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City Council Packet - 05/15/2001. A PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead-time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date by calling: 503-639-4171, x309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - May 15, 2001 page 1 AGENDA TIGARD CITY COUNCIL. WORKSHOP MEETING May 15, 2001 6:30 PM i . WORKSHOP MEETING 1.1 Call to Order - City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications az Liaison Reports 1.5 Call to Council and Staff for Non Agenda Items 6:35 PM 2. TIGARD MUNICIPAL COURT ANNUAL REPORT AND MEETING WITH JUDGE O'BRIEN a. Staff Report: Finance Staff ai Municipal Court Judge O'Brien b. Council Discussion, Questions, Comments 7:05 PM 3. COMMUNICATIONS UPDATE a. Staff Report: Administration Staff b. Council Discussion, Questions, Comments 7:25 PM 4. DURHAM QUARRY UPDATE a. Staff Report: Community Development Staff b. Council Discussion, Questions, Comments 7:40 PM 5. STRATEGIC PLANNING OF FUNDING FOR THE LIBRARY, TRANSPORTATION, RECREATION AND PUBLIC FACILITY NEEDS/GENERAL FUND a. Staff Report: Administration Staff b. Council Discussion, Questions, Comments COUNCIL AGENDA - May 15, 2001 page 2 .A 8:10 PM 6. REVIEW OF PROPOSED REVISIONS TO TIGARD MUNICIPAL CODE CHAPTER 13.09, REIMBURSEMENT DISTRICTS a. Staff Report: Engineering Staff b. Council Discussion, Questions, Comments C. Council Direction: Should the Council direct staff to prepare the proposed revisions to Tigard Municipal Code 13.09, Reimbursement Districts 8:25 PM 7. DISCUSSION OF CITY ATTORNEY RATE INCREASE a. Staff Report: Administration Staff b. Council Discussion, Questions, Comments 8:40 PM 8. CITY MANAGER REVIEW 9:20 PM 9. COUNCIL LIAISON REPORTS 9:30 PM 10. NON-AGENDA ITEMS 9:40 PM 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statue. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:00 PM 12. ADJOURNMENT \1TIG333%US R\DEPTS\ADMICATHY\CCA\010515.DOC CO. 11NCIL AGENDA - May 15, 2001 page 3 Agenda Item No. 4. 1 Meeting of 7 - m - o l TIGARD CITY COUNCIL WORKSHOP MEETING MINUTES May 15, 2001 WORKSHOP MEETING 1.1 Call to Order -Mayor Griffith called the meeting to order at 6:33 p.m. 1.2 Roll Call: Mayor Griffith, Councilors Dirksen, Moore, Patton, and Scheckla Others Present: City Manager Bill Monahan, City Recorder Catherine Wheatley, Assistant to the City Manager Liz Newton, Public Works Director Ed Wegner, Finance Director Craig Prosser, Office Services and Court Manager Nadine Robinson, and City Engineer Gus Duenas. 1.3 Pledge of Allegiance 1.4 Council Communications 8T Liaison Reports: None 1.5 Call to Council and Staff for Non Agenda Items (See Item No. 10) 2. TIGARD MUNICIPAL COURT ANNUAL REPORT AND MEETING WITH JUDGE O'BRIEN Councilor Scheckla arrived at 6:35 p.m. Discussion of Photo Radar and Photo Red Light Program Judge O'Brien reviewed with the City Council the current situation with photo radar. Vendor issues have caused some reconsideration of the implementation date for Tigard. Rather than "piggy-backing" onto previous agreements with other jurisdictions, a whole new contract is under review. It is likely that it will be September before the matter is placed before the City Council. judge O'Brien noted that as Tigard implements the program, it will have the benefit of the City of Beaverton's experience. Cost issues, including initial capital investment, are being review by the Police Chief. In response to a question from Councilor Scheckla, Judge O'Brien advised that he was aware of only two vendors for photo radar/red light. Oregon cities utilizing this technology are Beaverton and Portland. Judge O'Brien discussed the legislation enabling the City of Tigard to participate in the photo radar/red light program. If shown to be effective, this program will probably be applied statewide. Judge O'Brien noted a court case concerning this program and said information on this case could be made available for City Council review. The COUNCIL MEETING MINUTES - May 15, 2001 page 1 case will be going to the Supreme Court when it reviews constitutional issues. Information on this court case Is on file with the City Recorder. Judge O'Brien reviewed the expectations that, when implemented, photo radar would generate 600 more cases a month. The City would need additional court staff. There is some concern that 1,000 cases a month would be needed to become cost effective. Discussion of Juvenile Caseload Judge O'Brien explained that juveniles are currently cited into Tigard Municipal Court and Peer Court for minor offenses. The Washington County Juvenile Court has asked the City of Tigard to consider expanding its juvenile caseload since that court often lacks the resources to effectively respond to first offenders. For more detailed information, the Staff Report is on file with the City Recorder. Discussion followed. A study will be conducted to review the number of cases to be referred. Judge O'Brien's sense was that it would be about 50 cases per month, which he thought would be manageable. Some subsidy for cost of this service would be expected from Washington County. Information from the study should be available around July 1. It is anticipated this item could be before the Council for further consideration in September. Initial comments indicated the City Council was in favor of pursuing this matter, noting the success of Peer Court (low recidivism) and attention to first-time offenders for minor offenses. 3. COMMUNICATIONS UPDATE Assistant to the City Manager Liz Newton presented the staff report and reviewed the communication tools being utilized by the City of Tigard staff. Detailed information of the City of Tigard communication plan is on file with the City Recorder. Comments included the following: • Neighborhood meetings are held with developers for proposed developments. If a developer withdraws or decides not to pursue the project, the neighbors are not notified. • Press releases are issued each week and the media uses this information most of the time. • Community Connector releases are issued regularly. Over 900 households in the Summerfield area were recently incorporated into the program. • Nine individuals are being trained or are in the process of being trained to use the camera equipment for cable television productions. COUNCIL MEETING MINUTES - May 15, 2001 page 2 • Cable television showcase programs for this year are planned for the Library and the 401 Birthday Celebration. • Suggestion: Include the Budget Committee minutes on the website. • A copy of the first "Goal Guide" was distributed to the City Council. 4. DURHAM QUARRY UPDATE Community Development Director Hendryx introduced this agenda item and also distributed information to the City Council. He introduced Larry Eisenberg from Washington County who updated the City Council on the status of the Durham Quarry. This has been a collaborative process among the jurisdictions of Washington County and the cities of Tigard, Tualatin and Durham. Mr. Eisenberg recapped the history of this property and the plans envisioned for its future to create a mixed-use, destination development. He also discussed the current high volumes and traffic situation, and described how these issues could be addressed. Council received information about proposals from "world class developers" from Teresa Wilson, Property Manager for Washington County. A staff recommendation for a developer will be submitted to the Washington County Board of Directors on May 22. > Russ Rutledge, Tigard High School Envoy, gave his update to the City Council. A copy of his Student Envoy Report is on file with the City Recorder. Mr. Rutledge introduced Mr. Nathan Leamy who will be the City Council Envoy for the next school year. It was noted that Mr. Rutledge received the "Community Leader of the Year Award." 5. STRATEGIC PLANNING OF FUNDING FOR THE LIBRARY, TRANSPORTATION, RECREATION AND PUBLIC FACILITY NEEDS/GENERAL FUND City Manager Monahan introduced this agenda item. A copy of the PowerPoint presentation illustrating the highlights of the information offered to the City Council is on file with the City Recorder. Finance Director Prosser reviewed the financial forecast. City Manager Monahan reviewed the election requirements, potential dates, and "realities." Discussion followed, with key issues identified (brainstormed) as followed: 1. Library 2. Transportation COUNCIL MEETING MINUTES - May 15, 2001 page 3 Elements: major collectors; alternatives to Pacific Highway 99 Operations and maintenance of roads 3. Local Operating Levies 4. Washington Square Implementation Transportation Open space Drainage 5. Recreation Programs Facilities 6. Water Supply Revenue Bond 7. Downtown Redevelopment 8. City Facilities Renovate library building for offices Renovate City Hall offices (possibly from funds set aside now for the Library) Determine whether feasible or desirable to purchase the water building Relocate public works Determine whether to sell the current Public Works yard Extend life of police building by udl:ling the "Niche" building 9. Parks and Trails Acquisition Development 10. Sewer Extension Program 11. Commuter Rail 12. Bus System and Shelters 13. Sidewalks 14. Annexation - Operating and Equipment Costs 15. Urban Growth Boundary Expansion 16. Social Services 17. Affordable Housing 18. Population Diversity 19. Funding Mechanism for Development - Infrastructure - Downtown - Triangle - Washington Square City staff will review the above list and come back to the City Council at its June 19 workshop meeting with timelines (trigger points) and funding information. Councilor Patton noted the urgency to move forward on the library in light of the tight timelines. COUNCIL MEETING MINUTES - May 15, 2001 page 4 Council consensus was that the library would be addressed first. Components of transportation could also be addressed as a high priority. The Transportation Financing Strategies Task Force is not ready to make a proposal, according to City Engineer Duenas. Meeting recessed at 9:17 p.m. Meeting reconvened at 9:21 p.m. 6. REVIEW OF PROPOSED REVISIONS TO TIGARD MUNICIPAL CODE CHAPTER 13.09, REIMBURSEMENT DISTRICTS City Engineer Duenas reviewed this agenda item. A copy of the staff report and the PowerPoint presentation is on file with the City Recorder. After brief discussion, Council agreed to the staff recommendations updating the TMC, as outlined by staff: Retain the flexibility of the existing ordinance. o Allow administrative overhead costs to be included in the reimbursement fee. • Allow the cost of purchasing an easement within the reimbursement district to be included in the reimbursement fee. Staff will propose an incentive program on June 12, 2001. 7. DISCUSSION OF CITY ATTORNEY RATE INCREASE City Manager Monahan noted this agenda item was a continuation of the discussion from the May 8, 2001, City Council meeting. A copy of the staff report outlining the rate increase proposed by City Attorney staff is on file with the City Recorder. Staff recommended that the City Council approve the rate increase effective July 1, 2001. Council consensus was for staff to proceed by placing this item on the Council business agenda. (Note: Item No. 10, Non Agenda Items, was discussed at this time.) 8. CITY MANAGER REVIEW Mayor Griffith distributed a summary of tabulated results of a performance review form that was completed by the City Council for City Manager Monahan. He advised that, primarily, ali areas of performance were commented on favorably. Areas of concern were in "organization and planning" insofar as comments were made that Council members would like to see the City Manager place greater emphasis on long- range planning, with more day-to-day items delegated to the department heads. COUNCIL MEETING MINUTES - May 15, 2001 page 5 Mayor Griffith reviewed each of the evaluation areas. A copy of the tabulated performance evaluation form is on file with the City Recorder. Communication skills were rated high. Leadership skills are acceptable. Several Council members noted they would be amenable to the City Manager taking more risks. Council noted that financially the City is in good shape. The Mayor noted that Finance Director Prosser is doing a good job through the City Manager's guidance. Job knowledge posed no areas of concern for the Council. The Mayor advised the City Manager that, "You know your job and you do it very well." Councilor Patton said that overall the City Manager was doing an excellent job. She noted his good skill in selecting employees; that is, hiring the right people for the right job. Councilor Moore advised that he thought the City Manager was doing a great job and said that Mr. Monahan is easy to work with. Councilor Dirksen noted that he "took a light hand on this evaluation because of newness." He said he thought the City of Tigard was fortunate to have Bill Monahan as its City Manager. He said he was inclined to disagree with the comment that the City Manager should focus more on long-range planning, saying that he thought this should be a City Council responsibility. Also, he said he wasn't sure If the City Manager should be taking a lot of risks, again noting this may be an assignment for the City Council. Councilor Moore explained that he would like the City Manager to be aggressive and identify alternatives ('outside the box"). He said it's easier to ask the Manager to pull back rather than to "send out there." Councilor Scheckla said he did not know if the City Manager should be taking a lot of risks, but agreed he would like the Council to be presented with more options. He said he thinks the City Manager does a great job of keeping the City Council Informed and referred to the weekly newsletter. He also said he appreciated the manner in which the City Manager "gets out in the community" and represents the City in a positive light. City Manager Monahan noted the cost of living allowance Is automatically provided for in his contract. This is the last year of a four-year contract. Councilor Moore noted that this contract should be reviewed by the City Council within the next six months. COUNCIL MEETING MINUTES - May 15, 2001 page 6 There was discussion on the City Council setting some goals for the City Manager for the coming year. Councilor Moore suggested the goals then be reviewed on a quarterly basis. Mr. Monahan will provide additional information for the City Council that will assist in a review of compensation (to be discussed at the next City Council meeting). City Manager Monahan described a program with the International City/County Management Association (ICMA), known as the Resource Cities Program. iCMA approached the City of Tigard asking if the City would be interested in exporting local government expertise to a locality that needs and desires assistance in building a strong democratic organization. The City Manager explained there might be an opportunity to partner with Washington County to assist Bekasi, Indonesia. Mr. Monahan described the length of the program and the commitment that would be expected of the City. He said this would be an good employment incentive for him and for department heads and other staff members who have "topped out" in their salary range. Majority Council consensus was that the ICMA program should be investigated further. Comments included that it was a good idea for professional development and also a good way for the City to recognize the contributions of staff. Councilor Scheckla asked for more information noting there might be a perceptual concern in the community if the City asks for more resources while also sending staff out of the country. City Manager Monahan will send additional information to City Council for review. 9. COUNCIL LIAISON REPORTS: None 10. NON-AGENDA ITEMS The following items were noted: ■ The Westside Transportation Alliance Board of Directors list was distributed to City Council. A memorandum from City Manager Monahan concerning the Tigard High School Graduation Fireworks was distributed to the City Council. Previously, the School District asked that the City consider placing the graduation fireworks under the City insurance policy. Since that time, the School District has found and purchased insurance for this event. A copy of the memorandum is on file with the City Recorder. ■ A memorandum from City Manager Monahan concerning a "smoke-free" ordinance was distributed to the City Council. The City Council, at a previous meeting, indicated it was not interested in pursuing such an COUNCIL MEETING MINUTES - May 15, 2001 page 7 ordinance. Information on how the City of Tualatin is proceeding on this matter was included. A copy of the memorandum Is on file with the City Recorder. Mr. Monahan advised that Recognition Resolutions will be proposed for: 1) Acknowledgement of 20 Years of Service of the Ramis, Crew, Corrigan and Bachrach law firm at the June 12 meeting 2) Acknowledgement of Tigard High School Student Envoy Russ Rutledge at the ] une 12 meeting Councilor Patton updated the Council about Mr. Jaime Ramsey, who appeared at the City Council Visitor's Agenda on May 8. Mr. Ramsey will be invited to attend an upcoming 1WB meeting, after Public Works Director Wegner notifies IWB representatives. This meeting would provide an opportunity for representatives of all jurisdictions to respond to Mr. Ramsey's questions. A bus located on SW 1131 (and the subject of a Visitor's Agenda issue presented by Mr. Stanley Wood at the May 8, 2001, City Council meeting) was towed off this site today. (Note: At this time the City Manager's Review, Item No. 8, was conducted) 11. EXECUTIVE SESSION: Canceled 12. ADJOURNMENT: 10:16 p.m. City Recorder, Catherine Wheatley Attest: COUNCIL MEETING MINUTES - May 15, 2001 page 8 \\T I G 333U_I S R\D E PTS\AD M\CATHY\C CA\010515.000 AGENDA TIGARD CITY COUNCIL WORKSHOP MEETING MAY 15, 2001 - 6:30 p.m. ➢ Study Meeting N/A - Workshop Meeting ➢ Administrative Items/ Non Agenda ■ Westside Transportation Alliance - Board of Directors List. - (Distributed to City Council) ■ Tigard High School Graduation Fireworks - Memo from Bill Monahan (Distributed to City Council.) ■ Smoke-Free Ordinance - Memo from Bill Monahan (Distributed to city Council.) • Recognition Resolutions will be proposed for 1) Acknowledgement of 20 Years of Service of the Ramis, Crew, Corrigan and Bachrach law firm. (June 12 meeting). 2) Acknowledgement of Tigard High School Student Envoy Russ Rutledge (June 12 meeting). No Executive Session Meeting is scheduled... 05/11/2001 08:05 6174976 101irestsida Transportation Alliance Board of Directors - 2001 Kim Duncan, Exec. Dir. Mrktng d, Cust Service; Trl Met C~1-f'J~ticip 4012 S. E. 17th Ave. $ ao r+ t mlime Portland, OR 97202 Ph 982-5819; Fax ; duncanketri-met.org Mark Gorman, Sr. Mrktng Specialist; Intel Corp. p; Ott c ,As, 5200 N. E. Elam Young Pkwy. JF3-107 Hillsboro, OR 97124.6497 Ph 264-3561; Fax 2541823; marlkre_pub att'alrs_gomwn®ccm.1f.intel.oom Kathleen A. Lehtola, Assist. Dlr. Land Use 8 Transp.; Washington County $Lt re fa ry/ 155 N. First, Suite 350.18 Hibbom. OR 97124-3072 rC.tS r" Ph 640.1408; Fax 840.958&, kathy_iehtolaCoo.washington.or.us Kimberly Plllon, Environmental Adm.; Fred Meyer Dt irtahr P. O. Box 42121 Portland, OR 97242 Ph 797-7915; Fax 797-5509; kpillon4Mhedmeyer.oom John Gaffel, Sr. V. P. Marketing & Timberline Software Corp. 15195 N. W. Greenbrier Pkwy. Beaverton, OR 97005 Ph 439-5180; Fax 439-5960; )ohnt NlcHerriges,; Wrsc~wr 9005 S. W. Awry St Tualatin, OR 97062 Ph 753-5769; Fax ; hertigesolaw.oom mow 401K C.dsMce *A wA6 Wi44L /00,4103K iA, Linda Odekirk, Transportation Specialist; Nuke Inc. Facilities JR-4, One Bowerman Drive Beaverton, OR 97006 Ph 532-2786; Fax 532-2925; Ilndo.odekir PAGE 0: com ~4S CORRECTION THE PRECEEDING RECORD OR DOCUMENTS HAVE BEEN RE-PHOTOGRAPHED TO ASSURE LEGIBILITY OR SEQUENCE AND THEIR IMAGE OR IMAGES APPEAR TMMEDIATLEY 2" Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a governing body, which Is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (a) - . Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. 192.660 (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (e) - Real property transaction negotiations. 192.660(0- Exempt public records - to consider records that are "exempt by law from public Inspection." These records are specifically identified in the Oregon Revised Statutes. 192-660 (g) - Trade negotiations - Involving matters of trade or commerce In which the governing body is competing with other governing bodies. 