City Council Packet - 11/21/1988
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Revised 11/18/88
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TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an i
REGULAR MEEAING AGENDA agenda item needs to sign on the appropriate f
BUSINESS AGENDA sign-up sheet(s). If no sheet is available,
NOVEMBER 21, 1988, 6:30 P.M. ask to be recognized by the Chair at the start
-TIGARD CIVIC CENTER of that agenda item. Visitor's agenda items are
13125 SW HALL BLVD. asked to be to 2 minutes or less. Longer matters
"TIGARD, OREGON 97223 cart be set- for a future Agenda by contacting
either the Mayor or City Administrator.
1. WORKSHOP MEETING WITH ECONOMIC DEVELOPMENT COMMI-1I-EE
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2. EXECUTIVE SESSION: The Tigard City Council will go into Executive
Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to
discuss labor, relations, real property transactions, and current and
pending litigation issues.
3. BUSINESS MEETING:
3.1 Call To Order and Roll Call
3.2 Pledge of Allegiance
3.3 Call To Staff and Council For Non-Agenda Items
4. VISITOR'S AGENDA (2 Minutes or Less Per Issue, Please)
5. CONSENT AGENDA: These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may request
that an item be removed by motion for discussion and separate action.
Motion to:
5.1 Approve Council Minutes for October, 10, 17 and 24, 1988.
5.2 Approve Training Request - Police Staff Command School
6. NON-AGENDA ITEMS: From Council and Staff
6.1 Approve Pro Tem Judge Contract; Augur - Res. No. 88- i
Community Services Director f
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6. 7_ Award Contract - Employee Classification Review - Res. No. -
Community Services Director,
6.3 Surface Water Management Discussion - City Engineer
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7. ADJOURNMENT
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COUNCIL AGENDA - NOVEMBER 21, 1988, 1988 - PAGE 1
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AGENDA UPDATE
Council Meeting of November 21, 1988
1. WORKSHOP MEETING WITH ECONOMIC DEVELOPMEN"T" COMMITTEE:
Topics discussed:
Amabassador Program - CC consensus for development of program for major
focus of EDC to assist new, existing and potential businesses in
Tigard. EDC may proceed with design of information brochure; i.e.,
list of city contacts.
Economic Dev. Committee to continue to receive updates and designate
representatives for Tigard Triangle, City Center Plan and Light Rail j
discussions and/or Task Forces.
Reminder discussion on utilizing EDC for Land Use Decisions when their
input would be useful from an economic viability standpoint.
2. EXECUTIVE SESSION: The Tigard City Council went go into Executive
Session at 7:42 p.m. under the provisions of ORS 192.660 (1) (d), (e),
& (h) to discuss labor relations, real property transactions, and
current and pending litigation issues.
Council reconvened: 9:15 p.m.
3. BUSINESS MEETING:
3.1 Call To Order and Roll Call All CC present
4. VISITOR'S AGENDA No visitors
5. CONSENT AGENDA:
5.1 Approve Council Minutes for October 10, 17 and 24, 1988.
5.2 Approve Training Request - Police Staff Command School Deleted
Jo/Sc UA - Item 5.1
EXECUTIVE SESSION: The Tigard City Council went 4W into Executive
Session at 9:24 p.m.
Council reconvened: 9:36 p.m.
6. NON-AGENDA ITEMS: From Council and Staff
6.1 Approve Pro T'em Judge Contract; Augur - Res. No. 88-
Community Services Director Tabled
6.2 Award Contract - Employee Classification Review - Res. #88-104
Jo/Ed UA with amendment "fees not to exceed $7,500."
6.3 Surface Water Management Discussion - City Engineer
Bob Cruz of USA updated progress of Steering Committee for which
Sc is Tigard's Rep.; Steering Committee studying whether there
should be a regional storm drainage authority. Review of 2
timelines - Council Consensus: proceed with accelerated
timeline.
7. ADJOURNMENT 10:47 p.m.
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COUNCIL AGENDA - NOVEMBER 21, 1908 - PAGE 1
T I G A R D C I T Y C O U N C I L
REGULAR MEETING MINUTES - NOVEMBER 21, 1988, 1988 - 6:30 P.H.
1. ROLL CALL: Present: Mayor Tom Brian; Councilors: Carolyn Eadon,
Jerry Edwards, Valerie Johnson, and John Schwartz; City Staff: Pat
Reilly, City Administrator; John Acker, Associate Planner; Chuck
Corrigan, Legal Counsel; David Lehr, Chief of Police; Jill Monley,
Community Services Director; Ed Murphy, Community Development Director; j
Liz Newton, Senior Planner; and Catherine Wheatley, Deputy City
Recorder.
2. WORKSHOP MEETING WITH ECONOMIC DEVELOPMENT COMMITTEE
a. Economic Development Committee Members Present: William A.
Monahan, Chairman; Susan Clark, Amo de Bernardis, and Ex Officio
Member, Peggy Weston Byrd.
b. Chairman Monahan updated Council on the Ambassador Program. He
noted that the Committee was seeking direction on:
o How to approach the concept of the Program.
o Who should be involved with the.Program
o How much emphasis should there be on the part of the Committee
and staff in developing and implementing the Program.
C. Discussion followed concerning the need for identification by the
Economic Development Committee of their role in the Ambassador
Program. Up to this time, there had been an informal structure
law wherein the Chamber of Commerce staff and a few members of the
Committee have met with individuals interested in selecting
Tigard as their business location.
It was clarified that the Ambassador Program would not attempt to
take the place of existing City services but would serve to
direct individuals to the appropriate City staff. It was
suggested that a copy of all new business licenses be forwarded
to the Economic Development Committee so they could welcome new
businesses and offer assistance.
