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City Council Packet - 10/19/1993 CITY OF TIGARD s OREGON l k .f .a .f PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are estimated: it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao. SEE ATTACHED AGENDA COUNCIL AGENDA - OCTOBER 19, 1993 - PAGE 1 AGENDA 1. STUDY MEETING (6:30 P.M.) Agenda Review Council Discussion/ Reports from Staff • Charter Amendments • Annexations • Water Discussion EXECUTIVE SESSION: The Tigard City Council MAY go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. ADJOURNMENT h:\recorder\cca\cca1019.93 COUNCIL AGENDA - OCTOBER 19, 1993 - PAGE 2 Council Agenda Item 3.1 T I G A R D C I T Y C 0 U N C I L MEETING MINUTES - OCTOBER 19, 1993 • Meeting was called to order at 6:30 p.m. by Mayor Edwards. 1. ROLL CALL Council Present: Mayor Jerry Edwards; Councilors Judy Fessler, Wendi Conover Hawley, and Paul Hunt. Staff Present: Patrick Reilly, City Administrator; John Acker, Associate Planner; Ed Murphy, Community Development Director; Liz Newton, Community Relations Coordinator; Tim Ramis, Legal Counsel; and Catherine Wheatley, City Recorder. 2. PORTLAND STATE UNIVERSITY - INSTITUTE OF PORTLAND METROPOLITAN STUDIES Mr. Ethan Selzer, Director of the above-referenced institute OEM made a brief presentation with regard to a request for a contribution from the City of Tigard. (See Council packet for background information.) Council discussed the request and the work that the Institute proposes to do. The contribution request is for a one-time payment to allow the Institute an opportunity to establish a track record for their research program. Once established, then the Institute will have the means to seek endowment funding from private and public grant sources. Mr. Selzer, in response to Council notes of concern, assured the Council that participation was being sought from many agencies in a five-county area. The institute does not want to be perceived as beholden to a single funder. To that end, they would like to have the participation of every jurisdiction and agency at a level they feel they can afford. Mayor Edwards and Councilors Hawley and Fessler noted their support of a $2,500 contribution. Councilor Hunt advised he opposed participation because of the numerous programs and projects the City already supports and participates in. In response to a inquiry by Mayor Edwards, Councilor Hunt advised there was no need to defer this issue to the next agenda for additional consideration. Council authorized, by consensus, a one-time only payment to the PSU Institute of Metropolitan Studies in the amount of $2,500. Note: Council decided to postpone their discussions on the Charter Amendments and Annexation (Walnut Island Area). (See Agenda of 10/26/93) ( CITY COUNCIL MEETING MINUTES - OCTOBER 19, 1993 - PAGE 1 ply 3. WATER ISSUES DISCUSSION City Administrator Reilly reviewed material received from Durham, King City, and the Tigard Water District submitted as follow-up to the joint meeting held September 29, 1993. Many of the comments received from the three entities centered around a "check and balance" system over a joint governance structure. Several "word-smithing" comments with regard to the proposed agreement presented by the City of Tigard at the September 29, 1993 meeting were also submitted. Discussion followed by the Council with regard to the governance structure. Councilor Hunt introduced a motion to clarify Tigard's position with regard to water service: Motion by Councilor Hunt, seconded by Councilor Fessler, that the City of Tigard Water withdraw from the Southeast Washington County Water Agency and form a water department within the City of Tigard as of January 1, 1994. I further move that the City of Tigard continue negotiations to provide water distribution and related services to any or all of the other three agencies now in the Southeast Washington County Water Agency. The motion was discussed. Councilor Hawley noted her concerns that such a motion was premature and could be detrimental to the process now underway between the other two cities and the Tigard Water District. Councilor Hunt disagreed. He said the motion was made to clarify that Tigard was going to form a water department but that negotiations could continue. Mayor Edwards noted his agreement with Councilor Hunt's statements. Mayor Edwards said that he did not agree with the proposal for an advisory board or a separate governing body. He referred to the regional water issues which will need a lot of attention and focus. Mayor Edwards summarized the history of the negotiations and frustrations with how the City was being perceived for the last two years since the ideas were first presented on restructuring the water delivery service. He cited problems with continued policy formation and implementation of programs at the water agency during this interim period. Mayor noted his responsibility was to the citizens of Tigard. Councilor Hawley reiterated her concerns about the likelihood of damaging the relations with the other entities involved, especially in light of the discussions and direction agreed upon at the Special Joint Meeting on September 29, 1993. Councilor Fessler noted there was "still some negotiating to CITY COUNCIL MEETING MINUTES - OCTOBER 19, 1993 - PAGE 2 do" and advised it would be her preference not to vote on Councilor Hunts motion at this time. After discussion as to whe^l-her or not to table the motion, Councilor Hunt decided he would not withdraw the motion at this time. Councilors Fessler and Hawley concurred that Tigard should pursue the option of formation of a City water department. Council voted on the motion which failed by a 2 - 2 vote. (Mayor Edwards and Councilor Hunt voted "Yes"; Councilors Fessler and Hawley voted "No.") City Administrator Reilly reviewed his October 12, 1993, memorandum. These issues will be discussed by Council on October 26, 1993 at 5:30 p.m. in a Study Meeting prior to the regular Council meeting that evening. 5. EXECUTIVE SESSION: Cancelled. 6. ADJOURNMENT: 7:50 p.m. tAD tes &atherine Wheatley, city corder ayor,"City of Tigard c1 ~C13 Date: =1019.93 CITY COUNCIL METING MINUTES - OCTOB R 19, 1993 - PAGE 3 COMMUNITY NEWSPAPERS, INC. Log", P.O. BOX 370 PHONE (503) 684-0360 NoticeTr 7695 BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard ° ❑ Tearsheet Notice att: Terry ° 13125 SW Hall Blvd. • ❑ Duplicate Affidavit Tigard, Or 97223 ° The following meeting highlights are ublisbcd Y~ • agendas may be obtained from theCity Recoide 3125 SrW.' Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171.:-, , CITY COUNCIL STUDY MEETING„ AFFIDAVIT OF PUBLICATION O(-'TOBER 19,'1993 TIGARD CITY HALL-.TOWN HALL STATE OF OREGON, ) 13125 S.W. HALL BOULEVARD, TIGARD OREGON COUNTY OF WASHINGTON, as. d Session Stu Y Ctbwn Hall Conference Room) '6 30 P 1VI l h,r1i th Knehl er Time ' being first duly sworn, depose and say th,~t la m.the Adds rtising • Agenda Review - Director, or his principal clerk, of the - a rd ; . o on/Rerts,&om staff a newspaper of general circulation as defined in ORS 193.010 Council unit DisarAmendments: usiow' Rie pa and 193.020: published at Tigard in the atores (d coy(1ty and tgte: that the - Annexations 83 V COLII1ciI~ tiLlslness Meeting Water Discussion:. a printed copy of which is hereto annexed, was published in the Executive Session: The Tigard City Council may go into Executive Ses- entire issue of said newspaper for One successive and sion under the Provisions of ORS 192.660 (1) d), (e), & (h) to discuss consecutive in the following issues: labor relations, real Property transactions, current and pending litigation October 14r 1993 issues. TT7695 - Publish October 14, 1993. Subscribed and sworn t fore me this 14th day of October 1 OFFICIAL SEAL ROBIN A. BURGESS A't NOTARY PUBLIC - OREGON COMMISSION NO. 024552 Notary Pu for Oregon MY COMMISSION EXPIRES MAY18.1997 My Commission Expires: AFFIDAVIT ODONNELL RAMIS ET AL 503-243-2944 Oct 11.93 17:21 No.007 P.b2 O-DONNHLL, RAMIE, CREW & CORRIGAN BA=W &L MO 1T UBMMG 1929 M.W. Haft film Portland, 99209 TMZFU=*. (90.1) 222.4402 PAX' (S03) 247.2944 DATE: October 11, 1993 TO: Tigard City Council and Pat Reilly, City Administrator. PROM: Tim Ramie - City Attorney RE: Possible Charter Amendment As a follow up to our last discussion concerning changes to the City's nomination and election process for mayor, I would like to clarify a few issues. ThR PKIMary Election We have determined that city city cannot hold its ~@ election for mayor at the primary election. Article II, section 14(a) of the Oregon Constitution provides: "Incorporated cities and towns - shall hold their nominating and regular elections for their several elective officers at the same time that the primary and general biennial elections for state and county officers are held, and the election precincts and officers shall be the same for all elections hold at the same time." We have interpreted this to mean that the nominating election is to be held at the primary election and that the regular election is to be held at the general election. Therefore, if a city only holds one election for mayor, it must be held at the general election. However, if the City of Tigard wishes to adopt a provision which states that if a candidate receives more than SO of the vote at the primary election then they are elected and do not have to run in the general election, then they may. Such a provision does not rule out a regular election in November, it is simply a possibility. The City would still be holding its. "nominating election" at the primary election, and if necessary, its "regular - election" at the general election. With this in mind, if the City council decides it wants the 50% provision, then we will draft language for the charter or code amendment accordingly. ODONNELL RAMIS ET AL 503-243-2944 Oct 11.93 17:21 No.007 P.03 O'DONNUL4 RAMIE, CR9W & CORRIGAN Memo re: Possible Charter Amendment October 11, 1993 Page 2 The Nomi ation Proceffs ORS 249.016 to 249.088 apply to a "candidate for nonpartisan office." A "nonpartisan office" pursuant to ORS 249.002(6) means the office of judge, Superintendent of Public Instruction executive officer or councilor of a metropolitan service district under ORS chapter 268, justice of the peace, sheriff or district attorney. So though a city office is not a "nonpartisan office" as defined by statute, we still use the statutes as a guideline. In an earlier memo, I stated that ORS 249.088 provides that "[a]t the nominating election hold on the date of the primary election, two candidates shall be nominated for the nonpartisan office." This provision may be used as a guideline and is not controlling. The City can, for the most part, control its own nomination process. Therefore, issues such as how a candidate is nominated or what happens when a candidate withdraws can be determined by the city council. once the council has settled on a process, we will a draft the language accordingly. Next Avai lablg Election Dates Paragraph Two of the draft Section 7 of the Charter uses the phrase "next available date" when setting the date for an election to fill a vacancy. In the context of elections, the term "next available date" is used because though there is always an election date approaching, the filing deadlines for the election may have passed. Therefore, codes or charters do not usually require that an election be held "at the next date. 11 Nor would the City probably want to omit the phrase because then there would be no date certain as to when an election has to be h*14. l i i COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _ DATE SUBMITTED: September 20, 1993 ISSUE/AGENDA TITLE: Charter Amendment PREVIOUS ACTION: Discussed on Discussion Au st 10, 1993 i PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Patrick J. Reilly ISSUE BEFORE THE COUNCIL Review of Charter amendments which include the following: 1. Eliminate mandatory appointment in the event of vacancy. 