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City Council Packet - 02/11/2003 CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING February 11, 2003 COUNCIL MEETING WILL BE TELEVISED H:UEAN N IEID0C8%CCPKTI 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. Meeting of 2 25 Q3 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING February 11, 2003 Mayor Griffith called the meeting to order at 6:30 p.m. Council Present: Mayor Griffith, Councilors Dirksen, Moore, Sherwood, and Wilson • STUDY SESSION ➢ ADMINISTRATIVE ITEMS ■ Request for MPAC Contribution - Letter from Hillsboro Mayor Tom Hughes Council agreed with the Staff recommendation that the City will not participate through a monetary contribution to MPAC but will continue to offer Tigard staff support to MPAC. City Manager will send a letter to Mayor Hughes conveying the Council's direction as noted above. ■ Swim Center Closure Communications Council discussed the decision by the School Board to close the two swim center operations in the District. Council discussed the failed attempt to form a Recreation District (voters rejected formation of the Atfalati Recreation District). In keeping with Council Goals, Administration staff will draft a resolution for Council review and consideration to form a Parks and Recreation Board. ■ City Attorney Coverage for Council Meetings i Council agreed with City Manager's proposal to limit the attendance of a City Attorney to one meeting per month. (City Recorder's note: City Attorney is scheduled to attend the following Council meetings: i February 25, March 11, April 8, May 13, and )une 10.) i ■ NLC Small Cities Council Appointment League of Oregon Cities recommended, and Council agreed with this recommendation, to appoint Rod Hardin City Councilor for Hermiston to the NLC Small Cities Council. Tigard City Council Meeting Minutes - February 11, 2003 Page 1 ■ ]PACT Nomination Council concurred with Beaverton's nomination of Rob Drake and Lou Ogden (alternate) to serve on ]PACT. Mayor Griffith will sign a letter to Beaverton Mayor Drake advising of Tigard's support of these two nominees. ■ Follow-Up Communication to Council Brief discussion was held on process when a-mails are received at City Hall addressed to the Mayor and Council from citizens expressing a complaint or a concern. Council concurred with City Manager Monahan's suggestion that copies of staff follow-up responses to the e-mail originator will be forwarded to Council in their weekly mail packets. ■ Employee Recognition Event Council was reminded about the Employee Recognition Event on March 7, 3-4 p.m., in the Town Hall. Mayor Griffith indicated he would attend. ■ Tigard Central Business District The TCBDA will meet on Thursday, 6:30 p.m., in the Tigard Chamber of Commerce building. Reception for retired Chief of Police Ron Goodpaster Council discussed their availability the week of March 10 or 17 for a reception to honor retiring Chief of Police Ron Goodpaster. (City Recorder's note: Preliminary arrangements have been made as follows: March 20, 6-8:30 p.m., Tigard High School Commons). DISCUSSION REGARDING COUNCIL LIAISON ASSIGNMENTS, REPORTS TO COUNCIL, AND COMMUNICATIONS Council discussed how they would communicate on current activities on their Council liaison assignments to various boards and committees. Mayor Griffith noted the Importance of keeping the Council and public informed. After discussion, Council agreed that brief updates will be made during the Council business meeting (televised). At the beginning of the business meeting the Mayor will ask If there are any updates and Council members will announce whether or not they have Information to share. Short updates will then be Tigard City Council Meeting Minutes - February 11, 2003 Page 2 given at the end of the meeting under the agenda item entitled: "Council Liaison Reports." Council members will discuss board and committee issues that require Council review and direction during the Study Session. Meeting recessed at 7:13 p.m. 1. BUSINESS MEETING 1.1 Mayor Griffith called the City Council and Local Contract Review Board meeting to order at 7:30 p.m. 1.2 Roll Call: Mayor Griffith, Councilors Dirksen, Moore, Sherwood, and Wilson. 1.3 Pledge of Allegiance: Cub Scout Pack 232 will led the Pledge of Allegiance and Flag Ceremony 1.4 Council Communications 81 Liaison Reports: Mayor advised he would report on a recent Metro Policy Advisory Committee meeting - See Agenda Item No. 12) 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) Tigard High Leadership President Paul Brems updated Council on February events at the Tigard High School, which included a Blood Drive, Tigerette Competition, MORP spirit week, Senior Citizen Prom, Girls Varsity Playoffs and the Stuart Little winter play. 3. CONSENT AGENDA: Motion by Councilor Dirksen, seconded by Councilor Wilson to approve the Consent Agenda as follows: 3.1 Approve Council Minutes for January 6, 2003 3.2 Receive and File: a. Council Calendar b. Tentative Agenda The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Tigard City Council Meeting Minutes - February 11, 2003 Page 3 4. OATH OF OFFICE CEREMONY - CHIEF OF POLICE WILLIAM DICKINSON City Manager Monahan introduced this agenda item by reviewing Police Dickinson's extensive law enforcement background and the Chief of Police selection process. Newly appointed Police Chief William Dickinson was sworn in by Municipal Court judge O'Brien. Chief Dickinson thanked the Council for the opportunity to serve as Tigard's Chief. He noted he would like to continue to carry forward the Department's mission to keep Tigard on the leading edge in community policing and law enforcement. 5. INTRODUCTION: DELEGATION FROM SAMARINDA, INDONESIA City Manager Monahan gave a brief overview of the partnership with the City of Tigard and Washington County with Samarinda/Kutai, Indonesia. Mr. Syaharle jaang and Mr. Maysud Syahid were introduced to and welcomed by the City Council. Assistant to the City Manager Newton overviewed the training offered to the Indonesian delegation, which included techniques for citizens' involvement and participation, volunteer programs, options on how to approach long-term water issues, establishment of police programs such as D.A.R.E., water conservation and recycling programs. S. Carolyn Long, Executive Director of the Tigard Area Chamber of Commerce welcomed the delegation with gifts and presented a proclamation to them. Representatives of Tigard Valley Fire & Rescue Engine 51 also welcomed the delegation and presented them with hats. Mr. jaang thanked the City for the training programs and for Tigard's hospitality. He also noted he was favorably impressed by the freedom for people of his Muslim faith to freely worship in the United States. He said he would bring back to the people of Samarinda that to keep world peace, we must all respect people of other religions. Mayor Griffith noted the potential to continue a relationship with Samarinda city government by developing a sister-city arrangement. Tigard City Council Meeting Minutes - February 11, 2003 Page 4 6. UPDATE ON THE NEW TIGARD LIBRARY Library Director Barnes reported on the progress of the project and updated on site plan meetings and fundraising efforts. Future public meetings for the Site Master Plan for the Fanno Creek Extension are scheduled for Wednesday, February 26, 7:30 - 9 p.m. in Town Hall and Thursday, April 3, 7:30 - 9 p.m. 7. CONSIDER INTERAGENCY GANG ENFORCEMENT TEAM (IGET) INTERGOVERNMENTAL AGREEMENT Police Chief Dickinson presented the staff report. Council briefly discussed this item. Motion by Councilor Sherwood, seconded by Councilor Wilson, to approve the Interagency Grant Enforcement Team Intergovernmental Agreement. The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 8. CONSIDER WASHINGTON COUNTY INTERAGENCY NARCOTICS TEAM MEMORANDUM OF UNDERSTANDING Police Chief Dickinson presented the staff report. Council briefly discussed this item. Motion by Councilor Moore, seconded by Councilor Sherwood, to approve the Washington county Interagency Narcotics Team Memorandum of Understanding. The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Tigard City Council Meeting Minutes - February 11, 2003 Page 5 9. CONSIDER INTERAGENCY CLANDESTINE DRUG LAB RESPONSE TEAM AGREEMENT Police Chief Dickinson presented the staff report. Council briefly discussed this item. Motion by Councilor Wilson, seconded by Councilor Dirksen, to approve the Interagency Clandestine Drug Lab Response Team Memorandum of Understanding. The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 10. CONSIDER AN AMENDMENT TO THE TIGARD MUNICIPAL CODE (TMC) TO CLARIFY CITY AUTHORITY TO AUDIT PAYMENTS MADE TO THE CITY Finance Director Prosser presented the staff report. This issue arose in conjunction with the joint audit of franchised utilities by Oregon cities. The City of Tigard reserves the right to audit franchise fee payments by including such a provision in the franchise agreements. The proposed code amendment does not grant any authority that the City does not already have. It does, however, confirm that authority and it ensures that the audit authority is applied in a consistent manner to all payments made to the City regardless of origin. Motion by Councilor Moore, seconded by Councilor Sherwood, to adopted Ordinance No. 01-01. ORDINANCE NO. 01-01 AN ORDINANCE AMENDING THE TIGARD MUNCIPAL CODE BY ADDING A NEW SECTION TO CLARIFY CITY AUTHORITY TO AUDIT PAYMENT MADE TO THE CITY The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes Tigard City Council Meeting Minutes - February 11, 2003 Page 6 11. UPDATE ON YOUTH FORUM ACTIVITY Assistant to the City Manager Newton gave an update on the Mayor's Youth Forum Including the After School Program offered at middle schools, the Search Institutes Assets Survey, and plans to work with Youth Council members. 12. COUNCIL LIAISON REPORTS Mayor Griffith reported on priorities listed by the Metro Policy Advisory Committee: 1. Implementation of 2040 Centers. The Hwy 217 Study is high on the list for funding. 2. Impact of the UGB and expansion of industrial employment areas. 3. Goal 5 - the City of Tigard has regulations in place. 4. Future role of agriculture (nurseries). Councilor Wilson asked about maps identifying drainage areas. A review of the latest maps relating to these areas will be scheduled for a future Council meeting. 13. NON AGENDA ITEMS: None 14. EXECUTIVE SESSION: Not held 15. AD]OURNMENT: 8:53 p.m. at Brine Wheatley, ►tyecor r Attest: yor, ity o Date: - 2 I: {AD KCATHMC kA030128. D OC Tigard City Council Meeting Minutes - February 11, 2003 Page 7 f Mayor's Agenda A- 4., a. x. j CITY OF TIGARD :r r, = OREGON PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard_ in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City, will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - FEBRUARY 11, 2003 page 1 r i AGENDA TIGARD CITY COUNCIL MEETING FEBRUARY 11, 2003 6:30 PM • STUDY SESSION > DISCUSSION REGARDING COUNCIL LIAISON ASSIGNMENTS, REPORTS TO COUNCIL, AND COMMUNICATIONS • 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 statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8z Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance: Cub Scout Pack 232 will lead Pledge of Allegiance and Flag Ceremony Note: Cub Scout Pack 232, ages 6 to l l will lead the flag ceremony. The pack leader is Lef Hilton (pronounce as Left without the "t"). Tigard United Methodist Church sponsors Pack 232. he week of February 2-8 is National Cub Scout Week. Since there was no City Council meeting that week, the scouts are performing this service tonight. 1.4 Council Communications ex Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:40 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) s MEMO= i 7:50 PM i 3. CONSENT AGENDA: These items are considered to be routine and may be enacted i in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes for January 6, 2003 COUNCIL AGENDA - FEBRUARY 11, 2003 page 2 3.2 Receive and File: a. Council Calendar b. Tentative Agenda • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:55 PM 4. OATH OF OFFICE CEREMONY - CHIEF OF POLICE WILLIAM DICKINSON • City Manager Bill Monahan will Introduce Bill Dickinson to the Council and Tigard Citizens • Municipal Court ]udge Michael O'Brien will Swear-in Chief of Police William Dickinson 8:05 PM S. INTRODUCTION: DELEGATION FROM SAMARINDA, INDONESIA • Staff Report: Administration Staff Note: Mayor to present two delegates with City of Tigard pin, glass/gold cup, and framed certificates. 8:15 PM 6. UPDATE ON THE NEW TIGARD LIBRARY • Staff Report: Library Staff • Council Discussion 8:25 PM 7. CONSIDER INTERAGENCY GANG ENFORCEMENT TEAM (IGET) INTERGOVERNMENTAL AGREEMENT • Staff Report: Police Staff • Council Discussion • Council Consideration: Motion to approve the Interagency Gant Enforcement Team Intergovernmental Agreement 8:35 PM 8. CONSIDER WASHINGTON COUNTY INTERAGENCY NARCOTICS TEAM MEMORANDUM OF UNDERSTANDING i Staff Report: Police Staff • Council Discussion i • Council Consideration: Motion to approve the Washington County Interagency Narcotics Team Memorandum of Understanding COUNCIL AGENDA - FEBRUARY 11, 2003 page 3 I 8:45 PM 9. CONSIDER INTERAGENCY CLANDESTINE DRUG LAB RESPONSE TEAM AGREEMENT • Staff Report: Police Staff • Council Discussion • Council Consideration: Motion to approve the Interagency Clandestine Drug Lab Response Memorandum of Understanding 8:55 PM 10. CONSIDER AN AMENDMENT TO THE TIGARD MUNICIPAL CODE (TMC) TO CLARIFY CITY AUTHORITY TO AUDIT PAYMENTS MADE TO THE CITY • Staff Report: Finance Staff • Council Discussion Council Consideration: Ordinance No. 03~ Q1a Councilor: I move for adoption of the proposed ordinance. Councilor: I second the motion. Mayor: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) Mayor Is there any discussion? Mayor (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Mayor: Ordinance No. _ (is approved or fails) by a (unanimous or however votes were split) vote. 9:05 PM 11. UPDATE ON YOUTH FORUM ACTIVITY • Staff Report: Administration Staff i . Council Discussion i i 9:20 PM 12. COUNCIL LIAISON REPORTS COUNCIL AGENDA - FEBRUARY 11, 2003 page 4 9:25 PM 1 3. NON AGENDA ITEMS 9:30 PM 14. 