City Council Packet - 05/15/2001. A
PUBLIC NOTICE:
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 date by calling:
503-639-4171, x309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for
the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - May 15, 2001
page 1
AGENDA
TIGARD CITY COUNCIL. WORKSHOP MEETING
May 15, 2001
6:30 PM
i . WORKSHOP MEETING
1.1 Call to Order - City Council
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications az Liaison Reports
1.5 Call to Council and Staff for Non Agenda Items
6:35 PM
2. TIGARD MUNICIPAL COURT ANNUAL REPORT AND MEETING WITH
JUDGE O'BRIEN
a. Staff Report: Finance Staff ai Municipal Court Judge O'Brien
b. Council Discussion, Questions, Comments
7:05 PM
3. COMMUNICATIONS UPDATE
a. Staff Report: Administration Staff
b. Council Discussion, Questions, Comments
7:25 PM
4. DURHAM QUARRY UPDATE
a. Staff Report: Community Development Staff
b. Council Discussion, Questions, Comments
7:40 PM
5. STRATEGIC PLANNING OF FUNDING FOR THE LIBRARY,
TRANSPORTATION, RECREATION AND PUBLIC FACILITY NEEDS/GENERAL
FUND
a. Staff Report: Administration Staff
b. Council Discussion, Questions, Comments
COUNCIL AGENDA - May 15, 2001
page 2
.A
8:10 PM
6. REVIEW OF PROPOSED REVISIONS TO TIGARD MUNICIPAL CODE CHAPTER
13.09, REIMBURSEMENT DISTRICTS
a. Staff Report: Engineering Staff
b. Council Discussion, Questions, Comments
C. Council Direction: Should the Council direct staff to prepare the proposed
revisions to Tigard Municipal Code 13.09, Reimbursement Districts
8:25 PM
7. DISCUSSION OF CITY ATTORNEY RATE INCREASE
a. Staff Report: Administration Staff
b. Council Discussion, Questions, Comments
8:40 PM
8. CITY MANAGER REVIEW
9:20 PM
9. COUNCIL LIAISON REPORTS
9:30 PM
10. NON-AGENDA ITEMS
9:40 PM
11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If
an Executive Session is called 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),
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.
10:00 PM
12. ADJOURNMENT
\1TIG333%US R\DEPTS\ADMICATHY\CCA\010515.DOC
CO. 11NCIL AGENDA - May 15, 2001
page 3
Agenda Item No. 4. 1
Meeting of 7 - m - o l
TIGARD CITY COUNCIL WORKSHOP
MEETING MINUTES
May 15, 2001
WORKSHOP MEETING
1.1 Call to Order -Mayor Griffith called the meeting to order at 6:33 p.m.
1.2 Roll Call: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla
Others Present: City Manager Bill Monahan, City Recorder Catherine
Wheatley, Assistant to the City Manager Liz Newton, Public Works Director
Ed Wegner, Finance Director Craig Prosser, Office Services and Court
Manager Nadine Robinson, and City Engineer Gus Duenas.
1.3 Pledge of Allegiance
1.4 Council Communications 8T Liaison Reports: None
1.5 Call to Council and Staff for Non Agenda Items
(See Item No. 10)
2. TIGARD MUNICIPAL COURT ANNUAL REPORT AND MEETING WITH
JUDGE O'BRIEN
Councilor Scheckla arrived at 6:35 p.m.
Discussion of Photo Radar and Photo Red Light Program
Judge O'Brien reviewed with the City Council the current situation with photo radar.
Vendor issues have caused some reconsideration of the implementation date for
Tigard. Rather than "piggy-backing" onto previous agreements with other
jurisdictions, a whole new contract is under review. It is likely that it will be
September before the matter is placed before the City Council. judge O'Brien noted
that as Tigard implements the program, it will have the benefit of the City of
Beaverton's experience. Cost issues, including initial capital investment, are being
review by the Police Chief.
In response to a question from Councilor Scheckla, Judge O'Brien advised that he was
aware of only two vendors for photo radar/red light. Oregon cities utilizing this
technology are Beaverton and Portland.
Judge O'Brien discussed the legislation enabling the City of Tigard to participate in the
photo radar/red light program. If shown to be effective, this program will probably
be applied statewide. Judge O'Brien noted a court case concerning this program and
said information on this case could be made available for City Council review. The
COUNCIL MEETING MINUTES - May 15, 2001 page 1
case will be going to the Supreme Court when it reviews constitutional issues.
Information on this court case Is on file with the City Recorder.
Judge O'Brien reviewed the expectations that, when implemented, photo radar would
generate 600 more cases a month. The City would need additional court staff.
There is some concern that 1,000 cases a month would be needed to become cost
effective.
Discussion of Juvenile Caseload
Judge O'Brien explained that juveniles are currently cited into Tigard Municipal Court
and Peer Court for minor offenses. The Washington County Juvenile Court has asked
the City of Tigard to consider expanding its juvenile caseload since that court often
lacks the resources to effectively respond to first offenders. For more detailed
information, the Staff Report is on file with the City Recorder.
Discussion followed. A study will be conducted to review the number of cases to be
referred. Judge O'Brien's sense was that it would be about 50 cases per month,
which he thought would be manageable. Some subsidy for cost of this service would
be expected from Washington County. Information from the study should be
available around July 1. It is anticipated this item could be before the Council for
further consideration in September. Initial comments indicated the City Council was
in favor of pursuing this matter, noting the success of Peer Court (low recidivism) and
attention to first-time offenders for minor offenses.
3. COMMUNICATIONS UPDATE
Assistant to the City Manager Liz Newton presented the staff report and reviewed the
communication tools being utilized by the City of Tigard staff. Detailed information of
the City of Tigard communication plan is on file with the City Recorder.
Comments included the following:
• Neighborhood meetings are held with developers for proposed developments. If a
developer withdraws or decides not to pursue the project, the neighbors are not
notified.
• Press releases are issued each week and the media uses this information most of the
time.
• Community Connector releases are issued regularly. Over 900 households in the
Summerfield area were recently incorporated into the program.
• Nine individuals are being trained or are in the process of being trained to use the
camera equipment for cable television productions.
COUNCIL MEETING MINUTES - May 15, 2001 page 2
• Cable television showcase programs for this year are planned for the Library and
the 401 Birthday Celebration.
• Suggestion: Include the Budget Committee minutes on the website.
• A copy of the first "Goal Guide" was distributed to the City Council.
4.
DURHAM QUARRY UPDATE
Community Development Director Hendryx introduced this agenda item and also
distributed information to the City Council. He introduced Larry Eisenberg from
Washington County who updated the City Council on the status of the Durham
Quarry.
This has been a collaborative process among the jurisdictions of Washington County
and the cities of Tigard, Tualatin and Durham.
Mr. Eisenberg recapped the history of this property and the plans envisioned for its
future to create a mixed-use, destination development. He also discussed the current
high volumes and traffic situation, and described how these issues could be addressed.
Council received information about proposals from "world class developers" from
Teresa Wilson, Property Manager for Washington County. A staff recommendation
for a developer will be submitted to the Washington County Board of Directors on
May 22.
> Russ Rutledge, Tigard High School Envoy, gave his update to the City Council. A
copy of his Student Envoy Report is on file with the City Recorder. Mr. Rutledge
introduced Mr. Nathan Leamy who will be the City Council Envoy for the next
school year. It was noted that Mr. Rutledge received the "Community Leader of the
Year Award."
5. STRATEGIC PLANNING OF FUNDING FOR THE LIBRARY,
TRANSPORTATION, RECREATION AND PUBLIC FACILITY NEEDS/GENERAL
FUND
City Manager Monahan introduced this agenda item. A copy of the PowerPoint
presentation illustrating the highlights of the information offered to the City Council is
on file with the City Recorder.
Finance Director Prosser reviewed the financial forecast. City Manager Monahan
reviewed the election requirements, potential dates, and "realities."
Discussion followed, with key issues identified (brainstormed) as followed:
1. Library
2. Transportation
COUNCIL MEETING MINUTES - May 15, 2001 page 3
Elements: major collectors; alternatives to Pacific Highway 99
Operations and maintenance of roads
3. Local Operating Levies
4. Washington Square Implementation
Transportation
Open space
Drainage
5. Recreation
Programs
Facilities
6. Water Supply Revenue Bond
7. Downtown Redevelopment
8. City Facilities
Renovate library building for offices
Renovate City Hall offices
(possibly from funds set aside now for the Library)
Determine whether feasible or desirable to purchase the water building
Relocate public works
Determine whether to sell the current Public Works yard
Extend life of police building by udl:ling the "Niche" building
9. Parks and Trails
Acquisition
Development
10. Sewer Extension Program
11. Commuter Rail
12. Bus System and Shelters
13. Sidewalks
14. Annexation - Operating and Equipment Costs
15. Urban Growth Boundary Expansion
16. Social Services
17. Affordable Housing
18. Population Diversity
19. Funding Mechanism for Development - Infrastructure
- Downtown
- Triangle
- Washington Square
City staff will review the above list and come back to the City Council at its June 19
workshop meeting with timelines (trigger points) and funding information.
Councilor Patton noted the urgency to move forward on the library in light of the
tight timelines.
COUNCIL MEETING MINUTES - May 15, 2001 page 4
Council consensus was that the library would be addressed first. Components of
transportation could also be addressed as a high priority. The Transportation
Financing Strategies Task Force is not ready to make a proposal, according to City
Engineer Duenas.
Meeting recessed at 9:17 p.m.
Meeting reconvened at 9:21 p.m.
6. REVIEW OF PROPOSED REVISIONS TO TIGARD MUNICIPAL CODE CHAPTER
13.09, REIMBURSEMENT DISTRICTS
City Engineer Duenas reviewed this agenda item. A copy of the staff report and the
PowerPoint presentation is on file with the City Recorder.
After brief discussion, Council agreed to the staff recommendations updating the
TMC, as outlined by staff:
Retain the flexibility of the existing ordinance.
o Allow administrative overhead costs to be included in the reimbursement fee.
• Allow the cost of purchasing an easement within the reimbursement district to be
included in the reimbursement fee.
Staff will propose an incentive program on June 12, 2001.
7. DISCUSSION OF CITY ATTORNEY RATE INCREASE
City Manager Monahan noted this agenda item was a continuation of the discussion
from the May 8, 2001, City Council meeting. A copy of the staff report outlining
the rate increase proposed by City Attorney staff is on file with the City Recorder.
Staff recommended that the City Council approve the rate increase effective July 1,
2001. Council consensus was for staff to proceed by placing this item on the Council
business agenda.
(Note: Item No. 10, Non Agenda Items, was discussed at this time.)
8. CITY MANAGER REVIEW
Mayor Griffith distributed a summary of tabulated results of a performance review
form that was completed by the City Council for City Manager Monahan. He advised
that, primarily, ali areas of performance were commented on favorably. Areas of
concern were in "organization and planning" insofar as comments were made that
Council members would like to see the City Manager place greater emphasis on long-
range planning, with more day-to-day items delegated to the department heads.
COUNCIL MEETING MINUTES - May 15, 2001 page 5
Mayor Griffith reviewed each of the evaluation areas. A copy of the tabulated
performance evaluation form is on file with the City Recorder.
Communication skills were rated high.
Leadership skills are acceptable. Several Council members noted they would be
amenable to the City Manager taking more risks.
Council noted that financially the City is in good shape. The Mayor noted that
Finance Director Prosser is doing a good job through the City Manager's guidance.
Job knowledge posed no areas of concern for the Council. The Mayor advised the
City Manager that, "You know your job and you do it very well."
Councilor Patton said that overall the City Manager was doing an excellent job. She
noted his good skill in selecting employees; that is, hiring the right people for the right
job.
Councilor Moore advised that he thought the City Manager was doing a great job and
said that Mr. Monahan is easy to work with.
Councilor Dirksen noted that he "took a light hand on this evaluation because of
newness." He said he thought the City of Tigard was fortunate to have Bill Monahan
as its City Manager. He said he was inclined to disagree with the comment that the
City Manager should focus more on long-range planning, saying that he thought this
should be a City Council responsibility. Also, he said he wasn't sure If the City
Manager should be taking a lot of risks, again noting this may be an assignment for the
City Council.
Councilor Moore explained that he would like the City Manager to be aggressive and
identify alternatives ('outside the box"). He said it's easier to ask the Manager to pull
back rather than to "send out there."
Councilor Scheckla said he did not know if the City Manager should be taking a lot of
risks, but agreed he would like the Council to be presented with more options. He
said he thinks the City Manager does a great job of keeping the City Council Informed
and referred to the weekly newsletter. He also said he appreciated the manner in
which the City Manager "gets out in the community" and represents the City in a
positive light.
City Manager Monahan noted the cost of living allowance Is automatically provided
for in his contract. This is the last year of a four-year contract. Councilor Moore
noted that this contract should be reviewed by the City Council within the next six
months.
COUNCIL MEETING MINUTES - May 15, 2001 page 6
There was discussion on the City Council setting some goals for the City Manager for
the coming year. Councilor Moore suggested the goals then be reviewed on a
quarterly basis.
Mr. Monahan will provide additional information for the City Council that will assist in
a review of compensation (to be discussed at the next City Council meeting).
City Manager Monahan described a program with the International City/County
Management Association (ICMA), known as the Resource Cities Program. iCMA
approached the City of Tigard asking if the City would be interested in exporting local
government expertise to a locality that needs and desires assistance in building a strong
democratic organization. The City Manager explained there might be an opportunity
to partner with Washington County to assist Bekasi, Indonesia. Mr. Monahan
described the length of the program and the commitment that would be expected of
the City. He said this would be an good employment incentive for him and for
department heads and other staff members who have "topped out" in their salary
range.
Majority Council consensus was that the ICMA program should be investigated
further. Comments included that it was a good idea for professional development and
also a good way for the City to recognize the contributions of staff. Councilor
Scheckla asked for more information noting there might be a perceptual concern in
the community if the City asks for more resources while also sending staff out of the
country. City Manager Monahan will send additional information to City Council for
review.
9. COUNCIL LIAISON REPORTS: None
10. NON-AGENDA ITEMS
The following items were noted:
■ The Westside Transportation Alliance Board of Directors list was distributed
to City Council.
A memorandum from City Manager Monahan concerning the Tigard High
School Graduation Fireworks was distributed to the City Council.
Previously, the School District asked that the City consider placing the
graduation fireworks under the City insurance policy. Since that time, the
School District has found and purchased insurance for this event. A copy of
the memorandum is on file with the City Recorder.
■ A memorandum from City Manager Monahan concerning a "smoke-free"
ordinance was distributed to the City Council. The City Council, at a
previous meeting, indicated it was not interested in pursuing such an
COUNCIL MEETING MINUTES - May 15, 2001 page 7
ordinance. Information on how the City of Tualatin is proceeding on this
matter was included. A copy of the memorandum Is on file with the City
Recorder.
Mr. Monahan advised that Recognition Resolutions will be proposed for:
1) Acknowledgement of 20 Years of Service of the Ramis, Crew,
Corrigan and Bachrach law firm at the June 12 meeting
2) Acknowledgement of Tigard High School Student Envoy Russ Rutledge
at the ] une 12 meeting
Councilor Patton updated the Council about Mr. Jaime Ramsey, who
appeared at the City Council Visitor's Agenda on May 8. Mr. Ramsey will
be invited to attend an upcoming 1WB meeting, after Public Works Director
Wegner notifies IWB representatives. This meeting would provide an
opportunity for representatives of all jurisdictions to respond to Mr.
Ramsey's questions.
A bus located on SW 1131 (and the subject of a Visitor's Agenda issue
presented by Mr. Stanley Wood at the May 8, 2001, City Council
meeting) was towed off this site today.
(Note: At this time the City Manager's Review, Item No. 8, was conducted)
11. EXECUTIVE SESSION: Canceled
12. ADJOURNMENT: 10:16 p.m.
City Recorder, Catherine Wheatley
Attest:
COUNCIL MEETING MINUTES - May 15, 2001 page 8
\\T I G 333U_I S R\D E PTS\AD M\CATHY\C CA\010515.000
AGENDA
TIGARD CITY COUNCIL WORKSHOP MEETING
MAY 15, 2001 - 6:30 p.m.
➢ Study Meeting
N/A - Workshop Meeting
➢ Administrative Items/ Non Agenda
■ Westside Transportation Alliance - Board of Directors List. - (Distributed
to City Council)
■ Tigard High School Graduation Fireworks - Memo from Bill Monahan
(Distributed to City Council.)
■ Smoke-Free Ordinance - Memo from Bill Monahan (Distributed to city
Council.)
• Recognition Resolutions will be proposed for
1) Acknowledgement of 20 Years of Service of the Ramis, Crew,
Corrigan and Bachrach law firm. (June 12 meeting).
2) Acknowledgement of Tigard High School Student Envoy Russ
Rutledge (June 12 meeting).
No Executive Session Meeting is scheduled...
05/11/2001 08:05 6174976
101irestsida Transportation Alliance
Board of Directors - 2001
Kim Duncan, Exec. Dir. Mrktng d, Cust Service;
Trl Met C~1-f'J~ticip
4012 S. E. 17th Ave. $ ao r+ t mlime
Portland, OR 97202
Ph 982-5819; Fax ; duncanketri-met.org
Mark Gorman, Sr. Mrktng Specialist;
Intel Corp. p; Ott c ,As,
5200 N. E. Elam Young Pkwy. JF3-107
Hillsboro, OR 97124.6497
Ph 264-3561; Fax 2541823;
marlkre_pub att'alrs_gomwn®ccm.1f.intel.oom
Kathleen A. Lehtola, Assist. Dlr. Land Use 8 Transp.;
Washington County $Lt re fa ry/
155 N. First, Suite 350.18
Hibbom. OR 97124-3072 rC.tS r"
Ph 640.1408; Fax 840.958&, kathy_iehtolaCoo.washington.or.us
Kimberly Plllon, Environmental Adm.;
Fred Meyer Dt irtahr
P. O. Box 42121
Portland, OR 97242
Ph 797-7915; Fax 797-5509; kpillon4Mhedmeyer.oom
John Gaffel, Sr. V. P. Marketing &
Timberline Software Corp.
15195 N. W. Greenbrier Pkwy.
Beaverton, OR 97005
Ph 439-5180; Fax 439-5960; )ohnt
NlcHerriges,; Wrsc~wr
9005 S. W. Awry St
Tualatin, OR 97062
Ph 753-5769; Fax ; hertigesolaw.oom
mow 401K C.dsMce *A
wA6 Wi44L /00,4103K iA,
Linda Odekirk, Transportation Specialist;
Nuke Inc.
Facilities JR-4, One Bowerman Drive
Beaverton, OR 97006
Ph 532-2786; Fax 532-2925; Ilndo.odekir
PAGE 0:
com
~4S
CORRECTION
THE PRECEEDING RECORD OR DOCUMENTS HAVE BEEN
RE-PHOTOGRAPHED TO ASSURE LEGIBILITY OR SEQUENCE
AND THEIR IMAGE OR IMAGES APPEAR TMMEDIATLEY
2"
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(0-
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 (j) -
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.
I:WDWCATHMOUNCI000 PINK SHEET 010515.DOC
05/11/2001 08:05 6174976
Westside Transportation Alliance
Board of Directors - 2001
Kin Duncan, Exec. Dir. Mrktng & Cost Service;
Td-Met Y•r' >ditip
4012 S. E. 17th Ave. oa Nrow~ r
Portland, OR 97202
Ph 962-5819; Fax ; duncsnki) W-met.org
Mark Gorman, Sr. Mrktng Specialist;
Intel Corp. Pr` ~►r
5200 N. E. Elam Young Pkwy. JF3-1o7
Hillsboro, OR 971244497
Ph 264-3581; Fax 264-1823;
rns"-pub aBais_gormana=n.n.intai.oui.1
Kathkmn A. Lehtols, Assist. Dir. Land Use & Transp.;
Washington County Stc ra11'! P
155 N. First. Suite 350-18
Hillsboro, OR 97124-3072 1P4AS&&rr-r
Ph 640-5406; Fax 640-3588; knthy_bhtolaGco.washington.or.us
Kimberly Pillon, Environmental Adm.;
Fred Meyer ~r redbr
P. O. Box 42121
Portland, OR 97242
Ph 797-7915; Fax 797-5809; kpillon(Mrrodmeyer.oom
PAGE 02
John Getfel, Sr. V. P. Marketing & Operat .
Tmberllne Sotlwan Corp. 0-1V ;r
15195 N. W. Gmenbrier Pkwy.
Beaverton, OR 97006
Ph 439-5160; Fax 439-5960; john"Urnit rline.corr
Nk: Herrigea, ; L>. &Chr
9M S. W. Avery St
Tualatin, OR 97052
Ph 753.5769; Fax; hsrriges®tew.com
~dw 1AP1K cooltAtr er S brA
w;4!4- A ,%4103V 7.. *x3 m b+..s
Linda Odekirk, Transportation Specialist; -Fp
Nice Inc.
Facilities JR-4, One Bowerman Drive
Beaverton, OR 97006
Ph 532-2788; Fax 532-2925; lindo.odekirk nike.com
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor a d City Council Members
FROM: Bill Monaha
DATE: May 15, 2001
SUBJECT: Tigard High School Graduation Fireworks
Last week the Council discussed Superintendent of Schools Steve Lowder's request that
the City consider placing the graduation fireworks under the City insurance policy. Council
gave me direction on how to proceed.
After a number of telephone messages, I sent Steve Lowder an e-mail on May 11 stating
the issues which Council suggested needed to be addressed before the City could place
the event under our insurance policy. Mr. Lowder acknowledged my memo and forwarded
it to his risk manager.
Yesterday, Loreen Mills was contacted by Jan Irwin, risk manager for the school district.
Apparently, Ms. Irwin had already bought insurance for the fireworks display, not aware
that Mr. Lowder was working with us.
Since the district already has insurance, Loreen was advised that City coverage was not
needed this year. It is not clear whether the district will request coverage next year. The
district is aware that there is no certainty that the City insurance policy in place next year
will allow us to add the event.
No further action is expected on this matter.
I:VADMIBILLWEMOSIGRADUATION FIREWORKS INSURANCEAOC
From: Bill Monahan
To: slowder@ttsd.kl2.or.us
Date: 5/11/01 4:35PM
Subject: Graduation
Hi Steve,
Council discussed your request for the City to provide coverage for the fireworks to be displayed at the
graduation. Council authorized me to work with you to accomplish this so long as the City does not incur
cost or exposure.
Here are the items we need to address;
- while there is no charge for the coverage under the City's insurance policy this year, should there be a
problem resulting from the fireworks, our cost of future coverage could be affected by the problem. Thus,
for the City to cover the event, we will need written assurance that the District will indemnify us for all costs
which could result from the fireworks (future insurance policies).
- if the City provides the coverage, it is for this year only. Should the District wish to have fireworks at a
future graduation event, a new request will be needed. Our present insurance policy would allow us to
add the event, we may not have the same carrier in the future, thus we may not be able to offer our
assistance.
- Council would like to have assurance from the District that all neighbors in the surrounding area are
given sufficient advance notice that fireworks will be part of the exercise. Such notice should provide
sufficient detail so the neighbors know what to expect.
- as your letter indicates, the person handling and setting off the fireworks is a licenced pyrotechnician,
with all credentials up to date and on file.
- the Fire Marshal must review and sign off on the plan in advance.
From the information contained in your letter, I believe the issues should be easily addressed. Loreen
Mills, our risk manager, will handle the details from our end. Loreen has advised me that we need
information as soon as possible. Once we get an agreement to sign Loreen can arrange for coverage and
obtain the appropriate documentation from our carrier.
Best wishes,
Bill
Bill Monahan
City Manager
(503) 639-4171, ext 306
bill@ci.tigard.or.us
CC: Loreen Mills
. uaiuo/ut •lUE 14:14 FAX 503 431 4047 TIGARD TUALATIN SCHOOLS
[a 00
Tigard - TUalatiin School Llis&ict 231 - - ►
Larry Hibbard Administration center
6960 SW sandburg street
Tigard, Oregon 97223 Svc/~,,~ yv~"
503-431-4000 • fax 503-431-4047
www.ttsdAllor.us
April 25, 2001
Cathy Wheatley
City of Tigard
13125 SW Hall St.
Tigard, OR 97223
RE: Sponsorship Assistance for Tigard High School Graduation
Dear Cathy,
On behalf of Tigard High School, I am requesti-ig the assistance of the City of Tigard in sponsoring
the high school graduation. As you know this event is scheduled for Friday, June 8, 2001
beginning at 7:30 p.m., and will be held on the grounds of Tigard High School- The particular area
of concern is the fireworks display that the seniors have planned. The insurance carrier for the
District has refused to endorse this activity onto the District's policy unless a premium payment of
$10,000 is made. Obviously, this is beyond the financial means of the Tigard Senior Class, as well
as the District.