2. Eliminate mandatory election in the event of vacancy. 3. Repeal prohibition of interim appointment to vacancy from filing as a candidate for the same Council position. 4. Delete resignation requirement to file as candidate with concurrent term. Review of nominating procedure for office of Mayor (TMC 2.40): 1. Provide for a primary election for the Mayor's position. STAFF RECOMMENDATION Direct staff to set up a public hearing to receive comments if the Council decides to proceed with Charter amendments and changes to Tigard Municipal Code Section 2.40. The next available election is March 22, 1994; the filing deadline for this election is January 20, 1994. INFORMATION SUMMARY Attached is material from City Attorney Tim Ramis' office reviewing the proposed changes. If the Council incorporates all of the suggestions, an amendment to Section 7 of the Charter could be submitted to the voters in March 1994. Also, Tim's memorandum outlines changes to Tigard Municipal Code Section 2.40 with regard to nomination and election procedure for Mayor should the Council decide to change this process. PROPOSED ALTERNATIVES 1. Direct staff to proceed with hearing process to solicit citizen input. 2. Discontinue consideration of Charter and Municipal Code amendments at this time. FISCAL NOTES Mail-in ballot costs would be borne by the City. Costs are difficult to estimate: Tigard would pay a prorated share as one of the jurisdictions which has a candidate or measure on the ballot. Costs can rise or fall depending on voter turnout and the number of items on the ballot from other cities/districts in the County. / h:\login\cathy\char2.sum OTONNELL, RAMIS, CREW & CORRLGAN ATTORNEYS AT LAW BALLOW & WRIGHT BUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 1 f , . - TELEPHONE: (503) 222.4402 t. f FAX: (503) 243-2944 SFp y 3 1993 DATE : September 10, 1993 TO: Tigard City Council and Pat Reilly, City Administrator FROM: Tim Ramis - City Attorney RE: Possible Charter Amendment and Changes to the Election Process A number of changes have been proposed to the manner in which the Mayor is elected. The proposed changes as I understand them are: woo 1) To eliminate the requirement in section 7 of the Tigard Charter that any member of the Council wishing to seek a City office with a term concurrent with the term of their existing office, submit a written resignation at the time of filing for the other office. 2) To eliminate the requirement in section 7 of the Tigard Charter that the Council hold an election to fill an unexpired term and to provide alternate directions for filling the vacancy. 3) To eliminate the requirement in Section 7 of the Tigard Charter that a person appointed to fill a vacancy not be a candidate for election to that position at a vacancy filling election. 4) To elect the Mayor on odd-numbered years, but continue to elect Councilors at the biennial general elections. 5) To provide for a primary election for the Mayor's position. 6) To provide for the number of candidates for Mayor in the general election after the primary election. 7) To provide that if a candidate for Mayor receives more than 50% of the votes at the primary, then the candidate is elected to the position of Mayor and no general election for Mayor is held. r O'DONNELL, RAMIS, CREW & CORRIGAN Memo re: Possible Charter Amendment and Changes to the Election Process September 10, 1993 Page 2 8) To provide for what happens if a candidate withdraws after the primary election. I have been asked to comment on the proposed changes. Suggested Chancres 11 - 3 Our office prepared a draft of Section 7 of the Tigard Charter which incorporates these suggested changes. I believe the City Council had the opportunity to review the draft wording in August. I am attaching the proposed section as Exhibit "A" to this memo. Suggested Change #4 We contacted the Elections Division of the Secretary of State's office concerning the proposal for odd-year elections. We are in agreement with that Division's opinion that regular elections of city officers must be held at the same time as the primary and general biennial elections are held. Suggested Changes #5 - 8 There are a couple of things to keep in mind when contemplating changes to the nomination and election process for Mayor. Paragraph Two of Section 31 of the Tigard Charter provides that: "The procedures for nomination and election for elective City positions shall be governed by the election laws of the State of Oregon, or by City ordinances if such ordinances are not inconsistent with state law." Therefore, changes to the nomination and election process may be :adopted by ordinance rather than by amending the Charter. Chapter 2.40 of the Tigard municipal code already sets out the nominating procedure as it exists and would be the logical place to put any additions or changes to the nominating process for Mayor. Also, keep in mind that the proposed charter amendment will probably go to the voters in March. By the time the election is held in March, the filing deadline for the May primary will have passed. Therefore in order to have a primary election for Mayor in 1994, under any newly adopted charter provisions, a special or emergency election would have to be called, most likely in June. O'DONNELL, RAMIS, CREW & CORRIGAN Memo re: Possible Charter Amendment and Changes to the Election Process September 10, 1993 Page 3 I have drafted changes and additions to Chapter 2.40 of the Tigard Municipal Code which address most of the issues in changes 05 - 8. I have attached a draft of the proposed revisions as Exhibit "B" to this memo. The sections added to Chapter 2.40 call for a primary election for Mayor and provide that the top two candidates shall advance to a run-off in November. ORS 249.088 provides that "[a]t the nominating election held on the date of the primary election, two candidates shall be nominated for the nonpartisan office." I have drafted the section so that the top two candidates advance in keeping with this statute. The new sections also provide direction in case the only candidate or one of the candidates should die, withdraw or become ineligible s for the position. I did not include any draft language for election of the Mayor at / the primary election if a candidate receives more than 505 of the l votes cast for that position. However, we did draft a similar provision for the City of West Linn, which is attached as Exhibit r licit. j x The proposed changes to Chapter 2.40 were drafted after a review R of the current state statutes concerning nominations and elections. If the City Council decides to pursue these suggested changes, they will be reviewed in light of any changes that the 1993 Legislature made. A final note concerning elections. The City's initiative and referendum process is located in Chapter 1.12 of the Tigard Municipal Code. The ordinance setting out the process was adopted in 1962. I recommend that this chapter be updated in order to make more similar to the state process and to make it easier to use and interpret. wam\mmd\tigard\nom&elec.mem t EMEMIT Vego C Proposed Amendments to section 7 of the Charter: 1. Eliminate the second paragraph of Section 7, which requires that any member of the Council wishing to seek a City office with a term concurrent with the term of their existing office, submit a written resignation at the time of filing for the other office. 2. Revise the third paragraph to eliminate the mandatory requirement that the Council make an appointment or hold an election to fill a vacancy of an unexpired term. Also the revision will elininata the requirement which prohibits.an interim appointee from running for that position. The suggested new Section 7 is as follows: "Section 7. MAYOR AND CODNCIL. The elective officers of the city shall be a mayor and four councilors who together shall constitute the City Council. At the general election held in 1990 and every fourth year thereafter, a mayor shall be elected for a term of four years. No councilor shall serve the city as councilor for more than eight consecutive years, nor shall the mayor serve as mayor for more than eight consecutive years. In no case shall any person serve on the city council for more than twelve consecutive years. These, limitations do not apply to the filling of an unexpired term. In the event the office of mayor or councilor becomes vacant before the normal expiration of its term, a special election may be held at the next available date to fill the office for the unexpired term. Such an election shall only take place if the council can schedule and hold a special election at least twelve months before the term would otherwise expire. If an election is held, it shall be held in accordance with the election laws of the State of Oregon and city ordinance and not inconsistent with such election laws. The Council may appoint a person to fill a vacancy until an election can be hald.u t i 3 7 EXHIBIT 10B" Tigard Municipal Code Chapter 2.40 NOMINATING PROCEDURE Lin PVT Delete Section 2.40.030(1) Amend Section 2.40.030(3) Add Section 2.40.060 2.40.060 Primary Election. A nominating election for the position of mayor shall be held at the biennial primary election in 1994 and every fourth year thereafter. The two persons receiving the higher number of votes at the biennial primary election shall be nominated and may participate in a run off election at the biennial general election. Section 2.40.070 2.40.070 Withdrawal of Candidacy by Nominee. Any person who has been nominated at a biennial primary election may withdraw from nomination by filing a written statement declining the nomination and stating the reason for withdrawal. The statement shall be signed by the candidate before a notary public and filed not later than the 67th day before the biennial general election with the city recorder. Section 2.40.080 2.40.080 Filling a vacancy in Nomination. (A) If the only candidate nominated to the mayoral position at the primary election dies, withdraws or becomes ineligible for the position not later than the 67th day prior to the general election, then other candidates may be placed on the ballot by filing a declaration of candidacy pursuant to state law. The filing fee shall be $25.00. If the only candidate nominated to the mayoral position at the primary election dies, withdraws or becomes ineligible for the position after the 67th day prior to the general election, then the vacancy shall be filled pursuant to Charter provisions concerning a vacancy in office. (B) If one of the two candidates nominated to the mayoral position at the primary election dies, withdraws or becomes ineligible for the position then: 1 (1) If the remaining nominated candidate received more than 50% of the votes cast for the mayoral position at ; the biennial primary election, then that person shall run ! unopposed at the biennial general election; or (2) If the remaining nominated candidate failed to receive more than 50% of the votes cast for the mayoral position at the biennial primary election, but there was no third candidate for the mayoral position, then the remaining nominated candidate shall run unopposed at the y biennial general election; or (3) If the remaining nominated candidate failed to receive more than 50% of the votes cast for the mayoral position at the biennial primary election, then the candidate receiving the third highest number of votes shall advance to the biennial general election with the remaining nominated candidate. v s i aspires. His or her name shall appear on the ballot only for such designated position. At all elections each such office of councilor to be filled shall be EXHIBIT "C" separately designated on the ballot by official position number as herein provided, in addition to other matters required by law to appear thereon. An incumbent coun- cilor may not file for nomination for or election to any councilor position except the one he or she presently fills. Each Council member shall act as a liaison to one or more department(s) within the City. Council members who will act as liaison to a department shall be determined by the Mayor annually. Section 9. Mayor. (1) No person may be elected to the position of Mayor unless that person receives more than fifty percent (50%) of the votes cast for that position at the biennial primary election. If no mayoral candidate receives more than fifty percent (50%) of the votes cast, the two candidates receiving the highest number of votes cast shall participate in a run off election at the biennial general election. The candidate receiving the highest number of votes at that election shall be elected Mayor. (2) The term of the Mayor who was elected to serve a four year term beginning in January, 1989, shall ter- minate on March 1, 1990. A special election shall be held in the city on March 27, 1990, for the purpose of electing a successor mayor. If no mayoral candidate receives more than fifty-percent of the votes cast, the two candidates receiving the highest number of votes cast shall participate in a run-off election on the next available election date. The person elected as mayor, with a term beginning in 1990, shall assume the office of mayor at the first city council meeting subsequent to the election, and shall serve a term continuing until January 1992. (3) A special election shall be held in the City on the third Tuesday in May, 1991, and if necessary, a run-off election on the first Tuesday after the first Monday in November, 1991, for the purpose of electing a mayor to serve a one-year term from January, 1992 to January, 1993. The person elected as mayor with a term beginning in January, 1992 shall assume the office at the first council meeting of 1992. Regular elections shall be held at the primary and general elections in 1992 to elect a mayor to assume office in January, 1993. (4) The person elected as mayor with a term beginning in January, 1993 and subsequent mayors shall be elected for two-year terms. j C-3 (West Linn 8/90) MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator r DATE: October 12, 1993 •~C/ SUBJECT: Water I am asking the Council to discuss the following during the October 19, 1993 Study Session: 1. Is the Council willing to add other areas to the list which require multi- jurisdictional approval (e.g., budget; rates)? 2. Should we finance an independent study of the potential savings associated with consolidation? 3. Simply to clarify the situation over the long haul, should we advocate a formalized division of assets (cost between $8,000 and $16,000), even if assets will be pledged to operate as a single entity? 4. If we are unable to reach agreement with all parties, do we continue with plans to operate water as a City Department? Should I plan for a January effective date? 5. Does the Council support the hiring of an interim staff person to coordinate the transition to a City Department and monitor regional water activities? For your information, I have not had any feedback from the other jurisdictions as of this writing. PJRAh h:\1og1n\Jo\water1 9 LM G 3 pa Abrnrue d b>i ?O,tj Nj-e.NL - 1 D~ 1~t ~G1'3 3 I move that the city of Tigard withdraw from the SE Washington County Water Agency and form a water department within the city of Tigard as of January 1, 1994. I further move that the city of Tigard continue negotiations to provide water distribution and related services to any or all of the other three agencies now in the SE Washington County Water Agency. 3 f i ( I C f Aftchment No. 1 CITY DURHM E0 October 19, 1993 To: Pat Reilly, Tigard City Administrator From: Roger Gano, Durham City Administrator SUBJECT: Ideas for New Mater Intergovernmental Agreement The City of Durham respectfully offers the following points for consideration and discussion at the upcoming joint meeting on October 27th: 2. Term_ The City of Durham proposes that the second sentence read as ( follows: "The City of Durham may terminate this agree- ment by providing notice to the other parties a minimum of two years prior to the effective date of termination.R 3. Advisory Board._ The City of Durham proposes that the "Advisory Board" be named "the Governing Board". Under 3.A., the "At Large* member of the "Governing Board" should be selected by a majority vote of the other memberp. Further, 3.E. should be amended (in its entirety) to read as follows: "The Governing Board shall make water ser- vice-related recommendations to the Tigard City Council; and the Council may affirm such recommendations. If the Council tails to affirm such recommendations, the Governing Board may, by a super-maiority (four of the five members present) override the Council's inaction and compel the recommended action. 13-19-1993 09:56M FF M TO 684?29e P.02 r_ 4. Asset OwngrzhiR/Va @X Rated/RayArw~~ia l The City of Durham proposes that 4.H. be amended (on the top of page 4) as follows: "Notwithstanding the foregoing, Tigard may ('with the concurrence of the Governing Board) Impose higher rates for providing crater ser- vice to residences and businesses when the cost of providing such service is greater due to unusual circumstances, including, but not limited to additional cost to pump water up hill to reach customers." Further, the City of Durham proposes the complete removal, of paragraph 4.F. dealing with what we consider a "franchise fee". 5. Ru_Ies and Regulations. With regard to this section, the city of Durham wishes the opening sentence to be amended to read as follows: "The rules and regulations governing water service as are now in effect under the South- east Washington County Joint Water Agency, shall be deemed a part of this Agreement." Attachment No. 2 i KING CITY 15300 SN 116th Avenue, King City, Oregon 9i224 Phone: 639.4082 October 18, 1993 Patrick Reilly, City Administrator City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Mr. Reilly: On September 29, 1993, the City of King City attended the joint meeting to discuss the City of Tigard's proposed intergovernmen- tal agreement. As a result of this meeting we were asked to provide you with the following information. • A pro and con list regarding the proposal. For this item we are returning the proposed intergovernmen- tal agreement with our suggested corrections to the agreement. Items to be deleted are noted in strike-out. Items to be inserted are noted inside square brackets Items of concern are noted inside asterisks • A list of priorities. 1. The City of King City would prefer to see the Joint Water Agency perform its functions as originally designed, and honor the original Intergovernmental Agreement as written. The City would like to give the joint agency an opportunity to function as a joint agency. 2. We would like to see an equal partnership as originally proposed. All partners should be respected, treated, and kept informed as equals. 3. We would like to continue to get a good water source, and to develop a long term and an intermediate term quality water supply agreement, and by such an agree- ment gain an equity interest. 4. We would like to see that service is provided, at the highest level, at the lowest possible cost to the consumer. Patrick Reilly October 18, 1993 Page 2 5. We would like to know that someone is giving a long term view to the issues as well as serving the immediate needs. • Decision as to whether the proposal, with regard to the elimination of redundancies and resultant cost savings, is a logical assumption. To eliminate redundancies and effect cost savings is of course a logical assumption. As to whether or not this can be completed by the method proposed is another question. The City of King City is concerned that the original intent of equal partnership in this venture is becoming lost in this process. King City entered into this venture believing that all parties would be equal. The suggested use of an Advisory Board seems to suggest otherwise. This is a point which needs more attention and discussion. Additional suggestions, such as a initiating a Water Commission, should be looked into. With respect to having an audit conducted, it is our understanding that this has never been done. We firmly believe that some method of determining current assets and values should be performed. • A decision as to which points in the proposal are agreeable and which areas are "sticking points". The following are our issues of concern regarding the intergovernmental agreement, should this be the avenue we all follow. Item 2 - Termination and dissolving of the agreement should require the consent of both parties involved. Item 3A - Regarding an Advisory Board, concern was expressed that each city should select it's own representative. It might also be wise to consider a Water Commission, with it's own authority, such as in the city of Medford. This would provide the checks and balances needed in a municipal district and an appointed commission (board). An Advisory Boards authority is minimal at best and can be overruled by the Council. Another major issue related to the Advisory Board is regarding recommendations to the Council; will the Board's recommendations be taken seriously and how can that be instituted into the rules and regulations. Patrick Reilly October 18, 1993 Page 3 Item 3B - The terms of office for the Advisory Board members need to be staggered. In this fashion, the Advisory Board will always retain experienced members. Item 3F - The Advisory Board needs to be granted the final authority to grant variances. Item 4A - In regards to asset ownership, again, some form of study needs to be conducted that each agency would know what the value of their percentage of ownership is. Item 4B - This item needs to be clarified. What is the intent of "Notwithstanding the foregoing . . Are pumping costs necessary? Maybe there should be a cost of services study, or a who benefits analysis. It should also be clearly understood that if Tigard imposes higher rates for providing water service to residences and businesses when the cost of providing such service is greater due to unusual circumstances, that the rates-should be applied regardless of city boundaries.- Tigard residents would also-be-subject to these higher rates. Item 4F - This..item.needs-to be-defined clearly.- This money may be used only for water related purposes. It should be clearly understood that this money is not at the discretion of the City Council,.-and should.:not.be used for.. any overhead;.-expenses, .or any, other expenses -not clearly. authorised. 4'.This money xshould..be.directed.i towards ^potablea.wa_ter:.related~issues: ; i.Y,.~ .Y~iC'tlt• •.a<I• :i:~ Y....-Y! - -{-}~,•-r,... .7~ t•, ••1 Y' at, iS - :s;; r ~ t: `~."}•}i~t=;•I t~ti!•': i ~►Ct rr,4? { Item S f The. agreement;•needs4to"#address:~how' ,the .watei4d6par,tment wil l address newiadebtedriess' Hliat r t type3Of~sbondS `t~L• -r iar bye issued; 6tkMhey.~twi-11~;be i's's'ued,4 "d.~rwho'will~ x v'lssue;~':them.A180 t t • . :,w en repayment is made is t>"by e ,41 the }1~_ x:jurisclictionrgettlnq. the capital gain or'tail water. g ~custon►a=s?~Ifti`~1'lpayxlio^then'*gets t}ie apical` IJ + l , r ik„ h 1 •r F{giai. ~;.,.s' f•. ~Ft' c j , r 3 _i r • c'r • i~ improvements?•=~ o L7 it rr}?~rj•t. t ,F ~f°'+ (r r t; + t~ { i a' 1•.Lf ..i g{. i<: "`,~3 f.~ F.~],.~. r~ rr 0 a }h.,~/'17"';~~~#7" J• tTt~~`~ a ~t t15 .•.,4, : .i.~ a,i:• _ ` G•T14Ti,r t-e~'~4i F~i 1, _ ~F••t <i 2' k ,~''e,~ =t. Also,~:would~each Citp_Uhr1 :'their own'#ntergovernmeniQ2 rFagreementith terms pplicable c that' municipality?' ;~"1''Ir~~ t ••ya o`er ~ if ~~t~'n., r,~tx.