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F, v G.3~„;4.:`5ta,vi>.'itr. .U, .•y,. i - 4 J Revised 4/15/03 - COUNCIL PRESIDENT AGENDA CITY OF TIGARD OREGON PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 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 date by calling: 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - APRIL 15, 2003 page 1 AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING APRIL 15, 2003 6:30 PM 1. WORKSHOP MEETING 1.1 Call to Order - City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non Agenda Items 6:35 PM 2. JOINT MEETING WITH THE INTERGOVERNMENTAL WATER BOARD - UPDATE ON LONG-TERM WATER SUPPLY • Staff Report: Public Works Staff 7:20 PM 3. REVIEW OF SKATE PARK SITE CRITERIA • Staff Report: Public Works Staff 7:30 PM 4. UPDATE ON THE COMMUNICATION PLAN • Staff Report: Administration Staff 7:45 PM 5. DISCUSSION ON DOWNTOWN LONG-TERM REDEVELOPMENT STRATEGY • Staff Report: Community Development Staff 8:15 PM 6. UPDATE ON THE WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES (WCCLS) FUNDING FORMULA • Staff Report: Library Staff 8:30 PM 7. CITY MANAGER REVIEW PROCESS DISCUSSION 8:45 PM 8. DISCUSSION OF PGE INFORMATION • Request for support in opposition to potential condemnation of PGE by Multnomah County • Clean wind power option COUNCIL AGENDA - APRIL 15, 2003 page 2 8:55 PM 9. COUNCIL LIAISON REPORTS 9:00 PM 10. NON-AGENDA ITEMS 9:35 PM 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable 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. 10:15 PM 12. ADJOURNMENT I:WDKCATFMCCA\030415BILL'S REVISE.DOC COUNCIL AGENDA APRIL 15, 2003 page 3 AGENDA TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW M ww RC44 4 5, 2003 - 6:30 PM aP- - • 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. • Administrative Items for Review o Update: Mayor Griffith's condition o Shining Stars Banquet, Friday, May 2, 6 p.m. at Greenwood Inn; $35/per person o Arbor Day - 4-22, 9:30 - 11:30 a.m., Durham Elementary School 0 Balloon Festival - Distribute Agreement o Volunteer Event at Library on 4/17, 6:30 p.m. o Distribute information on Multnomah County PUD (See Agenda Item 8) o City Lobby Day at the Capitol - 4/29, 7:30 a.m. Distribute information o Tour of City facilities o Public participation regarding the Street Maintenance Fee Public Hearing scheduled for the April 22 meeting M NSF:, 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(l) (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. 192.660(l) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(l) (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 flied. 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:\ADM\CATHY\COUNCIL\CCLIST\030311.DOC Agenda Item No. 4 Meeting of 5- 1 3- 0 3 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING April 15, 2003 1. WORKSHOP MEETING 1.1 Council President Dirksen called the meeting to order at 6:30 p.m. 1.2 Roll Call: Councilor President Dirksen and Councilors Moore, Sherwood, and Wilson were present. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None 1.5 Call to Council and Staff for Non Agenda Items: Councilor Moore advised he would like to discuss the Tigard Festival of Balloons (See Item No. 8) 2. JOINT MEETING WITH THE INTERGOVERNMENTAL WATER BOARD - UPDATE ON LONG-TERM WATER SUPPLY Intergovernmental Water Board Members Present: Jan Drangsholt, Patrick Carroll, Norm Penner. Public Works Director Wegner reviewed information with the Council and IWB Board members present. Highlights of Mr. Wegner's presentation (PowerPoint slides) are on file in the City Recorder's office. In summary: • City of Portland recently withdrew support of a regional agency at this time. Tigard will continue to be dependent on the Bull Run System to meet a portion of our water supply needs. Tigard, along with other suburban wholesalers, must now shift their focus to the negotiation of new wholesale contracts. • Tigard will continue with negotiations to join the Joint Water Commission (JWC) and participate in feasibility studies for expansion of capital improvements to the )WC. It is anticipated that Tigard will become a partner of the )WC soon - possibly by the end of this year. • Tigard will continue to pursue other options. Councilor Moore suggested that the City determine once and for all whether the Willamette River source would ever be possible for the City of Tigard. Tigard voters would need to approve any use of water from the Willamette River. Mr. Wegner suggested that the City Council and Intergovernmental Water Board members continue to meet on a quarterly basis to hear updates on progress for long-term water efforts. The next joint meeting will be on July 15, 2003. Tigard City Council Meeting Minutes - April 15, 2003 Page 1 3. REVIEW OF SKATE PARK SITE CRITERIA Public Works Director Wegner introduced this agenda item. He summarized the history of the efforts to establish a skate park identified by members of the Mayors Youth Forum as a need for an unserved segment of Tigard's youth population. Subsequently, the Tigard City Council created the Skate Park Task Force to explore the feasibility and determine what would be necessary to make a skate park facility a reality. Parks Manager Dan Plaza asked the Council to review identified sites and indicate whether it would allow a skate park to be built on one of the sites. Several sites were considered by the Task Force with the focus now being on either the City Hall parking lot or Cook Park. Mr. Plaza reviewed the criteria considered. Both government-owned and private property sites were considered. Mr. Rich Carlson, Chair of the Skate Park Task Force said the Task Force has been working for about the past 18 months and the Task Force could not go much further with planning and fundraising until they know whether they have a site. There was lengthy Council discussion about potential sites. Councilor Wilson noted that he would have preferred to see the skate park located at the Fowler Middle School site, but was willing to name the City Hall parking lot for now so the Task Force can start fundraising. He urged the Task Force to continue to look for alternative sites. Councilors Moore, Sherwood, and Dirksen agreed that the City Hall site was a good option. The City would not supply any financing but it could provide this property. Councilor Dirksen said he thought that this was a good compromise. Councilor Sherwood said she agreed with Councilor Moore' s comments that this location was good because it's on a bus line, near the Police Department, visible, and centrally located. Mr. Plaza said Police Chief Dickinson did not object to the increased use of the lobby area (for restrooms, water fountain) and for the City Hall parking lot (police vehicles coming and going). City property maintenance staff noted there would be additional maintenance because of increased use of restroom facilities. The plan would be to make room available for an initial skate park facility of at least 15,000 square feet at the City Hall/"Niche" parking lot site identified on the drawing presented by Mr. Plaza. There may be some potential to expand in the future or to establish additional skate parks in other parts of the city. 4. UPDATE ON THE COMMUNICATION PLAN Assistant to the City Manager Newton presented the staff report. She reviewed the new Focus on Tigard program. She advised the updated Communication Plan should be completed in )une. The web page is improving and new items added. The TVTV Bulletin Board's new software allows Tigard to provide more interesting Tigard City Council Meeting Minutes - April 15, 2003 Page 2 announcements about activities. Councilor Dirksen agreed with the need to add more community connectors. He referred to the Cityscape newsletter and said that he would not want to skimp on its appearance. Ms. Newton said discussion on Cityscape options and costs would be presented to the Budget Committee. Councilor Dirksen suggested an electronic reader board, such as the one at the Tigard High School, be considered for announcements. ➢ METROPOLITAN TRANSPORTATION IMPROVEMENT PROJECTS (MTIP) Community Development Director Hendryx announced that three Tigard projects made the first cut for MTIP funding. These projects, totaling $2.6 million include: 1. Greenway Trail @ Washington Square 2. Widening of Greenburg Road from S.W. North Dakota to SW Shady Lane 3. Pedestrian improvements in the downtown area along Commercial Street from Lincoln Street to Main Street 5. DISCUSSION ON DOWNTOWN LONG-TERM REDEVELOPMENT STRATEGY Community Development Director Hendryx presented the staff report. The Downtown Task Force and staff are engaged in an overall planning effort for downtown Tigard. A commuter rail train system will carry commuters through Tigard from Wilsonville to Beaverton. The Downtown Task Force was assigned three main objectives: 1. work closely with Washington county and TriMet to influence the station's design 2. examine downtown traffic infrastructure improvements 3. develop a work plan to address revitalization and economic development needs in downtown. On March 25, Council approved a resolution adopting the Task Force's recommendations for the station design thereby completing the first objective. The Council and Community Development Director reviewed a general approach for the overall development strategy. The strategy involves three major phases, which include preparation of: 1) Assessment Report; 2) Downtown Revitalization/Redevelopment Plan and 3) Downtown Infrastructure Implementation Plan. Key points of the discussion included the following: Tigard City Council Meeting Minutes - April 15, 2003 Page 3 • City Manager Monahan questioned whether the area identified as the Central Business District on the current zoning map should be reevaluated. The area that is being viewed by the Task Force as the "downtown" includes the land bordered by Hall Blvd., Pacific Highway, and Fanno Creek, which is only a portion of the Central Business District. • Community Development Director reviewed a chart showing what could be accomplished with a Transportation and Growth Management Grant (TGM) and the also what could be done without a TGM grant. Priorities will need to be established for the Department's work plan. • Council indicated general support of the development strategy as presented in the staff report. 6. UPDATE ON THE WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES (WCCLS) FUNDING FORMULA Library Director Barnes presented the staff report. She reviewed some background information and noted that WCCLS members are working to develop a new funding formula. Discussion followed on the fact that the Tigard area contributes more dollars than it receives back under the current funding method. City Manager noted the efforts of Tigard to have the formula based on elements that are easily tracked and identified. Another goal is to have some stability in the funds allotted to each member agency to allow for better financial planning. The Council will revisit this issue again next week. In the interim, Councilors will consider whether or not they could be available to attend Cooperative Library Advisory Board meetings at 7 p.m. on the first Wednesday of each month. 7. CITY MANAGER REVIEW PROCESS DISCUSSION Discussion postponed. A copy of the City Manager's current contract was distributed to the Council members present. 8. DISCUSSION OF PGE INFORMATION • Request for support in opposition to potential condemnation of PGE by Multnomah County Additional information was distributed to the Council members. After lengthy discussion, Council noted a general concern with a government agency purchasing any PGE asset. Opposition letters from Salem and Beaverton were sent to the Oregon Office of Energy. Staff will forward a copy of these letters to Council. More discussion will be held on this item at the April 22, 2003 Council Study Session. Tigard City Council Meeting Minutes - April 15, 2003 Page 4 • Clean wind power option After brief discussion, Council decided the City would not pursue participation in this program at this time. 9. COUNCIL LIAISON REPORTS: None 10. NON-AGENDA ITEMS • Tigard Festival of Balloons Councilor Moore noted his concern about the cancellation of the Balloon Festival because of the lack of a major sponsor this year. He asked the Council to consider how important it was to have this event for Tigard. Discussion followed among the Council, staff, and citizens (Mark Mahon and Bob RohIQ present. Individuals and groups have indicated a willingness to step forward to assist with the planning and the work necessary to coordinate an event for 2004. City Manager Monahan advised that the current Balloon Festival event is owned by Bruce Ellis and the City has an agreement with Mr. Ellis. After discussion, consensus of Council was that Councilor Moore would consult with Mr. Ellis about his plans and the future of the festival. A ADMINISTRATIVE ITEMS REVIEWED: • Community Outreach Meetings Councilor Sherwood agreed to attend the Community Outreach Meeting on April 24 for Councilor Dirksen who has a scheduling conflict that evening. • City Manager Monahan reviewed the following with the Council: o Update: Mayor Griffith's condition - Mayor Griffith is in the Tillamook County Hospital after undergoing emergency surgery. He hopes to be released from the hospital by the end of the week. o Shining Stars Banquet, Friday, May 2, 6 p.m. at Greenwood Inn; $35/per person - Councilor Sherwood and Councilor 8i Mrs. Dirksen plan to attend. o Arbor Day - 4-22, 9:30 - 11:30 a.m., Durham Elementary School - Councilor Sherwood advised she could attend this event should the Mayor be unable. o Balloon Festival - Agreement distributed. Tigard City Council Meeting Minutes - April 15, 2003 Page 5 o Volunteer Event at Library on 4/17, 6:30 p.m. - Councilor Dirksen will attend this event. o Distribute information on Multnomah County PUD (See Agenda Item 8) o City Lobby Day at the Capitol - 4/29, 7:30 a.m. Information distributed. o Tour of City facilities - discussion on this item postponed. o Public participation regarding the Street Maintenance Fee Public Hearing scheduled for the April 22 meeting - Consensus was that testimony will be limited to five minutes per person. Councilor Dirksen will advise a citizen, who had requested to testify for 20 minutes, about the time limitation. 11. EXECUTIVE SESSION: Not held 12. ADJOURNMENT: 10:02 p.m. at erine Wheatley, ity Recorder Attest: ~ fL'M',Ok %Ad~p yor, ty D te: c2 I:V1DWnCAT"CCM%030318.D0C L 2 D i i Tigard City Council Meeting Minutes - April 15, 2003 Page 6 Page 1 of 1 Bill Monahan - Formation of Multnomah County PUD From: "Beth Duncan" <bduncan@mail.open.org> To: <kthompson@ci.albany.or.us>, <rdrake@ci.beaverton.or.us>, <nina.regor@ci.gresham.or.us>, <time@ci.hillsboro.or.us>, <CRAIG@ci.tigard.or.us> Date: 4/11/03 11:21 AM Subject: Formation of Multnomah County PUD Thank you for sharing information with me regarding this issue. Since I said I would provide an update, I just wanted to let you know that pursuant to the City Council's recent decision, the City of Salem has submitted a short letter to the Oregon Office of Energy expressing the City's concern and opposition to the formation of a PUD in Multnomah County. This letter will be added to the public hearing record that closes at the end of business today. Also, in case you did not see this coverage of the hearing: http://www oregonlive.com/sea rch/ index. ssf?/base/busi ness/ 104980306050700xml?oreaonian?fng Thank you, Beth Vargas Duncan Franchise and Revenue Coordinator Finance Department City of Salem 555 liberty Street SE Salem OR 97301.3503 503.588.6130 503.588.6251 (fax) file://C:\WINDOWS\TEMP\GW) 00005.HTM 4/14/03 Oregonlive.com: Search Pagel of 3 Inhkh:Nevus & Classifieds Frtimc:t Sponsored By: OmSonLivecom ® CIE HOW IF ~ `'r , GUIDE Profiles ®H Everything Oregon The Oregonian = ,Enter Keyword(s) Enter Category Ge The E 2'~:WWI Jobs Autos WE!~ Classifieds Back To Your Search Results I Search Again b Jobs All Classified* Autos a Real Estate frevu%af', ~co~tn u All Classifieds Resume ` to westrled n More From The Oregonian Death Notices & ` Obituaries Death Notices PGE, coalition debate idea of nonprofit utility u Ne s Ob Book uarles 04/08/03 Local Businesses n Find A Business GAIL KINSEY HILL Entertainment » Movies For both sides gathered at a public hearing Monday evening in » Music Northeast Portland, it was about the money. r, Arts s Events n Dining & Bars For Dan Meek, a utility 7From Our Advertiser reform advocate, it was Local Web Sites about lower electric rates p Community connection and lower operating costs. r Gaon SEND THIS PAGE For Peggy Fowler, chief - e 'Vim executive officer of Portland : PPxlrrr TMS » Current Special General Electric, it was Appliance ?9.. " Checking That - about lower electric rates and lower operating costs. f » Super deals on P Advertis The difference: Meek and his Oregon Public Power ' o Coalition were arguing in favor of a Multnomah County C people's utility, and PGE officials were arguing ° against one. "This is a unique opportunity," said Meek, who spearheaded the petition drive that qualified the utility district request for an election ballot and prompted the hearing. "Public power has lower costs inherently." "To create a new and unproven PUD simply makes no sense," countered Fowler, PGE's chief executive officer. The proposal "is fundamentally flawed and full of risk," she said. http://www.oregonlive.com/search/index.ssP[base/business/i 04980306050700.xml?oregoniar.. 4/14/03 Oregonlive.com: Search Page 2 of 3 Meek wants to create a nonprofit electric utility in Multnomah County, which currently is served by PGE and PacifiCorp. Most of his attention and his criticism have been directed toward PGE, x c y which is owned by Houston-based Enron and is being sold in t bankruptcy proceedings. Enron, which bought PGE in 1997, declared bankruptcy in December 2001. It has been selling off some of its core assets, including PGE, Oregon's largest utility. The Monday hearing, which drew about 90 people, many associated with PGE or with the Oregon Public Power Coalition, was organized by the Oregon Office of Energy. The agency will use the testimony to help it prepare a report on the cost and availability of power resources, tax liabilities and other relevant issues. Multnomah County commissioners have scheduled a hearing for May 15 to listen to additional public comments. Commissioners will decide whether to approve the district boundaries and forward the proposal to voters. The request probably would appear on the Sept. 16 ballot. Meek, the first to speak at Monday's hearing, used much of his time to M attack PGE for its associations with Enron.