We understand that the City of Tigard has the ability to endorse onto their insurance policy one-
time events such as the planned fireworks display- Our desire is that the City assist the District by
providing coverage for the licensed pyrotechnic:ian. Tom Bryan has told me that the Fire Marshal
needs a certificate of coverage in order to permit the display- Naturally, the District will be
responsible for the premium charged for this endorsement. Should the cost of placing this
insurance rider exceed $250, please notify me before ordering this coverage.
Thank you for your assistance in solving this problem. If you have any questions, please contact
my. assistant, Cathy Ohm or me at 43113002.
Respectfu I I
Steve Lowder, Ed.D
Superintendent
cc: School Board
Mark Kubiaczyk, THS Principal
Barb Proctor, THS Associate Principal
Page 1 of 1
FYI - there is no charge for the coverage under the City's policy this year. Let me know when you get the
agreement you are looking for with the School District and we can get the coverage issued the same day.
Thanks
Loreen
file://C:\WINDOWS\TEMP\GW } 00009.HTM 5111101
v
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and City Council Members
FRONT: Bill Monaha
DATE: May 15, 2001
SUBJECT: Smoke-Free Ordinance
Last week the City Council discussed the City of Tualatin's proposed ordinance which
would prohibit smoking in public places within Tualatin, including restaurants. Council
advised that it is not interested in considering a similar ordinance at this time.
Last week I advised Mayor Lou Ogden and City Manager Steve Wheeler of Tualatin of the
Council's direction. Both Mayor Ogden and Manager Wheeler understood the City's
position and noted that Tuala*.,, will press ahead to discuss a proposed ordinance.
Please note that the City of Tualatin council will consider a revised ordinance on May 29.
Steve Wheeler's letter of May 3, 2001, notes the modifications the council will consider
when it discusses the ordinance on May 29.
This memo and attached documents are provided for information only, no action is
proposed.
aft
I:W DM0LLWEMOSZWKEf REE.DOC
uailuiul THU 11:51 FAX 503 692 5421 CITY OF TUAL.ATIN [it 002
2jx&~,' City of Tualatin
18880 SW Martinani Avenue
Tualatin, Oregon 97068-7095
A~ Main 503.692.5000
TDD 503.692.0574
May 3, 2001
Mayor Rob Drake
City of Beaverton
P.O. Box 4755
Beaverton, OR 97076
Rob:
Mayor Ogden asked me to send you a draft of the proposed smoke-free ordinance in
Tualatin. It is enclosed, along with our covering staff report.
In addition the following modifications will be considered:
Eliminating the requirement that businesses post their no smoking policy;
Have the fine start at s $100 for first offenses (eliminating the not < $50 for
a first violation.
Have a review of bars (which are not covered under this ordinance) at time
certain, perhaps six months or a year, to determine if they should also be
covered by the ordinance.
It is most likely to be considered in final format at the City Council's May 29th meeting.
Please let me know if you have additional questions.
Sincerely,
Steve Wheeler
City Manager
ms
enclosure
it"rek90503.1tr
c. Tualatin Mayor Lou Ogden (letter only)
.~.i. vv~vi iuc ti. oa rraa ~uJ bV2 b421 CITY OF TUALATIN
City of Tualatin, Oregon
COUNCIL AGENDA STATEMENT
Meeting Date April 23, 2001
Agenda Item No.
1@004
Item Title DISCUSSION OF PROPOSED ORDINANCE PREPARED BY TOBACCO-FREE
COALITION OF WASHINGTON COUNTY.
Prepared by Brenda Braden, City Attorney- Department Legal Services
Explanation At the request of the Tobacco-Free Coalition of Washington County, Councilor
Bergstrom asked staff to place the Coalition's proposed ordinance regarding tobacco usage on the
agenda for discussion. The proposed ordinance contains the following important provisions:
1. Smoking would be prohibited in all public places within the City, including restaurants, and
common use areas such as lobbies.
2. Smoking would be prohibited in work places and employers would be required to maintain a
written smoking policy. However, employers would not be required to spend money to make
physical or structural alterations to their facilities.
3. Smoking could not occur within 10 feet of an entrance of an enclosed area where smoking is
prohibited.
4. Bars where minors are prohibited at all times, private residences that are not used as a daycare
or healthcare facility and rented hotel/motel rooms are not subject to the smoking restrictions.
5. It prohibits the sale of tobacco products by self-service machines except machines regulated by
Oregon state law or where minors are prohibited on the premises.
6. It prohibits a person from selling tobacco in any form to a minor,
7. It prohibits advertising tobacco products closer than 36 inches from the floor.
8. Violations would be infractions with fines up to $500, and would be heard by the Municipal Court.
Special Issues If Council decides an ordinance should be brought forward, the proposed ordinance
would be redrafted into the City's format and style.
Financial Statement There would be the cost of enforcing the ordinance if it is passed. At the
present time we would anticipate enforcement on a complaint basis, rather than actively seeking
violations.
Account No.
Recommendation Consider the proposed ordinance. Council may adopt the ordinance as written
(subject to redrafting for format changes); modify portions of the ordinance or take no action on the
proposed ordinance (effectively rejecting it.) Discussed `P
Approved By Tualatin City Council
Board/Commission Recommendation n/a Date Y/a3/Ot
Attachments (Listed Below) v
Proposed ordinance language
vv' - - 1VI... 14-4u rAn aua OV2 5411 CITY OF TUALATIN
Proposed Ordinance Language
Prepared by Tobacco-Free Coalition of Washington County
Chapter 1. Definitions.
1. Bar - An area which is devoted to the serving of alcoholic beverages for consumption
by guests on the premises and in which the serving of food is only incidental to the
consumption of such beverages. A "bar" for the purpose of this definition does not
include any establishment where minors are allowed at any time whether such minor is
a patron or employee. A "bar" for the purpose of this definition does not include any
establishment where tobacco smoke can filter into areas where smoking is prohibited
through a passageway, ventilation system, or any other means.
2. Business - Any sole proprietorship, partnership, joint venture, corporation, or other
business entity, including retail establishments where goods or services are sold as well
as professional corporations and other entities where professional services are
delivered.
3. Employee - Any person who is employed by any employer in the consideration for
direct or indirect monetary wages or profit, and any person who volunteers his or her
services for a non-profit entity.
a. Employer Any person or entity who employs the services of one or more individuals.
5. Enclosed area - All space between a floor and a ceiling which is exposed on all sides
by solid walls or windows (exclusive of doors or passageways) which extend from the
floor to the ceiling, including all space therein screened by partitions which do not extend
to the ceiling or are not solid, "office landscaping" or similar structure.
6. Mlnor - Any person under the age of eighteen (18).
7. Place of employment - Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and rest rooms, conference
and class rooms, cafeterias and hallways. A private residence is not a `place of
employment" unless it is used as a childcare, adult day care, or health care facility.
8. Public place - Any enclosed area to which the public is invited or in which the public is
permitted including but not limited to banks, education facilities, health facilities,
Laundromats, public transportation facilities, reception areas, restaurants, retail food
production and marketing establishments, retail service establishments, retail stores,
theaters, and waiting rooms. A private residence is not a'public place' unless it•is used
as a childcare, adult day care, or health care facility.
9. Restaurant - Any coffee shop, cafeteria, sandwich stand, private or public school
cafeteria, and any other eating establishment which gives or offers for salg food to the
public, guests, or employees, as well as kitchens in which food is prepared on the
premises for serving elsewhere, including catering facilities, except that the term
"restaurant" shall not include a cocktail lounge dr tavern if said cocktail lounge or tavern
is a "bar" as defined in Definition (1) above.
LUG 11:4u rnA Sus 692 5421 CITY OF TUALATIN
Page 2
10. Retail tobacco store -A retail store utilized primarily for the sale of tobacco products
and accessories and in which the sale of other products is merely incidental and no
minors are allowed on the premises at any time.
11. service line Any indoor line, or any portion of an indoor line that extends out of doors,
at which one or more persons are waiting for or receiving services of any kind, whether
or not such services involves the exchange of money.
12. Smoking - Any inhaling, exhaling, burning, or carving any lighted cigar, cigarette, pipe,
weed, plant, or other tobacco like product or substance in any manner or in any form.
13. Sports Arena - Any sports pavilion, gymnasium, health spa, boxing arena, swimming
pool, roller and ice rinks, and other places where members of the general public
assemble either to engage in physical exercise, participate in athletic competition, or
witness sports events except bowling alleys.
14. Tobacco product Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco,
chewing tobacco, or any other form of tobacco which may be utilized for smoking,
chewing, inhalation, or other means of ingestion.
15. Vendor-assisted - Only a store employee has access to the tobacco product and
assists the customer by supplying the tobacco product; the customer does not take
possession of the tobacco product until after it is purchased.
Chapter 2. Tobacco products and smoking.
Sec. 2000. Smoklna erohiblted In public places.
1. Smoking shall be prohibited in all enclosed public places within the City or located on
City owned property, including, but not limited to the following places:
a. Elevators;
b. Rest rooms, lobbies, reception areas, hallways, and any other common-use areas;
C. Buses, taxicabs, and any other means of public transportation under the authority
of the City;
d. Service lines, or within 10 feet of a service line that extends out of doors;
e. Retail stores;
f. All areas available and customarily used by the general public located in all
businesses patronized by the public, including non-profit and public businesses.
Affected businesses include, but are not limited to, professional offices, banks,
Iraundromats, hotels and motels;
g, Restaurants;
h. Any facility which is primarily used for exhibiting any motion picture, state or drama
production, lecture, music recital or other similar performances, except performers
when smoking is part of a stage or drama production; - -
L Sports arena, including convention halls;
j. Every room, chamber, place of meeting or public assembly, including school
buildings under the control of any board, council commission, committee, including
joint committees, or agencies of the City or any political subdivision of the City
121004
ivz 11:41 rAe Dui OW2 5421 CITY OF TUAL.ATIN
Page 3
during such time as a public meeting is in progress, to the extent such a place is
subject to the jurisdiction of the City;
k. Waiting rooms, hallways, wards, and semiprivate rooms of health care facilities,
including, f tot limited to, hospitals, clinics, physical therapy facilities, doctors
and dentist z, cffices;
1. Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailers parks, retirement facilities, nursing homes, and other
multiple-unit residential facilities; and
rn. Polling places.
2. Notwithstanding any other provision of this section, any owner, operator, manager or
other person who controls any establishment or facility may declare that entire
establishment or faciiity.as a non-smoking establishment.
Sec 2001 Smoking prohibited in places of employment.
1. It shall be the responsibility of employers to provide a smoke-free work place for all
employees, but employers are not required to incur any expense to make structural or
other physical madifications.
2. Within 90 days of the effective date of this article, each employer having an enclosed
place of employment located within the City shall adopt, implement, make known and
maintain a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment
without exception. This includes common work areas, auditoriums, classrooms,
conference and meeting rooms, private offices, elevators, hallways, medical facilities,
cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed
facilities.
3. The smoking policy shall be communicated to all employees within three (3) weeks of its
adoption.
4. All employers shall supply a written copy of the smoking policy upon request to any
existing or prospective employee.
Sec 2002 Smoking prohibited outside entrances.
Smoking shall not occur within a reasonable distance, not to be less than ten (10) feet, of any
entrance of any enclosed area where smoking is prohibited or of any service line that extends
out of doors.
Sec 2003 Places where smoking is not regulated.
Notwithstanding any other provision of this section to the contrary, the following areas
shall not be subject to any smoking restrictions contained within this section:-
-Q 00
a. Bars which meet the requirements of Chapter 1, definition 1 of this Ordinance;
b. Retail tobacco stores;
u.1. uo,ul LLIL 11:41 FA.& 503 892 5421 CITY OF TUALATIN
Page 4
C. Private residences, unless the private residence is used as a childcare, adult day
care, or health care facility;
d. Rented motel/hotel rooms that are designated in some manner as smoking allowed
rooms by the owners of the establishment renting the rooms;
e. Private rooms rented for an occupancy that exceeds one month and that are not
located in a private residence used as a childcare, adult day care or health care
facility.
Sec. 2004. Posting "no smoking" signs.
"No smoking" signs or the international "no smoking" symbol (consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with a red bar across the
cigarette) shall be dearly, sufficiently, and conspicuously posted in every building or
other area where smoking is prohibited by this article, by the owner, manager, or other
person having control of such building or other area, including private residences used
as a child care, adult day care or health care facility.
2. Every public place where smoking is prohibited by this section shall have posed at every
entrance a conspicuous sign stating that smoking is prohibited.
Sec. 2005. Non-retaliation.
It shall be a violation of this section for any person or employer to discharge, refuse to hire, or
in any manner retaliate against any employee, applicant for employment, or customer
because such employee, applicant, or customer reports or attempts to prosecute any
violation of this ordinance.
Sec. 2005. Smoking in or near entrances to publicly o_Wned buildinns.
No person shall smoke anywhere within any publicly owned building.
2. No person shall smoke within '10 feet of any entrance to a publicly owned building.
3. •A violation of this section is a Glass B infraction.
Sec. 2007. Other violations and penalties.
1. It shall be a violation of this chapter for every day any person who owns, manages,
operates or otherwise controls the use of any premises, subject to regulation under this
section, fails to comply with any provisions herein.
2. It shall be a violation of this section for any person to smoke in any area where smoking
is prohibited by the provisions of this section.
3. Any person who violates this section shall be guilty of an infraction, punishable by a fine;
a. Not less than fifty dollars ($50.00), nor more than one hundred dollars ($100,00) for
a first violation within any 12 (twelve) month period;
b. Not less than one hundred dollars ($100.00), nor more than two hundred dollars
($200.00) for a second violation within any 12 (twelve) month period,
IM 00(
vl LUG 11:44 rAA pus U92 5421 CITY OF TUALATIN '-12100
Page 5
C. Not less than two hundred and fifty dollars ($250.00), nor more than five hundred
dollars ($500.00) for each additional violation of this section within any 12 (twelve)
month period.
4. Notwithstanding any other provision of this section, an employer or private citizen may
file a citizen complaint to enforce this section under chapter
Sec. 2008. Severability.
If any provision, clause, sentence, or paragraph of this section or the application thereof to
any person or circumstances shall be held invalid, such invalidity shall not affect the other
provisions of this section which can be given effect without the invalid provision or
application, and to this end the provisions of this section are declared to be severable.
Sec. 2009. Other Laws.
This section shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
Chapter 3. Display of tobacco products
Sec. 3000. Tobacco self-service prohibited
It shall be unlawful for any person, business, tobacco retailer or other establishment subject
to this article to sell, permit to be sold, or offer for sale any tobacco product by means of self-
service displays or by any other means other than vendor-assisted sales.
Sec. 3001. Areas where tobacco self-service is not prohibited
This section shall not apply to tobacco vending machines regulated by Oregon state law,
tobacco retail stores, or to any business, retailer or establishment which is licensed by the
Oregon Liquor Control Commission for a dispensing license and required to be posted
preventing any minors from access to the premises.
Sec_ 3002. Non-retaliation.
No person or employer may discharge, refuse to hire or in any manner retaliate against any
employee, applicant for employment, or customer because such employee, applicant, or
customer reports or attempts to prosecute any violation of this chapter.
Sec. 3003. Responsibility for sales to minors.
A person who owns, operates, manages or is in charge of a business commits a civil violation
if an employee or agent of the business violates this section by distributing, selling, or
causing to be sold, tobacco in any form to a person less than 18 years of age.
Sec, 3004. Penalties.
1, It shall be a violation of this chapter other than Sec. 3403 for every day any person
who owns, manages, operates, or otherwise controls the use of any premises,
subject to regulation under this article, fails to comply with any provisions herein.
our. 11.4A rAA au4 OV2 54'X1 CITY OF TUALATIN
Page 6
2. Any person who violates this section shall be guilty of a violation punishable by a
tine not to exceed Five Hundred Dollars ($500.00).
3. Notwithstanding any other provision of this section, an employer or private citizen
may file a citizen complaint to enforce this section under chapter _ _
Ch_ aoter 4. Tobacco Advertising
Sec. 4000. Advertisina Placement
No tobacco product advertising shall be placed below thirty-six (36) inches, as measured
from the establishment's natural floor.
Sec. 4001. Areas where advertlslna placement not regulated
This section shall not apply to any tobacco retail store or any business, retailer, or
establishment who is presently licensed by the Oregon Liquor Control commission for a
dispensing license, and required to be posted preventing any minors from accessing the
premises.
Sec. 4002. Pion-retaliation.
No person or employer may discharge, refuse to hire or in any manner retaliate against any
employee, applicant for employment, or customer because such employee, applicant, or
customer reports or attempts to prosecute any violation of this chapter.
Sec. 4002. Penalties.
1. It shall be a violation of this section for every day any person who owns, manages,
operates, or otherwise controls the use of any premises, subject to regulation under
this article, fails to comply with any provisions herein.
2. Any person who violates this section shall be guilty of a violation punishable by a fine
not to exceed Five Hundred Dollars ($500.00).
0 008
3. Notwithstanding any other provision of this section, an employer or private citizen may
file a citizen complaint to enforce this section under chapter
Page 1 of 1
FYI - there is no charge for the coverage under the City's policy this year. Let me know when you get the
agreement you are looking for with the School District and we can get the coverage issued the same day.
Thanks
Loreen
file://C:\WINDOWS\TEMP\GW } 00009.HTM 5111101
Tigard High Leadership
9000 SW Durham Road - Tigard - Oregon - 97224
(503) 431-5518 - FAX (503) 431-5410 - http://ths.ttsd.kl2.or.us/leadership/home.htmi
Addlaor
Judy ltdZi
Student Envoy Report
PreR "A thousand mile journey begins with a single step. "
Angela Dawk0an - - Chinese Proverb
Vicar4hesident
Tigard City Council May 15th 2001
Jesse Pickens
ActWRJas
Old Business
cry Maciariailo
April 29
- Rotary Banquet
mry
April 29
- OASC Spring Conference
Annie Man
May 2-18
- IB and AP Testing
May 4
- Battle of the Bands Concert
Treasurer
May 4
- Cinco de Mayo Celebration
Jordan Turner
New Leadership
Relations AAndires Sinunons
April 30
- Class Elections
May 3
- Leadership Parent Night
Assennhiles
May 5-7
- Leadership Training Retreat
Bryn Asher
New Business
Spirit
Trang Nguyen
May 19
- Benefest Concert
May 22
- Leadership Awards Night
J3eeanfe Nguyen
June 1
- "The Den" Club Fundrasing Dance
Envoy
Graduati
on 2001
Russ Rutledge
May 30
- Elementary Teacher Breakfast
June 4
- Senior Assembly
June 4
- Senior Awards Night
June 6
- Baccalaureate
June 8
- Senior Breakfast
June 8
- Graduation
June 8
- All Night Party
"Striving For the Best Inspires Excellence"
THS Leadership '00 -'01 Mission Statement
AGENDA ITEM # Q
FOR AGENDA OF 05/15/01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Tigard Municipal Court Annual Report
PREPARED BY: M. O'Brien & N Robinson DEPT HEAD OK_ CITY MGR OK
ISSUE BEFORE THE COUNCIL
Informational update from Judge O'Brien and Nadine Robinson, Court Manager, on the status of the Municipal
Court. The report and presentation will discuss the issues surrounding juvenile caseload and update Council on the
court's current programs, caseload and future programs under consideration.
STAFF RECOMMENDATION
Recommend further study of the impacts of expanding juvenile caseload
INFORMATION SUMMARY
This is the second Annual Report from the Muncipal Court to Council. The report contains one action item
pertaining to juvenile cases and updates on various other court operations and policies.
JUVENILE CASELOAD: Juveniles are currently cited into Tigard Muncipal Court and Peer Court for minor
offenses such as traffic violations and some status offenses. The Washington County Juvenile Court has asked us
to consider expanding our juvenile caseload since that court often lacks the resources to effectively respond to first
offenders. Based on recent changes in Oregon law, municipal courts are now authorized to accept non-felony
juvenile cases (ORS 419C.370). If current policy continues, most juvenile first offenders would continue to be
processed through Juvenile Court. An increase in our juvenile caseload might enable the City to have a greater
impact on first offenders than is now possible in Juvenile Court. A change in policy would require an
intergovernmental agreement. The primary unresolved issues are: cost, impacts on court dockets and staff, and the
ability of the court to effectively supervise juveniles placed on probation.
OTHER ALTERNATIVES CONSIDERED
Continue current policies regarding juvenile first offenders
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The "1998 Progress Report" for "Tigard Beyond Tomorrow" proposes a Municipal Court Study to determine how
the City might "create more efficient public safety service and reduce repeat offenders." A more effective approach
to juvenile first offenders might reduce recidivism and enhance public safety in Tigard.
ATTACHMENT LIST
Memorandum from Judge O'Brien and Nadine Robinson.
FISCAL NOTES
The participation of the City Prosecutor in the proposed study would result in minor fiscal impacts. The costs
could be controlled by limiting the Prosecutor's involvement to an advisory role. The limited costs would be
absorbed in the existing budget.
ANNUAL REPORT TO CITY COUNCIL
Tigard Municipal Court
May 2, 2001
TO: Honorable Mayor and City Council
Bill Monahan, City Manager
FROM: Michael J. O'Brien, Presiding Judge
Nadine Robinson, Court Manager Ak
SUBJECT: Annual Report from Tigard Municipal Court
We welcome the opportunity to meet with Council and the City Manager for our second
annual review of Municipal Court operations and policies. For those of you who were not at last
year's meeting, we have attached a brief appendix describing our mission statement, diversion
programs, compliance program and policies regarding the use of interpreters. Additional
information, including copies of court brochures, will be available for distribution at our meeting
on May 15th. You are welcome, as always, to visit our court sessions and we invite any questions
you may have.
1. Juvenile cases: Based on recent changes in state law and communications from the
Washington County Juvenile Court, we ask Council's assistance in reviewing the City's policy on
juvenile cases. At present, our juvenile caseload is limited to minor traffic offenses that are
waived into our court by the Washington County Juvenile Court under state law.
Last August, the court received an inquiry concerning our interest in increasing our
juvenile caseload from Michael Kruger, Juvenile Services Supervisor at the Washington County
Juvenile Department. In response, we met with Mr. Kruger and Judge Donald R. LeTourneau of
the Washington County Circuit Court. Larry Black, City Prosecutor, was present at our second
meeting with Mr. Kruger. The Juvenile Department's inquiry was based on 1999 legislation (now
ORS 419C.370) and two immediate concerns: 1) that Circuit Court was unable to respond
effectively to juvenile first offenders; and, 2) that the County's public safety levy might fail in
November, 2000. Although the levy passed, the Juvenile Department continues to give the highest
priority and resources to serious juvenile crime and repeat offenders. First offenders for relatively
minor offenses, including misdemeanors such as theft and vandalism, often receive nothing more
than a letter of admonishment from a court counselor.
Mr. Kruger and Judge LeTourneau believe that more could be done to effectively engage
first offenders before they commit serious crimes and become subject to long terms of
incarceration under Measure 11. Many parents of accused juveniles would prefer that their
children appear in front of a judge so that the process would have a greater impact.
Any change in the juvenile caseload of the Tigard Municipal Court would require an
intergovernmental agreement between the City and the Washington County Juvenile Court, as
provided by ORS 419C.370 (1)(b). If the Council would like the Court to undertake a more
detailed study of this option, we would be happy to report back to you within a reasonable time.
We also note that the court has received an inquiry from Officer Glen Scruggs of the Tigard Police
Department concerning our interest in accepting certain peer-court cases already subject to the
City's jurisdiction (and therefore not requiring an intergovernmental agreement).
Oregon law now permits municipal courts to accept jurisdiction over all classes of
misdemeanors and violations. Based on the Juvenile Court's current policies, however, the
referrals to our court would mainly consist of such relatively minor offenses as vandalism,
harassment, shoplifting, misrepresentation of age, failure to pay Tri-Met fares, truancy and
tobacco-law violations. Traffic crimes (including driving under the influence of intoxicants)
would continue to be processed through Juvenile Court.
The effect of the proposed change in City policy would be to create an intermediate option
between peer court (which would continue in its present form) and Juvenile Court. The
advantages to expanding the municipal court's juvenile caseload include:
1. Greater consequences for first offenders: Instead of a letter, which might have minimal
impact on many juveniles, the court can require a personal appearance and impose
sanctions on the defendant, including a fine, community service and/or a term of probation
with conditions attached. The consequences can be tailored to the needs of the individual
juvenile and the family can be brought into the process.
2. Misdemeanors can now be charged as violations under Oregon law, avoiding the need
to conduct jury trials or retain court-appointed attorneys-both of which would greatly
increase costs to the City.
3. Speedy adjudication: Juveniles can be brought to court relatively quickly and given the
individual attention that a much larger court rarely has the time to offer.
4. Response to community concerns: As in other types of cases, a municipal court is more
attuned to community problems and concerns than the circuit court in a very populous
county such as ours.