Council consensus was that the Ambassador Program be developed as
a major focus of the Economic Development Committee. This
program would assist new, existing, and potential businesses in
Tigard. Council consensus further was that the Economic
Development Committee could proceed with design of an information
brochure listing City staff contacts and outline City government
structure. Several ideas were proposed for the development of
the Ambassador Program; ideas included:
o A "report card" on the effectiveness of the Ambassador Program
which would be left for a business owner to complete.
O Diffuse negative feelings where there had been a problem or
misunderstanding.
o Take note of where consistently bad reports were being
received and forward the information to the appropriate party.
Page 1 - COUNCIL MINUTES - NOVEMBER 21, 1988
o Encourage new businesses to move in.
o Provide a support group for new businesses.
o Focus on assisting new businesses, not promoting the "City
agenda."
o Coordinate information with City staff.
CHUCK CORRIGAN, LEGAL COUNSEL, ARRIVED AT 7:20 PM
d. Tigard Triangle - Chairman Monahan noted that the Committee
requested to remain involved and receive any new information
concerning the development of the Tigard Triangle. He noted that
the Committee would prefer not to take the lead in the Tigard
Triangle effort; however, they would like to have a Economic
Committee member liaison.
e. City Center Plan - The Economic Development Committee would
continue to send a liaison to the City Center Plan Task Force and
would also like to continue sharing information with the Task
Force.
During discussion it was noted that it would be more likely for
the Ambassador Program to develop an outreach program for the
Tigard Triangle than in the City Center because the Triangle area
was essentially undeveloped. It was noted that the Economic
Development Committee might be of assistance should the City be
looking for a specific type of business for the area.
f. Land Use Decisions - Chairman Monahan noted that the Committee
r had never taken an active role with regard to land use
decisions. The Economic Development Committee would like to have
the opportunity to review land use proposals and offer
suggestions from an economic development viewpoint.
g. Light Rail - It was noted that a long-term effort would be needed
for attraction of a light-rail system in the area. The number of
people working on this project would continue to increase; a
persistent effort would be needed.
There was agreement that Tigard needed to continue to send
representatives to the Tualatin Valley Economic committee
meetings to remain informed of the progress of the light rail
effort.
3. EXECUTIVE SESSION: The Tigard City Council went into Executive
Session at 7:42 PM under the provisions of ORS 192.660 (1) (d), (e),
and (h) to discuss labor relations, real property transactions, and
current and pending litigation issues.
COUNCIL MEETING RECONVENED AT 9:15 PM
4. RESOLUTION NO. 88-104 - A RESOLUTION OF THE CITY OF TIGARD CITY
COUNCIL APPROPRIATING CONTINGENCY FOR A CLASSIFICATION STUDY.
a. Motion by Councilor Johnson, seconded by Councilor Edwards, to
approve Resolution No. 88-104.
Page 2 - COUNCIL MINUTES - NOVEMBER 21, 1988
b. After brief discussion the motion was amended by motion of
Councilor Johnson, seconded by Councilor Edwards to note that in
the second WHEREAS paragraph, it would read as follows:
"WHEREAS, the cost of such study shall not exceed $7,500 and was
not included in the 1988-89 Adopted Budget, and .
The motion, as amended, was approved by unanimous vote of Council
present.
5. CONSENT AGENDA:
a. Motion by Councilor Johnson, seconded by Councilor Schwartz, to
approve Consent Agenda Item 5.1 - "Approve Council minutes for
October 10, 17, and 24, 1988."
The motion was approved by unanimous vote of Council present.
b. Item 5.2, Approve Training Requests - Police Staff Command
School, was considered separately. s
Executive Session was called to order at 9:24 under the
provisions of ORS 192.660 (1) (i) to review and evaluate policy
directives adopted by the governing body of the employment
related performance of a staff member.
COUNCIL MEETING WAS RECONVENED AT 9:36 PM
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Council consensus was to not act upon Item 5.2. The City
Administrator would review this item and make a recommendation at
a later time.
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C. Council had received the pro tem judge contracts. These
contracts would be reviewed at the next meeting.
CHUCK CORRIGAN, LEGAL COUNSEL, LEFT THE MEETING AT 9:39 PM
6. SURFACE WATER MANAGEMENT DISCUSSION ;
CHIEF OF POLICE LEFT THE MEETING "t
a. Bob Cruz of Unified Sewerage Agency updated the progress of the E
Steering Committee concerning a regional storm drainage
authority. Some items which were brought out during the
presentation and discussion were as follows:
o All but four cities in the area were members of the Steering
Committee. (Those cities not participating were: North
Plains, Gaston, Banks, and Durham.)
o To date, two Steering Committee meetings had been held.
o In 1982, Washington County commissioned a storm drainage study
which concluded that storm drainage should be handled on a
regional basis.
Page 3 - COUNCIL, MINUTES - NOVEMBER 21, 1988
o New rules from the Department of Environmental Quality (DEQ)
stated that storm drainage may require permits similar to
sanitary sewer plants. Permit procedures were scheduled to
start in 1990 or 1991.
o Unified Sewerage Agency (USA) was prohibited to expend funds
for anything except for sanitary sewer. Therefore, when the
need arose for a study on the storm drainage issue, cities in
the area were asked to contribute to the cost of $1.00 per
person in their jurisdictions. j
o Public involvement would be a major factor in the study
process.
o The representative on the Steering Committee for Tigard was
Councilor John Schwartz.
o Council received copies of two timelines. After discussion,
Council consensus was to agree that Councilor Schwartz should
notify the Steering Committee that Tigard's preference was to
proceed with the accelerated timeline.
