City Council Packet - 04/26/2005
CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
April 26, 2005
COUNCIL MEETING WILL BE TELEVISED
1•\0fs\Donna's\Ccpkt3
13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
Agenda Item No. y • I
For Agenda of June 14, 2005
COUNCIL MINUTES
TIGARD CITY COUNCIL MEETING
APRIL 26, 2005
Mayor Dirksen called the meeting to order at 6:31 p.m.
City Council present: Mayor Dirksen; Councilors Harding, Wilson, and Woodruff.
• STUDY SESSION
> Review and Discuss Council Groundrules
Interim City Manager Prosser reviewed this item with the City Council. The
groundrules were updated in October 2004. Mr. Prosser quickly outlined the
provisions of the resolution establishing the groundrules.
At the April 12, 2005, City Council meeting, Councilor Harding requested
two items be removed from the Consent Agenda. At that meeting there
was some discussion about advance notification Councilor Sherwood
cited a Council rule requiring that 24-hour advance notice be given if items
were to be removed from the Consent Agenda. Mayor Dirksen noted there
is no requirement for 24-hour notice in the groundrules. The January 28,
2003, Council meeting minutes indicate that Council members agreed to
contact the City Manager by noon on the day of the Council meeting if they
wanted to remove an item from the Consent Agenda for separate
consideration. Councilor Harding's request was made the morning of
April 12; therefore, her request met the agreement for advance notification.
Mayor Dirksen said that in the recent past, there has been an "unwritten
rule" that requests for pulling Council agenda items be done 24 hours in
advance.
Councilor Wilson noted he had no concerns with pulling a Council agenda
item off the Consent Agenda for discussion; however, he noted that it's a
different situation if staff needs to prepare additional information. Items
should be routine in nature or discussed by Council beforehand in a
workshop meeting.
Mayor Dirksen advised that when he reviews the Council packet, one of the
first things he reviews are the Consent Agenda items since there is no
opportunity for discussion on these items and he does not want to be
caught by surprise should he have concerns. Other agenda items are open
for discussion during the meeting. He suggested Council members
COUNCIL MINUTES - APRIL 26, 2005 page l
familiarize themselves with the items on the Consent Agenda as early as
possible.
Councilor Woodruff suggested if a City Council member has a concern on a
Consent Agenda item, it be set over to the next meeting. City Attorney
Ramis commented that one of the reasons why there are no established
rules on this matter might be because there are a lot of different situations
and the City Council needs flexibility. There's a wide array of how
jurisdictions handle the Consent Agenda process. Primarily, there should
be a common understanding about the process to be used. If an item
clearly needs questioning or is controversial, then it does not belong on the
Consent Agenda and there should be a way to easily remove it.
Councilor Harding agreed with City Attorney Ramis' comments. It is the
responsibility of staff to determine whether the issue is routine and is
appropriate for the Consent Agenda. This frees up the City Council to
discuss other matters that are not routine.
Mayor Dirksen said he believed the April 12 issue with the Consent Agenda
was an unusual circumstance. He said the City Council could change the
groundrules if it was determined that a 24-hour notice requirement should
be instituted if a City Council member wants to have an item removed.
Mayor Dirksen responded to a comment from Councilor Harding and
advised that the Consent Agenda is adopted if it is approved by a majority
of the City Council present. City Attorney Ramis noted the Charter provides
that decisions are made by the majority of City Council unless the City
Council decides to impose a higher standard.
After discussion, consensus of City Council was to be flexible with regard to
requests for removing a Consent Agenda, realizing that removal of a
Consent Agenda item could cause impacts.
Councilor Wilson noted some concerns about the process regarding
responding to a-mails from the public in order to make sure the public
record is maintained. Staff will review and report back to Council about this
process. There was discussion about the volume of information from the
City received by Council members. Councilor Harding commented on her
efforts to organize City-related items on the City laptop and referred to
some software that might be helpful. Interim City Manager Prosser noted
that GroupWise software might be available for Councilor's laptops.
Councilor Harding questioned if the $250 proposed budget relating to
Council meetings was sufficient with regard to the supplies and tape
recording equipment. This matter will be reviewed during the budget
process.
COUNCIL MINUTES -APRIL 26, 2005 page 2
Councilor Woodruff commented on the communication process to be
followed by the City Council as set forth in the Council groundrules. He said
he understands that he should first attempt to contact Interim City Manager
Prosser, and if he does send a communication to the Department Head, he
would make sure Interim City Manager Prosser is copied. Contacts to
board and committee members are not specified in the Council
groundrules; however, Interim City Manager Prosser noted that direction to
a board or committee to work on a project should be decided upon by the
entire Council.
• EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7
p.m. to discuss labor negotiations and pending litigation under ORS 192.660(2)(d)
and (h).
Executive Session concluded at 7:30 p.m.
1. BUSINESS MEETING
1.1 Mayor Dirksen called the City Council & Local Contract Review Board to
order at 7:35 p.m.
1.2 City Council Present: Mayor Dirksen, Councilors Harding, Wilson, and
Woodruff.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
2. PROCLAMATION: Proclaim May 1-7 as Be Kind to Animals Week
Mayor Dirksen, with concurrence of the Council members present, proclaimed May
1-7 as Be Kind to Animals Week.
3. CITIZEN COMMUNICATION
• Alice Ellis Gaut, 10947 SW Chateau Lane, Tigard, Oregon, referred to the
last City Council business meeting at which Councilor Harding had requested
that items be removed from the Consent Agenda for separate consideration.
She referenced the Study Session discussion by the City Council just prior to
this business meeting when the City Council discussed the Council
groundrules, including the Consent Agenda process. She indicated she was
encouraged with the discussion about how requests to remove items for
further discussion would be handled in the future. On April 12, 2005,
Councilor Harding proposed a motion to remove items from the Consent
Agenda for separate consideration. The motion was not seconded; therefore,
there was no City Council consideration to remove the items in question.
COUNCIL MINUTES -APRIL 26, 2005 page 3
Ms. Ellis Gaut advised the manner in which Councilor Harding's request was
handled was upsetting. She said that the Council groundrules are not an
internal matter; a Consent Agenda should have universal support. Ms. Ellis
Gaut spoke to honoring a request for separate consideration of items on the
Consent Agenda when a City Council member raises an issue. Ms. Ellis
Gaut reported she had contacted other cities and could not find any other
instance where a 24-hour notice requirement was imposed. She added that
one of the items Councilor Harding wanted to have pulled from the Consent
Agenda was going to cost a lot of money and Ms. Ellis Gaut would have been
interested in more information on this item.
Councilor Wilson acknowledged that Ms. Ellis Gaut made an important point.
He noted that most items on the Consent Agenda have been discussed at a
previous meeting and are routine. City Council discussed Council
groundrules during the Study Session portion of this meeting. No 24-hour
notice requirement is in the Council groundrules and the Council decided it
would not amend the rules as they want to keep the process flexible so
issues could be raised.
Councilor Harding added that the public also has the right to address the City
Council on issues they might have.
• Gretchen Buehner, 13249 SW 136th Place, Tigard, Oregon, referred to a
recent Council discussion at a workshop meeting regarding whether the City
Council should serve as the urban renewal agency should one be formed.
She urged the City Council to appoint a independent board as soon as
possible so that the board could "hit the ground running" if the voters
approved the urban renewal district (use of tax increment financing). She
added that the City Council members did not have the expertise or the time to
serve on this board. Councilor Woodruff responded that the City Council had
discussed this matter including the idea that the City Council serve as the
Urban Renewal Agency and that a board be appointed later.
• Follow-up to Previous Citizen Communication
Interim City Manager Prosser reported that at-the last business meeting:
o Alice Ellis Gaut reminded City Council and citizens that Friday, April 22, was
Earth Day.
o Lisa Hamilton Treick appeared before the City Council and gave her view
as a resident of the unincorporated area on what non-residents would like
to see in a new City manager.
o Gretchen Buehner appeared to bring to the City Council's attention a
nuisance issue on commercial property west of Grant Street, fronting Tigard
Street and abutting Fanno Creek. The Code Compliance officer advised
that there are two properties involved: One is zoned I-P and it is permissible
COUNCIL MINUTES -APRIL 26, 2005 page 4
to have equipment on the property and the other property on Grant Street
was cited into court some time ago and it's working its way through the
court process.
Ms. Buehner also commented meetings held in the Library Community are
difficult to hear. As a result of this concern, microphones are set up for
Budget Committee meetings, which are being held in this room.
Councilor Woodruff updated citizens on the City Manager application
process. Applications are due next week and applicant review will
commence.
Youth Advisory President Williams announced the following Consent Agenda
items:
4. CONSENT AGENDA:
4.1 Approve Council Minutes for March 1, 8, and 15, 2005
4.2 Receive and File:
a. Meeting Notes for March 29 Tigard City Council "Fifth Tuesday"
Meeting
b. Annual Solid Waste Financial Report Findings
4.3 Appoint Jim Bray and Rob Callan to the Tree Board - Resolution No. 05-27
RESOLUTION NO. 05-27 -A RESOLUTION OF TIGARD CITY COUNCIL
APPOINTING JIM BRAY AND ROB CALLAN TO THE TREE BOARD
4.4 Accept the Land and Water Conservation Grant Award and Authorize the
Mayor to Sign the Agreement Accepting Grant Funds
4.5 Authorize the Mayor to Approve West Nile Virus Intergovernmental
Agreement with Washington County
4.6 Local Contract Review Board:
a. Award Contract for the Construction of McDonald Street
Improvements
b. Award Contract for the Construction of the FY 2004-05 Pavement
Major Maintenance Program (PMMP) - Phase 2
C. Approve Purchase of Mobile Data Computer Software and Hardware
4.7 Approve Budget Amendment #13 to the FY 2004-05 Budget to Increase
Appropriations in the Police Department for Purchase of Replacement
Mobile Data Computer Software - Resolution No. 05-28
RESOLUTION NO. 05-28 -A RESOLUTION APPROVING BUDGET
AMENDMENT #13 TO THE FY 2004-05 BUDGET TO INCREASE
APPROPRIATIONS IN THE POLICE DEPARTMENT FOR PURCHASE OF
REPLACEMENT MOBILE DATA COMPUTER SOFTWARE
COUNCIL MINUTES -APRIL 26, 2005 page 5
4.8 Authorize the Mayor to Sign an Agreement with Washington County to
Accept Community Development Block Grant (CDBG) Funds for Sidewalk
Improvements to Hall Boulevard
Motion by Councilor Woodruff, seconded by Councilor Wilson, to approve the
Consent Agenda as presented.
The Consent Agenda was approved by a unanimous vote of City Council present:
Mayor Dirksen: Yes
Councilor Harding: Yes
Councilor Wilson: Yes
Councilor Woodruff: Yes
5. UPDATE - LIBRARY STRATEGIC PLAN
Library Director Barnes presented the staff report. A copy of the PowerPoint
presentation summarizing the highlights of the staff report is on file in the City
Recorder's office. Five service priorities were identified by a committee made up
of a broad cross-section of the community. These priorities are:
o Current topics and titles
o General information
o Commons
o Information literacy
o Cultural awareness
Library staff developed goals, objectives and activities for each of the service
priorities. City Council members received a copy of the document Mapping the
Future, which described each service priority as well as its goals and objectives.
The new strategic plan coincides with the first year of the new library's operation
and, thus, will help define the library's role in the community.
Councilor Woodruff asked Library Director Barnes about the parking lot at the new
library. The parking lot for the new facility is often full, especially when there are
events in the Community Room.
There was discussion on some of the attendance statistics reported in the
Strategic Plan that will continue to be tracked and reported to the City Council.
COUNCIL MINUTES -APRIL 26, 2005 page 6
6. AN ORDINANCE AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE
ADOPTING SECTIONS AN109.4.2 THROUGH AN109.4.3 OF THE STATE OF
OREGON RESIDENTIAL SPECIALTY CODE - FIRE SPRINKLERS FOR
APARTMENTS CONSTRUCTED UNDER THE RESIDENTIAL CODE AND
INCLUDING DEMOLITION WITHIN THE SCOPE OF THE SPECIALTY CODES
Building Official Lampella presented the staff report on this agenda item and
outlined for Council the provisions of the proposed ordinance.
Staff recommended that the Council approve the ordinance to adopt Sections
AN 109.4.2 through AN 109.4.3 of the State of Oregon Residential Specialty Code.
In response to a question from Councilor Harding, Building Official Lampella
advised that the City has adopted the necessary code provisions and he does not
anticipate bringing any additional regulations to be considered by the City Council.
There was brief discussion on firewall requirements for condominiums.
Motion by Councilor Wilson, seconded by Councilor Harding, to adopt Ordinance
No. 05-06.
ORDINANCE NO. 05-06 - AN ORDINANCE ADOPTING THE SPECIALTY CODE
NAME CHANGE, SECTIONS AN109.4.2 THROUGH AN109.4.3 OF SUCH
SPECIALTY CODE -ALTENRATE FIRE SPRINKLER SYSTEM REQUIRMENTS,
AND INCLUDING DEMOLITION IN THE SCOPE OF THE ADOPTED
SPECIALTY CODES.
The motion was approved by a unanimous vote of City Council present:
Mayor Dirksen: Yes
Councilor Harding: Yes
Councilor Wilson: Yes
Councilor Woodruff: Yes
7. COUNCIL LIAISON REPORTS: None
8. NON AGENDA ITEMS: None
9. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at
8:19 p.m. to discuss labor negotiations and pending litigation under ORS
192.660(2)(d) and (h).
COUNCIL MINUTES -APRIL 26, 2005 page 7
10. ADJOURNMENT: 9:55 p.m.
( ~4.e/u
~C
Catherine Wheatley, City Recorder
Attest:
6~'n' Z- (z
Mayor, City of Tigard
Date: C
COUNCIL MINUTES -APRIL 26, 2005 page 8
Greeter: Gary Lampella
Mayor's Agenda as of 4126105
FIAPRIL ARD CITY COUNCIL
MEETING
26, 2005 6 :30 p.m. CITY OF TIGARD
OREGON
IGARD CITY HALL
125 SW HALL BLVD
GARD, OR 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).
If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda
item. Citizen Communication items are asked to be two minutes or less. Longer matters can
be set for a future Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present
by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard
in any order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be .
scheduled for Council meetings by noon on the Monday prior to the Council meeting.
Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD -
Telecommunications Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;
and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow
as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the
Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503-
684-2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - APRIL 26, 2005 page 1
AGENDA
TIGARD CITY COUNCIL MEETING
6:30 PM
• STUDY SESSION
> Review and Discuss Council Groundrules
- Interim City Manager Prosser
• EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to
discuss labor negotiations and pending litigation under ORS 192.660(2)(d) and (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(4), 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 a Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. PROCLAMATION: Proclaim May 1-7 as Be Kind to Animals Week
• Mayor Dirksen
7:40 PM
3. CITIZEN COMMUNICATION (Two Minutes or Less, Please)
• Follow-up to Previous Citizen Communication
COUNCIL AGENDA - APRIL 26, 2005 page 2
7:50 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 1, 8, and 15, 2005
4.2 Receive and File:
a. Meeting Notes for March 29 Tigard City Council "Fifth Tuesday"
Meeting
b. Annual Solid Waste Financial Report Findings
4.3 Appoint Jim Bray and Rob Callan to the Tree Board - Resolution No. 05-27
RESOLUTION NO. 05-27 - A RESOLUTION OF TIGARD CITY
COUNCIL APPOINTING JIM BRAY AND ROB CALLAN TO THE TREE
BOARD
4.4 Accept the Land and Water Conservation Grant Award and Authorize the
Mayor to Sign the Agreement Accepting Grant Funds
4.5 Authorize the Mayor to Approve West Nile Virus Intergovernmental
Agreement with Washington County
4.6 Local Contract Review Board:
a. Award Contract for the Construction of McDonald Street
Improvements
b. Award Contract for the Construction of the FY 2004-05 Pavement
Major Maintenance Program (PMMP) - Phase 2
C. Approve Purchase of Mobile Data Computer Software and Hardware
4.7 Approve Budget Amendment # 13 to the FY 2004-05 Budget to Increase
Appropriations in the Police Department for Purchase of Replacement Mobile
Data Computer Software - Resolution No. 05-28
RESOLUTION NO. 05-28 - A RESOLUTION APPROVING BUDGET
AMENDMENT #13 TO THE FY 2004-05 BUDGET TO INCREASE
APPROPRIATIONS IN THE POLICE DEPARTMENT FOR PURCHASE OF
REPLACEMENT MOBILE DATA COMPUTER SOFTWARE
4.8 Authorize the Mayor to Sign an Agreement with Washington County to
Accept Community Development Block Grant (CDBG) Funds for Sidewalk
Improvements to Hall Boulevard
• Consent Agenda - Items Removed for Separate Discussion: Any items requested
to be removed from the Consent Agenda for separate discussion will be considered
COUNCIL AGENDA - APRIL 26, 2005 page 3
immediately after the Council has voted on those items which do not need
discussion.
7:55 PM
5. UPDATE - LIBRARY STRATEGIC PLAN
a. Staff Report: Library Staff
b. Council Discussion
8:10 PM
6. AN ORDINANCE AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE
ADOPTING SECTIONS AN 109.4.2 THROUGH AN 109.4.3 OF THE STATE
OF OREGON RESIDENTIAL SPECIALTY CODE - FIRE SPRINKLERS FOR
APARTMENTS CONSTRUCTED UNDER THE RESIDENTIAL CODE AND
INCLUDING DEMOLITION WITHIN THE SCOPE OF THE SPECIALTY CODES
a. Staff Report: Community Development Staff
b. Council Discussion
C. Council Consideration: Ordinance No. 05-06
Councilor: I move for adoption of the proposed Ordinance.
Councilor: I second the motion.
Mayor: Will the City Recorder please read the number and title of the Ordinance.
ORDINANCE NO. 05-06 - AN ORDINANCE ADOPTING THE SPECIALTY
CODE NAME CHANGE, SECTIONS AN 109.4.2 THOUGH AN 109.4.3 OF
SUCH SPECIALTY CODE - ALTERNATE FIRE SPRINKLER SYSTEM
REQUIREMENTS, AND INCLUDING DEMOLITION IN THE SCOPE OF THE
ADOPTED SPECIALTY CODES
City Recorder: (Reads as requested.)
Mayor: Is there any discussion?
Mayor
(after discussion): Will the City Recorder please conduct a roll-call vote of Council.
City Recorder: Conducts roll call vote.
Mayor: Ordinance No. 05-06 (is approved or fails) by a (unanimous or however
votes were split) vote.
Tie votes = fail
COUNCIL AGENDA - APRIL 26, 2005 page 4
8:30 PM
7. COUNCIL LIAISON REPORTS
8:40 PM
8. NON AGENDA ITEMS
9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If
an Executive Session is called to order, the appropriate ORS citation will be
announced identifying the applicable statute. All discussions are confidential and
those present may disclose nothing from the Session. Representatives of the news
media are allowed to attend Executive Sessions, as provided by ORS 192.660(4),
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.
9:00 PM
10. ADJOURNMENT
isledmkathyktat2005%050426mvised).doc
COUNCIL AGENDA - APRIL 26, 2005 page 5
City of Tigard, Oregon
Affidavit of Posting
CITY OF TIGARD
In the Matter of the Proposed Ordinance(s) OREGON
C?rccl. os. CCQ - A dd A4. ac.. Cy
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, IllEl ~ ~ L ,being first duly sworn (or affirmed), by
oath (or affirmation), depose and say:
That I posted in the following public and conspicuous places, a copy of
Ordinance Number(s) 050W , which were adopted at the
City Council meeting of C LI, Q (p C5 , with a copy(s) of said Ordinance(s)
being hereto atta ed and y reference made a part hereof, on the
day of 20QS .
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon
Signature of Person who Perfo e Posting
Subscribed and sworn (or affirmed) before me this 816 day of
~fDL-r1~ , 20 OS.
Signature of Notary Public for Oregon
OFFICIAL SEAL
WNOTARY EER A GASTON
'MM
PUBLIC-OREGON
COMMSSION NO. 37302 MY COMMISSI ION EXPIRES OCT. 10, 2007
\\TIG333\USR\DEPTS\ADM\GREER\FORMS\AFFIDAVITS\AFFIDAVIT OF POSTING - ORDINANCE.DOC
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City of Tigard, Oregon
Affidavit of Posting
CITY OF TIGARD
OREGON
In the Matter of the Proposed Ordinances 05-01 through 05-16
O12~ I~(~, ~~1 b~v
STATE OF OREGON )
County of Washington ) ss. 4 bu I bs_
City of Tigard )
CCL-f I, he,,(i nQ O a4l L , being first duly sworn (or affirmed), by
oath (or affirmation), depose an say:
That I on December 15, 2005, I posted in the following public place, a copy of
Ordinance Numbers 05-0 through 05-16, which were adopted by the City
Council.
Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon
Signature of Person who Perfo d Posting
l~h
Subscribed and sworn (or affirmed) before me this day of
CCOn r' , 2005.
OFFICIAL SEAL
JILL M BYARS
NOTARY PUBLIC-OREGON Signature of Notary Public for Oregon
COMMISSION NO. 381793
MY COMMISSION EXPIRES JUNE 14, 2008
I:tadm'Qreer\formsraflidavgslafOdavit of posting - 05 ordinances - 05-01 to 05.10 - permit center.doc
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CITY OF TIGARD, OREGON
ORDINANCE NO. 05- O(0
AN ORDINANCE ADOPTING THE SPECIALTY CODE NAME CHANGE, SECTIONS AN109.4.2
THROUGH AN109.4.3 OF SUCH SPECIALTY CODE - ALTERNATE FIRE SPRINKLER SYSTEM
REQUIREMENTS, AND INCLUDING DEMOLITION IN THE SCOPE OF THE ADOPTED
SPECIALTY CODES.