The disadvantages include:
1. The potential impacts on the court's overall caseload are unknown at this time;
additional study would be required. The court presently lacks the staffing and workspace
to process a large juvenile caseload, though we could accommodate some increase with our
present resources. Without additional staffing, the court has a limited ability to credibly
respond to violations of court orders or provide meaningful supervision for juveniles on
probation.
2. A process would have to be developed to screen juvenile offenders to determine which
court was appropriate for a referral. To some extent, however, this process already exists
2 - ANNUAL REPORT TO COUNCIL
for referrals to Peer Court. The Court would work with the Chief and City Prosecutor to
develop concise guidelines for these referrals consistent with state law and any
intergovernmental agreement.
We recommend further study of the potential impacts of increasing the court's juvenile
caseload prior to considering any intergovernmental agreement with the Washington County
Juvenile Court.
2. Community Service Option: The court would like to expand our diversion programs
to include a community-service option for indigent defendants, juveniles and other defendants as
appropriate. The program would benefit both the City and those who require a nontraditional
sanction for traffic and other offenses.
3. Televised court session: The court fully supports the City's goal of increasing public
assess to local government. We are prepared to work with staff to televise our court trials
whenever volunteers become available to operate the cameras and other necessary equipment.
4. Photo enforcement: The court is ready to increase staffing in response to the planned
photo-radar and photo-enforcement programs once they are implemented by the Tigard Police
Department. To date, there have been no court decisions from other Oregon jurisdictions that
would preclude or inhibit these programs. The Supreme Court has not yet issued an opinion in
State v. Clay, which we discussed at last year's meeting, though that decision will likely be based
on relatively minor procedural issues. The Oregon Court of Appeals recently declined to consider
a constitutional challenge to photo radar in State v. Weber (#A107263, February 28, 2001).
5. Caseload: The court projects a caseload of approximately 5,500 citations, mostly
traffic violations, for the current fiscal year. For additional details, please see the attached graphs.
6. Website improvements: The court added depth to its website by posting the full text
of various statutes that are relevant to persons receiving traffic citations. We would like to expand
our ability to communicate via email with defendants and offer them the opportunity of paying
their fines through our website.
7. Court rule updates: Our court rules have been regularly updated to provide a clear
statement of procedures and policies for defendants, police officers and staff. All court rules are
available for review at the front counter and we intend to place them on the court's website.
8. Code enforcement: The court will continue its participation in staff s review of civil-
infractions procedures as part of an overall upgrade of the Tigard Municipal Code.
Thank you for giving us the opportunity to meet with you once again. We look forward to
your questions and comments.
3 - ANNUAL REPORT TO COUNCIL
APPENDIX
1. Mission statement: The court's overriding goal is to promote public safety and
community values by implementing state and municipal laws in a fair, efficient and professional
manner. For most people in Oregon, their direct experience of the legal process typically arises
from a traffic citation. The court strives to make that experience a positive one by educating
defendants about relevant laws and traffic safety in a context of excellent customer service.
2. Diversion Program: The vast majority of our traffic citations (about 95%) are resolved
through the imposition of a fine based on the nature of the violation, the defendant's driving record
and any special circumstances. In accordance with longstanding court policies adopted by Judge
Anthony Pelay, Jr., citations involving juvenile first offenders and senior citizens may be referred
to one of several driver-education programs: the SAFE Traffic Safety Awareness Class, the
Emanuel Hospital High-Risk Driver Program, the National Traffic Safety Institute, 55 Alive or a
Seat-Belt School. In addition to completing the assigned program, defendants may also be
required to receive no new convictions for a designated period of six months or more. Upon
meeting these requirements, the citation may be dismissed.
3. Compliance program: In cases involving insurance, drivers' licenses and equipment
violations, defendants may be allowed a reasonable time to come into compliance with Oregon
law. In return, a defendant presenting proof of compliance, including a valid license and proof of
insurance, may be allowed a reduction in the fine initially imposed by the court. This program,
originally established by Judge Pelay, has helped to bring hundreds of drivers into compliance
with Oregon's licensing, insurance and equipment laws. Last year, we reduced this program's
administrative costs by permitting most defendants to demonstrate compliance by mail. This
program continues to enhance public safety in Tigard by increasing the number of licensed and
insured drivers on our streets.
4. Court Interpreters: Though not required by state law, the court regularly provides
interpreters to defendants (typically Spanish-speaking) who are unable to effectively communicate
in English. On the second Wednesday of each month, the court conducts arraignments and special
hearings for Spanish-speaking defendants. As needed, the court provides interpreters for other
non-English-speaking defendants. The court plans to increase the number of documents and
brochures in Spanish.
5. Community Goals: The 1998 Progress Report for Tigard Beyond Tomorrow proposed
a Municipal Court Study to determine how the court could "create more efficient public safety
service and reduce repeat offenders." Among other issues, the Study may consider an expansion
of the court's caseload to include certain misdemeanors. Given the inconvenience and cost of
traveling to Circuit Court in Hillsboro, the advantages of local adjudication seem clear for both
Tigard citizens and police officers. However, City staff concluded that space limitations at City
Hall preclude a major expansion in the categories of cases accepted by the court. If and when
Council determines that the court's space and staffing needs can be met, the court will fully co-
operate in completing the Municipal Court Study.
4 - ANNUAL REPORT TO COUNCIL
N
w
.p
Ul
a)
v
O
O
O
O
CD
O
O
O
O
O
O
O
O
O
O
C_
C
'G
D
c
co
c
Ln
CD
v
3
Q
CD
1
0
0
0
ar
m
1
Z
0
3
Q
CD
0
(D
0
m
3
v
m
C-
w
c
N
TI
m
a
c
v
v
n
S
D
v
/
U.~
'/l
3
1
CL
r
O O 3
O
1 I
cn Cn C
0 0
o n
r+
O
7
N
j 0
°o co
o CO
C) 6
0 0
CD
Out
To: Nadine Robinson <NADINE@ci.tigard.or.us>
Subject: State v. Weber (photo radar)
FILED: February 28, 2001
IN THE COURT OF APPEALS OF THE STATE OF OREGON
STATE OF OREGON,
Respondent,
V.
CORINNE WEBER,
Appellant.
(PR034689; CA A107263)
Appeal from Circuit Court, Multnomah County.
Harold Blank, Judge (Pretrial Matters); Steven Evans, Judge (Trial).
Argued and submitted January 3, 2001.
Michael E. Rose argued the cause for appellant. With him on the brief was Steenson, Schumann,
Tewksbury, Later & Rose, P.C.
Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the brief
were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.
Before Haselton, Presiding Judge, and Wollheim, Judge, and Lipscomb, Judge pro tempore.
HASELTON, P. J.
Affirmed.
HASELTON, P. J.
Defendant appeals a judgment of conviction for speeding, ORS 811.100, based on a citation issued
pursuant to the photo radar statute, ORS 810.438 to ORS 810.439 (1997). 11 She argues that: (1) the
photograph and data generated by the photo radar unit were improperly admitted into evidence; (2)
the statutory presumption that the registered owner of the vehicle was the driver at the time of the
alleged infraction, ORS 810.439(1)(b) (1997), is unconstitutional; and (3) the delay of over a week
between the speeding incident and the citation's issuance violated her due process rights. We affirm.
The facts are undisputed. At approximately 10:00 a.m on September 23, 1997, Portland Police
Officer Frolov was operating a photo radar unit on S.W. Barbur Boulevard and saw a burgundy
station wagon that appeared to be speeding. The photo radar unit also detected and photographed the
station wagon as speeding, and Frolov contemporaneously noted the color and type of vehicle
corresponding to the frame number in his "Photo Radar Visual Observation Log."
At the end of his shift, Frolov placed the exposed film in a box at the police station where the photo
radar vendor picks up exposed film for processing. Approximately five or six days later, Frolov
received the citations generated from the photo radar data and the developed photographs with the
1
Printed for Michael O'Brien <rune@easystreet.com>
Out
time, date, and vehicle speed imprinted on them. Within that group was a citation alleging that
defendant violated the prohibition against speeding, ORS 811.100, by driving 58 miles per hour in a
35 mile per hour zone, and a photograph of a woman driving a burgundy station wagon imprinted
with the date, time, and 58 mile per hour speed. Frolov signed the citation on September 30, 1997,
and defendant received the citation some time thereafter.
Before trial, defendant filed a demurrer and alternative motion to dismiss the "photo radar citation."
Defendant asserted, particularly, that the statutory rebuttable presumption that the registered owner of
a vehicle was the driver at the time of the alleged infraction detected by photo radar, ORS
810.439(1)(b) (1997), unconstitutionally shifted the burden of proof and abrogated the presumption
of innocence. The court overruled the demurrer and denied the motion.
At trial, Frolov testified that the woman in the photograph was defendant. 121 He also testified that he
relied on the information imprinted on the photograph and the citation to attest to the actual speed of
defendant's vehicle because he does not make a contemporaneous notation of each vehicle's speed in
his observation log. Frolov testified that, while tracking vehicles with the photo radar unit, he is able
to visually detect which vehicles are going faster than the speed limit and that, on the occasion in
question, defendant's vehicle "visually appeared to be a vehicle traveling above the posted 35 mile
per hour speed limit."
Defendant testified that she had no recollection of the incident and could not explain why she was
driving on that road at that time and at that speed She did not deny that she was the driver in the
photograph or that she was the registered owner of the vehicle in the photograph.
At the close of the evidence, defendant moved for judgment of acquittal, arguing, inter alia, that the
photo radar statutory scheme embodies an unconstitutional delay between the time of the alleged
offense and the issuance of the citation. The trial court denied that motion, found defendant guilty,
and assessed a $100 fine.
On appeal, defendant raises four assignments of error. In her first and second assignments, defendant
argues that the court effed in admitting the photograph and testimorry as to defendant's speed that was
based on information contained in that photograph. Second, defendant assigns error to the denial of
her demurrer and motion to dismiss, which challenged the presumption in ORS 810.439(1)(b) (1997)
that the registered owner is the driver of an offending vehicle. Finally, defendant assigns error to the
denial of her motion for judgment of acquittal, arguing that the delay of more than a week between
the time of the offense and issuance of the citation impaired her ability to defend herself. We address
each assignment in turn.
Defendant first argues that the inscription on the photograph setting forth the speed of the vehicle was
inadmissable hearsay and that Frolov's testimony as to the speed of defendant's vehicle, which was
based on that inscription, was also inadmissable. The state responds that the inscription at issue is not
hearsay as OEC 801 defines that term, and that the rationale for excluding hearsay statements does
not apply. We agree with the state.
OEC 801 sets out the pertinent definitions for purposes of the hearsay rule:
"(1) A'statement' is:
Printed for Michael O'Brien <rune@easystreet.com> 2
novt
"(a) An oral or written assertion; or
"(b) Nonverbal conduct of a person, if intended as an assertion.
"(2) A 'declarant' is a person who makes a statement.
"(3) 'Hearsay' is a statement, other than one made by the declarant while testifying at the trial or
hearing, offered in evidence to prove the truth of the matter asserted."
Defendant argues that the speed notation on the photograph is a "written assertion" under OEC
801(1)(a) and, thus, a statement. The state responds that hearsay is, by definition, a "statement made
by [a] declarant," and, under OEC 801(2), a declarant must be a "person," not a machine. (Emphasis
added.)
If the definition of "statement" in OEC 801 is read in isolation, defendant's argument is not
implausible, given the disjunctive "or" at the end of OEC 801(1)(a). However, when read as a whole,
OEC 801 indicates that hearsay is an out-of-court statement, offered for the truth of what it asserts,
and made by a declarant--who must, by definition, be a person. OEC 801(2). Here, even assuming
that the photo radar inscription could be characterized as a "statement," it was generated by a
machine, and not made by a person. The inscription here is an assertion not made by a person but by
a machine. It is not hearsay. a
Defendant next argues that the court should have excluded the photograph on chain-of-custody
grounds, because the state offered no evidence as to who picked up the film from the station, what
happened to the film, how it was handled, or what was done to it prior to the citation and photograph
being returned to the police station six days later.
We note initially that, in both civil and criminal proceedings, determining the adequacy of the
foundation required to establish a chain of custody rests within the discretion of the trial judge. In
American Reciprocal Insurers v. Bessonette, 241 Or 500, 405 P2d 529 (1965), the court considered
a challenge to the introduction of pieces of water pipe that allegedly caused the plaintiffs losses when
they burst. The defendant argued that the evidence was inadmissable because the plaintiff had not
fully established a chain of custody. The court affirmed the trial court's ruling admitting the pipes:
'The ruling was discretionary. The exactness of a proponent's accounting for the custody of exhibits
must, necessarily, rest in the sound discretion of the trial judge. If the exhibits are of a questionable
type, or if the environment from whence they come suggests reasons that would cause the court to
have more than a mere captious doubt about the authenticity of the exhibits, or about their identity, or
about changes in their condition, then the trial court may very well require a proponent to lay a
substantial foundation for the receipt of the evidence. See Keller v. Coca Cola Bottling Co., 214 Or
654, 662, 330 P2d 346 (1958). In the case at bar, however, there is no reason to infer that anyone
tampered with the pipe, nor is there any reason seriously to doubt the authenticity of the exhibits. The
trial court might have required the plaintiffs to describe in greater detail the chain of custody of the
exhibits, but there was no error in receiving them under the circumstances revealed in this case." Id. at
505-06.
That same reasoning applies in this context as well Cf. State v. Anderson, 242 Or 368, 374-75, 409
P2d 681(1966) (trial court is to consider the nature of the article, the circumstances surrounding the
Printed for Michael O'Brien <rune@easystreet.com> 3
Out
preservation and custody of it, and the likelihood of tampering, in determining whether "the proof
shows with reasonable certainty that the article offered is the identical article taken from the
accused").
Here, the trial court did not abuse its discretion in admitting the photograph. As noted, Frolov
contemporaneously maintained a log of vehicles he perceived to be speeding. Although the photo
radar film canister was out of police custody for several days while the film was being processed, Ll
the photograph here, and the information displayed on that photograph, corresponded to Frolov's
contemporaneous observations. The information regarding speed was imprinted on the negative at the
moment the film was exposed, 162 and there is no indication that the vendor or anyone else tampered
with or in any way altered that information during processing. 171 Given the totality of the
circumstances, the trial court was well within its discretion in determining that there was no
appreciable likelihood of alteration or tampering and that no further foundation was required.
Defendant next assigns error to the trial court's denial of her pretrial demurrer and alternative motion to
dismiss. In that demurrer, defendant argued that the photo radar scheme was unconstitutional in its
entirety. ORS 810.439 (1997) provides, in part:
"(1) Notwithstanding any other provision of law, in the jurisdictions authorized to use photo radar:
"(a) A citation for speeding may be issued on the basis of photo radar if the following conditions are met:
"(A) The photo radar equipment is operated by a uniformed police officer.
"(B) The photo radar equipment is operated out of a marked police vehicle.
"(C) An indication of the actual speed of the vehicle is displayed within 150 feet of the location of the
photo radar unit.
"(D) Signs indicating that speeds are enforced by photo radar are posted, so far as is practicable, on all
major routes entering the jurisdiction.
"(E) The citation is mailed to the registered owner of the vehicle within six business days of the alleged
violation.
"(F) The registered owner is given 30 days from the date the citation is mailed to respond to the citation
It*****
"(b) A rebuttable presumption exists that the registered owner of the vehicle was the driver of the
vehicle when the citation is issued and delivered as provided in this section.
"(c) A person issued a citation under this subsection may respond to the citation by submitting a certificate
of innocence * * * or any other response allowed by law.
"(2) A citation issued on the basis of photo radar may be delivered by mail or otherwise to the registered
owner of the vehicle or to the driver.
"(3)(a) If a registered owner of a vehicle responds to a citation issued under subsection (1) of this section
by submitting a certificate of innocence within 30 days from the mailing of the citation swearing or
affirming that the owner was not the driver of the vehicle and a photocopy of the owner's driver license,
the citation shall be dismissed" (Emphasis added.)
In support of her demurrer and alternative motion to dismiss, defendant asserted that the statute
unconstitutionally "creates presumptions, shifts the burden of proof, permits a police officer to file an
accusatory instrument against a person whom he or she has no reasonable suspicion has committed any
offense, compels a suspect to waive his right against self-incrimination and is violative of the separation of
powers doctrine." The court denied defendant's demurrer and motion to dismiss.
Printed for Michael O'Brien <rune@easystreet.com> 4
Out
On appeal, defendant focuses on the rebuttable presumption set out in ORS 810.439(1)(b) (1997) and
contends that that presumption unconstitutionally shifts the burden of proof of the identity of the offender.
The state responds that, because the traffic violation charged in this case is not a criminal offense, the
constitutional protections invoked by defendant do not apply, and that, even if they did, the rebuttable
presumption is constitutional For the reasons that follow, we do not reach the merits of defendant's
constitutional arguments.
We reiterate the procedural posture at trial and on appeal: Defendant attempted to raise the constitutional
challenge to the statutory presumption via a demurrer and an alternative "motion to dismiss." On appeal
defendant assigns error to the denial of the demurrer and the alternative motion to dismiss.
Defendant could not properly challenge the constitutionality of the presumption conta~ied in ORS
810.439(1)(b) (1997) by way of demurrer. A defendant may demur to an accusatory instrument when,
inter alia, "it appears upon the face thereof * * * that the facts stated do not constitute an offense." ORS
135.630. Such a motion challenges the constitutionality of a statute the defendant is accused of violating
on the grounds that such a statute is incapable of providing the basis for a conviction. See, e.g., State v.
McKenzie, 307 Or 554, 560, 771 P2d 264 (1989) ("If a statute is constitutionally too vague, then the facts
alleged in
an indictment under such a statute do not and cannot constitute an offense.").
Here, the accusatory instrument, the traffic citation, simply alleged that defendant violated ORS 811.100,
the basic speed rule. The citation does not even refer to the photo radar statutes. Nowhere on the face
of the citation is there any indication that the citation was based on evidence obtained by means of photo
radar, and it would have been error for the court to consider that fact in ruling on the demurrer. State v.
Reed, 116 Or App 58, 840 P2d 723 (1992) (error for court to sustain defendant's demurrer on the basis of
facts not alleged in the complaint). Thus, defendant's challenge is not, and cannot be, to the facial
sufficiency of the charging instrument. Rather, defendant's challenge is to the constitutionality of
provisions pertaining to the manner of proving the charged offense.
Defendant's position here is, thus, analogous to that in State v. Barker, 140 Or App 82, 914 P2d 11
(1996), where the defendant argued that "the facts on which he expects the state to rely at trial are
insufficient to prove the crime charged." Id. at 84. We held that that argument was "premature and does
not provide a basis for sustaining a demurrer." Id. So too here. Defendant's demurrer sought, improperly,
to challenge the sufficiency of the state's anticipated proof--including the constitutionality of reference to,
and reliance on, the rebuttable statutory presumption. That issue was not properly raised by demurrer and,
thus, is not properly before us on review of the denial of the demurrer. Because the citation was facially
sufficient, the court properly denied the demurrer.
Similar analysis applies to the denial of defendant's alternative "motion to dismiss." Oregon law provides
for motions to dismiss on a range of grounds. See, e.g., ORS 135.470 (former jeopardy); ORS 135.745 to
ORS 136.750 (precharge delay and speedy trial); State v. Nelson, 166 Or App 189, 194, 999 P2d 1161
(2000) (prosecutorial vindictiveness). However, we are unaware of any Oregon authority by which a
pretrial "motion to dismiss" can be employed to challenge the sufficiency of the state's anticipated proof of
a charge. See State v. Huffman, 49 Or App 823, 826, 621 P2d 78 (1980) (dismissal inappropriate remedy
when officer exceeded his authority in serving summons outside his jurisdiction). Indeed, to permit such a
Printed for Michael O'Brien <rune@easystreet.com> 5
Out
challenge by a pretrial "motion to dismiss" would contradict and subvert the principle expressed in Reed.
The trial court did not err in denying the "motion to dismiss."
In so holding, we emphasize that there are procedures by which a defendant can challenge the
constitutionality of a rebuttable presumption. The issue can be raised by motions in limine, seeking to
preclude or restrict a presumption's application, or by objections to evidence during trial. Cf. State v.
Rainey, 298 Or 459,693 P2d 635 (1985) (in criminal case, issue of improper use of an evidentiary
presumption raised by challenge to jury instructions). In addition, in most cases in which the state's only
proof of the presumed fact--here, the driver's identity--is the presumption itself, the constitutional
availability of the presumption may be raised via a motion for judgment of acquittal.
In sum, defendant's demurrer and alternative "motion to dismiss" were insufficient to raise, and preserve,
her constitutional challenge to ORS 810.439(1)(b) (1997). Defendant's assignment of error, which is
exclusively to the denial of the demurrer and "motion to dismiss" is similarly deficient. Consequently, we
affirm the trial court's disposition of those matters without reference to defendant's unpreserved
constitutional challenge.
Defendant finally assigns error to the denial of her motion for judgment of acquittal, arguing that the delay
of more than a week between the time of the offense and issuance of the citation violated her due process
rights under the Fourteenth Amendment to the United States Constitution. She argues that the delay
impaired her ability to defend herself because she could no longer remember where she was going or why
she was speeding. That delay, defendant argues, is "inherent in the photo radar process itself' because an
alleged offender is not stopped at the time and, thus, has no occasion to fix the incident in her mind by the
presence of "lights sirens and [a] looming officer." Defendant's argument is, in essence, that her lack of
recollection impairs her ability to defend herself.
For a precharging delay to give rise to due process violation, "a defendant must show both substantial
prejudice to his right to a fair trial and that the delay was done intentionally to gain a tactical advantage."
State v. Dike, 91 Or App 542, 544, 756 P2d 657, rev den 306 Or 660 (1988) (citing State v. Serrel, 265
Or 216, 507 P2d 1405 (1973)). Even assuming that a defendant in traffic court can validly assert due
process rights under the Fourteenth Amendment to the United States Constitution, defendant has
failed to establish that any such violation occurred here. There is, on this record, no indication that the
state intentionally delayed issuing the citation to gain a "tactical advantage"; rather, the record shows that
Frolov issued the citation as soon as he received the developed photographs just seven days later. The trial
court did not err in denying defendant's motion for judgment of acquittal based on precharge delay.
Affirmed.
1. Oregon Lows 1995, cnapter 579 created the Photo Radar Derronstrot ion
P r o j e c t f or use n t he ci t i es of Port I and and B e a v e r t on. The statute was
amended and permonent I y adopt ed by t he 1997 Legi sl at ure. Or Laws 1997, ch
280; sORS 810. 438 t o ORS 810. 439 (1997). The st at ut a was f urt her amended i n
1999, but the 1999 ormndments di d not change the rel evant I anguage.
Return to previous location.
2. Defendant was present at tri al at the ti rrr of t h i s tests mony. Cf. 1B~3aDe' v. Cloy,
Printed for Michael O'Brien <rune@easystreet.com> 6
AGENDA ITEM # 3
FOR AGENDA OF 5 - 1 5.01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Communication Plan Update,
l/ CITY MGR OK
PREPARED BY: Elizabeth Ann Newto~ EPT HEAD OK
ISSUE BEFORE THE COUNCIL
A review of the City's communication efforts.
STAFF RECOMMENDATION
Review the attached information and offer comments or suggestions to enhace the City's communication efforts.
INFORMATION SUMMARY
One of the City Councils goals for 2001 is "Expand citizen involvement opportunities". Staff prepared a memo
dated January 8, 2001 (copy attached) that summarized the status of the city's communication and citizen
involvement efforts. Attached is a memo that updates activites in the following areas: CITs, the Communication
Plan, Neighborhood Meetings, Press Releases, Community Connectors, Cable Television, Cityscape, the Webpage,
and the Community Bulletin Board. Staff will continue to provide updates to the Council throughout the year
providing Council members an opportunity to ask questions, make comments, or offer suggestions, on the City's
communication efforts.
OTHER ALTERNATIVES CONSIDERED
None - Information only.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Community Character and Quality of Life Goal 41) Citizen involvement opportunities will be maximized by
providing educational programs on process, assuring accesibilty to information in a variety of formats, providing
opportunities for input on community issues and establishing and maintaining a program of effective two-way
communication.
ATTACHMENT LIST
Memo from Liz Newton dated May 3, 2001
Memo from Liz Newton dated January 8, 2001
Copy of sample community bulletin board information
FISCAL NOTES
Not applicable
TO: Honorable Mayor and City Council Members
Bill Monahan, City Manager
FROM: Liz Newton, Assistant to City Manager
DATE: May 4, 2001
SUBJECT: Status of City's Communication Efforts
The purpose of this memo is to provide an update on the City's communication efforts. In
the past, staff has focused these meetings on the CIT program. As noted in the attached
memo on the status of the CIT program dated January 8, 2001, that program is just one of
the tools used to involve and communicate with citizens. A brief description of the status of
all efforts underway to utilize a variety of communication tools follows.