~.~e. ~~~t't M-! ;agreemdress ow aew ulesan 1 - d u' ~ "•y.~,~lY;:R,En=; regulation"sWillbe adopted>;Theresneeds`to`;.b'e' Ilea sr." ' h° W ~ ~f , < direction .'on how'krules' are`=changed'-or :how new rules~lFare F } v ">r;t <.Flvysi.` ? .c-establishedfandkwho;,will°'-establish them ~Th6!Advisorp,' gi?? 't ::1 `.r_,.':.y_.r:(•'°~:1 ~ ~~,.y, f ~p'k~'~i.k`t-~A~ y5 :~_`f~ .(~~•'c'•:; f%'~•i?~;..;,. ,ip ,..#•,r.rir.~+,,. 't '•.r' ,fib^: {"t` {..,j:i =•`_t F'..'-kk''~r-~':.`SCftt'-:% ,f~. G.. -i.. tt.i~:i•. f.`"~ - - 1 ,t ~•,,.f.Y,•r •:✓1 •~k~.. r„'.' t 2'~1 +'r _ { - - * ti: .r Civr~' •+'`iR,~: ,,,r.a`ita;.. j J t .4 < r:J` ' a[ ~ ~ 1•.t .r,} _ .ip'j ;r .t' _ f ~i ac YS..' :~_T•i.ad 1•a +1 1 ~ • ~ 1.• - ~t, ~ L j 7t dr.~~ • Patrick Reilly October 18, 1993 Page 4 Board? The City Council? What weight will the recommendations of the Advisory Board carry? We feel there needs to be a procedure established spelling out the rules and regulation changes. The procedure should include the following steps: A. The Advisory Board should be notified, if the Board did not initiate the changes, two (2) weeks prior to action on changes. B. The changes need to be established by ordinance. C. Any ordinances which will change the water depart- ment rules and regulation need to be passed by a unanimous vote of the Council. Item 9 - In relation to employee benefits it needs to be determined what overhead expenses can be charged to the water department, and what other expenses, if any, the City of Tigard can charge against the water department. The City of King City-is primarily interested in entering into an equal partnership-wherein we can -provide -the best-possible water service to our -consumers.-.:zWe realize this- may not:-be -workable, but our -first . choice,-would:-be.-:to see the-Joint Water. Agency. perform.its functions- as •--originaily--designed;-.and--hoaor:` the original Intergovernmental .-Agreement -as .written. '=-If-we stick to the. original intent..of the--project,-and provide --all ..agencies with equal partnership we'll better serve our citizens...If the water system becomes divided our--citizens will..-suffer, along with the credibility of.the:Joint-Water Agency, and all:'those involved:.. S• cerely, SRC;+> di 5 a Lt °i ft ~oiF c` a r_ ift I III S.I . ; s rrft; ~+L-~•L '7~ Yl ix►: r t kyy ~ ' ~ ~ 'i '~~~~aa1 °1 „r~ ~:1 ~•`ir'4S~'`>',~" ' i~ }'s ' n- a H enlsin$ t L t. r> t'`r Y i `i ; l y T l F '41 S l Pr v .e 'w. :7 "r Mayor: of King; Cltyt r. X11 F , • ,~°;9 tNnp: 1 F f r j 1yv t 1 S j }1I IY T l ~ y T I S L1 'f.- T. r~js`J, : t. ? I f..l e~ _ .Y~":' ~~91 %'e a': 1 ~ ~ •tn ~'u' '[t"+'ijGY t_:. { .J:.t - rti ~f >•dn~ 3. ~ Q'~-'S'ri-Nn trip ~ t'~l ~ 4 .~r ,r 1, + ` Enclosure • 2 ~ 'F' +,:i. ,tr yyr``~# t,2....~'~ aki9-• s ~p 1r~tT ~'~{4}}~I gr"'~T f ~ i~ 7 r!'i~~ -i ~.a~.•- _ 1 t f- ~ f -tr ?!j}, .1~ 7 d 3"riLc T t' ~ S f i t 3 ti. ar`i'.~IccF }`~'R.;Si >,.f^-c- r. , .r ~5~} X - - r .r i "1 flit ~'tV:.~l~ i, ~ } a ~ v{~~ ~r .•~n ' E t- 4 w+ y N~,tl I R iSsU r Y r 7 It A~s JGy. i t tu'tt tcJ~~i Lka,a~~ir[~ aq?s.._~t rrr'ie..>~}~ rF%~]' rrE 'i~ Mr ~ti ri'~I '~.~j~t `Y'T ,"1+~,.1Y PU ?;a17,~:'••t-~Mr~l ..fii~'i'' S'" _ .I.~~.~ 1'`~i•;i..^, ~r I . f :c~.;• §.I'• _ ,~~yy rte {.~;...~r4._ t,., S.Y:. ~ l b,.. ~ •'1 L!. ' ~ r` t •"I. ~ .I . 'L l Hz, ''y~,, lk ~ .~Y AJ' ±:3rx .ri i~ v. { t r~%j . i,.:y~ rlt. t ~s -t. 't - r J t'.J a ~~~p f c~ C ;~Y I i ~ a fIr? f! t( - Y .1'. ~ i 1• . , _ a { t _ . ~r.~' ~ i~ 1-u.GP'~~"~,~ ~d n i • S,~j_}I N: ' ~ r + 3 t t t I't4. wt r; t ~ 53~`-r/=, ' t _ i • ~ r o M -f ~ + ~i<. 1l } l l+r c f ~ ~ ~i y I ' 7 r ~ i - t: jj . F ~"•{'i ~~i. lt,~l ~j r t . 7i ti~. E -i! t, t , i ~'>+~~a+..~.-i:. G - ~i f I ~ . : + i~~'~•,r+-r I r'-~ 4..r! ' r f~ f'~J'.'~ I .:J l"7 C 5` + .7-> - I:• t INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF TIGARD AND KING CITY (DURHAM) FOR DELIVERY OF WATER SERVICE TO KING CITY (DURHAM) - This agreement is made and entered into by the cities of Tigard, an Oregon municipal corporation, (hereinafter "Tigard") and the city of King City (Durham), an Oregon municipal corporation, (hereinafter "King City (Durham)"). Tigard and King City (Durham) are jointly referred to herein as "the Cities" and "the Parties." RECITALS: 1. Tigard and King City (Durham) withdrew from the Tigard Water District effective July 1, 1993. 2. Pursuant to ORS 222.540, the Tigard Water District is obligated to turn over to the Cities its water mains, service installations, structures, facilities, improvements and other property in the area withdrawn from the district that are not necessary for the operation of the remainder of the water supply system of the district. 3. The area withdrawn by Tigard was a major portion of the Tigard Water District. Because of this, Tigard is entitled to a major portion of the Tigard Water District's infrastructure pursuant to ORS 222.540. King City and Durham are entitled to smaller portions of the Tigard Water District infrastructure. Furthermore pursuant to ORS 222.550, should the Tigard Water District dissolve, Tigard will be in a position to obtain all of the Tigard Water District's remaining assets which have not been distributed under ORS 222.540. 4. With the assets and infrastructure obtained by its withdrawal from the Tigard Water District, Tigard is creating a city water department. 5. The Cities agree that it is in the best interests of both cities if King City (Durham) were to receive water service from Tigard's city water department. 6. The Cities and Tigard Water District agree that it is in the best interests of the Parties that they together share authority for decision-making regrading the long-term water supply and capital improvement program to serve the water customers of the area. 7. The Cities acknowledge that they have authority to enter into this Intergovernmental Agreement pursuant to the powers of their respective municipal charters and pursuant to ORS 190.010. INTERGOVERNMENTAL AGREEMENT TIGARD/KING CITY (DURHAM) - 1 NOW, THEREFORE, the premises being in general as stated in t the foregoing recital, it is agreed by and between the parties hereto as follows: 1. Purpose. The purpose of this agreement is to provide a domestic water supply to King City (Durham). 2. Term. This agreement will be in full force and effect until December 31, 2018, unless sooner terminated by one-or both of the parties. Either [Both] party[ies] may terminate this agreement by [obtaining consent and] providing written notice to the other party a minimum of two years prior to the effective date of termination. 3. Advisory Board. Tigard will by ordinance establish an Advisory Board. A. The Advisory Board will consist of five members. Members of the Board will be appointed as follows: Tigard - One Member j King City - One Member Durham - One Member Tigard Water District/Unincorporated Area - One Member At Large - One Member Selected by Vote of the other Member[s] B. Each-Board-member-shall-be-appointed-for-a-term-of-two f2i-Years.- (Three Board members shall be appointed for a term of three years, and two Board members shall be appointed for a term of two years, so that there will always be experienced members on the Board.] Members may be re-appointed to succeeding terms. C. Tigard may appoint city officials as ex officio members of the Advisory Board to assist the Board in its duties. They shall serve at the pleasure of the Tigard City Council and shall have no voting privileges. D. A quorum of the Board shall be three (3) members. All actions of the Board shall require three (3) votes. E. The Advisory Board will make recommendations to the Tigard City Council on the following water service issues: (1) to study and prepare proposed rules and regulations to govern the operation of the Tigard water system. INTERGOVERNMENTAL AGREEMENT TIGARD/KING CITY (DURHAM) - 2 i (2) to make a continuing review of any and all rules and regulations regarding the water system which may be adopted by the Council and periodically to make recommendations to the Council for additions or amendments of such rules and regulations. (3) to make a continuing study of the rate structure of the water system. (4) to consider and prepare plans for and make recommendations to the Council for a long-range operation and management program. (5) to investigate and study means of effecting economies in operation and management. (6) to review and make recommendation to the Budget Committee and Council on all budget requests for operation and management. (7) to study and consider ways and means of improving the water system and services which it provides. (8) to make recommendations to the Council relative to all of the above-mentioned matters and as to any other matters which the Advisory Board may feel to be for the good of the water system, the overall public interest and for the benefit of the consumer. [Recommendations submitted to the Council will be subject.to a two/thirds majority vote of the Council to be considered defeated.] F. Power to Grant Variances (1) Except when prohibited by subsection 2 of this section, upon application, the Advisory Board may [will have final authority to] grant variances from the water system rules and regulations enacted by the City of Tigard when it finds that: a) strict application of the rules and regulations create undue economic hardship for the applicant with no significant benefit to the water system; b) the variance requested has no adverse effect upon the water system and it is consistent with established policies of the Tigard City Council. (2) The Advisory Board may not grant variances relating to annexation of property, fire protection requirements, [and] cross-connection requirements;-fees;-rates-and charges. INTERGOVERNMENTAL AGREEMENT TIGARD/KING CITY (DURHAM) - 3 I IS! s.i 4. Asset Ownership/Water Rates/Revenues. A. Assets (both real and personal property) received by King City (Durham) as a result of withdrawal from the Tigard Water District may be utilized by Tigard in order to provide water services to residences and businesses in King City (Durham). Ownership of these assets shall be retained by King City (Durham). B. The rates charged by Tigard for providing water services to residences and businesses in King City (Durham) shall be the same as those charges within Tigard. Notwithstanding the foregoing, Tigard may impose higher rates for providing water service to residences and businesses when the cost of providing such service is greater due to unusual circumstances, including, but not limited to additional cost to pump water up hill to reach customers. Any higher rates imposed for providing water service shall be limited to covering the actual additional costs of providing such service. C. Revenues for system-capital improvement shall be held in an account dedicated solely for this purpose. D. Capital projects shall be implemented in accord with a [system-wide] long-range capital improvement program supported by sound engineering analysis with the best interests of water customers within the area served, ignoring city boundaries. The capital improvement program must be approved by three of the four jurisdictions holding partial ownership of the water system. E. Long-term water supply contracts shall be entered into in accord with the best interests of water customers within the area served, ignoring city boundaries. Long-term water supply contracts must be approved by three of the four jurisdictions holding partial ownership of the water system. F. The City of King City (Durham) shall receive an annual rebate equal to 1% of the previous years water sale revenue within the City of King City (Durham) for [potable] water [supply] related expenses. G. Ownership of any capital improvements shall remain with the jurisdiction in which the improvement is located. 5. Indebtedness. Each of the Parties shall be liable for their respective share of the debt, if any, acquired as a result of withdrawal from the Tigard Water District. .**How is the issue of new indebtedness going to be addressed?** INTERGOVERNMENTAL AGREEMENT TIGARD/KING CITY (DURHAM) - 4 6. Services Provides By Tigard. (a) Tigard will provide water to customers in all jurisdictions equally. If circumstances require water restrictions, each jurisdiction shall share equally. (b) The City of Tigard will provide all services required for delivery of domestic water to customers within the cities of King City and Durham as well as the territory of the Tigard Water District, including but not limited to system repair and maintenance, water distribution, new installations, system upgrades, and billing functions. 7. Rules and Regulations. The rules and regulations governing water service by the Tigard city water department as are now in effect [by this agreement] or-as-the-exty-ecuneil [or as the Advisory Board's members four out of five votes] later adopts, shall be deemed a part of this Agreement, and King City (Durham) agrees to comply with such rules and regulations and water service to King City (Durham) shall be governed thereby. Nothing contained in this Agreement shall be deemed to modify, alter or repeal any such rules or regulations. 8. Extension of Service. A. Extension or modification of King City's.(Durham's) water distribution system shall be done only with prior written approval of King City (Durham). Furthermore, Tigard will not make any extensions or service connections within King City's (Durham's) Urban Growth Boundary without permission fro the King City (Durham) City Council. B. No existing development in an unincorporated area of the service area will be required to annex to a City as a consequence of this Agreement. C. Residents of King City (Durham) shall not be responsible for any expenses associated with efforts of the City of Tigard to withdraw from the Tualatin Valley Water District to reach the goal of having a single water purveyor for the City. 9. Employee Benefits/Personnel. [A.] All Employees of the Southeast Washington County Joint Water Agency shall become employees of the City [as needed]. The City shall accept such employees with all existing benefits and salary, including but not limited to, health, retirement, disability insurance, wages, vacation and compensatory time. INTERGOVERNMENTAL AGREEMENT TIGARD/RING CITY (DURHAM) - 5 { Nothing in this subsection is intended to limit the City's authority to alter benefits or salary except as such authority is otherwise limited by this Agreement or by the provisions of ORS 236.605 to 236.650. [B. Bi-monthly reports shall be given to the Advisory Board on any employee that isn't a full time employee of the water ! department. All employee time (for non water department personnel), equipment, and supplies which were not used by water department personnel and which were charged to the water department shall be declared. Any and all expenses not directly attributable to the water department shall be declared.] [C. The City of Tigard shall hire a Water Administrator on contract for temporary period of one and a half, or one year, to assist in the transfer and completion of the water entity, and to attend all meetings. At the end of this contract period, the district shall be run by the City of Tigard's Public Works Administrator.] 10. Attorneys Fees. In the event any suit, action or other proceeding is brought with regard to this Agreement, or to enforce any of the provisions hereof, the prevailing party in any such suit, action or other proceeding, or any appeal therefrom, shall be entitled to reasonable attorneys fees. 11. Ratification of this Agreement. Prior to the effective date of this Agreement, each of the parties shall enact an ordinance ratifying the Agreement. 12. Effective Date. CITY OF TIGARD, OREGON Attest: By: CITY OF-KING CITY (DURHAM), OREGON Attest: By: i INTERGOVERNMENTAL AGREEMENT s TIGARD/KING CITY (DURHAM) - 6 SOUTHEAST WASHINGTON COUNTY Attachment No. 3 JOINT WATER AGENCY 8777 S.W. BURNHAM ST. P.O. BOX 230000 C TIGARD, OREGON 97223-9917 PHONE (503) 639-1554 October 18, 1993 Patrick Reilly, City Administrator City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. Reilly: The Board of Commissioners of the Tigard Water District met on October 14, 1993 to discuss the City of Tigard's proposal to contract with the Tigard Water District for the provision of water service. As requested at the meeting of September 29, 1993, we are writing to provide our comments to the draft. { Tigard Water District strongly supports the continued operation of the Joint Water Agency formed pursuant to the Intergovernmental Agreement effective July 1, 1993. We believe this Agreement, the result of extensive discussions, fulfilled the long-expressed interest of the City of Tigard in having a direct voice in the policy management of the water service and supply system. It is our firm conviction, at this time, that this is a form of governance that can work well if given strong support and opportunity. Accordingly, we have the following suggestions for the City of Tigard and our other partners in the Joint Water Agency: 1. All of the participants should approve an extension of the Intergovernmental Agreement for the Joint Water Agency. It appears to us that with some clarification of assignment and minor additional detail the existing agreement would be adequate. 2. We would suggest one change which we believe will reduce the political pressures which appear to be affecting discussions on water service and supply policies. We believe the Board of the Joint Water Agency should be a citizen-only body. Citizens representing each jurisdiction would be appointed in accordance with the existing provisions of the Interim Intergovernmental Agreement. Page Two ( October 18, 1993 3. The Joint Water Agency requires full time, professional management and administration. John Buol has made important contributions to the Agency in his part- time capacity, but full-time attention is essential to address key long term water supply - and service matters and provide stability and support for the supervision of all employees and/or service contracts. For these reasons, a full time administrator should be retained at an early date. 4. The District would accept an arrangement by which the City of Tigard would serve as the Agency's administrator under contract to the Joint Water Agency. With this plan, all agencies, via their appointed representatives, would share policy development and implementation responsibilities subject to limitations identified in the Intergovernmental Agreement. Professional stable management and operating service activities would be centralized affording opportunity for cost savings and efficiencies. We encourage you to discuss this option with your city council. Please feel free to contact me or our attorney, David Knowles, if you have any questions about the Board's position. We look forward to meeting on October 27, 1993 with all of our partners to seek resolution of these important issues. Sincerely, L~VYti ! !`7G~+G~71.~J(,2fit ~~,~/uq John T. Haunsperger F Chair, Board of Commissioners Tigard Water District /Ig cc: City of King City City of Durham TWD Board of Commissioners MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Patrick J. Reilly, City Administrator DATE: October 12, 1993 SUBJECT: Miscellany 1. Portland State University - Institute of Portland Metropolitan Studies: Attached please find materials in support of the institute's request. Funds are available, due to decisions not to participate in other organizations, but this membership was not specified. Ethan Seltzer, Director, will be present at 6:30 p.m. to visit with you. I recommend that we participate. 2. Metro and Voluntary Dues: Attached please find materials in support of Metro's request for voluntary dues, in the amount of $13,443.95. 1 recommend that we ( participate. Funds have been budgeted for this purpose. 3. Willamette Basin Municipal Reservation: Attached please find LOC materials on this matter. I am not inclined to recommend, but am visiting with other agencies about this request. PJR/jh n:\1og1n\jo\pjr1011.1 Q Attachment No. 1 Portland State University P. O. Box 751, Ponktnd, OR 97207-0751 -T,- 7 3 September 15, 1993 Patrick J. Reilly SEP 2 1993 ' City Administrator i i CITY OF TIGARD ` 13125 SW Hall Blvd. Tigard, OR 97223 i INVOICE { Dear Mr. Reilly: 4 In March of this year we asked for a voluntary contribution of $2,500 from the City of Tigard to support the research and service programs of the Institute of Portland Metropolitan Studies. To enable us to complete our program planning, please send your contribution to the Institute, made payable to "Portland State University." We would appreciate receiving a reply by October 1, 1993, indicating whether the City of Tigard can or cannot participate in funding our research and service programs this year. I've enclosed a "question and answer" sheet regarding our request. The Board will be considering an outline for the research program at its meeting in September. The program will include a mix of projects, and although the list won't be final until the Board acts, I am anticipating that it will be something like the following: a) Regional Atlas and Indicators - a collection of "views" of the metropolitan area organized according to the critical issues identified by the Institute over the past few months. This will also include indicators associated with the issues as a means for tracking trends and changes in the status of the issues and metropolitan quality of life. t ; b) Regional Economic Model - an economic model for the metropolitan area with particular attention to key industries; linkages between city and suburb, urban and rural, Oregon and Washington; and the generation of employment, particularly family wage employment. c) Innovations - sponsored research to evaluate cutting-edge approaches to service delivery and governance. This will be closely coordinated with FOCUS to help support their interest in revenue and governance in the metropolitan area. Some support for our annual leadership symposium will be included from this category as well. This kind of mix should serve the metropolitan area well, and offer new insights into where we're heading. It also links well to the interests and abilities of students and faculty. As always, please feel free to contact me should you have any comments or questions. Thank you in advance for your time and consideration. I look forward to hearing from you soon regarding the disposition of our funding request. Sincerely, Ethan Seltzer Director ES:ae Enclosures School of Urban and Public Affairs Institute of Portland A9etropolitan Studies 5031725-5170 FAX 725-5199 Institute of Portland Metropolitan Studies Local Funding Request Questions and Answers June 21, 1993 Why is the Institute seeking funding? First, we want to develop a source of funds for the research program that will enable us to establish a track record. Contributions from cities, counties, special districts, and regional and state agencies in the 5-county area will be used to create the products that will enable the Institute to seek endowment funding from private and grant sources. The university provides all of the overhead, thereby reserving contributions for research program expenses only. Second, the Institute is seeking participation from as many jurisdictions and service providers as possible. The Institute does not want to be perceived to be beholden to a single funder. In this instance, the metropolitan area has a great opportunity and challenge: to build off of the $100,000 contribution of the City of Portland. Towards that end, we would like to have the participation of every jurisdiction and agency at a level that they feel they can afford. How was the allocation schedule developed? The request made to cities and counties is based on population, using population as a rough indicator of ability to pay. The specific amounts were developed by the Development Committee of the Board. For special districts, the requests were developed using the dues structure for the Special Districts Association of Oregon, and through consultation with Board members having direct experience with special district governing boards. Some have raised the concern of double taxation, where the citizens of a district might also be represented by multiple districts and/or jurisdictions in our allocation schedule. Nonetheless, our goals include both revenue and participation, and we expect a trade-off between the two. What are the benefits of contributing to the Institute's research fund? First, Portland State is committed to better serving this metropolitan area, and the Institute, property funded, can help to better extend the resources of the university to metropolitan area communities. In fact, we are already developing concrete products aimed at furthering collaborative approaches to metropolitan issues. These include the Metropolitan Clearinghouse, Project Match, the Leadership Forum on April 24, and Metropolitan Newsnet. Second, the research work that we are proposing to engage in will help to better characterize the environment for local policy development and planning. By investing in our program, donors will help to develop information about the environment for their decisions useful to long-tern and strategic planning efforts. Third, support for the research program now will enable the Institute to develop ongoing sources of support from non-public sector funders. A little invested now will leverage more for both present and future activities of the Institute. Finally, the Institute has been developed as a catalyst for collaborative action. The fiscal times that we are in require a high degree of collaboration among public and private interests. The Institute can help to develop collaborative efforts of service to jurisdictions and agencies and their constituents. Would the Institute accept less than the requested amount? The answer is certainly "yes." Our desire to seek funding from local jurisdictions agencies is driven by two objectives: revenue and participation. Given the fiscal challenges facing all public sector entities today, we certainly understand concern regarding a request for funding. As you'll note from the allocation schedule sent with the original request, we've tried to scale our requests to the capability of the community. Nonetheless, those at the local level are obviously in the best position to determine the extent to which they should and could participate. If a jurisdiction or agency doesn't contribute, will it be cut off from Institute projects or products? No. Our mission is to serve the communities of the metropolitan area by better connecting them to the resources of the university. This is a direct extension of Portland State's mission statement. Therefore, we will continue to reach out and attempt to involve communities from throughout the metropolitan area as we proceed. Our request for funding from jurisdictions and agencies is the first step in a multi-year effort to secure stable research funding, either through long-term grants or through the creation of an endowment. This first step is crucial, however, because the funds we raise locally will be used to develop the track record needed to secure funding from other sources. Again, we are seeking both revenue and participation, and we need the money. But we will always recognize our commitment to the entire metropolitan community in the work we do. Who will decide how the money gets spent? The Board of the Institute will develop criteria for selecting projects, and will make final funding decisions. However, the development of criteria and the major research themes for the Institute will occur through a process of consultation with our donors, metropolitan area communities and civic organizations, and with university faculty and departments. How can I find out more? Feel free to contact Ethan Seltzer, Director, at 725-5170 (725-5199 fax). Also, watch your mailbox for the Institute Bulletin, a quarterly recap of projects published in January, April, July, and October and sent to a mailing list of about 700, including jurisdictions and agencies. THANKS! 6/21/93 donganda.txt Board of Directors Institute of Portland metropolitan Studies Mr. William Scott (Chair) Director, Oregon Economic Development Department Ms. Rena Cusma Executive Officer, Metro The Honorable John Godsey Councillor, City of Hillsboro Dr. Merwyn R. Greenlick Chair, Department of Public Health and Preventive Medicine, Oregon Health Sciences University The Honorable Vera Katz Mayor, City of Portland The Honorable Ted Lopuszynski Yamhill County Commission The Honorable John Magnano Clark County Commission Mr. Eldon Mills Hillsboro Mr. Robert Mitchell Chair, Tualatin Valley Water District Ms. Sue O'Halloran Kohler, Meyers, O'Halloran, Inc., Realtors (Gresham) Ms. Gimi D. Page Attorney at Law, Morse & Bratt (Vancouver, WA) Mr. Fred Rosenbaum Rosenbaum & Rosenbaum (Portland) Ms. Ruth Scott President and CEO, Association for Portland Progress Ms. Susan Sokol Blosser Sokol Blosser Winery Mr. Fred Stickel Publisher and President, The Oregonian Mr. Carl Talton Manager, Portland Dist. Office. Pacific Power & Light Company The Honorable Suzanne VanOrman Oregon City Commission Mr. Greg Van Pelt Administrator, St. Vincent Hospital & Medical Center ex officio Dr. Nohad A. Toulan Dean, School of Urban & Public Affairs, Portland State University Institute of Portland Metropolitan Studies Portland State University, School of Urban and Public Affairs Mission and Programs 1/5/93 The Institute of Portland Metropolitan Studies is a new service and research center at Portland State University. The mission for the Institute is to bring the resources of higher education to bear on the issues of the five-county metropolitan area (Yamhill, Clackamas, Multnomah and Washington Counties in Oregon, and Clark County in Washington). For the purposes of the Institute, "university resources" means: a) Teaching - The integration of the university curriculum with community issues and characteristics, where those aspects of the five-county area become the focal point for projects, research papers, or case studies. b) Research - The matching of faculty research interests with community issues and characteristics, so that both community needs for information and analysis and ongoing faculty professional research interests can be linked where appropriate. c) A Neutral Forum - The university is uniquely suited to provide a neutral and objective forum for broad-based and far-ranging discussions of present and emerging issues. The Institute is governed by a 21-member Board, appointed by the President of the University and drawn from throughout the five-county area (membership list attached). The Board is responsible for establishing policy to guide the development of the Institute. To address its mission, the Board and the Director will develop two primary program areas: research and communications. The research program of the Institute will be developed based on a survey of metropolitan issues. A broad group of community and business organizations, local governments and service providers, and academic departments will be asked to list the most important present and emerging issues facing them and facing the metropolitan area. The Institute will then seek proposals for research projects to address the top priority issues. Over time, the research projects sponsored by the Institute will collectively serve to broaden our appreciation and knowledge of the characteristics that define this metropolitan area. In its second program area, communications, the Institute has an important role to play in matching community interests with ongoing teaching and research interests. However, its ability to do so depends on the presence of effective communications links between faculty members, between faculty and the communities, and between communities themselves. Please note that in this instance the term "community" is used to refer to a broad range of interests, including local governments, service providers, civic and business organizations. The following kinds of projects will be developed by the Institute to improve the flow of information in the metropolitan area: i) Orientation to the Metropolitan Area - a half-day session for newly elected officials and civic leaders to acquaint them with the metropolitan dynamics that provide a context for their actions. ii) Metropolitan Newsnet - a pilot electronic network linking elected officials and civic organizations for information sharing and for the provision of an electronic news clipping service covering the entire area. iii) Metropolitan Clearinghouse - a central repository for reports and studies regarding metropolitan issues. iv) Project Match - an intake and referral system for appropriately connecting community interests with university resources, for marketing university interests to the community, and for connecting community interests to each other. V) Issue Study Groups - occasional study groups established to review present and emerging issues in a collegial setting involving faculty, students, and community leaders. Resources for Institute programs will come from four sources: a) Portland State University - Portland State and the Oregon State System of Higher Education will provide salaries for a director and secretary, heat, space, light, and basic overhead. b) Local Government - The Institute will seek donations from local government to fund its program activities in the first few years. The track record developed in the first few years will be used to seek other sources of funding and possibly an endowment to offset annual local contributions. c) Grants - Grants from foundations and state and federal agencies will be sought to fund start-up projects for the Institute. In addition, grant sources will be identified for endowment funding. d) Private Sector - In the first few years, in-kind donations will be sought from private sector sources. Cash support will be sought for programs once the Board has developed a better grasp of private sector interests and needs and their relationship to the mission and programs of the Institute. The Institute will act as a broker. Again, the mission and programs of the Institute speak to developing better appreciation and application of university resources in the community. Consequently, rather than growing its own research or program delivery capacity in every instance, the Institute will serve as a "new front door" for higher education in the metropolitan area. It will seek to enable better direct relationships between faculty and community, rather than acting as a new "hoop" to jump through. The Institute is an exciting development for both the University and this metropolitan area. It represents a new commitment on the part of the University to draw its identity and mission from its presence in the five-county area. The Institute offers the prospect of new collaborations, bringing the strengths of the University to bear on the needs and concerns of the people of this metropolitan area. For more information, please contact: Ethan Seltzer, Director Institute of Portland Metropolitan Studies Portland State University P.O. Box 751 Portland, Oregon 97207-0751 (503) 725-5170 (503) 725-5199 facsimile t i J Institute of Portland Metropolitan Studies Members of the Board 3/16/93 Area Represented William