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 statute. 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. 9:45 PM I S. ADJOURNMENT 1 AA D KCAT H Y tC CA1030211). D O C L ' i i i s I COUNCIL AGENDA - FEBRUARY 1 1, 2003 page 5 City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, DLIb 14 6 - , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 0 3 - 6 1 , which were adopted at the City Council meeting of )-/?-03 -with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the _ day of 4SCL !A a~~C ,20 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon Signature of Person who Performed Posting Serbs ribed and sworn (or affirmed) before me this day of T , 20a.;2- Signature of ary Public for Oregon 0 UfA E M JF-LDEHKS x')O'URY PUBLIC-OREGON OFFICIAL SEAL '~+MMISSION NO. 326578 MY GCt WMISSION EXPIRES SEPT. 07,2 003 DIANE M JELDERKS ItNOTARY PUBLIrO. FIEGON MIS SION 10 SEP L78 07, 200; UTIG333\USROEPTSIADMIGREERIFORMSIAFFIDAVITSWFFIDAVIT OF POSTING - ORDINANCE.DOC CITY OF TIGARD, OREGON ORDINANCE NO. 03-D AN ORDINANCE AMENDING THE TIGARD MUNCIPAL CODE BY ADDING A NEW SECTION TO CLARIFY CITY AUTHORITY TO AUDIT PAYMENT MADE TO THE CITY WHEREAS, The City of Tigard has authority under general police powers and its Home Rule charter to audit any and all payments made to the City, and WHEREAS, Most City franchises also contain language expressly giving the City of Tigard authority to audit those franchises, and WHEREAS, It is helpful to have specific language in the City Code to clarify the City's existing authority and to ensure consistent application of that authority, and WHEREAS, The City desires to adopt consistent standards for the application of interest on any past due amounts owed to the City and identified in the course of an audit and for the recovery of audit costs in the case of a significant underpayment. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: A new section 3.60 is hereby added to the Tigard Municipal Code, as shown in Attachment A to this Ordinance. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By uMN_5 vote of all Council members present after being read by number and title only, this 1~ day of , 2003. q-! ne Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2003. mes . Gri th, a Ap roved as to form: ty Attorney Date ORDINANCE No. 03- 01 Page I i ~ 4 Attachment A Chapter 3.60 Audits of City Fees, Charges, and Taxes 3.60.010 Definitions 3.60.020 Authority 3.60.030 Obligation to Provide Records 3.60.040 Confidentiality of Records and Data 3.60.050 Cost of Audit 3.60.060 Interest Owing on Past Due Amounts 3.60.010 Definitions 1. "Audit" means a formal or informal review of the basis of any payment to the City, including ! review and verification of source documentation or data, calculations, and final payments. 2. "Fees and Charges" means any fee or charge imposed under provisions of the Tigard Municipal Code or agreement for any City service, right, or privilege, or franchise or other agreement for the exclusive or non-exclusive use of any city asset, including, but not limited to, public rights of way, roads and byways, buildings, parks or other city facilities. 3. "Payment" means amounts owed to the City from any contract, license, franchise or agreement. 4. "Taxes" means amounts levied against broad groups or classes of payers not for specific goods or services. Taxes include, but are not limited to, ad valorum property taxes, business taxes, utility taxes, privilege taxes, income taxes, transient lodging or hotel/motel taxes, or any other tax duly adopted by or imposed by the City. 3.60.020 Authority 1. The City of Tigard reserves the right to audit any and all payments made to the City for any fees, charges, taxes, or payments due, payable or owing. Such audit may be conducted at any time or place of the City's choosing following provision of reasonable notice to the subject of the audit. 2. The City's right to audit may not be limited or waived except by express will of the City Council through adoption of a resolution so stating, along with clear justification for the need for the limitation or waiver. 3.60.030 Obligation to Provide Records I . Any person, organization, or business duly notified that they will be audited by the City shall provide all necessary records, documents, data, or access to individuals in a form acceptable to the City at a location in the Portland Metropolitan metropolitan area, or at any other location approved in advance by the City's Finance Director, at the auditee's expense. 2. The City shall have no obligation to pay for the furnishing of such records or access to individuals. ORDINANCE No. 03- Page 2 r 3.60.040 Confidentiality of Records and Data I . Any person, organization, or business notified that they will be audited under this Chapter may submit a written request to the City Manager requesting treatment of records, data or information as confidential under Oregon Public Records Laws. The City Manager shall review any such requests and if the request complies with the provision of the Public Records Law may grant the request and direct confidential treatment of the records, data, or information. 2. In no case shall the final results of the audit be considered confidential. 3.60.050 Cost of Audit 1. Except as provided in 3.60.030, the cost of any audit initiated by the City or under the City's authority shall be paid for by the City, with the exception that if an audit reveals an underpayment in amounts owed to the City of more than 5% for the period audited, the auditee shall reimburse the City for all audit costs. 2. If the City conducts an audit of a group or class of payers, and one or more of this group or class shall be found to have underpaid the City by 5%, their obligation to reimburse the City for the cost of the audit shall be apportioned based on their share(s) of the total final amount due for the period being audited. 3.60.050 Interest Owing on Past Due Amounts I. Unless otherwise provided by City ordinance or written agreement, interest charges on past due amounts revealed by any audit shall be charged at the rate allowed by State Statute. 2. Upon submittal of written application showing just cause, the City's Finance Director may waive any interest charges of less than $1,000. i i i i i ORDINANCE No. 03- Page 3 MEMORANDUM TO: Ellen Fox FROM: Cathy Wheatley, City Recorder RE: IGET IGA DATE: February 12, 2003 Ellen attached are two Oaths of Office as administered to Chief Bill Dickinson by Judge O'Brien at last night's Council meeting. Would you please have Bill sign both Oaths. Please return one to me; the copy in the folder is for Bill. Thank you for your help! Attachments I;\ADMICATHY\MTG-DIST1030211 DICKINSON OATH.DOC L n 4 o Li r MN~~ Ytata 0 ) e4 04 aa Uq*OA' t aaA tP,, ytaae, 4 yt u4 4 3 . g u e4 04 0A daUa . ',/I1,~ ut~ Q~ r r J J AGENDA TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW FEBRUARY 11, 2003 The Study Session Is held In the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages Interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Council may move the Study Session to the Town Hall. • STUDY SESSION o Discussion regarding Council liaison assignments, reports to Council, and communications. • ADMINISTRATIVE ITEMS o Mayor attended MPAC meeting on 2/10/03 o Request for MPAC Contribution - Letter from Hillsboro Mayor Tom Hughes o Swim center closure communications o City Attorney coverage plan o NLC Small Cities Council Appointment - LOC recommends appointing Rod Hardin, Hermiston City Councilor o )PACT Nomination - Letter from Beaverton Mayor Rob Drake o Follow-up on communication from Keya Bhattacharyya o Calendar Reminder: Employee Recognition Reception on March 7, 3-4 p.m. In Town Hall • 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 statute. 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. jwi 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 (1) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660(l) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660(l) (c) - To consider matters pertaining to medical staff of a public hospital. 192.6600) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.6600) (e) - Real property transaction negotiations. 192.660(l) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically Identified in the Oregon Revised Statutes. 192-660(l) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body Is competing with other governing bodies. 192.660(l) (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(l) (I) - 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 (1) 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 (1) (k)- Relates to health professional regulatory board. 1:\ADMICATHY\COUNCIL\CCLIST\030211 MOC MEMORANDUM CITY OF TIGARD, OREGON TO: Jim Hendryx FROM: Cathy Wheatley l' cl,~`' DATE: February 7, 2003 VV SUBJECT: MPAC Attached is a February 4 letter from Tom Hughes, MPAC Chair. Would you please review the letter and make a recommendation about the financial participation that is requested. This will be on the "pink sheet" agenda for the Study Session next Tuesday, February 11. Thanks. AD RACATFM000 NCI LWIPAC. D OC t CITY OF HILLSBORO Copies to: Mayor/Council Other: ° ~I it 1 City Manager ; hn )A f' Council File FE B 0 Af.}r!? in j 3 t~~ i ' !7 February 4, 2003 Dear fellow elected official: As I begin my tenure as chair of MPAC, I am reminded of MPAC's value. MPAC is truly a unique entity - this region has made it a priority for local elected officials to sit down together twice a month to discuss issues of regional importance. This just does not happen elsewhere in the country. As I lead my city, I am also reminded about the amount of time and resources the regional issues take from our local staff. As you know, Hillsboro asked Mike McKeever and Kimi Iboshi Sloop through the Growth Management Caucus to assist me during the month of January to begin identifying MPAC issue priorities for the year. They facilitated the MPAC retreat late last month and did a very effective job focusing our attention on the key issues that will need priority MPAC attention this year. They also worked with me and other MPAC members to identify process changes that can further improve our working relationships with the Metro Council, MTAC and other entities. I believe that MPAC and all local governments would benefit greatly from their continued assistance. Through our work and coordination with Metro, we can take coordinated regional planning to a new high level. We cannot do this without additional staff dedicated to assisting MPAC as a whole, its individual members and the chair on key issues, and to communicate with those local governments who do not have a seat at the MPAC table. I envision Mike and Kimi providing that staff assistance. Not involved in setting policy, but networking among the local governments to let us know what issues will be coming up at MPAC meetings so members are prepared to make decisions, and to identify areas where MPAC may have consensus on issues. Some of the specific tasks could include: • Attendance at MPAC meetings. • Attendance at MTAC and Metro Council meetings when appropriate. C Monthly updates of MPAC and other Metro activities. Subcommittee meetings oriley issues being discussed at MPAC. • Communicate via phone, fax and e-mail to local governments regarding key issues being discussed at MPAC. • Working with MPAC chair in preparation of MPAC meetings. • Quarterly meetings of all local governments to provide a forum for those who do not have a seat at the MPAC table. Fellow Elected Officials February 4, 2003 Page 2.