0 CITs
CIT meetings were held in February, March, and April where the primary focus was the
Capital Improvement Program. The February meeting also featured "Land Use 101" - a
30-minute program on how the land use process works. In March, the Downtown Central
Business District Association presented a very informative program on the downtown
planning efforts. The April meeting featured a 20-minute presentation on the City's citizen
involvement opportunities including the volunteer program. In the next several months,
other educational topics will be presented either as part of CIT meeting agendas or in
place of CIT meetings when a CIT meeting is not held. Upcoming topics may include
Water Conservation, Annexation Strategy and Urban Services, Emergency Management,
and Transportation.
Attendance at CIT meetings is averaging around 16 people. There are indications,
however, that people are watching the meetings on cable. First, one of the regular CIT
attendees did a poll at a community gathering and found that 60 people in attendance
there watch CIT meetings. Second, I am often stopped in the lobby, library, at Chamber
gatherings, etc., and asked about something that was said at a CIT meeting by someone
who did not attend the meeting but watched on cable. Lastly, I am starting to get a-mails
from people each month who can't attend the CIT meeting but want staff to answer
questions or present information on a topic so they can see the response on cable.
It may be worth following up on how many citizens watch CIT meetings. Short of
conducting a formal survey, we could poll people by running a crawl message during the
Status of City's Communication Efforts
May 2, 2001 Page 2
meetings asking viewers to call or e-mail in and ask the same question on the web. Once
we have an idea how many watch, we could estimate the percentage of cable subscribers
who watch CIT meetings.
0 Communication Plan
The Communication Plan developed by and for staff that was previewed before Council on
May 16, 2000, has been distributed to all departments and training has been conducted in
all departments. The department communicators are scheduled to meet this month and
will continue to meet on a regular basis to share ideas, monitor implementation of the
Communication Plan, and recommend changes or additions to the plan.
• Neighborhood Meetings
Staff is in the process of discussing the effectiveness of these meetings and is scheduled
to finalize recommendations for improvement by the end of June.
A Press Releases
Staff continues to distribute an average of one press release per week to the media and
tracks which releases are picked up by which media. I log all of my contacts with the
media and prepare a monthly report to the City Manager that summarizes the press
releases, stories covered that weren't generated by press releases, and any other media
issues or inquiries.
Community Connectors
The e-mails to community connectors continue to go out every other week. The
communication is very well received and generates some return e-mails, phone calls from
connectors, and comments such as: "It's great that you're so accessible." Since the first of
the year, a connector has been identified for ail of Summerfield. More focus is needed on
recruitment of connectors. Watch for a "want ad" on the Web soon!
Y Cable Television
Nine citizens volunteered to be trained as cable television camera operators. Most of them
are in the middle of training now. In addition, most of the network services staff has been
trained. Staff is working with TVCA now to clarify how the "Tigard Studio" will operate, and
working toward taping Planning Commission meetings in June. Planning Commission
meetings will be aired live later in the summer.
Cityscape
The Cityscape newsletter continues to be distributed once a month. Staff is looking into
updating the format and using photos.
m Web Page
As you may know, recent reports state that 70% of Portland area households are
connected to the internet - the highest percentage in the nation. City departments
Status of City's Communication Efforts Page 3
May 2, 2001
continue to put more information on our Web site. Additions include a brand new location
map with a zoom feature, the ability to download bid documents and specifications, and
City Council packets. The 2001-2002 budget includes a request for a full-time Webmaster.
Goal (guide
The first issue will be produced in May. It is designed to inform the public of the progress
on City Council goals. The Goal Guide will be posted on the City Web site, and copies will
be available in the lobby of City Hall and in the Library.
6 Bulletin Board
Attached is a sample of the kind of information staff proposes to display on the TVCA
Community Bulletin Board on cable television. Unfortunately, TVCA will not have the
necessary software until July. In the interim, staff will work with TVCA to finalize the format
and determine how information will be transferred so we are ready when the software is
operational.
alts
IADM aNCOAMAUNICATIONS UPDATE.DOC
MEMORANDUM
TO: City Council
Bill Monahan
FROM: Liz Newton
RE: Citizen Involvement Team
DATE: January 3, 2001
Discussion paper on the City's Citizen Involvement Team (CIT) program and how it fits
with the City's overall community involvement program.
Background:
The City's CIT program was started in the fall of 1992. The stated purpose of the
program is to "serve as broad-based organized forums for the identification of the
public's concerns and values." The CIT program took the place of the NPO's, which
only dealt with land use and were perceived by some as an additional land use approval
authority.
At the time the CIT's were created, the Park Board, Transportation Advisory Committee,
and Solid Waste Advisory Committee were disbanded. The responsibilities of the Park
Board and Transportation Advisory Committee were transferred to the Planning
Commission. The City Council also decided that task forces would be used to deal with
short-term projects or issues.
Since the CIT program was designed to be grassroots, the membership structure was
designed to be as inclusive as possible with no attendance requirements. Members are
defined as persons who live, own property or a business in the CIT area. The City is
divided geographically into four CIT areas: East, West, South, and Central.
Initially, four CIT meetings were held each month, one for each area. When attendance
at the Central CIT meetings dwindled after the first couple of years, the Central and
West CIT's began to meet jointly. A couple of years later, attendance at the East CIT
meetings decreased and at the same time, it became apparent that all of the CIT's
shared interest in many of the same topics, that staff was presenting the same or similar
material to three different groups. A decision was made to combine the CIT meetings
into one a month. The meetings moved to the Senior Center, which is fairly centrally
located and was not identified with any one CIT. In early 2000, the CIT meeting was
moved to the City Hall to take advantage of the newly installed cable television cameras
and the meetings began airing live.
Historically, CIT meetings have had good attendance for controversial topics and/or
when citizens believed they would be directly affected by an issue and hoped to
influence decision-makers, or if citizens believe their input will make a difference.
Attendance is lower when meeting topics are purely educational or informational. Over
170 people attended the CIT meting to discuss the 130th Avenue bridge. Nearly 80
attended the meetings to discuss the Kable Street connection. Close to 50 attended the
South CIT meetings to discuss lowering the speed on Hall Boulevard and the traffic
signal on Durham at 79th.
General CIT Program Evaluation:
The general citizenry is not likely to attend a meeting unless they believe the topic for
discussion directly affects them. Often, attending a CIT meeting does not impact a
decision. Attendance is higher when attendance will affect decisions. Many citizens are
frustrated with meetings that don't seem to matter. However, some citizens do regularly
attend CIT meetings to become informed and educated on issues and the CIT format
works well to educate and inform. It is probable that since CIT meetings are now shown
on cable, some citizens who did not regularly attend meetings benefit from the
information by watching at home.
Suggestions to Improve the CIT Program
The CIT program should continue with some modifications. There are real benefits to
having scheduled airtime on cable television and that should be retained. CIT meetings
need not be held unless there is a need for input or feedback from the public on a
specific topic, such as the CIP budget process. Educational/informational program
should air when CIT meeting are not held to take advantage of airtime. Audiences may
also participate but these programs may be recorded at more convenient times for staff
or when other meetings are held. Examples include Land Use 101, Vision Task Force
meetings or even community events. In either case, for the CIT meetings or other
programming, more consideration should be given to the at-home viewer, particularly in
presentation graphics and audio.
Other Citizen Involvement Opportunities:
The CIT program is just one of the many citizen involvement tools available to citizens
and staff. A brief descript;on of other opportunities follows: ,
• Communication Plan - A plan developed by and for staff of ways to use a
myriad of communication tools including print material such as brochures, the
web page, media interaction, and presentations. The plan is in a notebook
format and includes several examples.
• Neighborhood Meetings - These meetings are held prior to public hearings
on development proposals. Owners of property within 500 feet of the subject
property are notified of the meeting. This spring, staff will evaluate the
effectiveness of these meetings and make recommendations for
improvement.
• Press Releases - Staff prepares an average of one press release per week
for distribution to the media. The purpose is to get the information out in a
timely manner or highlight City successes. Beginning this year, staff will track
which press releases get into the paper.
Community Connectors - This program uses volunteers to serve as liaisons
between their neighborhood and the City for two-way communication. An e-
mail goes out to Connectors every other week with current information about
community issues and events including road construction updates, upcoming
meetings of interest, how to access processes and information, and seasonal
tips. The goal is to continue to expand the program so all residents and
businesses are connected.
Cable Television - With the installation of cameras in the Town Hall, the
opportunities for cable programming are tremendous. This coming year, the
focus will be getting volunteers adequately trained to cover programs,
expanding meeting coverage to include Planning Commission and other
public meetings, and developing some educational programming such as
Land Use 101.
• Cityscape - The Cityscape newsletter continues to be a popular and effective
tool to communicate with citizens. The only drawback is the schedule - the
creation and printing process takes about 2-1/2 weeks. Cityscape is a great
tool to provide general advance notice of meetings, events, and changes in
fees, policies, etc.
• Web Page - The Web Page continues to get more use by both departments
adding information and citizens accessing information. The benefit of the
Web Page is that, unlike the Cityscape, information can be disseminated
immediately. The downside is that not all citizens have web access.
• Goal Guide - The Administration Department will begin producing a brief
"Goal Guide" in February. This will be one to two pages that will inform the
public of the progress on City goals. The Goal Guide will be posted on the
web, placed in the lobby of City.buildings (including the Library) and available
at public meetings. Each Goal Guide will feature accomplishments on one
goal and include the status of each goal.
• Bulletin Board - This tool will be on cable television. Staff is working with
TVCA to explore an upgrade to the current bulletin board that now shows a
limited meeting schedule. TVCA is addressing some software issues. The
goal here is to incorporate an expanded meeting schedule and other
information such as current Library programming.
\\TIG333\USR\DEPTS\ADM\LIZ\CIT - GOAL SETTING 2001.DOC
Meeting this month
CITY OF TIGARD
Community Bulletin Board
Tigard Planning Commission
Monday, April 2, 2001 - 7:30 pbm
Tigard Civic Center Town Hall
13125 SW Hall Blvd, Tigard Public Hearing - Kraft Place Townhomes
12765 SW Kraft Place
(South of Barrows Rd and east of Menlor Ln)
Proposed new construction of 21 attached single
family dwelling units on 1.1 acres.
Tigard City Council
Tuesday, April 10, 2001 - 7:30 p.m.
Tigard Civic Center Town Hall
13125 SW Hall Blvd, Tigard
Agenda Highlights:
- Northview Park Master Plan
- Procedures for Creation of an Economic
Improvement District
- Washington Square Regoinal Plan Schedule
and Update
s
Tigard
Citizen Involvement Team
Thursday, April 5, 2001 - 7 to 9 p.m.
Tigard Civic Center Town Hall
13125 SW Hall Blvd, Tigard
Topics:
- Capital Improvement Projects
- Community Involvement opportunities
- Park System Development Charges
Upcoming events
Washington Square Regional
Center Implementation Plan
Public Event
Wednesday, April 4, 2001 - 5 to 8 p.m.
Metzger Park Hall
8400 SW Hemlock, Tigard
Topics:
- Naturat Resources
- Parks and Open Space
- Stormwater
- Transportation
Escape! or die frying
Chicken Run
Rated G
In video on a large screen.
Special Tree Spring Break Matinee
Friday, March 30, 2001 - 1 to 3 p.m.
Tigard Water Building Auditorium
0 8777 SW Burnham, Tigard
0
Slide into Books
Toddler Time
(Ages 24 - 30 months with a grown-up)
Sessions begin April 9 and 11
Walk in registration only -
March 12
Check out what's happening at
the Library
Get involved .
a Tigard Public Library
Book Club
March Selection
The Good Life by Keith Scribner
Read the book and join the discussion
Tuesday, March 13, 2001 - 7 to 9 p.m.
Tigard Public Library - Puett Room
13125 SW Hall Blvd, Tigard
2
Library Board Opening
• 4 year term begins June 30
Advisory to the City Council
dok Meets monthly at the Library
For more information
Call Tigard City Hall at 503.639.4171
or
visit our web site www.ci.tigard.or.tis
and click volunteer opportunities
Join the team
Complete job descriptions, required
applications and supplemental questions
are available:
- At Tigard City Hall, 13125 SW Hall
Blvd
- By calling the job line at 503.624.9471
- At our web site
www.ci.tigard.or.us/hr/JOBOPP.HTM
Keep a Tigard street litter-free
• Good activity for groups
• City provides supplies
• One pick up day a month
• signs with the group
name
• No children, please
For information, call City of Tigard (503) 6394171
Job Openings
as of February 15, 2001
• Utility Division Manager
- Salary: $3,810 - 5, 106/month with benefits
- CLOSES: 5 p.m. 3/26/01
• Readers Services Specialist - Youth
- Salary: $2,883 - 3,865/month with benefits
- CLOSES: 5 p.m. 4/2/01
3
The City Council adopted eleven goals for 2001. Each month in the
Goal Guide, progress on one goal is featured. Progress summaries
are presented on other goals.
Featured Goal
Goal One - Transportation
Continue the City's Transportation Improvement Program
A. Complete the City Transportation System Plan (TSP), discuss 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.
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. In April, $1.5 million dollars in
federal funds were presented to local officials for the commuter rail project.
G Det elop a fixed route bus program for Tigard infra-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 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 was held April 19, 2001. The next meeting will be May 17, 2001.
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 are being evaluated to further peruse this effort.
Goal Two - Provide recreational opportunities
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. A white
paper is being prepared on the existing programs and
services available for youth. The next meeting of the Youth
Forum is scheduled for May 21, 2001.
Goal Three - Support the efforts of the Tigard
Central Business District Association (TCBDA)
and their plan to revitalize the downtown.
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 public hearing to enable the City to
establish an Economic Improvement District and a Business
Improvement District was held before City Council on
April 10, 2001. A public hearing to create the Economic
Improvement District is tentatively scheduled for June 12,
2001.
Goal Four - Continue to implement the City
Park Master Plan
The proposed 2001-02 parks Capital Improvement Program
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).
Goal Five - Determine the City's long-term
water supply
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. The three options are the South Fork
Water Board/Clackamas River, a Portland Water wholesale
contract, and the Joint Water Commission.
Goal Six - Establish an annexation policy for
non-island areas
Council provided direction to staff at the March 20, 2001
work session to prepare a study for the Bull Mountain area.
At the April 24, 2001 meeting the work plan for further
study of the issues was approved.
Goal Seven - Encourage and support private
sector programs to rehabilitate existing and
develop new, affordable housing
Continue to enforce Housing Code:
e Housing complaints are generally resolved within 2-3
days. The few exceptions have involved issues requiring
permits and corrective action;
o The City has not yet had to issue formal summons to
court to resolve housing complaints - all have been
resolved with "voluntary" cooperation;
e Close cooperation with TVF&R is ongoing, seeking ways
to improve fire safety at apartment complexes.
Goal Eight - Review the report of the New
Tigard Library Construction Committee
(IVTLCC) and provide direction
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 gave
a preliminary presentation to Council on April 17, 2001. This
presentation Included 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. The City
Council directed the construction committee to proceed with
the analysis of representative sites.
Goal (Vine - Develop a new Citywide sewer
completion policy
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 a 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 on June 12, 2001.
Goal Ten - Expand citizen-involvement
opportunities
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 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. CI i 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.
Goal Eleven - Participate in the 2001 Oregon
Legislative session
Council met in December, February and April with Senator
Ryan Deckert and Representative Max Williams. The Council
gave input about telecommunication franchise issues, and
support for commuter rail. These discussions were followed
up with information that was mailed to the legislators.
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.
AGENDA ITEM # - H
FOR AGENDA OF MU 15, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Durham Ouany Update
PREPARED BY: Jim Hendryx DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
A representative from Washington County will provide an update on the pending development of the Durham
Quarry.
STAFF RECOMMENDATION
No action required.
INFORMATION SUMMARY
The Durham Quarry, located a few hundred feet from the Durham exit on I-5 (Exit #289), is a property owned by
Washington County, having been used for a number of years as a source of gravel for the County road-building
program. The quarry went out of service many years ago and is currently being refilled by a firm under contract to
the County. The Durham Quarry property contains approximately 28.6 acres, with approximately 7.1 acres zoned
industrial in the City of Tigard. The remaining 21.5 acres, currently zoned Mixed Use Commercial, are located in
the City of Tualatin. The property is specifically located at the northwest quadrant of SW 72nd Avenue and SW
Bridgeport Road. Approximately 20 acres of the property are at, or near, a grade level comparable to surrounding
property, with the remainder expected to achieve grade within the next year.
Project Concept
The County is aware that the property represents considerable value and presents an opportunity to create a model
mixed-use and destination development. As a result, the County issued a Request for Proposals to identify a
developer that would be willing to enter into a lease, or lease/purchase, agreement for the Durham Quarry property
to maximize the immediate and long-term financial return to the County and provide a development that will serve
as a national example of a mixed-use retail/commercial/entertainment based development in an urban area.
Project Status
In response to the RFP issued by the County, proposals were received from Opus/Center Oak, Gramor/Trammell
Crow, and Cousins Properties. The Cousins proposal was subsequently withdrawn. The Opus and Gramor
proposals include a mix of building types to achieve a mixed-use high-density development. Typical building types
and square footages are: Theater 90,000 sf, Major Retail 50,000 sf, Village Retail 76,000 sf, Retail Below Office
80,000 sf, Restaurants - Pad 23,000 sf, and Office 500,000 sf. In this example, 819,000 sf of space would be
constructed on the property. A mix of underground, structured, and surface parking could handle parking
requirements for the site. Roughiy 3,000 parking spaces would be necessary for this type of development.
Next Steps
An evaluation team composed of County representatives, local government representatives, including Jim Hendryx,
and individuals from the private sector, has been meeting for several months to evaluate the proposals. The County
Board of Commissioners will be meeting shortly to select one of the development teams for further negotiation. In
addition, the County has been working with the Cities of Tigard and Tualatin to create uniform zoning for the
property, and structure an intergovernmental agreement that will guide development on the property.
Council was last updated on the development potentials of the Quarry in October, 1999. The Tigard Planning
Commission will be considering a Comprehensive Plan Amendment, Zone Change, and Zone Ordinance
Amendment on May 7, 2001. Council tentatively is scheduled to consider these amendments in June.
OTHER ALTERNATIVES CONSIDERED
Not applicable
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Growth and Growth Management; Goal #1 - Accommodate growth while protecting the character and livablililty of
new and established areas.
ATTACHMENT LIST
None
FISCAL NOTES
Not applicable.
♦t qP r fr '.i'~;+Jr 7 d ~t h 11 Vi 'Ir ~h ,thy '♦r ,1 t °rC .'L T~ `
p,+' d+))T rtiN '•,tq♦. ~~,.,.CEYy lYY,,C.. 4~'tz~rt" '~.J .L.~: ~ n~ - S~y?.~C1 rl•'t~irirw... ° I~.W.~r,,. t ~4r S(`t
'E `S" ~J t~ r1''y~r 1 .,fq EciorlnV Arlo NF0RMA Intl
:'IP q U: It,
ilh * rf+ *'E:r t' ''1P, J:, r i'i: i'.I , I f ' '+.I1'.r'A~tr~. fis. Ji,y,it,. •R
',r 7 .A ,7,
r :i: +4l h~ ~ off., ~f, ry, j ~1 •V» a r ~ I ~I .,r^. ~ t ~n~Ol
lb w ~fl o + >F ~j YB~"fv l~ I E> a- r~ 'f
+ Vl~~ll 'i'!,~,~I'F F ,ili _ . ,tee ~1n•i.Nr`,y rrYr!i '.t ` ,,4
f - ♦ , r*~' i ranaeu rr+r.+,.)f 7' ~4' C(V ' pr~p'♦ + ~.1 r l `
+I ~4r~ u};~f,'~r~♦ -1 j` ~ P~i I~' S`.~ 'rr7 1y r-tit 'i P Y r j `L~'.. i~ i ~1.; r !
Wash ill 1011 County
ounty
t 9
7 °e
U~ll'f i Pro pert i
~lll'haill Q5 1
y ~
zv ;i Quarry Property
1 I . f
r. 1 f t ct~~~l~`1 f ~ ~ ~1 ~r' ~ i `l. r ffl~{r► t mile radius
1 r Cr,A. ! r ' , ` r{r il j ~{.~J''r r +a n~. S E' ~ 1 , ~ 1+ 1R$ ~ `t -
♦ _ _ r
%T
f it xl ~ , ` ~t✓!" c~ ~ ~1~ "j 1 ' r I77 ~ i-,} ~ r' ° ' s ~ ~
gyy ~,y I t ~ t a+ Y' XXd
v~y~S, t ~ ~P r 4!'P ,~`~'K+P r~ I"~~~ r ~~V r 6'~ r~ ♦1~ 1
jl„ ! :7~ Ml. r1, .y~b{I ?I, IP rlG If~^ ;i f ~'ry { e'r`r ~1,.AP ~ !;r~?: ~;~1+t+
•+r • T=, 'L~•~YI ;F: .~i ....;,:.~;..~a9r~~'~' , ! Ual•r, 0~1 " j, ,~jt? 1"." ,7 I' I~j _ S ,t`,, •N I,i~d n'". ~ r. - ,:~i
f ,i5 J j 7 i
V ~4T~ r 5 ,4;~1 .y t,r I1D ^^~~rf 1f.(` /Z{'h ~r tf r y. Jt f~ m ,7 9 ,r v-r.u~ . , }1 L.
rti r td° t~%„~: ah ~Y~r-v. ~A t! r.,, r•; , ~«u .,I,,'' - n~ '.ii,>'Y~~ ..p~f _a ~~p .~A,* T ~ I ~ , 1. ! ~ `
4~d,'1' r 1L
~i1':r 1. '1' t a. q k'r~1, '<p ~1r ~.,r ~hh~, '~t i,.r 1~. y 'ilt 7 r~1;~+~`n ~ti ~ ~ I" ~~✓~~V,~l
q i.. (y, If I rS~~ ~K 7y' A Ir~
'MI Q
1~,}~ ° ~ ~ w^i° ^i ~r , t ~jF~ fit!! ~ ~ I~~ `~1to ,'f~yt A ~ 1 ~",t~~'~~j
~~~.,,i;t~~; r '~`i.:,4 ~ -v""~ , ~ .x ~I. .1 ,a1r ;
r 4 n
:,F~ fit.4," ♦ ..,day >t ,.r 1..
t
•P.
"All
J t k,~
UARRY
j U k tl0 +r~~tl .1 l 14 . PHOPE TY,' / '
KY 7q 3'U r9 do ,.l' ld nG r r d ° ..rr I.
t, s~" I '~y, a tr I aar~ rf ~ ♦ ~~~;ay, ,~l~, r ~ ~
S~ ♦ t I`~`.fl r~~, l ,rssgk, ~ ~i5r~,;A ),q~ Z 1~5.,ix. r+~71;, 'I, I. J_
o.. 4,, - Lily r,r rV~ !3'f ~ 1Y ~ ~ ! ';1r, ~ rf ~ ~~~I(, 149, Y a ♦!._r i
,4 w1: ~f .K`.. s , i l~ r t ry r~l~'?•1r~ h, ! ,~i'• 4 . 9a< d n A ( i{~~~ ~ ~1
;rt ~ ~ ~ g ~,,~C~ytd '<r: !e ~py'f ~ a 'u^'°Rl.~~n, a:.7 ,ha • y♦~d, f'•'`~
t a n ♦5 trgt fu „ i c 'i F etlf,. j i j w „i~ ~o,. `4~ 7 r Z ,y SOURCES:
i. y.• .3.:, 1 u ''1: r si . "IS~=.. p. ...4. ♦r .ti 9 .1 SeRIA; Friu 0 'iY
r t 'a, t. i Es. ~r ' r l I `.rot 9w F' i a I^! ! ! ' Aana photon Y er,erB Gross;. Inc Pc^and
,ti 1 t ,;~a 4~ .0. • 7 J ~ ~`.r 1t I S•y ~ i 'it 'i^4' 1 1 t ♦ ~8 r,i y yi';
I a It a'r~ 9r i o P.y~ ",r P? ,rat ;i •~r Ri,;q,t,
A» Y,
' 1( ~rr ~ P ~iwl i,a,. ~1~rn ~ r ~ I~T1 1~ ~ F ~ I~~. + ~a ~ °p ,
t0~ hV.Fb71, rll r F': ` w`7. ,t d r ,I, ♦ r r r~-
r Will
F, t
1000 I500 20:0 2EJ3
M a 4
~ xn ~ ~ ; + t6 11 'sis ' ~ I a ? ' a " , c~ 4 ~ s ear
wulll
r . ~ ~l ,f L • • ~ - + ~ 'rl ~7 + r ~l kJ• f •l t ~~n♦~~ 8~ ~~66t ~ ff 'rr ~ 7~ ;
sly y
f r p y i ~tr ui ( y~ Y ~ryx
r n p ro Frl ~ A J r!I~ a~~~wF+ °9 I flr lnl y~+-.lr 1 ~ a
E7R0
qa~~.,.i 1~r 1J,15:~r!r w.,-.~Ahrk~ f,,. .Prgr^1 f t t`~`~ °
METRO DATA RESOURCE CENTER
°Y~~ 'w'~":,: .1.~~,` ( '_~r ter. ~ ilid:W~v~~ ~,.I 600iJEGRAvD AVENUE iPORTLAND OREGOv197?iw
ia5~~r. _ a J w 1,~. 7 b r 4 _ Y" x,. lel(50J)791 17421 fox (503) 797. 1909
r..
fly: dco@metru•reyrmel, I umelra•regianciry
}y ,
"R
:,J -fir, ~,j .I ' ' ~ ~ r ~ ~Skt ~ t P~.~ I ~ ~ , , ~ In - .w u•k.f"+Jdr,,,l i,Y,. ,
L I Y µ I
aP r ~ r, r
P yi '`r_....~;--- f _ r.~~ .r~L~.:l ~'N w~ r1~ _
a
spommill!