o Still to be determined was whether or not the storm drainage
should be taken care of by:
1. A completely new district;
2. Added to the USA as one of their responsibilities;
3. Each city form their own district; or
4. Legislation at the state level directing the formation of r
a regional authority and utilization of the Boundary
Conunission.
o If the Legislature should decide to take action on this issue,
the need for going to a vote would be eliminated.
o Funding mechanisms were discussed including user fees, taxes,
or other fees.
o The DEQ standards were quite stringent; it would be difficult
to meet these standards under current timelines.
o If the ballot measure fails to obtain the funding necessary,
the 1993 deadlines may not be met. Discussion followed
concerning the ramifications of not meeting the deadline. Two
possible ways an area could be penalized would be for fines to
be levied or a moratorium on development. Mr. Cruz advised
that emphasis be placed on the storm drainage issue and the
region continue to work hard to meet the standards. Then in is
1993, if the area has shown they have made a good faith
effort, the EQC may take this into consideration.
10. ADJOURNMENT: 10:47 PM
Approved by the Tigard City Council on January 9, 1989.
Deputy City Recorder-City of Tig 1
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Mayor - City of Tigard
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Page 4 - COUNCIL MINUTES - NOVEMBER 21, 1988
TIMES PUBLISHING COMPANY Legal 7-6770
P.O. BOX 370 PHONE (503) 684-0360 Notice
BEAVERTON. OREGON 97075
` EG L, Le 01 Notice Advertising
(PITY OF TIGARD NOV 2 2 1988 0 E3 Tearsheet Notice
PO BOX 23397
?IGARD, OR 97223 r l- 'PAR!1 9 E3 Duplicate Affidavit
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON, - )ss
COUNTY OF WASHINGTON, )
I, ELAINE PETROGEORGE
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the TT rARD TIMES
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at T T G ARD in the
aforesaid county and state; that the
(-TTY c.,nTjNi TT MFFTTNG NOTICE
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues: -
Nov i7 1988
Subs eii and -sworn to b re me this N 0 V . 18 19 8 8
Not ublic for Oregon
My Commission Expires: 9/20-/92
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AGENDA ITEM # --VISITOR'S AGENDA DATE Iol k s 8'
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council
wishes to hear from you on other issues not on the agenda, but asks that you
first try to resolve your concerns through staff. Please contact the City
Administrator prior to the start of the meeting. Thank you.
NAME & ADDRESS TOPIC STAFF CONTACTED
WORKSHOP AGENDA
ECONOMIC DEVELOPMENT COMMITTEE/CITY COUNCIL
Monday, November 21, 1988
1. Ambassador Program
• Council direction on program content, roles of the EDC, Chamber
of Commerce and Council, and outreach program.
2. Tigard Triangle
• EDC continuing; role
3. City Center Plan
e EDC continuing role
4. Land Use Decisions
e Council direction on when and how input from the EDC would be
welcomed
5. Periodic Review
o EDC role
e Concern for continued livability of Tigard
6. Light Rail
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ECONOMIC DEVELOPMENT COMMITTEE
Please sign in:
,41
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 21, 1988 DATE SUBMITTED: October 4 1988
ISSUE/AGENDA TITLE: Training Request PREVIOUS ACTION:
for Police Staff Command School by
Northwestern University at the
Oregon Police c em PREPARED BY: Chief David C. Lehr
DEPT HEAD OK.` CITY ADMIN OK REQUESTED BY: Chief David C. Lehr
POLICY ISSUE
INFORMATION SUMMARY
The Department of the Oregon State Police has contracted with the Northwestern
University Traffic Institute to host their 10-week School of Police Staff and
Command in 1989. A portion of the training cost has been funded by the
Traffic Safety Commission. The program will enable personnel with command and
staff- responsibilities to acquire the knowledge and skills requisite to
organizing and planning for police service and administration. Major program
areas include: The Management Process, Personnel Administration, Technical
Skills for Effective Police Management, and Issues and Skills for Senior
Command and Staff Officers.
The dates of the school are: (two week segments over five months)
January 16-20, 23-27 April 12-21, 24-28
February 13-17, 20-24 May 22-26, 29 - June 2, 1989
March 20-24, 27-31
The school will be held at the Oregon Police Academy, Monmouth, Oregon, and
will be BPST certified for 350 hours. They have reserved 10 spaces for local
law enforcement agency students.
The cost to our agency for the 10-week school will be $2,290, which includes
course materials, meals, and lodging. It has been the Oregon State Police
experience that sending one individual to the 10-week School of Police Staff
and Command in Evanston, Illinois, costs a minimum of $4,500 per student.
ALTERNATIVES CONSIDERED With our ever growing community, the Police Department has increasing demands
placed on it and its personnel. This is an excellent opportunity for Lt.
Wheeler to obtain This nationally recognized training at a much reduced cost.
This training will be of great value to the Police Department and the citizens
of this community, as well as a career enhancement for Lt. Wheeler.
Sufficient funds are in the training budget to pay the costs.
1. Approve the request.
2. Deny the request.
FISCAL_ IMPACT
1. $2,290.00
SUGGEST D ACTION Le
1. Staff recommends approval of the reques r
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EDUCATION/TRAINING REQUEST
This form is to be used for conferences, seminars, college classes and other
forms of either training or education. Documentation is required, a copy is
to be attached to this form. Attachments for mailing may also be attached. A
follow up report is required. A copy will be placed in your personnel file.
