City Council Packet - 11/28/2000
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CITY OF TIGARD
OREGON
TIGARD CITY COUNCIL
MEETING
NOVEMBER 28, 2000
COUNCIL MEETING WILL BE TELEVISED
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13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
rfh[GARD Cgr!'~f'COUNCIL 7,.
BUSINESS?MEETING
A. `W EMBR 28; 2000 6:30 PM CITY OF TIGARD
r IGARD',6 Tll HALL
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TIGAKD, +CJREGON 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s).
If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda
item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set
for a future Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated; it is recommended that persons interested in testifying be present
by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard
in any order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please
call 503-639-4171, Ext. 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 28, 2000. PAGE 1
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
NOVEMBER 28, 2000
6:30 PM
• STUDY SESSION
> EXECUTIVE SESSION: The Tigard City Council will go into Executive Session
under the provisions of ORS 192.660 (1) (d), (e), (f) 8z (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
confider"al; 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.
> Discussion of Tigard Festival of Balloons
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council 8z Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications
1.5 Call to Council and Staff for Non-Agenda Items
Announcement: The City of Tigard received the League of Oregon Cities
and City/County Insurance Services Silver Medal Safety Award. (Injury
frequency rate of 2.01 in FY 99-00 with 254 full time employees.
7:35 PM
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
7:40 PM
3. CONSENT AGENDA: These items are considered to be routine and may be enacted
in one motion without separate discussion. Anyone may request that an item be
removed by motion for discussion and separate action. Motion to:
3.1 Approve City Council Meeting Minutes: November 14, 2000
3.2 Approve Budget Amendment #4 to the Fiscal Year 2000-2001 Budget to
Accept a Department of Land Conservation and Development ;rant and to
Increase Appropriations to Allow Expenditure of Grant Funds - Resolution
i No. - tpLJ_
COUNCIL AGENDA- NOVEMBER 28, 2000 - PAGE 2
W1
3.3 Approve Budget Amendment #5 to the Fiscal Year 2000-2001 Budget to
Accept Two Federal Grants from the Department of Justice and to Increase
Appropriations to Allow Expenditure of Grant Funds - Resolution
No.~
3.4 Local Contract Review Board
a. Award the Janitorial Services Contract to Service Master of Tigard and
Authorize the Property Manager or Contract Administrator to Sign the
Contract
Consent Agenda - Items Removed for Separate Discussion: Any items requested
to be removed from the Consent Agenda for separate discussion will be considered
immediately after the Council has voted on those items which do not need
discussion.
7;45 PM
4. PUBLIC HEARING (QUASI-] UDICIAL) - VACATION OF APPROXIMATELY
4,611 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY KNOWN AS SW
NAEVE STREET NEAR THE INTERSECTION OF SW ROYALTY PARKWAY
(VAC2000-00001)
Southwest Naeve Street was realigned to the north, leaving behind excess right-of-
way. The applicant wishes to have this right-of-way vacated in order to better utilize
an odd shaped piece of property and put to use property (the right-of-way) no
longer required for street right-of-way. The applicant has plans of developing the
property in the future. The request was filed with the City on August 29, 2000
and initiated by the City Council at the request of the applicant on September 26,
2000. Any interested person may appear and be heard for or against the proposed
vacation of said Naeve Street Public Right-of-Way Vacation. Any written objections
or remonstrance's shall be filed with the City Recorder by 7:30 PM on
November 28, 2000.
a. Open Public Hearing
b. Declarations or Challenges
C. Staff Report: Community Development Department
d. Public Testimony: Proponents, Opponents, Rebuttal
e. Staff Recommendation
f. Council Discussion, Questions, Comments
g. Close Public Hearing
h. Council Consideration: Ordinance No. 00 -
COUNCIL AGENDA - NOVEMBER 28, 2000 - PAGE 3
7:50 PM
S. PUBLIC HEARING - CONSIDERING A RESOLUTION AMENDING THE CITY
OF TIGARD WATER SERVICE AREA SYSTEM DEVELOPMENT CHARGE AND
THE METHODOLOGY USED TO ESTABLISH THE CHARGES
a. Open Public Hearing
b. Staff Report: Public Works Staff
C. Public Testimony: Proponents, Opponents
d. Staff Recommendation
e. Council Discussion, Questions, Comments
f. Close Public Hearing
00-
9. Council Consideration: Resolution No. -
8:10 PM
6. REPORT ON CANTERBURY WATER SITE PARK:NG OPTIONS
a. Staff Report: Public Works Department
8:30 PM
7. RESPONSE TO MEASURE 7 - CONSIDER ORDINANCE
a. Staff Report: Community Development Department and City Attorney's
Office
b. Council Discussion
C. Council Consideration: Ordinance No. 00-M
9:00 PM O-K- OD - kZ
8. COUNCIL LIAISON REPORTS
9:10 PM
9. NON AGENDA ITEMS
9:20 PM
10. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under
the provisions of ORS 192.660 (1) (d), (e), (f) 81 (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.
9:30 PM
11. ADJOURNMENT
I: ADM\CATHY\CCA\001128.DOC
COUNCIL AGENDA - NOVEMBER 28, 2000 - PAGE 4
Agenda Item No. 3.1
Meeting of /Q , la OD
TIGARD CITY COUNCIL
MEETING MINUTES - NOVEMBER 28, 2000
STUDY SESSION
> Discussion of Tigard Festival of Balloons
Mr. Bruce Ellis, organizer of the Festival of Balloons, met with the City
Council and discussed issues and successes of last year's event and the planning
to date for next year. There were no major problems last )une and it appears
that the "footprint" of the event has been established with regard to the
activities planned. It was estimated that about 100,000 people attended last
June during the three-day festival. Mr. Ellis noted that he tries to allow
participation from as many non-profit groups as possible. Groups involved last
year included Shriners Hospital, Tigard High School Boosters, Breakfast Rotary,
Atfalati, Lions Club, Boy Scouts, and the Tigard Chamber of Commerce.
In response to a question about political signs and activity on the field during
the event, Mr. Ellis explained that he had given space to the Tigard Chamber
of Commerce. The Chamber sold space to different businesses and candidates.
Mr. Ellis advised he would see that the spaces are limited to businesses rather
than political interests.
There was discussion on the limitations to the event size now and in the future.
Mr. Ellis described how he limited the number of balloon pilots who participate
in the event and the number of balloons that are allowed to fly each day. He
acknowledged there are constraints because of the park location and also, with
development, diminishing numbers of locations for balloons to land. He said
he understands with improvements to Cook Park, parking area will decrease.
Alternative parking places as well as a shuttle service in the future are potential
options. Mayor Griffith suggested that Tri Met might be willing to assist.
Mr. Ellis advised that if damage occurs as a result of the event, the Balloon
Festival organization would repair any harm done. He noted the Balloon
Festival does not use some of the ballfields because of concerns with possible
damage.
In response to a question from Mayor Griffith, Mr. Ellis said the Balloon
Festival is not an official function of the Rose Festival. The event is a
sanctioned event, which means that it is included in some of the Rose Festival
publicity.
COUNCIL MEETING MINUTES - NOVEMBER 28, 2000 - PAGE 1
Mr. Ellis reported that the Balloon Festival carries more insurance than what
the City of Tigard requires. He files proof of insurance each year with the City
of Tigard. The Beer and Wine Garden is insured by the Tigard Area Chamber
of Commerce; proof of insurance must be evident before the Oregon Liquor
Control Commission will issue a permit.
Councilor Patton noted the only additional information she would like to see
included with the financial report from the Festival, would be more specificity
with regard to media and civic sponsors. Mr. Ellis said he would be glad to
supply this information to the Council.
Mr. Ellis said there are two years remaining with Northwest News Channel 8.
Contracts with radio sponsors are drawn up on a yearly basis.
City Manager Monahan advised Mr. Ellis that the Council is reviewing the
possibility of entering into sponsorship agreements with certain community
events. When the agreement format is ready for Council review, a copy will
be sent to Mr. Ellis.
> Administrative Issues/Agenda Review
O City Manager Monahan reminded Council of the Holiday Tree Lighting,
Friday, December 1, 6 p.m. at the Tigard City Hall.
• City Manager Monahan received direction from City Council that it was
acceptable to schedule a meeting with the Tigard Tualatin School District
on either March 20 or April 17, 2001.
• City Manager Monahan noted a November 27, 2000, memorandum from
City Engineer Duenas was distributed to the Council regarding truck traffic
on Varns and Cherry. The developer of an office building at the corner of
SW 72"d Avenue and Cherry Street was asked that the construction traffic
access this project from 72"d and Cherry exclusively. (The aforementioned
memorandum is on file with the Council packet information.)
9 City Manager Monahan advised that the City Attorney's office would be
conducting training on meeting process, ordinances, and resolutions on
December 13 or the first part of January.
a ® City Council agreed to schedule Senator Ryan Deckert to speak with them
at the December 12, 2000, meeting at 7:30 p.m.
o City Council agreed to schedule a goal-setting meeting from 1-5 p.m. on
3 January 16. City Manager Monahan reviewed available meeting rooms.
Staff will check on a meeting room at the Main Street Apartments as well.
COUNCIL MEETING MINUTES - NOVEMBER 28, 2000 - PAGE 2
• City Manager Monahan advised that Agenda Item No. 6, pertaining to
parking at the Canterbury Water site, has been removed from the agenda.
• City Manager Monahan noted additlonal information for Item No. 7
regarding Ballot Measure 7 was distributed to the Council. This
information included a proposed resolution setting a fee for processing an
application as provided in the proposed ordinance to be considered by the
Council during the business meeting.
Discussion followed. In response to a concern from Councilor Patton about
the $1,000 filing fee, staff advised this fee was refundable if a
determination is made that compensation should be paid or that the
regulation should be waived or suspended.
City Attorney Ramis noted that the proposed ordinance was written as a
"preventive" law so that issues need not be litigated. An Attorney General
opinion is expected soon to give further direction to affected jurisdictions.
Study Meeting Recessed at 7:29 p.m.
1. BUSINESS MEETING
1.1 Call to Order - Mayor Griffith called the Tigard City Council and the Local
Contract Review Board to order at 7:35 p.m.
1.2 Present: Mayor Griffith; Councilors Hunt, Moore, Patton, and Scheckla
1.3 Pledge of Allegiance
1.4 Council Communications
• Councilor Scheckla advised that a meeting would be held November 29,
2000, 5:30 p.m., at Carrows Restaurant, 10900 SW 691 Avenue, to
discuss a community center for young people.
1.5 Call to Council and Staff for Non-Agenda Items
• City Manager Monahan advised that Item No. 6, Canterbury Site Parking
Options, was removed from the agenda.
• Mayor Griffith announced that the Holiday Tree Lighting would be held at
City Hall on Friday, December 1, 2000, at 6 p.m.
• Mayor Griffith announced that the City of Tigard received the League of
Oregon Cities and City/County Insurance Services Silver Medal Safety
Award. (Injury frequency rate of 2.01 in FY 99-00 with 254 full time
employees.) He thanked all the employees for their efforts, which resulted
in the City receiving this award.
P►/11 1411-I RACEY1Air_ eel(~~I ITP4 _ Nn~iFA►M R 28. 2000 - PAGE 3
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2. VISITOR'S AGENDA
• Ray Pirki, 7745 SW Varns Street, Tigard, Oregon, advised he was present with
regard to truck traffic resulting from construction at the 72"1 Avenue Office
Building. (Note: See discussion on this topic during the Council Study Session).
Mr. Pirki was complimentary of Council and staff for their response to this issue.
Councilor Hunt thanked Mr. Pirki for his willingness to compromise.
Discussion followed with regard to construction activity and trucks using City
streets. City Manager Monahan, in response to a question from Councilor
Scheckla, advised that contractors must have access. With regard to a concern
from Mr. Pirki about trucks parking and blocking visibility and access on Cherry
Street, Development Review Engineer Rager said flaggers should be present in this
circumstance. He asked that the neighbors contact the City if construction activity
restricts traffic so staff can require the contractors to provide flaggers when
needed. There was additional discussion about construction activity and possible
review of the Municipal Code for load limits on City streets.
• Joanne Bieker signed on the Visitor's Agenda testimony sheet. Ms. Bieker said her
comments related to the issues cited by Mr. Pirki and she had nothing more to
add.
• Greg Weber, 7425 SW Barnes, Tigard, Oregon, noted his concerns that the
problem experienced with trucks and construction people would be the same
problems faced by the neighborhood when the building opens. Development
Review Engineer Rager confirmed that traffic calming dollars were set aside
($15,000) for this project. After the building opens, staff will review what
calming measures may be needed (e.g., speed humps). Mayor Griffith suggested
to Mr. Weber that the neighbors keep in touch with staff.
• Dr. Gene Davis advised that he owns property on 9700 SW Oak Street. About
two years ago either the City or Unified Sewerage Agency did work near the
Metzger School which resulted in a pipe that drains water onto Dr. Davis'
property. Dr. Davis noted he was concerned that this could create a wetland. He
said that the stormwater should be delivered to Ash Creek and not dumped on his
property. City Manager Monahan advised Dr. Davis he would check this out and
call Dr. Davis tomorrow.
_ perm a
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3. CONSENT AGENDA: Motion by Councilor Moore, seconded by Councilor Patton,
to adopt the Consent Agenda as follows:
3.1 Approve City Council Meeting Minutes: November 14, 2000
3.2 Approve Budget Amendment #4 to the Fiscal Year 2000-2001 Budget to
Accept a Department of Land Conservation and Development Grant and to
Increase Appropriations to Allow Expenditure of Grant Funds - Resolution
No. 00-64
3.3 Approve Budget Amendment #5 to the Fiscal Year 2000-2001 Budget to
Accept Two Federal Grants from the Department of Justice and to Increase
Appropriations to Allow Expenditure of Grant Funds - Resolution
No. 00-65
3.4 Local Contract Review Board
a. Award the Janitorial Services Contract to Service Master of Tigard and
Authorize the Property Manager or Contract Administrator to Sign the
Contract
The motion was approved by a unanimous vote of Council present:
Mayor Griffith Yes
Councilor Hunt Yes
Councilor Moore Yes
Councilor Patton Yes
Councilor Scheckla Yes
4. PUBLIC HEARING (QUASI-) UDICIAL) - VACATION OF APPROXIMATELY
4,611 SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY KNOWN AS SW
NAEVE STREET NEAR THE INTERSECTION OF SW ROYALTY PARKWAY
(VAC2000-00001)
Southwest Naeve Street was realigned to the north, leaving behind excess right-of-
way. The applicant wishes to have this right-of-way vacated in order to better utilize
an odd shaped piece of property and put to use property (the right-of-way) no
longer required for street right-of-way. The applicant has plans of developing the
' property in the future. The request was filed with the City on August 29, 2000
and initiated by the City Council at the request of the applicant on September 26,
2000. Any interested person may appear and be heard for or against the proposed
vacation of said Naeve Street Public Right-of-Way Vacation. Any written objections
or remonstrances were to have been filed with the City Recorder by 7:30 p.m. on
November 28, 2000.
o.PCTI\!t! nelnll ITGC - MnVEMRER 28; 2000 - PAGE 5
-
IrVUINl.i1Re Idl~~ ~ nvv nenav ,
a. Mayor Griffith opened the public hearing.
b. In response to a request from Mayor Griffith regarding declarations or
challenges, Councilor Moore and Scheckla advised that they drive by the
property on a regular basis and Councilor Hunt said he has walked by the
property.
C. Community Development Director Hendryx presented the staff report, which
is on file with the Council packet material. He referred to a letter from Ms.
Donna Ford and the response from staff. (This letter and the staff response are
on file with the Council packet material.)
d. There was no public testimony.
e. Community Development Director advised that the staff recommr;ided that
the City Council approve the street vacation request.
f. Mayor Griffith closed the public hearing.
g. Council Consideration: Motion by Councilor Moore, seconded by Councilor
Patton, to adopt Ordinance No. 00-32.
The City Recorder read the following:
ORDINANCE NO. 00-32 - AN ORDINANCE CONCERNING THE
VACATION OF APPROXIMATELY 4,611 SQUARE FEET OF PUBLIC
RIGHT OF WAY ON SW NAEVE STREET, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON (VAC2000-00001).
The motion was approved by a unanimous vote of Council present:
Mayor Griffith Yes
Councilor Hunt Yes
Councilor Moore Yes
Councilor Patton Yes
Councilor Scheckla Yes
5. PUBLIC HEARING - CONSIDERING A RESOLUTION AMENDING THE CITY
OF TIGARD WATER SERVICE AREA SYSTEM DEVELOPMENT CHARGE (SDC)
AND THE METHODOLOGY USED TO ESTABLISH THE CHARGES
a. Mayor Griffith opened the public hearing.
b. Operations P'anager Mike Miller of the Public Works Department presented
the staff report. He highlighted key issues in a PowerPoint presentation. (Both
the staff report and presentation are on file with the City Recorder.)
Operatloi; Manager Miller advised that he met with the Home Builders
Association and their concerns have been satisfied.
COUNCIL "EMI ,xce - AIf1\irmaco oR )nnn . P®CF B
MCC ~ I nww ~ w
In response to a question from Mayor Griffith, Operations Manager Miller
confirmed that new construction project developers pay both an SDC and a
connection charge. Operations Manager Miller explained the use of SDC's with
regard to reimbursement for capital expenditures and costs associated with
current and future water supply. During his presentation, Operations Manager
Miller referred to $40 million needed for the future water supply system and
Councilor Hunt clarified that the proposed SDC ordinance would not finance
all of this amount. Operations Manager Miller said that rate payers would also
contribute.
C. There was no public testimony.
d. Staff recommended approval of the proposed resolution.
e. Mayor Griffith closed the public hearing.
f. Council Consideration: Motion by Councilor Patton, seconded by Councilor
Hunt, to adopt Resolution No. 00-66.
RESOLUTION NO. 00-66 - A RESOLUTION AMENDING THE CITY OF
TIGARD WATER SERVICE AREA SYSTEM DEVELOPMENT CHARGE
AND THE METHODOLOGY USED TO ESTABLISH THE CHARGES
The motion was approved by a unanimous vote of Council present:
Mayor Griffith Yes
Councilor Hunt Yes
Councilor Moore Yes
Councilor Patton Yes
Councilor Scheckla Yes
6. REPORT ON CANTERBURY WATER SITE PARKING OPTIONS
a. This item was removed from the agenda.
7. RESPONSE TO MEASURE 7
a. Community Development Director Hendryx presented a PowerPoint
presentation on this agenda item. Measure 7 was passed at the November
2000 election and provides that governments have to reimburse property
j owners if a governmental regulation "restricts the use of private real property,
and the restriction has the effect of reducing the value of a property on which
the restriction is irnposed."
I
COUNCIL MEETING MINUTES - NOVEMBER 28, 2000 - PAGE 7
The requirements of the measure are uncertain at this point. However, the
City Attorney Ramis recommends that the City postpone adoption of new land
use regulations or amendments to existing regulations, develop a process to
deal with Measure 7 claims, and adopt the proposed ordinance and resolution.
City Attorney Ramis advised the proposed ordinance and resolution will likely
need to be amended in the future since clarification is still being developed
with regard to Ballot Measure 7, including an Attorney General's opinion that
is expected to be issued on or before December 7, 2000. City Attorney
Ramis said the ordinance was drafted to do two things: 1) protect the City
and 2) to give the public a process to follow.
Councilor Patton also noted that the ordinance provides for consistent
treatment of applicants and referred to the application fee to be imposed that
would recover the administrative costs of processing an application.
City Attorney Ramis said that the ordinance deals with "use" of property as
narrowly defined. He added that the proposed definition is being used widely
across the region.
Community Development Director Hendryx clarified that the application form
asks for specific information so staff can evaluate the claim. An applicant must
have a complete application before the 90-day processing time i-mit starts.
b. Council Consideration: Motion by Councilor Scheckla, seconded by Councilor
Hunt to adopt Ordinance No. 00-33.
The City Recorder read the following:
ORDINANCE NO. 00-33 - AN ORDINANCE PROVIDING A PROCESS
FOR MAKING CLAIMS UNDER ARTICLE I, SECTION 18 OF THE
OREGON CONSTITUTION, ADDING A NEW CHAPTER 1.20 TO THE
TIGARD MUNICIPAL CODE AND DECLARING AN EMERGENCY.
The motion was approved by a unanimous vote of Council present:
Mayor Griffith Yes
Councilor Hunt Yes
Councilor Moore Yes
Councilor Patton Yes
Councilor Scheckla Yes
COUNCIL MEETING MINUTES - NOVEMBER 28, 2000 - PAGE 8
Council discussed the proposed resolution. In response to a request from
Councilor Moore, Community Development Director Hendryx clarified that
the fee was estimated (not "arbitrary"). Mayor Griffith noted that if a claim
were granted, then the application fee would be returned.
Motion by Councilor Moore, seconded by Councilor Hunt, to adopt
Resolution No. 00-67.
RESOLUTION NO. 00-67 - A RESOLUTION OF THE TIGARD CITY
COUNCIL SETTING AN APPLICATION FEE FOR CLAIMS BROUGHT
UNDER TIGARD MUNICIPAL CODE CHAPTER 1.20.
The motion was approved by a unanimous vote of Council present:
Mayor Griffith Yes
Councilor Hunt Yes
Councilor Moore Yes
Councilor Patton Yes
Councilor Scheckla Yes
City Attorney Ramis said the Attorney General's Opinion might be available
by December - "no guarantees."
Councilor Patton thanked staff for their efforts in addressing Measure 7 in such
a short period of time. Community Development Director Hendryx
acknowledged the hard work by the City Attorney's office.
8. COUNCIL LIAISON REPORTS: None.
9. NON AGENDA ITEMS: None.
10. EXECUTIVE SESSION: Canceled.
11. ADJOURNMENT: 8:37 p.m.
Attest: at erme eat ey, ity e r er
AAJ
7yor, f rd
Date:
I: ADM\CATHM M\001128.DOC
COUNCIL MEETING MINUTES - NOVEMBER 28, 2000 - PAGE 9
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9771
BEAVERTON. OREGON 97075
Legal Notice Advertising
• City of Tigard • O Tearsheet Notice
3.3125 SLl Ball Blvd
• Tigard,Oregon 97223 • O Duplicate Affidavit
Accounts Payable
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss"
Kathy Snyder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the Tigard-Tualatin Times
a newspaper of general circul tion as defined in ORS 193.01()
and 193.020; published at Tigard in the
aforesaid county and state; that the Public lIearing/
City Glamor System Development harges
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
OFFICIAL SEAL
November 9 , 2000 SUZETTE I. CURRAN
~S NOTARY PLIBLIC•OREGON
till COMMISSION N0. 329400
SP, MY COMMISSION EXPIRES NOV. 28. 2003
Subscribed and sworn to befof8 me this 9th rl a y o f PSny_enbe r , 2 0 0 0
Notary Public for Oregon
My Commission Expires:
AFFIDAVIT
NOTICE OF PUBLIC HEARING
On November 28, 2000, at 7:30 P.M. in the Town Hall room of city hall,
the Tigard City Council will conduct a public hearing to consider changes
to the City's water system development charges (SDCs) and to the
methodology pertaining to the calculation of these SDCs. Both public oral
and written testimony is -invited. i
Under the proposed schedule, the charge for the 410 service zone would
increase from $986 per equivalent dwelling unit (EDU) to $2,041 and the
charge for the Bull Mountain system would increase from $1,507 per
EDU to $2,763. The charges for water SDCs have not been increased
since 1996.
Please contact Mike Miller at 503-639-4171 x395 if you have any ques-
tions or would like additional details about the City SDC study or the fee
adoption process. A copy of the City's water SDC study is available upon
request.
W9771 - Publish November 9, 2000.
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 NOtlce TT 9770
BEAVERTON, OREGON 97075
Legal Notice Advertising
-City of Tigard • ❑ Tearsheet Notice
13125 S11 Hall Blvd.
• Ti ga rd , Or• egon 9 7 2 2 3 • ❑ Duplicate Affidavit
Accounts Payable
• •
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, )ss'
I, Kath3~Snider
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the Tina rrl -Tu a I at- i n Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at P ig a rci in the
aforesaid county and state; that the
Public- H ar ng/VAC'2000-00001
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for TUIO successive and
consecutive in the following issues:
November 9,16,2000
l
~ i
Subscribed and sworn to re me this rembe r , 2 0 0 0
OFFICIAL SEAL
F pi 013 A. Bi1Ra£SS
i 1
I Nota~ ubIIC for Oregon NOTARY PUBLIGOREGON
i COMMISSION 1'40. 062071
i My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001
AFFIDAVIT
I
PUBLIC HEARING ITEM:
. VACATION [VAC] 2000.00901
> NAEVE STREET PUBLIC RIGHT-OF-WAY VACATION <
The Tigard City Council will hold a public hearing on Tuesday, Ndvem-
ber 28, 2000, at 7:30 PM at the Tigard City Hall, Town Hall Room,
13125 SW Hall Blvd., Tigard, Oregon 97223, to consider the proposed
vacation involving a portion of public right-of-way along SW Naeve
Street, near the intersection of SW Royalty Parkway. Southwest Naeve
Street was realigned to the north, leaving behind excess right-of-way. The
applicant wishes to have this right-of-way vacated in order to better utilize
an odd-shaped piece of property and put to use property (the right-of-way)
no longer required for street right-of-way. The applicant has plans of
developing the property in the future. The request was filed with the City
on August 29, 2000 and initiated by the City Council at the request of the
applicant on September 26, 2000. Any interested person may appear and
be heard for or against the proposed vacation of said Naeve Street Public
Right-of-Way Vacation. Any written objections or remonstrances shall be
filed with the City Recorder by 7:30 PM on November 28, 2000.
i- 1 r' uC~. fir, r
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TT9770 - Publish November 9, 16, 2000.