I... y- 93 .;;4n• ~ Ivy' - 1 I..Fi - f _ 6} ~u' ~~~.4 ,F +1 ~ ' r' li,~ r 1 ,.t ~;~,i:"~ b '4' S('. ~
,I ,•i'f31' x I~ ~ A ~l' I . il. M~q'~y'~ ~ I ,SC'; •
fl J~„ a i t~ 11 a r R .
I iv
Il4r..
,
ri S rYt: r,~4 ~F {4, m,
s I 2t rr rN` r y~pp d~t'rr r, .f;rC,? 4+P4;p"P'rd ;~~t'9: e~I y
4* A
--q it Jv, 1,
~94.b0P,~. Hv
n ti d
lit
11Y'~
3.,^ r ,~f dM~~~ 11E1 t el It ryr'! e
e
E 1'
rN y t.+1 y NO
Ir
0271
C
t~ ~ ^r
i r ~ ~I ~ e~y. ~ ~y}~I 4~~t t ,•J e-, J t Fdw y 0~
' ji
N ' ; 4' • ~h; r ii
f
1b vIM'f ( r t \2s IA`• Y rl
I
. '~v y 5 r~ f }Y 1
f 4 - Y ~a ~ ~ r G 1~ 'ter I
P eV
T 1'•
f atr 1 Nz 17'- tq4 'r
p~JJ 1
I' dh( y 3 ?a j
b mt
I I~
,4pp&o-
l Y ~ ggg'pppl I JU) ~ ' .f ~ f 9'
'`yll/~~~~~~yy r,.~I ,fir r 3~+~~.1An~.1' h>' H~`~,zA~ ~~'1 '~,'y ' $
~N~
4~,r rL9 l 7
~
7 e . 1~p
ll a;q 8 F F!`-F: ~.yr~~!~4'~a I6 i1' i I
~7 3~ log ~
17,
.~~y H+? »!y' ~vlu~illAtErtda"~wk`.. '.~SY'~I~!1- f
1
3 .
el t.
Rilltl'y,4 11 EG ION At. t.ANG INT 0 R M A f1 O[' .
val r
n?44~
~ F
it 0 {
iv, u{ I
elt~ittb~~hr~ ,r r
'~sAy'A~h ~~v~ a to r ~
tp„ a
r 1
Washington County
X", ~ Durhaill Quarry Property
~if~ I I I
Quarry Property
~ ryK Y An 1. SAr '
, _
~
• d r
)
t_ i
r`t~~
b
'
r
:t
y
, {t
S
OUARRY
:
PROPERTY
.
1
~ 1 r
L
' i Irf
'
y ,
~~dfp~
4 1
SOURCES
AERIA PHOTOGRAPHY
`f: 'j~ S
bySpence.8 Grss,Inc PcIDdrJ
~19,ep0hXa0la1, SrIaQY9h ~
I
d
3
lq Ir
x q
,
R
a
to ,
d ~ 'tor;
b~ 0 100 200 300 400 Fee;
I jf
rI r ,f,~ VC
' r I I K 4r c d r
METRO DATA RESOURCE CENTER
600 NE GRAND AVENUE PORTLAND, OREGON 97232
t tel (503) 797 1742 fax (503) 797. 1909
f dre@nmefre-regwq u_i • „ w melro-regicn arq
REGIONAL LAND INFORMATION SYSTEM
5 Durham Quarry Property
Central Commercial
Office Commercial
Heavy Industrial
Multi Family (medium density)
Single Family (lowest density)
Single Family (low density)
Single Family (low-medium density)
Single Family medium tlensit
40-
M e 7R o
METRO DATA RESOURCE CENTER
L L 1 1 L me raaosa zr~nooo
ton Co
Washin
nt
I~ k
g
y
u
I yp~y
~ A
L E G E N D
,
Quarry Property
j
A
rox
114 mile
adius
` ~ tt ~ it
T4~~1
3 ; v ~ _ I
PP
,
r
1
~lGeneral Commercial
Y
Neighborhood Commercial
'
'
Agricultural or Forestry
'y I
1
k
Ap:' h nth k
Industrial Area
l
' ~.~nrw:~ u, lE ! ~L'94W1v3Sh4!
1~ t Y
P~il
t
k~
~
~
;
Light Industrial
Mixed Use Industrial
~
i;
~r
n
t~la
~ Multi Family (low density)
~ l
~
'
°
~
~
~
~
~ ~
Multi Family (hi
h densit
)
y
• .
t
1
,
, t
.r,; ~ ~ ~ n: u ~
h,.
~
"
y
g
Multi Family (highest density)
Mixed Use (low density)
Mixed Use (low density)
Mixed Use (high density)
Public Facilities
Parks & Open Spaces
Rural Residential or Future Urban
6 r
1 ~ f 6 'f~ f a ~ g r i
Sin
le Famil
(medium-hi
h densit
)
~
g
y
g
y
Single Family (high density)
Single Family (hi
hest d
it
H
g
ens
y)
W
~
I I
O ~ ~
1 F y + I,~
~
SOURCES:
_
I
;
ja 4 ~lt~~l
I I
tiY{ I A 7
, ' r' 11 J`M ~ ~
;
~S ~
~
I
f
,
r
t i
x~ 1
l F ~ , r FlF
TAX LOT MAP
CowNAssessment andTaxailonaHicas,1999.Data
'~+s ~ ~ wy, I~~'' ' ' ,:y ns
~ fl :~LLCO ;r ° ~ + 14 ,
' ~ ~ ~ '1 a ~ - I ~ ` , I ; J/' a~~ ~ i ~
calla onscelelel"=100'.Inurhanareasandi"=2W'er
1-000'In rural areas. Horizontal accuracy is
99lusor
minus flue(eelarbeflerlneaavertan,b!ilaukle,Oregaa
City, Tigard end ur6en Multnomah County: Other aleac are
rmin
plus a
ualenfeat.
~
~
F
~p
~
ZONING
LocalJ
n zc g 1999
sdicgo nin maps
Re Isle
g rs !o the
tl
~
, r
,
y
P~~ B
4
Rl T~ 1 7
+
~
.
a
,
lol p
lez
I~ I K' 7, 1 r ~ C xt I ' l,~
T',Ilrrmolionnn finis napp I fnveal~ n i'.d' 7riiG.
,.arr. % as taken in the reallan.f,his map vuim I iii Iy
r
sWnslhilll Y for P
I arrnrs omissions : or positional a
o°m
CTL;~
~ ~
.
~2
rrantles;expressed nnmplie0.^includinglhe I mp,,l n ror;ur
fNese toraparicWerpurpose, eccompanymi;;h
d~ r ' °
_ ~ ,l, j~ } v
n f
11-~, ✓ ,1 fa
ncJicaiion of any errors: ull ~u aopremaleJ, w,r ads ai a..
i
l
a + . -
,f
o sao aoo aao aao Feat
,~--rte -
r
I
~ LY
4 h: ~
~
•
~ I ° ~ ~I~ ~
~
~
r
~
~
600 NE GRAND AVENUE PORTLAND, OREGON 97292
I ?r
~ s'~ r I
„ ~ ~ I ~
puetpu - ~
~ ~t~~
~
iel (503)'78'/ •1742 fax (503) 787 - 1909
dre@merro-reglon;org vrrnv.melro•reglon,arg
I
E-
20 SCREENS THEATRE LOCATION OF 3 LEVELS 2,320
3 LEVELS 2,320 CAR 4,500 SEATS 90 OOOS,F. CAR PARKING STRUCTURE
"riti u ^ m The mixed•usadevelopmentproposedforBdgdepalVillageweavesadchlhrea• BELOWT4~REe&VIL E ,
KL
PARKING STRUCTURE BELOW
THEATRE&VILLAGE dlmensionaltapeslrycfdesireddesllnalio11 Eachumquepad-lhaakes,stores, _
r t restaurants and offices-will have its awn ldenlily and yet blend Into a harmonious '
a-
whole. The resultwillheavibrantregionalcenterafcahuralactivity, designed toallow
F 4 w ~a automobiles and pedestrians to peacefully co-exist, with gi hit Ion
1 0 t Paths
q 3 18 17 The solu(ion capitalizes on Ile lopagraphy of the spent quarry,iendeAly inserting a u + I
iLO 1~ m.16- 170 ' CARS r ~ spaciouslh,e. auelparkmgslructuremfatheexlshngezcaval,remouln enough
LOBBY remaining earth to smooth the site into a universally acce Iattonn whilegalancin
2 rL 9 Y
8 hour ssihla
I - n I MAJOR - culand811. Thebulkofpeak•
5 grv .,:z
carsarelhusstoredaulo vlewbelowlhshead
"A" ro oflhevillage,thelraccupants whisked tothebusiOesslevelbymullipleescalalorsrs: I~ Tl
t I U r la 15 Limited surface arkin9and easy 9 !a na'n ate slreatswill amply handle the escalators. I `
JIF- k P P
-
„s
n r2, . a traffic,ThecampementofuseswiOultimately ease parkin gdemand through reciprocal
7 9 10 ar (I 1I~ I 14 kti~ use of the garage, and simplify traffic through a broader distribution of busy periods;
J „I I - peak theatre demand is opposite peak office demand.
8 area 13
< Q~ y/ The site and buildings will take maximum advantage of the best available technology,
{r through "smart"design forinstantaneous worldwldecommunlration, and a"green (
10 CARS DROP OFF _ approach to materials and methods. - J
rY1}.,
_ 4 8 `J QY / xv
eK - RE AL RETAIL K FOOD
10k U 2DK.. -ld
FOOD
RETAIL N N RI-- TAIL
n. C)k 1 _ - z y~
w~
100 K I(I _ v? Itl 4 100 K
OFFICE ^ x OFFICE e -
rooo rani o N.
24 K 4q r' I
2LEVELS I~ 2LEVELS 5 .I
1 RETAL / I " RETAL
EXISTING SITE TOPOGRAPHY
rm
a
a VI LAG FOOD f $e
m z TABULATIONS
RETAIL 1 _ RETAIL Faso 5
100 K • VVV
104 3 OFFICE 4 OFFICE SITE AREA 28.6 GROSS ACRES
RETAIL - I /
i' 1000AR5 126.0-NCTACRES
S 0
NOVEMBER 14, 2000 20002.02
SITE PLAN
DIM 11"'GEPUCIRT 'VILLAGE
WASHINGTON COUNTY, OREGON
U 1 E N f 0 R 0 U
ARCHITECTS !'r PLANNERS
3300 IRVINE AVE., SUITE 9200 11 NEWPORT BEACH, CA, 92660
949.955.3991 U FAX: 949.955.3998
MODEM: 949.955.3997 41 email@stoutinc,com
25D
G H =
BUILDING AREA
AREA
PARKING
THEATRE
90,000 S.F.
5 SEATS/ CAR 900 CARS
MAJOR "A"
30,000 S.F"
MAJOR "B"
20,000S.F.
VILLAGE RETAIL
76,000 S.F.
5 CARS/1000 S.F. " ' 00 CARS
RETAIL BELOW OFFICE
80,000S.F.
PAD RETAIL
23,000 S.F•'
OFFICE
500,000 S.F. "
i 4 CARS/1000 S.F. 2,000 CARS
TOTAL AREA
819,000S.F.
REDUCTION FOR MIXE
D USE
50% REDUCTION OF
THEATRE PARKING
-450 CARS
20% RETAIL PARKING
-220 CARS
REDUCTION
TOTAL PARKING DE
MAND
3,330 CARS
PARKING PROVIDED
SURFACE PARKING
1,010 CARS
PARKING STRUCTURE
2,320 CARS
TOTAL PARKING PROVIDED 3,330 CARS
FAR = 0.72 ON NET SITE AREA
R
THEATRE ABOVE
3 LEVELS PARKING
STRUCTURE 2,320 CARS LOCATION OF 3 LEVEL 2,320
Themixed•usedevelopment praposedfor13rigdeporiVillage weaves arich three. CAR PARKING STRUCTURE
dimensional tapestry ofdesiraddasOnations. Each unique pad-•theatres,storesBELOWTHEATRE&VILLAGE
fff ~ r_ restaurants and offices-will have Its own Identity endyyetbland Into aharmonious
k^~y~
RAMP a RAMP whole. The result will be a vibrant regional center ofculturalactivity, designed toallow
,
automobiles and pedestrians to peacefully co-exist, with generous, brlghtly lit circulation
Ii f paths
r
pp
Thasolution callalizesonthetopography otlhespanlquarry, deftly Inserting a °
spacious Ihree•leval parking structure Into the existing excavation, removing enough
I remaining earth to smooth the site Into suniversaliyaeeessible latfonnwhilebalancing Ly_
cut end rytla The bulk ofP ek•hou. ears are thus stored out o below the hears
1° 70 of(havlllae,lheiroccupantswhiskedtaihehusiroaslevelbyymulgpleascalalare I
I I i CARS Limited surface paddngandeasy-to•navlgatestreets will amp lyhandle the routine
I ~~v
rd ESCA ORS ES TOR
T Va
CA parking
it P ~o•Thacomplement otuses wtllultimately ease parkla demand through reciprowl I
1, e
a use of the garago, and simPIIN traffic through a broader distribution of busy periods' peaktlieafrademandlsoppoVlepoakoffice demand.
~ Ir v
1 k
I ELEV +
0 1 The site and bulidings will lake maximum advantage of the best available technology, °
through 'smart" design for Instantaneous worldwida communication, and a "green
/ approach to materials and methods. J
. .r I.
t
r f ,4 r r
m SCP ,TOR ' i ,i }I CT6 `
AC 1 FV j,' 4 N ~~I ^1 1.~
N YIl ABOVE
- - ,
r LEk
I
I °m LEV a -
r I CARS I I ~ I 'W i
CARS
l
i
ELEV t i
ELEV.•
20 CARS 20 CARS EXISTING SITE TOPOGRAPHY
r 10° I~~J
cI l~
P~I
i TABULATIONS
i
,
130
CARS
180
ARS
SITE AREA
BUILDING AREA
AREA
PARKING
THEATRE
90,000 S. F.
5 SEATS/ CAR 900 CARS
MAJOR "A'
30,000 S.F.
MAJOR "B'
20,000 S.F.
VILLAGE RETAIL
76,000 S.F.
5 CARS/1000 S.F. 1,100 CARS
RETAIL BELOW OFFICE
80,000 S.F.
PAD RETAIL
23,000 S.F,
OFFICE
500,000 ST,
4 CARS/1000 S.F. 2,000 CARS
TOTAL AREA 019,000 S.F.
REDUCTION FOR MIXED USE
50% REDUCTION OF
28.6 GROSS ACRES
±26.0 NETACRES
THEATRE PARKING -450 CARS
20% RETAIL PARKING -220 CARS
REDUCTION
TOTAL
RKING PARIDED DEMAND 3,330 CARS
PARKING PLAN I T "FILLAGE PA
VIDED
WASHINGTON COUNTY, OREGON PARKING PROVIDED
SURFACE PARKING 1,010 CARS
S 1 J F 4 8 H 0 U G PARKING STRUCTURE 2,320 CARS
ARCHITECTS & PLANNERS
TOTAL PARKING PROVIDED 3,330 CARS
3300 iRVINE.AVE., SUITE 0200 o NEWPORT BEACH, CA. 92660
949,905.3991 0 FAX: 949.955.3998
NOVEMBER 94, 2000 20002.02 MODEM: 949.955.3997 0 amail@stoutinc.com FAR = 0.72 ON NET SITE AREA
SILICON VALLEY CENTER
Sunnyvale, California
ENTERTAINMENT VILLAGE
TABULATION
EXISTING
PROPOSED
CHANGE
SITE AREA
35.24 acres
36.50 acres
01.26 acres
BUILOING AREA
Macy's
177,816 s.f.
177,816 s.f.
0
Montgomery Ward
152,621 s.f.
152,621 s.L
0
J.C. Penney
98,408 s.f.
98,408 s.f.
0
Mall GLA
269,494 s.f.
329,494 s.f.
60,000 s.f.
Entertainment Village
0
115,000 31
115,000 s.f.
Pads
12,537 s.f.
55,537 s.f.
43,000 s.f.
20-Screon Theater
0
82,000 31
82,000 s.f.
Total
710,876 s.f.
1,010,376 s.f.
300,000 s.f.
PARKING
Existing Structured Parking
2,430 cars
1,700 cars
-730 cars
Parking Q Grade
911 cars
600 cars
-311 cars
New Parking Structure
0
1,800 cars
+1,800 cars
Total
3,341 cars
4,100 cars
+759 cars
Parking Ratio
4.7 cars/1000 s.f.
4.1 cars/1000 s.f.
Owner:
American Mali Properties, LLC
Sherman Oaks, California
Description:
The Silicon Valley Center, in Sunnyvale, is a redevelopment of
the Sunnyvale Town Center mail, adding an entertainment
center, 20-screen theater coroplex and additional mail space. A
new 1800 car parking structure will service the renovated facility
and the 250,000 sq. ft. addition.
Architect:
Stoutenborough, Inc.
Architects & Planners
i J U i 9 9 0 1 0 U G H _
i
o+gNmr N
k ~
7L a - oom
l f rrmm~
1 I ; do
W I Y ~ II 0. ~ ~ a ~y~4`ti
'
w
WW u
f N ^
X q
N
n
MU
C 9
g a ,r ~ y9 'f ; ~ ~ F 3 ?
y :9 ~ r`•a, uxy., 2~ _ rJ, - -::ham\~ oa a
i
P
r
•R
r~Q~ ~ ~ rtn y_ ~ r
9 ~ 08°
a~•-~s~
1 _ ,."h q ~ Eg~g88
~~Pr~LV n r m
8 ~ aSJ a ~ b 0 --L__
5d L~ Q s fl V
arc
a n
Lj-,
a U U k ~ay .d 5 ~Z
'lam C RriT 1 ] °¢e'~~r
C7
I~
i
'l
I11
ISM! ~ r t i rr'
-r.
1
~ itl ~ ~ III ~ n r
1 r
I
"H r= r f ~ r1~.. Ut x~i' + r:
+ 'I 4 " f 'I r Irn 1,. i rl tat e; l}
c...1 : 1~ 1 s 1 ( r , at 'i
i ~ /~M ~,il~ 1 fll!,~ ] ~ ~I } ( ~ ~ fit'"~ ~ ::1 1 ~ t , ✓ ~d ~ s I ~r;.
r 3.;~",~~~ a red ~ t ~ ~ ~ ,.}~~il;~~k'r~P~r•ri:~~~Fl f„ ;t"
' F ~ r ~ ' ~ v,/ + f I,l ~ ~ I~ "T^`m`pV'tj✓Y~ .,,ruf i r11fr
r
tl!{ , 1 ty 1~','1 1 ,rrr r/>~ r ~I S
I 7K
` ~,,+t , t .F rI
a V 4'I f' ~ I ! yrd ,c ri" -•a i ~ 1 a ' ~a:~ r v
1 JJ 11 _
t;.
h'
nd
,dlf. .er. lx ~Pt~V~.r.~TMX ~rA , ~v~ ° vn y " -
~ F
o
~n
: T H. ~'?II n.4 WS••y. c11`I fl.P.'~'~`71 ~ V_.i<J
Mimi
I
r +i
I
JJ
a \l J
~af
a
i
§r~~ ~~t
•
p.,J , i 1 .f . r o. 1 - i•.':..:. f ~V% y8 J,F ~ I,J ~ 'r + ~~i`
✓ fir' ~ci r j1 ':r ~ r ' Kr ' - - r de p :F~~ ~xaa. v,~d "r r ~,7 i•.
r
ro
.w ,
•
~ ~ } ter,- ~ ,,t'•= ~ 9 ~ ~ 1 t
r
1, r
r t y. •i y ~ta ~Ai
1 r 1 „
•'i 5%i si: s'' p,%~: ~ ~ e,^a, •JY { ~t• ~.1 - .•Y.:'ri'",• ~ V is r IN .41
1 a ~ - ~~rw •~a A i- - r
t~'R
r 1' 11
e
t h
- y if J
/ 1 p 1 Y
r `
~ r ~ II ~ ~ K c ~ tr
I r LMMARCHITECTS
Novemher 2000
AGENDA ITEM # 5
FOR AGENDA OF E5 • 15.O I
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Strategic Planning of Funding for Library Transportation Recreation & Public
Facility Needs/ General Fund
PREPARED BY: William A Monahan DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Council should have a discussion of the major funding issues which are pending requiring Council review and
decisions over the next few years. Since the resources that are available to the community are limited, some
prioritization of needs should occur as well as scheduling potential bond measures.
STAFF RECOMMENDATION
Staff recommends that the City Council discuss the major funding issues facing the community and determine a
tentative schedule for addressing these needs.
INTORMATION SUMMARY
The City has several financial issues facing it in the next several years related to the availability of general fund
revenue and the need for providing improved public facilities and programs. In recent years, the City has failed to
obtain voter approval of both a public facility bond in 1998 and a transportation funding package in 2000. In
addition, voters rejected the Atfalati Recreation District proposal in 2000. Presently, the City Council, staff, and
citizen committees are evaluating the need and funding options for a new library facility as well as transportation
irrnrovements. Meanwhile, the Atfalati Recreation District or some other entity may consider seeking funding at
some time for recreation programs and facilities.
With several funding issues facing the City, it is important that the City Council be briefed on the City's financial
situation, possible funding sources, and the potential funding needs for a new library and road improvements. Each
of the issues impacts the other. In addition, because the City has not been successful in passing voter approved
bonds to finance major improvements, there is a need for a coordinated effort and planned out scheduling of any
financial package that goes to the voters.
On May 15 staff will lead a discussion with Council on the information presently known on the funding needs for a
new library, trends and costs related to transportation improvements under the City's jurisdiction, and other general
fund related issues. Craig Prosser will brief the Council on the Financial Plan and the options available to the City
to reverse the direction of the general fund. A local option levy, as allowed by Oregon law, should be explored as
an option to provide additional general fund dollars for City operations in future years.
Based upon the discussion on May 15, the Council and staff should continue to prepare a prioritization and
sequence of activities which can then be used to guide the plans and actions of Council, advisory groups, and staff.
For instance, if the Council chooses to place a library facility bond on the ballot in 2002, ahead of other funding
requests, what would the logical next package entail and when would it be considered by the voters? Based upon
the direction given by Council, staff can return with alternatives and information on the impact that the alternatives
have on the City's financial position.
Citizen members of tl-Le Budget Committee will be invited to attend the workshop session and participate. While no
final decisions on the specifics of a strategic plan for funding are necessary at this time, if direction is given, better
long-range planning can result.
Address each municipal funding issue independently as it comes before Council.
Once a final decision is made on a strategic plan, each individual element of the plan will have fiscal consequences.
I:U WWY COUNCIL COUNCIL AGENDA ITEM SUMMARIESXSTRATEGIC PLANNING OF FUNDING.DOC
%
N R~
h f.~i cFd r ~"a+~
~i~~r
= t~ ~ rot ^3'i
` S
r S r
t ~
fa ti 1.
A "I
'Y"'I2tC°R ~ lr t-~ S S `t n'k~I^A {no y.
'~1b~~Zf t S t ~ 6y.i 1'+. g
"
frrCSC'4} 1 a s 9' roc ' ~K t! .r
'tr},{'rf`41YJ~~4 i'.~,,~yf~t ty i
+'f rA^9 f 6 '-J1 ?T 3YIYf~W yTt.•- ( i
$4 ~.r s ,c t ~ t r 'y~ ~f
AF d S
G4 ' ~K t 6~ r ti r r r `.I, ~.lsrct 2 c^'~- .i
Xrlj -.L~ r "1" 1 ebYY'1c1;75K' ,
t i~ J
~ s ii.R ( ~ a I`r .l
4
are rs I
~~>ch' i~Crxrl ~f 'c"}S3
al:u
9It.~ 1 _ M1 t f•rr , 2, V.yX
v s z>a I€t z ~ ( .`i
F 44
'nl. S t c l i q S .n
._t
vY
X--V j `t z
~4 a r~~ s (i.~ etf c. i y.}
Gv i
eF J t "
r tom. tF
, z v-%,z sya7 a xT ' r 1Nr' A ty c, a
h ~ (~a~~}",lcs~,J x 1 ~ ln-K,~^`~`FJ♦ y " ~ - "
lr ct I' it < + , s „h`'
Y S C ? Si¢"`t~
A.i. ~ Art,. i.' t !~✓''.6 fY? 111. i_
~f:
3
l tfr~_~I~`~E".