DATE OF REQUEST: October 5, 1988 Requested by: Lt. R. Wheeler
Vendor No.:
PAYABLE TO: NorLhwPS rn University [ ] Employee request attend
Traffic Institute [XX] Employer required attend
For check run of
( J Mail check
( ) Notify dept. when ready
Vendor No.: Vendor No.:
PAYABLE TO: PAYABLE TO:
Title of Program: POLICE STAFF & COMMAND SCHOOL
Institution or organization Northwestern liniversit Traffic Institute
Registration Deadline ASAP Training Dates From: 01-16-89 To: 06-02-89
Describe the purpose:
SEE ATTACHED COUNCIL AGENDA ITEM SUMMARY
Is this related to [XXJ current position [ j reasonable promotion or transfer?
Explain:
TRAINING COSTS: [XX] to be advanced [ ] to be reimbursed after attendance
Account No. Amount
Registration or tuition 10-1120-625:00 $2,290.00
Books..
Travel (mileage, bus, train, airplane, etc.)....
Lodging
Per Diem
Other:
Total $ 2,290.00
Authorizations: I(employee), understand and agree that if all conditions of
education/training policies a e not met, I may be required to reimburse the
City for any expendi mad o my behalf.
Employee Signature: c Date 10/05/88
Appropriation balance: $7,1/R .00 Manager: ' ( ] approved [ ) disapproved
Dept. Head: [ ] approved [ ] Disapproved (explain):
This training is constitent with -1t. Wheeler's current assignment of Patrol
Division Commander
Finance Director:
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Department of State Police
NEIL GOLOSCNMIDT PUBLIC SERVICE BUILDING, SALEM, OREGON 97310
GOVERNOR
October 3, 1988
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TO: ALL CHIEFS/SHERIFFS
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The Department of State Police has contracted with the
Northwestern University Traffic Institute to host their 10-week
School of Police Staff and Command in 1989. A portion of the
training cost has been funded by the Traffic Safety Commission.
The program will enable personnel with command and staff
responsibilities to acquire the knowledge and skills requisite to
organizing and planning for police service and administration.
Major program areas include: The Management Process,
Administration of Police Agencies, Planning Skills, Police
Personnel Administration, Technical Skills for Effective Police !
Management, and Issues and Skills for Senior Command and Staff
Officers.
The dates of the school are:
(Two week segments over five months)<
January 16-20, 23-27 April 12-21, 24-28
February 13-17, 20-24 May 22-26, 29 - June 2, 1989
March 20-24, 27-31
The school will be held at the Oregon Police Academy, Monmouth,
Oregon, and will be BPST certified for 350 hours. We have
reserved 10 spaces for local law enforcement agency students.
Any chief or sheriff interested in attending should submit a
brief biography to the Department prior to October 31, 1988. If
the Chief or Sheriff desires to nominate one of his supervisors,`
he should submit the individual's name, along with a brief
biography of the candidate to the Department.
The cost to your agency for the 10-week school will be $2290
which includes course materials, meals and lodging. It has been 4
our experience that sending one individual to the 10-week School
of Police Staff and Command in Evanston, Illinois, costs a
minimum of $4500 per student.
All Chiefs/Sheriffs
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Successful candidates will be notified by November 15, 1988.
If you have any further questions regarding this valuable
training program, please contact Captain Chambers at 378-8192.
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Sincerely,
m L. Brandaw, Superintendent
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: November 14, 1988 DATE SUBMITTED: November 1, 1988
ISSUE/AGENDA TITLE: Muni Pro Tem PREVIOUS ACTION: Council Requested
Judges' Personal Service Contracts on 3/14/86 per Resolution N 88-21
_ PREPARED BY: Loreen Wilson
DEPT HEAD OK i`j,' CITY ADMIN OK REQUESTED BY:
POLICY ISSUE
Council set policy by adoption of Resolution No. 88--21.
INFORMATION SUMMARY
At the conclusion of the initial Municipal Court Study Report, Council adopted
Resolution No. 88-21 which directed the City Recorder to negotiate personal
service contracts with the Municipal Court Pro Tem Judges. The contracts were
to be based on the salary figures used in the study which were effective
July 1, 1988.
The contracts were reviewed with staff and Legal Counsel and then shared with
the judges. The contracts follow the generic form of the personal services
contract developed by the City. The adoption of the contracts will make the
following changes and improvements over the City's past practice:
1. Create a written document which will allow a clearer understanding
between Council, Pro Tem Judges, and staff;
2. Set out the duties of the Pro Tem Judges;
3. Change the method of payment for judges' services from payroll to
independent contractor status.
ALTERNATIVES CONSIDERED
1. Approve the contracts by passing resolutions for both pro tem judges,
Janice Augur and Ken Bourne.
2. Give further direction to staff.
FISCAL IMPACT
1. Meets with approved budgeted figures.
2. Unknown.
SUGGESTED ACTION -
Alternative #1 - Motion to approve both contracts by resolution.
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CITY OF TIGARD, OREGON
RESOLUTION NO. 88-
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING PERSONAL SERVICE CONTRACT
WITI4 M. JANISE AUGUR, MUNICIPAL COURT PRO TEM JUDGE.
WHEREAS, Section 10 of the Tigard City Charter provides for the office of
Municipal Judge and Chapter 2.16 of the Tigard Municipal Code provides for the
office of Municipal Judge pro tempore; and
WHEREAS, M. Janise Augur has served as a Municipal Court pro tem Judge since
April 9, 1987; and
WHEREAS, the Tigard City Council has found the pro tem Judge's performance to
be satisfactory during that time; and
WHEREAS, the City Council now wishes to formalize the understood reporting
procedure between the City, Municipal Judge, and the pro tem Judge; and
WHEREAS, the City Council wishes to change the method of payment for pro tem
Judge services from payroll deduction to independent contractor status.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Personal Services Contract is entered into by mutual agreement
of the parties as set forth in the attached Exhibit "A". This Contract will
take effect and upon taking effect shall repeal and
replace all prior verbal and written agreements.
PASSED: This day of _ 1988.
ATTEST: Mayor - City of Tigard
Deputy City Recorder - City of Tigard
APPROVED AS TO FORM:
City Attorn y -
Date
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RESOLUTION NO. 88-
Ar'
EXHIBIT "A"
CITY OF TIGARD, OREGON
CONTRACT FOR PERSONAL SERVICES
CONTRACT TITLE: MUNICIPAL COURT PRO TEM JUDGE
This Contract, made and entered into this day of September, 1988, by arid
between the City of Tigard, a municipal corporation of the State of Oregon,
herein- after called "City" and M. Janise Augur, hereinafter called "pro tem
Judge", duly authorized to perform such services in Oregon.
W I T N E S S E T H:
WHEREAS, City requires the services of pro tempore Judges; and
WHEREAS, pro tent Judge is able and prepared to provide such services as
the City requires, under those terms and conditions set forth; and
WHEREAS, City and pro tent Judge desire a written agreement creating a
professional and businesslike relationship, serving as a basis for effective
communications and to avoid misunderstanding.
NOW, THEREFORE, IN CONSIDERATION of those mutual promises and the terms
and conditions set forth hereafter, the parties agree as follows:
1. Service Description.
Pro tem Judge shall perform the following personal services only when the
Municipal Judge is unable to perform his duties by reason of absence from
the City, illness, vacation, disqualification as provided by ORS 221.347,
or as specifically determined by the City Recorder:
A. Preside over criminal, traffic, and parking case arraignments,
trials, and hearings following the procedure and process standards
set by the Municipal Judge; and
B. Additional projects as directed by the City Council and agreed upon
by pro tent Judge.
2. Compensation.
A. City agrees to pay pro tem Judge for performance of those services
outlined in this contract at a rate of $38.00 per hour and said rate
shall be paid in semi-monthly payments no later than the 5th and 20th
of each month.
B. Payment by the City shall release the City from any further
obligation for payment to pro tem Judge for service or services
performed or expenses incurred as of the date of the statement of
services. Payment shall not be considered acceptance or approval of
any work or waiver of any defect therein.
C. The City certifies that sufficient funds are available and authorized
for expenditure to finance costs of this contract.
D. All work performed by pro tem Judge under this Contract shall be the
property of the City.
3. Term Of Agreement.
Pursuant to Chapter 2.16 of the Tigard Municipal Code, the term of this
agreement shall be indefinite and at the pleasure of the Mayor and City
Council, but shall be renewed annually on a fiscal year basis.
Compensation and special projects shall be reviewed annually.
4. City's Representative.
While it is recognized that pro tem Judge works at the pleasure of the
Mayor and City Council, for purposes of the services outlined in Section 1
of this Contract, the City's authorized representative will be the City
Recorder, (13125 SW Hall Blvd., P.O. Box 23397, Tigard, OR, 97223, (503)
639-4171), pursuant to Section 10 of the City Charter which shall exclude
from supervision the exercise of judicial authority functions.
City's Obligation.
In order to facilitate the work of pro tem Judge as above outlined, City
shall furnish to pro tem Judge access to all existing information which is
in the City's possession concerning the Municipal Court caseload.
6. Pro Tem Judge Is Independent Contractor.
A. Pro tem Judge shall be an independent contractor for all purposes and
shall be entitled to no compensation other than the compensation
provided for under Section 2 of this Contract.
B. Pro tem Judge acknowledges that for all purposes related to this
Contract, she is and shall be deemed to be an independent contractor
and not an employee of City, shall not be entitled to benefits of any ;
kind to which an employee of the City is entitled and shall be solely
responsible for all payments and taxes required by law. Not
withstanding Judge's status as independent contractor, the City shall
provide liability insurance covering Judge while she is acting within
the scope of Judge duties for the City, as provided in Section 1
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herein. !
C. In the event that pro tem Judge is found by a court of law or an
administrative agency to be an employee of the City for any purpose, i
City shall be entitled to offset compensation due to demand repayment
of any amounts paid to pro tem Judge under the terms of this
Contract, to the full extent of any benefits or other renumeration
pro tem Judge receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required
to make (to pro tem Judge or to a third party) as a result of said.
finding. S
7. Termination
E
A. This Contract may be terminated by either City or pro tem Judge for
any reason whatsoever upon the giving of 30 days written notice to
either party.
B. Termination under any provision of this Section shall not affect any
right, obligation, or liability of pro tem Judge or City which
accrued prior to such termination. r
8. Indemnification.
Pro tem Judge agrees to indemnify and to hold-harmless the City, its
Officers, Employees, and Agents against and from any and all loss, claims,
actions, suits, including costs and attorneys' fees, for or on account of
injury bodily or otherwise, to, or death of persons, damage to or
destruction of property belonging to City, pro tent Judge, or others,
resulting from, arising out of, or in any way connected with pro tent
J'udge's activities hereunder, excepting only such injury or harm as may be
caused solely by the fault or negligence of the City, its officers,
Employees, and/or Agents.
9. Attorney's Fees
In case suit or action is instituted to enforce the provisions of this
Contract, the parties agree that the losing party shall pay such sum as a
Court may adjudge reasonable attorney's fees and court costs including
attorney's fees and court costs on appeal to appellate courts.
10. Applicable Law
This Contract will be governed by the laws of the State of Oregon and the
City of Tigard.
i
11. Complete Agreement
This Contract constitutes the complete agreement between City and pro ten
Judge and supercedes all prior written or oral discussions or agreements.
i
IN WITNESS WHEREOF, the City has caused this Contract to be executed by its
duly authorized undersigned officers, acting pursuant to resolution of the i
City Council, duly passed at the regular meeting held on the _ day of ,
1988, and the pro tent Judge has executed this Contract on the date hereinabove
first written.
CITY OF TIGARD
By
Mayor
By
City Recorder f'
JUDGE°
By
M. Jani a Aug
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DECLARATION OF INDEPENDENT CONTRACTOR STATUS
DATA:
City of Tigard, Oregon
NAME OF PERSON LETTING CONTRACT
PO Box 23397, Tigard, Oregon 97223 Address
M. Janise Augur
NAME OF INDEPENDENT CONTRACTOR
Address
Time or Project(s) covered by the Declaration:
The undersigned hereby declare that all services performed under the
Contract dated shall be rendered by the independent contractor
in his status as an independent contractor.
In consideration of the letting of this Contact, the independent
contractor agrees to indemnify the person letting the contract for any
damages, expenses, costs and disbursements, and attorneys' fees incurred by
said person as a result of the independent contractor's failure to adhere to
the terms of this declaration.
t
The parties to this declaration understand that a person who files a
declaration of status as an independent contractor is not eligible to receive'
workers' compensation benefits in the event.•of- injury or disease, unless said j
person has obtained coverage for such benefits pursuant to ORS 656.128. G:
F
Dated this day of 1988. E
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Ind a dent itractor
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Person Letting Contract
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CITY OF TIGARD, OREGON
IC,
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: jam2, h. _s=-4-".-, 1988 .DATE SUBMITTED: November A 1988
ISSUE/AGENDA TITLE: PREVIOUS ACTION:
Classification Study Consultant
Selection PREPARED BY: Janice Deardorff 9 .14 DEPT" HEAD 010• CITY ADMIN OK ~ REQUESTED BY: City Council
POLICY ISSUE
Selection of a consultant to conduct a classification study for the City of
Tigard.
_ _
INFORMATION SUMMARY
Council approved consideration of an outside consultant to conduct a
classification review on August 22, 1988. Staff was asked to return with a
recommendation and cost of a study.
The Cost of retaining such a consultant was not included in the 1988-89
Adopted Budget. In order to enter into a contract with the selected consul-
tant, contingency must be appropriated by resolution in the amount of $7,500.
Staff recommends the use of the Pringle Company. The Pringle Company proposal
is attached. The Pringle Company has extensive experience conducting
classification studies in the private and public sector. Their proposal is
stronger than the others considered in that they provide us with a mechanism
for evaluating our positions as changes occur over time. The results of this
study should be valid for the next 5 years.
Aff' ALTERNATIVES CONSIDERED
1. The Local Government Personnel Institute
2. Price Waterhouse
3. Sextant Consultants, Inc.
4. Pringle Company
FISCAL IMPACT
1. Estimate of $6000, not to exceed $7500.
SUGGESTED ACTION
1. Contract with the Pringle Company to conduct the classification study.
7841D
CITY OF TIGARD, OREGON
RESOLUTION NO. 88-
A RESOLUTION OF THE CITY OF TIGARD CITY COUNCIL APPROPRIATING CONTINGENCY FOR
A CLASSIFICATION STUDY.
WHEREAS, the City Council on August 22, 1988, approved consideration of an
outside consultant to conduct a classification review and requested staff to
form a recommendation and a cost analysis, and
WHEREAS, the cost of such a study has been determined to be $7,500.00 and was
not included in the 1988-89 adopted budget, and
WHEREAS, the Tigard City Council desires to provide funding from contingency
for such a study.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: Contingency is to be appropriated as follows:
General Fund
Community Services - Personnel $7,500.00
Contingency ($7,500.00)
PASSED: This day of 1988.
ATTEST: Mayor - City of Tigard
Deputy Recorder - City of Tigard
APPROVED AS TO FORM:
City Recorder
Dare
RESOLUTION NO. 88-
TM
PPITGLE
CONUMM
One S.W. Columbia, Suite 1050
Portland, Oregon 97258
(503(221-0048
October 17, 1988
Ms. Janice Deardorff
Personnel Manager
City of Tigard
P.O. Box 23397
Tigard, Oregon 97223
Dear Ms. Deardorff:
It was a pleasure to visit with you recently to discuss the
City's need to conduct a classification study for certain of its
employees. During our discussion we explored your needs and the
role which might be played by a consultant in meeting those
needs.
This letter of proposal outlines the objectives of the study and
sets forth a work plan for achieving those objectives. We have
made every attempt to be responsive to your needs. If, however,
we have overlooked any items of significance we will be happy to
discuss modifications to our proposal to suit your needs.
Study Backaround and objectives
As the City has grown and developed it has become evident that
classifications have not kept pace with those changes. Concern
exists that there is a need to update the classification
descriptions for a number of jobs to more accurately reflect
their duties, responsibilities and qualifications. Approximately
30 classifications are in need of such a review, the majority
being in the OPEU bargaining unit and the remainder being in the
professional and management group. There are approximately 60
employees who are assigned to the classifications in question.
It is our understanding the City expects the following specific
results to emerge from the study:
{
Ms. Janice Deardorff
October 17, 1988
Page 2
o Current, updated classification specifications which
accurately reflect the duties, knowledge, skills and
abilities required of the job
o Recommendations regarding the steps which must be taken to
review the compensation for these classifications
o Training for City personnel in the methodology necessary for
ongoing administration of the classification system
o Recommendations for implementation of revised
classifications
Specific classifications to be reviewed are as follows:
OPEU Bargaining Unit
Helper Engineering Assistant
Library Aide Utility Worker I
Office Aide Engineering Tech I
Office Assistant I Utility Worker II
Library Aide l Bldg. Maintenance Specialist
Maintenance Worker Utility Worker III
Library Assistant II Equipment Mechanic
Office Assistant II Codes Enforcement Officer
Engineering Aide Building Inspector I
Library Assistant III Engineering Technician II
Office Assistant III Building Inspector II
Accounting Clerk Engineering Technician III
Building Inspector III
Professional and Management
Deputy City Recorder Assistant Librarian
Associate Librarian Librarian I
Executive Secretary
Other positions may be added during the course of the study. It
is also possible that new classifications may be created or
existing classifications combined as a consequence of the review.