WHEREAS, the State of Oregon has adopted a newyesidential specialty code on April 1, 2005; and
WHEREAS, Oregon Administrative Rule 918-001-0006 has changed the name from the Oregon 1&2
Family Dwelling Specialty Code to the Oregon Residential Specialty Code; and
WHEREAS, the scope of this code has expanded to include some apartment buildings within a narrow
scope; and
WHEREAS, some apartment buildings regulated by this code are permitted to be non-sprinklered; and
WHEREAS, Sections AN109.4 and AN109.4.1 grants authority to the local jurisdiction to adopt the
Alternate Fire Sprinkler System Requirements of AN109.4.2 through AN109.4.3; and
WHEREAS, the previous building code regulating these structures required the same level of fire sprinkler
protection as required by this new code; and
WHEREAS, it is necessary to adopt these provisions so as not to reduce the level of fire safety for these
buildings; and
WHEREAS, the State of Oregon has removed demolition from the scope of the codes; and
WHEREAS, local jurisdictions are granted authority by the State of Oregon to write their own
administrative procedures; and
WHEREAS, it is deemed necessary that the City of Tigard require permits for demolition of structures to
verify abatement of sanitary, electrical, erosion control and life safety issues,
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The City of Tigard adopts the specialty code name change from the Oregon 1&2 Family
Dwelling Specialty Code to the Oregon Residential Specialty Code as shown in Exhibit
A.
SECTION 2: The City of Tigard adopts the provisions of Sections AN109.4.2 though AN109.4.3 of
the Oregon Residential Specicialy Code for Alternate Fire Sprinkler System
Requirements as shown in Exhibit B.
ORDINANCE No. 05- [L/
Page 1
SECTION 3: The City of Tigard amends Tigard Municipal Code Section 14.04.030 Subsection 1. to
include demolition within the scoping provisions of the specialty codes as shown in
Exhibit A.
SECTION 4: This ordinance shall be effective immediately after its passage by the Council, signature
by the Mayor, and posting by the City Recorder.
PASSED: By ()Aat1 iMouS vote of all Council members present after being read by number
and title only, this Ql? day of o f,; L 72005.
c
' 04
Catherine Wheatley, City ecorder
APPROVED: By Tigard City Council this Q~o day of L 2005.
Craig Dirksen, Mayor
Ap ved as to fo -
City Attorney
Date
ORDINANCE No. 05- OLO
Page 2
EXHIBIT "A"
TIGARD MUNICIPAL CODE
* StFikeeids are deleted language 1. Except as otherwise provided in
* Bold underline is revised language this chapter, the following codes, standards and
rules are adopted and shall be in force and effect
Chapter 14.04 BUILDING CODE. as part of this Municipal Code. The provisions of
these codes. in addition to their individual
Sections: scoping provisions found therein, shall also
apply to demolition of structures, equipment
14.04.010 Title. and systems regulated by such codes:
14.04.020 Definitions.
14.04.D30 State Codes Adopted. a. Under the authority of
14.04.040 Administration. ORS 455.150 (effective 9/5/95), the City of
14.04.050 Repealed By Ord. 96-10. Tigard administers those specialty codes and
14.04.060 Repealed By Ord. 01-25. building requirements adopted by the state which
14.04.065 Electrical Program the City of Tigard is granted authority to
Administration. administer, including: the Structural, Mechanical,
14.04.070 Occupancy Restriction Plumbing, Electrical and One and Two Family
Recordation. Dwelling Residential Specialty Codes; mobile or
14.04.090 Violation--Penalty-Remedies, manufactured dwelling parks requirements;
temporary parks requirements; manufactured
14:04.010 Title. dwelling installation, support and tiedown
requirements and park or camp requirements (as
This chapter shall be known as the listed in ORS 455.153);
building code ordinance and may also be referred
to as "this chapter," or the "building code." (Ord. b. Appendix Chapter J of
86-53 §2(ExhibitA§1), 1986). the International Building Code, as published by
the International Code Council, regarding
14.04.020 Definitions. Excavation and Grading, including the recognized
standards for Appendix Chapter J listed in
For the purpose of Sections 14.04.010 Chapter 35 of the 2003 International Building
through 14.04.090, the following terms shall Code;
mean:
C. Section 104.8 of the 2003
1. Building Official. 'Building International Building Code, as published by the
Official' means the designee or designees International Code Council, regarding Liability.
appointed by the Director of Community
Development who is responsible for building d. AN109.4.2 through
inspections and enforcement of the building code. AN109A.3 of the State of Oregon Residential
Specialty Code for alternate fire sprinkler
2. State Building Code. "State system requirements.
building code" means the combined specialty
codes as listed in Section 14.04.030. (Ord. 86-53
§2(Exhibit A §2),1986). 2. At least one copy of each of these
specialty codes shall be kept by the Building
14.04.030 State Codes Adopted. Official and the Tigard Public Library, and shall
be available for inspection upon request. (Ord.
14-04-1 SE//Code Update: 02102
TIGARD MUNICIPAL CODE
01-25, Ord. 99-04; Ord. 96-10; Ord. 93-04 §1, industrial plant electrical permits, no electrical
1993: Ord. 90-14 §1, 1990). work shall be performed unless a separate
electrical permit for each separate building or
14.04.040 Administration. structure has first been obtained from the Building
Official.
1. The City shall provide a program
of building code administration, including plan 2. Expiration of Permits - Permits
review, permit issuing and inspection for shall expire pursuant to OAR 918-309-0000 (7).
structural, electrical, mechanical and plumbing
work. The program shall be administered by the 3, Validity of Permit - The issuance
Building Official, under the supervision of the of a permit or approval of plans, specifications
Conununity Development Director. The program and computations shall not be construed to be a
shall operate pursuant to the state specialty codes permit for, or an approval of, any violation of any
listed in Section 14.04.030. and the remainder of of the provisions of this code or of other
this chapter. ordinances of the jurisdiction. Permits presuming
to give authority to violate or cancel the
2. Administration and enforcement provisions of this code or of other ordinances of
of Appendix Chapter J, Excavation and Grading, the jurisdiction shall not be valid.
as adopted by Section 14.04.030.1.b., shall be by
the Building Official and City Engineer. Where The issuance of a permit based upon
the term "Building Official" is used in Appendix plans, specifications, computations and other data
Chapter J, it shall mean either the Building shall not prevent the Building Official from
Official or City Engineer. thereafter requiring the correction of errors in said
plans, specifications, and other data or from
3. Fees for permits and other related preventing building operations being carried on
services pursuant to the building code thereunder when in violation of this code or of
administration program shall be established by other ordinances of this jurisdiction.
resolution of the City Council. (Ord. 99-08; Ord.
96-10; Ord. 95-16; Ord. 93-04 §2, 1993: Ord. 86- 4. Revocation of Pernvts - The
53 §2(Exhibit A §4), 1986). Building Official may, in writing, suspend or
revoke a permit issued under the provisions of this
14.04.050 Repealed By Ord. 96-10. chapter whenever the permit is issued in error or
on the basis of incorrect information supplied or
14.04.060 Repealed By Ord. 01-25. in violation of other ordinances or regulation of
the jurisdiction.
14.04.065 Electrical Program
Administration. 5. Plan Review Requirements -
Electrical plan reviews shall be required. Plan
1. Permit Required - Except as review requirements and procedures shall be as
permitted by OAR 918-261-0000 through 0036 - stipulated in OAR 918-311-0000 through 0060.
electrical work exempt from permit, Subsection
14.04.065.15 of this section for minor 6. Expiration of Plan Review -
installations, Subsection 14.04.065.16 of this Applications for which no peimit4s issued within
section for temporary electrical permits and 180 days following the date of application shall
Subsection 14.04.065.17 of this section for expire by limitation, and plans and other data
14-04-2 SE//Code Update. 02102
TIGARD MUNICIPAL CODE
submitted for review may thereafter be returned to percent of the permit fee paid when no work has
the applicant or destroyed by the Building been done under a permit issued in accordance
Official. The Building Official may extend the with this code.
time for action by the applicant for a period not
exceeding 180 days upon request by the applicant c. The Building Official
showing that circumstances beyond the control of may authorize refunding of not more than 80
the applicant have prevented action from being percent of the plan review fee paid when an
taken. No application shall be extended more application for a permit for which a plan review
than once. In order to renew action on an fee has been paid is withdrawn or canceled before
application after expiration, the applicant shall any plan review effort has been expended.
resubmit plans and pay a new plan review fee.
The Building Official shall not
7. Permit Fees - Fees for electrical authorize refunding of any fee paid except upon
permits shall be established by resolution of the written application filed by the original permittee
City Council. not later than 180 days after the date of fee
payment.
8. Investigation Fees: Work without
a Permit. 10. Right of Entry. When it is
necessary to make an inspection to enforce the
a. Investigation. Whenever provisions of this section or when the Building
any work for which a permit is required by this Official has reasonable cause to believe that there
code has been commenced without first obtaining exists in a building or upon a premises a condition
said permit, a special investigation shall. be made which is contrary to or in violation of this section
before a permit may be issued for such work. which makes the building or premises unsafe,
dangerous or hazardous, the Building Official
b. Fee. An investigation may enter the building or premises at reasonable
fee, in addition to the permit. fee, shall be tinges to inspect or to perform the duties imposed
collected whether or not a permit is then or by this section provided that if such building or
subsequently issued. The investigation fee shall premises be occupied that credentials be presented
be equal to the amount of the permit fee that to the occupant and entry requested. If such
would be required by this code if a permit were to building or premises be unoccupied, the Building
be issued. The payment of such investigation fee Official shalt first make a reasonable effort to
shall not exempt any person from compliance locate the owner or other person having charge or
with all other provisions of this code nor from any control of the building or premises and request
penalty prescribed by law. entry. If entry is refused, the Building Official
shall have recourse to the remedies provided by
9. Fee Refunds. law to secure entry.
a. The Building Official 11. Corrections and Stop Orders.
may authorize the refunding of any fee paid When any work is being done contrary to the
hereunder which was erroneously paid or provisions of this section, the Building Official
collected. may order the work corrected or stopped by notice
in writing served on any persons engaged in the
b. The Building Official doing or causing such work to be done, and such
may authorize refunding of not more that 80 persons shall forthwith make the necessary
14-04-3 SMICode Update: 02102
EXHIBIT B
1. Governing language that allows local jurisdictions to adopt these sections of the
Oregon Residential Specialty Code
AN109.4 Alternate fire sprinkler system requirements. The requirements of
this section are adopted by the State of Oregon for optional use in municipalities.
AN109.4.1 Local adoption. The provisions of AN109.4.2 or AN109.4.3 apply
only when specifically adopted by the local authority having jurisdiction.
2. Specific code sections that will be adopted
AN109.4.2 Group R-2 occupancies. Aa automatic sprinkler system shall be
installed throughout every apartment house regulated by this appendix chapter.
Exception: Automatic sprinkler systems are not required in apartment
house buildings that are not more than one story in height and do not
contain a basement or mezzanine. Such buildings shall not contain more
than 16 dwelling units.
AN109.4.2.1 Sprinkler heads. Residential or quick response automatic
sprinkler heads shall be used within the dwelling units.
AN109.4.3 Alteration or damage of existing non-sprinklered low-rise
residential dwellings. Where substantial alterations are made or substantial
damage occurs to an existing non-sprinklered building designed and
constructed under the provisions of this appendix, an approved automatic
sprinkler system complying with NFPA 13D shall be installed only in the
altered or damaged dwelling units. When more than 50 percent of the dwelling
units within a building are substantially altered or damaged, the entire building
shall be provided with a NFPA 13D sprinkler system.
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
APRIL 26, 2005 - 6:30 p.m.
13125 SW Hall Boulevard, Tigard, Oregon
• STUDY SESSION
> REVIEW AND DISCUSS COUNCIL GROUNDRULES
■ Interim City Manager Prosser
• EXECUTIVE SESSION: The Tigard City Council go into Executive Session to discuss labor negotiations and
pending litigation under ORS 192.660(2) (d) and (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(4), but must not disclose any information discussed. No Executive Session may
be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed
to the public.
> ADMINISTRATIVE ITEMS
a. Calendar Review
• May 2 Budget Committee Meeting - 6:30 p.m. - Library Community Room
• May 9 Budget Committee Meeting - 6:30 p.m. - Library Community Room
• May 10 Council Business Meeting - 6:30 p.m. - Town Hall
• May 16 Budget Committee Meeting - 6:30 p.m. - Library Community Room
• May 17 Council Workshop Meeting - 6:30 p.m. - Town Hall
• May 23 Budget Committee Meeting - 6:30 p.m. - Library Community Room
• May 24 Council Business Meeting - 6:30 p.m. - Town Hall
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 (2) (a) - Employment of public officers, employees and agents,
if the body has satisfied certain prerequisites.
192.660 (2) (b) - Dis cipline of public officers and employees (unless affected person requests to
have an open hearing).
192.660(2) (c) - To consider matters pertaining to medical staff of a public hospital.
192.660(2) (d) - Labor negotiations. (News media can be excluded in this instance.)
192.660 (2) (e) - Real property transaction negotiations.
192.660(2) (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(2) (g) - Trade negotiations - involving matters of trade or commerce in which the
governing body is competing with other governing bodies.
192.660(2) (h) - Legal counsel - for consultation with counsel concerning legal rights and duties
regarding current litigation or litigation likely to be filed.
192.660(2) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives
adopted by the governing body, the employment-related performance of the
chief executive officer, a public officer, employee or staff member unless the
affected person requests an open hearing. The standards, criteria and policy
directives to be used in evaluating chief executive officers shall be adopted by
the governing body in meetings open to the public in which there has been an
opportunity for public comment.
192.660 (2) (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 (2) (k) - Relates to health professional regulatory board.
192.660 (2) (1)- Relates to State Landscape Architect Board.
192.660 (2) (m)- Relates to the review and approval of programs relating to security.
iAadmkathytcounclhpink sheet • study session a0endas\2005\050308,doc
SILACy
AGENDA ITEM # 5 s5O 1
FOR AGENDA OF April 26, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE REVIEW OF COUNCIL GROUND RULES
PREPARED BY: Joanne Bengtson DEPT HEAD OK CITY MGR OK C~1
ISSUE BEFORE THE COUNCIL
Should the City Council adopt any changes to the Council Ground Rules?
STAFF RECOMMENDATION
Recommend review of the attached Council Ground Rules.
INFORMATION SUMMARY
During the study session portion of the September 28, 2004 Council meeting, Council gave direction for
modification to the Council Ground Rules based on a conversation prompted by an analysis prepared by Joanne
Bengtson of City Administration. A change was made to the visitor agenda portion of the Council meetings
with Resolution 04-83 (see attached).
According to current Ground Rules: "Council Ground Rules will be submitted for review by Council at the July
or August Workshop meeting. The Ground Rules can be reviewed and revised at any other time in the year
when a specific issue or issues are identified requiring action prior to the established review period."
With the election of November 2004 placing new members on Council, this is an opportunity to review the
Ground Rules with the new Councilors.
OTHER ALTERNATIVES CONSIDERED
Make no changes to the current Ground Rules.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
None
ATTACHMENT LIST
1. Resolution 04-83 & Exhibit A.
FISCAL NOTES
There is no financial impact created by this action.
i:tadmkity councilkouncil agenda item summaries\2004\ais for council groundrules 050426.doc3/27I05
CITY OF TIGARD, OREGON
RESOLUTION NO.04- 8
A RESOLUTION REVISING THE POLICY. OF THE CITY COUNCIL REGARDING COUNCIL
GROUNDRULES AND VISITOR'S AGENDA PROCESS (SUPERSEDING RF-SOLUT101 T No. 01-47)
WHEREAS, the Tigard City Council periodically reviews Council Groundrules; and
WHEREAS, the City Council, on September 28, 2004, directed that changes be made to "Exhibit A' of the
City Council Groundrules and Visitor's Agenda Process; and
WHEREAS, it is the desire of the City Council to make the changes discussed, which will 'supersede
Resolution No. 01-47.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City Council hereby revises the Council Groundrules Visitor's Agenda as described in
Exhibit "A" attached.
PASSED: This day of -112004
Mayor, ty of Tigard
1AA -
ar - City of Tigard
Jane McGarvin, Deputy City Recorder
i
i
i
I
RESOLUTION NO. 0433.
Page 1
i
EXHIBIT "A"
Resolution No. 04--53
CITY COUNCIL GROUNDRULES AND AGENDA PROCESS
The following information is intended to assist with preparation for and the conduct of
City Council meetings. The City Charter, Article IV, Section 13, contains regulations that
govern Council meetings. The Groundrules describe the process followed by Council in
scheduling and conducting meetings.
Council/Mayor Roles
• The Mayor, or in the absence of the Mayor, the Council President, shall be the
Presiding Officer at all meetings. The Presiding Officer shall conduct all meetings,
preserve order, enforce the rules of the Council and determine the order and length
of discussion on any matter before the Council, subject to these rules.. The
Presiding Officer may move, second, debate and vote and shall not be deprived of
any of the rights and privileges of a Councilor. The Presiding Officer shall sign all
ordinances, resolutions, contracts and other documents, except where authority to
sign certain contracts and other documents has been delegated to the City Manager
and all documents shall be attested to by the City Recorder. The Mayor shall
appoint the committees provided by the Rules of Council.
• In all other actions, decisions and other matters relating to the conduct of business
of the City, the Mayor or President shall have no more or less authority than any
other Council member. For the purposes of this written procedure any reference to
the Council (unless otherwise specifically noted to the contrary) will include the
Mayor, President and Council members.
Conduct of City Meetings
• Council will meet at least once a month. Regularly scheduled meetings shall be on
the second, third, and fourth Tuesdays of each month.
• The Council meetings on the second and fourth Tuesdays are "Business" meetings;
the Council meetings on the third Tuesday of the month are "Workshop" meetings
unless otherwise designated by the City Council.
• Unless specifically noted otherwise, the meetings of Council shall begin at 6:30 p.m.
at the established place of meeting. On the second and fourth Tuesdays the
meetings will begin with a Study Session following by the Business meeting. On the
third Tuesday, the Workshop meeting will begin at 6:30 p.m.
• Roll Call/Voting Order: The roll shall be called in alphabetical order by last name. At
each succeeding meeting at which a roll call vote is taken, the council person who
voted last during the previous meeting, shall vote first and the Council person who
1
voted first during the preceding meeting shall vote second and so on in a rotating
fashion. It is the intent that the voting order remain fixed for each meeting and that a
different Council person shall vote last during each separate meeting for the duration
of the meeting.
• Charter Section 19 provides that 'the concurrence of a majority of the members of
the Council present and voting, when a quorum of the Council is present, at a
Council meeting shall be necessary to decide any question before the Council.' A
Council member who abstains or passes shall be considered present for determining
whether a quorum exists, but shall not be counted as voting. Therefore, abstentions
and 'passes' shall not be counted in the total vote and only votes in favor of or
against a measure shall be counted in determining whether a measure receives a
majority.
• The Chair, or other members if the Chair fails to remember, shall call for a Point of
Order at or around 9:30 p.m. to review remaining items on the agenda with the
Council. The Council may reset or reschedule those items, which it feels may not be
reached prior to the regular time of adjournment.
• The Council's goal is to adjourn prior to 10 p. m. unless extended by majority
consent of all Council members then present. If not continued by majority consent,
then the meeting shall be adjourned to either the next scheduled meeting or the
meeting shall be continued to a special meeting on another date.
• Definitions - Meeting Types, Study Sessions and Executive Sessions:
> BUSINESS MEETINGS: Business meetings are regular meetings where
Council may deliberate toward a final decision on an agenda item
including consideration of ordinances, resolutions & conducting public
hearings. Business meetings are open to the public. The regularly
scheduled business meetings are televised.
Business meetings are generally scheduled to begin at 7:30 p.m. with a
study session preceding the Business Meeting at 6:30 p.m. Study
Sessions are a workshop-type of meeting (see definition below) which
also provide an opportunity for the Council to review the business
meeting agenda and to ask questions for clarification on issues or on
process. Study Sessions are open to the public.
All Council meetings are open to the public with the exception of
Executive Sessions. Executive Sessions can be called under certain
circumstances and topics are limited to those defined by ORS 192.660.
- The "Citizen Communication" portion of the agenda is a regular
feature on the Council Business meetings. This item will be
placed near the beginning of the Council Agenda to give citizens a
chance to introduce a topic to the City Council. Citizen
Communications are limited to two minutes in length and must be
directed to topics that are not on the Council Agenda for that
meeting.
2
At the conclusion of the Citizen Communication period, either the
Mayor, a Council member or staff member will comment what, if
any, follow-up action will be taken to respond to each issue. At
the beginning of Citizen Communication at the next business
meeting, staff will update the Council and community on the
review of the issue(s), the action taken to address the issue, and
a statement of what additional action is planned. Council may
decide to refer an issue to staff and/or schedule the topic for a
later Council meeting.
> WORKSHOP MEETING: Workshop meetings are regular meetings
where Council reviews and discusses agenda.topics with no intent of
deliberating toward a final decision during the meeting. Workshop
meetings are not currently scheduled to be televised but are open to the
public.
Workshop agenda items are generally topics which Council is receiving
preliminary information on and providing direction for further staff analysis
and information gathering for a later business meeting. Workshop topics
may also include discussions with standing boards and committees, as
well as other governmental units.
Appropriate topics for Workshop meetings include:
Introduce a Topic: Staff will bring up new items to determine
whether Council wants to entertain further discussion and whether
to schedule the topic as an item on a future agenda.
Educational Meetings: Council will review research information
presented by staff, consultants, or task forces - usually as a
process check; i.e., is the issue on the right "track"?
Meet with individuals from City boards and committees or other
jurisdictions to discuss items of common interest (examples:
other Councils, the School District, and other officials).
Administrative Updates: Items such as calendar information,
scheduling preferences, process checks.