~k i ~7~.ui~a}r
~ r~.lrtli.~
S L v«YlY9
^ ~ 1~~11.; .n.:.~
7 r,i...-;,h"s,~i
I
4
_J~~~ ti
~r~=
z"'
. `'~'v
~le~.pi1
Lii~
6
10
AGENDA ITEM #
FOR AGENDA OF May 15, 2001
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE
PREPARED BY: G N Be=91)$ DEPT HEAD OK
ISSUE BEFORE THE COUNCIL
Council review and discussion of Tigard Municipal Code Chapter 13.09, and potential changes to the existing
ordinance.
STAFF RECOMMENDATION
Direct the preparation of revisions to TMC Chapter 13.09 as recommended by staff.
INFORMATION SUMMARY
The purposes of the discussion in this meeting are to:
■ Review the current ordinance with Council
■ Explain how the City currently uses the ordinance
■ Discuss issues noted with the existing ordinance and potential changes
■ Receive direction from Council on revisions that should be made in the ordinance
Existing Ordinance
Chapter 13.09 (Attachment A) provides for the formation of reimbursement districts for various types of public
improvements including streets, storm drainage, and water. The ordinance currently excludes the formation of
reimbursement districts for improvements that would ordinarily be required as part of private development projects.
However, a reimbursement district can be formed for the benefit of a private developer if the improvements are in
addition to or in size greater than that which would ordinarily be required.
Experience has shown that the Chapter is best suited for public improvements such as sanitary sewers where a
physical connection to the public improvement is required for the continuing use of a parcel of land. The City
currently uses Chapter 13.09 primarily to form Reimbursement Districts for sanitary sewer extensions. This enables
the City to recover the cost of constructing the sewers by charging each owner within the district a reimbursement
fee when the owner connects to the sewer. The current ordinance evolved through a series of past Council actions
that are summarized in Attachment B.
Issues Noted
■ Reimbursement districts do not appear practical for improvements other than sanitary sewer or water lines. For
example, a developer could request that a reimbursement district be formed for street improvements. However,
recovery of the cost would be difficult to control because the developer would only be reimbursed for the cost
of the additional street improvements if the other owners within the district obtained permits to build new
buildings, extensively modify existing buildings, or connect to the improved street. Similarly, if the City were
to attempt to recover the cost of street improvements constructed by the City through a reimbursement district,
it would be faced with this same uncertainty. A storm drainage project likewise faces the same difficulty since
many small developments could direct runoff towards the street without underground connection to the storm
drainage system. The question is therefore: Should the language in this chapter that provides for other types of
reimbursement districts be retained? The formation of a Local Improvement District appears to be a more
suitable method for recovering costs of these types of projects.
There is occasionally a need to purchase an easement within the district to construct a sewer project. However,
Chapter 13.09 does not currently authorize inclusion of this cost in the reimbursement fee. Section 13.09.040
states that for the cost of the purchase of an interest in land (such as an easement) to be included the
reimbursement fee, it must be "purchased from a third party to complete off-site improvements". However,
providing service to an existing subdivision may require purchasing an easement from an owner within the
nronosed district. This would result in the purchase not being from a third party and not for an off-site
improvement. Should the paragraph be revised to allow the cost of purchasing on-site easements to be
included in the reimbursement fee?
® The existing ordinance provides for the establishment of reimbursement districts to reimburse a developer for
waterlines installed that exceed the capacity required for the developer's project. The use of reimbursement
districts appears feasible in this type of situation. However, in actual practice, the City currently funds this
required additional capacity through collection of connection fees. Consequently, forming a reimbursement
district for the construction of waterlines is unlikely unless the current practice changes.
The existing ordinance is basically tailored for developer-initiated reimbursement districts. It has provisions for
charging administrative fees for administrative review and has a mechanism for charging City costs for
administration of the agreement that is developed between the City and the applicant. However, for City-
initiated reimbursement districts, the ordinance does not explicitly provide for City overhead fees in
administering the districts. Should the ordinance be revised to allow the City to include those overhead charges
to the districts formed? This, of course, runs counter to the goal of providing incentives to connect to sewer by
increasing the overall costs.
Recommendations
The existing ordinance could be revised to reflect actual practice and eliminate portions of the Chapter that do not
appear feasible for implementation. However, there does not appear to be any real need to change the ordinance by
limiting it to the formation of sanitary sewers. Other improvements could conceivably be constructed using
reimbursement districts contingent upon the establishment of relevant mechanisms that would trigger collection of
the reimbursement fees. In addition, if City practices change, the installation of additional water line capacity could
be constructed through formation of reimbursement districts.
Adding City overhead charges to the overall costs for City-initiated districts would add to the cost per lot. Although
it would be proper to include such charges, the City has not included the charges in previously formed districts.
Because it would increase costs, it probably would not be a good idea to make these charges mandatory. However,
staff recommends revision of the ordinance to allow the City, at the City's discretion, to include such charges in the
overall costs.
Another change that staff recommends is to allow purchase of an easement within the district if needed to construct
the project. At Council direction, Chapter 13.09 will be revised to provide this authorization.
The next anticipated request for Council action is scheduled for June 12, 2001. At that meeting, staff will present a
plan to extend sewer service throughout the City using the Neighborhood Sewer Extension Program. A package of
incentives to encourage owners in reimbursem^rxt districts to promptly connect to the sewer once it is available will
also be presented and discussed in that meeting. Council will be requested to provide d: -ztion on those incentives
that would be acceptable and should be developed for implementation. The selected incentives could be
implemented through resolution and need ,ot be included in Chapter 13.09.
OTHER ALTERNATIVES CONSIDERED
Discussion item only. Proposed revisions to Chapter 13.09 will be prepared in response to direction from
Council.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Attachment A: Tigard Municipal Code Chapter 13.09, Reimbursement Districts
Attachment B: Evolution of Chapter 13.09 Through Past Council Actions
FISCAL NOTES
Reimbursement districts are funded through the Sanitary Sewer Fund as approved in the annual Capital
Improvement Program.
1ACitywide\.Sum\Revisions to the Reimbursement District Ordinance
Attachment A
TIGARD 1VIUNICIPAL. CODE
Chapter 13.09 REIMBURSEMENT
DISTRIC'T'S
Sections:
service to property, other than property owned by
the person, and who applies to the City for
reimbursement for the expense of the
improvement. The "applicant" may be the City.
13.09.010
Definitions
13.09.020
Application for a
Reimbursement District
13.09.030
City Engineer's Report
13.09.040
Amount to be Reimbursed
13.09.050
Public Hearing
13.09.060
Notice of Public Hearing
13.09.070
City Council Action
13.09.080
Notice of Adoption of
Resolution
13.09.090
Recording the Resolution
13.09.100
Contesting the Reimbursement
District
13.09.105
Final Public Hearing
13.09.110
Obligation to Pay
Reimbursement Fee
13.09.115
Annual Fee Adjustment
13.09.120
Administration
13.09.010 Definitions
(1) "City Engineer" or "Engineer" means
the person holding the position of City Engineer
or any officer or employee designated by that
person to perform duties stated within this
chapter.
(2) "City" means the City of Tigard.
(3) "Person" means a natural person, the
person's heirs, executors, administrators, or
assigns; a firm, partnership, corporation,
association or legal entity, its or their successors
or assigns; and any agent employee or any
representative thereof.
(4) "Applicant" means a person, as defined
in subsection (3), who is required or chooses to
finance some or all of the cost of a street, water or
sewer improvement which is available to provide
(5) "Street Improvement" means a street or
street improvement conforming with standards in
the Tigard Community Development Code and
including but not limited to streets, storm drains,
curbs, gutters, sidewalks, bike paths, traffic
control devices, street trees, lights and signs and
public right-of-way.
(6) "Water Improvement" means a water or
water line improvement conforming with
standards in the Tigard Community Development
Code and including but not limited to extending a
water line to property, other than property owned
by the applicant, so that water service can be
provided for such other property without further
extension of the line.
(7) "Sewer Improvement" means a sewer or
sewer line improvement conforming with
standards in the Tigard Community Development
Code and including but not limited to extending a
sewer line to property, other than property owned
by the applicant, so that sewer service can be
provided for such other property without further
extension of the line.
(8) "Reimbursement District" means the
area which is determined by the City Council to
derive a benefit from the construction of street,
water or sewer improvements, financed in whole
or in part by the applicant and includes property
which has the opportunity to utilize such an
improvement.
(9) "Reimbursement Fee" means the fee
required to be paid by a resolution of the City
Council and the reimbursement agreement. (Ord.
96-13; Ord. 94-10)
13-09-1 Rev. 04109196
TIGARD 1!/IUNICIPAL, CODE
13.09.020 application for a
Reimbursement District
of the cost of labor and materials, or other
evidence satisfactory to the City Engineer.
(1) Any person who is required to or
chooses to finance some or all of the cost of a
street, water or sewer improvement which is
available to provide service to property, other than
property owned by the person, may, by written
application filed with the City Engineer, request
that the City establish a reimbursement district.
The street, water and sewer improvements must
include improvements in addition to or in a size
greater than those which would otherwise
ordinarily be required in connection with an
application for permit approval and must be
available to provide service to property other than
property owned by the applicant. Examples
include but shall not be limited to full street
improvements instead of half street
improvements, off site sidewalks, connection of
street sections for continuity, extension of water
lines and extension of sewer lines. The City may
also initiate formation of a reimbursement district.
The application shall be accompanied by a fee, as
established by resolution, sufficient to cover the
cost of administrative review and notice pursuant
to this Chapter.
(2) The application shall include the
following:
(a) A description of the location, type,
size and cost of the public improvement to be
eligible for reimbursement.
(b) A map showing the properties to be
included in the proposed reimbursement district;
the zoning district for the properties; the front
footage or square footage of said properties, or
similar date necessary for calculating the
apportionment of the cost; and the property or
properties owned by the applicant.
(c) The estimated cost of the
improvements as evidenced by bids, projections
(d) The estimated date of completion
of the public improvements.
(e) Applicant may request a
discretionary annual fee adjustment, which, if
granted, will be administered pursuant to Section
13.09.115. (Ord. 96-13; Ord. 94-10)
13.09.030 City Engineer's Report
The City Engineer shall review the
application for the establishment of a
reimbursement district and evaluate whether a
district should be established. The Engineer may
require the submittal of other relevant information
from the applicant in order to assist in the
evaluation. The Engineer shall prepare a written
report for the City Council, considering and
making recommendations concerning the
following factors:
(a) Whether the applicant will finance
some or all of the cost of a street, water or sewer
improvement, thereby making service available to
property, other than property owned by the
applicant;
(b) The area to be included in the
reimbursement district;
(c) The estimated cost of the street,
water or sewer improvements within the area of
the proposed reimbursement district and the
portion of the cost for which the applicant should
be reimbursed;
(d) A methodology for spreading the
cost among the parcels within the reimbursement
district and where appropriate defining a"unit" for
applying the reimbursement fee to property which
may, with City approval, be partitioned, altered,
modified, or subdivided at some future date. The
13-09-2 Rev. 04109196
TIGARD MUNICIPAL CODE
methodology should include consideration of the
cost of the improvements, prior contributions by
property owners, the value of the unused capacity,
rate-making principles employed to finance public
improvements, and other factors deemed relevant
by the City Engineer. Prior contributions by
property owners will only be considered if the
contribution was for the same type of
improvement and at the same location (example: a
sewer-related contribution in the same location as
a sewer improvement would be considered, a
water-related contribution in the same location as
a sewer improvement would not be considered);
systems development charge credits, or any costs
which cannot be clearly documented.
(3) No reimbursement shall be
allowed for construction costs that occur prior to
the formation date of the reimbursement district.
(4) Reimbursement for legal
expenses shall be allowed only to the extent that
such expenses relate to the preparation and filing
of an application for reimbursement, and to
working with the City through the Engineer's
Report and formation public hearing stages of an
application.
(e) The amount to be charged by the
City for administration of the agreement by the
City. The administration fee shall be fixed by the
City Council and will be included in the resolution
approving and forming the reimbursement district.
The administration fee is due and payable to the
City at the time the agreement in Section
13.09.070(2) is signed.
(f) The period of time that the right to
reimbursement exists if the period is less than
fifteen years. (Ord. 96-13; Ord. 94-10)
13.09.40 Amount to be Reimbursed
(1) The cost to be reimbursed to the
applicant shall be limited to the cost of
construction, engineering, and off-site right of
way. Engineering shall include surveying and
inspection and shall not exceed 13.5% of eligible
construction cost. Costs to be reimbursed for
right of way shall be limited to the reasonable
market value of land or easements purchased by
the applicant from a third party to complete off-
site improvements.
(2) No reimbursement shall be
allowed for financing costs, permits or fees
required for construction permits, land or
easements dedicated by the applicant, costs which
are eligible for traffic impact fee credits or
(5) A reimbursement fee shall be computed
by the City for all properties which have the
opportunity to utilize the improvements, including
the property of the applicant for formation of a
reimbursement district. The applicant for
formation of the reimbursement district shall not
be reimbursed for the portion of the
reimbursement fee computed for the property of
the applicant. (Ord. 96-13; Ord. 94-10)
13.09.050 Public Hearing
(1) Within a reasonable time after the City
Engineer has completed the report required in
Section 13.09.030, the City Council shall hold an
informational public hearing in which any person
shall be given the opportunity to comment on the
proposed reimbursement district. Because
formation of the reimbursement district does not
result in an assessment against property or lien
against property, the public hearing is for
informational purposes only and is not subject to
mandatory termination because of remonstrances.
The City Council has the sole discretion after the
public hearing to decide whether a resolution
approving and forming the reimbursement district
shall be adopted.
(2) Repealed by Ord. 96-13. (Ord. 96-13;
Ord. 94-10)
13-09-3 Rev. 04109196
TIGARD MUNICIPAL CODE
13.09.060 Notice of Public Hearing
Not less than 10 nor more than 30 days prior
to any public hearing held pursuant to this
Chapter, the applicant and all owners of property
within the proposed district shall be notified of
such hearing and the purpose thereof. Such
notification shall be accomplished by either
regular mail or personal service. If notification is
accomplished by mail, notice shall be mailed not
less than 13 days prior to the hearing. Notice
shall be deemed effective on the date that the
letter of notification is mailed. Failure of the
applicant or any affected property owner to be so
notified shall not invalidate or otherwise affect
any reimbursement district resolution or the City
Council's action to approve the same. (Ord. 94-
10)
(c) The applicant shall defend,
indemnify and hold harmless the City from any
and all losses, claims, damage, judgments or other
costs or expense arising as a result of or related to
the City's establishment of the district.
(d) The applicant shall acknowledge
that the City is not obligated to collect the
reimbursement fee from affected property owners.
(e) Other provisions as the City
Ccuncil determines necessary and property to
carry out the provisions of this Chapter.
(3) If a reimbursement district is established
by the City Council, the date of the formation of
the district shall be the date that the City Council
adopts the resolution forming the district.
13.09.070 City Council Action
(1) After the public hearing held
pursuant to Section 13.09.050, the City Council
shall approve, reject or modify the
recommendations contained in the City Engineer's
report. The City Council's decision shall be
embodied in a resolution. If a reimbursement
district is established, the resolution shall include
the City Engineer's report as approved or
modified.
(2) When the applicant is other than
the City, the reso'. tion shall instruct the City
Administrator to enter into an agreement with the
applicant pertaining to the reimbursement district
improvements. The agreement shall be contingent
upon the improvements being accepted by the
City. The agreement, at a minimum, shall contain
the following provisions:
(a) The public improvement(s) shall
meet all applicable City standards.
(b) The estimated total amount of
potential reimbursement to the applicant.
(4) The City Council resolution and
reimbursement agreement shall determine the
boundaries of the reimbursement district and shall
determine the methodology for imposing a fee
which considers the cost of reimbursing the
applicant for financing the construction of a street,
water or sewer improvement within the
reimbursement district. (Ord. 96-13; Ord. 94-10)
13.09.080 Notice of Adoption of
Resolution
The City shall notify all property owners
within the district and the applicant of the
adoption of a reimbursement district resolution.
The notice shall include a copy of the resolution,
the date it was adopted and a short explanation of
when the property owner is obligated to pay the
reimbursement fee and the amount of the fee.
(Ord. 94-10)
13.09.090 Recording the Resolution
The City Recorder shall cause notice of the
formation and nature of the reimbursement district
to be filed in the office of the County Recorder so
13-09-4 Rev. 04109196
TIGARD MUNICIPAL CODE
as to provide notice to potential purchasers of
property within the district. Said recording shall
not create a lien. Failure to make such a recording
shall not affect the legality of the resolution or the
obligation to pay the reimbursement fee. (Ord.
94-10)
13.09.100 Contesting the Reimbursement
District
(4) Failure to provide the documentation
required by this section shall result in the
automatic lapse of any resolution adopted by the
City Council pursuant to section 13.09.050.
Following the final public hearing provided for
herein, and subject to the limitations provided for
herein, the City Council shall have the authority to
approve, rescind, or modify the reimbursement
district. (Ord 96-13)
No legal action intended to contest the
formation of the district or the reimbursement fee,
including the amount of the charge designated for
each parcel, shall be filed after 60 days following
adoption of a resolution establishing a
reimbursement district. (Ord. 94-10)
13.09.105 Final Public Hearing
(1) Within three months after completion
and acceptance of the improvements, the applicant
shall submit to the City Engineer the actual cost of
the improvements as evidenced by receipts,
invoices or other similar documents. The City
Engineer shall review the actual costs and shall
prepare a written report for the City Council
recommending revisions to the report prepared
under 13.09.030.
(2) The final cost shall not exceed by more
than 10% the cost estimated at the time of
reimbursement district formation unless an
exception is approved by the City Council. An
exception may be approved only if the applicant
can show legitimate circumstances beyond the
control of the applicant which cause the cost
increase.
(3) Within a reasonable time after the City
Engineer has completed the report required in
subsection (1), the City Council shall hold an
informational public hearing in which any person
shall be given the opportunity to comment on the
recommended revisions.
13.09.110 Obligation to Pay
Reimbursement Fee
(1) The applicant for a permit related to
property within any reimbursement district shall
pay the City, in addition to any other applicable
fees and charges, the reimbursement fee
established by the Council, if within the time
specified in the resolution establishing the district,
the person applies for and receives approval from
the City for any of the following activities:
building;
(a) A building permit for a new
(b) Building permit(s) for any
addition(s), modification(s), repair(s) or
alteration(s) of a building, which exceed twenty-
five percent (25%) of the value of the building
within any 12-month period. The value of the
building shall be the amount shown on the most
current records of the County Department of
Assessment and Taxation for the building's real
market value. This paragraph shall not apply to
repairs made necessary due to damage or
destruction by fire or other natural disaster;
(c) Any alteration, modification or
change in the use of real property, which increases
the number of parking spaces required under the
Tigard Community Development code in effect at
the time of permit application;
(d) Connection to or use of a water
improvement, if the reimbursement district is
13-09-5 Rev. 04109196
TIGARD MUNICIPAL CODE
based on the water improvement;
(e) Connection to or use of a sewer
improvement, if the reimbursement district is
based on the sewer improvement;
(f) Connection to or use of a street
improvement, if the reimbursement district is
based on the street improvement.
(2) The City's determination of who shall
pay the reimbursement fee is final. Neither the
City nor any officer or employee of the City shall
be liable for payment of any reimbursement fee or
portion thereof as a result of this determination.
(3) A permit applicant whose property is
subject to payment of a reimbursement fee
receives a benefit from the construction of street
improvements, regardless of whether access is
taken or provided directly onto such street at any
time. Nothing in this ordinance is intended to
modify or limit the authority of the City to
provide or require access management.
(4) No person shall be required to pay the
reimbursement fee on an application or upon
property for which the reimbursement fee has
been previously paid, unless such payment was
for a different type of improvement. No permit
shall be issued for any of the activities listed in
subsection 13.09.1 10(l) unless the reimbursement
fee has been paid in full. Where approval is given
as specified in subsection 13.09.110(1), but no
permit is requested or issued, then the requirement
to pay the reimbursement fee lapses if the
underlying approval lapses.
(5) The date when the right of
reimbursement ends shall not extend beyond
fifteen years from the district formation date.
(Ord. 96-13; Ord. 94-10)
13.09.115 Annual Fee Adjustment
The City Council may grant an annual fee
adjustment at the time of application for formation
of a reimbursement district as provided in this
section.
(1) An annual fee adjustment shall be
applied to the reimbursement fee beginning on the
first anniversary of the date of the reimbursement
agreement as a return on the investment for the
person or the City. The annual fee adjustment
shall be fixed and computed against the
reimbursement fee as simple interest and will not
compound. The amount of the fee adjustment
shall be determined at the time that a district is
formed and shall be the same each year.
(2) Each fiscal year, the Finance Director
shall recommend to the City Council an interest
rate to be used in determining the annual fee
adjustment for reimbursement districts. The City
Council shall consider the recommendation of the
Finance Director and shall adopt an interest rate to
be used in determining the annual fee adjustment.
The interest rate adopted by the City Council shall
be applied to all reimbursement districts formed
during the fiscal year, for which annual fee
adjustments are approved. (Ord. 96-13)
13.09.120 Administration
(1) The right of reimbursement is assignable
and transferable after written notice is delivered to
the City, advising the City to whom future
payments are to be made.
(2) The City shall establish separate
accounts for each reimbursement district. Upon
receipt of a reimbursement fee, the City shall
cause a record to be made of that property's
payment and remit the fee to the person who
requested establishment of the reimbursement
district or their assignee.
13-09-6 Rev. 04109196
TIGARD MUNICIPAL CODE
(3) The reimbursement fee is not intended
to replace or limit, and is in addition to, any other
existing fees or charges collected by the City.
(Ord. 94-10)
13-09-7 Rev. 04109196
Attachment B
Evolution of Chapter 13.09 Through Past Council Actions
The City Council established the first two "zones of benefit" in 1992 through TMC Chapter
13.08, Street Sewer and Water Improvements. The zones were formed so the City could
recover the costs of sewers constructed as part of improvements to SW McDonald Street
and SW Bonita Road. Over the following two years, two additional zones of benefit were
established through Chapter 13.08. Both of these districts w°re established at the request of
a developer to recover the cost of constructing sewers for a development that could also
serve lots outside the development owned by others.
On May 10, 1994, Council approved Ordinance No. 94-10, repealing TMC Chapter 13.08,
Street Sewer and Water Improvements and adding Chapter 13.09, Reimbursement Districts.
Two reimbursement districts, both for privately constructed sewers, were established during
that year.
Council initiated the Neighborhood Sewer Extension Program on June 13, 1995, by
authorizing the recovery of the costs of the sewer extensions through Reimbursement
Districts established in accordance with TMC Chapter 13.09. Council revised TMC
Chapter 13.09 on April 9, 1996, through Ordinance 96-13. Paragraph 13.09.020(1) now
provides that if a Reimbursement District is formed for the benefit of a private developer,
the "improvements must include improvements in addition to or in size greater than those,
which would otherwise ordinarily be required in connection with an application for permit
approval."
For example: If an owner is required to extend a sewer for the approval of a minor land
partition, the sewer could not be included in a reimbursement district. Consequently, if the
sewer could serve lots owned by others, those owners would be able to connect to the sewer
without reimbursing the owner of the partition who constructed the sewer. However, if that
same owner extended the sewer without applying for a minor land partition, the sewer could
be included in a reimbursement district and the other owners who connected to the sewer
would have to reimburse the owner
Since enactment of Ordinance 96-13, Council has approved the formation of twelve
reimbursement districts. Each of these districts was established through either the
Commercial Area or Neighborhood Sewer Extension Program. Although the ordinance
retained provisions for the formation of other types of reimbursement districts, no other
request to establish a reimbursement district has been received.
The next anticipated request for Council action will be for direction on a plan to extend
sewer service throughout the City through the Neighborhood Sewer Extension Program.
Among other issues, Council will be requested to provide direction on incentives intended to
encourage owners in reimbursement districts to promptly connect to the sewer once it is
available. The selected incentives could be implemented through a resolution and need not
be included in Chapter 13.09.
1:\Eng\Gus\Word Documents\Attachment B - Past Council Actions
AGENDA ITEM # 1
_
FOR AGENDA OF 5-15-01
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE CI'T'Y ATTORNEY RATE INCREASE REQUEST
PREPARED BY: William A. Monahan DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City Council approve a rate increase proposed by the City Attorney, Ramis Crew Corrigan and
Bachrach.
