1bkjY NA ATTACHMENT LIST None FISCAL NOTES The existing BANS total $1,948,177.98. The increased amount for the new BANS include fees and an amount to cover legal costs accrued. AGENDA ITEM # FOR AGENDA OF April 24 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A resolution declaring Tigard's intent to join the Oregon Public Employees' Retirement System Local Government Rate Pool. PREPARED BY: Craig Prosser P DEPT HEAD OK CITY MGR OK ~aij Wes,"' ISSUE BEFORE THE COUNCIL Should Tigard join the PERS Local Government Rate Pool? STAFF RECOMMENDNHUN Declare the City's intention to join the PERS Local Government Rate Pool INFORMATION SUMMAKY The City Council was initially briefed on this issue on April 10, 2001. If Tigard wishes to join the Local Government Rate Pool, the City Council must adopt a resolution stating this intent no later than April 30, 2001. Tigard Police personnel participate in PERS. A separate retirement program covers all other Tigard employees. Tigard currently has a surplus in its PERS employer account, meaning that there is more than enough money in the account that (when combined with future contributions and earnings) will more than cover anticipated benefits. As a result, Tigard enjoys a very low employer contribution rate as compared to other local governments. Tigard's FY 2000-01 PERS employer rate is 6.99%. In FY 2001-02, that rate will drop to 6.09%. In response to concerns raised by local governments about major fluctuations in rates, PERS has developed a Local Government Pool option. This option addresses only the fluctuation in rates due to adverse experience factors, it does not lower rates. Theoretically, it may tend to temper future rate increases, but that remains to be seen. Under this option, PERS will aggregate experience ratings for local governments that choose to join this pool. This will create a large employee base. Pool members will see fewer fluctuations in rates due to poor experience factors. Basically, the pool takes advantage of the law of averages. Current unfunded liabilities or surpluses will continue to be tracked by individual employer for pool members (as they are for non-pool members). Employers that join the pool will not assume any pre-existing liabilities from other employers, nor will they receive any benefits from surpluses carried by other employers. All pool members will share any liabilities or surpluses generated by the pool after its effective date (January 1, 2000). V Rates for pool members will be set to provide benefits to all pool member employees, starting with a clean slate as of January 1, 2000. The rate for each employer in the pool will then be adjusted up or down depending on whether the employer currently has an unfunded liability or a surplus in their current accounts. This resolution states Tigard's intent to participate on the Local Government Rate Pool. OTHER ALTERNATIVES CONSIDERED Do not join the Local Government Rate Pool. (Tigard could either decide not to join at all, or could decide to wait until a later date to join. Future enrollment period will occur every other year.) This option will save Tigard money in the short run, but may cost additional money in the future. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA ATTACHMENT LIST None FISCAL NOTES Tigard's employer's rate will be slightly higher if Tigard joins the pool (6.57% vs. 6.09%). This difference will cost approximately $14,000 per year. Joining the pool, however, will protect Tigard against future large fluctuations in its rate. Agenda Item No. 6 April 24, 2009 Board, Committee, & Task Force Member Sign-In Name Board/Committee/Task Force pt- v C_ J V I:\HDM\GREER\CCSIGNUP\BRD & COMM SIGN IN.DOC AGENDA ITEM # U/ FOR AGENDA OF April 24.2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Introduction and Acknowledgment of new Tree Roam Members PREPARED BY: Susan KoQping 6C V i ' DEPT HEAD OK CITY MGR OK V V v' , TSS E BEFORE THE COUNCIL The newly-appointed members of the Tree Board will be introduced and acknowledged. STAFF RECOMMENDATION No action required INFORMATION SUMMARY David Cory, Bob Tinnin, John Butruille and Jan Gorsline, as well as two Planning Commissioners, Shel Scolar and Judith Anderson comprise the new Tigard Tree Board. The citizen members are being appointed under the Consent Agenda this evening. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAT AND ACTION COMMITTEE STRATEGY Goal #1 " The City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community." FISCAL NOTES None AGENDA ITEM # FOR AGENDA OF 04/24/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Photo Radar PREPARED BY: Ron Goodpaster DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL The purpose of this agenda item is to present to City Council information regarding the proposed contract for photo radar and request approval to implement the project. STAFF RECOMMENDATION Staff recommends Council approval. INFORMATION SUMMARY Following the period of research done on photoradar implementation, a vendor has been identified to provide the service. This is based on a recently approved City of Portland photo radar, red light contract, which Tigard can utilize. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Under the City's Visioning Plan, Goal #l, under Traffic and Transportation is the lowering of neighborhood speeds. This technology would specifically address that concern. FISCAL NOTES 0.5 FTE was budgeted to operate the photo radar. i:bit)rMde\swn.dot AGENDA ITEM No. 8 Date: April 24, 2001 PUB"'LIC HEARING TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: Due to Time Constraints City Council May Impose A Time Limit on Testimony I:\ADM\GREER\CCSIGNUP\PH TESTMNY UPDATED 6-13.DOC AGENDA ITEM No. 8 PLEASE PRINT _rroponent - (5peakin In Favor) Opponent - (Speaking Against) Neutral fl Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone 11 Name, Address & Phone No. _J Name, & Phone No. 11 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. ~I Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. -11 11 Name, Address & Phone No. 11 Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF April 24 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Dis osition of su lus property for access to Menlor Reservoir site. , ~j~ DEPT HEAD OK CITY MGR OK eadif w7'~'" ~ PREPARED BY: Kathy Kaat7 ISSUE BEFORE THE COUNCIL Shall the City Council approve the sale of developed property acquired for access to the Menlor Reservoir site located at 13230 SW 154th Avenue (tax lot 600) STAFF RECOMMENDATION Authorize the sale of Parcel 1 of Tax Lot 600, T2S,R1 W, Section 05DB, W.M., Washington County. INFORMATION SUMMARY In May of 1997 the City of Tigard purchased the Clute property, a 1.76 acre parcel to construct the 3.5 mg Menlor reservoir. The parcel was originally purchased for $350,000 or $198,865 per acre. The reservoir was built on a portion of the parcel and after construction was completed, a Minor Land Partition was approved on the remaining 1.360 acre portion of the property, no longer needed. TMC 3.44.015 (A) requires a hearing before Council to proceed with the disposal of property classified as developed. According to TMC 3.44.015 (B) notice of hearing was published which included a description of the proposed property for sale. An appraisal was completed on the above referenced property. OTHER ALTERNATIVES CONSIDERED The Intergovernmental Water Board and the City of Tigard could keep the property and utilize as an open space, however, the parcel would need to be purchased from the Water fund to do so. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST ■ Summary appraisal report - April 2001 ■ Draft Resolution NO. 01- FISCAL NOTES The summary appraisal report indicates the market value of the property is considered to be $265,000.00 City of Tigard, Oregon Sale of Real Property Vacant - Developed Parcel Bids due: , 2001 INVITATION TO BID The City of Tigard is seeking a buyer for a developed parcel of real property owned by the City of Tigard. The minimum bid is set at . Sealed bids will be received at City of Tigard - Court Counter, 13125 SW Hall Blvd., Tigard, OR 97223 by Terry Muralt, Buyer no later than 2:00 p.m. , 2001 at which time they will be opened and read. The subject property consists of a 1.36 acre parcel of R-25 zoned land with an existing 1,984 sq. ft. single-family residence located at 13230 SW 154th Avenue in Tigard, Oregon. The property can also be identified as Parcel 1 of Tax LOt 600, T2S, R1 W, Section 05DB, W.M., Washington County. Bid packets may be obtained by City of Tigard, Court Counter, 13125 SW Hall Blvd., Tigard, OR 97223 or by calling Terry Muralt at (503) 639-4171, extension 324. The City may reject any bid not in compliance with the procedures and requirements set forth in Tigard Municipal Code, Chapter 3.44, Resolution , and this invitation to bid. The City may reject any and or all bids upon a finding if the City that it is in the public interest to do so. The property shall be sold to the highest responsible bidder whose bid is equal to or greater than the minimum bid amount. A responsible bidder is one who is capable of and does pay the full amount of the bid price to the City. In the event the highest bidder fails to complete the sale, the property shall be sold to the next highest bidder whose bid is equal to or greater than the minimum bid amount. Published 12001. Kathy\council\ad for bid -Clute property SUMMARY APPRAISAL REPORT PARCEL 1 OF THE CLUTE PROPERTY 1230 S.W. 154T" AVENUE TIGARD, OREGON PREPARED FOR MR. DOMINIC G. COLLETTA RAMIS CREW CORRIGAN & BACHRACH, LLP ATTORNEYS AT LAW 1727 N.W. HOYT STREET PORTLAND, OREGON 97209 PREPARED BY LAWRENCE E. OFNER, MAI MOSCATO, OFNER & HENNINGSEN, INC. 13765 N.W. CORNELL ROAD, SUITE 200 PORTLAND, OREGON 97229 EFFECTIVE DATE MARCH 9, 2001 OURFILENO: COI-029 Moscato ®fnel- & Henningsen, Inc. March 26, 2001 Rcal Estate Appraisers and Uon,uhaw, Principak 1.0111..1. A -Cale. %1A1 I.a"rence li. Olner. MA1 Scan A. Ilemmiu-,en. MA1 Mr. Dominic G. Colletta Ramis Crew Corrigan & Bachrach, LLP Attorneys at Law 1727 N.W. Hoyt Street Portland, Oregon 97209 Dear Mr. Colletta: Pursuant to your request, we have performed a complete appraisal in a summary report format of the City's Parcel 1 of the Clute Property located at 1230 S.W. 154t1i Avenue in Tigard, Oregon. In accomplishing this assignment, we have completed an inspection of the subject property, together with observing both economic and land use trends in the subject's general area. In addition, comparable market data was investigated, analyzed and applied as appropriate. It is important to note that this is a complete appraisal in a summary report format which is intended to comply with the reporting requirements as set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice. As such, it presents only summary discussions of the data, reasoning and analyses that were used in the appraisal process to develop the appraiser's opinion ofvalue. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's file. The depth of the discussion contained in this report is specific to the needs of the client and for the intended uses as stated in this report. The appraiser is not responsible for unauthorized use of this report. In this appraisal, the property has been valued as though it would be sold on an all-cash or equivalent new mortgage financing basis and has been prepared to comply with the Uniform Standards of Professional Appraisal Practice (as promulgated by the Appraisal Standards Board of The Appraisal Foundation). Based on our investigation and analysis of the available information, the market value of the subject property in fee simple, as described herein and as of March 9, 2001, is considered to be: TWO HUNDRED SIXTY FIVE THOUSAND DOLLARS 26$ 5,000 Suite 200 • 13765 NW Cornell Road • Portland. Oregon 97229 Telephone (503) 646-8111 • FAX (503) 646-8425 • E-Mail office@,rnohportland.com Mr. Dominic G. Colletta March 26, 2001 Page Two The valuation stated herein is subject to the important conditions and assumptions which follow on the subsequent and attached pages including, but not limited to, the extraordinary assumption that there are no toxic or hazardous waste materials or conditions which exist within any building improvements, site improvements or the land itself and it must be noted that the appraisers are not experts in this field; thus, if any questions or concerns exist, it is recommended that appropriate experts be consulted. In this case, a Phase I Environmental Assessment Report was provided for our review. Respectfully submitted, MOSCATO, OFNER & HENNINGSEN, INC. Lawrence E. Ofne AI Principal Oregon State Certification No. 0000016 SUMMARY OF PERTINENT DATA Effective Date: March 9, 2001 Date of Appraisal: March 26, 2001 Property Rights Appraised: Fee Simple Location: 13230 S.W. 154" Avenue, Tigard, Oregon Improvements: A one-story, wood frame single-family residence built in 1960 and containing 1,984 sq.ft. of gross area plus a detached utility shed. Due to the subject's zoning for high density residential development and the overall age, site layout, condition, quality and design of the improvements, the subject improvements are considered to contribute minimal value and would likely be removed if the property were to be developed. Site Size: Acres SS_ .Ft. Total Site Area: 1.360 59,242 Estimated Usable Area: 0.957 41,696 Zoning: R-25 (Medium/High-Density Residential District) 2000-01 Real