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City Council Packet - 05/13/2003CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING May 13, 2003 COUNCIL MEETING WILL BE TELEVISED H.UEANNODOCSICCPKTI 13126 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. "47 Meeting of Co I i7 COUNCIL MINUTES TIGARD CITY COUNCIL MEETING May 13, 2003 Mayor Griffith called the meeting to order at 6:30 p.m. Council Present: Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 6:30 p.m. to discuss current or potential litigation under ORS 192.660 (1 h). Executive Session concluded at 6:59 p.m. • STUDY SESSION o Insurance Coverage for Council Risk Manager Loreen reviewed types of policies, the carrier, and coverage for City Council, including liability, bonding and workers compensation. City Attorney Ramis reviewed the layers of protection: 1) City will indemnify Council members to the extent that Council members were performing their duties. 2) A tort claim must be brought against the City, not an individual. 3) Council members have statutory immunity for policy decisions (virtually anything on a Council agenda where discretion must be exercised). Make sure decisions are made as a "council" not as an individual. 4) City provices insurance coverage protection. To keep protection: 1) Act as a body 2) Exercise good faith in decision making 3) Don't engage in self-dealing (personal gain) Attorney Ramis briefly reviewed ethics violations. Special areas to be aware of. 1) No insurance coverage for "takings" cases 2) A council member can be personally liable for unauthorized expenditures (using city funds to promote advocacy on ballot measures, personal expenses, or not following budget laws) Tigard City Council Meeting Minutes - May 13, 2003 Page 1 o Administrative Items School Student ■ Mayor was "shadowed during the Council meeting by High Katherine Parr-Philipson. Katherine Parr-Philipson was introduced to the City Council. ■ Paul Brems Resolution - Council agreed to consider a proposed resolution acknowledging the efforts of Paul Brems during his tenure as the Tigard High School Student Envoy to the City of Tigard. A draft resolution was distributed to Council members who considered the resolution during the Business Meeting before the Visitor's Agenda. ■ Consider whether to place a resolution for Council to consider opposing formation of an electric people's utility district (PUD) in Multnomah County (Proposed Resolution distributed to Council). Council agreed to consider the resolution as a non-agenda item during the business meeting. ■ City Recorder Review - On May 20, 2003, Council members will return questionnaires about the City Recorder's performance review to the City Manager. Council will return questionnaires by May 20. ■ Consent Agenda Councilor Wilson noted questions about how franchise agreements are structured. After brief discussion, City Manager suggested that franchise agreements be placed on a future agenda for Council review. ■ Transportation Financing Strategies Task Force - Membership Council will consider new members for continuing work that needs to be accomplished. BUSINESS MEETING 1.1 Mayor Griffith called the City Council 8z Local Contract Review Board meeting to order at 7:30 p.m. 1.2 Roll Call: Mayor Griffith, Councilors Dirksen, Moore, Sherwood and Wilson 1.3 Pledge of Allegiance 1.4 Council Communications ez Liaison Reports: None Page 2 Tigard City Council Meeting Minutes - May 13, 2003 1.5 Call to Council and Staff for Non-Agenda Items: Discuss and consider the Council's opinion about the formation of an electric people's utility district (PUD) in Multnomah County. (See Agenda Item No. 8) 2. PROCLAMATION 2.1 Mayor Griffith proclaimed the Week of May 18 to 24, 2003, as Emergency Medical Services Week. Shane Ryan, Communications Director, and Sue Higgins, First Responder, from Metro West Ambulance noted they appreciated the City's support. A plaque was presented to the Mayor. ➢ CONSIDER A RESOLUTION ACKNOWLEDGING AND COMMENDING PAUL BREMS FOR HIS EFFORTS AS THE TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD Motion by Councilor Sherwood, seconded by Councilor Dirksen to approve Resolution No. 0-3-14. RESOLUTION NO. 03-14 - RESOLUTION ACKNOWLEDGING AND COMMENDING PAUL BREMS FOR HIS EFFORTS AS THE TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 3. VISITOR'S AGENDA Tigard High School Student Envoy Paul Brems Paul Brems introduced Angela Jensen, who is the Student Envoy to the City for the upcoming school year. Mr. Brems issued a report on student activities to the Council. Tigard Area Chamber of Commerce President-Elect Dan Murphy Tigard City Council Meeting Minutes - May 13, 2003 Page 3 Dan Murphy reported the Shining Stars Banquet was a great success. He noted upcoming Chamber of Commerce events. 4. CONSENT AGENDA: Motion by Councilor Dirksen, seconded by Councilor Wilson, to approve the Consent Agenda as follows: 4.1 Approve Council Minutes for March 18 and 25, and April 8 and 15, 2003 4.2 Receive and File: a. Annual Solid Waste Financial Report Findings b. 2003 State Domestic Preparedness Equipment Grant 4.3 Approve Submittal of a Transportation and Growth Management Grant Application for Preparing a Downtown Redevelopment Plan - Resolution No. 03 - 15 4.4 Local Contract Review Board: a. Award Contract for the Construction of Embedded Crosswalk Lighting System on Bonita Road to North Star Electrical Contractors b. Award Contract for Engineering Services for the Design and Construction of the New 550 Foot Reservoir #2 (Rider School Reservoir) to Murray, Smith and Associates, Inc. The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 5. UPDATE ON NEW LIBRARY Library Director Barnes updated Council. The design is complete. Construction is scheduled to begin in June. The project remains on schedule and within budget. Final designs and floor plans were presented to the Council. The groundbreaking ceremony is scheduled for Saturday, May 17, 10 a.m. on the new library site. Tigard City Council Meeting Minutes - May 13, 2003 Page 4 6. INTRODUCTION TO THE COMMUNITY ASSESSMENT PROGRAM (CAP) Assistant to the City Manager Newton presented the staff report. A new program called the Community Assessment Program (CAP) was initiated on a trial basis in January. The program is aimed at validating that city employees and elected officials have a complete understanding of the existing conditions within the city on a neighborhood-by-neighborhood basis, and at ensuring that issues are addressed promptly, efficiently and in an equitable manner. The city was divided into 45 areas that generally correspond to the police department patrol grids. A schedule was developed so that each Wednesday afternoon, a team of employees covers a different area of the city. The next step in the process will be a community report, which will be issued within 30 days of the walk, ideally to a community connector, posted on the web, and summarized in the Cityscape. Staff also proposed to publicize the CAP schedule and set up an email account for citizens to submit comments, suggestions, or questions. Council indicated their support of this program. Councilor Moore said that it's a "terrific idea." Council would like to be kept informed of the walk schedule. 7, DISCUSSION OF THE STREET MAINTENANCE FEE City Engineer Duenas presented the staff report and background information. He reviewed the answers to Council questions, which were provided in a report and submitted to the Council in their meeting packet materials. Discussion followed on the allocation of the fee between residential and commercial. Staff proposes a fee based on trip generation, which is a 78/28% split for commercial/residential allocations. Mr. Duenas referred to the 15-year program for street maintenances, which was based on the Pavement Management System document. This 15-year program will be redistributed to the Council. City Attorney Ramis reviewed the difference between a "tax" and a "fee." A fee is a carefully tailored charge that relates to the service received. Council members reiterated that if a fee is adopted, then it should be reviewed regularly along with other city fees. City Manager noted that the proposed street maintenance also will take care of right- of-way maintenance, including sidewalks, on collector and arterials. Other cities' street maintenance fees do not include this right-of-way maintenance provision. There was discussion on this aspect of the proposed Tigard street maintenance fee on whether it is fair to other citizens to provide this maintenance for arterials and collectors. Council Dirksen noted the distinction whereby residents along arterials and Tigard City Council Meeting Minutes - May 13, 2003 Page 5 collectors have double frontage. They are required to maintain their sidewalks and right-of-way landscaping in front of their homes; however, often sidewalks and landscaping along an arterial or collector street is located behind the homes and is not easily accessed. Council will continue its deliberation on this matter on May 27. City Manager Monahan asked Council to submit to staff, as soon as possible, any additional questions they might have. 8. CONSIDER A RESOLUTION AMENDING THE FISCAL YEAR 2002-03 CAPITAL IMPROVEMENT PROGRAM BUDGET City Engineer Duenas presented the staff report. The proposed amendments to the capital improvement program (CIP) were to add the Bonita Road reconstruction project, delete the North Dakota Street project, and separate the Hall Boulevard/Wall Street intersection project from the Wail Street Local Improvement District. No changes in the overall CIP budget will occur as a result of the above amendments. Motion by Councilor Wilson, seconded by Councilor Sherwood, to adopt Resolution No. 03-16. RESOLUTION NO. 03-16 - A RESOLUTION TO AMEND THE FY 2002-03 CIP (CAPITAL IMPROVEMENT PROGRAM) BUDGET The motion was approved by a unanimous vote of Council: Mayor Griffith Councilor Dirksen Councilor Moore Councilor Sherwood Councilor Wilson Yes Yes Yes Yes Yes 9. COUNCIL LIAISON REPORTS: None 10. NON AGENDA ITEMS Council discussed the formation of an electric people's utility district (PUD) in Multnomah County. This matter had also been discussed on April 15 by the Council. The Mayor advised he would like to see the City take a stance in opposition to the formation of a PUD, since it appeared that a PUD would be of no benefit to the City of Tigard. Councilor Wilson commented that the Tigard community has been well served by PGE. Mayor Griffith read the proposed resolution in its entirety. Tigard City Council Meeting Minutes - May 13, 2003 Page 6 Motion by Councilor Dirsken, seconded by Councilor Sherwood, to adopt Resolution No. 03-17. RESOLUTION N0.03-17 I~ D SRESOLUTION PPOSING FORMATION OF TRICT (PUD ON MU TN MAH COUNTY AN ELECTRIC PEOPLE'S UT The motion was approved by a majority vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Abstained Councilor Sherwood - Yes Councilor Wilson - Yes Council reconvened into Study Session to continue to review the following administrative items: ➢ Board and Committee Interviews - Review and discuss schedule (information was distributed to Council) Council discussed the boards/committees that need to have members appointed or reappointed. Interview schedules will be developed to address the following board and committee vacancies: Library Board - first week in June Park 8z Recreation advisory board - late June or early July Budget Committee - no urgency since bulk of activity will not occur until next year ➢ City Council/Washington County Joint Meeting No meeting date has been set; it is likely it will be August 19. ➢ Library Groundbreaking - May 17, 10 a.m. Council was reminded about the groundbreaking ceremony ➢ Police Community Meeting: May 15, 6:30 p.m. Councilor Moore will attend this meeting. Tigard City Council Meeting Minutes - May 13, 2003 Page 7 ➢ Tour of City facilities Councilors Sherwood, Wilson and Dirksen expressed interest in a police ride-along. Police Department Staff will contact these Council members. ➢ Council Contact Information Council received a listing of telephone numbers for Council members. They will review and advise Administration Staff of any changes. ➢ Management Cost of Living Allowance City Manager noted the budget will propose a 2.5% management cost of living allowance for next fiscal year. ➢ City Manager Review Within the next two weeks Council will fill out rating forms, which will be compiled for the City Manager to review. Council will meet to discuss goals for the City Manager. It was suggested that the goal-setting discussion take place after the business meeting on May 27 or June 10. Other items - A person sleeping on the railroad tracks in the City of Tigard was hit and killed by a train last Sunday. - The Mayor will attend the trail dedication on May 30, 10:45, Fowler Middle School. 