7
a
a
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9 7 5 9
BEAVERTON, OREGON 97075
Legal Notice Advertising
• City of Tigard • ❑ Tearsheet Notice
13125 S47 Hall Blvd.
• Tigard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit
Accounts Payable
• •
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
1, Katby Snyder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the T; Bard-T ual t; n Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state: that the
Public Hea ng/ZOA2000-00004
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for OLQE successive and
consecutive in the following issues:
November 9, 2000 Of"f-ICIALSEAL
SUZETTE I. CURRAN
NOTARY PUBLIC-OREGON
COMMISSION NO. 329400
MY COMMISSION EXPIRES NOV. 28.2003
;,ore Subscribed and sworn to bme is 9th _ day of Mmurember, 2 0 0 0
C _"(N_"
N
Notary Public for Oregon
My Commission Expires: '/D 3
AFFIDAVIT -
The following will be considered byy the Tigard City Council on
Tuesday, November 28, 2000, at 7:30 P.M., at the Tigard Civic Center -
Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. The Council will
receive a recommendation from the Planning Commission.
Public oral or written testimony is invited. The public hearings on this
matter will be conducted in accordance with Chapter 18.390 of the Tigard
Municipal Code and the rules of procedure adopted by the Council and i
available at City Hall or the rules of procedure set forth in Section
18.390.060E.
Further information may be obtained from the City of Tigard Planning
Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling
503-639-4171.
PUBLIC HEARING ITEM:
ZONE ORDINANCE AMENDMENT jZOA] 2000-00004
> DOWNTOWN PARKING CODE AMENDMENT <
The City of Tigard is requesting approval of a Zone Ordinance
Amendment to allow existing buildings directly abutting Main Street to be
exempt from having to add additional off-street parking for a change of
use. However, construction of new buildings and entertainment uses
abutting Main Street will be required to meet the off-street parking
standards according to Table 18.765.2 (Minimum and Maximum Required
Off-Street Vehicle and Bicycle Parking Requirements) in the Tigard
Community Development Code. LOCATION: All properties abutting
SW Main Street. ZONE: CBD: Central Business District. The CBD
zoning district is designed to provide a concentrated central business
district, centered on the City's historic downtown, including a mix of civic
retail and office uses. Single-family attached housing, at a maximum
density of 12 units/net acre, equivalent to the R-40 zoning district, are
permitted outright. A wide range of uses, including but not limited to adult
entertainment, utilities, facilities with drive-up windows, medical centers,
major event entertainment and gasoline stations, are permitted.
conditionally. APPLICABLE REVIEW CRITERIA: Statewide
Planning Goals 1, 2, 5 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, j
2.1.2, 2.1.3 and 5.3; and Community Development Code Chapters 18.380, i
18.390 and 18.765.
i
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TT9769 - Publish Nov. 9, 2000.
i
L
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9 7 6 8
BEAVERTON, OREGON 97075
Legal Notice Advertising
*City of Tigard • ❑ Tearsheet Notice
13125 SW Hall Blvd.
e Tigard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit
Accounts Payable
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss'
1, Kathv Snyder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the Ti Bard-TIia1 ai- iin Times i
a newspaper of general circula on as ~efined in ORS 193.010
and 193.020; published at- 'igar in the
aforesaid county and state; that the
Public H ari n ,/[`PA2O110-ODnni
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
November 9 , 2 0 0 0 ` SUZEOFFICIAL jEG0
L CURRAN
NOTARY N
COMMI9A00
MY COMMIS
SION E28. 2003
axp,
Subscribed and sworn to before me this9tLh*cl~i;V of Tto~.*^ber, 2000
Notary Public for Oregon
My Commission Expires: AFFIDAVIT ~U
The following will be considered by the Tigard City Council on Tues-
day, November 2S, 2000 at ?b30 P.M., at the Tigard Civic Center -
Town Hall, 13125 SW Hall Blvd, Tigard, Oregon 97223. The Council
will receive a recommendation from the Planning Commission. Public
oral and written testimony is invited. The public hearing on this matter
will be conducted in accordance with the rules of Chapter 18.390 of the
Tigard Municipal Code and any rules and procedure adopted by the
Tigard City.
Failure to raise an issue in person or by letter at some point prior to the
close of the hearing on the request accompanie&by statements or evidence
sufficient to allow the Hearings Authority and 1idl parties to respond on the
request, ;occludes an appeal to the Land Use Board of Appeals based on
t1i4t;i ue, and failure to specify the criterion from the Community
Development Code or Comprehensive Plan at which a comment is
directed precludes an appeal based on that criterion. Further information is
available at City Hall and may be obtaianed'from the Community
Development Director or City Recorder at the same location, or by calling
503-639-4171.
PUBLIC HEARING ITEM:
COMPREHENSIVE PLAN AMENDMENT (CPA) 2000/0000
ZONE ORDINANCE AMENDMENTIZOA12000-00M3
> CODE AMENDMENT INCORPORATING USA'S
NEW WA'T'ER QUALITY IDFSIGN..STANDARI1S <
The City'of Tigard is proposing a Comprehensive Plan Amendment to
Volume 11 in order to recognize Unified Sewerage. Agency (USA's) role in
managing water quality and to provide additional evidence of Metro Title
3 compliance. A Zone Ordinance Amendment is requested with respect to
Community Development Code (Title 18), Chapters 18.370, 18.775 and
18.797 in order to incorporate new USA Design and Construction stan-
dards governing development near streams, wetlands, and springs (collec-
tively called Water Quality Sensitive Areas). All lesser standards in the
Community Development Code that provide less protection than the USA
standards will be deleted and a requirement will be added that a USA per-
mit be obtained. The USA regulations have been put into place in
response to Metro Stream and Wetland Protection performance standards
and the need to better protect streamwater quality and fish habitat.
LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW
CRITERIA: Statewide Planning Goals 1, 2, 6, 7; Tigard Comprehensive
Plan Policies 1.1.1, 1.1.2, 2.1:1, 2.1.2, 2.1.3, 3.1.1, 3.2.1, 3.2.2, 3.2.4,
3.4.1, 3.4.2, 4.2.1, 7.1:1, 7.1.2; and 7.2.1; and Community Development
Chapters 18.380 and 18.390,
TT9768 - Publish Nov. 9, 2000.
CITY OF TIGARD, OREGON
A -VMAWIT OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, begin first duly sworn, on oath,
depose and
That I posted in the following public and conspicuous places, a copy of Ordinance
Number (s) --!a 'b
which were adopted at the Council Meeting dated copy(s)
of said ordinance(s) being hereto attached and by reference made a part hereof, on the _
(V day of 'i.~ Q "Iiv , 2000
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon
3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon
Subscribed and sworn to before me this day of l~C P' a o i, 20 On
n
N
C}FFIOIAL SEAL Notary Public for Oregon
-I n L %4BSE
%,G-rAHy rUBI! :-0REGOM
r cOMMk%SJON NO. 3206U M Commission Expires: rq MY Coul,4MIOAI EXPIRES FEB. 11, 2009 y a
t .
CITY OF TIGARD, OREGON
ORDINANCE NO.00.32.
AN ORDINANCE CONCERNING THE VACATION GF APPROXIMATELY 4,611
SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW NAEVE STREET, IN THE CITY
OF TIGARD, WASHINGTON COUNTY, OREGON (VAC2000-00001).
WHEREAS, the Tigard City Council initiated this vacation request pursuant to Section 15.08.040
of the Tigard Municipal Code on September 26, 2000, and has been recommended by the
Community Development Department; and
WHEREAS, the approximately 4,611 square foot portion of the road had previously been
dedicated to the public; and
WHEREAS, Naeve Street has been re-aligned to the north to create an intersection that crame into
Royalty Parkway at more of a 90 degree angle; and
WHEREAS, the re-alignment resulted in surplus right-of-way; and
WHEREAS, the surrounding properties will continue to have access to public right-of-way; and
WHEREAS, the City will no longer have maintenance responsibility of this area; and
WHEREAS, all affected service providers, including utility companies and emergency service
providers, have reviewed the vacation proposal and have provided no objections, provided a utility
easement is provided to cover existing utility lines; and
WHEREAS, notice has been mailed to all property owners abutting said vacation area and all
owners in the affected area, as described by ORS 271.080; and
WHEREAS, in accordance with Tigard Municipal Code 15.08.120, notice of the public hearing
was posted in the area to be vacated and published in the newspaper; and
i
J
WHEREAS, the property owners of the majority of the area affected have not objected in writing;
and
a
WHEREAS, the City Council having considered the request on November 28, 2000, finds that it is
a in the public interest to approve the request to vacate said public right-of-way as the public interest
i will not be prejudiced by this vacation, as provided by ORS 271.120 and TMC Section 15.08.130;
and
ORDINANCE No. 00-32_ is\citywide\ord\VACNaeveORD.doc
Page 1 of 2 6-Nov-00/12:13 PM
Mimi
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WHEREAS, the Council finds that the following condition is necessary to vacate said land:
1. A public utility easement over the entire vacated area to provide for the existing and future
utility lines shall be dedicated.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby orders the vacation of said 4,611 square foot
portion of public right-of-way as shown and described on the attached Exhibits
A and B (legal description and map of the area to be vacated), and by this
reference, made part thereof.
SECTION 2: The Tigard City Council further orders that the vacation be subject to the
following condition:
1. A public utility easement over the entire vacated area to provide for the
existing and future utility lines shall be dedicated.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,
approval by the Mayor, and posting by the City Recorder.
PASSED: By u nUAI NIOiAS vote of all Council members present after being read by
number and title only, this Q&day of &(C.3 -4-- , 2000.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this o-'day of I/y 2000.
0 Ok A AJ
Griffith, M o
Ap roved as to form:
y Attorney `
CRO,
Date
ORDINANCE No. 00- i:\citywideiordiVACNaeveORD.doc
Page 2 of 2 6-Nov-00/12:13 PM
EXHIBIT A
Thurston & Associates, Inc.
415 N. State St., Suite No. 134
Lake Oswego, Oregon 97034
Phone (503) 697-0757
Fax (503) 699-5556
24 August, 2000
Exhibit "A"
Proposed Street Vacation
A tract of land located in the S.E. 1/ Section 10, Township 2 South, Range 1 west, Willamette
Meridian, City of Tigard, Oregon described as follows:
Commencing at a 5/8" Iron Rod at the intersection of the existing South line of S. W.
Naeve Street and the East line of S. W. Pacific Highway, said Iron Rod being the restored
North corner of Land Partition 1996-010 (SN 27,163), thence S 630 06' 17" E, 239.00 feet parallel
to and 20.00 feet from the centerline of the re-aligned S. W. Neave Street and the true point
of beginning, which is the intersection of a 25.00 foot street line and the existing South street
line, thence S 790 24'38" E 21.10 feet on the chord of a 191 foot radius curve left through a
central angle of 60 19' 57", thence S 820 34' 36" E 80.33 feet, thence S 70° 14' 59" E, 60.20 feet
on the chord of a 141 foot radius curve right through a central angle of 2.40 39' 14", thence
S 20 22' 54" W, 44.16 feet on the chord of a 25 foot radius curve right through a central angle
of 1240 03' 37", thence N 630 06' 17" W, 174.04 feet to the point of beginning. Containing
4,611 square feet or 0.11 acre. Said parcel reserves an 18 foot wide strip paralleling and
abutting the 174.04 foot Southwesterly line for a utility easement.
Donald W. Thurston, PIS, CWRE
cc: file
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CITY OF TIGARD
ORDINANCE NO. 00-
AN ORDINANCE PROVIDING A PROCESS FOR MAKING CLAIMS UNDER ARTICLE I,
SECTION 18 OF THE OREGON CONSTITUTION, ADDING A NEW CHAPTER 1.20 TO
THE TIGARD MUNICIPAL CODE AND DECLARING AN EMERGENCY.
WHEREAS, the City has developed a sound system of land use planning, which includes
regulations that in some cases restrict the uses that can be made of property; and
WHEREAS, the restrictions on use of property have both served the public interest and increased
property values by allowing the City to develop in a harmonious way avoiding incompatible uses
and assuring appropriate development; and
WHEREAS, the voters of the state adopted Ballot Measure 7 in the November 2000 election
amending Article I, Section 18 of the Oregon Constitution to require local governments to pay
compensation for land use regulations that restrict the uses that can be made of property if the
restriction causes a reduction in the value of the property; and
WHEREAS, some property owners may believe that existing or future land use regulations as
applied to their property both restrict use of the property and reduce the fair market value of the
property and consequentially may bring claims under Measure 7; and
WHEREAS, Ballot Measure 7 does not specify the process for submission and consideration of
claims for compensation; and
WHEREAS, it is appropriate for the City to provide a Measure 7 claims procedure; now,
therefore;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. A new Chapter 1.20 is added to the Tigard Municipal Code in the form of Exhibit
A attached hereto and incorporated by this reference.
Section 2. Because this ordinance is necessary for the preservation of the health, safety and
i welfare of the City and is needed to provide a process for claims by December 7,
i 2000, an emergency is declared to exist and this ordinance shall be in full force
and effect on December 7, 2000.
3
Page 1 - ORDINANCE NO.00- ,~a_
PASSED: By It Aall imDU5 vote of all Council members present after being
read by number and title only, this a19t day of
2000.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of /y ( Ve.41n bPLL 2000.
J )6s E. Gri a
Appr ved as to form:
i Attorney
4/ 2 vJ
Date
I: W D hAO RD I NAN C E S\M EAS U R E7.O R t. D OC
Page 2 - ORDINANCE NO. 00--
EXHIBIT A
to Tigard Ordinance No. pp.,.A-3
Chapter 1.20 Compensation for Reduction in Property Value
1.20.010 Purpose
The purpose of this Chapter is to provide procedures and standards for claims for compensation
made pursuant to subsections (a) through (f) of Article I, Section 18 of the Oregon Constitution,
effective December 7, 2000.
1.20.020 Definitions
As used in this chapter, unless the context requires otherwise:
"Affected property" means the private real property that is alleged to have suffered a
reduction in fair market value as a result of the City's regulation restricting the use of that
property and fonwhich a property owner seeks compensation for the reduction in value.
"Regulation" shall mean any law, rule, ordinance, resolution, goal, or other enforceable
enactment of the City.
"Restricts the use of property" means prohibiting a particular use of the property or
making that use only permissible under certain conditions. Standards that regulate the
form of development, how a structure must be constructed, or how grading or fill is to be
conducted, such as yard setback requirements, height limitations, erosion control
measures and building code -standards, are not restrictions on the use of property.
Regulations requiring or setting fees to be charged are not restrictions on the use of
property.
"Manager" means City Manager or designee.
1.20.030 Pre-Application Conference
1. Before submitting an application for compensation, a property owner seeking
compensation may schedule and attend a pre-application conference with the Manager to
discuss the application for compensation. The pre-application conference, if requested,
shall follow &w procedure set forth by the Manager.
i
2. To schedule a pre-application conference, a written request must be submitted to the
Manager. The pre-application conference is intended to allow a summary of the basis for
the claim to be presented to the Manager and for the Manager to provide information
about applicable regulations. The Manager may provide a written summary of the pre-
application conference within 10 days after it is held.
3. The Manager is not authorized to offer compensation at a pre-application conference but
may take any other action within the Manager's authority. Any omission or failure by the
Manager or staff to provide information on all relevant applicable land use regulations
will not constitute a waiver or admission by the City.
1.20.040 Application for Compensation
A property owner wishing to make a claim against the City under subsections (a) through (f) of
Article I, Section 18 of the Oregon Constitution shall first submit a notice of claim to the City.
The notice of claim shall be in writing and shall include:
1. A notice of claim form provided by the City signed by all owners of the affected
property. If the affected property is owned by two or more persons and not all owners
seek compensation, all owners who do not seek compensation shall sign a waiver of the
right to compensation.
2. Identification of the affected property by street address and tax lot number.
3. The name, address and phone number of all owners of the affected property seeking
compensation (Claimants).
4. The name, address and phone number of all owners of the affected property who do not
seek compensation and waive the right to compensation.
5. The name and mailing address of all persons with a lien on or security interest in the
property.
6. An explanation of the nature of the claim, including specification of the regulation at
issue, a description of how the regulation restricts the use of the affected property, and an
explanation of how the restriction affects the value of the affected property. The
explanation shall also state the date the Claimant(s) first owned the affected property and
the date the regulation was adopted, first enforced or applied.
7. A statement describing the extent to which the regulation would need to be waived,
suspended, or modified to avoid the need for compensation.
8. The amount of compensation claimed and a statement whether the application seeks
compensation or a waiver, suspension or modification of the regulation.
A
9. An application fee in an ainount to be set by resolution to cover the costs of the
completeness review and application processing. The fee shall be refunded if a
determination is made that compensation should be paid or that the regulation should be
waived or suspended.
10. Proof of ownership of the affected property at all relevant times.
11. An appraisal by an appraiser licensed by the Appraiser Certification and Licensing Board
of the State of Oregon appraising the value of the affected property under the regulation
and appraising the value of the affected property without the regulation. The appraisal
shall appraise the value as of the date the regulation was adopted, first enforced or
applied, whichever is applicable to the claim. Claimant shall also submit any other
appraisals of the affected property obtained by or in the possession of Claimant in the ten
years prior'to submitting the notice of claim.
The application may include any other materials the Claimant believes are relevant to the notice
of claim. A notice of claim shall not be a claim for compensation until the notice of claim is
determined to be complete by the Manager. If an incomplete notice of claim is received, the
Manager shall inform the Claimant in writing of the additional material necessary to make the
notice of claim complete. The notice of claim will be complete when the additional material is
submitted and determined by the Manager to be complete. Until the notice of claim is complete,
the Claimant shall not be considered to have applied for compensation or filed a claim for
compensation.
1.20.060 Notice
The City shall provide notice of the hearing required by Section 1.20.080 to all owners of the
property, lien holders and security interest holders listed in the notice of claim, record owners of
property within 250 feet of the property and anyone who has requested notice at least 7 days
before the hearing. The notice shall identify the property, state the date, time and place of the
hearing, state the amount of the claim, list a city contact person and phone number, advise of the
availability of the staff report and summarize the hearing procedures and nature of the claim.
Failure of any person to receive notice or any defect in the notice shall not invalidate any action
taken or decision made at the hearing.
~I
1.20.070 Staff Report
City staff shall prepare a report analyzing the claim. The staff report shall be reviewed and
approved by the Community Development Director, Finance Director, and Manager before being
submitted to the City Council. Staff may discuss options with the Claimant and may enter into a
settlement agreement with the Claimant as to actions within staff's authority. Staff may agree
with Claimant that staff will recommend a particular course of action to the City Council if staff
lacks authority to commit to the action.
The staff report shall be submitted to the Council, mailed to the Claimant, and made available to
the public at least 7 days before the public hearing required by Section 1.20.080.
1.20.080 City Council Proceedings
The City Council shall hold a public hearing on the claim. The public hearing should normally
be set within 70 days of the notice of claim but may be set at any time. The City Council may
hold an executive session on the claim at any time.
1.20.090 Public Hearing
The Claimant and any other person shall be provided a reasonable opportunity to present
evidence and argument at the public hearing. The City Council may limit the duration of
testimony.
1.20.100 Council Decision
In deciding the claim, the City Council may take any of the following actions:
1. Deny the claim based on any one or more of the fallowing findings:
a. The regulation does not restrict the use of the private real property,
b. The fair market value of the property is not reduced by the passage or
enforcement of the regulation.
C. The claim was not timely filed.
d. The Claimant is not the current property owner or was not the property
owner at the time the regulation was adopted, first enforced or applied.
e. The regulation is a historically and commonly recognized nuisance law or
a law regulating pornography, nude dancing, gambling, or the sale of alcoholic
beverages or other controlled substances.
f. The regulation is required by federal law and is the minimum required to
comply with federal law.
g. The City is not the entity responsible for payment. The City is not
responsible if the challenged law, rule, ordinance, resolution, goal or other
enactment was not enacted by the City.
h. The City has not taken final action to enforce or apply the regulation.
i. The claimant is not legally entitled to compensation under Article I,
Section 18 for a reason other than those listed in subsections a through f. The
basis for this finding must be clearly explained.
2. Pay compensation, either in the amount requested or in some other amount supported by
the evidence. If the City pays compensation, the City shall continue to apply and enforce
the regulation. Any compensation shall be paid from funds appropriated for that purpose.
3. Waive or suspend the regulation. The Council may provide that the waiver or suspension
of the regulation shall expire when the Claimant ceases to own the property or shall
terminate if no longer needed to comply with Article I, Section 18 of the Oregon
Constitution.
4. Modify the regulation so that it does not give rise to a claim for compensation.
5. Conditionally waive or suspend the regulation subject to receipt of a defined amount of
contributions toward compensation by a specified date from persons opposed to the
waiver or suspension, such as persons who believe they would be negatively affected by
waiver or suspension, with the waiver or suspension being granted if the defined amount
of contributions is not received by the specified date. If the contributions are received,
compensation shall be paid within 90 days of the date the notice of claim was filed. The
specified date shall allow the City time to process the contributions and pay
compensation.
The City Council may take other actions it deems appropriate in individual circumstances, may
modify the listed actions, and/or may combine the listed actions, consistent with Article I,
Section 18 of the Oregon Constitution. The City Council may negotiate an acceptable solution
with the Claimant or may direct staff to negotiate with the Claimant. In the event that the City
Council directs staff to negotiate, the Council shall set the matter for farther action no less than
89 days from the date the notice of claim became complete. If the City Council directs staff to
negotiate, it may delegate authority to staff. The Council shall take final action within 90 days of
the date the notice of claim became complete.
1.20.110 Authority
The City Council shall have the authority to take the actions listed in Section 1.20.100, including
the authority to waive or suspend any provision of any City code, ordinance or resolution,
notwithstanding any inconsistent provision in this code or the Community Development Code.
The City may retain an appraiser to review the appraisal submitted by the Claimant or to prepare
a separate appraisal.
1.20.120 Severability
If any section, phrase, clause, or part of the this Chapter is found to be invalid by a court of
competent jurisdiction, the remaining phrases, clauses, and parts shall remain in full force and
effect.
1.20.130 Attorney Fees on Delayed Compensation
If a claim for compensation•under Section 18, Article I, of the Oregon Constitution and this
Ordinance is not resolved within 90 days of the dea of filing, claimant's reasonable attorney fees
and expenses necessary to collect the compensation will be added as additional compensation
provided compensation is awarded after the end of the 90 day peri4pd. If a claimant commences
suit or action to collect compensation and the City is the prevailing party in such action, then
City shall be entitled to any sum which a court, including any appellate court, may adjudge as
reasonable attorney fees.
I:\ADM\ORDINANCES\EXHISIT A TO MEASURE 7.DOC
a~
1
AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : November 28, 2000
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues
not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager
prior to the start of the meeting. Thank you.
NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED
7?V5' s L,.-, va vh
XAV,, 7-',V6
ael~
VISITOR'S AGENDA Page 1
AGENDA ITEM No. 4 Date: November 28, 2000
to rl AM U
LI
(QUASI-JUDICIAL)
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
Vacation of Approx. 4,611
Sq. Ft. Portion of Public
Right-of-Way Known as SW
Naeve Street Near the
Intersection of Royalty
Parkway
VAC2000-00001
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
AGENDA ITEM No. 4
PLEASE PRINT
Proponent - (Seakin In Favor O onent - S eakin A ainst Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
PUBLIC HEARING
Amending Water
Service Area System
Development Charge and
the Methodology Used to
Establish the Due to Time Constraints
Cety CVU11I l May Impose
Time Limit on Testimony
1:%DM\GREER\CCSIGNUP\PH TESTIMONY LEGAOC
~ . A
AGENDA ITEM No. 5
PLEASE PRINT
Proponent - S eakin In Favor O onent - S eakin A ainst Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
e
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
S+u d~
Agenda Item No. e .
Meeting of 11. Q 8 • oa
MEMORANDUM
TO: Honorable Mayor & City Council
FROM: Cathy Wheatley, City Recorded, (4~~
RE: Tigard Festival of Balloons
DATE: November 15, 2000
Mr. Bruce Ellis, organizer of the Tigard Festival of Balloons, will be present during the
City Council's November 28, 2000, Study Session to talk about the last event, an
overview of next year's event, and to answer Council questions. The Tigard Festival of
Balloons is a city-sponsored event (see attached Resolution No. 00-01).
The Tigard Festival of Balloons Planning Committee met on July 20 to discuss how this
year's event went as far as what went well and what didn't. There were no major
problems and it appears that the event "footprint" has been established with regard to
event activities.
The Planning Committee is organized as follows:
Public Safety Ron Goodpaster
Logistics Ed Wegner
Emergency Response Mark MacDonald (TVFR)
Event Operations Bruce Ellis
Planning Bruce Ellis
Finance Bruce Ellis
Public Information Bruce Ellis
The following non-profit groups benefited and/or participated in the event:
Shriners Hospital Lions Club
Tigard High School Boosters Boy Scouts
Breakfast Rotary Tigard Chamber of Commerce
Atfalati
Bruce Ellis supplied financial information from the Balloon Festival, which is attached.
Here is a breakdown of event support expenditures provided by the City of Tigard:
Police Department $11,755.02
(also had the services of 58 officers,
reserve officers and Explorers
from 11 different agencies)
Public Works
Festival Shifts $20,021.71
Preparation & Clean Up 8,001.38
Materials 1.065.00
Total Public Works 29,088.09
City of Tigard Cash Contribution 10.000.00
Total expended: $50,843.11
Volunteer assistance for the event was as follows:
City Booth 137 hours
Police Reserves 641.5 hours
Other volunteers the
City recruited for
the Chamber and Atfalati 65 hours
Total 843.5 hours
IMDWCATIMCOUNCILOALLOON FESTIVAL 2000 CC REPORT.DOC
CITY OF TIGARD, OREGON
RESOLUTION NO. 00-0)
A RESOLUTION ESTABLISHING A PROCEDURE TO GRANT CITY SPONSORSHIP TO
COMMUNITY EVENTS.
WHEREAS, various groups organize and put on community and cultural events for the benefit of the
citizens of Tigard, and
WHEREAS, the City of Tigard from time to time offers support for some events in the form of direct cash
grants, in-kind services, and/or access to City facilities or insurance, and
WHEREAS, it would be appropriate for the City to join certain events as an official sponsor due to the
number of Tigard citizens participating or volunteering for the event; the role of the event in creating a
greater sense of community in Tigard; and the economic, artistic, and cultural benefits of the event to
Tigard residents and businesses, and
WHEREAS, official City sponsorship, with a commitment for long term participation, improves the ability
of event organizers to plan for the long term and to obtain other sponsors and financial support,
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that the procedure for City
Sponsorship of Cultural Events, included in this Resolution and Attachment A, is hereby adopted.
PASSED: This - C~e_ day of 2000.
-M-ayeF--its-e Tigard
Council President, City of Tigard
ATTEST:
~VaAX~- n e
City Recorder - City of Tigard
RESOLUTION NO. 00-.00J
Page 1
Attachment A
City Sponsorship of Cultural Events
1. The City of Tigard will formally recognize by Council resolution those community and cultural
events that it wishes to sponsor. Sponsorship will continue until terminated by Council
resolution, which will provide one year notice of termination.
2. City sponsorship will include City support (direct cash grants, in-kind services, access to
facilities or insurance coverage, or a combination of the above) as identified in the sponsoring
resolution. If City sponsorship includes direct cash grants, the sponsoring resolution will
identify a target funding amount. A target amount may be adjusted, however, during the City's
annual budget process.
3. In identifying events for City sponsorship, the City will consider the following factors:
a. The number of City residents participating in the event
b. The number of City residents volunteering for the event
c. The role of the event in creating a greater sense of community and Tigard identity
d. Economic, artistic, and cultural benefits of the event to Tigard residents and businesses
e. The level of support for the event raised from other sources
4. Events sponsored by the City will be required to list the City as an official sponsor in all
publicity and promotional materials.
5. Non-sponsored events may be considered for funding during the City's annual budget process on
a year-to-year basis.
IFM
RESOLUTION NO. QO- 01
Page 2
Tigard Festival of Balloons
31575 S.W• Pacific Hwy. Box 131
A
Tigard, OR 97223
Tigard Festival
of Balloons
2 oat C ~s
w
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U
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a
a
1999 2000 2001
Beginning Balance 122.22 5,331.32 3,171.48
Civic and Media Sponsors 94,480 101,896.00 110,000.00
Souvener sales 10,126.00 0 0
Vendors 1,255.00 2,400.00 3,000.00
Carnival 27,290.02 24,860.00 29,000.00
Paarking 7,057.00 7,000.00 7,000.00
Refunds 180.11 0 0.00
City of Tigard 5,000.00 10,000.00 10,000.00
Total Cash Available 145,510.35 151,487.32 159,000.00
Pilot awards and Housing 17,857.12 23,642.86 25,000.00
Restrooms, Waste water 5,210.00 5,210.00 5,500.00
Field Setup 19,801.53 18,458.62 20,000.00
E=ntertainment 38,204.95 32,290.00 44,000.00
Security 3,323.18 2,890.00 3,000.00
Insurance 5,685.00 6,659.00 7,000.00
Support Admin. And Fees 13,251.40 11,500.00 8,000.00
` Office exp. 7,150.63 8,800.00 5,000.00
Supplies 14,454.51 11,330.00 12,000.00
Misc. 3,245.00 3,890.00 1,000.00
Promo, and Advertising 8,750.71 10,070.66 12,000.00
Dues 125.00 1,125.00 1,200.00
Red Cross/First Aid 1,120.00 1,450.00 1,700.00
Donations to charities 2,000.00 11,000.00 10,000.00
TOTAL 140,179.03 148,316.14 155,400.00
CITY OF TIGARD
Engineering Deparhnent
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223
Phone 503-639-4171
Faz: 503-024-0752
TO: City Council
Bill Monahanq,, C~i~tyy Manager
FROM: Gus Duenas'4-1
City Engineer
DATE: November 27, 2000
SUBJECT: Truck Traffic on Vams and Cherry
We have received complaints about truck traffic on Vams and Cherry Streets as a result of the
72"d Avenue Office Building construction at the corner of SW 72nd Avenue and Cherry Street.
To determine what was actually occurring there, I observed the routes that trucks used to access
that site one morning about a week and a half ago. All the trucks I saw came in off 72nd Avenue,
turned at the 74`h Avenue stub street, faced outward while being loaded, then exited via 72nd
Avenue. This is the preferred method for accessing the site. I talked today to Ray Pirkl (a
resident of the area) who expressed his concern about trucks coming down Vams and Cherry
fully loaded and dumping material at the work site, then exiting via 72nd Avenue. The contractor
had apparently completed the excavation and disposal phase and was now bringing fill material
to the site.
To address the concerns regarding truck traffic access to the project, Brian Rager, our
Development Review Engineer, has written the attached letter to the developer. This letter asks
the developer to have his contractors access the project from 72nd and Cherry exclusively. We
expect the grading and backfilling to be completed shortly and the office building phase to then
begin in earnest. Since the public improvement phase is almost completed, we have discussed the
matter with our Building Official, who will be following up with the onsite contractors during
the office building phase.
We will be monitoring the project to determine if the problem persists. In addition, we will
monitor Cherry and Vams Streets for any signs of damage caused by the heavy loads passing
over them. Any such damages will be brought to the attention of the developer for appropriate
repairs at the developer's expense.
LM Attachment
c: Brian. Rager
Gary Lampella
November 27, 2000
Mr. Paul Gram CITY OF TIGARD
Pacific Northwest Properties OREGON
9965 SW Allen Boulevard, Suite 115
Beaverton, OR 97005
RE: 72ND AVENUE OFFICE BUILDING, SDR 2000-00006
TRAFFIC FLOW ISSUE
Dear Paul:
We have been receiving complaints from the neighbors who live along SW Cherry Street and
SW Vams Street, regarding truck traffic traveling to and from the project at SW 72nd
Avenue/SW Cherry Street. The latest complaint came in today to one of our council members.
The City Manager has asked that we request the contractors to avoid using SW Varns Street to
the extent possible. We have made contact with at least the contractor involved in the road
improvement work. The Building Official will soon be talking to the onsite contractor(s).
The main problem has been trucks traveling southbound on SW 72. Avenue, turning right onto
SW Varns Street, then traveling to the site. I would have guessed just the opposite myself
(trucks using the light at SW Varns Street/SW 72"d Avenue to turn left to go northbound), but
not according to the neighbors. In light of this information, it would make more sense to us that
trucks could simply turn right from SW 72nd Avenue onto SW Cherry Street to reach the site.
Then, to get turned around, they could use SW 74`h Avenue. We would not have an objection
.to that. We would also appreciate it if the trucks refrain from using SW Cherry Street and SW
Warns. Stmt in the northbound direction if they are trying to head north on SW 72nd Avenue.
Therefore, would you please talk to your construction team out there and request that they limit
their truck traffic to the SW 72"d Avenue/SW Cherry Street intersection? We would greatly
appreciate your help in this.
Please call me at (503) 639-4171, ext. 318 if you have questions about this.
Sincerely,
Brian D. Rager, PE
Development Review Engineer
a
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AGENDA ITEM # oZ
FOR AGENDA OF November 28, 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A resolution approving budget amendment #4 to the FY 2000-01 budget to accept a
Department of Land Conservation and Development (DLCD) grant and to increase appropriations to allow
expenditure of grant funds
PREPARED BY: Tom Imdieke DEPT HEAD OK ^ CITY MGR OK 4~~
ISSUE BEFORE THE COUNCIL
Should the Council amend the FY 2000-01 Budget to accept and appropriate a grant from the Department of
Land Conservation and Development.
STAFF RECOMMENDATION
Staff recommends approval of this budget amendment.
INFORMATION SUMMARY
The City has been awarded a $15,000 DLCD grant to fund the preparation of an open space plan which is to
include a riparian district plan to provide technical assistance to address Goal 5 within the Washington Square
Regional Center plan. This resolution would appropriate the funds so the Community Development
Department would have budgetary authority during the current fiscal year to spend the funds for this purpose.
OTHER ALTERNATIVES CONSIDERED
Do not approve this budget amendment; maintain the City's FY 2000-01 budget. This would prevent the City
from appropriating and using the grant funds this fiscal year.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
FISCAL NOTES
The amendment will increase the budget by $15,000 using grant funds.
AGENDA ITEM # 3 3
FOR AGENDA OF J~~afs. OD
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A resolution approving budget amendment #5 to the FY 2000-01 budget to accept
two Federal grants from the Department of Justice and to increase appropriations to allow expenditure of these
grant funds.
PREPARED BY: Tom Imdieke DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Council amend the FY 2000-01 Budget to accept and appropriate two Federal grants from the
Department of Justice.
STAFF RECOMMENDATION
Staff recommends approval of this budget amendment.
INFORMATION SUMMARY
The City has received two grants from the Department of Justice. One grant is in the amount of $25,000 from
the Office of Community Oriented Policing Services (COPS). This grant provides partial funding for a new
civilian position Training Coordinator that will allow the redeployment of a sworn officer back into community
policing.
0
The other grant is in the amount of $23,981 from the Local Law Enforcement Block Grant Program (LLEBG).
These funds can be used for various types of crime prevention activities and/or other law enforcement support
functions.
OTHER ALTERNATIVES CONSIDERED
Do not approve this budget amendment; maintain the City's FY 2000-01 budget. This would prevent the City
from appropriating and using the grant funds this fiscal year.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
FISCAL NOTES
This amendment will increase the budget by $48,98 land adds 1 FTE of Training Coordinator.
AGENDA ITEM # FOR AGENDA OF November 28, 2000
CITY OF TIGARD, OREGON
COUNCIL, AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Award of Janitorial Services to Service Master of Tigard
PREPARED BY: Arnie Manzano DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the Local Contract Review Board accept the bid for Service Master in the amount of $6,272.06/month.
STAFF RECOMMENDATION
The Staff recommendation is for the Local Contract Review Board to approve the bid submitted by Service
Master in the amount of $6,272.06 per month & authorize the Property Manager or the Contract Administrator
to sign a one year contract with the option of two additional years to be determined at the beginning of each
fiscal year.
INFORMATION SUMMARY
The City advertised for bids for Janitorial services on October 31, 2000. Four bids were received, and one bid
submitted by Quality Maintenance was disqualified for not meeting contractor's experience. Quality
Maintenance janitorial service experience consists of short-duration clean up work for building construction
close outs which are not comparable to the City's janitorial requirements.
Bids received were as follows:
Bidders Monthly Bid price Difference
(1) Service Master of Tigard $6,272.06*
(2) CBM Systems, Inc, of Beaverton $6,092.12 Between 1 & 2 = $179.94
(3) Unequalled Janitorial of Gresham $5,991.02* Between 2 & 3 = $101.10
(4) Quality Maintenance of Wilsonville $5,948.30 (Rejected for not having the appropriate Service experience)
i Note: Bid price difference between the highest & the lowest qualified bidder is $281.04*
It will be in the best interest of the City to award this contract to Service Master** for the following reasons:
a Service Master employees are already very familiar with cleaning the City's facilities and fully trained in
the City's Security policies & procedures - and they are doing a great job.
INFORMATION SUMMARY (CONTFNUATION)
■ They are very reliable and respond quickly to our needs. The company being located in Tigard has become a
big plus for the City, and they are able to respond to meet our needs within minutes.
■ As stipulated in the Bid Package: "The experience record will be a major consideration in the award of
the contract and failure to provide the experience record may be cause for rejection of bid." The City's
positive experience with Service Master over the past contract period qualifies them for bid award.
o Service Master's bid in the amount of $6,272.06/month is actually lower than the current Service Master
contract-billing rate of $6,328.76/month.
Awarding the contract to the lowest bidder, Unequalled Janitorial, in order to save $281.04 per month would
end up costing the City more than it is trying to save. The costs savings would be quickly consumed by the
required staff time to complete requirements of the contract in regards to background checks and
discontinuation of our current contract. It would not make good business sense to switch to a different provider
for a savings of less than $3,400 anually.
OTHER ALTERNATIVES CONSIDERED
Do not approve award of bid to staff recommended vendor.
Reject all bids & direct Staff to readvertise for bids.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
FISCAL NOTES
Current year FY00/01 budget for Janitorial Services is $80,000.00 or about $6,666.67 per month.
a
i
i
3
CITY OF TIGARD
PROFESSIONAL CUSTODIAL SERVICE
VIII. SERVICE SUMMARY
ITEM TASK FREQUENCY
1. TRASH PICK UP IN ALL AREAS
a. Pick up trash, and remove from building ITEMS A-C DAILY
b. Replace liner if soiled by drink or wet debris.
c. Wash and disinfect interior of all waste containers if liners fails.
Reusable plastic liners are acceptable if they are maintained-replaced as needed.
2. RECYCLING CONTAINERS
a. Empty small recycle bin into large recycle container. DAILY
b. Remove cardboard to outdoor recycling container. DAILY
c. Empty large indoor recycle containers to outdoor recycle containers. AS
NEEDED
d. Transport Library newspaper recycling bin to curb for pick-up.WEDNESDAYS
3. ALL ENTRANCES
a. Clean area including doors, floors, door mats. ITEMS A-E DAILY
b. Mop floors as needed.
c. Spot clean door glass and surrounding windows.
d. Empty trash receptacles.
e. Clean and service sand urns and damp clean ashtrays.
f. Clean entire lobby entry doors.
WEEKLY
4. ALL RESTROOMS/LOCKER ROOMS
a. Pick up all trash including sanitary containers. ITEMS A-I DAILY
b. Service all soap, towel, toilet tissue, sanitary and seat cover
dispensers as needed (load properly).
c. Sweep floor and pick up debris.
i d. Mop floors with germicidal solution.
e. Clean mirrors (leave free from streaks).
f. Clean and disinfect all toilet bowls including seat and urinals.
Brush inside of bowl trap and under inside of rim. Bowls must be
free of stains and mineral deposits inside and outside.
g. Wipe all wall surfaces around sink basins and urinals to remove
evidence of splashing.
h. Wash or scrub sink basins with germicidal solution.
Invitation to Bid - Professional Custodial Services 1
VIII. SERVICE SUMMARY (Cont'd.)
ITEM TASK FREQUENCY
i. Clean and disinfect all restroom fixtures and counter tops.
j. Wash walls and partitions with germicidal solution.
WEEKLY
NOTE: Ammonium germicidal cleaner properly mixed is to be used in all cleaning
processes.
5. ALL DRINKING FOUNTAINS
a. Clean and disinfect nozzle and basin. DAILY
b. Use brush in drain and remove signs of corrosion. WEEKLY
6. ALL EATING AREAS: LUNCHROOMS/LOUNGE
a. Pick up trash. ITEMS
A-D DAILY
b. Spot clean glass in doors and surrounding windows.
c. Sanitize tabletops and damp clean seats and backs of chairs.
d. Sweep floor and pick up debris (including stairway
at City Hall lunchroom).
e. Mop floors with germicidal solution.
WEEKJ,Y
f. Vacuum between refrigerator and counter.
MONTHLY
NOTE: Kitchen located at Senior Center is NOT part of contract.
7. OFFICE AREA
a. Pick up trash. ITEMS
A-E DAILY b. Empty
small recycling containers.
c. Wipe reception area counter tops with disinfectant solution.
d. Spot clean interior office windows.
e. Vacuum floors.
f. Empty large recycling containers. AS
NEEDED
8. ALL PUBLIC AREAS - LIBRARY AND LOBBY
a. Wipe all counter tops, desks and tables with
germicidal solution. DAILY
Invitation to Bid - Professional Custodial Services 2
9. DUST VERTICAL/HORIZONTAL SURFACES
a. Dust all office desks, chairs and tables WHEN CLEARED ITEMS A &
B WEEKLY
Do not disturb papers.
b. Dust all low areas - hand height (70") including sills, ledges
exposed filing cabinets, bookcases and shelves.
c. Dust and sanitize all telephones.
WEEKLY
d. Dust all high areas above hand height including shelves,
WEEKLY
moldings, ledges and top of door frames.
e. Dust venetian blinds.
MONTHLY
f. Wash venetian blinds. (To be done in May)
ANNUAL
10. FURNITURE
a. Polish conference room tables
WEEKLY
b. Vacuum fabric furniture in Library only.
WEEKLY
c. Damp wipe plastic chairs with germicidal solution.
MONTHLY
11. SPECIAL SURFACES
a. All brass areas, e.g. door handles, electrical light plates etc.,
to be polish-free of tarnish and fingerprints with brass polish. SEMI-MONTHLY
12. FLOOR MAINTENANCE - CARPET
a. Vacuum thoroughly all carpeted areas including ITEMS A-C DAILY
wall-to-wall carpet, carpet staircases, carpet mats.
b. Carpet shall be spot cleaned as needed.
c. Move chairs to vacuum and replace in an orderly manner.
d. Machine shampoo all carpet. (To be done in April and October) SEMI-
ANNUAL
NOTE: Vacuums used shall have a motor driven brush and a beater bar if carpet has a
pad installed, and shall have a motor driven brush only if there is not pad under the
carpet.
Invitation to Bid - Professional Custodial Services 3
i
13. FLOOR MAINTENANCE - RESILIENT AND HARD
a. Sweep floors and remove debris. DAILY
b. Mop vinyl/tile with a properly mixed quaternary ammonium
germicidal cleaner. DAILY
c. Remove black marks, tar and oil.
WEEKLY
d. Strip, clean, refinish and machine polish.
ANNUAL
(To be done in April or October)
14. WINDOWS
a. Spot clean all interior windows. DAILY
b. Wash complete glass in interior offices and doors.
QUARTERLY
c. Wash all exterior windows inside and out.
ANNUAL
Wash all ledges. (To be done in May, at time of cleaning
window coverings.)
ANNUAL
15. WINDOW COVERINGS
a. Clean all window coverings. (To be done in May)
ANNUAL
16. LIGHT FIXTURES
a. Remove flies and other foreign material from light fixtures.
QUARTERLY
b. Thoroughly wash all light fixtures. (To be done in April)
ANNUAL
17. HVAC REGISTERS
a. Vacuum HVAC outlets removing dust, cobwebs and debris.
MONTHLY
Invitation to Bid - Professional Custodial Services 4
IX. CUSTODIAL. TASK SUMMARY STANDARDS/TECHNICAL
SPECIFICATIONS
Remove Trash and Waste: All waste receptacles and other trash containers within the
buildings will be emptied each night and returned to their initial locations. Wet spills on
interior of wastebasket will be removed. Can liners will be replaced when obviously
soiled or torn.
Remove Recycle Paper: Small recycling paper bins will be emptied each night into the
larger indoor recycling bins and returned to their initial location. The large recycling bins
will be emptied on a "as needed basis" into the recycling containers located outside.
NOTE: All recycling paper shall be kept separate from garbage and be emptied
into the recycling containers.
Cardboard Disposal: All cardboard that has been broken down and placed beside
wastebaskets shall be removed to the cardboard recycling containers located outside.
NOTE: All cardboard shall be kept separate from garbage and be emptied into the
cardboard recycling container outside.
Clean Entrance Mats: Entrance mats located in the interior of the entrances will be
cleaned. If vacuuming does not remove the affected soil, the mats will be taken outside
and swept with a stiff broom until all visible soil has been removed. Entrance mats will
be lifted to remove soil and moisture underneath, and will then be returned to the normal
location after cleaning. No entrance mats will be placed upon a damp or wet floor
surface.
Empty Ashtray Receptacles: Empty and damp wipe with cloth or sponge to remove
evident soil from all ash tray receptacles.
Spot Clean Glass: Remove smudges, finger prints, streaks, stains, lint, etc., from all
glass i.e., interior office glass, entrance doors including surrounding glass windows. Spot
cleaning is not to leave noticeable color differential from surrounding area.
Cleaning Toilet and Urinals: Remove scale, scum, and mineral deposits, rust stains, etc.
from the interior of toilet bowls and urinals. After cleaning, toilets and urinals will be free
from rings, mineral deposits, and rust stains and will have a uniform, bright, shiny
appearance.
Spot Clean Restroom Walls, Partitions and Doors: Clean the partition walls, partition
doors, walls surrounding the urinals and toilets. Remove any nonpermanent stains, spots,
streaks using a clean cloth or sponge dampened with a germicidal detergent solution.
Wipe the surface dry using a clean cloth. After cleaning the surface will have a uniform
appearance free from dust, lint, streaks, stains and writing.
Invitation to Bid - Professional Custodial Services 5
Clean Mirrors: Remove soil, streaks, smudges, film, etc. from the surface of mirrors
with a damp cloth or sponge. After cleaning, surface will have no visible signs of streaks,
smudges, lint, film, etc. and present a uniform, clean appearance. Cleaning of mirrors
shall include the frame of the mirror.
Mop and Disinfect Restroom Floors: Prior to mopping, the floor surface will have been
swept with a broom to remove all loose dirt and soil. Mop the floor with a germicidal
detergent solution and rinse mop with clear water, using a separate mop. After mopping,
the floor will have a uniform appearance free of spots, spills, stains, dirt, oily film, mop
strings, etc. Dispose of the remaining detergent solution by pouring it down the toilets.
Spills or stains caused by the dumping of the detergent solution will be wiped clean.
Refill Paper Product Dispensers: 1) Restock all paper towel dispensers to the proper
level. Folding paper towels will be interlocked with remaining towels in the cabinet. 2)
When toilet tissue dispensers hold two rolls, replace consumed rolls and partial rolls,
which appear to be down to the last 10-15 sheets. 3) Toilet seat cover dispensers will be
filled with a new package when empty or when less than six sheets remain in the
package. The dispensers and adjacent surfaces will be wiped with germicidal detergent to
remove fingerprints and smudges after filling. The device will be checked for proper
operation after filling and any inoperable devices will be reported to the Contract
Administrator.
Refill Soap Dispensers: Soap dispensers will be filled to within 1/2" of the top with
liquid soap. The dispensers and adjacent surfaces will be wiped with a germicidal
detergent to remove handprints and smudges after filling. The device will be checked
after filling for proper operation and any inoperable devices will be reported to the
Contract Administrator.
Clean and Disinfect Kitchen/Bathroom Sinks and Counters: Completely clean and
disinfect all exposed surfaces of the kitchen and bathroom sinks. A non-abrasive cleaner
will be used on the exposed hardware. The cleaning includes the drying and polishing of
all exposed hardware. After cleaning, the fixture will present a clean, bright, shiny
appearance and will be free of all visible soil, streaks, oily smudges, residue cleaning
agents, spots, stains, etc. Inoperable or broken fixtures will be reported to the Contract
i Administrator. DIFFERENT CLOTHS, SPONGES, BRUSHES AND SCOURING
PADS WILL BE USED TO CLEAN THE SINKS THAN THE ONES USED FOR
CLEANING THE TOILET AND URINALS.
i
a NO'T'E: ABRASIVES SUCH AS AJAX OR COMET SHALL NOT BE USED ON
BOWLS, TUBS, PAINT, OR OTHER FINISHED SURFACES. HARSH ACID
PRODUCTS SUCH AS HYDROCHLORIC ACID BOWL CLEANERS SHALL NOT
BE USED ON METAL FIXTURES, PAINT OR OTHER FINISHED SURFACES.
I
Clean Drinking Fountains: Remove all soil, streaks, etc. from drinking fountains, and
the entire cabinet; disinfect all polished metal surfaces including the nozzle and drain.
Invitation to Bid - Professional Custodial Services 6
Dusting: Remove dust, lint, cobwebs from all vertical and horizontal surfaces including.
baseboards, moldings, ledges, door and window casings, venetian blinds, deflectors,
pictures, walls, corners, ceilings and open metal gratings. All furnishings and structural
surfaces must be free of dust. Do not disturb personal items such as papers and other
documents on desks. The contractor shall not be responsible for cleaning any flat surface
that has papers or books on them.
Vacuum Carpet: Prior to vacuuming, all surface litter; such as paper, gum, rubber
bands, staples, paper clips, etc. will be picked up. Chairs and trash receptacles will be
moved as necessary to vacuum underneath. After vacuuming the entire floor, it will be
free of all visible litter, soil, dust and embedded grit, including corners, under partitions
and next to the baseboard.
Restore Furniture to Standard Arrangement: Upon completion of the cleaning tasks,
the furniture will be arranged in the original pattern. In the lobby, conference rooms and
lounge setting, there will be a uniform appearance with chairs placed with equal space
around the tables.
Wash All Bard Surfaces of Furniture Using a cloth or sponge dampened in a
germicidal detergent, completely clean all flat surfaces, table and chair legs or supports to
remove spills, spots, dirt, lint, etc. Gum should be removed from any surfaces to which it
is adhered. Use appropriate cleaner solution for type of table i.e. wood, metal so as not to
damage surface of table.
Spot Removal on Carpets: Carpets will be checked daily for stains. All stain areas will
be treated with spot cleaning solutions, following the direction of the manufacturer for
the specific stain involved. Spot cleaning will continue until as much, of tb-- stain as
possible is removed. After cleaning to remove spots, the carpet should be free from
visible spots and stains.
Clean and Disinfect Customer Counters: Remove any non-permanent stains, spots
and/or spills from all counters, using a germicidal detergent solution. Cloths used shall
be different than those used in the bathrooms.
Dust Mop and/or Sweep Non-carpeted Floors: Prior to sweeping or dust mopping, all
surface litter such as paper, gum, rubber bands, paper clips, spills, etc. will be picked up.
The entire area that is to be swept will be thoroughly cleaned to remove dust, dry soil,
and other surface debris. All areas such as under chairs, trash receptacles, and other
furnishings, which are accessible, and behind doors, will be swept. After sweeping,
surfaces, including corners, and places inaccessible to the mop, will be free of all visible
soil, streaks, litter and spots caused by spills.
Damp Mop Spills on Non-carted Floors: When stains and soil are not removed by
the dry cleaning methods, they are to be removed by spot damp mopping. After spot
mopping, the floor surface will present a clean appearance, free of spills, spots, film and
Invitation to Bid - Professional Custodial Services 7
I
other stains which can be removed by the application of detergent from a well wrung
damp mop.
Wet Mop Non-carpeted Floors: Entrance mats will be removed and cleaned. The
surfaces will be swept or dust mopped prior to wet mopping to remove all loose soil and
dust. All accessible areas will be mopped to remove all soil and non-permanent stains.
After mopping, the floors will have a uniform appearance with no streaks, film, swirl
marks, detergent residue, mop strings or other evidence of soil. There will be no splash
marks left on the baseboards. Any splash marks will be removed immediately. The
entrance carpet will be replaced when the floor is completely dry.
MINOR CONSTRUCTION CLEANUP: Minor construction cleanup includes removal of
dust, loose debris, etc. that would be picked up or cleaned during a regular Custodial
Service. This will be considered part of the contract. NOTE: LARGE DEBRIS, PILES
ETC. due to construction is not considered part of the contract.
Wash Light Fixtures: The diffuser or light globe will be removed, cleaned and
reinstalled. The fixtures and the diffuser will be damp-wiped, the fluorescent tubes or
light bulb will be dry-wiped to remove all visible dust and soil. The diffuser and globe
will be cleaned on both sides and dried. After cleaning, the fixture will be free from dust, .o
oily soil, smudges, streaks, etc. Any adjacent area soiled by the cleaning process will
also be cleaned. (To be completed annually, in April).
Wash All Exterior Window Glass: Completely clean both sides of all exterior building
window glass. All areas adjacent to the window glass, including the frame and sills, will
be cleaned. After cleaning, the surface will present a uniform appearance free of all
smudges, fingerprints, stains, streaks, lint, etc. Areas adjacent to any window glass,
which is soiled by cleaning of the glass, will be completely cleaned and restored. (To be
completed annually, in May).
Wash All Interior Window Glass: Completely clean both sides of all interior office
window glass. All areas adjacent to the window glass, including the frame and sills, will
be cleaned. After cleaning, the surface will present a uniform appearance free of all
smudges, fingerprints, stains streaks, lint, etc. Areas adjacent to any window glass, which
is soiled by cleaning of the glass, will be completely cleaned and restored.
Routine Attention: After performing custodial tasks in any area, attention must be paid
to the following details: straighten venetian blinds or draperies, close windows, turn off
lights, close and lock doors.
Wash Venetian Blinds: In the cleaning process, both sides of the blinds will be cleaned
in place. DO NOT REMOVE BLINDS. The hardware will not be damaged and the
blinds will operate properly. Blinds must be completely dried after cleaning. After
cleaning, the blinds will have all visible soil, smudges, non-permanent stains, streaks, etc.
removed and will present a uniform clean appearance. Contractor shall be responsible for
Invitation to Bid - Professional Custodial Services 8
damage and installation, and operation if blinds are removed for cleaning. (To be
completed annually, in May).
Carpet Cleaning: Machine shampooing of carpet is to be performed in accordance with
manufacturer's recommended practices. The Contract Administrator prior to shampooing
of carpet shall approve the cleaning method. The carpet shall be vacuumed thoroughly to
remove all loose dirt before shampooing. All carpet shall be shampooed semi-annually.
(To be completed in April and October).
Waxing of Vinyl Flooring: All waxing and buffing is to be performed in accordance
with manufacturer's recommended practices. Area will be swept to remove all loose soil
and dust before stripping. Floors are to be stripped of all wax prior to new wax
application and buffing. Clean all baseboards after application. Hard surface vinyl
flooring will be stripped, waxed and buffed on an annual basis. (To be completed in April
or October).
i
Invitation to Bid - Professional Custodial Services 9
ServiceamsT-u
ServiceMaster Building Maintenance of Tigard
Professional Custodial Services Bid
for
City of Tigard
October 31, 2000
ServiceMaster Building Maintenance of Tigard
Professional Custodial Services Bid
City of Tigard
Table of Contents
Section Description
1 .................................Management Letter
2 .................................Corporate Profile
3 .................................Bid Form
4 .................................Exhibit A - Contractor Experience Form
5 .........................Exhibit B - Walk-Through Inspection Form
6 .........................Acknowledgment of Addenda
7 .........................Non-Collusion Affidavit
8 .........................City of Tigard Business License
ii.~' Commercial ServiceMaster Building
Cleaning Services Maintenance of Tigard
16570 SW 72nd Avenue
Portland. OR
October 31, 2000 503/624-6148 7224
Fax: 503/598.9819
Ms. Terry Muralt An independent business lireused
Purchasing Department to serre ),Ott br Set rice.Vatster
Reaidentln11Conu4arctrtI Serrice;
City of Tigard Limited Partnership
13125 SW Hall Blvd. 97223
RE: Professional Custodial Services Bid
Dear Ms. Muralt:
Thank you for the opportunity to present this bid for Professional Custodial Services at the City
of Tigard. As your current vendor for custodial services, we are excited at the prospect of
renewing our commitment to the City and look forward to continuing our work with the City.
Our experience with the prior contract will provide the City with several benefits including the
following:
- Employees that are veryfamiliar with cleaning the City's facilities.
- Personnel which are fully trained in the City's security policies and procedures.
- Experience in cleaning all of the City's facilities.
- A workforce which has been cleared by the City.
- A contractor licensed to do business in the City of Tigard.
In addition, we have demonstrated our responsiveness through numerous calls for service outside
the scope of the current contract (emergency cleaning, cleaning for special events, etc.). Our
location within Tigard allows us to respond quickly to these needs with experienced personnel.
In addition to the requirements of the bid, we have enclosed a brief Corporate Profile for your
review.
Thank you again for this opportunity to be of service. We look forward to many more years of
service with the City. If you have any questions about our bid, please feel free to tali me at (503)
624-6148.
Sincerely,
ServiceMaster Building Maintenance of Tigard
Edward T. Shearer
President and General Manager
Ca111-800-WE SERV7.
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ServicemAsTa
Corporate Profile
ServiceMaster Building Maintenance of Tigard (SM-Tigard) is a locally owned and operated
franchise of the ServiceMaster Company L.P. (a Fortune 500 company with revenues in excess
of $4.0 billion). ServiceMaster has provided commercial cleaning services since 1929 and is
widely recognized as the premier provider of commercial cleaning services.
As a locally owned and operated business, SM - Tigard provides customized commercial
cleaning services to our customers while receiving the benefits of a Fortune 500 company. As
such, customers receive the best of both, a local service provider which can respond quickly to
the needs and demands of its customers and a national company with the resources to provide the
latest in cleaning technology, management training, compliance with emerging government
regulations and a worldwide support network.
SM - Tigard has operated in the Portland metropolitan area since 1983 and has over 90
customers (with over 150 locations) under contract representing over 3.2 million square feet of
space cleaned nightly. The company employs over 190 associates and generated revenues of over
$3.8 million for 1999 and $3.2 million for 1998. Growth has come primarily through winning
new customers by providing our current customers with outstanding service. Customer retention
has remained very high over the past five years.
SM - Tigard has three primary objectives:
1) Satisfy Customers - Our employees strive to provide high levels of customer
satisfaction. Without satisfied customers, our company cannot accomplish any other goal we set.
Satisfied customers are the key to growth, profitability and an enjoyable working environment
for our employees. There is no such thing as a great company or a great place to work without
satisfied customers.
2) Develop People - As a company which primarily delivers cleaning services, the need
to develop people is paramount to our success. We devote a great deal of resources and time to
recruiting, screening, hiring, training and developing people. Without the mandate to develop our
employees, it would be impossible to satisfy customers.
3) Grow Profitably - Profitable growth provides for the accomplishment of our first two
objectives. Growth allows for the development of our people. Without growth, our people would
not have the opportunity to develop, use new skills and talents and advance in their vocation.
Profits pay for this investment in people to satisfy our customers.
All three objectives are inter-related and inter-dependent. The accomplishment of one objective
depends upon the achievement of the other objectives.
Service-mAsTEP
SM - Tigard is established as a corporation chartered in the State of Oregon. The company
currently maintains offices in Tigard, Lake Oswego and Downtown Portland.
SM - Tigard provides a full range of commercial cleaning and disaster restoration services.
These services include nightly cleaning, hard surface floor care for all types of flooring (vinyl,
marble, terrazzo, wood, concrete, tile, static dissipative, etc.), carpet care and cleaning (bonnet,
steam cleaning, truckmount extraction, stain removal, carpet dyeing, etc.) window washing,
restroom sanitation, general housekeeping, upholstery and drapery cleaning, construction
cleaning, day porter services, flood and fire emergency response and cleaning and flood and fire
reconstruction.
SM - Tigard is a licensed General Contractor within the State of Oregon (CCB#: 103644).
SM - Tigard is an active member in the Portland Chapter of the Building Owners and Managers
Association. This professional association provides extensive information and resources on
topics related to the management of commercial and public works facilities throughout the
Portland Metropolitan area.
SM - Tigard currently provides commercial cleaning services on a nightly basis to over 2.6
million square feet of cleanable space. We have provided the following breakdown of the types
of facilities cleaned:
Description SOFT Cleaned
Office 2.025,000
Medical 320,000
Warehouse/Mfg. 410,000
Retail 396,000
Detention Facilities 100,000
Total 2,751,000
SM - Tigard provides a full 24-hour response capability'. Qualified disaster restoration
technicians are on-call 24 hours per day, seven days per week. The highest level of response is
reserved for those customers with a current janitorial contract.
i Pre-employment screening consists of criminal background checks. psychological testing to
determine suitability for service work and personal interviews to determine fit with the company
and work offered. Additional information is available upon request.
ServicemAsTER - - -
The Company currently provides training targeted at three levels:
1) Janitor - Initial training is focused on how to clean, safety and hazardous material
compliance training. Additional training is provided in specialized subjects such as cleaning for
medical facilities, banks, etc. All new Janitors/Day Porters are required to
undergo an eight hour initial training session prior to placement in the customer's facility.
2) Floor Care Technicians - Training is focused on developing specific job skills such as
waxing floors, shampooing carpets, window washing techniques and disaster restoration training.
The primary training course for this is ServiceMaster's Four Star Training Program. Additional
training in specialized job skills is available.
3) Supervisor/Manager - Training is focused on training and motivating employees,
project management, conflict resolution and customer satisfaction.
Continuing education is provided by the Company in the form of training classes organized into
training tracks which focus on specific areas. Re-training sessions are routinely handled by the
supervisory and management personnel.
The Company currently maintains backup personnel as a contingency for any employees that
may miss work due to illness, vacation, etc. The contingent work force currently totals approx.
8% of production employees. In addition, the Company's Floor Technicians, Supervisors and
Managers are all familiar with the tasks required and are able to provide backup support. In the
event of poor weather conditions, the Company's vehicles have been outfitted with the
appropriate equipment to bring employees to work and return them home. The Company is not
unionized and, as a result, does not experience work stoppages due to strikes.
Employee appearance standards require that employees maintain a neat and orderly appearance.
Long hair is to be bound and/or covered. Excessive jewelry is prohibited and tattoos are required
to be covered where practical.
All ServiceMaster employees are required to wear an identified uniform shirt (T-shirt or polo)
and uniform pants or jeans (no holes) Footwear standards prohibit sandals, dress shoes and open-
toe shoes. Uniforms and clothing must be maintained and clean.
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CITY OF TIGA" CIO
Professional Custodial Service
SID FORM a e 1 of 2
TOTAL EST. NUMBER OF MONTHLY COST I
CpSTODIAL SERVICES:
HOURLY RATE WORK HOURS EMP
L_-OCATS I
$ 3,894.44
1. City Hall Building 364 3
3
13125 SW Hall Blvd. $ 10.71
Square Feet: 38,750
0.2 $ 192.78 `
2. Human Resource Building 18 1---'~
8720 SW Burnham $ 10.71
Square Feet: 2,240
0.6 824.67
$ 1
3. Water Building 77
8777 SW Burnham $ 10.71
Square Feet: 10,420 0.2 1
246.33 1
$ j
4. Public Works Building 23
12800 SW Ash Ave. $ 10.71,
Square Feet: 2,840
$ 1,006.74
0.7
5. Tigard Senior Center 94
8815 SW O'Mara St. $ 10.71
Square Feet: 8,110
107.10 ~
6, Cantebury Storage
10 r'" $
uy
`
10490 SW Cantebury Lane $ 10.71 $ 6,272.06 ✓ l
Square Feet: 60 Total
Samoa
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CITY OF TIGARD
Professional Custodial Service
h'
BID FORM (page 2 of 2)
ADDITIONAL SERVICES
HOURLY RATE ~
Cleaning of all window coverings (Venetia( blinds). $ 25.00
Floors (resilient and hard i.e. vinyl) Strip, clean, refinish, machine polish $ 25.00
Machine shampoo all carpeted areas $ 25.00
Exterior window washing (inside and out) $ 25.00
i
1 acknowledge that I have read the "Invitation to Bid - Professional Custodial Services" and the Contract for Personal Services. If awarded
the contract, I agree to all the terms and conditions contained therein.
Company Name: ServiceMaster Building M intenance of Tigard
i
Authorized Person: Edward T. Shearer le: President
i
Address: 16570 SW 72nd Avenue
Portland, OR 97224
1
Phone: (503) 624-6148 Date: 10/30/00
i
~8r1JZ~8tL1~ST~~'~
"EXHIBIT A"
CITY OF TIGARD
PROFESSIONAL CUSTODIAL SERVICES
CONTRACTOR EXPERIENCE FORM
NAME OF BIDDER: ServiceMaster Building Maintenance of Tigard
Reference Customer: Pacific Realty Associates, LP
Address: 15350 SW Sequoia Parkway
Portland OR 97224
Representative to Contact: John Wiitala Phone: (503) 624-7787
Length of Service: 11 years From 1990 To present
Type of Building Served: Office Buildings (11) Number of Employees 700+
Square Feet: 500,000+
Services Provided:
Nightly janitorial services, sanitize restrooms, vacuum carpets, sweep and mop floors, remove
trash and recycling, dust furniture and ledges, wash windows, shampoo carpets, day porter
services, strip and wax floors, disaster restoration services including flood and fire damage,
cleaning of light fixtures, day-time cleaning services, ;raffitti removal and all other specialized
cleaning services.
Notes: Two full-time day porters service the Tigard area for this customer.
J
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Servicawm
"EXHIBIT A"
CITY OF TIGARD
PROFESSIONAL CUSTODIAL SERVICES
CONTRACTOR EXPERIENCE FORM
NAME OF BIDDER: ServiceMaster Building Maintenance of Tigard
Reference Customer: Melvin Mark Properties
Address: 1 I 1 SW Columbia Suite 1380
Portland, OR 97201
Representative to Contact: Brad Knodell Phone: (503) 223-4777
Length of Service: 11 years From 1990 To present
Type of Building Served: Office Buildings (4) Number of Employees 400+
Square Feet: 300,000+
Services Provided:
Nightly janitorial services, sanitize restrooms, vacuum carpets, sweep and mop floors, remove
trash and recycling, dust furniture and ledges, wash windows, shampoo carpets, strip and wax
floors, disaster restoration services including flood and fire damage, cleaning of light fixtures,
day-time cleaning services, graffitti removal and all other specialized cleaning services. Day
porter services provided.
Notes: Full-time day porter provided.
{
1
"EXHIBIT A"
CITY OF TIGARD
PROFESSIONAL CUSTODIAL SERVICES
CONTRACTOR EXPERIENCE FORM
NAME OF BIDDER: ServiceMaster Building Maintenance of Tigard
Reference Customer: Multnomah County - Oregon
Address: 2505 SE 11th Avenue
Portland, OR 97202
Representative to Contact: Warren Grey Phone: (503) 248-5070
Length of Service: 2 years From 1998 To present
Type of Building Served: Office and Detention Facilities Number of employees 300+
Square Feet: 500,000+
Services Provided:
Nightly janitorial services, sanitize restrooms, vacuum carpets, sweep and mop floors, remove
trash and recycling, dust furniture and ledges, wash windows, shampoo carpets, strip and wax
floors, disaster restoration services including flood and fire damage, cleaning of light fixtures,
day-time cleaning services, graffitti removal and all other specialized cleaning services. Weekend
cleaning is also provided.
P4 Notes: Several full-time day porters provided.
F,
ca
a
"EXHIBIT A"
CITY OF TIGARD
PROFESSIONAL CUSTODIAL SERVICES
CONTRACTOR EXPERIENCE FORM
NAME OF BIDDER: ServiceMaster Building Maintenance of Tigard
Reference Customer: Ci of Tigard
Address: 13125 SW Hall Blvd.
Tigard, OR 97223
Representative to Contact: _John Roy Phone: 5( 03) 639-4171
Length of Service: 5 years From 1996 To present
Type of Building Served: Municipal Buildings (6) Number of Employees 300+
Square Feet: 62,000+
Services Provided:
Nightly janitorial services, sanitize restrooms, vacuum carpets, sweep and mop floors, remove
trash and recycling, dust furniture and ledges, wash windows, shampoo carpets, day porter
services, strip and wax floors, disaster restoration services including flood and fire damage,
cleaning of light fixtures, day-time cleaning services, graffitti removal and all other specialized
cleaning services.
A
"EXHIBIT B"
CITY OF TIGARD
ITB - PROFESSIONAL CUSTODIAL SERVICES
WALK-THROUGH INSPECTION FORM
I have personally completed a Pre-Bid Conference and walk-through inspection of each of the buildings
listed below. The inspection took place at 1:00 p.m. on October 19, 2000.
Peter J. Vranizan
Name - Printed
Signature
ServiceMaster Building Maintenance of Tigard
Name of Business Represented
CITY BUILDINGS REOUIRING CUSTODIAL SERVICES:
1. City Hall including Library, Police and Modular Units 13125 SW Hall Boulevard
2. Human Resources 8720 SW Burnham Street
3. Water Building including Shop Area 8777 SW Burnham Street
4. Public Works Building including Shop Area 12800 SW Ash Avenue
a 5. Senior Center 8815 SW O'Mara Street
i
a 6. Cantebury Storage 10490 SW Cantebury Lane
a
3
I
ServkreamsTER
ACKNOWLEDGMENT OF ADDENDA
Bid For: Professional Custodial Services
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA:
(If none received, write "None Received")
1. Addenda # 1 3.
2. 4.
10/31/00
Date
Signature of Bidder
President
Title
ServiceMaster Building Maintenance of Tigard
= Corporate Name
i
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3
NON-COLLUSION AFFIDAVIT
Bid For: Professional Custodial Services
STATE OF Oregon
County of Washington
I state that I am President (title) of _ ServiceMaster Building Maintenance of Tigard (name
of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am
the person responsible in my firm for the price(s) and the amount of this bid.
I state that:
(l) The price(s) and amount of this bid have been arrived at independently and without consultation,
communication or agreement with any other contractor, bidder or potential bidder except as disclosed on the attached
appendix
(2) That neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate
amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be
disclosed before bid opening. 41.
(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this
contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of
complementary bid.
(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or
inducement from, any firm or person to submit a complementary or other noncompetitive bid.
(5) ServiceMaster Building Maintenance of'rigard (Name of firm), its affiliates, subsidiaries, officers, directors and
employees are not currently under investigation by any governmental agency and have not in the last four years been
convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or
collusion with respect to bidding on any public contract, except as described in the attached appendix.
1 state that ServiceMaster Building Maintenance of Tigard (name of firm) understands and acknowledges that the above
representations are material and important, and will be relied on by the City of Tigard in awarding the contract(s) for which
this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as
fraudulent concealment from the City of Tigard of the true facts relof bids for this contract.
_ (Authorized Signature)
f
ServiceMaster Building Maintenance of Tigard !President
'I (Name of `Company/Position)
Sworn to and subscribed before me on this day ofd(', 2000.
V1
otary Public of Oregon
OFFICIAL SEAL
MICHELLE R MICHELS. M Commission Ex p NOTARY' Pt iILIC-0:'.cuON Y P
COMMISSION NO.320073
MY COMMISSION "c. Pl,9ES JAS:. 2), 2003
13 oiJ SI.NIESS TAX RECE] 'yf
13125 SW RAU BLVD., TIGARD, OR 97223
(503) 639-4171
N O. 6328 EXPIRES: 12/31/2000
TYPE OF
BUSINESS: JAN ITORIAUCARPET/WINDOWS BUSINESS
PHONE: 503-624-6148
BUSINESS
NAME: SERVICEMASTER BUILDING MAINTENANCE
ADDRESS: OF TIGARD
16570 SW 72ND AVE
PORTLAND OR 97224-
THIS RECEIPT)AUST BE POSTED IN A CONSPICUOUS PLACE AT THE BUSINESS ADDRESS AND IS NOT TRANSFERABLE
If you have any questions about your BusinessTax Receipt or doing business in Tigard,
please contact the Business Tax Specialist at (503) 639-4171 x427.
NOTE: The Tigard Municipal Code 7.24.120(4) has imposed reasonable restrictions on "Door-To-Door" solicitation
and canvassing. commercial and noncommercial within the citv limits of Tiaard.
The Tigard Municipal Code 7.52.080(a) restricts the selling of goods or services in anv City Darks.
A Business Tax Receipt does not imply City approval or endorsement to operate the business or the
location of the business.
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SERVICEMASTER BUILDING MAINTENANCE
SHEARER CO INC
16570 SW 72ND AVE
PORTLAND OR 97224-
CBM Systems Inc
Corporate History and Overview
CBM systems was founded in 1974 with the idea of taking an uncomplicated trade and doing it better
than the competition through enthusiasm, improved organization, and personal attention to the customer.
Our first customers were small commercial businesses. The only reason they would talk to us is that they
were upset enough with their situation to try a new company. It wasn't long before that perspective began
to change through our reputation to get the job done better than the competition.
Service was performed exclusively in South Puget Sound area for the first ten years. There we enjoyed
solid controlled growth through our reputation for delivering exactly what we promised. Exceeding our
sales commitments and dedication to service excellence allowed us to expand our services to the larger
commercial customers. Many new larger customers were added in the cleaning niches of the industrial
and medical sectors. We were bypassing many of the larger competitors in market share and client
satisfaction.
In 1984, a strange thing happened. Fairchild Camera and Instrument built something called a FAB in
Puyallup Washington. People running around in white "space suits" working on computers making
something called a wafer. Again, our reputation for performance allowed us to expand into a new
industry. CBM won the contract. We performed so well that we serviced it for over 10 years surviving
three ownership changes until the plant's last days. While we were there, executives suggested that we
take our cleaning knowledge to a broader market, in a place called the Silicon Forest.
In 1990, CBM of Oregon was formed and began business to serve Portland Metro Area clients. CBM has
been registered and meets the resident bidder requirements since that time. Our regional office in
Hillsboro, has grown to 175 plus people with annual revenues of around 5 million. We are continuing to
gain market share through the same basic principle of caring for line personnel, superior quality
processes, and personalized attention to the customer.
