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City Council Packet - 11/21/2000 fl , t RSHO NOVEMBER 21 2000 I COUNCIL MEETHF4G ILL OT BE-,, TEL VISE H.Veannle%docslccpkt2 y t ' i 1 If 1 { • ( H tf 1 t l~f Y. a Revised 11-17-00 CITY OF TIGARD PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead-time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 503-639- 4171, x309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - NOVEMBER 21, 2000 - PAGE 1 f •T AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING NOVEMBER 21, 2000 6:30 PM 1. WORKSHOP MEETING • Call to Order - City Council • Pledge of Allegiance • Council Communications U Liaison Reports • Call to Staff and Council for Non Agenda Items 6:35 PM 2. REVIEW AND DISCUSSION OF UNIFIED SEWERAGE AGENCY'S (USA) PROPOSED MODEL CONTRACT a. Staff Report: Public Works Staff b. Review and Discussion: Council, City Staff, USA Staff, and City Attorney 7:35 PM 3. BRIEFING ON POTENTIAL NEW CITY CODE SECTION GOVERNING TELECOMMUNICATIONS FRANCHISES a. Staff Report: Finance Staff b. Council Discussion, Questions, Comments C. Council Direction: Should staff prepare amendments to the Tigard City Code to add a new section governing telecommunication franchises? 8:05 PM 4. CONSIDER A PROPOSAL FOR THE CITY OF TIGARD TO BECOME A "TREE CITY USA" a. Staff Report: Public Works Staff b. Council Discussion, Questions, Comments C. Council Motion: Should the Department of Public Works - Parks Division pursue "Tree City USA" status? 8:25 PM S. UPDATE ON MERESTONE AREA WETLANDS ENHANCEMENT PROJECT a. Staff Report: Engineering Staff b. Council Discussion, Questions, Comments COUNCIL AGENDA - NOVEMBER 21, 2000 - PAGE 2 e 9:05 PM 6. UPDATE ON THE SCHEDULE FOR THE TRANSPORTATION SYSTEM PLAN a. Staff Report: Community Development Staff 9:25 PM 7. COUNCIL LIAISON REPORTS 9:35 PM 8. NON-AGENDA ITEMS 9:45 PM 9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), (f) 8T (h) to discuss labor relations, real property transactions, exempt public records, and current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 10:00 PM 10. ADJOURNMENT 1:\ADM\CATHY\CCA\001121. D OC COUNCIL AGENDA - NOVEMBER 21, 2000 - PAGE 3 Agenda Item No. 3 / Meeting of 12 -12 • DQ TIGARD CITY COUNCIL MEETING MINUTES - NOVEMBER 21, 2000 1. WORKSHOP MEETING • Mayor Griffith called the meeting to order at 6:35 p.m. • Council present: Mayor Griffith; Councilors Hunt, Moore, Patton and Scheckla 2. REVIEW AND DISCUSSION OF UNIFIED SEWERAGE AGENCY'S (USA) PROPOSED MODEL CONTRACT Staff representatives from the City and USA have been working on a model contract for cooperative operation of sanitary and sewer and surface water facilities. Existing 1970 agreements are not complete, do not reflect current operating conditions with the urban area of Washington County and do not comply with a new Conveyance Management Study. City of Tigard and USA staff reviewed with the City Council the USA conveyance system study and model contract. s Operations Manager Mike Miller presented the staff report. Also present from USA were Chris Bowles and Bob Cruz. City Attorney Ramis was present via telephone (speakerphone). Operations Manager Miller reviewed a PowerPoint presentation (copy is on file with the City Recorder). Highlights of the presentation included background information on "how we got here", a review of draft #1 and #2 of the USA Model contract; consensus points between Tigard Public Works and USA; and the impact of the USA model contract. Operations Manager Miller advised that USA agrees to provide funding for City of Tigard sanitary and storm maintenance programs as long as funding is available. City Attorney Ramis noted the areas where he had recommended changes, which included: • a review of some of the technical requirements • language amendments so that the City cannot be held responsible for any regulatory violations if program funding is not provided by USA • the provision that, as USA entered into contracts with other jurisdictions, the City of Tigard would be able to amend its contract with wording from these other contracts if that wording was more favorable toward the City COUNCIL. MEETING MINUTES - NOVEMBER 21, 2000 - PAGE 1 Chris Bowles of USA noted that the City of Tigard was being asked to take on more work than the other jurisdictions. He referred to the service area proposed. The agreement allows the City of Tigard to decline servicing these other areas if Tigard does not agree with the proposed funding. In addition, Tigard would not be held liable for claims citing that the system is not large enough to handle demands. Discussion followed. Mayor Griffith advised he would not want Tigard to accept responsibility without corresponding authority. City Manger Monahan and Operations Manager Miller explained that additional staffing would be required since the proposed agreement would increase the service area for the City by 70 percent. "Make whole" provisions for adequate funding are included in the agreement. Council members indicated that it should be clear that if funding is not available, the agreement shall become null and void. City Attorney Ramis noted he would draft a cover letter advising that the City would be approving the agreement as to form; however, the agreement would not be binding until the financial provisions have been outlined and accepted. A final draft of the agreement will be submitted on December 14, 2000, to the City Council for its review and approval. 3. BRIEFING ON POTENTIAL NEW CITY CODE SECTION GOVERNING TELECOMMUNICATIONS FRANCHISES Finance Director Prosser reviewed proposed amendments to the Tigard City Code to add a new section governing telecommunications franchises. Given the number of telecommunication companies seeking franchises from the City of Tigard, and the need to treat all franchises on a "competitively neutral" basis, Finance Director Prosser and City Attorney Ramis reviewed elements of a proposed new section to the Tigard Municipal Code. This new section would create an overall framework for telecommunications activity within Tigard, codify minimum requirements, add requirements to address problem areas, and provide consistency among City ' franchises. A memorandum from Gary Firestone of the City Attorney's office dated { November IS, 2000, along with a draft Telecommunications Franchise Ordinance is on file with the Council meeting packet materials. Also, a copy of Finance Director j Prosser's PowerPoint presentation is on file with the City Recorder. Finance Director Prosser noted that cities in the area have been meeting to discuss agreements concerning telecommunications franchises. The proposed ordinance COUNCIL MEETING MINUTES - NOVEMBER 21, 2000. PAGE 2 would allow the City to better manage franchises by setting out standards for denial and coordination of construction. In addition, this would also help weed out requests for franchises that are speculative. City Attorney Ramis discussed with Councilor Patton the fact that the proposed ordinance provided that the City could deny a franchise. She questioned where an applicant would appeal this decision? City Attorney Ramis referred to the judicial Review Act and that an appeal would be a legislative determination. Councilor Patton recommended that language be added in the standards for determination to read, "for existing franchises" (granted under this Code). City Attorney Ramis and Finance Director Prosser explained that the public liability insurance amount was developed after discussion with other jurisdictions. In response to Councilor-elect Dirksen's question whether $3 million for public liability would impose an undo impact on smaller companies, Finance Director Prosser noted that this industry is rapidly changing and the insurance provisions could be considered at the next review. City Attorney Ramis agreed that this ordinance would be revisited regularly. Y Consensus of the City Council was to direct staff to place an ordinance on the December 19, 2000, City Council agenda for consideration. (The telephone connection with City Attorney Ramis was disconnected at this point in the meeting.) 4- NON-AGENDA - DISCUSSION OF MEMORANDUM OF UNDERSTANDING (MOU) RELATING TO WATER SUPPLY (SOUTH FORK) Councilor Hunt requested that he be allowed to comment on the status of a draft MOU while Public Works staff was still available at the meeting. Councilor Hunt advised that South Fork has been very cooperative and fair in its discussions with City of Tigard. He advised that he did not want to be viewed as critical, but he had some issues that needed to be discussed. He noted at a recent presentation of the draft MOU at a South Fork Water District meeting there were several areas where he had concern, which included: • Board composition was being proposed for 11 members. Two members would be sent from each jurisdiction with an additional member selected on a scheduled rotation between West Linn and Oregon City. One proposal was that board members be elected. Councilor Hunt noted his preference would be that a Council member and a staff member be selected to serve on the board. The Council member would be the voting member on the board. .►r+~ n~nI ■B TINIC NA,1,NI ITES _ RIM/ERASER 91 ~nnPl . a®C;F 6rdJtJItlLIL IVI 1 IIVV 1l11V Lv - nv e `wwe.. r I onnn • One jurisdiction should not have the ability to stop an issue favored by the other member jurisdictions. • The Intergovernmental Water Board should be allowed to review and approve the agreement. City Manager Monahan advised of the discussions between staff members, noting that the City staff suggested the 11-member board. The City Council should discuss the issues raised by Councilor Hunt before the City proceeds much further in discussions with South Fork. More discussion will be scheduled at a Council Study Session on either December 12 or 19. 4. CONSIDER A PROPOSAL FOR THE CITY OF TIGARD TO BECOME A "TREE CITY USA" Urban Forester Stine presented the staff report utilizing a PowerPoint presentation, which is on file with the City Recorder. The benefits of and requirements for becoming a Tree City USA were reviewed. Council discussion followed. Councilor Patton and Moore indicated support for proceeding to become a Tree City USA. Councilor Scheckla noted concerns with membership composition of the Tree Board and that members should be knowledgeable about trees. Councilor Patton indicated that she thought people could be educated. City Manager Monahan advised that letters of interest could be solicited by the Volunteer Coordinator asking for people who are interested in serving on a Tree Board. Councilor Hunt advised he did not see an advantage in conducting a street tree inventory. Mayor Griffith asked for direction from Council as to whether the staff should proceed with the Tree City USA program. Councilors Hunt and Scheckla abstained from giving direction. Mayor Griffith and Councilors Moore and Patton said staff should proceed. 5. UPDATE ON MERESTONE AREA WETLANDS ENHANCEMENT PROJECT City Engineer Duenas presented the staff report. He reviewed the two options considered for this project: COUNCIL MEETING MINUTES NOVEMBER 21, 2000. PAGE 4 Option 1: Ponds in the backwater areas completely drain back to the stream as flows recede. Option 2: Modification of the above option by including grading that created ponds in the backwater areas so that ponds would remain during periods of low flow. The second option was preferred by the neighbors; however, the regulatory agencies would not permit this option. At a September 20, 2000, meeting, with neighbors,. consensus was that since the preferred option was not available, the beaver dam and pond should be allowed to remain and there should be no further efforts toward a wetland enhancement project. The. current water level of the pond would be allowed to remain and the City would assist a neighborhood maintenance team in monitoring the level of the pond and removing the debris. The regulatory agencies have no objection to this approach. City Engineer Duenas described how water levels could be maintained. Maintaining the current water level results in the pond covering the southern ends of seven lots along Merestone Court. Therefore, permission to continue maintaining the water level from seven property owners is required. City Engineer Duenas noted all but two owners have given permission. Ron Wridge and Ed Gallaher of the Merestone neighborhood were present. They advised they thought the other two property owners were in favor, noting that almost everyone in that neighborhood bought their homes because of the pond. 6. UPDATE ON THE SCHEDULE FOR THE TRANSPORTATION SYSTEM PLAN (TSP) City Engineer Duenas reported schedule changes for the TSP. A public meeting will be held on December 4. The Planning Commission will review on December 18 followed by a Council workshop meeting early next year. 7. COUNCIL LIAISON REPORTS: None. 8. NON-AGENDA ITEMS City Manager Monahan noted receipt of a letter with regard to filing a claim related to Measure 7. City staff is working on a process for accepting claims. Measure 7 becomes effective on December 7, 2000. COUNCIL MEETING MINUTES - NOVEMBER 21, 2000. PAGE 5 e City Manager announced the following: ❑ Tree lighting event sponsored by the Tigard Central Business District Association will be held on November 24, 2000. ❑ City of Tigard Holiday Tree Lighting scheduled for December 1, 2000 at the City Hall. ❑ Senator Ryan Deckert and Representative Max Williams will be asked to meet with Council at on December 12 or 191 2000. Councilor Patton advised that she has applied for one of the legislative committee administrative positions during the upcoming legislative session. She noted she would be a staff member not a decision-maker and did not anticipate any problems with conflicts affecting her responsibilities as a Council member. Mayor Griffith reported on a recent meeting with elected officials from nearby jurisdictions. He reported that Beaverton Mayor Rob Drake was asked by the League of Oregon Cities to chair a committee to review Ballot Measure 7. 9. EXECUTIVE SESSION: Canceled. 10. ADJOURNMENT: 9:40 p.m. ~f Attest: Catherine Wheatley, I ecor - A . QUA4. - a_ or, rty o d Date: M~~ oa. ~QaD I:\AD M\CATHY\CCM\001121. D OC a COUNCIL MEETING MINUTES - NOVEMBER 21, 2000 - PAGE 6 AGENDA ITEM # Z FOR AGENDA OF 11-21-00 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Review and discussion of Unified Sewerage Agency's proposed model contract PREPARED BY: Ed Wegner DEPT HEAD OK v~ CITY MGR OK _ ISSUE BEFORE THE COUNCIL Discuss with Public Works staff and USA officials, the City of Tigard's involvement regarding implementation of the USA conveyance system study and model contract. STAFF RECOMMENDATION Staff recommends proceeding with negotiations of the model contract with USA. If all parties agree a formal approval could be made at the December 19th, City Council meeting. INFORMATION SUMMARY For more than two years, staff from the City and USA have been working on this project. A conveyance system management study was completed in November of 1998. This study outlines maintenance performance standards and proposed maintenance service areas (copy attached). After the study was complete, staff began reviewing the existing 1970 agreements. It was found that the existing agreements were not complete and did not reflect current operating conditions within the urban area of Washington County and would not comply with the new Conveyance System Management Study. See attached copy of letter from Mr. Bill Gaffe, dated May 19, 2000 outlining the specific need for agreement changes. Also enclosed are the latest Agency/ City agreements. The final changes are due by the week of November 13th and I will then forward you the latest agreements as City attorney Ramis and I envision it. OTHER ALTERNATIVES CONSIDERED None available i i VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY i + Although not directly stated as a Visioning Task Force Goal, this agreement should be addressed in order to provide services in a more efficient manner for the citizens and ratepayers. FISCAL NOTES All costs for the City to be responsible for maintenance would be reimbursed by the Unified Sewerage Agency for both within the City limits and a proposed expanded service area mill I ---y i-a j i. r C v - t > -1 1 1 I .,✓ri !!rat .i~.. 1..:~ : ,..ri`~. ~y M. ,.~~er. , 4~t ~ ~ r F` ~ _ SG'. y~ ~ b~ hews' ,Q~` ~ L ~ ~ - :~c.:. _ _ a ~ - ~ir ~ _ - 1~ 1^~ 1 t 7 1 _ _ _ - _ _ ~ ~ _ ~ _ ~ ~ 4 I i e t i . Ut r~~• ~~+f~t ~rb~e..*.<~r :,fir" ti ~ ~''i2cr r ~ s YY ~fvY C_ YC~ ' ' I I 1 I 1 t 1 t I I 1 ' I I ~ 1 I i t 4 ri rr rj-, 1 r ~R rl j, r ; I1I 1 _ 1 ~ f i i i~ .4fdzi.~.• ~":C.L~r•,~ ,i~,~,~.i' ."k~?~.bL:f~ C~~•ry4 - '1 ~ - `1`y - - - _ _ - ~ _ _ - -s- ~ _ - _ _ - - - ~I _1 _ _ _ ; - _ _ 1-~ ,/-1 - , _ = °1 1 ---i ~ a, i, , TMp I t A`~ I 1 ' I~ I I' ' 1 11 1 I I ' ' a 1 ' I I I ' ' 1 I I 1 t 1 i 1 h Ag: ' I 1 I ~ 1 I 1 1 I ar 1 1 I ' ~ I I I ' ' I I 1 I 1 1 1 / ' I 1 I 1 I 1 1 _1. I I 1 1 .f I 1~ 1 1 I I I I I I I •r~ 1 t~ FIN rl FMI 1 t 1 I I rI ; ~t 1 r~ l r~~ (((r x .F 1 1 r I r 11" i~i itillmim !!III r'i'~x~i~ xtc~~t ~+.~'R~~~Sf ~~fN-~.n`~[~ y ~ k 1x ?•'"~f~• Nc:. _ ~ - CONVEYANCE SYSTEM MANAGEMENT STUDY NOVEMBER 1998 Prepared for. UNIFIED SEWERAGE AGENCY of Washington County 155 N. First Street, Suite 270 Hillsboro, Oregon 97124 Prepared by. Shaun Pigott Associates 1045 NW Bond Street, Suite 5 Bend, Oregon 97701 541.383.1960 1n Association With KCM, Inc. Donovan Enterprises Brown & Caldwell URS Greiner/Woodward Clyde Section 1 EXECUTIVE SUMMARY BACKGROUND Since the Agency's formation in February of 1970, a comprehensive analysis and program for coordinated, on-going and efficient delivery of sanitary sewer and stormwater maintenance services has not been prepared for the entire service area. This Project was designed to identify opportunities to gain efficiencies in the provision of service to the public through benchmarking and assessment of the maintenance needs for these conveyance systems. This benchmarking includes collection of inventory data to better understand the amount of infrastructure needed to be maintained and proposes service levels and performance standards to optimize and standardize the maintenance programs of both systems. In addition, the Project produced an information database necessary to prepare annual maintenance work plans, and evaluate specific maintenance functions, their frequency and costs. This work program provides an estimate of the resources required to support these levels of maintenance activities and introduces approaches to maximize the cost-effectiveness of sanitary and stormwater maintenance services. The schematic on the following page provides an overview of the • maintenance planning process used to develop the Conveyance System Management Study. The public stormwater system within the overall service area involves an estimated 26,500 catch basins (both sumped and flow through varieties); at least 42,000 lineal feet of drainage ditch; 4,740,000 lineal feet of stormwater pipe; 348 detention basins/water quality facilities and 7,665,000 lineal feet of sanitary sewer line. This infrastructure is distributed over a 123 square mile service area that includes 80% of Washington County's population. As part of this project, these conveyance system facilities have been reviewed with field operations personnel in terms of the following maintenance issues: • key activity descriptions • priorities • staffing • timing factors • equipment • opportunities to contract out for services In addition to these recurring maintenance requirements, the cities and the Agency deal with a significant number of stormwater and sanitary sewer related complaints. The volume of these work requests has risen due to the initiation of a stormwater service charge and increased public awareness of the stormwater utility's responsibilities. The increasing awareness of water quality as it is related to stormwater runoff is also generating inquiries which must be addressed in a timely, accurate and consistent manner. Conveyance System Management Study project Scope and Final Status pro, o Inventory of the sani system has been developed by the o Develop and execute annu lm viand ance INVENTORY Agency; the storm inventory is ANNUAL work plans between the Age & generally incomplete within both MAINTENANCE each City. CONDITION the Agency and the cities CONTRACTS to be maintaiVALUES o Field notes and changes o Based on the inventory to inventory should be and the frequencies, labor and equipment costs (see approved standards); specific consolidated on master \ inventory correction map resource requirements are established. for monthly review and EFFORT annual update LEVEL ESTIMATES RESOURCE NEEDS AND WORK WORK PROGRAM REVENUE SCHEDULES 0 The Conveyance System Field & BUDGET ALLOCATION Maintenance Standards o An annual maintenances rthe long program term will be developed on s planning field op PERFORMANCE tool for the overall service area. STANDARD VALUES o Each year or biannually, the Cities and o The value contained in the CONTRACTING Agency writ evaluate outsourcing adopted standards will be us d as OUT FOR MAINTENANCE opportunities. the basis for estimating work FUNCTIONS ACTIVITIES schedules. o Quarterly summary reports from each COMPLETED ESTIMATED jurisdiction will compare planned vs actual RESOURCE field results and costs. REQUIREMENTS 1 ' I o Labor, equipment and PERFORMANCE & I contracted services COST REVIEW, SUMMARIES WORK REPORTS costs will be revised EVALUATION & annually WORK CONTROL Executive Summary TECHNICAL REVIEW COMMITTEE The Project Team's approach toward this analysis has been based on the principle that development of the Conveyance System Management Study be done in cooperation with the impacted cities. Accordingly, the process began by interviewing key persons involved with conveyance system maintenance and reviewing the objectives for this project and the key issues involved. These persons were also given an opportunity to comment on the major points developed during these meetings. Those specifically involved during this initial data collection phase and as members of the Technical Committee for the Project included: • Dan Boss & Ernie Rode; Tualatin Lee Weislogel; Sherwood • Cal Bowersox; Forest Grove • Joe Thompson, George Kneese & Tom Arnold; Hillsboro • Rob Dixon and Mark Crowell; Cornelius • Steve Baker, Keith Stone & Len Apling; Beaverton • Ed Wegner and Eric Hand; Tigard • Chris Bowles, Steve Keenon, Dave Nutt, Ted Claussen & Mike Young; USA STUDY OBJECTIVES This study has a number of objectives designed to determine: 1. operational strengths and weaknesses of the current stormwater program; 2. standards for sanitary sewer and stormwater maintenance activities, including frequencies, production