- I asked Mike and Kimi to prepare a budget for providing these services next year that allocates the cost of these services to all local governments in the form of regular dues. This allows all of us to gain from the efficiencies of working together: No jurisdiction would contribute more than $7,000. I realize that in tough budget times, any contribution is significant. However, I also believe in efficient government. We can gain something much greater than any of us can do individually by pooling our resources to obtain these services. Enclosed with this letter is a participation form listing the dues for each jurisdiction within the region, and asking for your participation. Please complete the form and return it to Kimi as soon as possible (her contact information is listed on the form). I am very interested in pursuing this service. I hope that you, too, will find this service useful and necessary. If you have any questions about the services, please do not hesitate to call me at 503-681-6473 or Kimi at 503-478-2358. Sincerely, -1,4 l Tom Hughes, Mayor MPAC Chair MPAC Assistance for Local Governments - 2003 Services to be provided: • Attendance at MPAC meetings. • Attendance at M`"AC and Metro Council meetings when appropriate. • Monthly updates of MPAC and other Metro activities. • Subcommittee meetings on key issues being discussed at MPAC. • Communicate via phone, fax and e-mail to local governments regarding key issues being discussed at MPAC. • Working with MPAC chair in preparation of MPAC meetings. • Quarterly meetings of all local governments to provide a forum for those who do not have a seat at the MPAC table: Name: Jurisdiction: Yes, we support additional MPAC staff assistance for local governments. We will support this service through the payment of dues in the amount of $ (see chart on the back of this form for membership dues based on jurisdictional size - an invoice will be sent shortly should you agree to participate.) Who (i.e., elected officials/staff) should receive the "Metro Updates" - periodic updates of activities occurring at Metro and MPAC that impact local governments? Elected Officials(s): Please indicate if you prefer to Fax # or E-mail address: receive the updates by fax or e-mail. Staff person(s): Please indicate if you prefer to Fax # or E-mail address: receive the updates by fax or e-mail. 1 3 No, we are not interested in this additional service. I Fax or mail this form to: Parsons Brinckerhoff ' Attn.: Kimi Iboshi Sloop 400 SW Sixth Avenue, Suite 802 Portland, OR 97204 phone: 503-274-8772 fax: 503-274-1412 Please contact Kimi (e-mail: iboshisloopgpbworid.com or 503-478-2358) if you have any questions or need more information. Thank You! Allocations for MPAC Assistance Dues Jurisdiction Dues Category Membership Dues Beaverton 6 $4,500 Clackamas County 9 $6,750 Cornelius 2 $1,500 Durham 1 $750 Fairview 2 $1,500 Forest Grove 4 $3,000 Gladstone 3 $2,250 Gresham 6 $4,500 Happy Valley 1 $750 Hillsboro 6 $4,500 Johnson City 1 $750 King City 1 $750 Lake Oswego 5 $3,750 Maywood Park 1 $750 Milwaukie 4 $3,000 Multnomah County 9 $6,750 Oregon City 4 $3,000 Portland 9 $6,750 Rivergrove 1 $750 Sherwood 3 $2,250 Tigard 5 $3,750 Troutdale 3 $2,250 Tualatin 4 $3,000 Washington County 9 $6,750 West Linn 4 $3,000 Wilsonville 3 $2,250 Wood Village 1 $750 All Special Districts 3 $2,250 Fees are determined on a base fee that apportions the annual costs of operation on the basis of each jurisdiction's population. The base fee is $750. The allocations are as follows: City/County with population of 1 to 5,000 Base City/County with population of 5,001 to 10,000 2 times base City/County with population of 10,001 to 15,000 3 times base City/County with population of 15,001 to 30,000 4 times base City/County with population of 30,001 to 50,000 5 times base City/County with population of 50,001 ' to 100,000 6 times base City/County with population of 100,001 to 150,000 7 times base City/County with population of 150,000 and over 9 times base Special Districts 3 times base Page 1 of 1 Cathy Wheatley - NLC Small Cities Council Appointment From:. "Ken Strobeck" <kstrobeck@orcities.org> To: <vries@ci.forest-grove.or.us>, <BILL@ci.tigard.or.us>, <ealy@cityofestacada.org>, <ebrookshier@hermiston.or.us>, <eppleyc@keizer.org>, <green@ molalla. net> Date: 2/10/03 10:01 AM Subject: NLC Small Cities Council Appointment Thanks very much to each of you for submitting one of your elected officials for appointment as one of the Oregon representatives on the NLC Small Cities Council. I appreciate the strong response. We have decided to recommend Rod Hardin, Hermiston City Councilor, for the open position. Mayor Lou Ogden of Tualatin is the other current Oregon representative, and the selection of Councilor Hardin gives us geographic balance from the eastern part of the state. Mayor Ogden's term on the Council expires at the end of this year, so I hope you will consider re-applying at that time. Thanks again for your interest, Ken Ken Strobeck League of Oregon Cities Salem, Oregon 97308 503-588-6550 1-800-452-0338 3 1 1 I i 1 file://C:\YIMOWS\TEMP\GW } 00009.HTM 2/10/03 WJwt CITY of BEAVERTON 7 4755 S.W. Grt9lth Drive. P.O. Box 4755. Beaverton. OR 97076 TF L: (503) 526.2481 V/TDD FAX: (503) 526.2571 ROB DRAKE February 10, 2003 MAYOR Mayor Jim Griffith City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mayor Griffith: This letter is to formally solicit your city's nomination regarding the appointment of a Washington County cities' representative to Metro's Joint Policy Advisory Committee on Transportation (JPACT). As Mayor of the largest city in Washington, it is my duty to coordinate the nomination and election process. Nominees must be elected officials. Once I have collected nominations, I will send each City in Washington County a ballot to vote on its choice for the JPACT representative and alternate. Your nomination can include a recommendation for the designated member and the alternate position. The member and alternate need to be from different jurisdictions, one of which will be from the city of largest population. Nominations need to be returned to my office by 5:00 p.m. on Friday, February 21, 2003. On Monday, February 24, 2003, 1 will fax the official ballot for you to cast your vote for representative and alternate. You will need to return your ballot by Friday, February 28, 2003. 1 will then forward the name of the Washington County representative and alternate to Andy Cotugno at Metro by Monday, March 3nd. Current terms for JPACT representative and alternate expire on March 2, 2003. JPACT meetings are held the second Thursday of each month, at Metro, starting at 7:15 a.m. They usually last about two hours. I have enjoyed serving you as the designated representative for Washington County cities and would greatly appreciate continuing to serve as your representative to JPACT. Beaverton will be forwarding my name to serve as the designated representative. Currently, Mayor Lou Ogden is serving as the alternate and he has indicated that he too would like to continue serving. Beaverton will be nominating Mayor Ogden for the alternate position. Please contact me if you have questions. Sincerely, Rob Drake Mayor cc: City Manager Atfalati - November 2, 2000 Election Results Ballot Measure 34-23 Precinct # Precinct Name Yes Votes No Votes 400 Washington Square 649 884 402 Walnut Island 156 187 403 Tigard/Gaarde St. 1,140 1,269 404 Fowler School 718 956 405 Twality School 1,222 1,192 406 Tigard City Hall 970 1,032 408 Summerfield 1.440 1,570 409 Summerlake-West 573 828 416 Summerlake-East 454 622 Totals 7,322 8,540 46% 54% All Precincts in Proposed District Yes Votes No Votes Totals 13,339 15,639 46% 54% I:%ADKACATHY\ELECTIONWTFALATI ELECTION RESULTS REVIEW 11-00.DOC i 7422 I BM.LW CA" NO.. ATFALATI RECREATION PARTNERSHIP MEASURE 34-23 VOTE FORMS ATFALATI RECREATION PARTNERSHIP DISTRICT; ADOPTS PERMANENT RATE OMIT YES 206 QUESTION: Shall district be formed to provide recreation services with a 0.75 per $1000 assessed value tax rate, starting 2001/2002? NO 207 SUMMARY: District would provide recreation facilities and services for youths, adults and seniors. Facilities proposed include: community/recreation centers in Tualatin and Tigard; pedestrian trail and bridge over the Tualatin, connecting Cook, Durham and Tualatin parks; improvements to school and other facilities such as playing fields, trails, activity centers and gyms. Services may include: classes such as art, dance, swimming, photography, cooking, dog-training, child care, chess, computer, after-school recreation, teen center, clubs, athletictfitness programs. Senior activities may include social events, classes, fitness and nature programs. District may help coordinate and assist existing athletic and non-athletic programs. Management is proposed to be provided by representatives from the cities of Tigard and Tualatin, Tigard- Tualatin School district and the county, plus one person selected by these representatives. Facilities and services will be paid for by grants, user-fees and property taxes. The proposed permanent rate limit is 0.75 per $1000 of assessed valuation. This is approximately $94 for house assessed at $125,000 taxable value (estimated $160,000 market value). ii I i i NOV-26-2000 10:56 FROM-WASH, COUNTY ELECTIONS 5038464854 T-701 P•003/003 F-916 - " 0001. STATENEN OF 7ME GENERAL ELECTION ON MOVE. , 2000- ATFALATI PMMFR 34-23 age Nunber 193.108.001 R T T A Y A N G R R F 9 f O , I N N A A :,tom S O 0 L L 7r~A44J T U U A A E T T T T ~~GtN GT$ R I I .r fl D E P P R A A V C R R O E T T E T E E - v R A R R S E 3 3 4 4 r~ ' % •o•ar 2 2 3 3 97 BULL MOUNTAIN 2j-, 184 84.5% 78( M I 99 TZGER 9 4 WASHINGTON SQUARE 24 1ti9 77.3%- 64 1 YO STREET 1 131 85. 02 WALNUT ISLAND 48 401 82. 5 1871 1 03 TIGARD/GAARDE ST 1 2 84.4 114 12 FOYLER •SCfKM 23 198 82.70 71 05 TUALITY•SCNOOL 354 81.3 2 06 TIGARD CI ALL 3 76.1 103 07 DEERCREEK 3 50 .79. 5 2151 21 OS SUMMERFIELD 25 Magi 86.6 1440 15 SUNMERLAKE-HEST 21 9 79. 57.9 82 10 BEEF BEND RD 9451 81 86.5 ZS 42 T4 HARROWS RD 131 1060 80. 35 521 15 TUALATIN CITY /RIVER 40 331182.5 81 17 62 16 SUMMERLAKE-EAST 166 1 8. 454 17 ELDORADO 154 123 390 61 20 TUALA N CITY 271 2620180. 112 121 22 LATIN-UNINCORP 89. 1 1 23 TUAL TIN- TH 291- 210 Y2. 94 85 28 TUAtJ1TIN-PEST 8 63 775.5% 32 22 77 33 ED BYRON SCHOOL 2121 1 84-114 36 TUALATIN CITY 60 3 89.29 211 2771 37 HAZELBROOK 4 80. X 51 3 38 SE COUNTY 4 81.5 T O T A L S t*~~ 40 359 81. 1333 1563 1 I I f I I AGENDA ITEM N0. - VISITOR'S AGENDA DATE : FEBRUARY 11, 2003 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED VISITOR'S AGENDA Page 1 Tigard High Leadership ft'$ ' 9000 SW Durham Road • Tigard • Oregon • 97224 .t tf' (503) 431-5518 - FAX (503) 431-5410 • http://ths.ttsd.kI2.or.us/leadership/home.html j •,Y thsasbprez@hottnail.com .tjLL February 6th: i•~I►dYliosN 8`7it tip? NHS Blood Drive - second of the year; 8am to 1 pm in the Deb Fennel Auditorium foyer ' . February 8th: ;a ar... ?`ir? h ?wY Ti erette Competition - dance competition hosted by our own dance team t b g 0. tr' d,'ent; Press c►,~ {;Paul B( MSs y r;;x February 10`' - 15a,: i ur°c' , ~ ";a wy w MORP Week - a spirit week that replaces our valentines activities r,~{/~oe President << 'D~!?®~F February 101 - 15`h: n#'rW.p'1yY Varsity Wrestling/Swimming Districts - swimming at McMinnville: wrestling at Newberg ure~iF~sher. February 15th: P yfw~ ;tea ~ Senior Citizen from -annual dance put on for senior citizens of the community; I pm - 3pm ~Seu'etarlllr.- in the cafeteria to-f~anX Gflf'ilna~,k~! the February 17 No School - President's Day 1~oB('tlcom~ th. February 25 uman,Reiations~ ASB Run for Office Meeting - 4"' period, activities office Ra tck' February 22'd - March 4`h: ;;/lssembl(es,f,~ Girls Varsity State Playoffs ;_tNlfdce,QaRiell a' x S~i'$•,'s,~C February 28th - March 1": r•Spklt~ ' Stuart Little - winter play in the auditorium at 6:30pm ~-Gisi1 el s~Technology t= . atfi Plum I a I ~ I I _ I , "Celebrate the past, embrace the present, dream the future. " fl THS Leadership '02 - '03 Mission Statement 1 to AGENDA ITEM # _3, 2),9 FOR AGENDA OF: February11, 2003 MEMORANDUM CITY OF TIGARD, OREGON TO: Mayor and Council FROM: Greer Gaston DATE: January 30, 2003 SUBJECT: Three-Month Council Calendar Regularly scheduled Council Meetings are marked with an asterisk February 11 * Tues Council Meeting - 6:30 p.m. Business Meeting with Stud Session 17 Mon President's Da - City Offices Closed 18 * Tues Council Workshop Meeting - 6:30 .m. 25 * Tues Council Meeting - 6:30 p.m. Business Meeting with Stud Session March 11 * Tues Council Meeting - 6:30 p.m. Business Meeting with Stud Session 18 * Tues Council Workshop Meeting - 6:30 .m. 25 * Tues Council Meeting - 6:30 p.m. Business Meeting with Stud Session April 8 * Tues Council Meeting - 6:30 p.m. Business Meeting with Stud Session 15 * Tues Council Workshop Meeting - 6:30 .m. 22 * Tues Council Meeting - 6:30 p.m. Business Meeting with Stud Session \\TIG333\USR\DEPTSWDM\GREER\CITY COUNCIL\3 MONTH CALENDAR.DOC IarV1tl11.i 1 Y Yt11' City Council Greeter -Tig-ard Agenda 3111103 - Business ~ rr►. Gtgeter V25 03 @ 5 p •N Jim• pue: gasi"ess Study Session 10 min 2125103 ' m Cathy - @ 5 p' round pue;1111103 G y18103 • Nles - Worushop session Mike DuYcvjG eer Review Council Study +n 15 m►n - Interest pue: yg103 @ 5 p' ~F&R Briefing .n9 Conilict of tle9►siat►ve, jopics ttomeY T ra►n► " and Use Workshop I _ Jt Mt9 City A 6ng taw' L nt Pgenda UP m water S 475 m►n P ualic Md►cial~ - 30 min ement Conse Ter late onLong- _ enn►s " U si- u ► COmVgLee - 313 m►n Jo w hn =Jt. Mtg wlPlan pna e - lan - an- CnentaC►on - J►m Con en N d Ne AppomPees - - usan a r°iec g stem P I CR °mMI e Sandy Y mm e hone C►on 30 30 policy SransP°ria Crag - u 9 Celi P min c+al Plan " Revisions to irfoa piscuss Strate9 eating business M nvoy 10 mm aret - VA - Student E r of 2125103 the New I ibrary ° Ma rovement y min to study session ss Meeting ,ns . 30 min - Updao$ed wall Street L GU Nannie - 30 tin v t 10 •MaY move gusme w►11►a prop Sen Burdick, ReP Cont►nued pistrict in►t~al ReP° - ndat►on °n Re9iOnal Cathy & Recomme Bull Run piscussion d 'Z ation in propose 0 Pan , ate, gency n►ng s iGP etlnis - 20 min d Consider Metro edlo Review an 15 +n►n Hwy 217 ~ tch -Barbara - lot local Me O Page 1 Si =standing item Itentatwe.xls erltentaw ag I:ladmlgre 113012003 Tigard City Council Tentative Agenda 3118103 - Workshop 3125103 - Business TV -Greeter 418/03 - Business TV -Greeter Due: 314103 @ 5 p.m. Due: 3111103 @ 5 p.m. Due: 3125103 @ 5 p.m. Workshop Topics Study Session Study Session Urban Growth Boundary Update: Expansion and Policy Issues - 30 min - ar ar im Initial Review of Community Event Grant Requests - Craig - 30 min Proposed Street Maintenance Fee Discussion - Gus - 30 min Consent Agenda Consent Agenda Presentation on Tigard Fact Book - Beth - ap a ea a ree Vacation -Matt - BLUE 20 mm SHEET Business Meeting Business Meeting Sen Burdick, Rep Williams - 30 min - VA - Student Envoy Cathy Update on the New Library - Margaret - 10 min Property Tax Abatement - CPAH - Craig -10 min Commuter Rail Station Design - Jim - Blue 95't I SI = standing item I:/adm/greer/tentatv ag/tentative.xls 1/30/2003 Page 2 AGENDA ITEM # FOR AGENDA OF _ ?Z11100 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Oath of Office - Police Chief William Dickinson PREPARED BY: Cathy Wheatley DEPT HEAD OK 1 ITY MGR OK ISSUE BEFORE THE COUNCIL Municipal Court Judge Michael O'Brien will administer the Oath of Office to Police Chief William Dickinson. STAFF RECOMMENDATION Administer oath of office to William Dickinson as Tigard's Chief of Police. INFORMATION SUMMARY City Manager Bill Monahan will introduce to Council William Dickinson, a 29-year veteran of the King County, Washington Sheriff's office, who has accepted the offer to become Tigard's next police chief. Dickinson will fill the position, which became vacant when Chief Ron Goodpaster retired from the position in August of 2002 after serving as Tigard's Chief for 14 years. Municipal Court Judge Michael O'Brien will administer to oath of office to Chief Dickinson. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Oath of Office FISCAL NOTES N/A [AADMIPACKET'03\20030114\02 OATHS.DOC V~ O-v 04 ate- a axe k4k C4 M a.nA dk 6ee.M M~p t?'' r~hnx g W, P C i l 1 1 1 . 1 MEMORANDUM TO: Ellen Fox FROM: Cathy Wheatley, City Recorder RE: IGET IGA DATE: February 12, 2003 Ellen attached are two Oaths of Office as administered to Chief Bill Dickinson by Judge O'Brien at last night's Council meeting. Would you please have Bill sign both Oaths. Please return one to me; the copy in the folder is for Bill. Thank you for your help! Attachments IAADM\CATHY\MTG-DIST\030211 DICKINSON OATH.DOC L r' 1 f I I I OatA of (Mice Yla& 4 0 ) 9, Wi iam 9u;~ , da. 6,uQerru4 &vz" Mat 9 wiP,E apha& and uq*mt the and Pcu" a4 the united Ytcr"4 Anmwa and IPce Yt a & c4 04e,pn, and tAz Mahzh and w"hhanza a.& tPce &4 c4 31gaAd. 9 w~ 4i My ~ p 4m nub & iiei la tAz Pest a4 m* aW 4, in, Me mice c4 34w d eAw4 4 jDa &Ze ftx w.Pr wA 9 Puwe Gem ap jimAtzd. WIMam ~ gee ac !Date NNW AGENDA ITEM # 5 FOR AGENDA OF February 11, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Introduction: Delegation from Samarinda Indonesia PREPARED BY Elizabeth Ann Newton DEPT HEAD OK CITY MGR OK -.TZ~ ISSUE BEFORE THE COUNCIL Welcome the delegation from Samarinda, Indonesia and a presentation on the status of the partnership program. STAFF RECOMMENDATION Formally welcome the delegation from Samarinda Indonesia and hear a presentation on the status of the partnership program. INFORMATION SUMMARY The City of Tigard has been given a unique opportunity to work in partnership with the City of Samarinda, and County of Kutai, East Kalimantan, Indonesia along with Washington County. This is part of the International Resource Cities program which is funded by the U.S. Agency for International Development (USAID) and implemented by the International City/County Management Association (ICMA). In February, 2002, a delegation from Tigard and Washington County visited Samarinda and the County of Kutai and signed an agreement between the cities and counties and ICMA to develop an improved citizen participation process, create a solid waste recycling program, design and implement a training program in double entry accounting, and prepare a matrix of potential revenue generating programs. In June of 2002, a delegation of seven Indonesians visited Tigard and Washington County and trained with city and county staff in the above areas. In October of 2002, a delegation of six city and county staff members went over to Indonesia to conduct training in the program areas. A delegation of three Samarindan representatives will visit Tigard the week of February 8 to receive further training in the area of citizen participation, drinking water systems and recycling education. The delegation is Mr. Syaharie Jaang, Vice Mayor of Samarinda; Mr. Fathurrachman Alhinduan, Director of Samarinda Water Company; and Maysud, Member of the Samarinda City Council. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACBA ENT LIST N/A FISCAL NOTES The cost of this program is provided by USAID with the City providing some staff time to conduct training. AGENDA ITEM # Co FOR AGENDA OF February 11, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on the New Tigard Library PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK 1 ISSUE BEFORE THE COUNCIL Presentation by staff to update the City Council about the new library. STAFF RECOMMENDATION The purpose of this presentation is to communicate recent events and accomplishments related to the new Tigard Library. INFORMATION SUMMARY On May 21, 2002, Tigard voters passed a $13 million bond measure for the construction of a new library of approximately 47,000 square feet. This amount will pay for land acquisition, the design, construction and furnishing of the new library, parking and related street improvements. The site of the new library is a 14.7-acre property located along Hall Boulevard near O'Mara Street. Since the passage of the bond, the project has proceeded on schedule. The design development stage was recently completed. SRG architects worked with staff for two months to revise and refine the details of the design. During that time staff and members of the public submitted ideas that were considered, and in many cases, implemented. On Tues., Jan. 28, the Council reviewed the design development documents. At this meeting, staff will report on the progress of the project and inform Council of the reaction of the citizen- based New Library Resource Team, which meets on Monday, Feb. 10. Staff will also provide an update on site plan meetings and fund raising efforts as the project moves into a new phase. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all ages. ATTACHMENT LIST 1. Set of PowerPoint Slides FISCAL NOTES N/A T II'YIelIY1e. . .Gruntd°wn tu,t N¢wLibr,iry Hon, Alra,urr Passe pnnX'O- `ummr AA.rrt- for Architret r O: Selrct Architrct ,ummrr/ Fall 'O_ Salrct t:rnrral \on[r.i<t.+r Lall'02 ' FA 02 : What's New `rIIP°°, 7xn iommumry Alrrhne` fall'02 on L~hra ry [`rsi~n oil the vu.aharr ~.~vrrtY Fall " rr.~¢nL~hrar„ lau ou\cmtrr 03 hhhc Atrrt~nt(f an S,tr Alastrr N'intrr(>pnn~ 03 Library? elan Wr FannctirrrA E+trnunn New weundhnaAmg Al =003 lihrary Wnstructian Sp -g 03/ Oa L~hrary t,prn. fall o+ yeti t•~ ~ 3 . - IE _i - 1 Public Meetings: Site Master Plan for Fanno Creek Extension • Wed., February 26 7:30 - 9 Pm(4Town Hall • Thurs., April 3 7:30 - 9 pm @ Town Hall QUEMONS7 Conl.d D~nisl VI.n, P.61 Dept d•nldsCSlpcd.9C.Y1 - ]03639.4171 •.c 2390. Ways to Help the New Library For More Information... Contact: • Buy a book for a special someone paulaOci.tigard.or.us • 5upport the Friends Book Sale- 503-684-6537, ext. 2508 Feb.29-March 1 Attend Michael Allen Harrison concert- or check out our website April 4 at www.ci.tigard.or.us make a tax-deductible donation to the Library Foundation or the Friends of the Library 2 AGENDA ITEM FOR AGENDA OF February 11, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Interagency Gang Enforcement Team (IGET) Intergovernmental Ageement PREPARED BY: Ronald D. Goodpaster DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL The issue before the Council is to approve this IGET Intergovernmental Agreement. STAFF RECOMMENDATION Staff recommends approval of the agreement. INFORMATION SUMMARY In January we assigned an officer to the Washington County Interagency Gang Team. He joined other team members from other agencies for the team to become a very effective investigative force regarding gangs in Washington County. We have a gang problem in the City and this is the most effective way that we can specifically address that problem. Gang investigation is very difficult and requires multiple people, and this is the most effective way for us to get the most out of our gang enforcement officer. By making this officer available to the team, it has increased our ability to investigate gangs and also allows us to branch out to those people that influence the gang activity in Tigard that live in other neighboring communities. In our department we do not have adequate personnel to perform this same function. We have been very pleased with the response we have received from the team. The Team has addressed specific gang-related problems in Tigard and has been extremely effective. The need for this team and our involvement is very important, not only for the City of Tigard, but also for Washington County. Being teamed up with multiple agencies gives all the officers the ability to work sources of the gang activity in different jurisdictions. C This has been reviewed by the City Attorney. OTHER ALTERNATIVES CONSIDERED i The only other alternative is to try and do the gang investigations on our own, which we have done in the past, but need the combined intelligence of our neighboring communities to be truly effective. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This area is specifically addressed in our direction statement for the Public Safety Visioning Plan for the Police Department. ATTACHMENT LIST Attached is the IGET (Interagency Gang Enforcement Team) Intergovernmental Agreement. FISCAL NOTES This position is currently funded in the budget and adequate funds are also there to support it. No additional funds are needed for this position. MEMORANDUM TO: Ellen Fox FROM: Cathy Wheatley, City Recorder RE: IGET IGA DATE: February 12, 2003 Ellen attached are two copies of the above-referenced agreement signed by Mayor Griffith. I was supplied one original signed by Gary Firestone of the City Attorney's office. I had the Mayor sign two copies of the agreement, although you'll see that one of these has an original "Gary Firestone" signature and the other is a copy. When fully signed, the Records Division should receive an original agreement. Attachments 1AADM\CATHY\MTC-DIST\030211 IGET IGA.DOC IGET INTERGOVERNMENTAL AGREEMENT Washington County, An Oregon County; The City of Beaverton, an Oregon municipal corporation; The City of Tigard, an Oregon municipal corporation; and The City of Tualatin, an Oregon municipal corporation; Together with such other entities as may hereafter become parties as provided in Article 10 hereof. This Agreement is made for the purpose of securing to each party the benefits of mutual assistance in addressing common problems and goals specifically related to criminal gang activity and crimes. Terms and Conditions: 1. STRUCTURE. This Agreement is intended to create an interagency cooperative team for the purpose of sharing information and jointly administering resources for the enforcement of laws concerning enforcement of criminal gang activities. To that end the parties declare that: 1.1. Authority for this Agreement is specifically found in ORS 190.0101 (1), (2), (3), (4) and (6). 1.2. This Agreement does not create a separate intergovernmental entity. i i 1.3. Each party's participation herein is as an equal, and shall depend on separate adoption and administration of policies and procedures consistent with continued cooperation hereunder. 1.4. The Advisory Board herein created is not a governing body, but is a forum to promote the cooperation and coordination of gang law enforcement in and around Washington County, to resolve potential conflicts and to recommend appropriate administrative and operational procedures to the several participating agencies. 2. GOALS. The Interagency Gang Enforcement Team (IGET) shall have as its overall goals: 2.1. To detect and apprehend individuals, groups, businesses and organizations involved in criminal gang activity; and 2.2. To gather and disseminate criminal gang activity and related intelligence information within the participating entities and among other criminal justice agencies affected by that information; and 2.3. To enhance and maintain an effective spirit of continuing cooperative efforts among the area criminal justice agencies. 3. OBJECTIVES. IGET shall pursue the following objectives toward achieving its goals: 3.1. Identify and apprehend individuals responsible for significant criminal gang activity; 3.2. Suppress patterns of major criminal gang activity within the Washington County area; 3.3. Enhance cooperation among police and prosecuting agencies within the Portland metropolitan region; 3.4. Enhance the coordination of effort and resources of the participating criminal justice agencies; and 3.5. Establish a central collection point for information relating to criminal gang activity within the region, available to all law enforcement agencies in Washington County. L 4. COOPERATION. Each participating agency assumes an obligation of good faith r cooperation to provide all reasonable assistance and resources to and with other participating agencies in implementing the purposes of the Agreement. a p & STRUCTURE. 5.1 The administrators of each participating entity must respond to their respective governing bodies. To assure the activities of IGET are responsive to the individual governing bodies of the participating agencies, the parties hereby create the IGET User Board ("the Board"). The Board shall consist of the chief administrator of the law enforcement IGET IGA PAGE 2 OF 9 department of each participant, or the designee of such administrator in that administrator's absence. The Board shall meet at least monthly, and at any time upon request of a participating agency. Each Board member shall have equal voice in the conduct of the Board's business. A quorum is not required for the Board to conduct its business. 5.2 There shall be a Chair of the Board (IGET Chair). The IGET Chair must be a department head from a participating agency that has assigned a full- time investigator to IGET. The Chair shall serve for a term of one calendar year. Board members shall select the Chair by a majority vote of those Board members in attendance at the Board's last meeting before the start of a new calendar year. 5.3 The Board shall coordinate development of operational procedures applicable to IGET. The Board may not make policy or administrative decisions, but may provide a forum for the discussion of such issues for benefit of the individual Board members. The individual Board members may independently make recommnendations to their respective governing bodies on policy or administration that affect IGET. A policy or administrative recommendation of a Board member concerning IGET is not binding upon. the Board member's participating agency. 