Market Value: $149,200 Owner of Record: City of Tigard Highest & Best Use: As vacant - high density attached housing development Flood Hazard Area: No portion of the subject site appears to be located within a 100-year flood hazard area. Exposure Time: Six months (assuming property had competent and aggressive marketing) Indicated Stabilized Values: Cost Approach: N/A Sales Comparison Approach: $265,000 Income Approach: N/A Market Value Conclusion: $265,000* * Subject to the extraordinary assumption that the property is free of any environmental contamination. ato, Ofner & Henningsen, Inc. DEFINITION OF MARKET VALUE For purposes of this report, Market Value is defined as: "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: buyer and seller are typically motivated; 2. both parties are well informed or well advised, and each acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Source: OCC Definition of "Market Value": 12 CFR 34.42(f) and USPAP DEFINITION OF FEE SIMPLE INTEREST As defined in Real Estate Appraisal Terminology, sponsored by the Appraisal Institute, Fee Simple is: "An absolute fee; a fee without limitations to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power, and taxation. An inheritable estate." ;cato, Ofner & Henningsen, Inc. CL c J o ~ U ~ C c~ AY m ] T,•r\ 4 )'.I y` {'An'!~ 4v { a 3~tiv Y xAV ` W ' ` oy~°; 4 r~l b~' Ar NI ( '1 oe. HIM RS Gai A " r . d Nei d\ ~/L 3ti L $ ! M^~ A w~ w I. ^S VP ..1,R QW d. ~'2r.. t~ /.i A// .I\ (Qi' p t~ d it i.y AG: IY., a pn RY ~ A I I AY . Co N156 ~~Y•I '')1 tfi `b c / G a RCN i 3 H116 - ~7'--;Lr I y ` C.,ly •S,; • 5 j . 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I o; ~ ~ a; r cv o z v J w J d Q N v ~ 4 N H a Q a~ ~ i Il i G o. ~ U. 40 1 - - - - - x cn ca to c ( U ~ p z ~ 1 ~ r\ L m v4{ s ci W V L b ao I ! ^ z a NO J ` ~ Y ' o X X ~ - .~.rir_ncr.a \ tsC~.sc r. ,ss„ ^-+~~L.z.•-i mt~ir . dS.~, t~si`i Q W i - (!a) ,00'gow 3 „6t,*,L N p lu ct co C Lt >2K.; 0 V) cCo 0 c p: C_ ~v Q = H C k Acc Q R (c v r, h to 2 WI~~ ,ss~r ,cx~ it \ N 1 J G ~ CO 3= O~ q W C) Q;n 2 `Y 2 a N9 c AGENDA ITEM # q FOR AGENDA OF April 4, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Building Trends PREPARED BY: G!IU Lampella DEPT HEAD OK CITY MGR OK w / 1 44 ISSUE BEFORE THE COUNCIL General update on past and projected building activity and trends. STAFF RECOMMENDATION Informational only. INFORMATION SUMMARY This presentation will consist of what the Building Division and Current Planning project for the future construction activity in the City of Tigard, Urban Services Area, and King City. The presentation will show trends in single family, multi-family, commercial, and infill building activity. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Copy of PowerPoint presentation. FISCAL NOTES N/A Development Trends PSU Census and Population Center Estimate July 1, 2000 42,260 Includes Walnut Island Annexation 2000 Tigard Population Characteristics Tigard Population Characteristics 2000 Census Population 1990 Population 2000 29,344 41,223 Increase 40.5 METRO 2020 Population Forecast 59,246 Where have we been? Subdivisions From the 1950's to the 1990's 1 Leron Heights Subdivisions Leron Heights R - 4.5 A; tk -G• w1 4K t Pebble Creek R-25 Summerlake Castle Hill R-12 and R-25 2 R-7 in a Planned Development Hillshire R-7 Applewood Park R-7 Redwood Vista R-7 Recent Subdivisions Arlington Heights R-7 •~~p r ~~YI l fir., 3 Durham School Park Maple Ridge Estates gKZ . Quail Hollow West Hillshire Creek Estates R-7 / PD Townhouses Dakota Village R- 12 .``iii •~NJi" r~t•.•- h-.n Ile Apartments 4 Assisted Living Arbor Heights R-25 and R - 12 Woodland Heights Summer Creek R-25 Commercial McCroskey Dental Triangle Corporate Park Specht :3_ 11,111131 an moo anon= OFEWN Is ul1g711~®U4k90~ot: £N?%'~ e Professional Offices Triangle Corporate Park Lowe's A-Boy Industrial Downtown Chamber of Commerce Fought Steel Censco Future Creek Side Where will development occur? a Overview • Higher Density • Smaller Lots • More Townhouses • Infill Development • Multi-story Commercial • Parking Garages 8 Washington Square Redevelopment • GM Center • Hall and 99W • Central Business District • Durham Pit • Conversion/Teardown of Single-Family Homes Building Construction Trends • Single-Family without Land Increase/Annexation • Single-Family with Land Increase/Annexation • New Commercial Projects • Tenant Improvement/Commercial Remodel FY 1996.2005 Trends With Some Annexation Single-Family WO 500 400 3DO 3!1 200 100 O F\' 1\' I\' I\' F1' Il' IY 1\' 1\' 1\ 1\ Ivvn IvvF IvvF Ivvv 1~~~~n .~~~~1 3~~1~3 lnn~ 1ni~, 1~~~~F lnnn Possible Future Trends Transit Oriented Development Neighborhood Model Development Life Cycle Housing % Affordable Housing Goal Live/Work Housing Developments FY 1196.2006 Trends Wthout Annexation &ngle-Fam0y coo 400 - 3W lL :11 zoo IDO 0 I\' IY FY /Y tY /Y FY FY FY FY FY 1-0vn wuF rlv, wvv .w n .nul .m _ .unF .an, _ml .nne f: FY 1996-2006 Trends New Commercial ' 40 AF JO iF 3 20 I3 10 0 Fv F\ F\ F\ intro 10\1 lFy lFy 311 1005 lF.Y Ivvn IvvF IvvF lvvv 0 9 FY 1096.2006 Trends Tenant Improvements 300 250 200 , 150 100 50 0 IY IV IY II IV IY II II r\' II IV Ivve Ivvt 1'+vv Ivvv ]nun Innl Inn3 ]nnl ]u~~I Iuul lnnv FY IM6.2006 Trends NI Perm Its 6000 fl le 5000 WFA 4000 3000 m 2000 1000 0 1Y 1\' I'Y 11 rY iY IV rY FY iY iY Ivey Ive1 IvVV Ivvv }u nn Eunl IIIUI .nnl Inuv In nl Snli6 10 hr` AGENDA ITEM FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY 10 April 24, 2001 ISSUE/AGENDA TITLE Revision of Ordinance 96-09 Exhibit "A" Section 10.060, Requirement Contracts and Section 70.010 Personal Service Contracts. 1 inn PREPARED BY: Terry Muralt DEPT HEAD OK CITY MGR OKIMIfff IIV fir, 1 ISSUE BEFORE THE COUNCIL Shall the City Council adopt a revision of the Purchasing Rules AR 10.060 Requirement Contracts and AR 70.010 Personal Service Contracts, which would extend term of the contracts to five years instead of the current three year period. STAFF RECOMMENDATION Staff recommends adoption of the revision increasing the term of contracts from "not to exceed three years" to "not to exceed five years". Staff recommends adding a contract term "not to exceed five years" for Personal Service contracts that coincides with 10.060 Requirement contracts. INFORMATION SUMMARY Currently the City's contract term for public contracts cannot exceed three years including any renewal periods. Many of the other local agencies along with the State of Oregon have changed their contract term to state "not to exceed five years". The City currently utilizes many other agency's contracts per AR 10.115 and ORS 279.015 that allow purchases using contracts by other public agencies. Extending the contract term to a maximum of five years would allow the City to continue to use an existing contract from another agency's for the full life of the contract. Currently the City's purchasing rules do not state any contract term for Personal Service Contracts. Past practice, for most personal service contracts, has followed AR 10.060 Requirement Contracts "not to exceed three years", but some personal service contracts have continued for several years beyond that term. Staff recommends setting a contract term to prevent contracts from going on for an unlimited number of years without completing a bid process to make sure that the City is receiving the best service at a fair and reasonable cost. OTHER ALTERNATIVES CONSIDERED 1. Leave AR 10.060 and AR 70.010 as is. 2. Leave AR 10.060 as is and establish the same term of contract of "not to exceed three years" for Personal Service Contracts. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Ordinance with Exhibit "A" attached shows the change of term of contracts from "nut to exceed three years" to "not to exceed five years" in AR 10.060 and the adding of a term of contracts of "not to exceed five years" for AR 70.010 Personal Service Contracts. FISCAL NOTES No fiscal impact. AGENDA ITEM # FOR AGENDA OF April 24, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Revision of Ordinance 96-09 Exhibit "A" Section 10.060, Requirement Contracts and Section 70.010 Personal Service Contracts. PREPARED BY: Terry Muralt DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City Council adopt a revision of the Purchasing Rules AR 10.060 Requirement Contracts and AR 70.010 Personal Service Contracts, which would extend term of the contracts to five years instead of the current three year period. STAFF RECOMMENDATION Staff recommends adoption of the revision increasing the term of contracts from "not to exceed three years" to "not to exceed five years". Staff recommends adding a contract term "not to exceed five years" for Personal Service contracts that coincides with 10.060 Requirement contracts. INFORMATION SUMMARY Currently the City's contract term for public contracts cannot exceed three years including any renewal periods. Many of the other local agencies along with the State of Oregon have changed their contract term to state "not to exceed five years". The City currently utilizes many other agency's contracts per AR 10.115 and ORS 279.015 that allow purchases using contracts by other public agencies. Extending the contract term to a maximum of five years would allow the City to continue to use an existing contract from another agency's for the full life of the contract. Currently the City's purchasing rules do not state any contract tern for Personal Service Contracts. Past practice, for most personal service contracts, has followed AR 10.060 Requirement Contracts "not to exceed three years", but some personal service contracts have continued for several years beyond that term. Staff recommends setting a contract term to prevent contracts from going on for an unlimited number of years without completing a bid process to make sure that the City is receiving the best service at a fair and reasonable cost. OTHER ALTERNATIVES CONSIDERED 1. Leave AR 10.060 and AR 70.010 as is. 2. Leave AR 10.060 as is and establish the same term of contract of "not to exceed three years" for Personal Service Contracts. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Ordinance with Exhibit "A" attached shows the change of term of contracts from "not to exceed three years" to "not to exceed five years" in AR 10.060 and the adding of a term of contracts of "not to exceed five years" for AR 70.010 Personal Service Contracts. FISCAL NOTES No fiscal impact. AGENDA ITEM # 11 . FOR AGENDA OF April 24 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE -.Award of contract for audit services to Paul Rogers and Co. y~ DEPT HEAD OK CITY MGR OK fAWrn~' f PREPARED BY: Tom Imdieke ISSUE BEFORE THE LOCAL CONTRACT REVIEW BOARD The City's contract for audit services ith an with Pauly, two year extension to Pauly, Rogers and Co ~ Shall the City award a new three year contact p STAFF RECOMMENDATION Staff recommends the Local Contract Review Board award the audit contract to Pauly, Rogers and Co. INFORMATION SUMMARY The City received five qualified proposals for audit services. A review committee composed of City staff graded each proposal based on their qualifications, level of experience, ability to perform an audit the size of the City of Tigard's, and contract price. Proposed fees from each firm are ase follows: & Co.$18,925; oand Talbot, Ko ola & Warwick $28wank, 0$18,000; Merina, McCoy & Co., $18,010; Pauly, Rog Three firms (Grove, Mueller & Swank, Merina, McCoy & Co., and Pauly, Rogers & Co.) were selected to be interviewed by an audit review committee. Based upon the interviews, it is recommended that the selection of Pauly, Rogers & Co. would provide the highest quality of services to the City. The audit review committee concluded that although Pauly, Rogers & Co. proposal was not the lowest cost proposal, the firm's past experience with the City of Tigard and knowledge of what will be needed for the City to implement GASB Statement No. 34 are significant factors that warrant the selection of this firm. The City of Tigard is required to implement GASB 34 for Fiscal Year 2003. This statement requires dramatic changes to the way all local governments, school districts, ports, and special districts prepare and present their Comprehensive Annual Financial Report (CAFR). Pauly, Rogers & Co. is a local firm which has been providing quality auditing and advisory services to numerous non-profit and municipal entities since 1947. OTHER ALTERNATIVES CONSIDERED Select a firm other than Pauly, Rogers and Co. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Does not apply ATTACHMENT LIST Personal services contract for audit services. FISCAL NOTES Contract price for audit services from Pauly, Rogers & Co. are as follows: FY 2001 $18,925 FY 2002 $19,675 FY 2003 $20,450 FY 2004 $21,275 FY 2005 $22,125 The prices listed do not include performing a Single Audit of federal grants. Once the City expends more than $300,000 in federal financial assistance, a Single Audit will be required. Pauly, Rogers will charge an additional amount for conducting a Single Audit. CITY OF TIGARD, OREGON PERSONAL SERVICES CONTRACT FOR AUDIT SERVICES THIS AGREEMENT made and entered into this 24th day of April, 2001 by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and Pauly, Rogers and Co., P.C., hereinafter called CONTRACTOR. WITNESSETH WHEREAS, CITY has need for the services of a company with a particular training, ability, knowledge, and experience possessed by CONTRACTOR, and WHEREAS, City has determined that Pauly, Rogers and Co., P.C. is qualified and capable of performing the professional services as CITY does hereinafter require, under those terms and conditions set forth: NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SERVICES TO BE PROVIDED: CONTRACTOR shall initiate services immediately upon receipt of CITY'S notice to proceed, together with an executed copy of this Agreement. CONTRACTOR agrees to complete work, which is detailed in Exhibit "A" and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise termirated or extended, on June 30, 2003 with an optional two (2) year extension. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION: CITY agrees to pay CONTRACTOR for the performance of those services described herein in amounts not to exceed those shown in Exhibit A, which payment shall be based upon the following applicable terms: a. Payment by CITY to CONTRACTOR for performance of services under this Agreement includes all expenses incurred by CONTRACTOR, with the exception of expenses, if any identified in this Agreement as separately reimbursable. b. Payment will be made in installments based on CONTRACTOR'S invoice, subject to the approval of the City Manager, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. C. Payment by CITY shall release CITY from any further obligation for payment to CONTRACTOR, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. d. CONTRACTOR shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. e. CONTRACTOR shall not pen-nit any lien or claim to be filed or prosecuted against the CITY on any account of any labor or material fiunished. Personal Service Contract - Audit Services April 10, 2001 f. CONTRACTOR shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. g. If CONTRACTOR fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to CONTRACTOR or a subcontractor by any person as such claim becomes due, CITY'S Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the CONTRACTOR. The payment of the claim in this manner shall not relieve CONTRACTOR or their surety from obligation with respect to any unpaid claims. h. CONTRACTOR shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of CONTRACTOR or all sums which CONTRACTOR agrees to pay for such services and all moneys and sums which CONTRACTOR collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. i. The CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 4. OWNERSHIP OF WORK PRODUCT: CITY shall be the owner of and shall be entitled to possession of any and all work products of CONTRACTOR which result from this Agreement, including any computations, plans, correspondence or pertinent data and information gathered by or computed by CONTRACTOR prior to termination of this Agreement by CONTRACTOR or upon completion of the work pursuant to this Agreement. ASSIGNMENT/DELEGATION: Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If CITY agrees to assignment of tasks to a subcontract, CONTRACTOR shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by CITY of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and CITY. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR: CONTRACTOR certifies that: a. CONTRACTOR acknowledges that for all purposes related to this Agreement, CONTRACTOR is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of CITY, shall not be entitled to benefits of any kind to which an employee of CITY is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that CONTRACTOR is found by a court of law or any administrative agency to be an employee of CITY for any purpose, CITY shall be entitled to offset compensation due, or to demand repayment of any amounts paid to CONTRACTOR under the terms of this Agreement, to the full extent of any benefits or other remuneration CONTRACTOR receives (from CITY or third party) as a result of said finding and to the full extent of any payments that City is required to make (to CONTRACTOR or to a third party) as a result of said finding. b. The undersigned CONTRACTOR hereby represents that no employee of the CITY, or any partnership or corporation in which a CITY employee has an interest, has or will receive any remuneration of any description from CONTRACTOR, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, CONTRACTOR certifies that the Federal Government does not currently employ him or her and the amount charged does not exceed his or her normal charge for the type of service provided. Personal Service Contract - Audit Services April 10, 2001 CONTRACTOR and its employees, if any, are not active members of the Oregon Public Employees public Retirement System and are not employed for a total of 600 hours or more in the calendar year by any p employer participating in the Retirement System C. CONTRACTOR certifies that it currently has a CITY business license or will obtain one prior to delivering services under this Agreement. d. CONTRACTOR is not an officer, employee, or agent of the CITY as those terms are used in ORS 30.265. INDEMNIFICATION: CITY has relied upon the professional ability and train.- of CONTRACTOR as a material inducement to enter into this Agreement. CONTRAC'T'OR warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by CITY shall not operate as a waiver or release. CONTRACTOR agrees to indemnify and defend the CITY, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial of appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during with the performance of the work described in this contract, except liability arising out of the sole negligence of the CITY and its employees. Such indemnification shall also cover claims brought against the CITY under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Personal Service Contract - Audit Services April 10, 2001 8. INSURANCE: CONTRACTOR and its subcontractors shall maintain insurance acceptable to CITY in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of CONTRACTOR'S activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of CITY and that any other insurance maintained by CITY is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the CONTRACTOR and its subcontractor shall provide at least the following limits and coverage's: a. Commercial General Liability Insurance CONTRACTOR shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 1,000,000 Products-Completed Operations Aggregate 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 b. Commercial Automobile Insurance CONTRACTOR shall also obtain, at contractor's expense, and keep in effect during the term of the contract, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. C. Workers' Compensation Insurance The CONTRACTOR, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not to obtain such coverage." This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. Personal Service Contract - Audit Services 4 April 10, 2001 d. Additional Insured Provision The City of Tigard, Oregon, its officers, directors, and employees shall be added as additional insureds with respect to this contract. All Liability Insurance policies will be endorsed to show this additional coverage. e. Notice of Cancellation There shall be no cancellation, material change, and exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the CITY. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. f. Insurance Carrier Rating Coverage's provided by the CONTRACTOR must be underwritten by an insurance company deemed acceptable by the CITY. The CITY reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. g. Certificates of Insurance As evidence of the insurance coverage required by the contract, the contractor shall furnish a Certificate of Insurance to the CITY. No contract shall be effected until the required certificates have been received and approved by the CITY. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. h. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. CONTRACTOR is not an officer, employee or agent of the CITY as those terms are used in ORS 30.265. i. Primary Coveraize Clarification All parties to this contract hereby agree that the CONTRACTOR'S coverage will be primary in the event of a loss. j. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this contract. CONTRACTOR'S insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days' prior notice to CITY. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of CITY, in lieu thereof, a certificate in form satisfactory to CITY certifying to the issuance of such insurance shall be forwarded to: Personal Service Contract - Audit Services April 10, 2001 Craig Prosser Finance Director 13125 SW Hall Blvd. Tigard, Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. Ten days cancellation notice shall be provided CITY by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. oss Notlvithstanding said insurance, CONTRACTOR shall be obligated for the total amount of andamnge, injury, o caused by negligence or neglect connected with this contract. 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY OF TIGARD Craig Prosser Finance Director 13125 SW Hall Blvd. Tigard, Oregon 97223 CONTRACTOR Pauly, Rogers and Co., P.C. 12700 SW 72"d Avenue Tigard, Oregon 97223 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER: This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive -,atement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. it. PROFESSIONAL SERVICES: The CITY requires that services provided pursuant to this agreement shall be provided to the CITY by a CONTRACTOR, which does not represent clients on matters contrary to CITY interests. Further, CONTRACTOR shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests. Should the CONTRACTOR represent clients on matters contrary to CITY interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests, CONTRACTOR shall consult with the appropriate CITY representative regarding the conflict. 6 Personal Service Contract - Audit Services April 10, 2001 After such consultation, the CONTRACTOR shall have 30 days to eliminate the conflict to the satisfaction of the CITY. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (b - iii) of this agreement. 12. TERMINATION WITHOUT CAUSE: At any time and without cause, CITY shall have the right in its sole discretion, to terminate this Agreement by giving notice to CONTRACTOR. If CITY terminates the contract pursuant to this paragraph, it shall pay CONTRACTOR for services rendered to the date of termination. 13. TERMINATION WITH CAUSE: a. CITY may terminate this Agreement effective upon delivery of written notice to CONTRACTOR, or at such later date as may be established by CITY, under any of the following conditions: i. If CITY funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. iii. If any license or certificate required by law or regulation to be held by CONTRACTOR, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. iv. If CONTRACTOR becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against CONTRACTOR, if a receiver or trustee is appointed for CONTRACTOR, or if there is an assignment for the benefit of creditors of CONTRACTOR. Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. b. CITY, by written notice of default (including breach of contract) to CONTRACTOR, may terminate the whole or any part of this Agreement: i. If CONTRACTOR fails to provide services called for by this agreement within the time specified herein or any extension thereof, or ii. If CONTRACTOR fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from CITY, fails to correct such failures within ten (10) days or such other period as CITY may authorize. iii. If CONTRACTOR fails to eliminate a conflict as described in Section 11 of this agreement. The rights and remedies of CITY provided in the above clause related to defaults (including breach of contract) by CONTRACTOR shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If CITY terminates this Agreement under paragraph (b), CONTRACTOR shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by CONTRACTOR bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by CITY due to breach of contract by CONTRACTOR. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. Personal Service Contract - Audit Services April 10, 2001 14. ACCESS TO RECORDS: CITY shall have access to such books, documents, papers and records of CONTRACTOR as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 15. FORCE N AJEURE: Neither CITY nor CONTRACTOR shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. NON-WAIVER: The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of any of the terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 17. NON-DISCRIMINATION: CONTRACTOR agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. CONTRACTOR also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS: CONTRACTOR shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. Personal Service Contract - Audit Services April 10, 2001 19. EXTRA (CHANGES) WORK: Only the Finance Director may authorize extra (and/or changes) work. Failure of CONTRACTOR to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and CONTRACTOR thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. WARRANTIES: CONTRACTOR shall guarantee all work for a period of one year after the date of final acceptance of the work by the owner. CONTRACTOR warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve CONTRACTOR from liability under warranties contained in or implied by this Agreement. 