11. EXECUTIVE SESSION: Not held 12. ADJOURNMENT: 9:36 p.m. Attest: yor, i Date: rLD, 1 SADKCATHY\CC%030513.DOC GL L J2_ I.P t eri eat ey, Ity ecor er Tigard City Council Meeting Minutes - May 13, 2003 Page 8 e4 tu. Recardcr Revised 5/13/03 Mayor's Agenda CITY OF TIGARD OREGON PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the beginning of that agenda If no sheet is available, ask to be recognized by the item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired the Council hearing and should P ease scheduled for Council meetings by noon on the Monday prior call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA page 1 COUNCIL AGENDA - MAY 13, 2003 AGENDA TIGARD CITY COUNCIL MEETING MAY 13, 2003 6:30 PM STUDY SESSION > INSURANCE COVERAGE FOR COUNCIL Administration Staff > DISCUSS THE PROCESS FOR THE CITY MANAGER'S REVIEW Administration Staff EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations and current or potential litigation under ORS 192.660(l d) and (1 h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council at Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. PROCLAMATIONS 2.1 Proclaim the Week of May 18 to 24, 2003, as Emergency Medical Services Week Mayor Griffith Mayor: Emergency medical services personnel provide an invaluable service to our community. These highly-trained professionals stand ready to provide life-saving care to those in need 24 hours a day, seven days a week. In recognition of their dedication, skill, and the integral role they play as the initial responders in a medical emergency, and with the concurrence of this City Council, the City of COUNCIL AGENDA - MAY 13, 2003 page 2 Tigard declares the week of May 199, 2003, as Emergency Medical Services Week. 7:40 PM 3. VISITOR'S AGENDA (Two Minutes or Less, Please) ga'r. dl gi S oo Stude~i Envoy PainlBrems TieardArea Chamber of Commerce President ~EIE 7:45 PM 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Minutes for March 18 and 25, and April 8 and 15, 2003 4.2 Receive and File: a. Annual Solid Waste Financial Report Findings b. 2003 State Domestic Preparedness Equipment Grant 4.3 Approve Submittal of a Transportation and Growth Management Grant Application for Preparing a Downtown Redevelopment Plan - Resolution No. F-y' 5 4.4 Local Contract Review Board: a. Award Contract for the Construction of Embedded Crosswalk Lighting System on Bonita Road to North Star Electrical Contractors b. Award Contract for Engineering Services for the Design and Construction of the New 550 Foot Reservoir #2 (Rider School Reservoir) to Murray, Smith and Associates, Inc. • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. COUNCIL AGENDA - MAY 1312003 page 3 Presentation by Metro West Ambulance - Shane Ryan, Communications Director, and Sue Higgins, First Responder, from Metro West Ambulance will do a brief presentation. 7:50 PM S. UPDATE ON NEW LIBRARY a, Staff Report: Library Staff b, Council Discussion d oc J m J 8:00 PM 6, INTRODUCTION TO THE COMMUNITY ASSESSMENT PROGRAM (CAP) a, Staff Report: Administration Staff b, Council Discussion 8:20 PM 7. DISCUSSION OF THE STREET MAINTENANCE FE a, Staff Report: Engineering Staff b, Council Discussion THE FISCAL YEAR 2002-0 9:20 PM g, CONSIDER A RESOLUTION AMENDING3 CAPITAL IMPROVEMENT PROGRAM BUD a, Staff Report: Engineering Staff b, Council Discussion C. Council Consideration: Resolution No. V3~ = Councilor. 1 move for adoption of the proposed resolution. Councilor. I second the motion. Mayor: Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. , please say "aye. Councilors: Mayor: All of those opposed to adopting Resolution No.----, please say "nay. " Councilors: Resolution No. _(is adopted or fails) by a (unanimous, or however votes Mayor: were split) vote. page 4 COUNCIL AGENDA -MAY 131 2003 9:35 PM 9. COUNCIL LIAISON REPORTS 9:40 PM 10. NON AGENDA ITEMS 9:45 PM 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:50 PM 12. AD]OURNMENT LW D KCATHY\CCA\030513). DOC page 5 COUNCIL AGENDA - MAY 13, 2003 ~sr Z O y Q O O~ vW 0 V 2 U O O C U Q. Cl) O Cl) O N U C (D 3 y C U O c m a~ `o J City of Tigard Capital Improvement Program Budget Amendments May 13.2003 Bonita Road Reconstruction ■ Collector road ■ Carries over 12,000 vehicles per day ■ Served as a detour route during Durham Road construction ■ Severe rutting and cracking observed ■ Geotechnical investigation confirmation ■ Needs to be reconstructed as soon as possible Proposed CIP Amendments ■ Amendment No. 1 ■ Add Bonita Road Reconstruction Project ■ Delete North Dakota Street Project ■ Amendment No. 2 e Separate the Hall Blvd/Wall Street Intersection project from the Wall Street Local Improvement District ■ No changes in the overall CIP Budget as a result of the amendments Bonita Road ~e 1~ - Bonita Road 1 Amendment No. I ■ Add the Bonita Road Reconstruction Project to the FY 2002-03 CIP ■ Delete the North Dakota Street Project ■ Allocate the funding from the North Dakota Project to the Bonita Road Project ■ No change in the overall CIP Budget Johnson Street Overlay Separation of Hall/Wall Intersection from Wall Street LID ■ Wall Street Local Improvement District ■ Initial Report to Council on March 11, 2003 ■ Preliminary Engineer's Report being prepared ■ Report will recommend the feasibility of forming the LID ■ LID formation process is being followed ■ Council may decide not to form the LID North Dakota Street Separation of Hall/Wall Intersection from Wall Street LID ■ Hall Blvd/Wall Street Intersection ■ Currently part of the Wall Street LID Project ■ New Library and Fanno Pointe Condominiums need one common access to Hall ■ Hall/Wall intersection and approaches will be designed and constructed as a City project to Wall/Hall Intersection Project HALL BLVD / MALL STREET ~I Ir 2 Amendment No. 2 ■ $300,000 budgeted in FY 2002-03 CIP under Wall Street LID Fund ■ $200,000 for Hall/Wall Intersection (TIF Funds) ■ $1 oo,ooo for wall street LID (TIP funds) ■ No change in FY 2002-03 CIP Budget ■ Funding for construction of Hall/Wall Intersection will be requested under FY 2003- 04 CIP Staff Recommendation m Approve the resolution for the CEP Budget Amendments as requested Amendment No. 2 ■ Separate the intersection project from the LID ■ Create a new project for the Hall Blvd/Wall Street Intersection and Approaches ■ Intersection and approaches will be constructed using Traffic Impact Fee funding plus library and Fanno Pointe funding ■ Wall Street LID - Complete the Preliminary Engineer's Report Planning Commission Approval ■ Planning Commission approved the Proposed CIP Budget Amendments at April 21, 2003 meeting ■ Planning Commission recommends City Council approval City of Tigard Capital Improvement Program Budget Amendments May 13, 2003 3 Wall Street )LID AGENDA ITEM NO. ~ - - VISITOR'S AGENDA DATE : MAY 13, 2003 (Limited to 2 minutes or less, please) from you r issues Please sign on the appropriate sheet for listed agenda items. The concerns through staff t Po hear lease contact the CtyeManager not on the agenda, but asks that you first try to resolve prior to the start of the meeting. Thank you. TOPIC 77 FA CONTACTED NAME, ADDRESS & PHONE Page I VISITOR'S AGENDA AGENDA ITEM NO..3 - VISITOR'S AGENDA DATE : MAY 13, 2003 (Limited to 2 minutes or less, please) hear other issues you from Please sign on the appropriate sheet for listed agenda items. concerns throughs tall t P ease contact the City Manager not on the agenda, but asks that you first try to resolve your prior to the start of the meeting. Thank you. TOPIC STAFF CONTACTED NAME, ADDRESS & PHONE Page 2 VISITOR'S AGENDA DATE :MAY 13, 2003 AGENDA ITEM NO. 3 - VISITOR'S AGENDA IL U1 J Page 3 VISITOR'S AGENDA s (Limited to 2 minutes or less, please) Council You issues from wishes Please contact the City Manager Please sign on the appropriate sheet for listed agenda items. Tcerns through staff to hear not on the agenda, but asks that you first try to resolve your con . s _11 .I-_ Thank vau. AGENDA TIGARD CITY COUNCIL STUDY SESSION/ADMINISTRATIVE ITEMS FOR REVIEW MAY 13, 2003 - 6:30 PM The Study Session is held in the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Council may move the Study Session to the Town Hall. • STUDY SESSION > INSURANCE COVERAGE FOR COUNCIL • Administration Staff > DISCUSS THE PROCESS FOR THE CITY MANAGER'S REVIEW • Administration Staff • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss current or potential litigation under ORS 192.660 (1 h). 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. ADMINSITRATIVE ITEMS o Mayor to be shadowed by High School Student Katherine Parr-Philipson o Paul Brems Resolution - Consider during Business Meeting before the Visitor's Agenda (Proposed Resolution distributed to Council) o Consider whether to place a resolution for Council to consider opposing formation of an electric people's utility district (PUD) in Multnomah County (Proposed Resolution distributed to Council) o City Recorder Review - Questionnaires to be collected May 20, 2003 o Transportation Financing Strategies Task Force - Membership o Board and Committee Interviews - Review and discuss schedule (Information distributed to Council) o City Council/Washington County Joint Meeting o Library Groundbreaking -May 17, 10 a.m. o Police Community Meeting: May 15, 6:30 p.m. Metzger Elementary, Councilor Moore o Tour of City facilities o Council Contact Information - Please review and update (Information distributed to Council) o Management COLA o Billboard Appeal - LUBA o City Attorney will explain during the Street Maintenance Fee Discussion the difference between a "fee" and a "tax" Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (1) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (1) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (1) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (1) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660(l) (e) - Real property transaction negotiations. 192.660 (1) (f) - Exempt public records - to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660(l) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660(l) (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660(l) (i) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (1) (j) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (1) (k)- Relates to health professional regulatory board. I:WDNACATFMCOUNCIL\CCLIST10300422.DOC AGENDA ITEM # n FOR AGENDA OF 5/13/03 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Study 5eess✓ -insurance wvvia • PREPARED BY: Loreen Mil DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL This will be a short briefing for Council highlighting the City's insurance coverage for City Council and how Council can o to to protect their right to coverage under the insurance policies. STAFF RECOMMENDATION Council will develop a basic understanding of the insurance coverage available how to preserve coverage under the policies. INFORMATION SUMMARY The City purchases insurance to provide protection in case of a loss. While it is good to have insurance in place, it is important to understand there are limits and exclusions in the insurance policies. Information will be presented by Loreen Mills, Tigard's Risk Manager, noting those insurance policies that specifically provide coverage for City Council and the limits and exclusions in those policies. Tim Ramis, Tigard's City Attorney, will then advise Council about ways to protect their ability to preserve the coverage of those policies while taking action and making decisions. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST N/A FISCAL NOTES In 2002-03, $564,198 was budgeted for citywide insurance casualty/property coverage (does not include any employee benefits). CITY OF TIGARD, OREGON RESOLUTION NO. 03- A RESOLUTION ACKNOWLEDGING AND COMMENDING PAUL BREMS FOR HIS EFFORTS AS THE TIGARD HIGH SCHOOL STUDENT ENVOY TO THE CITY OF TIGARD WHEREAS, City of Tigard elected and appointed officials have benefited fr om Tigard High School Student Envoy Paul Brems' regular updates about student activities; and WHEREAS, Paul Brems' updates presented the community with information about the positive activities occurring at Tigard High School; and WHEREAS, this year's Tigard High School student leaders are to be highly praised for the work they accomplished this school year as they coordinated activities to benefit students, faculty, and community members; and WHEREAS, Paul Brems has set a fine example for future Student Envoy representatives to the City of Tigard. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard extends to Paul Brems an expression of appreciation for his exemplary service as Tigard High School Student Envoy. SECTION 2: The City of Tigard extends to Paul Brems its best wishes for good health, success, and prosperity upon his graduation from Tigard High. PASSED: This day of 2003. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard CITY OF TIGARD, OREGON RESOLUTION NO. 03- A RESOLUTION OPPOSING FORMATION OF AN ELECTRIC PEOPLE'S UTILITY DISTRICT (PUD) IN MULTNOMAH COUNTY WHEREAS, the PUD petitioners have stated they plan to start the same process for Washington, Marion, Polk, Yamhill, and Clackamas Counties; and WHEREAS, the PUD breaks up the PGE service territory, severing up to 32 percent of the current PGE electric load from the company, which would cause a possible cost burden on the remaining customers outside of Multnomah County; and WHEREAS, a PUD would add uncertainty to an economy that is alredy strained and further promotes the view that the Metro area is "anti-business" and sends the wrong messge to businesses considering the Willamette Valley area a place to locate or expand, at a time when the Oregon economy is struggling; and, WHEREAS, local governments face the prospect of losing millions of dollars annually in property taxes and franchise fees paid by PGE and Pacific Power; and, WHEREAS, the new utlility will not have access to lower-price BPA preference power in the foreseeable future and even when it does become available BPA rates have increased 45 percent in the last two years and are due to increase another 15 percent this year; and, WHEREAS, a start-up government utility would almost certainly begin operations with no power generation and would be dependent on the volatile wholesale market for nearly all power supply. It would sever Multnomah County from the integrated generating, transmission and distribution systems of PGE and Pacific Power. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council opposes the formation of the PUD and the subsequent condemnation and forced government takeover of the Portland General Electric's distribution system assets in Multnomah County. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2003. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard I:WDVPACKET'03\20030513\PUD RESOLUTION.DOC RESOLUTION NO. 03 - Page 1 May 5, 2003 Page 1 of 2 PUD Overview: A Brief Description of the proposed Multnomah PUD. • Chief Petitioners: Judith Barnes, SE Portland; Eric Dover NE Portland; Frank Gearhart, Gresham; Joan Horton, SW Portland; Scott Forrester, Gresham; Elizabeth Trojan, SW Portland; Bill Michtom, SW Portland. • Website: Oregon Public Power Coalition www.oppc.net • Signatures submitted and verified: February, 12 /19 2003 • Authority: ORS 261- People's Utility Districts • Area: All of Multnomah County, except the areas within the boundaries of Rockwood PUD and Interlachen PUD. Affected areas are currently served by investor-owned utilities, Portland General Electric and Pacific Power. • Process: The Oregon Office of Energy (OOE) held a hearing April 7, 2003 under ORS 261.151 which required the OOE, with the "advice and assistance of the Oregon Public Utilities Commission, to prepare a concise report showing the availability and cost of power resources, tax consequences and any other information considered by the Administrator to be relevant to the proposed formation of the district." Report required to be delivered to the county by April 21. The hearing lasted approximately four hours. County Commission duties: County commission has two responsibilities: 1.) Determine the final boundaries; 2.) Set an election date. The election is county wide; however, the vote within a political boundary determines the inclusion or exclusion of that municipality. (ORS261.110) Simply put, if Fairview voters approve the measure they are part of the PUD, and if Wood Village voters reject the measure, they remain with PGE. There are at least 64 different combinations possible. Five PUD board members are elected from the top five vote recipients from a slate of candidates for office. If a winning candidate is in an area that rejects the PUD, they cannot serve on the Board. Finally, the PUD election includes a one-time special levy, 3 mills per million dollars, or approximately $127,000 to finance an engineering study. • Election date is most likely at the November general election. Petitioners have promoted September 16 as the date of the election; however, it appears that filing deadlines will be difficult, if not impossible to meet. May 5, 2003 Page 2 of 2 Key issues raised in the OOE report: 1. Power Resources: PUD does not have authority to condemn the thermal generating stations of the two companies. Proponents claim that hydroelectric facilities can be condemned; not accurate if remaining customers are deemed to be harmed. Access to BPA preference power is not available for the simple reason that there is none. PUD would have to go to market to supply their customers or build new generation. 2. Rates: Above discussion influences rates. 100% of power supply from a volatile market. Add costs to purchase and compensatory damages. No precedent in the US or Oregon for condemnation at book value. Some multiple of book, not less than 1.5 nor more than 5.5 times book in Oregon history. Anything above book is not allowed in rates of private utility. Public would be responsible for above book in a public ownership scenario. 3. Tax consequences: Question whether the cost of capital would be less than PGE or Pacific is debatable. Availability of tax exempt debt is subject to federal caps and at the expense of housing and economic development projects statewide. Not likely to release the entire amount for a PUD in Multnomah County were it even available. See Randall Edwards, State Treasure, submission to the OOE record. PUD is subject to property taxes, but not state or federal income taxes. Franchise fee requirements unclear although, currently, most PUD's agree to pay a franchise fee. There are many other issues, but these are the ones specifically identified by statute for consideration. The complete OOE report, with submissions, addresses important and expensive considerations beyond the narrow scope addressed in statute. Report is located on OOE website: hftp://www.eneLgy.state.or.us/ Judy Crafton PGE Government Affairs Rep, Washington County iudy craftonCa)-pgn.com 503-464-8561 DRAFT 4 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, 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, 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 Sample Resolution for City of Salem RESOLUTION OPPOSING. THE FORMATION OF AN ELECTRIC PEOPLE'S UTILITY DISTRICT (PUD) IN MULTNOMAH COUNTY Whereas the proposal to form a new People's Utility District (PUD) in Multnomah County will increase uncertainty and risk for electric customers of Portland General Electric (PGE); and, Whereas PGE has been serving customers in 51 cities including the City of Salem for more than 100 years; and, WHEREAS, the PUD petitioners have stated they will begin the same process in Marion, Clackamas and Washington Counties in the coming months; and, WHEREAS, the PUD breaks up the PGE service territory, severing up to 32% of the current PGE electric load from the company causing a possible cost burden on the remaining customers outside of Multnomah County; and, WHEREAS, PGE has a demonstrated record for superior customer service satisfaction and exceptional reliability and safety performance and a PUD requires no regulatory oversight by the Oregon Public Utility Commission with regard to rates, customer service standards and reliability; and, WHEREAS, the new utility will not have access to lower-price BPA preference power in the foreseeable future and if the PUD eventually accesses BPA power those rates have increased 45 percent in the last two years and are due to increase another 15 percent this year; and, WHEREAS, a start-up government utility would almost certainly begin operations with no power generation and would be dependent on the volatile wholesale market for nearly all power supply; 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 would add uncertainty to an economy that is already severely strained and further promotes the view that the Metro area is "anti-business" and sends the wrong message to businesses considering the Willamette Valley area as a place to locate or expand, at a time when the Oregon economy is struggling; and, WHEREAS, using the state's limited federally tax-exempt bonds to purchase PGE's distribution system in Multnomah County would harm the state's low-income housing and economic development programs and local efforts; and, Be It Resolved by the City of Salem: That we, the City Council and Mayor, oppose the formation of the PUD and the subsequent condemnation and forced government takeover of the assets of PGE's distribution systems in Multnomah County. Date Mayor Councilor Councilor Councilor Councilor Councilor Councilor Councilor WHEREAS, Portland General Electric (PGE) is a privately-owned power utility servicing much of northwest Oregon, including portions of Polk County; and WHEREAS, PGE is presently owned by Enron Corporation which is in bankruptcy and a defendant in numerous civil lawsuits and government enforcement actions; and WHEREAS, the continued viability of PGE is uncertain as a result of the financial and legal problems currently befalling Enron Corporation; and WHEREAS, Enron Corp. has authorized the sale of PGE via a competitive auction process; and WHEREAS, private entities, public entities, and a proposed public utility district have expressed a desire to acquire PGE; now, therefore, IT IS HEREBY RESOLVED by the Polk County Board of Commissioners: 1. That the Polk County Board of Commissioners opposes the formation of a public utility district and further opposes its expressed intent to thereafter condemn PGE; 2. That the Polk County Board of Commissioners support the continued ownership and operation of PGE by a qualified and responsible private entity; 3. That should ownership of PGE be acquired by a public entity the most desirable option is the one that includes joint ownership and operation by all impacted counties, including Polk County. A RESOLUTION IN OPPOSITION TO THE FORMATION OF AN ELECTRIC PEOPLE'S UTILITY DISTRICT (PUD) IN MULTNOMAH COUNTY WHEREAS, the PUD petitions have stated they plan to start the same process for Washington, Marion, Polk, Yamhill, and Clackamas Counties; and, WHEREAS, the PUD breaks up the PGE service territory, severing up to 32% of the current PGE electric load from the company which would cause a possible cost burden on the remaining customers outside of Multnomah County; and, WHEREAS, a PUD would add uncertainty to an economy that is already strained and further promotes the view that the Metro area is "anti-business" and sends the wrong message to businesses considering the Willamette Valley area a place to locate or expand, at a time when the Oregon economy is struggling; and, WHEREAS, local governments face the prospect of losing millions of dollars annually in property taxes and franchise fees paid by PGE and Pacific Power; and, WHEREAS, the new utility will not have access to lower-price BPA preference power in the foreseeable future and even when it does become available BPA rates have increased 45 percent in the last two years and are due to increase another 15 percent this year; and, WHEREAS, a start-up government utility would almost certainly begin operations with no power generation and would be dependent on the volatile wholesale market for nearly all power supply. It would sever Multnomah county from the integrated generating, transmission and distribution systems of PGE and Pacific Power; and, NOW, THEREFORE, BE IT RESOLVED, that the Hillsboro City Council opposes the formation of the PUD and the subsequent condemnation and forced government takeover of the Portland General Electric's distribution system assets in Multnomah County. Bill Monahan - Budget Committee and Library Board interviews _ Page 1 From: Susan Koepping To: Bill Monahan Date: 5/2/03 10:53AM Subject: Budget Committee and Library Board interviews We have closed the period for accepting applications for the above committees. The existing terms end June 30. 1 need to know when we should begin scheduling interviews of applicants. I know the Mayor and Council members are involved in budget meetings right now and the Mayor may still not be feeling 100% . 1. We can hold interviews as late as the first week in June and still have time to include the recommended appointments on a consent agenda in late June which allows us to have new or reappointed members in place by July. 2. If the Mayor would prefer, perhaps Council President Dirksen and Councilor Moore could conduct the interviews. If you can give me a range of a couple of weeks when interviews can be scheduled, that would be helpful. We have 10 applicants for Budget Committee and 4 for Library Board. NOTE: On July 1, Councilor Dirksen replaces Councilor Moore as the Mayor's fellow interviewer on the Mayor's Appointments Advisory Committee. Thank you. Susan City Council MAYOR JIM GRIFFITH 109 15 SW Fairhaven Way Tigard, OR 97223 Res: 503-639-8629 Bus: 503-293-0805 iga0126@netzero.net COUNCILORS CRAIG DIRKSEN, Council President 9131 SW Hill Street Tigard, OR 97223 Res: 503-620-4829 Cell: 503-310-3659 dirksen.horne@verizon.net BRIAN MOORE 9835 SW Kimberly Drive Tigard, OR 97224 Res: 503-620-6972 Bus: 503-570-4406 brian moore(c-pgn.com SYDNEY SHERWOOD 10305 SW 87" Avenue Tigard, OR 97223 Res: 503-293-0902 Bus: 503-314-7723 sydnevsher(a)aol. corn NICK WILSON 14565 SW Klipsan Lane Tigard, OR 97223 Res: 503-524-6377 Bus: 503-224-5238 nick(@atlas-Ia.com ORIGINAL APPT. DATE / CURRENT TERM EXPIRES 01-01-03 / 12-31-06 09-12-00 / 03-13-01(Interim) 04-10-01 / 12-31-02 (Elected to complete unexpired term) 1-1-03 / 12-31-06 01-01-01 / 12-31-04 O 1-30-96 / 12-31-04 01-01-03 / 12-31-06 01-01-03 / 12-31-06 COUNCIL MEETS: 3`~ Tuesday a&6 30 PM fory Workshop Agenda Business Agenda STAFF LIAISON: CBill athy Wheatley, City Recorder I:ADM1i3oard & Committee Roster,doc Revised: 05112103 CITY COUNCIL TELEPHONE INFORMATION Mayor Jim Griffith Work Phone 503-718-1200 Spouse: Carolyn Home Phone 503-639-8629 Fax Number (Bus) 503-718-1300 Cell Phone 503-720-9582 Pager Number (Personal) 503-788-9133 E-Mail Bus a0126 netzero.net / ma or ci.ti ard.or.us Brian Moore Work Phone 503-570-4406 Spouse: Donna Home Phone 503-620-6972 503-570-4420 / (Res) 503-603-0461 l E Fax Number y merg on (Bus) Cell Phone 503-849-7016 Pager Number 503-940-3970 E-Mail Bus brian moore n.com / brianm ci.ti ard.or.us Council President Work Phone Craig Dirksen Home Phone 503-620-4829 Spouse: Jackie Fax Number (Res) 503-598-1191 Cell Phone 503-310-3659 Pager Number E-Mail Res dirksen.home verizon.net / crai d ci.ti ard.or.us Councilor Work Phone 503-314-7723 Sydney Sherwood Home Phone 503-293-0902 Spouse: Fax Number Cell Phone Pager Number E-Mail s dne sher aol.com / s dne ci.ti ard.or.us Councilor Work Phone 503-224-5238 Nick Wilson Home Phone 503-524-6377 Spouse: Fax Number 503-224-5239 Cell Phone Pager Number E-Mail nick atlas-la.com / nick@ci.tigard.or.us City Manager Work Phone 503-639-4171, ext. 306 Bill Monahan Home Phone 503-639-9702 Spouse: Linda Fax Number 503-684-7297 Cell Phone 503-789-2502 Pager Number 503-920-2982 E-Mail Res mo42or@aol.com / Bus bill ci.ti ard.or.us Night Answer Phones City Hall (Recording) 639-4171 Library (7:30 a.m. - 9:00 p.m.) 684-5886 Operations 639-1554 -street, storm, sewer, water emergencies Police Department (7 a.m. -11 p.m.) 639-6168 Police Non-Emergency Dispatch 629-0111 IAADKCITY COUNCVCITY COUNCIL TELEPHONE INFORMATION.DOC FAX Numbers City Hall 684-7297 Niche 639-6795 Library 598-7515 Police 684-5654 Public Works 684-8840 AV= xec Staff. Adinin Staff p ty Council, E os113fO3 Tigard High Leadership 9000 SW Durham Road • Tigard • Oregon • 97224 (503) 431-5518 • FAX (503) 431-5410 • http://ths.ttsd.kl2.or.us/leadership/home.html thsasbprez@hotmail.com ■ April 27th: Rotary Banquet May 151-3rd: n of predominantly student written and student directed one ■ - a collectio Festival of One Acts act lays in the Deb Fennel Auditorium at 7:30pm each night. ■ May 5` -9`h: Prom Spirit Week - different activities during the week that lead up to the big night Teacher Appreciation Week - students give thanks to a years worth of direction in the classroom through various events during the week ■ May 10`h: Prom - Montgomery Park 8:00pm ■ May 14`h: NHS Induction Ceremony - newly inducted members of NHS are presented to faculty and parents in the Deb Fennel Auditorium at 7:00pm ■ May 19`h - 23`d: THS Art Show - student work is displayed in the library for students, faculty, and community members to appreciate ■ May 22"d: Final Band Concert - Deb Fennel Auditorium 7:00pm ■ May 26`h: No School - Memorial Day ■ May 27`h: Advanced Theater Showcase - Deb Fennel Auditorium 7:30pm ■ May 28`h: Elementary/Middle School Teachers Breakfast - seniors are given a chance to interact with past teachers over breakfast at lam in the IMC Final Choir Concert - Deb Fennel Auditorium 7:00pm ■ May 29`h: Leadership Awards Night - Deb Fennel Auditorium 7:00pm ■ June 2nd: Senior Awards Night - Deb Fennel Auditorium 7:30ptn ■ June 3`d: Spring Sports Awards - Main Gym 7:00pm ■ June 4th: Baccalaureate Night - Deb Fennel Auditorium 7:00pm ■ June 5h: Theater I and 2 Showcase - Deb Fennel Auditorium 7:30pm ■ June 6h: Graduation - Stadium 7:30pm ■ June 11th: Last Day of School "Celebrate the past, embrace the present, dream the future. " THS Leadership '02 - '03 Mission Statement Bill Monahan - Budget Committee an Library Board interviews Page 1 From: Susan Koepping To: Bill Monahan Date: 5/2/03 10:53AM Subject: Budget Committee and Library Board interviews We have closed the period for accepting applications for the above committees. The existing terms end June 30. 