> STUDY SESSIONS: Study Sessions precede or follow a Business
Meeting or Workshop Meeting. As stated above, they are conducted in a
Workshop-type setting to provide an opportunity for Council to review the
Business Meeting Agenda and to ask questions for clarification on issues
or on process. Information is also shared on items that are time
sensitive. During Study Sessions, any Council member may call for a
Point of Order whenever he or she wishes to stop the "discussion"
because he or she feels that it is more appropriate for the City Council to
discuss the matter during the Council meeting. If a Point of Order is
raised, the City Council will discuss the Point of Order and determine
whether the "discussion" should continue on or be held during the Council
meeting. The decision on whether to continue the "discussion" or not
shall be determined by the majority consensus of the Council members
present: If Council discusses a Council Agenda Topic in a Study Session
3
prior to that Council meeting, either the Presiding Officer or City Manager
will briefly state at the introduction of the Agenda Topic, the fact that
Council discussed the topic in the Study Session and mention the key
points of the discussion.
> EXECUTIVE SESSIONS: Meetings conducted by the Council, City
Manager, and appropriate staff for deliberation on certain matters in a
setting closed to the public. Executive Sessions may be held during a
regular, special or emergency meeting after the Presiding Officer has
identified the ORS authorization for holding the Executive Session.
Among the permitted topics are employment of a public officer,
deliberations with the persons designated by the Council to carry on labor
negotiations, deliberations with persons designated to negotiate real
property transactions, and to consult with legal counsel regarding current
litigation or litigation likely to be filed.
Policy Regarding Interrelationships Between the City Council and Its Appointed
Commissions, Boards or Committees (hereinafter referred to as "Boards")
• The Council shall follow the Procedure for Recruitment and Appointments to Boards
and Committees established in Resolution No. 95-60.
• Appointments to any committees not covered by Resolution No. 95-60 shall be made
following the procedure provided within the Resolution or Ordinance, which created
the committee.
• Appointments to intergovernmental committees shall be made by Council Action.
• Appointments of Council members to internal City committees as the Council Liaison
shall be made by the City Council.
• It is Council policy to make known to the public, by notice in the Cityscape, of the
occurrence of vacancies on City boards for the purpose of informing persons who
may be interested in appointment.
• Council will entertain regular representation by persons outside the City on those
boards, which provide for such non-city membership.
• The Mayor and one Council member will serve on the Mayor's Appointment Advisory
Committee for the purpose of interviewing and recommending potential board
.members. Council members will serve on this Committee with the Mayor on a
rotated basis for a term of six months. Terms shall begin January 1 and July 1.
Communications Between City Councilors, City Manager and Staff
• Councilors are encouraged to maintain open communications with the City Manager,
both as a group and individually in one-on-one sessions.
• Councilors are encouraged to direct inquiries through the City Manager, giving as
much information as possible to ensure a thorough response.
4
• In the absence of the City Manager, Councilors are encouraged to contact the
Assistant to the City Manager. In the absence of both the City Manager and the
Assistant to the City Manager, Councilors are encouraged to contact the Department
Head, realizing that the Department Head will discuss any such inquiries with the
City Manager.
• Contacts below the Department Head are discouraged due to the possible disruption
of work, confusion on priorities, and limited scope of response.
Council Agendas and Packet Information
• The City Manager will schedule agenda items while attempting to maintain balanced
agendas to allow for discussion of topics while meeting the established 10 p.m.
adjournment time.
• The City Manager will schedule items allowing time for staff research and the
agenda cycle deadlines.
• The agenda cycle calls for submittal of items 10 days in advance of a Council
meeting. Add-ons are to be minimized, as well as handouts distributed at the start
of meetings, except Executive Sessions.
• Councilors and staff will prepare in advance of public meetings and issues should be
presented fully in packets.
• Council is supportive of the role staff should play in offering professional
recommendations. Staff is aware of Council's right to make final decisions after
considering the staff recommendation, public input, the record and Council
deliberation on the matter.
Communications Among Councilors
• Councilors are encouraged to suggest agenda topics at the bench or to contact the
City Manager about scheduling an item into the Tentative Agenda.
• Add-on Agenda items should be brought up at the start of the meeting and generally
considered only if continuing to a later agenda is not appropriate.
• Requests for legislative action of Council may be initiated by an individual Council
member during a Council meeting. The City Manager will respond to the request
consistent with resources and priorities, or refer the question of scheduling to
Council as a whole.
Communications with Community/General Public
• Councilors and the General Public are reminded of the Agenda cycle and cut-off
dates. Administrative staff is available to explain how public issues are handled and
how citizen input may be accomplished.
5
• "Official" communication should come through City Hall and be provided by the City
Manager. Direct submittal or inquiries to the Council or individual Councilors should
be referred to the City Manager or Councilors may ask the City Manager to look into
an issue.
• Official "press releases" are encouraged, both to assure accurate reporting and to
advise Council and Staff of the official position communicated to the press. Press
releases are through the City Manager's Office.
General
• Councilors are always Councilors in the eyes of the Administration, never simply
private citizens. Thus, Councilors are always treated by Administration as Council
members.
• Information that "affects" the Council should go to Council. The City Manager is to
decide on "gray areas," but too much information is preferable to too little.
• Budget cuts or increases are policy decisions. Budgets will'not be cut "piece meal"
or "across the board," but rather should be made in service or program areas, giving
staff full opportunity to provide data clearly defining the anticipated impact of the
action.
• It is the policy of the Council that if Councilors are contacted regarding labor
relations during labor negotiations or conflict resolution proceedings, then Councilors
have no comment.
• Councilors and the City Manager agree to report and discuss any contact, which
might affect labor relations with the entire Council in Executive Session.
• The Council Groundrules will be submitted for review by Council each year either in
the July or August Workshop Meeting. The Groundrules can be reviewed and
revised at any other time in the year when a specific issue or issues are identified
requiring action prior to the established review period.
is\adm\calhy\council\councilrules.exa.revised 041026.doc10/19/04
6
4,p r t ",I , I 4"M!' x Agenda Item No. a
''t r •c~1Ufb"~
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Meeting of -A Drj (v. 00.5
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r• ':l': • R f1N.r3; PROCLAMATION
Be Kind to Animals Week '
J
G=~4ra•"tom J~
,h7lSiEE.: WHEREAS, Oregonians benefit tremendously from our animal friends, who give us
1 companionship and great pleasure in our daily lives; and
`try WHEREAS, we have a firm responsibility to protect these fellow creatures from need, pain, fear 1
and suffering; and
WHEREAS, we recognize that teaching attitudes of kindness, consideration and respect for all
living things through humane education in the schools and the community helps to provide the
basic values on which a humane and civilized society is built; and
WHEREAS, we are deeply indebted to the Oregon humane societies for over 100 years of
~C invaluable service in caring for homeless animals, instilling humane values in our children through
education programs, and promoting a true working spirit of kindness and consideration for animals
N.
in the hearts and minds of all people; and • ~iti
WHEREAS, we depend greatly upon our animal control agencies, veterinarians and other
organizations that provide humane care for animals; and
F WHEREAS, May 1 - 7, 2005 is set aside to observe nationally the philosophy of kindness to 1
•lj~ ' animals.
SAo€ „ NOW THEREFORE BE IT RESOLVED THAT I, Mayor Craig Dirksen of the City of Tigard, tip
Oregon, do hereby proclaim the week of May 1 - 7, 2005 as
Be Kind to Animals Week
as in Tigard, Oregon and urge our citizens businesses and organizations to join in this observance.
Dated this day of 2005.
w~
' IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of f
Tigard to be affixed. h
.LK
Craig Dirksen, Mayor
City of Tigard f
Attest:s
City Recorder
i
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s
AGENDA ITEM NO.3 - CITIZEN COMMUNICATION DATE : April 26, 2005
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues
not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager
prior to the start of the meeting. Thank you.
NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED
~w
9~Z2q
CITIZEN COMMUNICATION Page 1
Agenda Item No. 4o a .
Meeting of L~ • a to , 05
Transcription of 5th Tuesday notes by Stacy Yost
March 29, 2005 at the Tigard Water District Auditorium:
Council Present: Mayor Dirksen; Councilors Harding, Sherwood and Woodruff
Guests: State Senator Ginny Burdick, State Representative Larry Galizio
Sign in sheet:
Name Address Topic
Don & Carol Merrick 13376 SW Chelsea Loop
Sue Beilke 11755 SW 114th Protection of Nat. Resources
Diane Jelderks Citizen Input Process
Martha Bishop 10590 SW Cook Lane, Tigard
Bob Storer 7225 SW Ventura Dr, Tigard OR 97223 Construction Noise
Bev Storer 7225 SW Ventura Dr, Tigard OR 97223 /503-244-5941
Mark Padgett 12974 SW Princeton Lane Taxing inequity
Rumiana B. 7505 SW Landau, Tigard 97223 Construction Pollution
William Z. Iron 9700 Ventura Ct, Tigard 97223
Isador W. Morgavi 15145 SW 119th Ave 97224 Annexation Contract
Cleon Cox III 13580 SW Ash Ave 97223
John Frewing 7110 SW Lola Lane 97223 Carryover item Burke Property
Gayle Kauffman 7110 SW Lola Lane 97223
Bruce Wenrick 7801 SW Elmwood Street
Bruce Warner 8025 Elmwood St, Portland 97223
Alice Ellis Gaut 10947 SW Chateau Lane, 97224 Citizen Access to records @ Permit Ctr
Julie Russell 12662 SW Terraview School Funding & Annexation for
Senator Burdick, Single Majority Vote
Land Purchase
Welcome to Fifth Tuesday, March 29
Construction Noise
• How to reform hours allowed for construction noise
• How to influence code?
Other Construction concerns:
• Dirt/Dust/Mud
• Safety Issues
Taxing Inequities
• City vs. out-of-city residents & use of resources (Library, roads, etc.)
Property Concerns @ Burke Residence
Access to Records @ Permit Center (Processes)
Development projects on website not current
School Funding
Citizen Input Process
• E-mail to citizens announcements/Cityscape/Meeting notices
Protection of Natural Resources
Can City Buy Wetlands to Own & Protect?
Prepared oanne Bengtson
Executive Asst. to the City Manager
City Council Fifth Tuesday 3/29/05 Pagel
51h Tuesday notes by Councilor Sherwood 3/29105
• Construction Noise- Bev & Bob Store 7225 Ventura Drive, 7 days, lam to 9pm
weekends
Municipal
E-mail to City Engineer - maybe a code change for neighbors
Damage & safety issues with dirt and mud. Dust issues
• Tax inequity - City vs. Urban
• Burke Property - February 141h deadline missed, 2nd deadline - when will this
finally get done.
• Access to permits -
Where are the new rules coming from - why does staff have to sit with people
looking at plans.
Use Library for checking out plans on developments.
Fair access to public documents -15 minutes? Notify if they get changed - they get
updated sometimes daily.
What happened to website - they don't have anything online
Pre-apps - need to train staff. Need to figure how to post status change.
• School funding - SDC's for building
• Measure 5
• Citizen input process-
o Comp Plan, TSP is showing a road-
o Downtown plan only has
o Need Alternatives to Ash Ave.
o Let people have a choice - #1 or #2.
• Get e-mail addresses on water bill
• Is our right to ask for annexation a law - where do we get our authority?
• Council Goals -
Parks & Open Spaces
Citizen Input
Sue Bielke's papers - where are they in this?
Wants to comment on the new projects
Park & Rec Board didn't get a chance to have a say on this
Parcels not on Bull Mountain
Want to do a bond measure.
• Goal 5 - doesn't' like it. Need community input.
• What is Dan Plaza doing? Is he speaking for Council and not using Park & Rec
Board.
• Budget was brought a
• Where are parcels that Due Bielke's recommendation -
• Open Land - City initiated land for parks - conservation easements
• Read Goal 5
is\adm\cathy\c6i\2005\5th tuesday notes by councilor sherwood.doc4/12/05
F,
AGENDA ITEM # b
FOR AGENDA OF 4/26/05
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Receive and File the Annual Solid Waste Financial Report Findings
PREPARED BY: Dennis Koellermeier, x2596 DEPT HEAD !?tp *CITY MGR OK
ISSUE BEFORE THE COUNCIL
Tigard Municipal Code requires that the City Manager prepare a report to the Council on the solid waste franchise
financial reports and propose rate adjustments, if needed.
STAFF RECOMMENDATION
On review of the annual reports for calendar year 2004, a rate adjustment is necessary.
INFORMATION SUMMARY
The annual solid waste financial repots have been submitted by the franchised solid waste haulers in the City of
Tigard for calendar year 2004. The two haulers that hold franchises in the City are Pride Disposal and Miller's
Sanitary (Waste Management). An aggregate report summarizing the data is attached to this summary. The
aggregate rate of return for the haulers was calculated to be 7.95%. This rate falls below the range established by
the Council of 8% to 12%.
Staff will work with the haulers to prepare a rate adjustment and return to the Council for approval.
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
TO: Craig Prosser, Interim City Manager
FROM: Dennis Koellermeier, Public Works Director
RE: Solid Waste Financial Annual Report for 2004
DATE: April 12, 2005
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, 2004. 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 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 7.95%. The
Council's policy on allowable rate of return provides for rate adjustments if the
aggregate profit rate falls below 8% or is over 12%. Based on this policy and the
calculated return of 7.95% for the calendar year 2004, a rate adjustment is warranted.
Staff will work with the haulers and prepare a rate adjustment schedule, which we will
bring back to the Council for consideration.
I will also be preparing and submitting a Council agenda item for them to receive and
file this report for their business meeting on April 26, 2005.
cc: Tom Imdieke
Michelle Wareing
City of Tigard
Franchised Solid Waste Haulers Financial Reports
For Year ended December 31, 2004
(Aggregate Report)
Direct
Calendar. Labor
Year 2004 Hours Indirect Cost
Total Indirect Costs $1,127,026
Drop Boxes
Operating Revenue $2,133,275
Operating Costs $2,443,999 12,149 $309,650
Net Income ($310,724)
-14.57%
Can/Cart Services
Operating Revenue
Residential $2,723,384
Multi-Family $8,134
Commercial $110,618
Operating Costs $1,489,928 7,928 $200,330
Net Income $1,352,208
47.58%
Container Services
Operating Revenue
Residential $25,700
Multi-Family $632,114
Commercial $2,365,704
Operating Costs $1,993,123 7,601 $201,308
Net Income $1,030,395
34.08%
Reycling Services
Operating Revenue
Bin/Cart Recycling $69,026
Container Recycling $83,085
Operating Costs $1,225,411 12,748 $331,532
Net Income (1,073,300)
-705.60%
Yard Debris
Operating Revenue $6,786
Operating Costs $367,095 3,434 $84,205
Net Income ($360,309)
-5310%
Medical Waste
Operating Revenue $2,499
Operating Costs $0
Net Income $2,499
100%
Consolidated Net Income $640,768
Other Revenue 8,660
Other Costs 0
Grand Total Net Income $649,428
Total Revenues $8,168,985 43,860 $1,127,026
Profit Percentage 7.95%
AGENDA ITEM # 4 3
FOR AGENDA OF April 26, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Appoint Jim Bray and Rob Callan to the Tree Board
PREPARED BY: Matt Stine DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City Council appoint Jim Bray and Rob Callan to the Tree Board?
STAFF RECOMMENDATION
Appoint Jim Bray and Rob Callan to the Tree Board.
INFORMATION SUMMARY
The resolution before the City Council would appoint Jim Bray and Rob Callan as members of the Tree Board
beginning in May, 2005. Their terms will expire May 31, 2009,
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal: The City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our
community.
ATTACHMENT LIST
Resolution appointing Jim Bray and Rob Callan to the Tree Board.
FISCAL NOTES
There are no costs associated with this action.
AGENDA ITEM # J4
FOR AGENDA OF 4/26/05
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
IS TITLE Land and Water Conservation Grant Award
PREPARED BY: D. Roberts/D. Plaza DEPT HEAD OK 4ZCITYMGROK_V
ISSUE BEFORE THE COUNCIL
Should Council authorize the Mayor to sign an agreement accepting $42,415 in federal Land
and Water Conservation (LWCF) grant funds?
STAFF RECOMMENDATION
Authorize the Mayor to sign the agreement accepting the grant monies.
INFORMATION SUMMARY
The Land and Water Conservation Fund is a National Park Service program that passes
down federal dollars to the states for the acquisition, development, and rehabilitation of park
and recreation areas and facilities. In Oregon, the State Parks and Recreation Department is
responsible for the distribution of the federal monies to State agencies and local
governments. The program provides up to 50% funding assistance to park providers for
eligible activities.
Last year, Council authorized the submittal of a request for LWCF funds to partially
finance the construction to regional standards of a 1,362- foot segment of the Tualatin
River multi-modal trail. The segment in question extends across land owned by Clean
Water Services to connect Cook Park to the 250-foot Tualatin River pedestrian bridge,
tentatively scheduled for 2006 completion. The City was notified last year that this
project was selected for funding. The attached State/City project agreement arrived in
late March of this year. Clean Water Services earlier.provided at no charge an easement
for the trail route. The route meets all setback and other regulatory requirements relating
to the installation of a trail.
A copy of the agreement has been forwarded for legal review to Gary Firestone in the
City Attorney's office.
OTHER ALTERNATIVES CONSIDERED
None considered.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Park and Recreation Goal #1 calls for the pursuit of grant funding opportunities.
ATTACHMENT LIST
Attachment #1: A resolution authorizing the submittal to the Oregon Parks and Recreation
Department of a Land and Water Conservation Grant proposal to partially finance the
construction of a segment of the Tualatin River pedestrian trail.
Attachment #2: Tualatin River Trail Project.
Attachment #3: State-Local Agreement, Land and Water Conservation Fund.
FISCAL NOTES
The grant amount is $42,415. The project budget includes a local hard dollar
contribution of the same amount. These matching funds are included in the proposed
2005-06 Parks Capital Improvement Plan. The funding source is Park System
Development Charges.
i/citywide/sum/lwcf. tual. trail
Attachment 1
CITY OF TIGARD, OREGON
RESOLUTION NO. 03- (p
A RESOLUTION AUTHORIZING THE SUBMITTAL TO THE OREGON PARKS AND
RECREATION DEPARTMENT OF A LAND AND WATER CONSERVATION GRANT
PROPOSAL TO PARTIALLY FINANCE THE CONSTRUCTION OF A SEGMENT OF THE
TUALATIN RIVER PEDESTRIAN TRAIL
WHEREAS, the Oregon Parks and Recreation Department is accepting applications for the Land
and Water Conservation Grant Program; and
WHEREAS, the City of Tigard desires to participate in this grant program as a,means of providing
needed park and recreation improvements and enhancements; and
WHEREAS, the Tigard Comprehensive Plan and the Tigard Park System Master Plan both call
for the completion of a continuous trial following the Tualatin River as it passes through the City;
and
WHEREAS, the City Council has identified improvements to the Tualatin River Trail System as a
high priority need in the Ciiy of Tigard; and
WHEREAS, the construction of the Fanno Creek Trail segment between Cook Park and the
Durham Park Trail is defined in an application for federal Land and Water Conservation Fund
assistance;
WHEREAS, the City hereby certifies that the matching shares for these applications are readily
available at this time,
NOW, THEREFORE. BE IT RESOLVED by the Tigard City Council that:
Section 1: The City Manager is authorized to apply for a Land and Water Conservation Grant from
the Oregon Parks and Recreation Department for the installation of a segment of the Tualatin
River Trail as specified above.
EFFECTIVE DATE: This resolution is effective immediately upon passage.
PASSED: Thisday of -FOL. 2003.
ATTEST: and
K&7
City Recorder - City of Tigard
RESOLUTION NO.03-~
Page 1
r • s
D CITY ® GEOGRAPHIC INFORMATION SYSTEM
® Tualatin River
® Trail Project
Legend
® Q Catch Basins
Man Holes
Storm tines
Existing Trail
Durham Trail
Owned by the Owned by Clean Water
City of Tigard = ces. W ashdnglon CO Owned by the I Proposed Tualatin River
rd ,v
Clly of Durham Trell Segment
® I~ Future Tualatin River
Pedestrian Bridge
L , ProjaeI Boundary
. ' _
Cook Perk
Tigard City Umits
Tualatin City Unite
o 1, urham . yY . Durham City Umits
Proct Coordlnstar.,
r I 1 ' ,r
i Trail Se ment
! a
City of Tualatin I -
nCCI ro.•~on~V./ u1 I
fem.
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- - - _ _ 8 Tigard Area Map
- _
Future Tualatin River. N
Pedestrian Bridge a 100 200 300 40D Feet
\ t•• 300 toes
! n
l •lte ,,f I igani ?
Wormation on this map is for ganeral location only
should be veri5ed with the Development Services Di
13125 SW Hag Blvd n►
Tigard. OR 97223 N
(503) 879.4171
hapJAvww.ulgard.orms
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Attachment 3
STATE-LOCAL AGREEMENT
LAND AND WATER CONSERVATION FUND
This agreement, made and entered into this day of 2005 by and
between the STATE OF OREGON, by and through its Parks and Recreation Department,
hereinafter called "State," and City of Tigard, a Municipal Corporation of the State of Oregon,
by and through its City Council or designated representative, hereinafter called "Sponsor,"
WITNESSETH:
WHEREAS, Sponsor proposes to undertake the following outdoor recreation project Tualatin
River Trail, OP 2476, in Washington County, Oregon, hereinafter called the "project', and to
that end, proposes to perform work and/or acquire land as set out and described below:
Project Description/Scope of Work: Project includes construction of a ten-foot wide recreation
trail along the Tualatin River between Cook Park and the future Tualatin River pedestrian
bridge.
WHEREAS, federal matching funds for acquisition and development of outdoor recreation
areas are available under the Land and Water Conservation Fund Act of 1965, 78 Stat. 897
(1964), as administered by the Department of the Interior, and
WHEREAS, it is the intent of the parties hereto that Sponsor acquire land and/or perform the
development work, as set out above in accordance with the Land and Water Conservation
Fund Act of 1965, other applicable federal and state statutes, and the requirements of the
Department of the Interior, and that State apply to the Department of the Interior for funds with
which to reimburse the state for administration costs and to reimburse Sponsor for up to forty-
three percent (43%) of sponsor's costs in acquiring such land and/or performing such work.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is
agreed by and between the parties hereto as follows:
1. The State hereby approves the project proposal and authorizes Sponsor to acquire land
and/or perform the work of the project in accordance with the above description. As
hereinafter used, "work of the project" shall include both acquisition of land for and
development work of the project, and "cost of the project" shall include both costs of
acquisition of land for and development work of the project, if such is required.