21. ATTORNEY'S FEES: In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 22. GOVERNING LAW: The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 23. COMPLIANCE WITH APPLICABLE LAW: CONTRACTOR shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement, including those set forth in ORS 279.310 to 279.320. 24. CONFLICT BETWEEN TERMS: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 25. AUDIT: CONTRACTOR shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. CONTRACTOR agrees to permit CITY, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 26. SEVERABILITY: In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 27. COMPLETE AGREEMENT: This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein Personal Service Contract - Audit Services 9 April 10, 2001 regarding this Agreement. CONTRACTOR, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its duly authorized undersigned officer and CONTRACTOR has executed this Agreement on the date hereinabove first written. CITY OF TIGARD By: Bill Monahan, City Manager Date CONTRACTOR By: Pauly, Rogers and Co., P.C. Date Personal Service Contract - Audit Services 10 April 10, 2001 EXHIBIT °A' SERVICES TO BE PROVIDED AND FEE FOR SERVICES SERVICES TO BE PROVIDED 1. Examination of financial statements of the City as required by the Oregon Revised Statutes (ORS 297.425 and 297.465) and Oregon Administrative Rules 162-10-000 through 162-16-000. 2. "Single audit" examination covering the City's federal grants-in-aid for the year as required by the Uniform Single Audit Act of 1984 and OMB Circular A-133; (NOTE - the City may NOT require a single audit every year of the contract). 3. Assistance with the implementation of GASB Statement 34. 4. Assistance to City staff on various accounting and reporting questions. 5. Written recommendations to management. 6. And other services as provided in the Request for Proposal for audit services dated March 13, 2001. FEE FOR SERVICES 1. FY 2002 $19,675 FY 2003 $20,450 FY 2004 $21,275 FY 2005 $22,125 2. All other services to be billed at the following rates: Shareholder - $125 per hour In-Charge - $75 per hour Senior Staff - $65 per hour Junior Staff - $50 per hour Clerical - $45 per hour AGENDA ITEM # f FOR AGENDA OF April 24.2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution to Alter Interview and Appointment process for Mid-Term Vacancies_4n Boards and Committees PREPARED BY: Susan Koepping = W~ DEPT HAD OK ITY MGR OK G r ISSUE BEFORE THE COUNCIL Should the City Council revise the Board and Committee appointment process to allow appointment of alternates? When new members for boards and committees are interviewed and recommended for full-term appointments, one or two additional individuals could, at the discretion of the Mayor's Appointments Advisory Committee, be recommended for appointment as alternate(s). If a member of that specific board or committee resigned mid-term, the designated alternate could immediately be appointed to finish that term. An appointment as an alternate would end when the next full-term committee position opens. This process would be used only for those Boards and Committees that require appointment by the City Council. STAFF RECOMMENDATION Approve the accompanying resolution to modify the process for mid-term appointments to Boards and Committees. FORMATION SI Z4MA.RY When a member of a Board or Committee resigns mid-term the existing process to fill that opening is the same as the process used for filling a full-term position. That requires the announcement of the opening with a one month application deadline, interviews and appointment of the replacement. The whole process can take as long as 3 months. In the mean time, the Committee is left without full membership. While this process works well when the end of a term is expected, a midterm resignation is generally effective immediately and this lengthy replacement process is not efficient. If the remaining portion of the original term is short i.e. 3 months, the lengthy appointment process will reoccur almost immediately. These redundant interviews can be frustrating and time-consuming for applicants and the members of the Mayor's Appointments Advisory Committee. The process of interviewing and appointing new members to full terms would continue to be done as it is now. The opening is advertised, applicants submit Citizen Interest Applications, are interviewed by the Mayor's Appointments Advisory Committee, and the new member is appointed by Council. In the proposed modification of that process, interviews would be held to fill full terms of 3 or 4 years depending upon which committee has an opening or openings. New members and 1 or 2 alternates, designated as 1st alternate and 2nd alternate, would be selected from the applicants who were interviewed and would be submitted to Council for appointment. Later, if an alternate were needed to complete a term, the Council would appoint that individual as a member of that specific committee. A person who originally applied to become a member of the Library Board would be appointed as an alternate only to the Library Board. The same would be true for the Budget Committee and Planning Commission. Alternates would be encouraged, but not required to attend the committee meetings, would receive the information packets, and would be offered the opportunity to participate in any training offered. An alternate would not sit with the committee members at meetings, vote or have input beyond what any other citizen would have. That would change, of course, when an alternate became a committee member. When an alternate had served to complete an existing term, that person would be eligible to apply for a new, complete term, and would go through the application and interview process as would any other applicant. Alternates would have the same requirements of residency and occupation as stipulated for members. Two nearby cities use this process to more quickly replace a member who has resigned. They have found that by using this process they can quickly bring a committee back to full membership using a person who 1. has previously been interviewed and was determined to be qualified. 2. has had an opportunity to prepare for membership. One city indicates that this system provides an opportunity to involve more citizens. In the past few years, so many qualified and interested citizens in Tigard have applied for boards and committees that selecting candidates for appointment has sometimes been difficult. An opportunity to involve more citizens is attractive. Modify the accompanying resolution to the satisfaction of a majority of the City Council. Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. NOTES on amending the process of selecting board and committee members to fill midterm openings by appointing designated alternates. There are no costs specific to this resolution. NOTES on amending the process of selecting board and committee members to fill midterm openings. Current process: Each position opening on all boards, committees, commissions, task forces requires 1. Public announcement of the opening 2. Approximately 1 month to receive applications 3. Review of all applications by staff liaison and Mayors Appointments Advisory Committee 4. Interviews, usually of all applicants 5. Selection of recommended candidates 6. Appointment of successful candidates via Consent Agenda at next Council meeting. 7. Notification of all applicants and successful candidates Currently, this process must be carried out even if candidates have recently been interviewed for an earlier opening on the same committee. This entire process can take as much as three months which is acceptable when a term is expiring and the timing is known in advance. Problem: Resignations from boards or committees are generally effective immediately and are usually unforeseen. The Committee from which the member resigns is left with less than optimal membership until the entire process shown above is completed. Problem: Applicants who have recently been interviewed for openings on the same committee may be interviewed again by the same members of the Mayor's Appointment Advisory Committee if they are still interested in serving. This can result in applicants being interviewed multiple times without being selected - a poor use of their time and somewhat insulting if they still aren't appointed the second time around. Problem: The Mayor, Councilperson and staff person involved spend more time interviewing applicants even though they already have sufficient information on a previously interviewed candidate. Proposed solution: When a full-term position on a board or committee opens, the current process shown would be completed. From those persons interviewed, they would select the candidate(s) for immediate appointment. They would also select 1 or 2 alternates. Those individuals would be asked if they would be willing to be named as alternates. The names of the alternates would be submitted for appointment and would be identified as alternates. In the event that any member of that committee resigned before the completion of the full term, the first alternate would be contacted and asked to complete that term. If the first alternate were unable or unwilling to accept that position, the second alternate would be asked Duties of an alternate: The appointed alternates would be encouraged to attend the committee meetings, would receive all relevant materials, participate in any training, and would have as much opportunity to be heard as any other citizen but no more FF CITY.•OF TIGARD. OREGON RESOLUTION NO. 01- NoAlAgeoe~a. Tf'eGv, a- / 4 A RESOLUTION RECOGNIZING LOREEN R- MILLS FOR THIRTY YEARS OF SERVICE TO THE CITY OF TIGARD WHEREAS, Loreen R. Mills began service to the City of Tigard on April 1, 1971, and WHEREAS, since initiating employment with City, Loreen has devoted thirty years of her life to serving the citizens of Tigard, and WHEREAS, in her tenure with the City, Loreen has held a variety of positions starting as a Clerk Typist, then Administrative Secretary, Office Manager, City Recorder, Support Services Manager, Administrative Services Manager, Acting Public Works Director and Senior Management Analyst/Risk Manager. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that the Tigard City Council congratulates Loreen R Mills and expresses its appreciation for her devotion to serving the citizens of Tigard for the past thirty years: PASSED: This 245ay of 2001. Council President - City of Tigard ATTEST: City Recorder - City of Tigard MEMORANDUM TO: Craig Prosser Finance Director FROM: Tom Imdieke-%~, Budget and Financial Operations Manager RE: Utility Billing Receipting Proposal DATE: April 10, 2001 The Financial Operations Division's proposed budget for FY 2002, includes funds to contract with Clark Public Utilities to provide utility billing remittance processing. By entering into this contract, the City would avoid future investments in equipment as well as additional staff labor hours. Currently, the City's Utility Billing staff processes over 106,500 payments which includes the receipting and posting of these payments to individual accounts. Time spent processing this increasing volume takes away valuable time for responding to customer inquiries in a timely manner as well as for preparing the billing statements. The Clark County Treasurer's Office and Clark Public Utilities acquired automated equipment enabling the utility to process payments at a rate of 250 items per minute. This investment in equipment was approximately $500,000. Clark Public Utilities currently utilizes the equipment to process receipts for six different clients: Clark Public Utilities, Clark County Treasurer's Office, City of Vancouver, Tualatin Valley Water District, Unified Sewerage Agency, and the City of Camas. This Remittance Processing System also allows for all items, checks and utility bill stubs to be imaged, front and back. This allows for a much faster response time for research and archive retrieval of payment information. It is possible for a remote client to retrieve image data at individual locations. Once processing is complete, the host information is then transmitted to a client via the Internet. These payments can then be posted to individual customer accounts by 2:00 p.m. on the same day. A courier service then returns payment stubs and other mail to the client. When items are encoded and endorsed, the checks are sorted to different banks using the information on the checks. This means that a deposit is made on the same day that payments are received by the processing center. all utility bill If the City of Tigard contracts with Clark Public Utilities for this service, payments sent in by mail would be addressed to a City of Vancouver address. Customers would still have the ability to pay in person, however, at the office in the Tigard Water Building. Projected costs for this contract are estimated to be approximately $17,000 per year with initial setup costs to be in the range of $8,200. As volumes increase, per item rates will decrease with all clients sharing in the overall lower cost of operation. Contracting for these services eliminates the need to add staff to the Utility Billing Section of the Finance Department, allows payments to be credited to customer accounts and deposited in the bank on the same day received, and enhances staff ability to research customer accounts and respond to customer inquiries. Utility Billing staff would also continue preparing and mailing the statements to customers.