5.4 The Board shall designate one Administrator (IGET Administrator). The IGET Administrator shall be a managerial member of a participating agency, but need not be assigned full-time to IGET. The IGET Administrator shall have the following responsibilities: 5.4.1 Attend and participate in the discussions of the Board; 5.4.2 Establish IGET operational procedures consistent with the direction of the Board and the policies and procedures of each participating agency; 5.4.3 Establish IGET operational priorities; 5.4.4 Evaluate IGET activities and IGET Members; 5.4.5 Prepare long-range plans and budget recommendations for the Board's consideration; 5.4.6 Allocate budgeted resources to accommodate personnel, equipment and IGET activities; and 5.4.7 Report to the Board on IGET activities and management functions ? as outlined above in this section 5.4. t IGET IGA PAGE 3 of 9 5.5 The Board shall designate at least one Supervisor (IGET Supervisor). A person designated an IGET Supervisor shall be a supervisory member of a participating agency and shall be assigned full-time to IGET. The supervisor's responsibilities shall be outlined in the operational procedures and shall include, but not be limited to, the following: 5.5.1 Plan and manage operational activities of IGET. 5.5.2 Direct the day-to-day activities of IGET, including: 5.5.2.1 Assign investigations and other tasks to IGET Members (A "IGET Member" is a law enforcement officer assigned by the officer's employing agency to IGET.); 5.5.2.2 Schedule IGET Team Members, including scheduling that may result in overtime eligibility under the applicable personnel rules and collective bargaining agreements of participating agencies; 5.5.2.3 Review and approve investigative reports; 5.5.2.4 Monitor personnel performance and make appropriate recommendations to the IGET Member, IGET Administrator or IGET Member's agency supervisor; and 5.5.2.5 Serve as a liaison with other law enforcement agencies concerning IGET. 5.5.3 IGET Members shall be subject to the internal policies and procedures of their own departments with respect to personnel administration, payroll reporting, overtime eligibility, off-duty conduct, discipline, internal affairs reporting, mandatory training and other like administrative matters not directly related to IGET operations. 5.5.4 The IGET Chair, IGET Administrator, and. IGET Supervisor shall have no authority to discipline any IGET Member from an agency other than their own. The IGET Chair, Administrator and Supervisor shall follow the disciplinary policies and procedures of their own agencies with respect to IGET Members from their own agency. 5.5.5 The IGET Administrator may summarily remove any IGET Member from active participation in IGET operations. Such IGET IGA PAGE 4 of 9 removal is not discipline, but is an operational authority necessary to the effective and cooperative functioning of IGET. In such event, the IGET Administrator shall promptly notify the chief administrative officer of the participating agency that employs the removed IGET member. When reasonably practicable, the IGET Administrator shall confer with the affected IGET member's chief administrative officer before removing the member from active participation in IGET operations. 6. IGET EVIDENCE HANDLING. Evidence and seized property shall be handled through a mutually agreed upon participating agency. All reports shall be maintained by the mutually agreed upon agency under its policies and procedures. This provision does not apply to cases in which IGET serves in an advisory capacity to another law enforcement agency. 7. IGET FUNDING. 7.1 All personnel costs, including wages and benefits, and incidental items of personal equipment, shall be the responsibility of the participating agency assigning a person to the team. 7.2 Any participating agency may assign to its participating IGET Members such capital equipment, for such times and under such restrictions, as it deems appropriate. Such equipment shall not be considered assets of IGET, and are not subject to distribution as provided in Paragraph 16 hereof. 7.3 IGET operations may involve certain operating expenses including, but not limited to, supplies and consumables, "buy money," and informant compensation. The Board shall annually, at a time consistent with the requirements of the various participating agency's budgeting process, meet and confer regarding projected operational expenses for the ensuing fiscal year. Board members shall attempt to reach a consensus regarding projected operational expenses for the ensuing fiscal year, but in case of impasse, the estimation of a majority of the Board shall be considered the best estimate of projected operational expenses for the ensuing fiscal year. 7.4 The Chief Administrative Officer of each participating agency shall be notified of the Board's best estimate of projected operational expenses for the ensuing fiscal year. The Chief Administrative Officer shall consider the estimate in preparing and recommending to the agency's governing body that agency's future budget. The respective fractional share of the projected operational expense for each participating agency shall be equal to the ratio of that agency's assigned IGET Members to the total number IGET IGA PAGE 5 OF 9 of IGET Members. In making this calculation, the number of IGET Members shall be the average number of IGET Members per month since the beginning of the current fiscal year, and the number of an agency's IGET members shall be the average number of IGET Members from the agency over the same period of time. The amount determined under this section 7 is a suggested budgetary amount, not a mandatory amount. 7.5 If a participating agency is unable to appropriate its full share of IGET operational expenses, the agency shall be deemed to have failed to cooperate as required by section 4 of this Agreement. Breach of this Agreement by a failure to cooperate for reasons of an agency's non- appropriation or substantial under-appropriation of funds for the operation of IGET shall be grounds for the removal of the uncooperative agency from IGET. 7.6 The Washington County Finance Department shall serve as Fiscal Agent for the purposes of this Agreement. 7.7 The IGET Administrator shall ensure that an audit is conducted at least annually on the expenditure of confidential funds and the record keeping of the IGET, to assure that accounting and expenditures are in accordance with legal and contractual obligations, and to assure that receipts and disbursements are documented and accounted for in accordance with generally acceptable accounting practices for government agencies. 8. RISK ALLOCATION. Each party shall be independently and severally liable for the acts, errors and omissions of its employees and officers, and there shall be no right of indemnity between the parties, but they shall be entitled to assert rights to contribution under ORS 18.430 to 18.460. 9. EMPLOYEE COMPENSATION AND BENEFITS. Each party shall be solely responsible for providing compensation to its employees, payment of employment-related taxes and insurance, and for provision of mandated and contracted benefits, to the same extent as though the employee was not assigned to IGET. Each party shall be responsible for satisfying Workers Compensation requirements for its own employees. 10. ADDITION OF OTHER ENTITIES. Any other law enforcement agency with jurisdiction in Washington County may, with approval of a majority of the Board, become party to this Agreement upon providing to the IGET Administrator a written, unconditional acceptance of all of the provisions of this agreement in the form set forth as Appendix 1. Upon addition of another entity under this Article 10, the IGET Administrator shall promptly notify all other parties. Each such new entity shall have full rights of participation on the User Board from and after the date on which its written acceptance of this Agreement is filed with the IGET Administrator. IGET IGA PAGE 6 OF 9 11. TERM OF AGREEMENT. This Agreement shall be perpetual, until terminated as provided in Article 16. 12. NOTICES. Any notice required by or relating to this Agreement by one party to another shall be sufficient if given in writing by regular mail or personal delivery addressed to the chief law enforcement officer of the party to be notified by the chief law enforcement officer of the party giving the notice. 13. AMENDMENT. This Agreement may be amended by the mutual written agreement of the parties, signed by the duly authorized representative of each. Each party may have and shall follow its own applicable procedures and prerequisites as set forth in its charter, controlling statute, ordinance, rule, regulation, custom or usage with respect to amendment of agreements. Signature on behalf of a party is a representation by the party that all such procedures and prerequisites have been met, and that the person signing is duly authorized to act on behalf of the party. 14. WAIVER. No waiver of any of the provisions of this Agreement shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 15. SEVERABILITY. If any provision, or portions thereof, of this Agreement is held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provision shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of this Agreement containing any provision held to be invalid, void, or otherwise unenforceable, that is not itself invalid, void, or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void, or unenforceable. 16. TERMINATION. Any party to this Agreement may withdraw at any time by giving all other parties 30 days prior notice in writing of its intention to do so. In the event of such withdrawal this Agreement shall remain in full force and effect as to all remaining parties. In the event the team is disbanded, or a participating agency withdraws, the Board shall determine by majority vote of the affected agencies the disposition of equipment and moneys derived from IGET activities and not previously distributed to participating entities. Withdrawal of a party to this Agreement constitutes a release of any and all claim of right, title and interest in and to any and all assets acquired with IGET funds, and any and all assets acquired with proceeds of civil forfeitures generated by IGET activities, save and except for any equipment and moneys distributed as provided in this paragraph. IGET IGA PAGE 7 of 9 WITNESS: The parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below, and by those signatures each party represents that this Agreement has been authorized according to applicable Oregon law, and its charter, ordinances and regulations. WASHINGTON COUNTY, OREGON CITY OF BEAVERTON, OREGON By: By: Chair, Board of Commissioners Mayor Date: Date: Attest: Attest: Clerk of the Board City Recorder Approved: Approved: Sheriff Chief of Police Approved as to form: Approved as to form: L Asst. County Counsel City Attorney n J 9 u IGET IGA PAGE 8 OF 9 CITY OF TIGARD OREGON CITY OF BEAVERTON, OREGON By: By: ay Mayor Date: Date: Attest: Attest: City Recorder City Recorder Approved: Approved: Chief of Police Chief of Police Approved as to form: Approved as to form: e4" City Attomey City Attorney r J u IGET IGA PAGE 9 OF 9 AGENDA ITEM # 8 FOR AGENDA OF February 11, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washington County Interagency Narcotics Team Memorandum of Understanding PREPARED BY: Ronald D. Goodpaster DEPT HEAD OK . P7~ CITY MGR OK ISSUE BEFORE THE COUNCIL The issue before the Council is to approve the Memorandum of Understanding regarding the Tigard Police Department participation on the Washington County Interagency Narcotics Team. STAFF RECOMMENDATION Staff recommends approval of the Memorandum of Understanding. INFORMATION SUMMARY In January, we assigned an officer to the Washington County Interagency Narcotics Team. He joined five other members of that team to become a very effective investigative force regarding narcotics in Washington County. Narcotic investigation can be extremely costly and very manpower intensive. By making this officer available to the team, it has increased our ability to investigate drugs and narcotics in Tigard and also to branch out to those people that distribute from other locations into the City of Tigard. In our Department we do not have adequate personnel to perform this same function to this degree, and we have been very pleased with the response that we have received from this team. Our one officer is teamed with an officer from another department, and they have been extremely successful in identifying drug-use and sale problems. They are very effective in obtaining search warrants and making arrests and seizing narcotics. The need for this team is very important, not only for Tigard but for the Washington County area. Being teamed with multiple agencies gives our officer the ability to work sources of our drugs and narcotics in other jurisdictions. i This has been reviewed by the City Attorney. OTHER ALTERNATIVES CONSIDERED Only other alternative is to try and do the investigation on our own, which we have done in the past and found is somewhat effective but extremely difficult and is a drain on personnel and very expensive. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This area is specifically addressed in our direction statement for the Public Safety Visioning Plan for the Police Department. ATTACHMENT LIST Attached is the Washington County Interagency Narcotics Team (WIN) Memorandum of Understanding. FISCAL NOTES This position is currently funded in the budget and adequate funds are also there to support it. MEMORANDUM TO: Ellen Fox FROM: Cathy Wheatley, City Recorder RE: Washington County Interagency Narcotics Team Memorandum of Understanding DATE: February 12, 2003 Ellen, the attached Memorandum of Understanding was approved by the Tigard City Council at its February 11, 2003, meeting. Once signatures have been obtained, please send an original to the Records Division. Thank you for your help! Attachment I:\ADM\CATHY\MTG-DIST\030211 NARCOTICS TEAM MOU.DOC L C i i i iWIN MEMORANDUM OF UNDERSTANDING Washington County Sheriff's Office Beaverton Police Department Hillsboro Police Department Tigard Police Department Together with such other entities as may hereafter become parties as provided in Article 10 hereof. This Agreement is made for the purpose of securing to each party the benefits of mutual assistance in addressing common problems and goals specifically related to the enforcement of state and federal drug laws. Terms and Conditions: 1. DECLARATIONS. This Agreement creates an interagency cooperative team for the purpose of sharing information and jointly managing resources for the enforcement of laws concerning trafficking in controlled substances. To that end the parties declare that: 1.1. This Agreement does not create a separate intergovernmental entity; 1.2. Each party's participation herein is as an equal, and shall depend on separate adoption and administration of policies and procedures consistent with continued cooperation hereunder; and 1.3. The User Board herein created is not a governing body, but is a forum to promote the cooperation and coordination of drug law enforcement in and around Washington County, to resolve potential conflicts and to recommend appropriate operational procedures to the several participating agencies. 2. GOALS. The Westside Interagency Narcotics Team (WIN or WIN Team) shall have + as its overall goals: 2.1. To detect and apprehend drug manufacturers and traffickers; f 2.2. To gather and disseminate narcotics and related intelligence information within the participating entities and among other criminal justice agencies affected by that information; and 2.3. To enhance and maintain an effective spirit of continuing cooperative efforts among the area criminal justice agencies. 71 3. OBJECTIVES. WIN shall pursue the following objectives toward achieving its goals: 3.1. Identify and apprehend individuals responsible for significant criminal drug activity; 3.2. Suppress patterns of major criminal drug activity within the Washington County area; 3.3. Enhance cooperation among police and prosecuting agencies within the Portland metropolitan region; 3.4. Enhance the coordination of effort and resources of the participating criminal justice agencies; and 3.5. Establish a central collection point for information relating to criminal drug activity within the region, available to all law enforcement agencies in Washington County. 4. COOPERATION. Each participating agency assumes an obligation of good faith cooperation to provide all reasonable assistance and resources to and with other participating agencies in implementing the purposes of the Agreement. 5. STRUCTURE. 5.1 The administrators of each participating entity must respond to their respective governing bodies. To assure the activities of WIN are responsive to the individual governing bodies of the participating agencies, the parties hereby create the WIN User Board ("the Board"). The Board shall consist of the chief administrator of the law enforcement department of each participant, or the designee of such administrator in that administrator's absence. The Board shall meet at least monthly, and at any time upon request of a participating agency. Each Board member shall have equal voice in the conduct of the Board's business. A quorum L is not required for the Board to conduct its business. C 5.2 There shall be a Chair of the Board (WIN Chair). The WIN Chair must be a department head from a participating agency that has assigned a full- time investigator to WIN. The Chair shall serve for a term of one calendar year. Board members shall select the Chair by a majority vote of those Board members in attendance at the Board's last meeting before the start i of a new calendar year. 5.3 The Board shall coordinate development of operational procedures applicable to WIN. The Board may not make policy or administrative decisions, but may provide a forum for the discussion of such issues for WIN MEMORANDUM OF UNDERSTANDING PAGE 2 OF 9 benefit of the individual Board members. The individual Board members may independently make recommendations to their respective governing bodies on policy or administration that affect WIN. A policy or administrative recommendation of a Board member concerning WIN is not binding upon the Board member's participating agency. 5.4 The Board shall designate one Administrator (WIN Administrator). The WIN Administrator shall be a managerial member of a participating agency, but need not be assigned full-time to WIN. The WIN Administrator shall have the following responsibilities: 5.4.1 Attend and participate in the discussions of the Board; 5.4.2 Establish WIN operational procedures consistent with the direction of the Board and the policies and procedures of each participating agency; 5.4.3 Establish WIN operational priorities; 5.4.4 Evaluate WIN activities and WIN Team Members; 5.4.5 Prepare long-range plans and budget recommendations for the Board's consideration; 5.4.6 Allocate budgeted resources to accommodate personnel, equipment and WIN activities; and 5.4.7 Report to the Board on WIN activities and management functions as outlined above in this section 5.4. 5.5 The Board shall designate at least one Supervisor (WIN Supervisor). A person designated a WIN Supervisor shall be a supervisory member of a participating agency and shall be assigned full-time to WIN. The supervisor's responsibilities shall be outlined in the operational procedures and shall include, but not be limited to, the following: L r 5.5.1 Plan and manage operational activities of WIN. 5.5.2 Direct the day-to-day activities of WIN, including: a 9 5.5.2.1 Assign investigations and other tasks to WIN Team i Members (A "WIN Team Member" is a law enforcement officer assigned by the officer's employing agency to WIN.); 5.5.2.2 Schedule WIN Team Members, including scheduling that may result in overtime eligibility WIN MEMORANDUM OF UNDERSTANDING PAGE 3 OF 9 under the applicable personnel rules and collective bargaining agreements of participating agencies; 5.5.2.3 Review and approve investigative reports; 5.5.2.4 Monitor personnel performance and make appropriate recommendations to the WIN Team Member, WIN Administrator or WIN Team Member's agency supervisor; and 5.5.2.5 Serve as a liaison with other law enforcement agencies concerning WIN. 5.5.3 WIN Team Members shall be subject to the internal policies and procedures of their own departments with respect to personnel administration, payroll reporting, overtime eligibility, off-duty conduct, discipline, internal affairs reporting, mandatory training and other like administrative matters not directly related to WIN operations. 5.5.4 The WIN Chair, WIN Administrator, and WIN Supervisor shall have no authority to discipline any WIN Team Member from an agency other than their own. The WIN Chair, Administrator and Supervisor shall follow the disciplinary policies and procedures of their own agencies with respect to WIN Team Members from their own agency. 5.5.5 The WIN Administrator may summarily remove any WIN Team Member from active participation in WIN operations. Such removal is not discipline, but is an operational authority necessary to the effective and cooperative functioning of WIN. In such event, the WIN Administrator shall promptly notify the chief administrative officer of the participating agency that employs the removed WIN member. When reasonably practicable, the WIN Administrator shall confer with the affected WIN member's chief • administrative officer before removing the member from active participation in WIN operations. i 6. WIN EVIDENCE HANDLING. Evidence and seized property shall be handled through a mutually agreed upon participating agency. * All reports shall be maintained by the mutually agreed upon agency under its policies and procedures. This provision does not apply to cases in which WIN serves in an advisory capacity to another law enforcement agency. 7. WIN FUNDING. WIN MEMORANDUM OF UNDERSTANDING PAGE 4 OF 9 7.1 All personnel costs, including wages and benefits, and incidental items of personal equipment, shall be the responsibility of the participating agency assigning a person to the team. 7.2 Any participating agency may assign to its participating WIN Team Members such capital equipment, for such times and under such restrictions, as it deems appropriate. Such equipment shall not be considered assets of WIN, and are not subject to distribution as provided in Paragraph 16 hereof. 7.3 WIN operations may involve certain operating expenses including, but not limited to, office space rental, supplies and consumables, "buy money," and informant compensation. The Board shall annually, at a time consistent with the requirements of the various participating agency's budgeting process, meet and confer regarding projected operational expenses for the ensuing fiscal year. Board members shall attempt to reach a consensus regarding projected operational expenses for the ensuing fiscal year, but in case of impasse, the estimation of a majority of the Board shall be considered the best estimate of projected operational expenses for the ensuing fiscal year. 7.4 The Chief Administrative Officer of each participating agency shall be notified of the Board's best estimate of projected operational expenses for the ensuing fiscal year. The Chief Administrative Officer shall consider the estimate in preparing and recommending to the agency's governing body that agency's future budget. The respective fractional share of the projected operational expense for each participating agency shall be equal to the ratio of that agency's assigned WIN Team Members to the total number of WIN Team Members. In making this calculation, the number of WIN Team Members shall be the average number of WIN Team Members per month since the beginning of the current fiscal year, and the number of an agency's WIN tam members shall be the average number of WIN Team Members from the agency over the same period of time. The amount determined under this section 7 is a suggested budgetary amount, not a mandatory amount. 7.5 If a participating agency is unable to appropriate its full share of WIN operational expenses, the agency shall be deemed to have failed to cooperate as required by section 4 of this Agreement. Breach of this Agreement by a failure to cooperate for reasons of an agency's non- appropriation or substantial under-appropriation of funds for the operation of WIN shall be grounds for the removal of the uncooperative agency from WIN. 7.6 The Washington County Finance Department shall serve as Fiscal Agent for the purposes of this Agreement. WIN MEMORANDUM OF UNDERSTANDING PAGE 5 OF 9 7.7 The WIN Administrator shall ensure that an audit is conducted at least annually on the expenditure of confidential funds and the record keeping of the WIN Team, to assure that accounting and expenditures are in accordance with legal and contractual obligations, and to assure that receipts and disbursements are documented and accounted for in accordance with generally acceptable accounting practices for government agencies. 8. RISK ALLOCATION. Each party shall be independently and severally liable for the acts, errors and omissions of its employees and officers, and there shall be no right of indemnity between the parties, but they shall be entitled to assert rights to contribution under ORS 18.430 to 18.460. 9. EMPLOYEE COMPENSATION AND BENEFITS. Each party shall be solely responsible for providing compensation to its employees, payment of employment-related taxes and insurance, and for provision of mandated and contracted benefits, to the same extent as though the employee was not assigned to WIN. Each party shall be responsible for satisfying Workers Compensation requirements for its own employees. 10. ADDITION OF OTHER ENTITIES. Any other law enforcement agency with jurisdiction in Washington County may, with approval of a majority of the Board, become party to this Agreement upon providing to the WIN Administrator a written, unconditional acceptance of all of the provisions of this agreement in the form set forth as Appendix 1. Upon addition of another entity under this Article 10, the WIN Administrator shall promptly notify all other parties. Each such new entity shall have full rights of participation on the User Board from and after the date on which its written acceptance of this Agreement is filed with the WIN Administrator. 11. TERM OF AGREEMENT. This Agreement shall be perpetual, until terminated as provided in Article 16. 12. NOTICES. Any notice required by or relating to this Agreement by one party to another shall be sufficient if given in writing by regular mail or personal delivery addressed to the chief law enforcement officer of the party to be notified by the chief law enforcement officer of the party giving the notice. i 13. AMENDMENT. This Agreement may be amended by the mutual written agreement of the parties, signed by the duly authorized representative of each. Each party may have and shall follow its own applicable procedures and prerequisites as set forth in its charter, i controlling statute, ordinance, rule, regulation, custom or usage with respect to amendment of agreements. Signature on behalf of a party is a representation by the party i that all such procedures and prerequisites have been met, and that the person signing is duly authorized to act on behalf of the party. 