Study Work Plan
In order to accomplish the objectives set forth in the preceding
section of our proposal the following work plan must be
undertaken. The plan contains a series of specific tasks which
collectively lead to the desired outcome.
Ms. Janice Deardorff
October 17, 1988
Page 3
1. Gather all materials relevant to the study including such
things as current classifications, employee lists,
organization charts, compensation structure, union
contracts, etc.
2. Conduct a meeting(s) with affected employees to introduce
the study and inform them of their role in its completion.
3. Prepare a questionnaire for distribution to the employees
which will gather information regarding their jobs.
Incorporated in the questionnaire will be a copy of the
employee's current classification specifications for review
and updating.
4. Distribute the questionnaire to all employees for
completion.
5. Have the completed documents reviewed by the employees'
immediate supervisors. It will be a requirement that the
supervisors not alter any employee response but add their
own comments as appropriate.
6. Select approximately 10 to 12 employees to interview
regarding their jobs. Selection will be based on the
questionnaire responses, with preference given to those
classifications which appear to be ambiguous or where there
is disagreement over job content.
7. Based on the data provided in the questionnaires and
interviews, draft classification specifications for all.
jobs. It is our understanding that City personnel may be
available to assist with this task. We would welcome that
involvement but are also prepared to draft all documents
ourselves. Our price quote presented later in the proposal
takes into account these two options. At a minimum, we
would expect to draft the specifications for the
professional and management positions. If City personnel
are utilized, we will provide all necessary training to
them.
8. Circulate the draft specifications to all employees and
their supervisors for a final review.
9. Incorporate any final changes into the specification
documents.
10. Develop recommendations for implementation and ongoing
maintenance of the classification system.
qL
Ms. Janice Deardorff
October 17, 1988
Page 4
11. Develop recommendations regarding a compensation review for
City employees to be conducted at some time in the near
future. The recommendations will serve as a blueprint for
that review whenever it is undertaken.
12. Prepare and present a final written report to the City.
Study Timing and Costs
We understand your need is to have the study completed by the end
of the calendar year. Since a decision will presumably be
reached at the Council meeting on October 24th we would
anticipate a starting date of approximately November 1st. on
this basis, we are fully prepared to commit to meet your
completion deadline, assuming necessary people are available
during this time period.
Our fees for consulting work accrue on an hourly basis. In
addition, we bill for any expenses directly related to projects
such as printing costs, clerical support, etc. We estimate our
fees for the proposed study will not exceed $7,500 if we perform
all study tasks as outlined in the work plan. If City personnel
are available to draft bargaining unit classification
specifications our fees will not exceed $6,000. Direct project
expenses should be minimal (no more than $200).
Our Qualifications
The Pringle Company is a Portland based management consulting
firm. The development and revision of compensation systems,
including job analysis or classification, has been a significant
part of our practice since the firm was founded in 1975. If we
are selected to perform the study Mr. Rex Bybee and Ms. Brenda
Pittmon will be assigned to the project. Mr. Bybee will be the
project manager as well as the lead consultant. Ms. Pittmon will
assist in drafting classification specifications if you request
us to do them for all employees. Resumes for both individuals
appear as attachments to the proposal..
We believe it is important for you to discuss our qualifications
with other organizations for which we have performed similar
work. Accordingly, we would invite you to contact the following
individuals in public sector organizations.
Ms. Janice Deardorff
October 17, 1988
Page 5
Ms. Charlene Richards
Assistant to the City Administrator
West Linn Oregon
657-0331
Dr. Brian Brown
Director of Human Resources
Linn-Benton Community College
Albany, Oregon
967-6502
Mr. Roy Lindsay
Administrative Vice President
Portland Community College
Portland, Oregon
293-4946
If you require additional references, we will be pleased to
provide them.
We are genuinely excited about the possibility of being of
service to the City. We understand the sensitivity of the study
as it impacts both the employees and their jobs as well as the
organizational efficiency of the City's operations. We look
forward to your decision.
Yours truly,
THE INGLE OMP,TY J
Rex D. Bybee
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QUALIFICATIONS RESUME
REX D. BYBEE, CPA
Rex Bybee joined The Pringle Company in 1976, as a principal in the firm.
Mr. Bybee is the firm's practice leader in accounting systems development and
financial consulting. He has extensive experience with diverse business clients. For
example, he has worked with printing companies, advertising agencies, small
retailers, film production companies, manufacturing companies, contractors, and
brokerage firms.
Mr. Bybee has had special training in the areas of executive recniiting,
organization planning and analysis, executive compensation, and salary
administration.
Mr. Bybee's professional qualifications include the
following:
B.S. degree in Accounting, minor in Finance
Weber State College
Certified Public Accountant
Professional Experience
11 years The Pringle Company
Principal and Management Consultant
7 years Arthur Young & Co., Portland, Oregon
Manager - Management Consulting
Mr. Bybee is a member of the Board of Directors and President-Elect of the
Beaverton Area Chamber of Commerce and serves as Chairman of the Board of
Directors of an Oregon Health Maintenance Orgganization (HMO). He is the Past
Chairman of the Board of Metropolitan Family Service and a Past President of
Metropolitan Family Service Foundation.