2. The estimated total cost of the project is $97,530. Sponsor shall in the first instance;
pay all the costs of the project and then request reimbursement upon completion of the
project. State shall pay sponsor no more than $42,415.00 for reimbursement. In no
event shall the sum of the payment to Sponsor exceed forty-three percent (43%) of the
total actual cost of the project The Sponsor may submit partial payment requests for
work completed. Final payment will be made upon completion of the project. The State
may perform an audit of Sponsor's records pertaining to the project.
3. Upon completion of the project, Sponsor shall be responsible for the operation and
maintenance of said facility for public outdoor recreation in the manner and according to
the standards set forth in the Department of the Interior Manual.
4. It is understood by the parties hereto that no funds of State are, under this agreement,
except as covered by a separate agreement, committed to payment of any costs of the
project, and that obligations imposed upon State to apply for federal funds as well as the
right of Sponsor to receive any reimbursement for any costs of the project shall extend
only to those portions of the project, including the estimated costs thereof, approved by
the Department of the Interior. Furthermore, if Sponsor fails to perform any of the work
of the project and such failure, because of commitments made by State to the
Department of the Interior, forces State to perform any work necessary to bring the
project to a useful state of completion (as determined by State and the Department of
the Interior), Sponsor shall reimburse State for all State's costs in performing such
necessary completion work, less any federal funds received by State for such work.
5. Sponsor hereby agrees to comply at all times with the LAND AND WATER
CONSERVATION FUND PROJECT AGREEMENT (the Federal Project Agreement),
General Provisions attached hereto marked "Exhibit A" and by this reference made a
part hereof, in accordance with paragraph E of part I (Definitions) of Exhibit A. Sponsor
hereby undertakes separately to perform its obligations set forth in said Federal Project
Agreement. The benefit to be derived from the full compliance by the Sponsor with the
terms of this agreement is the preservation, protection, and the net increase in the
quantity and quality of public outdoor recreation facilities and resources which are
available to the people of the State and of the United States, and because such benefit
exceeds to an immeasurable and unascertainable extent the amount of money and
other assistance furnished under the terms of this agreement, the Sponsor agrees that
payment by the Sponsor to the State of an amount equal to the value of any assistance
extended under this agreement would be inadequate compensation to State for any
breach by the Sponsor of this agreement The Sponsor further agrees, therefore, that
the appropriate remedy for State in the event of a breach by the Sponsor of this
agreement shall be the specific performance of the agreement
6. Sponsor shall complete the work of the project by June 30, 2007.
7. Provisions of State law applicable to this agreement are hereby incorporated.
8. Sponsor shall execute this agreement through its regular and customary means, by its
City Council, or designated representative.
9. Sponsor shall comply with and are subject to the requirements of the Office of
Management and Budget Circular A-1 33, which implement the Single Audit Act of 1984
(P. L. 98-502). Title 49 CFR Part 90.
10. The Sponsor shall perform the work under this agreement as an independent contractor
and shall indemnify, defend and hold harmless the State of Oregon and Oregon Parks
and Recreation Department and its officers, employees, and agents from all claims,
suits, actions, loses, damages, liabilities, costs and expenses of any nature, resulting
from, arising out of or relating to the activities of the Sponsor or the Sponsors officers,
employees, sub-contractors, or agents under this agreement. The State shall be
-2-
L
responsible for the acts, omissions, or negligence of its own officers, employees or
agents, and only to the extent permitted by the Oregon Tort Claims Act ORS 30.260-
30.300, and the Oregon Constitution, Article XI, Section 7-
11. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE
STATE AND THE SPONSOR. NO WAIVER, CONSENT, MODIFICATION OR
CHANGE OF THE TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY
UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH A WAIVER,
CONSENT, MODIFICATION, OR CHANGE IF MADE SHALL BE EFFECTIVE ONLY IN
THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE
ARE NO UNDERSTANDINGS, AGREEMENTS OR REPRESENTATIVES, ORAL OR
WRITTEN, NOT SPECIFIED HEREIN REGARDING THE AGREEMENT. THE DELAY
OR FAILURE OF THE STATE TO ENFORCE ANY PROVISIONS OF THIS
AGREEMENT SHALL NOT CONSTITUTE A WAIVER BY THE STATE OF THAT
PROVISION OR ANY OTHER PROVISION. THE RECIPIENT, BY THE SIGNATURE
BELOW OR ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES
THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE
BOUND BY ITS TERMS AND CONDITIONS.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of
the day and year first above mentioned.
SPONSOR: City of Tigard STATE OF OREGON, by and through its
Parks and Recreation Department
Authorized Representative Signature
Authorized Representative of the Oregon
Parks and Recreation Department
Print Name and Title
Date
Recommended by
Mari ip ncott, Senior Grants
Project Coorroorator
-3-
City Council Document Transmittal
CITY OF TIGARD
-Du ct n e_ koUzA :to OREGON
To:
From:
Date:
I'm sending you:
Document Type: ❑ IGA ❑ Contract
Other.,--A q ~~erm --fir cy~
Document Name: 59~~~ -Loco a
Approved at the Council Meeting of: L-1 -a( os
Number Copies Included: a Lyy 13tE~2
fur document(s) have been signed by the Mayor
❑l YYour document(s) have been signed by the City Manager
I►~ Yo r document(s) requires an additional signature(s)
hen all signatures have been obtained, file an original document with
City of Tigard Records
❑ Additional instructions:
I:\HDM\FORMS\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC
c : Cuur~4l pc-~1~f ~l •a[~Ds
STATE-LOCAL AGREEMENT
LAND AND WATER CONSERVATION FUND
This agreement, made and entered into this day of 2005 by and
between the STATE OF OREGON, by and through its Parks and Recreation Department,
hereinafter called "State," and City of Tigard, a Municipal Corporation of the State of Oregon,
by and through its City Council or designated representative, hereinafter called "Sponsor;"
WITNESSETH:
WHEREAS, Sponsor proposes to undertake the following outdoor recreation project: Tualatin
River Trail, OP 2476, in Washington County, Oregon, hereinafter called the "project", and to
that end, proposes to perform work and/or acquire land as set out and described below:
Project Description/Scope of Work: Project includes construction of a ten-foot wide recreation
trail along the Tualatin River between Cook Park and the future Tualatin River pedestrian
bridge.
WHEREAS, federal matching funds for acquisition and development of outdoor recreation
areas are available under the Land and Water Conservation Fund Act of 1965, 78 Stat. 897
(1964), as administered by the Department of the Interior; and
WHEREAS, it is the intent of the parties hereto that Sponsor acquire land and/or perform the
development work, as set out above in accordance with the Land and Water Conservation
Fund Act of 1965, other applicable federal and state statutes, and the requirements of the
Department of the Interior; and that State apply to the Department of the Interior for funds with
which to reimburse the state for administration costs and to reimburse Sponsor for up to forty-
three percent (43%) of sponsor's costs in acquiring such land and/or performing such work.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is
agreed by and between the parties hereto as follows:
1. The State hereby approves the project proposal and authorizes Sponsor to acquire land
and/or perform the work of the project in accordance with the above description. As
hereinafter used, "work of the project" shall include both acquisition of land for and
development work of the project, and "cost of the project" shall include both costs of
acquisition of land for and development work of the project, if such is required.
2. The estimated total cost of the project is $97,530. Sponsor shall in the first instance;
pay all the costs of the project and then request reimbursement upon completion of the
project. State shall pay sponsor no more than $42,415.00 for reimbursement. In no
event shall the sum of the payment to Sponsor exceed forty-three percent (43%) of the
total actual cost of the project. The Sponsor may submit partial payment requests for
work completed. Final payment will be made upon completion of the project. The State
may perform an audit of Sponsor's records pertaining to the project.
3. Upon completion of the project, Sponsor shall be responsible for the operation and
maintenance of said facility for public outdoor recreation in the manner and according to
the standards set forth in the Department of the Interior Manual.
4. It is understood by the parties hereto that no funds of State are, under this agreement,
except as covered by a separate agreement, committed to payment of any costs of the
project, and that obligations imposed upon State to apply for federal funds as well as the
right of Sponsor to receive any reimbursement for any costs of the project shall extend
only to those portions of the project, including the estimated costs thereof, approved by
the Department of the Interior. Furthermore, if Sponsor fails to perform any of the work
of the project and such failure, because of commitments made by State to the
Department of the Interior, forces State to perform any work necessary to bring the
project to a useful state of completion (as determined by State and the Department of
the Interior), Sponsor shall reimburse State for all State's costs in performing such
necessary completion work, less any federal funds received by State for such work.
5. Sponsor hereby agrees to comply at all times with the LAND AND WATER
CONSERVATION FUND PROJECT AGREEMENT (the Federal Project Agreement),
General Provisions attached hereto marked "Exhibit A" and by this reference made a
part hereof, in accordance with paragraph E of part I (Definitions) of Exhibit A. Sponsor
hereby undertakes separately to perform its obligations set forth in said Federal Project
Agreement. The benefit to be derived from the full compliance by the Sponsor with the
terms of this agreement is the preservation, protection, and the net increase in the
quantity and quality of public outdoor recreation facilities and resources which are
available to the people of the State and of the United States, and because such benefit
exceeds to an immeasurable and unascertainable extent the amount of money and
other assistance furnished under the terms of this agreement, the Sponsor agrees that
payment by the Sponsor to the State of an amount equal to the value of any assistance
extended under this agreement would be inadequate compensation to State for any
breach by the Sponsor of this agreement. The Sponsor further agrees, therefore, that
the appropriate remedy for State in the event of a breach by the Sponsor of this
agreement shall be the specific performance of the agreement.
6. Sponsor shall complete the work of the project by June 30, 2007.
7. Provisions of State law applicable to this agreement are hereby incorporated.
8. Sponsor shall execute this agreement through its regular and customary means, by its
City Council, or designated representative.
9. Sponsor shall comply with and are subject to the requirements of the Office of
Management and Budget Circular A-133, which implement the Single Audit Act of 1984
(P.L. 98-502). Title 49 CFR Part 90.
10. The Sponsor shall perform the work under this agreement as an independent contractor
and shall indemnify, defend and hold harmless the State of Oregon and Oregon Parks
and Recreation Department and its officers, employees, and agents from all claims,
suits, actions, loses, damages, liabilities, costs and expenses of any nature, resulting
from, arising out of or relating to the activities of the Sponsor or the Sponsors officers,
employees, sub-contractors, or agents under this agreement. The State shall be
-2-
responsible for the acts, omissions, or negligence of its own officers, employees or
agents, and only to the extent permitted by the Oregon Tort Claims Act ORS 30.260-
30.300, and the Oregon Constitution, Article XI, Section 7.
11. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE
STATE AND THE SPONSOR. NO WAIVER, CONSENT, MODIFICATION OR
CHANGE OF THE TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY
UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH A WAIVER,
CONSENT, MODIFICATION, OR CHANGE IF MADE SHALL BE EFFECTIVE ONLY IN
THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE
ARE NO UNDERSTANDINGS, AGREEMENTS OR REPRESENTATIVES, ORAL OR
WRITTEN, NOT SPECIFIED HEREIN REGARDING THE AGREEMENT. THE DELAY
OR FAILURE OF THE STATE TO ENFORCE ANY PROVISIONS OF THIS
AGREEMENT SHALL NOT CONSTITUTE A WAIVER BY THE STATE OF THAT
PROVISION OR ANY OTHER PROVISION. THE RECIPIENT, BY THE SIGNATURE
BELOW OR ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES
THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE
BOUND BY IT'S TERMS AND CONDITIONS.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of
the day and year first above mentioned.
SPONSOR: City of Tigard STATE OF OREGON, by and through its
Parks and Recreation Department
Autho ized Representative Signature
Authorized Representative of the Oregon
~r'G 1~,r kS•U /Y1,~2 Parks and Recreation Department
Print Name and Title
/-t r Q6 005
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AGENDA ITEM # 5
FOR AGENDA OF 4/26/05
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Authorize Mayor to approve West Nile Virus Intergovernmental Agreement with
Washington County
PREPARED BY: Eric Hand/Carla Staedter DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Council authorize the Mayor to approve a West Nile Virus Intergovernmental Agreement with
Washington County?
STAFF RECOMMENDATION
Staff recommends approval of the West Nile Virus Intergovernmental Agreement between the City of Tigard &
Washington County.
INFORMATION SUMMARY
West Nile Virus (WNV) is expected to be found in Washington County in 2005.
The Washington County Department of Health and Human Services and the City of Tigard have been working
together since 2003 to develop a West Nile Virus Response Plan consisting of education, testing, and treatment.
The primary method of treatment will be in the form of larvacide and will be performed on public facilities only.
The spraying of adult mosquitoes will be performed only as a "Last Resort" and must be authorized by Washington
County Health Official.
Mosquitoes (Culex pipiens), a dirty water mosquito that can transmit the virus, have been found in sumped catch
basins throughout the county. The level of larvacide treatment of catch basins needs to be much higher than in
2004. Tigard maintains approximately 1,600 sumped catch basins that will require treatment by the middle of June
2005.
At this time, the City of Tigard and Washington County have prepared an intergovernmental agreement specifically
outlining each agency's cooperative role in WNV monitoring and prevention efforts. The agreement will be in
effect until December 31, 2005, and will be automatically renewed through December 31, 2006 unless amended.
City of Tigard Responsibilities under the West Nile IGA
1. Distribution of public education materials provided by the County and Clean Water Services.
2. Reporting of local mosquito complaints to the County.
3. Coordination with the County entomologist to design/develop and conduct a water sampling regime of
catch basins, storm water facilities, and natural wetlands within the City jurisdiction and monitor those
facilities throughout the mosquito season (March through October).
4. Delivery of water/larva samples to the County entomologist for processing and tracking.
5. Active educate of neighborhood associations, community participation organizations, and other citizen
groups, and encourage private property source reduction efforts and other personal behaviors that will
reduce exposure risk.
6. Maintenance of catch basins and storm water facilities to limit the presence of standing water and decaying
organic debris (particularly cattails and grass clippings).
7. Treatment of all publicly owned sumped catch basins with larvicide between May 1, 2005 and June 30,
2005; and provision of weekly reports of work completed (including GPS coordinates of all treated catch
basins. Note: Larvacide will be provided by the County for each of the City's 1600 catch basins.
8. Installation of habitat features, as appropriate, to promote amphibian, bird, and predatory insect (dragonfly)
populations that feed on mosquito larva.
Note: County responsibilities are outlined in detail in Attachment A to the IGA.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
No
ATTACHMENT LIST
2005 COT-WA City WNV IGA : This is the general INTERGOVERNMENTAL AGREEMENT between
Washington County and the City of Tigard.
2005 WNV IGA Attachment A: This is an attachment to the above file that specifically calls out tasks to be
completed by each agency.
FISCAL NOTES
The City will be saving an estimated $6000 by approving this intergovernmental agreement. This savings will
result from Washington County providing all larvacide for treatment of an estimated 1,600 sumped catch basins
in Tigard.
The City currently has the necessary personnel, tools, and equipment needed to perform this work and the
program costs are expected to be minimal. Tasks associated with this intergovernmental agreement will be
carried out by existing City staff.
INTERGOVERNMENTAL AGREEMENT
This Agreement is entered into, by and between Washington County, a political subdivision of the State of
Oregon, and the City of Tigard.
WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or
all functions and activities that a party to the Agreement has authority to perform.
Now, therefore, the parties agree as follows:
1) The effective date is: 03/15/05, or upon final signature, whichever is later.
The expiration date is: 12/31/05 which shall be automatically renewed until 12/31/06; unless
otherwise amended.
2) The parties agree to the terms and conditions set forth in Attachment A, which is incorporated
herein, and describes the responsibilities of the parties, including compensation, if any.
3) Each party shall comply with all applicable federal, state and local laws; and rules and regulations on
non-discrimination in employment because of race, color, ancestry, national origin, religion, sex,
marital status, age, medical condition or handicap.
4) To the extent applicable, the provisions of ORS 279C.500 through ORS 279C.870 are incorporated
by this reference as though fully set forth.
5) Each party is an independent contractor with regard to each other party(s) and agrees that the
performing party has no control over the work and the manner in which it is performed. No party is
an agent or employee of any other.
6) No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar
benefits provided by any other party.
7) This Agreement may be terminated, with or without cause and at any time, by a party by providing
(30 if not otherwise marked) days written notice of intent to the other party(s).
8) Modifications to this Agreement are valid only if made in writing and signed by all parties.
9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS
30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and
indemnify each other, including its officers, agents, and employees, against all claims, demands,
actions and suits (including all attorney fees and costs) arising from the indemnitor's performance
of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that
party.
10) Each party shall give the other immediate written notice of any action or suit filed or any claim
made against that party that may result in litigation in any way related to this Agreement.
PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENT cnncoNTRACTFRM\MASTencov1eswowzoNSVCn-a-9-98
11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282,
for the duration of this Agreement at levels necessary to protect against public body liability as
specified in ORS 30.270.
12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and
regulations that are applicable to the services provided under this Agreement.
13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article
XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated
therefor.
14) This writing is intended both as the final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement.
WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly
authorized signatures below.
Jurisdiction
Signature Date
Printed Name Title
Address:
WASHINGTON COUNTY:
Signature Date
Printed Name Title
Address:
Mail Stop #
Hillsboro, OR
PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT GKCONTRAcrFWWASTERCOFI6S\HOwzONSVGA.11-9.98
ATTACHMENT A
Statement of Work /Schedule/Payment Terms
County's Responsibilities:
1. The County shall coordinate efforts to meet the goals of the State Health Service's West
Nile Virus (WNV) response plan.
2. The County shall coordinate public education related to matters of public health and
human behavior throughout Washington County.
3. The County shall work with state and local health, veterinarian, agricultural, and wildlife
organizations to survey and track human, equine, and avian cases of WNV. The County
shall alert those subject to this Intergovernmental Agreement of confirmed cases.
4. The County shall employ an entomologist to design/develop sampling program, train City
staff on sampling process, process mosquito larva, and collect and process adult samples.
5. The County shall provide larvicide product to the City to treat publicly owned sumped
catch basins under city control.
6. The County will keep a database of all treated sumped catch basin sites based on
reporting provided by cities.
7. The County shall develop a complaint log, train appropriate staff and partners, maintain a
database mapping complaints and surveillance findings.
CITY RESPONSIBILITIES
1. The City shall utilize and distribute public education materials provided by the County and
Clean Water Services, in order to maintain a consistent regional communication strategy.
2. The City shall report mosquito complaints to the County.
3. The City shall work with the County entomologist to design/develop and conduct a regional
water sampling regime that will include representative catch basins, storm water facilities,
and natural wetlands throughout areas within their boundaries throughout the mosquito
season (March through October).
4. The City shall deliver water/larva samples to the County entomologist for processing and
tracking.
5. The City shall actively educate neighborhood associations, community participation
organizations, and other citizen groups, and encourage private property source reduction
efforts and other personal behaviors that will reduce risk of exposure.
6. The City shall maintain catch basins and storm water facilities to limit the presence of
standing water and decaying organic debris (particularly dead cattails and grass clippings)..
7. The City shall treat all publicly owned sumped catch basins with larvicide between May 1,
2005 and June 30, 2005. The City will provide the County with weekly reports of work
completed. The weekly report will include the GPS coordinates of all treated lumped catch
basins.
8. The City shall install habitat features as appropriate to promote amphibian, bird, and
predatory insect (dragonfly) populations that feed on mosquito larva.
PAGE 1 - ATTACHMENT A 1:\PW\Wat Nile - Skaters\WNV 2005\2005 WNV IGA Attochment.doe
M ATTACHMENT A
Statement of Work /Schedule/Payment Terms
9. The City will implement other mosquito control tasks based on public health risk as
determined by the County.
Unless otherwise specified herein, the parties agree that there will be no monetary compensation
paid to the other, that each shall bear their own costs and that reasonable and beneficial
consideration exists to support this agreement.
PAGE 2 - ATTACHMENT A I:\%NWcst Nile - Skcctas\WNV 2005\2005 WNV IGA Atlachmeut.dw
City Council Document Transmittal
CITY OF TIGARD
To: F--4-i C- t4(X ,C~ CC~Uf" I GL ST~Q -e~'~~4J\ OREGON
From:
Date.: o
I'm sending you:
Document Type: IGA ❑ Contract
❑ Other
Document Name: 1, (cuk Ca. I 1 Rlwd
\4 QS rj~~P--
Approved at the Council Meeting of:
Number Copies Included: y f 1 C) nax0z/-)
Your document(s) have been signed by the Mayor
❑ Your document(s) have been signed by the City Manager
Your document(s) requires an additional signature(s)
When all signatures have been obtained, file an original document with
City of Tigard Records 0resirkf *uA
❑ Additional instructions:
I:%DM\FORMS\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC
a l aG C0U11A C; L (I A C (C.t-~Z
Co r',"- - ve-cords (4,U
INTERGOVERNMENTAL AGREEMENT
This Agreement is entered into, by and between Washington County, a political subdivision of the State of
Oregon, and the City of Tigard.
WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or
all functions and activities that a party to the Agreement has authority to perform.
Now, therefore, the parties agree as follows:
1) The effective date is: 03/15/05, or upon final signature, whichever is later.
The expiration date is: 12/31/05 which shall be automatically renewed until 12/31/06; unless
otherwise amended.
2) The parties agree to the terms and conditions set forth in Attachment A, which is incorporated
herein, and describes the responsibilities of the parties, including compensation, if any.
3) Each party shall comply with all applicable federal, state and local laws; and rules and regulations on
non-discrimination in employment because of race, color, ancestry, national origin, religion, sex,
marital status, age, medical condition or handicap.
4) To the extent applicable, the provisions of ORS 279C.500 through ORS 279C.870 are incorporated
by this reference as though fully set forth.
5) Each party is an independent contractor with regard to each other party(s) and agrees that the
performing party has no control over the work and the manner in which it is performed. No party is
an agent or employee of any other.