` He criticized PGE for income tax payments that apparently were made to Enron but never forwarded to federal or state coffers. He lambasted PGE for 30 percent rate increases in late 2001, contending they were linked to Enron-style electricity trading schemes. He pointed the finger at PGE executives for accepting Texas-sized salaries and bonuses. PGE officials used their time to systematically describe the ways a , public utility district would force up rates for customers and drive down the reliability of the system. A one-county district, severed from PGE's eight-county system, would mean billions of dollars of new debt and startup costs, they argued. And the complex system of poles, wires and substations would face expensive renovations to accommodate tighter boundaries, they said. Fowler took particular issue with efforts to link PGE to Enron. "You'll hear that we need to 'kick Enron out of Oregon,'" she said. "Enron is already gone. Enron is in bankruptcy; PGE, which is protected from that bankruptcy, is up for sale." Enron management said recently it expected to announce whether a buyer has been found for PGE by mid-May. The proposal under consideration Monday is not directly related to the city of Portland's plan to buy PGE. City officials announced in August that they were lookino into buying PGE from Enron. Negotiations apparently are continuing, although confidentiality agreements prevent city officials from dir;closing any details. r http://www.oregonlive.com/search/index.ssf?/base/business/104980306050700.xml?oregoniai.. 4/14/03 Oregonlive.com: Search Page 3 of 3 w r1;~ Meek said the proposal for a people's utility district was a backup measure in case the city effort fails. Gail Kinsey Hill: 503-221-8590; gailhill@news.oregonian.com ? s°W.~'~" = fi The Best Local Classifieds: Jobs Autos Real Estate Place An Ad Special home delivery offer for non-subscribers! Try us out for two weeks - on us! Click Here! About Us I Help/Feedback I Advertise With Us Use of this site constitutes acceptance of outlser Agreement Please read our Privacy Policy 02003 Oregonlive.com All Rights Reserved. Advanc Intemets I fl nbecom' Intom~ http://www.oregonlive.com/search/index.ssP/base/business/104980306050700.xml?oregoniai.. 4/14/03 DATE: April 10, 2003 G 0 ,9 F`. TO: City Managers/Administrators R 1 ~O Q T O U J FROM: Rob Drake, President, League of Oregon Cities; Mayor, Beaverton h~Str67t/O U iiii It O ~ w uu , G RE: City Lobby Day at the Capitol "Tuesday, April 29,~,, 2003 j s Preemption of city revenue raising authority. Reform of the PERS system. Transportation funding. Each of these are vital issues for cities that are being F' considered by the 2003 Legislature. As city officials, we must collectively make our voices heard throughout the session! The League of Oregon Cities (LOC) would like to invite you, along with other elected and appointed officials, to "City Lobby Day at the Capitol," a timely event that offers a unique opportunity to voice your opinion and influence legislation of importance to cities. The event will be held Tuesday, April 29th, beginning with a welcome breakfast reception at • „ 7:30 a.m. in Hearing Room 50 of the Capitol Building in Salem. reception will be a legislative Immediately following the 77g1 4 Cit Loe Ca itol briefing from LOC Lobby Staff y p l and Legislative Leaders. Breakfast will proximately The most important part of the 7:30 a.iii. in hat the capitol day will be the city officials' followed by brIle 1Staff and individual visits Frith their Legislative Leaa legislators. Mayors, Councilors, City Managers/Administrators House & Senate floor sessions will begin at and any other city official who approximately 10:30 a.m. would like to participate are • encouraged to meet with their Lunch will be at noon, on your own (local as legislators in the afternoon. restaurant information will be provided). You After meetings have taken place, are encouraged to meet with your legislators all officials will meet back at the following lunch. Local Government Center for a debriefing and refreshments Debriefing and refreshments will be at around 3:00 p.m. 3:00 p.m. (Local Government Center, L . Rooms 113/114) Enclosed is an event registration form for this event. Please fill it out immediately and FAX to .....__s _ _ _ _v (503) 399-4863, or mail to the League office: PO Box 928, Salem, OR, 97308 no later than Friday, April 25"'. Also, please pass this along to your city councilors and other elected and appointed officials who may be interested in attending. • I am looking forward to a productive City Day on April 29". With a strong showing by city officials, we will have a very positive influence on many of the issues being considered by the Legislature. .Y, RD:rb enclosures `f IV o r l o n y~ / o e I b e r ~ 0 r ~ 1 h' (1 h/ u 0 1 (1 11 C O l)1 Nl it it l/! P ,C tirgaeft El k4l: TOM Legislative decisions will have major impacts on your city. How can you impact those decisions? Join us for CITY UNINT DAY AT THE .114")L April 29' in Salem April generally marks the mid-point of the Legislative Session and is an important time for the voice of cities to be heard. Many issues critical to cities will be under consideration including transportation funding, state. shared revenues, and numerous bills attempting to preempt local authority such as the transient lodging tax (HB 2267). Who shoom aittend? **If you plan to attend, you are • Mayors encouraged to CONTACT YOUR • City Councilors LEGISLATOR(S) as soon as possible and • City Administrative Staff make an appointment to be their guest • City Attorneys during the House or Senate session in the • City Finance Directors morning and to set up appointments to • Department Heads meet with them for dinner on the 28`h or • Intergovernmental Relations Staff for lobby appointments on the 29th. • Any other interested city elected official or staff member To Register, fax this form to the League office at 503-399-4863 attention Jamie Kayler: r r Name: City: Position: r r Address: Phone: r r e r Guest/s Name: *Registration fee of $20.00 will be charged to cover the cost of breakfast, materials and refreshments for "City Lobby Day" **Please mail checks to LOC, PO Box 928 Salem, OR 97308 New This Y'ear!! The Oregon Local Leadership Institute (O.L.L.I.) will be holding a training class in conjunction with "City Lobby Day". Please see enclosed information regarding "Finding YES - An Interactive Workshop". z Oregon Local Leadership Institute (O.L.L.1.) Quality training for local government officials Finding Yes: An Interactive Workshop Presented by: Senator David Landis Date: April 28, 2003 Time: 10:00 a.m. - 4:00 p.m. Location: Marion County Fire District #1 Regional Training Facility (off I-5 exit 263) 4910 Brooklake Rd., NE, Brooks, OR Cost: $65/person (includes lunch) Spend the night, take your legislator to dinner and join the League of Oregon Cities for "City Lobby Day" on Tuesday, April 29~h. THE INSTRUCTOR: David Landis is a Nebraska state senator, an award-winning teacher and a skilled negotiator in the public arena. He currently chairs the Revenue Committee for the Nebraska Unicameral. Many of the 250 bills he has passed in 24 years in the Unicameral have been consensus measures forged by negotiation that brought contesting parties to agreement. Senator Landis has brokered legislative agree- ments between labor and management, utilities and ratepayers, big banks and small banks, and insurance companies and trial attorneys. THE WORKSHOP: Conflict is a fact of life. The person who handles conflict thoughtfully builds r. strong working relationships and gets results. This workshop will give you a great first step in that process. "Finding YES" is designed to increase your skills in solving problems, finding agreement and resolving conflict. Through role-plays, audio-visuals and discussion, you will learn the Four Principles for Finding Mutual Gain Solutions, and how to carry out negotiations that reduce tension and find agreements. You will also receive a 30-page workbook with additional tools to use r as you continue to improve your conflict resolution skills. TO REGISTER: To register on-line and get directions, go to: http://www.orcities.org/training/ olli.cfin or enter the LOC web site at:*http://www.orcities.org and select "train- ing." If you do not have access. to the Internet, please contact Jamie Kayler at (503) 588-6550. Cosponsored by: the League of Oregon Cities and the Association of Oregon Counties CITY OF TIGARD, OREGON Attachment 1 RESOLUTION NO.01-`7 A RESOLUTION ACKNOWLEDGING THAT THE TIGARD FESTIVAL OF BALLOONS IS A CITY OF TIGARD SPONSORED EVENT AND ESTABLISHING THE MODIFIED STANDARD AGREEMENT FORM AS AGREED UPON BY THE CITY OF TIGARD AND BALLOON FESTIVAL ORGANIZERS WHEREAS, the City of Tigard Vision Task Force and Action Planning Committee Strategy for Community Character and Quality of Life calls for development of an overall approach for sponsoring community events, including long-standing events and new events, and development of a philosophy for event sponsorship; and WHEREAS, City of Tigard Resolution No. 00-58 established procedures for City Sponsorship of Community Events; and WHEREAS, Resolution No. 00-20 established that the Balloon Festival Event is a City Sponsored Event and the initial amount of funding for this event is $10,000; and WHEREAS, on November 20, 2001, the Tigard City Council reviewed the proposed modified standard agreement as attached (Exhibit 1). NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Balloon Festival Event is a City of Tigard sponsored event with the length of sponsorship to be automatically renewed from year-to-year, with a one-year notice to the event organizers should the City decide not to renew funding. SECTION 2: The Mayor is hereby authorized to sign the agreement attached (Exhibit 1). SECTION 3: The resolution is effective immediately upon passage. PASSED: This day of~' - 2001. ayo - Ci igard ATTEST: City Recorder - City of igard I:VIDWPACKET V112001121816ALLOON FEST RESOLUTIONDOC RESOLUTION NO.01-2 Page 1 SPONSORSHIP AGREEMENT This Sponsorship Agreement ("Agreement") is between the City of Tigard, an Oregon municipal corporation ("City") and the Northwest News Channel 8 Tigard Festival of Balloons, a non-profit organization ("Organizer"). RECITALS a. Organizer is the organizer of the Balloon Festival (the "Event") and has asked the City to be a sponsor of the Event. Although open to the public, the Event put on by Organizer is a private event and not an official City event. b. City has passed a resolution that provides procedures and policies for City sponsorship of events. C. City has passed a resolution that authorized City sponsorship of the Event, subject to execution of this Sponsorship Agreement. d. City and Organizer have agreed to the scope of the City sponsorship and the relationship between the City and Organizer as set forth below. AGREEMENT 1. This Agreement shall be effective when Organizer provides certificates of insurance as required by Section 13 G. 2. This Agreement shall remain in effect until terminated as provided in Section 24 below. 3. City shall reimburse (pay) Organizer up to IT10,600 for fiscal year U102 , for costs incurred to put on the Event. Payment shall be made only after Organizer provides proof that the costs have been incurred and paid by the Organizer and were costs of the Event. (Payment shall be made no more than 60 days prior to the Event to pay costs of the Event.) The amount of funds, if any, that the City will provide for future fiscal years shall be determined by the Tigard City Council in its sole discretion. 4. City shall make City facilities available for use by Organizer as specified on a map approved by the Public Works Director or his designee. The dates and times of use of the City facilities shall be specified in a permit that must be applied for at least LPublic Works to supply # of days) days before the Event. All fees for the permit may be waived. SPONSORSHIP AGREEMENT - Balloon Festival Page 1 During the period that Organizer has the right to use these areas, Organizer may determine who may engage in commercial activities within these areas. For all other areas Organizer shall have no right to exclude persons or prevent them from engaging in commercial activity. To provide security for equipment, goods and other property of Organizer during the Event, camping within the exclusive area is permitted to Organizer and those permitted to camp by Organizer. This section constitutes the camping permit authorized by TMC §7.80.020. 5. City shall provide the following in-kind services to the Organizer: City shall police Cook Park during the Event. Organizer shall have no right to control or direct City police operations and City employees. Nothing in this section relieves Organizer from responsibility for damage to City property or other property resulting from the Event. City shall provide litter clean up for the Event within Cook Park. Organizer shall have no right to control or direct City employees. Nothing in this section relieves Organizer from responsibility for damage to City property or other property resulting from the Event. 6.- If the Event does not take place because of weather or other reason outside the control of the Organizer, the City may reimburse Organizer for expenses incurred by Organizer prior to the cancellation up to the amount stated in Section 2. If the Event is canceled by Organizer for reasons within Organizer's control, the City shall not pay any funds to Organizer and Organizer shall return to the City all funds paid by the City to Organizer in connection with the canceled Event within ten (10) business days of the cancellation. If the Event is canceled for any reason, the City shall not provide any in-kind services after the date of cancellation. If the Event is canceled for any reason, the City's facilities shall be available to the Organizer on the same basis that they are available to-any other person or entity. a If the main location of the Event moves outside the City limits of the City of Tigard for a given year, the City may terminate or reduce payments and/or the provision of services as it determines appropriate. The termination or reduction shall be decided by the City Council in its sole discretion. J 7. Organizer shall identify City as a sponsor of the Event and Organizer shall provide the J following rights to City: A. The right to have a booth paid for by the Organizer at the Event at a location acceptable and mutually agreed upon by the City and Organizer. SPONSORSHIP AGREEMENT - Balloon Festival Page 2 B. The right to have banners of a size and design chosen by the City and placed at locations mutually agreed upon. City's banners are to be located at site with other major sponsors. The City would provide banners. C. The right to signage on any courtesy vehicles used by Organizer in connection with the Event. It is understood that no courtesy vehicles have been used in recent years. D. The City's logo is to be used in all paid advertising purchased by the organizer when other sponsor logos are used. The size of the City's logo shall be comparable to those corporate sponsors making similar financial contributions. E. The right to be named in all press releases issued by Organizer. F. The right to be listed in any list of sponsors or to be included in any acknowledgment of sponsors. G. The right to advertise in the official program produced by Organizer. H. The right to use photographs and film of this Event generated by the City, its employees, agents or volunteers. 1. The right to make public address announcements during the Event. (Emergency announcements may be made at any time and generic public service announcements as mutually agreed upon.) Nothing in the identification of the City as a sponsor shall state or imply that the Organizer is an agent of the City or that the City is responsible in any way for the Event. 8. Organizer shall provide sufficient means by which the public may obtain information about the Event, including but not limited to adequate phone lines to handle inquiries about the Event. The information phone lines shall be answered by a person or by a message that includes Event location, schedule and pricing information. Organizer shall provide City a written public information and communication plan at least 90 days before the Event. The City may require revisions to the plan. If Organizer fails to provide a plan or to comply with the plan, the City may terminate this Agreement, suspend or reduce payments, or deny Organizer the use of City facilities or services. City's only obligation to provide information about the Event shall be to provide the Event's information telephone number and/or web site address. SPONSORSHIP AGREEMENT - Balloon Festival Page 3 9. Food, Beverages and Music. A. Organizer represents and warrants that it will cause all food and beverage vendors to represent and warrant, as a condition of their participation in the Event, that they will comply with all food service, sanitation and other regulations applicable to their services at the Event. B. If alcohol is served at the Event, Organizer will use its best efforts, and will cause its vendors to use their best efforts, to comply with all applicable laws and regulations, including City regulations, regarding the service of alcohol to intoxicated or underage persons, and to encourage the safe use of alcohol. C. If alcohol is served at the Event, Contractor shall provide proof of Liquor Liability coverage required by Sections 12 and 14 of this Agreement. D. Organizer represents and warrants that all music played at the Event, whether live, recorded or publicly broadcast, will be duly licensed for public performance by ASCAP, BMI, SESAC or such other performing rights societies or copyright owners as may be required by law, or else in the public domain. Organizer will indemnify and hold City harmless from and against any liability arising out of the performance of music at the Event. 