14. WAIVER. No waiver of any of the provisions of this Agreement shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to WIN MEMORANDUM OF UNDERSTANDING PAGE 6 OF 9 exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 15. SEYERABILITY. If any provision, or portions thereof, of this Agreement is held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provision shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of this Agreement containing any provision held to be invalid, void, or otherwise unenforceable, that is not itself invalid, void, or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void, or unenforceable. 16. TERMINATION. Any party to this Agreement may withdraw at any time by giving all other parties 30 days prior notice in writing of its intention to do so. In the event of such withdrawal this Agreement shall remain in full force and effect as to all remaining parties. In the event the team is disbanded, or a participating agency withdraws, the Board shall determine by majority vote of the affected agencies the disposition of equipment and moneys derived from WIN activities and not previously distributed to participating entities. Withdrawal of a party to this Agreement constitutes a release of any and all claim of right, title and interest in and to any and all assets acquired with WIN funds, and any and all assets acquired with proceeds of civil forfeitures generated by WIN activities, save and except for any equipment and moneys distributed as provided in this paragraph. C 7 i i I I 1 ti t i WIN MEMORANDUM OF UNDERSTANDING PAGE 7 OF 9 WITNESS: The parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below, and by those signatures each party represents that this Agreement has been authorized according to applicable Oregon law, and its charter, ordinances and regulations. Washington County Sheriffs Office By: Printed Name: Title: Date: City of Beaverton Police Department By: Printed Name: Title: Date: City of Hillsboro Police Department By: Printed Name: Title: Date: WIN MEMORANDUM OF UNDERSTANDING PAGE 8 OF 9 City of Tigard Police Department By: Printed Name: Title: Date: WIN MEMORANDUM OF UNDERSTANDING PAGE 9 OF 9 AGENDA ITEM # 17 FOR AGENDA OF February 11, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Interagency Clandestine Drug Lab Response Team Agreement PREPARED BY: Ronald D. Goodpaster DEPT HEAD OK CITY MGR OK ylpq-_ ISSUE BEFORE THE COUNCIL The issue before the Council is to approve this Memorandum of Understanding regarding the establishment of an Interagency Clandestine Drug Lab Response Team among the law enforcement agencies located in Washington County. STAFF RECOMMENDATION Staff recommends approval of this Memorandum of Understanding. INFORMATION SUMMARY Investigating drug labs in Washington County is a huge problem. Last year there were over 60 drug labs that were investigated in Washington County, and several of those were in the City of Tigard. Due to officer safety and OSHA requirements, you need to have people that are specifically equipped and trained to investigate a drug lab. The training and equipment is very expensive, and it is very difficult for any one department to have adequate personnel to investigate one of these labs. We entered into an informal agreement with other agencies in Washington County to share our personnel. As a result, two of our police officers have been trained and equipped, primarily at Federal expense, to be members of this proposed drug lab response team. There are currently 22 officers in Washington County that are certified and equipped to investigate drug labs, and our two members are an important part of that team. We cannot investigate drug labs in Tigard with just the two people we have and have had to rely heavily on other agencies to assist us. This Memorandum of Understanding was designed to only request police chiefs' of the cities involved approval and signature; however, I wanted to refer it to you for your review and approval, also. This has been reviewed by the City Attorney. OTHER ALTERNATIVES CONSIDERED There are no other alternatives to the investigation of drug labs without additional considerable expense. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The topic of "community safety" is well included in the direction statement of our Public Safety Visioning Plan for the Tigard Police Department. ATTACHMENT LIST The Memorandum of Understanding regarding the establishment of an Interagency Clandestine Drug Lab Response Team among the Oregon law enforcement agencies located in Washington County, Oregon. FISCAL NOTES The fiscal impact is minor and is included in the existing budget. Memorandum of Understanding Regarding the Establishment of an Interagency Clandestine Drug Lab Response Team Among the Law Enforcement Agencies Located in Washington County, Oregon THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and among the undersigned units of local governments located in Washington County, Oregon. WHEREAS, the parties desire to establish an accepted means to coordinate the efficient and effective delivery of mutual aid between and among Washington County area law enforcement agencies in relation to the investigation of clandestine labs, and; WHEREAS, the parties desire to provide mutual aid to one another at a reasonable cost by eliminating duplication where feasible and making the most efficient and effective use of their resources; 1. DEFINITIONS The following definitions shall be used in construing the following words, phrases and abbreviations in this memorandum of understanding. A. Agency of Primary Jurisdiction: The law enforcement agency within whose jurisdictional boundaries a suspected clandestine lab is located. In instances where aspects of the clandestine lab occur within more than one agency's jurisdictional boundaries, the agency of primary jurisdiction shall be determined by agreement of the affected agencies. B. Chief Administrator: The highest ranking law enforcement officer of a local police agency or his/her designee. C. District Attorney: The District Attorney for Washington County, Oregon, or his/her designee. D. Manufacturing of Controlled Substances (clandestine labs): Includes all suspected clandestine drug labs and may also include other suspected crimes. E. TEAM: The Westside Interagency Clandestine Laboratory Response team. Interagency Clandestine Drag Lab Response Team Memorandum of Understanding 1 F. Team member: Members of the Interagency Clandestine Laboratory Response team. G. WCCCA: The Washington County Consolidated Communications Agency. 2. TEAM COMPOSITION The team is composed of lab technicians, investigators, and investigative supervisors. Additionally, the Chief Administrator of each participating agency and the District Attorney are team members. The nature of each position on the team is more particularly described below. A. Lab Technicians. Lab technicians are selected by their agency's Chief Administrator to be a part of the team. Lab technicians process, clean up and package evidence of a,clandestine lab. An individual selected to be a lab technician for the team will receive specialized training and equipment to adequately process, clean up and package evidence of clandestine labs. B. Investigator: Investigators are peace officers selected to conduct follow- up investigations of Clandestine Drug Labs. The assigned investigator may or may not be a member of the Westside Interagency Narcotics team. C. Investigative Supervisor. Investigative Supervisor is that person who has been placed in charge of the Westside Interagency Narcotics team. The investigative supervisor supervises, controls, coordinates, and directs the efforts of the lab technicians assigned to the team whenever a team is assigned to process, clean up and package evidence of a clandestine drug lab. The investigative supervisor also acts as a liaison to the Chief Administrator of the agency of primary jurisdiction by assuring that the Chief Administrator and the public information officer of the agency of primary jurisdiction are adequately and regularly briefed on the progress of the investigation processing, clean up and packaging of evidence of a clandestine lab. D. Lab Technician Supervisor. The Lab Technician Supervisor is that person who has been placed in charge of the day-today and call-to-call functions of the Clandestine Drug Lab team. Interagency Clandestine Drug Lab Response Team Memorandum of Understanding 2 Depending upon personnel commitments made by the participating agencies and other unforeseen situations present at any given time, the Lab Technician Supervisor may also be the Investigative Supervisor or his/her designee. E. Site Safety Officers. Site safety officers are investigators who have been trained and qualified as site safety officers through Drug Enforcement Administration (DEA). At least one site safety officer will be present during all clandestine labs to insure safety for the investigators, lab technicians and the public. The Site Safety Officers are in charge of the lab scene and supercede the Investigative Supervisor's and/or the Lab Technician Supervisor's authority at the lab site unless the Investigative Supervisor and/or the Lab Technician Supervisor are also a Site Safety Officer. F. Case Agent. The case agent is the investigator assigned by the Investigative Supervisor to be in charge of the actual investigation. The case agent will be responsible for the investigation, all reports pertaining to the investigation, all notifications and follow up pertaining to the investigation. The Chief Administrator of the agency of primary jurisdiction has the authority to assign the follow up investigation, via the Investigative Supervisor, to the Westside Interagency Narcotics team or to the agency of primary jurisdiction investigator. G. Chief Administrators. The Chief Administrator of each participating agency is a part of the team. The Chief Administrator is responsible for selecting individuals to fill team positions and to make decisions as defined by this Memorandum of Understanding. H. The District Attorney. The District Attorney works in coordination with the other team members to provide legal advice as needed or requested, review all the evidence collected, and determine the best avenue for prosecution of any suspects. 3. TEAM ROSTER A roster of all team members and the positions they fill on the team must be compiled and distributed to facilitate the efficient and effective activation of the team. The Investigative Supervisor will be responsible for maintaining a roster of qualified team members. WCCCA will maintain a list of all team members and contact numbers. 4. REQUESTS TO ACTIVATE THE TEAM Interagency Clandestine Drug Lab Response Team Memorandum of Understanding 3 To request activation of the team an on-scene supervisor must contact the Investigative Supervisor, the Lab Technician Supervisor or one of the two Site Safety Officers. The decision whether to request activation of the team is always left to the discretion of the agency of primary jurisdiction. The decision whether to grant the request to activate the team and, if so, how many members of the team to activate, may be made by either the Investigative Supervisor, the Lab Technician Supervisor or the Chief Administrator of the on- scene supervisor's agency. 5. NOTIFICATION OF DECISION WHETHER TO ACTIVATE Once the Investigative Supervisor, the Lab Technician Supervisor or the Chief Administrator of the on-scene supervisor's agency has made the decision about whether to activate the team and, if so, how many of the members to activate, the Investigative Supervisor, the Lab Technician Supervisor or the Chief Administrator shall notify the on-scene supervisor of the decision. The decision whether to activate the team is always left to the discretion of the Investigative Supervisor, the Lab Technician Supervisor or the Chief Administrator of the on-scene supervisor's agency. A. Denial of Request. The fact that the decision is made not to activate the team does not preclude the agency that requested activation from requesting mutual aid from other agencies in Washington County pursuant to any then existing mutual aid protocols. B. Granting of Request. If the decision is made to activate the team, the duty supervisor of the agency of primary jurisdiction shall be notified by the Investigative Supervisor or the Lab Technician Supervisor. The Investigative Supervisor or the Lab Technician Supervisor will then notify the appropriate team members. The decision to activate the team does not limit the resources the agency of primary jurisdiction may commit to an investigation. 6. Call Out The Investigative Supervisor, the Lab Technician Supervisor or his/her designee will notify members of the call out. The call out procedures are described in more detail below. A. Investigative Supervisor/Lab Technician Supervisor. The Investigative Supervisor or the Lab Technician Supervisor will notify Interagency Clandestine Drug Lab Response Team Memorandum of Understanding 4 one of the site safety officers who will then respond with one other lab technician to evaluate the situation on scene. Once the situation is evaluated the Investigative Supervisor or the Lab Technician Supervisor will be notified of the Site Safety Officers recommendations. Once it is determined that entry will be made into a clandestine lab all necessary team members will be notified to respond on-scene. B. Public Information Officers. The public information officer of the agency of primary jurisdiction should be notified whenever the team responds to a clandestine lab site. If an agency has not designated a public information officer, or if the public information officer is unavailable when the team is called out, the agency should promptly notify an alternate choice for its public information officer. The alternate public information officer may be another agency's public information officer if the other agency consents to the designation. 