192.660 (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 192.660 (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used In evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (j) - Public investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (k)- Relates to health professional regulatory board. I:WDWCATHMOUNCI000 PINK SHEET 010515.DOC 05/11/2001 08:05 6174976 Westside Transportation Alliance Board of Directors - 2001 Kin Duncan, Exec. Dir. Mrktng & Cost Service; Td-Met Y•r' >ditip 4012 S. E. 17th Ave. oa Nrow~ r Portland, OR 97202 Ph 962-5819; Fax ; duncsnki) W-met.org Mark Gorman, Sr. Mrktng Specialist; Intel Corp. Pr` ~►r 5200 N. E. Elam Young Pkwy. JF3-1o7 Hillsboro, OR 971244497 Ph 264-3581; Fax 264-1823; rns"-pub aBais_gormana=n.n.intai.oui.1 Kathkmn A. Lehtols, Assist. Dir. Land Use & Transp.; Washington County Stc ra11'! P 155 N. First. Suite 350-18 Hillsboro, OR 97124-3072 1P4AS&&rr-r Ph 640-5406; Fax 640-3588; knthy_bhtolaGco.washington.or.us Kimberly Pillon, Environmental Adm.; Fred Meyer ~r redbr P. O. Box 42121 Portland, OR 97242 Ph 797-7915; Fax 797-5809; kpillon(Mrrodmeyer.oom PAGE 02 John Getfel, Sr. V. P. Marketing & Operat . Tmberllne Sotlwan Corp. 0-1V ;r 15195 N. W. Gmenbrier Pkwy. Beaverton, OR 97006 Ph 439-5160; Fax 439-5960; john"Urnit rline.corr Nk: Herrigea, ; L>. &Chr 9M S. W. Avery St Tualatin, OR 97052 Ph 753.5769; Fax; hsrriges®tew.com ~dw 1AP1K cooltAtr er S brA w;4!4- A ,%4103V 7.. *x3 m b+..s Linda Odekirk, Transportation Specialist; -Fp Nice Inc. Facilities JR-4, One Bowerman Drive Beaverton, OR 97006 Ph 532-2788; Fax 532-2925; lindo.odekirk nike.com MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor a d City Council Members FROM: Bill Monaha DATE: May 15, 2001 SUBJECT: Tigard High School Graduation Fireworks Last week the Council discussed Superintendent of Schools Steve Lowder's request that the City consider placing the graduation fireworks under the City insurance policy. Council gave me direction on how to proceed. After a number of telephone messages, I sent Steve Lowder an e-mail on May 11 stating the issues which Council suggested needed to be addressed before the City could place the event under our insurance policy. Mr. Lowder acknowledged my memo and forwarded it to his risk manager. Yesterday, Loreen Mills was contacted by Jan Irwin, risk manager for the school district. Apparently, Ms. Irwin had already bought insurance for the fireworks display, not aware that Mr. Lowder was working with us. Since the district already has insurance, Loreen was advised that City coverage was not needed this year. It is not clear whether the district will request coverage next year. The district is aware that there is no certainty that the City insurance policy in place next year will allow us to add the event. No further action is expected on this matter. I:VADMIBILLWEMOSIGRADUATION FIREWORKS INSURANCEAOC From: Bill Monahan To: slowder@ttsd.kl2.or.us Date: 5/11/01 4:35PM Subject: Graduation Hi Steve, Council discussed your request for the City to provide coverage for the fireworks to be displayed at the graduation. Council authorized me to work with you to accomplish this so long as the City does not incur cost or exposure. Here are the items we need to address; - while there is no charge for the coverage under the City's insurance policy this year, should there be a problem resulting from the fireworks, our cost of future coverage could be affected by the problem. Thus, for the City to cover the event, we will need written assurance that the District will indemnify us for all costs which could result from the fireworks (future insurance policies). - if the City provides the coverage, it is for this year only. Should the District wish to have fireworks at a future graduation event, a new request will be needed. Our present insurance policy would allow us to add the event, we may not have the same carrier in the future, thus we may not be able to offer our assistance. - Council would like to have assurance from the District that all neighbors in the surrounding area are given sufficient advance notice that fireworks will be part of the exercise. Such notice should provide sufficient detail so the neighbors know what to expect. - as your letter indicates, the person handling and setting off the fireworks is a licenced pyrotechnician, with all credentials up to date and on file. - the Fire Marshal must review and sign off on the plan in advance. From the information contained in your letter, I believe the issues should be easily addressed. Loreen Mills, our risk manager, will handle the details from our end. Loreen has advised me that we need information as soon as possible. Once we get an agreement to sign Loreen can arrange for coverage and obtain the appropriate documentation from our carrier. Best wishes, Bill Bill Monahan City Manager (503) 639-4171, ext 306 bill@ci.tigard.or.us CC: Loreen Mills . uaiuo/ut •lUE 14:14 FAX 503 431 4047 TIGARD TUALATIN SCHOOLS [a 00 Tigard - TUalatiin School Llis&ict 231 - - ► Larry Hibbard Administration center 6960 SW sandburg street Tigard, Oregon 97223 Svc/~,,~ yv~" 503-431-4000 • fax 503-431-4047 www.ttsdAllor.us April 25, 2001 Cathy Wheatley City of Tigard 13125 SW Hall St. Tigard, OR 97223 RE: Sponsorship Assistance for Tigard High School Graduation Dear Cathy, On behalf of Tigard High School, I am requesti-ig the assistance of the City of Tigard in sponsoring the high school graduation. As you know this event is scheduled for Friday, June 8, 2001 beginning at 7:30 p.m., and will be held on the grounds of Tigard High School- The particular area of concern is the fireworks display that the seniors have planned. The insurance carrier for the District has refused to endorse this activity onto the District's policy unless a premium payment of $10,000 is made. Obviously, this is beyond the financial means of the Tigard Senior Class, as well as the District. We understand that the City of Tigard has the ability to endorse onto their insurance policy one- time events such as the planned fireworks display- Our desire is that the City assist the District by providing coverage for the licensed pyrotechnic:ian. Tom Bryan has told me that the Fire Marshal needs a certificate of coverage in order to permit the display- Naturally, the District will be responsible for the premium charged for this endorsement. Should the cost of placing this insurance rider exceed $250, please notify me before ordering this coverage. Thank you for your assistance in solving this problem. If you have any questions, please contact my. assistant, Cathy Ohm or me at 43113002. Respectfu I I Steve Lowder, Ed.D Superintendent cc: School Board Mark Kubiaczyk, THS Principal Barb Proctor, THS Associate Principal Page 1 of 1 FYI - there is no charge for the coverage under the City's policy this year. Let me know when you get the agreement you are looking for with the School District and we can get the coverage issued the same day. Thanks Loreen file://C:\WINDOWS\TEMP\GW } 00009.HTM 5111101 v MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council Members FRONT: Bill Monaha DATE: May 15, 2001 SUBJECT: Smoke-Free Ordinance Last week the City Council discussed the City of Tualatin's proposed ordinance which would prohibit smoking in public places within Tualatin, including restaurants. Council advised that it is not interested in considering a similar ordinance at this time. Last week I advised Mayor Lou Ogden and City Manager Steve Wheeler of Tualatin of the Council's direction. Both Mayor Ogden and Manager Wheeler understood the City's position and noted that Tuala*.,, will press ahead to discuss a proposed ordinance. Please note that the City of Tualatin council will consider a revised ordinance on May 29. Steve Wheeler's letter of May 3, 2001, notes the modifications the council will consider when it discusses the ordinance on May 29. This memo and attached documents are provided for information only, no action is proposed. aft I:W DM0LLWEMOSZWKEf REE.DOC uailuiul THU 11:51 FAX 503 692 5421 CITY OF TUAL.ATIN [it 002 2jx&~,' City of Tualatin 18880 SW Martinani Avenue Tualatin, Oregon 97068-7095 A~ Main 503.692.5000 TDD 503.692.0574 May 3, 2001 Mayor Rob Drake City of Beaverton P.O. Box 4755 Beaverton, OR 97076 Rob: Mayor Ogden asked me to send you a draft of the proposed smoke-free ordinance in Tualatin. It is enclosed, along with our covering staff report. In addition the following modifications will be considered: Eliminating the requirement that businesses post their no smoking policy; Have the fine start at s $100 for first offenses (eliminating the not < $50 for a first violation. Have a review of bars (which are not covered under this ordinance) at time certain, perhaps six months or a year, to determine if they should also be covered by the ordinance. It is most likely to be considered in final format at the City Council's May 29th meeting. Please let me know if you have additional questions. Sincerely, Steve Wheeler City Manager ms enclosure it"rek90503.1tr c. Tualatin Mayor Lou Ogden (letter only) .~.i. vv~vi iuc ti. oa rraa ~uJ bV2 b421 CITY OF TUALATIN City of Tualatin, Oregon COUNCIL AGENDA STATEMENT Meeting Date April 23, 2001 Agenda Item No. 1@004 Item Title DISCUSSION OF PROPOSED ORDINANCE PREPARED BY TOBACCO-FREE COALITION OF WASHINGTON COUNTY. Prepared by Brenda Braden, City Attorney- Department Legal Services Explanation At the request of the Tobacco-Free Coalition of Washington County, Councilor Bergstrom asked staff to place the Coalition's proposed ordinance regarding tobacco usage on the agenda for discussion. The proposed ordinance contains the following important provisions: 1. Smoking would be prohibited in all public places within the City, including restaurants, and common use areas such as lobbies. 2. Smoking would be prohibited in work places and employers would be required to maintain a written smoking policy. However, employers would not be required to spend money to make physical or structural alterations to their facilities. 3. Smoking could not occur within 10 feet of an entrance of an enclosed area where smoking is prohibited. 4. Bars where minors are prohibited at all times, private residences that are not used as a daycare or healthcare facility and rented hotel/motel rooms are not subject to the smoking restrictions. 5. It prohibits the sale of tobacco products by self-service machines except machines regulated by Oregon state law or where minors are prohibited on the premises. 6. It prohibits a person from selling tobacco in any form to a minor, 7. It prohibits advertising tobacco products closer than 36 inches from the floor. 8. Violations would be infractions with fines up to $500, and would be heard by the Municipal Court. Special Issues If Council decides an ordinance should be brought forward, the proposed ordinance would be redrafted into the City's format and style. Financial Statement There would be the cost of enforcing the ordinance if it is passed. At the present time we would anticipate enforcement on a complaint basis, rather than actively seeking violations. Account No. Recommendation Consider the proposed ordinance. Council may adopt the ordinance as written (subject to redrafting for format changes); modify portions of the ordinance or take no action on the proposed ordinance (effectively rejecting it.) Discussed `P Approved By Tualatin City Council Board/Commission Recommendation n/a Date Y/a3/Ot Attachments (Listed Below) v Proposed ordinance language vv' - - 1VI... 14-4u rAn aua OV2 5411 CITY OF TUALATIN Proposed Ordinance Language Prepared by Tobacco-Free Coalition of Washington County Chapter 1. Definitions. 1. Bar - An area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. A "bar" for the purpose of this definition does not include any establishment where minors are allowed at any time whether such minor is a patron or employee. A "bar" for the purpose of this definition does not include any establishment where tobacco smoke can filter into areas where smoking is prohibited through a passageway, ventilation system, or any other means. 2. Business - Any sole proprietorship, partnership, joint venture, corporation, or other business entity, including retail establishments where goods or services are sold as well as professional corporations and other entities where professional services are delivered. 3. Employee - Any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity. a. Employer Any person or entity who employs the services of one or more individuals. 5. Enclosed area - All space between a floor and a ceiling which is exposed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structure. 6. Mlnor - Any person under the age of eighteen (18). 7. Place of employment - Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, cafeterias and hallways. A private residence is not a `place of employment" unless it is used as a childcare, adult day care, or health care facility. 8. Public place - Any enclosed area to which the public is invited or in which the public is permitted including but not limited to banks, education facilities, health facilities, Laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a'public place' unless it•is used as a childcare, adult day care, or health care facility. 9. Restaurant - Any coffee shop, cafeteria, sandwich stand, private or public school cafeteria, and any other eating establishment which gives or offers for salg food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge dr tavern if said cocktail lounge or tavern is a "bar" as defined in Definition (1) above. LUG 11:4u rnA Sus 692 5421 CITY OF TUALATIN Page 2 10. Retail tobacco store -A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental and no minors are allowed on the premises at any time. 11. service line Any indoor line, or any portion of an indoor line that extends out of doors, at which one or more persons are waiting for or receiving services of any kind, whether or not such services involves the exchange of money. 12. Smoking - Any inhaling, exhaling, burning, or carving any lighted cigar, cigarette, pipe, weed, plant, or other tobacco like product or substance in any manner or in any form. 13. Sports Arena - Any sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller and ice rinks, and other places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events except bowling alleys. 14. Tobacco product Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhalation, or other means of ingestion. 15. Vendor-assisted - Only a store employee has access to the tobacco product and assists the customer by supplying the tobacco product; the customer does not take possession of the tobacco product until after it is purchased. Chapter 2. Tobacco products and smoking. Sec. 2000. Smoklna erohiblted In public places. 1. Smoking shall be prohibited in all enclosed public places within the City or located on City owned property, including, but not limited to the following places: a. Elevators; b. Rest rooms, lobbies, reception areas, hallways, and any other common-use areas; C. Buses, taxicabs, and any other means of public transportation under the authority of the City; d. Service lines, or within 10 feet of a service line that extends out of doors; e. Retail stores; f. All areas available and customarily used by the general public located in all businesses patronized by the public, including non-profit and public businesses. Affected businesses include, but are not limited to, professional offices, banks, Iraundromats, hotels and motels; g, Restaurants; h. Any facility which is primarily used for exhibiting any motion picture, state or drama production, lecture, music recital or other similar performances, except performers when smoking is part of a stage or drama production; - - L Sports arena, including convention halls; j. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council commission, committee, including joint committees, or agencies of the City or any political subdivision of the City 121004 ivz 11:41 rAe Dui OW2 5421 CITY OF TUAL.ATIN Page 3 during such time as a public meeting is in progress, to the extent such a place is subject to the jurisdiction of the City; k. Waiting rooms, hallways, wards, and semiprivate rooms of health care facilities, including, f tot limited to, hospitals, clinics, physical therapy facilities, doctors and dentist z, cffices; 1. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailers parks, retirement facilities, nursing homes, and other multiple-unit residential facilities; and rn. Polling places. 2. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or faciiity.as a non-smoking establishment. Sec 2001 Smoking prohibited in places of employment. 1. It shall be the responsibility of employers to provide a smoke-free work place for all employees, but employers are not required to incur any expense to make structural or other physical madifications. 2. Within 90 days of the effective date of this article, each employer having an enclosed place of employment located within the City shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements: Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. 3. The smoking policy shall be communicated to all employees within three (3) weeks of its adoption. 4. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee. Sec 2002 Smoking prohibited outside entrances. Smoking shall not occur within a reasonable distance, not to be less than ten (10) feet, of any entrance of any enclosed area where smoking is prohibited or of any service line that extends out of doors. Sec 2003 Places where smoking is not regulated. Notwithstanding any other provision of this section to the contrary, the following areas shall not be subject to any smoking restrictions contained within this section:- -Q 00 a. Bars which meet the requirements of Chapter 1, definition 1 of this Ordinance; b. Retail tobacco stores; u.1. uo,ul LLIL 11:41 FA.& 503 892 5421 CITY OF TUALATIN Page 4 C. Private residences, unless the private residence is used as a childcare, adult day care, or health care facility; d. Rented motel/hotel rooms that are designated in some manner as smoking allowed rooms by the owners of the establishment renting the rooms; e. Private rooms rented for an occupancy that exceeds one month and that are not located in a private residence used as a childcare, adult day care or health care facility. Sec. 2004. Posting "no smoking" signs. "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across the cigarette) shall be dearly, sufficiently, and conspicuously posted in every building or other area where smoking is prohibited by this article, by the owner, manager, or other person having control of such building or other area, including private residences used as a child care, adult day care or health care facility. 2. Every public place where smoking is prohibited by this section shall have posed at every entrance a conspicuous sign stating that smoking is prohibited. Sec. 2005. Non-retaliation. It shall be a violation of this section for any person or employer to discharge, refuse to hire, or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of this ordinance. Sec. 2005. Smoking in or near entrances to publicly o_Wned buildinns. No person shall smoke anywhere within any publicly owned building. 2. No person shall smoke within '10 feet of any entrance to a publicly owned building. 3. •A violation of this section is a Glass B infraction. Sec. 2007. Other violations and penalties. 1. It shall be a violation of this chapter for every day any person who owns, manages, operates or otherwise controls the use of any premises, subject to regulation under this section, fails to comply with any provisions herein. 2. It shall be a violation of this section for any person to smoke in any area where smoking is prohibited by the provisions of this section. 3. Any person who violates this section shall be guilty of an infraction, punishable by a fine; a. Not less than fifty dollars ($50.00), nor more than one hundred dollars ($100,00) for a first violation within any 12 (twelve) month period; b. Not less than one hundred dollars ($100.00), nor more than two hundred dollars ($200.00) for a second violation within any 12 (twelve) month period, IM 00( vl LUG 11:44 rAA pus U92 5421 CITY OF TUALATIN '-12100 Page 5 C. Not less than two hundred and fifty dollars ($250.00), nor more than five hundred dollars ($500.00) for each additional violation of this section within any 12 (twelve) month period. 4. Notwithstanding any other provision of this section, an employer or private citizen may file a citizen complaint to enforce this section under chapter Sec. 2008. Severability. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable. Sec. 2009. Other Laws. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Chapter 3. Display of tobacco products Sec. 3000. Tobacco self-service prohibited It shall be unlawful for any person, business, tobacco retailer or other establishment subject to this article to sell, permit to be sold, or offer for sale any tobacco product by means of self- service displays or by any other means other than vendor-assisted sales. Sec. 3001. Areas where tobacco self-service is not prohibited This section shall not apply to tobacco vending machines regulated by Oregon state law, tobacco retail stores, or to any business, retailer or establishment which is licensed by the Oregon Liquor Control Commission for a dispensing license and required to be posted preventing any minors from access to the premises. Sec_ 3002. Non-retaliation. No person or employer may discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of this chapter. Sec. 3003. Responsibility for sales to minors. A person who owns, operates, manages or is in charge of a business commits a civil violation if an employee or agent of the business violates this section by distributing, selling, or causing to be sold, tobacco in any form to a person less than 18 years of age. Sec, 3004. Penalties. 1, It shall be a violation of this chapter other than Sec. 3403 for every day any person who owns, manages, operates, or otherwise controls the use of any premises, subject to regulation under this article, fails to comply with any provisions herein. our. 11.4A rAA au4 OV2 54'X1 CITY OF TUALATIN Page 6 2. Any person who violates this section shall be guilty of a violation punishable by a tine not to exceed Five Hundred Dollars ($500.00). 3. Notwithstanding any other provision of this section, an employer or private citizen may file a citizen complaint to enforce this section under chapter _ _ Ch_ aoter 4. Tobacco Advertising Sec. 4000. Advertisina Placement No tobacco product advertising shall be placed below thirty-six (36) inches, as measured from the establishment's natural floor. Sec. 4001. Areas where advertlslna placement not regulated This section shall not apply to any tobacco retail store or any business, retailer, or establishment who is presently licensed by the Oregon Liquor Control commission for a dispensing license, and required to be posted preventing any minors from accessing the premises. Sec. 4002. Pion-retaliation. No person or employer may discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reports or attempts to prosecute any violation of this chapter. Sec. 4002. Penalties. 1. It shall be a violation of this section for every day any person who owns, manages, operates, or otherwise controls the use of any premises, subject to regulation under this article, fails to comply with any provisions herein. 2. Any person who violates this section shall be guilty of a violation punishable by a fine not to exceed Five Hundred Dollars ($500.00). 