10. The City and Organizer enter into this Agreement at arms-length and their only relationship is contractual. Neither party is an employee, agent, partner, or co-venturer in relationship to the other. Organizer is and remains an independent entity and has no authority whatsoever to act for the City. Organizer is not an officer, employee or agent of City as those terms are used in ORS 30.265. Organizer's officers, employees and agents are not the officers, employees, or agents of City those terms are used in ORS 30.265. Organizer, its employees and officers shall not hold themselves out either explicitly or implicitly as officers, employees or agents of City for any purpose whatsoever, nor are they authorized to do so. Organizer shall include a provision that it is not an agent of the City in all contracts it enters into with third parties. Organizer is solely responsible for the organization of the Event and accepts responsibility and liability for all personal injury, property damage, and other damages arising from or related to the Event. The City has no responsibility for the organization or operation of the Event. To the fullest extent permitted by law, Organizer agrees to i fully indemnify, hold harmless and defend the City, its elected and appointed officials, j employees and volunteers from and against all claims, damages, losses and expenses incidental to the investigation and defense thereof, based upon or arising out of or incidental to damages or injuries to persons or property, in any way related to the Event, or any activity associated with the Event, except for claims, damages, losses and expenses that are solely attributable to the actions of the City. Organizer's agreement to indemnify, hold harmless and defend the City extends to all claims damages, losses and expenses caused by or alleged to be caused by the fault or negligence in whole or in part SPONSORSHIP AGREEMENT - Balloon Festival Page 4 of Organizer's agents, contractors, sub-contractors, employees or any third-parties that are in any way related to the Event. This provision is essential to the City's agreement to sponsor the Event and may not be severed from this Agreement. This indemnity extends to all claims, damages, losses and expenses relating to operation of hot-air balloons, the operation of any carnival rides or games, and the sale or consumption of food or drink in connection with the Event. 11. Organizer shall include in all Event-related contracts with third parties a provision requiring the third party to defend, hold harmless, and indemnify the City as to any claim arising from the actions or negligence of the third party and shall include in those contracts a provision requiring the third parties to maintain adequate liability insurance. Organizer shall require contracts of all balloon owners and operators, and third parties that provide food or beverage service, rides or other entertainment at the site and shall require that the insurance covers the type of service or goods provided. Organizer shall require any third party serving alcohol at the Event to obtain Liquor Liability coverage. Limits for Liquor Liability coverage must match the limits required of Organizer for Commercial General Liability coverage. The Liquor Liability endorsement must be attached to the certificate of insurance provided to the City. Organizer shall provide City with the name, address and phone number of all third parties with which it contracts, a general description of the work the contractor will perform and a copy of each contract. Organizer shall also provide City with the name, address and phone number of all other sponsors of the Event. 12. Organizer has chosen to use City property and facilities for the Event based on Organizer's inspection of the property and facilities and determination that the property and facilities are appropriate for the Event. Organizer accepts that the City is not responsible for any defects, imperfections, or lack of suitability of the City property and facilities. 13. During the term of this Sponsorship Agreement, Organizer shall purchase and maintain insurance of the types and in the amounts specified in this section. Organizer shall furnish acceptable certificates of insurance to City at least 10 days before commencement of the event. Organizer shall indemnify City for any liability or damages that City may incur due to Organizer's failure to purchase or maintain any required insurance. Organizer shall indemnify City for any liability or damages that City may incur due to Organizer's failure to purchase or maintain any required insurance. Organizer shall be responsible for the payment of all premiums and deductibles. Organizer shall maintain insurance of the types and in the amounts described below. i i A. General Liability Insurance Organizer shall obtain, at Organizer's expense, and keep in effect during the term of this Agreement, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). SPONSORSHIP AGREEMENT - Balloon Festival Page 5 This coverage shall include Contractual Liability insurance for the indemnity provided under this Agreement. The following limits of insurance will be carried: Coverage Limit General Aggregate $1,000,000 Products - Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one Fire) 50,000 Medical Expense (Any one Person) 5,000 Special Event Liability 1,000,000 each occurrence/ 2,000,000 aggregate B. Aviation Event Coverage Organizer shall obtain, at organizer's expense, and keep in effect during the term of this contract, Aviation Event Liability coverage including coverage for premises. The Combined Single Limit per occurrence shall not be less than $1,000,000. C. Liquor Liability Coverage If alcohol is to be served at the Event, Liquor Liability coverage will be endorsed to the Commercial General Liability coverage. Limits for Liquor Liability coverage will match the limits provided for the Commercial General Liability coverage. The endorsement must be attached to the certificate of insurance provided to the City. D. Commercial Automobile Insurance i i . Organizer shall also obtain, at Organizer's expense, and keep in effect.during the term of this Agreement, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. This requirement applies if the Organizer provides transportation to or from the Event for participants. SPONSORSHIP AGREEMENT - Balloon Festival Page 6 E. Workers Compensation Insurance Organizer shall provide coverage for all employees coming under the scope of State Workers Compensation laws. This shall include Employers Liability Insurance with coverage of not less than $500,000 per incident. F. Additional Insured Requirement The City of Tigard, its officers, directors, employees, and volunteers shall be added as additional insured with respect to the Event. All Commercial General Liability insurance policies and aviation Event coverage policies will be endorsed to show this additional coverage. G. Insurance Carrier Acceptability An insurance company acceptable to the City of Tigard must underwrite coverages provided by the Organizer. H. Evidence of Insurance As evidence of the insurance coverage required by this Agreement, the Organizer shall provide a certificate of insurance to the City. No use of City facilities, payment or other benefit will be provided by the City to the Organizer until the required certificates have been received and approved by the City. The certificate will specify and document all provisions required by this Agreement. A renewal certificate will be sent to the City 10 days prior to coverage expiration. I. Cancellation Provisions Coverage may not be canceled or materially changed without 30 days' written notice to the City. The notice of cancellation provision shall be physically endorsed on the Commercial General Liability policy. Failure of City to demand such certificate or other evidence of full compliance ~G with these insurance requirements or failure of City to identify a deficiency from o evidence that is provided shall not be construed as a waiver of Organizer's obligation to maintain such insurance. 3 15. Organizer shall adhere to all applicable federal, state, and local laws, regulations, u executive orders and ordinances and obtain all required permits. Required permits may include but are not limited to: Park Reservation Permit Parade Permit Liquor Licenses SPONSORSHIP AGREEMENT - Balloon Festival Page 7 Food Handler Permits Public Assembly Permits Fees for permits for the Event may be waived. 16. Notices. All notices required or permitted to be made under this Agreement shall be in writing and shall be deemed to have been duly given when delivered or sent by prepaid certified or registered mail or fax: If to Organizer, to: (Address) (Fax) If to City, to: (Address) (Fax) or such other address as either party may designate in writing to the other party for this purpose. 17. Other Warranties. Organizer represents and warrants that: A. Organizer has the full right and legal authority to enter into and fully perform this Agreement in accordance with its terms without violating the rights of anyother person; B. Organizer's trademarks do not infringe the trademarks or trade names or other rights of any other person; C. Organizer has all government licenses, permits or other authorizations necessary to conduct the Event as contemplated under this Agreement; and D. Organizer will comply with all applicable laws, regulations and ordinances pertaining to the promotion and conduct of the Event. E. Organizer will ensure that all persons and entities it contracts with to provide services or goods at the Event shall have the knowledge, experience and capacity to provide the goods and services. 18. Records and Reporting D A. Organizer shall maintain a complete set of records relating to the Event, in accordance with generally accepted accounting procedures. The records must be maintained for at least three years from the date they are generated. Organizer shall permit the authorized representatives of the City to inspect and audit all work, materials, payrolls, books, accounts, and other data and records of Organizer relating to the Event while this Agreement is in effect and for three years after termination of this Agreement. The obligations imposed by this SPONSORSHIP AGREEMENT - Balloon Festival Page 8 section shall survive termination of this Agreement. B. Organizer shall request funding on an annual basis for future years within the City's established budget cycle. The request for funding shall include: i. Financial statements from the previous year's Event. ii. The budget for the Event to the year for which funding is requested. iii. An Event schedule. iv. A list of events associated with the Event. V. The amount of funds requested and the purpose for which the funds will be used. vi. A list of all other services, facilities, or other benefits, that Organizer is requesting from City. C: Failure to comply with subsections A or B of this section shall constitute cause for termination of this Agreement by the City. 19. Governing Law and Consent to Jurisdiction. This Agreement is subject to and shall be construed in accordance with the laws of the State of Oregon, except for choice of law provisions. City and Organizer both consent to jurisdiction in the state and federal courts located in Oregon. Organizer shall comply with the clauses required in every public contract entered into in the State of Oregon as set forth in ORS 279.312, 279.314, 279.316 and 279.320, which are hereby incorporated by reference. 20. Non-Assignment. Neither party shall assign this Agreement without the prior written approval of the other party, except that City may assign this Agreement to any successor entity. 21. Complete Agreement. This Agreement represents the entire agreement between the parties and supersedes all other agreements, if any, express or implied, whether written or oral. Organizer has made and makes no representations of any kind except those specifically set forth herein. 22. Binding Agreement. This Agreement shall be binding upon the parties, their successors and assigns. 23. If any provision of this Agreement is held to be invalid, void or unenforceable by a court of competent jurisdiction, either party may, within 30 days of the court decision, request that the parties meet to negotiate an amendment to compensate for the loss of the provision declared invalid, void or unenforceable. If the provision declared invalid, void or unenforceable is one that this Agreement provides is not severable, the parties shall meet as soon as possible to attempt to renegotiate this Agreement. If after good faith efforts to renegotiate the Agreement the parties cannot agree on an amendment, either party may declare the Agreement terminated. In that event, all obligations intended to survive termination, including indemnification obligations and records inspection requirements, shall remain effective but the Agreement shall be otherwise be terminated. SPONSORSHIP AGREEMENT - Balloon Festival Page 9 In the event of termination under this provision, any payments made by the City to Organizer shall be refunded, except that Organizer shall not be required to refund any amount actually expended for the Event. In the event that neither party requests renegotiation within 30 days and the provision declared void, invalid or unenforceable is = not one that the Agreement provides is non-severable, the Agreement shall remain in effect except for the provision declared invalid, void or unenforceable. 24. This Agreement may be terminated by mutual agreement of the parties. Either party may terminate this Agreement for no reason by providing notice of termination one year prior to termination. Either party may terminate this Agreement for default by providing 30 c days' notice. If the other party may cure the default and does so within 30 days, the Agreement shall not terminate. City may terminate this Agreement without notice by vote of the City Council if the City Council determines that it is in the public interest to do so. Any breach of this Agreement shall be considered a default. The indemnification provisions shall survive termination. 25. Except for those responsibilities expressly reserved to the City Council, all rights and duties of the City may be exercised by the City Manager or designee. ORGANIZER SPONSOR [N Ci of Tigard [Signature] ignature] a 2 z ~ v/c~a [Date] [Date] 1.%ADMIPACKET'01\200112181BALLOON FEST AGREEMENT - RES EX. A.DOC L_ r n y. J_ U SPONSORSHIP AGREEMENT - Balloon Festival Page 10 ~5 7`r i~ V Gl~ f eCl ho Agenda Item No. ' Meeting of EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT is made and entered into this 14th day of May, 2002, by and between the CITY OF TIGARD, OREGON ("CITY") and WILLIAM A. MONAHAN ("EMPLOYEE"). RECITALS A. EMPLOYEE has been employed as the City Manager of CITY since November 15, 1994, and had previously worked for the City in other capacities from August 2, 1982 to January 31, 1988 and from August 1, 1994 to November 14, 1994. B. The current written employment agreement between CITY and EMPLOYEE will expire soon and CITY and EMPLOYEE desire a written agreement setting forth the terms by which EMPLOYEE will continue to serve as City Manager. C. The written employment agreement is intended to create a professional and business-like relationship serving as a basis for effective communication and as a means for avoiding misunderstanding. D. By not having to worry about personal finances or family security, the EMPLOYEE can effectively concentrate on the CITY'S business; THEREFORE, in consideration of the mutual covenants contained in this Agreement and for the consideration specified in this Agreement, the CITY and EMPLOYEE mutually agree: i SECTION 1 - EMPLOYMENT, DUTIES AND AUTHORITY: EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGEI A. EMPLOYEE shall continue to serve the CITY as City Manager under the terms specified in this Agreement. EMPLOYEE'S prior service as specified in Recital A shall be recognized in CITY records to establish EMPLOYEE'S years of service for length of service only. B. The authority of EMPLOYEE, consistent with State law, City Charter or ordinance, shall include, but not be limited to the following: (1) The overall management, administration, and direction of City operations; (2) The hiring, disciplining, and firing of all City employees, except Municipal Judge and City Attorney; (3) The negotiation, execution and administration of City contracts within budget appropriations pursuant to City policy and ordinance; and (4) Policy advice to elected officials, and open communication with the community so as to foster responsive and courteous public service. Any reduction or revocation of either the duties or authority, except by mutual written agreement to the contrary, shall constitute a breach of this Agreement. In the event of such a breach, EMPLOYEE may provide written notice requesting compliance with the Agreement as provided in Section 3.D. C. The Mayor and Council of the CITY agree to the principle of non-interference in i , • the administration as necessary to the orderly and efficient implementation of Council Policy. i i i The Mayor and Council agree to direct their concerns and communications to the administration t through the City Manager. EMPLOYEE agrees to respond promptly to all inquiries from the Council whether made individually or collectively. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 2 SECTION 2 = TERM: The term of this Agreement begins on May 16, 2002. This Agreement shall continue in effect until May 15, 2006 unless terminated as provided for in Section 3. A. Nothing in the Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, subject only to the provisions set forth in this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time from his position with the CITY, subject only to the provisions set forth in this Agreement. C. EMPLOYEE agrees to remain in the exclusive employ of the CITY during the term of this Agreement, and agrees neither to accept employment, nor to become employed by any other employer until said contract termination date, unless said termination is effected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching or consulting on the EMPLOYEE'S time off, which shall be at the EMPLOYEE'S discretion upon advisement to the Mayor. L SECTION 3- TERMINATION AND SEVERANCE: A. Termination Without Cause. This Agreement may be terminated by either the 4 CITY or EMPLOYEE for any reason whatsoever upon the giving of sixty (60) days' written notice to the other party. In the event EMPLOYEE is involuntarily terminated without cause by i the City Council before expiration of the term of this Agreement and during such time as the EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 3 EMPLOYEE is willing and able to perform the assigned duties, the CITY shall pay EMPLOYEE on a monthly basis at the EMPLOYEE'S highest rate of base salary during his term of CITY employment, for a six (6) month period following the termination date. The CITY's obligation to pay EMPLOYEE severance pay shall cease if and when EMPLOYEE accepts employment with another City, or another employer, including self-employment, provided, however that CITY shall pay a pro-rated share of the monthly severance pay until the date EMPLOYEE accepts other employment, including self-employment. The EMPLOYEE has an affirmative obligation to notify the City upon acceptance of employment. B. Termination For Cause. This Agreement may be terminated immediately for cause in the sole discretion of the City upon the occurrence of any of the following events: (1) EMPLOYEE willfully and continuously fails or refuses to comply with the policies, standards, and regulations of the CITY as are, from time to time, established; (2) EMPLOYEE commits an act of fraud, dishonesty, misappropriation of funds, embezzlement, or other misconduct in the rendering of services on behalf of the CITY; (3) EMPLOYEE fails or refuses to perform faithfully or diligently any of the provisions of this Agreement; L (4) EMPLOYEE is unfit for the position per Federal, State and City rules and regulations applicable to all employees in a For-Cause Termination. J If EMPLOYEE is terminated for cause or convicted of any illegal act involving personal u~ ai gain to him, CITY shall not pay any severance pay to EMPLOYEE. C. Acts Constituting Involuntary Termination. If the CITY reduces the salary or EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGEa other financial benefits of EMPLOYEE in a greater percentage than an applicable across-the- board reduction for all management employees of the City, or if the CITY refuses to comply with the terms of this Agreement following written notice requesting compliance, or if EMPLOYEE resigns following suggestion at a public meeting, whether formal or informal, by a majority of the City Council that he resign, then EMPLOYEE may, at his option, deem the Agreement to be involuntarily terminated without cause at the date of such reduction or refusal to comply with the provisions of this Agreement, and the severance pay provision under Paragraph A of this section apply. D. Accrued Vacation on Termination. Termination or resignation in good standing shall entitle EMPLOYEE to a lump sum payment equivalent to all accrued vacation and other entitlement benefits, except that in no event will these benefits exceed similar benefits accorded other management employees. E. Notice of Resignation. If EMPLOYEE voluntarily resigns his position with the CITY before expiration of this Agreement, EMPLOYEE shall give the CITY at least sixty (60) days' written notice, excluding use of accrued vacation, and EMPLOYEE shall be present to serve during the 60 day period. After the EMPLOYEE has given notice, the CITY and EMPLOYEE may agree to a termination date other than that set forth in the notice of resignation. i SECTION 4- SALARY, HOURS OF WORK, VACATION AND SICK LEAVE: i A. Salary. The CITY agrees to pay the EMPLOYEE for his services in an amount set by the City Council, payable in the same installments and in the same manner as other EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 5 management employees are paid. The City Council may conduct performance evaluations of EMPLOYEE as often as the Council deems appropriate and as provided in Section 7 of this Agreement. The City Council shall review EMPLOYEE annually during the month of April and may provide an increase in salary based on merit based on that review. The City Council may award a merit bonus, as it deems appropriate, with a cap of five (5) percent of EMPLOYEE'S gross wage over the term of this Agreement. Effective May 15, 2002, EMPLOYEE shall be paid $8,943 per month. B. Cost-of-Living Adjustments: EMPLOYEE shall receive future cost-of-living allowances in the same percentage and on the same effective date as other City management employees. C. Hours of Work: Because the EMPLOYEE will devote a great deal of time outside normal office hours to the business of the CITY, and because flexibility in hours worked and work schedule benefit both the CITY and EMPLOYEE, the EMPLOYEE has sole discretion as to his work schedule and hours worked. D. Vacation: The CITY grants the EMPLOYEE vacation benefits at the rate of accrual for an employee with 21 years of service as of May 15, 2002. EMPLOYEE is subject to the same accrual limits as other management employees, to be used as he deems appropriate. E. Sick Leave: EMPLOYEE shall be entitled to continue to earn and accrue sick leave benefits on the same terms as other management City employees and that such additional sick leave shall be added to the sick leave accrued by EMPLOYEE as of the effective date of this Agreement. EMPLOYEE shall not be eligible to receive any cash or retirement credit for unused sick leave, even if a benefit allowing the cashing out of unused sick leave, the application of EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 6 unused sick leave to retirement benefit, or for any other purpose (other than use of the benefit for approved leave) is made available to other City management employees. F. Management Leave: EMPLOYEE shall receive a total of five (5) days management leave per fiscal year, to be taken consistent with city personnel policies as applied to management employees. The management leave must be taken by June 30 of each fiscal year and does not accrue into subsequent fiscal years. G. Payroll Reporting: EMPLOYEE shall be on straight salary as per this section of the Agreement and shall be paid automatically by the CITY as per this Agreement. Any vacation or sick leave used shall be reported to the CITY in the same manner as for other CITY employees. SECTION 5- RETIREMENT, DISABILITY AND HEALTH INSURANCE: A. Retirement: The CITY agrees to contribute into the CITY'S retirement program, on EMPLOYEE'S behalf, an amount equal to that same percentage of salary contributed for the CITY'S other management employees. EMPLOYEE and CITY agree that any future adjustment to the retirement benefits of management personnel will apply equally to EMPLOYEE at the same rate of adjustment, effective date, and adjustment to salary. EMPLOYEE is eligible for L 2 City contribution to his ICMA deferred compensation account on the same terms provided to other City management employees. i a } B. Health Insurance: The CITY agrees to provide a comprehensive annual physical for EMPLOYEE. The CITY agrees to continue to provide coverage and make full premium payment for EMPLOYEE and his dependants for comprehensive medical Blue Cross Plan II and EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 7 dental plans equivalent to other programs provided other regular management employees. C. Life Insurance: CITY will purchase a Life Insurance Policy, the cost of which shall not exceed $1,000 per year, on EMPLOYEE'S behalf, for a beneficiary to be named by EMPLOYEE. EMPLOYEE has the right to retain such policy at EMPLOYEE'S expense, subsequent to tenure as a CITY employee. EMPLOYEE shall have the option of purchasing Term or Universal Life Insurance. EMPLOYEE may either have the CITY pay the policy provider directly or compensate EMPLOYEE for the cost of EMPLOYEE's purchasing the Life Insurance Policy. SECTION 6 - PROFESSIONAL DEVELOPMENT AND EXPENSES: A. The CITY encourages the professional growth and development of the EMPLOYEE and encourages participation as be deems appropriate in professional associations, short courses, seminars and conferences including, but not limited to: the International City Management Association and the American Planning Association and their annual conferences, and the League of Oregon Cities Conference. The CITY shall permit a reasonable amount of time for EMPLOYEE to attend and the CITY shall pay for the direct costs necessary for travel, subsistence and registration subject to reasonable availability of funds and as approved in the annual budget. B. The CITY shall provide $300 per month vehicle allowance to EMPLOYEE who shall provide his own vehicle, insurance, operation, and maintenance. EMPLOYEE shall provide for oil and gasoline within the Portland metro area. CITY shall reimburse for gasoline expenses on City business outside the Portland Metro area. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 8 C. The CITY recognizes that certain expenses of a job-affiliated nature are incurred by EMPLOYEE on behalf of the CITY and hereby agrees to reimburse or pay said general expenses on a monthly reimbursement basis, and the CITY shall disburse such moneys per receipts or personal affidavits. Any civic service club memberships taken out at CITY expense shall be upon the approval of the Mayor. SECTION 7 - ANNUAL GOAL-SETTING AND PERFORMANCE EVALUATION: The Mayor and individual members of the Council shall be encouraged to periodically identify any concerns to the EMPLOYEE by either informal discussions with the EMPLOYEE or by more formal means during Council meetings. The Council shall meet with the EMPLOYEE at least annually for the purpose of setting Council goals and priorities. The Council and the EMPLOYEE shall meet at least annually to evaluate and assess the performance of the EMPLOYEE in meeting or progressing towards the goals formally adopted by Council as well as the exercise of authority granted in Section I of this Agreement. These annual evaluations shall be in closed Executive Sessions and shall be conducted during the month of April. In the event the CITY determines that the performance of the EMPLOYEE is unsatisfactory in any respect or needs significant improvement in any area, the CITY shall describe these concerns in writing and in reasonable detail or with specific examples so as to be objective and positive in nature. As provided in Section 4 of this Agreement, the EMPLOYEE'S salary shall be reviewed at least annually after the performance evaluation. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 9 SECTION 8 - GENERAL PROVISIONS: A. Professional Liability: The CITY agrees to defend, hold harmless, and indemnify the EMPLOYEE from any and all demands, claims, suits, actions, and legal proceedings brought against EMPLOYEE in his individual capacity, or in his official capacity as agent and EMPLOYEE of the CITY, as to any actions of EMPLOYEE within the scope of his employment. The CITY agrees to pay premiums on appropriate insurance policies through the CITY'S normal insurance program and through the Public Officials' Liability Insurance Program of the International City Management Association. B. Other Terms and Conditions of employment may be determined by the CITY relating to 'the duties and performance of the EMPLOYEE, provided that such terms and conditions are not inconsistent with the provisions of this Agreement, the City Charter, or any other law. EMPLOYEE shall receive benefits equal to those provided to other City Management employees, except where specifically addressed in this Agreement. Nothing shall restrict the ability of the CITY and EMPLOYEE to mutually, and in writing, amend or adjust the terms of the Agreement. EMPLOYEE reserves the right to discuss the terms or termination of this Agreement with the Council as a whole or in either closed Executive Session or open Regular Session as State Law allows and as the EMPLOYEE deems appropriate. i C. Except as otherwise specifically provided by this Agreement, the EMPLOYEE s i shall be entitled to receive the same salary, compensation, vacation, sick leave, and other benefits as accorded any other management City employee, including provisions governing accrual and EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 10 payment therefor on termination of employment. All provisions of the City Charter and other City programs relating to employee benefits and working conditions as they now exist, or as amended, shall also apply to the EMPLOYEE as to other unclassified employees, and are in addition to any benefits to the EMPLOYEE specifically identified in this Agreement. D. The EMPLOYEE is required to maintain residence in the City in accordance with City Code requirements. Temporary relocation circumstances may be approved by the Mayor and Council consent. E. The text herein shall constitute the entire agreement between the parties and any oral or other understandings are not binding upon the parties, unless specifically amended in writing by mutual agreement. This Agreement shall be binding and inure to the benefit of the heirs at law and executors of EMPLOYEE. F. Severability: If any provision, or portion thereof, contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable and shall not be affected, and shall remain in full force and effect. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 1 I IN WITNESS WHEREOF, the CITY OF TIGARD, OREGON has caused this Agreement to be signed and executed and the EMPLOYEE has signed and executed this Agreement, both in duplicate, on the date first written above. ayor - City f T1 William A. Monahan, City Employee - w ATTEST: City Recorder PROVED A TO FORM City Attorney G:\muni\Tigard\ nonahan employment agreement rev 2002.wpd 1:\ADM\BILL\MONAHAN EMPLOYMENT AGREEMENT REV 2002.DOC EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 12 Gin MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor &Ciity Council FROM: Bill Monahan; u _ a , D ~j Cam` DATE: April 4, 2003 SUBJECT: PGE Issue On Tuesday of this week, Mayor Jim Griffith, Craig Prosser and I met with Judy Crafton and Paula Conway of PGE to receive the annual PGE franchise payment. Craig took possession of the check and has deposited it in the General Fund. Judy asked the Mayor to bring to Council's attention PGE's concern that formation of an elective people's utility district (PUD) in Multnomah County could lead to condemnation of both PGE and Pacific Corp. PGE is asking cities to consider passing resolutions opposing formation of the PUD. Mayor Griffith promised to share the PGE concern and information related to the issue with Council. Attached are copies of the materials for Council discussion at the Study Session of April 8. . Attachments e r Sample City Resolution RESOLUTION OPPOSING THE FORMATION OF AN ELECTRIC PEOPLE'S UTILITY DISTRICT (PUD) IN MULTNOMAH COUNTY WHEREAS, Portland General Electric (PGE) has been serving the Portland area for over 100 years and PacifiCorp has been serving the Portland area for nearly 100 years; and, WHEREAS, condemnation of these two private businesses through establishment of an entirely new government entity with independent taxing powers is a distraction the community does not need as it struggles to deal with maintaining existing businesses and government services; and, WHEREAS, condemnation sends the wrong messages to businesses looking to invest in the community; and, WHEREAS, a PUD would add uncertainty to an economy that is already severely strained and further promote the view that the Portland area is "anti-business;" and, WHEREAS, local government services face the prospect of losing as much as $40 million annually in taxes and franchise fees paid by PGE and PacifiCorp; and, WHEREAS, Multnomah County schools stand to lose approximately $1.4 million a year in energy conservation funds that could help reduce operating costs, worsening the school budget crisis; and, WHEREAS, energy conservation and renewable programs in Oregon stand to lose an estimated $10-15 million a year in public purpose funds; and, WHEREAS, a start up government utility would need to go deeply into debt to acquire the facilities of the two companies and such debt would have to be repaid either through rates or through additional taxes; and, WHEREAS, a PUD condemnation proceeding will result in protracted litigation taking years and millions of dollars to resolve; and, i WHEREAS, creating a new government utility could cost the Portland area thousands of private sector jobs and create a negative impact on the overall economy; and, i i WHEREAS, a start-up government utility would own little, if any power generation and would be dependent on the volatile wholesale market for nearly all power supply; and, WHEREAS, Multnomah County would no longer be served by the integrated generation, transmission and distribution systems of PGE and PacifiCorp; and, WHEREAS, the rate BPA charges government utilities has increased approximately 45 percent since September 2001 and is due to increase another 15 percent this year alone, and unlike established public utilities, a start-up government utility would incur a Targeted Adjustment Charge to compensate BPA for the cost of acquiring power in the wholesale market; and, WHEREAS, using the state's limited federally tax-exempt bonds to purchase PGE and PacifiCorp's distribution system in Multnomah County would harm the state's low- income housing and economic development programs and local efforts; and, WHEREAS, PGE and PacifiCorp contribute nearly $1.7 million each year to local charitable causes - contributions that are not charged to ratepayers; and, WHEREAS, PGE and PacifiCorp have a demonstrated record for superior customer service satisfaction and exceptional reliability performance; and, WHEREAS, the proposal to form a new People's Utility District in Multnomah County will increase uncertainty and risk for electric customers of PGE and PacifiCorp; and, WHEREAS, The Multnomah PUD proposal offers not a single persuasive argument for customers of PGE and PacifiCorp to support formation; and, NOW, THEREFORE BE IT RESOLVED, that the Mayor and the city council of the City of opposes the formation of the PUD and the subsequent condemnation and forced government takeover of the assets of PacifiCorp and Portland General Electric distribution systems in Multnomah County. Adopted by the Council: Mayor Commissioner Commissioner Commissioner Commissioner • PU I Condemnation and the forced R1 KY takeover of Pacific Power and Portland General Electric US I N E S distribution systems are ■ ® ® fraught with risk and Pacific Power and PGE have served customers would cost Multnomah County well for more than a century. Multnomah residents dearly, at a time when our County residents enjoy excellent, safe and local economy is already fragile. reliable service and reasonable, consistent WHY THIS IS A SAD IDEA? prices, especially when compared to other parts of the country. (or, The Top 10 Myths about PUDs) The community benefits from nearly $1.7 million annually in Myth 1 -Lower rates combined local charitable support, hundreds of millions in • PGE rates are in line and in many cases below the annual payroll, strong corporate cultures that support rates of other northwest utilities, including many PUDs and cooperatives. employee volunteerism in all facets of the community, and • The