7. MEDIA RELATIONS Any requests for the release or confirmation of information concerning the investigation should be referred to the assigned public information officer. (The public information officer will be designated by the agency of primary jurisdiction.) 8. RESPONSE When activated, the team will respond to the location designated by the agency of primary jurisdiction. 9. DEACTIVATION The team assigned to investigate a clandestine lab may be deactivated at any time for any reason at the direction of the agency of primary jurisdiction. Additionally, the employer of a team member assigned to investigate a clandestine lab may recall the team member at the employer's sole discretion at any time. 10. TRAINING Interagency Clandestine Drug Lab Response Team Memorandum of Understanding 5 Participating agencies will provide continuing training to its team members in the area of clandestine lab investigations to the extent resources are available to the agency for such training. 11. EQUIPMENT Each member of the team should have a vehicle and a pager available for his or her use. Each member of the team shall have an Air Purifying Respirator (A.P.R) available for his or her use. The agency supplying the team member will be responsible for supplying the pager, the vehicle, and A.P.R. Each team member shall also be properly equipped to enter into a clandestine lab. (SCBA, Hazardous Material suit, etc.) A complete list of equipment needed will be supplied to the agency supplying the team member once the decision has been made to assign the member. 12. CONTROL AND DIRECTION OF PERSONNEL AND EQUIPMENT The Investigative Supervisor and the Lab Technician Supervisor are fully responsible for the supervision and control of the personnel and equipment pursuant to this memorandum of understanding once the personnel and equipment respond to the location designated by the agency of primary jurisdiction. This responsibility shall continue until the personnel or equipment is deactivated or the responsibility is reassigned. 13. LIABILITY AND INDEMNITY A decision to refuse to activate the team, or a decision to deactivate the team once it has been activated, or to recall a team member assigned to investigate a particular clandestine lab shall not be a basis upon which a participating agency may impose liability for damages upon another participating agency. Each agency shall remain responsible for the acts or omissions of its respective employees. Notwithstanding that the employee acted under the supervision and control of the agency of primary jurisdiction. Each agency shall remain responsible for the ordinary wear and tear and routine maintenance of its respective equipment, notwithstanding that the equipment is used under the supervision and control of the agency of the primary jurisdiction. Interagency Clandestine Drug Lab Response Team Memorandum of Understanding 6 Each agency shall remain solely responsible for workers compensation claims by its employees, notwithstanding that the injury complained of occurs while under the supervision and control of the agency of primary jurisdiction. Except as otherwise provided in this memorandum of understanding, the parties shall indemnify each other, if applicable, under common law indemnity principles. 14. FINANCE, COSTS, AND ACCOUNTING Each participating agency shall pay all wages and benefits due any of its personnel, including overtime pay, worker's compensation benefits and death benefits, as if those employees were on duty working directly for agency by which he or she is employed. Each participating agency shall pay for the ordinary wear and tear and routine maintenance of its equipment. Each participating agency shall pay for the repair or replacement of its own property if the property is damaged by the sole fault of its own employee. Expenses incurred in the nature of travel, meals, and lodging and other expenses not otherwise specifically mentioned here shall be paid by one or more of the participating agencies in a manner determined on a case-by-case basis. 15. DURATION OF UNDERSTANDING This memorandum of understanding shall take effect when authorized representatives of the participating law enforcement agencies have signed it. The understanding shall continue indefinitely, until amended or terminated. 16. ADDITIONAL PARTIES Any Washington County area law enforcement agency not a party to this memorandum of understanding when it becomes effective may become a party to it by signing the memorandum of understanding after being authorized to do so by its governing body. Upon the signing of the memorandum of understanding by the additional party, the memorandum of understanding shall become binding among all the parties that have signed it. Interagency Clandestine Drug Lab Response Team Memorandum of Understanding 7 17. TERMINATION, SUSPENSION OR WITHDRAWAL FROM MEMORANDUM OF UNDERSTANDING Upon mutual consent of all the parties, this memorandum of understanding may be terminated at any time. Any law enforcement agency that is a party to this memorandum of understanding may withdraw from it upon giving written notice to the other participating agencies, provided that such notice shall not be given while the agency seeking to withdraw is actively receiving aid from any other participating agency. Upon an agency's withdrawal from this memorandum of understanding, the memorandum of understanding shall remain in effect as among the remaining parties. The District Attorney may withdraw from this memorandum of , understanding only upon providing thirty days' advance notice to the other participating agencies. 18. WAIVER The failure of any party to enforce a provision of this memorandum of understanding shall not constitute a waiver by it of that or any other provision. 19. CAPTIONS Captions and headings used in this memorandum of understanding are inserted for convenience of reference only and are not intended to affect the interpretation or construction of the understanding. 20. PARTIAL INVALIDITY Whenever possible, each provision of this memorandum of understanding shall be interpreted in such a way as to be effective and valid under applicable law and consistent with the Intergovernmental Agreement For Mutual Aid Among Law Enforcement Agencies Located In Washington County, Oregon. If any provision of this memorandum of understanding is adjudged invalid, such adjudication shall not affect the remainder of such provision or the remaining provisions of this document, if such remainder would then continue to conform with the terms and requirements of applicable law and the intent of this memorandum of understanding. 21. AMENDMENTS Interagency Clandestine Drug Lab Response Team Memorandum of Understanding 8 This memorandum of understanding may only be amended in writing, acknowledged by the authorized signature of all parties. 22. SIGNATORIES' AUTHORITY TO ENTER INTO MEMORANDUM OF UNDERSTANDING Every person signing this memorandum of understanding hereby represents to all the others that they are fully authorized by their unit of local government to enter into the memorandum of understanding. IN WITNESS WHEREOF, the patties by the signatures of their authorized representatives have executed this memorandum of understanding effective on the date shown by each signature. City of Banks By: Printed Name: Title: Date: City of Beaverton r ~ By: lf. Printed Name: David G. Bishop Title: Chief of Police Date: November 15, 2002 >D U Interagency clandestine Drug Lab Response Team Memorandum of Understanding 9 City of Cornelius By: Printed Name: V, & h Title: Can p Op P-0 < < r- V Date: l 1-I~l - 7- ooZ Cit of Forest Grove "7~ - \Qa BY: . Cdr -ter. Printed Name: Title: Date: City of Gaston By: f Z-14 Printed Name: 1`'lar~ L - \Ay1SJc.t e Title: Date: /1-/N -c z_ Cit of Hills oro By: L Printed Name: r2/yvN A, s[.c-fkx) Title: CC3i/1A.V1n, AN4 l o Date: 1 9 u i Interagency Clandestine Drug Lab Response Team Memorandum of Understanding 10 Cit of T in By. Printed Name: C~+~ l~ ~C►'z-• Title: Q-.;lt&P oC-Ckwt.*- Date: t1- IMF - b 7 - Washington County Consolidated Communications Agency By: Printed Name: Title: Date: Washington County Sheriff's Office By: Printed Name: nr GP ~o Title: Date: Y -01z Washington County District Attorney's Office By:a ' Printed Name: e06 Title: Date: w / zoo Interagency Clandestine Drug Lab Response Team Memorandum of Understanding 12 City of King Citv By: Printed Name: Title: Date: Oregon State Police By: Printed Name: Title: Date: City of Sherwood By: Printed Name: Title: Date: City of Tigard Printed Name: QO rAjA D. Gooo p14 I ZD, - Title: e¢~ Date: I I Z5"--O 2 Interagency clandestine drug Lab Response Team Memorandum of Understanding 11 AGENDA ITEM # /n FOR AGENDA OF February 11, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amend the Tigard Municipal Code to clarify City authority to audit payments made to the City PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR OK v&n\ ISSUE BEFORE THE COUNCIL Should the Council amend the Tigard Municipal Code to add a new section clarifying the City's authority to audit payment made to the City? STAFF RECOMMENDATION Approve the Code amendment INFORMATION SUMMARY This issue has arisen in conjunction with the joint audit of franchised utilities by Oregon cities. The City of Tigard and many other cities include provisions in their franchises reserving the right to audit franchise fee payments. Many cities do not have these provisions in their franchises. Some utilities question the right of cities without these provisions in their franchises to audit franchise fee payments. Most city attorneys argue that cities have the right to audit payments made to cities under their general police powers and Home Rule authority. Because of this, and the fact that most of Tigard's franchises specifically mention audit authority, this code amendment does not grant any authority that the City does not already have. It does, however confirm that authority and it ensures that the audit authority is applied in a consistent manner to all payments made to the City regardless of origin. In addition to clarifying existing City authority, this code amendment also establishes certain standards to be applied to the conduct of audits, particularly, interest charged for significant underpayments and recovery of audit costs if underpayments exceed 5% of amounts due. OTHER ALTERNATIVES CONSIDERED Do not amend Tigard Code. Tigard will still have authority to audit franchises and other payments, but may experience protracted discussions with potential auditees about City authority. In addition, the City would not have clear or consistent guidelines for applying interest on past due amounts or recovery of audit costs. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA ATTACHMENT LIST Ordinance FISCAL NOTES There are no costs associated with this code amendment, The provisions related to interest charged on past due amounts and recovery of audit costs may help to offset City audit costs. AGENDA ITEM # I FOR AGENDA OF February 11, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _ Youth Fgrum Activity U d to PREPARED BY:__Lli.&bc~ th AUn NSwto VEPT HEAD OK CITY MGR OK Ate" - _ff ISSUE BEFORE THE COUNCIL This is an update for the Council on the activities of the Youth Forum. STAFF RECOMMENDATION No action necessary, this is an information item. INFORMATION SUMMARY The Mayor's Youth Form was convened in February 2001. The group meets monthly and is comprised of representatives of the faith community, service clubs, local businesses, youth program service providers, the Tigard-Tualatin School Matrict, city staff, members of city council, and the mayor. The Mayor's Youth Forum was initiated to facilitate addressing the needs of youth in the community, particularly those of middle school age. During the first year, the mayor's Youth Forum worked on expanding the After School program offered at the Middle Schools. The program only ran for an hour after school so many of the participants were arriving home before their parents. The expanded program added an hour of supervised but less structured activities, included a snack, and ended at 5:45 PM when more parents would be home from work. This program served primarily students that were not involved in athletics, did not have financial resources to pay for other more expensive options, and would otherwise be unsupervised after school. The more structured programs of the first hour were offered at minimal cost with scholarships available, and the second hour was free. The second hour of the program is temporarily on hold while the district evaluates resources for funding the program. 6 Students in grades 7, 9, and 1 I took the Search Institutes Youth Assets survey in the fall of 2001. The results reveal 2 that those students on average have about 21 of the 40 assets that are needed to help them succeed. Over the last year, the Mayor's Youth Forum has been developing tools to get youth involved in the community to complement the school district's efforts to help students achieve. The next steps are to initiate a Youth Council that would get youth involved in community issues, volunteer efforts, and the identification, development, and implementation of solutions to issues facing youth in our community. Potential Youth Council members will be identified at the next Youth Forum meeting. During the next year, the Mayor's Youth forum will work with the Youth Council members to set a structure, goals, and objectives for the Youth Council. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AM ACTION COMM TTEE STRATEGY Schools and Education Goal #1, Strategy #1: "Identify community resources for supporting/providing recreation and activity programs for young people." ATTACHMENT LIST None FISCAL NOTES