1 need to know when we should begin scheduling interviews of applicants. I know the Mayor and Council members are involved in budget meetings right now and the Mayor may still not be feeling 100% . 1. We can hold interviews as late as the first week in June and still have time to include the recommended appointments on a consent agenda in late June which allows us to have new or reappointed members in place by July. 2. If the Mayor would prefer, perhaps Council President Dirksen and Councilor Moore could conduct the interviews. If you can give me a range of a couple of weeks when interviews can be scheduled, that would be helpful. We have 10 applicants for Budget Committee and 4 for Library Board. NOTE: On July 1, Councilor Dirksen replaces Councilor Moore as the Mayor's fellow interviewer on the Mayor's Appointments Advisory Committee. Thank you. Susan City Council MAYOR JIM GRIFFITH log 15 SW Fairhaven Way Tigard, OR 97223 Res: 503-639-8629 BUS: 503-293-0805 Aa0126Ca_netzero.net COUNCILORS CRAIG DIRKSEN, Council President 9131 SW Hill Street Tigard, OR 97223 Res: 503-620-4829 Cell: 503-310-3659 dirksen homeC~verizon.net BRIAN MOORE 9835 SW Kimberly Drive Tigard, OR 97224 Res: 503-620-6972 Bus: 503-570-4406 brian n-ioore(q--)p9n. corn SYDNEY SHERWOOD 10305 SW 87`h Avenue Tigard, OR 97223 Res: 503-293-0902 BUS: 503-314-7723 sydneysherP-aol corn NICK WILSON 14565 SW Klipsan Lane Tigard, OR 97223 Res: 503-524-6377 BUS: 503-224-5238 nickffatlas-la.com ORIGINAL APPT. DATE / CURRENT TERM EXPIRES 01-01-03 / 12-31-06 09-12-00 / 03-13-01(Interim) 04-10-01 / 12-31-02 (Elected to complete unexpired term) 1-1-03 / 12-31-06 01-01-01 / 12-31-04 01-30-96 / 12-31-04 01-01-03 / 12-31-06 01-01-03 / 12-31-06 4 1h COUNCIL MEETS: Normally: 2"`a&6 30 Tuesdays at 7:30 Agefor nda siness Agenda 3r" Tuesday t PM for Workshop STAFF LIAISON: CBill athy Wheatley, City Recorder I:ADM\Board & Committee Roster.doc Revised: 05112103 CITY COUNCIL TELEPHONE INFORMATION Mayor Jim Griffith Work Phone 503-718-1200 Spouse: Carolyn Home Phone 503-639-8629 Fax Number (Bus) 503-718-1300 Cell Phone 503-720-9582 Pager Number (Personal) 503-788-9133 net / ma or ci.ti ard.or.us 0126 netzero i B E-Mail . a us Brian Moore Work Phone 503-570-4406 Spouse: Donna Home Phone 503-620-6972 503-570-4420 / (Res) 503-603-0461 onl r E Fax Number y g me (Bus) Cell Phone 503-849-7016 Pager Number E-Mail 503-940-3970 rian moore ncom / brianm ci.ti ard.or.us Council President Work Phone Home Phone 0-4829 r Craig Dirksen Spouse: Jackie Fax Number 03-598-1191 Cell Phone 0-3659 53 Pager Number E-Mail Res dirksen.home verizon.net / craiqd(@-ci.tigard.or.us Councilor Work Phone 503-314-7723 Sydney Sherwood Home Phone 503-293-0902 Spouse: Fax Number Cell Phone Pager Number E-Mail s dne Sher aol.com / s dne ci.ti ard.or.us Councilor Work Phone 503-224-5238 Nick Wilson Home Phone 503-524-6377 Spouse: Fax Number 503-224-5239 Cell Phone Pager Number E-Mail nick atlas-la.com / nick ci.ti ard.or.us City Manager Work Phone 503-639-4171, ext. 306 Bill Monahan Home Phone 503-639-9702 Spouse: Linda Fax Number 503-684-7297 Cell Phone 503-789-2502 Pager Number 503-920-2982 E-Mail Res mo42or@aol.com / Bus bill ci.ti ard.or.us FAX Numbers Night Answer Phones 639-4171 City Hall 684-7297 City Hall (Recording) Library (7:30 a.m. - 9:00 p.m.) 684-5886 Niche 639-6795 598-7515 Operations 639-1554 Library Police 684-5654 5654 -street, storm, sewer, water emergencies 639-6168 Public Works 684- Police Department (7 a.m. -11 p.m.) 629.0111 Police Non-Emergency Dispatch 1AAMACITY COUNCIL\CITY COUNCIL TELEPHONE INFORMATION.DOC NE INFORMATONAOC pj~g lry coun al %CExec rrY Staff, Admin Staff 05/13103 AGENDA ITEM # n FOR AGENDA F 5C ITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE SpAy Se/ssio - insurance -~~via V 1'Vl Vv...ava PREPARED BY: Loreen Mil DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL This will be a short briefing for Council highlighting the City's insurance coverage for City Council and how Council can operate to protect their right to coverage under the insurance policies. STAFF RE 'ONPAFNDATION Council will develop a basic understanding of the insurance coverage available how to preserve coverage under the policies. INFORMATION SUMMARY The City purchases insurance to provide protection in case of a loss. While it is good to have insurance in place, it is important to understand there are limits and exclusions in the insurance policies. Information will be presented by Loreen Mills, Tigard's Risk Manager, noting those insurance policies that specifically provide coverage for City Council and the limits and exclusions in those policies. Tim Ramis, Tigard's City Attorney, will then advise Council about ways to protect their ability to preserve the coverage of those policies while taking action and making decisions. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST N/A FISCAL NOTES In 2002-03, $564,198 was budgeted for citywide insurance casualty/property coverage (does not include any employee benefits). Agenda Item No. 2 Meeting of PROCLAMATION Emergency Medical Services Week WHEREAS, emergency medical services are a vital public service; and WHEREAS, the members hours emergency medical week services tams are ready to provide life-saving a day, seven days a care to those in need 24 WHEREAS, access to quality",emergency care dramatically improves the survival and recover rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators and others; and WHEREAS, the members of emergency medical services teams, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals; and designati g Emergency Medical Services Weelkhand is of emergency providers by appropriate W HEREArvic It mical WHEREAS, injury prevention and appropriate use of the EMS system will help reduce national health care costs. NOW THEREFORE BE IT RESOLVED THAT 1, )im Griffith, Mayor of the City of Tigard, Oregon, do hereby proclaim the Week of May 18 - 24, 2003 Emergency Medical Services Week in Tigard, Oregon and encourage our citizens, businesses and organizations to observe this week with appropriate programs, ceremonies and activities. day of , 2003. Dated this IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. Jim Griffith, Mayor City of Tigard Attest: Recorder a AGENDA ITEM # 4' Z GL-- FOR AGENDA OF May 13,20)3 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Receive and File the Annual Solid Waste Financial R ort Findin s DEPT HEAD OK CITY MGR OK PREPARED BY: Tom Imdieke ISSUE BEFORE THE COUNCIL Tigard Municipal Code requires that the City Manager prepare a report to the Council on the solid waste franchisee financial reports and propose rate adjustments, if needed. STAFF RECOMMENDATION No rate adjustment is necessary at this time based on the review of the annual reports for calendar year 2002. INFORMATION SUMMARY The annual solid waste financial reports have been submitted by the franchised solid waste haulers in the City of Tigard for calendar year 2002. The two haulers that hold franchises in the City are Pride Disposal and Milllerr''ss Sanitary (Waste Management). An aggregate report summarizing the data is attached to this summary. aggregate rate of return for the haulers was calculated to be 8.68%. This rate falls within the acceptable range established by the Council of 8% to 12%. OTHER ALTERNATIVES CONSIDERED No alternatives available, this report is required by the Tigard Municipal Code. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Does not apply. ATTACHMENT LIST Aggregate franchise hauler financial report and explanatory cover letter. FISCAL NOTES None MEMORANDUM ju- J TO: Bill Monahan, City Manager FROM: Tom Imdieke, Financial Operations Manag RE: Solid Waste Financial Annual Report for 2002 DATE: April 11, 2003 As required by Tigard Municipal Code (TMC) 11.04.090, the two franchised solid waste haulers in the City of Tigard service area have submitted their annual financial reports for the year ending December 31, 2002. The TMC also requires the City Manager to prepare a report to the Council on the franchisee reports and recommend any rate adjustments that might be required based on the review and analysis of the reports. I have reviewed the annual financial reports and prepared an aggregate report that is attached. The aggregate rate of return for the haulers was calculated to be 8.68°/x. The Council's policy on allowable rate of return provides for rate adjustments if the cy and the aggregate profit rate of falls below for he0caleor is over ndar year22002aa rate adjus moent would not be calculated return o required at this time. I will also be preparing and submitting a Council agenda item for them to receive and file this report for their business meeting on May 13, 2003. cc: Craig Prosser Michelle Wareing City of Tigard Franchised Solid Waste Haulers Financial Reports For Year ended December 31, 2002 (Aggregate Report) Direct Calendar Labor Year 2002 Hours Indirect Cost Drop Boxes $1,137,094 Operating Revenue $1,825,494 Operating Costs 2,260,574 13,081 $350,157 Net Income ($435,080) -23.83% Can/Cart Services Operating Revenue Residential $2,575,025 Multi-Family 0 Commercial 123,169 Operating Costs 1,430,009 9,099 $243,565 Net Income $1,268,185 47.00% Container Services Operating Revenue Residential $23,175 Multi-Family 578,213 Commercial 2,370,374 Operating Costs 1,818,373 8,215 $219,902 Net Income $1,153,389 38.81% Reycling Services Operating Revenue Bin/Cart Recycling $47,333 Container Recycling 99,610 Operating Costs $1,081,935 8,135 $217,761 Net Income (934,992) Yard Debris Operating Revenue $7,133 Operating Costs 405,276 3,949 $105,708 Net Income ($398,143) -5582% Medical Waste Operating Revenue $1,601 Operating Costs 0 0 $0 Net Income $1,601 100% Consolidated Not Income $654,960 Other Revenue 9,986 Other Costs 0 Grand Total Net Income $664,946 Total Revenues $7,661,113 42,479 $1,137,094 Profit Percentage 8.68% AGENDA ITEM # 4,2- b FOR AGENDA OF 5"- / 3 - 03 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: FY 2003 State Domestic Preparedness Equipment Grant PREPARED BY: Ofc. Dennis J. Dirren DEPT HEAD OK 41?J CITY MGR OK ISSUE BEFORE THE COUNCIL This is an information only presentation of the FY 2003 Domestic Preparedness Grant that has been compiled and submitted to the State of Oregon to receive funding for HAZMAT/Weapons of Mass Destruction response equipment. STAFF RECOMMENDATION INFORMATION SUMMARY This is the FY 2003 State Preparedness Grant that was sent out to agencies and received during the week of April 25a'. The deadline for the application was May 5 h and therefore a very short timeline was presented in order to complete the grant. Fortunately, Randall Funding Inc. was able to assist with the preparation of the grant, however, because of the shortened timeline, proper City of Tigard grant procedures were not able to be followed for pre- authorization/approval from City Council. Attached is the final copy of the completed grant application. This grant allows agencies to request funding for proper HAZMAT and Weapons of Mass Destruction (WMD) response equipment so that officers will be able to safely and properly respond to any such incident. Items requested by Tigard Police Department are included in the Washington County Needs Assessment that has been compiled by the Oregon Office of Emergency Management. The funding request is also consistent with a coordinated statewide needs assessment, and therefore multi-agency response is possible. Complete details regarding equipment requested and justification are included within the grant application. OTHER ALTERNATIVES CONSIDERED VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY ATTACHMENT LIST 1. Grant Cover Sheet 2. Grant Program Narrative FISCAL NOTES Total federal funds requested = $43,244.13. There is no local match required for this grant. Detailed listing of budgeted items to purchase is included in the attached Grant Narrative. FY 2003 STATE DOMESTIC PREPAREDNESS REEQUIPMENT GRANT CO Program Title: FY 2003 Domestic Preparedness Equipment Grant Grantee Agency: Tigard Police Department Collaborating Agencies: None (Needs Assessment via Washington County) Federal Funds Requested: $43,244.13 Program Start Date: July 1, 2003 Program End Date: September 30, 2004 Program Agency: Tigard Police Department 13125 SW Hall Blvd Tigard, OR 97223 (503) 639-6168 Program Director: Chief Bill Dickinson / ChiefBill@ci.tigard.or.us (503) 718-2572 office / (503) 670-1561 fax Program Contact: Officer Dennis Dirren / 28944(c~ci.tiard.or.us (503) 718-2556 office / (503) 684-5654 fax Fiscal Contact: Roger Dawes / Roaer(a~ci tiard.or.us (503) 718-2493 office Program Agency Federal 93-0503940 Tax Identification Number: Authorized Official for the Program Agency: Bill Monahan, City Manager CP% Signature of Authorized Official: ~~'~z ovl~ PROGRAM NARRATIVE Part One: Coordination with Statewide Needs Assessment Washington County's terrorism needs assessment was completed by a multi-agency, multi- discipline team of public safety and public health personnel and was reviewed by the county's Anti-Terrorism Advisory Committee and public safety agency heads. The team, or elements of the team, met over the course of a year to identify the county's threats and vulnerabilities, assess its public health preparedness, and determine its first responder equipment, training, exercise, and technical assistance needs. The results of the team's efforts were submitted to the state Office of Emergency Management for entry into the statewide needs assessment database. Several members of the county team were also participants in development of the Portland Metropolitan Medical Response System (MMRS) Plan and one member of the team represented Regional HAZMAT Team number 9. Together, these members provided critical input into the county's needs assessment process. More importantly, they ensured consistency between the county's needs assessment and the weapons of mass destruction (WMD) equipment standards and response protocols being adopted by the regional HAZMAT teams and the MMRS. The original team members were joined by hospital, technical rescue, and public safety communications representatives to complete the FY02-03 update of the needs assessment. The team make-up was expanded to include participation from organizations and disciplines that became eligible for grant funding under the federal FY02 or FY03 grant programs. Several of the new team members provided critical linkages between the Washington County effort and 1 city of Tigard, Oregon State Domestic Preparedness Equipment Program FY03 other regional and statewide initiatives. For example, several of the hospital representatives also participated in the development of hospital equipment standards with the Portland Metropolitan Hospital Emergency Management Committee and the technical rescue representatives also chaired a task force working to create a statewide technical rescue capability. The teams' public safety communications representatives were also involved in regional communications planning efforts with the 9-1-1 centers in Multnomah, Clackamas, and Clark counties. As a team, this group reviewed and updated the original needs assessment and developed countywide standards for the newly eligible equipment. The process was expedited to ensure completion of the needs assessment in time for local agencies to use it as a basis for seeking funds under both the FY 02 and FY 03 grant programs. Taken in total, the Washington County terrorism needs assessment reflects a coordinated and integrated local and regional approach to WMD response. All public safety and public health agencies as well as public and private hospitals must be involved and all must operate in new and more challenging ways than has been expected in past emergency response operations. While reflecting an integrated response, the needs assessment nonetheless identifies a number of gaps in the ability of the county's first responders to perform specific WMD operations. These gaps include: • Personal protective equipment (PPE) for designated law enforcement, fire, public health, public works, and hospital personnel; • Communications equipment to enhance interoperability and support system and individual needs; 2 City of Tigard, Oregon State Domestic Preparedness Equipment Program FY03 • Chemical, biological, and radiological detection equipment for all agencies; • Mass decontamination equipment for all agencies; • Self decontamination supplies (i.e., auto injectors) for personnel exposed to certain chemical agents; • Search and rescue equipment and supplies for the county's fire service agencies; • Bomb diagnostics and mitigation equipment for law enforcement agencies; • Vehicles and trailers to store and transport WD equipment and supplies and to provide suitable facilities for on-scene incident management; • Medical supplies and pharmaceuticals for local hospitals; • Security enhancement equipment for the county's critical facilities; • Terrorism incident prevention equipment for the county's law enforcement agencies; • Logistics support equipment to assist all eligible organizations with conduct of their identified WMD responsibilities; and • Reference materials to enhance first responder effectiveness. The Washington County terrorism needs assessment outlines a countywide approach to closing these gaps through the following actions: • Provision of appropriate PPE to designated first responders and hospital personnel to deal with likely chemical, biological, radiological, and explosive incidents within the county; • Provision of individual radiological dosimeters to appropriate first responders and hospital personnel and placement of dosimeter chargers at all of the county's first response agencies and hospitals; 3 City of Tigard, Oregon State Domestic Preparedness Equipment Program FY03 • Placement (pre-positioning) of mass and self decontamination equipment and supplies and chemical, biological, and radiological detection equipment at fire agencies and hospitals throughout the county; • Expanding the reach, survivability, and capacity of the public safety communications system; • Enhancing the communications capabilities of the county's hospitals; • Placement (pre-positioning) of search and rescue equipment and supplies at fire agencies throughout the county; • Placement of bomb diagnostics and mitigation tools at law enforcement agencies throughout the county; • Stockpiling of medical supplies and pharmaceuticals at county hospitals; • Hardening of critical facility security systems; • Ensuring the mobility of all stockpiled supplies for mutual aid response; and • Improving the incident management skills and capabilities of the county's first response and hospital personnel. To meet one of the needs outlined in the county-wide needs assessment, the Tigard Police Department is requesting funding to purchase personal protective equipment for all its police officers. rn Part Two: Identification of E ni ment Needs J ~ A. Briefly identify the equipment and/or supplies being requested and identify the specific staff/position, function, or facility within your agency that will receive the equipment and/or supplies. 4 City of Tigard, Oregon State Domestic Preparedness Equipment Program FY03 The City of Tigard has 56 sworn officers, all of whom will receive the following personal protective equipment: Personal Protective Equipment - Level C • MSA Advantage 1000 gas mask with standard cartridge • Replacement filter cartridge for MSA advantage mask • Tyvek chemical resistant coveralls with hood & boots • Chemical resistant tape "Chem-Tape" • Chemical protectant Butyl gloves • Nitrile disposable gloves • 3M N95 particulate respirator with valve CBRNE Logistical Support Equipment • HAZMAT heavy-duty nylon gear bag The Tigard Police Department has 6 patrol supervisors (Sergeants) with 2 supervisory vehicles which will include the following equipment: • Dynavox Mega-phone (bull horn) with detachable microphone • Bushnell weatherproof spotting scope (HAZMAT identification) All 56 sworn personnel will receive the following equipment as well: Detection Equipment • M9 Chemical Detection Card for first responders Explosive Devise Mitigation and Remediation • Second Chance Level IIIA ballistic threat helmet with face shield 5 City of Tigard, Oregon State Domestic Preparedness Equipment Program FY03 The personal protective equipment, ballistic helmets, and detection equipment will be available to each officer, in the trunk of his or her patrol vehicle, to be used in case of biological, chemical or similar WMD response. B. Provide a brief justification for the equipment/supplies being requested. The Tigard Police Department does not currently own the equipment being requested under this grant. With the purchase of this equipment the department will greatly increase officer's safety and protection and it will also increase the safe extraction of victims during an incident. Currently, if a chemical or a biological emergency were to present it-self, the department would not have the capacity to respond to such an emergency without putting officers at risk. With the use of the above-mentioned equipment, the department will be able to improve the chances of individuals' survival by being able to quickly respond to life-threatening situations. All officers will be trained in the use of the requested equipment. C. Describe how the requested material will be available for use during a regional or mutual aid response and how your agency will ensure purchased equipment will be interoperable with those of other agencies. With the exception of those materials that become a permanent part of a facility or non- portable system or are specific to a particular individual, all of the equipment and supplies requested in this grant will be made available for use during a local or regional event. All of the materials included in the grant request were identified during the countywide needs assessment process and much of the material was intended to be pre- positioned around the county for local and regional use. Throughout the needs assessment process, an integrated and interoperable approach was taken in the City of Tigard, Oregon 6 State Domestic Preparedness Equipment Program FY03 consideration of all equipment categories. The needs assessment team not only ensured compatibility within the county, but it also pursued compatibility with regional hospitals, regional HAZMAT teams, regional public safety communication providers, statewide technical rescue efforts, and the Metropolitan Medical Response System. Part Three Identification of Current Capabilities A. Equipment and supplies the agency has already acquired to respond to a CBRNE incident. The Tigard Police Department does not currently own any CBRNE incident equipment. With the purchase of this equipment the department will greatly increase officers' safety and protection and also increase the safe extraction of victims during an emergency. B. Training agency personnel has received to respond to a CBRNE event. Very limited WMD training has been available for the county's first response agencies and hospitals. Some training has been provided by SBCCOM (formerly CBDCOM) [fire, law enforcement, HAZMAT], Texas A&M [public works], DPSST [fire, law enforcement, HAZMAT], and the state Office of Emergency Management [senior officials], but only limited numbers of agency employees were invited or able to attend. However, significant training on use of the incident command system in the field and in emergency operations centers has been provided. Within the Tigard Police Department, one sergeant has attended the WMD Law Enforcement Protective Measures training course offered by the Center for Domestic Preparedness. The goal of the Tigard Police Department is to have the remaining six sergeants attend this training course within this year. 7 City of Tigard, Oregon State Domestic Preparedness Equipment Program FY03 C. Any CBRNE exercises the agency has conducted or participated in. Several of the county's public safety agencies and hospitals participated in exercises hosted by the city of Portland. Those exercises included a full-scale exercise focused on a chemical incident at the Expo Center, a tabletop exercise focused on a biological incident at the Rose Garden, and a full-scale exercise focused on an explosion and chemical incident at the Convention Center. Members of the county's Anti-Terrorism Advisory Committee also conducted a small tabletop exercise that worked through management of two possible biological scenarios. In addition, a large, multi-agency tabletop exercise was conducted to discuss response to a school shooting incident and a series of tabletop exercises for the county's fire, law enforcement, public works, and public safety communications staffs were conducted to focus on use of the incident command system. The Tigard Police Department participated in the tabletop exercise in response to a school-shooting incident. D. Incident or Unified Command System availability. All of the county's first response agencies and hospital staffs are trained in the Incident Command System (ICS) and the concept of unified command and use them when responding to multi-agency incidents. Part Four: Goals Obie lives and Performance Measures Goal 1: To enhance police officers preparedness in responding to terrorist-related incidents and threats. Objective 1: Procure equipment and train all users on the appropriate use and maintenance of the equipment. 8 City of Tigard, Oregon State Domestic Preparedness Equipment Program FY03 Performance Measure: 100 percent of sworn officers receive the equipment provided under the grant fund. Goal 2: Assist fire and hospitals with mass decontamination efforts during biological or chemical incidents. Objective 2: Purchase necessary equipment and train all users on the appropriate use and maintenance of the equipment. Performance Measure: 100 percent of sworn officer receive the necessary equipment. Part Five: Implementation and Evaluation Plan The Tigard Police Department proposes to improve the ability of police officers response to acts of terrorism. Under the management of Officer Dennis J. Dirren the program will accomplish the following tasks: Task Year One Month 1 2 3 4 5 6 7 8 9 10 11 12 1. Inform the city of the X grant award and begin detailed implementation in l g. ann p Purchase equipment 2 X X . 