Today, our Expertise, Systems, and People have allowed us to continue to expand our company. This has
been through creating an enhanced cleaning experience while reducing the client's long term costs. The
cleaning markets that we have grown to specialize in are Hi-tech, Hospitality, Industrial, Food processing
and Medical. Our core competencies and knowledge base are in the disciplines of management, service
quality engineering, behavioral sciences, logistics, and communications dynamics.
a
i Our people and expertise have cre<ted some unique opportunities for us. We have pro~gded consulting
a services for critical environments through the US, UK and the Orient. A five-year successful joint venture
with a Fortune 500 company in New York for General Electric Our commitment to service excellence
has taken us to the Phoenix market where we have opened an office based on the demand for our high
tech expertise. Our newest division has taken into the Hotel/?Motel market where we are seeing good
acceptance and growth. There are some 300 plus service people committed to providing enhanced
y cleaning experiences to our clients
a
i Now with Twenty-six years of experience in providing cleaning systems for challenging environments,
CBM is a recognized leader that continues to grow. The philosophy of taking an uncomplicated trade and
doing it better than the competition through enthusiasm. unproved organization, and personal attention to
tiic customer prove to continue to be a winning formula for ('BM employees and clients in the new
millennium Great service is never outdated
yy
CITY OF CTIG~Q1•vice
ust a of 2
professlona e 1
FORM
MBE ES MpNTHLY COST
TOTAL EST• E~PLpYE
WpHHOmRS
L SERVICES= Y RATE $ 6k6 31
C-OSTODIA HOUR'
LOCH j '3 '
1 City hall Building
Blvd. $ $
13125 SW "all square Feet: 39,150 G
2. c~ t. 3, X10
esource Building k6-
KumaSn R Burnham $ 3
820 W
Square Feet. 21240
Water Building $ ! J,6 $ . 1 t
3'1 ~7 SW Burnham
Square Feet: 10,420
Works Building 6
4 Public sh Ave.j~ $ I
12900 SW A 2 940
Square Feet:
L $
5, Tigard Senior tS~ 9dv
8g15 S`N O'Mara Square Feet: 8,110
Canterbury Storage anterbury Lane $ t~.ct,~ V
10490 SW C 22
Square Feet. 60 j
AAA
fessionalo PNldiat Services
Pro
levitation to t 2000 at
r traces: October 3
CITY OF TIGARD
professional c ontustod'ialaService
e 2 of 2
BIB-FORM
HOURLY RATE
a
ADDITIONAL SERVICES:
Of all window coverings (Venetian blinds). $
o~
Cleaning refinish, machine polish D
1 $ ~
Floors (resilient and hard i.e. viny) Strip, clean,
all carpeted areas
Machine shampoo
Exterior window washing (inside and out)
the Contract for Personal Services. If awarded
"Invitation to Bid -Professional Custodial Services" and
I acknowledge that I have read the
the contract, I agree to all the terms and conditions contained therein.
(UI a re ova sad e ~ov►su ~ ~ ~
Company Name: Tltle .
On a
Authorized Person: 1
3 5 ~5 ,~n J i ~4
Address:
AVM r Y Date:
O S ~ ~
Phone:
23
Invitation to Bid - Professional Custodial Services
Closes: October 31, 2000 at 3:00 PM
"EXHIBIT A"
CITY OF TIGARD
PROFESSIONAL CUSTODIAL SERVICES
CONTRACTOR EXPERIENCE FORM
NAME OF BIDDER: ~I I ~iT~KLS x
Reference Customer: KTRj~AI t X
Address LIDt.),4gn _A/aa i. jod
Representative to Contact: Phone:-,,'o; - ( 22-7- 1.s--
Length of Service: I AFT ,mss From t- K19-3 ot' l y k o ~T
Type of Building Served: t w r-r, nX) No. Of Employees-2 6a
Square Feet: 1 20>l Mn
Services Provided:
I t RD~yt~ r o t s-rnNiAt_
L\I~17nU! 1~1/4c}-I~r~r~
4!,DELJAL Tv ~re~nr.~ s~ (,1sm~-Qc~,.l c t Ea,~<t7 1
x
H
a .
a
W
a
Invitation to Bid -Professional Custodial Services 24
Closes: October 3 I, 2000 at 3:00 PM
"EXHIBIT A"
CITY OF TIGARD
PROFESSIONAL CUSTODIAL SERVICES
CONTRACTOR EXPERIENCE FORM
NAME OF BIDDER: C.50A
Reference Customer: can, ,c TAR
Address t Sc tJ .
942- _
Representative to Contact:' _-afmr Phone:
~3
Length of Service: (,2 Wk-,. 10mn t . Frorn-LZ
To ~ , ~ ~QF 1
Type of Building Served: 0i=i=t _sj_--y oAL_ No. Of Employees 2.570
Square Feet: ~no.r,-~ .
Services Provided:
(.U 1)1,6,L (•OFI=IPF-G CAFEL-re -JA, C-r-iMM00 eN"^C &5 &M &S
l L ~Al~llel<7~tYt ~ cI STn t7 fA 1_
it
Invitation to Bid - Professional Custodial Services 24
Closes: October 31. 2000 at 3:00 PM
"EXHIBIT A"
CITY OF TIGARD
PROFESSIONAL. CUSTODIAL SERVICES
CONTRACTOR EXPERIENCE FORM
NAMEOF BIDDER: Ca~►-1
Reference Customer: TK
Address 13334- j;kw Ar3
{Q~-M,3 tOK 9 7C27s
~s1~~ - X 2 9 4►
Representative to Contact:_ Q & ne i j Phone:
Length of Service: 4 118 2 t mnS, From 4-~q
Type of Building Served: ,=1 /,~,e rn; )LTIn~ No. Of Employees 2®0
Square Feet: Q0. c;00
Services Provided:
l ,r ]~"~j~~ br=F1 FSr„RRcnr ~.r:~s~ ~~T r~nq~srwvvnn~ .AaFs s
lit FAA)+~ISDM EISTo~tt+.~
r1k►«r?'T' C~~2x'
Inl„Ja~„a 1„s~st-It~~r
s
Invitation to Sid - Professional Custodial Services 24
Closes: October 31, 2000 at 3:00 PM
"EXHIBIT A"
CITY OF TIGARD
PROFESSIONAL CUSTODIAL SERVICES
CONTRACTOR EXPERIENCE FORM
NAME OF BIDDER: C EPA Reference Customer: nx
Address t_cn ►Vt t c 1 31 1STQ►~}! P+c
1► 97070
Representative to Contact: s. lc EW 146 • Phone: sc~ • (agS- 2 771&
Length of Service: t_ eE s From rt.L 19 3 To "O-r
Type of Building Served: ~or~u~rloa No. Of Employees, L2n7_
Square Feet: ISM arc-)
Services Provided:
/ r q
C "r1Mr_>1AL\ U r=lrg ~T, gya}nwrer-A~e.c
1 earl R^oM ilSTnt'~a~
Trl_=tt P?rQF 4 /:Aril AOF
c A"FLAWT,j 4e1PylfF'4i
1
{
{
{
3
invitation to Bid - Professional Custodial Services 24
Closes: October 31. 2000 at 3:00 PM
"EXHIBIT A"
CITY OF TIGARD
PROFESSIONAL CUSTODIAL SERVICES
CONTRACTOR EXPERIENCE FORM
NAME OF BIDDER: .rte ~d _ I .r .
Reference Customer: L N~drt im,,,N~ ►
Address ~,2~~0 :1.tJ -~c ~~„r, t3►
C A mA s, WA, 9 ?(,,o]
Representative to Contact: chop) W tj4--s to Phone: i~ moo- 834- I gm
Length of Service: 4.6 O.
F,C1Dr Jr -noiJ No. Of Employees I XD
Type of Building Served:
Square Feet: expo
Services Provided:
C ca„ .R~orv1 r nDHai y
L~~in'~~Q~ 111►.51..11tiC
ai
Invitation to Bid - Professional Custodial Services 24
Closes: October 31. 2000 at 3:00 PM
ACKNOWLEDGMENT OF ADDENDA
Bid For: Professional Custodial Services
UWE HAVE RECEIVED THE FOLLOWING ADDENDA:
(If none received, write "None Received")
I. Njenao 3.
2. 4.
1v13016-2
Date
Signature of Bidder
Title
C 6/w a
Corporate Name
n
Invitation to Bid - Professional Custodial Services 28
Closes: October 31. 2000 at 3:00 PM
NON-COLLUSION AFFIDAVIT
Bid For: Professional Custodial Services
STATE OF Oregon
County of V 0a 4` 1
I state that I am l_6-A5 a Ha r,-1 (title) of(#A(d g: p t_(name
of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and bffiicers. [am
the person responsible in my firm for the price(s) and the amount of this bid.
I state that:
(1) The price(s) and amount of this bid have been arrived at independently and without consultation,
communication or agreement with any other contractor, bidder or potential bidder except as disclosed on the attached
appendix.
(2) That neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate
amount of tvis bid, have been disclosed Warty other firm or person who is a bidder or potential bidder, and they will not be
disclosed before bid opening.
(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this
contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of
complementary bid.
(4) The bid of my firm is.made in good faith and not pursuant to any agreement or discussion with, or
inducement from, any firm or person to submit a complementary or other noncompetitive bid.
(5) 6 b M [-f a-e a f1-!'1 (Name of fu-m), its affiliates, subsidiaries, officers, directors and
employees are not currently under investigation by any governmental agency and have not in the last four years been
convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or
collusion with respect to bidding on any public contract, except as described in the attached appendix.
I state that C 8Al 6f Or fq I (name of firm) understands and acknowledges that the above
representations are material and important, nd will be relied on by the City of Tigard in awarding the contract(s) for which
this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as
fraudulent concealment from the City of Tigard of the true facts relating to the submission of bids for this contract.
OFRCIAL SEAL (Authorized Signature)
JEREMY BALL
NOTARY PUBLICOREGON
COMMISSION NO. 328305
OW 9 / COMMI~ION asRES OCT. 20.2003 A4 UV e aq le r QrrSk k l a/I /
(Name of mpan osition)
S~
Sworn to and subscribed before me this31 day of 2000
N ry Public for Ore o
i
My Commission Expires: r e~~ 0~00~
Invitation to Bid - Professional Custodian Services 29
Closes: October 31. 2000 at 3:00 PM
t '
October 26, 2000
GENERAL DESCRIPTION
Unequalled Janitorial, Inc. is an Oregon corporation, established in
1988. The company operates in Multnomah, Washington, Clackamas, Marion
and Clark Counties.
Unequalled Janitorial Company, Inc. is experienced in all phases of
commercial cleaning, including cleaning since 1989 at the Portland
Airport for Horizon, American and Alaska Airlines. We also currently
maintain several Class A office buildings for Grubb & Ellis, Forum
properties, Grey Company Realtors, and Nato Properties. In addition,
we clean over 50,000 square feet of medical facilities each and every
night.
Our service includes:
Janitorial
Carpet cleaning
Window cleaning
Hard floor maintenance
Parking lot cleaning
Construction clean
Grout sealing
Annual company revenue is approximately 3.5 million.
OFFICE LOCATION:
2569 NW Division, Gresham, OR 97030
OFFICE AND MANAGEMENT STAFF
Linda Shaw oversees all aspects of the operation.
President & CEO Particularly hiring, and training of new
employees. Se helped found company.
Shawn Gettys Handles all estimating and proposals,
Vice President assists Linda in customer service.
Chris Helgason Communicates regularly with supervisors.
General Manager Handles majority of customer service,
assists in training. 5 years with Unequalled
R
f
Helen Carpenter Communicates regularly with supervisors.
Operations Manager Assists in training, particularly safety and
government regulations. Assists in customer
service. 3 years with Unequalled.
Joan Gibson Oversees company accounting and payroll.
Office Manager 2 years with Unequalled.
Angela Wilson Assists and communicates regularly with
Admin. Assistant supervisors and customers. Orders supplies for
crews.
i
a
i
11
1 ~
t
1
t
i
Ran
CITY OF TIGARD
Professional Custodial Service
BID FORM (paize 1 of 2)
(TSTODIAL SERVICES:
TOTAL EST. NUMBER OF
HOURLY RATE WORK HOURS EMPLOYEES DSO"t i IL1 C:'
C;t•. }-tali Bu11dinp-
12~ S% half Blvd. C)o / V3
SOuare Feet: S.750 $
' i-lt:^rts~ ReS~u;ce Buildin~~ _ / i
} a
ti710 S\k' Bttrnlz'un 0 ~~r I C /l`li l: I
$ I -
Square Feel 2.2-40
"Va tel~ BIL11Id1110 OO
• j; S\~' Burnham ~ ~ ~ ' Ct
$ $ 1
Square Fee; 10.420
abLc Worris Butlduig
3
_SOO S Ash Ave a
~,cuare Feet S40
:;d Sesiar (e:uer
. :1u.:bur•. ~t,ra,~e
[
s/5,53 ` L~f
;u i'tu i'rc C~swna! Custodial Services -
c:ohc ,nn;) _'.00 Pit
Sam CITE OF TIGA"
See Custodialarvice of 2
BID ~'ORN~ cont'd
xOURL~ BATE
S
ES : G
-\DDIT10.4.6-SLR 1C
ndo\\ coy ermgs (Venetian blinds)-
.
ne palish S
machi
;uv n
vinyl)
1- t i'tti111Ci11 ;rnd hard 1e. Strip, clean> refinish,
S
~,lachin= shampoo all carpeted areas
~indo~~• ~.~ashing (inside and out)
es" and the Con for Personal Services
tract .
Professional Custodial Servic
nation to Bid -
ha, L ha~'e read the "In y C
.••~`-;na•~•leo'=` ` ' ill tern-Is and Conditions contained theretr_.
4 .
area to the tem
v\\Q j cy (N Title: re
c -
•;:~p•~if1v
J
rt'l:~~rized Person. C. . 3v l~
-DO
c
1 Ctu;o61,11 Ser\ ices
~ ;~~sa+.•: pu pal
A
'EXIIIBI1 A"
CITY OF'I'IGARD
PROFESSIONAL CUSTODIAL SERVICES
C,'ONTIZACTOR EXPERIENCE FORM
1F NAME OF BIDDER:C~. co { r
Reference Customer: L
Address ,;4-) C~ S uJ e a t!,
Representative to Contact: :a <--,C-,C TO t~ b~C A- Phone:
Length of Service: 3((2 0- C `7 From ~ (.5' To
Type of Building Served: C : 0t«\e- Osr-~r , --k Q.e\x~,i(No. Of Employees '75 IC)C , f"ck jcA; n~
- Cam- z (e-
Square Feet: 00
Square
Services Provided:
I
C, A O. G
s
N
Invitationn In ISM IY~Ic,snuial Cllstodlal Scrrnx.,
Closes. Ocu~ber ; 1. -2000 at ; 00 I'M
i
"E'XIIIIt IT A..
crrY OF TIGAIZD
PROFESSIONAL C[JS'rODIAL SERVICES
CONTRACTOR EXPERIENCE FORM
\ Co rN--~ C ,
NAME OF BIDDER: ()(\e_c! U c,.& JCn c\--ot ~
Reference Customer: 9C Address L( Q)o In u m
Representative to Contact: SCO-t ~C? r^c\ct Phcne: Sa3-~, ~~t -7
Length of Service: G. From To S l'
Type of Building Served: 6R-Sr' (es>1 Z -a a (e c,,5 -No. Of Employees /D C) - C)
Square Feet: /5
Services Provided:
~`C~~ c c~~ COQ Cx t~ Ca f c Go - P e?C. ' Cec r\\S\
J t
Sc.<Off. -t-o
t
a
i
Itwilatinn to litd l'n~lcs~t~ut;tl t'uau~l~.il `:cr~t~e•• ~ ' 1
0(i-e' October i 1 . 3OO(t at ;tilt I'M
CI'T'Y OF TIGARD
PROFESSIONAL CUSTODIAL SERVICES
CONTRACTOR EXPERIENCE. FORM
NAME OF B[DDER: 0 (\Q Q C~,\\e r) C k cP C L- J (1 c
Reference Customer: C~ J
Address o` 3U \ Iv CG\v ~Y\'ra: ck v C\
Representative to Contact: C-Cso rn\\t' Phone: S-d3-ct
Length of Service: yeckc From To
Type of Building Served: OS-~r;Le s -k• Sv\op . 1, t..n,No. Of Employees- Q
Square Feet: G G
Services Provided:
r
~n C) In
c) y- h rZ ~a~_
r
-I
r
a
III~•uallun lu IiiJ I'r~le:<nul,ll ('n.lu,lcll tirn'li~n ''i
Clow.% ( lelobel i I . 2000 .II i 00 I'M
CITN' OF TIGARD
PROFESSIONAL CUSTODIAL SERVICES
CONTRACTOR EXPERIENCC FORM
NAME OF BIDDER: V tc. `e cc n ~o t ~ti \ ~.o .I (,)C.
Reference Customer: I~IG Sl~a : r 1 nC~
Address jo r) c: `r
YG! C}.t1r`
t Representative to Contact: c C` C, S 1-~ Phone: 1 - Ft
O
Length of Service: C%c:k r c~ From / 5 To C-v c rev-k-
Type of Building Served: 14, c rNe .S No. Of Employees a Jc=
Square Feet: 0, G G C. S r~ K-
i
Services Provided:
I
C e_ e c- C_ \ e -C, <N Ct S , try . 1 C\ C'~ t h i S
C0..C ~Q-~~
i y
0 (1 1 ( C, LA- .
i ~>~nc ~w ~~Sht~G Simi fG
J 7
i
i
Invllahnn lu lild lit (I :unlit t.'ust,a l lit l SCI VICC•. 1
(;IOties f 1ctt,lwf i 1. 311110 :1l 1 00 I'M
"ExilIBIT /v
CI'T'Y OF TICARID
PROFESSIONAL CUSTODIAL SERVICES
CONT'RAC'COR EXPERIENCE FORM
NAME OF BIDDER: U(\C q U Cl 1 IC? & lCiv1
-r, C cx
%
Reference Customer: ti IN, ~`1 U C C
' Address A3 C Sci~~~~ LV
I Representative to Contact: S L c.,
t'-\- Phone:
_,~a3 6 7 50
Length of Service: 2. U C S From
1 c( To Co
f Ce
Type of Building Served: LC No. Of Employees -r 1,O C)
Square Feet: I G G e~ ' ~i. -t-
Services Provided:
P C CAS = lac r1~ r1
i L kj
E) V)
7> ; m: o, s-,- -fin ` f
6
i
E-~
CQ
W
a
IIIV Il;111U11 In Itul I'n,te„n mal t'uNlrnli,11 .'W[VILL".
(,loses (Iclobei i I. `11(10 : (ill 1'~1
" ~ I 1113 I'I' I3"
CITY OF'I'IGARD
I413 - PROFESSIONAL C.'USTODIAL SERVICES
WALIC-THROUGH INSPECTION FORM
[ have personally completed a Pre-Bid Conference and walk-through inspection of each of the buildings
listed below. The inspection took place at 1:00 p.m. on October 19, 2000.
Nam - Printed
Sig afore
U ~\V_, i i CII CK N~z G f- o, C C-) '3~ c
Name of Business Represented
CITY BUILDINGS REQUIRING CUSTODIAL SERVICES:
1. City Hall including Library, Police and Modular Units 13125 SW Hall Boulevard
2. Human Resources 8720 SW Burnham Street
3. Water Building including Shop Area 8777 SW Burnham Street
4. Public Works Building including Shop Area 12800 SW Ash Avenue
5. Senior Center 8815 SW O'Mara Street
6. Canterbury Storage 10490 SW Canterbury Lane
111%,11anon Iu Hid I'odv-,,uui.il t 11"lo l.il servwc" :i
("I•:r, (trt;,hri ; I 'nim et ; ilu I't`1
CITY OF TIGARD
City of Tigard OREGON
ADDENDA #1 `
FOR
PROFESSIONAL CUSTODIAL SERVICES
Bid Closing: October 31, 2000 at 3:00 P.M.
This Addendum changes the "Personnel Information" paragraph under section VI.
! Special Bid .Instructions. (page 9) The City is requesting personnel information from
awarded contractor only. The wording changed is in bold.
"Personnel Information: After the award of contract, but before written notice to
proceed, awarded Contractor shall provide names of employees that will be assigned
to the City of Tigard Custodial Service job. The City reserves the right to complete
background checks on employees assigned to the job. Contractor shall include each
s employee's social security number, Oregon driver's license number, Date of birth and Green
Card if applicable. This information must also be provided prior to a new employee of the
contracting company working on-site at any City facility. Note: No new employee shall
work at any City facility until the City provides Contractor with written approval of that
employee."
Bidder shall acknowledge receipt of all addenda's issued by submitting the
"Acknowledgment of Addenda" with bid. (page 28 of bid packet)
Any questions regarding Addendum, please contact Terry Muralt, Buyer 503-639-4171
ext. 324.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
QUALITY
MAINTENANCE CO.
n
10-28-2000
City of Tigard
Terry Muralt
13125 SW Hall Blvd.
Tigard, OR 97223
Attn Terry,
We wanted to give you an overview of our company and the services we provide. Quality Maintenance Co. has been
classed as one of the better cleaning company in the portland metro area, everyone one of our customers can attest to
the excellence and standard of cleaning which we provide which is second to none. Our customers knows that we are
not one of the " big name" firms that have there employees clean a building, who does not consider that building as
being there's to maintain and take pride in. Our company is owner operated that means that a supervisor and myself
will be present each and every night at every location to assure that each building gets the attention it needs on a
nightly basis.
Our company is not only selling the city of Tigard clean offices or windows, but a service where you can depened on
us to report building problems, responed immediately to emergencies and the assurance that we will give the city of
Tigard 110% cleaning every visit. Our company does weekly inspections on evey monday of the week, this is done to
build a relationship with every department supervisor or manager, so they know who is cleaning there offices at night,
also to address any concerns that they may have and to help them feel more relaxed and assured that if a problem or
emergency should arise we will be there to correct it.
Inspection sheets area sent to every. supervisor that same day, showing them what we found and what inprovments if
any we intend to make, this also gives us the opportunity to see how the building looks in the daytime through the
eyes of the employees and public, and what areas stand out during the day.
We hope that we are given the opportunity to work again for the city of Tigard, and await the results of the bids.
Quality Maintenance Co.
Terrence Samuel
Owner/Operator.
PU Box 249, Wilronrillcr, 97070
Ph (503) 723-879' Far (503) 723-8799 A-Mlcril 01i(vnr111c(Ygcs.com ('('B:: 135793
UALITY
MAINTENANCE CO.
Ilk
L
`7
Here is a list of a few of our references
1. Westwood Swinerton Construction.
Project: Rose Quarter Courtyard by Marriott.
Approx. 140,000 SF. Contact: Dan Kavanau. 222-2000.
2. Hoffman Construction
Project: Amber Glen Business Park.
Approx. 62,000 SF. Contact: Chris Bijork. 221-8811
3. Baugh Construction.
Emanuel Hospital, Ongoing Projects.
Contact: Bob Kentola. 281-4087
4. Andersen Construction
Project: Hedges Green Phase 2
Contact: Bill Birkle. 885-9755.
5. Howard S Wright Construction
Project: Two Centerpoint office building. LKOS.
Approx 120,000 SF. Contact: Vince Sheridan. 220-0895
6. York and Curtis Construction
Project: West Linn Coporate Park.
Approx. 100,000 SF. Contact. Phill Shaurt. 646-2123
7. Hoffman Construction
Project: Riverbend Condominiums.
Approx. 92,000 SF. Contact. Don Bottom 221-8811
8. Baugh Construction
Project: Good Samaritan Hospital
Ongoing projects, Contact. Aaron Branum. 849-0319
PO Box 249• Wilvonrille• OR 97070
Ph (503) 723-8797 I•icr (503) 723-8799 I..-Xfail Uliry~mrlccr'ti;ctc.cam CCB 135793
9.OTKM Construction
Project: Willamette Falls Educational Community Center
Approx. 20,155 SF. Contact: KC Brown. 849-6062.
241-2875.
10. Baugh Construction
Project: Good Samaritan Hospital
Ongoing Projects, Contact: Chip Addabbo. 807-9594
Westwood Swinerton Construction.
Project: Orchard Glen Apartments. (Vancouver WA.)
Approx. 80,000 Sf.
Contact: Maureen Dilly (PM) 222-2000
RH Construction.
Project: Center Square Apartments
Approx. 110,000 Sf.
Contact: Art Brush (PM) 228-7177
Hoffman Construction Co.
Project: First Baptise Church. Mc Minnville
Approx. 33,000 SF
Contact: Bob Nevins 221-8811
J
Hoffman Construction Co
4 Project: Amber Glen 1925 building
Approx: 110,000 SF
a Contact: Darhl Edwards 439-0457
Koffman Construction Co
Josephine County Jail- Grants Pass Or
Approx: 60,000 SF
Contact: Carey Bubenik 221-8811
Westwood Swinerton Co.
Providence Hoodriver Retirement Complex
Approx: 30,000 SF
Contact: Maureen Dilly 220-2000
Baugh Construction Co.
Tigard Co-Op Park
Approx: 126,000 SF
Contact: Chris Hartson 641-2500
Koffman Construction Co.