0 008 3. Notwithstanding any other provision of this section, an employer or private citizen may file a citizen complaint to enforce this section under chapter Page 1 of 1 FYI - there is no charge for the coverage under the City's policy this year. Let me know when you get the agreement you are looking for with the School District and we can get the coverage issued the same day. Thanks Loreen file://C:\WINDOWS\TEMP\GW } 00009.HTM 5111101 Tigard High Leadership 9000 SW Durham Road - Tigard - Oregon - 97224 (503) 431-5518 - FAX (503) 431-5410 - http://ths.ttsd.kl2.or.us/leadership/home.htmi Addlaor Judy ltdZi Student Envoy Report PreR "A thousand mile journey begins with a single step. " Angela Dawk0an - - Chinese Proverb Vicar4hesident Tigard City Council May 15th 2001 Jesse Pickens ActWRJas Old Business cry Maciariailo April 29 - Rotary Banquet mry April 29 - OASC Spring Conference Annie Man May 2-18 - IB and AP Testing May 4 - Battle of the Bands Concert Treasurer May 4 - Cinco de Mayo Celebration Jordan Turner New Leadership Relations AAndires Sinunons April 30 - Class Elections May 3 - Leadership Parent Night Assennhiles May 5-7 - Leadership Training Retreat Bryn Asher New Business Spirit Trang Nguyen May 19 - Benefest Concert May 22 - Leadership Awards Night J3eeanfe Nguyen June 1 - "The Den" Club Fundrasing Dance Envoy Graduati on 2001 Russ Rutledge May 30 - Elementary Teacher Breakfast June 4 - Senior Assembly June 4 - Senior Awards Night June 6 - Baccalaureate June 8 - Senior Breakfast June 8 - Graduation June 8 - All Night Party "Striving For the Best Inspires Excellence" THS Leadership '00 -'01 Mission Statement AGENDA ITEM # Q FOR AGENDA OF 05/15/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Tigard Municipal Court Annual Report PREPARED BY: M. O'Brien & N Robinson DEPT HEAD OK_ CITY MGR OK ISSUE BEFORE THE COUNCIL Informational update from Judge O'Brien and Nadine Robinson, Court Manager, on the status of the Municipal Court. The report and presentation will discuss the issues surrounding juvenile caseload and update Council on the court's current programs, caseload and future programs under consideration. STAFF RECOMMENDATION Recommend further study of the impacts of expanding juvenile caseload INFORMATION SUMMARY This is the second Annual Report from the Muncipal Court to Council. The report contains one action item pertaining to juvenile cases and updates on various other court operations and policies. JUVENILE CASELOAD: Juveniles are currently cited into Tigard Muncipal Court and Peer Court for minor offenses such as traffic violations and some status offenses. The Washington County Juvenile Court has asked us to consider expanding our juvenile caseload since that court often lacks the resources to effectively respond to first offenders. Based on recent changes in Oregon law, municipal courts are now authorized to accept non-felony juvenile cases (ORS 419C.370). If current policy continues, most juvenile first offenders would continue to be processed through Juvenile Court. An increase in our juvenile caseload might enable the City to have a greater impact on first offenders than is now possible in Juvenile Court. A change in policy would require an intergovernmental agreement. The primary unresolved issues are: cost, impacts on court dockets and staff, and the ability of the court to effectively supervise juveniles placed on probation. OTHER ALTERNATIVES CONSIDERED Continue current policies regarding juvenile first offenders VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The "1998 Progress Report" for "Tigard Beyond Tomorrow" proposes a Municipal Court Study to determine how the City might "create more efficient public safety service and reduce repeat offenders." A more effective approach to juvenile first offenders might reduce recidivism and enhance public safety in Tigard. ATTACHMENT LIST Memorandum from Judge O'Brien and Nadine Robinson. FISCAL NOTES The participation of the City Prosecutor in the proposed study would result in minor fiscal impacts. The costs could be controlled by limiting the Prosecutor's involvement to an advisory role. The limited costs would be absorbed in the existing budget. ANNUAL REPORT TO CITY COUNCIL Tigard Municipal Court May 2, 2001 TO: Honorable Mayor and City Council Bill Monahan, City Manager FROM: Michael J. O'Brien, Presiding Judge Nadine Robinson, Court Manager Ak SUBJECT: Annual Report from Tigard Municipal Court We welcome the opportunity to meet with Council and the City Manager for our second annual review of Municipal Court operations and policies. For those of you who were not at last year's meeting, we have attached a brief appendix describing our mission statement, diversion programs, compliance program and policies regarding the use of interpreters. Additional information, including copies of court brochures, will be available for distribution at our meeting on May 15th. You are welcome, as always, to visit our court sessions and we invite any questions you may have. 1. Juvenile cases: Based on recent changes in state law and communications from the Washington County Juvenile Court, we ask Council's assistance in reviewing the City's policy on juvenile cases. At present, our juvenile caseload is limited to minor traffic offenses that are waived into our court by the Washington County Juvenile Court under state law. Last August, the court received an inquiry concerning our interest in increasing our juvenile caseload from Michael Kruger, Juvenile Services Supervisor at the Washington County Juvenile Department. In response, we met with Mr. Kruger and Judge Donald R. LeTourneau of the Washington County Circuit Court. Larry Black, City Prosecutor, was present at our second meeting with Mr. Kruger. The Juvenile Department's inquiry was based on 1999 legislation (now ORS 419C.370) and two immediate concerns: 1) that Circuit Court was unable to respond effectively to juvenile first offenders; and, 2) that the County's public safety levy might fail in November, 2000. Although the levy passed, the Juvenile Department continues to give the highest priority and resources to serious juvenile crime and repeat offenders. First offenders for relatively minor offenses, including misdemeanors such as theft and vandalism, often receive nothing more than a letter of admonishment from a court counselor. Mr. Kruger and Judge LeTourneau believe that more could be done to effectively engage first offenders before they commit serious crimes and become subject to long terms of incarceration under Measure 11. Many parents of accused juveniles would prefer that their children appear in front of a judge so that the process would have a greater impact. Any change in the juvenile caseload of the Tigard Municipal Court would require an intergovernmental agreement between the City and the Washington County Juvenile Court, as provided by ORS 419C.370 (1)(b). If the Council would like the Court to undertake a more detailed study of this option, we would be happy to report back to you within a reasonable time. We also note that the court has received an inquiry from Officer Glen Scruggs of the Tigard Police Department concerning our interest in accepting certain peer-court cases already subject to the City's jurisdiction (and therefore not requiring an intergovernmental agreement). Oregon law now permits municipal courts to accept jurisdiction over all classes of misdemeanors and violations. Based on the Juvenile Court's current policies, however, the referrals to our court would mainly consist of such relatively minor offenses as vandalism, harassment, shoplifting, misrepresentation of age, failure to pay Tri-Met fares, truancy and tobacco-law violations. Traffic crimes (including driving under the influence of intoxicants) would continue to be processed through Juvenile Court. The effect of the proposed change in City policy would be to create an intermediate option between peer court (which would continue in its present form) and Juvenile Court. The advantages to expanding the municipal court's juvenile caseload include: 1. Greater consequences for first offenders: Instead of a letter, which might have minimal impact on many juveniles, the court can require a personal appearance and impose sanctions on the defendant, including a fine, community service and/or a term of probation with conditions attached. The consequences can be tailored to the needs of the individual juvenile and the family can be brought into the process. 2. Misdemeanors can now be charged as violations under Oregon law, avoiding the need to conduct jury trials or retain court-appointed attorneys-both of which would greatly increase costs to the City. 3. Speedy adjudication: Juveniles can be brought to court relatively quickly and given the individual attention that a much larger court rarely has the time to offer. 4. Response to community concerns: As in other types of cases, a municipal court is more attuned to community problems and concerns than the circuit court in a very populous county such as ours. The disadvantages include: 1. The potential impacts on the court's overall caseload are unknown at this time; additional study would be required. The court presently lacks the staffing and workspace to process a large juvenile caseload, though we could accommodate some increase with our present resources. Without additional staffing, the court has a limited ability to credibly respond to violations of court orders or provide meaningful supervision for juveniles on probation. 2. A process would have to be developed to screen juvenile offenders to determine which court was appropriate for a referral. To some extent, however, this process already exists 2 - ANNUAL REPORT TO COUNCIL for referrals to Peer Court. The Court would work with the Chief and City Prosecutor to develop concise guidelines for these referrals consistent with state law and any intergovernmental agreement. We recommend further study of the potential impacts of increasing the court's juvenile caseload prior to considering any intergovernmental agreement with the Washington County Juvenile Court. 2. Community Service Option: The court would like to expand our diversion programs to include a community-service option for indigent defendants, juveniles and other defendants as appropriate. The program would benefit both the City and those who require a nontraditional sanction for traffic and other offenses. 3. Televised court session: The court fully supports the City's goal of increasing public assess to local government. We are prepared to work with staff to televise our court trials whenever volunteers become available to operate the cameras and other necessary equipment. 4. Photo enforcement: The court is ready to increase staffing in response to the planned photo-radar and photo-enforcement programs once they are implemented by the Tigard Police Department. To date, there have been no court decisions from other Oregon jurisdictions that would preclude or inhibit these programs. The Supreme Court has not yet issued an opinion in State v. Clay, which we discussed at last year's meeting, though that decision will likely be based on relatively minor procedural issues. The Oregon Court of Appeals recently declined to consider a constitutional challenge to photo radar in State v. Weber (#A107263, February 28, 2001). 5. Caseload: The court projects a caseload of approximately 5,500 citations, mostly traffic violations, for the current fiscal year. For additional details, please see the attached graphs. 6. Website improvements: The court added depth to its website by posting the full text of various statutes that are relevant to persons receiving traffic citations. We would like to expand our ability to communicate via email with defendants and offer them the opportunity of paying their fines through our website. 7. Court rule updates: Our court rules have been regularly updated to provide a clear statement of procedures and policies for defendants, police officers and staff. All court rules are available for review at the front counter and we intend to place them on the court's website. 8. Code enforcement: The court will continue its participation in staff s review of civil- infractions procedures as part of an overall upgrade of the Tigard Municipal Code. Thank you for giving us the opportunity to meet with you once again. We look forward to your questions and comments. 3 - ANNUAL REPORT TO COUNCIL APPENDIX 1. Mission statement: The court's overriding goal is to promote public safety and community values by implementing state and municipal laws in a fair, efficient and professional manner. For most people in Oregon, their direct experience of the legal process typically arises from a traffic citation. The court strives to make that experience a positive one by educating defendants about relevant laws and traffic safety in a context of excellent customer service. 2. Diversion Program: The vast majority of our traffic citations (about 95%) are resolved through the imposition of a fine based on the nature of the violation, the defendant's driving record and any special circumstances. In accordance with longstanding court policies adopted by Judge Anthony Pelay, Jr., citations involving juvenile first offenders and senior citizens may be referred to one of several driver-education programs: the SAFE Traffic Safety Awareness Class, the Emanuel Hospital High-Risk Driver Program, the National Traffic Safety Institute, 55 Alive or a Seat-Belt School. In addition to completing the assigned program, defendants may also be required to receive no new convictions for a designated period of six months or more. Upon meeting these requirements, the citation may be dismissed. 3. Compliance program: In cases involving insurance, drivers' licenses and equipment violations, defendants may be allowed a reasonable time to come into compliance with Oregon law. In return, a defendant presenting proof of compliance, including a valid license and proof of insurance, may be allowed a reduction in the fine initially imposed by the court. This program, originally established by Judge Pelay, has helped to bring hundreds of drivers into compliance with Oregon's licensing, insurance and equipment laws. Last year, we reduced this program's administrative costs by permitting most defendants to demonstrate compliance by mail. This program continues to enhance public safety in Tigard by increasing the number of licensed and insured drivers on our streets. 4. Court Interpreters: Though not required by state law, the court regularly provides interpreters to defendants (typically Spanish-speaking) who are unable to effectively communicate in English. On the second Wednesday of each month, the court conducts arraignments and special hearings for Spanish-speaking defendants. As needed, the court provides interpreters for other non-English-speaking defendants. The court plans to increase the number of documents and brochures in Spanish. 5. Community Goals: The 1998 Progress Report for Tigard Beyond Tomorrow proposed a Municipal Court Study to determine how the court could "create more efficient public safety service and reduce repeat offenders." Among other issues, the Study may consider an expansion of the court's caseload to include certain misdemeanors. Given the inconvenience and cost of traveling to Circuit Court in Hillsboro, the advantages of local adjudication seem clear for both Tigard citizens and police officers. However, City staff concluded that space limitations at City Hall preclude a major expansion in the categories of cases accepted by the court. If and when Council determines that the court's space and staffing needs can be met, the court will fully co- operate in completing the Municipal Court Study. 4 - ANNUAL REPORT TO COUNCIL N w .p Ul a) v O O O O CD O O O O O O O O O O C_ C 'G D c co c Ln CD v 3 Q CD 1 0 0 0 ar m 1 Z 0 3 Q CD 0 (D 0 m 3 v m C- w c N TI m a c v v n S D v / U.~ '/l 3 1 CL r O O 3 O 1 I cn Cn C 0 0 o n r+ O 7 N j 0 °o co o CO C) 6 0 0 CD Out To: Nadine Robinson <NADINE@ci.tigard.or.us> Subject: State v. Weber (photo radar) FILED: February 28, 2001 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Respondent, V. CORINNE WEBER, Appellant. (PR034689; CA A107263) Appeal from Circuit Court, Multnomah County. Harold Blank, Judge (Pretrial Matters); Steven Evans, Judge (Trial). Argued and submitted January 3, 2001. Michael E. Rose argued the cause for appellant. With him on the brief was Steenson, Schumann, Tewksbury, Later & Rose, P.C. Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General. Before Haselton, Presiding Judge, and Wollheim, Judge, and Lipscomb, Judge pro tempore. HASELTON, P. J. Affirmed. HASELTON, P. J. Defendant appeals a judgment of conviction for speeding, ORS 811.100, based on a citation issued pursuant to the photo radar statute, ORS 810.438 to ORS 810.439 (1997). 11 She argues that: (1) the photograph and data generated by the photo radar unit were improperly admitted into evidence; (2) the statutory presumption that the registered owner of the vehicle was the driver at the time of the alleged infraction, ORS 810.439(1)(b) (1997), is unconstitutional; and (3) the delay of over a week between the speeding incident and the citation's issuance violated her due process rights. We affirm. The facts are undisputed. At approximately 10:00 a.m on September 23, 1997, Portland Police Officer Frolov was operating a photo radar unit on S.W. Barbur Boulevard and saw a burgundy station wagon that appeared to be speeding. The photo radar unit also detected and photographed the station wagon as speeding, and Frolov contemporaneously noted the color and type of vehicle corresponding to the frame number in his "Photo Radar Visual Observation Log." At the end of his shift, Frolov placed the exposed film in a box at the police station where the photo radar vendor picks up exposed film for processing. Approximately five or six days later, Frolov received the citations generated from the photo radar data and the developed photographs with the 1 Printed for Michael O'Brien <rune@easystreet.com> Out time, date, and vehicle speed imprinted on them. Within that group was a citation alleging that defendant violated the prohibition against speeding, ORS 811.100, by driving 58 miles per hour in a 35 mile per hour zone, and a photograph of a woman driving a burgundy station wagon imprinted with the date, time, and 58 mile per hour speed. Frolov signed the citation on September 30, 1997, and defendant received the citation some time thereafter. Before trial, defendant filed a demurrer and alternative motion to dismiss the "photo radar citation." Defendant asserted, particularly, that the statutory rebuttable presumption that the registered owner of a vehicle was the driver at the time of the alleged infraction detected by photo radar, ORS 810.439(1)(b) (1997), unconstitutionally shifted the burden of proof and abrogated the presumption of innocence. The court overruled the demurrer and denied the motion. At trial, Frolov testified that the woman in the photograph was defendant. 121 He also testified that he relied on the information imprinted on the photograph and the citation to attest to the actual speed of defendant's vehicle because he does not make a contemporaneous notation of each vehicle's speed in his observation log. Frolov testified that, while tracking vehicles with the photo radar unit, he is able to visually detect which vehicles are going faster than the speed limit and that, on the occasion in question, defendant's vehicle "visually appeared to be a vehicle traveling above the posted 35 mile per hour speed limit." Defendant testified that she had no recollection of the incident and could not explain why she was driving on that road at that time and at that speed She did not deny that she was the driver in the photograph or that she was the registered owner of the vehicle in the photograph. At the close of the evidence, defendant moved for judgment of acquittal, arguing, inter alia, that the photo radar statutory scheme embodies an unconstitutional delay between the time of the alleged offense and the issuance of the citation. The trial court denied that motion, found defendant guilty, and assessed a $100 fine. On appeal, defendant raises four assignments of error. In her first and second assignments, defendant argues that the court effed in admitting the photograph and testimorry as to defendant's speed that was based on information contained in that photograph. Second, defendant assigns error to the denial of her demurrer and motion to dismiss, which challenged the presumption in ORS 810.439(1)(b) (1997) that the registered owner is the driver of an offending vehicle. Finally, defendant assigns error to the denial of her motion for judgment of acquittal, arguing that the delay of more than a week between the time of the offense and issuance of the citation impaired her ability to defend herself. We address each assignment in turn. Defendant first argues that the inscription on the photograph setting forth the speed of the vehicle was inadmissable hearsay and that Frolov's testimony as to the speed of defendant's vehicle, which was based on that inscription, was also inadmissable. The state responds that the inscription at issue is not hearsay as OEC 801 defines that term, and that the rationale for excluding hearsay statements does not apply. We agree with the state. OEC 801 sets out the pertinent definitions for purposes of the hearsay rule: "(1) A'statement' is: Printed for Michael O'Brien <rune@easystreet.com> 2 novt "(a) An oral or written assertion; or "(b) Nonverbal conduct of a person, if intended as an assertion. "(2) A 'declarant' is a person who makes a statement. "(3) 'Hearsay' is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." Defendant argues that the speed notation on the photograph is a "written assertion" under OEC 801(1)(a) and, thus, a statement. The state responds that hearsay is, by definition, a "statement made by [a] declarant," and, under OEC 801(2), a declarant must be a "person," not a machine. (Emphasis added.) If the definition of "statement" in OEC 801 is read in isolation, defendant's argument is not implausible, given the disjunctive "or" at the end of OEC 801(1)(a). However, when read as a whole, OEC 801 indicates that hearsay is an out-of-court statement, offered for the truth of what it asserts, and made by a declarant--who must, by definition, be a person. OEC 801(2). Here, even assuming that the photo radar inscription could be characterized as a "statement," it was generated by a machine, and not made by a person. The inscription here is an assertion not made by a person but by a machine. It is not hearsay. a Defendant next argues that the court should have excluded the photograph on chain-of-custody grounds, because the state offered no evidence as to who picked up the film from the station, what happened to the film, how it was handled, or what was done to it prior to the citation and photograph being returned to the police station six days later. We note initially that, in both civil and criminal proceedings, determining the adequacy of the foundation required to establish a chain of custody rests within the discretion of the trial judge. In American Reciprocal Insurers v. Bessonette, 241 Or 500, 405 P2d 529 (1965), the court considered a challenge to the introduction of pieces of water pipe that allegedly caused the plaintiffs losses when they burst. The defendant argued that the evidence was inadmissable because the plaintiff had not fully established a chain of custody. The court affirmed the trial court's ruling admitting the pipes: 'The ruling was discretionary. The exactness of a proponent's accounting for the custody of exhibits must, necessarily, rest in the sound discretion of the trial judge. If the exhibits are of a questionable type, or if the environment from whence they come suggests reasons that would cause the court to have more than a mere captious doubt about the authenticity of the exhibits, or about their identity, or about changes in their condition, then the trial court may very well require a proponent to lay a substantial foundation for the receipt of the evidence. See Keller v. Coca Cola Bottling Co., 214 Or 654, 662, 330 P2d 346 (1958). In the case at bar, however, there is no reason to infer that anyone tampered with the pipe, nor is there any reason seriously to doubt the authenticity of the exhibits. The trial court might have required the plaintiffs to describe in greater detail the chain of custody of the exhibits, but there was no error in receiving them under the circumstances revealed in this case." Id. at 505-06. That same reasoning applies in this context as well Cf. State v. Anderson, 242 Or 368, 374-75, 409 P2d 681(1966) (trial court is to consider the nature of the article, the circumstances surrounding the Printed for Michael O'Brien <rune@easystreet.com> 3 Out preservation and custody of it, and the likelihood of tampering, in determining whether "the proof shows with reasonable certainty that the article offered is the identical article taken from the accused"). Here, the trial court did not abuse its discretion in admitting the photograph. As noted, Frolov contemporaneously maintained a log of vehicles he perceived to be speeding. Although the photo radar film canister was out of police custody for several days while the film was being processed, Ll the photograph here, and the information displayed on that photograph, corresponded to Frolov's contemporaneous observations. The information regarding speed was imprinted on the negative at the moment the film was exposed, 162 and there is no indication that the vendor or anyone else tampered with or in any way altered that information during processing. 171 Given the totality of the circumstances, the trial court was well within its discretion in determining that there was no appreciable likelihood of alteration or tampering and that no further foundation was required. Defendant next assigns error to the trial court's denial of her pretrial demurrer and alternative motion to dismiss. In that demurrer, defendant argued that the photo radar scheme was unconstitutional in its entirety. ORS 810.439 (1997) provides, in part: "(1) Notwithstanding any other provision of law, in the jurisdictions authorized to use photo radar: "(a) A citation for speeding may be issued on the basis of photo radar if the following conditions are met: "(A) The photo radar equipment is operated by a uniformed police officer. "(B) The photo radar equipment is operated out of a marked police vehicle. "(C) An indication of the actual speed of the vehicle is displayed within 150 feet of the location of the photo radar unit. "(D) Signs indicating that speeds are enforced by photo radar are posted, so far as is practicable, on all major routes entering the jurisdiction. "(E) The citation is mailed to the registered owner of the vehicle within six business days of the alleged violation. "(F) The registered owner is given 30 days from the date the citation is mailed to respond to the citation It***** "(b) A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation is issued and delivered as provided in this section. "(c) A person issued a citation under this subsection may respond to the citation by submitting a certificate of innocence * * * or any other response allowed by law. "(2) A citation issued on the basis of photo radar may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver. "(3)(a) If a registered owner of a vehicle responds to a citation issued under subsection (1) of this section by submitting a certificate of innocence within 30 days from the mailing of the citation swearing or affirming that the owner was not the driver of the vehicle and a photocopy of the owner's driver license, the citation shall be dismissed" (Emphasis added.) In support of her demurrer and alternative motion to dismiss, defendant asserted that the statute unconstitutionally "creates presumptions, shifts the burden of proof, permits a police officer to file an accusatory instrument against a person whom he or she has no reasonable suspicion has committed any offense, compels a suspect to waive his right against self-incrimination and is violative of the separation of powers doctrine." The court denied defendant's demurrer and motion to dismiss. Printed for Michael O'Brien <rune@easystreet.com> 4 Out On appeal, defendant focuses on the rebuttable presumption set out in ORS 810.439(1)(b) (1997) and contends that that presumption unconstitutionally shifts the burden of proof of the identity of the offender. The state responds that, because the traffic violation charged in this case is not a criminal offense, the constitutional protections invoked by defendant do not apply, and that, even if they did, the rebuttable presumption is constitutional For the reasons that follow, we do not reach the merits of defendant's constitutional arguments. We reiterate the procedural posture at trial and on appeal: Defendant attempted to raise the constitutional challenge to the statutory presumption via a demurrer and an alternative "motion to dismiss." On appeal defendant assigns error to the denial of the demurrer and the alternative motion to dismiss. Defendant could not properly challenge the constitutionality of the presumption conta~ied in ORS 810.439(1)(b) (1997) by way of demurrer. A defendant may demur to an accusatory instrument when, inter alia, "it appears upon the face thereof * * * that the facts stated do not constitute an offense." ORS 135.630. Such a motion challenges the constitutionality of a statute the defendant is accused of violating on the grounds that such a statute is incapable of providing the basis for a conviction. See, e.g., State v. McKenzie, 307 Or 554, 560, 771 P2d 264 (1989) ("If a statute is constitutionally too vague, then the facts alleged in an indictment under such a statute do not and cannot constitute an offense."). Here, the accusatory instrument, the traffic citation, simply alleged that defendant violated ORS 811.100, the basic speed rule. The citation does not even refer to the photo radar statutes. Nowhere on the face of the citation is there any indication that the citation was based on evidence obtained by means of photo radar, and it would have been error for the court to consider that fact in ruling on the demurrer. State v. Reed, 116 Or App 58, 840 P2d 723 (1992) (error for court to sustain defendant's demurrer on the basis of facts not alleged in the complaint). Thus, defendant's challenge is not, and cannot be, to the facial sufficiency of the charging instrument. Rather, defendant's challenge is to the constitutionality of provisions pertaining to the manner of proving the charged offense. Defendant's position here is, thus, analogous to that in State v. Barker, 140 Or App 82, 914 P2d 11 (1996), where the defendant argued that "the facts on which he expects the state to rely at trial are insufficient to prove the crime charged." Id. at 84. We held that that argument was "premature and does not provide a basis for sustaining a demurrer." Id. So too here. Defendant's demurrer sought, improperly, to challenge the sufficiency of the state's anticipated proof--including the constitutionality of reference to, and reliance on, the rebuttable statutory presumption. That issue was not properly raised by demurrer and, thus, is not properly before us on review of the denial of the demurrer. Because the citation was facially sufficient, the court properly denied the demurrer. Similar analysis applies to the denial of defendant's alternative "motion to dismiss." Oregon law provides for motions to dismiss on a range of grounds. See, e.g., ORS 135.470 (former jeopardy); ORS 135.745 to ORS 136.750 (precharge delay and speedy trial); State v. Nelson, 166 Or App 189, 194, 999 P2d 1161 (2000) (prosecutorial vindictiveness). However, we are unaware of any Oregon authority by which a pretrial "motion to dismiss" can be employed to challenge the sufficiency of the state's anticipated proof of a charge. See State v. Huffman, 49 Or App 823, 826, 621 P2d 78 (1980) (dismissal inappropriate remedy when officer exceeded his authority in serving summons outside his jurisdiction). Indeed, to permit such a Printed for Michael O'Brien <rune@easystreet.com> 5 Out challenge by a pretrial "motion to dismiss" would contradict and subvert the principle expressed in Reed. The trial court did not err in denying the "motion to dismiss." In so holding, we emphasize that there are procedures by which a defendant can challenge the constitutionality of a rebuttable presumption. The issue can be raised by motions in limine, seeking to preclude or restrict a presumption's application, or by objections to evidence during trial. Cf. State v. Rainey, 298 Or 459,693 P2d 635 (1985) (in criminal case, issue of improper use of an evidentiary presumption raised by challenge to jury instructions). In addition, in most cases in which the state's only proof of the presumed fact--here, the driver's identity--is the presumption itself, the constitutional availability of the presumption may be raised via a motion for judgment of acquittal. In sum, defendant's demurrer and alternative "motion to dismiss" were insufficient to raise, and preserve, her constitutional challenge to ORS 810.439(1)(b) (1997). Defendant's assignment of error, which is exclusively to the denial of the demurrer and "motion to dismiss" is similarly deficient. Consequently, we affirm the trial court's disposition of those matters without reference to defendant's unpreserved constitutional challenge. Defendant finally assigns error to the denial of her motion for judgment of acquittal, arguing that the delay of more than a week between the time of the offense and issuance of the citation violated her due process rights under the Fourteenth Amendment to the United States Constitution. She argues that the delay impaired her ability to defend herself because she could no longer remember where she was going or why she was speeding. That delay, defendant argues, is "inherent in the photo radar process itself' because an alleged offender is not stopped at the time and, thus, has no occasion to fix the incident in her mind by the presence of "lights sirens and [a] looming officer." Defendant's argument is, in essence, that her lack of recollection impairs her ability to defend herself. For a precharging delay to give rise to due process violation, "a defendant must show both substantial prejudice to his right to a fair trial and that the delay was done intentionally to gain a tactical advantage." State v. Dike, 91 Or App 542, 544, 756 P2d 657, rev den 306 Or 660 (1988) (citing State v. Serrel, 265 Or 216, 507 P2d 1405 (1973)). Even assuming that a defendant in traffic court can validly assert due process rights under the Fourteenth Amendment to the United States Constitution, defendant has failed to establish that any such violation occurred here. There is, on this record, no indication that the state intentionally delayed issuing the citation to gain a "tactical advantage"; rather, the record shows that Frolov issued the citation as soon as he received the developed photographs just seven days later. The trial court did not err in denying defendant's motion for judgment of acquittal based on precharge delay. Affirmed. 1. Oregon Lows 1995, cnapter 579 created the Photo Radar Derronstrot ion P r o j e c t f or use n t he ci t i es of Port I and and B e a v e r t on. The statute was amended and permonent I y adopt ed by t he 1997 Legi sl at ure. Or Laws 1997, ch 280; sORS 810. 438 t o ORS 810. 439 (1997). The st at ut a was f urt her amended i n 1999, but the 1999 ormndments di d not change the rel evant I anguage. Return to previous location. 2. Defendant was present at tri al at the ti rrr of t h i s tests mony. Cf. 1B~3aDe' v. Cloy, Printed for Michael O'Brien <rune@easystreet.com> 6 AGENDA ITEM # 3 FOR AGENDA OF 5 - 1 5.01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Communication Plan Update, l/ CITY MGR OK PREPARED BY: Elizabeth Ann Newto~ EPT HEAD OK ISSUE BEFORE THE COUNCIL A review of the City's communication efforts. STAFF RECOMMENDATION Review the attached information and offer comments or suggestions to enhace the City's communication efforts. INFORMATION SUMMARY One of the City Councils goals for 2001 is "Expand citizen involvement opportunities". Staff prepared a memo dated January 8, 2001 (copy attached) that summarized the status of the city's communication and citizen involvement efforts. Attached is a memo that updates activites in the following areas: CITs, the Communication Plan, Neighborhood Meetings, Press Releases, Community Connectors, Cable Television, Cityscape, the Webpage, and the Community Bulletin Board. Staff will continue to provide updates to the Council throughout the year providing Council members an opportunity to ask questions, make comments, or offer suggestions, on the City's communication efforts. OTHER ALTERNATIVES CONSIDERED None - Information only. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community Character and Quality of Life Goal 41) Citizen involvement opportunities will be maximized by providing educational programs on process, assuring accesibilty to information in a variety of formats, providing opportunities for input on community issues and establishing and maintaining a program of effective two-way communication. ATTACHMENT LIST Memo from Liz Newton dated May 3, 2001 Memo from Liz Newton dated January 8, 2001 Copy of sample community bulletin board information FISCAL NOTES Not applicable TO: Honorable Mayor and City Council Members Bill Monahan, City Manager FROM: Liz Newton, Assistant to City Manager DATE: May 4, 2001 SUBJECT: Status of City's Communication Efforts The purpose of this memo is to provide an update on the City's communication efforts. In the past, staff has focused these meetings on the CIT program. As noted in the attached memo on the status of the CIT program dated January 8, 2001, that program is just one of the tools used to involve and communicate with citizens. A brief description of the status of all efforts underway to utilize a variety of communication tools follows. 0 CITs CIT meetings were held in February, March, and April where the primary focus was the Capital Improvement Program. The February meeting also featured "Land Use 101" - a 30-minute program on how the land use process works. In March, the Downtown Central Business District Association presented a very informative program on the downtown planning efforts. The April meeting featured a 20-minute presentation on the City's citizen involvement opportunities including the volunteer program. In the next several months, other educational topics will be presented either as part of CIT meeting agendas or in place of CIT meetings when a CIT meeting is not held. Upcoming topics may include Water Conservation, Annexation Strategy and Urban Services, Emergency Management, and Transportation. Attendance at CIT meetings is averaging around 16 people. There are indications, however, that people are watching the meetings on cable. First, one of the regular CIT attendees did a poll at a community gathering and found that 60 people in attendance there watch CIT meetings. Second, I am often stopped in the lobby, library, at Chamber gatherings, etc., and asked about something that was said at a CIT meeting by someone who did not attend the meeting but watched on cable. Lastly, I am starting to get a-mails from people each month who can't attend the CIT meeting but want staff to answer questions or present information on a topic so they can see the response on cable. It may be worth following up on how many citizens watch CIT meetings. Short of conducting a formal survey, we could poll people by running a crawl message during the Status of City's Communication Efforts May 2, 2001 Page 2 meetings asking viewers to call or e-mail in and ask the same question on the web. Once we have an idea how many watch, we could estimate the percentage of cable subscribers who watch CIT meetings. 0 Communication Plan The Communication Plan developed by and for staff that was previewed before Council on May 16, 2000, has been distributed to all departments and training has been conducted in all departments. The department communicators are scheduled to meet this month and will continue to meet on a regular basis to share ideas, monitor implementation of the Communication Plan, and recommend changes or additions to the plan. • Neighborhood Meetings Staff is in the process of discussing the effectiveness of these meetings and is scheduled to finalize recommendations for improvement by the end of June. A Press Releases Staff continues to distribute an average of one press release per week to the media and tracks which releases are picked up by which media. I log all of my contacts with the media and prepare a monthly report to the City Manager that summarizes the press releases, stories covered that weren't generated by press releases, and any other media issues or inquiries. Community Connectors The e-mails to community connectors continue to go out every other week. The communication is very well received and generates some return e-mails, phone calls from connectors, and comments such as: "It's great that you're so accessible." Since the first of the year, a connector has been identified for ail of Summerfield. More focus is needed on recruitment of connectors. Watch for a "want ad" on the Web soon! Y Cable Television Nine citizens volunteered to be trained as cable television camera operators. Most of them are in the middle of training now. In addition, most of the network services staff has been trained. Staff is working with TVCA now to clarify how the "Tigard Studio" will operate, and working toward taping Planning Commission meetings in June. Planning Commission meetings will be aired live later in the summer. Cityscape The Cityscape newsletter continues to be distributed once a month. Staff is looking into updating the format and using photos. m Web Page As you may know, recent reports state that 70% of Portland area households are connected to the internet - the highest percentage in the nation. City departments Status of City's Communication Efforts Page 3 May 2, 2001 continue to put more information on our Web site. Additions include a brand new location map with a zoom feature, the ability to download bid documents and specifications, and City Council packets. The 2001-2002 budget includes a request for a full-time Webmaster. Goal (guide The first issue will be produced in May. It is designed to inform the public of the progress on City Council goals. The Goal Guide will be posted on the City Web site, and copies will be available in the lobby of City Hall and in the Library. 6 Bulletin Board Attached is a sample of the kind of information staff proposes to display on the TVCA Community Bulletin Board on cable television. Unfortunately, TVCA will not have the necessary software until July. In the interim, staff will work with TVCA to finalize the format and determine how information will be transferred so we are ready when the software is operational. alts IADM aNCOAMAUNICATIONS UPDATE.DOC MEMORANDUM TO: City Council Bill Monahan FROM: Liz Newton RE: Citizen Involvement Team DATE: January 3, 2001 Discussion paper on the City's Citizen Involvement Team (CIT) program and how it fits with the City's overall community involvement program. Background: The City's CIT program was started in the fall of 1992. The stated purpose of the program is to "serve as broad-based organized forums for the identification of the public's concerns and values." The CIT program took the place of the NPO's, which only dealt with land use and were perceived by some as an additional land use approval authority. At the time the CIT's were created, the Park Board, Transportation Advisory Committee, and Solid Waste Advisory Committee were disbanded. The responsibilities of the Park Board and Transportation Advisory Committee were transferred to the Planning Commission. The City Council also decided that task forces would be used to deal with short-term projects or issues. Since the CIT program was designed to be grassroots, the membership structure was designed to be as inclusive as possible with no attendance requirements. Members are defined as persons who live, own property or a business in the CIT area. The City is divided geographically into four CIT areas: East, West, South, and Central. Initially, four CIT meetings were held each month, one for each area. When attendance at the Central CIT meetings dwindled after the first couple of years, the Central and West CIT's began to meet jointly. A couple of years later, attendance at the East CIT meetings decreased and at the same time, it became apparent that all of the CIT's shared interest in many of the same topics, that staff was presenting the same or similar material to three different groups. A decision was made to combine the CIT meetings into one a month. The meetings moved to the Senior Center, which is fairly centrally located and was not identified with any one CIT. In early 2000, the CIT meeting was moved to the City Hall to take advantage of the newly installed cable television cameras and the meetings began airing live. Historically, CIT meetings have had good attendance for controversial topics and/or when citizens believed they would be directly affected by an issue and hoped to influence decision-makers, or if citizens believe their input will make a difference. Attendance is lower when meeting topics are purely educational or informational. Over 170 people attended the CIT meting to discuss the 130th Avenue bridge. Nearly 80 attended the meetings to discuss the Kable Street connection. Close to 50 attended the South CIT meetings to discuss lowering the speed on Hall Boulevard and the traffic signal on Durham at 79th. General CIT Program Evaluation: The general citizenry is not likely to attend a meeting unless they believe the topic for discussion directly affects them. Often, attending a CIT meeting does not impact a decision. Attendance is higher when attendance will affect decisions. Many citizens are frustrated with meetings that don't seem to matter. However, some citizens do regularly attend CIT meetings to become informed and educated on issues and the CIT format works well to educate and inform. It is probable that since CIT meetings are now shown on cable, some citizens who did not regularly attend meetings benefit from the information by watching at home. Suggestions to Improve the CIT Program The CIT program should continue with some modifications. There are real benefits to having scheduled airtime on cable television and that should be retained. CIT meetings need not be held unless there is a need for input or feedback from the public on a specific topic, such as the CIP budget process. Educational/informational program should air when CIT meeting are not held to take advantage of airtime. Audiences may also participate but these programs may be recorded at more convenient times for staff or when other meetings are held. Examples include Land Use 101, Vision Task Force meetings or even community events. In either case, for the CIT meetings or other programming, more consideration should be given to the at-home viewer, particularly in presentation graphics and audio. Other Citizen Involvement Opportunities: The CIT program is just one of the many citizen involvement tools available to citizens and staff. A brief descript;on of other opportunities follows: , • Communication Plan - A plan developed by and for staff of ways to use a myriad of communication tools including print material such as brochures, the web page, media interaction, and presentations. The plan is in a notebook format and includes several examples. • Neighborhood Meetings - These meetings are held prior to public hearings on development proposals. Owners of property within 500 feet of the subject property are notified of the meeting. This spring, staff will evaluate the effectiveness of these meetings and make recommendations for improvement. • Press Releases - Staff prepares an average of one press release per week for distribution to the media. The purpose is to get the information out in a timely manner or highlight City successes. Beginning this year, staff will track which press releases get into the paper. Community Connectors - This program uses volunteers to serve as liaisons between their neighborhood and the City for two-way communication. An e- mail goes out to Connectors every other week with current information about community issues and events including road construction updates, upcoming meetings of interest, how to access processes and information, and seasonal tips. The goal is to continue to expand the program so all residents and businesses are connected. Cable Television - With the installation of cameras in the Town Hall, the opportunities for cable programming are tremendous. This coming year, the focus will be getting volunteers adequately trained to cover programs, expanding meeting coverage to include Planning Commission and other public meetings, and developing some educational programming such as Land Use 101. • Cityscape - The Cityscape newsletter continues to be a popular and effective tool to communicate with citizens. The only drawback is the schedule - the creation and printing process takes about 2-1/2 weeks. Cityscape is a great tool to provide general advance notice of meetings, events, and changes in fees, policies, etc. • Web Page - The Web Page continues to get more use by both departments adding information and citizens accessing information. The benefit of the Web Page is that, unlike the Cityscape, information can be disseminated immediately. The downside is that not all citizens have web access. • Goal Guide - The Administration Department will begin producing a brief "Goal Guide" in February. This will be one to two pages that will inform the public of the progress on City goals. The Goal Guide will be posted on the web, placed in the lobby of City.buildings (including the Library) and available at public meetings. Each Goal Guide will feature accomplishments on one goal and include the status of each goal. • Bulletin Board - This tool will be on cable television. Staff is working with TVCA to explore an upgrade to the current bulletin board that now shows a limited meeting schedule. TVCA is addressing some software issues. The goal here is to incorporate an expanded meeting schedule and other information such as current Library programming. \\TIG333\USR\DEPTS\ADM\LIZ\CIT - GOAL SETTING 2001.DOC Meeting this month CITY OF TIGARD Community Bulletin Board Tigard Planning Commission Monday, April 2, 2001 - 7:30 pbm Tigard Civic Center Town Hall 13125 SW Hall Blvd, Tigard Public Hearing - Kraft Place Townhomes 12765 SW Kraft Place (South of Barrows Rd and east of Menlor Ln) Proposed new construction of 21 attached single family dwelling units on 1.1 acres. Tigard City Council Tuesday, April 10, 2001 - 7:30 p.m. Tigard Civic Center Town Hall 13125 SW Hall Blvd, Tigard Agenda Highlights: - Northview Park Master Plan - Procedures for Creation of an Economic Improvement District - Washington Square Regoinal Plan Schedule and Update s Tigard Citizen Involvement Team Thursday, April 5, 2001 - 7 to 9 p.m. Tigard Civic Center Town Hall 13125 SW Hall Blvd, Tigard Topics: - Capital Improvement Projects - Community Involvement opportunities - Park System Development Charges Upcoming events Washington Square Regional Center Implementation Plan Public Event Wednesday, April 4, 2001 - 5 to 8 p.m. Metzger Park Hall 8400 SW Hemlock, Tigard Topics: - Naturat Resources - Parks and Open Space - Stormwater - Transportation Escape! or die frying Chicken Run Rated G In video on a large screen. Special Tree Spring Break Matinee Friday, March 30, 2001 - 1 to 3 p.m. Tigard Water Building Auditorium 0 8777 SW Burnham, Tigard 0 Slide into Books Toddler Time (Ages 24 - 30 months with a grown-up) Sessions begin April 9 and 11 Walk in registration only - March 12 Check out what's happening at the Library Get involved . a Tigard Public Library Book Club March Selection The Good Life by Keith Scribner Read the book and join the discussion Tuesday, March 13, 2001 - 7 to 9 p.m. Tigard Public Library - Puett Room 13125 SW Hall Blvd, Tigard 2 Library Board Opening • 4 year term begins June 30 Advisory to the City Council dok Meets monthly at the Library For more information Call Tigard City Hall at 503.639.4171 or visit our web site www.ci.tigard.or.tis and click volunteer opportunities Join the team Complete job descriptions, required applications and supplemental questions are available: - At Tigard City Hall, 13125 SW Hall Blvd - By calling the job line at 503.624.9471 - At our web site www.ci.tigard.or.us/hr/JOBOPP.HTM Keep a Tigard street litter-free • Good activity for groups • City provides supplies • One pick up day a month • signs with the group name • No children, please For information, call City of Tigard (503) 6394171 Job Openings as of February 15, 2001 • Utility Division Manager - Salary: $3,810 - 5, 106/month with benefits - CLOSES: 5 p.m. 3/26/01 • Readers Services Specialist - Youth - Salary: $2,883 - 3,865/month with benefits - CLOSES: 5 p.m. 4/2/01 3 The City Council adopted eleven goals for 2001. Each month in the Goal Guide, progress on one goal is featured. Progress summaries are presented on other goals. Featured Goal Goal One - Transportation Continue the City's Transportation Improvement Program A. Complete the City Transportation System Plan (TSP), discuss funding mechanisms and initiate implementation. The Planning Commission Hearing was conducted on February 5, 2001. Planning Commission approved the TSP and recommended that it be forwarded to City Council. The TSP workshop with City Council was conducted on March 20, 2001. DKS, the TSP consultant, made a presentation, answered questions from Council, and received comments from Councilors regarding various aspects of the Plan. Councilors were concerned about the lack of intra-City bus service and wished to have that emphasized in the TSP. The impact of Measure 7 is still to be ascertained. There will be consultation with the City Attorney's office on the ramifications of adopting the TSP, but not moving to revised the Municipal Code until later. The timing for adoption of the TSP will be reviewed periodically during the next few months as these discussions with the City Attorney and City Council continues. B. Support and promote commuter rail. A resolution of support from the Tigard City Council, and letters of support from the Tigard Chamber of Commerce, Tigard Central Business District Association and its Board Members, have been sent to the Governor and key Legislators. In April, $1.5 million dollars in federal funds were presented to local officials for the commuter rail project. G Det elop a fixed route bus program for Tigard infra-city service. Working with the Westside Transportation Alliance, an additional year of funding has been awarded to continue the Access to Work program into 2003/2004. Washington County received federal funding to expand the Transit Choices for Livability program in the County. Staff continues to work with the County and the Westside Transportation Alliance to increase transit options in Tigard. Correspondence has been sent to Tri-Met requesting detailed information on the amount of transit taxes paid by businesses within the community vs. the level of transit service received. D. Revisit Transportation Improvement Projects (the 2000 bond measure) and potential funding sources city Council passed Resolution 01-06 appointing a Transportation Financing Strategies Task Force to re-evaluate the bond package, determine what went wrong with the bond issue and make recommendations to City Council for future funding strategies. The first meeting of this Task Force was held April 19, 2001. The next meeting will be May 17, 2001. E. Promote resolution of 99W issues (and other state owned facilities in Tigard) Staff continues to coordinate with the Oregon Department of Transportation on the level of improvements needed on 99W and other state owned facilities. Opportunities for grant funding are being evaluated to further peruse this effort. Goal Two - Provide recreational opportunities Many organizations are attempting to fill voids in recreation opportunities for youth in Tigard. On February 27, 2001, Mayor Griffith hosted a Tigard Youth Forum. The idea was to brainstorm what services are being provided now for youth and what additional services are needed. A white paper is being prepared on the existing programs and services available for youth. The next meeting of the Youth Forum is scheduled for May 21, 2001. Goal Three - Support the efforts of the Tigard Central Business District Association (TCBDA) and their plan to revitalize the downtown. Assist in getting funding for implementation of the TCBDA downtown program. TCBDA, with financial assistance from Tigard, has contracted with the Oregon Downtown Development Association (ODDA) to evaluate and pursue funding options. TCBDA has evaluated options and is pursuing creating Economic and Business Improvement Districts to support their revitalization efforts. A public hearing to enable the City to establish an Economic Improvement District and a Business Improvement District was held before City Council on April 10, 2001. A public hearing to create the Economic Improvement District is tentatively scheduled for June 12, 2001. Goal Four - Continue to implement the City Park Master Plan The proposed 2001-02 parks Capital Improvement Program includes four projects identified in the master plan. These include Cook Park, the dog park, Fanno Creek trail extension, and Woodard Park play structure (contingent on grant funding). Goal Five - Determine the City's long-term water supply The City continues to work on three long-term water options, until such time that sufficient data is available for Tigard and its Intergovernmental Water Board partners to make a decision. The three options are the South Fork Water Board/Clackamas River, a Portland Water wholesale contract, and the Joint Water Commission. Goal Six - Establish an annexation policy for non-island areas Council provided direction to staff at the March 20, 2001 work session to prepare a study for the Bull Mountain area. At the April 24, 2001 meeting the work plan for further study of the issues was approved. Goal Seven - Encourage and support private sector programs to rehabilitate existing and develop new, affordable housing Continue to enforce Housing Code: e Housing complaints are generally resolved within 2-3 days. The few exceptions have involved issues requiring permits and corrective action; o The City has not yet had to issue formal summons to court to resolve housing complaints - all have been resolved with "voluntary" cooperation; e Close cooperation with TVF&R is ongoing, seeking ways to improve fire safety at apartment complexes. Goal Eight - Review the report of the New Tigard Library Construction Committee (IVTLCC) and provide direction In early 2000 BML Architects and the consultant, Cynthia Ripley of Ripley Architects were retained by the City to do a three-part study for a new library. This study consisted of a needs analysis report, the development of a library building program to accommodate the services, and a site analysis. The New Tigard Library Construction Committee has been meeting on a regular basis since November of 2000. The Committee, after accepting the "Needs Analysis" report, which was prepared by the consultant, has been working with BML Architects reviewing the "Building Program" report and analyzing potential possible sites. The Committee gave a preliminary presentation to Council on April 17, 2001. This presentation Included information concerning the approximate recommended size of a new facility, recommended programming, preliminary estimated costs for a new library, and a review of representative sites. The City Council directed the construction committee to proceed with the analysis of representative sites. Goal (Vine - Develop a new Citywide sewer completion policy Engineering staff proposed to City Council the development of a Citywide Sewer Extension Program during the December 19, 2000, meeting. This program would include the recently annexed Walnut Island area and other unsewered areas throughout the City. Council provided direction to staff to proceed with development of a plan to extend sewers to unserved areas Citywide. Engineering staff is in the process of drafting the Citywide Sewer Extension Plan. The plan will include a proposed sequence of implementation with a list of prioritized projects and estimated costs for each of the projects. A package of incentives with cost implications will be packaged separately for Council consideration. The Plan is scheduled for presentation to Council on June 12, 2001. Goal Ten - Expand citizen-involvement opportunities In the first quarter of 2001, citizen-involvement efforts focused on tracking media coverage, recruiting and training volunteers to operate the Town Hall cameras, and developing a series of informational programs to be presented at CIT meetings. In the next quarter, staff will continue to track media coverage and work toward expanding volunteer involvement in cable programming with plans to add coverage of the Planning Commission meetings. CI i meetings will continue to be a forum for providing educational and informational programming. A new focus will be exploring the use of the Internet and City's web page as a citizen-involvement tool, including recruiting for Community Connectors on the web page. With 70% of the Portland area connected to the Internet, it is increasingly important to involve citizens through the use of the Internet. Goal Eleven - Participate in the 2001 Oregon Legislative session Council met in December, February and April with Senator Ryan Deckert and Representative Max Williams. The Council gave input about telecommunication franchise issues, and support for commuter rail. These discussions were followed up with information that was mailed to the legislators. The Council chose not to participate financially with the League of Oregon Cities' (LOC) lawsuit to challenge the constitutionality of Measure 7. The Council supports efforts by LOC to work with the legislature to develop an alternative to Measure 7, which leaves intact some of the elements of the Measure that the Council favors. AGENDA ITEM # - H FOR AGENDA OF MU 15, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Durham Ouany Update PREPARED BY: Jim Hendryx DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL A representative from Washington County will provide an update on the pending development of the Durham Quarry. STAFF RECOMMENDATION No action required. INFORMATION SUMMARY The Durham Quarry, located a few hundred feet from the Durham exit on I-5 (Exit #289), is a property owned by Washington County, having been used for a number of years as a source of gravel for the County road-building program. The quarry went out of service many years ago and is currently being refilled by a firm under contract to the County. The Durham Quarry property contains approximately 28.6 acres, with approximately 7.1 acres zoned industrial in the City of Tigard. The remaining 21.5 acres, currently zoned Mixed Use Commercial, are located in the City of Tualatin. The property is specifically located at the northwest quadrant of SW 72nd Avenue and SW Bridgeport Road. Approximately 20 acres of the property are at, or near, a grade level comparable to surrounding property, with the remainder expected to achieve grade within the next year. Project Concept The County is aware that the property represents considerable value and presents an opportunity to create a model mixed-use and destination development. As a result, the County issued a Request for Proposals to identify a developer that would be willing to enter into a lease, or lease/purchase, agreement for the Durham Quarry property to maximize the immediate and long-term financial return to the County and provide a development that will serve as a national example of a mixed-use retail/commercial/entertainment based development in an urban area. Project Status In response to the RFP issued by the County, proposals were received from Opus/Center Oak, Gramor/Trammell Crow, and Cousins Properties. The Cousins proposal was subsequently withdrawn. The Opus and Gramor proposals include a mix of building types to achieve a mixed-use high-density development. Typical building types and square footages are: Theater 90,000 sf, Major Retail 50,000 sf, Village Retail 76,000 sf, Retail Below Office 80,000 sf, Restaurants - Pad 23,000 sf, and Office 500,000 sf. In this example, 819,000 sf of space would be constructed on the property. A mix of underground, structured, and surface parking could handle parking requirements for the site. Roughiy 3,000 parking spaces would be necessary for this type of development. Next Steps An evaluation team composed of County representatives, local government representatives, including Jim Hendryx, and individuals from the private sector, has been meeting for several months to evaluate the proposals. The County Board of Commissioners will be meeting shortly to select one of the development teams for further negotiation. In addition, the County has been working with the Cities of Tigard and Tualatin to create uniform zoning for the property, and structure an intergovernmental agreement that will guide development on the property. Council was last updated on the development potentials of the Quarry in October, 1999. The Tigard Planning Commission will be considering a Comprehensive Plan Amendment, Zone Change, and Zone Ordinance Amendment on May 7, 2001. Council tentatively is scheduled to consider these amendments in June. OTHER ALTERNATIVES CONSIDERED Not applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management; Goal #1 - Accommodate growth while protecting the character and livablililty of new and established areas. ATTACHMENT LIST None FISCAL NOTES Not applicable. ♦t qP r fr '.i'~;+Jr 7 d ~t h 11 Vi 'Ir ~h ,thy '♦r ,1 t °rC .'L T~ ` p,+' d+))T rtiN '•,tq♦. ~~,.,.CEYy lYY,,C.. 4~'tz~rt" '~.J .L.~: ~ n~ - S~y?.~C1 rl•'t~irirw... ° I~.W.~r,,. t ~4r S(`t 'E `S" ~J t~ r1''y~r 1 .,fq EciorlnV Arlo NF0RMA Intl :'IP q U: It, ilh * rf+ *'E:r t' ''1P, J:, r i'i: i'.I , I f ' '+.I1'.r'A~tr~. fis. Ji,y,it,. •R ',r 7 .A ,7, r :i: +4l h~ ~ off., ~f, ry, j ~1 •V» a r ~ I ~I .,r^. ~ t ~n~Ol lb w ~fl o + >F ~j YB~"fv l~ I E> a- r~ 'f + Vl~~ll 'i'!,~,~I'F F ,ili _ . ,tee ~1n•i.Nr`,y rrYr!i '.t ` ,,4 f - ♦ , r*~' i ranaeu rr+r.+,.)f 7' ~4' C(V ' pr~p'♦ + ~.1 r l ` +I ~4r~ u};~f,'~r~♦ -1 j` ~ P~i I~' S`.~ 'rr7 1y r-tit 'i P Y r j `L~'.. i~ i ~1.; r ! Wash ill 1011 County ounty t 9 7 °e U~ll'f i Pro pert i ~lll'haill Q5 1 y ~ zv ;i Quarry Property 1 I . f r. 1 f t ct~~~l~`1 f ~ ~ ~1 ~r' ~ i `l. r ffl~{r► t mile radius 1 r Cr,A. ! r ' , ` r{r il j ~{.~J''r r +a n~. S E' ~ 1 , ~ 1+ 1R$ ~ `t - ♦ _ _ r %T f it xl ~ , ` ~t✓!" c~ ~ ~1~ "j 1 ' r I77 ~ i-,} ~ r' ° ' s ~ ~ gyy ~,y I t ~ t a+ Y' XXd v~y~S, t ~ ~P r 4!'P ,~`~'K+P r~ I"~~~ r ~~V r 6'~ r~ ♦1~ 1 jl„ ! :7~ Ml. r1, .y~b{I ?I, IP rlG If~^ ;i f ~'ry { e'r`r ~1,.AP ~ !;r~?: ~;~1+t+ •+r • T=, 'L~•~YI ;F: .~i ....;,:.~;..~a9r~~'~' , ! Ual•r, 0~1 " j, ,~jt? 1"." ,7 I' I~j _ S ,t`,, •N I,i~d n'". ~ r. - ,:~i f ,i5 J j 7 i V ~4T~ r 5 ,4;~1 .y t,r I1D ^^~~rf 1f.(` /Z{'h ~r tf r y. Jt f~ m ,7 9 ,r v-r.u~ . , }1 L. rti r td° t~%„~: ah ~Y~r-v. ~A t! r.,, r•; , ~«u .,I,,'' - n~ '.ii,>'Y~~ ..p~f _a ~~p .~A,* T ~ I ~ , 1. ! ~ ` 4~d,'1' r 1L ~i1':r 1. '1' t a. q k'r~1, '<p ~1r ~.,r ~hh~, '~t i,.r 1~. y 'ilt 7 r~1;~+~`n ~ti ~ ~ I" ~~✓~~V,~l q i.. (y, If I rS~~ ~K 7y' A Ir~ 'MI Q 1~,}~ ° ~ ~ w^i° ^i ~r , t ~jF~ fit!! ~ ~ I~~ `~1to ,'f~yt A ~ 1 ~",t~~'~~j ~~~.,,i;t~~; r '~`i.:,4 ~ -v""~ , ~ .x ~I. .1 ,a1r ; r 4 n :,F~ fit.4," ♦ ..,day >t ,.r 1.. t •P. "All J t k,~ UARRY j U k tl0 +r~~tl .1 l 14 . PHOPE TY,' / ' KY 7q 3'U r9 do ,.l' ld nG r r d ° ..rr I. t, s~" I '~y, a tr I aar~ rf ~ ♦ ~~~;ay, ,~l~, r ~ ~ S~ ♦ t I`~`.fl r~~, l ,rssgk, ~ ~i5r~,;A ),q~ Z 1~5.,ix. r+~71;, 'I, I. J_ o.. 4,, - Lily r,r rV~ !3'f ~ 1Y ~ ~ ! ';1r, ~ rf ~ ~~~I(, 149, Y a ♦!._r i ,4 w1: ~f .K`.. s , i l~ r t ry r~l~'?•1r~ h, ! ,~i'• 4 . 9a< d n A ( i{~~~ ~ ~1 ;rt ~ ~ ~ g ~,,~C~ytd '<r: !e ~py'f ~ a 'u^'°Rl.~~n, a:.7 ,ha • y♦~d, f'•'`~ t a n ♦5 trgt fu „ i c 'i F etlf,. j i j w „i~ ~o,. `4~ 7 r Z ,y SOURCES: i. y.• .3.:, 1 u ''1: r si . "IS~=.. p. ...4. ♦r .ti 9 .1 SeRIA; Friu 0 'iY r t 'a, t. i Es. ~r ' r l I `.rot 9w F' i a I^! ! ! ' Aana photon Y er,erB Gross;. Inc Pc^and ,ti 1 t ,;~a 4~ .0. • 7 J ~ ~`.r 1t I S•y ~ i 'it 'i^4' 1 1 t ♦ ~8 r,i y yi'; I a It a'r~ 9r i o P.y~ ",r P? ,rat ;i •~r Ri,;q,t, A» Y, ' 1( ~rr ~ P ~iwl i,a,. ~1~rn ~ r ~ I~T1 1~ ~ F ~ I~~. + ~a ~ °p , t0~ hV.Fb71, rll r F': ` w`7. ,t d r ,I, ♦ r r r~- r Will F, t 1000 I500 20:0 2EJ3 M a 4 ~ xn ~ ~ ; + t6 11 'sis ' ~ I a ? ' a " , c~ 4 ~ s ear wulll r . ~ ~l ,f L • • ~ - + ~ 'rl ~7 + r ~l kJ• f •l t ~~n♦~~ 8~ ~~66t ~ ff 'rr ~ 7~ ; sly y f r p y i ~tr ui ( y~ Y ~ryx r n p ro Frl ~ A J r!I~ a~~~wF+ °9 I flr lnl y~+-.lr 1 ~ a E7R0 qa~~.,.i 1~r 1J,15:~r!r w.,-.~Ahrk~ f,,. .Prgr^1 f t t`~`~ ° METRO DATA RESOURCE CENTER °Y~~ 'w'~":,: .1.~~,` ( '_~r ter. ~ ilid:W~v~~ ~,.I 600iJEGRAvD AVENUE iPORTLAND OREGOv197?iw ia5~~r. _ a J w 1,~. 7 b r 4 _ Y" x,. lel(50J)791 17421 fox (503) 797. 1909 r.. fly: dco@metru•reyrmel, I umelra•regianciry }y , "R :,J -fir, ~,j .I ' ' ~ ~ r ~ ~Skt ~ t P~.~ I ~ ~ , , ~ In - .w u•k.f"+Jdr,,,l i,Y,. , L I Y µ I aP r ~ r, r P yi '`r_....~;--- f _ r.~~ .r~L~.:l ~'N w~ r1~ _ a spommill! I... y- 93 .;;4n• ~ Ivy' - 1 I..Fi - f _ 6} ~u' ~~~.4 ,F +1 ~ ' r' li,~ r 1 ,.t ~;~,i:"~ b '4' S('. ~ ,I ,•i'f31' x I~ ~ A ~l' I . il. M~q'~y'~ ~ I ,SC'; • fl J~„ a i t~ 11 a r R . I iv Il4r.. , ri S rYt: r,~4 ~F {4, m, s I 2t rr rN` r y~pp d~t'rr r, .f;rC,? 4+P4;p"P'rd ;~~t'9: e~I y 4* A --q it Jv, 1, ~94.b0P,~. Hv n ti d lit 11Y'~ 3.,^ r ,~f dM~~~ 11E1 t el It ryr'! e e E 1' rN y t.+1 y NO Ir 0271 C t~ ~ ^r i r ~ ~I ~ e~y. ~ ~y}~I 4~~t t ,•J e-, J t Fdw y 0~ ' ji N ' ; 4' • ~h; r ii f 1b vIM'f ( r t \2s IA`• Y rl I . '~v y 5 r~ f }Y 1 f 4 - Y ~a ~ ~ r G 1~ 'ter I P eV T 1'• f atr 1 Nz 17'- tq4 'r p~JJ 1 I' dh( y 3 ?a j b mt I I~ ,4pp&o- l Y ~ ggg'pppl I JU) ~ ' .f ~ f 9' '`yll/~~~~~~yy r,.~I ,fir r 3~+~~.1An~.1' h>' H~`~,zA~ ~~'1 '~,'y ' $ ~N~ 4~,r rL9 l 7 ~ 7 e . 1~p ll a;q 8 F F!`-F: ~.yr~~!~4'~a I6 i1' i I ~7 3~ log ~ 17, .~~y H+? »!y' ~vlu~illAtErtda"~wk`.. '.~SY'~I~!1- f 1 3 . el t. Rilltl'y,4 11 EG ION At. t.ANG INT 0 R M A f1 O[' . val r n?44~ ~ F it 0 { iv, u{ I elt~ittb~~hr~ ,r r '~sAy'A~h ~~v~ a to r ~ tp„ a r 1 Washington County X", ~ Durhaill Quarry Property ~if~ I I I Quarry Property ~ ryK Y An 1. SAr ' , _ ~ • d r ) t_ i r`t~~ b ' r :t y , {t S OUARRY : PROPERTY . 1 ~ 1 r L ' i Irf ' y , ~~dfp~ 4 1 SOURCES AERIA PHOTOGRAPHY `f: 'j~ S bySpence.8 Grss,Inc PcIDdrJ ~19,ep0hXa0la1, SrIaQY9h ~ I d 3 lq Ir x q , R a to , d ~ 'tor; b~ 0 100 200 300 400 Fee; I jf rI r ,f,~ VC ' r I I K 4r c d r METRO DATA RESOURCE CENTER 600 NE GRAND AVENUE PORTLAND, OREGON 97232 t tel (503) 797 1742 fax (503) 797. 1909 f dre@nmefre-regwq u_i • „ w melro-regicn arq REGIONAL LAND INFORMATION SYSTEM 5 Durham Quarry Property Central Commercial Office Commercial Heavy Industrial Multi Family (medium density) Single Family (lowest density) Single Family (low density) Single Family (low-medium density) Single Family medium tlensit 40- M e 7R o METRO DATA RESOURCE CENTER L L 1 1 L me raaosa zr~nooo ton Co Washin nt I~ k g y u I yp~y ~ A L E G E N D , Quarry Property j A rox 114 mile adius ` ~ tt ~ it T4~~1 3 ; v ~ _ I PP , r 1 ~lGeneral Commercial Y Neighborhood Commercial ' ' Agricultural or Forestry 'y I 1 k Ap:' h nth k Industrial Area l ' ~.~nrw:~ u, lE ! ~L'94W1v3Sh4! 1~ t Y P~il t k~ ~ ~ ; Light Industrial Mixed Use Industrial ~ i; ~r n t~la ~ Multi Family (low density) ~ l ~ ' ° ~ ~ ~ ~ ~ ~ Multi Family (hi h densit ) y • . t 1 , , t .r,; ~ ~ ~ n: u ~ h,. ~ " y g Multi Family (highest density) Mixed Use (low density) Mixed Use (low density) Mixed Use (high density) Public Facilities Parks & Open Spaces Rural Residential or Future Urban 6 r 1 ~ f 6 'f~ f a ~ g r i Sin le Famil (medium-hi h densit ) ~ g y g y Single Family (high density) Single Family (hi hest d it H g ens y) W ~ I I O ~ ~ 1 F y + I,~ ~ SOURCES: _ I ; ja 4 ~lt~~l I I tiY{ I A 7 , ' r' 11 J`M ~ ~ ; ~S ~ ~ I f , r t i x~ 1 l F ~ , r FlF TAX LOT MAP CowNAssessment andTaxailonaHicas,1999.Data '~+s ~ ~ wy, I~~'' ' ' ,:y ns ~ fl :~LLCO ;r ° ~ + 14 , ' ~ ~ ~ '1 a ~ - I ~ ` , I ; J/' a~~ ~ i ~ calla onscelelel"=100'.Inurhanareasandi"=2W'er 1-000'In rural areas. Horizontal accuracy is 99lusor minus flue(eelarbeflerlneaavertan,b!ilaukle,Oregaa City, Tigard end ur6en Multnomah County: Other aleac are rmin plus a ualenfeat. ~ ~ F ~p ~ ZONING LocalJ n zc g 1999 sdicgo nin maps Re Isle g rs !o the tl ~ , r , y P~~ B 4 Rl T~ 1 7 + ~ . a , lol p lez I~ I K' 7, 1 r ~ C xt I ' l,~ T',Ilrrmolionnn finis napp I fnveal~ n i'.d' 7riiG. ,.arr. % as taken in the reallan.f,his map vuim I iii Iy r sWnslhilll Y for P I arrnrs omissions : or positional a o°m CTL;~ ~ ~ . ~2 rrantles;expressed nnmplie0.^includinglhe I mp,,l n ror;ur fNese toraparicWerpurpose, eccompanymi;;h d~ r ' ° _ ~ ,l, j~ } v n f 11-~, ✓ ,1 fa ncJicaiion of any errors: ull ~u aopremaleJ, w,r ads ai a.. i l a + . - ,f o sao aoo aao aao Feat ,~--rte - r I ~ LY 4 h: ~ ~ • ~ I ° ~ ~I~ ~ ~ ~ r ~ ~ 600 NE GRAND AVENUE PORTLAND, OREGON 97292 I ?r ~ s'~ r I „ ~ ~ I ~ puetpu - ~ ~ ~t~~ ~ iel (503)'78'/ •1742 fax (503) 787 - 1909 dre@merro-reglon;org vrrnv.melro•reglon,arg I E- 20 SCREENS THEATRE LOCATION OF 3 LEVELS 2,320 3 LEVELS 2,320 CAR 4,500 SEATS 90 OOOS,F. CAR PARKING STRUCTURE "riti u ^ m The mixed•usadevelopmentproposedforBdgdepalVillageweavesadchlhrea• BELOWT4~REe&VIL E , KL PARKING STRUCTURE BELOW THEATRE&VILLAGE dlmensionaltapeslrycfdesireddesllnalio11 Eachumquepad-lhaakes,stores, _ r t restaurants and offices-will have its awn ldenlily and yet blend Into a harmonious ' a- whole. The resultwillheavibrantregionalcenterafcahuralactivity, designed toallow F 4 w ~a automobiles and pedestrians to peacefully co-exist, with gi hit Ion 1 0 t Paths q 3 18 17 The solu(ion capitalizes on Ile lopagraphy of the spent quarry,iendeAly inserting a u + I iLO 1~ m.16- 170 ' CARS r ~ spaciouslh,e. auelparkmgslructuremfatheexlshngezcaval,remouln enough LOBBY remaining earth to smooth the site into a universally acce Iattonn whilegalancin 2 rL 9 Y 8 hour ssihla I - n I MAJOR - culand811. Thebulkofpeak• 5 grv .,:z carsarelhusstoredaulo vlewbelowlhshead "A" ro oflhevillage,thelraccupants whisked tothebusiOesslevelbymullipleescalalorsrs: I~ Tl t I U r la 15 Limited surface arkin9and easy 9 !a na'n ate slreatswill amply handle the escalators. I ` JIF- k P P - „s n r2, . a traffic,ThecampementofuseswiOultimately ease parkin gdemand through reciprocal 7 9 10 ar (I 1I~ I 14 kti~ use of the garage, and simplify traffic through a broader distribution of busy periods; J „I I - peak theatre demand is opposite peak office demand. 8 area 13 < Q~ y/ The site and buildings will take maximum advantage of the best available technology, {r through "smart"design forinstantaneous worldwldecommunlration, and a"green ( 10 CARS DROP OFF _ approach to materials and methods. - J rY1}., _ 4 8 `J QY / xv eK - RE AL RETAIL K FOOD 10k U 2DK.. -ld FOOD RETAIL N N RI-- TAIL n. C)k 1 _ - z y~ w~ 100 K I(I _ v? Itl 4 100 K OFFICE ^ x OFFICE e - rooo rani o N. 24 K 4q r' I 2LEVELS I~ 2LEVELS 5 .I 1 RETAL / I " RETAL EXISTING SITE TOPOGRAPHY rm a a VI LAG FOOD f $e m z TABULATIONS RETAIL 1 _ RETAIL Faso 5 100 K • VVV 104 3 OFFICE 4 OFFICE SITE AREA 28.6 GROSS ACRES RETAIL - I / i' 1000AR5 126.0-NCTACRES S 0 NOVEMBER 14, 2000 20002.02 SITE PLAN DIM 11"'GEPUCIRT 'VILLAGE WASHINGTON COUNTY, OREGON U 1 E N f 0 R 0 U ARCHITECTS !'r PLANNERS 3300 IRVINE AVE., SUITE 9200 11 NEWPORT BEACH, CA, 92660 949.955.3991 U FAX: 949.955.3998 MODEM: 949.955.3997 41 email@stoutinc,com 25D G H = BUILDING AREA AREA PARKING THEATRE 90,000 S.F. 5 SEATS/ CAR 900 CARS MAJOR "A" 30,000 S.F" MAJOR "B" 20,000S.F. VILLAGE RETAIL 76,000 S.F. 5 CARS/1000 S.F. " ' 00 CARS RETAIL BELOW OFFICE 80,000S.F. PAD RETAIL 23,000 S.F•' OFFICE 500,000 S.F. " i 4 CARS/1000 S.F. 2,000 CARS TOTAL AREA 819,000S.F. REDUCTION FOR MIXE D USE 50% REDUCTION OF THEATRE PARKING -450 CARS 20% RETAIL PARKING -220 CARS REDUCTION TOTAL PARKING DE MAND 3,330 CARS PARKING PROVIDED SURFACE PARKING 1,010 CARS PARKING STRUCTURE 2,320 CARS TOTAL PARKING PROVIDED 3,330 CARS FAR = 0.72 ON NET SITE AREA R THEATRE ABOVE 3 LEVELS PARKING STRUCTURE 2,320 CARS LOCATION OF 3 LEVEL 2,320 Themixed•usedevelopment praposedfor13rigdeporiVillage weaves arich three. CAR PARKING STRUCTURE dimensional tapestry ofdesiraddasOnations. Each unique pad-•theatres,storesBELOWTHEATRE&VILLAGE fff ~ r_ restaurants and offices-will have Its own Identity endyyetbland Into aharmonious k^~y~ RAMP a RAMP whole. The result will be a vibrant regional center ofculturalactivity, designed toallow , automobiles and pedestrians to peacefully co-exist, with generous, brlghtly lit circulation Ii f paths r pp Thasolution callalizesonthetopography otlhespanlquarry, deftly Inserting a ° spacious Ihree•leval parking structure Into the existing excavation, removing enough I remaining earth to smooth the site Into suniversaliyaeeessible latfonnwhilebalancing Ly_ cut end rytla The bulk ofP ek•hou. ears are thus stored out o below the hears 1° 70 of(havlllae,lheiroccupantswhiskedtaihehusiroaslevelbyymulgpleascalalare I I I i CARS Limited surface paddngandeasy-to•navlgatestreets will amp lyhandle the routine I ~~v rd ESCA ORS ES TOR T Va CA parking it P ~o•Thacomplement otuses wtllultimately ease parkla demand through reciprowl I 1, e a use of the garago, and simPIIN traffic through a broader distribution of busy periods' peaktlieafrademandlsoppoVlepoakoffice demand. ~ Ir v 1 k I ELEV + 0 1 The site and bulidings will lake maximum advantage of the best available technology, ° through 'smart" design for Instantaneous worldwida communication, and a "green / approach to materials and methods. J . .r I. t r f ,4 r r m SCP ,TOR ' i ,i }I CT6 ` AC 1 FV j,' 4 N ~~I ^1 1.~ N YIl ABOVE - - , r LEk I I °m LEV a - r I CARS I I ~ I 'W i CARS l i ELEV t i ELEV.• 20 CARS 20 CARS EXISTING SITE TOPOGRAPHY r 10° I~~J cI l~ P~I i TABULATIONS i , 130 CARS 180 ARS SITE AREA BUILDING AREA AREA PARKING THEATRE 90,000 S. F. 5 SEATS/ CAR 900 CARS MAJOR "A' 30,000 S.F. MAJOR "B' 20,000 S.F. VILLAGE RETAIL 76,000 S.F. 5 CARS/1000 S.F. 1,100 CARS RETAIL BELOW OFFICE 80,000 S.F. PAD RETAIL 23,000 S.F, OFFICE 500,000 ST, 4 CARS/1000 S.F. 2,000 CARS TOTAL AREA 019,000 S.F. REDUCTION FOR MIXED USE 50% REDUCTION OF 28.6 GROSS ACRES ±26.0 NETACRES THEATRE PARKING -450 CARS 20% RETAIL PARKING -220 CARS REDUCTION TOTAL RKING PARIDED DEMAND 3,330 CARS PARKING PLAN I T "FILLAGE PA VIDED WASHINGTON COUNTY, OREGON PARKING PROVIDED SURFACE PARKING 1,010 CARS S 1 J F 4 8 H 0 U G PARKING STRUCTURE 2,320 CARS ARCHITECTS & PLANNERS TOTAL PARKING PROVIDED 3,330 CARS 3300 iRVINE.AVE., SUITE 0200 o NEWPORT BEACH, CA. 92660 949,905.3991 0 FAX: 949.955.3998 NOVEMBER 94, 2000 20002.02 MODEM: 949.955.3997 0 amail@stoutinc.com FAR = 0.72 ON NET SITE AREA SILICON VALLEY CENTER Sunnyvale, California ENTERTAINMENT VILLAGE TABULATION EXISTING PROPOSED CHANGE SITE AREA 35.24 acres 36.50 acres 01.26 acres BUILOING AREA Macy's 177,816 s.f. 177,816 s.f. 0 Montgomery Ward 152,621 s.f. 152,621 s.L 0 J.C. Penney 98,408 s.f. 98,408 s.f. 0 Mall GLA 269,494 s.f. 329,494 s.f. 60,000 s.f. Entertainment Village 0 115,000 31 115,000 s.f. Pads 12,537 s.f. 55,537 s.f. 43,000 s.f. 20-Screon Theater 0 82,000 31 82,000 s.f. Total 710,876 s.f. 1,010,376 s.f. 300,000 s.f. PARKING Existing Structured Parking 2,430 cars 1,700 cars -730 cars Parking Q Grade 911 cars 600 cars -311 cars New Parking Structure 0 1,800 cars +1,800 cars Total 3,341 cars 4,100 cars +759 cars Parking Ratio 4.7 cars/1000 s.f. 4.1 cars/1000 s.f. Owner: American Mali Properties, LLC Sherman Oaks, California Description: The Silicon Valley Center, in Sunnyvale, is a redevelopment of the Sunnyvale Town Center mail, adding an entertainment center, 20-screen theater coroplex and additional mail space. A new 1800 car parking structure will service the renovated facility and the 250,000 sq. ft. addition. Architect: Stoutenborough, Inc. Architects & Planners i J U i 9 9 0 1 0 U G H _ i o+gNmr N k ~ 7L a - oom l f rrmm~ 1 I ; do W I Y ~ II 0. ~ ~ a ~y~4`ti ' w WW u f N ^ X q N n MU C 9 g a ,r ~ y9 'f ; ~ ~ F 3 ? y :9 ~ r`•a, uxy., 2~ _ rJ, - -::ham\~ oa a i P r •R r~Q~ ~ ~ rtn y_ ~ r 9 ~ 08° a~•-~s~ 1 _ ,."h q ~ Eg~g88 ~~Pr~LV n r m 8 ~ aSJ a ~ b 0 --L__ 5d L~ Q s fl V arc a n Lj-, a U U k ~ay .d 5 ~Z 'lam C RriT 1 ] °¢e'~~r C7 I~ i 'l I11 ISM! ~ r t i rr' -r. 1 ~ itl ~ ~ III ~ n r 1 r I "H r= r f ~ r1~.. Ut x~i' + r: + 'I 4 " f 'I r Irn 1,. i rl tat e; l} c...1 : 1~ 1 s 1 ( r , at 'i i ~ /~M ~,il~ 1 fll!,~ ] ~ ~I } ( ~ ~ fit'"~ ~ ::1 1 ~ t , ✓ ~d ~ s I ~r;. r 3.;~",~~~ a red ~ t ~ ~ ~ ,.}~~il;~~k'r~P~r•ri:~~~Fl f„ ;t" ' F ~ r ~ ' ~ v,/ + f I,l ~ ~ I~ "T^`m`pV'tj✓Y~ .,,ruf i r11fr r tl!{ , 1 ty 1~','1 1 ,rrr r/>~ r ~I S I 7K ` ~,,+t , t .F rI a V 4'I f' ~ I ! yrd ,c ri" -•a i ~ 1 a ' ~a:~ r v 1 JJ 11 _ t;. h' nd ,dlf. .er. lx ~Pt~V~.r.~TMX ~rA , ~v~ ° vn y " - ~ F o ~n : T H. ~'?II n.4 WS••y. c11`I fl.P.'~'~`71 ~ V_.i<J Mimi I r +i I JJ a \l J ~af a i §r~~ ~~t • p.,J , i 1 .f . r o. 1 - i•.':..:. f ~V% y8 J,F ~ I,J ~ 'r + ~~i` ✓ fir' ~ci r j1 ':r ~ r ' Kr ' - - r de p :F~~ ~xaa. v,~d "r r ~,7 i•. r ro .w , • ~ ~ } ter,- ~ ,,t'•= ~ 9 ~ ~ 1 t r 1, r r t y. •i y ~ta ~Ai 1 r 1 „ •'i 5%i si: s'' p,%~: ~ ~ e,^a, •JY { ~t• ~.1 - .•Y.:'ri'",• ~ V is r IN .41 1 a ~ - ~~rw •~a A i- - r t~'R r 1' 11 e t h - y if J / 1 p 1 Y r ` ~ r ~ II ~ ~ K c ~ tr I r LMMARCHITECTS Novemher 2000 AGENDA ITEM # 5 FOR AGENDA OF E5 • 15.O I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Strategic Planning of Funding for Library Transportation Recreation & Public Facility Needs/ General Fund PREPARED BY: William A Monahan DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Council should have a discussion of the major funding issues which are pending requiring Council review and decisions over the next few years. Since the resources that are available to the community are limited, some prioritization of needs should occur as well as scheduling potential bond measures. STAFF RECOMMENDATION Staff recommends that the City Council discuss the major funding issues facing the community and determine a tentative schedule for addressing these needs. INTORMATION SUMMARY The City has several financial issues facing it in the next several years related to the availability of general fund revenue and the need for providing improved public facilities and programs. In recent years, the City has failed to obtain voter approval of both a public facility bond in 1998 and a transportation funding package in 2000. In addition, voters rejected the Atfalati Recreation District proposal in 2000. Presently, the City Council, staff, and citizen committees are evaluating the need and funding options for a new library facility as well as transportation irrnrovements. Meanwhile, the Atfalati Recreation District or some other entity may consider seeking funding at some time for recreation programs and facilities. With several funding issues facing the City, it is important that the City Council be briefed on the City's financial situation, possible funding sources, and the potential funding needs for a new library and road improvements. Each of the issues impacts the other. In addition, because the City has not been successful in passing voter approved bonds to finance major improvements, there is a need for a coordinated effort and planned out scheduling of any financial package that goes to the voters. On May 15 staff will lead a discussion with Council on the information presently known on the funding needs for a new library, trends and costs related to transportation improvements under the City's jurisdiction, and other general fund related issues. Craig Prosser will brief the Council on the Financial Plan and the options available to the City to reverse the direction of the general fund. A local option levy, as allowed by Oregon law, should be explored as an option to provide additional general fund dollars for City operations in future years. Based upon the discussion on May 15, the Council and staff should continue to prepare a prioritization and sequence of activities which can then be used to guide the plans and actions of Council, advisory groups, and staff. For instance, if the Council chooses to place a library facility bond on the ballot in 2002, ahead of other funding requests, what would the logical next package entail and when would it be considered by the voters? Based upon the direction given by Council, staff can return with alternatives and information on the impact that the alternatives have on the City's financial position. Citizen members of tl-Le Budget Committee will be invited to attend the workshop session and participate. While no final decisions on the specifics of a strategic plan for funding are necessary at this time, if direction is given, better long-range planning can result. Address each municipal funding issue independently as it comes before Council. Once a final decision is made on a strategic plan, each individual element of the plan will have fiscal consequences. I:U WWY COUNCIL COUNCIL AGENDA ITEM SUMMARIESXSTRATEGIC PLANNING OF FUNDING.DOC % N R~ h f.~i cFd r ~"a+~ ~i~~r = t~ ~ rot ^3'i ` S r S r t ~ fa ti 1. A "I 'Y"'I2tC°R ~ lr t-~ S S `t n'k~I^A {no y. '~1b~~Zf t S t ~ 6y.i 1'+. g " frrCSC'4} 1 a s 9' roc ' ~K t! .r 'tr},{'rf`41YJ~~4 i'.~,,~yf~t ty i +'f rA^9 f 6 '-J1 ?T 3YIYf~W yTt.•- ( i $4 ~.r s ,c t ~ t r 'y~ ~f AF d S G4 ' ~K t 6~ r ti r r r `.I, ~.lsrct 2 c^'~- .i Xrlj -.L~ r "1" 1 ebYY'1c1;75K' , t i~ J ~ s ii.R ( ~ a I`r .l 4 are rs I ~~>ch' i~Crxrl ~f 'c"}S3 al:u 9It.~ 1 _ M1 t f•rr , 2, V.yX v s z>a I€t z ~ ( .`i F 44 'nl. S t c l i q S .n ._t vY X--V j `t z ~4 a r~~ s (i.~ etf c. i y.} Gv i eF J t " r tom. tF , z v-%,z sya7 a xT ' r 1Nr' A ty c, a h ~ (~a~~}",lcs~,J x 1 ~ ln-K,~^`~`FJ♦ y " ~ - " lr ct I' it < + , s „h`' Y S C ? Si¢"`t~ A.i. ~ Art,. i.' t !~✓''.6 fY? 111. i_ ~f: 3 l tfr~_~I~`~E". ~k i ~7~.ui~a}r ~ r~.lrtli.~ S L v«YlY9 ^ ~ 1~~11.; .n.:.~ 7 r,i...-;,h"s,~i I 4 _J~~~ ti ~r~= z"' . `'~'v ~le~.pi1 Lii~ 6 10 AGENDA ITEM # FOR AGENDA OF May 15, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE PREPARED BY: G N Be=91)$ DEPT HEAD OK ISSUE BEFORE THE COUNCIL Council review and discussion of Tigard Municipal Code Chapter 13.09, and potential changes to the existing ordinance. STAFF RECOMMENDATION Direct the preparation of revisions to TMC Chapter 13.09 as recommended by staff. INFORMATION SUMMARY The purposes of the discussion in this meeting are to: ■ Review the current ordinance with Council ■ Explain how the City currently uses the ordinance ■ Discuss issues noted with the existing ordinance and potential changes ■ Receive direction from Council on revisions that should be made in the ordinance Existing Ordinance Chapter 13.09 (Attachment A) provides for the formation of reimbursement districts for various types of public improvements including streets, storm drainage, and water. The ordinance currently excludes the formation of reimbursement districts for improvements that would ordinarily be required as part of private development projects. However, a reimbursement district can be formed for the benefit of a private developer if the improvements are in addition to or in size greater than that which would ordinarily be required. Experience has shown that the Chapter is best suited for public improvements such as sanitary sewers where a physical connection to the public improvement is required for the continuing use of a parcel of land. The City currently uses Chapter 13.09 primarily to form Reimbursement Districts for sanitary sewer extensions. This enables the City to recover the cost of constructing the sewers by charging each owner within the district a reimbursement fee when the owner connects to the sewer. The current ordinance evolved through a series of past Council actions that are summarized in Attachment B. Issues Noted ■ Reimbursement districts do not appear practical for improvements other than sanitary sewer or water lines. For example, a developer could request that a reimbursement district be formed for street improvements. However, recovery of the cost would be difficult to control because the developer would only be reimbursed for the cost of the additional street improvements if the other owners within the district obtained permits to build new buildings, extensively modify existing buildings, or connect to the improved street. Similarly, if the City were to attempt to recover the cost of street improvements constructed by the City through a reimbursement district, it would be faced with this same uncertainty. A storm drainage project likewise faces the same difficulty since many small developments could direct runoff towards the street without underground connection to the storm drainage system. The question is therefore: Should the language in this chapter that provides for other types of reimbursement districts be retained? The formation of a Local Improvement District appears to be a more suitable method for recovering costs of these types of projects. There is occasionally a need to purchase an easement within the district to construct a sewer project. However, Chapter 13.09 does not currently authorize inclusion of this cost in the reimbursement fee. Section 13.09.040 states that for the cost of the purchase of an interest in land (such as an easement) to be included the reimbursement fee, it must be "purchased from a third party to complete off-site improvements". However, providing service to an existing subdivision may require purchasing an easement from an owner within the nronosed district. This would result in the purchase not being from a third party and not for an off-site improvement. Should the paragraph be revised to allow the cost of purchasing on-site easements to be included in the reimbursement fee? ® The existing ordinance provides for the establishment of reimbursement districts to reimburse a developer for waterlines installed that exceed the capacity required for the developer's project. The use of reimbursement districts appears feasible in this type of situation. However, in actual practice, the City currently funds this required additional capacity through collection of connection fees. Consequently, forming a reimbursement district for the construction of waterlines is unlikely unless the current practice changes. The existing ordinance is basically tailored for developer-initiated reimbursement districts. It has provisions for charging administrative fees for administrative review and has a mechanism for charging City costs for administration of the agreement that is developed between the City and the applicant. However, for City- initiated reimbursement districts, the ordinance does not explicitly provide for City overhead fees in administering the districts. Should the ordinance be revised to allow the City to include those overhead charges to the districts formed? This, of course, runs counter to the goal of providing incentives to connect to sewer by increasing the overall costs. Recommendations The existing ordinance could be revised to reflect actual practice and eliminate portions of the Chapter that do not appear feasible for implementation. However, there does not appear to be any real need to change the ordinance by limiting it to the formation of sanitary sewers. Other improvements could conceivably be constructed using reimbursement districts contingent upon the establishment of relevant mechanisms that would trigger collection of the reimbursement fees. In addition, if City practices change, the installation of additional water line capacity could be constructed through formation of reimbursement districts. Adding City overhead charges to the overall costs for City-initiated districts would add to the cost per lot. Although it would be proper to include such charges, the City has not included the charges in previously formed districts. Because it would increase costs, it probably would not be a good idea to make these charges mandatory. However, staff recommends revision of the ordinance to allow the City, at the City's discretion, to include such charges in the overall costs. Another change that staff recommends is to allow purchase of an easement within the district if needed to construct the project. At Council direction, Chapter 13.09 will be revised to provide this authorization. The next anticipated request for Council action is scheduled for June 12, 2001. At that meeting, staff will present a plan to extend sewer service throughout the City using the Neighborhood Sewer Extension Program. A package of incentives to encourage owners in reimbursem^rxt districts to promptly connect to the sewer once it is available will also be presented and discussed in that meeting. Council will be requested to provide d: -ztion on those incentives that would be acceptable and should be developed for implementation. The selected incentives could be implemented through resolution and need ,ot be included in Chapter 13.09. OTHER ALTERNATIVES CONSIDERED Discussion item only. Proposed revisions to Chapter 13.09 will be prepared in response to direction from Council. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Attachment A: Tigard Municipal Code Chapter 13.09, Reimbursement Districts Attachment B: Evolution of Chapter 13.09 Through Past Council Actions FISCAL NOTES Reimbursement districts are funded through the Sanitary Sewer Fund as approved in the annual Capital Improvement Program. 1ACitywide\.Sum\Revisions to the Reimbursement District Ordinance Attachment A TIGARD 1VIUNICIPAL. CODE Chapter 13.09 REIMBURSEMENT DISTRIC'T'S Sections: service to property, other than property owned by the person, and who applies to the City for reimbursement for the expense of the improvement. The "applicant" may be the City. 13.09.010 Definitions 13.09.020 Application for a Reimbursement District 13.09.030 City Engineer's Report 13.09.040 Amount to be Reimbursed 13.09.050 Public Hearing 13.09.060 Notice of Public Hearing 13.09.070 City Council Action 13.09.080 Notice of Adoption of Resolution 13.09.090 Recording the Resolution 13.09.100 Contesting the Reimbursement District 13.09.105 Final Public Hearing 13.09.110 Obligation to Pay Reimbursement Fee 13.09.115 Annual Fee Adjustment 13.09.120 Administration 13.09.010 Definitions (1) "City Engineer" or "Engineer" means the person holding the position of City Engineer or any officer or employee designated by that person to perform duties stated within this chapter. (2) "City" means the City of Tigard. (3) "Person" means a natural person, the person's heirs, executors, administrators, or assigns; a firm, partnership, corporation, association or legal entity, its or their successors or assigns; and any agent employee or any representative thereof. (4) "Applicant" means a person, as defined in subsection (3), who is required or chooses to finance some or all of the cost of a street, water or sewer improvement which is available to provide (5) "Street Improvement" means a street or street improvement conforming with standards in the Tigard Community Development Code and including but not limited to streets, storm drains, curbs, gutters, sidewalks, bike paths, traffic control devices, street trees, lights and signs and public right-of-way. (6) "Water Improvement" means a water or water line improvement conforming with standards in the Tigard Community Development Code and including but not limited to extending a water line to property, other than property owned by the applicant, so that water service can be provided for such other property without further extension of the line. (7) "Sewer Improvement" means a sewer or sewer line improvement conforming with standards in the Tigard Community Development Code and including but not limited to extending a sewer line to property, other than property owned by the applicant, so that sewer service can be provided for such other property without further extension of the line. (8) "Reimbursement District" means the area which is determined by the City Council to derive a benefit from the construction of street, water or sewer improvements, financed in whole or in part by the applicant and includes property which has the opportunity to utilize such an improvement. (9) "Reimbursement Fee" means the fee required to be paid by a resolution of the City Council and the reimbursement agreement. (Ord. 96-13; Ord. 94-10) 13-09-1 Rev. 04109196 TIGARD 1!/IUNICIPAL, CODE 13.09.020 application for a Reimbursement District of the cost of labor and materials, or other evidence satisfactory to the City Engineer. (1) Any person who is required to or chooses to finance some or all of the cost of a street, water or sewer improvement which is available to provide service to property, other than property owned by the person, may, by written application filed with the City Engineer, request that the City establish a reimbursement district. The street, water and sewer improvements must include improvements in addition to or in a size greater than those which would otherwise ordinarily be required in connection with an application for permit approval and must be available to provide service to property other than property owned by the applicant. Examples include but shall not be limited to full street improvements instead of half street improvements, off site sidewalks, connection of street sections for continuity, extension of water lines and extension of sewer lines. The City may also initiate formation of a reimbursement district. The application shall be accompanied by a fee, as established by resolution, sufficient to cover the cost of administrative review and notice pursuant to this Chapter. (2) The application shall include the following: (a) A description of the location, type, size and cost of the public improvement to be eligible for reimbursement. (b) A map showing the properties to be included in the proposed reimbursement district; the zoning district for the properties; the front footage or square footage of said properties, or similar date necessary for calculating the apportionment of the cost; and the property or properties owned by the applicant. (c) The estimated cost of the improvements as evidenced by bids, projections (d) The estimated date of completion of the public improvements. (e) Applicant may request a discretionary annual fee adjustment, which, if granted, will be administered pursuant to Section 13.09.115. (Ord. 96-13; Ord. 94-10) 13.09.030 City Engineer's Report The City Engineer shall review the application for the establishment of a reimbursement district and evaluate whether a district should be established. The Engineer may require the submittal of other relevant information from the applicant in order to assist in the evaluation. The Engineer shall prepare a written report for the City Council, considering and making recommendations concerning the following factors: (a) Whether the applicant will finance some or all of the cost of a street, water or sewer improvement, thereby making service available to property, other than property owned by the applicant; (b) The area to be included in the reimbursement district; (c) The estimated cost of the street, water or sewer improvements within the area of the proposed reimbursement district and the portion of the cost for which the applicant should be reimbursed; (d) A methodology for spreading the cost among the parcels within the reimbursement district and where appropriate defining a"unit" for applying the reimbursement fee to property which may, with City approval, be partitioned, altered, modified, or subdivided at some future date. The 13-09-2 Rev. 04109196 TIGARD MUNICIPAL CODE methodology should include consideration of the cost of the improvements, prior contributions by property owners, the value of the unused capacity, rate-making principles employed to finance public improvements, and other factors deemed relevant by the City Engineer. Prior contributions by property owners will only be considered if the contribution was for the same type of improvement and at the same location (example: a sewer-related contribution in the same location as a sewer improvement would be considered, a water-related contribution in the same location as a sewer improvement would not be considered); systems development charge credits, or any costs which cannot be clearly documented. (3) No reimbursement shall be allowed for construction costs that occur prior to the formation date of the reimbursement district. (4) Reimbursement for legal expenses shall be allowed only to the extent that such expenses relate to the preparation and filing of an application for reimbursement, and to working with the City through the Engineer's Report and formation public hearing stages of an application. (e) The amount to be charged by the City for administration of the agreement by the City. The administration fee shall be fixed by the City Council and will be included in the resolution approving and forming the reimbursement district. The administration fee is due and payable to the City at the time the agreement in Section 13.09.070(2) is signed. (f) The period of time that the right to reimbursement exists if the period is less than fifteen years. (Ord. 96-13; Ord. 94-10) 13.09.40 Amount to be Reimbursed (1) The cost to be reimbursed to the applicant shall be limited to the cost of construction, engineering, and off-site right of way. Engineering shall include surveying and inspection and shall not exceed 13.5% of eligible construction cost. Costs to be reimbursed for right of way shall be limited to the reasonable market value of land or easements purchased by the applicant from a third party to complete off- site improvements. (2) No reimbursement shall be allowed for financing costs, permits or fees required for construction permits, land or easements dedicated by the applicant, costs which are eligible for traffic impact fee credits or (5) A reimbursement fee shall be computed by the City for all properties which have the opportunity to utilize the improvements, including the property of the applicant for formation of a reimbursement district. The applicant for formation of the reimbursement district shall not be reimbursed for the portion of the reimbursement fee computed for the property of the applicant. (Ord. 96-13; Ord. 94-10) 13.09.050 Public Hearing (1) Within a reasonable time after the City Engineer has completed the report required in Section 13.09.030, the City Council shall hold an informational public hearing in which any person shall be given the opportunity to comment on the proposed reimbursement district. Because formation of the reimbursement district does not result in an assessment against property or lien against property, the public hearing is for informational purposes only and is not subject to mandatory termination because of remonstrances. The City Council has the sole discretion after the public hearing to decide whether a resolution approving and forming the reimbursement district shall be adopted. (2) Repealed by Ord. 96-13. (Ord. 96-13; Ord. 94-10) 13-09-3 Rev. 04109196 TIGARD MUNICIPAL CODE 13.09.060 Notice of Public Hearing Not less than 10 nor more than 30 days prior to any public hearing held pursuant to this Chapter, the applicant and all owners of property within the proposed district shall be notified of such hearing and the purpose thereof. Such notification shall be accomplished by either regular mail or personal service. If notification is accomplished by mail, notice shall be mailed not less than 13 days prior to the hearing. Notice shall be deemed effective on the date that the letter of notification is mailed. Failure of the applicant or any affected property owner to be so notified shall not invalidate or otherwise affect any reimbursement district resolution or the City Council's action to approve the same. (Ord. 94- 10) (c) The applicant shall defend, indemnify and hold harmless the City from any and all losses, claims, damage, judgments or other costs or expense arising as a result of or related to the City's establishment of the district. (d) The applicant shall acknowledge that the City is not obligated to collect the reimbursement fee from affected property owners. (e) Other provisions as the City Ccuncil determines necessary and property to carry out the provisions of this Chapter. (3) If a reimbursement district is established by the City Council, the date of the formation of the district shall be the date that the City Council adopts the resolution forming the district. 13.09.070 City Council Action (1) After the public hearing held pursuant to Section 13.09.050, the City Council shall approve, reject or modify the recommendations contained in the City Engineer's report. The City Council's decision shall be embodied in a resolution. If a reimbursement district is established, the resolution shall include the City Engineer's report as approved or modified. (2) When the applicant is other than the City, the reso'. tion shall instruct the City Administrator to enter into an agreement with the applicant pertaining to the reimbursement district improvements. The agreement shall be contingent upon the improvements being accepted by the City. The agreement, at a minimum, shall contain the following provisions: (a) The public improvement(s) shall meet all applicable City standards. (b) The estimated total amount of potential reimbursement to the applicant. (4) The City Council resolution and reimbursement agreement shall determine the boundaries of the reimbursement district and shall determine the methodology for imposing a fee which considers the cost of reimbursing the applicant for financing the construction of a street, water or sewer improvement within the reimbursement district. (Ord. 96-13; Ord. 94-10) 13.09.080 Notice of Adoption of Resolution The City shall notify all property owners within the district and the applicant of the adoption of a reimbursement district resolution. The notice shall include a copy of the resolution, the date it was adopted and a short explanation of when the property owner is obligated to pay the reimbursement fee and the amount of the fee. (Ord. 94-10) 13.09.090 Recording the Resolution The City Recorder shall cause notice of the formation and nature of the reimbursement district to be filed in the office of the County Recorder so 13-09-4 Rev. 04109196 TIGARD MUNICIPAL CODE as to provide notice to potential purchasers of property within the district. Said recording shall not create a lien. Failure to make such a recording shall not affect the legality of the resolution or the obligation to pay the reimbursement fee. (Ord. 94-10) 13.09.100 Contesting the Reimbursement District (4) Failure to provide the documentation required by this section shall result in the automatic lapse of any resolution adopted by the City Council pursuant to section 13.09.050. Following the final public hearing provided for herein, and subject to the limitations provided for herein, the City Council shall have the authority to approve, rescind, or modify the reimbursement district. (Ord 96-13) No legal action intended to contest the formation of the district or the reimbursement fee, including the amount of the charge designated for each parcel, shall be filed after 60 days following adoption of a resolution establishing a reimbursement district. (Ord. 94-10) 13.09.105 Final Public Hearing (1) Within three months after completion and acceptance of the improvements, the applicant shall submit to the City Engineer the actual cost of the improvements as evidenced by receipts, invoices or other similar documents. The City Engineer shall review the actual costs and shall prepare a written report for the City Council recommending revisions to the report prepared under 13.09.030. (2) The final cost shall not exceed by more than 10% the cost estimated at the time of reimbursement district formation unless an exception is approved by the City Council. An exception may be approved only if the applicant can show legitimate circumstances beyond the control of the applicant which cause the cost increase. (3) Within a reasonable time after the City Engineer has completed the report required in subsection (1), the City Council shall hold an informational public hearing in which any person shall be given the opportunity to comment on the recommended revisions. 13.09.110 Obligation to Pay Reimbursement Fee (1) The applicant for a permit related to property within any reimbursement district shall pay the City, in addition to any other applicable fees and charges, the reimbursement fee established by the Council, if within the time specified in the resolution establishing the district, the person applies for and receives approval from the City for any of the following activities: building; (a) A building permit for a new (b) Building permit(s) for any addition(s), modification(s), repair(s) or alteration(s) of a building, which exceed twenty- five percent (25%) of the value of the building within any 12-month period. The value of the building shall be the amount shown on the most current records of the County Department of Assessment and Taxation for the building's real market value. This paragraph shall not apply to repairs made necessary due to damage or destruction by fire or other natural disaster; (c) Any alteration, modification or change in the use of real property, which increases the number of parking spaces required under the Tigard Community Development code in effect at the time of permit application; (d) Connection to or use of a water improvement, if the reimbursement district is 13-09-5 Rev. 04109196 TIGARD MUNICIPAL CODE based on the water improvement; (e) Connection to or use of a sewer improvement, if the reimbursement district is based on the sewer improvement; (f) Connection to or use of a street improvement, if the reimbursement district is based on the street improvement. (2) The City's determination of who shall pay the reimbursement fee is final. Neither the City nor any officer or employee of the City shall be liable for payment of any reimbursement fee or portion thereof as a result of this determination. (3) A permit applicant whose property is subject to payment of a reimbursement fee receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this ordinance is intended to modify or limit the authority of the City to provide or require access management. (4) No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such payment was for a different type of improvement. No permit shall be issued for any of the activities listed in subsection 13.09.1 10(l) unless the reimbursement fee has been paid in full. Where approval is given as specified in subsection 13.09.110(1), but no permit is requested or issued, then the requirement to pay the reimbursement fee lapses if the underlying approval lapses. (5) The date when the right of reimbursement ends shall not extend beyond fifteen years from the district formation date. (Ord. 96-13; Ord. 94-10) 13.09.115 Annual Fee Adjustment The City Council may grant an annual fee adjustment at the time of application for formation of a reimbursement district as provided in this section. (1) An annual fee adjustment shall be applied to the reimbursement fee beginning on the first anniversary of the date of the reimbursement agreement as a return on the investment for the person or the City. The annual fee adjustment shall be fixed and computed against the reimbursement fee as simple interest and will not compound. The amount of the fee adjustment shall be determined at the time that a district is formed and shall be the same each year. (2) Each fiscal year, the Finance Director shall recommend to the City Council an interest rate to be used in determining the annual fee adjustment for reimbursement districts. The City Council shall consider the recommendation of the Finance Director and shall adopt an interest rate to be used in determining the annual fee adjustment. The interest rate adopted by the City Council shall be applied to all reimbursement districts formed during the fiscal year, for which annual fee adjustments are approved. (Ord. 96-13) 13.09.120 Administration (1) The right of reimbursement is assignable and transferable after written notice is delivered to the City, advising the City to whom future payments are to be made. (2) The City shall establish separate accounts for each reimbursement district. Upon receipt of a reimbursement fee, the City shall cause a record to be made of that property's payment and remit the fee to the person who requested establishment of the reimbursement district or their assignee. 