3. Provide Training on the X X proper use of the equipment on a continues basis) 4. Drill exercises (on a X X continues basis) X X X X 4. Collect data for project luation eva X 5. Analyze project data X 6. Complete Evaluation T L Report X 6. Provide a copy of project evaluation to (under I City of Tigard, Oregon 9 State Domestic Preparedness Equipment Program FY03 Management of the project evaluation process will be the responsibility of Officer Dennis J. Dirren, training and accreditation coordinator. Success will be accomplished with step-by-step measurement on the department's effectiveness in meeting the established goals. Each officer will receive training on the appropriate use of the protective equipment. After the training is completed drill exercises will be conducted to test officers effective use of the equipment. The evaluation process will track the achievement of milestones, within six months, and review each step of the implementation plan with the project staff. The success of this project will be measured through the evaluation of the following factors: 1. Was the equipment purchased within the time outlined? 2. Have all the officers received the appropriate training? 3. Was the training completed with-in the time established? 4. Have the drill exercises demonstrated that 100 percent of officers know how to properly use the equipment? The evaluation report will integrate the findings of the program and summarize the project performance. Part Six Identification of Available Funds and Equipment A. Other federal grants or state or local funds currently earmarked for agency use to purchase CBRNE equipment and/or supplies. MMRS funds are being used by the city of Portland to purchase some communications and personal protective equipment as well as some pharmaceutical supplies. Most of this City of Tigard, Oregon 10 State Domestic Preparedness Equipment Program FY03 material is being distributed to and maintained by regional HAZMAT teams in the Portland metropolitan area. The MMRS program is also purchasing two mass decontamination trailers that will be pre-positioned for use in the region. Grant funds from the CDC and HRSA are being made available to public health agencies and hospitals. However, all funds thus far have been dedicated to planning or vaccination activities. In the future, grants may become available for the purchase of WMD equipment and training. B. Equipment available that may be used to respond to acts of terrorism involving CBRNE. As previously mentioned the Tigard Police Department does not own any of the equipment being requested under this grant. Additionally, the department does not currently own any equipment that can be used to respond to acts of terrorism involving CBRNE. Under a mutual aid agreement, Tualatin Valley Fire and Rescue is able to assist the Police Department with only basic equipment such as protective gloves and with decontamination procedures when necessary. C. Other grant programs you are applying for to obtain CBRNE equipment, training, exercises or technical assistance. The Tigard Police Department intends to apply for FY02 State Domestic Preparedness Equipment Program on June 13, 2003, to acquire the additional equipment the department needs to be ready for any biological or chemical incident. City of Tigard, Oregon 11 State Domestic Preparedness Equipment Program FY03 Part Seven: Budeet Personal Protective Equipment - Level C (60) MSA Advantage 1000 gas mask w/ standard cartridge $12,599.40 $209.99/ea (60) Replacement filter cartridges for MSA Advantage mask $2,399.40 $39.99/ea (75) Tyvek chemical resistant coveralls w/ hood & boots $344.97 $114.99/25 in case (72) Chemical resistant tape "Chem-Tape" $59.40 $19.80/24 rolls (60) Chemical protectant Butyl gloves $1,799.40 $29.99/pair (100) Nitrile disposable gloves $26.82 $13.41 /box of 50 (60) 3M N95 particulate respirator w/ valve $83.94 $13.99/box of 10 CBRNE Logistical Support Equipment (60) HAZMAT heavy-duty nylon gear bag (15.75H x 18.5W x 11.5D) $2,999.40 $49.99/ea (2) Dynavox Mega-phone (bull horn) w/ detachable mic $354.60 $177.30/ea (2) Bushnell weatherproof spotting scope (HAZMAT identification) $378.00 $189.00/ea Detection Equipment (60) M9 Chemical Detection Card for first responders $900.00 $15.00/ea 12 City of Tigard, Oregon State Domestic Preparedness Equipment Program FY03 Explosive Device Mitigation and Remediation (60) Second Chance Level IIIA ballistic threat helmet w/ face shield $354.98/ea $21,298.80 TOTAL FUNDS REQUESTED: $43,244.13 The Tigard Police Department will be the recipient of the equipment that will be purchased with the grant funds. Additionally, the Police Department is prepared to provide initial and on-going training on the proper use of the equipment and to provide maintenance of the equipment. City of Tigard, Oregon 13 State Domestic Preparedness Equipment Program FY03 AGENDA ITEM # FOR AGENDA OF 5/13/03 CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Transportation and Growth Management /TGM Grant Application Submittal DEPT HEAD OK /_61 CITY MGR OK - PREPARED BY: Barbara Shields ISSUE BEFORE THE COUNCIL Should Council approve a resolution endorsing the submittal of a Transportation and Growth Management (TGM) Grant Application for preparing a Downtown Redevelopment I'lan'? STAFF RECOMMENDATION Approve the attached resolution authorizing submittal of the application (Attachment 1). INFORMATION SUMMARY In November 2002, City Council established the Downtown Task Force and assigned it three objectives: 1) work closely with Washington County and Tri-Met to influence the Commuter Rail station design; 2) examine Downtown pedestrian and vehicular circulation improvements; and 3) develop a work plan to address revitalization and economic development needs in Downtown. Witli the completion of the station design document in March 2003, the Task Force is now ready to focus on the revitalization component. At its April 15, 2003, meeting, the City Council reviewed the general revitalization strategy, which involves preparation of a Downtown Revitalization/Redevelopment Plan. The revitalization plan will (1) develop strategies for infill and redevelopment in the Downtown and (2) 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 revitalization plan. The Transportation and Growth Management (TGM) Program is a partnership between two state agencies: the Department of Transportation (ODOT) and the Department of Land Conservation and Development (DLCD). TGM provides funding for local government planning projects that lead to more livable, economically vital, transportation-efficient, pedestrian-friendly communities. Funds reimburse local governments for staff time and/or consultant work, plus other costs. For the 2003-2005 biennium, a local cash match of 15 percent or more may be required. Match for TGM projects is currently provided by general funds included in the DLCD budget. While the Governor's proposed budget includes match finding, final decisions about the TGM budget, including possible changes to match requirements, will be made by the 2003 Oregon Legislature. J Project funding is awarded on a competitive basis in each of the five ODOT regions. i The TGM application will request funds to hire a consultant to develop an economic analysis, alternatives or infill and redevelopment, and infrastructure programming. I:\CDADM\JERREE\Agenda Sum\5-13-03 Downtown TGM agenda item aummary.doc City staff will provide data ("Existing Conditions Report"), review products, and perform support logistics to the consultant for workshops and advisory committee meetings. City staff will also take primary responsibility for presenting the plan for adoption, with the consultant in a support role. The application is due May 23, 2003. The week of July 25°i is the target date for announcing TGM awards. Between August 2003 and January 2004, TGM and local staff will negotiate a detailed statement of work and select consultants. If Tigard receives a TGM grant, Council will review the final scope of work and IGA between the State and the City to hire consultants and fulfill the TGM grant obligations. could be uptto $18,000e The requested grant amount may be uP to $iiff)tim)c to tile projectc A onultantmatch. The approximately $30,000- $ 45,00() worth of st $20,000. Communication/Public Outreach Plan and Process: A detailed Communication/Public Outreach Plan will be developed as part of the final project scope of work and program, if the grant is awarded. Typically, any preparation of a coninnunication!public outreach plan involves two major steps: 1) Identification of stakeholders; 2) Development of public involvement process; 3) Anticipation of possible conflicts. A general approach for a Tigard Downtown Itcdcvelopmcnt Plan is outlined in Attachment 2. OTHER Ai-xr-RismavES CONSIDERED Not applicable. VISION TASK FORCE GOAI; AN?1'C rION COMPvIITTEE STRATEGY opportunities to work Community Character and Quality of LifcDistrict lAsBusiness sociat Association businesses and property owners and proactively with Tigard Central Business citizens of Tigard to set the course for the future of the Central Business District. Ai' TACI!MENT LIST Attachment 1: Resolution of the Tigard City Council Supporting a Transportation and Growth Management Grant Application for State Assistance in Preparing a Downtown Revitalization Plan Attachment 2: Tigard Downtown Redevelopment Plan: Communication and Public Outreach Plan General Approach FISCAL NOTES expe The requested grant amount may be u of staff tim 0e to to pay for a tl project A Slhardtmat hCcould becuptto $18 OOe approximately $30,000 $ 45,000 worth $20,000. I:\LRPLN\Barbara\TGM\GRANT FINAL\ec 5-13 agenda item summary TGM.doc Attachment 2 Tigard Downtown Redevelopment Plan: Communication and Public Outreach Plan General Approach A detailed Communication/Public Outreach Plan will be developed as part of the final project scope of work and program, if the grant is awarded. Typically, any preparation of a communication/public outreach plan involves three major steps: 1) Identification of stakeholders; 2) Development of public involvement process; 3) Anticipation of Possible Conflicts. 1. Identification of Stakeholders Major stakeholders will be identified and involved from the beginning of the project through committees, open houses and workshops, and, if necessary, one-on-one meetings and focus group discussions. The Downtown Task Force, established by Council last fall, will be the key platform for stakeholder identification. Committees: A Citizen Advisory Committee (CAC) and a Technical Advisory Committee (TAC) will be formed from the major stakeholder groups listed below. Citizen Advisory Committee stakeholder groups: • Property owners/business owners/residents of the project area; • Neighborhood groups; • Civic groups/Chamber of Commerce; • Local elected officials (City, Washington County, TriMet). Technical Advisory Committee stakeholders: • City staff, including transportation, planning, and parks and recreation; • TriMet staff; • Washington County staff, including transportation and planning; • ODOT staff, including Rails Division; • Metro staff; • Local utility providers. 2. Public Involvement Process The public involvement process will include two early open houses intended to introduce the project and solicit ideas about the planning and design concepts. Two subsequent open houses will present the site specific concepts. It is anticipated that the consultant will lead all four open houses. As detailed above, major stakeholders will be invited to serve on project committees. The CAC's ongoing role will be to review project information and to provide guidance to the staff and City Council on products, project direction, and I:\LRPLN\Barbara\TGM\GRANT FINAL\cc 5-13 Attachment 2 Public Outreach T D R P,doc the draft plan. The TAC's role will be to provide early guidance and resolution of technical, policy, and regulatory issues. The Citizens Advisory Committee and Technical Advisory Committee will meet regularly throughout the project. We anticipate that the consultant will be required to attend up to six CAC and six TAC meetings. Where feasible, CAC and TAC meetings may be consolidated on the same day as other meetings or public events. In addition to leading the major public events, we anticipate that the consultant will facilitate up to six one-on-one meetings with stakeholders or focus group discussions. Additionally, City staff will brief City Council at key points in the project. 3. Anticipation of Possible Conflicts There may be three main sources of conflicts: • Function and Design of the State Highways: Disagreement on the role of the State highways (Hwy 99W and Hall Blvd.) in this area versus local connectivity (Ash Street extension, Burnham design, pedestrian crossings, neighborhood connectivity); number of street connections and amount of property access that should be permitted; and street and right-of-way design issues. • Property/Busiriess Owner Issues: Support by property and business owners will be crucial. Conflicts may arise over their perception that the plan will or will not provide maximum economic value to their properties and businesses through its effects on such things as property access, changes in development potential, and the location of future streets. Environmental Issues: Potential impacts of the study area development on the Fanno Creek environment. The project's proposed approach is designed to address such conflicts. It includes a variety of opportunities to encourage a thorough public and government agency dialogue-from Citizen and Technical Advisory Committees to focus groups and individual stakeholder meetings to larger public workshops. I:\LRPLN\Barbara\TGM\GRANT FINAL\cc 5-13 Attachment 2 Public Outreach T D R Moe 2 AGENDA ITEM # 4 4 GL, . FOR AGENDA OF May 13.2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the Construction of Embedded Crosswalk Lighting Svstem on Bonita Road (at Milton Court) .s/ PREPARED BY: Vannie Ng_u DEPT HEAD OK: Agustin P. Duenas CITY MGR OK: Bill Monahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Embedded Crosswalk Lighting System on Bonita Road (at Milton Court)? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to North Star Electrical Contractors in the amount of $55,299.00. INFORMATION SUMMARY In FY 1999-2000, the Capital Improvement Program proposed a pilot program to install embedded crosswalk lighting systems at several locations in the City. Since then, four crosswalk lighting systems have been installed at Walnut Street (at Grant Avenue), 1215` Avenue (at Katherine/Lynn Street), 12151 Avenue (at Springwood Drive) and Main Street (at existing bridge). Installation of crosswalk lighting systems at these locations has proved effective in protecting pedestrians from oncoming two-way traffic while crossing at the intersections. This year's program includes installation of crosswalk lights at the Bonita Road/Milton Court intersection. This installation needs to be performed in conjunction with the development of Bonita Park located northwesterly of the intersection. The crosswalk lights should enhance safe crossing of Bonita Road at that intersection for those that wish to use the park. The project was first advertised for bids on August 26, 2002. However, bids submitted at the bid opening were considerably high. In the Council meeting of September 24, 2002, the Local Contract Review Board rejected all bid proposals. This project was re-bid for the second time on April 8, 2003. The bid opening was conducted on April 22, 2003 and the bid results are: North Star Electrical Tualatin, OR $55,299.00 EC Company Albany, OR $57,155.00 Tice Electric Company Portland, OR $61,226.00 CivilWorks NW Tualatin, OR $66,326.00 Engineer's Estimate $59,200 Contra-00 s to be reasonable. Staff Based on the bids submitted, the lowest responsive Star of $55,299 recommends approval of the contract award to North OTHER AI,TERNATNES CONSIDERED N/A N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY ATTACHMENT LIST Project location map FISCAL NOTES n the FY 03 02- under This project is funded from the State Gas Tax fund f $140of $25,000 in the1Park SDC 20or the Bonita Park Embedded Crosswalk Lights supplemented by the amount project. These amounts are sufficient to award the contract of $55,299.00 to North Star Electrical Contractors. I,%"%2002-2003 N C pNboNta rd embedded x-walk~agenda summary for crosswalk lighting on bonita rd - 2nd bid.doc O R O i I z O r z V t... zm ao Og_0 cm J z Q Y O J 0 r: m CO) ~ cr. 0 LU m W I I I I ~ - O I 3AV HL 9L ti m I 1 I - - 3A V HI 6Z -NNVY -3AING )133210 OF~,- I Q 1 r Agenda Item No. Meeting of 5, 1 ,~oL 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: 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. oiC }a J t7 W J 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 the administration as necessary to the orderly and efficient implementation of Council Policy. The Mayor and Council agree to direct their concerns and communications to the administration through the City Manager. EMPLOYEE agrees to respond promptly to all inquiries from the council whether made individually or collectively. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE2 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. SECTION 3- TERMINATION AND SEVERANCE: A. Termination Without Cause. This Agreement may be terminated by either the CITY or EMPLOYEE for any reason whatsoever upon the giving of sixty (60) days' Written notice to the other party. In the event EMPLOYEE is involuntarily terminated without cause by the City Council before expiration of the term of this Agreement and during such time as the EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE3 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; (4) EMPLOYEE is unfit for the position per Federal, State and City rules and regulations applicable to all employees in a For-Cause Termination. If EMPLOYEE is terminated for cause or convicted of any illegal act involving personal gain to him, CITY shall not pay any severance pay to EMPLOYEE. C. Acts Constituting_Involuntary EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE4 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 Resi ation. 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. SECTION 4- SALARY, HOURS OF WORK, VACATION AND SICK LEAVE: 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 PAGE5 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 ENIPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE6 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 City contribution to his ICMA deferred compensation account on the same terms provided to other City management employees. 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 PAGE7 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 1 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 PAGE9 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 tolhe 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. C. Except as otherwise specifically provided by this Agreement, the EMPLOYEE shall be entitled to receive the same salary, compensation, vacation, sick leave, and other benefits .as accorded any other management City employee, including provisions governing accrual and 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 I I IN WITNESS WHEREOF, the CITY OF TIGARD, OREGON has caused this Agreement to be signed and executed and the EMPLOYEE has signed and executed this Agreement, both in duplicate, on the date first written above. William A. Monahan, City Employee ayor - City f Ti ~l a Ct' t w ATTEST: City Recorder "PRO A TO FORM City Attorney G:\muni\Tigard\monahan employment agreement rev 2002.wpd 1:WDM\BILL\MONAHAN EMPLOYMENT AGREEMENT REV 2002.DOC EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 12 AGENDA ITEM # b FOR AGENDA OF May 13 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for Engineering Services - 550 Foot Reservoir #2 Design and Construction Mana ement Services CITY MGR OK PREPARED BY: Dennis Koellermeier DEPT HEAD OK ~D ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board consider and award a contract to Murray, Smith & Associates, Inc. (MSA) to provide professional engineering services for the design and construction of the new 550 foot Reservoir #2, commonly referred to as the Rider School Reservoir? STAFF RECOMMENDATION Staff recommends authorizing staff to negotiate the final scope of work and contract and awarding this contract to MSA for an amount currently estimated to be $268,355. INFORMATION SUMMARY Staff published a "Request for Qualifications " in the Daily Journal of Commerce on January 10, 2003, requesting Statements of Qualifications from engineering firms interested in providing professional engineering services relating to water reservoir, pump station and transmission piping design and construction. That process qualified eight firms to submit proposals for the reservoir design portion of the project, but only seven firms presented proposals. The City created a proposal review team that included both in-house staff as well as the City Engineer from the City of Wilsonville. Three firms were short-listed and asked to make formal presentations to the selection committee. Those firms included: C112M Hill $631,571 Lee Engineering Inc. $495,178 MSA $268,355 Staff has evaluated each proposal based on pre-determined criteria, and concluded that that proposal from MSA presents the best combination of local experience, expertise, and approach for the price. OTHER ALTERNATIVES CONSIDERED 1. Reject all proposals 2. Award the contract to another proposer 3. Give staff further direction VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Building identified water capital improvements is identified as a specifically listed strategy in the 2002 progress report of "Tigard Beyond Tomorrow". ATTACHMENT LIST Memo from Brian Rager, Project Manager ■ Phil Smith letter from MSA dated April 14, 2003 FISCAL NOTES This group of projects currently budgeted for in the Water Fund and the Water CIP Fund. This group of projects is currently estimated to cost approximately $9 million and will be financed via a water revenue bond sale currently scheduled for the fall of 2003 MEMORANDUM CITY OF TIGARD, OREGON DATE: April 15, 2003 TO: Dennis Koellermeier, Assistant Public Works Director FROM: Brian Rager, Development Review Engineer RE: 550 Foot Reservoir No. 2 Consultant After further review of the proposals and discussion with references for both CH2M and MSA, I recommend that the City award the contract to MSA. The following are comments I received from several references: Tahanni AI-Essa, Hillsboro Operations Manager: Indicated that they chose CH2M due to their need to have a fully designed reservoir up front to handle questions that came from a variety of players, including Intel. The City purchased some land from Intel. Gene Thomas, Sherwood: Indicated that they were very happy with MSA on the Kruger reservoir project and encountered no change orders related to the reservoir structure during construction. It was his opinion that when the contractor is required to provide the final design for the tank, the change order issue is resolved. e Jadene Torrent Stensland, Newberg: Was involved in the consultant selection and noted that both KCM and CH2M were in the final running. Newberg specified in their RFP that they wanted a fully detailed design from the engineer. Their desire was to have "no surprises" during construction. They were worried that if hatch or piping locations change during construction, then the cost would be more (by going with the design/bid/build approach). She then gave me some price information that I thought was interesting. The Newberg RFP for their 4 MG reservoir called for a fully designed proposal. KCM still proposed a design/bid/build approach at a cost of $436,664 (they did this because they felt it would save Newberg money in the long run); they noted that to go to a fully designed option would add $52,000 to their price, which would bring their total cost up to $488,664. CH2M's fully designed price was $468,000. Lee Weislogel, TVWD: Left me a message this morning and indicated they had nothing negative to say about either MSA or CH2M. They have used both and were very happy with both consultants. I also received a letter, dated April 14, 2003, from Phil Smith of MSA. He responded to my inquiry as to whether or not the design/bid/build approach could lead to more change orders during construction. I found his letter to be very informative and basically confirmed what I was told by Gene Thomas of Sherwood. They have not experienced any change orders during construction that related to the design of the reservoir structure. Mr. Smith's letter also helped me to understand the design/bid/build approach a little better. The last paragraph on Page 2 indicates that MSA, in conjunction with the reservoir supplier/manufacturer, prepares a full reservoir design package that is put out to bid. We still wind up with a full design package at bid time. The contractors have to come back with a reservoir supplier/manufacturer design submittal for MSA review. I would take this as the "shop drawing review. Any change to the reservoir structure design in order to comply with our detailed performance specification, would be solely bore by the contractor. The CH2M price for the fully designed option is $631,571. The MSA price for the design/bid/build option is $268,355. The difference between the two is $363,216. Based upon my understanding of the two approaches, I simply do not see the fully designed approach being worth an additional $363,216. This is further bolstered by the price information I received from Jadene Stensland for the Newberg project. Finally, MSA comes out on top for me with regard to overall points. Including the interview, their final point total came to 112.4. CH2M's final point total was 102.7. Based upon what I believe is a fair evaluation of all the proposals, I recommend the City move toward awarding the design contract to MSA. Please let me know if you have questions. i:tengWan6public worksVeservoir no. 2\041503-engineer-recomm.doc PAGE 2 Mwra}; Smith & Assoaates, Inc. EngilleetslPlantlers April 14, 2003 Mr. Brian Rager, P.E. Engineering Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 r i. APR 1 2003 C1 1 vJ I iUARD 121 S.W. Salmon, Suite 900 -a Portland, Oregon 91242920 y PHONE 5103-1151.9010 RY 51032251.9022 Re: 550 Foot Service Zone Reservoir No. 2, City of Tigard Dear Brian: This letter responds to our telephone discussion Friday regarding the hybrid design/bid/build approach recommended for the procurement of your reservoir in our proposal to you and the City dated March 31, 2003. We welcome your inquiry and are pleased to provide you additional information on this "tried and true" approach to reservoir structure procurement. Your specific question is if such an approach might lead to more change orders as opposed to a "full design" approach. You specifically requested that we provide to you information on the original and final costs of prestressed concrete reservoirs which the firm has designed recently using the hybrid method with specific attention given to any changes related to the reservoir structure. We are pleased to do so. A cost summary of the two most recently constructed prestressed concrete reservoirs designed by the firm and procured through the hybrid design/bid/build process are as follows: 3.0 MG Kruger Reservoir, City of Sherwood/Tualatin Valley Water District: Original Contract Amount: $2,234,505.80 Final Contract Amount: $2,458,428.84 Total of All Change Orders: $223,923.04 (Note: The Owner has undertaken through this construction contract extensive project-related off-site improvements to the City's pump stations and wells. The value of change orders on the facilities at the reservoir site is approximately $10,000 or approximately 0.4% of the original contract amount.) Construction Contractor: Ward-Henshaw Construction Co., Inc. Reservoir System: DYK Change Orders Related to Reservoir Structure Procurement Method: None Project Complete Mr. Brian Rager, P.E. April 14, 2003 Page 2 3.5 MG Mentor Reservoir, City of Tigard Original Contract Amount: $3,372,682.15 Final Contract Amount: $3,296,074.58 Total of All Change Orders: (-$76,607.57) Construction Contractor: Ward-Henshaw Construction Co., Inc. Reservoir System: DYK Change Orders Related to Reservoir Structure Procurement Method: None Project Complete The following project is currently under construction. The reservoir structure was procured utilizing the hybrid design/bid/build process. 