standards, staff requirements, work procedures, equipment and material requirements; 3. reconciling proposed field maintenance standards with the Agency's commitment to implementing "Best Management Practices" for sanitary sewer and stormwater programs; 4. opportunities for consolidation or, outsourcing, and/or regionalizing specific functions and definition of these opportunities in terms of cost/benefit to the cities and Agency; 5. procedure for the annual costing of specific maintenance activities with the objective of establishing a common budgeting database from which annual field maintenance work programs can be accurately forecast; 6. evaluation of co-location of maintenance hubs and equipment sharing, annexations and maintenance service area boundary definitions. Conveyance System Management Study Executive Summary These topics provide the framework for the Conveyance System Management Study and have served as key issue points during individual and Technical Committee meetings. Inventory Data Overall, mapping of the sanitary sewer collection system is much more complete and accurate than inventory data for the stormwater system This is true within the unincorporated area and the cities. The Agency began a GIS-based mapping process a number of years ago and has developed an in-house "GDS" system for most of the sanitary infrastructure and portions of the stormwater system. This GDS platform is now being converted to ARCINFO. On-going use of GIS in terms of maintenance scheduling or condition assessment is just being initiated. The cities are in large part reliant on hard copy maps for purposes of systems inventory and condition assessment. Maintenance schedules are typically reflected on wall maps or aerial photos with infrastructure overlays that are used to track completed maintenance and crewing. Maintenance Staffing Most cities do not employ dedicated crews for either sanitary sewer or stormwater system maintenance. The cities approach field maintenance through a pooling of personnel who can be assigned to water, sewer, stormwater or street maintenance operations. USA does assign personnel to specific stormwater or sanitary programs for ongoing system maintenance. Street sweeping, water quality facility maintenance, ditch cleaning, storm and sanitary line cleaning, TV inspection, and system repair are all performed by separate groups within USA's Field Operations. Overall, it is estimated that 46 FTE's are allocated to stormwater maintenance and 37 FTE's to sanitary (exclusive of Sherwood and Cornelius where specific FTE allocations are not used). Contract Services Various cities, over recent years, have expanded outsourcing for conveyance system maintenance including TV inspection, street sweeping, line cleaning and some catch basin/vactor services. The primary focus of these contracts has been in activity areas requiring specialty equipment not currently owned or soon to be retired by the city. In terms of stormwater system maintenance, the specialty equipment is a combination cleaner truck, regenerative air street sweepers, and TV inspection units. In all cases, these services appear to be cost-effective with the level of service provided consistent with the USA Guidelines. USA's outsourcing activities have focused on overload street sweeping functions typically involving sand removal. n " Maintenance Programs and Performance Standards The current maintenance programs have evolved over time to their current levels. The Agency formally adopted the SWM maintenance program by Resolution and Order in 1994. The cities have generally followed the maintenance programs established by the Agency. In all cases, the cities use these standards as targets for conveyance system maintenance scheduling. Overall, most cities meet these targets with lapses occurring mainly in the stormwater maintenance areas. Conveyance Systern Management Study Executive Surnniary Budgeting/Time Reporting Existing time reporting and budgeting for conveyance system maintenance - labor and equipment are broadly defined under existing accounting structures which limits the ability of the cities and the Agency to relate specific resource requirements to units of production. Again, Forest Grove has implemented and uses a maintenance management system which does identify specific cost centers and relates these to reported maintenance production. Tigard also makes use of a maintenance management system for its sanitary sewer pipe cleaning activities. Because the integrity and use of any conveyance system maintenance program will be closely linked with each jurisdiction's ability to plan and track field activities, a credible activity reporting system is essential. Therefore, this project has proposed a simple and useable structure for reporting work activities in order to develop a "planned" versus "actual" comparison of work performed within the cities and USA service areas. MAINTENANCE ISSUE SUMMARY During discussions with city and USA maintenance personnel, a number of specific issues were identified as needing to be addressed through this project. These issues and a short summary of recommendations follow: C Detention Facility/Water Quality Facility Maintenance - The water quality facilities within the cities and USA service area are mandated under DEQ requirements. While required facilities, they need to consider maintenance in terms of both access and overall design. A differentiation between issues related to aesthetics versus function should be made when maintenance policies are established. In addition, there should be a coordinated policy among the jurisdictions as to water quality facility maintenance and when/if/under what conditions these facilities should be dedicated to a city or USA. Use of regional facilities - when and if they can be sited - should also be considered. An initial recommendation was made for USA to assume maintenance responsibilities for all of these facilities, but that recommendation was not supported. The recommendation was revised to have the Agency continue to work with the Cities to standardize design and maintenance practices, and to continue to pursue opportunities for regional facilities. • Optimize Maintenance Responsibilities - In the case of Beaverton, where service area expansion is occurring in a direction that further separates its Operations hub on the east end of town from growing service demand along its western boundary, some assessment of equipment location /personnel staging areas needed to be considered. The same is true for USA where its Operations hub is a significant distance from urbanizing unincorporated areas such as the S.E. portion of the County and the Cedar H lIs area. These types of equipment/ personnel location issues were evaluated in terms of possible co-location/joint city-USA facilities, and/or redefinition of maintenance responsibilities. The travel times and miles currently being experienced by some of the jurisdictions were reviewed as part of this assessment. The results of the evaluation is a recommendation to redefine areas of maintenance responsibility with each city and the Agency assuming responsibility for providing basic maintenance services in the proximity of their field yard and following drainage basin lines, regardless of city limits lines. A proposed map showing jurisdiction boundaries has been prepared. Conveyance System Management Study Executive Swrunarv • Stabilized Maintenance Boundaries - The boundaries of cities within the USA service area are in a constant state of change due to annexation. In addition, some cities have annexed in a pattern that creates islands of unincorporated area. These conditions create uncertainty as to responsibility for specific areas of stormwater and sanitary sewer maintenance. In other instances, inefficiencies are created where maintenance equipment and crews service a checkerboard layout of infrastructure. The recommendation is to utilize the maintenance responsibilities and map defined above which optimizes efficiency, and stabilize this boundary such that it is independent of future annexations. • Systems Development Charges - While not a part of the review of the maintenance programs, the methodology for allocating both sanitary and SWM SDC's were evaluated. It was recommended that a new method for determining the amount of SWM SDC be developed. Regarding the allocation of SDC revenues between the Agency and city, it was determined that the current methods are outdated, and that new methods based on actual need be developed. • Regional Services - Certain work elements require specialized equipment and/or training. It is not cost-effective for all cities and the Agency to go to the expense of providing these specialized services. Individual work elements were evaluated, and a list of services which fall into this category was developed. The recommendation is that the Agency or a private contractor provide these services if it is not cost-effective for a city. • Maintenance Cost Reimbursement - Under the existing structure for the "in-city" stormwater service charge revenue allocation, 75% ($3/ESU/month) is retained by the city and 25% ($1/ESU/month) goes to USA. Under the existing structure for "in-city" sanitary sewer service charges, 30% is retained by the city and 70% transferred to USA (note that revenue bond payments "come off the top" for all service charge revenues). The 75% stormwater and 30% sanitary allocation for the cities is intended, for the most part, to support on-going operations and maintenance of these systems. The current methods of allocating the monthly service charge revenue was determined to be inadequate. It is recommended that a new method be developed to more accurately relate the costs of providing maintenance services with the allocation of service charge revenue. • Maintenance Program, Performance Standards, and Competitiveness - The existing maintenance programs were reviewed to assure they provide reasonable levels of service intended to ensure that the system operates to design capacity; protects the sanitary sewer treatment i works and is consistent with regulatory/BMP requirements established through USA. The a work programs have been reviewed as part of this study to determine "how much is actually enough" and to better integrate the condition of the conveyance system with the level of service. Performance standards were also reviewed to assure they meet industry standards and that they are competitive with private industry. These "industry performance standards" will serve as a benchmark to assure that each city and the Agency are providing services in a cost-effective manner. If, through the annual review process, it is found that performance standards are not being achieved, then that jurisdiction will have the option to bring their performance up to standard, contract with the Agency or a member city to do that work element, or utilize a private contractor. Conveyance System Management Study Eli IA u" ,.,yt. ;'i 41'4+3'. • A ,y• '~-`v...~ ,'~^~ci..~1;~ *r. r-~t.1,L,..+. ~j,...; jar .x 3~/'i'toiE•• w ~y~'ti777N y' y~.~ . ,mss l,J:'~.,. g ' ~Fi,' ~taa s",+~ r _ i ~ ~ r - Exhibit A L e~ tk 'Y l ,t A •f S n~Yl'+71'' t{+}` t \ ~ tY ~ i I I III ((((''l~'',',''' dd y 1. s.~ i '.l. t l"-97C•s~I ?I}k'+.i~ 1 - 1 - - ~J l 1{ ,a \J T: ENE "I" ~ i";air ,k* j r Responsibtsity 1 ~ - ~ ti ~ 1 \ ~ a ~1~~~~~x r ~t"~r~y t ~n ~ i i4 ~~i ~ r~ !j 1 7 M , N9$ Boundary { I its . Rl _ \""F'1~+,,~1 r11'~la.lilll" "•^~L, ~.:f? t' ~ 1 r- I { ( tl~w~k a,~ Jf *~ru LEGEND Beaverton PC S: yam. f r ~9v ~S Cornelius , a z { ~rb~ d r Forest Grove 7 n s \ t •1~0+ Hillsboro ea'J ~4 4E? NAiD r ~r .ea Tigard Tualatin Sherwood m r l yti~ Z f ~ ~ l D Y v x _ ® Sewerage Agency 8 of Tazbls b r z CIIYLIMITS Banks ~J •'."I i ~ ~g' , Beaverton Comelius M _ Durham ! I u C. i { Forest Grove _ - r \ Q J ~ Gaston Hillsboro d - lOng City c~ ~i lake Oswego - i North Plains y I F 1_i e: Portland W, 0-01 r ~ Rivergrove N Sherwood , i-tr-t~ •~yp_ ~-L.. mf1l{-r~ ri J7" Tigard Q) 7L ~ PO Y1 a w HERW60D Tualatin &CN LLS 4 , S r r 1 I r r 1 F APPENDIX A DIVISION OF RESPONSIBILITIES EFFECTIVE THROUGH JUNE 30, 2001 FOREST GROVE Basic Work Ian Inside City Limits Outside City Limits _ Sanitary Maintenance Lines under 24" Line Cleaning city Agency Root Cutting city Agency Emergency response city Agency Overflow and Complaint response and _investigation city Agency Cross connectioi; investigation and response city Agency Manhole adjustment city Agency Non-structure line sealing and point repair city Agency Manhole rehabilitation (sealing) city Agency TV inspection city Agency Compilation of TV reports and system evaluation city Agency I&I abatement and system rehabilitation projects Agency and City Agency Root Foaming city Agency Structural line repairs city Agency Line replacements city Agency Pump station maintenance Agency Agency Lines 24" and Larger All maintenance, inspection, repair, and replacement A enc Agency SWM Maintenance _ Line Cleaning city Agency Root Cutting city Agency Catch Basin cleaning City A enc --Water quality manhole maintenance city A enc Storm and emergency response city Agency _ Complaint response and investigation City Agency Street Sweeping city Agency City for local Agency Water Quality facility-maintenance for Regional Agency _ City for local Agency Water Quantity facility maintenance for Regional Agency _ Maintenance of public Streams/creeks/open _channels _ City A ency~_ _ Processing and disposal of sweeper, catch _basin and storm line material City _____Agency___ _ _ ` Structural line repairs _ City Agency Line replacements _City _ Agency Pump station maintenance and o eration A enc Agency j Roadside ditches and piping system in County Roads Agency Agency TV inspection city Agency Compilation of N reports and system evaluation city Agency Proactive Leaf management program city Agency ENGINEERING, INSPECTION, AND SUPPORT ELEMENTS Development Process (development review, plan review) city Agency _ Sanitary. Sewer connection permit issuance city Agency SWM connection permit issuance city Agency Billing and collection of monthly service charges city Agency Inspection of developer projects city Agency Installation of Sanitary Sewer Masterplan City 21' and less, Projects Agency 24° & up Agency Installation of Masterplan Pump Station Projects Agency Agency Installation of SWM Masterplan Projects city Agency Erosion control permit issuance city Agency Erosion control inspection CRY Agency Accounting city Agency Industrial Waste Program Agency Agency Maintaining GIS information City and Agency Agency Maintaining system mapping City and Agency Agency Maintaining Engineering records of systems City and Agency Agency Preparing and revising sanitary sewer masterplans Agency Agency Preparing and revising SWM masterplans Agency Agency Response to customer billing inquiries city Agency Public information; newsletters, etc., for SWM and Sanitary programs City and Agency Agency APPENDIX A DIVISION OF RESPONSIBILITIES EFFECTIVE JULY 1, 2001 Inside City, and Outside City, and Inside Responsibility Inside Responsibility Forest Grove Boundary Boundary Inside City of Gaston Sanitary Maintenance Lines under 24" Line Cleaning city city city Root Cutting Ci Ci~f city Emergency response city city city Overflow and Complaint response investigation and reporting City_ city city Cross connection investigation and response city city ci4. Manhole adjustment Ci Ci Ci Non-structure line sealing and point repair Agency Agency Agency City 10/year, Agency City 10/year, Agency City 10/year, Agency Manhole rehabilitation (sealing) remainder remainder remainder TV inspection city city city Compilation of TV reports and system evaluation Agency Agency Agency I&I abatement and system rehabilitation projects Agency Agency Agency Root Foaming Agency Agency Agency City minor, Agency City minor, Agency City minor, Agency Structural line repairs major major major Lateral Repairs in Public Right of Way Agency Agency Agency Line replacements Agency Agency Agency Pump station maintenance Agency Agency Agency Vector Control City city city Off road inspection and locator post maintenance Cites city city Easement and Access Road Maintenance city city City Lines 24" and Larger All maintenance, inspection, repair, and replacement Agency Agency _ Agency SWM Maintenance Line Cleaning City city Root Cutting City city _ Catch Basin cleaning city _ City _ Water quality manhole maintenance city city Storm and emergency response Ci Cites Complaint response investigation and reporting city _ City _ _ Street Sweeping City city _ City for local, Agency City for local, Agency Water Quality facility maintenanc_e_ for Regional for Regional City for local, Agency City for local, Agency) Water Quantity facility maintenance! for Regional I for Regional I Maintenance of public Streams/creeks/open channels city city Processing and disposal of sweeper, catch basin and storm line material (excluding leaves) city Ci City minor, Agency City minor, Agency Structural line repairs major major Line replacements Agency Agency Pump station maintenance and operation Agency Agency Roadside ditches and piping system in County Roads Agency Agency N inspection city city Compilation of 7V reports and system evaluation Agency A enc Proactive Leaf management program city city ENGINEERING, INSPECTION, AND SUPPORT ELEMENTS Development Process (development review, plan review) city Agency Sanitary Sewer connection permit issuance city Agency SWM connection permit issuance city Agency Billing and collection of monthly service charges city Aqency Inspection of developer projects city Agency Installation of Sanitary Sewer Masterplan City 21" and under, Projects Agency 24" & up Agency Installation of Masterplan Pump Station Projects Agency Agency Installation of SWM Masterplan Projects city Agency Erosion control permit issuance city Agency Erosion control inspection city Agency Accounting city Agency Industrial Waste Program Agency Agency Maintaining GIS information City and Agency City and Agency Maintaining system mapping City and Agency City and Agency Maintaining Engineering records of systems City and Agency Ci and A enc Preparing and revising sanitary sewer masteTplans Agency Agency Preparing and revising SWM masterplans Agency Agency Response to customer billing inquiries city Agency Public information, newsletters, etc., for SWM and Sanitary programs Cit and Agenc City and Agency Flow Monitoring Agency Agency Formation and Administration of LID's City and Agency Agency Inspection of Private Facilities City Agency Marking Utilities City Agency Fixture Counting City Agency Field Yard General Maintenance City city UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY RECEIVED C.O.T May 19, 2000 MAY 2 2 2000 Administration Bill Monahan City Manager City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Dear Bill: SUBJECT: CITY AGREEMENTS I have enclosed two copies of the USA-City Agreement (Agreement) in advance of our meeting within the next few weeks. My office will call to schedule a convenient time. The first enclosure highlights the comments received from the cities during the review process. These proposed revisions have been discussed during earlier meetings with you, at our County Manager's meetings and at a joint council meeting of the Agency and cities. The second enclosure is an executable copy of the Agreement containing the revised language reflecting many of the changes proposed by the cities. In considering Tigard City Council' action on this issue, it is useful to summarize why the Agency feels that adoption of this revised Agreement is essential at this time. Out of Date The current USA-City agreements were originally adopted in 1970 with only minor modifications through 1990. In that year, surface water management responsibilities were added to the Agency, and changes were made to the Agreement reflecting this added responsibility. In reviewing the existing Agreement within the context of current/pending regulatory requirements (Clean Water Act, Endangered Species Act, Metro Title 3), new service delivery initiatives (Conveyance System Management Study), and the Agency's legal responsibilities for managing revenues and expenditures under ORS 451, it is clear that the existing Agreements are incomplete and do not reflect current operating conditions within the urban area of Washington County. The revised agreement better reflects these current conditions. Regulatory Compliance Under ORS 451 and as the lead Agency in terms of the National Pollutant Discharge Elimination System (NPDES) and overall Clean Water Act (CWA) compliance, USA is the permittee for both sanitary sewer and storm water regulations. While USA is the responsible party, federal and n 155 North First Avenue, Suite 270, MS 10 Phone: 503/648-8621 Hillsboro, Oregon 97124.3072 FAX: 503/640-3525 City Agreements May 19, 2000 Page 2 of 3 state regulatory agencies have determined that the existing language in the USA-City Agreements does not clearly delineate USA's authority to mandate specific compliance actions within the cities. In light of this criticism, we engaged outside counsel to assess the legitimacy of the regulatory agency concerns and evaluate possible remedies. It is true that the existing agreements do not contain very credible provisions assuring compliance. We are advised that this weakness can be corrected through revision of the Agreement or by Agency rulemaking. It seems most consistent with our history of collaboration that we work together to address this need by amendment of the agreement. Accordingly, the revised Agreement restates this authority (already established under ORS 451) by clearly designating USA as the lead Agency in responding to permit issues throughout the service area. Service Delivery Efficiencies The urban area of Washington County covers 123 square miles. Within that area are over 1,400 miles of sanitary sewer pipe, 26,500 catch basins and 890 miles of storm lines. USA and the cities share field maintenance responsibilities for these collection systems. The current Agreement has provided the basis for assigning general system responsibilities and establishing very basic criteria for performing field maintenance activities. The unprecedented rate of development within the urban growth boundary and the corresponding expansion of sanitary sewer and storm water system inventory have highlighted the need to better define and coordinate the field maintenance operations of the Agency and cities. The work planning program and service area maps developed with the cities over the last two years and included in the proposed City Agreements are key steps toward implementing a more cost-effective approach toward sanitary and storm water system maintenance. This efficiency will translate into better service and