6) No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar
benefits provided by any other party.
7) This Agreement may be terminated, with or without cause and at any time, by a party by providing
(30 if not otherwise marked) days written notice of intent to the other party(s).
8) Modifications to this Agreement are valid only if made in writing and signed by all parties.
9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS
30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and
indemnify each other, including its officers, agents, and employees, against all claims, demands,
actions and suits (including all attorney fees and costs) arising from the indemnitor's performance
of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that
party-
10)- Each party shall give the other immediate written notice of any action or suit filed or any claim
made against that party that may result in litigation in any way related to this Agreement.
PAGE I OF 2 - INTERGOVERNMENTAL AGREEMENT cWONTPL,CTFR W'FER0DPWS R=NS1GA-11.91,,
11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282,
for the duration of this Agreement at levels necessary to protect against public body liability as
specified in ORS 30.270.
12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and
regulations that are applicable to the services provided under this Agreement.
13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article
XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated
therefor.
14) This writing is intended both as the final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terns of the
Agreement.
WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly
authorized signatures below.
Cz DT--
Jurisdiction
r ~f. ac~o5
SiOraict gna e Date
E. DL2KSEr4 --Y) AVQC
Printed Name Title
Address: BQ5 5k-/,1 H A u- -Bt-VD.. 117& A2 d) DR.
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WASHINGTON COUNTY:
Signature Date
Printed Name Title
Address:
Mail Stop #
Hillsboro, OR
PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT cM mmitAcrmRMAsmcoPmswmwNSUCn -Ave
ATTACHMENT A
Statement of Wbrk /Schedule/Poment Terms
County's Responsibilities:
1. The County shall coordinate efforts to meet the goals of the State Health Service's West
Nile Virus (WNV) response plan.
2. The County shall coordinate public education related to matters of public health and
human behavior throughout Washington County.
3. The County shall work with state and local health, veterinarian, agricultural, and wildlife
organizations to survey and track human, equine, and avian cases of WNV. The County
shall alert those subject to this Intergovernmental Agreement of confirmed cases.
4. The County shall employ an entomologist to design/develop sampling program, train City
staff on sampling process, process mosquito larva, and collect and process adult samples.
5. The County shall provide larvicide product to the City to treat publicly owned sumped
catch basins under city control.
6. The County will keep a database of all treated sumped catch basin sites based on
reporting provided by cities.
7. The County shall develop a complaint log, train appropriate staff and partners, maintain a
database mapping complaints and surveillance findings.
CITY RESPONSIBILITIES
1. The City shall utilize and distribute public education in provided by the County and
Clean Water Services, in order to maintain a consistent regional communication strategy.
2. The City shall report mosquito complaints to the County.
3. The City shall work with the County entomologist to design/develop and conduct a regional
water sampling regime that will include representative catch basins, storm water facilities,
and natural wetlands throughout areas within their boundaries throughout the mosquito
season (March through October).
4. The City shall deliver water/larva samples to the County entomologist for processing and
tracking.
5. The City shall actively educate neighborhood associations, community participation
organizations, and other citizen groups, and encourage private property source reduction
efforts and other personal behaviors that will reduce risk of exposure.
6. The City shall maintain catch basins and storm water facilities to limit the presence of
standing water and decaying organic debris (particularly dead cattails and grass clippings)..
7. The City shall treat all publicly owned sumped catch basins with larvicide between May 1,
2005 and June 30, 2005. The City will provide the County with weekly reports of work
completed. The weekly report will include the GPS coordinates of all treated sumped catch
basins.
8. The City shall install habitat features as appropriate to promote amphibian, bird, and
predatory insect (dragonfly) populations that feed on mosquito larva.
PAGE 1 - ATTACHMENT A 1APVAWea Ntlc. Skaaas\\WNV 2005\2005 WNV IGA AuKhmm1
ATTACHMENT A
Statement of Work /Schedule/Payment Terms
9. The City will implement other mosquito control tasks based on public health risk as
determined by the County.
Unless otherwise specified herein, the parties agree that there will be no monetary compensation
paid to the other, that each shall bear their own costs and that reasonable and beneficial
consideration exists to support this agreement.
PAGE 2 - ATTACHMENT A 1AMW.Owk.Sk~e,,W,,,,,: WNVIGAAnd-.,.~
AGENDA ITEM # ~I , LP a.,
FOR AGENDA OF April 26, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Award of Contract for the Construction of McDonald Street Improvements
PREPARED BY: Vannie Ng t e EPT HEAD OK: Agustin P. Duenas CITY MGR OK: Craig r sser
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board approve the contract award for the construction of McDonald Street
Improvements?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board, by motion, approve the contract award to DA General
Contractors in the amount of $96,102.50.
INFORMATION SUMMARY
This project adds capacity and improves traffic flow on McDonald Street at the intersection with Highway
99W. It widens McDonald Street for approximately 300 feet on the north side of the street to provide a separate
right-turn lane into the highway. It also re-stripes the street to lengthen the left-turn stacking capacity.
Installation of curbs and sidewalks on both sides of the street will also be included. Existing ditches will be
backfilled and power poles will be relocated to accommodate the widening. The street cross section after the
improvements will have a dedicated left-turn lane, two through lanes and a right-turn lane. The westbound
right-turn lane and the eastbound through lane will be shared between motorists and bicyclists due to limited
right-of-way and wider lane widths required at the intersection.
An ODOT (Oregon Department of Transportation) permit has been obtained for the proposed work since the
street is located adjacent to a State highway. Additional rights-of-way are being acquired for the installation of
sidewalk and wheelchair ramp. A neighborhood meeting was conducted on March 30, 2005 to inform business
and property owners of the project schedule and construction activities that may affect their access during
construction.
This project was advertised for bids on March 24, 2005 in the Daily Journal of Commerce and Tigard Times. Two
project addenda were issued for the project. The first one was for the delay of the bid opening. The second one was
for revision of the design to include additional sidewalk in the project. The bid opening was conducted on April 11,
2005 at 2:00 PM and the bid results are:
DA General Contractors Vancouver, WA $96,102.50
All Concrete Specialties Vancouver, WA $111,263.53
Kodiak Benge Construction Tualatin, OR $113,401.36
Eagle-Elsner Tigard, OR $121,360.00
Kerr Contractors Woodburn, OR $124,976.55
Paul Lambson Battleground, WA $125,076.25
PCR Inc. Beavercreek, OR $128,824.40
Civil Works NW Vancouver, WA $129,879.65
S-2 Contractors Aurora, OR $175,485.45
Engineer's Estimate $131,000
The lowest bid submitted by Parker Northwest Paving is in the amount of $85,990.20. However, the bid did not
include bid items that were issued in Addendum No. 2. The addendum called for an additional 854 square feet of
sidewalk to be installed on the north side of the street.
The bid documents require that in order for a bid to be considered responsive, bidders have to acknowledge receipt
of all project addenda. While Parker Northwest Paving received both Addendum No.'s 1 and 2, it did not include
the additional bid items transmitted in Addendum No. 2 to make its total bid amount complete. Hence, the bid
proposal of Parker Northwest Paving is incomplete, is not responsive, and does not meet the requirement for
contract award.
Staff therefore recommends the contract be awarded to DA General Contractors at the bid amount of $96,102.50.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Completion of the project to expand the traffic carrying capacity on McDonald Street at Highway 99W meets the
Tigard Beyond Tomorrow Transportation and Traffic Goals of "Improve Traffic Flow: and "Improve Traffic
Safety."
ATTACHMENT LIST
Project location map
FISCAL NOTES
This project is funded in the FY 2004-05 CIP under the Traffic Impact Fee Fund in the amount of $180,000.
This amount is sufficient to award the contract of $96,102.50 to DA General Contractors.
Oergt2000.2005 ty dpWcdonald stet hwy 99 Mddty coundM-28.05 mcdonald contract award ats.doc
MCDONALD STREET IMPROVEMENTS
650 FEET EAST OF HIGHWAY 99W
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AGENDA ITEM # 44 - (OR
FOR AGENDA OF April 26, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Award of Contract for the Construction of the FY 2004-05 Pavement Major
Maintenance Program MMP - Phase 2 A 9%
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PREPARED BY: Vannie NQu} en DEPT HEAD OK: Agustin P. Duenas CITY MGR OK: Craig Prosser
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board approve the contract award for construction of the FY 2004-05 Pavement
Major Maintenance Program (PMMP) - Phase 2?
STAFF RECOMMENDATION
Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Morse Bros,
Inc. in the amount of $322,861.55.
INFORMATION SUMMARY
The PMMP is a yearly program of corrective and preventative maintenance on all streets in Tigard. The
program helps to extend the life of the pavement structure, delay the need for more extensive and costly
rehabilitation and improve other desirable characteristics, such as safety and smoothness. The FY 2004-05
PMMP is divided into three phases: Phase 1 completed the paving on nine streets at various locations in the
City during the summer of 2004; Phase 3 includes Walnut and Fern streets, which will be incorporated into the
construction of Walnut Street Improvements between 135`h and 1215` Avenue; Phase 2 covers paving work on
the following streets:
- 72nd Avenue (Fir Loop to Hunziker Street)
- 72nd Avenue (Hunziker Street to Highway 217 Overcrossing)
- 121" Avenue (Ann Street to Springwood Drive)
- Commercial Street (at Main Street)
Also included in the project is the paving of a section of Fanno Creek Trail between Tigard and Tiedeman
Avenue which is under water for part of the year. This project will raise the existing pavement elevation by
paving the trail with three inches of asphaltic concrete to eliminate the standing water problem.
72"d Avenue between Hunziker Street and the Highway 217 Overcrossing is part of the State highway system
under the jurisdiction of ODOT (Oregon Department of Transportation). This segment of the roadway is in poor
condition and is past due for repairs. ODOT has agreed to reimburse the City $46,015.05 for the construction
cost of this portion of the street plus 15% of the construction cost covering engineering design for a total of
$52,917.31. Upon completion of the construction, the City will be responsible for all maintenance costs for 72nd
Avenue including the portion on ODOT right-of-way.
This project was advertised forbids on March 24, 2005 in the Daily Journal of Commerce and Tigard Times. Two
project addenda were issued for the project. The first one was for the delay of the bid opening. The second one was
to address additional traffic control and noise control requirements. The bid opening was conducted on April 11,
2005 at 2:15 PM and the bid results are:
Morse Bros Sherwood, OR $322,861.55
Eagle-Elsner Tigard, OR $335,406.50
Brix Paving Tualatin, OR $335,985.45
Kodiak Benge Construction Tualatin, OR $351,558.95
KF Jacobson & Co. Portland, OR $382,656.70
S-2 Contractors Aurora, OR $384,420.40
Baker Rock Resources Beaverton, OR $469,580.69
Engineer's Estimate $452,000
Based on the bids submitted, the lowest responsive bid of $322,861.55 submitted by Morse Brothers, Inc. appears
to be reasonable. Staff recommends approval of the contract award to this qualified lowest bidder.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Project location map
FISCAL NOTES
This project is funded in the amount of $695,200 in the FY 2004-05 CIP Street Maintenance Fee Fund for 72nd
Avenue, 1215` Street and Commercial Street. Work performed for Fanno Creek trail is funded in the amount of
$10,000 in the Parks Capital Fund for a total of $705,200 between the two funds.
$204,000 has been expended on the PMMP Phase 1 project. The remaining amount of $501,200 plus
$52,917.31 to be reimbursed by ODOT for a total of $554,117.31 is sufficient to award the contract of
$322,861.55 to Morse Brothers, Inc.
I:Ienp\2004-2005 fy dp\pmmp-2004\phase2\dty coundn4.26-05 pmmp phase 2 comract ward als.doc
FY 2004-05 PAVEMENT MAJOR MAINTENANCE PROGRAM - PHASE 2
ASPHALTIC CONCRET OVERLAY
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AGENDA ITEM # ID C
FOR AGENDA OF April 26, 2005
CITY OF TIGARD, OREGON
LOCAL CONTRACT REVIEW BOARD AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Request LCRB Approve Purchase of Replacement Patrol Fleet Mobile Data Computer
Security Software and Hardware
PREPARED BY: Brenda Abbott DEPT HEAD OK CITY MGR OK lJ~
ISSUE BEFORE THE COUNCIL
Should the City Council approve the purchase of 31 required software licenses for installation onto the City's patrol
vehicle replacement mobile data computers (MDCs)?
STAFF RECOMMENDATION
Staff recommends Council approve the purchase of required security software licenses for the replacement MDCs.
INFORMATION SUMMARY
Request for approval to purchase security software licenses for replacement mobile data computers:
On October 26, 2004 Council approved the purchase of 31 replacement mobile data computers.
As a result of the War on Terror, police agencies are facing new U.S. Department of Justice requirements to protect
communications. Tigard Police patrol cars are currently equipped with outdated mobile data computers (MDCs),
which are incapable of running the industry standard operating systems required to run the authentication and
encryption software necessary for compliance. As of September 30, 2005, transmissions from devices not running
with encryption and authentication will not be accepted by the Oregon Law Enforcement Data Systems (ZEDS),
the agency which provides Tigard PD with access to mission critical data such as wants and warrants, vehicle
registrations, etc. Without access to this data, officer and citizen safety is seriously impacted.
At the time the City of Tigard 2004-2005 budget was prepared, PD staff had not received from Washington County
Communication Agency (WCCCA) the costs for the software necessary to bring the City's MDCs into compliance
with the new Federal security requirements for radio-based LEDS data transmissions. This pricing information has
now been provided and the City is ready to proceed with the purchase (Attachment A). This security software will
be installed on the recently ordered replacement MDCs as both the hardware and software are required to become
compliant by the Federal government's September 30, 2005 deadline.
Page 1 of 2
OTHER ALTERNATIVES CONSIDERED
Do not approve the staff recommendation to purchase the security software and hardware and direct staff to
explore alternatives for LEDS access from the City's patrol car vehicles, alternatives outside of the
MDC/WCCCA infrastructure.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not applicable.
ATTACHMENT LIST
Attachment A: City of Tigard Purchase Requisition for PSSI/PADCOM Mobile Software Client.
FISCAL NOTES
The expenses associated with this Agenda Item are $26,350.00 for software to be purchased from the Washington
County Consolidated Communications Agency, and $39,711 for 31 law enforcement Motorola modems, for a total
of $66,061.00.
Budget Amendment #13 supports this request.
Page 2 of 2
ATTACHMENT A
PURCHASE REQUISITION
CITY OF TIGARD
13125 SW Hall Blvd. Date: April 14, 2005
Tigard, Oregon 97223 From: Brenda Abbott
(503) 639-4171 Fax(503)639-1471
Dept: PD
TO: WCCCA
Address: Joe Saafeld
Address: P.O. Box 6375
City/St/Zip: Beaverton, OR 97007
Phone: 503.690.4911 x 217
Fax:
Email: jsaafeldAmccca.com
Fed ID No.:
DELIVER TO:
❑ 13125 SW HALL BLVD ❑ 8720 SW BURNHAM STREET
❑ 12800 SW ASH STREET ® 8777 SW BURNHAM STREET ATTN: Ben Tracy, Fleet services supervisor
Qty Vendor Item Description Dept / Unit Price Extended
No. Account No. Price
31 PSSI Mobile Client w/Padcom Encryption 850.00 26,350.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Shipping and Handling 0.00 0.00
Comments:
TOTAL 850.00 26, 350.00
APPROVALS:
APPROPRIATION BALANCE: AS OF: PURCHASING AGENT:
APPROVALS:
(IF UNDER $50) DEPARTMENT DESIGNEE:
(IF UNDER $2500) DEPARTMENT DESIGNEE:
(IF UNDER $7500) DEPARTMENT HEAD/DESIGNEE: WOVE W92660zn
(IF UNDER $25000) CITY MANAGER:
(IF OVER $25000) LOCAL CONTRACT REVIEW BOARD:
CAPITAL EXPENDITURES NOT BUDGETED: (IF UNDER $2500) DIRECTOR OF FINANCE:
(IF OVER $2500) CITY MANAGER:
hdtywideVemplatelpumhreq. dot
Page 1 of 1
AGENDA ITEM # 4' /
FOR AGENDA OF April 26, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A Resolution Approving Budget Amendment #13 to the FY 2004-05 Budget to
Increase Appropriations in the Police Department for Purchase of Re lace ent Mobile Data Computer Software.
PREPARED BY: Michelle Wareing DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City Council approve Budget Amendment #13 to the FY 2004-05 Adopted Budget to increase
appropriations in the Police Department for Purchase of Replacement Mobile Data Computer Software?
STAFF RECOMMENDATION
Staff recommends approval of Budget Amendment # 13.
INFORMATION SUMMARY
On October 26, 2004, City Council approved Budget Amendment #3, which increased appropriations in the Police
Department by $414,958 for purchase of new Mobile Data Computers (MDCs), purchase of new "SmartZone"
portable radios, and digital video systems for each of the patrol vehicles. The new MDCs were needed as the
existing MDCs were incapable of running industry standard operating systems required to run the authentication
and encryption software necessary for compliance of new U.S. Depart of Justice requirements. A grant of
$164,958 was received to offset a portion of the total cost.
At the time of the October budget amendment, Police Department staff had not received from Washington County
Communication Agency (WCCCA) the costs for the software necessary to bring the City's MDCs into compliance
with the new Federal security requirements for radio-based LEDS data transmissions. This pricing information has
now been provided and the City is ready to proceed with the purchase. The total cost is $66,061, which includes
$26,350 for the software licenses and $39,711 for the Motorola modems. This amount is in addition to the funds
appropriated by Budget Amendment #3.
OTHER ALTERNATIVES CONSIDERED
Do not approve Budget Amendment # 13.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Resolution with Attachment A.
FISCAL NOTES
This action will transfer $66,061 from the General Fund Contingency to the Police Department budget,
Community Services Program, for the funding of the security software licenses and modems.
AGENDA ITEM # ~
FOR AGENDA OF 4/26/05
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Hall Boulevard Block Grant A eement
PREPARED BY: Duane Roberts DEPT HEAD OK AWMGR OK CT
ISSUE BEFORE THE COUNCIL
Should the City enter into an agreement with Washington County accepting Community Development Block
Grant (CDBG) funds for sidewalk improvements to Hall Boulevard?
STAFF RECOMMENDATION
Authorize the Mayor to sign the agreement.
INFORMATION SUMMARY
On October 12, 2004, Council authorized the submittal of a request for CDBG funds to partially finance the
construction of sidewalks and associated improvements along Hall Boulevard between 11159 SW Hall
Boulevard and SW Spruce Street. In February 2005, the CDBG Policy Action Board City selected the Hall
project for FY 05/06 funding. In March, the policy board's project list was endorsed by the Washington County
Commissioners.
The Tigard-sponsored project is the second phase of a Hall Boulevard pedestrian improvements project. The
first phase, completed last year, included sidewalk infill along Hall Boulevard between Highway 99W and the
Village at Washington Square Apartments. The present project will extend the sidewalk from the same
apartments to SW Spruce Street.
The contracting process to receive the grant dollars includes an IGA between the City and County. A copy of
the IGA is available in the City Recorder's office. The IGA is the standard, boilerplate document used for
previous CDBG grant funds awarded to the City.
OTHER ALTERNATIVES CONSIDERED
None considered.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Transportation and Traffic, Goal 94, Identify and develop funding resources.
ATTACHMENT LIST
Attachment #1: Resolution No. 04-70.
FISCAL NOTES
The grant funding is $136,725. The proposed City contribution to the project includes in-kind design and
management services, plus $30,400 in hard dollars. The $30,400 will come from the storm drainage fund. The
total amount awarded for the two phases of the Hall project is $218,725.
is\I pln\Council Materials\4-26-05 Hall Blvd Block Grant Agreement.doc
CITY OF TIGARD, OREGON
RESOLUTION NO.04-~
A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING APPLICATIONS FOR
FEDERAL ASSISTANCE FOR CONSTRUCTING SIDEWALK AND RELATED IMPROVEMENTS
ON VARIOUS STREETS WITHIN LOW-MODERATE INCOME AREAS OF THE CITY.
WHEREAS, segments of SW Hall Boulevard, Center Street, Garrett Street, and Frewing Streets were
constructed without curbs, sidewalks, and/or drainage facilities; and
WHEREAS, the installation of sidewalk and associated improvements along these street segments would
improve neighborhood quality and safety conditions for children and other pedestrians; and
WHEREAS, improvements to SW Hall Boulevard, Center Street, Garrett Street, and Frewing Streets are
defined in separate applications for federal Community Development Block Grant funds; and
WHEREAS, these improvements meet the national and county Community Development Block Grant
objective of serving persons having low and moderate incomes; and
WHEREAS, Washington County will receive an estimated two million dollars per year for the next five
years, for which ten cities, the county, and various non-profit agencies will compete for the funding of
various projects.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City of Tigard hereby expresses its support for making improvements to. SW Hall
Boulevard, Center Street, Garrett Street, and Frewing Street, as shown in Exhibits A14,
and authorizes submission of applications for federal assistance.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This ZIA' day of 0616ee_ 2004.