Scott, Board Chair - Portland Richard Ares - Clackamas County J.E. Bud Clark - Portland Rena Cusma - Metro Councilor John Godsey - Hillsboro City Council Merwyn Greenlick - Oregon Health Sciences University Joanne Hazel - Oregon City School Board i Commissioner Ted Lopuszynski - Yamhill County a Commission Commissioner John Magnano - Clark County Commission Eldon Mills - Washington County Robert Mitchell - Tualatin Valley Water District Sue O'Halloran - East Multnomah County Gimi Page - Clark County Fred Rosenbaum - Portland Ruth Scott - Portland Susan Sokol Blosser - Yamhill County Fred Stickel - Portland Carl Talton - Portland Councilor Suzanne VanOrman - Oregon City Commission Greg Van Pelt - Washington County Nohad Toulan (ex-officio) - Portland State University 3/16/93 descriptl.bd 797 1OREGON 97 97232 1736 Attachment No. 2 600 NORTHER TEL 5030797E1700 I FAX PORTLAND. aorJ ~ METRO AUG 2 3 1993 ! f August 18, 1993 i Mr. Patrick J. Reilly City Administrator City of Tigard PO Box 23397 Tigard, OR 97223 Dear Mr. illy, You were recently sent a package of material relating to the Voluntary Dues Assessment which contained, among other things, a copy of the Intergovernmental Agreement to be signed by your jurisdiction and Metro. It should have contained two copies of that agreement. Rather than send you a second copy of the agreement, if you will return the copy of the agreement signed by your jurisdiction directed to my attention, and we will send you a copy of the agreement as soon as it is signed by our Executive Officer. We regret any confusion caused by our error. Sincerely, er La krautpervisor PrPlanning Department R..T.I.d r.p.. Intergovernmental Agreement ~w- This Agreement is entered into between Metro, a metropolitan service district organized under the laws of the state of Oregon and the 1992 Metro Charter, located at 600 N.E. Grand Avenue, Portland, OR 97232-2736, and Tigard, a city, PO Box 23397, Tigard, OR 97223, hereinafter called "local government." Recitals: 1. Local governments within Metro desire to continue support for Metro planning functions during fiscal year 1993-94 by voluntarily paying local government dues on the same basis as previously required by statute. 2. Metro desires to assure local governments of the allocation of dues to Metro planning functions to identify the services and products provided with dues assistance. Agreements: 1. Local government agrees to pay $13,443.95 as its 1993-94 share of voluntary local government dues calculated by the same $.43 per capital level utilized for 1992-93 by November 1, 1993. 2. Metro agrees that voluntary local government dues shall be allocated to those Metro planning activities indicated in Exhibit "A" attached. The total budget amount of local dues budgeted at full voluntary local dues received and the percentage of the total activity budget that full dues would fund is indicated on Exhibit "A." Nonpay- ment of voluntary dues by previously contributing local governments will reduce the amount of dues contribution and dues share. 3. Metro agrees to review any nonpayment of voluntary dues with JPACT to determine whether alternative sources of funds are available for the planning activities in Exhibit "A" and for any recommendations to encourage full voluntary dues payment. 4. Metro agrees to involve dues-paying local governments in the Metro planning activities listed in Exhibit "A" through TPAC, JPACT, RTAC, and MPAC. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter indicated. Metro Jurisdiction By: Name: Title: 1160 Exhibit A f PROPOSED PROGRAM TOTAL DUES DUES BUDGET BUDGET SHARE 1. RLIS/Database Maintenance $849,500 $211,625 24.9% 2. Travel Surveys/Model Refinement $1,268,885 $31,160 2.5% 3. Technical Assistance a. Data Resource Center $68,600 $68,600 100% b. Travel Forecasts $138,600 $11,447 8% 4. RTP Update $365,000 $61,166 $16.8% 5. Transportation Demand Manage- $76,995 $3,063 4.0% ment 6. Willamette Crossing Study $181,000 $10,500 3.6% 7. Urban Arterial Fund $391,970 $12,401 3.6% 8. Transportation Improvement Pro- $148,000 $4,000 2.7% gram 1 9. Congestion Management Plan $160,123 $1,000 0.6% I 10. RTP Financial Plan $37,431 $500 1.3% 11. TPAC/JPACT Coordina- $125,000 $18,036 14.4% tion/Management 12. Regional HCT Plan $420,000 $4,065 0.9% 13. Region 2040 $1,636,925 $160,000 9.8% TOTAL DUES $597,563 1. RLIS/Database Maintenance - This is an ongoing effort to annually update population, employment, housing and commercial building permits, land use, tax lots, other demographic and economic data and forecasts and the Regional Land Information System (RLIS). It is essential input to many local, regional, state and private studies and provides an economical, central resource for all parties. The costs are shared by local governments through the dues, transportation grants, Metro's excise tax and solid waste funds to reflect the different users of the data. This program simply ensures that the resource is up-to-date and available. The cost of using or retrieving the needed data for a particular user is paid for by the_ user. Those that help maintain the data only pay the cost of retrieval when accessing the data. Those that don't pay an add-on fee to the cost of retrieval to contribute toward this database. 2. Travel Surveys/Model Refinement - This is an ongoing effort to survey individual travel behavior in order to understand regionwide travel patterns and better forecast future travel growth. It is unusually large this year because we have major surveys planned of households, trucks, travel into and out of the region, transit ridership and highway speed and delay. This data is used to update Metro's travel-fore-casting models for use by us and others. It is largely funded by grants with a small portion of match from local dues. This task is particularly important in order to respond to new state and federal requirements to reduce air pollution and vehicle-miles-traveled. Current measuring and forecasting of these are weak. 3. Technical Assistance - This is an account provided to all dues-paying members of Metro to access Metro's two major databases: socio-economic/land use/RLIS data and travel forecasts. This budget is pro-rated into subaccounts for the major users (Portland, each county and its cities, Tri-Met, ODOT, and Port of Portland) and pays for Metro's staff and computer costs to provide these outside users access to Metro's database. a. Data Resource Center - This technical assistance account provides access to Metro's maps, land use, RLIS, aerials and socio-economic databases. It is fully supported by dues. Non-dues paying individuals, including the public, pay a fee. b. Travel Forecasts - This technical assistance account provides access to Metro's short and long-range travel forecasts. This data is necessary for local transpor- tation planning and design of transportation projects. It is substantially supported by transportation planning grants, but dues pay the local match. Major users of these forecasts (such as the Western Bypass Study and others) contract for services over and above this technical assistance account. Access to these forecasts is either directly from Metro or via remote terminals connected to Metro at each of the three counties, Portland, Tri-Met and ODOT. Non-dues paying individuals, including the public, pay a fee. 4. RTP Update - Over the next two years, this program will update the Regional Transportation Plan to meet new federal requirements promulgated through the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and new state requirements promulgated by LCDC through the administrative rule implementing Goal 12 - Transportation. If the region does not meet these requirements, federal sanctions could jeopardize federal transportation funding and state sanctions could result in an LCDC enforcement order. All local plans must be consistent with the Exhibit A - Page 2 revised RTP. This program is largely funded through grants with a share of the local match from dues. 5. Transportation Demand Management - This program is a special subset of the RTP update focusing on reducing travel demand. It is apparent that some methods to reduce demand will be needed if we are to meet the goals set for reducing vehicle- miles-traveled (VMT) per capita by 20 percent. This program will examine options and recommend elements to include in the RTP update. It is largely grant-funded with a portion of the local match from dues. 6. Willamette Crossing Study - This corridor study will focus on the Ross Island and Sellwood Bridges to determine future highway capacity needs. Like previous efforts focusing on the Southwest Corridor, the Northwest Corridor (Cornell/ Burnside) and the Mt. Hood Parkway,.it provides the means to examine options in greater detail with the results to be included into the RTP. It is largely grant-funded with a portion of the local match from dues. 7. Urban Arterial Fund - This is an effort to determine whether Metro should refer a measure to the voters to establish a funding source for improvement to regionally significant arterials. The result of this effort will be to define the potential program of projects in order to allow regional and local decision-makers to determine whether and how to proceed. Local road, bike and pedestrian projects to be funded with this resource will be the component of this recommended program. This effort is largely i funded with grants with a portion of the local match funded from dues. 8. Transportation Improvement Program - This program involves approving projects for receipt of any type of federal highway or transit funding, consistent with the RTP, applicable federal requirements and in conformance with air quality restrictions. This involves policy concerns dealing with prioritization and technical concerns dealing with specific federal requirements which may apply. This program is largely funded with grants with a portion of the match funded with dues. 9. Congestion Management Plan - This is a new ISTEA requirement to develop a system to monitor congestion levels and identify methods to address this congestion through a variety of construction, management or alternative mode techniques. The program is largely grant-funded with a small portion of the local match from dues. 10. RTP Financial Plan - This is a new ISTEA and Rule 12 requirement to have an RTP which is constrained by a realistic estimate of transportation resources, regardless of source (federal, state or local). It will require accounting for revenue sources and planned expenditures not normally addressed by Metro in the RTP (such as mainte- nance and local roads). The program is largely grant-funded with a portion of the local match from dues. Exhibit A - Page 3 11. TPAC/JPACT Coordination and Mann eg ment - This provides for administrative { procedures related to receipt of transportation planning grants and efforts to effec- tively staff TPAC, JPACT and other local government coordinating committees. It is largely grant-funded with a portion of the match from dues. 12. Regional High-Capacity Transit Plan - This provides the funds necessary to address implementation of a regional high-capacity transit system not counting the budget for Westside LRT, the Hillsboro extension and South/North Alternatives Analysis (which are funded separately). It is largely grant-funded with a small portion of the local match from dues. 13. Rep-ion 2040 - This is a major long-range land use and transportation planning program to evaluate alternative urban growth forms for the region. It is the program by which Metro is addressing aspects of Rule 12 and the Urban Reserves requirement of LCDC as well as the new Metro Charter requirements to develop a Future Vision and Regional Framework Plan. It is mostly funded with the Metro excise tax with a portion of the budget