Oregon Public Utility Commission (OPUC) reviews/sets private utility rates - there's no such about $40 million a year in taxes and fees that support review for public power. Myth 2 - Stable rates government programs. • Average cost per residential kilowatt-hour (or 1,000 kWh per month) was about 32 percent higher in 2002 than The amount of debt a people's utility district could amass to buy 1997 among the six large publicly owned utilities in Oregon. • How will a new PUD - starting with none of the the systems is, by proponents' own low estimates, $1.9 billion. advantages of PUDs formed 30, 40 and 50 years ago - maintain rates at the current level, much less lower prices? That's before they've even identified a viable power supply - at . A start-up government utility is likely to have no generating plants, subjecting customers to the volatile open power any cost - to serve local customers. market for 100% of its electricity supply. Creating a start-up government utility could have a devastating Myth 3 - Cheap SPA power • Start-up utilities may not have access to BPA power. impact on jobs, local government revenues, the overall economy . BPA power isn't cheap. and electrical service to about 300,000 customers. Forcing • EPA's rates increased 45 percent in the last two years. • An additional 15 percent increase is due this year. Multnomah County electricity customers to switch to a start-up Myth 4 - Tax-free debt entity is a risky and expensive proposition. • The Oregon Public Power Coalition admits takeover costs could be $1.9 billion. ,I • That estimate is probably low. 11 ` - Federal law limits the amount of tax-exempt bonds available for use in Oregon. oel PC Low-income housing, municipal water and sewer plants and economic development projects share the state's bond volume cap. Last year, only $35-40 million remained voriiand Gird Electric available. Myth 5 - Generation ownership would be Myth 7 - More money stays here part of a now PUD • PGE and Pacific Power/PacifiCorp both have headquarters • A start-up utility would own little, if any, generating capability. in Portland, producing thousands of jobs in Multnomah • It would be entirely dependent on today's volatile, County and supporting annual payrolls of several hundred unpredictable wholesale market for nearly all of its power million dollars. supply. • Their combined impact on the local economy is much • Oregon law doesn't allow condemnation of thermal plants greater than that. and there are significant legal questions about a PUD's • Schools, government services could lose up to $40 million ability to condemn hydro plants. annually - PUDs are exempt from many taxes and fees. • For example, courts denied Emerald PUD's attempt to • Nearly $1.7 million each year is contributed by PacifiCorp condemn North Umpqua River Hydro Project. and PGE to local charitable causes. • Likewise, assets located outside of Oregon are not subject to Myth 8 - More responsive to customers Oregon's condemnation laws - 20 percent of PGE's thermal generation assets and most of Pacific Power's • PGE and Pacific Power are tops for customer service in generation are outside of Oregon. Oregon, with the lowest number of "at-fault" customer complaints of any major utility in Oregon, as reported by the Myth 6 - Public ownership is good OPUC. for the environment • PacifiCorp was awarded "Most Improved Electric Utility" by • Both Pacific Power and PGE are among the nation's top TQS Research and was ranked sixth nationally in overall utilities for successful renewable energy programs. satisfaction among large industrial and commercial • In fact, PGE's commitment to purchasing renewables customers. enabled the construction of the first wind power plant and • PGE standards for reliability, safety, and customer service the first working biogas power plant in Oregon. have improved every year since 1997. • Pacific Power's Blue Sky renewable energy program ranks • Pacific Power not only promises a certain level of service, third and PGE's Green Power Program ranks fourth on the but guarantees it, paying customers if they don't live up to a Department of Energy's national Top 10 list for customer service commitment. participation in "green pricing" programs. • PGE and Pacific Power answer to the OPUC regarding • More than 20,000 Pacific Power customers and 20,000 PGE customer service - a PUD does not. customers have signed up for renewable energy offerings - 80 percent of all green power sold in Oregon and Myth 9 - Condemnation at bargain basement prices Washington is to PGE and Pacific Power customers, • Most utilities sell for 1.5 to 5 times book value. according to the Renewable Northwest Project. • The OPUC allows a private utility purchaser to charge • The EPA's Green Power Leadership Award recognized ratepayers only the actual book value, regardless of sales Pacific Power, PGE and the OPUC for growing green power price - so ratepayers are protected. programs. • National Arbor Day Foundation and the National Association • Government utility purchaser can charge ratepayers 100 State Foresters designated Pack Power a Tree Line percent of costs associated with the purchase -ratepayers of USA Utility two years in a row. aren't protected. • Pack Power contributed about $50,000 last year to Earth Myth 10 - Setting up a PUD in Multnomah County Connection, Oregon Environmental Council, Friends of makes sense Trees, Nature Conservancy, Climate Neutral Network and • It has a negative impact on customers, schools, communities others. and Pacific Power and PGE employees. • Each year PGE contributes to numerous environmental • A negative impact and added uncertainty for the local causes and employees volunteer thousands of hours to economy that is already severely strained. groups such as SOLV and Friends of Trees "Seed the Future" campaign. • It's bad news for a community that has already lost many • PGE established the first green building standards as part of corporate headquarters. its Earth Advantage construction program. • Its an unsettling message to businesses being wooed to Portland - come to Portland and maybe we'll take over your • PGE is a corporate leader in restoring salmon and steelhead business. habitat in Oregon. P'GE Portland General Ekctric MEMORANDUM TO: Honorable Mayor and City Council K 1 FROM: Bill Monahan ~ ~ r~-~/t/.//,~) RE: PGE information an renewable energy - clean wind DATE: April 7, 2003 Recently Mayor Jim Griffith and I met with Judy Crafton and Paula Conway of PGE. During the course of our meeting Judy provided us with information on the opportunity that the City has to become a purchaser of renewable energy. Specifically, clean wind is now available to commercial and industrial customers. Attached is information about the program which Council may wish to consider. Should the City choose to purchase some of its power as a participant in the clean wind program, we can expect an increase in our energy costs, starting at $17 a month per meter or there are potential benefits available. The benefits are the opportunity to publicize the fact the City is demonstrating its concern for the environment and commitment to renewable energy in Oregon. If the City Council would like to pursue Tigard's participation in this program, staff will take steps to gather additional information on this program. Please let me know if you wish for staff to look into the costs of Tigard's participation in the program. C: Ed Wegner 1AadmXb1114nem os\2003\cound14-7-03.doc 0 a ~ ~C :er Q c S_•. ~ r~~ f ~ r~ ~ % ?i 14 - E x `?~,.E,Yt ~.'tLyro~ .u6R.~ ' ~,1+ tY`(~fStS" - > >ar r r. p(~ s€ ~t- ~.~~.7 Y~! / f F't Olin q T g•,, tl~ • t sit E4'v~~t rc i ~t f t N-rl~Z I < n'3rwi ~~J- pi x• ` r ~4 . +c`1~ i !T C. t• 7 ..,3' y r 4 ~ J ~ . r •y 1•~ 1r" a it ti, e-.. t 4c,5 r r i 21 { 'I"' . t of wt j: ' i g.r.~rr YI•rtl '~~la:` j'A1..7 `.•y f f NOT ?MAIU~ ICE? a r, ~xff S*le vti r f;j'xe+n4• r tt a~rxf' Y et f t z h'~~~-~-• ~~r' j r,'xty PGE/ .4 7 r P a t #I Portland General Electric r fStrt!.uit+, h. t r. Y i fir 7 1 ,t Ar LI R ~.I num 'tic "t r .f lt~r~~~il/ ' f f,~ lJii!!V.•f.".T~l Pr r :e(I P : i11I`t P'.+~r5. t'P r.~ Clean Wiricf matters tQ yoUr o tior►vnth: eS new customers g rnd enco4ra9 Wind provides your ?can Clean WI SOUrrceS Clean. onsirabe your co or Wable: re w wind power, a simple way to dean j retie t'and comnv ~t to 97 Wind is 100 p~~.t ne « 51 Iv~~ PGE's Clean designated f the enV1T0nm , from Wind farms . movable eneTKy. ~ T Clean Nruid comes the Renewable or ' V endorsed'by such groups Coalition, PGE j t ' ne~ n,n new and d Northwest Energy. u #or Clean Wind . VVtnd Northwest Proj Council. Purdue g When you sign . I? , decals and C1n Resou~ erase helps build and Natural farms provide you with,N;ndow on our aue (depending y ~Grp n t.~► from new wind will renewable energy in the Northwest. a Certificate or plc! d we2`g dfarmsrighthere ufimerlt! tx;d more win rve level of co~ , out' et, inexpens oigazuzaon } ,,rasa : x4 IUM TO LARGE easy to bud5... ramble. Yo COUNT ualss?; r DENTIAL ACS Flexible, advertising 20000 t°m fOR MED Wind xs easy az'd aff° ree$ over. , NONRES1 Supp°rting4eazi andyour newslettez,wkuch kil°watt hour y up for green (Schedule 83) Starting at 1.7 cents p er half the price of the With citizens ing°ri signing er choosing pGE's ; {his new plan is numbers, oW to make normal rate, roduct preOly offered to our large power in near record or,strate your company`s You have the p Clean Wind p Industrial customers. Clean Wind helps d ble tr a difference tomers commercial and minimum purchase support for a sustaina rs offering ~hedule 83 cus . Now PGE ~ laz e companies and Here`s how it works: There's a Beyond that, (medium to very g a month - that's 1ust t dollar oxganizati oris) an easy, fordable way z of 1,000 kWh You designate a se t and publicize y°ur the choice is yours t exhibits your commitment support renewable energy ent. We have mount per month tha ou decide °n a figme~ _ commitment to the envir°r'm ental to renewable power. How do y tment to to med P th the Bonneville Fn"uO tour Clean Wind commi xofit corporation an the You may wany verall energy use - Foundation- a none eWable reflect a pexcerttage of your o t or more . PGE wholesaler of ren ercent,10 p~e' d redictable He~p bJ -:1 d a g~{er t~` Northwest s leading Wind whether that's 1 P to be iflexible an P Lui y er offer you Clean igned Clean Wind d your budget. Very up f0, Clean tDcla to en gy des to buil nto c so its easy for y° j1N1Wa) car' Choose to use Pub sip ake a er to m k ! t u',,r lar a customers ( CleanWind• °Tgar"nationhas the pow cting •~"~tQ, r g es for buying Your u for Clean Wind by conta lrog Bpnn~~~je, t purpose Chazg difference. sign p ~,g a message = r r mss, ?5f3a s t i~Qu< f er or sera GE account manag 4t-~ !._taa 'COYlN~ti ' L ~r yi ^ CS 3.1 nvi~ol~►na 4 i t:;! ~.b .a cU delivered Ol1T Wab~es~p9n•C0~1 ~ Ott#: ~i ~maspecificgenerationfacility ourelectriCity y ail to retie tY our designated po OII o1 y ual via e-m You will not have elects but tgs „f 5;,'.;` your orSanization. Y Northwest power grid on an anti o},. directly to laced in the ti ' `1:T c consumption wilt be rep wind power. basis by 100 percent new x - ff~~ ~«ra .•r g0NNE~ILLE ENViRON ATN0 N FOUND ~ a & ~ndustria~ customer gupp ~I~dsm Co'm'merc~a~ CI orr requirement below • . 0111001 of A°al P'- licable suPP Patron Patron that meet the aPP 30-A, Usage of ua1 e Customers ~ 15o/a Am' ~1Usag~ Of 10, 000-100, a 000 499,k999 k lof of Annual usage 5 /o . an gusSess/Goveeat 500,000+ kKh • Governrnn 500,000+ k" Divalent of medium e gusine or the eq be e B~;ness ter of 4,000 kWh per month ired to VerY Large G°ve rnment is TOY d to be ent below: rea largest locat%os also require uirem e Very G' service territoN the suPP°rt req who sign UP fof han orle loc thation, t are subject to 10,000 00month as more in e p a customeCemaining l°cat~o 000 kWhimonth , • less than, U QOgk each than 10, e If in and gp onS~r using electrial neater GUStomeCS ua1 usage 10% of uhefoaanmanim le power. Gustomers using g signed P eWab 15%0 f uai Usage s+gned up for ren p00 k ' 10 f of ~ al Usage 100, ,999kWh 3 /oo of wua1 u 10,000- 499 . • a an ovemment 15oo,00p+ kWl' Public Medium Busy sslGo ernment 500,000+ k Portion of their Large B ;ri13usi the Renewables P Very Large Business Very Large GOVernment der PGE's Schedule 54 using ~ nwI Clean W ind un wlbx X1,000 Kwh~ if a U chase le 5~ pirectcr who sign up to put Gustomers under PGE's seheoher location. Purpose Charges ower un least one amount of renewable Pning up for at E~~{rIC Um means sig d Genera, t minim rn►nim also participan o sign up for the location, um P~~~a~ ers custom has more than one cu e 's k usag ,a from PrI0 calendar year *as determine OWN t0mer senelits rticipant - g~Cla~ Cus pa Director ,pYCerClaO X SM Sponsor O'eanWind x patron X X x x x x x prornot'on X X X Certificate for Portland Business 3o~a1 X Oregonian an X X Quarterly e' t mtnate Advertisements pag X 00 Oil pGE's web Site p-r customers X X Listing power Newsletter that reaches 20, Green d at varOus events X Business Listed ~n collateral, ads, X E Publications an, anous pG Festival, Earth Day Name featured in v events N. Such as portl and at Blues community X trade shows, media X X to van°~ Greg ercee Portland Business journal, itches Comm X Medea Daily Journal of a;azine x Oregon Business M X X Earth Day promotions - TBD X X Plaque aPPrOPr'ate~ ,qews Release ~ ward X Company offer able power evvards Mountain EnergY or Yene"'a X Custo pGE and Green who sign up f programs for customers , f-1~►c pGE Officer P • n of plaque and Photo oPP°~ity ~~41e~a resentatro rograni X ppt~~nd ee Recognition eeprogram recogn ition preen power ized EmPW a customized employ mitment to buy g Gusto pGE provides s on your com To educate employee Agreement to Purchase Clean WindSM Green Tags This is made on this day of , 200 between Portland General Electric ("PGE") with a business address of 121 SW Salmon, Portland, OR 97204 and ("Customer") with a business address of This Agreement is subject to the terms and conditions of PGE's tariff on file with the Oregon Public Utility Commission ("OPUC"), Rate Schedule 54, Large Nonresidential Tradable Renewable Credits Rider, as it may be amended from time to time. A copy of the current Schedule 54 is attached to this Agreement as Exhibit A. Customer agrees to purchase a total of kWh of Clean Wind from PGE per month effective at a cost of $ per For purposes of this Agreement, PGE's Clean Wind represents the non-power environmental attributes derived from wind generated electricity. These non-power attributes are commonly referred to as "Tradable Renewable Credits" or "Green Tags". The Customer's purchase will result in an equivalent amount of generation from qualified renewable resources in Oregon and Washington being transmitted within the Western Electricity Coordinating Council (WECC) area. Customer understands that it will not directly receive electricity from a specific generation facility. In addition, a portion of the Clean Wind charges will be spent to support the construction of additional new renewable generation sources in the Western United States. The renewable energy charge is an additional charge in accordance with PGE's Schedule 54 Customer agrees that the renewable energy charges will be added to Customer's monthly electric bill for service at the following address: Service address: City, State, ZIP: Account no. Customer agrees to purchase renewable energy commencing with the next regular billing cycle following the effective date of this Agreement. Customer remains subject to all rates and conditions of its regular rate schedule. Customer may terminate this Agreement at any time upon thirty days written notice to PGE. Other than modifications which result from changes approved by the OPUC in the applicable tariff provisions referenced and incorporated herein, no modification of this Agreement shall be valid unless made in writing and signed by PGE and the Customer. No waiver of any provision of this Agreement shall be valid unless made in writing by the waiving party, and no such waiver shall be deemed a waiver of compliance with any other provisions or conditions of this Agreement. This Agreement and the rates, terms and conditions described in this Agreement, are subject to all changes in applicable tariffs and all lawful orders of the Oregon Public Utility Commission. For the Customer: For PGE: By: By: Name: Name: Title: Title: Date: Date: As Seen Sunday, 212/03 LOOK WHAT'S BLOWING INTO TOWN. INTRODUCING CLEAN WIND` - 100% WIND POWER FOR YOUR BUSINESS. As a medium to large business customer of FGE, you now have an easy, affordable way to support renewable energy and publicize your commitment to the environment. We've teamed up with the Bonneville Environmental Foundation - the Northwest s leading nonprofit wholesaler of renewable energy - to offer you Clean Wind. CLEAN WIND ENCOURAGES NEW RENEWABLE RESOURCES PGE's Clean Wind is 100% new wind power from Oregon and Washington. Your purchase of Clean Wind helps build more wind farms right here in the Northwest. FLEXIBLE, EASY TO BUDGET, mEXPENSIvE Supporting Clean Wind is easy and affordable. Starting at 817 a month, this new plan is half the price of the renewable power product previously offered to our large commercial and industrial customers. CLEAN WIND MATTERS TO YOUR CUSTOMERS Clean Wind provides your organization with a simple way to demonstrate your concern for the environment and commitment to renewable energy in Oregon. We have 20,000 (and growing) customers who purchase renewable power from PGE and look to local businesses as leaders in the effort to help keep Oregon clean You too can choose clean, renewable energy and join companies like: Nike Tektronix Norm Thompson West Linn Paper Company SUMCO Oregon Port of Portland Lewis & Clark College Multnomah County ThMet EPSON Portland, Inc. Kinkors The rerwwable power team at Portland General F]echic congratulates the pioneering COMpartles listed above for their support of renewable power from PCE.Irs your vision that makes the world a better place. To find out how you an reap the benefits of dean Wmd and learn more about r specific program details, contact your PGE account manager or write to renewa6lestipgnmm. WW W. P 0 R T LA M 0 0 C N C R AL. C 0 M/C LCAM W 1 NO F.GI a Wart F J O O ~ z a MEMO April 14, 2003 TO: Cities in the PGE Service Area FROM: Ken Strobeck, Executive Director RE: Update on PGE Purchase There has been relatively little public movement recently on the issue of the possible purchase of Portland General Electric (PGE) by the City of Portland. At the beginning of the year it was anticipated that there would be a public announcement of who was involved in the bidding process to purchase the electric utility from bankrupt Enron, but that announcement has been postponed indefinitely. The original time frame had anticipated identifying and narrowing the qualified bidders in late 2002, and choosing a purchaser in early 2003. While that timeline has obviously slipped, there is no word on when, or if, it will be updated. Technically there has been no formal acknowledgement that the City of Portland has taken a formal role in the process, however there are clear indications that the city is likely participating. In January, in cooperation with the City of Portland, the League held a meeting for cities served by PGE to discuss how a governance structure might be established if the city purchased the utility. Cities and counties in the PGE service area are concerned about having a voice in how the utility is managed in the event it does convert from private ownership to municipal ownership. The Public Utility Commission (PUC) regulates private electric companies, but not municipally- owned ones. The PGE service area stretches far outside the boundaries of the City of Portland and local governments want the ability to have some way to provide input about decisions that C may affect their communities. At the meeting Portland City Commissioner Erik Sten made it clear that if Portland purchases i PGE the city does not intend to manage the utility itself. In February, Portland sent out a Request for Qualifications (RFQ) to get a sense of who may be interested in the day to day management of the utility. In essence, this was a first step in a process to identify and choose a qualified entity. The city was encouraged by the positive response to the RFQ. In addition to the City of Portland being a possible candidate to purchase PGE, local Portland attorney and activist Dan Meeks is leading an effort to establish a People's Utility District (PUD) to take over ownership of the utility. Because consumer-owned utilities are not regulated by the Public Utility Commission, the issue of forming a PUD has fallen to the Oregon Office of Energy to determine the merit of the proposal. Last week, the Office of Energy took testimony on the issue at a public hearing that lasted well into the evening. The Office of Energy is now charged with issuing a report outlining the benefits and disadvantages of.forming a PUD to assume ownership of PGE. The report will be forwarded to Multnomah County. The county will then determine if the issue will be sent out to a vote of the people. With the legislative session underway and the decision of who will purchase PGE not yet finalized, there is an opportunity for the legislature to become involved in the outcome. There have been several bills filed that directly relate to the authority of the City of Portland to purchase PGE. At this time, the decision about PGE's future is still an inside game and, to outside observers, it appears no closer to being resolved today than it did six months ago. The League is continuing to monitor this ongoing situation and will provide updates to you as soon as they are available. Multnomah County PUD Testimony of Stephen R. Hawke Vice President, System Planning & Engineering Portland General Electric April 7, 2003 Please accept this letter as written testimony regarding the proposed formation of the Multnomah County People's Utility District. I believe this effort to be counter to the interests of the citizens of Multnomah County. As background, I am Vice President of System Planning & Engineering for PGE. I am a graduate of Oregon State University with Bachelor of Science degrees in Electrical Engineering and Mathematics. I have a master's degree in Business Administration from Portland State University. I am a registered Professional Engineer in the State of Oregon, and am a past President of the Professional Engineers of Oregon. I am a senior member of the Institute of Electrical and Electronics Engineers, and hold a number of community and professional board positions in Oregon. I have been at PGE for 30 years, and my area of expertise is overseeing the construction, maintenance and planning for the infrastructure we use to serve our 742,000 customers, including more than 248,000 customers in Multnomah County. I have worked in all of the geographic areas of PGE, and have a background in all of the company's transmission and distribution systems, including the network system in downtown Portland. I would like to address what will happen in this process after the attorneys are done with their ten's of millions of dollars in court activities, and after the financial professionals are done with their ten's of millions of dollars of financing activities. At that point, the engineers and construction crews will need to begin the real work of building a system to make it all work. The creation of a PUD in Multnomah County presents complicated issues around the break up of the existing transmission and distribution systems. PGE and Pacific Power each own and operate their own network, poles, wires, substations and other critical equipment that serve all of their customers. These systems do not conform to the boundaries of a single county. To begin with, the physical transmission and distribution systems will need to be separated. The best way to think about this is to imagine a map a very complex map of every transmission line, every substation, and every wire that it takes to provide electric service in all of PGE's service area- from the Columbia River to Salem ...from Grand Ronde to the top of Mt. Hood. It looks very much like a map of all the roads in our service territory. This PUD proposal, in AV essence, asks us to basically build a brick wall that follows political lines. On one side, would be the Multnomah County PUD. On the other, the rest of PGE's system and our remaining 494,000 customers. This is the equivalent to L •ailding a wall around Multnomah County and placing a dead end on every street that crosses the county line. You can imagine what would happen. You drive down each street, hit the wall at the county line, and then just stop for no apparent reason, except for the arbitrary brick wall. We will need to do the same thing to the electrical system we will need to dead end each electric line in both directions at the county line, and then rebuild and add new facilities on both sides in order to maintain service. In many cases, the quality and reliability of the system will decrease. In the case of the PGE electrical system, it will require the construction of a minimum of six new substations - at a cost of about $3 million each. The next step will be the reconstruction of 16 high voltage transmission lines ...think of these as our I-5 type freeways. Then the reconstruction of 59 main feeder lines similar to 82 nd Avenue or McLoughlin Boulevard. Then the reconstruction of 195 smaller neighborhood feeders (both overhead and underground) similar to our neighborhood streets; and then the reconfiguration of hundreds of individual customer services... think of these as your driveways. In many cases, customers large and small will need to spend money on the facilities they own in order to accommodate the reconfigured facilities. And they'll have to do so, even though it will not result in one bit of improvement to their system or reliability. All that I've just described takes into account only PGE's area - the same kind of process and costs will have to be conducted with Pacific Power as well. As examples of how these impacts occur, I have attached some sample maps. The first (Exhibit A) shows our high voltage transmission system and the location of the required reconfiguration points. The other example (Exhibits B and Q shows our feeders into a major subdivision in Northwest Portland, the Forest Heights subdivision. We currently feed this area from four different substations (three outside of Multnomah County, and one inside). All of the main feeders to this area would be broken apart as they all are routed outside of Multnomah County. In this case, the construction of one, two, or more substations would be necessary to match the reliability the area currently receives. These are examples only, and are representative of the kinds of problems to be addressed hundreds of times in the future. When you add all this up, I estimate costs to complete this part of the process will approach $50 million for PGE and most likely another $50 million for the start up PUD. Add to that i whatever it will cost for Pacific Power. That's over $100 million just to build that electrical brick wall, with not one benefit for customers. In fact, we'll actually be r degrading the quality of the electric system in many areas. In addition, PGE operates a sophisticated network system in downtown Portland a type of system found only in the largest cities in the country, and one that takes highly specialized engineers and crews to maintain and operate. With 80,000 citizens working downtown each day, the safety and reliability aspects of this system are critical. Surrounding the network system are high reliability underground systems that feed the Portland State area, the Pearl District, and Northwest Portland. And, surrounding this are high capacity radial systems that provide significant economic value to the Northwest Industrial District, and other key areas throughout the county. The technical and organizational complexity necessary to maintain and operate these has been built up over the I I4-year history of the company and could not be readily accomplished by a start-up organization unfamiliar with the systems. As staggering a task as building the imaginary brick wall and breaking apart our system would be, it is matched by other equally significant and expensive tasks. There is a significant logistical infrastructure that will need to be relocated. PGE is committed to the communities it serves and will likely choose to continue to locate close to its customers. There will be a number of cities that will want to attract and accommodate the relocation of a $2 billion+ company with 2,000+ employees, but the physical effort will be significant. After evaluating the various ownership verses leasing options, the needs for a new main facility including the new reconfigured copper, fiber and microwave communication systems, new phone switches, new servers, and a new incident command center, in addition to two new line crew centers, and the associated relocation of all the people will cost over $100 million. Regarding the myriad of computer hardware and software systems, these are items licensed to PGE and the start up utility will need to start fresh with systems to serve a quarter of a million customers. These expenses will easily be in the tens of million of dollars. The experience necessary to successfully build and maintain all of these complicated systems cannot be easily replaced. In our company alone, we have over 38,000 years of experience--over 380 centuries of knowledge of our systems and our customers that an inexperienced start-up company simply cannot duplicate. The employees don't automatically come with the formation of a PUD. Many, if not most, simply won't. The reason PGE's reliability and quality are the best in the state is a testament to this experience. With the quarterly and annual reports issued to the PUC, there is constant review and analysis of the value the customers are receiving each day in their homes and businesses. PUD's in Oregon have thus far, not been willing to undergo this same scrutiny and oversight. Additionally, the innovation and creativity that comes about from our knowledge and experience has produced national class programs in tree j trimming, UNITY products, FITNES programs, decentralized repair experts and so on. This quality comes from a history of understanding customer needs and designing programs to flexibly meet those needs. Experience does count and provide value in the utility industry. So, there is a bottom line from this briefest of technical and engineering overviews. While everybody so far is engaged in the politics and the rhetoric that goes along with it, people have not taken the time to consider the real world t implications of what will happen with their ideas. From a technical and engineering point of view, the PUD is not a good idea. I wouldn't want to have a wall built at the county line stopping all the streets and traffic, and I do not think we want a wall built at the county line that blocks the flow of electricity either. After the attorneys spend ten's of millions of dollars, the financial experts spend ten's of millions of dollars, and the engineers and crews spend hundreds of millions of dollars to break the system apart, and then the PUD goes billions of dollars into debt, the customers are left with a system that is worse than what they had before. Higher rates for a lower quality of service at a time when there are many more important things to be spending our attention on just does not make sense. Intergovernmental Water Board CURRENT TERM EXPIRES Represents Durham Patrick Carroll December 2003 8223 Wilderland Court Durham, OR 97224 Res: 503-620-5778 Bus: 503-777-3361 Fax: 503-775-6447 (Alternate Fax: 503-258-0132) Durham Alternate Chris Hadfield 8253 SW Woody End Durham, OR 97224 Res: 503-620-1877 Represents Tigard BRIAN MOORE, Council President 9835 SW Kimberly Drive Tigard, OR 97224 Res: 503-620-6972 Bus: 503-570-4406 brian moore _pgn.com Tigard Alternate Craig Dirksen 9131 SW Hill Street Tigard, OR 97223 Res: 503-639-0903 dirksen.home@verizon.net C Represents King City Jan Drangsholt December 2003 t 16555 SW Monterey Lane i King City, OR 97224 Res: 503-620-2869 Bus: 503-639-3771 King City Alternate Doug Comstock I:ADM\Board & Committee Roster.doc 16 Revised: 04115103 r . Intergovernmental Water Board cont'd. CURRENT TERM EXPIRES Represents TVWD Norman Penner December 2002 14712 SW Woodhue Tigard, OR 97224 Res: 503-579-5822 Fax: 503-590-4737 Member-at-Large Bill Scheiderich December 2003 13655 SW Steven Court Tigard, OR 97223-5007 Res: 503-598-9567 Bus: 503-5626-2215 Fax: 503-526-2479 PURPOSE: The Intergovernmental Water Board was established through an intergovernmental agreement to make recommendations to the Tigard City Council on water issues and to carry out other responsibilities as set forth in the agreement. MEMBERS:' Five (5) members established through an intergovernmental agreement between the cities of Tigard, Durham, and King City and the Tigard Water District. Each district is represented by one member and one member is appointed at-large. MEETS: 2"d Wednesday of the month, 5:30 p.m., Tigard Water Building STAFF LIAISON: Ed Wegner i I I I I I:ADM1Board & Committee Roster.doc 17 Revised: 04/15103 r Intergovernmental Water Board CURRENT TERM EXPIRES Represents Durham Patrick Carroll December 2003 8223 Wilderland Court Durham, OR 97224 Res: 503-620-5778 Bus: 503-777-3361 Fax: 503-775-6447 (Alternate Fax: 503-258-0132) Durham Alternate Chris Hadfield 8253 SW Woody End Durham, OR 97224 Res: 503-620-1877 Represents Tigard BRIAN MOORE, Council President 9835 SW Kimberly Drive Tigard, OR 97224 Res: 503-620-6972 Bus: 503-570-4406 brian mooreCq-)p n.com Tigard Alternate Craig Dirksen 9131 SW Hill Street Tigard, OR 97223 Res: 503-639-0903 dirksen.home@verizon.net t r 0 Represents King City Jan Drangsholt December 2003 16555 SW Monterey Lane King City, OR 97224 Res: 503-620-2869 Bus: 503-639-3771 King City Alternate Doug Comstock I:ADM\Board & Committee Roster.doc 16 Revised: 04115103 AGENDA ITEM # FOR AGENDA OF April 15, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on Long Term Water Supply 11 W PREPARED BY: Dennis Koellenneier DEPT HEAD OK G~ CITY MGR OK ISSUE BEFORE THE COUNCIL Several significant events have happened since the last Council update affecting Tigard's efforts to secure a long term water supply. While this joint meeting w/ the Intergovernmental water Board was originally scheduled and anticipated to be the final recommendation to become a member of the Bull Run Regional group, that situation has changed. City staff will brief the Council and IWB on the most current information available regarding both our relationship with the City of Portland and our efforts to become members of the Joint Water Commission. STAFF RECOMMENDATION No action is recommended at this time. INFORMATION SUMMARY The City has been actively pursuing ownership in a long term source of water. Past and current Council goals, as well as the visioning process, have consistently directed the City in this direction. We currently are working on two projects to this end, one being the regionalization of the Bull Run system and the other being membership in the Joint Water Commission. The City of Portland has recently withdrawn their support of a regional agency at this time. The City of Tigard is currently dependant and will continue to be dependent on the Bull Run system to meet a portion of our water supply needs. Tigard, along with the other suburban wholesalers must now shift their focus to the negotiation of new wholesale contracts. At the same time progress is being made in our efforts to gain membership into the Joint Water Commission (JWC). The current members of the Commission have directed their staff to negotiate the general terms under which Tigard would become a member. Tigard is currently requesting a membership that is based on the ability to obtain a firm four million gallons a day (4 mgd) supply from the JWC. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Current Council Goals and the Visioning document identify the desire to obtain a long term water supply. ATTACHMENT LIST N/A FISCAL NOTES N/A UPDATE: Tigard's Long-Term Water Supply Options MD/7tymif Cly Cantu lowU-emg April 13. 