Mayo(- City of Tigard
ATTEST:
C' corder - City of Tigard
RESOLUTION NO. 04 - ID
Page 1
City Council Document Transmittal
CITY OF TIGARD
To: Du C(.n e i` -o b~-o OREGON
From:
Date: 4.,q-),05
I'm sending you:
Document Type: XI IGA ❑ Contract
Other
Document Name:-►~uv~~
Approved at the Council Meeting of: -vs Y
Number Copies Included: -9, On 0'-na
❑ Your document(s) have been signed by the Mayor
-Your document(s) have been signed by the City Manager
Yo r document(s) requires an additional signature(s)
hen all signatures have been obtained, file an original document with
City of Tigard Records
❑ Additional instructions:
I:\ADM\FORMS\CITY COUNCIL DOCUMENT TRANSMITTAL.DOC
C : qI@c e,5~L
cot - l~C' ~,cnrcl3
AGREEMENT
between
WASHINGTON COUNTY
and
CITY OF TIGARD
This Agreement, entered into this day of , 200between Washington
County, a municipality of the State of Oregon (hereinafter referred to as the "County"),
and the City of Tigard, (hereinafter referred to as the "City"):
RECITALS
A. The County is an urban county applicant for Block Grant funds under the Housing
and Community Development Act of 1974 (the Act), 42 USC 301 et seq as
amended, and the National Affordable Housing Act of 1990, and will receive Block
Grant funds for the purpose of carrying out eligible community development and
housing activities under the Acts and under regulations promulgated by the
Department of Housing and Urban Development (HUD) at 24 CFR Part 570;
B. The County and various cities within the County, including the City, have agreed to
cooperate in the undertaking of essential community development and housing
activities.;
C. The County desires to have certain services performed by the City as described
within this Agreement for the purpose of implementing eligible 'activities under the
Act and HUD regulations;
D. It is'appropriate and mutually desirable that the City be designated by the County
to undertake the aforementioned eligible activities, so long as the requirements of
the Act, HUD regulations, state law and local law are adhered to, as provided for
herein;
E. The purpose of this Agreement is to provide for the cooperation between the
County and the City, as the parties in this Agreement, in implementing such
eligible activities in the manner described above,
F. The parties are authorized and empowered to enter into this Agreement by ORS
190.010 et seq., by the Constitution of the State of Oregon; and
G. Therefore, in consideration of the payments, covenants, and agreements
hereinafter mentioned and to be made and performed by the parties hereto, the
parties mutually covenant and agree as provided for in this Agreement.
Ccfnr 4-2004
Page 1 of 26
CITY WASHINGTON COUNTY
` r1i
Signa ure ryt /ELI C (L Chairman, Board of County
Commissioners
Signature -C ► Recording Secretary
DS-
Date Date
APPROVED AS TO FORM
Attorney for the Washington County Office of Community
Development
Ccfnr 4-2004
Page 2 of 26
INDEX TO CONTRACT AGREEMENT
PART I. GENERAL CONDITIONS
1. Scope of Agreement and Applicability to Terms and Conditions of this
Agreement
2. Scope of Services
3. Commencement and Termination of Projects
4. Administration
5. Operating Budget
6. Compensation and Method of Payment
7. Interest in Property
8. Funding Alternatives and Future Support
9. Amendments
10. Assignment and Subcontracting.
11. Hold Harmless and Indemnification
12. Conflict of Interest
13. Default and Suspension
14. Enforcement
15. Appeal
16. Termination
17. Prohibition on the Use of Debarred Contractors
18. Attorney Fees and Costs
19. Extensions
Ccfnr 4-2004
Page 3 of 26
PART II. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS
1. Procurement Standards
2. Environmental Review
3. Nondiscrimination
4. Property Management
5. Labor Standards
6. Acquisition and Relocation
7. Architectural Barriers
8. Non participation in Political Activities
9. Nonsubstitution for Local Funding
10. Public Information
11. Applicability of Laws Under This Agreement
12. Certification Regarding Lobbying
13. Certification Regarding Use of Excessive Force
Part III. EVALUATION AND RECORD KEEPING
1. Evaluation
2. Audits and Inspections
3. Records
4. Retention of Records
PART IV. SPECIAL CONDITIONS
Ccfnr 4-2004
Page 4 of 26
PART V. EXHIBITS
A. Project Description, Scope of Activities and Anticipated
Accomplishments
B. Authorized Signature Card
C. Budget Summary
Ccfnr 4-2004
Page 5 of 26
PART I. GENERAL CONDITIONS
1. SCOPE OF AGREEMENT AND APPLICABILITY TO TERMS AND CONDITIONS
OF THIS AGREEMENT
A. This Agreement shall consist of the signature page, the general and special
conditions; the federal, state and local program requirements; the evaluation
and record keeping requirements; each and every project exhibit incorporated
in the Agreement; all matters and laws incorporated by reference herein; and
any written amendments made according to the general conditions. This
Agreement supersedes any and all former agreements applicable to projects
attached as exhibits to this Agreement.
B. Depending upon the specific nature of the"project, services or purposes for
which Block Grant funds are being provided pursuant to this Agreement,
certain terms and conditions contained herein may be made inapplicable by
their express citation in Part IV, Special Conditions. Except as so expressly
excluded, all terms and conditions contained herein have full application, force
and effect.
2. SCOPE OF SERVICES
A. The City shall perform and carry out in a satisfactory and proper manner the
services set forth in Exhibit A attached hereto which specifies work to be
performed. The Agreement may be amended from time to time in accordance
with the general conditions for the purpose of amending the scope of work or
for any other lawful purpose.
B. Any conflict or dispute that may arise with regard to any aspect of CDBG
activities for the project shall be resolved by the County's interpretation of the
specifications contained in the original project proposal, the current Program
Policies, and the County's Office of Community Development CDBG
Procedures Manual. Any such determination made by the County shall be
final.
3. COMMENCEMENT AND TERMINATION OF PROJECTS
A. Upon release of project-related funds by HUD pursuant to 24 CFR Part 58.70,
the County shall furnish the City with written notice to proceed. No work on
the project shall occur prior to the receipt of written notice to proceed from the
County.
B. All project funds shall be obligated and expended within the project year
unless the County and the City agree to an amendment extending project
Ccfnr 4-2004
Page 6 of 26
activities beyond the Project Year. For the purposes of this Agreement,
"Project Year" shall mean the period from July 1, 2005 through June 30, 2006.
C. Any property acquired or improved in whole or in part with CDBG funds shall
be used to meet one of the national objectives set forth in 24 CFR 570.208 for
a period of twenty (20) years or until June 30, 2026 unless otherwise modified
in writing by the parties to this contract.
4. ADMINISTRATION
A. The City shall appoint a liaison person who shall be responsible for overall
administration of Block Grant funded project(s) and coordination with the
County's Office of Community Development. The name of the liaison person
shall be specified in writing and submitted to the County's Office of
Community Development. The City shall also designate one.or more
representatives who shall be authorized by the City to sign the Voucher
Request and any other forms which may be required. The names of these
representatives shall be specified in Exhibit B.
B. 'This Agreement is subject to and supplemental to the Agreement of
Intergovernmental Cooperation entered into between the County and
participating municipalities.
5. OPERATING BUDGET
A. The City shall expend the funds received from the County under this
Agreement in accordance with the budget summary submitted by the City to,
and approved by, the County. Such budget summary is attached to this
Agreement as Exhibit C. No line item expense in the approved budget shall
be changed without a budget revision approved by the County's Office of
Community Development. The budget revision shall specifically state the
reasons for the requested increase and a justification for the corresponding
decrease in another line item. Budget revision(s) must be approved by OCD
before any costs are incurred by the City.
B. The difference between the approved budget amount on a budget line item
and a lower or higher bid or quote, in any line item, shall be reported to the
County. Excess funds generated by a lower bid or quote shall be considered
surplus. The City may submit a budget revision requesting the use of any
such surplus, which shall be approved or denied at the discretion of the OCD.
Ccfnr 4-2004
Page 7 of 26
C. Matching funds identified in Exhibit C shall mean all funds from non-CDBG
sources, including in-kind contributions of staff and materials, other grant
sources, charitable contributions, volunteer labor, donated materials and
services, and similar items of value to the project. Matching funds shall be
used for project purposes, and shall be included within the scope of Audits
and Inspections conducted under Part III, Section 2 of this Agreement.
Increases in matching funds shall be reported to County and the Operating
Budget shall be revised accordingly by the OCD.
D. No later than 90 days from the date the County approves the proposed list of
activities., which includes this project, the City shall submit to the County's
Office of Community Development written evidence that substantiates the
matching funds pledged by the City are available. The availability of pledged
funds means all approvals, guarantees, or third party commitments from
subrecipients or cosponsors, have been received and will enable the City to
officially obligate those matching funds. In the event the City fails to submit
such evidence or the evidence is deemed by the County to be unacceptable,
the County may exercise its termination options under Part I Section- 14 of this
agreement.
6. COMPENSATION AND METHOD OF PAYMENT
A. Subject to the availability of funds from HUD, the County shall reimburse the
City for the services specified in Exhibit A. Reimbursement shall be requested by
the City by submitting a Community Development Voucher Request (OCD Form 2)
and a Program Accomplishments reporting form (OCD Form 3); the forms are to be
signed by the City's authorized representatives in a manner prescribed by the
County.
B. The County will make payment to the'City within two (2) weeks or as soon as
practicable after said invoice is received and approved by the Washington County
Office of Community Development.
7. INTEREST IN PROPERTY
A. Real Property - In accordance with HUD Regulation 24 CFR, 570.503(b)(8),
upon expiration or termination of this agreement the City shall transfer to the
County any CDBG funds on hand at the time of expiration and any accounts
receivable attributable to the use of CDBG funds. Real property under the City's
control that was acquired or improved in whole or in part in excess of $25,000 will
be used to (1) meet its original national objective for the time period specified in
Part I Section 3.C of this agreement; or (2) disposed of in a manner that results in
reimbursement to the County in the amount equal to the current fair market value
less any portions attributable to expenditure of non-CDBG funds for acquisition of,
or improvement to, the property.
Ccfnr 4-2004
Page 8 of 26
B. Personal Property - Any personal property on hand at the time of the
expiration of the project year of this Agreement shall be disposed of in accordance
with 24 CFR 85.32.
C. Program Income
(1) The City shall record the receipt and expenditure of program income as
defined in 24 CFR 570.500(a) of the financial transactions of the project(s)
funded under this Agreement. Program income shall be reported with
each voucher request and substantially disbursed for the benefit of the
project(s) funded by this Agreement in accordance with the principles of 24
CFR 570.504 (b)(2)(i) and (ii). Program income which is not used to
continue or benefit such project(s) shall revert back to the Block Grant
Fund for reallocation by the County.
(2) The City may retain program income provided it is used in accordance with
regulations in 24 CFR 570.504, and pursuant to adopted local CDBG
program policies. The County shall determine whether income is being
used to continue or benefit a project or projects authorized by this
Agreement.
(3) Program income on hand when the Agreement expires and received after
the Agreement's expiration must be used by the subrecipient to meet its
original national objective for the time period specified in Part I Section 3.C.
of this Agreement. The County may transfer the program income to the
City, upon its termination of urban county participation provided the City
has become an entitlement grantee and agrees to use the program income
in its own CDBG entitlement program.
D. Appraisals, Promissory Note and Trust Deed
(1) For any real property acquired, constructed or rehabilitated with CDBG
funds, the City shall provide the County with an appraisal of the property.
The appraisal shall be conducted by a certified appraiser whose services
shall be paid for by the City. The purpose of such an appraisal is to: (a)
conform to any federal real property acquisition requirements, and/or (b) to
establish a baseline figure for the purpose of entering into a promissory
note and trust deed as specified below. The appraisal shall be conducted
within 45 days of notification to do so by the County.
(2) City shall execute a Promissory Note and Trust Deed for any facility
constructed, acquired or rehabilitated with Community Development Block
Grant funds. The Promissory Note and Trust deed shall be executed at
such time as required by the County.
Ccfnr 4-2004
Page 9 of 26
(3) City agrees to comply with all agreements, covenants and restrictions
contained in the Promissory Note and Trust Deed, and all applicable
federal, state and local regulations during the terms of the Promissory Note
and Trust Deed.
(4) City agrees to pay all escrow fees including all costs associated with the
recording of Trust Deed or other legal instruments necessary for the County
to protect its interest in the project.
8. FUNDING ALTERNATIVES AND FUTURE SUPPORT
A. The County makes no commitment to future support and assumes no
obligation for future support of the activities contracted for herein, except as
expressly set forth in this Agreement.
B. Should anticipated sources of revenue not become available to the County
for use in the Community Development Program, the County shall
immediately notify the City in writing, and the County will be released from all
contracted liability for that portion of the Agreement covered by funds not
received by the County.
9. AMENDMENTS
This Agreement shall be modified by the parties only upon written amendment.
10. ASSIGNMENT AND SUBCONTRACTING
A. The City shall not enter into any contracts assigning any interest under this
Agreement without the written approval of the County. Such consent shall
be requested 15 days prior to the date of any proposed assignment.
B. The County shall assume no liability for acts and omissions of contractors
or subcontractors employed or hired by the City.
11. HOLD HARMLESS AND INDEMNIFICATION
The City agrees to defend, save, hold harmless and indemnify the County, its
commissioners, employees and agents for any and all claims, damages, losses
and expenses, including but not limited to reasonable attorney's fees, arising out
of or resulting from City's own negligence, performance of or failure to perform
the obligations of this Agreement and any agreement resulting from this
Agreement.
Ccfnr 4-2004
Page 10 of 26
12. CONFLICT OF INTEREST
A. Interest of Officers, Employees, or Agents - No officer, employee, or agent
of the County or City who exercises any functions or responsibilities in
connection with the planning and carrying out of the Block Grant Program,
or any other person who exercises any functions or responsibilities in
connection with the Program, shall have any personal financial interest,
direct or indirect, in this Agreement and the County and City shall take
appropriate steps to assure compliance.
B. Interest of Subcontractor and Their Employees - The City agrees that it will
incorporate into every subcontract required to be in writing and made
pursuant to this Agreement the following provision:
The Contractor covenants that no person who presently exercises
any functions or responsibilities in connection with the Block Grant
Program, has any personal financial interest, direct or indirect, in
this Contract. The Contractor further covenants that he presently
has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of his services hereunder. The Contractor further covenants that in
the performance of this Contract no person having any conflicting
interest shall be employed. Any interest on the part of the
Contractor or his employees must be disclosed to the City or the
County.
13. DEFAULT AND SUSPENSION
A. Each of the following events shall constitute a default on the part of the
City:
(1) Material noncompliance with the terms of this Agreement, the
Award, any and all applicable state or federal laws and regulations;
(2) Mismanagement or improper use of Award funds;
(3) Failure to obligate required funds or to provide work or services
expressed by this Agreement;
(4) Failure to submit reports, supplying incomplete or inaccurate reports
required by Part III herein.
Ccfnr 4-2004
Page 11 of 26
B. Each of the following events shall constitute a default on the part of the
County:
(1) Material noncompliance with the terms of this Agreement, the
Award, any and all applicable state and federal laws and regulations;
(2) Failure to provide funding for services rendered as required by this
Agreement and law,
14. ENFORCEMENT
A. In the event the City is found in default under the terms of this Agreement
the County may:
(1) Withhold any or all of any pending or future payments until the
default is cured;
(2) Suspend all or part of this Agreement or Award herein;
(3) Prohibit the City from incurring additional obligations of funds until
the County notifies the City in writing that the default is cured;
(4) Disallow or deny both the use of funds and matching credit of the
activity or action not in compliance;
(5) Take any and all other legal or equitable remedies available.
B. Any costs attributed to the program which were lawfully incurred prior to
any suspension or termination will be considered properly incurred. Any
costs attributed to the program during or after any suspension or
termination are specifically not allowed without express written consent by
the County.
15. APPEAL
In the event the County takes an action to enforce the terms of this Agreement,
the Award or to enforce compliance with applicable state and federal law, the City
may appeal such action in the manner provided in this section as follows:
(1) The County shall provide the City with written notice of the default and the
right to cure, if any;
(2) The City may pursue an informal appeal by contacting the Manager of the
Office of Community Development.
Ccfnr 4-2004
Page 12 of 26
(3) The City may appeal the informal decision of the Manager by submitting a
written objection of the enforcement action directly to the Community
Development Policy Advisory Board (PAB).
(a) The PAB may consider oral argument, written testimony and any
other such evidence it considers relevant to a determination.
(b) The PAB shall consider all information and reach a determination
based upon the record submitted and prepare a written finding.
(c) The City shall have the opportunity to provide oral testimony if a
hearing is conducted. If a formal hearing is not held the City shall
have the opportunity to submit written objections, arguments and
other material relevant to its position.
(d) The findings of the PAB are final and no further appeal is allowed.
16. TERMINATION
A. This Agreement shall terminate upon any of the following events:
(1) Termination following default as defined previously;
(2) The failure by the County to provide funding for services rendered as
required by this Agreement;
(3) The unavailability of Block Grant funds from either the federal
government or through the County.
B. This Agreement will terminate upon thirty days written notice by the County in
the event funding is no longer available.
C. Upon termination of this Agreement, any unexpended balance of Agreement
funds shall remain with the County. The regulations relating to
reimbursement of Block Grant funds shall be applicable to the City for
expended funds in accordance with HUD Regulation 24 CFR, 570.503(b)(8)
and Part I, Section 7 herein.
D. The City shall reimburse the County for any and all funds expended in
violation of the terms of this Agreement, state or federal law.
Ccfnr 4-2004
Page 13 of 26
17. PROHIBITION ON THE USE OF DEBARRED CONTRACTORS
CDBG funds shall not be used directly or indirectly to employ, award contracts to, or
otherwise engage the services of, or fund any contractor or subrecipient during any
period of debarment, suspension, or placement in ineligibility status under the
provisions of 24 CFR Part 24. The City shall not make any award at any tier to any
party which is debarred, suspended or excluded from participation in federal assistance
programs under Executive Order 12549, "Debarment and Suspension."
18. ATTORNEY FEES AND COSTS
This Agreement shall be governed by the laws of the State of Oregon and federal law.
Any action or suit commenced in connection with this Agreement shall be in the Circuit
Court of Washington County. The prevailing party, either in Circuit Court or on appeal,
shall be entitled to reasonable attorney fees and costs and disbursements as awarded
by the Court.
19. EXTENSIONS
If in the determination of the Office of Community Development (OCD) a time extension
is necessary or appropriate, an extension of the term of this Agreement for an
additional period may be granted to the City by the County's Office of Community
Development provided the City requests such an extension, in writing, at least two (2)
weeks prior to the last expiration date contained in this Agreement. Additional
extension(s) may be granted by the OCD Program Manager in case of extenuating
circumstances.
Ccfnr 4-2004
Page 14 of 26
PART II. FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS
1. PROCUREMENT STANDARDS
A. In awarding contracts pursuant to this Agreement, the City shall comply with
all applicable requirements of local and state law for awarding contracts,
including but not limited to procedures for competitive bidding, contractor's
bonds, and retained percentages. In addition, the City shall comply with the
requirements of the 24 CFR Part 85.36 relating to bonding, insurance and
procurement standards; and with Executive Order 11246 and the regulations
issued pursuant thereto (41 CFR Chapter 60) regarding nondiscrimination
bid conditions for projects over $25,000.
B. The City agrees to submit copies of all contracts, agreements, plans,
specifications and change orders related to the project to the County's Office
of Community Development in a timely manner. No plan specification or
change order shall be used or implemented if it increases the total project
cost without approval from the Office of Community Development.
C. The City shall make available to each contractor bidding on any activity
under this Agreement a listing of minority business enterprises (MBEs).
2. ENVIRONMENTAL REVIEW
A. The County retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act as
implemented by HUD Environmental Review Procedures (24 CFR Part 58).
The County shall require the City to furnish data, information and assistance
for the County's review and assessment in fulfillment of the County's
responsibilities under 24 CFR, Part 58.
B. The City shall not proceed with the acquisition of real property or any
construction activities under this Agreement until satisfaction of all applicable
requirements of the National Environmental Policy Act.
C. Other Environmental Compliance Requirements:
Ccfnr 4-2004
Page 15 of 26
(1) Historic Preservation. The City shall meet the historic preservation
requirements of the National Historic Preservation Act of 1966
(Public Law 89-665) and the Archeological and Historic
Preservation Act of 1974 (Public Law 93-291) and Executive Order
11593, including the procedures prescribed by the Advisory Council
on Historic Preservation in the regulations at 36 CFR Part 800.
Activities affecting property listed in or found to be eligible for
inclusion in the National Register of Historic Places will be subject
to requirements set forth in HUD Environmental Review
Procedures at 24 CFR Part 58.
(2) National Flood Insurance. The City shall not receive Community
Development Block Grant funding for acquisition or construction for
use in any area that has been identified as having special flood
hazards and is not participating in the National Flood Insurance
Program, as provided by Section 3(a) and 202 (a) of the Flood
Disaster Protection Act of 1973 (42 USC 400(a) and 4106) and the
regulations thereunder (44 CFR Chapter 1, Subchapter B, and 24
CFR, Section 570.605.
(3) Air and Water Pollution. The City shall comply with the provisions of
the Clean Air Act, as amended (42 USC Section [1857] 7401 et seq.)
and the regulations issued thereunder (40 CFR Part 15) and the
Water Pollution Act, 33 U.S.C. 1251 et. seq.
-(4) Lead-Based Paint Poisoning. Pursuant to 24 CFR, 570.608 the City
• shall comply with the HUD Lead-Based Paint Regulations (24 CFR Part
35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act,
as amended, (42 USC Section 4851 et seq.) requiring prohibition of
the use of lead-based paint whenever funds under this Agreement are
used directly or indirectly for acquisition, construction, rehabilitation, or
modernization; elimination of immediate lead-based paint hazards in
residential structures; and notification of the hazards in residential
structures; and notification of the hazards of lead-based paint poisoning
to purchasers and tenants of residential structures constructed prior to
1978.
(5) Endangered Species Act. The City shall comply with the provisions of
the Endangered Species Act of 1973, as amended (16 USC Section
1531 et seq.), particularly Section 7 of the regulations thereunder (50
CFR Part 402).
Ccfnr 4-2004
Page 16 of 26
3.~ NONDISCRIMINATION
A. General. The City shall comply with all federal, state and local laws prohibiting
discrimination on the basis of age, sex, familial status, race, creed, color, national
origin, or disability. These requirements are specified in Section 109 of the Housing
and Community Development Act of 1974 "as amended"; Civil Rights Act of 1964,
Title VI (42 USC 2000d et seq.); Civil Rights Act of 1968, Title VIII (42 USC 3601 et
seq.); Executive Order 11063, as amended by Executive Order 12259; Executive
Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60);
Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701 u);
and Section 504 of the Rehabilitation Act of 1973, (29 USC 794); Americans With
Disabilities Act (ADA) (42 USC 12101); and the Age Discrimination Act of 1975 (42
USC 6101 et seq.). Specifically, the City is prohibited from taking any
discriminatory actions defined in the HUD regulations at 24 CFR 570.602 and 24
CFR Part 6 and shall take such affirmative and corrective actions as required by the
regulations at 24 CFR Part 6. These requirements are summarized in the following
paragraphs:
(1) Program Benefit. The City shall not discriminate against any resident of the
project service area by denying benefit from or participation in any Block
Grant funded activity on the basis of race, color, sex, national origin,
disability, age, and familial status. (Civil Rights Act of 1964, Title VI; Civil
Rights Act of 1968, Title VIII; Section 109, Housing and Community
Development Act of 1974; Age Discrimination Act 1975; Americans With
Disabilities Act (ADA) (42 USC 12101); Section 504, Rehabilitation Act of
1973.)