long term savings for all ratepayers in the urban area of Washington County. Coordinated Financial Management Under the current Agreement, the Agency and cities jointly provide field services under a framework, which generally assigns to the individual jurisdictions the physical areas of responsibility and the system inventory to be maintained. Under the Agency's rules, uniform percentage allocations of service charge revenue are made between the cities and USA; 75 percent of storm water rate revenue is retained by the City and 30 percent of the sanitary sewer rate revenue is retaincd. These percentage allocations have been in place since 1990 and 1970 respectively. Neither is supported by actual cost or system inventory data. In order to insure that cities receive revenues needed to do the revised work programs resulting from the Conveyance Study, we need to develop a consistent cost based means of paying the City for that work. The basis for allocations has been developed with the cities through the Conveyance System Management Study. In addition, these allocations can be adjusted annually to reflect any changes impacting maintenance activities/costs. In terms of funding, rate setting and financial management, the existing and new Agreements provide the Agency with comprehensive Unifred Seirerage Agency/City Agreements Revised May 2000 City Agreements May 19, 2000 Page 3 of 3 authority to manage revenues and expenditures throughout the service area. Our revised approach establishes a procedure to better manage the allocation of service charge revenues for field maintenance activities. In addition, the Agency will continue to work with the cities toward better allocation of system development charge revenues and establishing improved financial reporting systems. These areas highlight the major changes to the Agreement, which the Agency believes necessary to meet regulatory requirements and better manage how USA and the cities do business. As in the past, the Agency commits itself to working with the partner cities in providing the highest quality and lowest cost sanitary and storm services. This revised Agreement is an important step toward ensuring this level of service into the future. Agency staff is available to assist with presentations to Council and hope that the Agreements can be brought up for adoption by mid- June. I look forward to our meeting in the next few weeks. Sincerely, Bill Gaff General Manager Unified Sewerage ; Igenc),101y Agreements !levered Alai, 2000 USA-CITY AGREEMENT THIS AGREEMENT is made and entered into as of the _ day of , 2000, between the City of a municipal corporation of the State of Oregon, hereinafter referred to as "City," and the Unified Sewerage Agency of Washington County, a municipal corporation and county service district, hereinafter referred to as the "Agency." WHEREAS, the Agency was duly formed and organized under ORS Chapter 451, has the authority to provide sanitary sewerage treatment facilities, and to provide for storm and surface water management within its boundaries; and Cky is whllin the Agency by action of its Council pursuant to an election duly conducted within the boundaries of the Agency; and WHEREAS, City and Agency have the authority to enter into contracts for the cooperative operation of service facilities under ORS 451.560 and ORS Chapter 190; and WHEREAS, the Agency and Cities have established and will continue to maintain an effective partnership for sanitary sewerage and surface water management services which this agreement is designed to support, enhance, and clarify; and WHEREAS, City and Agency previously entered into an Agreement for the cooperative operation of sanitary sewer and surface water facilities, and said Agreement is in need of amendment. NOW, THEREFORE, in consideration of the covenants and agreements to be kept and performed by the parties hereto, it is agreed as follows: Section 1. Definition of Terms Wherever the following terms are used in this agreement they shall have the following meaning unless otherwise specifically indicated by the context in which they appear: A. Area of Geographic Responsibility means the area set forth in the map attached as Exhibit A as may be amended. B. Board means the Board of Directors of the Agency, its governing body. C. Chief Executive Officer means the City official responsible for managing the day-to-day business affairs of City. D. Council means the City Council, governing body of City. Page 1 of 12 - Agreement with City of MEN E. Industrial Waste means any liquid, gaseous, radioactive or solid waste substance or a combination thereof resulting from any process of industrial or manufacturing business, or from the development or recovery of natural resources. For the purposes of this agreement, Industrial Waste shall also include any substance regulated under 33 USC Sec 1317, together with regulations adopted thereunder. F. Operation and Maintenance means the regular performance of work required to assure continued functioning of the storm and surface water system and the sanitary sewerage system and corrective measures taken to repair facilities to keep them in operating condition, and in compliance with the requirements of applicable laws, regulations, and permits. G. Order means Resolutions, Orders and Directives of the Agency prescribing general standards and conditions for construction or use of the storm and surface water facilities and the sanitary sewerage facilities, and Rates and Charges. H Person means the state of Oregon, any individual, public or private corporation, political subdivision, governmental agency, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity whatsoever. 1. Program Funding means the revenues made available to City through Section 4.A.3. of this agreement to follow the adopted work programs and performance standards. J. Rates and Charges are defined in the Agency's "Rates and Charges" Resolution and Order (R&O) No. 98-22, or as may be amended. The following terms when used in this agreement shall be as defined in that R&O: 1. Dwelling Unit Equivalent (DUE) 2. Equivalent Service Unit (ESU) 3. Impervious Surface Area 4. Permit Application and Inspection 5. Sanitary Sewer Service Charge 6. Sanitary System Development Charge (SDC; Connection Charge) 7. Storm and Surface Water Service Charge 8. Storm and Surface Water System Development Charge K. Sanitary Sewerage System means any combination of sewer treatment plant, pumping or lift facilities, sewer pipe, force mains, laterals, manholes, side sewers, laboratory facilities and equipment, and any other facilities for the collection, conveyance, treatment and disposal of sanitary sewage comprising the total publicly-owned Sanitary Sewerage System Page 2 of 12 - Agreement with City of within Agency jurisdiction, to which storm, surface and ground waters are not intentionally admitted. L. Standards means the standards and conditions of use of the storm and surface water system and the sanitary sewer system as specified and adopted by the Agency. Standards also shall mean applicable statutes and rules of the United States and the State of Oregon. M. Storm and Surface Water System means any combination of publicly owned storm and surface water quality treatment facilities, pumping or lift facilities, storm drain pipes and culverts, open channels, creeks and rivers, force mains, iaterals, manholes, catch basins and inlets, grates and covers, detention and retention facilities, laboratory facilities and equipment, and any other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water comprising the total publicly owned Storm and Surface Water System within Agency's jurisdiction, to which sanitary sewage flows are not intentionally admitted. N. Work Program and Performance Standards are adopted by the Agency after considering input from the cities to define the activities required to operate and maintain the sanitary sewer and storm and surface water systems. Section 2. Determination of Programs, Rules, Policies and Standards The Agency is responsible for the management and operation of the sanitary sewer and storm and surface water systems within its boundary, and is the designated permittee who shall obtain and enforce timely compliance with relevant Federal and delegated State Clean Water Act permits for treatment plants and stormwater. The Agency, after considering input from the cities, shall adopt orders, Standards, specifications, work programs, and performance criteria for the proper and effective operation of the sanitary sewer and storm and surface water systems and to comply with State and Federal permits, laws and regulations. In addition, the Agency, after considering input from the cities, shall have the authority to make changes to its orders, work programs and performance Standards. Any such changes to work programs and performance standards that the Board determines are required by state and/or federal permits or regulations will become effective 90 days from the date of notice to City by Agency or as mutually agreed to. Any changes to work programs and performance standards, not required by state and/or federal permits and regulations, shall be mutually agreed to by the Agency and City before they become effective. Proposed changes not required by state and/or federal permits and regulations should be communicated between the Agency and the City in or before December of the year before they are to be implemented to allow Agency and City to budget appropriately for the following year. A. City agrees to follow and enforce the Orders, Standards, specifications, work programs, and performance criteria promulgated by the Agency, subject, Page 3 of 12 - Agreement with City of however, to program funding and to the extent that City may be lawfully authorized to act. City further agrees to notify Agency of apparent violations thereof, of which it has knowledge, which may require Agency legal action. Section 3. Division of Responsibilities A. Division of Responsibilities 1. The purpose of this agreement is to delegate to and contract with the City to do specific functions. The responsibilities of the Agency and City are defined in this Section and Appendix A. Exhibit A is a map showing boundaries of responsibility between the Agency and City and is h reby made a part of Appendix A and incorporated into this agreement. 2. All functions relating to the subject matter of this Agreement not specifically listed in this Section or Appendix A as being the responsibility of City shall remain the responsibility of the Agency. B. Procedure for Modifying the Division of Responsibilities 1. Responsibilities defined in this Section and Appendix A may be modified from time to time with approval in writing by the City and the Agency General Manager or designee. 2. Responsibilities defined in this Section and Appendix A may be modified by the Agency Board after receiving input from the City and determining the change is necessary to comply with State or Federal permits, laws or regulations. 3. City may request that the Agency assume responsibility for any portion of the program defined in this Section and Appendix A upon reasonable notice, such notice in no event to be less than 6 months. Corresponding adjustments to the revenue allocation shall be made to reflect the change in responsibility upon implementation of such changes. City shall be responsible for correcting or paying to have corrected any deficiencies in the system resulting from non-performance of the programs under its responsibility, subject however to funding availability. 4. City boundaries may change through annexation. For City annexation of territory currently in the Agency's boundary, the responsibilities defined in Appendix A shall apply to the new City boundary. The responsibility boundaries defined in Exhibit A are not changed due to City annexations of territory currently inside the Agency's boundary. For annexations of territory not currently within the Agency's boundary, the Agency will amend Appendix A and Exhibit A to define the responsibilities for the new area in cooperation with adjacent cities. Page 4 of 12 - Agreement with City of 111111101 IIIIIIIIIIIffl 11111101111 _~11 C. Additional City Responsibilities 1. Refer Persons who may desire to connect a non-residential use to the sanitary sewerage system to the Agency. City shall not issue any sanitary sewer permit to non-residential customers without verification that the Agency has issued an Industrial Waste discharge permit, or the Agency has determined that none is required. 2. Refer persons who are proposing 'development', as defined in the Agency's current version of its Design and Construction Standards Resolution and Order, to the Agency to obtain a Service Provider Letter. City shall not issue a stormwater connection permit v::thout veritication from the Agency that the development conforms to adopted Agency standards, orders, and master plans. 3. Provide notice to and obtain Agency review and approval as the Agency may require for any addition, modification, construction, or reconstruction (other than repairs) of the publicly-owned sanitary sewerage system and storm and surface water system, or for all development, as defined by the Agency (such as land division, grading, paving, clearing, etc.), prior to undertaking work or approving such action to ensure conformance to adopted Agency Standards, Orders, and master plans. 4. Obtain Agency review and approval prior to entering into any agreement for the use of the Storm and Surface Water System or the Sanitary Sewerage System. 5. Inform the Agency in writing not less than 30 days prior to initiating or entering into any agreement for the financing or incurring of indebtedness relating to the storm and surface water system or the sanitary sewerage system. Revenues allocated by the Agency to the City for the performance of functions identified in Appendix A are considered restricted, and may only be used to perform those functions (including reasonable administration) delegated to the City for such things as operation and maintenance of the sanitary or storm and surface water system. System Development Charge (SDC) revenues allocated by the Agency to the City may only be expended for the uses identified in the Agency's SDC methodology, and may not be obligated by the City for payment of non-Agency bonded debt. City shall not obligate any assets or facilities of the Agency's sanitary or storm and surface water system for any debt. 6. Allow the Agency access at any reasonable time upon reasonable notice to inspect and test storm and surface water facilities and sewerage tacilities within City. Page 5 of 12 - Agreement with City of MEN Ism INN _111,11111110 7. Grant the Agency permits from time to time as may be necessary for the installation of storm and surface water facilities and sewerage facilities in the public streets and ways of City without imposing permit issuance fees, provided that the Agency shall adhere to any conditions required pursuant to ORS 451.550(6). 8. To issue no new permit for the construction within, or modification to, a wetland, floodway, or floodplain without first receiving the written approval by the Agency to do so. This paragraph shall not apply to permits issued by City pursuant to a current permit under 33 USC Section 1344(e) (a section 404 genial permit), and within the scope of such permit. 9. To pursue, when City deems feasible and appropriate, the conversion of storm and surface water facilities from private to public ownership, through the acquisition of easements and other property rights as necessary, for those privately owned storm and surface water facilities which are identified as being necessary or appropriately a part of the public system. D. City Responsibilities Outside of its City Limits 1. City is not obligated by this agreement to accept responsibility for any programs or work activities outside of its City limits. 2. To the extent City has agreed to responsibilities both inside and outside of its City limits, for activities which are the responsibility of City, City shall perform the work to meet the minimum requirements specified in the Agency's adopted Work Programs and Performance Standards. When the same type of service is being performed by City both inside and outside City, the service shall be prioritized and performed in a like manner in each area, including the response to storms and other emergencies. The exception shall be if City provides a higher degree of service inside City due to its own supplemental funding. Section 4. Determination and Division of Revenue; Operating Procedures and Rules Relating to Revenue A. The Agency Board shall determine and certify annually for both the sanitary sewerage system and for the storm and surface water system the monthly service charge and system development charge. The City agrees to impose these charges as a minimum. The City may impose additional charges as allowed in Section 4.D.4. Page 6 of 12 - Agreement with City of Bill B. The Agency Board shall determine and certify annually for both the sanitary sewerage system and for the storm and surface water system the portion of the monthly service charge and system development charge to be retained by the City for performance of the functions defined in this Agreement. Certification of revenues to be retained by the City will be dependent upon the standard costs for functions performed by the City and the overall level of revenue available for allocation. C. The division of revenue may be adjusted annually by the Agency to recognize changes in responsibilities after coordination and communication with the Cities. Changes in the division of revenue will be done as a part of the normal Fiscal Year budget process, except as defined blow. If there is a mid-year change in responsibilities, which the Agency determines to be significant, the Agency Board may, upon 60 days notice to City, adjust the division of revenue at any time. Any such mid-year changes in the division of revenue initiated by the Agency Board shall only be done when the Board determines such a change is necessary to comply with State or Federal permits, laws or regulations. D. Operating Procedures Relating to Revenue 1. City shall remit to the Agency the portion of sanitary sewer service charges and systems development charges collected, and storm and surface water service charges and systems development charges collected, as identified in Section 4.B. 2. Payments shall be remitted on a monthly basis, with a report on Agency designated forms. 3. Payments to the Agency of revenue collected by the billing party shall be due within 20 days following the end of each month, unless the payment has been appealed by the billing party. 4. City may charge and collect a service charge or system development charge at a higher rate per DUE and ESU than that set by the Agency when the City determines it is needed for the local City system. The City shall retain 100% of these additional revenues collected. Such additional charge shall be consistent with the services provided by City and with applicable federal rules in order to preserve eligibility for grants and other funding programs. 5. For permit and inspection fees for private development construction of public storm and surface water facilities and sanitary sewer facilities, and for erosion control permit fees, City shall remit to the Agency the fee set forth in Agency's Rates and Charges to compensate the Agency Page 7 of 12 - Agreement with City of 11011111M 11 - 11111 llloillill~1,111 for its costs for services performed relative to these fees, as prescribed by Agency Order or agreement with City. 6. For Industrial Waste fees, Agency shall remit to City a percentage of system development charges, volume, and monthly service charges collected equal to the percentages of nonindustrial fees defined in Section 4.B. Agency shall retain one-hundred percent (100%) of the annual permit fee, and any penalty fees, COD, SS (as those terms are defined in the Rates and Charges) and other fees that may be assessed. 7. City will institute administrative procedures to diligently maintain regular billings and collection of fcces, adjust complaints thereto, and pursue delinquency follow-ups and take reasonable steps for collection thereof. 8. City and Agency shall each establish separate accounts for the storm and surface water program and sanitary sewerage program for the purpose of accounting for service charges and systems development charges collected and received pursuant to this agreement. 9. Agency or City may at any reasonable time upon reasonable notice inspect and audit the books and records of the other with respect to matters within the purview of this Agreement. 10. City and Agency shall each prepare and submit to each other a performance report of the storm and surface water functions, and the sanitary sewer functions for which each is responsible. Agency will specify the requirements, frequency, and content of the performance report. 11. The City and Agency may, each at its own cost, install permanent and temporary volume and quality monitoring stations to determine the effectiveness of City and Agency programs. 