Fox Tower Misc T.I numerous floors
Contact: Greg Gaske, Matt Swain & Chuck Goss
221-8811
I
I
.V
CITY OF TIGARD
professional Custodial Service
BID FORM (paRe-1-0-1- 21
CUSTODIAL SERVICES*. TOTAL E T. NUMBER OF
wnRK HOURS EMPLO E MONTHI-Y-CAST
LOCATION HOURLY RATE
1. City Hall Building $ 2 8 . /P
13125 SW Hall Blvd. $ 2 ~O
Square Feet: 38,750
2. Human Resource Building y~ ! $ 6 65" 4P~
8720 SW Burnham $ ~Z~--
Square Feet: 2,240
3. Water Building
8777 SW Bumham $
Square Feet: 10,420
4. public Works Building y~ 1 $ t • ~O
12800 SW Ash Ave. $
Square Feet: 2,840
5. Tigard Senior Center ~S $ D / ~j • ~O
8815 SW O'Mara St. $ 1 S~_
Square Feet: 8,110
6. Canterbury Storage r $ UL,
10490 SW Canterbury Lane $d J
Square Feet: 60
22
invitation to Bid - Professional Custodial Services
Closes: October 31, 2000 at 3:00 PM
CITY OF TIGARD -
Professional Custodial Service
BID FORM (cont'd) an 2 of 2
ADDITIONAL. SERVICES:
HOURLY RATE
Cleaning of all window coverings (Venetian blinds). $ /le-ZyD
Floors (resilient and hard i.e. vinyl) Strip, clean, refinish, machine polish $ /Z aD
Machine shampoo all carpeted areas $ 12- TO
Exterior window washing (inside and out) $
I acknowledge that I have read the "Invitation to Bid - Professional Custodial Services" and the Contract for Personal Services. If awarded
the contract, I agree to all the terms and conditions contained therein.
Company Name:
Authorized Person: b~R}N~r 1= ~~11r►'1u~%~^- Title: &lAwc-
Address: d ----fie X Z'Y9
Phone:u Date: /O-Z'l- 2GDD
Invitation to Bid - Professional Custodial Services 23
Closes: October 31. 2000 at 3:00 PM
AGENDA ITEM
For Agenda of. November 28,
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Vacation of an approximately 4,611 square foot portion of public right-of-way
commonly known as SW Naeve Street VAC2000-00001 .
PREPARED BY: Julia Powell Hajduk DEPT HEAD OK d/ff/h-/ //X /CITY ADMIN OK
I V1 1// L/
ISSUE BEFORE T E C UNCIL
Should the City Council vacate an approximately 4,611 square foot portion of public right-of-way commonly
known as SW Naeve Street?
STAFF RECOMMENDATION
It is recommended that Council approve the vacation as requested.
INFORMATION SUMMARY
The City Council initiated this Vacation on September 26, 2000 (Attachment 2, Resolution No. 00-59.)
The applicant (Ebrahim Dezfuli) requested that the City Council vacate a portion of the SW Naeve Street public
right-of-way adjacent to his property. The right-of-way was realigned to the north to create an intersection that
carne into SW Royalty Parkway at more of a 90 degree angle. This realignment created excess, unnecessary
right-of-way on the southern side of the street. The applicant wishes to have this area vacated so that he may
include it is his future development plans on the site. The applicant has indicated that he wishes to build a used car
lot, however, no applications have been filed to date. The property is zoned C-G (General Commercial).
Appropriate agencies have been contacted for comments. While no objections were received, PGE asked for
clarification on whether there were overhead utility lines and want to be sure that the easement description
included power. Engineering staff want to be sure that all easements for existing public utilities be retained. Staff
from the Tigard Water Department indicated that they will need a 15-foot water line easement centered over the
pipe. The proposed ordinance has a condition which addresses these concerns.
Attachments: ATTACHMENT 1 - (Proposed Ordinance)
"Exhibit All - (Legal Description)
i o "Exhibit B" - (Site Plan)
i ATTACHMENT 2 - (Resolution No. 00-59 Initiating The Vacation)
a
OTHER ALTERNATIVES CONSIDERED
1. Deny the vacation request.
2. Take no action at this time.
3
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
FISCAL NOTES
There are no fiscal impacts as a result of this request as all fees have been paid by the applicant.
CITY OF TIGARD, OREGON
OD-
RESOLUTION NO.200-~ff7
A RESOLUTION INITIATING THE VACATION OF AN APPROXIMATELY 4,611
SQUARE FOOT PORTION OF PUBLIC RIGHT-OF-WAY COMMONLY KNOWN AS
SW NAEVE STREET (VAC2000-00001).
WHEREAS, the approximately 4,611 square foot portion of the road had previously been
dedicated to the public; and
WHEREAS, Naeve Street has been realigned leaving this area of right-of-way which is outside of
the paved road area, curb and sidewalk; and
WHEREAS, the existing street alignment and potential alignment needs make the need for future
use of this portion of right-of-way unlikely; and
WHEREAS, the applicants have requested that the City of Tigard initiate Vacation proceedings to
vacate an approximately 4,611 square foot portion of public right-of-way along SW Naeve Street;
and
WHEREAS, the said portion of public right-of-way may no longer be necessary; and
WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the
requested public right-of-way vacation.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an
approximately 4,611 square foot portion of public right-of-way commonly
known as SW Naeve Street, as more particularly described in Exhibit "A"
and Exhibit "B" and by reference, made a part hereof.
SECTION 2: A public hearing is hereby called to be held by the City Council on Tuesday,
November 28, 2000, at 7:30 PM in the Town Hall at Tigard City Hall, 13125
SW Halt Boulevard, within the City of Tigard, at which time and place the
Council will hear any objections thereto and any interested person may
appear and be heard for or against the proposed vacating of said public
right-of-way.
a
RESOLUMN NO..t2r iAcitywide\res\VACNacvc.RES
Page I of 2 00 07-Sept-00/Julia P H
SECTION 3: The City Recorder is hereby authorized and directed to cause to have
published in the Tigard Times, a newspaper of general circulation in the City
of Tigard, a notice of said public hearing, the first publication to be on
November 9, 2000 and the final publication to be on November 16, 2000.
The Recorder is further directed to cause to have posted within five (5) days
after the date of first publication, a copy of said notice at or near each end of
the area proposed to be vacated.
PASSED: This 01, day of ~'►'~-11 A- 22000.
Y-ayor-City of igar
ATTEST:
(1a,64W,
City Recorder - City of Tigard
RESOLUTION NO.2000. iAcitywide\res\VACNacve.RFS
Page 2 of 2 07-Sept-Mulia P H
M
FAX TRANSMITTAL
11
Date November 27, 2000
Number of pages including cover sheet 6
To: Honorable Mayor & City _Council From: Cathy Wheatley, City Recorder
Co: Co: City of Tigard
Fax Fax 503-684-7297
Ph 639-4171. Ext. 309
SUBJECT: Response to 11-10-2000 Donna Ford Letter
MESSAGE:
Here is the response from Julia Hajduk to the Donna Ford letter concerning the street
vacation public hearing item scheduled for November 28, 2000. 1 have also included a
copy of Ms. Ford's letter. This information should be included with packet materials for
Agenda Item No. 4 for the November 28, 2000, Council meeting.
I:TNGWAX.DOT
MEMORANDUM
CITY OFTIGARD,OREGON
TO: City Council
FROM: Julia Hajduk, Associate Planner q4
DATE: November 27, 2000
SUBJECT: Response to 11-10-2000 Donna Ford letter
I have been asked to respond to the letter submitted by Donna Ford regarding concerns
with the proposed Naeve Street vacation. The following is a response to the issues
raised in the letter.
Concern over the vicinity map included in the notice,
The vicinity map did attempt to show the approximate location of the vacation with lines
identifying the area. The program used for making the vicinity maps is excellent,
however, there are still limits to what can be done. It is more difficult when dealing with
right-of-way issues. From the confusion, it appears that Staff could have taken steps to
make the vicinity map clearer and in the future will make further attempt to do so. In
any event, the notice clearly states the location and process for obtaining additional
information. The staff contact name and phone number is included in the notice as well.
Concern over text in the public hearing notice,
The one reference to an easement vacation in the notice was in error. The request
portion of the notice clearly and accurately states what is proposed to be vacated.
There is no easement being vacated and in fact, the proposed Ordinance has a
condition imposed to insure that a public utility easement is provided that covers the
entire area of vacation. No structures are permitted within an easement, although,
pavement and landscaping is permitted within an easement area.
Issues/concerns with public hearing notice process
The ORS regulating street vacations states that notice shall be as required by the City.
The Development Code requires 20 days notice prior to a public hearing and the staff
report being available at least 7 days prior to the hearing. The 7 day availability
requirement is standard for all public hearing applications. While every attempt is made
to get reports done earlier, reports can often not be made available earlier due to the
number of other projects being reviewed. In this particular case, the report was
completed more than 7 days prior to the hearing, however, the notice was mailed prior
to the report being complete. The required notice timelines were complied with. In
addition, notice was posted in the vicinity of the vacation and published in the Tigard
Times for 2 consecutive weeks prior to the public hearing date. Again, there is nothing
stopping an individual from contacting the staff person at any time, with questions or
concerns.
3 specific issues of concern for the vacation.
There were 3 concerns raised at the end of the letter which are addressed below: 1)
There will remain ample right-of-way, including room for sidewalks, in the portion of
Naeve street re-aligned. 2) All buildings are required to comply with the setbacks from
the property line when development plans are approved. If an easement is greater than
the standard setback, the easement line becomes the setback line. 3) No easements
will be vacated in this area, in fact, an easement over the entire area to be vacated is
being required as a condition of the vacation.
I:curplnfjulia/Vacation/Naeve Street CC response.doc
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RECEIVED C.O.T.
7X N 0 V 14 2000
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MEMORANDUM
TO: Honorable Mayor & City Council
FROM: Cathy Wheatley, City Recorder
RE: Public Testimony - Naeve Street Right of Way Vacation
DATE: November 21, 2000
Attached is a letter received from Ms. Donna Ford concerning the above-referenced
public hearing scheduled for the November 28, 2000, City Council meeting. Julia
Hajduk of the Community Development Department will prepare a response to Ms.
Ford's letter. The response will be faxed to the City Council on Monday, November 27.
Attachment
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N 0 V 14 2000
Administration
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AGENDA ITEM #
FOR AGENDA OF November 28, 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Amend Water System Development Charges and Methodology
PREPARED BY: M. Miller DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
Shall the City amend the current Water System Development Charges (SDC's), which apply throughout the
Tigard Water System, and adopt the methodology used to calculate the Water SDC's used in the Tigard Water
System System Development Charge Update.
STAFF RECOMMENDATION
Approve the attached Resolution which amends the current Water SDC fee schedule.
0
INFORMATION SUMMARY
The current charges for water SDC's are based on a study completed in June 1996. A number of the water
projects contained in the 1996 Water Capital Improvement Program have been completed and it is time to re-
evaluate and adjust the Water SDC fee schedule to meet the needs of continued growth.
The proposed Water SDC's, completed by CH2M Hill, take into account the recently adopted twenty plus year
Water Capital Improvement Program contained in the May 2000 Water Distribution System Hydraulic Study
along with the proposed $40,000,000 water supply project placeholder. The Intergovernmental Water Board
has unanimously approved the financial plan used to calculate the proposed Water SDC's.
The objective of a SDC is not merely to generate money for the Tigard Water System, but to ensure fair and
equitable financing is available to support needed capital additions. By imposing an updated SDC fee schedule
on new development, the Tigard Water System ensures that new development continues to reimburse current
customers for their payments for existing excess capacity and contribute to the cost of constructing new
capacity. Through the implementation of fair and equitable SDC's, existing and future customers will not be
a unduly burdened with the cost of new development.
r
A survey of neighboring cities and water systems indicates that Tigard's current water SDC's are one of lowest
of any water system in the metro area. Revising the fees to the levels recommended would place the Tigard
j Water System's 410-service area in the mid-range and places the Bull Mountain system at the higher end. Here
r is a sample of how our SDC's compare to neighboring jurisdictions:
City of Wilsonville $3,802
City of West Linn $3,530
Tigard - Bull Mountain Area $2,763
LM
Tualatin Valley Water Dist $2,585
City of Hillsboro $2,445
City of Gresham $2,220
Tigard - 410 Service Area $2,041
Rockwood PUD $1,600
City of Portland (reimbursement only) $1,147
City of Tualatin $940
For a 5/8" x 3/0" water meter (standard residential meter) within the 410 service area, our SDC's will increase
from $986 to $2,041. This is an increase of 107%. For a 5/8" x 3/o" water meter within the Hull Mountain
service area, the SDC's will increase from $1,507 to $2,763. This represents an 83% increase.
The effective date for these adjustments is January 1, 2001.
OTHER ALTERNATIVES CONSIDERED
Do not amend the current Water SDC fee schedule
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The adoption of the proposed Water SDC's will provide an innovative funding mechanism to develop a long-
term water supply source and help fund future water distribution capital improvements.
FISCAL NOTES
Without increasing the water SDC fee schedule, the Tigard Water System will not be able to complete the water
capital projects as identified in the twenty plus year capital improvement plan or set aside funds for a future
water supply project.
H:\docs\sdc\agcnda item summary-sdc 2000.doc
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AGENDA ITEM # ~fJ
FOR AGENDA OF November 28, 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Use of Canterbu Water Site for church off site parking
PREPARED BY: M. Miller DEPT HEAD OK CITY MGR OK _ _Kf` ISSUE BEFORE THE COUNCIL
Shall the City Council allow church off street parking, utilizing the paved area around the water tanks at the
Canterbury water site for parking during Sunday services.
STAFF RECOMMENDATION
Staff has no recommendation at this time, however, staff is seeking direction from Council on which alternatives to
pursue.
INFORMATION SUMMARY
At the November 14, 2000, Council study session, Councilor Hunt distributed a memo to Council requesting
that the Canterbury water facility be opened on Sundays to provide additional parking for the church. In the
memo, Councilor Hunt states that Calvin Presbyterian Church, which is located directly across SW Canterbury
Lane from the water facility, is in need of additional parking. The current parking at the church is not adequate
to support the growth that has occurred in attendance and membership. Councilor Hunt further states that
members are parking along the shoulders of both SW 103`d Avenue and SW Canterbury Lane. Of particular
concern is the safety issue due to the lack of sidewalks along SW 103`d Avenue.
Several different departments within the City have looked into the issues surrounding the Councilor's request.
First, we contacted the Police department for information regarding any citations that have been issued in the
area of the church during worship services. According to Police records no citations have been issued.
Next, Community Development was contacted to determine what conditions were placed upon the church in
order to receive conditional approval of the recent expansions. Currently the church has a Conditional Use
Permit to build a 16,670 square foot addition for classrooms and a multi-purpose room. Since the church is not
adding additional area to the main sanctuary, they were not required to add additional parking. They were,
however, required to replace seven parking spaces lost to the current expansion. This was accomplished by
restriping 35 standard parking spaces into 42 compact parking spaces.
The church was originally constructed in 1965 with City approved expansions that occurred in 1992 and 1994.
During this time the old standard for determining the number of church parking spaces was based on one
parking space for each three fixed seats, or every six feet of bench length in the assembly area, or every 50
square feet of floor space in the assembly area, whichever was greater. However, in 1998 new standards were
developed that require one parking space for each two seats in the main assembly area. Under this new
standard, the City would require 250 parking spaces because the church sanctuary has 500 seats. As a result of
the code change, the church is non-conforming to the City's parking standards.
Public Works has it's own issues and concerns with opening this facility to public use. Currently the
Canterbury water facility has two 1.0 million gallon storage tanks; pressure sustaining pump station; deep well;
outside storage for rock, topsoil, woody debris, concrete debris, scrape metal, sand for sand bags, water pipe,
culverts, portable restroom and ramps from Cook Park; and inside storage of surplus items and record storage.
Our number one concern is security. The facility is completely fenced and locked, just like all of our other
facilities whether they are reservoir sites or pump station facilities. Fencing the facility not only protects the
water supply from random acts of aggression, but also protects our materials and supplies. In addition, by
having the facility fenced and locked, the public is kept from hazards that the outside storage may pose and
prevents them from dumping yard debris and other material at our facility. Please keep in mind that this facility
has in the past been used by Public Works as a staging area for debris collection and removal during the last few
years due to storm events.
In order to accommodate Councilor Hunt's request, new fencing and gates would have to be installed to not
only protect the public from the hazards at the facility, but also protect our own interests. Estimated cost to
install the new fencing is $4,000. In addition, the area would need to be striped and arrows painted to direct
traffic once inside the facility. This would cost an additional $300. The proposed layout would accommodate
30 to 40 parking spaces.
Also by allowing the church to park at the Canterbury water facility, we will be creating another safety issue,
which is allowing a crossing at mid-block. At present we do not know what kind of liability this would open
the City too, but it will need to be looked into. In addition, if the Canterbury site were to be leased to the
church, the site would need to be evaluated for ADA compliance.
Councilor Hunt in his memo suggests that precedence has been established in regards to use of other publicly
owned property. However, we feel that there are significant differences between what has been granted in the
past and what is proposed now.
The parking agreement with Tigard Christian Church is a mutual agreement that benefits both properties. The
agreement allows the church to utilize the parking area at the Tigard Senior Center on Sundays and allows the
City to utilize the Tigard Christian Church parking area during City events.
The Water Building, located on SW Burnham Street, was designed specifically to allow public use of the
auditorium and the small conference room off the lobby. When the Tigard Area Farmers Saturday Market was
first held at the Water Building, they did utilize the parking lot in front of the building as well as the auditorium.
During the first year, the Market organizers were granted permission to utilize the back parking area, however,
due to several issues the Market was denied access in future years.
In regards to contractual agreements, we have attached three agreements and a new commercial general liability
coverage statement.
■ Current reciprocal parking agreement with Tigard Christian Church.
■ Agreement for the City to utilize the GTE property for parking.
■ Agreement is the new boiler plate lease agreement that the City is considering for all properties.
■ Insurance general liability coverage that is being considered.
Should the City Council wish to pursue allowing the Church to utilize the property, one of the above agreeements
could be used as a model.
OTHER ALTERNATIVES CONSIDERED
Do not allow the church to utilize the Canterbury water facility for Sunday service parking.
■ Allow parking at the Canterbury water facility on a trail basis with temporary security measures.
■ Enter into a lease agreement with the church to utilize the Canterbury water facility for additional parking.
Enter into a lease agreement with the church to utilize the Canterbury facility including that the church pay
for the installation of new fencing, gates and maintenance of the parking area.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
FISCAL NOTES
We have estimated that fence and gate installation costs will be approximately $4,000. The stripping costs are
estimated to be $300. If Council desires to allow the lease of the Canterbury facility for sparking, then the
church should be responsible for all costs to secure the facility, stripe the lot and for on-going yearly
maintenance costs.
List of Attachments:
1. Paul Hunt memo of November 13, 2000
2. Site drawing showing potential parking
3. Sample #1 - Reciprocal Parking Easement Agreement with Tigard Christian Church
4. Sample #2 - License Agreement with GTE
5. Sample #3 - Boilerplate City lease
6. Insurance - Commercial general liability information
/-~1 ~~cichmer,~ 2
Monday November 13,2000
To: Tigard City Council Members
From: Council Member Paul Hunt
Subject: Use of city facilities for church parking
I am writing this memo to ask support of the council members in a proposal I made to Ed
Wegner and Bill Monahan and am receiving some resistance. They have not said yes or no
to the proposal but Ed has voiced some opposition. I have not gone into the matter
enough to know exactly what his opposition is. I felt it might be better to get the reaction
of the council before a definite answer was received than to risk a no answer and then go
to the council and ask them to over rule a staff decision.
Calvin Presbyterian has grown to the extent that they no longer have safe and adequate
room for parking for their Sunday services. The church is located on the comer of
Canterbury Ln. and 103 Ave. Members are parking on both streets. 103rd. Ave. is
narrow with nc,„sidewalks and is dangerous for pedestrians. Directly across from the
entrance to the church is the Canterberry water facilities. There is a large paved parking
area there that appears to have very little use. I have requested that this be made available
to the church for Sunday parking.
One area that would have to be considered is security. The complete area is fenced with at
least two gates. Only one gate is used and it can be padlocked. Currently when the city
uses this facility they unlock the gate and leave it open, even when there are no employees
on the grounds. It would appear to me if the church was allowed to use the facilities there
would be no more or less chance of vandalism or other damage than when the city uses it.
They would only want to use it on specified hours on Sundays.
This request appears to me to be much the same as we have granted for others and have set
a precedence.
1. The city has reached and agreement with Tigard Christian Church where they use the
parking at the senior center and also hold some classes in the senior center building. I
believe this is without charge.
2. The city allowed the Chamber of Commerce to use the facilities at the water building
on Burnham for their Saturday market.
3. The city purchased land, paved parking, and allowed the Chamber of Commerce to
assume control of part of these lots.
4. The buildings at the water facilities are used by a number of organizations for meetings.
It appears to me this is following a precedence that is well established with little
inconvenience to the city. It should also be pointed out that with the expansion of the
Tigard House in the near future use of this parking area will surely be considered.
Bill also mentioned that we would have to receive permission of the Tigard Water District
to use the facilities. I am not sure why he restricted it to the Tigard Water District. If we
need their permission I would assume the same applies to King City and Durham. Did we
get permission from the other three entities when the Chamber of Commerce used the
Burnham facilities. Did we get their permission to allow use of the building for meetings?
Even if we did need their permission I would like to point out that there is a very large
membership in the church from King City and a number of people from Bull Mountain that
belong to this church. I would be surprised, if approached in the proper manner, if we
would get any resistance from the IWB members.
In my opinion there would be a minimum of inconvenience to the city. The church would
be happy to pay any expense to make the facilities secure and safe such as any additional
fencing and stripping of the parking lot. We will soon be going out for a bond issue for the
library. Anything we can do for good will without imposing additional costs or
inconvenience to the city should be considered. Most of the users of this parking are the
ones who are paying the taxes and water fees that support this facility. Why should it set
unused on week ends when there is such a pressing need for it?
I would request that the city council recommend to the staff that an agreement be drawn up
with the church allowing the church, under conditions agreed on by both parties, to use this
parking on Sundays and possibly on other occasions when permission is requested and
granted by the staff.
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RECIPROCAL PARKING EASEMENT AGREEMENT
THIS AGREEMENT is effective this nI day of Xxub~U ,
1990, by and among the parties whose signatures appear below. The
parties hereto are fee owners (hereinafter "Owners") of the
following described real property:
2S1 2DA Tax Lot 701 2S1 2DB Tax Lot 500
Washington County, Oregon Washington County, Oregon
Tigard Christian Church Tigard Senior Center
13405 SW Hall Boulevard (City of Tigard, owner)
Tigard, Oregon 97223 8815 SW Omara
Tigard, Oregon 97223
The parties hereto intend to share the use of the entry
driveways, parking areas, a connecting driveway between the parking
areas, the construction and grade of which must be approved by the
City of Tigard's Engineering Department, and a stairway, as shown
on Exhibit "A", to provide pedestrian and vehicular access and
parking for events held by either party.
1. Grant of Easement. Each Owner shall have the right to use the
other owner's driveways and parking areas at all times except
during events scheduled by the other owner, unless the other
Owner gives permission for use of its parking area during
such events. Both parties agree to exchange event schedules
regularly, and to notify one another of additional special
events as they occur, with as much advance notice as
possible.
2. Limits of Easement. The privileges granted under this
reciprocal agreement are limited to the areas shown on Exhibit
"A" as driveways, parking areas, and the driveway and the
stairway connecting the parking areas on the date of this
agreement. This agreement is not intended to cover any
parking areas or driveways constructed after this date. This
agreement is not intended to cover additional parking demand
created by the expansion of either owner's facility. In the
event of such expansion, this agreement may be renegotiated
or terminated in accordance with paragraph 8 hereof.
3. Maintenance. Each owner shall be responsible for the
maintenance of its own driveways and parking area, except as
provided under section (4) below. Each Owner shall contribute
to the maintenance and repair of the stairway connecting the
parking areas, shown on Exhibit "A", except as provided under
section (4) below.
Page 1 - RECIPROCAL PARKING EASEMENT AGREEMENT
4. Individual Responsibility. Notwithstanding the provisions of
section (3), each owner is solely responsible for any
particular damage caused to the shared stairway or to the
private driveways and parking areas by the offending Owner,
the Owner's guests, invitees, or contractors.
5. Indemnification. Each Owner agrees to indemnify and hold the
other Owner harmless from all claims arising out of the use
of the shared stairway and of one Owner's driveway and parking
area premises by the other Owner, its contractors, agents,
guests and invitees.
6. Notice. In the event an Owner causes damage to the stairway
or to the private driveways or parking areas, then the Owner
shall be notified in writing of an assessment for the repair
of the stairway, driveway or parking area in need of repair.
Such notice shall be provided on behalf of the Owner who has
determined that such repairs are needed. Written notice shall
be mailed to the owner at the address shown in the
introductory paragraph to this agreement.
7. Payment of Assessment. If an Owner is unable, unwilling or
refuses to comply with a written demand for payment of the
assessment within thirty (30) days of written notice to the
Owner, or the owners cannot agree to a mutually acceptable
solution within thirty (30) days of written notice to the
Owner, then the remaining Owner shall have the right to do
either or both of the following:
(a) Assess that Owner for the cost of the work done; and
the remaining Owner shall have a lien upon the
nonperforming Owner's real property for the cost of
said repair, which lien shall be subordinate to any
prior recorded mortgage, trust deed or land sale
contract; and
(b) Bring suit or action against that Owner to enforce
collection of the assessment. In the event such
suit or action is brought to collect an assessment
or otherwise enforce the terms of this Agreement,
the prevailing party shall be entitled to recover
its costs and reasonable attorney's fees, as awarded
by the court at trial or on appeal.
8. Duration and Termination of Agreement. This Agreement and the
obligations hereunder shall exist in perpetuity, unless
terminated by mutual agreement or upon 90 days' written notice
of termination by either party or unless all or a substantial
part of the easement area is acquired by or dedicated to a
municipal authority for public use. Both the benefit and
burden of the Agreement shall be appurtenant to and run with
the parcels described above.