2003 WHY? rconrd its r>n~te to bI0eMWMft provide for: - Currwdwaterdomands • FutwvvaWdenwift to To sect daaand, Tigard purchases waW from: - Jc*Matm Corrnhsion - Ciy cf Pa0ard Watw Bureau T q;ard Water Demands 2002Arer"eDwUyDemand (ADD) - so mion 0afons per day 2M P4vkVdlyDeneand (PDD) ■ 1324 mi kx galons per day FMILw&DwMwWs (2010) ADD-6.76 m1son ganons par day • PDD -17.15 mAfon galons per day 1 IDENTIFIED OPTIONS r Becuaue a pw6a1 oavner of: ~ .JcirttAla~rC.o►runissiorh: or proposed Bull Run Regional Drinfdng VYatar Agency ll Run nal Drinkin ter Agenc Proposed BRRDWA phramd vAder Bureau - 1. No wgiornfzation at this time - - phase III assessment - Addi local Tune 2 Begin ranapot"aion process d wholesale contracts 2 Estimated Cost of Portland Contracts Over 30 Years sas Total cost m eves $6662 Nihon ss w q Options for Relationships • Curnu rybased on vendor-customer y ■ Proposing vendorcustmw rabdom** w Auftm ty way be based on coMboraise rdationstdp Cunaent Contract Methodology • C" costs based on budget Peak-wimon costs allocated using changes in demand Rats of return based on index ~i the of replacement coat I depreciation I 3 Revised Pricing Proposal ~111~ed on acAwt Nstoria~l ~toroatn.e~a~a+ ~ f~A oPnlgea bead on PWO on,:bnWWm arc stl. Padua. Method for O&M Calculation """tom Aon WX§tffft ia~edYdriMladon ,t-;~,o i `M1 ~ 0 0 4 Joint Water Commission • Collective Water Supply Agency • Task 5 TuaMn River Watersheds • Current Owners asst:-rs • 70 MW Treatment Plant ■ Barney $ Sooggins Reaermir ■ OW Rnished Water Reservoir ■ Transmission Lines Membership Model CwftrAIyRecelvhV: 2 at0, g Wkm per day r Nomination (200): ■ 4 anion gallons por day . TON Noo4tation (2018): ■ 18 miion gallons a day 5 aani~9tue JWc t 1df daY . "-s3po ows''°l j Joe .amt ~,~et ri9M' fl~cial CQ~~dgeations . PAO" caTOWO Coot of . r ~Yfn f3uY ~K is to be pale C w~° ° cost5 Captai Impro:Trenhyxint lans Optipansion • xpansion Optixpansion ■ lant Sites Tiigard's Costs for Projected Capital Expenditures AVO % OF courcomw OWNERSHIP COST 22AM 528,712,281 lissom IVAMW MmR 27."% 519,063,617 ttse~tiivfons, Fow*Mdnsi 27.13% $13,090,042 IEnwnaiis ltagssehtdoa liars 27.00% $7,364,349 TarAL $w w0 ooo to 569,000,00o Contingent Upon a iY CO) TJVnrz 100% putielpel}on Is contingent upon: • Buy43ack Provisions J M - Wheeling Issues W J 7 Implementation A ell - ttawwW T%Wd buyan? - when H happen? , ~ - wa the cosh be spread out over 40 years? Now What? PorQad Water Bra eau Re "Vade s whOeaele water Cwftcts (05.05.03) doiKMEeir Commission n ~r^ - CanfAW neyotiatfons Par*00 in feasibility studies Oihar carom to pursue Omer water source opportunities Quarterly Updates Next Meeting: .,un► 95th, 2005 Jok t WM and Tigard City Council Meeting 'llpdr~sr~be ptovidedsoaro►ifdevrabpmsnts oc"r 8 AGENDA ITEM # FOR AGENDA OF April 15, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Skate Park Site Criteria Review PREPARED BY: Dan Plaza, 2590 ' DEPT HEAD OK CITY MGR OK 'y ISSUE BEFORE THE COUNCIL Shall Council review & consider potential City-owned sites and give staff direction on whether or not Council will allow a skate park to be built on one of the identified sites. STAFF RECOMMENDATION Staff recommends that Council give direction on whether or not Council will allow a skate park to be built on one of the identified sites. INFORMATION SUMMARY The Skate Park Task Force, created by the Mayor in 2001, has met many times over the past eighteen months. The highlight of the process thus far has been the development of a skate park design funded and approved by City Council. The facility can be built in three phases with the total square footage of the facility ranging from 15K-25K square feet. The biggest challenge so far has been identifying a site for the skate park. The Task Force has looked at public property and private property. The cost of private property is prohibitive and has caused the Task Force to focus on publicly owned properties. The Task Force and City staff have analyzed 12 different publicly owned sites. A matrix, setting forth 16 criteria, was developed to analyze the 12 publicly owned sites. Six of the sites are owned by the City and the other 6 sites are owned by either TTSD or CWS. Each of the TTSD or CWS sites are not available at the present time. The reasons range from an agency needing the property for future use and/or expansion purposes, too projected relocation costs being prohibitive or their proximity to residences. The six City- owned sites are: 1) parking lot area at City Hall, 2) Niche Building/parking area, 3) Cook Park, 4) Summerlake Park, 5) Public Works area and 6) Fanno Creek Park Extension area. Summerlake Park met with considerable resistance by the homeowners living in the area as did TTSD's Fowler School site on Tigard Street. The City Hall parking area, Nitch Building/parking area and the Public Works area were identified in January 2003. i The Skate Park Task Force met on April 2 to review the matrices. Many Fowler area residents, as well as Task i Force members, were at the meeting. After considerable discussion the attendees unanimously endorsed the City Hall parking lot area as the preferred City-owned site. Their second choice is Cook Park. The Task Force still feels that the best site is the School District's Fowler Middle School property off Tigard Street. Of course, the Fowler area residents remain adamantly opposed to the Fowler Middle School site. Another challenge for the Task Force will be fundraising once a site has been identified. Task Force Chair, Rich Carlson, has asked that the City-owned sites be brought before Council to ascertain if the City Council will allow a skate park to be built on any of the properties. For the record, it should be noted that Council "directed [staff] to delete this item [skate park construction] from further consideration as a financial issue. If the skateboard park is to proceed, it will need to be funded entirely by donations and fundraising. No City money will be used to construct the park." Rich Carlson has been notified of Council's directive. The Task Force remains enthusiastic and they feel that the identification of a site would provide the impetus for a fundraising campaign sometime in the future when the economy improves and local governmental issues are resolved. OTHER ALTERNATIVES CONSIDERED Do not build a skate park on City-owned property. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY City Council Goal #4 - Continue to implement the City Park Master Plan ATTACHMENT LIST Attachment 1. - Dan Plaza Memo to Ed Wegner Re: Property Site Criteria Matrix Attachment 2. - Aerial Photos of City Hall Parking Area and Cook Park FISCAL NOTES No funds are budgeted for the construction of a skate park or for further site analysis. MEMORANDUM TO: Ed Wegner FROM: Dan Plaza \"__0 RE: Skate Park Site Criteria Matrix DATE: April 3, 2003 The purpose of the "Skate Park Site Criteria Matrix" was to set forth, in one document, an analysis of various City-owned, TTSD-owned and CWS- owned properties. Attached are the site criteria matrices for City-owned and non-City owned properties. I will be presenting these to the Task Force Committee on 4/2 and City Council on 4/15. Based on previous experience with skate park feasibility analysis, and dialog with Task Force members and City representatives, important criteria were established as a basis for comparing potential skate park facility sites in Tigard. Sites analyzed included City-owned property and other public and private properties. The matrix sets forth 16 criteria used to objectively compare the potential sites. The 16 criteria are as follows: 1) Central Location within Tigard 2) High Visibility 3) Parking Availability 4) Restroom Availability 5) Off'-site Conflicts 6) Acreage to support skate park and auxiliary facilities 7) Constructability-buildable land, able to handle staging area, utilities in place i 8) On Public Property J) Zoning 10) Allowed Use 11) Displaced Parking 12) Ownership 13) Availability 14) Are any Master Plans in place which need to be adhered to or modified 15) Expansion Possibility 16) Accessible to Public Transportation The matrix is divided into two parts. One for City-owned property and a second for non-City-owned property. The City-owned properties are: - City Hall Parking Lot area (identified in January 2003) - Nitch Building/Parking area (identified in January 2003) - Cook Park - Summerlake Park - Public Works/Ash Street Dog Park (identified in January 2003) - New Library Building Site The non-City-owned properties are: - TTSD Bus Barn across the street from City Hall - TTSD Fowler School baseball field area - TTSD Old Adm Bldg & School Site on Pacific Highway - TTSD Fowler School property on Tigard Street - CWS property near Tigard High School - CWS property at Durham Road area As you know, the residents who live in the Summerlake Park vicinity were opposed to a skate park being built at the park. Also, the residents who live near the Fowler School site on Tigard Street were opposed. Further, the Mayor, early-on, expressed his desire to have a skate park built at a site other than Cook Park. Fanno Creek Park is not available due to greenspaces, natural areas, and wetlands, etc. Further, a skate park would not be compatible with Library use and programs. None of the non-City-owned properties are available at the present time. The reasons range from an agency needing the property for future use 9 and/or expansion purposes, projected relocation costs being prohibitive, or r I nearby resident concerns. It has also been determined that building a skate park on private property would be cost prohibitive. Also, a skate park is a non-allowable use in commercial and industrial zoning (except for temporary use, or if land is in a floodplain). As you know, I am trying to set a meeting with you, Bill, Jim, Matt and me to review the matrix and aerial photos prior to the April 15 Council workshop. It is unknown, at this time, if the Task Force will make a recommendation to Council. I believe it is important to note that Rich Carlson, Task Force Chair, wants to begin the process of obtaining the City's approval for building a skate park facility on a City-owned site. And, for the record, Rich has been notified that Council has given direction to staff that "....No City money will be used to construct the park." CITY OWNED PROPERTIES Criteria MOW-15K sq. R. Skate Park CI Hall Parkin Lot Nithh Bldg Cook Park Summerlake Pk PW-Ash St. New Libra Site Not available due to greenspaces, natural areas, wetlands, etc. non-compatible with Library use and 1 Central Location es es no no es programs no es no 2 High VIsI6111 es as 3 Parkin Availability es es es es room Avallabili must build es es no 4 Rest possibly w/ trial users & 5) Off-site conflicts with residents & nearby adjacent or nearby properties possibly employees em to ees ark users es-residents business 6) Acreage to support skate park and auxiliary facilities es es es es es 7) Constructabllity- buildable land, able to handle staging area, utilities, etc. In lace es es es es es 8 On Public Propeq es es es es es 9 Zoning CBD CBD R12/R4.5 R12 d /R4.5 d CBD 10 Allowed Use es es es es es perhaps basketball, soccer, volleyball & 11 Displaced Parkin es c3 arks no es Displaced Other no Nitch bldg no 12 Ownershl city city city city Ci!Y 13 Availability 2- ears 5-10 ears permitting permitting 4-5 ears Time of Availability Possibly in'04 or '05 1 + or - 1 year or-) yes, synced with yes, CWS 14) Any Master Plans in Library move and yes, tied to setbacks, place which may need to rehab of old Library Library move Cook Park be modified building & rehab Master Plan es es 15 Expansion Possibility no possibly to 20K no no es to 25K no no es yes, on Hall Blvd near Durham 16 Accessible b Bus es, es Road ? no Comments: adjustment CWS- purchase Miller necessary for vegetated property? - Ash network corridor (50' Street d services now, will be extension & R 126) wetland delineation consider less floodplain than 15Ksq. R. skate park potential loss wetland of Investment delineation In Niche Bldg M M NON-CITY OWNED PROPERTIES Washington Square Regional Center d Criteria Matrix-15K sq. ft. Fowler Baseball TTSD Old Adm Bldg CWS near Private Property in Skate Park Bus Bann Field & School Site Fowler-TI and St TTSD CW Durham general Not feasible due to prohibitive land costs, zoning, etc. A Skate Park is a non-allowable use in commercial and industrial zoning (except for temporary use and it 1 Central Location es es es es onolno land Is in a flood lain 2 HI h Vlsibili ssible uestionable de ends on location es es 3 Parkin Avallabiil limited uestionable ssible es es 4 Restroom Availabili must build must build ma exist es must build possibly (teachers more than CWS & If a landowner is willing likely will be yes-residents would Yes, residents and TTSD possibly CWS to donate land the area 5 OH-site conflicts with unlikely 1 strongly opposed) like) oppose some leachers employees employees may be considered adjacent or nearby properties 6 Acreage to support no es questionable es no es skate ark and auxiliary facilities 7 Constructablll question- es questionable es no es buildable land, able able to handle staging area, utilities, etc. In lace 8 On Public Property es es es es es es 9 Zoning 1L R4.5 R12 R4.5 1P ? No, if zoned Industrial or 10 Allowed Use ? es CUP es ? ? commercial 11 Displaced Parkin es no unknown no no no yes, bus softball field, open Displaced Other spaces turf area unknown o n s acs ? fountains, etc TTSD-leased 12 Ownership out TTSD TTSD TTSD CWS CWS No, needed for Doubtful, will save TTSD willing to No, possible future cafetedargym/staget reconsider at a needed far 13 Availability No expansion kitchen/lunchroom later date future use No Time of Availability 1 ear + or- yes, need for 14 An Master Plans in TTSD es es no n/a future use place which may need to be modified 15 Expansion Possiblll no no no n/a to 20K unknown s to 25K unknown es 16 Accessible b Bus es no es no es es Comments: TTSD valuable land 8 major relocation demolition costs costs are prohibitive 1 1/2 St. Imp poor access I flood lain i City H 11 as ;4n f ~ Y•.,7. • I i~. . - ~ ! ,~j, \ . r'YF.a„ ~ • 1 > .tom AM, AM tip r, i a~ • ••i 19 4 i y ~~v~o~a_f ~ z a i rtic- Now i. IITP- par f Coo~ Y o'o YYY r„'.`~~7 v~1 a 1 ~ ~+:rl+~.»o, • • • r `'~,~1~ ' ~•u7r~~'•:^ qty _ r,.~ f ' ~p • j ~ ~ ,~yrr ~ , lti S _ ~ ••yu:~. r '-'tom, t+,S'yrr, r`Xr .YrY~ r; 't I 'I r~ i ••#v: ~ y 'S K ti' ..w ~ r G r - ~ A' I l , ( ,r 1 f T 1. A' •s _ J f~ t 4~k £ P.. ill Mf ~ ~t cry -Z f":. rT.. + i r AGENDA ITEM # FOR AGENDA OF 4/15/02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Communication Plan Update PREPARED BY: Elizabeth Newton DEPT HEAD OK TY MGR OK k/w Q - 94 - V " ISSUE BEFORE THE COUNCIL An update on the city's communication efforts. STAFF RECOMMENDATION No recommendations are contained in this report. Information only. INFORMATION SUMMARY This is an update on the city's major communication efforts: The new Focus on Tigard program, Communication Plan, press releases, Community Connectors, cable television, Cityscape, the web site, the Goal Guide, and the TVTV Bulletin Board. The City received the Good Governance Award for large cities from the League of Oregon Cities in November at the state conference. The City was recognized for its communication efforts in connecting with citizens. OTHER ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life Goal 1, Strategy 1, "Improve communication about all aspects of the city's business." ATTACHMENT LIST o April 1, 2003, memorandum from Liz Newton regarding the "Update on the City's Communication Efforts." FISCAL NOTES None I.4Aft% %corn=nlcat1on efforts agenda summary.dx MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Liz Newton, Assistant to the City Manager RE: Update on the City's Communication Efforts DATE: April 1, 2003 As Council may recall, the City of Tigard was awarded the Good Governance award by the League of Oregon Cities at the state conference last November. The City was recognized for its communication efforts in connecting with citizens. Staff is proud of the award but recognizes that our communication efforts with citizens can always be expanded and improved. This memo provides an update of the status of many of the tools used to communicate with citizens and promote their involvement in community issues. Focus on Tigard At Council's last discussion of the City's communication, councilors concurred with staffs recommendation to discontinue the CIT format and begin producing monthly informational programming to air in the CIT time slot. "Focus on Tigard" was produced and aired for the first time in February. The focus that month was on long-term water. Ed Wegner and Dennis Koellermeier were joined by representatives from the City of Portland and the Joint Water Commission to present a complete picture on the long-term water supply issue. The focus in March was on the downtown commuter rail project. Beth St. Amand and Barbara Shields presented information about the commuter rail program and process. The focus in April will be on code enforcement and the new citation process. Court Manager Nadine Robinson will moderate a discussion that will include Code Compliance Specialist Christine Darnell and Municipal Judge Michael O'Brien. i Announcements on city programs and upcoming events start each Focus production. i The Focus on Tigard format involves less staff time overall. The taped to air format i allows staff more flexibility in format and media. Staff is also able to do more preparation in advance since there are no questions from an audience during the presentations. The department communicators serve as the group that selects and schedules "Focus on Tigard" topics. If council members have ideas for topics, please let me know. Communication Plan The department communicators are scheduled to discuss an update of the communication plan at their meeting on April 14. At that meeting the communicators will also present their department's web page information. The group will also discuss the importance of including a communication plan element for all proposed programs and projects. This plan could be a simple list of communication tools that will be used and their target audience or, in the case of a large multi-year program or project, the plan may be several pages. For example, the library prepared a very comprehensive communication plan to get information out on the bond levy. The benefit of preparing a communication plan is for staff to be proactive on how, when, and to whom to get information out. City councilors should expect to see information on communication plans in future City Council agenda packet materials. Press Releases Staff continues to fax at least one press release per week to newspapers regarding a current issue, event, or program. An average of 85% were printed each month from November through February. Community Connectors Regular communications continue. Three new connectors were added since the last report to Council. One in the Three Mountains subdivision on Bull Mountain, one on Tigard Street near Fowler Middle School, and former City Councilor Ken Scheckla. A higher priority still needs to be placed on enlisting more connectors. The community connector program will be the administration department's focus at the community outreach meetings in April and May. Cable Television The Network Services Division allocates .5 FTE to cable television productions. That resource is able to produce two council meetings per month, the Focus on Tigard, and four other special programs per year with the assistance of some volunteers. Staff is L exploring options for training additional city employees and volunteers to expand the city's cable program production capacity. n Cityscape Options for reducing the cost of producing and distributing the Cityscape have been presented as part of the budget discussions. Options include going back to one color a and reducing the number of issues printed each year. Meanwhile, staff is exploring less expensive printing options. Web site The City continues to add new features to the web page. In addition, over the last three months, all City departments have done extensive reviews of the information they post on the web to determine if more or different information should be included and to ensure information posted is current. Visits to the web site have increased since October from just 27,210 to 30,703 per month. Goal Guide The Goal Guide publication has been discontinued since information on the progress on council goals is now available on the City's web page. Bulletin Board City Councilors may have noticed a "new look" for the information that airs over the TVTV Bulletin Board. Yes, Tigard's looks different from other jurisdictions thanks to Nancy Lof of the City's staff. Nancy worked with TVTV to design the new look for Tigard. We're hoping to incorporate photos soon! MadmUizlcommunication efforts memo to council.doc AGENDA ITEM # FOR AGENDA OF April 15, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion on Downtown Lon Term Redevelopment Strategy r Y MGR OK PREPARED BY: Barbara Shields DEPT HEAD OK A~Al ISSUE BEFORE THE COUNCIL Discussion and review of Downtown Long Term Redevelopment Strategy. STAFF RECOMMENDATION Information only. INFORMATION SUMMARY At the April 16, 2002 meeting, Council directed staff to move forward with the planning effort to evaluate a range of opportunities associated with the impacts of the commuter rail within the context of the overall planning effort for downtown Tigard. A commuter rail train system would carry commuters from Wilsonville to Beaverton. As part of this system, Tigard would have a station in downtown and one located within the Washington Square Regional Center. Three public meetings, attended by both downtown business and property owners, were held between May and August. Initially, the activities of the downtown group were focused on the informational aspect on the commuter rail operations, including station design and traffic circulation elements. As a result of these meetings, the downtown group determined that the objective of the present planning effort is to develop an implementation program, which would identify the type and scope of infrastructure improvements needed to enhance the station design and the area in the vicinity of the station. In November 2002, City Council appointed a 12-member Downtown Task Force charging the group with three main objectives: 1. work closely with Washington County and Tri-Met to influence the station's design; 2. examine Downtown traffic infrastructure improvements; and 3. develop a workplan to address revitalization and economic development needs in Downtown. On March 25, 2003, City Council accepted and endorsed by resolution the Downtown Task Force's recommendations for the station design, which signified completion of task 1. At the April 15`h workshop, City Council will review a general approach for the overall redevelopment strategy. The proposed strategy involves three major phases (Attachment 1): Phase 1: Preparation of Assessment Report. The objective of the assessment report would be to build a comprehensive factual base related to the downtown area (Attachments 2 and 3). I:\CDADM\JERREE\Agenda Sum\4-15-03 Downtown Redevelopment AIS.doc Phase 2: Preparation of Downtown Revitalization/Redevelopment Plan. The objective of the redevelopment plan would be to develop strategies for infill and redevelopment in the downtown area and identify key infrastructure improvements as downtown revitalization catalysts. This phase would involve a possibility of a Transportation and Growth Management (TGM) grant to prepare a redevelopment plan (Attachment 4). TGM applications are due May 23, 2003 for the 2003-2005 biennium. Phase 3: Preparation of Downtown Infrastructure Implementation Program. New Title 6 of Metro's Functional Plan directs local jurisdictions and Metro to develop individual strategies to enhance each 2040 Center. The main objective of this phase would be to develop a logical and realistic improvement program to stimulate redevelopment strategies in the downtown area. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life Goal #3: Provide opportunities to work proactively with the Tigard Central Business District Association (TCBDA) business and property owners and citizens of Tigard to set the course for the future of the Central Business District. ATTACHMENT LIST Attachment 1: Downtown Long Term Redevelopment Strategy, Chart Attachment 2: Scope of Downtown Revitalization Assessment Report Attachment 3: Downtown Task Force 2003 Meetings Attachment 4: Redevelopment Plan: TGM Grant and No TGM Grant Alternatives FISCAL NOTES N/A i I:\CDADM\JERREE\Agenda Sum\4-15-03 Downtown Redevelopment AIS.doc Attachment 1 Downtown Long Term Redevelopment Strategy Phase Scope of Activities Timeline Assessment Report June '03- Dec. '03 Objective: Build Task Force /Council factual base on Downtown Downtown Revitalization Plan Jan. '04- (TGM grant) July '05 Strategies to encourage infill and redevelopment in Downtown: Land Uses and Zoning ■ Multi-modal circulation improvements (pedestrian, transit, neighborhoods) Public and potential private investments ■ Design characteristics suitable for Downtown Objective: Correlate/identify infrastructure improvements (mainly transportation) as downtown revitalization catalysts i.e., Hwy. 99W, Main Street 3 Downtown Revitalization/ Aug. '05- Implementation Program Dec. 707 ■ Will meet new Title 6 Functional Plan requirements to enhance 2040 Centers (Town Center) Objective: Develop improvement program to transition from "vision to reality" for Downtown Tigard-specific urban densities I:\CDADMUERREEWgenda Sumk4-15-03 Downtown Redevelopment Attach 1.doc Attachment 2 Downtown Revitalization Assessment Report 4 AREAS: 7 Regulatory ® Context (City and Metro) ® Central Business District, Town Center Land use ® Commercial, Industrial, Residential ® Existing Design Transportation m Transportation System Plan (TSP) ® Auto, Bus, Pedestrian, Rail, Bike m Parking a, Economic Indicators Others: Study Area Profile Previous Efforts Asset Mapping IXDADMVERREEVIgenda Sum\4-15-03 Downtown Redevelopment Attach 2.doc Attachment 3 Downtown Task Force 2003 Meetings April -Pedestrian May -Final Pedestrian -Previous Efforts Duna Regulatory Context July Land Use August No meeting this month Sept. Transportation October~ -Asset Mapping 2 -Economic Nov./Dec. Discuss Work Plan ' Items Jan. Final Work Plan Priorities I:\CDADM\JERREE\Agenda Sum\4-15-03 Downtown Redevelopment Attach 3.doc u Attachmen 00 Kdlgpppppp velolpm t4o °rG on1V ®h ns l{,an elra► ftedeve`op'~,en 1 G ent Gen on~jc pna y n pna~ys~s rye pssessm t1o soon ransportateo ~c►prehensItvdeen `~~~ted ~ co tion Ue Of ~orre~a ei®p°~ent' ton scope no"l`c Deg t stare '~.and use, neat►oas' eco a s-9 enf ~'as General ent and ~age F. s lea - ° d snono~~~ use m ®ev - ~ina~ eloph~tectaral an Mnlti'VIyo®p Assess uand . tao prce able to Fatty pass cono1n+o sXpert►s p+f Y a, ergse use, Designs on ear IEyp Potential e Y Otte dear ~.ir~►e era% ~undl Gen ltant stal" lime ~u states Colts Budget Ci rt~t ° j Z G- e Impact why staff T►~ t tact AGENDA ITEM # FOR AGENDA OF April 15, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on the Washington County Cooperative Library Services Funding Formula. PREPARED BY: Margaret Barnes DEPT HEAD OKI I CITY MGR OK ISSUE BEFORE THE COUNCIL Additional discussion of the library funding formula for Washington County Cooperative Library Services (WCCLS). STAFF RECOMMENDATION The purpose of this presentation is to provide an overview of information about the funding formula. INFORMATION SUMMARY In 2001 and 2002 staff presented information to the Council about the WCCLS funding formula. For Fiscal Year 2002/03, the current funding formula was slightly amended rather than finalizing a new formula. For 2003/04, we anticipate a similar amendment while the Washington County libraries continue to deliberate on a formula that is acceptable for all WCCLS members. In FY 2001/02, approximately 65% of the Tigard Library's operational budget was funded by monies received from the County based on the funding formula. Based on current projections, we expect to be reimbursed a similar percentage for 2002/03. Currently, WCCLS is developing different formula options to present to the member libraries this spring. At this time, staff is prepared to update City Council on this process. OTHER ALTERNATIVES CONSIDERED N/A i VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST N/A FISCAL NOTES N/A MEMORANDUM TO: Honorable Mayor and City Council FROM: Margaret Barnes, Library Director mow!' RE: WCCLS Reimbursement Formula DATE: April 7, 2003 C: Bill Monahan, City Manager Each year, the City receives a reimbursement from Washington County Cooperative Library Service (WCCLS) for library services. This funding is based on a formula, which is agreed upon by all the members of the Cooperative. The funding from WCCLS is used by the City for library operations. Historically, the formula was linked to the three- year serial levy. Every three years the formula was reviewed and agreed upon by all member jurisdictions. In FY2001-02, after the three-year serial levy ended, member libraries began to re-evaluate the formula to determine whether to restructure the method of reimbursement. The Cooperative Library Advisory Board (CLAB) was unable to reach agreement on a new formula. Instead, the CLAB recommended the institution of a one-year extension. This amendment was the basis for the payments received for FY 2002-03. During FY 2002-03 CLAB conducted additional discussions and analysis to recommend a new formula. WCCLS contracted with a consultant to work with CLAB to recommend a new formula acceptable to all parties. !n December 2002 the CLAB accepted a new formula that is problematic for a number of libraries, including Tigard. In January 2003 CLAB recommended instituting th- current formula for FY 2003-04 only. The attachments describe the distribution of funds for FY 2003-04, as well as the criteria used to determine the reimbursement for each library. For FY 2002-03 Tigard received $1,237,470 in reimbursement funds. With the failure of the WCCLS operational levy last fall, the projection for Fiscal Year 2003-04 is ' $1,092,520, an 11.7% decrease from FY2002-03. It is also less than the FY 2001-02 reimbursement which, was $1,199,259. In FY 2000-01 the City received $1,223,991. These figures indicate a consistent decline in the level of reimbursement the City is receiving from WCCLS. The current reimbursement formula (which is in place for only FY 2003-04) relies heavily on the circulation of items as a basis for reimbursement. The member jurisdictions are currently working to develop an acceptable formula. Tigard and other cities have recommended new criteria for inclusion in the formula. The goal is to develop a formula that more accurately represents the changing nature of library services. WCCLS has contracted with a consultant to assist with the resolution of the formula. In May the consultant will present several different formula options for review by WCCLS members. WASHINGTON COUNTY nfive Library Services Formula Weighting Factor Input Area Exhibit A - Public Library Services Agreement Reimbursable Circulation 70.0% Volumes Added _ 5.0% Collection Expenditures _ 5.0% Full Service Facility Weekly Hrs Open 1! 5.0% Internet Public Access Technology 1 5.0% - Adutf/Ycuth Program Attendance 2.5% Service Population 5.0% Reference Transactions , 2.5% Enhanced Payments Comparison of 03-04 to 02-03 One-time Comparison after adjustment Formula Received in Increase(decrease) Adjustment Increase(decrease) Library 2003-04 2002-03 $ % for 03-04* $ % Banks $ 90,891 $ 73,735 $ 17,156 23.27% $ 73,735 $ - 0.00% Beaverton 2,625,958 1__._ 2,948,570 _ (322,612) 94%, 2,625,958 (322,612) -10.94% Cedar Mill 1,474,289 1 1,658,166 877 09%° (183,8T?) 183 1,474,289 1831877) 11.09% - - Comehus 111,951 I 99,982 11,969 11.97% 99,982 - 0.00% Forest Grove ( 421_555 449,905 (28,350) 6.30% 421,555 (28 350) 6.30% Garden Home I 227,735 206,311 21,424 10.38%1 206,311 Hillsboro 2 47&5 48 ; 2,887,366 (411,818) _ 14.26%i 2,558,955 _ _(328,41 1) -11.37% - Sherwood ! 305 035 318,211 (13,176) 4^.14% 305,035 - (13,176) 4.14% - - - Tigard 10922L29 i 1,237,470 (144,950) 11. No 1,092,520 (144,950) 11.710/ Tualatin 607,730 574,872 32,858 5.72%J 574_872 - I 0.00% WestSlo e" 306,788 i 376,782 69,994 -18.58%, 306,788 69,994 -18.58% Totals 1$ 9,740,000 10,831,370 1 $ (1,091,370) -10.08% $ 9,740,000 $ (1,091,370)1 -10.08% Allocation Available: $ 9,740,000 * Per CLAB, on December 4, 2002, a one-year adjustment, for the 2003-04 fiscal, will be made whereby no library will receive more than received in the 2002-03 fiscal year. Any amount allocated to a library through the Enhanced Formula that exceeds that library's 2002-03 payment will be used to reduce the City of Hillsboro loss. "West Slope expects to receive a fire insurance adjustment to offset lost circulation revenue. 3/24103CLAB approved Enhanced Formula for 03-04.xls Allocation of Performance Indicators Full sere Facility Internet Public Adult(Youth Total Reimbursable Volumes Collection Wkly Hours Access Program Service Area Reference Enhanced Library Circulation Added Expenditures Open Technology Attendance Population Transactions Services Weight - % 70.0% 5.0% 5.0% 5.0% 5.0% 2.5% 5.0% 2.5% 100.0% $to Allocate $ 6,818,000 $ 487,000 $ 487,000 $ 487,000 $ 487,000 $ 243,500 $ 487,000 $ 243,500 $ 9,740,000 Banks $ 37,229 $ 8,929 $ 2,771 $ 24,8681 $ 7,379 $ 3,208 , $ 5,083 ( $ 1,425 j $ 90,891 Beaverton ! 1,839,943 127,390 165,266 , 49,045 213,985 63,925 115,011 51,393 2,625,958 Cedar Mill 1,127,151 63,553 56,086 42,8281 56,571 54,425 49,028 24,6i6- 1 1,474,289 Cornelius 42,4241 5,330 3,366 31,776 9,838 4,7451 12,1841 2,2881 111,951 Forest Grove 266,268 28,331 23,039 42,828 _14,775810,223 1 _ 27,378 8,730 421,555 j Garden Home 158,055 9,120 7,048 35,230 2,460 i 6,289 1 61242 ' 3,2921 227,7351 Hillsboro 1,781,987 121,728 118,282 88,420 100,843 31,3041 154,032 78,9521 2,475,5481 Sherwood ' 203,085 14,408 12,176 41,4471 4,919 7,9631 17,217 3,8201 305,035 ~Ti aM 7,485 765,315 54,810 58,907 47,664 31,975 31,5351 64,829 _ 3. . . I 1,092,520 ! (Tualatin I 396,174 35,045 30,1121 44,901 1 36,894 21,5261 24,414 1 18,663 1 607,730 West Slope I 200,371 18,3571 9,9471 37,9931 7,379 8,356 1 11,582 1 12,8041 306,7881 TOTAL 1 $ 6,818,000 I $ 487,0001$ 487,000 1 $ 487,000 ! $ 487,0001$ 243,5001$ 487,000 ! $ 243,500 1$ 9,740,000 Audit Check $ 6,818,000 $ 487,000 f $ 487,000 $ 487,0001$ 487,000 $ 243,5001 $ 487,000 $ 243,500 ! $ 9,740,000 (Audit Check Error - - ( - I - j - - - - - (Amount per Value $ 1.081$ 2.99 i $ 0.25 i $ 690.78 i $ 2,459.60 ' $ 2.31 ; $ 1.07 S 0.09 A B C D1 E F' K G Source: WCCLS WCCLS OSL Part4 OSL Part 6 OSL Part 8 OSL Part 6 WCCLS OSL Part 6 #4.10 #6.22 #8.7 06.31,9633 0&29 To calculate FY 03.04 payment: Full service Adjusted Facility Internet Public AduWYouth - Reimbursable Vole Collection Wkly Hours Access Program Service Area Reference Circulation Added Expenditures Open Technology Attendance Population Transactions Library 2002 FY01-02 FY01-02 FY01-02 FY01-02 FY01-02 FY01-02 FY01-02 Banks_ 34,539 2,9_87 11.017 36, 3 1,388 4,757 1,976 Beaverton 1,707,016 42,617 657,147 - - 71 87_ 27,656 - - 107,643 71,246, ,Cedar Mill 1,045,720 21,261 . 223,016 62 23 . 23,546 45,887 34,167 Cornelius 39,359 1,783 13,385 46 4 2,053 11,403 3,172 Forest Grove 247,031 9,478 91,608 62 6 4,423, 25,624 12,103 Garden Home 146,636 3,051 28,024 51 1 2,721 5,842 4,564, Hillsboro 1,653,247 40,723 470.323 128: 41 13,543 144,164 ; 109,451 Sherwood 188,413 4,820 48,415 60 2 3,445 16,114 i 5,296 t Tigard 710,025 18,336 ! 234,233 69 13 13,643 ; 60,676 ! 51,966 Tualati n 367,552 11,724 119,736 65 15 9,313 22,850 _ 25,873 West Slope 185,895 6,141 39,552 55 i 3 3,615' 10,840 i 17,750.! TOTALS 6,325,433. 162,921 1,936,456 705. 198 105,346 455,800: 337,564: AGENDA ITEM # I FOR AGENDA OF 02/12/02 errs Or TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE 'rMC Chapter 2,24 Amendment PREPARED BY:M. O'Brien & N. Robinson DEPT HEAD OK CITY MGR OK 1Jb14_ ISSUI? BEFORE THE COUNCIL Should Chapter 2.24 ("Criminal Procedure") ol'the 'Tigard Municipal Code be repealed, allowing the City to apply procedures already established by State statute? S TAI-F RECOMMENDATION Approve the ordinance repealing Chapter 2.24 ol'the Tigard Municipal Code. INFORMATION SUMMARY The substantive rights and procedures that apply to criminal cases are extensively regulated by state statute. These statutes pre-empt our local ordinances, which already duplicate or mirror the provisions of state law. If Chapter 2.24 is repealed, it will no longer be necessary to periodically revise City ordinances to conform to legislative changes in Chapters 133, 135 and 156 of the Oregon Revised Statutes. Criminal cases can be handled more efficiently by attorneys who utilize Statewide statutes rather than local ordinances that may vary from one jurisdiction to another. Section 2.24.030 of the Code is unique in that it requires the Municipal Judge to assess a $5.00 indigent defense cost when a guilty finding is entered by the judge in a criminal case or a $60.00 indigent defense cost when a guilty finding is made by a jury. 'rhe Find was originally established to offset the cost of court appointed attorneys. Since the Municipal Court stopped taking criminal cases in the late 1980's; the indigent defense account is no longer utilized. OTHER ALTERNATIVES CONSIDERED Leave the existing language and update any outdated references. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST 1) Ordinance, including Exhibit A. FISCAL NOTES Repeal of the ordinance will avoid future costs to the City for revisions and maintenance of Chapter 2.24. Since the Indigent Defense Account is no longer utilized repealing this section will have no financial impact.