12. Interest shall accrue on late payments at a rate of 1.25 times the monthly Local Government Investment Pool (LGIP) earnings rate as posted for the previous month, and will be applied each month to the unpaid balance. Section 5 Administrative and Operating Provisions A. The Agency will not extend sewer service to areas outside the City except with prior approval of the City where such areas are included in the Urban Planning Area Agreement between the City and the appropriate county or counties and any of the following exists: Page 8 of 12 - Agreement with City of 11 11,11111 a. A new or existing single family property desires sewer service and needs to directly connect to a sewer line within the city. b. A new development desires sewer service and needs to directly connect a lateral or mainline public sewer directly to a sewer line within the city. B. City and the Agency will each obtain such insurance contracts as necessary to cover the liabilities of City and the Agency respectively for the risks and liabilities arising from activities and operations under this agreement. Each party hereto shall cause the other to be named as an additional insured on its policy or policies as to the obligations under the terms of this agreement. In the event that either party chooses to be self insured, that party shall maintain and furnish proof of separately identified and unencumbered reserves for the maximum liability allowed under state law. C. Agency will not establish local assessment districts within City, without first obtaining City approval. D. Agency will process applications from City pursuant to Section 3.C.7 for Wetland, Floodplain, and Floodway modifications. Timely review of the application shall be provided by the Agency. Upon review and approval by USA, and upon request by City, the Agency shall act as a facilitator and liaison for State and Federal review and permit processes. E. The City shall report all sanitary sewer overflows that it becomes aware of to the Agency within 24 hours of learning of the overflow. The City shall require all permittee of the City to report sanitary sewer overflows to the City. City agrees to reimburse Agency for any expense, costs, damages, claims, fines, or penalties incurred by Agency that result from or are related to City's failure to so timely and adequately report. F. City and Agency shall each be responsible for the negligent or wrongful j acts of its officers, employees, agents, and volunteers, while performing work related to this agreement. Each party shall be solely responsible for defense, costs or payments arising from legal challenge alleging improper use by that party of funds derived from this agreement, or otherwise held by that party. Each party shall be responsible for any liability arising out of its ownership of real property and interests therein, for acting or failing to act within its Area Of Responsibility, activities governed by an NPDES permit or other air or water discharge permit issued by competent authority to that party, and any conduct of that party subject to direct regulation by state or federal authority. Each party shall fully defend, indemnify, and hold harmless the other from any expense, costs, damages, claims, fines, penalties, or liability incurred by or threatened against the Page 9 of 12 - Agreement with City of IMMM 11M Ilion other due to or resulting in whole or in part from the negligent acts or omissions or willful misconduct of the indemnifying party (including its officers, agents, or employees) under or in connection with or arising from any work, authority, jurisdiction, or responsibilities delegated to that party by this Agreement. G. The City agrees that the Agency has the authority to impose fines and penalties against the City for non-performance of adopted programs or non-compliance with Agency, State, or Federal rules and policies. The procedures by which the Agency considers non-performance or non- compliance, imposes such fines or penalties, and processes appeals, shall be set forth in an Agency rule. In this regard, any fines or penalties assessed by the Agency against a City shall be of the same magnitude as those set forth in the relevant Oregon Revised Statutes and Oregon Administrative Rules for fines and penalties imposed by Oregon's Department of Environmental Quality. The City shall have the right to appeal any such fines or penalties imposed by the Agency to the Agency's Board of Directors. Payment of fines and penalties does not relieve the City from the responsibility to accomplish the work program. H. Nothing in this Agreement shall be construed as a limitation upon or delegation of the statutory and home rule powers of City, nor as a delegation or limitation of the statutory powers of Agency. This Agreement shall not limit any right or remedy available to City or Agency against third parties arising from illegal acts of such third parties. I. Where this Agreement calls for review or approval of a fee or charge, Agency shall perform such review in a timely manner, shall not unreasonably withhold approval, and shall provide its decision to City in writing. If, within 30 days of written request by City for approval by Agency, the Agency has failed to provide a written response, the request shall be deemed approved. J. To the extent that it is so required by law or regulation, City shall comply with Oregon Administrative Rules (OAR) Chapter 340, Division 49, "Regulations Pertaining to Certification of Wastewater System Operator Personnel," including the obligation that City shall have its wastewater collection system supervised by one or more operators certified at a grade level equal to or higher than the system classification shown on page 1 of Agency's NPDES permit, issued by the State. Section 6. Dispute Resolution, Remedies A. In the event of a dispute between the parties regarding their respective rights and obligations pursuant to this Agreement, the parties shall first attempt to resolve the dispute by negotiation. If a dispute is not resolved Page 10 of 12 - Agreement with City of by negotiation, the exclusive dispute resolution process to be utilized by the parties shall be as follows: 1. Step 1. Upon failure of those individuals designated by each party to negotiate on its behalf to reach an agreement or resolve a dispute, the nature of the dispute shall be put in writing and submitted to City's Chief Executive Officer and Agency's General Manager, who shall meet and attempt to resolve the issue. If the issue in dispute is resolved at this step, there shall be a written determination of such resolution, signed by City's Chief Executive Officer and Agency's General Manager, which determination shall bo binding on the parties. Resolution of an issue at this step requires concurrence of both parties' representatives. 2. Step 2. In the event a dispute cannot be resolved at Step 1, the matters remaining in dispute after Step 1 shall be reduced to writing and forwarded to the Mayor and the Chairman of the Board of Directors. Upon receipt of the written issue statement, the Mayor and Chairman shall meet and attempt to resolve the issue. If the issue is resolved at this step, a written determination of such resolution shall be signed by the Mayor and Chairman. Resolution of an issue at this step requires concurrence of both the Mayor and the Chairman. 3. Step 3. In the event a dispute cannot be resolved at Step 2, the parties shall submit the matter to mediation. The parties shall attempt to agree on a mediator. In the event they cannot agree, the parties shall request a list of five (5) mediators from the American Arbitration Association, or such other entity or firm providing mediation services to which the parties may further agree. Unless the parties can mutually agree to a mediator from the list provided, each party shall strike a name in turn, until only one name remains. The order of striking names shall be determined by lot. Any common costs of mediation shall be borne equally by the parties, who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be figned by both parties. Resolution of an issue at this step requires concurrence by both parties. In the event a dispute is not resolved by mediation, the aggrieved party may pursue any remedy available to it under applicable law. B. Neither party may bring a legal action against the other party to interpret or enforce any term of this Agreement in any court unless the party has first attempted to resolve the matter by means of the dispute resolution of subsection A above. This shall not apply to disputes arising from a cause other than interpretation or enforcement of this Agreement. Page 11 of 12 - Agreement with City of e Section 7. Effect of this Agreement This Agreement shall supersede all prior agreements and amendments including the "City Committee Agreement" between the parties with respect to sanitary sewerage and service, storm and surface water management; provided that, except as expressly modified herein, all rights, liabilities, and obligations of such prior agreements shall continue. This agreement shall be effective upon its execution by both parties hereto, and shall continue in effect for four renewable terms of five years each. This Agreement shall be deemed automatically renewed for a succeeding five year term up to a limit of 20 years, unless either party gives the other written notice not less than one year prior to the nominal expiration of to,-n: of its intent not to renew this agreement. This Agreement may be modified only by written amendment or as otherwise specified in this Agreement. Section 8. Severabilitv In the event a court of competent jurisdiction shall deem any portion or part of this agreement to be unlawful or invalid, only that portion or part of the agreement shall be considered unenforceable. The remainder of this agreement shall continue to be valid. IN WITNESS WHEREOF, this instrument has been executed in duplicate by authority of lawful actions by the Council and Agency Board of Directors. UNIFIED SEWERAGE AGENCY CITY OF , OREGON OF WASHINGTON COUNTY, OREGON By By Chairman, Board of Directors Mayor Attest: Approved as to Form: City Recorder Attorney for Agency City Attorney Page 12 of 12 - Agreement with City of USA-CITY AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 2000, between the City of a municipal corporation of die-State of Oregon, hereinafter referred to as "City," and the Unified Sewerage Agency of Washington County, a municipal corporation and county service district, hereinafter referred to as the "Agency." WHEREAS, the Agency was duly formed and organized under ORS Chapter 451, has the authority to provide sanitary sewerage treatment facilities, and to provide for storm and surface water management within its boundaries; and City is within the Agency by action of its Council pursuant to an election duly conducted within the boundaries of the Agency; and WHEREAS, City and Agency have the authority to enter into contracts for the cooperative operation of service facilities under ORS 451.560 and ORS Chapter 190; and WHEREAS, the Agency and Cities have established and will continue to maintain an effective partnership for sanitary sewerage and surface water management services which this agreement is designed to support, enhance, and clarify; and WHEREAS, City and Agency previously entered into an Agreement for the cooperative operation of sanitary sewer and surface water facilities, and said Agreement is in need of amendment. NOW, THEREFORE, in consideration of the covenants and agreements to be kept and performed by the parties hereto, it is agreed as follows: Section 1. Definition of Terms Wherever the following terms are used in this agreement they shall have the following meaning unless otherwise specifically indicated by the context in which they appear: A. Area of Geographic Responsibility means the area set forth in the map attached as Exhibit A as may be amended. B. Board means the Board of Directors of the Agency, its governing body. C. Chief Executive Officer means the City official responsible for managing the day-to-day business affairs of City. D. Council means the City Council, governing body of City. Page 1 of 13 - Agreement with City of E. Industrial Waste means any liquid, gaseous, radioactive or solid waste substance or a combination thereof resulting from any process of industrial or manufacturing business, or from the development or recovery of natural resources. For the purposes of this agreement, Industrial Waste shall also include any substance regulated under 33 USC Sec 1317, together with regulations adopted thereunder. F. Operation and Maintenance means the regular performance of work required to assure continued functioning of the storm and surface water system and the sanitary sewerage system and corrective measures taken to repair facilities to keep them in operating condition, and in compliance with the requirements of applicable laws, regulations, and permits. G. Order means Resolutions, Orders and Directives of the Agency prescribing general standards and conditions for construction or use of the storm and surface water facilities and the sanitary sewerage facilities, and Rates and Charges. H Person means the state of Oregon, any individual, public or private corporation, political subdivision, governmental agency, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity whatsoever. 1. Program Funding means the revenues made available to City through Section 4.A.3. of this agreement to follow the adopted work programs and performance standards. J. Rates and Charges are defined in the Agency's "Rates and Charges" Resolution and Order (R&O) No. 98-22, or as may be amended. The following terms when used in this agreement shall be as defined in that R&O: 1. Dwelling Unit Equivalent (DUE) 2. Equivalent Service Unit (ESU) 3. Impervious Surface Area 4. Permit Application and Inspection 5. Sanitary Sewer Service Charge 6. Sanitary System Development Charge (SDC; Connection Charge) 7. Storm and Surface Water Service Charge 8. Storm and Surface Water System Development Charge K. Sanitary Sewerage System means any combination of sewer treatment plant, pumping or lift facilities, sewer pipe, force mains, laterals, manholes, side sewers, laboratory facilities and equipment, and any other facilities for the collection, conveyance, treatment and disposal of sanitary sewage comprising the total publicly-owned Sanitary Sewerage System Page 2 of 13 - Agreement with City of within Agency jurisdiction, to which storm, surface and ground waters are not intentionally admitted. L. Standards means the standards and conditions of use of the storm and surface water system and the sanitary sewer system as specified and adopted by the Agency. Standards also shall mean applicable statutes and rules of the United States and the State of Oregon. M. Storm and Surface Water System means any combination of publicly owned storm and surface water quality treatment facilities, pumping or lift facilities, storm drain pipes and culverts, open channels, creeks and rivers, force mains, laterals, manholes, catch basins and inlets, grates and covers, detention and retention facilities, laboratory facilities and equipment, and any other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water comprising the total publicly owned Storm and Surface Water System within Agency's jurisdiction, to which sanitary sewage flows are not intentionally admitted. N. Work Program and Performance Standards are adopted by the Agency after considering input from the cities to define the activities required to operate and maintain the sanitary sewer and storm and surface water systems. Section 2. Determination of Programs, Rules, Policies and Standards The Agency is responsible for the management and operation of the sanitary sewer and storm and surface water systems within its boundary, and is the designated permittee who shall obtain and enforce timely compliance with relevant Federal and delegated State Clean Water Act permits for treatment plants and stormwater. The Agency, after considering input from the cities, shall adopt orders, Standards, specifications, work programs, and performance criteria for the proper and effective operation of the sanitary sewer and storm and surface water systems and to comply with State and Federal permits, laws and regulations. In addition, the Agency, after considering input from the cities, shall have the authority to make changes to its orders, work programs and performance Standards. Any such changes to work programs and performance standards that the Board detennines are required by state and/or federal permits or regulations will become effective 90 days from the date of notice to City by Agency or as mutually agreed to. Any changes to work programs and performance standards, not required by state and/or federal permits and regulations, shall be mutually agreed to by the Agency and City before they become effective. Proposed changes not required by state and/or federal permits and regulations should be communicated between the Agency and the City in or before December of the year before they are to be implemented to allow Agency and City to budget appropriately for the following year. A. City agrees to follow and enforce the Orders, Standards, specifications, work programs, and performance criteria promulgated by the Agency, subject, Page 3 of 13 - Agreement with City of however, to program funding and to the extent that City may be lawfully authorized to act. The City shall not be responsible for any failure to act or defect in performance caused by lack of adequate program funding from the Agency, inadequacies in the Work Program and Performance Standards as adopted by the Agency, or lack of lawful authority to act. Lack of adequate funding from the Agency and compliance with the Work Program and Performance Standards as adopted by the Agency shall be absolute defenses to any claim against the City under this Agreement. City further agrees to notify Agency of apparent violations thereof, of which it has knowledge, which may require Agency legal action. Section 3. Division of Responsibilities A. Division of Responsibilities 1. The purpose of this agreement is to delegate to and contract with the City to do specific functions. The responsibilities of the Agency and City are defined in this Section and Appendix A. Exhibit A is a map showing boundaries of responsibility between the Agency and City and is hereby made a part of Appendix A and incorporated into this agreement. 2. All functions relating to the subject matter of this Agreement not specifically listed in this Section or Appendix A as being the responsibility of City shall remain the responsibility of the Agency. B. Procedure for Modifying the Division of Responsibilities 1. Responsibilities defined in this Section and Appendix A may be modified from time to time with approval in writing by the City Manager or designee and the Agency General Manager or designee. 2. Responsibilities defined in this Section and Appendix A may be modified by the Agency Board after receiving input from the City and determining the change is necessary to comply with State or Federal permits, laws or regulations. The Agency Board shall not reduce the total scope of City responsibilities without consent of the City unless there is a change in the program or funding requiring the reduction, or unless the Board determines the City did not perform to the level of the adopted standards. 3. City may request that the Agency assume responsibility for any portion of the program defined in this Section and Appendix A upon reasonable notice, such notice in no event to be less than 6 months. Corresponding adjustments to the revenue allocation shall be made to reflect the change in responsibility upon implementation of such changes. City shall be responsible for correcting or paying to have corrected any deficiencies in Page 4 of 13 - Agreement with City of the system resulting from non-performance of the programs under its responsibility, subject however to funding availability. 4. City boundaries may change through annexation. For City annexation of territory currently in the Agency's boundary, the responsibilities defined in Appendix A shall apply to the new City boundary. The responsibility boundaries defined in Exhibit A are not changed due to City annexations of territory currently inside the Agency's boundary. For annexations of territory not currently within the Agency's boundary, the Agency will amend Appendix A and Exhibit A to define the responsibilities for the new area in cooperation with adjacent cities. C. Additional City Responsibilities 1. Refer Persons who may desire to connect a non-residential use to the sanitary sewerage system to the Agency. City shall not issue any sanitary sewer permit to non-residential customers without verification that the Agency has issued an Industrial Waste discharge permit, or the Agency has determined that none is required. e 2. Refer persons who are proposing 'development', as defined in the Agency's Design and Construction Standards Resolution and Order, to the Agency to obtain a Service Provider Letter and a stormwater connection permit. Agency will not issue a stormwater connection permit until City indicates that development is in conformance with City standards. City shall not issue a stormwater construction permit without verification from the Agency that the development conforms to adopted Agency standards, orders, and master plans. City will collect all connection, permit, and development fees. 3. Provide notice to and obtain Agency review and approval as the Agency may require for any addition, modification, construction, or reconstruction (other than repairs) of the publicly-owned sanitary sewerage system and storm and surface water system, or for all development, as defined by the Agency (such as land division, grading, paving, clearing, etc.), prior to undertaking work or approving such action to ensure conformance to adopted Agency Standards, Orders, and master plans. 4. Obtain Agency review and approval prior to entering into any agreement for the use of the Storm and Surface Water System or the Sanitary Sewerage System. 5. Inform the Agency in writing not less than 30 days prior to initiating or entering into any agreement for the financing or incurring of indebtedness relating to the storm and surface water system or the Page 5 of 13 - Agreement with City of sanitary sewerage system. Revenues allocated by the Agency to the City for the performance of functions identified in Appendix A are considered restricted, and may only be used to perform those functions (including reasonable administration) delegated to the City for such things as operation and maintenance of the sanitary or storm and surface water system. System Development Charge (SDC) revenues allocated by the Agency to the City may only be expended for the uses identified in the Agency's SDC methodology, and may not be obligated by the City for payment of non-Agency bonded debt. City shall not obligate any assets or facilities of the Agency's sanitary or storm and surface water system for any debt. 6. Allow the Agency access at any reasonable time upon reasonable notice to inspect and test storm and surface water facilities and sewerage facilities within City. 7. Grant the Agency permits from time to time as may be necessary for the installation of storm and surface water facilities and sewerage facilities in the public streets and ways of City without imposing permit issuance fees, provided that the Agency shall adhere to any conditions required pursuant to ORS 451.550(6). 8. To issue no new permit for the construction within, or modification to, a wetland, floodway, or floodplain without first receiving the written approval by the Agency to do so. This paragraph shall not apply to permits issued by City pursuant to a current permit under 33 USC Section 1344(e) (a section 404 general permit), and within the scope of such permit. This section does not apply to actions related to City flood insurance program. 9. To pursue, when City deems feasible and appropriate, the conversion of storm and surface water facilities from private to public ownership, through the acquisition of easements and other property rights as necessary, for those privately owned storm and surface water facilities which are identified as being necessary or appropriately a part of the public system. D. City Responsibilities Outside of its City Limits 1. City is not obligated by this agreement to accept responsibility for any programs or work activities outside of its City limits. 