from dues. 1160 Exhibit A - Page 4 Chairman Hays June 7, 1993 Page 5 12. Regional High-Capacity Transit Plan - This provides the funds necessary to address implementation of a regional high-capacity transit system not counting the budget for Westside LRT, the Hillsboro extension and South/North Alternatives Analysis (which are funded separately). It is largely grant-funded with a small portion of the local match from dues. 13. Region 2040 - This is a major long-range land use and transportation planning program to evaluate alternative urban growth forms for the region. It is the program by which Metro is addressing aspects of Rule 12 and the Urban Reserves requirement of LCDC as well as the new Metro Charter requirements to develop a Future Vision and Regional Framework-Plan. It is mostly funded with the Metro excise tax with a portion of the budget from dues. ( OTHER QUESTIONS RAISED 1. Effect on non-payina iurisdictions - Two programs are specifically budgeted to provide local governments "tech- nical assistance" in accessing Metro's socio-economic, land use and travel databases and forecasts. This budget will be reduced commensurate with the amount of dues underpayment and those local governments will be charged a fee for ser- vice. Like the public,_ this fee will include Metro's direct cost to retrieve the data and an add-on to use toward data- base maintenance. All the other programs must be carried out on a regional basis and the budget cannot be readily reduced. At the direction of JPACT, the Metro budget does not reflect underpayment of dues for these programs. JPACT has com- mitted to revisiting the question of where these funds are obtained in the event local, dues underpayment does occur. Since these programs involve a significant level of local government coordination, Metro's staff effort will pri- oritize coordination with dues-paying members. Other effects on non-paying jurisdictions mentioned by JPACT include re-examination of membership on Metro's Advisory Committees (such as JPACT, TPAC, MPAC and RTAC) and reconsideration of eligibility to receive federal transit and highway funds for projects. These actions are not preferable from Metro's perspective but were raised by JPACT because of the concern that some jurisdictions are paying Chairman Hays June 7, 1993 Page 6 dues to help support these functions which would there- fore represent a subsidy of the non-paying jurisdictions. 2. Is Metro providing sufficient support from the excise tax? - During the past several years, the local government dues has been levied at 434 per capita. Prior to that, for a period of over 10 years, it was levied at 514 per capita. At 434, local dues-has only increased as & particular local govern- ment's population has increased. During this same period, Metro's excise tax contribution has increased substantially. This is because the Metro Council and Executive Officer recognize the importance of addressing regional growth management issues and the obligation of Metro to fund aspects that are clearly regional in scope. A comparison is as follows: Dues Excise Tax FY 89-90 $644,773 $ 37,612 FY 90-91 555,149 1,086,846 Change from -14% +189% previous year FY 91-92 578,719 1,972,333 % Change from- + 4% + 81$ previous year FY 92-93 581,157 1,917,600 % Change from + 4% - 3% previous year FY 93-94 597,563 2,175,237 % Change from + 3% + 13% previous year 3. Is the new Metro building unnecessarily increasing the cost for support services to the Planning Department?_ Metro uses a "Cost Allocation Plan" to assign support service costs to each department based upon historical usage _ of each support service. Certain costs are based upon usage factors (such as square footage or number of accounting transactions); other costs are based upon labor (such as number of hours of graphics or legal services). The overall support service cost is allocated to each Planning Depart- meet project and funding source using an overall "overhead ate" as an additive to personnel costs on that project. t. Chairman Hays June 7, 1993 Page 7 This is a federally accepted method and provides the means to. charge the grants their fair share of overhead along with every other source of funds in the Department. During the past several years, this overhead rate has steadily dropped. The budgeted rate for FY 93-94, including the cost of the new Metro headquarters, reflects no change from the prior fiscal year and a steady decline over the past four years. The trend is as follows: Overhead Rate' FY 89-90 . . . . . . . . . . . 48% FY 90-91 . . . . . . . . . . . 41% FY 91-92 . . . . . . . . . . . 40% FY 92-93 . . . . . . . . . . . 33% FY 93-94 . . . . . . . . . . . 33% Compiled as an added percentage to direct salary cost. ( INTERGOVERNMENTAL AGREEMENTS The two examples you provided as models for possible Metro/local government agreements do not serve the purpose for which these dues are being collected. One example is a fee-for-service type contract much like a consulting contract. It provides for labor rates, designated staff, etc- The programs funded by the dues are regional planning efforts (as described above), not consulting assistance on local projects. The second example is for local government membership in a COG. It provides for voting rights, committee composition, opt- out/opt-in procedures, etc. These organizational issues are generally dealt with through the Metro Charter which defines local government membership on MPAC and the committee's responsibilities and authorities relating to Metro's decisions. A suitable substitute is attached. It is fairly simple and provides for: 1. Payment of dues by November 1, 1993 for the FY 93-94 budget year. 2. Metro's commitment to use the dues on the specified programs (the work scopes attached to this memo should be an attachment to the agreement). `i Attachment No. 3 Amu" of Leag U uregon Cities iff Local Government Center, 1201 Court St N.E., P.0 Box 928, •Salem 97308 eTelephone: (503) 588-6550, 1-800-452-0338 toll free, FAX: 378-5859 : r September 13, 1993 FP, G-1) f7 r ^ SEP 21 1993 ~31 TO: City Managers, Willamette Basin t, FROM: Mike Lindberg, President Roger Jordan, Chair, `Ifiater/Wastewater Advisory Committee SUBJECT: Willamette Basin Municipal Reservation x Your involvement is needed in a critically important effort now underway to plan for an adequate supply of water for municipalities in the Willamette Valley. The League of Oregon Cities and the Special Districts Association of Oregon are working together to develop an application for a municipal water reservation to meet future needs for the next 20 to 50 years. The first step in the process is to secure a commitment from your agency and others to supply the funding and Information needed to complete and submit a well-documented application. i Why a Reservation? The Oregon water law, based on the prior appropriation doctrine, dictates that the priority date associated with a water right determines your ability to withdraw water from any source. Municipal water systems have to cope with growing demands while competing with other users for available water based on their relative priority dates. This creates obvious problems for a water supplier trying to assure that adequate water will be available twenty years in the future to meet projected needs. The 1987 Legislature established the reservation system to address this problem. State agencies are authorized to request, on behalf of groups of users, that a quantity of water be set aside for the group based on their projected needs. If granted, the reservation establishes a holding place that allows an individual local government, as its own needs become more definite, to apply for a permanent water right from the reserved water. Water rights granted under this process receive the early priority date of the reservation (the date the reservation request was accepted by Water Resources Department), rather than the date the local government applies for its own water right. The reason why municipalities are in the position of funding this effort is due to the fact that, unlike agriculture, municipalities do not have a state agency that can represent them and contribute to this effort. OFFICERS: Mike Lindberg, Commissioner, Portland, President - DIRECTORS: Larry Griffith, Councilor, Baker City - Roger Jordan, City Manager, Dallas - Or Lyn Larsen-Hill, Mayor, La Grande Charles Vars, Mayor, Corvallis. Vice-Presldenl • Marron Rossi, Mayor. • Randy MacDonald. Councilor, Eugene - Joe McLaughlin. Immediate Past President • Bill Peterson, City Manager, Grants Independence, Treasurer - Richard Townsend, Executive Director. Pass - Susan Reid, Councilor, Ashland - Bill Riegel, Councilor, Salem, - Steve Stolze, Mayor, Tualatin. Pr~ m Rawiwl Pww i Page 2 1 In addition to the early priority date, a reservation puts municipal users on an even footing wiih agricultural users, who are also seeking a reservation, and with other interest seeking to establish instream rights. A municipal reservation will not affect the priority date or your ability to develop any of your ti existing water rights. Its sole purpose is to provide some certainty that water will be available well into the future when you need it. As with any project, a major prerequisite is funding. If the reservation request is to proceed, it will have to be funded by individual municipalities. The work will be performed by consultants working under contract to LOC'and SDAO. Preliminary discussions with consultants indicate that the application for the entire Willamette Basin can be researched and submitted for a budget of about $60,000 to $70,000. This is quite reasonable compared to the cost of preparing an individual water right application. The major component of the consultant's work will be to compile information on existing water 3 rights and projected needs for all participating municipalities within the Willamette Basin. The project can be complete in about six months, if the participants cooperate with the consultant in responding quickly and accurately to requests for information. At this time we need a commitment from your city on its interest in the Willamette Basin municipal 25w reservation and willingness to support this project. A relatively small financial investment now in a cooperative effort will save a much larger expense in the future when the time comes for your city to seek an additional water supply. It also will provide more certainty that water will actually be available to satisfy that need. It is important that all municipalities work together to ensure that water is available to meet our future needs. Attached is a schedule, which identifies the amount that is needed to finance this project based on population. It is based on all municipalities in the Willamette Basin contributing to this effort. However, if all municipalities do not contribute, the amount will Increase for the municipalities that desire to participate. Please identify whether your city is interested in being included in the municipal reservation by filling out the attached form. If you have any questions, please do not hesitate to contact League staff Joni Low, or one of the steering committee representatives on the attached list. Attachment LOC MUNICIPAL RESERVATION COMMITTEE t STEERING COMMITTEE NAME CITY/AGENCY PHONE # Dale Jutila Clackamas Water District 656-5752 Tom Penpraze Corvallis 757-6916 Bob Sission Cottage Grove 942-3349 Dave Shea Dallas 623-2338 Kimber Johnson EWEB 341-3724 John Thomas Newberg 538-9421 Tom O'Connor OMEU 371-8157 Roberta Jortner Portland 823-7493 t Bill Elliott Portland Water Bureau 796-7484 t Dan Bradley Salem 588-6063 Kevin Hanway Special Districts Assn. of Ore. 635-1224 Craig Johns Stayton 769-3425 Mice Walker Tualatin Valley Water District 642-1511 Joni Low (LOC Staff) 588-6550