STAFF RECOMMENDATION[
Staff recommends that the City Council approve the rate increase proposed by the City Attorney, effective July 1,
2001.
INFO MATION SUMMARY
The City Attorney contract signed in December 2000 did not propose a rate increase over those accepted by City
Council in 1997. The contract provided that rates would be reviewed during the City's budget cycle. City Attorney
Tim Ramis provided a letter on March 16, 2001, requesting a rate increase. Staff has analyzed the request and the
potential impact on cost and service. Based upon that review, staff recommends approval of the increase.
OTHER ALTERNATIVES CONSIDERED
Deny the request.
VISION TASK FORCE GDAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
1. March 16, 2001, letter from Tim Ramis.
2. March 19, 2001, memo from Bill Monahan to Craig Prosser.
3. Memo to Council analyzing the request.
I
:UD.VYMV COUNCIL%COUNCIL AGENDA ITEM SLWMARIESNCITY ATTORNEY RATE INCREASE.DOC
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor and ' Council Members
FROM: Bill Monahan
DATE: May 8, 2004.
SUBJECT: City Attorney Request for Rate Increase
Our City Attorneys have requested a rate increase for the coming year. The rates that are
now in place were approved by the City Council in a Personal Services Contract signed on
December 9, 1997, effective January 1, 1998. The rates now in place are:
Partners, of Counsel $ 135.00
Senior Associates 125.00
Associates 115.00
Law Clerks, Legal Assistants 70.00
Secretarial 45.00
The History of City Attorney Rates
Effective
Effective
Effective
Effective
1981
1990
1994
1 /01 /98
Tim Ramis + Senior Partners
$ 65.00
$ 75.00
$ 125.00*
$ 135.00
Partners
65.00
75.00
110.00*
135.00
Special Counsel
-
110.00*
125.00
Senior Associate
50.00
65.00
110.00*
125.00
Associates
50.00
65.00
90.00*
115.00
Law Clerks/Legal Assistants
30.00
55.00
65.00
70.00
Secretarial
_u
-
a . F1 a n
45.00
nn
*Attorneys at all hearings (City Councu, running Uumn usswi i) wci u ial u- as v, 1
Source: October 14, 1997, Analysis. Information presented to Council when the present rates were
under consideration.
Proposed New Ra
tes
Partners, of Counsel
$ 150.00
Senior Associates
140.00
Associates
130.00
Law Clerks, Legal
Assistants
75.00
Secretarial
50.00
In order that the Council can evaluate the impact of the rate increase on the amount of
service to be received, or on the budget, staff has prepared an analysis of billings for a
twelve-month period, January 2000 to January 2001. A copy of the analysis, prepared by
our Finance Department based on bills paid, is attached. The analysis shows distribution
of labor as follows:
Hours
Attorneys
1,434
Law Clerks, Legal Assistants
343
Secretarial
107.8
Misc. Expenses
- - -
TOTALS
1,884.8
The proposed budget contains $154,500 for City Attorney services, distributed throughout
the various department budgets. Based upon the trends for City Attorney billings through
March 31, 2001, we consider the proposed budget to be reasonable. While the fiscal year
2000-2001 budget was $252,298, a total of $171,000 is for general government (the
remainder is for the Dartmouth LID ($12,753.) and 69th Avenue LID ($68,545.))
The following table shows the potential impact of a rate increase on the services to be
delivered, based on the distribution of labor experienced from January 2000-2001.
Attorneys
Law Clerks, Legal Assistants
Secretarial
Misc. Expenses
TOTALS
% of Avg. Cost
Cim Total Cost Per Hour
$ 178,545.59 83.0 $ 124.50
23,960.50 11.1 70.00
4,599.00 2.1 45.00
8.232.13 3.8
$ 215,337.22
% of
Allocation of
Total Cost $154.500
83.0
128,235.00
11.1
17,149.50
2.1
3,244.50
M
5.8 1.00
100.0
$154,500.00
Based on
Based on
Existing Rates
Proposed Rates
Hours of Service
Hours of Service
1,030
919*
245
229
72
65
1,347 1,213
'The average charge per hour under the old rates was $124.50, almost equal to the mid-level attorney
rate, $125 for senior associates. Although not totally scientific, I assumed the average cost under the
proposed rate would be $139.50, just below the senior associate rate.
The net impact of the proposed rate increase is a reduction in hours of service (from 1,347
to 1,213) of approximately 134 total hours or 111 hours of attorney service. If the new
rates are approved and the demand for service remains constant, I estimate that the
budget needs to be increased from $154,500 to $169,946, slightly less than the general
budget allocation for the present fiscal year.
Calculation of Cost Based on New Rates
Hours
Eate
-Q-Q2
Attorneys
1,030
X
$139.50
$ 143,685
Law Clerks, Legal Assistants
245
X
70.00
17,150
Secretarial
72
X
45.00
3,240
Misc. Expenses
0
X
-
5.871
TOTAL
$ 169,946
Council should give direction whether a rate increase should be approved.
acts
MDWILLWEMOMFTY ATTORNEY RATE INCREASE.DOC
Co U') OOOr 0(D 000
U) O C10 U) U) CM U) O O h
U) 00 M @M O O W rq.4 P- t-
O O W M N O r O r
d O M r lf) (D Ln O ti N V;
LL U) 1- tz O U) 00 00 M r- N
CA r r r
R
O
rOd
O
N
OM O (OOON
O
M
tip(p
OO~t' 0) r
MN O MO
In
4 N N
r n O ti CA C7i C:) O 00 Oi 4
co M M
CA t- N co co N U) 00 1"
co 00
O
Cn CT U)
r-
r r
et
IT O N M N U)
00 a. r r cd P o) U) .1i vi In
r r r
N
N
1•
M
M
117
N
N-)
t`Nrd rOC•Mrr00 It I'- ti N~t.mO r- m"wN"T O
y N (D 00 r U) ti r C 00 00 L6 O (D ti (0 O 4 r 00 00 N (D C1
L to (D CA t` ti (D O O) r f• O) O to t- 00 't M M LD
r r r
O
00
r
L
t
If)
L ~ L
Y
.z
C
m
U U '
C ~ E
a)
O
J m m
m E
0UY
U
O U) O to O r
O
(D
N
r
N
t
(D
d' W M O O
00 ti (n m
N
C)
O N 14,
~t O (D
rM
W X
U~ U) M O O D
O
O
4 ,
N
N
co
Lo m o C) rn
h
~
O
O
r;
o) C O O v
L6
'
CV)
r .
co 1
M
U co
d
Z
N O tl- O O
co
'7
d
N
U)
O
ti
U) (M 1 1 0
m U7 U)
T
N
co N
N
U
r r N N M
N
69
W U o
U
611
W
J
V
co i
O O O O O O O O O
to O O U) O O O In II')
O O O
W) O O
0 0 0 C) 0 0 C) 0 0 0 C)
O U) O O O O O U) O O U)
O
O
J O=
vNv600 ' toO6ti
Or t`
rCD0t-rO)OOrt`r,
M N co ti O h t- M w N ' CO
O
Ul)
U
CO CO -t N C)) r- OO N co
~ 00 r
r
U) N M M N N
-or
E9
611
Efl
W
J to
r CC) N O O Cif d' 1- 0
0) co CD
O r O N ti (O ct U) O CD ti
00
U m
`~MMd'~ M (Dr
Or(V
rlf) `-oM(.6vi pr
o
j t,~
O
r
r
=
t- O O O O O O O O O O
T = O O C)M 0 0 0 0 CDC),
W •-O MLO 00ti(3)Or006 06
(ll t- N N D) M O t- r %r U) 't
uq~ (D U7 ~ O (D - t` 00 C) co
J~ p r 1 r r r
0 69 E!)
W ` C11 U) q* U) t- r N d t- 'ct
J m = oti11 orO(6 Mcfl
O N N r N 1 N
F =
L
L U)
c L - v L
U.) L O In
'cr U) Eg * U e5 E
Efl T E9 m 69 V'
N 9 N N i 611
-0 o
41) c a: d d CO co (0 T t
(LO I C .C (n
U L O U c
f0 ILO C6 C (0
75 (n (n LL
L
L
~
L
~ L
t p : t
W
p
L
O co
O ti
L
0 Co 0
p
0 0 0 0 0 0 0 0 0 0 0
CD O
ti t p t
451
O O O
0 0 0 0 0 0 O O O O O Q
611 CD 611 O t- O
O 00 4
l() r m vi rn M N C) O It m
(D It N N N 1 0 J
L~ 611 i.. tien. F-
a CD CD 611 N E9
C> N 00
r 00 ~t
O M r ti
N N M 00 d' O O H d• 1` (O Q
C mn Fn T L
.
a)
(y r
r r r 1 N 0
O
a
0) a) c
_
m
N
•
C
Y J
t =
U
(a=
M 0) U)
U) M OO U7 1l- O CO (O CO N U') Cl
U Ito OL C co
i
O r
C'7 r N
M M 00 N (O 'Id- "t O M M
r r r r M
TO " L ILO (Cf (p ca -E'
Cn (n tL Q U
i
0 0 0 0 0 0 0 0 0 0
U) U) U) U) U) U) 0 0 U) O
O O O
O O O
0 0 0 0 0
CA 0 00 00
U) O U7 O U) O O m O O O
M
M U) N N M CO LO CA r M
to N M Cl) N LO 1 0) O U)
N co 'IT
O N N
M L6 CO M ti d• ti O CO 4 zt
O co co ti O h O to It co
d'
(n
m to
W (n
O d l1) O CO O r r CA O
U) d- U) 0) 1- r` 1- U) O
N O N
U7 'It O
co U) O m W N M 00 O r Q)
(O 06 CA CA V- (O co 4 N M 4
ti
r r
r
r
CU In
Z4
O r
r
69
co
ti r U) U) O t.: N (O N O
ti O
N N co
M M 4
ti M r (D M ~t N MIt CO d:
1 0 0 ~ O O t_ 6 4 6 O
O
V
co
(
M M CO r N CO 1- CD
M M d• ti m U) U) O It O
C\l t.-
m t- M U) CO M N N d'
Mo
6 =
FO- =O
r
0
(D
Z N
O
C) C~ 0 0 0 0 0 0 0 0
0 0
O O
O O O O O O O O O r 0 C> CD C) a CD CD C:)
N
a
V)
f z
O N O N O N O N N N
N N
C) 0 0
O N
N N h O N N N N
N
Cl)
N
O
V)O Q
N _
_ N 1
M ~N
Mu cM - >
N O N
ON
_
r O N - O r
MlfiMlt)M- UCY) ~M
O ('C
?
:
,
~
r
n m
Z c m
>
Q
F
oS
C)
+
cc
c co m
cu -3 4) LL C"L 2 2
c
71 75
o
0 (1) 0 Cc
v
O
C
N
w
O C) O O O O CD Op C) CD
CD
00000 0o
p? O
C)
O O O p Op 0 0 0 0 C)
(DC DC) o OpoO`-o
CU
C~
m
Z U
0
O N O N O N Op N N N
CV
CV
O O N
N
N N N O N N N N N O N
D 04
CV
0:
CD N - D
CO
N t0
r r
N
CO
tD - CD - (
(O - O
r r r 1 1 r
1 r r
O
Z
1 r 1 r r
C C .D O L L T
Cy (o m
(A m p
C_
_
r r
CO) o. d .r U U C C
= m a) U U o o a) a) m m
a '
_
(o m
- -5 LL LL22QQ~2
= _
-)-5~
Q(j(nooZZOO-)~
L
L
L
~ L L L L
t L t C
(f3 N O L
r r lf) r r
7 N Za E9
O .C. O d) fm6
C~ L
U aa))-rCa ca
~v(Dm°- E~
.0 Ca
E CU
O
O E m (p c--
<
I~
d
E
L
L L .C
t L L t L Q
M.
co LO LO
M co t - to V).'
1 In 09, N
r C
tC6 E!9
m V) d ~ m N .
E a 3 a) 0 0
~j 0 o h U
U U ~
cn U-
l6 O C E N
Ul-o(n~t~U
LU
Z
w
O
a
M 1;: ~J ~UU 7
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Craig Prosser
FROM: Bill Monaha
DATE: March 19, 2061
SUBJECT: Proposed Increase in City Attorney Rates - Submitted by the Ramis Firm
Attached is a letter submitted by Gary Firestone of the Ramis firm proposing an increase in
City Attorney fees. As Gary properly points out, the personal services contract between the
City and the firm provides that the rates shall be reviewed during the City's budget cycle.
Please incorporate the proposed rate review in the materials which we will provide to the
Council during the budget cycle. In addition, please have your staff prepare an analysis of
the costs of City Attorney services in 1998, 1999, and 2000. The review should show the
actual cost of attorney services as well as the number of hours of service received by the
City in each of the distinct categories. There are five categories from Secretarial at $45 per
hour to Partners, of Counsel at $135 per hour. Please note that the new proposal calls for
a rate increase in each of the five categories.
It would be interesting to see how the legal fees for either each of the three past years or
the year 2000 were utilized by attorneys. That is, is it possible to prepare a chart showing
the number of hours of service received from each individual attorney? If not by attorney,
could we show it by the five categories (Secretarial to Partners).
Assuming that the City continues to demand services at the same level and utilizing the
same level of staff as in the past, please project what these proposed rates would mean in
terms of total cost if approved by the Council.
Please let me know if your have any questions regarding my request. Thank YOU for your
assistance.
att
I WDMOBILLWEMOSXPROPOSED ATTORNEY RATE INCREASE DOC
H
RAMIS
CREW
CORRIGAN &
ATTORNEYS AT LAW
1727 N.W. Hoyt Street
Portland, Oregon 97209
(503) 222-4402
Fax: (503) 243-2944
JEFF H. BACHRACH
JOHN C. CALDWELL
CHARLES E. CORRIGAN'
STEPHEN F. CREW
HEIDI T. DECKER'..
MARTIN C. DOLAN
WILLIAM E. GAAR'
DAVID H. GRIGGS
DANA L. KRAWCZUK
SUE-DEL M~CULLOCH
TODD W. O'BRIEN""
T. CHAD PLASTER'
TIMOTHY V. RAMIS
PAUL D. SCHULa
WILLIAM J. STALNAKER
NANCY S. TAUMAN
NELSON L. WALKER
DOMINIC G. COLLETTA"
GARY FIRE STONE'
JOHN R. M.CULLOCH, JR.
OF COUNSEL
SALEM OFFICE
21 Oaks Office Building
525 Glen Creek Rd.. NW
Suite 300
Salem, Oregon 97304
(503) 363-9604
Fax: (503) 363-9626
OREGON CITY OFFICE
Practicing as
HIBBARD CALDWELL
SCHULTZ RAMIS
& CREW
1001 Molalla Ave., Suite 20C
P.O. Box 1960
Oregon City, Oregon 97045
(503) 656-5200
Fax: (503) 656-0125
William A. Monahan
City Manager
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223-8199
March 16, 2001
Re: Rates for Attorney Services
Dear Bill:
RECEIVED C.O.T.
MAR 19 2001
Administrdon
As you know, Tim Ramis is out of town. In his absence, he has
asked me to inform you of the rate structure we propose for its legal work
for the City of Tigard.
The personal services contract between the City and this firm
provides that the rates shall be reviewed during the City's budget cycle.
The City is now in the budget cycle, and we propose that the rates be
increased as follows:
Current Rates Proposed Rates
Partners, Of Counsel $135.00 $150.00
Senior Associates $125.00 $140.00
Associates $115.00 $130.00
Law Clerks, Legal Assistants $70.00 $75.00
Secretarial $45.00 $50.00
Most of the current rates have been in effect since 1997. During the period
since 1997, the hourly rates charged by attorneys in the Portland area have
risen substantially. We believe that our proposed increase, which is
*A 1.... A,4m;-.t'rn Prarrire In Washineton "Also Admitted To Practice In California
***Also Admitted to Practice in Utah
to Practice in New Jersey
RAMIS
CREW
CORRIGAN &
BACHRACH I i P -
William A. Monahan
March 16, 2001
Page 2
approximately three percent per year,' is reasonable and below the average increase in the cost of
legal services since 1997. Our costs have risen substantially since 1997. The cost of employee
benefits, utility services, supplies, and equipment all continue to rise.
The increase in 1997 was also a relatively small increase ($10 to $15, depending on the
category) over the rates that had been in effect since 1994. This is only our second request for an
increase since 1994.
The rates we propose remain a substantial discount off the regular rates we charge our
clients. We appreciate the City as a good client and offer rates that are well below those paid by
our private clients.
If you have any questions or comments, please let me know.
Sincerel ,
Gary firestone
G:\gf f\Ti gard\ra1cs.wpd
'The rate of increase for each category is different. The partner/special counsel category
rate increase is a little over 3 percent.
r
April 10, 2001
Attached for Council review...
City Manager's Contract
Code Provisions - City Manager (Charter and Chapter 2)
TIGARD MUNICIPAL CODE
Chapter IV
COUNCIL
the vote entered in the journal.
Section 16. PROCEEDINGS TO BE PUBLIC.
Section 13. MEETINGS.
The Council shall hold a regular meeting at
least once each month in the City at a time and at
a place which it designates. It shall adopt rules
for government of its members and proceedings.
The Mayor upon his own motion may, or at the
request of three members of the Council shall, by
giving notice thereof to all members of the
Council then in the City, call a special meeting of
the Council. In the event of the physical absence
of the Mayor from the City, the Council President
shall be empowered to call special Council
meetings in the same manner as the Mayor may
call such. meetings.
Special meetings of the Council may also be
held at anytime by the common consent of all
members of the Council or by the delivery of a
request for a special meeting, signed by a majority
of Council members, and delivered to the City
Recorder and to remaining Council members and
the Mayor, if they are then in the City. All
meetings of the City Council shall conform to
notice requirements consistent with state law.
(Measure 53, November 5,1985 election: Measure
59, May 18,1982 election).
Section 14. QUORUM.
A majority of members of the council shall
constitute a quorum for its business, but a smaller
number may meet and compel the attendance of
absent members in a manner provided by
ordinance.
Section 15. JOURNAL.
The Council shall cause a journal of its
proceedings to be kept. Upon the request of any
of its members the ayes and nays upon any
question before it shall be taken, and a record of
No action by the council shall have legal
effect unless the motion for the action by the
council vote by which it is disposed of take place
at proceedings open to the public.
Section 17. MAYOR'S FUNCTIONS AT
COUNCIL MEETINGS.
The mayor shall be chair of the council and
preside over its deliberations. The Mayor shall
have a vote on all questions brought before the
council. (Measure 3458, November 5, 1996
election, Res. 96-53).
Section 18. PRESIDENT OF THE COUNCIL.
At its first meeting of each odd numbered
year, the council by ballot shall choose a president
from its membership. In the mayor's absence
from a council meeting the president shall
perform the duties of the office of mayor and
preside over it. Whenever the mayor is physically
or mentally unable to perform the functions of
office, the president shall act as the mayor pro
tem. Should the president of the Council vacate
the Council office he or she holds, the Council, by
ballot, shall choose from its membership a person
to act as president of the Council until the next
president of the Council is chosen pursuant to this
Section. (Measure 34-88, November 3, 1998
election, Res. 98-46; Measure 54, May 18, 1982
election).
Section 19. VOTE REQUIRED.
Except as this Charter otherwise provides,
the concurrence of a majority of the members of
the Council present and voting, when a quorum
of the Council is present, at a Council meeting
shall be necessary to decide any question before
the Council. (Measure 54, November 5, 1985
election).
C-3 SE/Code Update: 01/00
TIGARD MUNICIPAL CODE
Chapter V
POWERS AND DUTIES OF OFFICERS
Section 20. MAYOR.
The Mayor shall appoint the committees
provided by the rules of the Council. The Mayor
shall sign all approved records of proceedings of
the Council and countersign all orders on the
treasury. The Mayor shall have no veto power
and shall authenticate by signature all ordinances
passed by the Council after being enacted. After
the Council approves a bond of a City Officer or a
bond for a license. contract, or proposal, the
Mayor shall authenticate the bond by
endorsement thereon. (Measure 55, November 5,
1985 election).
the council;
(d) See that all terms of franchises,
leases, contracts, permits, and privileges granted
by the city are fulfilled;
(e) Appoint, discipline and remove
appointive personnel, except appointees of the
mayor or council;
(f) Supervise and control the
managers appointees in their service to the city;
(g) Organize and reorganize the
departmental structure of city government;
(h) Prepare and transmit to the council
an annual city budget;
Section 20A. CITY MANAGER
(1) The city manager shall be the
administrative head of the government of the city.
The office of city manager shall be filled by
appointment of the city council. The manager
shall be the chief administrative officer of the city,
and as such shall be chosen solely on the basis of
administrative qualifications and experience,
without regard to political considerations.
Appointment and removal of the manager by the
council shall require the prior consent of a
majority of the full council recorded at a public
meeting. The city manager shall serve at the
pleasure of the council, and cause shall not be
required for termination.
(2) The manager shall:
(a) Attend all council meetings unless
excused by the council or mayor;
(b) Keep the council advised of the
affairs of the needs of the city;
(c) See that the provisions of all
ordinances are administered to the satisfaction of
(i) Supervise city contracts;
0) Supervise operation of all city-
owned public utilities and property; and
(k) Perform other duties as the council
prescribes consistently with this charter. (Measure
34-58, November 5,1996 election, Res. 96-53).
Section 21. MUNICIPAL JUDGE.
The municipal judge shall be the judicial
officer of the City. The judge shall hold within the
City a court known as the Municipal Court for the
City of Tigard, Washington County, Oregon. The
court shall be open for the transaction of judicial
business at times specified by the municipal
judge. All areas within the City shall be within
the territorial jurisdiction of the court. The
municipal judge shall exercise original and
exclusive jurisdiction of all crimes and offenses
defined and made punishable by ordinances of
the City and of all actions brought to recover or
enforce forfeitures or penalties defined or
authorized by ordinances of the City or as
otherwise provided by state law. The judge shall
have authority to issue process for the arrest of
C4 SEICode Update: 01/00
TIGARD MUNICIPAL CODE
Title . ADMINISTRATION AND
PERSONNEL
Chapters:
2.04
CITY ADMINISTRATOR
2.06
RESIDENCY REQUIREMENTS.
2.08
PLANNING COMMISSION.
2.09
BUILDING APPEALS BOARD
2.12
PARK AND RECREATION BOARD.
2.16
MUNICIPAL COURT.
2.20
JURY TRIAL*.
2.24
CRIMINAL PROCEDURE.
2.26
WITNESSES*.
2.28
POLICE RESERVE.
2.30
POLICE DEPARTMENT
2.32
JAIL*.
2.36
PUBLIC LIBRARY*.
2.40
NOMINATING PROCEDURE.
2.44
CITY COUNCIL*.
2.46
LOCAL CONTRACT REVIEW
BOARD.
2.48
CITY RECORDS.
2.52
ABANDONED, FOUND, SEIZED AND
STOLEN PROPERTY.
2.56
RECORDER.
2.58
FINANCE OFFICER.
2.60
CITY ATTORNEY.
2.64
CITY CENTER DEVELOPMENT
AGENCY.
Chapter 2.04. CITY ADMINISTRATOR
2.04.010 Office established.
2.04.020 Appointment and removal.
2.04.030 Salary.
2.04.040 Duties.
2.04.010 Office established.
Pursuant to Chapter III of the Charter of
the city of Tigard, there is established the office of
city administrator of the city of Tigard, Oregon.
(Ord. 65-29 §1,1965).
2.04.020 Appointment and removal.
consent of the city council. The administrator
shall be the chief administrative officer of the city,
and as such shall be chosen solely on the basis of
administrative qualifications and experience,
without regard to political considerations.
Appointment and removal of the city
administrator by the mayor shall require the prior
consent of a majority of the full council recorded
at a public meeting. The city administrator shall
serve at the pleasure of the mayor and the city
council, and cause shall not be required for
termination. (Ord. 86-11 §l, 1986: Ord. 84-06 §l,
1984: Ord. 65-29 §2,1965).
2.04.030 Salary.
The compensation for the services of the
city administrator shall be an amount fixed by
action of the city council by resolution. (Ord. 65-29
§3,1965).