(2) Fair Housing. The City shall take necessary and appropriate actions to
prevent discrimination in federally assisted housing and lending practices
related to loans insured or guaranteed by the Federal Government. (Civil
Rights Act of 1968, Title VIII, as amended; Executive Order 11063, as
amended by Executive Order 12259.)
(3) Employment.
(a)' In all solicitations under this Agreement the City shall state that all
qualified applicants will be considered for employment. The words,
"Equal Opportunity Employer" in all advertisements shall constitute
compliance with this Section.
(b) The City shall not discriminate against any employee or applicant for
employment in connection with the Agreement because of age, sex,
familial status, disability, race, creed, color or national origin, except
when there is a bona fide occupational limitation. The City shall not
refuse to hire, employ or promote, or bar, discharge, dismiss, reduce
Ccfnr 4-2004
Page 17 of 26
'in compensation; suspend, demote, or discriminate in work activities,
terms or conditions because an individual has a physical or mental
disability in any employment in connection with this Agreement unless
it can be shown that the particular disability prevents the performance
of the work involved. Such action shall include, but not be limited to
the following: Employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training.
(Executive Order 11246 as amended; and Section 504 of the
Rehabilitation Act of 1973; Americans With Disabilities Act (ADA) (42
USC 12101); and the Age Discrimination Act of 1975.)
(c) This Agreement is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 USC 1701u), as
amended, the HUD regulations issued pursuant thereto at 24 CFR
Part 135, and any applicable rules and orders of HUD issued
thereunder prior to the HUD authorization of the funding approval.
(4) Persons With Disabilities. As required by 24 CFR, Part 8.51 the City shall
conduct a self-evaluation and take corrective action to ensure reasonable
accommodation in programs and services to persons with disabilities. The
City shall provide County with a completed self- evaluation checklist, in the
form set forth in County's CDBG Procedures Manual.
(5) Contractors and Suppliers
(a) No contractor, subcontractor, union or vendor engaged in any activity
under this Agreement shall discriminate in the sale of materials,
equipment or labor on the basis of age, sex, familial status, race,
creed, color, or national origin. No contractor, subcontractor, union or
vendor.engaged in any activity under this Agreement shall refuse to
hire, employ or promote, or bar, discharge, dismiss, reduce in
compensation, suspend, demote or discriminate in work activities,
terms or conditions because an individual has a physical or mental
disability in any employment in connection with this Agreement unless
it can be shown that the particular disability prevents the performance
of the work involved. Such practices include upgrading, demotion,
recruiting, transfer, layoff, termination, pay rate, and advertisement for
employment. (Executive Order 11246 as amended; and Section 504
of the Rehabilitation Act of 1973; and the Age Discrimination Act of
1975.)
(b) To the greatest extent feasible, the City shall purchase supplies and
services for activities under this Agreement from vendors and
contractors whose businesses are located in the area served by the
Ccfnr 4-2004
Page 18 of 26
Block Grant funded activities or owned in substantial part by project
area residents. (Section 3, Housing and Community Development Act
of 1968, as amended.)
B. In the event of noncompliance by the City with any nondiscrimination provisions of
this Agreement, the County shall have the right in whole or in part to cancel this
Agreement in accordance with Part I, Section 14.
4. PROPERTY MANAGEMENT
The City, as a subgrantee, agrees that any property, equipment, or supplies purchased
wholly or in part with program funds shall be managed under the same guidelines
applicable to the County, pursuant to 24 CFR Part 85.
5. LABOR STANDARDS
A. The City shall require that project construction and subcontractors pay their
laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as
amended (40 USC sections 276(a)-276(a)(5), and that they comply with the
Copeland "Anti-Kickback" Act, as amended (40 U.S.C. 276(c) and the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as further prescribed
at 29 CFR Parts 1, 3, 5, 6 and 7; provided that this section shall not apply to
rehabilitation of residential property designed for residential use by less than eight
units, or to rehabilitation of rental property consisting of less than twelve units.
B. A copy of the current Davis-Bacon wages must be included in all construction bid
specifications and/or contracts over $2,000.
6. ACQUISITION AND RELOCATION
A. Any acquisition of real property by a unit of government for any activity assisted
under this Agreement shall comply with the Federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 amended as Title IV of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (hereinafter
referred to as the Uniform Relocation Act) (42 USC 4601 et seq.) and the
Regulations at 24 CFR Part 42 as amended effective April 2, 1987.
B. Any displacement of persons, business, nonprofit organizations or farms as a result
of acquisition of real property assisted under this Agreement shall comply with Title
II of the Uniform Act and the regulations at 24 CFR Part 42. The City shall comply
with the regulations pertaining to costs of relocation at 24 CFR Section 570.606 and
the Washington County CDBG Program Policies.
Ccfnr 4-2004
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7: ARCHITECTURAL BARRIERS
Any facility constructed or altered pursuant to this Agreement shall comply with design
requirements of the Uniform Federal Accessibility Standards (UFAS).
8. NONPARTICIPATION IN POLITICAL ACTIVITIES
The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15).
9. NONSUBSTITUTION FOR LOCAL FUNDING
The Block Grant funding made available under this Agreement shall not be utilized by the
City to reduce substantially the amount of local financial support for community
development activities below the level of such support prior to the availability of funds
under this Agreement.
10. PUBLIC INFORMATION
All written materials (reports, brochures, promotional or informational items), news
releases, and other public notices produced by or for the City shall acknowledge the
source of funding as being derived from the Department of Housing and Urban
Development and provided through the Washington County Community Development
Block Grant Program.
11. APPLICABILITY OF LAWS UNDER THIS AGREEMENT
To the extent applicable to the City's acceptance and use of funds under this Agreement,
the City shall comply with the policies, guidelines and Uniform Administrative
Requirements of OMB Circulars A-87, A-133, and 24 CFR, Part 85 (implemented at 24
CFR, Part 570.502).
12. CERTIFICATION REGARDING LOBBYING
The City certifies, by affixing its authorized signature(s) to this agreement that, to the best
of the City's knowledge and belief:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the City, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
entering into this cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of this cooperative agreement.
Ccfnr 4-2004
Page 20 of 26
B. If any funds other than Federally appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(Available through the Office of Community Development.)
C. The City shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
13. CERTIFICATION REGARDING USE OF EXCESSIVE FORCE
The City in accordance with Section 519 of Public Law 101-144, 1990 HUD
Appropriations Act, certifies by affixing its authorized signature(s) to this agreement that'
the City will not use excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in nonviolent civil rights demonstrations.
Ccfnr 4-2004
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PART III. EVALUATION AND RECORD KEEPING
1. EVALUATION
The City agrees to participate with the County in any evaluation project or
performance report, as designed by the County or the appropriate federal agency,
and to make available all information required by any such evaluation process.
2. AUDITS AND INSPECTIONS
A. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by the
County, federal or state officials so authorized by law during the performance of
this Agreement and during the period of records retention specified in this Part III
at paragraph 4.
B. The City shall be responsible for meeting the audit requirements established
in the U.S. Office of Management and Budget Circular A-133. Upon request of
the County's Office of Community Development, the City shall be required to
provide audit information relative to any project or activity funded under the terms
of this Agreement.
3. RECORDS
In the event the City sponsors multiple projects, each project shall be maintained
under a separate file system and kept in a manner recommended by the County.
As required by HUD regulations, the City shall compile and maintain records as
indicated:
A. Financial Management - Such records shall identify adequately the source and
application of funds for activities within this Agreement in accordance with the
provisions of 24 CFR Part 85.20. These records shall contain information
pertaining to grant awards and authorizations, obligations, unobligated balances,
assets, liabilities, outlays, and income.
B. Citizen Participation - Narrative and other documentation describing the
process used to inform citizens concerning the amount of funds available, the
ranges of project activities undertaken, and opportunities to participate in funded
Block Grant projects.
Ccfnr 4-2004
Page 22 of 26
C. Relocation - City recordkeeping must comply with the Uniform Act
implementing regulations at 24 CFR Part 42. Indication of the overall status of the
relocation workload and separate relocation record for each person, business,
organization, and farm operation displaced or in the relocation workload must be
kept.
D. Real Property Acquisition - If the City acquires real property by exercising its
power of eminent domain, City acquisition files must contain the following records:
(1) Identification of property and property owners.
(2) Official Determination to Acquire - A citation of the action that constitutes
the official determination to acquire, the date of the action, and the
applicable CDBG project number.
(3) Notice of Intent to Acquire the Property - A copy of the notice (including
owner's rights), citation of the date of transmittal to owner, and evidence of
receipt by the owner. If tenants are involved, then a general notice must
also be issued to all affected tenants.
(4) Preliminary Acquisition Notice - A citation of the date of transmittal to the
owner and evidence of receipt by owner.
(5) Invitation to Accompany Appraiser - Evidence that owner was invited to
accompany each appraiser on his inspection of the property.
(6) Appraisal Reports - A copy of each appraisal report; including reviewer's
report, on which determination of just compensation was based.
(7) Determination of Just Compensation - A copy of the resolution, certification,
motion or other document constituting the determination of just
compensation.
(8) Purchase Offer - A copy of written purchase offer of just compensation,
including all basic terms and conditions of such offer, and a citation of the
date of delivery to the owner. This date is the initiation of negotiations and
triggers the relocation requirement of making a "Notice of Displacement".
(9) Statement of the Basis for the Determination of Just Compensation - A
copy of the statement and an indication that it was delivered to the owner
with written purchase offer.
Ccfnr 4-2004
Page 23 of 26
(10) Purchase Agreement, copy of recorded Deed, Declaration of Taking, Title
Report, Title exceptions - A copy of each such document and any similar or
related document utilized in conveyance.
(11) Settlement Cost Reporting Statement - A signed copy of the statement.
(12) Purchase of Price Receipt - Evidence of owner receipt of purchase price
payment.
(13) Copy of any appeal or complaint and City response.
E. Equal Opportunity - The City will maintain racial, ethnic, and gender data showing
the extent to which these categories of persons have participated in, or benefitted
from, the activities carried out under this Agreement. The City shall also maintain
data which records its affirmative action in equal opportunity employment, and its
good faith efforts to identify, train, and/or hire lower-income residents of the
project area and to utilize business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
F. Labor Standards - Records shall be maintained regarding compliance of all
contractors performing construction work under this Agreement with the labor
standards made applicable by 24 CFR Part 570.605.
G. Miscellaneous Records - The City shall maintain such other records as may be
required by the County and/or HUD.
4. RETENTION OF RECORDS
As required in 24 CFR 85.42, required records shall be retained for a period of four (4)
years following the date of the submission of the final grantee performance report in
which the activity is covered, except as follows:
A. Records that are the subject of audit findings shall be retained for four (4) years or
until such audit findings have been resolved, whichever is later.
B. Records for Real Property and Equipment shall be retained for four (4) years after
its final disposition. The retention period starts from the date of disposition,
replacement, or transfer at the direction of the County. Equipment is defined in 24
CFR Part 85.32 and real property is defined in 24 CFR Part 570.505.
C. Records for any displaced person shall be retained for four (4) years after such
person has received final payment.
Ccfnr 4-2004
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PART IV. SPECIAL CONDITIONS
1. The City shall execute this agreement no later than 30 days following the date of
the County's letter of transmittal.
2. Fifteen days prior to soliciting bids the City shall make available to the County's
Office of Community Development, in writing, a schedule of proposed activities to
include at least: the date of bid solicitation; date of bid opening or final date of
phone solicitations, as applicable; anticipated award date; and date of anticipated
construction. In addition, the City will provide a construction cost estimate.
3. In accordance with Part I, Paragraph 1.B., the following covenants are deemed not
applicable and are expressly deleted:
Ccfnr 4-2004
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PART V. EXHIBITS
A. Project Description, Scope of Activities and Anticipated
Accomplishments
B. Authorized Signature Card
C. Budget Summary
Ccfnr 4-2004
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PROJECT DESCRIPTION, SCOPE OF ACTIVITIES
AND ANTICIPATED ACCOMPLISHMENTS
I. Proiect Number and Title:
CDBG Project #7132, City of Tigard, Hall Blvd. Sidewalk Improvements, Phase II
II. Description of: Project, Activities, Anticipated Accomplishments, Low and
Moderate or Other Target Group Beneficiaries.
A. Nature and Purpose of the Proiect:
The City of Tigard will construct 3,835 square feet of 5-foot wide sidewalks
and 900 lineal feet of curb along the west side of Hall Boulevard between
Pfaffle and Spruce Streets. This project is considered Phase II of a 2003
project that constructed sidewalks from Highway 99 up to the Village at
Washington Square apartments. The sidewalks will continue north on Hall
Blvd. to Spruce Street. CDBG funds will be used for a portion of the
construction costs for the sidewalk improvements; City of Tigard will provide
matching funds in the amount of $57,408 for a total project budget of
$194,133.
B. Proposed Location or Impact Area(s):
City of Tigard on the west side of Hall Boulevard at SW 11159 progressing
northward to Spruce Street. Census Tract: 309.00 BG 1.
C. Duration/Timinci of the Project:
July 1, 2005 - June 30, 2006
D. Number of Low and Moderate Income or Target Group Beneficiaries:
2,740 low to moderate beneficiaries will be served.
EXHIBIT A
E. Component Activities (CDBG vs. Others):
CDBG = $136,725 City = $57,408
F. Quantitative Proiections for CDBG Component Activities (in units, linear
feet, square feet, etc.) for all acquisitions, construction, reconstruction,
rehabilitation, etc.:
CDBG funds will be used to pay for a portion of the sidewalk construction
costs on Hall Blvd. including:
Sidewalks: 3,835 square feet
Curbs: 900 lineal feet
Retaining Wall: 400 blocks
Wheelchair Ramp: 1 ramp
Driveway Apron: 1,570 square feet
S1con-7132 Tigard Hall Scope ExA kaj
Project No. 7132
Project Year (funded) 2005
AUTHORIZATION SIGNATURE CARD
Project Name HALL BOULEVARD SIDEWALKS II
Applicant's Name CITY OF TIGARD
Address 13125 SW HALL BLVD.
City, State, Zip TIGARD, OR 97223
Telephone Number 503-718-2444
SIGNATURE OF INDIVIDUALS AUTHORIZED TO SIGN .FINANCIAL DOCUMENTS:
Any TWO signatures required to sign any financial document
NAME (Type or Print) SIGNATURE
AVustin P. Duenas, P.E.
Yannie N
ggen, P.E. i~+; lfLr 11 '1e I
Michael Mills ~
Tom Imdieke
Roger Dawes
1 certify that the signatures above are of the individuals authorized to execute
financial documents. r--~
Date SignatuUce of Authorized Official
Interim City Managt
Title of Authorized Official
j:cdforms\autsigcd.doc
EXHIBIT B
w
w:.
40.
.t
Project Number:
Project Year (funded):
Budget Su mmary(2 page form - see Excel tabs)
Community Development Block Grant
Project Title: Hall Blvd. Sidewalk Improvements II
Legal Name of Entity: City of Tigard
Address: 13125 SW Hall City: Tigard State: OR Zi : 97223
1. BUDGET LINE'ITEMS
A. Personnel Services
4 Portion
1. No of'Em' to ees 2: Job Title 3 Total Sala . Chargeable to CDBG:
1 Planner 2,000 -0-
1 Engineer 20,008 -0-
1 Inspector 59000 -0-
5. Subtotal $2 7 , 000 _ $ 0 -
6. Extra Help/Overtime
7. Frinqe Benefits
8. TOTAL PERSONNEL COSTS $17,008 - $ 0
f?ortion Chargeable'.
B. Materials and Supplies
9. Office Supplies 100 -0-
10. Operating Supplies
11. Communications
12. Travel and Training
13. Legal & Public Notices 300 -0-
14. Professional Services
15. Construction Contracts 166,725 136,725
16. Other: Specify
17. TOTAL MATERIALS AND SERVICES $167,125 - $136,725
Exhibit C
Page 1 of 2
Portion Chargeable to
C. CAPITAL OUTLAY Total Ca ital Outlay CDBG
18. Capital Outlay Quantity Item -0- -0-
19. Real Property Ac uistion =0- -0-
20. TOTAL CAPITAL OUTLAY $ - $
21: Total :Project Cos't` 22. Total COBG-Award
II: SOURCES OF PROJECT FUNDING
1. Federal
2. State
3. Local Cash 30 , 400
4. County
5. In-Kind Service and Supply 27,008
6. Other detail
7. Subtotal $
8. Community Development Block Grant 136,725
9. TOTAL PROJECT COST $ 194,133 -
III. AUTHORIZATION
G P. Q-
Date Aut o ized Signature for Project
AUAa W dyyv-
Date Authorized Signature P P ject
COUNTY USE ONLY
Reviewed and approved by Washington County Office of Community Development on
Signature
Page 2 of 2
AGENDA ITEM # 5
FOR AGENDA OF April 26, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Tigard Library Strategic Plan
PREPARED BY: Margaret Barnes DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Presentation by staff about Mapping the Future: the Tigard Library's Strategic Plan 2005-2010.
STAFF RECOMMENDATION
The purpose of this presentation is to update the Council on the library's completed Strategic Plan, which sets the
course for the library for the next five years.
INFORMATION SUMMARY
The Library's five-year strategic plan is the result of six months of planning and community involvement. A
committee representing a broad cross-section of the community held two meetings in November 2004 and January
2005 to create the framework for the plan. The citizen committee examined the role the library could play in
helping Tigard achieve a community vision. Committee members identified five service priorities for the library to
focus on during the next five years:
• Current Topics and Titles
• General Information
• Commons
• Information Literacy
• Cultural Awareness
Library staff developed goals, objectives and activities for each of the service priorities. The document Mapping
the Future describes each service priority as well as its goals and objectives. Together, they create a roadmap for
the library and its role in satisfying the community's wants and needs for the rest of this decade. The new strategic
plan coincides with the first year of the new library's operation and, thus, will help define the library's role in the
community.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal #3: Adequate facilities are available for efficient delivery of life-long learning programs and services for all
ages.
ATTACHMENT LIST
1. Set of PowerPoint Slides '
FISCAL NOTES
N/A
Service Priority #1
CURRENT TOPICS
Mapping the Future AND TITLES: The
Tigard Library will help
The Tigard Public Library's fulfill the community's
Strategic Plan 2005-2010 appetite for information
about popular cultural
and social trends and
their desire for
satisfying recreational
experiences.
Service Priority #3
COMMONS: The
Service Priority #2 Tigard Public Library
GENERAL INFORMATION: The Tigard provides an
Public Library helps s meet the need for environment that
ry p encourages people to 1 w
information and answers to questions on a meet and interact with
broad array of topics related to work, others in their
school and personal life. community and
participate in public
discourse about
community issues.
Service Priority #4
INFORMATION Service Priority #5
LITERACY:
The Tigard Public Library CULTURAL AWARENESS: Tigard Public
-
helps address the need 4' Library will help satisfy the desire of the
for skills to find, evaluate " community to learn more about its diverse
ar : .
and use information
effectively. cultural heritage and the cultures of others.
~1
~ T
l Y
•K v h -
~0. Y L t , i rt
141
..pping-, the
ture
a
~V w` ;Public Library's Strategic plan 2005 2010
The Tigard
w
TIGARD PUBLIC LIBRARY
13500 SW Hall Blvd., Tigard, OR 97223
STRATEGIC PLAN 2005-2010
MAPPING THE FUTURE
APRIL 2005
`s2 April 2005
x
To the Tigard Community:
You hold in your hands a compass. Instead of a needle and magnet,
this compass is made of paper and ink. Like a magnetic compass, it pro-
vides guidance and direction. Unlike a magnetic compass, this document
was created from the vision, creativity and imagination of your friends and
neighbors.
Mapping the Future, the Tigard Public Library's five-year strategic
plan, sets forth an impressive vision to help the community benefit from this
information-rich institution in our information Age. The plan seeks to antici-
pate citizens' needs and provide solutions to help people flourish in the
years ahead.
With the new facility less than a year old, this strategic plan comes at
a timely moment in the life of the library. The new building offers the com-
munity an array of services and resources. The strategic plan creates op-
portunities to make the most of those resources.
The Board has been delighted by the community's response to the
new library. Month after month since it opened, it continues to break records
for use and circulation. Based on the remarkable number of new cards is-
sued, the new library is attracting new patrons daily. We believe the strate-
gic plan will only enhance the library's usefulness to the community.
Because many citizens were involved in Mapping the Future, the re-
sults reflect community needs and wishes. The Board would like to thank
those who participated in this process. We hope you, too, are pleased with
the results.
We welcome your feedback on the plan and hope to see you in the
library!
Sincerely,
&za#v `&un.4, TJuu v • ~ba ads 93wd i, 94c -`&uw gza Tenv
9&1v v gwmanJ • Sue, XA&so*v • 93ua*v 'XxVV, • `~an&SmUk
~arv ~eu,,zeP,Z • ~idrrcan,, ~d2+t~nnatP.