Page 2 - RECIPROCAL PARKING EASEMENT AGREEMENT
III, !III I ZAIRE:,
9. Successors and Assigns. Both the burden and the benefit of
this Agreement shall extend to the heirs, successors and
assigns of all parties hereto, and shall run with the land
subject to this agreement. It is the intent of the parties
hereto to create a continuing obligation on the part of each
landowner, present or future, including any additional Owners
resulting from any further division of the existing parcels.
DATED this ~a day of CttC*1P1L, , 1990.
CITY TIGAT~p ;M4 ~ TIAN CHURCH
I1 By TATRSc< S.-R P-!; 6L-% LAI Admihf5+itt4or
Print Name & Title- Pri t Name & Title
STATE OF OREGON )
) ss.
County of W AS N i NG7b t§ '1
This instrument was acknowledged before me on(_pL+Vba)L ,
1990 by as G4LiLUMIAgL~-of the City of
( le)
Tigard, Oregon.
(NOTARIAL SEAL]
*eTARY PUBLIC FO OREGO
My Commission Expires: lvlR
Page 3 - RECIPROCAL PARKING EASEMENT AGREEMENT
STATE OF OREGON )
ss.
County o f UPS N r k)-ra ;.J )
This instrument was acknowledged before me on ~-'IbF-/L S
1990 byC?F. E, ~/JC.f~sdu , as r44.(r't"41J of the Tigard
(Title)
Christian Church.
[NOTARIAL SEAL]
NOTARY PUBLIC FOR OREGON
My commission Expires:
P1,410 LL a ?Pl A
EVANS
NOTARY PUB IC - OR GON
My CommiWon Expires
AFTER RECORDING, RETURN TO: NO CHANGES IN
TAX STATEMENTS
Kenneth M. Elliott
O'Donnell, Ramis, Crew & Corrigan
1727 NW Hoyt Street
Portland, OR 97209
Page 4 - RECIPROCAL PARKING EASEMENT AGREEMENT
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Cushman Jc Wakefield of Caifornia. Inc. (SQ I y►~ 12 Z) CUSHY"&
21700 Oxnard Stre-a. Suice 1-30 W Si~L -1
Woodland Hills. CA 0136' G
Tel: (818) 716-3000 Imorovin your place
F:uc: 3131 -16.3030 '
in the worlu.
April 29, 1999
Ms. Elizabeth Ann Ne :,.ton
City Of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
RE: 8838 SW Burnham Street, Tigard, OR
GTE Location 5530BOI
Dear Ms. Newton:
Attached please find a fully executed Licence Agreement granting the City of Tigard certain parking rights
at the subject facility. Note that the location of the parking marked on Exhibit "A" has been changed per
subsequent conversations.
If you have any concerns with the final form of the Exhibit let me know. Please call me if you have any
questions. I can be reached at 318-716-3023.
Sincerely,
Cushman & Wakefield of California, Inc.
Jim Tousignant
Account Manager
GTE Real Estate Services
Attached
c: Kent Tiedeman - WA01011-B - Everett, WA
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Cashman 'Jc Wakefield of California, Inc. CUS
21700 Oxnard Sirect. Suire 1450 WAKEFIELD,
%'oodland Hills, CA 91367
Tel: !8113) -16-3000 Improving your place
F- 1918) <,_3030 in the world.
February 15, 1998
Ms. Elizabeth Ann Newton
City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
Re: 8838 SW Burnham Street, Tigard, OR
GTE Location 5530B01
Dear Ms. Newton:
This letter shall confirm the terms of the agreement, by and between GTE
Northwest Incorporated ("Licensor' and City of Tigard ("Licensee") to grant City
of Tigard a revocable License to utilize eight (8) spaces in the parking lot
commonly associated with 8838 SW Burnham Street, Tigard, OR, ("Licensed
Premises") for marked City inspectors' vehicles as well as associated access
driveways for marked City inspector vehicles and marked police vehicles, as
marked on Exhibit A. This license is granted upon the following terms and
conditions:
1. The Licensed Premises may be used only by the employees of
Licensee for the parking of City vehicles. The Licensed Premises may not be
used for car washing or non-emergency repair of vehicles.
2. This License shall be on a month-to-month basis, commencing
January 1, 1998. This License may be canceled upon thirty (30) days written
notice by either parry.
3. In consideration of Licensor granting this License to Licensee,
Licensee shall pay to Licensor ten (10) percent of all repair and maintenance
costs for the parking lot, not to exceed 57,500 in 1998-99.
4. Licensee may not assign this agreement or any rights hereunder to
any other party without Licensor's prior written consent, which consent may be
granted or withheld in Licensor's sole discretion.
ncnao.ooc
Cushman : Wakefield of California, Inc.
February 15, 1998
Page 2
5. Subject to the limits of Oregon law, Licensee shall indemnify and
save Licensor free and harmless from any and all claims, damages costs and
expenses (including, without limitation, attorney's fees) on account of any injury,
including death, to any person or persons (including employees and invitees of
Licensee) or damage to property belonging to Licensor as well as to property
belonging to third persons (including employees and invitees of Licensee)
resulting in any manner directly or indirectly from or in conjunction with the use
of the Licensed Premises by Licensee, its employees or other invitees except as
may arise from the gross negligence or intentional act of GTE and its employees
and invitees. Licensee further agrees to obtain and maintain throughout the term
of this agreement public liability insurance coverage in an amount not less than
5500,000 for property and $500,000 for the death or injury of one person and
$1,000,000 for any one accident or casualty. Such insurance shall name GTE
Northwest Incorporated as an additional insured. Licensee shall provide Licensor
with a certificate of insurance evidencing such insurance prior to commencement •
of this License.
6. Licensee and Licensor hereby disclaim any intention to create by
this agreement, or otherwise, a lease, joint venture or partnership; it being
understood and agreed that Licensor has, by this agreement, granted only a
revocable License for parking purposes.
7. Licensee acknowledges that Licensor is granting this License to
use the Licensed Premises in its current condition. Licensee shall be liable to
Licensor for the cost of repair of any damage to any portion of the Licensed
Premises caused by Licensee, its employees or invitees in excess of ordinary
wear and tear.
8. All notices to be given by Licensee to Licensor shall be delivered to
the following address: GTE Northwest Incorporated, c/o Cushman & Wakefield of
California, inc., 21700 Oxnard Street, Suite 1450, Woodland Hills, CA, 91367,
Attn: License Administrator. All license fees pursuant to this License shall be
made to GTE Northwest Incorporated, c/o Cushman & Wakefield of California,
Inc., 21700 Oxnard Street, Suite 1450, Woodland Hills, CA, 91367.
Please indicate your agreement to the foregoing by signing below and returning
the same to GTE Northwest Incorporated, c/o Cushman & Wakefield of
California, Inc., 21700 Oxnard St., Suite 1450, Woodland Hills, CA 91367.
MAR0.000
Cushman & Wakefield of California, Inc.
February 15, 1998
Page 3
Very truly yours,
Cushman W ef Id of C afiornia, Inc.
Ga L. Lsel
Account Administrator
GTE Real Estate Services
AGREED:
or City of Tigard 4TE brthwest Incorporated
By: By: Michael J. Baumann
Title: Cry, /Yl,~ =f ~.c Title: Manager. GTE Real Estate
Services
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LEASE
THIS LEASE is made and entered into this day of June, 2000, by and between
the City of Tigard, an Oregon municipal corporation, hereinafter called City, and Community
Action Organization and Community Partners for Affordable Housing, Inc., private, non-profit
Oregon corporations, hereinafter called Lessee.
WITNESSETH: In consideration of the covenants, agreements and stipulations herein
contained on the part of Lessee to be paid, kept and faithfully performed, City does hereby
lease to Lessee and Lessee hereby leases from the City the premises, including all
improvements located thereon, as is, situated in the City of Tigard, County of Washington and
State of Oregon, known and described as 9020 SW Burnham Street, Tigard, Oregon, except
for the parking lot area surrounded by cantina-wire-topped fencing.
The term of this Lease shall be for a period commencing the 1st day of July, 2000, and
ending at midnight on the 30th day of June, 2001, at and for a rental of $1.00 for the whole
of the said term payable in lawful money of the United States at the Tigard City Hall, 13125
SW Hall Boulevard, City of Tigard, State of Oregon 97223, at some time prior to June 30,
2000.
In consideration of the above, each party hereto does hereby covenant and, agree as
follows:
LiESSEE°S ACCEPTANCE OF LEASE.
Lessee accepts said letting and agrees to pay to the order of City the rental stated
above* for the full term of this lease, in the manner aforesaid.
USE OF PREMISES.
Lessee shall use said premises for the following use of social service programs to
needy individuals and families. Said use includes operations of offices. Other programs at the
site may be initiated provided Lessee obtains proper land use and other approvals as may be
required prior to initiating operations of said programs.
Lessee will not make any unlawful, improper or offensive use of the premises; nor
suffer, strip or waste thereof. Lessee will not permit anything to be done upon or about said
premises in any way tending to create a nuisance, be that at common law or by ordinance or
by statute.
Lessee will not allow the premises at any time to fall into such a state of disrepair or
disorder so as to Increase the fire hazard thereon; nor install any power machinery on said
premises except under the supervision and with written consent of City. Lessee shall not
Lease - 2000-9020 SW Bumham PAGE 1
store gasoline or other highly combustible materials on said premises at any time nor use said
premises in such a way or for such purposes that the fire insurance rate is thereby increased
or that would prevent City from taking advantage of reduced premium rates for long term fire
insurance policies.
Lessee shall comply, at Lessee's own expense, with all laws and regulations of any
municipal, county, state, federal or other public authority respecting the use of said premises.
Lessee shall regularly occupy and use the premises for the conduct of Lessee's
business, and shall not abandon or vacate the premises for more than ten (10) days without
written approval of City.
UTILITIES / MAINTENANCE.
Lessee shall pay for all heat, light, water, sewerage and storm drainage fees, power,
sanitary services, and other services or utilities used in the above premises during the term of
this lease. Lessee shall be responsible for janitorial and regular maintenance of the building.
TAXES.
Lessee agrees to pay all taxes and assessments which during the term of the Lease
may become due, become a lien or which may be levied by the state, county, city, or any
other tax-levying body upon the premises. Furthermore, Lessee agrees to pay all taxes and
assessments on any taxable interest obtained by Lessee through this Agreement or on any
taxable possessory interest, which Lessee may have in or to the premises by reason of its
occupancy. Furthermore, Lessee agrees to pay all taxes on all taxable property, real or
personal, owned by it in or about the premises. Upon making such payments, Lessee shall
give the City a copy of the receipts and vouchers showing payment.
Lessee understands that City property is exempt from property taxation until leased
to a taxable entity. In the event that the term of the Lease extends beyond June 30 of any
year, Lessee shall be responsible for payment of all property taxes for the entire tax year
without proration, or, in the event of any change in property tax law, for any taxes due
under such law. With respect to assessments for public improvements which are or may be
payable in Bancroft installments, Lessee shall be required to pay only those installments
which become due during the term of the Lease or this Amendment.
REPAIRS AND IMPROVEMENTS.
City shall not be required to make any repairs, alterations, additions or improvements
to or upon said premises during the term of this lease, except those hereinafter specifically
provided for. Lessee hereby agrees to maintain and keep said premises (including all interior
and exterior doors, heating, ventilating and cooling systems, interior wiring, plumbing and
drain pipes to sewers or septic tank), in good order and repair during the entire term of this
Lease - 2000-9020 SW Burnham PAGE 2
lease at Lessee's own cost and expense, and to replace all glass which may be broken or
damaged during the term hereof and the windows and doors of said premises with glass of as
good or better quality as those now in use. Lessee further agrees th"Ay will make no
alteration, addition or improvements to or upon said premises without the prior written
consent of the City.
City agrees to maintain the exterior walls, roof, gutters, downspouts and foundations of
the building and the sidewalks thereabouts. It is understood and agreed that City reserves to
itself (and to at any and all times shall have) the right to alter, repair or improve said
premises, or to add thereto and for that purpose at any time may erect scaffolding and all
other necessary structures about and upon the premises, and City and City's representatives,
contractors and their respective employees and agents for that purpose may enter in or about
the said premises with such materials as may be necessary, and Lessee waives any claim to
damages resulting therefrom.
AIMS RIGHT OF ENTRY.
It shall be lawful for City, its agents and representatives, at any reasonable time to
enter into or upon the premises for the purpose of examining into the condition and use.
TERMINATION OF LEASE.
At any time during the term of this lease, City may, through its City Manager, or
designee, upon thirty (30) days written notice to Lessee, terminate the lease and require that
Lessee vacate the premises. This termination of lease will be at the discretion of the City
should it be determined that the facility is needed for the location of a City function, including
storage, or for any or all other reasons.
Termination For Use Of Property Other Than That Directly Permitted In Lease: If at any time
during the term of this lease Lessee uses the premises for other than the intended purposes
set out in paragraph (2) above, City may, through its City Manager, or designee, upon ten
(10) days written notice to Lessee, terminate the lease and require that Lessee vacate the
premises. Lessee shall have the right to appeal any adverse decision by the City Manager to
the City Council by filing a written request with the City Recorder, describing with particularity
the decision of the City Manager from which Lessee appeals. The decision of the Council, as
determined by a majority of the members voting, shall be final.
LIENS.
Lessee will not permit any lien of any kind, type or description to be placed or imposed
upon the building in which said leased premises are situated, or any part thereof, or the real
estate on which it stands.
Lease - 2000-9020 SW Bumham PAGE 3
ICE_ SNOW. DEBRIS.
Lessee shall at all times keep the sidewalks in front of the premises free and clear of
ice, snow, rubbish, debris and obstruction, and will not permit rubbish, debris, ice or snow to
accumulate on the roof of the building so as to stop up or obstruct gutters or down spouts or
cause damage to said roof, and will save harmless, indemnify, and protect the City against
any and all injury whether to the City, its Council members, employees or agents, or to City's
property or to any other third person or property caused by Lessee's fault in that regard.
OVERLOADING OF FLOORS.
Lessee will not overload the floors of said premises in such a way as to cause any
undue or serious stress or strain upon the building, and City shall have the right, at any time,
to call upon any competent engineer or architect whom City may choose, to decide whether
or not the floors of said premises are being properly used. The decision of said engineer or
architect shall be final and binding upon Lessee; and in the event that the engineer or
architect decides that the stress or strain is such as to imperil said building in whole or in part,
Lessee agrees to immediately relieve said stress or strain in a manner satisfactory to City.
NO USE OF HAZARDOUS SUBSTANCES.
No handling, storage, generation, creation, disposal, transportation or discharge of any
Hazardous Substances shall be permitted on or about the premises by Lessee, its employees,
agents, customers or contractors. This restriction does not apply to ordinary office and
janitorial supplies available over the counter for common use by members of the general
public. Nor shall this prohibition apply to substances fully contained inside of motor vehicles if
they are used in accordance with all applicable legal requirements. As used in this section,
"Hazardous Substances" shall mean any substance, material or product defined or designated
as hazardous, toxic, radioactive, dangerous or regulated wastes by any federal, state or local
regulatory agency.
SIGNS.
Lessee may alter the existing free-standing sign structure upon receipt of a sign permit
from the City of Tigard, but shall not, without written prior written consent of the City, use the
j outside walls of said premises, or allow signs or devices of any kind to be attached thereto or
suspended therefrom.
FIXTURES.
All partitions, plumbing, electrical wiring, additions to or improvements upon said
leased premises, whether installed by City or Lessee, shall be and become a part of the
building as soon as installed and the property of City unless otherwise herein provided.
Lease - 2000-9020 SW Bumham PAGE 4
LIGHT AND AIR.
This lease does not grant any rights of access to light and air over the property.
DAMAGE BY EIRE OR OTHER CASUAl.'TY.
In the event of any damage to the property by fire or other casualty, either party
hereto may terminate this lease as of the date of said fire or casualty.
INDEMNIFICATION.
Lessee agrees to fully indemnify, hold harmless and defend the City, its City Council,
officers and employees from and against all losses, expenses, claims and actions (including
all expenses incidental to the investigation and defense thereof) of any kind or nature
including, but not limited to, claims or actions based upon or arising out of damages or
injuries to third persons or their property, proximately caused (or allegedly caused) through
the fault of Lessee, its employees or agents in the use and/or occupancy of the premises.
The City shall give Lessee prompt and reasonable notice of any such claims or
actions known to the City, and Lessee shall have the obligation to investigate, compromise
and defend same, provided such claim is not caused by the negligence of the City, its
employees or agents.
In the event that there is any bodily injury at, or property damage to, any portion of
the premises caused by Lessee or any third party, Lessee shall immediately notify the City's
Risk Manager and cooperate in the City's investigation of said incident. Lessee shall make
all reports or documents concerning the incident, whether in their possession or the
possession of their insurance carrier available to the City and cooperate with the City in
investigating, compromising or litigating the claim against those parties.
For any property damage done to or caused by the fault of Lessee, Lessee shall be
given the option of repairing the damage or having the City repair the damage at Lessee's
expense. The City shall give written notification to Lessee of any damage requiring repair
and give Lessee thirty (30) days to commence repair. If within that period or such other
period as may be mutually agreed upon, no effort has been made to effect repairs, then the
repairs will be performed by the City and billed to Lessee.
For damage done to or at the property or premises by third parties for which Lessee
is not responsible, the City shall bear the initial cost of investigating, compromising or
litigating the claim, but may recover such costs if otherwise permitted by law or this
Agreement.
Lease - 2000-9020 SW Bumham PAGE 5
INSURANCE REQUIREMENT.
Insurance requirements set forth below do not in any way limit the amount or scope
of liability of Lessee under this Agreement. The amounts listed indicate only the minimum
amounts of insurance coverage the City will accept to help insure full performance of all
terms and conditions of this Agreement. All insurance required by Lessee under this
Agreement shall meet the following minimum requirements:
Certificates: Notice of Cancellation. On or before the Effective Date, Lessee shall provide the
City with certificates of insurance establishing the existence of all insurance policies required
under this Section. Thereafter, the City must receive notice of the expiration or renewal of
any policy at least thirty (30) days prior to the expiration or cancellation of any insurance
policy. No insurance policy may be canceled, revised, terminated or allowed to lapse
without at least thirty (30) days prior written notice being given to the City. Insurance must
be maintained without any lapse in coverage during the entire initial Term and any
extension thereof. Insurance canceled without City consent shall be deemed an immediate
Event of Default under this Agreement. The City shall also be given certified copies of
Lessee's policies of insurance, upon request.
Additional Insured. The City shall be named as an additional insured in each required policy
and, for purposes of damage to the Premises, as a loss payee. Such insurance shall not be
invalidated by any act, neglect or breach of contract by Lessee.
Primary Coverage. The required policies shall provide that the coverage is primary, and will
not seek any contribution from any insurance or carried by the City.
Company Ratings. All policies of insurance must be written by companies having an A.M.
Best rating of "A" or better, or equivalent. The City may, upon thirty (30) days written
notice to Lessee, require Lessee to change any carrier whose rating drops below an A
rating.
Required Insurance. At all times during this Agreement, Lessee shall provide and maintain
the following types of coverage:
A General Liability Insurance. Lessee shall maintain an occurrence form commercial
general liability policy, personal injury liability, for the protection of Lessee and the City,
insuring Lessee and the City against liability for damages because of personal injury,
bodily injury, death, or damage to property (including the loss of use thereto and
occurring on or in any way related to the premises or occasioned by reason of the
operations of Lessee. Such coverage shall name the City as an additional insured.
Coverage shall be in an amount of not less than ONE MILLION DOLLARS ($1,000,000)
combined single limit per occurrence for bodily injury and property damage for all
coverage specified herein.
Lease - 2000-9020 SW Bumham PAGE 6
Fire Legg) Liability Insurance. The City shall insure the building space and all
improvements affixed thereto considered to be part of premises, being managed by
Lessee. Lessee is responsible to insure all of its own personal property, which items
shall not be covered by City insurance. Furthermore, Lessee must at all times carry Fire
Legal Liability insurance coverage in an amount not less than ONE HUNDRED
THOUSAND DOLLARS ($100,000).
➢ Workers' Compensation Insurance. Lessee shall maintain in force Workers'
Compensation insurance for all of its employees. In lieu of such insurance, Lessee may
maintain a self-insurance program meeting the requirements of the State of Oregon.
Periodic Review. The City shall have the right to periodically review the types, limits and
terms of insurance coverage. In the event the City determines that such types, limits,
and/or terms should be changed, the City will give Lessee a minimum of thirty (30) days
notice of such determination and Lessee shall modify its coverage to comply with the new
insurance requirements of the City. Lessee shall also provide the City with proof of such
compliance by giving the City an updated certificate of insurance within fifteen (15) days.
Subrogation. Except as limited by this subsection, the parties hereto waive any right of action
that they might have against the other for loss or damage, to the extent that such loss or
damage is covered by any insurance policy or policies and to the extent that proceeds (which
proceeds are free and clear of any interest of third parties) are received by the parties
claiming the loss or damage. This waiver of subrogation shall not extend to any applicable
deductibles under such policy or policies.
DELIVERING UP PREMISES ON TERMINATION.
At the expiration of said term or upon any sooner termination, Lessee will quit and
deliver up said leased premises and all future erections or additions to or upon the same to
City or those having City's estate in the premises, peaceably, quietly, and in as good order
and condition, reasonable use and wear thereof, damage by fire, unavoidable casualty and
the elements alone excepted, as the same are now in or hereafter may be put in by City.
BREACH OF LEASE TERMS.
If Lessee fails to keep, perform or observe any of the terms and/or conditions imposed
on it by this Lease for a period of ten (10) or more days after written notice of said failure by
the City, or Lessee fails to surrender possession of the premises at the Lease's conclusion,
then, and in either event the City may terminate the Lease at any time thereafter without
further notice or demand on Lessee, enter the premises and lawfully repossess it, expel
Lessee (as well as any others claiming through Lessee) and remove/store Lessee's effects (all
at Lessee's expense) without prejudice to any other remedy, action or suit which the City may
be entitled to for arrearage, damages to the property or its interests and/or breach of this
lease.
Lease - 2000-9020 SW Bumham PAGE 7
PROVIDED, ALWAYS, and these presents are upon these conditions, that (1) if Lessee
shall fail or neglect to do, keep, perform or observe any of the covenants and agreements
contained herein on Lessee's part to be done, kept, performed and observed and such default
shall continue for ten (10) days or more after written notice of such failure or neglect shall be
given to Lessee, or (2) if on the expiration of this lease Lessee fails to surrender possession of
said leased premises, then and in either or any of said cases or events, City may terminate
this lease and at time thereafter, without further demand or notice, may enter said premises
and repossess the same, and expel said Lessee and those claiming by, through and under
Lessee and remove Lessee's effects at Lessee's expense, and store the same, all without
being deemed guilty of trespass and without prejudice to any remedy which otherwise might
be used for arrears of rent or preceding breach of covenant.
Neither the termination of this lease by forfeiture nor the taking or recovery of
possession of the premises shall deprive City of any other action, right, or remedy against
Lessee for possession or damages, nor shall any omission by City to enforce any forfeiture,
right or remedy to which City may be entitled be deemed a waiver by City of the right to
enforce the performance of all terms and conditions of this lease by Lessee.
HOLDING OVER.
In the event Lessee for any reason shall hold over after the expiration of this lease,
such holding over shall not be deemed to operate as a renewal or extension of this lease, but
shall only create a tenancy from month to month which may be terminated at will at any time
by City.
NOTICES.
Any notice required by the terms of this lease to be given by one party hereto to the
other or desired so to be given, shall be sufficient if in writing contained in a sealed envelope,
deposited in the U. S. Registered Malls with postage fully prepaid, and if intended for City
herein then if addressed to said Lessor, in care of the City Manager, at Tigard City Hall, 13125
SW Hall, Tigard, Oregon 97223 and if intended for Lessee then if addressed to Lessee, in care
Of the Community Action Organization Director, at 9020 SW Burnham Street, Tigard, Oregon
97223 and Community Partners for Affordable Housing, Inc. at 9020 SW Burnham Street,
Tigard, Oregon 97223. Any such notice shall be deemed conclusively to have been delivered
to the addressee thereof forty-eight (48) hours after the deposit thereof in said U. S.
Registered Mails.
HEIRS AND ASSIGNS.
All rights, remedies and liabilities herein given to or imposed upon either of the parties
hereto shall extend to, inure to the benefit of and bind, as the circumstances may require, the
heirs, executors, administrators, successors and, so far as this lease is assignable by the term
hereof, to the assigns of such parties.
Lease - 2000-9020 SW Bumham PAGE 8
ASSIGNMENT.
No part of this Agreement may be assigned, nor may a right of use to any portion of
the premises or property be conferred on any third person by any other means, without the
prior written consent of City. Any assignment or attempted assignment without the City's
prior written consent shall be void.
CONDEMNATION.
If the premises or any interest therein is taken as a result of the exercise of the right
of eminent domain, this Agreement shall terminate as to such portion as may be taken.
NON-WAIVER.
Waiver by either party of strict performance of any provision of this Agreement shall
not be a wavier of or prejudice the party's right to require strict performance of the same
provision in the future or of any other provision.
ADHERENCE TO LAW.