QUALIFICATIONS RESUME
BRENDA PITTMON
Brenda Pittmon joined The Pringle Company in 1983 as a client support
specialist. In addition to her duties in project research and client communication,
she was also involved in internal office management.
Presently, Ms. Pittmon fills an expanded role as a paraprofessional which
includes consultation in executive search, compensation and lob analysis, and in
compensation surveys. She has served clients in various industries including
insurance, manufacturing, professional corporations, local government, high
technology and education.
Ms. Pittmon obtained a B.A. degree from Oregon State University in Business
Education.
.hH
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SURFACE WATER MANAGEMENT IN WASHINGTON COUNTY
ORIGINAL PROJECT SCHEDULE
November 17, 1988
Phase I - Project Initiation & Design
Key Tasks: Date Complete:
o Establish Steering Committee 11/2/88
o Community opinion analysis 11/17,11/30
o Overview of funding options 11/30
o Refined workplan 12/6
Key Decisions:
o Project schedule & scope 11/17
o Boundary study area 11/17
Phase II - Public Outreach
Key Tasks:
o Establish Inter-Governmental Coordinating 12/14
Committee
o Establish Citizens Advisory Committee 12/15
o Public Forum 1 1/14
o Establish Regional Work Groups 1/26
o Resource inventory 3/2
o Identification of program options- 2/28
Key Decisions: -
o Project objectives 3/2
o Selection of options for development 3/2
Phase III-- Management/Program Options Development
Key Tasks:
o Evaluation of program options (technical 6/9
studies, periodic IGCC and CTF meetings)
Phase IV - selection of Preferred Program
Key Tasks:
o Present program options to cities 6/12-6/21
o Public Forum 2 6/24
o Draft inter-local agreements 6/29
o Draft management proposal 7/13
o Draft DEQ Urban Runoff Program Plan 7/13
Key Decisions:
o Selection of preferred program 7/13
Phase V - Public Decision
Key Tasks:
o Present [Boundary Commission] Proposal 8/2-9
to cities/County
(Board Hearing = 9/5)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
o Submit to BC 9/13
o Submit Urban Runoff Program Plan Draft to DEQ 9/27*
(BC Hearing 1/11/90)
(Order to Board 1/16)
o Submit Final Program Plan to DEQ 1/19*
(Board Hearing _ 2/13)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
o File Ballot Measure 2/20.
o Election - 3/27 -
Key Decisions:
o Cities/County approval 8/30
Phase VI - Evaluation
Key Tasks:
0 Final Evaluation 2/19 or 4/27
Now 01-
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at 11189 12188
I. 5copin8
II. public Outreach
'rev. pr°~acc+lM&n't Opttans
III.
IV. Select Option
public~g~°n
~ p~uation
Full pcf►vity
partial Actit`n'
'Boundaryna1li$a ng
process
Election (i{pets°nedl
ONION
SURFACE WATER MANAGEMENT IN WASHINGTON COUNTY
OPTION TWO PROJECT SCHEDULE
November 17, 1988
Phase I - Project Initiation & Design
Key Tasks: Date Complete:
o Establish Steering Committee 11/2/88
o Community opinion analysis 11/17,11/30
o Overview of funding options 11/30
o Refined workpian 12/6
Key Decisions:
o Project schedule & scope 11/17
o Preferred management option 11/17
o Boundary study area 11/17
Phase II - Public Outreach
Key Tasks:
o Establish Inter-Governmental Coordinating 12/14
Committee
o Establish Citizens Advisory Committee 12/15
o Three community workshops 1/11/89-1/13
o Resource inventory _ 1/26
E
o Ideritification_ of -program. options 2/28
Key Decisions: - -
o Project objectives 1/26
o Management authority 1/26
Phase III - Program Options Development (does not include
management gptions) `
Key Tasks: i
i.
o Evaluation of program options
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Phase IV - Selection of Preferred Program
Key Tasks:
o Present program options to cities 2/13-15
o Public Meeting to present program options 2/21
o Draft inter-local agreements 2/28
o Draft service district proposal 4/3
Key Decisions:
o Selection of preferred program 3/2
Phase V - Public Decision
Key Tasks:
o Present [Boundary Commission] Proposal 4/3-4/12
to cities/County
(Board Hearing - 4/18)
o - -Submit Urban Runoff - Program - Plan 11/17
- - - _ - - - - -
o Submit to BC 4/26
(BC Hearing 8/24)
(Order to Board 9/5)
(Board Hearing 9/26)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
o File Ballot Measure 10/6
o Election 11/7
Key Decisions: -
o Cities/County approval 4/13
Phase VI - Evaluation
Key Tasks:
o Final Evaluation 10/21 or
12/9
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SURFACE WATER MANAGEIENT IN WASHINGTON COUNTY
COMPARISON OF SCHEDULES/SCOPES
November 17, 1988
OPTION 2:
Advantages:
o Accelerated schedule - more time for implementation
o Potentially takes advantage of current interest
Potential Problems:
o Less public involvement = less assurance of public support
o Assumes Steering Committee can make immediate choice for
management authority
o Allows two weeks for cities/County approval of Boundary
commission proposal
ORIGINAL:
Advantages:
o More public involvement = more assurance of public consensus,
support and compliance
o Opportunity to evaluate/consider management options
o Allows more time for cities/County approval of Boundary
Commission proposal
Potential Problems:
o Allows 5 months less for-implementation before June 1993 DEQ
deadline
CONSIDERATIONS:
o Is there unity among jurisdictions on preferred management?
o How firm are the differences?
o Is there sufficient support in the community?
0 Is there a window of opportunity?