The Tigard Library Board
Table Contents
Introduction 3
Tigard Library Mission Statement & Values • • 4
Service Priorities 5
Current Topics and Titles • • • • 6-7
General Information .................................................................8-9
Commons ............................................................................10-11
Information Literacy ...............................................................12-13
Cultural Awareness ....................................................................14
Tigard Public Library by the Numbers • • • 15
Community Profile .....................................................................16
Look How We've Grown ..............................................................17
Programs ................................................................................18
Helping People Help Themselves ........................19
Committee Members 20
-1-
than two years later, the community set
InAugust 2004 patrons foot in their new library building. The
Grand Opening represented the end of
were encouraged to "Expand Your
World" at the new Tigard Public Li- the quest for a new library.
brary. The Library's grand opening rep- It also represented an auspicious
resented a crossroads for the commu- beginning---the inauguration of a new
nity---an ending and a beginning. relationship between the community
For the first four years of the new and its library. That relationship has
millennium, the community's focus was warmed quickly. People became so
on the need for a new library. The exist- comfortable with their new library, they
ing library resembled a child's favorite dubbed it "Tigard's Living Room."
teddy bear---still near and dear to the Mapping the Future
community's heart but a little dog-eared In 2005, Tigard residents learned
from all the love. Shelves bulged with to expand their world in their new li-
books. Seating was at a premium. Long brary. A new library requires a new
waits for computers caused frustration. plan to become a centerpiece of the com-
Book carts created an obstacle course.
munity. This strategic plan outlines
"Space" was a foreign concept. how the library can help people succeed
Blueprint for a New Library in a fast-paced, information-driven soci-
ety. It emphasizes the library's role in
In 2000 committed citizens,
keeping people current by providing
elected officials and city staff began an
extensive effort to educate the commu- information in a variety of formats. By
nity about the constraints of the library. giving people the tools and skills to find
For every book that was added to the the information they need, the library
shelves, another one was removed. can assist them in expanding their
worlds. The new strategic plan, will
The library's strategic plan com- help guide Tigard library users to those
pleted in 2000 reflected the focus on the new worlds.
growth and additional space. It was en- This document, Mappin
g the Fu_
titled Blueprint for Tomorrow. In 2002,
Tigard voters expressed their support tore, sets the course for the Tigard Li-
for the library by passing a bond meas-
ure to build a new one. A little more years.
-3-
I
MISSION STATEMENT
The Tigard Public Library serves the Tigard community by promoting reading
and providing access to materials in all formats to meet residents'
informational, cultural, educational and recreational needs. The Library fosters
lifelong learning and provides an array of programs and services to encourage
the development of well-rounded citizens.
VALUES
Respect a variety of viewpoints and opinions and make them available to
the public in the interest of promoting a healthy democracy.
E ncourage library users to become comfortable in using information in a
wide variety of formats and instruct them in using new technologies for
information gathering.
ssist patrons in finding the information they want, when they want it and
Ain a form that is most useful to them.
Develop partnerships with the community to ensure that library services
truly respond to the needs and desires of Tigard residents.
-4-
SERVICE PRIORITIES
Based on the model detailed in the book The New Planning for Results by Sandra
Nelson, Tigard's strategic plan was developed with considerable citizen involvement. A
committee representing a broad cross-section of the community held two meetings in
November 2004 and January 2005 to create the framework for the plan. At the first
meeting the citizen committee analyzed Tigard and developed a community vision.
Committee members then identified what was needed to allow Tigard to achieve that
vision.
At the second meeting the committee examined the role the library could play in
Tigard's community vision. Several Service Priorities were identified. They are listed in
this document in order of importance as determined by the committee:
1. Current Topics and Titles
2. General Information
3. Commons
4. Information Literacy
5. Cultural Awareness
After the citizen committee met, library staff developed goals and objectives to flesh out
each of the service priorities. Staff then developed activities to achieve those objectives.
The date in parentheses after the objectives indicates target completion
date. Objectives may be achieved before that date. In many cases the
tasks will be ongoing.
-5-
SERVICE PRIORITIES
CURRENT TOPICS AND TITLES: The Tigard Library will
help fulfill the community's appetite for information about
popular cultural and social trends and their desire for
satisfying recreational experiences.
Goal 1: Goal 2:
People in Tigard will have current People in Tigard will find displays,
and popular materials in a variety Library web sites and print
of formats and languages and in resources designed to meet their
sufficient quantity to meet their expressed interests in current
information needs. topics and timely titles.
OBJECTIVES OBJECTIVES
1) To meet the demand for popular 1) Begin accompanying 90% of
items, develop a plan for each library programs with special
format to specify how many displays and promotions that
copies of a popular title will be feature our various collections.
purchased, based on the number (FY2005-06)
of patron requests on that title.
(June 2006) 2) Redesign new adult materials'
display area using face-out display
2) Increase the fund allocation to Best shelving, slat-wall shelving and
Sellers, Adult and Juvenile Audio other proven merchandising
Visual materials in all formats by a techniques. (2007)
total of 15%. (2008)
3) Develop a user-friendly format for
3) Increase circulation of materials by links from the Library's web site to
25%.(2010) information on current affairs and
titles for leisure reading. (2008)
4) Increase circulation of Spanish
language materials by 25%. (2010) 4) Develop and implement display
schedule for 2nd floor areas. (2006)
5) Increase circulation of Young
Adult materials by 15%. (2008)
6) Provide access to downloadable
Audio Books. (2007)
-6-
CMRREM' 1I01POCS AMM) YOULES
Goal 3: Goal 4:
Adults and youth in Tigard will People using Outreach Services
have programs available to them will have information and leisure
on topics of current interest to materials available to them In a
stimulate reading for personal variety of formats and languages
enjoyment and enrichment. and in sufficient quantities to
meet their needs.
OBJECTIVES
1) Provide at least one regularly OBJECTIVES
scheduled Book Discussion group 1) Develop protocols and procedures
for Adult readers. (June 2005) for identifying Outreach patrons
interested in current and popular
2) Provide at least one regularly materials. (2006)
scheduled Book Discussion group
for Young Adult readers. 2) Begin identifying Outreach
(2005-06) patrons interested in receiving
current and popular materials
3) Increase both in-library and through the Friendly Visitor
remote-site program attendance service. (Jan. 2006)
by 15% each year.
3) Provide Outreach service to native
4) Increase participation in the Youth Spanish-speaking populations,
Summer Reading Program 25%. focusing on current and popular
(2009) materials. (2007)
5) Increase participation in the Adult
Reading Program 15%. (2010)
-7-
SERVICE PRIORITIES
GENERAL INFORMATION: The Tigard Public Library helps
meet the need for information and answers to questions on
a broad array of topics related to work, school and
personal life.
6) Provide online reference "chat"
Goal 1: service at designated times during
People in the library's service the day and evening. (2008)
area will have access to a full
range of information resources to - - 1
meet their educational and Goal 2:
entertainment needs related to Library users will have access to
family, work and personal life. an expanded range of both
traditional and electronic
resources.
OBJECTIVES
1) At least 80% of library users will OBJECTIVES
get the information they need
within 24 hours. (Dec. 2006) 1) Provide access to the Internet
through the use of personal
2) Answer at least 80% of all patrons' computers via wireless
questions to their satisfaction. connection. (2007)
(Jan. 2006)
2) Subscribe to three databases in
3) At least 75% of people who use the addition to those provided
library will get the information through WCCLS. (2008)
they need in the format they
prefer. (Jan. 2007) 3) Increase the use of electronic
databases, both remotely and in-
house, by at least 15% annually.
4) At least 75% of people who ask a
question or need an answer in
Spanish will have their 4) Increase the number of library
information needs met within 24 users who access the Library's
hours. (Dec. 2008) web site by 20% annually.
5) At least 80% of people who use the
library on-site will find an
adequate number of computer
work stations to meet their
information needs. (2005)
-8-
C~C~GJCS6~lld iG'11~00 [P3fi~ilQSP~OC.7
Goal 3: - Goal 4:
Youth in Tigard will have ready Senior citizens in the library's
access to materials and service area will have access to
information in a variety of formats i information, materials and
that will allow them to develop programs in a variety of formats
basic research skills, complete that meet their educational and
homework assignments and meet entertainment needs.
their broader information needs. j
OBJECTIVES
OBJECTIVES
1) Create and implement a "Seniors'
1) Increase circulation of youth Page" for the Library's web site.
materials by 20% annually. (July 2007)
2) Develop and implement a 2) Begin to increase the number of
"Homework Help" page on the programs targeted to senior
Library's web site. (2007) citizens by 10% each year. (2006)
3) At least 75% of youth surveyed 3) At least 90% of senior citizens will
will indicate that they received or find materials, either in print or
had access to the information they online form, to meet their
needed to complete their consumer information needs.
homework assignments. (2010)
(Dec. 2008)
-9-
SERVICE PRIORITIES
COMMONS: The Tigard Public Library provides an
environment that encourages people to meet and interact
with others in their community and to participate in public
discourse about community issues.
Goal 1: Goal 2: j
The people of Tigard will have a People in Tigard will find
place to host discussions and comfortable spaces in and
various community events to around the library to meet their
meet their need for community reading, education and
interaction. information needs and to
provide opportunities for
community interaction.
OBJECTIVES
1) Increase the use of meeting rooms OBJECTIVES
by community members/ groups
by 10% each year. 1) Increase visits to the Tigard
Library by 10% annually.
2) In partnership with organizations
or individuals, provide quarterly 2) When surveyed, 90% of library
displays and exhibits designed to users will say they find library
reflect the full range of diversity in signage helpful and easy to
the community. understand. (2008)
3) Cultivate at least three community 3) Park landscaping surrounding the
groups yearly to promote library will be complete with trails
appropriate activities in the and signage designed for the
Library community room and enjoyment of visitors and the
plaza. enhancement of the library as a
gathering place. (2010)
4) At least 80 percent of people who
use the library on site will find the
space they need. (Jan. 2007)
-10-
Goal 3:
Tigard residents and visitors will
be aware of the Library as a vital
informational and cultural
institution.
OBJECTIVES
1) Within two months of moving to
the city, 75% of newcomers to
Tigard will receive welcome
packets, developed in
collaboration with other Tigard
city departments. (2007)
2) In a survey conducted annually,
65% of Tigard residents will
indicate that they know where the
Tigard Library is and have used its
services (either on-site or online)
during the past 12 months.
-11-
SERVICE PRIORITIES
INFORMATION LITERACY: The Tigard Public Library helps
address the need for skills to find, evaluate and use
information effectively.
2) Provide online catalog searching __7z Goal 1: instruction in Spanish. (2007)
The people of Tigard will learn
the skills needed to find online 3) At least 85% of patrons surveyed
information resources. will say they were able to find the
print information they needed.
OBJECTIVES (2009)
1) Increase attendance at Internet Goal 3:
searching classes 10% annually. ! The people of Tigard will learn
how to effectively determine the
2) Increase attendance at classes on validity and usefulness of the
using online database available on information they find.
WILINET 10% annually. I .
3) Offer monthly Internet searching OBJECTIVES
classes in Spanish. (2010) 1) Begin offering at least six classes
each year on evaluating web sites.
4) Begin an annual evaluation and (2006)
update resources for patrons on
finding and using online 2) Offer at least four classes annually
information. (2005) on consumer information topics.
_ (2010)
4Goal 2:
The people of Tigard will learn the 3) By June 30 of each year, create a
skills needed to find print series of both print and online aids
information resources. E to help people find the most
L~~~_ authoritative resources available
on high-demand topics.
OBJECTIVES
1) Increase the number of
participants in online catalog
searching classes by 50%. (2010)
-12-
Goal 4: Goal 5:
Tigard area senior citizens will All school-aged children of Tigard
become skilled and confident in will be aware of the electronic
using computers to access and print resources available to
resources to meet their them at the Library in order to
information needs. meet their information needs for
both school and personal
L
interests.
OBJECTIVES J
1) Offer monthly basic computer OBJECTIVES
skills classes for senior citizens.
(2006) 1) Provide all Tigard children
between the ages of 8 and 15 with
2) Offer annually a minimum of six an orientation to the library and its
Internet searching classes print and electronic resources.
specifically for senior citizens. (2010)
(2008)
2) At least 200 students (youth) will
3) At least 500 seniors will attend a attend a library-sponsored
computer class by Dec. 2007. computer class or receive some
formal instruction in the use of the
library's electronic resources.
(2008)
-13-
SERVICE PRIORITIES
CULTURAL AWARENESS: Tigard Public Library will help
satisfy the desire of the community to learn more about its
diverse cultural heritage and the cultures of others.
Goal 1: 3) Begin to increase by 10% per year
The people of Tigard will have the number of cultural resources at
access to community cultural the Tigard Library, such as
events to broaden their programs, displays, links on the
knowledge of Tigard's ethnic Library's web site and Foreign
diversity and to explore and Language books and magazines.
celebrate cultural activities. (2006)
4) In partnership with the Tigard
OBJECT 1 V E S Area Historical Preservation
1) Increase attendance at the library's Association (TAHPA), develop a
cultural programming by 10% core genealogy collection
annually. (2005-06) appropriate for a medium-sized
public library. (2007)
2) Highlight at least four different
cultural heritages each year Goal 3:
t
through cultural programs, Community and educational
displays and/or activities. groups will establish partnerships
with the Tigard Public Library to
Goal 2: ( increase the community's cultural
All people in Tigard will have awareness.
ready access to use services and
resources to gain an
understanding of their own OBJECTIVES
cultural heritage, as well as the 1) Begin to increase the library's
cultures of others. community cultural partnerships
by 10% each year. (2006)
OBJECTIVES
1) Begin to increase the public's use
of the library's local history room
by 10% per year. (2006)
2) Increase the circulation of foreign
language materials by at least 20%.
(2010)
-14-
TIGARD PUBLIC LIBRARY
BY THE NUMBERS
COMMUNITY PROFILE
,x666 Age of Tigard Residents, 2000 Diversity,
9,066. a7~ 2000 Census Data
0,278
6,000 7 Hispanic or Latino 8.90%
7,000 (of any race)
6,000 - - s esa -
o° White 85.40%
0 5,000
0 4,000 .
3.574'L"
2955 Black or African American 1.10%
3.000 2,795
2,000. American Indian/Alaskan 0.60%
1,000 Indian
o Asian 5.60%
0
o 1 ° 10 s ° o g %0 ° Native Hawaiian + Other 0.50%
Pacific Islander
Some other race 4%
Annual Household Income, 1999
4om One race 97%
3500.._.._........._...._.........
Two or more races 3.0%
3000
n 2500 . . * Note: Hispanic or Latino is considered
a moo separately by the Census because an
.
0 individual can be Hispanic or Latino and
,500
of any race.
,ooo
500..... -
0,
w° q~p4~ y yQ~ q~~ y1~~ y$ ~d9~ ,,QOM
.0 1. e 1
Education of Tigard Residents
(Age 25+), 2000
35%
30% 29%
26%
20% - 19%
,sx
10x - - - - ---6%---- -
6%
5%
0%
Or 40 zo 01
-16-
LOOK HOW WE'VE;',,
Percentage Increase of Key Activities
Aug. 2000-March 2001 Compared with Aug. 2004-March 2005
120%
100% 96.23%
80%
60% -
40.19%
40%-
27.22%
20%-
0%
Visitors New Library Cards Checkouts
Annual Circulation Per Capita
Jan.-Dec. 2000 Compared With Jan%-Dec. 2004
800,000-
750,000-
1: 700,000 - - - Cire Per Capita
« 14.90
R
650,000 -
y Circ Per Capita
E 600,000- 13.17
® 665,330
O
550,000 - -
580,189
500,000 - -
450,000
400,000-
Jan-Dec. 2000 Jan-Dec. 2004
-17-
~PR~t~~`AMS
Children and Young Adult
Program Attendance
12,000 - - - -
10,000
8,678
N
d 8,000
C 6,348 6'487
a 6,000-
4,000-
2,000 2001-02 2002-03 2003-04 Aug. 2004-March 2005
Adult Program Attendance
1400
1200 1143
1000......
d Boo-
s
664
CC 612
Q 600
400 - - - -
254
. . . .
200
0 ,
2001-02 2002-03 2003-04 Sept. 2004-March 2005
-18-
40
HELPING PEOPLE HELP THEMSE`,°
Computer Class Attendance
250
200 - - - - - - - - - 192
d
41 146
9 150 -
41
Q
100 -
52
50
21
0 -r- -
2001-02 2002-03 2003.04 Sept. 2004-March 2005
Spanish Language Materials
2500
2174
2000 - - - - -
1781
N 1628
t0
4) 1500
r
!0
g
p 1051
1000 - -
500 385 442
2000 2001 2002 2003 2004 2005
-19-
CITIZEN COMMITTEE MEMBERS
Brian Rager Nancy Irwin
City of Tigard
Mary and Mark Magee
Mickey Toft
Tigard High School Dr. Shirish Patel
Nancy Wilcox Joyce Patton
Templeton Elementary Tigard Library Foundation
John and Lynn Beard Malissa Petrov
Mary Bogert Carolyn Sawkins
Rhoda Culin Lisa Tentsch
Chief Bill Dickinson Suzan Turley
City of Tigard Tigard Library Board
Judy Edgerly Eileen Webb
Kathy Fastenau Dean Williams
Tigard Library Foundation West Coast Bank
Julie Gress Councilor Tom Woodruff
Pastor Cal Habig Susan Yesilada
Tigard Christian Church
Daniel Young
Kathy Herald-Austin
Cover Photo Credit: Sally Schoolmaster
-20-
Service Priority #1
CURRENT TOPICS
Mapping the Future AND TITLES: The
Tigard Library will help I'•
The Tigard Public Library's fulfill the community's
Strategic Plan 2005-2010 about appetite for popular cultural information
~ .......I
and social trends and
their desire for
satisfying recreational
experiences.
Annual circulation Per Capita
rnn: Doc. 2000 compared With Jnn:Doc. 2004
Service Priority #2
I GENERAL INFORMATION: The Tigard
Public Library helps meet the need for
• information and answers to questions
on a broad array of topics related to
••a work, school and personal life.
Service Priority #3 Service Priority #4
COMMONS: The r INFORMATION
Tigard Public Library provides an LITERACY:
environment that The Tigard Public
encourages people to lr Library helps address
the need for skills to find,`
meet and interact with t
1if evaluate and use
others in their
OPP
community and to a r Y 1 information effectively.
participate in public r
discourse about
community issues.
1
Computer Class Attendance
Service Priority #5
CULTURAL AWARENESS: Tigard
Public Library will help satisfy the
desire of the community to learn more
about its diverse cultural heritage and
the cultures of others.
. 2
AGENDA ITEM # W
FOR AGENDA OF April 26, 2005
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE An Ordinance Amending Title 14 of the Tigard Municipal Code Adopting
Sections AN109.4.2 through AN109.4.3 of the State of Oregon Residential Specialty Code - Fire Sprinklers for
Apartments Constructed Under the Residential Code and Including Demolition Within the Scope of the
Specialty Codes
CITY MGR OK
PREPARED BY: Gary Lampella DEPT HEAD OK
lAg
ISSUE BEFORE THE COUNCIL
Should Council approve an ordinance to adopt the provisions of Sections AN109.4.2 through AN109.4.3 of the
State of Oregon Residential Specialty Code?
STAFF RECOMMENDATION
Staff recommends approval of the ordinance adopting Sections AN109.4.2 through AN109.4.3 of the State of
Oregon Residential Specialty Code.
INFORMATION SUMMARY
On August 17, 2004, staff gave an overview to Council on the code adoption process in the State of Oregon for the
upcoming year. Part of this update included the adoption of the State of Oregon Residential Specialty Code
(ORSC) that is based on the 2003 edition of the International Residential Code. This code was adopted on April 1,
2005 and encompasses certain apartment buildings that were previously constructed under the commercial code,
the State of Oregon Structural Specialty Code (OSSC) which was adopted by the State on October 1, 2004.
Prior to October 1, 2004, the City had adopted a sprinkler provision for apartments that were constructed under the
previous OSSC. The newly adopted Oregon Structural Specialty Code now requires all apartments to be provided
with automatic sprinkler systems so the adoption of this sprinkler provision was unnecessary. However, the new
residential code will have provisions for apartment building construction within a narrow scope of work. This will
allow two-story apartment buildings to be constructed without the protection of an automatic sprinkler system.
This ordinance will essentially bring back the provision that would require apartments over one-story in height,
contain a basement, or have more than 16 units to have automatic sprinklers and also regulate altered or damaged
structures. These provisions will be status quo to what the City had in place the last several years.
The section of the residential code is adopted by the State of Oregon but only applies if specifically adopted by the
local jurisdiction.
This Ordinance also adopts the Specialty Code Name Change in accordance with OAR 918-001-0006. The
previous code was identified as the Oregon 1&2 Family Dwelling Specialty Code. The 2005 edition is now called
the Oregon Residential Specialty Code.
Previous editions of the residential and commercial structural codes included demolition of buildings within their
scope. The State of Oregon Building Codes Division, which is responsible for adopting the statewide codes, has
reviewed the scoping provisions of the two codes and has determined that they are in conflict with ORS 455.020.
Their position is the statute does not actually state that the codes regulate the demolition of buildings. Therefore,
they have eliminated demolition from the respective codes. Section (4) of ORS 455.020 states that a municipality
may enact regulations providing for the local administration of the state building codes, local appeal boards, fees
and other charges, etc. The statute does not allow a jurisdiction to enforce technical requirements that are different
than the state adopted codes, but it permits them to adopt their own administrative rules. This code section is in the
Administration chapter and falls within this permitted allowance. The State of Oregon Building Codes Division
has given authority for local jurisdictions to adopt provisions to require permits and inspections for demolition of
buildings and structures.
Some of the important issues surrounding demolition are the requirements of Clean Water Services to have erosion
control measures in place during this work; the City's responsibility to ensure sanitary, water, and sewer lines are
properly abated and capped; all electrical wiring connections have been properly disconnected; the projects are
adequately barricaded so as to not create a hazard during the demolition; and the site has been properly graded and
the debris has been removed.
OTHER ALTERNATIVES CONSIDERED
Do not adopt this and allow non-sprinklered apartments to be constructed.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
ATTACHMENT LIST
Attachment 1: Proposed Ordinance
Exhibit A: Proposed Language for TMC 14.04.030
Exhibit B: AN109.4.2 through AN109.4.3 of the State of Oregon Residential Specialty Code
FISCAL NOTES
There will be no budgetary impact on the Building Division or the City.