P
Lessee shall adhere to all applicable federal, state and local laws, rules, regulations
and ordinances, including laws governing its relationship with its employees, including but
not limited to, laws, rules, regulations and policies concerning Workers' Compensation,
minimum and prevailing wage requirements and occupational safety and health
requirements.
TIME OF ESSENCE.
It is mutually agreed that time is of the essence in the performance of all covenants
and conditions to be kept and performed under the terms of this Agreement.
WARRANTIES /GUARANTEES.
Except for those warranties specifically set forth herein, the City makes no warranty,
guarantee or averment of any nature whatsoever concerning the physical condition of
premises, and it is agreed that the City will not be responsible for any loss, damage or costs
which may be incurred by Lessee by reason of any such physical condition.
HEADINGS.
The article and section headings contained herein are for convenience in reference
and are not intended to define or limit the scope of any provision of this Agreement.
Lease - 2000-9020 SW Bumham PAGE 9
CONSENT OF CITY.
Whenever consent approval or direction by the City is required under the terms
contained herein, all such consent, approval or direction shall be received in writing from
the City Manager, or designee.
MODIFICATIQN.
Any modification of this Agreement shall be mutually agreed upon and reduced to
writing, and to the extent it does not affect a major business term of the Agreement, may
be done for the City, by its City Manager, or designee.
GOOD FAITH.
The terms and conditions set forth in this Agreement are for the benefit of both
parties. The parties further agree and understand that time is of the essence. In the
performance of the duties and obligations set forth herein, there is an obligation and duty of
reasonable diligence and good faith imposed on the parties to fulfill the terms, conditions
and covenants in this Agreement.
ATTORNEY FEES.
In the event of a dispute between the parties as to the interpretation or applicability
of any of the provisions of the Agreement and the parties are unable to resolve the matters
through mediation within thirty (30) days of notice of the dispute, and thereafter a suit or
action is instituted in connection therewith, the prevailing party shall be entitled to recover
in addition to costs and disbursements (including experts fees and all costs associated with
discovery), such sum as the court may adjudge reasonable as attorney fees, or in the event
of appeal, such fees as may be as allowed by the appellate court. Washington County
District Court shall be the venue for an action or suit concerning the terms of this
Agreement.
ENTIRE AGREEMENT.
It is understood and agreed that this instrument contains the entire Agreement
between the parties. It is further understood and agreed by Lessee that the City and its
agents have made no representations or promises with respect to this Agreement or the
making or entry into this Agreement, except as in this Agreement expressly set forth.
WARRANT OF AUTHORITY.
The individuals executing this Agreement warrant that they have full authority to
execute this Agreement on behalf of the entity for whom they are acting herein.
Lease - 2000-9020 SW Bumham PAGE 10
IN WITNESS WHEREOF, the respective parties have executed this instrument in
duplicate on this, the day and year first hereinabove written, and corporation signature being
by authority of its Boards of Directors.
CITY OF TIGAR®, OREGON cOmmuNITY ACTION ORGANXZATYON
By: By:
William A. Monahan, City Manager Jerralynn Ness, Executive Director
Community Partners for Affordable
Housing Inc.
By:
Sheila Fink, Executive Director
Lm/h:/docs/leases/2000-9020 Sumham lease.doc
Lease - 2000-9020 SW Bumham PAGE 11
PAGE 12
Lea-,;e - 2000.9020 SW Bumharm
NOTICE & WRnTEN CONSENT REQUIREMENTS
BURNHAM STREET LEASE
Use of Premises
➢ Regularly occupy & use premises - can't abandon or vacate for more than 10 days without
written approval of City.
Repairs & Improvements
Lessee will make no alteration, addition or improvements without prior written consent of City.
Termination of Lease
If Lessee uses premises for other than intended purposes (as stated in lease), City can
terminate lease with 10 days written notice. Lessee can appeal decision of City Manager to
City Council.
ia~ns
Lessee can alter free-standing sign structure with proper permits after receiving written prior
written consent from City.
Damage by Fire or Other Casualty
If property damaged by fire or other casualty, either party may terminate the lease as of the
date of casualty.
indemnification
➢ City must give Lessee 30 days written notification to commence repair of damage caused by
Lessee.
Insurance Certificates
➢ City must receive notice 30 days before expiration or cancellation of insurance policies.
➢ City can give 30 days notice to Lessee to change insurance carrier whose rating drops below
an A rating.
City can give 30 days notice to Lessee to modify coverage.
➢ Lessee provides certificate of insurance 15 days after change.
Breach of Lease Terms
If Lessee fails to perform/observe terms/conditions of lease for 10 days or more after written
notice of said failure by City, City may terminate the lease at any time without further notice.
NOU
Written notice sent in the mail is deemed delivered after 48 hours after the deposit in mail
system.
Lease - 2000-9020 SW Bumham PAGE 1
f~i chrr).e~1~ Lv
COMMERCIAL GENERAL LIABILITY
CS 805 (2-95)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS,
INCLUDING COMPLETED OPERATIONS
AND PRIMARY AND NON-CONTRIBUTING COVERAGE
TO THE EXTENT REQUIRED BY AN INSURED CONTRACT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LL4BILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
1. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization (called
"additional insured'I shown in the Schedule, but only with respect to:
(a) Vicarious liability arising out of your ongoing operations performed for the additional insured; or
(b) Liability arising out of any act or omission of the additional insured for which you have entered into an
enforceable "insured contract" which obligates you to indemnify the additional insured, or to furnish
insurance coverage for the additional insured, and arising out of your ongoing operations for that additional
insured.
2. Additional Exclusion. This insurance does not apply to "bodily injury", or "property damage" occurring after:
(a) All work, including materials, parts or equipment furnished in connection with such work, on the project
(other than service, maintenance or repairs), to be performed by or on behalf of the additional insured(s)
at the site of the covered operations has been completed; or
(b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by
any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
This exclusion does not apply to the extent that an "insured contract" requires that you assume the tort liability
of the additional insured arising out of a risk that would otherwise be excluded by this exclusion.
3. Section IV, Commercial General Liability Conditions, Paragraph 4, Other Insurance, is amended to add the
following subparagraph:
i
d. Additional Insured's Other Insurance As Excess Insurance
To the extent required by an "insured contract," this insurance is primary on behalf of the person or
{ organization shown in the Schedule of an additional insured endorsement attached to this polity, and any
other insurance maintained by that person or organization is excess and not contributory with this insurance.
If the "insured contract" does not require this provision, then paragraph a. above will apply.
s 4. The Limits of Insurance as provided in Section III are those shown in the Declarations or those limits which
a i are specified in an "insured contract" under which you assume the tort liability of the additional insured,
whichever are less. These Limits of Insurance are inclusive of and are not in addition to the Limits of Insurance
shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CS 805 (2-95)
AGENDA ITEM #
FOR AGENDA OF 11/28/00
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Response to Measure 7 Update
PREPARED BY: Jim Hendryx DEPT HEAD OK ITY MGR OK
ISSUE BEFORE THE COUNCIL
Consideration of the City's response to Measure 7 which was passed at the November 2000 election. Given the
effective date of the measure and uncertainty surrounding its requirements, specific recommendations are still
being developed and will be presented at the November 28, 2000 Council meeting.
STAFF RECOMMENDATION
The City Attorney and staff are evaluating the impacts of Measure 7, which becomes effective December 7, 2000,
and developing recommendations for Council's consideration.
INFORMATION SUMMARY
Measure 7 was passed at the November 2000 election. Measure 7 provides that governments have to reimburse
property owners if a governmental regulation "restricts the use of private real property, and the restriction has
the effect of reducing the value of a property on which the restriction is imposed."
The requirements of the measure are uncertain at this point. However, the City Attorney is recommending that
the City postpone adoption of new land use regulations or amendments to existing regulations, develop a
process to deal with Measure 7 claims, adopt an ordinance that would allow the City to refrain from applying
regulations if application of the regulations triggers a Measure 7 claim, and analyze some of the issues raised by
the measure which become effective on December 7, 2000.
The City Attorney and staff will be presenting information on Measure 7 and possibly presenting specific
recommendations for Council consideration. Given the effective date of the measure and uncertainty
surrounding the requirements, specific recommendations are still being developed and will be presented at the
November 28, 2000 Council meeting.
i
i
Attached is a memo from Tim Ramis and Gary Firestone from the City Attorney's office that contains items of
discussion on Measure 7. A draft ordinance is being prepared and will be sent to Council with this week's
3 newsletter.
a
a
OTHER ALTERNATIVES CONSIDERED
Take no action.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not applicable
FISCAL NOTES
Unknown at this time.
is citywide\sum.dot
Preston I Gates I El I is up
Full Text of Measure 7
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON:
THE CONSTITUTION OF THE STATE OF OREGON IS AMENDED BY ADDING THE
FOLLOWING SUBSECTIONS TO SECTION 18 OF ARTICLE I:
(a) If the state, a political subdivision of the state, or a local govemment passes or
enforces a regulation that restricts the use of private real property, and the restriction has
the effect of reducing the value of a property upon which the restriction is imposed; the
property owner shall be paid just compensation equal to the reduction in the fair market
value of the property.
(b) For purposes of this section, adoption or enforcement of historically and commonly
recognized nuisance laws shall not be deemed to have caused a reduction in the value
of a property. The phrase "historically and commonly recognized nuisance laws" shall be
narrowly construed in favor of a finding that just compensation is required under this
section.
(c) A regulating entity may impose, to the minimum extent required, a regulation to
implement a requirement of federal law without payment of compensation under this
section. Nothing in this 2000 Amendment shall require compensation due to a
government regulation prohibiting the use of a property for the purpose of selling
pornography, performing nude dancing, selling alcoholic beverages or other controlled
substances, or operating a casino or gaming parlor.
(d) Compensation shall be due the property owner if the regulation was adopted, first
enforced or applied after the current owner of the property became the owner, and
continues to apply to the property 90 days after the owner applies for compensation
under this section.
(e) Definitions: For purposes of this section, "regulation" shall include any law, rule,
ordinance, resolution, goal, or other enforceable enactment of government; "real
property" shall include any structure built or sited on the property, aggregate and other
removable minerals, and any forest product or other crop grown on the property;
"reduction in the fair market value" shall mean the difference in the fair market value of
the property before and after application of the regulation, and shall include the net cost
to the landowner of an affirmative obligation to protect, provide, or preserve wildlife
habitat, natural areas, wetlands, ecosystems, scenery, open space, historical,
archaeological or cultural resources, or low income housing; and "just compensation"
shall include, if a claim for compensation is denied or not fully paid within 90 days of
filing, reasonable attorney fees and expenses necessary to collect the compensation.
(f) If any phrase, clause, or part of this section is found to be invalid by a court of
competent jurisdiction, the remaining phrases, clauses and parts shall remain in full force
and effect.
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RRMIS CREW! CORRIGRN 503 243 2944 Nov 16,00 15:55 No.006 P.02
RAMIS DRAFT
CREW
CORRIGAN &
BACHRACH, LLp
ATTORNEYS AT LAW
172 N.W. strcac MEMORANDUM
Portlxrxl, pnso ~gon 97209
(503) 222.4402
Pax, (503) 243.2944
TO: Bill Monahan, City Manager
Jim 14endryx, Community Development Director
FROM: Timothy V. Ramis, Gary Firestone, City Attorney's Office
DATE: November 16, 2000
Rl: Measure 7
BACKGROUND
As you know, Measure 7 was passed at the November 2000 election. Measure 7 provides that
governments have to reimburse property owners if a governmental regulation "restricts the use of
private real property, and the restriction haft the effect of reducing the value of a property on which
the restriction is imposed." This memorandum recommends that the City postpone adoption of new
land use regulations or amendments to existing regulations, discusses the need for a process to deal
with Measure 7 claims, suggests adoption of an ordinance that would allow the City to refrain from
applying regulations if application of the regulations triggers a Measure 7 claim, and analyzes some of
the issues raised by Measure 7.
RAMIS CREW CORRIGAN 503 243 2944 Nov 16,00 15:55 No.006 P.03
Memorandum re; Measure 7
November 16, 2000
Page 2
DISCUSSION
A. ThQ City Should Postpone Adoption or Amendment of Land Use Regulations Until
Clarification About Measure 7 Is Obtained
Although Measure 7 probably applies to existing regulations, any new or amended land use
regulation' should be developed keeping in mind the potential for Measure 7 claims, However, there
are many unresolved issues relating to Measure 7, including its breadth (is a performance standard a
restriction on the use of real property?), its retroactivity, and the process that will be used to bring
Measure 7 claims. Until some of these unresolved issues are clarified, it is difficult to predict whether .
a particular land use regulation creates the potential for Measure 7 claim and it is similarly difficult to
know how to limit the likelihood of Measure 7 claims.
Some clarification of Measure 7 is likely to occur. The legislature may develop implementing
regulations that provide some guidance and may create safe harbors. Courts will eventually decide
some of the issues. Given the interest in Measure 7, the court cases are likely to come in short order,
To the extent that new or amended land use regulations can be postponed until the breadth and effect
of Measure 7 are better known, we strongly recommend that the new regulations or amendments be
postponed.
D. he City Should Develop a Process for Dealing with Measure 7 Claims
Measure 7 provides in part that if a claim for compensation is denied or not fully paid "within 90 days
of filing," the party awarded compensation shall be entitled to an award of reasonable attorney fees
and expenses. Mcasurc 7 contains no procedural provision and is not specific as to what constitutes
filing. This lack of specificity arguably allows local governments to establish a procedure for filing
claims if the legislature does not preempt the field.
listablishing a procedure can achieve several purposes. It -rnay be possible to establish minimum
standards and evidence needed to establish a claim, It may be possible to extend the time for
consideration of a claim by imposing prerequisites to "filing," It may be possible to establish a short
limitations period. Most importantly, a procedure will give the City a framework for making a
' We use the term "land use regulation" in a very broad sense to mean any enforceable
enactment that may affect the use of real property. This includes Comprehensive Plan and
Community Development Code amendments as well as Municipal Code amendments if they affect
the use of real property. Even non-code enactments (uncodified ordinances, resolutions
regulations, rubs) are subject to Measure 7.
KflMIS CREW CORRIGRN 503 243 2944 Nov 16 00 15:56 No.006 P.04
Memorandum re: Measure 7
November 16, 2000
Page 3
decision that allows considoration of public interests, private property interests, and the City's
llnances, policies, and priorities. While some possibility exists that the legislature will provide a
mandatory process or that courts will place restrictions on what process can be required, the
advantages of establishing a process are so great that we recommend the City start work on
establishing a process. Given that Measure 7 will become efrective on December 7. 2000, the City
should attempt to have its process in place by that time.
We believe the proc:.ss should be relatively simple, The process should include: V
1, Pre-filing requirements. Pre-filing requirements may include requirements to submit:
a. A statement of the basis of the claim;
b. An appraisal;
c. Proof of ownership at relevant times.
2. A review and hearingprocess. The review and hearing process should include:
a. Review by staff and City Attorney;
b. An executive session to discuss the staf lttorney recommendation;
A public hearing before the City Council at which both the claimant and other
will be allowed to present evidence and argument. Public involvement may
discourage baseless claims and/or build support for the City's decision.
3. Options for Decisions. The options for decisions should be limited so that the process
remains focused. The City will have three main options:
a. Enforce the regulation and agree to pay compensation;
i
b. Decide not to enforce the regulation under the circumstances;
s c. Enforce the regulation but deny compensation based on a determination that
the claim is baseless (the regulation does not restrict the use of property, the
fair market value of the property has not boon reduced).
RAMIS CREW CORRIGAN 503 243 2944 Nov 16,00 15:5r N0.006 N.05
Memorandum re: Measure 7
November 16, 2000
Page q
In many cases, some combination or variation of the basic options may be possible, Nothing in
Measure 7 precludes negotiation. The City may be able to modify the enforcement in a way that is
acceptable to the property owner or that renders the claim baseless.
Our office will prepare a draft ordinance for staff review, In addition to addressing Measure 7 claim
procedures it will include specific authority to refrain from enforcing land use regulations where there
is a constitutional basis for the forbearance.
C. litsues Raised I3y Measure 7
1. What does Measure 7 apply to?
Measure 7 applies to any "regulation" that "restricts the use of private real property," if "the
restriction has the effect of reducing the value of a property upon which the restriction is imposed."
"Regulation" is broadly defined as "any law, rule. ordinance, resolution, goal, or other enforceable
enactment of government." Although "regulation" does not appear to include a condition of
approval, it would apply to the regulation that authorized the condition of approval. Any local land
use action will probably involve a "regulation" that is subject to Measure 7.
The more important issue is: What type of regulations restrict the use of private real property? While
some land use regulations clearly restrict the use of property (prohibitions on certain types of uses),
other regulations less clearly restrict a use. Is a setback a restriction on use? Is a set of standards for
development a restriction on use? Does it make a difference that the standard requires the
expenditure of substantial funds to meet the standard?
2. Does Measure 7 provide any exceptions or exemptions?
Yes. Measure 7 contains two types of exceptions, Subsection (c) provides an exception for
regulations that "implement a requirement of federal law" and are imposed "to the minimum extent
required," Measure 7 also allows regulations of certain types of uses, specifically "historically and
commonly recognized nuisance[s]" and "selling pornography, peraorming nude dancing, selling
alcoholic beverages or other controlled substances, or operating a casino or gaming parlor."
RAMIS CREW CORRIGRN 503 243 2944 Nov 16,00 15:57 NO-006 P.06
Memorandum re: Measure 7
November 16, 2000
Page 5
3. Does Measure 7 apply retroactively?
Although it may be possible to argue that Measure 7 should follow the general rule that legislation is
prospective only and should not apply retroactively, legislation may be applied retroactively and shall
be applied retroactively if that is the intent of the body (in this case the electorate) passing the
legislation. Subsection (d) provides that compensation is due 1f the regulation was adopted, first
enforced or applied" after the current owner became the owner. The "or applied" language suggests
that Measure 7 applies to existing regulations any time they are applied to a specific property.
Although arguments to the contrary can be made, a substantial chance exists that Measure 7 is
retroactive to the extent that it applies to existing regulation if those regulations are applied after
Measure 7 becomes effective.
4. Who is responsible for mandated regulations?
Many of the City's regulations have been adopted to comply with federal, state, or local mandates.
Measure 7 provides an express exception for "a regulation to implement a requirement of federal law"
if the regulation is imposed "to the minimum extent required."
Measure 7 contains no similar exception for local regulations that are required by the state or by
Metro. Given the express exception for federal mandates and the lack of an exception for state or
regional mandates, local governments will probably be found to be responsible both for local
enforcementlapplication of state law and for local regulations required by state law.
5, What is the measure of damages?
The measure of damages is the "reduction in fair market value" which is the "difference in fair market
value before and after application of the regulation." The reduction in fair market value also includes
the cost of any "affirmative obligation to protect, provide, or preserve wildlife habitat, natural area,
wetlands, ecosystems, scenery, open space, historical, archaeological or cultural resources, or low
income housing."
The plain language would appear to require that the market value be determined as of the date of the
regulation. However, there is a possibility that the relevant date for the comparative appraisal would
be some other date, such as the date the claim is first presented or is "filed." Presumably, the
"diflerence in fhir market value" means the difference in value with or without the regulation.
I lowcvcr, a strict reading would be the difference in the value of the property the day before the
regulation was applied and the value of the property the day after the regulation was applied. If the
property is presently subject to a regulation, that difference will normally be zero (except that the cost
r
RAMIS CREW CORRIGRN 503 243 2944 Nov 16 00 15:58 No.006 P.07
Memorandum re: Measure 7
November 16, 2000
Page 6
of any affirmative obligations will be added) because the property value is affected by the existence of
the regulation rather than the application. Because that interpretation appears contrary to the intent
of the drafters, it will probably not be adopted, even though it is most consistent with the plain
language of the provision,
Assuming that the difference in fair market value means the difference between the value with and
without the regulation, the measure can be applied to every situation in which the use of the property
that would give it the most value (the "highest and best use" In real estate terms) is not a permitted
use. For example, in a zone that allowed only single family residences and limited home occupations,
If the property value would be higher if commercial use or a wider range of home occupations were
allowed, Measure 7 would require compensation if a person was prevented fl'om using the property
for commercial purposes or a different home occupation.
If the regulation affects only a portion of a property, the standards presently applicable to partial
takings would probably be applied. Those standards require a determination of the value of the
affected property, plus any loss In value to the unaffected property resulting from the inability to use
the property as a whole, leas any special benefit to the remaining property.
6. What defenses are possible?
The two basic defenses will be:
a. The regulation does not restrict the use of the property;
b. The regulation does not adversely affect property value.
In addition, in some cases the City may be able to raise one or more of the following defenses:
a. Retroactivity. Although Measure 7 probably applies to old regulations if the
regulation is nct "first enforced" or "applied" after the effective date of the
regulation.
b. Ripeness. If an existing regulation restricts the use of the property but the City
'ras taken no ection to enforce or apply the regulation, the claim is not ripe.
C. Procedural defects. If the City or the legislature establishes procedures, the
City may be able to defeat claims, at least temporarily, based on procedural
defects. I lowever, procedural defects can normally be cured.
R-HMIS CREW CURRIGRN 503 243 2944 Nov 1b,00 15:58 No.UUb N.08
Memorandum re: Measure 7
November 16, 2000
Page 7
d. Statute of Limitations. All claims are subject to a statute of limitations.
However, because no Measure 7 claim will accrue until Measure 7 is effective,
the defense wi11 not be available until the initial limitations period has passed.
The City may have some authority to establish a limitations period for Measure
7 claims; the legislature may establish a specific limitations period, or it is
possible that an existing limitations period would be applied. A Measure 7
claim does not clearly fit within any existing category and an argument could
be made for a two-year (ORS 12.110, injury to the rights of another); six-year
(ORS 12.080, injury to an interest in real property); or 10-year (determination
of aright or interest in real property) statute. The six-year statute is most likely,
e. The City is not responsible for the regulation. If the City was complying with a
mandatory federal requirement, the City has a defense under Measure 7. If the
City was complying with requirement imposed by state law or Metro, the City
may have an argument that Metro or the State should bear some or all of the
responsibility.
~flhemi9oo2Mmo uuro7.rtta2
KHI1I1J I.KtOP I.UKK1bHN bUJ 24J Ly44 NOV L1.UU 11;L4 NO.UUJ f .UL/UJ
RAMIS
CREW -
CORRIGAN &
EACHRACH, LLP
ATTORNEYS AT LAW
1727 N.W. Hoyt Street MEMORANDUM
Pertlend, Oregon 97209
(503) 222.4402
Fax: (503) 243.2944
TO: City Council of the City of Tigard
FROM: Timothy V. Ramie, Gary Firestone, City Attorney's Office
DATE: November 21 , 2000
RE: Ordinance Providing Process for Measure 7 Claims
BACKGROUND
The voters of the state approved Measure 7 in the November 2000 election. Measure 7
requires payment of compensation if a governmental regulation restricts the use of private real
property and the restriction reduces the value of the property. Measure 7 does not specify a process
for dealing with claims. Establishing a defined process for claims would allow the City and claimants
to focus on the substance and would allow all claims to be subject to uniform treatment. Failure to
establish a procedure could lead to an increased risk the City would have to pay poorly substantiated
claims and would increase the change the City would have to pay a claimant's attorney fi•ees for
delaying payment on meritorious claims.
A draft ordinance is offered for the Council's consideration, The ordinance would add a new
chapter to the Municipal Code. The ordinance clarifies what information needs to be provided in
submitting a claim, provides a procedure for the City's processing of claims, and sets out options for
resolving claims.
RECOMMENDATION
We recommend that the City Council pass the draft ordinance, with any modifications it
deems appropriate.
KNI•I l J t-KLW UUKK1UHN 'UJ Z40 4y44 IVOv 11 , UU 11;Z4 NO. UUJ N . UO U`J
Memorandum re: Ordinance Providing Process for Measure 7 Claims
November 21, 2000
Page 2
SUMMARY OF MAIN PROVISIONS'
Section 1.20.030 provides for an optional pre-application conference. A pr"ppiication
conference would provide City notice of a potential claims and allow the City to explain its position
to potential claimants.
Section 1.20.040 specifies the information that must be provided in a notice of claim to allow
the City to make an informed decision on the application. One of the key requirements is a
requirement to submit an appraisal comparing the value of the property with and without the
regulation. The application form must be signed by all property owners, with any property owner not
claiming compensation being required to waive the right to compensation.
Section 1.20.060 requires notice to nearby property owners.
Section 1.20.070 requires that a staff report be prepared and be reviewed and approved by the
Planning Director, Finance Director and City Manager before being submitted to the City Council.
Section 1.20.080 requires a public hearing before the City Council.
Section 1.20. 100 provides options for the Council decision, the options include denial of the
claim, payment of compensation, and waiver, suspension or modification of the regulation. Another
option is for the Council to issue a conditional decision, with compensation to be paid if funds arc
received from those objecting to any waiver or suspension of the regulation. If the required finds are
not received within a specified time, the regulation would be suspended or waived. The list of
options is not exclusive, the City Council may take any other action or combine the various options so
long as the final decision is consistent with Measure 7.
Section 1.20. 110 gives the City Council authority to take any of the actions provided as
options in Section 1,20. 100 and authorizes the City to retain an appraiser.
' Section 1.20.130 codifies the attorney fee provision from Measure 7 and adds a provision for
the City to recover its attorney fees.
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a
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'The numerical references in this analy®is are to the proposed Municipal Code section
numbers.