2. To the extent City has agreed to responsibilities both inside and outside of its City limits, for activities which are the responsibility of City, City shall perform the work to meet the minimum requirements specified in the Agency's adopted Work Programs and Performance Standards. Page 6 of 13 - Agreement with City of When the same type of service is being performed by City both inside and outside City, the service shall be prioritized and performed in a like manner in each area, including the response to storms and other emergencies. The exception shall be if City provides a higher degree of service inside City due to its own supplemental funding. Section 4 Determination and Division of Revenue, Operating Procedures and Rules Relating to Revenue A. The Agency Board shall determine and certify annually for both the sanitary sewerage system and for the storm and surface water system the monthly service charge and system development charge. The City agrees to impose these charges as a minimum. The City may impose additional charges as allowed in Section 4.13.4. B. The Agency Board shall determine and certify annually for both the sanitary sewerage system and for the storm and surface water system the portion of the monthly service charge and system development charge to be retained by the City for performance of the functions defined in this Agreement. Certification of revenues to be retained by the City will be dependent upon the standard costs for functions performed by the City and the overall level of revenue available for allocation. C. The division of revenue may be adjusted annually by the Agency to recognize changes in responsibilities after coordination and communication with the Cities. Changes in the division of revenue will be done as a part of the normal Fiscal Year budget process, except as defined below. If there is a mid-year change in responsibilities, which the Agency determines to be significant, the Agency Board may, upon 60 days notice to City, adjust the division of revenue at any time. Any such mid-year changes in the division of revenue initiated by the Agency Board shall only be done when the Board determines such a change is necessary to comply with State or Federal permits, laws or regulations. D. Operating Procedures Relating to Revenue 1. City shall remit to the Agency the portion of sanitary sewer service charges and systems development charges collected, and storm and surface water service charges and systems development charges collected, as identified in Section 4.13. 2. Payments shall be remitted on a monthly basis, with a report on Agency designated forms. Page 7 of 13 - Agreement with City of 3. Payments to the Agency of revenue collected by the billing party shall be due within 20 days following the end of each month, unless the payment has been appealed by the billing party. 4. City may charge and collect a service charge or system development charge at a higher rate per DUE and ESU than that set by the Agency when the City determines it.is needed for the local City system. The City shall retain 100% of these additional revenues collected. Such additional charge shall be consistent with the services provided by City and with applicable federal rules in order to preserve eligibility for grants and other funding programs. 5. For permit and inspection fees for private development construction of public storm and surface water facilities and sanitary sewer facilities, and for erosion control permit fees, City shall remit to the Agency the fee set forth in Agency's Rates and Charges to compensate the Agency for its costs for services performed relative to these fees, as prescribed by Agency Order or agreement with City. 6. For Industrial Waste fees, Agency shall remit to City a percentage of system development charges, volume, and monthly service charges collected equal to the percentages of non-industrial fees defined in Section 4.13. Agency shall retain one-hundred percent (100%) of the annual permit fee, and any penalty fees, COD, SS (as those terms are defined in the Rates and Charges) and other fees that may be assessed. 7. City will institute administrative procedures to diligently maintain regular billings and collection of fees, adjust complaints thereto, and pursue delinquency follow-ups and take reasonable steps for collection thereof. 8. City and Agency shall each establish separate accounts for the storm and surface water program and sanitary sewerage program for the purpose of accounting for service charges and systems development charges collected and received pursuant to this agreement. 9. Agency or City may at any reasonable time upon reasonable notice inspect and audit the books and records of the other with respect to matters within the purview of this Agreement. 10. City and Agency shall each prepare and submit to each other a performance report of the storm and surface water functions, and the sanitary sewer functions for which each is responsible. Agency will specify the requirements, frequency, and content of the performance report. Page 8 of 13 - Agreement with City of • 11. The City and Agency may, each at its own cost, install permanent and temporary volume and quality monitoring stations to determine the effectiveness of City and Agency programs. 12. Interest shall accrue on late payments at a rate of 1.25 times the monthly Local Government Investment Pool (LGIP) earnings rate as posted for the previous month, and will be applied each month to the unpaid balance. Section 5. Administrative and Operating Provisions A. The Agency will not extend sewer service to areas outside the City except with prior approval of the City where such areas are included in the Urban Planning Area Agreement between the City and the appropriate county or counties and any of the following exists: a. A new or existing single family property desires sewer service and needs to directly connect to a sewer line within the city. b. A new development desires sewer service and needs to directly connect a lateral or mainline public sewer directly to a sewer line within the city. B. City and the Agency will each obtain such insurance contracts as necessary to cover the liabilities of City and the Agency respectively for the risks and liabilities arising from activities and operations under this agreement. Each party hereto shall cause the other to be named as an additional insured on its policy or policies as to the obligations under the terms of this agreement. In the event that either party chooses to be self insured, that party shall maintain and furnish proof of separately identified and unencumbered reserves for the maximum liability allowed under state law. C. Agency will not establish local assessment districts within City, without first obtaining City approval. D. Agency will process applications from City pursuant to Section 3.C.7 for Wetland, Floodplain, and Floodway modifications. Timely review of the application shall be provided by the Agency. Upon review and approval by USA, and upon request by City, the Agency shall act as a facilitator and liaison for State and Federal review and permit processes. E. The City shall report all sanitary sewer overflows that it becomes aware of to the Agency within 24 hours of learning of the overflow. The City shall require all permittees of the City to report sanitary sewer overflows to the City. City agrees to reimburse Agency for any expense, costs, damages, Page 9 of 13 - Agreement with City of claims, fines, or penalties incurred by Agency that result from or are related to City's failure to so timely and adequately report. F. City and Agency shall each be responsible for the negligent or wrongful acts of its officers, employees, agents, and volunteers, while performing work related to this agreement. Each party shall be solely responsible for defense, costs or payments arising from legal challenge alleging improper use by that party of funds derived from this agreement, or otherwise held by that party. Each party shall be responsible for any liability arising out of its ownership of real property and interests therein, for acting or failing to act within its Area Of Responsibility, activities governed by an NPDES permit or other air or water discharge permit issued by competent authority to that party, and any conduct of that party subject to direct regulation by state or federal authority. Each party shall fully defend, indemnify, and hold harmless the other from any expense, costs, damages, claims, fines, penalties, or liability incurred by or threatened against the other due to or resulting in whole or in part from the negligent acts or omissions or willful misconduct of the indemnifying party (including its officers, agents, or employees) under or in connection with or arising from any work, authority, jurisdiction, or responsibilities delegated to that party by this Agreement. Inability to perform an activity or to properly perform because of insufficient funding from the Agency is not a negligent act or omission or willful misconduct of the party charged with the activity but shall be the responsibility of the entity that fails to provide adequate funds. Performance of any activity in compliance with the Work Program and Performance Standards as adopted by the Agency is not a negligent act or omission or willful misconduct. G. Agency and City acknowledge that Agency may receive notices of violation or fines from state or federal agencies for violations of state or federal rules. As the permittee and the entity that establishes standards and controls payment, Agency shall be responsible for responding to notices of violations and for payment of all fines. Agency shall invite the City to participate in any discussions with State and Federal agencies regarding notices of violation involving City actions or responsibility. City will cooperate with Agency in the investigation and response to any notice of violation involving actions relating to actions or responsibilities of the City. If a fine is imposed, City shall reimburse Agency to the extent that the fine results from non-performance of adopted programs or non- compliance with Agency, State, or Federal rules or policies by the City and those acting on behalf of the City. If possible, the City shall reimburse the Agency prior to the date due for payment of the fine. The City shall not be responsible for reimbursement if the City's non- performance or non-compliance was caused by lack of adequate funding by Agency. If more than one party is responsible, the City's responsibility for reimbursement payment will be allocated based on the degree of Page 10 of 13 - Agreement with City of • responsibility and degree of fault of the City. Disputes over the amount of reimbursement shall be resolved by the dispute resolution process set out in Section 6 of this Agreement. To the extent that the City is required to perform any work to correct a violation, Agency shall provide adequate funding for the work to be performed, unless the violation was caused by the City's omission or mis-conduct. H. Nothing in this Agreement shall be construed as a limitation upon or delegation of the statutory and home rule powers of City, nor as a delegation or limitation of the statutory powers of Agency. This Agreement shall not limit any right or remedy available to City or Agency against third parties arising from illegal acts of such third parties. 1. Where this Agreement calls for review or approval of a fee or charge, Agency shall perform such review in a timely manner, shall not unreasonably withhold approval, and shall provide its decision to City in writing. If, within 30 days of written request by City for approval by Agency, the Agency has failed to provide a written response, the request shall be deemed approved. J. To the extent that it is so required by law or regulation, City shall comply with Oregon Administrative Rules (OAR) Chapter 340, Division 49, "Regulations Pertaining to Certification of Wastewater System Operator Personnel," including the obligation that City shall have its wastewater collection system supervised by one or more operators certified at a grade level equal to or higher than the system classification shown on page 1 of Agency's NPDES permit, issued by the State. Section 6. Dispute Resolution; Remedies A. In the event of a dispute between the parties regarding their respective rights and' obligations pursuant to this Agreement, the parties shall first attempt to resolve the dispute by negotiation. If a dispute is not resolved by negotiation, the exclusive dispute resolution process to be utilized by the parties shall be as follows: 1. Step 1. Upon failure of those individuals designated by each party to negotiate on its behalf to reach an agreement or resolve a dispute, the nature of the dispute shall be put in writing and submitted to City's Chief Executive Officer and Agency's General Manager, who shall meet and attempt to resolve the issue. If the issue in dispute is resolved at this step, there shall be a written determination of such resolution, signed by City's Chief Executive Officer and Agency's General Manager, which determination shall Page 11 of 13 - Agreement with City of L' be binding on the parties. Resolution of an issue at this step requires concurrence of both parties' representatives. 2. Step 2. In the event a dispute cannot be resolved at Step 1, the matters remaining in dispute after Step 1 shall be reduced to writing and forwarded to the Mayor and the Chairman of the Board of Directors. Upon receipt of the written issue statement, the Mayor and Chairman shall meet and attempt to resolve the issue. If the issue is resolved at this step, a written determination of such resolution shall be signed by the Mayor and Chairman. Resolution of an issue at this step requires concurrence of both the Mayor and the Chairman. 3. Step 3. In the event a dispute cannot be resolved at Step 2, the parties shall submit the matter to mediation. The parties shall attempt to agree on a mediator. In the event they cannot agree, the parties shall request a list of five (5) mediators from the American Arbitration Association, or such other entity or firm providing mediation services to which the parties may further agree. Unless the parties can mutually agree to a mediator from the list provided, each party shall strike a name in turn, until only one name remains. The order of striking names shall be determined by lot. Any common costs of mediation shall be bome equally by the parties, who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be signed by both parties. Resolution of an issue at this step requires concurrence by both parties. In the event a dispute is not resolved by mediation, the aggrieved party may pursue any remedy available to it under applicable law. B. Neither party may bring a legal action against the other party to interpret or enforce any term of this Agreement in any court unless the party has first attempted to resolve the matter by means of the dispute resolution of subsection A above. This shall not apply to disputes arising from a cause other than interpretation or enforcement of this Agreement. Section 7. Effect of this Agreement This Agreement shall supersede all prior agreements and amendments including the "City Committee Agreement" between the parties with respect to sanitary sewerage and service, storm and surface water management; provided that, except as expressly modified herein, all rights, liabilities, and obligations of such prior agreements shall continue. This agreement shall be effective upon its execution by both parties hereto, and shall continue in effect for four renewable terms of five years each. This Agreement shall be deemed automatically renewed for a succeeding five year term up to a limit of 20 years, unless either party gives the other written notice not less than one year prior to the Page 12 of 13 - Agreement with City of nominal expiration of term of its intent not to renew this agreement. If Agency enters into an intergovernmental agreement with any other city in its territory covering the same subject as this Agreement and if any of the provisions of the other agreement differ from this Agreement, the City may elect to replace any provision of this Agreement with the parallel provision from the other agreement, with the exception of Appendix A and Exhibit A. The replacement shall be effective on receipt by Agency of written notice from the City. This Agreement may not otherwise be modified except by written amendment or as otherwise specified in this Agreement. Section 8. Severability In the event a court of competent jurisdiction shall deem any portion or part of this agreement to be unlawful or invalid, only that portion or part of the agreement shall be considered unenforceable. The remainder of this agreement shall continue to be valid. IN WITNESS WHEREOF, this instrument has been executed in duplicate by authority of lawful actions by the Council and Agency Board of Directors. UNIFIED SEWERAGE AGENCY CITY OF , OREGON OF WASHINGTON COUNTY, OREGON By By Chairman, Board of Directors Mayor Attest: Approved as to Form: City Recorder Attorney for Agency City Attorney Page 13 of 13 - Agreement with City of AGENDA I T EM # FOR AGENDA OF November 21, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Briefing on potential new City Code section governing telecommunications franchises PREPARED BY: Craig Prosser DEPT HEAD OK Q-P CITY MGR OK ISSUE BEFORE THE COUNCIL Should Council direct staff to prepare amendments to the Tigard City Code to add a new section governing telecommunications franchises? STAFF RECOMMENDATION Direct staff to prepare an ordinance amending the Tigard City Code for Council consideration on December 19, 2000. INFORMATION SUMMARY Tigard and many other cities are experiencing a major increase in the number of companies seeking franchises to provide telecommunications services within the City. In the past, the only providers of these services were the major telephone companies (GTE and US West). After the passage of the federal Telecommunications Act of 1996, cities began to see more companies offering telecommunications services. By 1999, advances in technology created a major increase in telecommunications companies. In the past, with limited numbers of telecommunications providers, many cities negotiated franchises on a case by case basis. Few cities had code sections governing telecommunications franchises. Tigard does not presently have a Telecommunications Code. Since September of 1999, Tigard has issued seven new telecommunications franchises. Two additional firms have expressed interest in receiving franchises. It is likely that Tigard will receive additional requests in the future. The Telecommunications Act of 1996 requires that cities regulate telecommunications companies on a "competitively neutral basis" and that cities erect no "barriers to entry" into their cities. Basically, this means that local franchises must treat all new businesses as equally as possible and limits cities' ability to deny a franchise. Given the numbers of telecommunications companies seeking franchises from the City of Tigard, and the need to treat all franchises on a "competitively neutral" basis, staff has begun to explore the possibility of adding a section to the Tigard City Code to create an overall framework for telecommunications activity within Tigard, to codify certain minimum requirements, to add additional requirements to address identified problem areas, and to ensure consistency among City franchises. At this meeting, City staff and the City Attorney will brief the City Council on these issues, identify potential Code requirements, and obtain Council direction on the creation of a Telecommunications Code. Staff is presently working on a discussion document which will be distributed to Council prior to this meeting. OTHER ALTERNATIVES CONSIDERED This session is a briefing only. Alternatives will be presented for discussion at the meeting. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA FISCAL NOTES NA i:kitywide\sum.dot Additional Materials for this item Briefing on Potential New City Code Section Governing - Telecommunications Franchises Will be in your, November 17 Newsletter MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Bill Monahan DATE: November 17, 2000 SUBJECT: Telecommunications Ordinance Agenda Item No. 3 of the -November 21 Council meeting is a briefing on a potential new City Code Section governing telecommunications franchises. Finance Director Craig Prosser and City Attorney Tim Ramis have been working on this ordinance. Enclosed for your review is a memorandum from Gary Firestone of the City Attorney's office dated November 15, 2000, along with a draft Telecommunications Franchise Ordinance. City staff have reviewed the draft ordinance and have identified some minor changes including typographical errors and minor word changes. Following Council review during the Workshop Meeting, staff will prepare a new draft with the assistance of the City Attomey's office and present it to the City Council for consideration on December 19. encl 1:{ACM'BILLIMEMOSITELECOPAIUNICATYJN$ FRANCHISE DRAF Q)0C RA M_ 1~ B~CWHRACHB LLP ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 (503) 222-4402 MEMORANDUM Fax: (503) 243-2944 TO: Craig Prosser Finance Director City of Tigard FROM: Gary Firestone, City Attorney's Office DATE: November 15, 2000 RE: Telecommunications Ordinance Issues The following contains our responses to your questions and comments on the draft telecommunications ordinance. A revised draft is enclosed. Section 5.14.060(b)(3) What is the purpose of this section? The telecommunications ordinance is intended to apply to a broad range of entities not just "telecommunications utilities" as defined in ORS chapter 759. "Exchange access services', as defined in the statute will not be a relevant term for many telecommunications service providers. Section 5.14.060(b)(3) is intended to capture 5 percent of gross revenues generated within the City including monthly service charges all separately charged transmission charges if the transmission is both sent and received in the City, and 2.5 percent of separately charged transmission charges if the transmission either originates or is received in the City. Because you found this confusing, we have modified the wording to try to make it more clear. Memorandum re: Telecommunications Ordinance Issues November 15, 2000 Page 2 Section 5.14.120 Do we need specific references to street cuts and flagging? Do we need to define "material"? Specific references to street cuts and flag ggin may not be necessary because they should be covered by (a) and (b). However, we have amende the section to make it clear that failure to restore rights of way or failure to comply with technical, safety and engineering standards is grounds for termination. Defining "material probably would not help because any definition would be subject to interpretation. However because termination is discretionary we have eliminated the term "material" so that the City Council has the authority to terminate or revoke for any violation. The Council will then have discretion to determine whether the violation is sufficiently serious to justify termination or revocation. Former Section 5.14.140, now 5.14.156 Can the City demand free service? While obtaining free service is fairly routine for solid waste franchisees it is far less common for telecommunications franchisees. We have two serious reservations about the idea. The first is that the requirement to provide free service is a type of tax or fee. Depending on the value of the service, a franchisee could argue that the total imposition exceeds the 7 percent statutory maximum. The second concern is that the City needs to treat franchisees uniformly. The City would not need lines or services from all franchisees so the one or two that the City uses would not be treated in the same manner as other franchisees. For these reasons, we recommend that the City pay lowest market rate for services. Section 2.14.410 Why have a civil penalty provision? The civil penalty provision is included to allow the civil infraction procedure to be used. With a system that allows competition, the chances of having a franchisee who does not comply with the franchise ordinance or agreement is increased. This gives the City an additional remedy for noncompliance and is an additional incentive for proper performance by the franchisee. Generally, all non-criminal violations of the city code should be a civil infraction with a specified penalty. Amount of divergence from code. Your response to our question/issue was to create a two tier system, with Tier 1 mandatory and Tier 2 subject to negotiation within limits set by code. The system that the current version of the ordinance uses is that if the franchisee accepts the standard agreement without modification they can be approved by resolution. If they do not accept they need approval by ordinance. Our thout,t was that it would be too complicated to try to list areas that the City could negotiate within limits. If they do not agree, the City can negotiate but the final result will be subject to more intense Council review. Please let us know if you wish us to make any changes. Timing of Work While it would be possible to have a window for franchise and permit applications, a more direct way to control timing of work to coordinate construction and encourage the use of common trenches is to authorize the City to include a condition in the permit regulating the timing of construction and requiring coordination. We have added a provision to that effect in 5.14.204. Public Easements The provision in the CDC re public utility easements could clarify that all entities may use public utility easements. Even if the language is changed, there may be existing public utility easements that are limited in nature, so the definition of right of way has been amended accordingly. Penaltyfor Underpayment A new subsection to 5.14.154 is added to require the franchisee to pay the cost of the audit if the audit reveals underpayment of 5 percent or more. A provision has been added to 5.14.060 requiring payment of interest at the rate of 1 percent per month for all overdue payments. Please feel free to adjust either amount or to suggest an alternative approach. Memorandum re: Telecommunications Ordinance Issues November 15, 2000 Page 3 Placement of Equipment Section 5.14.190 now has a provision relating to placement of facilities on City facilities. Signal Interference Federal preemption over regulation of signal interference is absolute. The City cannot regulate. All it can do is require compliance with federal regulations, which it already does. n Memorandum re: Telecommunications Ordinance Issues November 15, 2000 Page 4 Updating Periodic u dates will be needed. At some point, all franchise provisions (with the possible exception of solidpwaste) may be able to come under one set of rules. The most draconian way to ensure periodic review is to have a sunset clause. However, sunset clauses are risky there is always a possibility that the ordinance allowing, the continuation of the regulations will not be timely resulting in a lapse of the regulation. Periodic review could be incorporated into work plans or similar documents. Including All Utilities At the resent time, it would be awkward to include electrical utilities because they are still subject to greater regulation and less competition. Broadening should probably await further developments in federal and state regulation. Application to Existing Franchises Section 5.14.430 has been amended to clarify the applicability of the Chapter to existing franchises. G ff/acm/90024/telecommunications.me2 TELECOMMUNICATIONS FRANCHISE ORDINANCE 5.14.010 Short Title This Chapter shall be known and referred to as the Tigard Telecommunication Ordinance. 5.14.020 Definitions (a) Telecommunications system. As used in this chapter, "telecommunications system" means a system of fibers, lines, cables, antennas, microwave links, or other conduit and supporting structures and equipment constructed or used for the purpose of transmitting audio, video, digital or other forms of electric or electronic signals or information. "Telecommunications system" does not include a cable communications system. However, if a portion of a cable communications systems is also used for telecommunications other than cable communications, the system is both a cable communications system and a telecommunications system. Telecommunications system does not include a system used for the transmission of electric power solely for power purposes, even if a portion of the system is used to communicate information about the power system for use by the system operator. Telecommunications system does not include mobile telecommunications equipment (e.g. cellular phones, hand-held or vehicle-mounted radios) but does include fixed antennas and other fixed equipment used to convey signals to or from mobile telecommunications equipment. (b) Franchise. As used in this chapter, "franchise" means the privilege conferred on a person or entity by the City to place and operate portions of a telecommunications system in, over or under rights of way. Franchises shall be conferred by ordinance and confirmed by a franchise agreement. (c) Right of way. As used in this chapter, "right of way" includes City streets, roads, bridges, alleys, sidewalks, trails, paths, and all other public ways and areas managed by the City. "Right of way" also includes public utility easements to the extent that the easement allows use by the franchisee planning to use or using the public utility easement. "Right of way" includes the subsurface under and airspace over these areas. (d) Competitive telecommunications service provider. As used in this chapter, "competitive telecommunications service provider" means an operator of a telecommunications system that does not have exclusive rights to provide service to a geographic area under state or + federal law. q 5.14.030 Purpose a The purpose and intent of this ordinance is to: a (a) Comply with the provisions of the 1996 Telecommunications Act as they apply to local governments, telecommunications carriers and the service those carriers offer; Page 1 (b) Promote competition on a competitively neutral basis in the provision of telecommunications services; (c) Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to businesses institutions and residents of the City; (d) Permit and manage reasonable access to the public rights of way of the City for telecommunications purposes on a competitively neutral basis and conserve the limited physical capacity of those public rights of way held in trust by the City; (e) Assure that the City's current and ongoing costs of granting and regulating private access to and the use of the public rights of way are fully compensated by the persons seeking such access and causing such costs; (f) Secure fair and reasonable compensation to the City and its residents for permitting private use of the public rights of way. 5.14.040 Franchise Required No person shall place or maintain any portion of a telecommunications system within a right of way without a franchise. The City may grant a franchise allowing use of any right of way for any portion of a telecommunications system, consistent with the regulations established in or under the authority of this chapter. 5.14.060 Franchise Fee (a) Any person applying for a franchise (including an application for renewal) shall pay an application fee to cover the cost of processing the application. The City Council shall establish the fee by resolution. (b) A person granted a franchise shall pay an annual franchise fee in the amount of $7,500 or the amount established under the following subsections, whichever is greater: (1) For telecommunications utilities (as defined in ORS 759.005), five percent 4 of gross revenues received from exchange access services (as defined in ORS 401.710) from customers within the City, less net uncollectibles from such revenues. 0 H (2) For long distance providers and private networks, _ per linear foot of installations in the right of way. 7 (3) For competitive access providers and all other franchisees who not subject to a subsections (1) and (2), five percent of gross revenues generated within the City. Gross revenue generated within the City includes monthly service charges paid by customers within the City, the full amount of charges for separately charged transmissions originating and received within the City, half the amount of Page 2 separately charged transmissions that either originate or are received within the City but are received or originate outside the City, any amounts received for rental of facilities within the right-of-way, and any other amounts received by the franchisee for services (including resale services) provided by the franchisee that use facilities within the right of way. In the event that a transmission is sent or received by a mobile device (e.g. cellular phone), the mobile device shall be deemed to be in the jurisdiction where the bills for use of the device are sent, regardless of actual location at the time of the transmission. (c) The franchise fee is compensation for use of rights of way and reimbursement of the City's cost of administering the program created in this chapter. The franchise fee is separate and distinct from any other legally authorized federal, state or local taxes or fees. (d) The fees imposed by this chapter are not subject to the property tax limitations of Article XI, sections I I(b) and 11(19) of the Oregon Constitution and are not fees imposed on property or property owners by fact of ownership and are not new or increased fees for purposes of those subsections. (e) The franchise fee shall be payable (annually, quarterly, monthly) within - days of the end of the (year, quarter, month). The franchisee shall pay interest at the rate of one percent per month for any payment made after the due date. 5.14.070 Application An application for a franchise shall include: (a) A completed City application form. The City Finance Director shall prescribe the form to be used. (b) Information identifying the applicant and describing the telecommunications system the applicant proposes to operate in rights of way. The initial application shall include engineering plans, specifications and a network map showing the anticipated location and L4 route of proposed telecommunications facilities in the right of way, including both y existing and proposed facilities. If any of the facilities are owned by others, that information should be provided. (c) Information establishing that the applicant has obtained all other required governmental a approvals to construct and operate the system and to offer or provide the telecommunications services proposed, including, if applicable, any PUC filings or 7 approvals. a a (d) The application fee. Page 3 (e) Information showing that applicant has the financial, technical and legal capacity to provide the services and comply with the requirements of this chapter. That information shall include a summary of the franchisee's business history. (f) A business plan showing the intention and ability to provide services for which the franchise is required within _ months. 5.14.080 Grant of Franchise (a) To competitive telecommunications service providers. The City Council may grant by resolution a telecommunications franchise to any person providing competitive telecommunications services who has submitted an application, meets the requirements of this Chapter, and agrees to sign the City's standard franchise agreement without modification. The franchise shall not be effective until the applicant signs the City's standard Telecommunications Franchise Agreement. The City Council shall approve the form of the standard Telecommunications Franchise Agreement by resolution. (b) To others. The City Council may grant telecommunications franchises in any other circumstance by ordinance. Any franchise ordinance shall not be effective until a franchise agreement is entered into by the City and the franchisee. (c) Nonexclusivity. All telecommunications franchises granted to competitive telecommunications service providers shall be nonexclusive. Page 4 5.14.085 Denials Any denial of a franchise application shall be in writing and state the reasons for the denial. The City may deny an application for a franchise: (1) If the franchisee has not complied with all application requirements and standards; (2) If the franchisee lacks sufficient financial, technical or legal capacity to provide services and assure compliance with applicable standards; (3) If the franchisee has a record of non-compliance; (4) If other factors demonstrate that the grant of a privilege to use rights of way is not in the public interest of the City and its citizens. 5.14.090 Privilege Granted The franchise shall grant a privilege to use rights of way consistent with the requirements of this chapter. The franchise does not convey any right, title or interest in the right of way. 5.14.100 Term 0 Unless otherwise specified in the franchise agreement and resolution or ordinance, franchises shall be in effect for ten years but in no case shall exceed 15 years. 5.14.120 Revocation or Termination of a Franchise The City Council may terminate a franchise for any of the following reasons: (a) Violation of this telecommunications ordinance. (b) Violation of a franchise agreement. (c) Misrepresentation in a franchise application, including a renewal application. (d) Abandonment of facilities. (e) Failure to pay taxes, compensation, fees or costs due the City. (f) Failure to restore rights of way after construction. (g) Failure to comply with technical, safety and engineering standards. Page 5 5.14.130 Notice and Cure The City shall give franchisee written notice of any apparent violations before terminating a franchise. The notice shall include a short and concise statement of the nature and general facts of the violation or noncompliance and provide a reasonable time (no less than 20 and no more than 40 days) for the franchisee to demonstrate that the franchisee has remained in compliance, that the franchisee has cured or is in the process of curing any violation or noncompliance, or that it would be in the public interest to impose a penalty or sanction less than termination. If the franchisee is in the process of curing a violation or noncompliance, the franchisee must demonstrate that it acted promptly and continues to actively work on compliance. If the franchisee does not respond or if the City Manager determines that the franchisee's response is inadequate, the City Manager shall refer the matter to the City Council, which shall provide a duly noticed public hearing and determine whether the franchise shall be terminated.. 5.14.140 Standards for Termination In determining whether termination or some other sanction is appropriate, the following factors shall be considered: (a) The egregiousness of the misconduct; (b) The harm that resulted; (c) Whether the violation was intentional; (d) The franchisee's history of compliance; (e) The franchisee's cooperation in discovering, admitting and/or curing the violation. 5.14.150 Renewal A franchisee that desires to renew a franchise shall submit an application for renewal on a form prescribed by the Finance Director no less than 180 days before expiration of the franchise. 5.14.152 Assignment or Transfer of Franchise i A franchise may not be transferred or assigned without the express written consent of the City. A transfer of ownership or control of a majority interest in the franchisee shall constitute transfer i of the franchise. If a franchise is assigned or transferred, the assignee or transferee shall become responsible for all facilities of the existing transferee at the time of transfer. The City shall a allow the transfer or assignment if a transfer fee in an amount determined by resolution has been 3 paid, the transferee or assignee meets all requirements imposed on franchisees, and the transferee or assignee agrees in writing to be bound by the franchise agreement and all applicable regulations. A transfer or assignment of a franchise does not extend the tern of the franchise. 5.14.154 Duty to Provide Information, Audit Responsibility Page 6 Within 10 business days of a written request from the City, franchisee shall furnish the City: (a) Information sufficient to demonstrate that franchisee is in compliance with this ordinance and its franchise agreement; (b) Access to all books, records, maps, and other documents, maintained by the franchisee with respect to its facilities in rights of way so that the City may perform an audit. Access shall be provided within the Portland Oregon metropolitan area. (c) If the City's audit of the books, records and other documents maintained by franchisee demonstrate that the franchisee has underpaid the franchise fee by five percent or more in any one year, franchisee shall reimburse the City for the cost of the audit and shall pay interest as specified in Section 5.14.060 from the original due date. 5.14.156 Service to the City If the City contracts for use of telecommunications facilities, services, installation or maintenance from the franchisee, the franchisee shall charge the City franchisee's most favorable rate offered at the time of the request to similar users within Oregon for a similar volume of service, subject to state law. With the City's permission, the franchisee may deduct any applicable charges from franchise fee payments. Other terms and conditions of services provided by franchisee to the City may be specified in a separate agreement. 5.14.158 Leased Capacity A franchisee may lease capacity or bandwidth on its systems to others, provided that the franchisee provides the City with the name and business address of any lessee. All persons leasing capacity or bandwidth on a telecommunication system and providing telecommunications services to others using that capacity or bandwidth are required to obtain a telecommunications franchise. 5.14.160 Insurance All franchisees shall secure and maintain public liability insurance, with a 30 day cancellation 4 clause, with a combined single limit of $3 million, insuring the franchisee and the City. The franchisee shall cause a certificate of insurance to be provided to the City Recorder. The insurance shall indemnify and hold the City harmless against liability or damage which may arise or occur from any claim resulting from franchisee's operations under this agreement and shall provide for a defense of the City against such claims. a As arx alternative, a franchisee may provide and keep in force self-insurance in an equal amount j to the insurance required to be obtained from a third-party insurer. The franchisee shall indemnify, defend and hold harmless the City through its self-insurance program against any and all claims, actions, demands and suits (including attorney fees and costs) arising our of or resulting from the franchisee's activities. The franchisee shall provide proof of self-insurance acceptable to the City if it chooses to self-insure. Page 7 5.14.170 Indemnification Each franchisee shall defend, indemnify and hold the City and its officers, employees, agents and representatives harmless from and against any and all damages, losses, and expenses, including reasonable attorney fees and costs of suit or defense, arising out of, resulting from, or alleged to arise out of or result from the negligent, careless, or wrongful acts, omissions, failure to act, or other misconduct of the grantee or its affiliates, officers, employees, agents, contractors, subcontractors, or lessees in the construction, operation, maintenance, repair, or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed, or prohibited by this Ordinance or by a franchise agreement. 5.14.180 Performance Surety Each franchisee must provide a performance bond acceptable to the City as security for the full and complete performance of any franchise granted under this Ordinance, to cover any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the franchisee to comply with the codes, ordinances, rules, regulations or permits of the City. The bond shall be in amount sufficient to pay for the removal of all of franchisee's facilities within the right of way. 5.14.190 Facilities All telecommunications facilities in the right of way shall be constructed, installed, operated and maintained in accordance with all applicable federal, state, and local statutes, codes, ordinances, rules and regulations. All facilities shall comply with applicable design standards imposed by regulation or construction permit. No facility may be placed on any City facility without the express written consent of the City. The City may require separate payment for rental of space on City facilities. For purpose of this section, a right of way, street or sidewalk is not a facility, but structures, including poles, conduit, boxes, and equipment, are facilities. Page 8 5.14.200 Construction Permits No person shall construct or install any telecommunications facilities within a public right of way without first obtaining a construction permit, and paying the construction/street opening fee established pursuant to Section 5.14.202. No permit shall be issued for the construction or installation of telecommunications facilities within a right of way unless the telecommunications carrier has obtained a franchise. Construction permits may be applied for at the same time a franchise is applied for. 5.14.202 Permit Applications A. Applications for construction permits shall be submitted on forms provided by the City and shall be accompanied by drawings, plans, and specifications in sufficient detail to demonstrate: 1. That the facilities will be constructed in accordance with all applicable codes, rules and regulations; 2. That the facilities will be constructed in accordance with the franchise agreement; 3. The location and route of all new facilities to be installed as well as all of applicant's existing facilities in the construction area, including a cross-section to show the facilities in relation to the street, curb, sidewalk and right of way. 4. The construction methods to be employed for protection of existing structures, fixtures and facilities and a description of any improvements that the applicant proposes to temporarily or permanently remove or locate. B. Applications for construction permits shall be accompanied by the following: 1. A verification of a registered professional engineer that the drawings, plans and specifications submitted with the application comply with all applicable technical codes, rules and regulations. 