1.0 MG Reservoir, City of Columbia City Original Contract Amount: $1,252,515 Construction Contractor: Skaar Construction, Inc. Reservoir System: DYK Project Under Construction I have personally been involved with reservoir procurement and construction since the late 1970's and have successfully utilized the hybrid design/bid/build approach since that time both while with another firm and with MSA since 1980. The very first prestressed concrete reservoir with which I was personally involved was a 4.0 MG reservoir which I designed for the City of Newberg in 1978. This structure was procured in precisely the same manner as we are proposing for your reservoir. It was a very successful process 25 years ago and it still is today. Your question suggests an implication that one would expect to have more opportunity for change orders with the hybrid design/bid/build process versus the "full design" approach. Through our experience in prestressed concrete reservoir design and construction, we have found that the hybrid design/bid build approach may actually reduce the likelihood for structure related change orders. As we discussed Friday, our approach provides for a thorough and rigorous design phase consultation and design process with the reservoir supplier/manufacturer to finalize all reservoir structural design and specification issues prior to the bidding process. The full reservoir design as prepared by the reservoir supplier/manufacturer and as reviewed and approved by MSA is included in the project plans and specifications package. After bidding and award, there is a required reservoir supplier/manufacturer design submittal which again is reviewed by our firm. Any change in the reservoir structure design that may be needed is the responsibility of the contractor and reservoir supplier/manufacturer, not the owner. Our experience has been that this approach virtually eliminates change order issues regarding the reservoir structure. Mr. Brian Rager, P.E. April 14, 2003 Page 3 MSA routinely utilizes the hybrid design/bid/build process very successfully on steel reservoir structures also. Our Statement of Qualifications notes some of these projects which have included all types and styles of steel reservoirs for clients which include the City of Portland Water Bureau, the Cities of West Linn, Oregon City, Fairview, and Gladstone and the Powell Valley Road Water District, Clackamas River Water, and the South Fork Water Board. Brian, we appreciate this opportunity to provide this information to you. We would be happy to visit with you at your convenience if it would be helpful to you to further explore our recommended approach in detail. Please don't hesitate to call me at any time. Sincerely, MURRAY, SMITH & ASSOCIATES, INC. Philip H. Smith, P.E. President PHS jld J AGENDA ITEM # 5- FOR AGENDA OF May 13, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on the New Tigard Libr PREPARED BY: Mar&aret Barnes DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Presentation by staff to update the City Council about the new library. STAFF RECOMMENDATION The purpose of this presentation is to communicate recent events and accomplishments related to the new Tigard Public Library. INFORMATION SUNIlvIARY On May 21, 2002, Tigard voters passed a $13 million bond measure for the construction of a new library of approximately 47,000 square feet. This amount will pay for land acquisition, the design, construction and furnishing of the new library, parking and related street improvements. The site of the new library is a 14.7-acre property located along Hall Boulevard near O'Mara Street. Nearly a year after passage of the bond, the design is completed and construction is scheduled to begin in June. The project remains on schedule and within budget. At this meeting, staff will present fmal designs and floor plans as well as discuss other aspects of the project related to the site. Staff will also provide details about the groundbreaking ceremony on Saturday, May 17 at 10 a.m. and an update on fundraising efforts. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal #3: Adequate facilities are available for efficient delivery of life-long leaming programs and services for all ages. ATTACHMENT LIST 1. Set of PowerPoint Slides FISCAL NOTES N/A W J i I What's New on the New Library? `Bring your own shovell Take a virtual tour of new llbraryl ' • See where the Bricks for Books will be laidl i 1 a, _J W J `"77 r For More Information on Library Project... Contact: paulaC~ci tieard.or.us 503 684-6537, ext. 2508 or check out the New Library web pages at: www.d.tigard.orms 1 1 tt~ ust ME 2 AGENDA ITEM # FOR AGENDA OF May 13, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Communi Assessment Program CAP Introduction and Overview PREPARED BY: Liz Newton DEPT HEAD OK CITY MGR OK f~~--- ISSUE BEFORE THE COUNCIL An introduction and presentation on the Community Assessment Program (CAP). STAFF RECOMMENDATION Information item. No action necessary, however, Council may want to provide direction. INFORMATION SUMMARY Over the past few years, the city has made significant progress to connect with our citizens. The results have been improved two way communication, a better understanding of how we deliver service and what services we provide. One of the Council's goals for 2003 is to "Improve and expand communication with citizens, particularly communicating successes and future concerns." Building upon the improved connection with the public, and in light of the Council's goal to improve communications, a new program called the Community Assessment Program (CAP) was initiated on a trial basis in January. The program is aimed at validating that city employees and elected officials have a complete understanding of the existing conditions within the city on a neighborhood by neighborhood basis, and at ensuring that issues are addressed promptly, efficiently, and in an equitable manner. Attached is a memo that outlines how the program works, the intended results, and a communication plan for the remainder of the fiscal year. Several by-products of the program are important. One is the collaborative effort of city teams made up of representatives of several city departments. A second is an improved connection to the community. The third by- product will be the delineation of where the city is responsible for action, where private citizens are responsible and where together we can work to improve the ability to bring volunteer efforts together to address many issues. In summary, the CAP is essentially community policing applied to the whole city by all departments. OTHER ALTERNATIVES CONSIDERED i Suggest modifications to the program. 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 1. Memo from Liz Newton with attachments: Map Schedule CAP Summary Report Assessment Report Assessment Report Summary Report to the Community 2. Communication Plan FISCAL NOTES The walks are conducted during employees' regular work shifts on Wednesday afternoons. For purposes of calculating the fiscal resources involved, an average salary $32.68 per hour is assumed. Generally, 7 employees participate in the two hour walk each week. 7 employees x $32.68/hour x 2 hours = $457.52 per week i.%adrn%z% ap agenda item summary for 5-13-03.doc MEMORANDUM TO: FROM RE: DATE: Honorable Mayor and City Council JJ Liz Newton, Assistant to the City Manager V'CZ-1 Introduction to the Community Assessment Program (CAP) April 30, 2003 Introduction: Over the past few years, the city has made significant progress to connect with our citizens. The results have been improved two way communication, a better understanding of how we deliver service and what services we provide. One of the Council's goals for 2003 is to Improve and expand communication with citizens, particularly communicating successes and future concerns." Building upon the improved connection with the public, and in light of the Council's goals to improve communications, a new program called the Community Assessment Program was initiated on a trial basis in January. The program is aimed at validating that city employees and elected officials have a complete understanding of the existing conditions within the city on a neighborhood by neighborhood basis, and at ensuring that issues are addressed promptly, efficiently, and in an equitable manner. Program: The assessment program is intended to bring work groups of city employees, across department lines, into each neighborhood in teams at least once a year so the neighborhood is the focus of an information gathering and issue identification effort. After the "light is shown" on the neighborhood through the collaborative team data gathering effort, corrective actions are scheduled, assignments made for follow-up, and an assessment report is developed first for departments and then to the neighborhoods. In order to accomplish this task, the city was divided into 45 areas that generally correspond to the police department patrol grids (map attached). A schedule was developed so that each Wednesday afternoon, a team of employees covers a different area of the city. For purposes of scheduling, the city was divided into 5 geographic sections and then areas were randomly selected on a rotating basis. A copy of the schedule is attached. Prior to the walk each week, departments assemble any available data about the area, and note any specific information to be collected or observations to be made on the walk. The data is compiled into a summary report that is distributed to the walkers two days before the walk (sample attached). The team of walkers is comprised each week of usually one person from every department. Each week there is a team leader who provides general instructions to the group and emphasizes things to observe. Depending on the size and character of the area, the group may split into two teams or several teams of two. If the area is steep or there are large lots with little development and a lot of area to cover, the groups may conduct part of the "walk" in a car. If the area consists of light density housing or commercial development, the walks generally take about two hours. teams cover different parts of the area. After the walk is completed, the team members submit their comments. An assessment report and an assessment report summary are prepared. The assessment report ties the comments made by the walkers to specific locations and assigns initial follow-up responsibility to specific departments or individuals. This document is where departments record and update follow-up actions taken. The assessment report t is summary is prepared for the Exec the kind of follow-up 'actions need d aA sample of observed in each each area and generally those reports is attached. Walks have been conducted in 10 areas of the city and staff has just completed an evaluation of the program. Based on the comments of walkers and the Exec Staff, some changes have been made primarily to the walker guidelines and due dates for report information. As the next step in the process, staff has developed a format for a report to the community (copy attached). This report will be issued within 30 days of the walk, ideally to a community connector, posted on the web, and summarized in the Cityscape. In order to further expand communication on the program, staff also proposes to publicize the CAP schedule and set-up an email account for citizens to submit comments, suggestions or questions. w J Intended Results Several by-products of the program are important. One is the collaborative effort of city teams made up of representatives of several city departments. Employees will gain a better understanding of city a workforce rof 260 sarong can produce a problems and recognize that together e#her as as a community by all being eyes, ears and hands for the community. aThis can be A second by-product is an improved connection to the community. rea to be achieved with the identification of one or more persons in each sileeon as the city's point he of contact, been nreliable umerous cca ons of ctizensresource stopp ng n Also, , wh wh walkers to talk, ask questions, and raise concerns. The third by-product of the program will be the identification and delineation of where the city is responsible for action, where private citizens are responsible and where together we can walk to improve the community. Finally, we have the ability to bring volunteer efforts together to address many issues. In summary, the CAP program is essentially community policing applied to the whole city by all city departments. It is an effort to have city employees more aware of what is happening in the community, more ownership in the results of our actions and decisions, and prompter action to address issues. The public will benefit, the community will continue to improve, and the citizens will better recognize and acknowledge the quality of city service, the limitations we have and how as partners, citizens and city employees can accomplish more. I:%admUlz%cep memo to council 4.2303.doc { V ~3 0 00 u u u ri) a Q U L I 'g. o O M o 'E U r: ~i _ 7 t r i -~IUJI CL TT~ "IN s~rr.~-✓=„~~ ~9MV • i "--J i J ~o iJ l k i~ ,J I 005£ l co oosrF W G) rn ([S H rn~ss t ' ~ A V t2. FhCI Fr rd CAP area assignments by quarter (updated 1/30/03) (After each quarter, we will confirm the next quarter assignments) date packet materials Walk area - Team comments due due by 5:00 Wed leader for to Julia by not afternoons walk 5:00 on: