City Council Packet - 11/09/1981 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on
REGULAR MEETING AGENDA
7:30 an agenda item needs to sign their name on
FOWLER J 9, 1982, 7:30 OLP. the appropriate sign-up sheet(s) . If no
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM sheet is provided, ask to be recognized by
the Chair.
1. REGULAR MEETING:
1. 1 Call to Order and Roll Call
1.2 Pledge of Allegiance
1,3 Call to Audience, Staff and Council for Non-Agenda Items Under Open Agenda
2. 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 for
discussion and separate action. Motion to:
2. 1 Approve the Minutes: October 26, & November 2, 1981
2.2 Approve the Expenditures and Investments: $ 352, 195. 16
2.3 Receive Report on Moving Expenses and Remodel Work
2.4 Pass Resolution No. 81-115 Transferring Budget Funds For Moving/Remodel Costs From
Salary Savings Due To Reorganization
2.5 Designate City Administrator as City Representative To The Metropolitan Area
Communications Committee Replacing Aldie Howard
2.6 Cancel Regular Meeting of December 28, 1981 and Call December 21, 1981 Special
Meeting (vs Study Session) .
2.7 Call Special Meeting and Executive Session for November 30, 1981 at 7:30 P.M.
Relating To Personnel and Labor Relations Issues.
2.3 Call Special Meeting of City Council As Tigard Urban Renewal Agency For A
Public Hearing With The Planning Commission December 8, 1981, 7:30 P.14.
2.9 Ratify Goals and Priorities Worksheet as mailed November 6, 1981.
2.10 Ratify City Administrator Performance Evaluation Criterion as distributed Nov. 2, 1981.
2. 11 Accept Agreement With Burlington Northern For Sewer Line Crossing-72nd Ave.Bus.Park
3. CITY HALL OPEN HOUSE, Dpop- -_ 2, 1981
o Request of the Mayor.
4 . BUILDING CODE AND FEES REVISION ORDINANCE
A Recommendation of Building Official
5. LIABILITY INSURANCE RENEWAL BID AWARD AND DESIGNATION OF INSURANCE AGENT
• Recommendation of Finance Director/City Recorder
---PUBLIC HEARINGS---
6. ZONE CHANGE ANNEXATION ZCA 19-81 (McDonald Island) NPU #1&6 - A request by the City of
Tigard for an annexation into the City limits of the City of Tigard for approximate!y
229 lots between Hall Blvd. , Omara Street, 110th and Mountain View Lane. Also, a request
by the City of Tigard to change the zoning on those properties from Washington County RU-4
to City of Tigard R-7 Single Family R-sidential (Except for Wash. Co. Tax Map 2S1 11BB,
Tax Lots 100,200, 300, and 400 which will be A-12 Multi-Family Residential and Wash.
Co. Tax Map 2S2 11BB, Tax Lots 500 and 1300 which will be split between R-7 and A-12) .
® Public Hearing Opened
• Summation by Director of Public Works/Planning Director
• Public Testimony - Proponents , Opponents., Cross Examination
m Recommendation of Director of Public Works/Planning Director
• Public Hearing Closed
• Consideration by Council
• Ordinance No. 81- Adopting Zone Change and Annexation
7. ZONE CHANGE ANNEXATION ZCA 30-81 (Coles Acres) NPO #3 - A request by the City of Tigard
for an annexation into the City limits of the City of Tigard for 19 lots along SW 112th
and SW 114th, South of Gaarde Street and North of Bull Mountain Road. Also, a requ=�t
by the City of Tigard to change the zoning on those properties from Washington Caen;-.-
RU-5 to City of Tigard R-7 Single Family Residential. (Wash. Co. Tax
Map 2S1 it s�T
lots 2608, 2603, 2606, 2601, 2200, 2502, 3200, 3201, 3301 , 2301, 3300, 3400, 2500, 2502,
3302, 2400, 2300, 2401, & 2302) .
® Public Hearing Opened
• Summation by Director of Public Works/Planning Director
• Public Testimony - Proponents, Opponents, Cross Examination
a Recommendation of Director of Public Works/Planning
a Public Hearing Closed
• Consideration by Council
a Ordinance No. 81- Adopting Zone Change and Annexation
8. ZONE CHANGE ANNEXATION ZCA 31-81 (Chatterly) NPO #5 - A request by the City of Tigard for
an annexation into the City limits of the City of Tigard for 1 lot located at 14575
SW 79th. Also, a request by the City of Tigard to change the zoning of that property
from Washington County RU-4 to City of Tigard R-7 Single Family Residential. (Wash.
Co. Tax Map 2S1 12B, Tax Lot 4000) .
• Public Hearing Opened
• Summation by Director of Public Works/Planning Director
• Public Testimony - Proponents, Opponents, Cross Examination
• Recommendation of director of Public Works/ Planning llirector.
• Public Hearing Closed
• Consideration by Council
• Ordinance No. 81- Adopting Zone Change and Annexation
9. ZONE. CHANGE ANNEXATION ZCA 32-81 (Smith) NPO Cpl - A request by the City of Tigard for an
annexation into the City limits of the City of Tigard for one lot located at 10475 SW
McDonald. Also, a request by the City of 'Tigard to change the zoning of that property
from Washington County RU-4 to City of Tigard R-7 Single Family Residential. (Wash. Co.
Tax Map 2S1 2C, Tax Lots 3100.)
a Public Hearing Opened
r Summation by Director of Public Works/Planning Director
• Public Testimony - Proponents, Opponents, Cross Examination
• Recommendation of Director of Public Works/Planning Director
• Public Hearing Closed
• Consideration by Council
a Ordinance No. 81- Adopting Zone Change and Annexation
10. ZONE CHANGE ANNEXATION ZCA 33-81 (Sanders) NPO #6 - A request by the City of Tigard for an
annexation into the City limits of the City of Tigard for four lots located at Pacific
Highway and Naeve Road. Also, a request by the City of Tigard to change the zoning of
that property from Washington County RU-4 to City of Tigard R-7 Single Family Residential
for Wash. Co. Tax Map 2S1 10D, Tax Lots 1200 and A-12 PD Multi Family Residential Planned
Development for Wash. Co. Tax Map 2S1 IOD, Tax Lots 600 and 700 and Tax Map 2S1 10A, 'Tax
Lot 4600.
• Public Hearing Opened
• Summation by Director of Public Works/Planning Director
• Public Testimony - Proponents, Opponents , Cross Examination
• Recommendation of Director of Public Works/Planning Director
o Public Hearing Closed
• Consideration by Council
• Ordinance No. 81- Adopting Zone Change and Annexation
11. COMMUNITY DEVELOPMENT BLOCK GRANT HEARING: A hearing to receive c ,n -lunity and staff
proposals for 1983-85 Community Development Block Grant Cycle. Al, proposals were to
be submitted to City Hall by 11-3-81.
e Public Hearing Opened
• Summation by Administrative Assistant
e Public Testimony
• Recommendation by Administrative Assistant
• Public Hearing Closed
• Consideration by Council.
---CLOSE PUBLIC HEARINGS---
12. CABLE COMMUNICATIONS BID AWARD - MACC -- Information only - no action
a Recommendation by City Administrator
COUNCIL AGENDA - NOVEMBER 9, 1981
�1
13. LERON HEIGHTS SEWER CONTRACT SUIT
® Report by City Administrator.
14. LEGAL FEES AND WORKLOAD
o Report by City Administrator and City Attorney
15. RECALL ELECTION ORDINANCE
® City Attorney
16. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under item 1.3
will be discussed at this time. All persons are encouraged to contact the City
Administrator prior to the meeting.
17. ADJOURNMENT
PAGE 3 - COUNCIL AGENDA - NOVEMBER 9, 1981
T I G A R D C I T Y C 0 U N C I L
REGULAR MEETING MINUTES , NOVEMBER 9, 1981 , 7 : 30 P .M.
1 . ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen Tom Brian (arrive at
7:46 P.M.) , John Cook, Kenneth Scheckla; Director of Public Works/
Planning Director, Frank Currie; Finance. Director/City Recorder,
Doris Hartig; City Administrator, Robert W. Jean; Legal Counsel,
Ed Sullivan; Office Manager, Loreen Wilson.
2. CALL TO AUDIENCE, STAFF AND COUNCIL FOR NON-AGENDA ITEMS UNDER OPEN AGENDA
(a) City Administrator requested Council consider the following items under open
agenda at the end of the meeting:
(1) Cancelling the November 16, 1981, Study Session Council meeting due to
lace, of quorum.
(2) Approve progress payment requests from LID's
3. APPROVE THE MINUTES: October 26th & November 2, 1981.
(a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council present.
4. APPROVE THE EXPENDITURES AND INVESTMENTS: $352,195. 16.
(a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council present.
5. RECEIVE REPORT ON MOVING EXPENSES AND REMODEL WORK
(a) Motion by Councilman Cook, seconded by Councilman Scheckla to receive.
Approved by unanimous vote of Council present.
6. RESOLUTION No. 81-115 A RESOLUTION OF THE TIGARD CITY COUNCIL TRANSFERRING FUNDS
FOR EXPENDITURES WHICH WERE UNFORESEEN AT THE TIME OF
BUDGET ADOPTION.
(a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council present.
7. DESIGNATE CITY ADMINISTRATOR. AS CITY REPRESENTATIVE TO THE METROPOLITAN AREA
COMMUNICATIONS COMMITTEE REPLACING ALDIE HOWARD.
(a) Motion by Councilman Cook, seconded by Councilman Scheckla to appoint
Robert Jean as MACC representative from the City of Tigard.
Approved by unanimous vote of Council present.
8. CANCEL REGULAR MEETING OF DECEMBER 28, 1581 AND CA12L DECEMBER 21 , 1981 SPECIAL
14EETING (vs. Study Session) .
(a) Motion by Councilman Cool:, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council present.
9. CALL SPECIAL, MEETING AND EXECUTIVE SESSION FOR NOVEMBER 30, 1981, 7:30 P.M.
RELATING TO PERSONNEL AND LABOR RELATIONS ISSUES.
(a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council present.
10. CALL SPECIAL MEETING OF CITY COUNCII. AS TIGARD URBAN RENEWAL AGENCY FOR A PUBLIC
HEARING WITH THE PLANNING COMMISSION DECEMBER 8, 1981, 7:30 P.M.
(a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve.
Approved by unanimous vote of Council present.
11 . RATIFY GOALS AND PRIORITIES WORKSHEET AS MAILED NOVEMBER 6, 1981.
(a) Motion by Councilman Cook, seconded by Councilman Scheckla to ratify.
Approved by unanimous vote of Council present.
12. RATIFY CITY ADMINISTRATOR PERFORMANCE EVALUATION CRITERION AS DISTRIBUTED
November 2, 1981.
(a) Motion by Councilman Cook, seconded by Councilman Scheckla to ratify.
Approved by unanimous vote of Council present.
13. ACCEPT AGREEMENT WITH BURLINGTON NORTHERN FOR SEWER LINE CROSSING 72ND AVENUE
(a) Motion by Councilman Cook, seconded by Councilman Scheckla to accept agree-
ment.
Approved by unanimous vote of Council present.
14. CITY HALL OPEN HOUSE, DECEMBER 2, 1981.
(a) Mayor Bishop requested that City Hall hold an open house on December 2, 1981,
to allow the public the opportunity to view the new offices.
City Administrator noted that the new location is a more productive environ-
ment and suggested having the open house from 3:00 P.M. until 7:00 P.M. on
that date. He stated that there would be some invitations mailed to the
citizens and notification placed in the newspaper.
(b) Consensus of Council was to hold the open house on the 2nd of December.
PAGE 2 - COUNCIL MEETING MINUTES - November 9, 1981
COUNCILMAN BRIAN ARRIJED: 7:46 P.M.
15. BUILDING CODE AND FEES REVISION ORDINANCE
(a) City Administrator requested Council table this matter until further notice
as there are more revisions to be made.
Consensus of Council was to table indefinitely.
16. LIABILITY INSURANCE RENEWAL BID AWARD AND DESIGNATION OF INSURANCE AGENT.
(a) Finance Director/City Recorder intmoduced Brian Dooney who is the person
the staff is recommending for appointment as insurance agent for the city.
(b) Mr. Brian Dooney, Leonard Adams Company, asked Council if they had any
questions regarding the insurance coverage for the City in the past or
currently.
(c) After Council asked questions regarding the type of coverage extended to
the City this year vs last Year. City Admini.Gtratnr reported
hat the
would be receiving broader coverage with Mr. Dooney ata cost tsavings ofty
$7,000 over the League of Oregon Cities quote. He recommended approval.
(d) The following insurance quotations were received: Gulf Insurance Company
$20,252 and Marsh & McClennan $27,448. 15.
(e) Motion by Councilman Brian, seconded by Councilman Cook to appoint Brian
Dooney as the agent of record for the City and award the bid to Gulf
Insurance in the amount of $20,252.
Approved by unanimous vote of Council present.
17. CABLE COMMUNICATIONS BID AWARD - MACC
(a) City Administrator reported that the MACC franchise proposed agreement was
included in packets for Council study. He noted that the final approval would
not be required on this item until the December study session. He advised
Council that the adoption of the franchise could be done by resolution per
Ordinance No. 79-84 and stated that before the December study session,
Liberty and Storer would be notified of the meeting.
(b) Councilman Scheckla asked staff if the City would still be able to withdraw
from I"I�1CC. Legal Counsel reported that until the City entered into the
franchise by passage of a resolution next month, that the City had the
option to withdraw from MACC. He further explained that if the City with-
drew from MACC that his opinion was that the City would have to go out for
bid again before awarding the franchise to anyone.
8:00 P.M. PUBLIC HEARINGS
18. ZONE CHANGE ANNEXATION ZCA 19-81 (McDonald Island) NPO #1 & 6 - A request by the
-.
City of Tigard for an annexation into the City limits of the City of Tigard for
+fit approximately 229 lots between Hall Blvd. ,O'Mara Street, 110th and Mountain View
PAGE 3 - COUNCIL MEETING MINUTES - November 9, 1981
Lane. Also, a request by the City of Tigard to change the zoning on those
properties from Washir_gton County RU-4 to City of Tigard R-7 Single Family
Residential (Except for Wash. Co. Tax Map 2S1 11BB, Tax Lots 100, 200, 300 and
400, which will be A-12 Multi--Family Residential and Wash. Co. Tax Map 2S1
11BB, Tax Lots 500 and 1300 which will be split between R-7 and A-12) .
(a) Public Hearing Opened
(b) Director of Public Works/Planning Director stated this ordinance would ratify
Boundary Commission action and change the zoning to the Comprehensive Plan.
(c) Public Testimony:
Mr. John Butler, 9760 S.W. O'Mara, questioned Council regarding date annexa-
tion is effective, when the annexation would be reflected on the tax bill,
date the electors could vote on city issues.
Council and staff answered the questions and noted that upon filing by the
Secretary of State the area would be in the City limits and eligible for
police protection.
(d) Director of Public Works/Planning Director recommended approval.
(e) Public Hearing Closed.
(f) ORDINANCE No. 81-100AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE
BOUNDARY COMMISSION, ORDER No. 1769, AND ADOPTING
FINDINGS WITH RESPECT TO AN A.14ENDMENT TO THE 1970
ZONING NEAP OF THE CITY OF TIGARD TO CONFORM WITH THE
NPO #1 & 6, PLAN AS ADOPTED AND DECLARING AN EMERGENCY
AND FIXING AN EFFECTIVE DATE.
(g) Mayor Bishop asked what the effect of the ordinance not passing tonight would
have on the property.
(h) Legal Counsel reported that by the Boundary Commission actions the property
would legally be in the City limits and eligible for all City services, how-
ever, the property would retain County zoning until the second reading of
the ordinance was approved.
(i) Motion by Councilman Cook, seconded by Councilman Brian to adopt.
(j) Mayor Bishop stated that this annexation request went to the Boundary Review
Commission by a 3-0 vote of Council and that it is a known fact he does not
support forced annexations. He does, however, wish the city to become
geographically organized and wants a feeling of unity. At this time he must
vote against the island annexation.
Ordinance No. 81-100 failed on its first reading by a 2-2 vote, Councilman
Scheckla and Mayor Bishop voting nay. Ordinance will require another first
reading and is scheduled for November 23, 1981.
PAGE 4 - COUNCIL MEETING MINUTES - November 9, 1981
19. ZONE CHANGE ANNEXATION ZCA 30-81 (Coles Acres) NPO #3 - A request by the City of
Tigard for an annexation into the City limits of the City of Tigard for 19 lots
along S.W. 112th and S.W. 114th, South of Gaarde Street and North of Bull Moun-
tain Road. Also, a request b
properties from Washington County eRU14yt-ofCityaof Singleing
Residential (Wash. Co. Tax Map 2SI 10A, Tax Lots 2608, 2603, 2606, 2601 ,2200,2502,
3200,3201 ,3301 ,2301 ,3300,3400,2500,3302,2400,2300,2401, and 2302.)
(a) Public Hearing Opened
(b) Director of Public Works/Planning Director stated that this was a 19 lot
island annexation and the zone change is according to the NPO MP3 Plan.
(c) Public Testimony
No one appeared to speak
(d) Director of Public Works/Planning Director recommended approval.
(e) Public Hearing Closed.
(f) ORDINANCE No. 81-101 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUND-
ARY COMMISSION, ORDER No. 1760, AND ADOPTING FINDINGS
WITH RESPECT TO AN AMENDMENT TO THE 1970 7_ONING MAP OF
THE CITY OF TIGARD TO CONFOR4 WITH THE NPO #3 PLAN AS
ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN
EFFECTIVE DATE.
(g) Motion by Councilman Brian, seconded by Councilman Cook to adopt.
Approved by 3-1 majority vote of Council present, Councilman Scheckla vot-
ing nay.
Ordinance No. 81-101 will require a second reading on November 23, 1.981.
20. ZONE CHANGE ANNEXATION ZCA 31-81 (Chatterly) NPO #5 - A request by the City of
Tigard for an annexation into the City limits of the City of Tigard for one lot
located at 14575 S.W. 79th. Also, a request by the City of Tigard to change the
zoning of that property from Washington County RU-4,
Family Residential. (Wash. to City of Tigard R-7 Single
Ca. Tax Map 2S1 12B, Tax Lot 4000) .
(a) Public Hearing Opened
(b) Director of Public Works/Planning Director reported that this was a single
lot annexation and zone change would conform to NPO #5 Plan.
(c) Public testimony.
No one appeared to speak.
(d) Director of Public Works/Planning Director recommended approval.
(e) Public Hearing Closed.
(f) ORDINANCE No. 81-102 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUND-
ARY COMMISSION, ORDER No. 1761 , AND ADOPTING FINDINGS
WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF
THE CITY OF TIGARD TO CONFORM WITH THE NPO #5 PLAN AS
PAGE 5 - COUNCIL MEETING MINUTES -- November 9, 1981
agof
ADOPTED AND DECLARING AN EMERGENCY.
(g) Motion by Councilman Cook, seconded by Councilman Brian to adopt.
Approved by unanimous vote of Council present.
21 . ZONE CHANGE ANNEXATION ZCA 32-81 (Smith) NPO #1 - A request by the City of Tigard
for an annexation into the City limits of the City of Tigard for one lot located
at 10475 S.W. McDonald. Also, a request by the City of Tigard to change the zon-
ing of that property from Washington County RU-4 to City of Tigard R-7 Single
Family Residential. (Wash. Co. Tax Map 2S1 2C, Tax Lots 3100) .
(a) Public Bearing Opened
(b) Director of Public Works/Planning Director reported that this was again a
one lot annexation and zoning would conform with NPO # 1 Plan.
(c) Public Testimony.
No one appeared to speak.
(d) Director of Public Works/Planning Director recommended approval.
(e) Public Hearing Closed
(f) ORDINANCE No. 81-103 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUND-
ARY COMMISSION, ORDER No. 1763, AND ADOPTING FINDINGS
WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF
THE CITY OF TIGARD TO CONFORM WITH THE NPO #1 PLAN AS
ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN
EFFECTIVE DATE.
(g) Motion by Councilman Brian, seconded by Councilman Cook to adopt.
Approved by 3-1 majority vote of Council present, Councilman Scheckla voting
nay.
Ordinance No. 81-103 will require a second reading on November 23, 1981.
22. ZONE CHANGE ANNEXATION ZCA 33-81 (Sanders) NPO #6 - A request by the city of
Tigard for an annexation into the City limits of the City of Tigard for four lots
located at Pacific Highway and Naeve Road. Also, a request by the City of Tigard
to change the zoning of that property from Washington County RU-4 to City of Tigard
R-7 Single Family Residential for Washington County Tax Map 2S1 IOD, Tax Lots
1200 and A-12 PD Multi Family Residential Planned Development for Wash. Co. Tax
Map 2S1 IOD, Tax Lots 600 and 700 and Tax Map 2S1 10A, Tax Lot 4600.
(a) Public hearing Opened.
(b) Director of Public Works/Planning Director reported that this annexation was
for four lots near Pacific Highway and Naeve Road and would conform with the zon-
ing in NPO #6 Plan.
(c) Public Testimony.
PAGE 6 - COUNCIL MEETING MINUTES - November 9, 1981
No one appeared to speak.
(d) Director of Public Works/Planning Director recommended approval
(e) Public Hearing Closed.
(f) ORDINANCE No. 81-104 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE
BOUNDARY COMMISSION, ORDER No. 1759, AND ADOPTING FIND-
INGS WITH RESPECT TO AN AMENDIMENT TO THE 1970 ZONING
MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO #6
PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN
EFFECTIVE DATE.
(g) Motion by Councilman Cook, seconded by Councilman Brian to adopt.
Approved by 3-1 majority vote of Council present, Councilman Scheckla voting
Nay.
Ordinance No. 81-104 will require a second reading at the November 23, 1981
meeting.
23. COMMUNITY DEVELOPMENT BLOCK GRANT HEARING: A hearing to receive community and staff
proposals for 1983-85 Community Development Block Grant Cycle. All proposals were
to be submitted to City Hall by November 3, 1981.
(a) Public Hearing Opened.
(b) Administrative Assistant reported that the Community Development Block Grants
would be funded 1983-85 and that this was the time to submit any requests
the City might have for monies during that funding period.
(c) Public Testimony
No one appeared to speak.
(d) Administrative Assistant, Linda Sargent, recommended submitting requests for
funding for the following: Summerlake Park, Downtown/Fanno Creek Program,
Senior Center Expansion.
(e) Public Hearing Closed.
(f) City Administrator noted his agreement with Administrative Assistant's recom-
mendation and stated that this must be submitted to the Policy Advisory Board
of CDBG by November 30, 1981.
(g) After discussion regarding the requests being submitted, Councilman Scheckla
moved to prepare all three grant applications and submit by November 30,
1981. Motion seconded by Councilman Brian.
Approved by unanimous vote of Council present.
PAGE 7 - COUNCIL MEETING MINUTES - November 9, 1981
24. LERON HEIGHTS SEWER CONTRACT SUIT
(a) City Administrator referred to his memo and reported that as staff or
Council we can resolve the issue, however, it would be best settled by a
judgement of the Court and recommended that Legal Counsel pursue to a
declaratoryjudgement.
(b) Legal Counsel and City Council agreed with the recommendation.
25. LEGAL FEES AND WORKLOAD
(a) City Administrator stated that the previous legal budget was a minimum
figure since the City had not been requiring major changes to its codes
and staff reorganization. The 1981-82 budget shows $30,000 for legal fees,
however, at the current rate of use and cost projections, this fiscal year
expense would be $83,646. He went through the expense projections with
Council and discussed areas where the City could cut down on the expenses
for legal services. He felt that $65,000 to $70,000 would be spent this
year due to the code and organization revisions and that next year $50,000
should be adequate to fund legal services.
(b) Councilman Scheckla noted that though the fee increase is rather large,
he was extremely impressed with the work completed by the attorney.
(c) City Administrator stated that there was no need for action now, however,
this issue would be addressed later in the budget year for fund transfers.
26. RECALL ELECTION ORDINANCE
(a) Legal Counsel reported that a recall election needs to be called since the
Elections Department of Washington County has determined that there are
sufficient signatures on the petitions. He suggested that Council select
a date between November 23 and 27th (excluding the 26th which is Thanksgiving) .
He also stated that a resolution could be passed to hold the election, how-
ever, in the past an ordinance has been adopted by Council. He noted that
City Charter and State Law required Council to call an election.
(b) Councilman Brian stated that he appreciated the summation of the issues
offered by the Attorney and the explanation of the responsibility of Council
at this point and feels that an election must be called. He recommended
that Tuesday, November 24, 1981, be called as the election date, and request-
ed that an Ordinance be adopted since that is the mode of enactment chosen
in the past.
(c) ORDINANCE No. 81-105 AN ORDINANCE ORDERING THE TIME, MANNER AND MEANS FOR
A SPECIAL ELECTION TO BE HELD TO DETERMINE WHETHER
THE PEOPLE WILL RECALL MAYOR WILBUR BISHOP.
(d) Motion by Councilman Cook, seconded by Councilman Brian, to adopt Ordinance
No. 81-105 with November 24, 1981, inserted in the appropriate sections as
the date of the election.
PAGE 8 - COUNCIL MEETING MINUTES - November 9, 1981
(e) Mayor Bishop advised Council and staff that he has requested an injunction
against the calling of the election because of the violations of the elec-
tion laws by the petitioners. He advised Council of the names and statements
from some of the signers and potential_ signers of the petition regarding the
charges of misrepresentation, fraud and deceit.
(f) Councilman Brian asked Legal Counsel to review Council 's legal requirements
for setting the recall election.
(g) Legal Counsel stated that the City Council has the obligation by constitution
to set elections. He felt that the issue of irregularities is a subject the
Secretary of State and criminal prosecution should address. The City has an
administrative duty to hold the election. The City Council or Legal Counsel
should not try the facts of the issue, only the court can do that.
(h) Mayor Bishop stated that if the petitions had been presented in a proper
manner, then he would not have any problems with calling an election. He
stated that it the election date was not resolved this evening he would
call a special meeting for the 12th.
Motion to adopt Ordinance No. 81-105 failed by a 2-2 majority vote of Council
present. Mayor Bishop and Councilman Scheckla voting nay.
(i) Mayor Bishop officially called a special Council meeting for November 12,
1981, at 7:30 P.M. at Fowler Junior High School Lecture Room to consider
calling a recall election.
27. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under
item 1.3 will be discussed at this `ime. All persons are encouraged to contact
the City Administrator prior to the meeting.
(a) City Administrator requested that Council cancel the November 16th study
session meeting since there will not be a quorum of Council present.
Consensus of Council was to cancel the November 16, 1981 meeting.
(b) Director of Public Works/Planning Director requested the following bills
be approved for payment:
S.W. Tiedeman Avenue LID - Tobey's Excavators $20,965.98
Harris & McMonagle 2,472.60
S.W. Knoll Drive LID - Future West Const. 1,206.50
Harris & McMonagle 646.00
74th Avenue LID - James M. Montgomery 1,458.00
S.W. Hampton Street LID - Frady Construction Co 80,941 .23
TOTAL REQUEST $107,690.31
Motion by Councilman Cook, seconded by Councilman Brian to approve payment in
the amount of $107,690.31 .
28. ADJOURNMENT: 9:40 P.M.
City Recorder - City igard
Mayor - City of Tigard
PAGE 9 - COUNCIL MEETING MINUTES - NOVEMBER 9, 1981
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, I ss.
L ., JOHN...TJ.-..,MARL NG_......_._...._.. - .._...... ...... .
being first duly sworn, depose and say that I am the publisher ..-.......
. .. . of The Tigard Times, a newspaper of general circulation, as defined
by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and
state; that the legal notice, a printed copy of which is hereto annexed, was
published in the entire issue of said newspaper for _.__] ._._ _..... successive and
consecutive weeks in the following i su s ..--November 5 j 981
_.. .... ...__ �.�. ..............
---
---..............-- - ..........---------------
..
--.. . �
(Signature)
Subscribed and sworn to before m his .__._.....- ._
_... day of ............
�ir?Kz/ 19.-... 1
Nco�tary Public of Oregon
My commission expires ........................ -5. .... 190.5
l;£GALL-fdOnCE,
T`he_i�sllc��y3o$soler ed gmsla:itemsariez vubllshdd for"your information.
1*t-rt3i r*r otxoatlrnt ftW age>Q s maybe ubi eid lrozft the CiW.Re6rder,
A>k`.Ave6ba-T;T.;gaM�Oa r,97223,or by CalWig 630 4171.