2.04.040 Duties.
The city administrator shall:
(1) Exercise control and supervision
of aL activities, departments and offices of city
government, except the office of municipal judge
and the office of city attorney, and shall interview,
select and recommend to the mayor and council
all applicants proposed for appointment to city
offices, and make recommendations to the mayor
and council concerning the replacement of any
city appointive officer, other than the mayor and
councilmen, and shall have authority to appoint to
and remove from established positions,
subordinate employees of the city; provided,
however, that department heads shall be
appointed and removed after consultation with
the mayor and council; and cause shall not be
required for termination of department heads;
(2) Be the chief budget and fiscal
officer of the city and shall perform the functions
of budget officer as prescribed by the Local
Budget Law of Oregon (Chapter 294 ORS);
The office of city administrator shall be
filled by appointment by the mayor with the
2-04-1 Reformatted 1994
TIGARD MUNICIPAL CODE
(3) Supervise the administration, and
be responsible for the enforcement of all laws and
ordinances in effect within the city; and shall
administer and enforce the policies, rules,
procedures and resolutions duly adopted by the
mayor and council; shall make such
recommendations to the mayor and council
concerning the affairs of the city as the
administrator may deem desirable;
(4) Be the chief purchasing and
business agent with respect to all departments of
the city;
(5) Prepare and submit to the mayor
and council financial and activity reports with
respect to each of the city departments, not less
than monthly, and shall prepare and submit to the
mayor and council such other reports as may be
required or desirable concerning city affairs;
(6) Make available to the public
usual and customary information concerning the
operations of the city government;
(7) Perform such other and further
duties as from time to time may be directed to be
performed by resolution or motion of the city. council. (Ord. 86-11 §2, 1986; Ord. 85-05 §18,1985;
Ord. 81-52 §l, 1981: Ord. 72-25 §l, 1972; Ord. 65-
29 §4,1965).0
2.042 Reformatted 1994
AN EMPLOYMENT AGREEMENT
6~
THIS EMPLOYMENT AGREEMENT, made and entered into this 10`h day of July, y
and between the CITY OF TIGARD, OREGON, hereinafter referred to as "CITY," and
WILLIAM A. MONAHAN, hereinafter referred to as "EMPLOYEE."
WITNESSETH:
WHEREAS, the CITY and EMPLOYEE desire a written agreement creating a
professional and business-like relationship serving as a basis for effective communication and to
avoid misunderstanding; and,
WHEREAS, by not having to worry about personal finances or family security, the
EMPLOYEE can effectively concentrate on the CITY'S business;
THEREFORE, in consideration of mutual covenants herein contained and for
consideration herein specified, the CITY and EMPLOYEE mutually agree:
SECTION I - EMPLOYMENT, DUTIES AND AUTHORITY: The CITY has
agreed to employ William A. Monahan as City Manager. The EMPLOYEE agreed to accept
said employment as City Administrator initially on November 15, 1994. Prior to that date,
EMPLOYEE provided services to the CITY from August 2, 1982 to January 31, 1988, and from
August 1, 1994 to November 14, 1994. EMPLOYEE'S prior service shall be recognized in
CITY records to establish EMPLOYEE'S years of service for length of service only.
EMPLOYMENT AGREEMENT- WILLIAM MONAHAN
PAGE I
The authority of EMPLOYEE, consistent with State law, City Charter or ordinance, shall
include, but not be limited to the following: the overall management, administration, and
direction of City operations; the hiring, disciplining, and firing of all City employees, except
Municipal Judge and City Attorney; the negotiation, execution and administration of City
contracts within budget appropriations pursuant to City policy and ordinance; policy advice to
elected officials, and open communication with the community so as to foster responsive and
courteous public service. Any reduction or revocation of either the duties or authority, except by
mutual written agreement to the contrary, shall constitute a breach of this AGREEMENT.
The Mayor and Council agree to the principle of non-interference in the administration as
necessary to the orderly and efficient implementation of Council Policy. The Mayor and Council
agree to direct their concerns and communications to the administration through the City
Manager. The EMPLOYEE agrees to respond promptly to all inquiries from the Council
whether made individually or collectively.
SECTION 2 - TERM: The term of this AGREEMENT began on February 10, 1998
and shall continue until May 15, 2002.
A. Nothing in the AGREEMENT shall prevent, limit, or otherwise interfere with the
right of the City Council to terminate the services of Employee at any time, subject only to the
provisions set forth in this AGREEMENT.
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 2
B. Nothing in this AGREEMENT shall prevent, limit or otherwise interfere with the
right of the EMPLOYEE to resign at any time from his position with the CITY, subject only to
the provisions set forth in this AGREEMENT.
C. EMPLOYEE agrees to remain in the exclusive employ of the CITY during the
term of this AGREEMENT, neither to accept, nor to become employed by any other employer
until said contract termination date, unless said termination is effected as hereinafter provided.
The term "employed" shall not be construed to include occasional teaching or consulting on the
EMPLOYEE'S time off, which shall be at the EMPLOYEE'S discretion upon advisement to the
Mayor.
SECTION 3 - TERMINATION AND SEVERANCE:
A. Termination Without Cause. This AGREEMENT may be terminated by either
the CITY or EMPLOYEE for any reason whatsoever upon the giving of sixty (60) days' written
notice to the other party.
B. Termination For Cause. In the event of a For-Cause Termination, this
AGREEMENT shall not be deemed to construe any waiver or rights or remedy available to the
EMPLOYEE. This AGREEMENT may be terminated immediately For-Cause in the sole
discretion of the City upon the occurrence of any of the following events:
(1) EMPLOYEE willfully and continuously fails or refuses to comply with
the policies, standards, and regulations of the CITY as are, from time to time, established;
EMPLOYMENT AGREEMENT- WILLIAM MONAHAN
PAGE 3
(2) EMPLOYEE shall be guilty of fraud, dishonesty, misappropriation of
funds, embezzlement, or other act of misconduct in the rendering of services on behalf of the
CITY;
(3) EMPLOYEE shall fail or refuse to perform faithfully or diligently any of
the provisions of this AGREEMENT;
(4) EMPLOYEE shall be found unfit for the position per Federal, State and
City rules and regulations applicable to all employees in a For-Cause Termination.
C. Not-For-Cause Termination. In the event EMPLOYEE is involuntarily
terminated Not-for-Cause by the City Council before expiration of the term of employment and
during such time as the EMPLOYEE is willing and able to perform the assigned duties, then in
that event the CITY agrees to pay EMPLOYEE on a monthly basis and at the EMPLOYEE'S
highest rate of base salary during his term of CITY employment, for a six (6) month period.
Monthly severance payments by CITY shall cease if prior to or during the period of the above
scheduled payments, EMPLOYEE accepts employment with another City, or another employer,
including self-employment. EMPLOYEE has an affirmative obligation to notify the City upon
acceptance of employment. However, if EMPLOYEE is terminated For-Cause per Section 3B of
this AGREEMENT or convicted of any illegal act involving personal gain to him, then CITY
shall have no obligation to pay the severance pay.
D. If the CITY reduces the salary or other financial benefits of EMPLOYEE in a
greater percentage than an applicable across-the-board reduction for all management employees
of the City, or if the CITY refuses following written notice requesting compliance with any other
provision benefiting EMPLOYEE herein, or if EMPLOYEE resigns following suggestion at a
EMPLOYMENT AGREEMENT- WILLIAM MONAHAN
PAGE 4
public meeting, whether formal or informal, by a majority of the City Council that he resign,
then the EMPLOYEE may, at his option, deem the AGREEMENT to be involuntarily terminated
without cause at the date of such reduction or refusal to comply with the meaning and context of
this AGREEMENT, and the severance pay provision under Paragraph C of this section apply.
Termination or resignation in good standing shall entitle EMPLOYEE to a lump sum payment
equivalent to all accrued vacation and other entitlement benefits, except that in no event will
these benefits exceed similar benefits accorded other management employees.
E. If EMPLOYEE voluntarily resigns his position with the CITY before expiration
of said term of employment, then EMPLOYEE shall give the CITY at -least sixty (60) days'
written notice in advance, excluding use of accrued vacation, and EMPLOYEE shall be present
to serve during the period. The City Council shall have the discretion whether EMPLOYEE
shall continue in his position during this notice period.
SECTION 4 - SALARY, HOURS OF WORK, VACATION AND SICK LEAVE:
A. Saia. The CITY agrees to pay the EMPLOYEE for his services in an amount
set by the City Council, payable in the same installments and in the same manner as other
employees are paid. There may be performance evaluations as often as the Council deems
appropriate and as provided in Section 7 of this AGREEMENT. There shall be a merit pay
increase review annually during the month of April. The City Council may award a merit bonus,
as it deems appropriate, with a cap of five (5) percent of EMPLOYEE'S gross wage over the
term of this AGREEMENT. Effective May 15, 1999, EMPLOYEE shall be paid $8,217 per
month.
EMPLOYMENT AGREEMENT- WILLIAM MONAHAN
PAGE 5
B. Cost-of-Living Adjustment: EMPLOYEE shall receive future cost-of-living
allowances in the same percentage and on the same effective date as other City management
employees, within the term of this AGREEMENT.
C. Hours of Work: Because the EMPLOYEE will devote a great deal of time
outside normal office hours to the business of the CITY and because flexibility in hours worked
and work schedule benefit both the CITY and EMPLOYEE, the EMPLOYEE has sole discretion
as to his work schedule and hours worked.
D. Vacation: The CITY recognizes that EMPLOYEE had education and experience
equivalent to ten (10) years' employment with the CITY at date of hire on November 15, 1994.
EMPLOYEE shall accrue vacation at a rate consistent with City management vacation rates and
be subject to the same accrual limits as other management employees, to be used as he deems
appropriate.
E. Sick Leave: EMPLOYEE shall be entitled to earn and accrue sick leave benefits
on the same terms as other management City employees. In recognition of EMPLOYEE'S
service to the CITY from August 2, 1982 to January 31, 1988, EMPLOYEE has received full
credit for all unused sick leave credited to EMPLOYEE as of January 31, 1988. Said leave
credit was restored to EMPLOYEE'S sick leave account upon verification of the amount by the
Finance Department. Since CITY records of EMPLOYEE'S prior accrual were not located,
EMPLOYEE was credited for two-thirds (2/3) of the maximum accrual that EMPLOYEE earned
during this prior service to the CITY. EMPLOYEE shall not be eligible to receive any cash or
retirement credit for unused sick leave, even if a benefit allowing the cashing out of unused sick
leave, the application of unused sick leave to retirement benefit, or for any other purpose (other
EMPLOYMENT AGREEMENT- WILLIAM MONAHAN
PAGE6
than use of the benefit for approved leave) is made available to other management City
employees.
F. Management Leave: The personnel policies for management supervisory and
confidential employees for the City provides for management leave. Section 4 of that policy
provides for three (3) days per fiscal year for an employee with our four and one-half (4-1/2)
years of experience with the City. EMPLOYEE shall receive the three (3) days provided by that
policy, plus an additional two (2) days for a total of five (5) days management leave per fiscal
year. The management leave must be taken by June 30 of each fiscal year and may not accrue
into subsequent fiscal years. -
G. Payroll Reporting: EMPLOYEE shall be on straight salary as per this section of
the AGREEMENT and shall be paid automatically by the CITY as per this AGREEMENT. Any
vacation or sick leave used shall be reported to the CITY in the same manner as for other CITY
employees.
SECTION 5 - RETIREMENT, DISABILITY AND HEALTH INSURANCE:
A. Retirement: The CITY agrees to contribute into the CITY'S retirement program,
on EMPLOYEE'S behalf, an amount equal to that same percentage of salary contributed for the
CITY'S other management employees. EMPLOYEE and CITY agree that any future adjustment
to the retirement benefits of management personnel will apply equally to EMPLOYEE at the
same rate of adjustment, effective date, and adjustment to salary.
EMPLOYMENT AGREEMENT- WILLIAM MONAHAN
PAGE 7
B. Health Insurance: The CITY agrees to provide a comprehensive annual physical
for EMPLOYEE. The CITY agrees to continue to provide coverage and make full premium
payment for EMPLOYEE and his dependants for comprehensive medical Blue Cross Plan II and
dental plans equivalent to other programs provided other regular management employees.
C. Life Insurance: CITY will offer to purchase a Life Insurance Policy, the cost of
which shall not exceed $1,000 per year, on EMPLOYEE'S behalf, for beneficiary to be named
by EMPLOYEE. EMPLOYEE has the right to retain such policy at EMPLOYEE'S expense,
subsequent to tenure as a CITY employee. EMPLOYEE shall have the option of purchasing
Term or Universal Life Insurance. EMPLOYEE may either have the CITY pay the policy
provider directly or compensate EMPLOYEE for the cost of EMPLOYEE purchasing the Life
Insurance Policy.
SECTION 6 - PROFESSIONAL DEVELOPMENT AND EXPENSES:
A. The CITY encourages the professional growth and development of the
EMPLOYEE and encourages participation as he deems appropriate in professional associations,
short courses, seminars and conferences including, but not limited to: the International City
Management Association and the American Planning Association and their annual conferences,
and the League of Oregon Cities Conference. The CITY shall permit a reasonable amount of
time for EMPLOYEE to attend and the CITY shall pay for the direct costs necessary for travel,
subsistence and registration subject to reasonable availability of funds and as approved in the
annual budget.
EMPLOYMENT AGREEMENT- WILLIAM MONAHAN
PAGE8
B. The CITY shall provide $300 per month vehicle allowance to EMPLOYEE who
shall provide his own vehicle, insurance, operation, and maintenance. EMPLOYEE shall
provide for oil and gasoline within the Portland metro area. CITY shall reimburse for gasoline
expenses on City business outside the Portland Metro area.
C. The CITY recognizes that certain expenses of a job-affiliated nature are incurred
by EMPLOYEE on behalf of the CITY and hereby agrees to reimburse or pay said general
expenses on a monthly reimbursement basis, and the CITY shall disburse such moneys per
receipts or personal affidavits. Any civic service club memberships taken out at CITY expense
shall be upon the approval of the Mayor.
SECTION 7 - ANNUAL GOAL-SETTING AND PERFORMANCE
EVALUATION:
The Mayor and individual members of the Council shall be encouraged to periodically
identify their concerns to the EMPLOYEE by either informal discussions with the EMPLOYEE
or by more formal means during Council meetings. The Council shall meet with the
EMPLOYEE at least annually for the purpose of setting Council goals and priorities. The
Council and the EMPLOYEE shall meet at least annually to evaluate and assess the performance
of the EMPLOYEE in meeting or progressing towards the goals formally adopted by Council as
well as the exercise of authority granted in Section 1 of this AGREEMENT. These annual
evaluations shall be in closed Executive Sessions and shall be conducted during the month of
April.
EMPLOYMENT AGREEMENT- WILLIAM MONAHAN
PAGE9
In the event the CITY determines that the performance of the EMPLOYEE is
unsatisfactory in any respect or needs significant improvement in any area, the CITY shall
describe these concerns in writing and in reasonable detail or with specific examples so as to be
objective and positive in nature. As provided in Section 4 of this AGREEMENT, the
EMPLOYEE'S salary shall be reviewed at least annually after the performance evaluation.
SECTION 8 - GENERAL PROVISIONS:
A. Professional Liability: The CITY agrees to defend, hold harmless, and indemnify
the EMPLOYEE from any and all demands, claims, suits, actions, and legal proceedings brought
against EMPLOYEE in his individual capacity, or in his official capacity as agent and
EMPLOYEE of the CITY, if EMPLOYEE was acting within the scope of his employment. The
CITY agrees to pay premiums on appropriate insurance policies through the CITY'S normal
insurance program and through the Public Officials' Liability Insurance Program of the
International City Management Association.
B. Other Terms and Conditions of employment may be determined by the CITY
relating to the duties and performance of the EMPLOYEE, provided that such terms and
conditions are not inconsistent with the provisions of this AGREEMENT, the City Charter, or
any other law. EMPLOYEE shall receive benefits equal to those provided to other City
Management employees, except where specifically addressed in this AGREEMENT. Nothing
shall restrict the ability of the CITY and EMPLOYEE to mutually, and in writing, amend or
adjust the terms of the AGREEMENT. EMPLOYEE reserves the right to discuss the terms or
termination of this AGREEMENT with the Council as a whole or in either closed Executive
Session or open Regular Session as State Law allows and as the EMPLOYEE deems appropriate.
EMPLOYMENT AGREEMENT- WILLIAM MONAHAN
PAGE 10
C. Except as otherwise specifically provided by this AGREEMENT,. the
EMPLOYEE shall be entitled to receive the same salary, compensation, vacation, sick leave, and
other benefits as accorded any other management City employee, including provisions governing
accrual and payment therefor on termination of employment. All provisions of the City Charter
and other City programs relating to employee benefits and working conditions as they now exist,
or as amended, shall also apply to the EMPLOYEE as to other unclassified employees, and are in
addition to any benefits to the EMPLOYEE specifically identified in this AGREEMENT.
D. The EMPLOYEE is required to maintain residence in the City in accordance with
City Code requirements. Temporary relocation circumstances may be approved by the Mayor
and Council consent.
E. The text herein shall constitute the entire AGREEMENT between the parties and
any oral or other understandings are not binding upon the parties, unless specifically amended in
writing by mutual agreement. This AGREEMENT shall be binding and inure to the benefit of
the heirs at law and executors of EMPLOYEE.
F. Severability: If any provision, or portion . thereof, contained in this
AGREEMENT is held to be unconstitutional, invalid or unenforceable, the remainder of this
AGREEMENT, or portion thereof, shall be deemed severable and shall not be affected, and shall
remain in full force and effect.
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE I I
IN WITNESS WHEREOF, the CITY OF TIGARD, OREGON has caused this
AGREEMENT to be signed and executed and the EMPLOYEE has signed and executed this
AGREEMENT, both in duplicate, the day and year first written above.
Mayor - City o gard , William A. Monahan, City Employee
pallkju- n-e 6 yalw
ATTEST: City Recorde
R VEDAS TO FORM
iry,p tomey -
0ADM BILUEMPAGREE1.DOC
EMPLOYMENT AGREEMENT - WILLIAM MONAHAN
PAGE 12
5{J M pro. A"
,.I%.Fyee
verformance
Appraisal Supervisory
EMPLOYEE DATA:
NAME:
DATE:
CLASSIFICATION TITLE:
DEPARTMENT:
REVIEW PERIOD: FROM TO
EMPLOYEE SIGNATURE: DATE:
The content of this review has been discussed with me. My signature indicates
knowledge and understanding of the contents of the appraisal and does not necessarily
imply agreement.
EVALUATOR SIGNATURE:
DEPARTMENT DIRECTOR:
H.R. APPROVAL:
CITY MANAGER:
DATE:
DA TE.
DATE:
DATE:
-1-
Category:
Consider the following performance indicators in this category. Other performance standards or
indicators may be added as determined by the evaluator.
Organization and Planning Rating
SELECT RATING: 3 - S8
1.
Establishes clear objectives and measures for self and others
.
2.
Monitors process, progress and results appropriately
-31
3.
Effectively organizes employees, materials and support to get things done
4.
Establishes both short and long term plans and goals to meet future needs
5.
Shows foresight in recognizing problems in areas of responsibility
.3
6.
Foresees changes and trends relevant to area of responsibility
7.
Adheres to schedules and plans
3
-1 1
8.
Is able to establish priorities and organize accordingly
9.
Keeps appropriate manager advised of status of projects and work assignments
10.
Comprehensive work plans are development and followed
3
11.
Contingencies are anticipated and alternate plans are in place when contingencies
arise
3
12.
Demonstrates effective problem solving skills
3 3
13.
Current work plan is tied into future years
3 , 3
14.
Allocates and/or adjusts resources in response to workload and priority changes
Additional comments/performance standards:
3. aO
i
n ,
4
-4.
Category:
Consider the following performance indicators in this category. Other performance standards or
indicators may be added as determined by the evaluator.
Administration Rating
SELECT !RATING. 3,3 3 1. Maintains controls over areas of responsibility
3.(0
2.
Clearly defines responsibilities and authority limits to employees
Z , .3
3.
Delegates authority and responsibility appropriately
4.
Displays knowledge and expertise of sound management practices
5.
Anticipates major challenges, issues and projects
6.
Understands role and responsibilities
3
7.
Provides information or help to supervisor when needed
8.
Presents well considered alternatives when making recommendations
9.
Carries out in depth analyses of department/division/unit performance
3.
10.
Makes decisions in timely manner that demonstrate good judgement and common
sense
3
11.
Notifies all affected parties prior, to implementing decisions
Z
12.
Generates ideas and creative solutions
13.
Exhibits effective and timely decision making skills
14.
Follows up on problems and decisions
3
15.
Executes directions and plans received from supervisor independent of personal
likes/dislikes
16.
Accepts criticism and feedback with minimum defensiveness
~.j
17.
Ensures work is conducted in accordance with established laws and regulations
3 -
18.
Promotes effective security practices and occupational safety and health in the
work environment
Additional comments/performance standards:
3. 2 .
-~o Aa1:6c Tf- rvLoR/e'
ktS
-5-
Category:
Consider the following performance indicators in this category. Other performance standards or
indicators may be added as determined by the evaluator.
Rating
Employee Relationships / Development SELECT RATING: 3 5 2
-if
6
3.3(.1
Additional cornments/performance standards:
Category
Consider the following performance indicators in this category. Other performance standards or
indicators may be added as determined by the evaluator.
Communication Skills Rating
SELECT RATING: 3 - 3 8
1.
Has effective working relationships with Council, City Manager, and other
3.1a
executives
3
2.
Effectively communicates up, down and across departmental lines
M
3.
Communicates ideas persuasively
4.
Shows appropriate assertiveness in expressing and advocating points of view
5.
Gains support and commitment from others
3
6.
Negotiates effectively
7.
Listens to what others have to say; seeks out appropriate information from others
8.
Prepares well written materials that are logical, professional, organized and
3, to
properly supported
9.
Makes verbal presentations on matters of responsibility effectively to varied
audiences
3
10.
Able to see other's viewpoints
3.3 t
Additional comments/performance standards:
-7-
Category
Consider the following performance indicators in this category. Other performance standards or
indicators may be added as determined by the evaluator.
Rating
Leadership SELECT RATING: 3-:5?-
7f
Ic- iW
Z
2-,-3
3, (a
-3, to
3
-3,3
3,3
313
-3,,(~, 21. Actively supports the Citv's mission aid\
'3, 20
Additional comments1performance standards:
1.
Promotes respect, honesty, integrity and fairness to all
2.
Clearly conveys goals and expectations to others
3.
Steps forward to confront difficult issues
4.
Takes ris s
5.
Encourages others to take risks
6.
Supports the decisions of others when appropriate
7.
: : ; ~ ionable plans & direction
Translates the City'~si,li''d'i2!pl'ai,ti,i''iei,it::s olision in -i ac"t
8.
Is highly ethical and professional
9.
Is an effective team member
10.
Models collaboration
11.
Demonstrates assertive initiative in perceiving and dealing with problems
'-i2.
-Sets an example for others
13.
Demonstrates the initiative to learn and accept new challenges
14.
Prom )tes diversity efforts, awareness and appropriate conduct
15.
Has effective working relationships with community groups and leaders
16.
Is effective is motivating others and fi -m in handling problems
17.
Initiates changes when necessary and manage them effectively
18.
Takes action quickly to correct or prevent problems
19.
Helps remove barriers to excellent customer service
20
Promotes a positive outlook
al jes
Y\ 'e~ Z~ ~0 ~ a-~- C- , -,*'1-3'
-8-
Category
Consider the following performance indicators in this category. Other performance standards or
indicators may be added as determined by the evaluator.
Financial Rating
SELECT RATING: 3,59
I . Controls operating costs by effectively utilizing staff, materials and equipment
2. Carefully monitors expenditures
3. Adheres to financial plan
4. Makes sound decisions that consider cost/benefit
5. Accurately estimates expense/revenue levels, capital budgets, and other factors
6. Shows innovation in reducing expenses
Additional comments lpetformance standards:
-9-
Category
Consider the following performance indicators in this category. Other performance standards or
indicators may be added as determined by the evaluator.
Supervision Rating
SELECT RATING: -5. /(P
-;~r
1. Effectively delegates then supervises performance
2. Is able to effectively and appropriately schedule work assignments of subordinates
3, 3
3. Takes action to monitor and increase effectiveness of delegated assignments
4. Monitors and follows through on personnel issues; takes appropriate action that is
also prompt and without delay
5. Thoroughly documents issues appropriate to the matter
6. Is consistent in the administration of City/department policies, rules and
procedures
7. Complies, understands and can effectively administer the City's/department
personnel policies, labor contracts, and procedures
'j,'5
8. Handles disciplinary measures in an appropriate manner
LP
9. Understands his/her role as a supervisor/manager/director
3. Z.
Additional comments1perfortnance standards:
Category
Consider the following performance indicators in this category. Other performance standards or
indicators may be added as determined by the evaluator.
Rating
Job Knowledge SELECT RATING:
1. Properly applies skills and knowledge of the techniques, procedures, products and
materials to perform quality work
(e
2. Understands and performs all aspects of the job
3. Completes assignments in a thorough and accurate manner
4. Follows department policies and procedures
5. Integrates new subject matter into existing operations
6. Seeks additional job knowledge and skills and applies such to the overall
3
improvement of the department/work unit.
Has the abilityand versatility to manage most circumstances
7
3'('0
.
S,
8. Identifies and corrects problems
44
9. Paperwork is complete, correct and timely
"I . 5.k
Additional comments1performance standards:
-11 -