1 2. A written construction schedule, which shall include a deadline for completion of construction. The construction schedule is subject to approval by the City Engineer. H i 3. The construction/street opening fee in an amount to be determined by resolution of the City Council. The fee shall be designed to defray the costs of city administration of the construction permit program. Page 9 5.14.203 Review by City Engineer The City Engineer, after reviewing the materials submitted with the application, shall notify the franchisee if changes in the construction plans are needed and what City requirements must be met. If any work otherwise normally requiring a construction permit is conducted in response to an emergency, the franchisee shall furnish the required maps and materials within 30 days of commencing work. 5.14.204 Permit Issuance Upon a determination that the application and supporting information complies with the requirements of this chapter, the City Engineer shall issue a permit authorizing construction of the facilities, subject to conditions that the City Engineer deems appropriate to ensure compliance with this chapter and to protect the public health, safety, welfare and interest. In order to minimize disruption to transportation and to coordinate work to be performed in the right of way, the permit may specify a time period within which all work must be performed and require coordination of construction activities. The City Engineer may impose conditions regulating the location and appearance of facilities. 5.14.206 Notice of Construction Except in an emergency, the permittee shall notify the City Engineer not less than two working days prior to any excavation or construction in the right of way. 5.14.208 Compliance with Permit All construction shall be in accordance with the permit and approved plans and specifications. The City Engineer or designee shall be provided access to the work site and the opportunity to inspect any work in the right of way. The permittee shall provide, upon request, any information needed by the City Engineer or designee to determine compliance with applicable requirements. All work that does not comply with all requirement shall either be corrected or removed at the sole expense of the permittee. The City is authorized to issue stop work orders to assure compliance with this Chapter. 5.14.209 Construction in Right of Way The franchisee shall complete all construction within the right of way so as to minimize disruption of the right of way and utility service and without interfering with other public and private property. All construction work within rights of way, including restoration, must be completed within 120 days of issuance of the construction permit unless an extension or alternate schedule has been approved by the City Engineer. The franchisee shall comply with City traffic control procedures and standards. 5.14.210 As Built Drawings Page 10 LM Franchisee shall provide City with two complete sets of engineered plans in a form acceptable tot the City drawn to scale showing the location of all its telecommunications facilities within rights of way after initial construction of its system and shall provide the City two updated complete sets of as-built plans annually. 5.14.220 Damage to Grantee's Facilities The City snail not be liable for any damage to or loss of any telecommunications facility as a result or in connection with any work by or for the City or for any consequential damages or losses resulting from such work unless the damage or loss is the direct and proximate result of willful, intentionally tortious, or malicious acts by the City. 5.14.230 Restoration of Public Rights of Way and City Property (a) When a franchisee, or any person acting on its behalf, does any work in or affecting any public rights of way or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to good order and condition unless otherwise directed by the City and as determined by the City Engineer or designee. (b) If weather or other conditions do not permit the complete restoration required by this section, the franchisee shall temporarily restore the affected rights of way or property. Such temporary restoration shall be at the franchisee's sole expense and the permittee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. Any corresponding modification to the construction schedule may be subject to approval by the City. (c) If the franchisee fails to restore rights of way or property to good order and condition, the City shall give the franchisee written notice and provide the franchisee a reasonable period of time not exceeding thirty (30) days to restore the rights of way or property. If, after said notice, the franchisee fails to restore the rights of way or property to as good a condition as existed before the work was undertaken, the City shall cause such restoration to be made at the expense of the permittee. (d) A franchisee or other person acting in its behalf shall use suitable barricades, flags, flagging attendants, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such rights of way or property. Page 11 (e) Franchisee shall restore all streets, alleys, roads and other public ways or places that it disturbs to the same condition the area was in prior to franchisee's work. Franchisee shall perform all work in compliance with applicable rules, regulations, ordinance or orders. The City Engineer may issue orders to ensure compliance with this Ordinance and proper protection of public and private property. If the franchisee fails to make repairs or provide restoration in response to any order within the time allowed under the order, City may make those repairs at the expense of the franchisee. 5.14.240 Performance and Completion Bond Prior to installing new telecommunications facilities in any right of way, the franchisee shall provide a performance bond or other surety acceptable to the City in an amount equal to at least 110% of the estimated costs of constructions of the new facilities within the rights of way. The surety shall remain un force until 60 days after substantial completion, including restoration of public rights of way and other property, as determined by the City. The surety shall guaranty timely completion, construction in compliance with applicable plans, permits, codes and standards, proper location, restoration of public rights of way and other property, and timely payment and satisfaction of all claims, demands or liens for labor, material or services. 5.14.300 Location of Facilities All facilities located within the public right of way shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement. (a) Whenever all existing electric utilities, cable facilities or telecommunications facilities are located underground within a public right of way of the City, a franchisee with permission to occupy the same public right of way must also locate its telecommunications facilities underground. (b) Whenever all new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public right of way of the City, a franchisee that currently occupies the same public right of way shall relocate its facilities underground concurrently with the other affected utilities to minimize disruption of the public right of way, absent extraordinary circumstances or undue hardship as determined by the City and consistent with applicable state and federal law. Page 12 5.14.310 Interference with Rights of Way No franchisee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public rights of way by the City, by the general public or by other persons authorized to use or be present in or upon the public rights of way. All use of public rights of way shall be consistent with City codes, ordinances and regulations. No franchisee shall engage in work in a right of way during any moratorium on right of way work, except as permitted by the City in case of an emergency. 5.14.320 Relocation or Removal of Facilities The franchisee shall temporarily or permanently remove, relocate, change or alter the position of any telecommunications facility within a public right of way when requested to do so in writing by the City. The removal, relocation, change or alteration shall be at franchisee's expense when the removal, relocation, change or alteration is needed because of construction, repair, maintenance, or installation of public improvements or other operations of the City within the right of way or is otherwise -in the public interest. In the event that the removal, relocation, change or alteration is needed to accommodate private development or other private use of the right of way, the developer or other private party requiring the action shall be responsible for the cost of removal, relocation, change or alteration. The franchisee shall be under no obligation to remove, relocate, change or alter its facilities to benefit a private party unless and until the private party pays a deposit for costs to the franchisee. The City shall specify in the written notice the amount of time for removal, relocation, change or alteration. In the event of emergency, the franchisee shall take action as needed to resolve the emergency, and the City may use any form of communication to direct the franchisee to take actions in an emergency to protect the public safety, health and welfare. 5.14.325 Plan for Discontinuance or Removal Whenever a franchisee plans to discontinue any telecommunications facility, the franchisee shall submit a plan for discontinuance to the City. The plan may provide for removal of discontinued facilities or for abandonment in place. The City Engineer shall review the plan and issue an order to the franchisee specifying which facilities are to be removed and which may be abandoned in place The order shall establish a schedule for removal. The franchisee shall remain responsible for all facilities until they are removed. i i { { !S I Page 13 5.14.330 Removal of Abandoned Facilities Within 30 days following written notice from the City, a franchisee and any other person that owns, controls, or maintains any unauthorized telecommunications system or facility within a right of way shall, at its own expense, remove the facilities and restore the right of way. A telecommunications facility that the City Engineer has approved to be abandoned in place is not an unauthorized telecommunications facility. A telecommunications system or facility is unauthorized under the following circumstances: (a) The telecommunications system or facility is outside the scope of authority granted by an existing franchise. This includes systems or facilities that were never franchised and systems or facilities that were once franchised but for which the franchise has expired or been terminated. This does not include any facility for which the City Engineer has authorized abandonment in place; (b) The system or facility has been abandoned and the City Engineer has not authorized abandonment in place. A system or facility is abandoned if it is not in use and not planned for further use. A system or facility will be presumed abandoned if it is not use for a period of 90 days. A franchisee may overcome this presumption by presenting plans for future use of the facility that demonstrate planned use within a reasonable period. (c) The facility is improperly constructed or installed or is in a location not permitted by the franchise or this Ordinance. 5.14.335 Removal by City If the franchisee or former franchisee fails to remove any facility when required to do so under this Ordinance, the City may remove the facility and the franchisee or former shall be responsible for paying the full cost of the removal and any administrative costs incurred by the City in removing the facility and obtaining reimbursement. 5.14.340 Coordination of Construction Facilities All franchisees shall make a good faith effort to coordinate their construction schedules with those of the City and other users of the rights of way. (a) Prior to January 1 of each year, the franchisee will provide the City with a schedule of planned construction work for that year in or that may affect the right of way. (b) Franchisee agrees to meet with the City at least once each calendar year, at the request of the City, to schedule and coordinate work in rights of way. City shall share information on plans for other construction projects within rights of way. (c) All construction projects within rights of way shall be coordinated as ordered by the City Engineer or designee, to minimize public inconvenience, disruption, or damages. Page 14 MISS 1. M 5.14.400 Severability and Preemption If any provision of this Ordinance is for any reason declared or held to be invalid or unenforceable by any court of competent jurisdiction or superseded by state or federal legislation, rules, regulations or decision, the remainder of this Ordinance shall not be affected and all remaining portions shall be valid and enforceable to the fullest extent permitted by law. In the event any provision is preempted by federal or state law, the provision shall be preempted only to the extent required by law and any portion not preempted shall survive. If any federal or state law resulting in preemption is later repealed, rescinded or amended to end the preemption, the preempted provision shall return to full force and effect without further action by the City. 5.14.410 Penalties Failure to comply with a provision of this Ordinance shall be a Class _ civil infraction. 5.14.420 Other Remedies Nothing in this Chapter shall be construed as limiting any judicial or other remedies the City may have for enforcement of this Ordinance. 5.14.430 Application to Existing Agreements This Chapter shall be applied to all persons and activities except that it shall not affect contract rights of existing franchisees. This Chapter shall apply to existing franchisees on termination of existing franchises. gff/acrt✓90024/telecommunications.or2(t 1/15/00) Page 15 0 A 0 0 • • s Tiy,-"ard r • i el • bcommunications TKO; l~* F} r r {~yrsr.3 YE- z ~ r ~w ro • ® 0 0 0 O Bill 0 Pro.1 Telecommunications Act of 1996 • Explosion of telecommunications franchises • No set standards -everything is subject to negotiation Need consistent approach to avoid erecting "barriers to entry " and to remain "competitively neutral" e e lac 'elm r ro ~i WN • Researched model ordinances • Reviewed Tigard standard franchise agreement Discussed with Franchise Coordination Group LL' 171D1L11 i U l.L".L I~ O • 4 $ i 4 ® Create a section of Tigard City Code that governs telecommunications franchises (overall framework) ®Approve new franchises within that framework by resolution of Council (not ordinance) Any franchises created outside of this framework would require a City ordinance ® 0 0 0 0 0 0 0 I STRIP ; ; . XT 1 OWN, I TS ,his aCd Ira taxld uCCent jokkoW ® Genet went a Cie o,rement 0 eilstlng ~,,emeflts eve cep some Creates . . . o _ ~ication App by prescribed City Application form Manager Finance DirectOrlCity , about the aPPlicant Information S ecifications, . preliminary engineering plans, p and maps cQ~pany has received all P C) . proof that ental approvals (`~•eernm necessary 90\1 e continued NNW- nt' l hIllca~, and 1ega~ a of financial, tee , ~lud~ng . proof ~t to pto\jl--e services t,s bUS~nesS k~jstofy capmm oI appoican de Su ~ t to Pro`v' ess pavan shown ~d Pe 01 time. A bus►n ecefSefv~ces with`n a Sp • p~pplicatwn fee e ~ppliCatio{n Fie (e h) • Set by Council resolution • Recover cost of processing franchise application 9 Limit speculative applications s 0 e ~ r -nG • Minimum fee of $7,500 per year (existing) • Maximum fee of 5% of gross revenues (existing) • Per linear foot charge for long distance providers and private networks (new) Denial, RevuA---cation, and TermLna~n (n-)Y • Establishes standards for denial of application Identifies reasons a franchise may be revoked • Establishes standards to be considered in a possible termination of the franchise • Violation of ordinance is a Civil Infraction 0 ~,uypu,ii x oi~r e 01 rho s com'P~iance ce bond to e e removal of facilities performan if . to e;~sur (su{{+cien~. size necessaf~) ~ t~ of t on bind eaua e Coll strue (;cost to gual nee with construc~►on construt►on comPOla GomP~et►on and standards 0 LP+1T115u'L lY oink (;tlu 1 ■ loin ;s COOV61~ ~~wl d e to A, prov a prior of construction each calendar. City at lea~$ once oordin . Meet With edUte and c ate year to sch ordered bY ction as ~ e to cons~ru . G ~ CEnaineer c► y ,o Now 01 VOL men e F Written sfer Ise without of . No trap f the c~~y ~exist~n9~ con sent ~ ~Sier lee kne~~ . payment o~ a tra \,3e bound a in writing; c !e e'mgree ent and app . ,,.,nSjere, seem ne wt by Iranclolse ae .his ordinance) ~ regueat►ons s Term of Franchise (existing) • Mandates that the term of a franchise shall be 10 to 15 years (assumption will be 10 years) 0 m ranee ►n amount of . Public liability ►nsu illion (e)isting is $1 million) m Allows self insurance (existing) . moo 0 0 P e rM ~.~s co Must apply for construction and street opening permits (existing) • Must pay applicable permit fees (new) • Specifies information to be submitted with permits (exists informally) e Rights-of-..Way • Defines Rights-of-Way to include public utility easements (new) • Requires restoration of rights-of-way (existing) • Location of facilities (existing) - Underground when all other utilities are located underground - Requires relocation underground under certain circumstances I oil a Abandoned Facilitiesin-, With approval of City Engineer, may be left in place • City may remove at franchisee's expense s 0 NpxtSteps Approval to proceed with development of this ordinance • Share with existing and pending telecommunications franchisees requesting comments Share with coordinating cities & request comments Schedule for Council consideration on December 19, 2000 • Future issue expand to cover other types of franchises? AGENDA ITEM # FOR AGENDA OF 21 November 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA 'T'ITLE Proposal for the City of Tigard to become a Trce Citv USA. PREPARED BY: Matt Stine DEPT HEAD OK ~ CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Council direct staff to pursue National Arbor Day Foundation's Tree City USA designation. STAFF RECOMMENDATION For the City Council to give the Department of Public Works- Parks Division permission to pursue Tree City USA status by following established guidelines. INFORMATION SUMMARY The City of Tigard will benefit by becoming a Tree City USA in many ways such as: • Ecological benefits that trees provide will enhance the City of Tigard as well as surrounding communities. Ecological advantages of trees include wildlife habitat, clean oxygen, air pollution sinks, erosion control, water retention, leaching and filtering out ground pollutants in the soil and water, uplifting human spirits, aesthetic beauty, shade to cool streets, buildings or people in the summer, an windbreaks during the winter. • Tigard will receive national recognition for its dedication to developing, preserving, and protecting its urban forest. • Community involvement in the city's urban forest. People throughout the city can work together to have direct and very beneficial impacts to Tigard's urban forest through developing and executing tree planting projects, ecosystem restoration projects, a city-wide street tree inventory, and numerous other activities and projects involving trees. • The City of Tigard can also use the four standards required to become a Tree City USA as integral guides in planning and further developing the city's urban forestry program. The four standards are intended to encourage citizen involvement with the city government programs to implement an urban forestry plan that suits the entire city. Since there are so many different interests and ideas in how the city urban forestry plan should be developed and carried out citizen involvement is necessary to ensure that the needs of everyone are met. • Becoming a Tree City USA shows the citizens of Tigard that the city government is committed to protecting and enhancing its urban forest. Pursuing "free City USA status will require the City to meet four established standards. STANDARD 111: Allocate at least $2.00 per capita to the Urban & Community Forestry budget. S'T'ANDARD 02: Develop a Tree Care Ordinance. STANDARD 113: Develop and implement a Tree Board. S'T'ANDARD 114: I loll an Arbor Day celebration including the Mayor reading a proclamation recognizing Arbor Day 11or the City ol" I'igard. OTHER ALTERNATIVES CONSIDERED Continue developing our Urban & Community Forestry program without seeking national recognition from the National Arbor Day Foundation. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY By accomplishing the recommendation the Council would accomplish two Vision Task Force Goals: Growth and Growth Management- by preserving, managing, and enhancing our street trees, park trees and grcenways the City of Tigard is protecting natural resources areas from the impacts of increased growth. Community Character and Quality of Life- volunteer spirit is an integral part of Tigard's urban forestry plan development and improvement. Volunteers can help plant and maintain trees in their communities, help develop and carry out a citywide street tree survey, help create planting plans in their communities, and numerous other activities to enhance Tigard's urban forest. FISCAL NOTES Allocate at least $2.00 per capita towards the Urban & Community Forestry program. To qualify money can be spent on the Urban Forester's salary, City workers' salaries when they perform tree work, computer software pertaining to trees and the urban forest, contract work for tree care or removal, leaf and brush pick-up, memberships to tree organizations, tree purchases, or tree care conferences and workshops. i:tcitywidckum.doi OWN i i i 3 MEMORANDUM TO: Ed Wegner FROM: Matt Stine RE: Tree City USA DATE: November 14, 2000 The Tree City USA program is a nationally sponsored and recognized program of the National Arbor Day Foundation, based in Nebraska City, Nebraska. In order for a city or community to qualify as a Tree City USA they must meet four standards outlined by the National Arbor Day foundation. The four standards are: 1) Establish a Tree Board- A tree board is a group of concerned citizens, a forestry department, an advisory board, or an administrative commission. The tree board ..receives direction from a tree ordinance. Members of the tree board determine the frequency of the meetings. Some of the issues tree boards would deal with include: ■ Review tree planting, maintenance, and removal requirements. • Assist in developing and updating a street tree inventory. • Review existing street tree list for possible modifications. ■ Assist in selecting tree species for plantings on public property. The City of Tigard can designate the Planning commission as the tree board. The City Forester would be involved in all decisions the board makes regarding trees and tree issues. The City Forester would develop relationships with people in the communities (through outreach to the Community Involvement Teams) to receive their input on trees and tree issues throughout the City. The City Forester would then take their questions, concerns, requests, etc. to the tree board for review. One duty of the City Forester would be a to act as a liaison between community groups or individuals and the tree board. This way the community's voice can be heard and addressed Since one of the Planning Commission's duties will be to act as the tree board I would suggest that future appointees be knowledgeable of and interested in trees. For example, arborists, master gardeners, horticulturists, or landscapers. Input from the communities WILL include ideas from these types of professional people. Decisions may be challenged if input is ignored or dismissed. 2) Develop & Implement a Tree Ordinance- A tree ordinance can include any guidelines that the city or community feels are important for the restoration, preservation, or establishment of an urban forest. For example, a tree ordinance may outline the rules and regulations for proper tree care maintenance, and removal of trees on public property. Heritage trees (trees of historical value or trees that are very large and/or old) may be identified, protected, and maintained through a tree ordinance. The tree ordinance may also lay out the guidelines for creating, updating, and maintaining a street tree list. Hazardous tree issues are oftentimes addressed as well. The City of Tigard can create its own tree ordinance to include any guideline, rule, or regulation that is in the best interest of the City's urban forest. There are tree ordinances in cities that are close by that we can look at to follow for some direction and advice. 3) Spend at least $2.00 per capita on the Urban & Community Forestrkpro_ ram. Every year at least $2.00 per capita must be spent on the Urban & Community Forestry program. There are numerous expenses that the City of Tigard already spends that may be counted towards the $2.00 per capita requirement including: • The Urban Forester's salary. • City Workers' salaries when performing tree care pruning, or maintenance. • Street tree inventory or other tree-related computer software. ■ Contract work for tree planting, care, maintenance, or removal. ■ Leaf and brush pick-up. • Tree purchases. • Volunteer hours spent performing tree planting, care, or maintenance. • Any grant money spent by the City for tree-related activities. • Equipment maintenance. • Equipment purchases or rentals. • Money spent on fertilizing. ■ Money spent on insect and/or disease control. • Insurance. ■ Memberships or donations to tree organizations. • Mulching. ■ Public education materials. • Stump removal. ■ Tree care conferences & workshops attended by City workers. • Watering trees. 4) Mayor reads a Proclamation and City Observes Arbor Day- An Arbor Day celebration can be a very brief reading of the proclamation during a tree planting ceremony or an all-day or all-week celebration. There are countless activities that may occur during an Arbor Day celebration. Making a community-wide celebration is ideal to make the day fun and memorable. Usually celebrations are nuld ai uieroeniary or junior nigh schools. Suggestions include organizing a fun run, holding a poster or poetry contest, pageants or plays done by school stLidents, planting trees, demonstrations on proper tree care and maintenance, tree giveaways, a local nursery open house, a forest/tree/park dedication, or an Arbor Day fair. To make the day official the mayor must issue a proclamation declaring the observance of Arbor Day in the City of Tigard. The City of Tigard will benefit by becoming a Tree City USA in many ways such as: • Ecological benefits that trees provide will enhance the City of Tigard as well as surrounding communities. Ecological advantages of trees include wildlife habitat, clean oxygen, air pollution sinks, erosion control, water retention, leaching and filtering out ground pollutants in the soil and water, uplifting human spirits, aesthetic beauty, shade to cool streets, buildings or people in the summer, an windbreaks during the winter. • Tigard will receive national recognition for its dedication to developing, preserving, and protecting its urban forest. • Community involvement in the city's urban forest. People throughout the city can work together to have direct and very beneficial impacts to Tigard's urban forest through developing and executing tree planting projects, ecosystem restoration projects, a city-wide street tree inventory, and numerous other activities and projects involving trees. • The City of Tigard can also use the four standards required to become a Tree City USA as integral guides in planning and further developing the city's urban forestry program. The four standards are intended to encourage citizen involvement with the city government programs to implement an urban forestry plan that suits the entire city. Since there are so many different interests and ideas in how the city urban forestry plan should be developed and carried out citizen involvement is necessary to ensure that the needs of everyone are met. • Becoming a Tree City USA shows the citizens of Tigard that the city government is committed to protecting and enhancing its urban forest. a;- W` :zzt 2., x cPe. Z t i r' ! e tY ; L- 1 1 ' 1 t ~ ` t ~i t S~ TREE CITY USA Aplicati® I Mail completed application with requested attachments to your state forester no later than December 31. I The TREE CITY USA awa rd is made in recognition of work completed by the city during the calendar year. Please provide information for the year ending. I (Some states require information in addition to that requested on this application. Check with your state forester:) I As of the city of (Title - Mayor or other city official) I herewith make application for this community to be officially recognized and designated as a TREE CITY USA for having I achieved the standards set forth by The National Arbor Day Foundation as noted below (year) I Standard 1: A Tree Board or Department I List date of establishment of board, board members, and meeting dates for the past year; or name of city department and manager. I I I I I Standard 2: A Community'll•ee Ordinance I Date ordinance established Attach ordinance, I Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita* I Total community forestry expenditures $ Community population I Attach annual work plan outlining the work carried out during the past year. Attach annual budget. *Note: $1 per capita will be accepted through 1990 I Standard 4: An Arbor Day Observance and Proclamation I Date observance was held Attach program of activities and/or news coverage. I Attach Arbor Day proclamation. I I Signature Title Date Please type or print the following: I Mayor or equivalent City Forestry Contact Name: Name: I Title: _ Title: a Address: Address: City, state, zip: City, State, Zip: a Phone Phone g NOTE: Ifyourcommunityforer,:ry work involves some new ideas or special projects pleasesend photos, news stories, brochures, or other documentation forpossible inclusion in National Arbor Day Foundation publications. (Such additional material is not necessary for your community to be designated as a Tree City USA.) Certification (To Be Completed by the State Forester) B a ~ (Community) The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be recognized and designated as a TREE CITY USA, for the calendar year, having in my opinion met the four a standards of achievement in urban forestry. 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GMEMS k.: err a Xd ^t • . r 11'1 ! t' 7_ , • o ~ rM sue' 6 IKi , 11'4 • •j-t -t~ -•~,r,_.YrIC.' 't 4.. cam ~i~re}; tl •~.,~••0 'a .s a ~.}i~~~•ibto 4An t •1 I-Uri 141. A Jt i* ,d'!•'J'.!!?•~ ®~.l>y.: _ •r•~X+.„ri?"` J 'I JY ,T»~' .r' a•' L i r, ~r dA."t~' ("ycp ~ 4 ^"'i ~ `a,,£'• ~,ap'( * X . ^,,y.-, Y. yr® " OW, at IS IN, ` . r r •n3;`'_ I. ,•.•JJ4J I t pf, ~ar:.,s' ii Ll. 1w R r dot, oaw~lw w 0 - _ •,°A IWO S~o UX)O - l~ PI_ W. aID 34 doto%O I r t re i`~ t i/► ~ } - - ~ `'rc~''t.~`5~'~~1~`' t -r~•r.,, ,r ix~ R a+ s ~ ~ 1 - ~ 1 0 ' t w.:-.~ { , ~..y,■ i'O `t~J' r`3y f~' ",t ♦ ' :t _ ~ Y ~ 1 j + . S',. ~ . 1,'4~b~ u`•tr ' ~i.'}a " y,: y' 1 r ' D ;Y 't 7fY' ~7l,'~ ID, rY~ t 1 1 • 'r ~ ~ , - "~.'k ' S irfn,y._~'t3ly~~{ ~l}d~~!a''. i`¢ f y ~J ZU 5n4 4{ :40 It i;; PIF - ~ t • r ' ~ , T s a `c +•Y y',Y.~;... ~q +;1~ ,i, •,Sryt-• ~ t,~,~'- ~ - y , 7' Y _ y) i~S~•~°. • t t ' ` - _ '_t t •,~+G:,S;•.`_~~-1' • J• r .i 1 ~ t, ♦ ~ i"`+1' y fi ts'. f t...Y ,,,'r~.h~ ~!F 4 k+7_ 40 4 A. UIW,00 •T• f. 1. ..mss ~~lE. w•. i `4n w s. l.t'; -f 4 - ~ ~ r'S t t t 1. t .xw. ~ ..f'•,' 1 ~ i i r t t t t i 11 _4 -now t rS+ro., t d - a .-"7 Ai.•`y~ s v 1 { t~iz, , 't t' r 411,2 tri. tZ., i7 ~ - tS f~ 1~.- t 'Y • Onsand O~ Dd o I ~ t1s ~j Y i AGENDA ITEM # FOR AGENDA OF November 21, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Merestone Area Wetlands Enhancement Project 11pdate PREPARED BY:_ G. Berrys-A' DEPT HEAD OK Of QA`~CITY MGR OK ISSUE BEFORE THE COUNCIL Merestone Area Wetlands Enhancement Project Update STAFF RECOMMENDATION Informational briefing only. No Council action is requested. INFORMATION SUMMARY On July 18, 2000, staff reported to Council that the City's consultant had prepared two design options for a wetland enhancement project. The proposed project area is currently covered by a pond created by a beaver dam. A request for review of both of those options had been sent on June 28, 2000, to the regulatory agencies that would be issuing the required permits. The first option included ponds in the backwater areas that completely drain back to the stream as flows recede. This was accomplished by grading the ponds so that the bottom of the pond is no lower than the bottom of the stream. The second design alternative modified the first option by including grading that created ponds in the backwater areas deepened to three or four feet below the bottom of the stream so that ponds would remain during periods of low flow. The elevation at the top of the backwater area at its connection to the stream was equal to the elevation of the bottom of the stream so that the stream and pond remain connected to prevent fish from being trapped. This is the option preferred by the neighboring residents. On July 19, 2000, notice was received from the regulatory agencies that the required permits would be available for the first option but not for the second option preferred by the neighboring residents. The neighboring residents were informed of this decision of the regulatory agencies at a public meeting held at Mary Woodward School on September 20, 2000. The consensus reached at that meeting was that since the required permits for the preferred option were not available, the beaver dam and pond should be allowed to remain and that there should be no further efforts towards a wetland enhancement project. The current water level of the pond would be allowed to remain and the City would assist a neighborhood maintenance team that would monitor the level of the pond and remove debris. If this proves to be inadequate to maintain the water level, other measures could be considered. For instance, the height of the pond could be maintained by one of several types of pond levelers. These devices include a submerged pipe that regulates pond height by extending through the beaver dam. The upstream end of the pipe is located a sufficient distance upstream of the dam so that the beavers will not block the flow of water into the pipe. Maintaining the current water level results in the pond covering the southern ends of seven lots along Merestone Court. Consequently, permission to continue maintaining the water level from these seven owners is required. A request for this permission was left at each of the seven owners' houses on October 25, 2000, and is attached. The owners were asked in writing to review the proposed agreement that would allow the current water level to remain and respond by informing the City as to whether they would agree to sign the agreement. For the agreement to be effective, each of the seven owners must agree to it. Each owner could respond by returning a provided post card, telephoning, mailing or e-mailing. To assist us in this effort, one of the owners agreed to meet with the other owners and encourage them to respond. To date, three responses have been received: two owners are agreeable and another owner, a bank, is selling the house following foreclosure. Since an affirmative response from each of the seven owners have not been received, initiation of the activities required to maintain the water level is not recommended at this time. However, staff will continue to encourage the owners to respond. Maintenance of the beaver dam will be limited to debris removal until permission is received from all seven owners. Once the permission is received, the removal of debris by the residents will be initiated. If the water level rises above the acceptable level, other measures could be considered. OTHER ALTERNATIVES CONSIDERED Not applicable. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. FISCAL NOTES Any required maintenance will be included in the drainage maintenance program. I~ I I:1CItyvAdeVu ""x creek Pond report-rpYtt'OO.tloe October 25, 2000 ((Owner)) ((Address)) ((City) ((State)) ((Zip)) RE: Summer Creek Pond Wetland - File No. 278 Enclosed is a proposed request for permission to maintain the water level behind your house at the present level. You and each of your six neighbors along Merestone Court are requested to review this request and inform me if you would choose to agree to it. As explained in the request, the purpose of this is to permit the City and the neighbors, in partneZship, to manage the water level of Merestone Pond while allowing the beaver dam to remain. If you and your neighbors inform me that you are agreeable to providing this permission, City Council will be asked to approve this proposal during its 6:30 PM November 21, 2000 meeting at City Hall. You are encouraged to attend this meeting. If approved by Council, you will be asked to provide the requested permission by signing the enclosed request. A reply by November 6t' would be appreciated. You may use the enclosed post card, call 503-639-4171 extension 373, or e-mail me at (greg@ci.tigard.or.us). If you have questions or require additional information, please call. Sincerely, Greg Berry Utilities Engineer LWQV8p Ua~ wA* p"+6`aCWW 25 W" 10 mW WWW awn A*C LEGIBILITY STRIP i \1 .E .„e♦eniC nE ~e u~.~~r S.S•EU' AREA NOTIFIED Merestone Ct I,Y ILL `'n"`"""`°n "'"1 MERESTONE CT oogwmmuco In a vNmj.,, at j YB iu[stORM -ttR~ STS con im LR \RRTOR Ong sc 00 15C 20, r• t)J !ee! I I 1' I 111011101 - I I I ~ City of Tigard 1j I i ~ n~o.ma!~on on :n,5 mao i5 lo. nereo: mcmc~ cny :na F.o.l~ Ge ,OrSSC ,p:n i^a De.aoynent Sera Ke1 C~.UN' October 30, 2000 Dear Owner: Subject: Pond of Summer Creek at SW 121$' Avenue On September 20, 2000, the City held a neighborhood meeting to consider a proposed plan for the pond. The owners surrounding the pond were mailed an invitation to the meeting; about twe -fo r attended. The plan featured with a meandering shaded stream to convey low su ows. Higher flows would be diverted into backwater areas to support the growth of na i v e a' . The water in the backwater areas would return to the stream as flows r i not ome trapped in the backwater area. The plan did not pr t o use we learned from the regulatory agencies that approval of the req ' V 4 pect . The consensus of t V at ' of eeding with the proposed plan, the beaver dam should allowe re a'n. aintain the water level of the pond at an acceptable elevation with the f i r aQd ou at would monitor the level of the pond and remove debris. The Ovate u ti o o~ lot and that of your neighbor's as shown on the attached map. sequ n e i et City permission to flood your land by signing below. This permission would be subject to the following terms: • The City intends to maintain the water level as shown on the attached map. If debris accumulation or other conditions cause the water level to increase, the City will restore the water level to the agreed upon level within a reasonable time. • The City is not obligated to repair or replace the beaver dam. The City may remove the beaver dam without notice. "Am • This agreement requires the continuing and concurrent agreement of the owners of the lots shown on the attached. Any owner may rescind this notice by providing the thirty days of written notice to the City. ACCEPTED: c Signature (Owner one) Signature (Owner two) Print Name Print Name Property Address Mailing Address Agreement for Pond of Summer Creek Page 1 of 1 TaxlD a er Address City State Zip IS134000 CREEK DONALD W & 12190 SW TIGARD OR 97223 0800 TINA M MERESTONE CT IS134000 NEWTH LARRY G 12180 SW TIGARD OR 97223- 0900 AND MERESTONE COURT 1S134000 WIESMAN CHARLES 12160 SW TIGARD OR 97223 1100 R & BERYL JEAN MERESTONE CT IS134CCO LAWRENCE DAVID 12150 SW TIGARD OR 97223 1200 WAYNE MERESTONE CT IS134000 GALLAHER EDWARD 12140 SW TIGARD OR 97223 1300 J & JANET L MERESTONE CT 1S134CC0 GOOLEY DAVID J & 4625 SW PORTLAND OR 97221 1400 TERESA L 42ND PLACE IS134000 LLANOS ANITA L & 12170 SW TIGARD OR 97223 1000 MERESTONE CT PROPERTY C/O RESIDENT 12130 SW TIGARD OR 97223 OWNERS MERESTONE CT. mcm tus P sY 4w ect Mereston went Pr03 TrA as Enhance November 2~ , 2p04 ®a merestone Pon fj a S* r "IVA fJ s'.. join low y! e gin main Q 1 Background ~j:J Two options prepared by consultant 4 I -U ~®m - Option 1- Ponds with positive drainage IMM - Option 2 - Deepened ponds without so positive drainage • Regulatory agencies indicated that only ME Option 1 would be approvabie • Neighborhood meeting ON - Mary Woodward Elementary on No September 20, 2000 on - Option 1 was discussed with the residents ON 3 ^ LL' . Neighborhood Meeting Results U0EJ Residents did not want Option 1 Consensus is the following: ~N - Seaver dam and pond should be allowed to remain - Current water level would be maintained no -A neighborhood maintenance team would so monitor the level and remove debris to No keep it at that level no - Other measures could be considered to No keep the level stable 4 2 Pond Leveling Strategy Beaver Darn aiC oveow aroow+m uc w arr a.. PVC aw :ur.& die ® P" MOW b menage refer Imb 2 m Aber Igo IS 4m ---~r n® P ppyetiY ® ' W® T-ph fKad with a dr* phq ms/ mq*A Am wMr Ibr Diagram 12 • Clemson Beaver Pond Leveler NO in dam situation 0 A am 1A ON ME am One Potential Installation 5 Current Status _.r VA 0 9 Regulatory agencies do not object to 31M® beaver dams remaining in place ME o City needs written permission from 7 i no property owners to flood their properties - All 7 owners have been sent letters ° transmitting a sample agreement for i review ON - So far, 5 have indicated they would sign a the agreements No - We are continuing to foilowup with the ON remaining 2 owners 6 INN 3 Now moompowookim •t q V t ~ I~c• a ~ 511 i VV tir ~ w ~ +Y - w1 O ` 'emu f `-T^ 51551 J ~ W r r-4 C- s ;~~sl'~Itr+G9 Y TrTT~T r*rT 1 . r r .4-4 .O r OSSONO~~®0 lam u • ~i:a ciHt Current Pond Conditions A H U a mo® M No BE 0® n4ti Recommendations Flom UR D 63 • Obtain written permission from 7 property MME owners to flood their properties • Establish maximum allowable water level Develop procedures with neighborhood on maintenance team for keeping debris level stable and water level below maximum on allowable ®E • Monitor water level over the next 6 months ®M • If the process established proves inadequate, ME develop and implement an alternative means of stabilizing the water level in the pond 12 • 6 II w, UM 3~0 MERIN Uffin INN No Status Update ON Merestone Area Wetlands Enhancement Project No a® November 21, 2000 06 on 13 7 AGENDA ITEM # FOR AGENDA OF November 21, 2000 CITY OF TIGARD, OREGON COUNCIL AGENDA ITc' SUMMARY ISSUE/AGENDA TITLE Transportation System Plan U date PREPARED BY:_ Jim HendM DEPT HEAD OK MGR OK ldv"LA- ISSUE BEFORE THE C jCIL Staff will provide an update on the schedule for the Transportation System Plan to Council at the November 215` meeting. STAFF RECOMMENDATION No action is necessary. INFORMATION SUMMARY The Transportation System Plan (TSP) Task Force has been working over the past 18 months on the draft TSP plan. We need to have additional citizen involvement and the original schedule was too compact, not allowing enough time to inform citizens and receive input. We have therefore revised the schedule to reflect the extra time needed for citizen involvement. The TSP Task Force will hold a public meeting on Monday, December 7`h, to receive comments and suggestions from the public on the draft TSP plan. A public hearing will be held Monday, December 18`h, before the Planning Commission. The TSP workshop with Council originally scheduled for November 215`, will be rescheduled for after the first of the new year. The public hearing before City Council will be scheduled for a date following the Council workshop. OTHER ALTERNATIVES CONSIDERED N/A ~I VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Transportation & Traffic Goal #1) Improve traffic safety and Goal #2) Improve traffic flow. FISCAL NOTES N/A