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i PAYMENT 01" BILLS FOR COUNCIL APPROVAL
PROGRAM B?JDCT.T OCTOBER 31, 1981
Communi.ty Pro tec tion
Police =84q.1�
Public Works 10,310.16
Municipal Court 200.23
Planning 396.43
Building 670.85
Total Community Protection 18.42 .86
Home & Community Quality
Public Works
�8
Social Services
Library 5 �0
Aged Services 31 _99
Youth Services 336.91
Historical
Total Social Services 3. 4 n
Policy & Administration
Mayor & Council 127.58
Administration 1.4 4...10 _
Finance 1 ,157_&7
Total Policy & Administration 2-_749.55
City Wide Support Functions
Non-departmental 17.245.64 _
Misc. Accounts (refunds & payroll deductions, etc.) 97,4AI 54
CAPITOL BUDGET
Community Protections
Road Acquisition & Dev.
Parks Acquisition & Dev. 3,535 OA
Storm Drainage
Total Community Protection _ 3055 00
Support Services
Building Improvements
DEBT SERVICE
General Obligation Bond
t` Bancroft Bond and LID Expenses 217.266.65
UNIFIED SEWERAGE AGENCY
Contract
56.695 OS
TOTAL AMOUNT OF CHECKS WRITTEN 52_195,16
November 5, 1981
MEMORANDUM
To: City Council
w
From: Frank Currie, Director of Public Works/Planning Director���c_
Subject: City Hall Relocation and Expenses
City Hall moved on October 29 through 31 to the Crow Engineering offices. Staff
is in the process of trying to "settle in" to our new location. Our new
address is 12755 SW Ash Avenue and we are open for business even though there are
still boxes to unpack.
There was some remodeling which had to be done to the new City Hall facilities
to make the building fit our needs. Most of this work was done by the Public
Works crew, however, there were still costs which need to be set out for your
information. The remodel costs were for the following items: (a) a room was
prepared upstairs for the computer which required a window, static free mats,
and additional wiring which was done by outside contractors (see d) ; (b) wall
partitions were removed downstairs and new doors and walls installed for Building,
Planning and Engineering; (c) a wall and new door and shelving was installed for
a secure "central stores" upstairs; (d) rewiring was required for the xerox machine
which was again done by an outside contractor) . The overall incumberance for the
move and remodeling was $8,628. A resolution will be presented Monday evening,
November 9, 1981 to transfer funds for the expenses incurred in the move .
Feel free to come down to our offices anytime and let us give you the "grand tour.".
We are excited about the new building, more space and lots of windows. This is a
real step forward for the City.
io
October 21, 1981
Mayor and City Council
City of Tigard, Oregon
SUBJECT: Performance Evaluation Criterion
Honorable Persons:
I understand the following to be our mutually agreed upon
evaluation criterion and process:
1. Major goals for period (Initial hire at 9/1/81, Coaching
Review about 12/1/81 and Performance Review around 3-1-81) :
® Tom Brian - Conduct an evaluation of staffing patterns
and organizational alignments. Present an assessment
of workload and performance levels.
o Nancy Stimler - Review the CDBG Block Grant process .
Present Council with application recommendations and
report on process.
* Wilbur Bishop - Evaluate physical space needs both
long-t�_,rm and short-term: Administration, Police
and Library. Work with Civic Center Committee and
report to council
® John Cook - Review and evaluate the LID process
with council. Conduct workshop to develop overall
strategy and policy on „GeC .
® Ken Sheckla - Activate NPO's and increase involvement
of Boards and Commissions .
0 Bob Jean - Monthly contact with each Councilor one on
one. . . Meet one new Community Group every two weeks. . .
Try for new Group each week. . . Begin development and
implementation of overall management and control system. . .
Review and recommend long-term strategic planning issues. . .
l
Performance Evaluation Criterion (continued)
As a
art of
2. summarize the the
Councilworkshop/retreat
develoowau
p, I am to
ranking worksheet. The worksheet is to bep
riority
to Council presented
for ratification on NoveirLber 2, 198
sooner, and after Council a L 1 or
mech
ember Of each Board or Commission .d1Scorestare otoabe
charted and presented for discussion at the November
26, 1981 Council meeting. All members of all Boards ,
Commissions, Committees and NPO 's are to be invited to
discuss final priority rankings with Council.
3. Helen Terry's performance evaluation model as attached
Will be the basis of Our future progress report/coaching
review at the 3rd month and for our formal performance
evaluation at the 6th month. Helen 's memo is attached
to this letter. Helen Terry will be involved at the
3 month coaching review and at the 6 month performance
review. Involvement of the third party consultant beyond
this period can be discussed at the March review.
On a personal note, I do want to thank each of you
commitment of time and energy to make this work. for the
Working
together is hard work. If we can learn to resolve the
short-term conflicts while pursuing the real long-range
issues, we cannot help but to better serve the community.
Yours truly,
Ro rt W. Jean
City Administrator
cc: Helen Terry
RWJ: ij
October 12, 19$1
Bob Jean
City Administrator
City of Tigard
Tigard, OR 97223
Dear Bob:
Enclosed is a "draft" of the performance evaluation "model" we discussed
S!_!nday evening. I 've also included a brief page of instructions on pre-
paring for the appraisal itself, along with a sheet which defines some
potential rating problems. Please use this material as you see best
in meeting my obligation to you and the council .
Of course, 1 will be happy to finalize this material after all have a
chance to review/edit it. . . however, if only minor typing changes are
needed, it would be more cost effective for you to have it done there.
Best regards ,
Helen Terry
P.S. if you and the council members decide to have me back for the
actual appraisal interview, that cost will be billed separately at
$25.00 per hour.
PREPARING FOR THE EVALUATION
{
1 . List goals/timelines for completion. If long-term, break into
sub-goals and estimate percent to be completed this rating period.
2. Carefully review the definitions for performance dimensions.
Record specific, observed behaviors in each dimension. Record
both positive and negative behavioral examples as they occur for
later transfer to the rating form. Feel free to add to the
"definition" language as appropriate.
3. Employee completes this portion in advance of the appraisal interview.
4. This topic to be "negotiated" at the appraisal interview, based on
performance deficiencies noted.
5. Employee completes this portion, based on (4) above.
6. Employee should take the initiative in "contracting" for whatever
assistance is needed to meet goals and objectives or improve job
performance traits.
7. New goals and projects (with timelines for completion) should be
negotiated at the time of the appraisal interview, or shortly
thereafter, as these form the basis for the next appraisal .
POTENTIAL RATING PROBLEMS
When discussing and quantitatively evaluating the job-related strengths
and weaknesses of the employee, the basic task of rators is to interpret
the considerable amount of information available in light of the behaviors
exhibited on the job and the definitions of the relevant performance
dimensions. Below is a discussion of most of the problems and errors which
frequently plague this evaluation process.
The first of these common errors has been labeled the "halo effect."
This means that an overall impression, either favorable or unfavorable,
is obtained based on only a portion of the total information available
and that this impression is used as a guide for the ratings of all per-
formance dimensions. For example, some gators may make the mistake of
basing all of the separate scale ratings primarily upon an employee's
oral communication skills. The fact that the remaining factors are
thoroughly defined should lessen the likelihood that this will occur, but
it is still a problem to be anticipated. This error will usually result from
a rator being extremely favorably or unfavorably impressed with one or two
qualification areas and ignoring information pertinent to others . Lack of
training, personal bias, and carelessness are some of the causes of this
problem. The halo effect can be regarded as one form of differentially
weighting the performance dimensions, with that dimension which is the key
to the extremely positive or negative overall impression in effect carrying
undue weight.
Central tendency and leniency are two chief sources of restriction of the
range and variability of ratings of any performance dimension. Raters who
are inexperienced, or unmotivated to do an adequate job sometimes put their
rating in the center of the scale rather than varying them in accordance
with real differences among the factors evaluated. Leniency is a tendency
with comparable effects. In this instance, ratings tend to be restricted
toward the upper end of the scales with lessened variability again being
the result. The factors listed above as possible sources of central tendency
also apply to leniency. In addition;, a naive interest in "being kind" or of
protecting oneself from criticism can be a source of "leniency." Opposite
to leniency is a problem labeled severity, the tendency to restrict ratings
at the lower end of the scales. Although severity is less common and the
reasons for it most likely different from those behind leniency, its effects
are essentially the same. Severity might result , for example, in the case
of a rator who believes that "too damned -few of these employees are the same
cut as we used to get in here."
"Deficiency" is the error of ignoring or overlooking information which is
relevant to any performance dimension. Individual scale ratings which over-
emphasize only one item of relevant information may suffer from deficiency.
The performance dimensions are defined in such a way as to require con-
sideration of a variety of data. Thus, the ratings to be assigned are
vulnerable to this effort. The best safeguard is thorough familiarity with
the performance dimensions and periodic review to assure that they are still
important.
VIER
-2- Potential Rafting Problems
A rating is contaminated if it is based on information or factors which are
not relevant to the performance dimension in question.
Another common source of error is the projection effect, which means that the
rator is putting his/her own value system into the rating situation and
saying, in effect, that only a duplicate of him/herself can be successful .
In this case, the rator matches an employee's status with regard to a
variety of (possible non-job-related) factors such as appearance, voice,
and social life style with his/her own or with some idiosyncratic ideal .
t
MANAGEMENT PERFORMANCE EVALUATION
Name Position/Dept.
Date Rating Period to
-----------------------------------------------------------------------------------
1 . List major goals/projects to be undertaken this period: % Compl .
(Continue on supplemental page(s) as required.)
-----------------------------------------------------------------------------------
t 2. Rate candidate in following performance dimensions .
(See definitions) S NI
Oral Communications
Written Communications
Leadership
Problem-Solving/Decision Making
Innovation/Ingenuity/Creativity
Planning/Organization
Interpersonal Sensitivity
Interpersonal Sensitivity
Management Control
Adaptability/Flexibility
Stress Tolerance
Other:
2. Performance Dimensions (continued. . .)
Record "well-dove's" and where improvement is needed in each of the
performance dimensions .
3. Employee training/self-development programs undertaken and/or completed:
1
4. Areas still needing to be strengthened:
5. Employee plans for improvement (based on 4, above) :
6. Superior's help needed in these areas:
7. List goals/projects, and timelines, for next review period:
(Continue on supplemental page(s) as required.)
Comments:
1,
Employee Rater
PERFORMANCE DIMENSIONS - DEFINITIONS
Oral Communications
Ability to speak in a clear, understandable manner so that the listener
grasps the message. Skill in developing and presenting material orally.
Presents self in a positive manner, is persuasive, and gives simple and
logical explanations of complicated problems when speaking before groups
of people.
Is able to summarize and justify effectively. Draws others into conver-
sations, elicits -feedback, and really listens to what others have to
say. Has a good command of the English language, i.e. , grammar, word
fluency, sentence structure, phraseology. Effective in presenting ideas
or tasks to an individual or group (includes gestures and nonverbal
communications).
Written Communications
Ability to express one's ideas and reasoning clearly in writing and in
good grammatical form. Can effectively organize, prepare, and present
memoranda, letters, and reports suitable to the individual or group for
which it is intended. Ideas are expressed in a concise, factual, and
sequential manner with smooth transitions between thoughts.
Leadership
Effectiveness in getting ideas accepted and in guiding and motivating a
group or an individual toward the accomplishment of a task or goal.
Stimulates others to achieve successful patterns of independent func-
tioning. Ability to control and influence individuals so as to focus on
a particular issue or arrive at a solution to a problem. Has the self-
confidence and assertiveness to encourage cooperative attitudes and
instill confidence in others, overcome negative factors, and deal with
conflict in an open and positive manner.
Problem-Solving/Decision-Making
Ability to identify a problem, secure the necessary relevant infor-
mation, interpret and analyze the situation, evaluate alternative solu-
tions, recognize the possible ramifications and impact of solutions, and
render an appropriate judgment or decision. Can perceive similarities
and differences and separate important from superfluous information.
Can identify the advantages and disadvantages of several different
avenues of action to achieve a desired objective. Has the ability to
research a problem and obtain the necessary information through a
variety of methods. Displays a willingness to make decisions, render
judgements, take action, and commit self.
Innovation/Ingenuity
Ability to apply creative, abstract ideas in solutions to problems or
accomplishment of assignments. Ideas and expressed thoughts show origi-
nality and perspicacity as opposed to only tried and proven methods.
Planning/Organization
Ability to establish an appropriate and efficient course of action for
self and/or others to accomplish a specific goal; make proper assign-
ments of personnel and appropriate use of resources. Sets priorities,
coordinates and schedules tasks and events in a logical manner so as to
increase efficiency and effectiveness. Anticipates problems and is
proactive rather than reactive. Has a sense of structure, process, and
continuity.
Ability to use forecasts, develop a hierarchy of effective objectives
and establish a procedure and process to accomplish these objectives.
Recognizes the impact economic and sociological factors have on the
organization and implementation of various plans and programs. Can
identify resources, initiate controls, and meet deadlines in imple-
menting objectives of plans and programs.
Interpersonal Sensitivity
Ability to deal with people in a tactful, diplomatic, and polite manner.
Interacts with others in a way that demonstrates a sensitivity to their
needs and motives and does not atause antagonism or negative feelings.
Has a genuine interest in and empathy for people. Is objective in
perceiving the impact of self on others and treats individuals in a
fair, consistent; and impartial manner. Is cooperative in dealing with
others, maintains a positive attitude, and functions as part of the
"team."
Management Control
Ability to establish procedures to monitor (or regulate) processes,
tasks, or the activities of subordinates. Delegates and coordinates
:pork appropriately and effectively. Evaluates and follows up on the
results of delegated assignments and projects, "follows through" on
decisions, and keeps staff members informed on new developments.
Ability to evaluate capabilities and skills of staff in order to
optimize utilization of personnel and to assess training and development
needs.
Adaptability/Flexibility
Ability to adapt to changing circumstances. Changes behavior or atti-
tudinal responses to fit the situation in order to obtain the desired
goal. Able to be involved in a number of things at once. Is open-
minded and able to separate personal feelings from the issues at hand.
Exhibits willingness to see others points of view. Listens to sugges-
tions and is willing to admit making a mistake. Maintains an open
approachable manner.
1
Y
t�
Stress Tolerance
S
Ability to remain calm and to function in pressure or frustrating situa-
tions. Maintains control and self-composure when placed under conditions
of pressure or crises, when "under the gun." Retains effectiveness of
performance under adverse conditions.
HT:VKV(WP)GIT
MEMORANDUM
To: City Council
From: Frank Currie, Director of Public Works/Planning Director
Subject: Accepting Agreement With Burlington Northern for Sewer Line Crossing
A public sanitary sewer has been constructed under the Burlington Northern Railroad track
at 72nd Avenue Business Park as part of the development of that property.
Council approved the application for the crossing in August, 1981.
This agreement is a standard form whereby the City agrees to maintain the sewer line
in accordance with railroad specs and to pay a rental fee of $20 per year for the first
ten years and $10 per year thereafter. 72nd Avenue Business Park will pay the first ten
years. Staff recommends approval of Lhe agreement and authorization for the Mayor and
City Recorder to sign said agreement.
FAC: lw
t
�
`4 BURLINGTON NORTHERN RAILROAD OCT 23 79,31
Ctry OF TjGAHD
Room 1018
176 East Fifth Street
INDUSTRIAL DEVELOPMENT AND St. Paul, Minnesota 55101
' PROPERTY MANAGEMENT DEPARTMENT Telephone (612) 298-2121
October 20, 1981
i
Re: Station.: Tigard, Oregon
Lease : 238,376
Date : 03-1-81
Purpose: 8--inch sewer
pipeline crossing
Rental $200.00 first 10 yrs.
i•1r. Frank R. Currie
Director of Public 7V.orks
City of Tigard
12420 S.W. .,ain Street
Tigard, Oregon 97223
Dear Ar. Currie:
In accordance with your application, c•:e are pleased to
enclose in duplicate the above mentioned agree=aent.
Both copies of the agreement must be executed on behalf
of your company in the presence of witnesses and returned
for execution on behalf of Burlington Northern. One
fully executed copy will be returned for your company' s
recard.
Will you also kindly forward your check made payable to
Burlington Northern Railroad Company to cover the rental
as specified in the agreement.
Very truly rs,
. W. Recktenwald
Lease Representative
Enc.
i
Pipeline
No. 238,376
THIS AGREEh1ENT, made this I s t day of August 19 81 between
BURLINGTON NORTHERN (OREGON-WASHINGTON) INC. , an Oregon corporation,
hereinafter called"Railroad,"and CITY OF TIGARD,
whose post office address is 12420 S.W. Main St. , Tigard, Oregon 97223,
hi rdinaf'?r caii2d "PJrmir?'te"
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee,does hereby grant to Permittee license and permission
to excavate for,construct,maintain and operate an 8-inch sewer pipeline,
hereinafter referred to as the"facility," upon,along or across the right of way of Railroad,underneath the surface'thereof,
and under the tracks of its railroad,as the case may be,at or near Tigard Station, in the County of
Washington ,State of Oregon to be located as follows,to-wit:
At survey station 672 + 84.50 - Mile Post 33,17
s shown colored 1 ore d red on the plat hereto attached,marked
Exhibit"A",dated May 18, 1981 , and by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of Two Hun d re d Do 11 a rs ($200.00)
for the first ten (10) ear period and One Hundred Dollars ($100.00) for
each subsequent ten (1 years that this permit remains in effect,
also all taxes and assessments that may be levied or assessed against said facility.Railroad reserves the right to change the said
charge at any time while this permit remains in effect upon thirty(30)days written notice.This provision for payment shall
in no way restrict Railroad's right of termination under Paragraph 9 hereof.
2. Permittee, at Permittees sole cost and expense, shall excavate for,construct,reconstruct,maintain and repair the
facility placing the same in accordance with the specifications provided in application dated June 29, 1 981 ,
heretofore approved by the Railroad's Regional Manager Engineering.
Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the
approval of the Superintendent of the Division of Railroad upon which the facility is located.Said Superintendent shall have
the right at anytime when in his judgment it becomes necessary or advisable,to require any material used in the-,oik to be
replaced with like material or with material of a more permanent character;also to require additional work or chane of
location of said facility as a matter of safety,or of appearance,or ran account of additional tracks being laid,change of grade
thereof,construction of a building,or for any other reason whether or riot connected with the operation,mainranance,or
improvement of the railway of Railroad, all of which shall be dune of the uxpm:se of Fil mm:ner h-.•mein
provided.
3. Permittee shall give to the said Superintendent at least two (2) days advance notice of any work to be done by
Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the
facility,and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
Railroad.
i
4. In the event that Railroad,at the request of Permittee or any agent or contractor of Permittee,or for the protection
of its property and operations,does any work,furnishes any material or flagging service,or incurs any expense whatsoever
on account of the excavation for,construction,any reconstruction,maintenance,repair,change of location,renioval of the
facility or otherwise,Permittee shall reimburse Railroad for the cost thereof within twenty(20)days after bills are rendered
therefor. If the excavation for construction,any reconstruction,maintenance,repair,change of location,or removal of the
facility,requires any or all of the following work:removal and replacement of track,bridging,protection of track or other
railway facilities by work or flagging,engineering and/or supervision,such work is to be performed by Railroad employees
and the cost borne by Permittee.
5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility
which, in the opinion of Railroad,in any way interferes with any train signals,telephone or telegraph lines,or other facilities
of Railroad, Permittee upon being informed by Railroad of cur_h interference she!! forth:vith discontin-_operation of and
remove said grounding system,or tale such steps as may be necessary to avoid and eliminate all such interference.Permittee
�furtheragrees to indemnify.and save harmless Railroad from and against any damages,claims,losses,suits or,expepses in any.
manner arising from or growing out of interference with the signals,telephone or telegraph lines of Railroad by the operation,.
use or existence of any such grounding system.
6. Permittee shall and hereby releases and discharges Railroad of and from any and all liability for damage to or
destruction of the said facility, and any-other property of Permittee located on or near Railroads premises;and shall and
hereby assumes any and.all liability for injury to or death of any and all persons whomsoever,including officers,employees
and agents of the parties hereto,or loss of or damage to property to whomsoever belonging, including property owned by,
leased to or in the care,custody and control of the parties hereto,in any manner arising from or during the construction,any
reconstruction, use,maintenance, repair or removal of said facility,however such injury,death, loss,damage or destruction
aforesaid may occur or be caused;and shall and hereby does indemnify and save harmless Railroad of and from any and all
claims,demands,suits,actions,damages, recoveries,judgments,costs or expenses arising or growing out of or in connection
with any such injury,death,loss,damage or destruction aforesaid.Permittee further agrees to appear and defend in the name
of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to
property,and to pay and satisfy any final judgment that may be rendered against the Railroad in any such suit or action.The
liability assumed by Permittee herein shall not be affected or diminished by the fact,if it be a fact,that any such suit or
action brought against Railroad may arise out of negligence of Railroad,its officers,agents,servants or employees,or be
contributed to by such negligence.
7. Permittee shall not transfer or assign this permit without the written consent of Railroad.
8_ Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
9. It is expressly understood and agreed that Railroad may at any time cancel and terminate this license and permission
by giving to Permittee thirty (30)days notice in writing of its intention to cancel the same and at the expiration of such
notice this license and permission shall terminate.Upon receipt of such notice and before the expiration thereof,Permittee,
under the supervision and direction of the said Superintendent, or his authorized representative,shall remove the facility
from the right of way of Railroad and restore the right of way and premises of Railroad in a manner and to such condition as
shall be satisfactory to the said,Superintendent.of Railroad. if Permittee shall fail to remove the facility and restore the said
right of way to such condition within said thirty(30)day period,Railroad at its option ntay remove the same and restore the
said right of way to its previous condition,and Permittee shall pay the cost and expense thereof to Railroad.
1 1
Jill
10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and performed,Railroad may terminate this agreement on ten(10)days"notice to Permittee,
remove the facility,and restore the right of way to its previous condition at the cost and expense of Permittee.
11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in d United States post
office addressed to Permittee at Permittee's post office address above stated or as otherwise directed by Permittee.
12. The license and permission herein granted is subject to permits, leases and licenses, if any,heretofore granted by
Railroad affecting the premises upon which said facility is located.
Subject to the foregoing provisions,this agreement and all of the covenants and promises thereof,shall inure to the
benefit of and be binding upon the parties hereto,their respective executors,administrators,successors and assigns.
IN WITNESS WHEREOF,Railroad and Permittee have executed this agreement the day and year first above.mitten.
NEW
In Presence of;
BURLINGTON NORTHERN (OREGON-WASHINGTON)
INC.
By
General Manager—Leases
CITY OF TIGARD
By
Mayor
Attest
City Clerk
FORM 60025 1-76
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Exhibit A
ONE=N MLECTRIC RAILWAY 0P
f8/r ?36 B.S. fI
camf--t9"<.fsA . -moo \ BUMUNG 1 n,,'l NO TI ERN IN
68.P+f7 s at Al c . PORTLAND DIVIWON Bj—.y SUM Div.
N T/GARD, ORE,
SWIM
DIRECTOR.ENC,.dE=At78C#
1 SCALE i�_ 4O�' DATE 5-18—B1
IIE 11I
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MEi".O RAN DUM
To: City Council
From: Finance Director/City Recorder '�/�
Subject: Comprehensive Liability Insurance Re ewal Bid Award and Designation
Of Insurance Agent
Enclosed are bids received for the renewal of the City's liability insurance
coverage.
Staff recommends awarding the coverage to Gulf Insurance Company for
comprehensive , automotive and umbrella liability insurance coverage in the amount
of $19,287. Not only is this the low quotation, it also provides broader
liability coverage for the City.
It is also recommended Brian Dooney be recognized as the City's insurance
agent. Mr. Dooney has worked with the City over the past few years as an
independent agent, securing and evaluating quotes from the various companies.
In addition, he and his staff have always been available throughout the year
to respond to the various insurance needs of the City.
Mr. Dooney will give a brief outline of the proposals and will be happy to
answer any questions the Council may have.
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INSUMNCE PMPOSAL
CUMPIRMr ENSIVB LIABIITW MSURAT?CE
City of Tigard
12420 SW Main Street
Tigard, Oregon 97223
Comprehensive Laability Insurance
r
Limit of Liability $300,000 Bodily Injury & property Damage
Deductible 'done
Coverage: Premises & operations liability, products
and campleted operations, Contractual
liability, Broad Form Property Damage,
Employees as Additional Insureds, Host
liquor liability, Medical Malpractice
Liability, False Arrest Liability, Oregon
Tort Liability, Errors & Omissions liability
Garagekeepers Legal Liabilitylz,$0a
Primary liability - specified perils 100/500 ded
collision - 250 ded
Autcanobile Liability Insurance i
Limit of Liability $300,000 Bodily Injury & Property Damage
Deductible Liability - none
Physical Damage - per policy schedule t
Automobiles Covered Owned and Nbnowned per policy schedule
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City of Tigard
Page 3
SERVICES TO BE RMOMED BY AGENT OF RECORD
To act as Technical Services coordinator .in support the City of Tigard.
A. Services and Risk Mangement
1. Risk Identification
The primary function of any ca^rnerical insurance specialist
must of necessity be the identification of risk within the insured
operation. Identification of exposure is heavily stressed throughout
the Ieonard Adams organization. The quality of performance in the area
of service will largely depend upon the relationship between the City
of Tigard and our office as it has in the past. Without open
ccnvvinicati.on the margin for error is greatly magnified. Review of all
areas of operation, contracts, agreements, equipment, buildings, etc.
are essential services that have been offered and trill continue to
be offered by the Leonard Adams Company.
2. Purchasing
Through our wide network of insuring ccnpanies, we offer considerable
Purchasing opportunities for you. Any product or service in the insurance
field is custcniarily reviewed in depth for adequacy, quality, cost and
overall viability.
3. Loss Control
To preserve whatevErcost and form advantages derived from
the marketing process our engineering services have time and again
been of value to you as a client.
4. Claims Management
Our fully staffed claims department, headed by mrs. Darlene
Gibson_, offers a variety of value services to you. First party losses
are handled on a wholly proprietory interest basis. Functions in this
area include supervision and expedition of adjustment practices toward
t:uTely and equitable settlement objectives. Other services include
( review and control of third party claims; and the recording and
monitoring of loss activity with strong ei<-Vhasis upon enforc en-ent of
honest reserve practices among the carriers.
's
City of Tigard
Page 4
5. Reporting and Budgeting
An integral part of the Leonard Adams Conpany service to its
accounts includes the following:
a. The preparation (if desired) of accurate and detailed
future premium forecasts for annual budgeting purposes.
b. The preparation and formal delivery (if desired) of an
annual report including schedules of coverage in force
and specific identification of applicable premiums,
inception dates and losses; and the preparation of
intelligible coverage repor-ts, including analysis of
coverage application, property or risk elements- covered,
deductible, exclusions, etc.
c. Assistance in the preparation of Property Value Staterry--nts
for the purpose of incorporating inflation factors affecting
replacement costs.
{
City of Tigard
PREMIER4 QUCI'ATIC7N
Comprehensive Liability Insurance Package $ 16,987.00
including General Liability
Medical Malpractice
False Arrest
Errors & amissions
Garagekeepers Legal Liability
Automobile Liability
Automobile Physical Damage
Urbrella Liability Insurance $ 2,300.00
Total Annual Premitun $ 19,287.00
Agency Service Fee $ 965.00
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BULLIVANT,WRIGHT, LEEDY, JOHNSON, PENDERGRAS S SI HOFFMAN
ATTORNEYS AT LAW
i
1000 WILLAMETTE CENTER
RONALD E.BAILEY 1 2 1 S. W. 5 F.L M O N STREET 5TA NLEY E.MARTINSON
j• ANNA J.BROWN FRANK A.MOSCATO
PORTLAND,OREGON 97204 DONALD E.MURRAY
It, JOHN W.pUEHLER
R.R.SULLIVANT (503) 228-6351 WALTER H.PENDERGRASS
JAMES G.DRISCOLL ROBERT F.RIEDE
DOUGLAS. F. FOLEY JOHN C.RUPPERT
CHARLES A.GALFORDj�jay 20 , 1981 RONALD G_STEPHENSON
THOMAS A.GORDON JAMES T.WALTER
DOUGLASS M.HAMILTON 5.JOEL WILSON
JAMES D.HIBBARD CHARLES E_WRIGHT
JACK L.HJFFMAN
OOUGLAS G. HOUSER JAMES B.RUYLE
1.FRANKLIN HUNSAAER LA13OR COUNSEL
DARREL, L.JOHNSON
R.ERICK JOHNSON V.V-PENDERGRA55(RETIRED)
1 JAMES L.KNOLL HUGH L.5ARZEE(RETIRED)
' ROBERT A.LEEDY
+ JOHN W.LILJEGREN
Messrs. J.G. Newnan and G. Bo Newman
J. G. Newman Co.
1300 Commonwealth Building_
421 S. W. Sixth Avenue
Portland, Oregon 97204
Re: Tort Liability Form, Marsh & McLennan
Gentlemen:
I
As you requested, I have reviewed the Comprehensive
General Liability (Tort Liability) coverage form prepared by
Marsh & McLennan for insuring public bodies.
As a general observation, this policy was drafted
either with the express purpose of providing a very narrow
range of coverage or with a lack of experience in the field
of municipal liability. In contrast with the policies written
by either Gulf or Providence Washington, this policy will
fail to cover a great deal of the litigation now being filed
against public bodies. The primary reason for this is its
failure to have errors and omissions coverage as I will
discuss below.
i
1. Coverages A and B under the Marsh Mac form
provide coverage only for an "occurrence" which causes bodily
f
injury or pro erty damage.
j .(a) This coverage would be very similar to
i Coverages A and B under the Gulf and Providence Washington
policies. Very little of the current litigation comes under
Coverages A and B because very few of the claims involve true
bodily injury or property damage. This coverage is generally
limited to cases involving excessive force in an arrest which
i results in some bodily injury, or a slip and fall on municipal
y� premises, or roughing somebody up in a jail facility, or an
r
Messrs. J.G. Newman and G. Bo Newman
May 20 , 1981
Page 2.
auto accident that is alleged to have been caused by defective
streets, road signs or similar situations under the control
of the public body.
(b) The great majority of cases these days
involve intangible economic losses or personal injuries in
the form of mental distress which would not qualify for
coverage under this policy but do qualify for coverage under
the errors and omissions coverage of the Gulf and Providence
Washington policies. Some examples are as follows :
(b-1) land use claims in which the claimant
contends that some negligent action on the part of the
public body caused an economic loss to his business or the
value of his real property such as a zoning decision or
action; a planning action or decision; the issuance or
failure to issue a permit or some other authorization or the
revocation thereof; and so forth. We could cite many actual
case examples such as the case by Valsetz School District v.
Polk County (improper distribution of timber revenues) ;
► Liberty Cable Communcations v. Washington County (business
losses from moratorium on cable franchise expansion) ; Suess
Builders v. Washington County (zoning restrictions on improve-
ment of land) ; Elmer v. City of Portland (copyright infringe-
ment) ; in which there have been hundreds of thousands of
dollars in exposure and legal fees.
(b-2) It would appear that this policy would
not provide coverage for the negligent performance of public
duties as was involved in Brennan v. City of Eugene which
might result in economic loss as we have had involved in a
variety of cases including Blum v. Lincoln County (wrongful
discharge from employment) , McKernan v. City of Brookings
(wrongful discharge from employment) , Barker v. Curry County
(negligence in issuance of septic permits) , Mikesell, et al.
v. Tillamook County (negligence in issuance of septic
Permits) , Robert Wright and 550 other plaintiffs v. Polk
County and numerous other public bodies (oppressive zoning
ordinances) , Paz v_ Washington County (negligent permit) ,
Inroads, Inc. v. City of West Linn (planning and zoning
violations) . The list could go on for pages.
(c) The policies of Gulf and Providence
Washington provide E&O coverage for "all sums which the
insured shall become legally obligated to pay on account of
Messrs. J.G. Newman and G. Bo Nev..,.nan
May 20, 1981
Page 3.
any claim for breach of duty made against the insured by
reason of any negligent act, error or omission of the
insured. " This coverage is not limited to bodily injury or
property damage and provides coverage for the types of cases
discussed above.
2. Coverage B of the Marsh Mac form refers to
"other personal injury" . As you know, the Gulf and Providence
Washington policies commonly provide "Personal Injury Liability"
coverage for such torts as false arrest, imprisonment and
malicious prosecution; libel, slander and defamation; wrongful
entry or eviction and the invasion of the right of private
occupancy; etc. This reference in the Marsh Mac form would
not appear to be providing that kind of coverage since the
"personal injury" must be caused by an occurrence producing
bodily injury or property damage. Again, the coverage of
this form is limited by the requirement that the act result
in either bodily injury or property damage. This leads me
to the conclusion that the term "personal injury" as used in
this form is not used artfully when in fact that term is a
term of art in an insurance policy.
It is possible that a personal injury endorsement or
definition is contained in the jacket of the policy and may
provide greater coverage than what I see in my current inter-
pretation.
3. Civil rights claims, particularly civil rights
claims in federal court, are particularly troublesome these
days for public bodies and the volume of these cases has
been steadily increasing.
There may be certain types of civil rights claims
not covered by the Marsh Mac form. Since they cover only the
liabilities involved in the Oregon Tort Claims Act they would
cover only 1983 violations which are specifically mentioned
in the Oregon Tort Claims Act. They might not cover other
civil rights claims such as violations of 1981 (race discrimination)
or 1985 (conspiracy) claims.
Many of the civil rights claims (whether filed in state
or federal court) do not involve bodily injury or property damage
but seek intangible damages due to the violation of the consti-
tutional or civil rights of the claimant. Again, such claims
would probably not be covered under the Marsh Mac form.
Messrs. J.G. Newman and G. Bo Newman
May 20, 1981
Page 4 .
4 . There is some ambiguity in the Marsh Mac form
arising from their Endorsement No. 2, "Medical Professional
Liability Endorsement". This endorsement purports to cover
only malpractice in an emergency medical situation rendered
by a salaried staff physician acting "outside" the scope of
his employment. The occurrence coverage under OTCA provided
by Marsh Mac could include coverage for medical malpractice
by a salaried staff physician but the endorsement seems to
indicate an assumption that the occurrence coverage might not
include medical malpractice by a salaried staff physician.
I am inclined to think, however, that medical malpractice
during the course of employment is probably covered by the
Marsh Mac form.
5. The Marsh Mac exclusions (f) , page 3 , states that
the policy does not apply to "any liability arising out of
automobiles" . This would seem to exclude all liability arising
out of automobile ownership or operation of any automobiles
owned or operated by the county. It does not appear to be
y limited, as you suggest, to liability of individuals as named
insureds with respect to automobiles owned by such individual
insureds. The latter phrasing appears in exclusion (f) but
the first clause in exclusion (f) appears to be a complete
exclusion involving automobiles owned or operated by the county_
5. It is our understanding that both the Gulf and
Providence Washington policies now attempt to exclude coverage
for damages arising from eminent domain or inverse condemnation.
There appears to be an argument for asserting that the Marsh
Mac form does not cover similar types of damage even though
there is no express exclusion in it. Under their form a
covered occurrence must be covered by one of the liability
provisions of the Oregon Tort Claims Act. While the issue
has not been definitely settled there is considerable doubt
that the Oregon Tort Claims Act covers inverse condemnation
claims. This is on the basis that such liability always
existed in this state without the benefit of the Tort Claims
Act. If the latter line of reasoning is valid, then it could
be argued that the Marsh Mac form does not cover inverse
condemnation.
7. It seems to us that any public body considering
the Marsh Mac form should consider- the lack of experience of
either that office or its carrier as compared to the years
of experience that is provided not only by the Gulf and
Messrs. J.G. Newman and G. Bo Newman
May 20, 1981
Page 5.
Providence Washington offices, but your office and the adjusters
through whom you work. Since this is a highly specialized
field of insurance and tort lana that is becoming more complex
every year, the public bodies should be interested in dealing
with the experienced experts.
These are our general observations. We have not
tried to compare every endorsement or exclusion of the Gulf
and Providence Washington policies with this Marsh Mac form_
We are somewhat hindered by not having a copy of the jacket
to this policy. We hope that our comments are useful .
Very truly yours,
Ronald E. Bailey
REB/th
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C.C. I .S. % NU116I1 F, NIC LENMAN'S
• Q::�I:�Z^L LT.�'L�-3IIIT1 EC�t.�•S IIS
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INSURANCE COMPP£JY OF TFIE: STNIE OF PENNSYLVANIA
CRITIQUE:
While on the surface and front of this form the client receives the impression
that this policy will cover all torts (and is assured by C.C.I.S. that it v,ill)
basically the form gives only a group of specifie`1 coverages, being-
Bodily •u�
}` In 7 'Y/ Property Damage/ False Arrest, detention or imprisonment/ malicious
prosecution/ libel / slander/ publication or utterance in violation of an indivi-
dual's right of privacy / wrongful entry or eviction/ invasion of private occupancy.
The front looks promising enough, almost an "All-Risk" Liability approach:
INSURING AGREEIIENTS
The Company will pay on behalf of the Insured al 1 sums which the Insured shall j
p become legally obligated to pay as "damagesbecause of:
Coverage A. Oregon Revised Statutes 30.260 to 30.300;
Property Coverage�B. Other Personal Injury or Damage;
{ lies, caused by a occurrence aid the Company shall
to which this polic} a pp �_r_ - -
But let's look at this: What is an "occurrence"? See page 8, the Definitions:
"Occurrence" means an event, or a continuous or repeated exposure to
e, f
Per
injury or property
h conditions, which causes bodily injury, Pe
dame e during the poliPeriod—that
Personal Injury is defined on page 7 to give the limited perils enumerated above:
C. "Personal Injury" means (a) bodily injury and (b) personal injury, E
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fr including false arrest, detention or imprisonment, malicious prosecution,
libel , slander, or publication or uttterance in violation of an individual 's
right of privacy, wrongful entry or eviction, or invasion of the right of
r
private occupancy.
That!sno more than a basic Z_S-.0: form with OL & T and Personal Injury.
Mere is - Errors and Omissions? (as required by most specs?)
- Discrimination? (per specs)
- Civil Rights Coverage? (as promised under Coverage A up front)
- Assault and Battery?
- Erroneous Service of Papers?
- Medical Malpractice by nurses, D's and EMTs?
- Legal Defense for officers under criminal actions?
Watch what you buy!
a -
; Get coverage coffnd_t3rents in writing!
city
services
ASSOCIATION OF OREGON COUNTIES
Local Government Center LEAGU4 OF OREGON CITIES
1201 Court St.N.E. CITY COUNTY INSURANCE SERVICES Local Governmen!Center
P.O.Box 12729 Salem,OR 97,309 THE -PROFESSIONALS BEHIND THE
(503)585-8351 PROGRAM 1201 Cour;St.N.E.
P.O Bvx 928 r.OR 97308
(503)58&6455 1-800-452-0338
Program Consultant and Broker: Marsh and McLennan
The top insurance brokerage firm in the U.S. , for the past 10 years--(according to a survey
in Business Insurance, June 29, 1981) , Marsh & McLennan, has been actively involved in
public entity insurance in Oregon. Prior to the adoption of the State Liability Self-
Insurance Fund, MEM handled the State of Oregon's insurance and has also insured a number
of local governments. When local governments were permitted to join the state's self-
insurance pool in 1977, M&M developed the application forms and assessment manuals that
the state used to rate local governments entering the program. MEM subsequently developed
and marketed a broad excess liability program for Oregon's public bodies that could be
written over the state liability fund or other policies.
Michael Chaney has been assigned Program Consultant responsibilities for the CIS pro-
gram, In the early to mid '70s he worked as an underwriter at Chubb/Pacific Indemnity
' at a time when Chubb was the leading West Coast underwriter of public body liability
Policies. Mike joined M£M (Portland) in 1978 and since Zhen has worked on the State of
Oregon's account. He has also worked with a number of public entities and is responsible
for M&M's achievements noted above.
Claims, Risk Management, Information Systems : Alexander b Alexander
A&A is second only to M&M as the major U.S, insurance brokerage firm, in the survey noted
above. A&A has a risk information system that is nationally recognized as an industry
model and has provided services to many local goverment entities in Oregon.
Gary Zimmerman is the Manager of Risk Management Services, for AEA in Portland. Hired in
1980 specifically to handle AEA's commitment to the CIS program, he has had 20 year's
experience in property insurance and risk management. From 1970 to 19Q1 Gary was Risk
Manager for Portland Public Schools where he researched, developed, implemented and admin-
istered that school district's self-insurance program. He has served as consultant to the
state government and many local governments.
Underwriters: American International Group (AIG)
A large conglomerate of insurance companies, AIG in 1979 had combined total assets and
policy holders' surplus of $3" billion and had net premium writings of :1 .2 billion,
Policies for the CIS progre-n are written with the Insurance Company of the State of
Pennsylvania which was incorporated in 1794 and is the second oldest stock company in the
U.S. Best Insurance Reports-Property and Casualty, 1980 Edition, the major independent
analysis of insurance companies, rates the Insurance Company o the State of Pennsylvania
as an A+12 company, an excellent rating. The report notes its strong performance as a
conservative underwriter over the past five years. During a period in which many com-
panies were losing money on underwriting and recouping losses through investment income,
the Insurance Company of Pennsylvania had a combined loss and expense rati:- o over the past
five years of 96.3 ('after paying losses and the expenses of running the com;. panY, 3.7 cents
in every $) of premium was available as profit) . Other companies that didn • 't fare so well
included Gulf with an 1'11 .8 ratio and Providence/Washington at 105.3. Havi. nq such a
solid, stable company underwriting CIS is both an endorsement of its credib ility and a
likely protection against a wild upward swing in premium rates when interest rates soften.
Even prior to writing CIS policies the Insurance Company of Pennsylvania wa•_ s well established
in Oregon writing almost twice as much premium volume in the state as both (' Gulf and
Providence/Washington did in 1979.
Board of Trustees : The League of Oregon Cities has established a Board of Z Trustees to
oversee the operation of CIS. Serving on that Board are:
Eldon Mills, City Manager, Hillsboro. The chairman of the League's initial tort liability
task force that began studying the problem of municipal insurance in 1976. iThe task force
commissioned a number of studies and researched a broad range of options ovc er a five year
period before choosing the CIS approach in 1981 . Eldon participated in tho=se efforts and,
j as a result, has a broad background that goes far beyond the experience of rrunning his own
city's insurance program.
Bill Blair, City Attorney, Salem. Bill served on the League's Tort Liabili? ty Task Force
and is an acknowledged expert in the field of municipal insurance law. His knowledge and
practical experience with Salem's self-insured programs have been put to usee during recent
sessions of the Oregon legislature where his efforts have resulted in broadeer insurance
options for local governments.
Lou Hannum, City Councilor, Medford. Currently serving as a member of the ( League's
Executive Board, Lou was an economic planning specialist for the B.F. Goodrich Co. in
Akron, Ohio, for 29 years prior to retiring to Medford in 1975. He brings 'the perspective
of an elected official to the CIS program.
Administrator: Stephen C. Bauer
In addition to his responsibilities as Executive Director of the League of C Oregon Cities
since 1977, Steve has also served as Administrator of the League's employee benefit
insurance Trust. it currently insures more than 4,500 employees in 180 cities and will
generate about $7 million in premiums in 198i-82.
Assistant Administrator: Noel Klein
Noe) has served as staff to the League's Tort Liability Task Force since 19- 76 and worked
closely with the firms of Warren, McVeigh & Griffin and Fred S. James & Co. in their
League commissioned review of public entity insurance options in Oregon. Ht = recently
participated as a member of a special committee to revamp the State's self insured
liability program and currently serves as the League's representative on thf e Public
Risk and Insurance Management Association (PRIMA) , headquartered in Washington, D.C.
PRIMA is a group of insurance and risk management specialists who work in ti--he puhlic
sector.
June 1981
N /
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ASSOCIATION OF OREGON COUNTIES
Local Government Center LEAGUE OF OREGON CITIES
1201 Court St.N.E. Local Government Center
P.O.Box 12729 Salem,OR 97309 1201 Court St.N.E.
(503)585-8351 P.O.Box 928 Salem,OR 97308
(503)588-6466 1-800-452-0338
CITY OF TIGARD
Insurance Quotation
COVERAGES LIMITS OF LIABILITY DEDUCTIBLE
PREMIUM
Legal Liability
Premises OperationsBodily injury -0 $13 ,614,00
False Arrest $100,000er
Errors & Omissions $300 000 P person
Civil Rights • Per occurrence
9 Property damage
Medical Malpractice $ 50 ,000 per occurrence
Products
Contractual
Automobile Liability Same as above
Owned/Non-owned Hired -0-
$ 7,023. 00
Uninsured Motorists
Personal Injury
Protection
Automobile Physical Damage
Comprehensive Actual cash value $ 2,922.00
Collision Actual cash value $ 50
$250
Umbrella $1,000,000
Tort limit $ 3,618.2.6
Administrative fee - League of Oregon Cities
$ 270. 89
- $27 ,448..15
1 �
November 5 , 1981
MEMORANDUM
To: Mayor and City Council
From: City Administrator
Subject: Cable Communications Bid Award Information (Agenda Item No. 12)
No action is required on this item tonight. The enclosed documents are for
your information only. Any action will be taken in December after further
discussion at the December Study Session.
copy of Draft. Franchise Agreement (Third draft:) filed under Franchise
a
MRD
November 5, 1981 ! F T16
WASHINGTON COUNTY,OREGON
i
Mayor and City Council
City of Tigard, Oregon
Subject: Leron Heights Sewer Contract
Honorable Persons:
I have reviewed the record of the Leron Heights Sewer Contract Agreement
between the City and Mr. Paterson. I have spoken with many of the affected
parties, staff and legal counsel. It is my recommendation that the City
should continue to pursue resolution of the dispute on this matter by a
Declaratory Judgement of the Court.
Two essential arguments exist, both with strong justification. The first
view is that claimed by Mr. Paterson: the contract is valid and that upstream
users of the line should pay pursuant to the contract. The second view is
that of the upstream property owners who claim that: the costs of the sewer
have already been recovered and that the intent of the contract has been
fulfilled. The issue is further complicated, or may be a moot point to
some parties, since U.S.A. plans to construct a new trunk line in the area
and reconnect most of the area apart from the Leron trunk. The matter is not
moot however to those parties who have already connected but withheld payment
pending legal resolution of the matters and might still have to pay.
The bulk of the legal work has been completed. A small amount of time and money
will be involved in actually presenting the issue to the Court. We are now
awaiting a court date and anticipate one in the next few months.
There is no action that the City can take which will not offend a significant
number of citizens and property owners. Only a decision by the Court allows
us to proceed in good faith with all our citizens.
Yours truly,
9
Robe r - Jean
City dministrator
RWJ:lw
12420 S.W. AAAIN P.O. BOX 23397 TIGA,RD, OREGON 97223 PH: 639-4171 ----
November 5, 1981
MEM'j RAN DUM
To: Mayor and City Council
From: City Administ;-ator
Subject: Civic Center Committee Ad Report
Chairman Chuck Samuel and Councilman Brian met today and completed the ad
for requests for civic center sites which will be published in the Oregonian
(November 7, 8, 14, 15) , the Oregon Journal (November 6, 7, 13, 14) and the
Times (November 10, 12) . The total cost of the ads will be $212.24.
November 5, 1981
MEMORANDUM
To: Mayor and City Council
From: City Administrator
Subject: November 16, 1981 Council Meeting
The Mayor, Councilman Scheckla and Councilwoman Stimler will be unable to
attend the Council meeting scheduled for November 16, 1981. Additionally, o
the City Attorney will also be out of town. I respectfully request Council
cancel the meeting due to lack of quorum.
November 9, 1981
MEMO RAN DUM
To: City Council
From: Finance Director/City Recorder
Subject: LID Progress Payment Approval Request
There have been several LID progress payment requests submitted since the agenda
was prepared. We respectfully request approval to pay the follocsing:
SW Tiedeman Avenue LID - Tobey's Excavators $20,965.93
Harris & McMonagle 2,472.60
1,206.50
SW Knoll Drive LID - Future West Const.
Harris & McMonagle 646.00
74TH AVENUE LID - James M. Montgomery 1,458.00
SW HAMPTON STREET LID - Frady Construction Co. 80,941.23
TOTAL REQUEST $107,690.31
DH: lw
Preliminary Program
Seth ,annual Convention
League of 0,.egon Cities
November 22-24, 1981
Portland Marriott
Sunda_iovenher 22
8:00 a.m. REGISTRATION'
Member registration fee: $40; one-day attendance: $30; non-member: S6(); (registration before ?:occnber
b: $35; one-day attendance: a25); spouses complimentary.
9:00 a.m. - OPEN MEETING OF THE RESOLUTION'S CON\1117EE
12:00 noon
Discussion of proposed resolutions and suggested changes in Oregon. }lunici�al Polic•:
11:00 a.m. - NEWCOMERS' BRIEFING
12:00 noon
tion
An oriental �n session for first-time delegates : d
to the League convention including a brieescriii-
of convention sessions and :arrangements, visitor pac;,ets, and an opportunity to ask uucstions.
12:15 p.m. - GENERAL SESSION AND LU:NCHLON
1:45 p.m.
Topic: Urban Programs Ilnder the Reagan administration
Speaker: Alan F. 110Luer, Deputy Assistant to the President for Intergovernmental affairs, The
White Rause
2:00 p.m. - OREGON Nt•1YOItS ASSOCIATION
3:30 p.m.
Topic: State-of-the-Art in Cablevision.: Myth or Reality:'
Speaker: Steve Jolin, MuniCom, N.h. Cable Consulting Firm
2:00 p.m. _ INTERNATIONAL CITY iNL\NACEMENT ASSOCIATION, 0REG0`:
3:30 o.m.
Topic: Double Taxation: Is There Relief?
Speaker: David Whitlow, Assistant City Manager, F.ugvne
2:00 p.m. _ PREPARING CITY BUDGETS
3:30 P.M.
Topic: Preparing 1982-83 Budgets
Speaker: Mick llarchenko, Manager, Local Budget Division, Department of Revenue
Topic: Levies and Elections
Speaker: ,Noel Klein, Senior Staff Associate, League of Oregon Cities
Topic: What's Wrong with the Local Budget Law?
Panel: Gary holiday, Finance Director, Albany
Peter llarvey, City Manager, Lake Oswego
Greg Scott, Assistant Finance Director, Corvallis
2:00 p.m. - ACQUIRING A MINI-COMPUTER
3:30 p.m.
Topic: Small Computer Acquisition and Use
Speaker: Glen B. Beckley, Arthur Young and Co., Portland
This session seeks to educate the first time buyer who has only minimal data processing experience
about the steps to follow for evaluating computing alternatives. (This session will he repeated
Monday at 11:00 a.m.)
2:00 p.m. - PLANNING COD>`IISSIONS: SOME ORGAN IZATION:\L OPTIONS
3:30 p.m. Panel: Karol Kcrsch, Attorney at Law; President, Planning Commission, Salem
Myer Avedovech, Hearings Officer, Deschutes County
Richard Mousley, Executive Director, Regional Planning Council of CIark County, Washington
The speakers will describe and evaluate techniques used by different cities to reduce the amount of
time spent by planning commissions on individual land use decisions -- e.g., developing more objec-
tive and definite standards, delegating more authority to the staff, and using a hearings officer.
{ 2:00 p.m. - DISASTER PLANNING
3:30 p.m.
Speakers: Federal and State Fmergency Management Personnel
This session will give the participants experience in developing a disaster plan for their community.
2:00 p.m. - POLICE SERVICES
5:00 p.m. Speakers: Peter Nersereau, Deputy City Attorney, Portland
Jim O. Crook, Law Enforcement Claims Adjuster, Miller and Morris, Inc., Bellevue, Washington
Topics addressed in this session include the problem of vic:,:-irnjs liability, risk: management in
police operations, and the changes in retirement benefits for Public employees.
2:00 p.m. - TRAINING SEMINAR: CONFLICT %L\\AGEMENT
S:OU P.M. Speaker: Don Murray, Consultant, Eugene
Does conflict with other council memhers, or staff, or the public, lease you wishing you'd never
become involved in city government? Learn how to turn that conflict into a more productive force or at least hos: to cope with it. -
2:00 p.m. - TRAINING SEMINAR: PUBLIC SPLAKING
5:00 p.m.
Speaker: Tom Hughes, Senior Staff Associate, League of Oregon Cities
Tips on how to prepare, organize, practice, and deliver short puhlic speeches.
3:30 p.m. - FINANCING PUBLIC FACILITIGs: POLISHING THE CRYS'CAL BALL
5:00 P.M.
Topic: Steps in the Capital Improvement Process
Speakers: Nancy Tour, Planning Department Manager, CH-,M Hill, Portland
Lynn Stuart, City Manager, Brookings
A primer on capital improvement programming and budgeting with the smaller city in mind.
Topic: A Review of Financing Tools
Speaker;: .James Burke, President, Pacific Tci,nomica, Inc., Portland
R. Scott Clements, Fin,.ncial Ad% isor, Portland
Diane hopper, Research Analyst, N1ut:icipal Bond Division, State Treasurer's Office, Salem
Up-to-date information on various methods of financing projects, such as bonding, special assessments,
joint financing, lease-purchase, tax increment financing, and grants.
3:30 P.M. - STRETCHING Clrl' INSURANCE DOLLARS
5:00 p.m.
Topic: City-County Insurance Services (CIS) - An Attractive Option
Speakers: Nike Chaney, CIS Program Consultant, Portland
Michael Courtney, Courtney Insurance Agency, The Dalles
Topic: Risk Management - Controlling Your Own Destiny
Speaker: Gary Zimmerman, CIS Risk Manager, Portland
Topic: Workers' Compensation - Some New Wrinkles
Speaker: Tom Shuhart, Manager, Self-Insurance and Association Relations, SAIF, Salem
Topic: The League's Employee Benefits Program
Speaker: Stephen C. Bauer, Executive Director, League of Oregon Cities, Salem
3:30 p.m. - AN INTRODUCTION 1'0 CITY WORD PROCESSING SERVICES
5:00 P.M.
Speaker: Marjorie Beck, Word Processing Manager, Eugene
Discussion will focus on the process of purchasing word processing systems and fitting a system with
your city's needs. (This session will be repeated on Monday at 11:00 a.m.)
3:30 p.m. - COMMUNITY REVITALIZATION - PRESERVATION TAX INCENTIVES
5:00 P.M.
Speaker: Warren Spencer, Attorney, McEwen, Newnan, Manna and Gisvold, Portland
The film "Main Street, USA" will provide an introduction to the topic of community revitalization.
Mr. Spencer will explain and answer questions on the preservation tax incentives in the Economic
Recovery Act of 1981, known as "the cornerstone of the administration's nationwide preservation
program". Interested participants are invited to gather immediately alter the session to discuss
downtown revitalization in a more informal atmosphere.
3:30 p.m - THE ELECTIONS EVOLUTION
5:00 P.M. Speaker: Ray Phelps, Supervisor of Elections, Office of the Secretary of State, Salem
A first hand look at the Oregon experience with mail balloting and what it means for your city. Mr.
Phelps will offer an election law primer: coping with filing deadlines, ballot wording, readability
standards and understanding the legal limits of city staff involvement in ballot measure campaigns.
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1 '
+,r 3:30 p.m. - MAKING A BUTTER 11L\NAGEMI:N1CASE IN INTI REST ARBJTIL\TION
5:00 p.m,
Speakers: .John Abernathy, Arbitrator, I'ortLrnJ
Kent Aldrich, Mayor, Salem
Darrell Dearborn., Personnel Director, Saler:
Creating a better understanding and appreciation of the case that must be made in interest arbitra-
tion. flow an arbitrator applies the economic and non-economic factors in weighing positions and
preparing an award.
3:30 p.m. - TAK!NG CONTROL 01' YOUR OWN LNERGY IU1URF
5:00 P.m. Speaker: -Joel Schatz, Consultant and Former Energy Advisor to the Governor, Sale-
The session will focus on developing a contingency plan for coping with future energy crises.
Participants will find that the type cf actions that would help in a crisis might also reduce the
amount of money your city spends on energy costs during "normal" times.
3:3o p.m. - OPEN MEETING OF TnE RLSOLUT'IONS CUNNI'I CCE
5:00 P.M. A continuation of the morning discussion of proposed revolutions and suggested changes to Oregon
Municipal Policy.
5:00 P.M. - OPEN MEETING OF THE NOMINATING COND11TTLE
6:00 p.m. City officials are invited to make nominations to the Conanittee for persons to serve as officers and
directors of the League during 1981-83. The Committee will present a slate of twelve nominees at
the general luncheon/annual business meeting on Tuesday.
5:00 p.m ORGANIZATIONAL MEETING FOR THE SFATEKIDE DOWNTOWN REVITALIZATION ASSOCIATION
8:30 P.M. - GET-ACQUAINTED RECEP'T'ION AND DANIA:
11:50 p.m.
Delegates and their guests are in:':te,2 to a casual get-acquainted reception sponsored by the League.
Join old friends and make nen: ones while enjoying refreshments, good conversation and live music.
MUndav, NoyembeI 23
7:50 a.m. REGISTRATION
7:50 a.m. - BREAKFAST/OPEN MEETING OF THE RESOLU'T'IONS CONLIIII-ITT:
9:00 a.m.
Members of the Resolutions Committee will make final decisions on proposed resolutions and suggested
changes to Oregon Municipal Policy. City officials who are not members of the co--mittee are invited
to attend this breakfast session and are requested to purchase meal tickets at the registration desk
on Sunday afternoon.
8:00 a.m. CITY COMPUTER-USERS GROUP (DATA GENERAL)
9:00 a.m. - EXHIBITS
5:00 P.M.
9:00 a.m. - KEYNOTE GENERAL SESSION
11:00 a.m. Topic: The Future of America's Cities Under the Reagan Administration
Speaker: Neal R. Peirce, Syndicated Columnist and Contributing Editor, The National Journal,
Washington, D.C.
Topic: The Impact of the Federal Budget and Oregon's Economy on Oregon's State and Local
Governments in 1983
Speaker: Floyd McKay, KGW, News Analyst, Portland
11:00 a.m. - MINI-WORKSHOPS
12:00 noon
Come and discuss your choice of the following topics in a small-group setting:
Topic: Tire City Charter: Issues and Answers
Discussion James Mattis, Legal Consultant, lsureau of Governmental Research and Service,
Leaders: University of Oregon
Jim Darr, Mayor, Hillsboro
-3
Topic: Drinking; Water: What to lixpect from the New State Program
Discussion Paul Steele, Mayor, Wheeler
Leaders: Kristine Gebbie, Administrator, health Division
Carl Coebel, Administrator, Bureau of Water 1%orks, City- of Portland
Ethan Selzer, Oregon Environmental Council
Topic: Quieting the Noise-Makers
Discussion Yvonne Addington, City Administrator, Tualatin
Leaders: Terry Obte;hka, Local Program Specialist, Noise Pollution Control, Department of
Environmental Quality
Paul Herman, Noise Control Officer, Portland
Topic: Recall: Tool or Weapon"
Discussion Don Jones, Mayor, Central Point
Leaders: Mary Burrows, State Representative, R-Eugene and Sponsor of Recall Reform Legislation
Topic: Auditing - A New Deal for Small Cities
Discussion ill Miles, Asst_ ant Audits S?perviso*.. Office of the Secretary of State, Saler:
Topic: Acquiring a Mini-Computer
Discussion Leader: Glen B. Beckley, Arthur Young aed Co., Portland
Topic: An Introduction to Word Processing Services
Discussion leader: Marjorie Beck, Word Processing Manager, Eugene
Topic: Financing Small Projects :with Citizen Bonds
Discussion Leader: .Tames A. Swayne, City ?tanager, Milton-Freewater, member, Oregon Municipal
Debt Advisory Commission
Topic: Passing Your Tax Base - A Step by Step Campaign Lesion
Discussion Leader: Nancy Ericksen, Campaign Manager for Several Local Elections, Salem
12:'5 P.M. - IDEA MLIRKET i LUNCH
1:45 p.m. This innovative market of ideas, answers, and experts replaces the traditional luncheon and speaker
format. Instead, it is an opportunity to ask all the questions you've ever had about running your
city. Grab a sandwich and head for a table staffed by experts on a topic of your choice. Once
your question has been answered, move on to another table. Talk with those who have grappled with
complex legal issues, revamped planning departments, and made budgets work. }gear about successes
in energy programs and failures in animal control.
2:00 p.m. - EXPLORING AND EXPANDING REVENUE SCURCES
3:30 p.m. Topic: City Revenue Sources, 19S1
Speaker: Katherine L. Tri, Research Assistant, Bureau of Governmental Research and Service,
University of Oregon
Topic: Exploring New Revenues: The Ashland Experience
Speaker: Brian L. Almquist, City Administrator, Ashland
Topic: Expanding Service Charges and Fees
Speaker: Daniel F. Durig, City Manager, Forest Grove
2:00 p.m. - AN AIRPURT AND ITS NEIGHBORS - ACHIEVING GREA'T'ER COMYATABILITY
3:30 p.m.
Speakers: A. J. Parry, President, A.J. Parry Associates, Inc., San Francisco, California
Mark Beisse, Planning Programming, Airports Division, FAA, N.W. Region, Seattle
Marjorie Manley, President, Marjorie Manley and Associates, Oak Harbour, Washington
2:00 p.m. - THE MUNICIPAL MACHINE - BUILDING A STATEWIDE POLITICAL NETWORK
3:30 p.m. Speaker: Beth Gilson, Legislative Affairs Coordinator, League of Oregon Cities
If you think that law-makers are more inclined to do things to cities rather than for cities, then
come to this session designed to increase city clout in the legislative process. Topics include:
a non-fiscal candidate support system, district-based advocacy, developing allies, and other systems
to enhance the political profile of Oregon cities.
2:CO p.m. - ECONOMIC DEVELOPMENT PART I: MARKETING YOUR COMMUNITY
3:30 p.m.
Panel: Art Shew, Executive Vice President, Klamath County Economic Development Association
r., Lynn Hamilton, City Manager, La Grande
!� Jim Curtis, Regional Manager, Department of Economic Development
Jack Lesch, Program Coordinator, District 4 Council of Governments, Corvallis
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s
+` The program will examine four aspect, of marketing your community to assist existing business and
attract new industry: (1) identifying the community's resources and attributes; (2) deciding which
industries should be encouraged to locate in the community; (3) putting together a marketing pro-
gram; and (4) encouraging public and private sector cooperation to carry out the program.
2:00 p.m. - LISTENING ON THE JOS
3:30 p.m. Leader: Ted J. Coonfield, Consultant in Management Developaant, Personnel Division, State of Oregon
This session will build an awareness of the importance of listening on the job; increase understand-
ing of listening and its impact on the total communication process; diagnose listening abilities
and practices; and develop skills and techniques to improve listening effectiveness.
2:00 p.m. - QUESTIONS ABOUT CABLE TV
3:30 p.m. Topic: Deregulation: What Do We Have to Lose'
Speaker: Margie Lundell, Coordinator, fust Multnomah. County-City Cable Consortium
An introduction to the coming wave in cable systems and pending federal legislation.
Topic: What's Realistic in 1981 - Upgrading the 12-Channel System Operating in Oregon
Moderator: Steve Jolin, Cable Consultant, MuniCom, Portland
Panel: Cable Industry Representatives
Film: "Community Access Programming - The Municipal Application"
Presenter: Bill Bradbury, State Representative, D-Langlois
2:00 p.m. - }IOW TO TAKE ADVANTAGE OF THE NORTHWEST REGIONAL POWER ACT
3:30 P.M.
Speakers: David Itupp, Oregon Department of Energy
Representatives from Bonneville Flower Administration
Representatives from the City of Eugene
The session will focus on how a city can make use of the range of energy technical assistance and
grant programs.
2:00 p.m. - EVALUATING YOUR CITY DL\NAGER
3:30 p.m.
at:
Speers: A Panel of City ?tanagers and Mayors
#.
A panel of city managers and mayors will discuss the problems they face in developing an effective
program for evaluating the performance of city administrative officers.
2:00 p.m. - BUILDING PUBLIC CONI•IDENCE: A PUBLIC REL:TIIONS PJORKSIIOP FOR CITY OFFICIALS
S:OU P.M.
Speakers: Catherine M. Mater and M. Scott Mater, Mater Engineering, Ltd., Former Councilors,
Corvallis
City officials should leave this concentrated workshop with sharpened ability to: anticipate public
reaction to proposed city projects; handle controversy; evaluate outside professional consultants;
create effective media strategies to earn public acceptance for city projects and activities.
2:00 p.m. - CITY ATTORNEY PROGRAIM
5:00 p.m.
Topic: Developments in Land Use Interest to Cities and City Attorneys
Panel: Edward J. Sullivan, City Attorney, Tigard
Michael D. Reynolds, Chief Hearings Referee, LUBA
James M. Coleman, City Attorney, Lake Oswego
Topic: The Taking Issue Revisited and First Amendment Constraints on Land Use Regulations
Speaker: Laurence Kressel, Assistant County Counsel, Multnomah County
Topic: Update: Tort Liability and Insurance Options
Speaker: William G. Blair, Assistant City Attorney, Salem
Topic: Limitation on Towing Vehicles From Public and Private Property: City Role
Panel: Sandra L. Arp, Legal Associate, Bureau of Governmental Research and Service, University
of Oregon
Marvin Price, Executive Director, Oregon Tow Truck Association
Topic: Recriminali_ation of UU11: Chapter 803, Oregon Laws 1981, Issues and Concerns
Panel: Edward Fitch, City Attorney, Redmond; City Prosecutor, Bend
l
Topic: Selling City Real Property: Procedures, Practice and 1981 legislation
Speaker: Larry Brisbee, Office of the City Attorney, Millsboro
-5-
2:OJ P.1:1. - CRITICAL ISSULS IN PARKS AND sjjo. 1(1',
5:00 P.m.
Topic Redwing Risk ill Park and TZ_.,:l".at ion :Activities
Panel David Flemming, Risk Manago:-, flortlarl,!
Gary Zimmerman, cittire: Risk Man,'ger, Portland
Robert >laxev, I)ir,c
-Vional Parks and Recreation Agency, Salem
Topic; Idea Swap Silop - ,fia r i rig E.sperier ea ir. the 1:0 1 1 otc ing Areas: Contract Maintenance, Solar
Energy 0--.es, Using Citizvns ;roups, kvvent!e Supported Budgets, Fees and Charges,
Increasing kolut,teeris1:1, Com;-unity School!;
Topic: What to Expect from Statc and federal Agencies
Speakers: Kathy Straton, State Recreation filrector, Sale;,,
Richard Winters, Associate
Ire,:r0r, Extension Service, National Parks Service, Seattle
2:130 P.M. TRAINING; SEMINAR: CONDUCTINt: LFFIc!'11I.
5:00 p.m.
Speaker: 10M Hughes, Senior Staff Associate. League of Oregon Cities
If Your meetings run too long or see:-, toacc0M?IisT1 too little, then this seminar may be what you
nee.!. Des'gruj for city officials, it till focus on good meeting skill; through the.use of a League
workbook and video tape Program. '111is FrOgram deals with the decision-making process as well as
meeting procedures.
2:0o p.r,. TRAINING INTERI'l 1,S01%AL COyNIJINICATIONS
p.m. Speaker: Dun iMurray. Colls';Italit, I-UgcnQ
Do You find Yourself arsuing a point with someone only to find You have been agreeing all along? Do
You find Yourself annoyed not With what someone Said but with ljow they said it, Many of the
Problems among council j-,lemi,ers or between council and staff are the result of 'poor c;rj.-iunication.
This seminar will teach participants 1101. to improve the decision-making process through better
communication. It W1 I I also deal with the sk i 1 Ir necessary
-3:30 P.M. CASHING IN ON THE HYDRO COIA)MINF to Com"llicate effectively with audiences.
5:00 P.M. Speakers: Representative from Bonneville Power Administration
Dave White,
and other representatives from the Oregon Department of Energy
This discussion will center on the ways a city can take advantage of the current rush to develop
small hydro electric facilities.
3:30 p.m. HOW TO Gl:i* MORE FOR LESS FROM SEk%*lCE
5:00 P.m.
Speaker:;: Bob Johnson, Fire Chief, Tillam.00k
Ron Melott, Fire Protection Fng;!)oer, Beaverton
This session will fucus on the use of volunteers in the fire Service. Topics include (1) recruiting
and training volunteers, (2) rUl".11ing a r!i-XCJ Volunteer and paid fire service; (3) risk- management for
volunteer fire companies.
3:30 p.m. DL%'LLOPIN(; BET'11:1Z RELATIONS WITH YOUR MUNICIPAL
5:00 P.m. Panel: To Be Announced
A panel of judges and council members will discuss relationships between a council and its municipal
judge.
3:30 p.m. A PRACTICAL APPROACH TO CUTBACK DLVNAGEMEN'r
5:00 P.M.
Speakers: Ken Jones, President, Performance Management Associates, Portland
L. R. Jones, Assistant Professor of Public.Management, Wallace School of Community
Service and Public Affairs, University of Oregon
This session seeks to help cities develop, a logical approach to reducing services when revenue
shortfalls occur.
3:30 p.m. EVALUATING YOUR CITY'S FISCAL CONDITION
5:00 D.M.
Speakers: Bruce Weber, Extension Resource Economist, Oregon State University
Greg Tillson, Extension Agent, Oregon State University, Extension Service
Ruth llerillach, City Administrator, Brownsville
Michael Quinn, City Supervisor, Sclah, Washington
This session will address to identify
ways and measure the leading fiscal indicators that can help
,
You forecast your city's financial future and how this information can help citizens understand the
city's needs.
+ �[) P. - LABUf2/M,N.%A6UNENI' CQNMII FEES: AN :\PYk0.\CII TO 1PtYkU\'1.`:G ORG,\XI�':\TIO.'i:L E! fliC"!'I\li.`:Fss
S:RO
P.m.
Speaker: J . Bruce .•(ul l i rn, Labor N.,•lst ions Manager, f u ne -
g� �l;
Infot•matiun on the tools anti tecluri(ues ua-ed t. g`
1 u create effective working relatio:: union.+
cm
ployces which break down the "us/them" collective hargaining relationships. s::ips With
3:30 p.m. - DE
ECONOMIC VELOPNL..;1' PART if:� c.
5.01) p.m. LOCAL {rECELOP.'I1i11' CORI'OPA"i IO:CS
Panel: Charles r:olvin, ('resident, ?:c'!innrille Industrial Promotions, Inc.
Richard Beyur, I'xecutire :'ice-!'resident, Pittsburg, California, Economic and Housing
Ort'elopm•mt Corporation
Edwin Sleat_r, Assistant Director for Finance and Invest:rent, Portland Office of the 5r._11
Business Admini tr,+tion
Local development corporations can he established at the local level to promote industrial develcD_
ment. The panel rill discuss how :cell corporations miry he usoi, for example, to'
0 a•_quire and dere__
industrial lturd, to make 110w
to s':r11 businesses, ar:d to provide a cool for co-,r.!r.^.ity develop^e -
block grant pro,r ams.
3:50 P.m. - RECYCL[NG IN Cl,,"), ILiLL: BRAC"('lCl?:(; 1,-HAI YOU PREACH5:00 p.m.
`r
Panel: Jere; Por•el1, I•I:rnaging Partner, Resource Conser:'ation Consultants t
Sall R Ilett=berg, Baste kedu::tion Progr,:m Manager, METRO
Sally kosc, City Planner, 1'ulcdo r
Jim ;ialpule, President, Nj.. recycling, Inc. }
1
The session will offer advice on how tc establish in-house materials recovery sYstems. Partici
will be provided "til a manual recently developed by METRO and Resource Conservation Consultants, !
p.r_
3:30 P.M. - PLANNED CONNUNI"1•II!S: TI 11: PRONISL ANP THE PITFALLS
5:00 p.m.
Panel: The Ucvelolcr - :111 en Cdward< Jr, , President, hdwar'ds Industries, Bea.crton '
The Resident - Clydc Doctor, Executive :\ssistant to tine County FxeCllt:l-C, Multnomah
The City" - hnrnl. Frost, (grief Planner, Rortlanl I
The State - Betty given, Chairperson, state (lousing Council
lfuusing dereioa:^rut; with common proper•
worf.:'r�op rail • -y and homeowners .ls,oc:ations are increasing -
1 nt ttjc «„ate. or rite spr.i:rl considerations Inv_lrea in this kind of home ownership
p.rttern. Recent stare legislation an'! options for local regulation will also be discussed.
5:00 p.m. - MEETING Of OkEl;U.`: NiINICIYAL FINANCE OF!-10ERS ASSOC1alI0N EDUCATION: COMMITTEE
6:00 p.m.
5:00 P.M. _ MEETING OF OREGON MUNICIPAL FINANCE OFFICERS ASSOCIATION LEGISLATIIE CO?T-1ITTEL
6:0o rl.m.
6:00 P.M. SOCIAL. HOUR. !r�
7:00 p.m. - ANNUAL BANQUET ;
Midnight i
Take a step back in time as we stage the "s
romance and nostalgia. enior prom
.” Its Its going to be an unfo-9--table evening o_ '
Dinner will he served among glittering prom decor. But you better fill u_
your dance card quickly because -Johnny Limbo and the Lugnuts are coming hack by popular demand fen
the second straight appearance at the League convention. A dance contest will entice the wall
flowers while prizes for the best dressed Will allure the glamorous. Get ready fcr dazzling danci-¢
and entertainment!
Tuesday, November 24
7:50 a.m. REGIs'rR, f7ON
7:50 a.m. - i'ELLOE,SfIII' BREAKFAST
9:00 a.m.
Topic: We Have Found the Leaders and They Are Us
Speaker: Charles R. ,lordan, City Curamissioncr, Portland
9:00 a.m. - GENERAL SESSION
10:15 a.m.
Topic: Don't Wait forever for Yesterday: Using Creative Thinking to Solve Today's Challe
Speaker: Gordon graham, Ilusan Ueveloparont Training Institute, Seattle nges
9:00 a.m. - EXHIBITS
12:00 noon
-7-
FUNDS 1`1 IS!.0
9:00 1 NVE S H NG CITY
10:30 a.m. Topic: 'rbc �11.11liCIPZII
Speaker: David Smith, City Portland
Investment poli,:v :'ol, Your City
Topic: Developing Lit, the Oregon Bank, P1-rtland
Speakers: jifll
1 -ed ;cr,, rea5tIr]-
:; I la It, State
.loll, jalaji, Finance Officer, Nledt"t-d
9:00 a.m. BUILI)IN6 RI.Gul_\l ION",
12:00 no:)II Topic: Balancing Building Code Sz:lnd.lrds and Fire SUPP!-esSion
Spoa',,er: Gene Birchill , Deputy ii-.I Tualatin 1-ire District
t
11gillell.lee. Architects -,,6 Planners, Portland
Respondent: Charles Selig; Se a
d other BUilding (")d.:'
-101)ic Fees Lill . ing Code., Divi,ion
'.otislation I}77
Speaker: Trevor Jacolisc n I Ad!;iiljiStratC,l', 111.1ild
Topic: Refined Wood Stove 5talldard> �;I
Speaker: Patric}. 11. I:ra.n::un, Dvput�' State 1 11-c
e:P 0 lid C-t: David V: sset-, Building Off i, i al, MedfordTopic: Currdinated BuildilIg k: fc1-
,oiaj11
5t'allations
Speaker: Larry BcardSley, [CpUty Admin:5t,- v. StateBuilding
Codes Mvision
Respondent: Keipetll PrIekett, BLIIdIrl, k,f;
n1, TYoutduir
9:00 ISSUES 11% PUBLIC
12:00 noon 'i Topic: 'Ihc Probler, - %jcjt;Ltt, liilidwtig for Read and Street Rell. 1r,
Speaker: GuBCUker, I . , !'i n t I ;,:t lnzin,cr. The Asphalt In:;titl1c, Portlandid
Topic: \ ,, rt i a I So 1 ut i,:I - Bal: — 1; ?lore Morv for Foads
-1-: .1�j lie Cease, St at I f!VI I "o r t 1-1 lid
pe.,Ikc
Topic: innovative Financing for Public ict'v't'e' vr.z;, Seattle
Speakers: Richard E. Warren, %ice-Pres den, Kramer, Chin and Mayo, Consulting Engine
Rollie Baxter, p.E., City Engineer, Corvallis
Il
10:30 a.m. .,
NEW DEVELOPMENTS AND RLGtjLTIONS IN IlUll CU-MN 't DEVELOPMENT BLOCK GRANT PROGRAMS
12:00 noonf COIRr.ullitv Development, Portland
Speakers: John Bonham, Director 0
Charles E. 01s,-n, Manager of liOUSing and Community Development, Portland
Ken Black, Community Planning Lind I)eV0IOpMCTlt Coordinator, Corvallis
lack Carter, Manaizer, Project J!-,fc,i-tration and Analysis Section, Intergovernmental
.
Relations Division
The Department of Ilousing and Urban Development has adopted new policies and regulations in its
session will provide participants with an opportunity
Community Develop-ment Block Grant Program. This
to question HUI) Officiols, city planners, an-' state personel about these changes.
THE MECHANICS OF THE 1981 LEGISLATION
10:30 POST-ACKNOWLEDGMENT PLANNING:
12:00 noon Panel. %lichael Huston, Senior Staff Associate, League of Oregon Cities of City Planning
Dave l.a,.,;renc--,, Planning Director, Hillsboro; President, Association
Directors
Edward Sullivan, Attorney at Law, O'Donnell, Rhoades, Gerber, Sullivan and Ramis
Mark Westling, Planning and Public Works Consultant, Bureau of Governmental Research and
Service, University of Oregon
Eldon }lout, I:iclj Division Manager. Department of Land Conservation and Development
The 1931 land use legislation contain, nee: and demanding planning requirements, many OF which will
b effective
I s -es to offer practical and specific suggestions
e January 1, 19S . This session is designed
on hot,; to meet those requirements. A handbook being developed by the League will be provided to
participants.
10-30 a.m. FRINGE BENEFITS: 13-11:ECIS OF 1iiE ECONOMIC RECO%ERY TAX ACT OF: 1981 ":!) OREGON LEGISLATION
12:00 noon Speakers: Barney llyde, CPA, Touche Ross, Portland
Kirk BQrgcr, Director, Local Government PCrSOTITIel Institute
This session reviews the 1981 tax law impact on employee benefits, particularly deferred compensation.
10:30 a.m. THE CILANGING ',LNRKI'.T FOR MUNICIPAL BONDS
12:00 noon Topic: What Bond Buyers Look for in Municipal Issues
Panel: James C. Joseph, Manager, Municipal Bond Division, state Treasurers Office, Salem
WilliamNational Bank, Portland
ile.1th, Vice-President, II.S.
Bob Moore, Moore Brcithaupt and Associates, Salem
-8-
Topic: A New Format for Municipal Bonds
Panel: Edward Todd, Finance Director, Springfield
Phyllis McDonald, Corporate Secretary, Irwin Hodson Co., Portland
,s - Rebecca Marshall, Vice President, First Interstate Bank, Portland
l
10:31) a.m. - WHAT THE NEW 9-1-1 DL-XNDATE MEANS FOR YOUR CITY
12:00 noon
Speakers: Maurice Astley, Oregon 1-dependent Telephone Company, Salem
Gary Wilhelms, Pacific Northwest Bell
Harvey Lathem, Emergency Management Division, Salem
Questions to be addressed are: the rules and regulations related to 9-1-1 as a result of the recently
passed legislation; and what do the phone companies need to do to make that service available to you'
12:00 noon - GENERAL LUNCHEON / ANNUAL BUSINESS MEETING
2:00 p.m. Topir: Star-Local Relations in an Uncertain FutureSpeaker: Governor Vic Atiyeh
Following Governor Atiyeh's address, the business meeting will commence. Final action will be tarsen
at this meeting on resolutions and amendments to Oregon `•tunici al Policy. Officers and Executive
Committee members for 1981-82 will be elected. Each city is entitle to cast one vote at the annual
business meeting. Designated city voting delegates should pick up voting cards at the registration
desk prior to the business meeting.
2:00 p.m. - THE NEW HUD SMALL CITIES CO.%r4UNiT1' DEVELOPMENT BLOCK GRANT APPLICATION PROCESS
3:30 p.m.
Speaker: John Bonham, Director of Cornunity Development, [IUD, Portland
This session will provide participants with a "hands-on" opportunity to review and comment on the
new HUD Small Cities Block Grant application design and process.
2:00 p.m. - FIVE CREATIVE WAYS 'r0 FIND NEW SOLUTIONS TO OLD PROBLEMS
S:00 P.M.
Speaker: Gordon Graham, Human Development Training Institute, Seattle
2:00 P.M. - Business Mocting, Oregon City Planning Directors Association
5:00 p.m.
2:00 p.m. - Business Meeting, Oregon Municipal Finance Officers Association
5:00 P.M.
2:00 p.m. - Business Meeting, Oregon State Building Officials Association
5:00 P.M.
2:00 p.m. - Business Meeting, American Public Works Association, Oregon Chapter
S:00 P.M.
2:00 p.m. - Oregon Municipal Judges Association
5:00 P.M.
-9-
t Department of!-human Resources
CHILDREN'S SERVICES DIVISION �,..
VICTOR ATIYEH `Nashington Branch 2
1665 S.E. ENTERPRISE CIRCLE, HILLSBORO, OREGON 97123 PHONE 648-8951 ,7
q.97
October 23, 1981
Dear Sir:
Children's Services Division in Jjasni.ngton County has an ongoing need
for mature, caring adults to provide foster care for children !parti-
cularly teen-agers, the handicapjc ' and sibling groups) . lie would
like to have the opportunity to speak to your organization about the
children requiring care, the experiences and rewards of foster parent-
ing, and the certification process for foster parents.
Within your organization vie believe there are persons who possess the
special qualities we are seeking. Foster parents must be stable, lov-
ing, understanding, flexible, patient individuals vrho have the desire
to help and have time, energy, and roan in their .1homes for an extra
child or more. In addition, foster parents must be willing to unrk_ as
part of a team effort, with the usual focus being to reunite children
and families.
We would also like to advise you of a special television series to be
aired on OEPBS (Channel 10) starting October 9th and to run 10 consec-
utive Fridays at 2:30 P.M. series, developed to provide foster
parent training and e:ztitle'�.l "na:ie Is Where the Care is," covers the
following topics:
Effects of placement
Natural parents
Abase and neglect
Discipline
Sexuality
Stress, and
Handicapped foster children
) n �^PFri �i -hate i !7-
PP^z?US some Of yptir P?PtiS
hour programs.
Please let me ?mow when we might meet to discuss the possibility of
presenting a foster parenting program to your organization_
Looking forward to hearing from you.
Very truly yours,
Garrold Shurtz, Branch 1*1anager
Michell e Dube•
Foster Hane Certifier
MD:tjc
?
-y
1): rector
l.;J✓ ...•I rill I'•.L r^•L %1••:�=C!L:e
l:ilt�:? oro, Ure;�^ 97123
t
Suvj::ct: tuae.� in �- -
D1 it Gary:
%:. %:c discLlsSc(l, the Tualatin L'- e• C Ly
r•--c;Rrdirlg its ."..ru717t With U.S.A. to r P1cC.' L!Ie Ct::_.;r�'?� St:':_.._ri_`_•i. 1'i`-,-�1
StatLoll uith a tXravlty line. TDC CU71f.;'?1�.., ti:aL Ct):. C^:1r`':',.•. rC!`�tYs Lf.J
�_.(.': ,7 srccr.'4nt fro-.-! U.S.A. to LB for h�_al'L[7� Lilo I.i'._. COitS .i�.n_. :i�.�9
zc •`L:. that the delay 1n the U.S.A. int"�::CrIpL=1 SCi: C+.!..i : C•`. ' ,. l_2� ].P.11::t3_is l
CO' t: to TDD. The prusc:2t course will Cera...i-EITy L J 11C7�3t1C%;l.
2S '� lnterf_'stE�C1 t[l1T_L� .iCt 4'O:-l!1 �.�l:e C' • Si. 1�2 - -rcli!: a POn-
Tile City, P" y, - i
Zltl �t"i.UI2 so°LItioil S,tt?_Cifactory to all. C:�:1Cc--�;:'.� C-:?� ji::;_:7 ���C succi s lull-icn I
IPi
'tit hi' tl.f: Of a .City Local. lmrt"O:T !L I�1 .'-;t7-!.C:i` �T'�-�� t0 ._...-l';!�CL'.rr
L'i,.i gravity lire and the bc•n'-�i ttc•d. T.i;C: inc?u:i'sc'. uLt—, y,
ratty be al,l•L- to develop oLhcr solui:i.011 In order to _c _d^ ari i_� 'r.:: :,r i
n .. agtacn!c:at, an e::teTIS iOL' to the cu;_:..�nt contre._tr!,=�c_.. to b- I:�gci _' t,c- ,
I :'!ould li-e to sLl-fest a II-^_eting at i ( _ty 11;11 1 i , er the City, U.S.A. '
aP.c! TUC: to nc.--Vtiate the elements Of 2ny Cod'tr,I Ct c-:teriiand nd 1'1y
F`:-Tcutive Secretary, Loreen Milson, will culit&:ct you al" T!,'- AS 31T-73 '3,
thc!-n1: you for your continued co-oparation in this Please let re 1-_noh
if I !:ay be of any further assistorce.
lours truly,
R.-berL/W. Jean
City i': :;!ini8Lr-ator
CC: Franh Currie
T.D.C.
i
2:,.:W IEC :il;l:• ...7Ci.�;;l r i'.... i'.?: i•:::�- ..71 -------