13-09-6 Rev. 04109196 TIGARD MUNICIPAL CODE (3) The reimbursement fee is not intended to replace or limit, and is in addition to, any other existing fees or charges collected by the City. (Ord. 94-10) 13-09-7 Rev. 04109196 Attachment B Evolution of Chapter 13.09 Through Past Council Actions The City Council established the first two "zones of benefit" in 1992 through TMC Chapter 13.08, Street Sewer and Water Improvements. The zones were formed so the City could recover the costs of sewers constructed as part of improvements to SW McDonald Street and SW Bonita Road. Over the following two years, two additional zones of benefit were established through Chapter 13.08. Both of these districts w°re established at the request of a developer to recover the cost of constructing sewers for a development that could also serve lots outside the development owned by others. On May 10, 1994, Council approved Ordinance No. 94-10, repealing TMC Chapter 13.08, Street Sewer and Water Improvements and adding Chapter 13.09, Reimbursement Districts. Two reimbursement districts, both for privately constructed sewers, were established during that year. Council initiated the Neighborhood Sewer Extension Program on June 13, 1995, by authorizing the recovery of the costs of the sewer extensions through Reimbursement Districts established in accordance with TMC Chapter 13.09. Council revised TMC Chapter 13.09 on April 9, 1996, through Ordinance 96-13. Paragraph 13.09.020(1) now provides that if a Reimbursement District is formed for the benefit of a private developer, the "improvements must include improvements in addition to or in size greater than those, which would otherwise ordinarily be required in connection with an application for permit approval." For example: If an owner is required to extend a sewer for the approval of a minor land partition, the sewer could not be included in a reimbursement district. Consequently, if the sewer could serve lots owned by others, those owners would be able to connect to the sewer without reimbursing the owner of the partition who constructed the sewer. However, if that same owner extended the sewer without applying for a minor land partition, the sewer could be included in a reimbursement district and the other owners who connected to the sewer would have to reimburse the owner Since enactment of Ordinance 96-13, Council has approved the formation of twelve reimbursement districts. Each of these districts was established through either the Commercial Area or Neighborhood Sewer Extension Program. Although the ordinance retained provisions for the formation of other types of reimbursement districts, no other request to establish a reimbursement district has been received. The next anticipated request for Council action will be for direction on a plan to extend sewer service throughout the City through the Neighborhood Sewer Extension Program. Among other issues, Council will be requested to provide direction on incentives intended to encourage owners in reimbursement districts to promptly connect to the sewer once it is available. The selected incentives could be implemented through a resolution and need not be included in Chapter 13.09. 1:\Eng\Gus\Word Documents\Attachment B - Past Council Actions AGENDA ITEM # 1 _ FOR AGENDA OF 5-15-01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE CI'T'Y ATTORNEY RATE INCREASE REQUEST PREPARED BY: William A. Monahan DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council approve a rate increase proposed by the City Attorney, Ramis Crew Corrigan and Bachrach. STAFF RECOMMENDATION[ Staff recommends that the City Council approve the rate increase proposed by the City Attorney, effective July 1, 2001. INFO MATION SUMMARY The City Attorney contract signed in December 2000 did not propose a rate increase over those accepted by City Council in 1997. The contract provided that rates would be reviewed during the City's budget cycle. City Attorney Tim Ramis provided a letter on March 16, 2001, requesting a rate increase. Staff has analyzed the request and the potential impact on cost and service. Based upon that review, staff recommends approval of the increase. OTHER ALTERNATIVES CONSIDERED Deny the request. VISION TASK FORCE GDAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST 1. March 16, 2001, letter from Tim Ramis. 2. March 19, 2001, memo from Bill Monahan to Craig Prosser. 3. Memo to Council analyzing the request. I :UD.VYMV COUNCIL%COUNCIL AGENDA ITEM SLWMARIESNCITY ATTORNEY RATE INCREASE.DOC MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and ' Council Members FROM: Bill Monahan DATE: May 8, 2004. SUBJECT: City Attorney Request for Rate Increase Our City Attorneys have requested a rate increase for the coming year. The rates that are now in place were approved by the City Council in a Personal Services Contract signed on December 9, 1997, effective January 1, 1998. The rates now in place are: Partners, of Counsel $ 135.00 Senior Associates 125.00 Associates 115.00 Law Clerks, Legal Assistants 70.00 Secretarial 45.00 The History of City Attorney Rates Effective Effective Effective Effective 1981 1990 1994 1 /01 /98 Tim Ramis + Senior Partners $ 65.00 $ 75.00 $ 125.00* $ 135.00 Partners 65.00 75.00 110.00* 135.00 Special Counsel - 110.00* 125.00 Senior Associate 50.00 65.00 110.00* 125.00 Associates 50.00 65.00 90.00* 115.00 Law Clerks/Legal Assistants 30.00 55.00 65.00 70.00 Secretarial _u - a . F1 a n 45.00 nn *Attorneys at all hearings (City Councu, running Uumn usswi i) wci u ial u- as v, 1 Source: October 14, 1997, Analysis. Information presented to Council when the present rates were under consideration. Proposed New Ra tes Partners, of Counsel $ 150.00 Senior Associates 140.00 Associates 130.00 Law Clerks, Legal Assistants 75.00 Secretarial 50.00 In order that the Council can evaluate the impact of the rate increase on the amount of service to be received, or on the budget, staff has prepared an analysis of billings for a twelve-month period, January 2000 to January 2001. A copy of the analysis, prepared by our Finance Department based on bills paid, is attached. The analysis shows distribution of labor as follows: Hours Attorneys 1,434 Law Clerks, Legal Assistants 343 Secretarial 107.8 Misc. Expenses - - - TOTALS 1,884.8 The proposed budget contains $154,500 for City Attorney services, distributed throughout the various department budgets. Based upon the trends for City Attorney billings through March 31, 2001, we consider the proposed budget to be reasonable. While the fiscal year 2000-2001 budget was $252,298, a total of $171,000 is for general government (the remainder is for the Dartmouth LID ($12,753.) and 69th Avenue LID ($68,545.)) The following table shows the potential impact of a rate increase on the services to be delivered, based on the distribution of labor experienced from January 2000-2001. Attorneys Law Clerks, Legal Assistants Secretarial Misc. Expenses TOTALS % of Avg. Cost Cim Total Cost Per Hour $ 178,545.59 83.0 $ 124.50 23,960.50 11.1 70.00 4,599.00 2.1 45.00 8.232.13 3.8 $ 215,337.22 % of Allocation of Total Cost $154.500 83.0 128,235.00 11.1 17,149.50 2.1 3,244.50 M 5.8 1.00 100.0 $154,500.00 Based on Based on Existing Rates Proposed Rates Hours of Service Hours of Service 1,030 919* 245 229 72 65 1,347 1,213 'The average charge per hour under the old rates was $124.50, almost equal to the mid-level attorney rate, $125 for senior associates. Although not totally scientific, I assumed the average cost under the proposed rate would be $139.50, just below the senior associate rate. The net impact of the proposed rate increase is a reduction in hours of service (from 1,347 to 1,213) of approximately 134 total hours or 111 hours of attorney service. If the new rates are approved and the demand for service remains constant, I estimate that the budget needs to be increased from $154,500 to $169,946, slightly less than the general budget allocation for the present fiscal year. Calculation of Cost Based on New Rates Hours Eate -Q-Q2 Attorneys 1,030 X $139.50 $ 143,685 Law Clerks, Legal Assistants 245 X 70.00 17,150 Secretarial 72 X 45.00 3,240 Misc. Expenses 0 X - 5.871 TOTAL $ 169,946 Council should give direction whether a rate increase should be approved. acts MDWILLWEMOMFTY ATTORNEY RATE INCREASE.DOC Co U') OOOr 0(D 000 U) O C10 U) U) CM U) O O h U) 00 M @M O O W rq.4 P- t- O O W M N O r O r d O M r lf) (D Ln O ti N V; LL U) 1- tz O U) 00 00 M r- N CA r r r R O rOd O N OM O (OOON O M tip(p OO~t' 0) r MN O MO In 4 N N r n O ti CA C7i C:) O 00 Oi 4 co M M CA t- N co co N U) 00 1" co 00 O Cn CT U) r- r r et IT O N M N U) 00 a. r r cd P o) U) .1i vi In r r r N N 1• M M 117 N N-) t`Nrd rOC•Mrr00 It I'- ti N~t.mO r- m"wN"T O y N (D 00 r U) ti r C 00 00 L6 O (D ti (0 O 4 r 00 00 N (D C1 L to (D CA t` ti (D O O) r f• O) O to t- 00 't M M LD r r r O 00 r L t If) L ~ L Y .z C m U U ' C ~ E a) O J m m m E 0UY U O U) O to O r O (D N r N t (D d' W M O O 00 ti (n m N C) O N 14, ~t O (D rM W X U~ U) M O O D O O 4 , N N co Lo m o C) rn h ~ O O r; o) C O O v L6 ' CV) r . co 1 M U co d Z N O tl- O O co '7 d N U) O ti U) (M 1 1 0 m U7 U) T N co N N U r r N N M N 69 W U o U 611 W J V co i O O O O O O O O O to O O U) O O O In II') O O O W) O O 0 0 0 C) 0 0 C) 0 0 0 C) O U) O O O O O U) O O U) O O J O= vNv600 ' toO6ti Or t` rCD0t-rO)OOrt`r, M N co ti O h t- M w N ' CO O Ul) U CO CO -t N C)) r- OO N co ~ 00 r r U) N M M N N -or E9 611 Efl W J to r CC) N O O Cif d' 1- 0 0) co CD O r O N ti (O ct U) O CD ti 00 U m `~MMd'~ M (Dr Or(V rlf) `-oM(.6vi pr o j t,~ O r r = t- O O O O O O O O O O T = O O C)M 0 0 0 0 CDC), W •-O MLO 00ti(3)Or006 06 (ll t- N N D) M O t- r %r U) 't uq~ (D U7 ~ O (D - t` 00 C) co J~ p r 1 r r r 0 69 E!) 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O C) O O O p Op 0 0 0 0 C) (DC DC) o OpoO`-o CU C~ m Z U 0 O N O N O N Op N N N CV CV O O N N N N N O N N N N N O N D 04 CV 0: CD N - D CO N t0 r r N CO tD - CD - ( (O - O r r r 1 1 r 1 r r O Z 1 r 1 r r C C .D O L L T Cy (o m (A m p C_ _ r r CO) o. d .r U U C C = m a) U U o o a) a) m m a ' _ (o m - -5 LL LL22QQ~2 = _ -)-5~ Q(j(nooZZOO-)~ L L L ~ L L L L t L t C (f3 N O L r r lf) r r 7 N Za E9 O .C. O d) fm6 C~ L U aa))-rCa ca ~v(Dm°- E~ .0 Ca E CU O O E m (p c-- < I~ d E L L L .C t L L t L Q M. co LO LO M co t - to V).' 1 In 09, N r C tC6 E!9 m V) d ~ m N . E a 3 a) 0 0 ~j 0 o h U U U ~ cn U- l6 O C E N Ul-o(n~t~U LU Z w O a M 1;: ~J ~UU 7 MEMORANDUM CITY OF TIGARD, OREGON TO: Craig Prosser FROM: Bill Monaha DATE: March 19, 2061 SUBJECT: Proposed Increase in City Attorney Rates - Submitted by the Ramis Firm Attached is a letter submitted by Gary Firestone of the Ramis firm proposing an increase in City Attorney fees. As Gary properly points out, the personal services contract between the City and the firm provides that the rates shall be reviewed during the City's budget cycle. Please incorporate the proposed rate review in the materials which we will provide to the Council during the budget cycle. In addition, please have your staff prepare an analysis of the costs of City Attorney services in 1998, 1999, and 2000. The review should show the actual cost of attorney services as well as the number of hours of service received by the City in each of the distinct categories. There are five categories from Secretarial at $45 per hour to Partners, of Counsel at $135 per hour. Please note that the new proposal calls for a rate increase in each of the five categories. It would be interesting to see how the legal fees for either each of the three past years or the year 2000 were utilized by attorneys. That is, is it possible to prepare a chart showing the number of hours of service received from each individual attorney? If not by attorney, could we show it by the five categories (Secretarial to Partners). Assuming that the City continues to demand services at the same level and utilizing the same level of staff as in the past, please project what these proposed rates would mean in terms of total cost if approved by the Council. Please let me know if your have any questions regarding my request. Thank YOU for your assistance. att I WDMOBILLWEMOSXPROPOSED ATTORNEY RATE INCREASE DOC H RAMIS CREW CORRIGAN & ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland, Oregon 97209 (503) 222-4402 Fax: (503) 243-2944 JEFF H. BACHRACH JOHN C. CALDWELL CHARLES E. CORRIGAN' STEPHEN F. CREW HEIDI T. DECKER'.. MARTIN C. DOLAN WILLIAM E. GAAR' DAVID H. GRIGGS DANA L. KRAWCZUK SUE-DEL M~CULLOCH TODD W. O'BRIEN"" T. CHAD PLASTER' TIMOTHY V. RAMIS PAUL D. SCHULa WILLIAM J. STALNAKER NANCY S. TAUMAN NELSON L. WALKER DOMINIC G. COLLETTA" GARY FIRE STONE' JOHN R. M.CULLOCH, JR. OF COUNSEL SALEM OFFICE 21 Oaks Office Building 525 Glen Creek Rd.. NW Suite 300 Salem, Oregon 97304 (503) 363-9604 Fax: (503) 363-9626 OREGON CITY OFFICE Practicing as HIBBARD CALDWELL SCHULTZ RAMIS & CREW 1001 Molalla Ave., Suite 20C P.O. Box 1960 Oregon City, Oregon 97045 (503) 656-5200 Fax: (503) 656-0125 William A. Monahan City Manager City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223-8199 March 16, 2001 Re: Rates for Attorney Services Dear Bill: RECEIVED C.O.T. MAR 19 2001 Administrdon As you know, Tim Ramis is out of town. In his absence, he has asked me to inform you of the rate structure we propose for its legal work for the City of Tigard. The personal services contract between the City and this firm provides that the rates shall be reviewed during the City's budget cycle. The City is now in the budget cycle, and we propose that the rates be increased as follows: Current Rates Proposed Rates Partners, Of Counsel $135.00 $150.00 Senior Associates $125.00 $140.00 Associates $115.00 $130.00 Law Clerks, Legal Assistants $70.00 $75.00 Secretarial $45.00 $50.00 Most of the current rates have been in effect since 1997. During the period since 1997, the hourly rates charged by attorneys in the Portland area have risen substantially. We believe that our proposed increase, which is *A 1.... A,4m;-.t'rn Prarrire In Washineton "Also Admitted To Practice In California ***Also Admitted to Practice in Utah to Practice in New Jersey RAMIS CREW CORRIGAN & BACHRACH I i P - William A. Monahan March 16, 2001 Page 2 approximately three percent per year,' is reasonable and below the average increase in the cost of legal services since 1997. Our costs have risen substantially since 1997. The cost of employee benefits, utility services, supplies, and equipment all continue to rise. The increase in 1997 was also a relatively small increase ($10 to $15, depending on the category) over the rates that had been in effect since 1994. This is only our second request for an increase since 1994. The rates we propose remain a substantial discount off the regular rates we charge our clients. We appreciate the City as a good client and offer rates that are well below those paid by our private clients. If you have any questions or comments, please let me know. Sincerel , Gary firestone G:\gf f\Ti gard\ra1cs.wpd 'The rate of increase for each category is different. The partner/special counsel category rate increase is a little over 3 percent. r April 10, 2001 Attached for Council review... City Manager's Contract Code Provisions - City Manager (Charter and Chapter 2) TIGARD MUNICIPAL CODE Chapter IV COUNCIL the vote entered in the journal. Section 16. PROCEEDINGS TO BE PUBLIC. Section 13. MEETINGS. The Council shall hold a regular meeting at least once each month in the City at a time and at a place which it designates. It shall adopt rules for government of its members and proceedings. The Mayor upon his own motion may, or at the request of three members of the Council shall, by giving notice thereof to all members of the Council then in the City, call a special meeting of the Council. In the event of the physical absence of the Mayor from the City, the Council President shall be empowered to call special Council meetings in the same manner as the Mayor may call such. meetings. Special meetings of the Council may also be held at anytime by the common consent of all members of the Council or by the delivery of a request for a special meeting, signed by a majority of Council members, and delivered to the City Recorder and to remaining Council members and the Mayor, if they are then in the City. All meetings of the City Council shall conform to notice requirements consistent with state law. (Measure 53, November 5,1985 election: Measure 59, May 18,1982 election). Section 14. QUORUM. A majority of members of the council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in a manner provided by ordinance. Section 15. JOURNAL. The Council shall cause a journal of its proceedings to be kept. Upon the request of any of its members the ayes and nays upon any question before it shall be taken, and a record of No action by the council shall have legal effect unless the motion for the action by the council vote by which it is disposed of take place at proceedings open to the public. Section 17. MAYOR'S FUNCTIONS AT COUNCIL MEETINGS. The mayor shall be chair of the council and preside over its deliberations. The Mayor shall have a vote on all questions brought before the council. (Measure 3458, November 5, 1996 election, Res. 96-53). Section 18. PRESIDENT OF THE COUNCIL. At its first meeting of each odd numbered year, the council by ballot shall choose a president from its membership. In the mayor's absence from a council meeting the president shall perform the duties of the office of mayor and preside over it. Whenever the mayor is physically or mentally unable to perform the functions of office, the president shall act as the mayor pro tem. Should the president of the Council vacate the Council office he or she holds, the Council, by ballot, shall choose from its membership a person to act as president of the Council until the next president of the Council is chosen pursuant to this Section. (Measure 34-88, November 3, 1998 election, Res. 98-46; Measure 54, May 18, 1982 election). Section 19. VOTE REQUIRED. Except as this Charter otherwise provides, the concurrence of a majority of the members of the Council present and voting, when a quorum of the Council is present, at a Council meeting shall be necessary to decide any question before the Council. (Measure 54, November 5, 1985 election). C-3 SE/Code Update: 01/00 TIGARD MUNICIPAL CODE Chapter V POWERS AND DUTIES OF OFFICERS Section 20. MAYOR. The Mayor shall appoint the committees provided by the rules of the Council. The Mayor shall sign all approved records of proceedings of the Council and countersign all orders on the treasury. The Mayor shall have no veto power and shall authenticate by signature all ordinances passed by the Council after being enacted. After the Council approves a bond of a City Officer or a bond for a license. contract, or proposal, the Mayor shall authenticate the bond by endorsement thereon. (Measure 55, November 5, 1985 election). the council; (d) See that all terms of franchises, leases, contracts, permits, and privileges granted by the city are fulfilled; (e) Appoint, discipline and remove appointive personnel, except appointees of the mayor or council; (f) Supervise and control the managers appointees in their service to the city; (g) Organize and reorganize the departmental structure of city government; (h) Prepare and transmit to the council an annual city budget; Section 20A. CITY MANAGER (1) The city manager shall be the administrative head of the government of the city. The office of city manager shall be filled by appointment of the city council. The manager shall be the chief administrative officer of the city, and as such shall be chosen solely on the basis of administrative qualifications and experience, without regard to political considerations. Appointment and removal of the manager by the council shall require the prior consent of a majority of the full council recorded at a public meeting. The city manager shall serve at the pleasure of the council, and cause shall not be required for termination. (2) The manager shall: (a) Attend all council meetings unless excused by the council or mayor; (b) Keep the council advised of the affairs of the needs of the city; (c) See that the provisions of all ordinances are administered to the satisfaction of (i) Supervise city contracts; 0) Supervise operation of all city- owned public utilities and property; and (k) Perform other duties as the council prescribes consistently with this charter. (Measure 34-58, November 5,1996 election, Res. 96-53). Section 21. MUNICIPAL JUDGE. The municipal judge shall be the judicial officer of the City. The judge shall hold within the City a court known as the Municipal Court for the City of Tigard, Washington County, Oregon. The court shall be open for the transaction of judicial business at times specified by the municipal judge. All areas within the City shall be within the territorial jurisdiction of the court. The municipal judge shall exercise original and exclusive jurisdiction of all crimes and offenses defined and made punishable by ordinances of the City and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by ordinances of the City or as otherwise provided by state law. The judge shall have authority to issue process for the arrest of C4 SEICode Update: 01/00 TIGARD MUNICIPAL CODE Title . ADMINISTRATION AND PERSONNEL Chapters: 2.04 CITY ADMINISTRATOR 2.06 RESIDENCY REQUIREMENTS. 2.08 PLANNING COMMISSION. 2.09 BUILDING APPEALS BOARD 2.12 PARK AND RECREATION BOARD. 2.16 MUNICIPAL COURT. 2.20 JURY TRIAL*. 2.24 CRIMINAL PROCEDURE. 2.26 WITNESSES*. 2.28 POLICE RESERVE. 2.30 POLICE DEPARTMENT 2.32 JAIL*. 2.36 PUBLIC LIBRARY*. 2.40 NOMINATING PROCEDURE. 2.44 CITY COUNCIL*. 2.46 LOCAL CONTRACT REVIEW BOARD. 2.48 CITY RECORDS. 2.52 ABANDONED, FOUND, SEIZED AND STOLEN PROPERTY. 2.56 RECORDER. 2.58 FINANCE OFFICER. 2.60 CITY ATTORNEY. 2.64 CITY CENTER DEVELOPMENT AGENCY. Chapter 2.04. CITY ADMINISTRATOR 2.04.010 Office established. 2.04.020 Appointment and removal. 2.04.030 Salary. 2.04.040 Duties. 2.04.010 Office established. Pursuant to Chapter III of the Charter of the city of Tigard, there is established the office of city administrator of the city of Tigard, Oregon. (Ord. 65-29 §1,1965). 2.04.020 Appointment and removal. consent of the city council. The administrator shall be the chief administrative officer of the city, and as such shall be chosen solely on the basis of administrative qualifications and experience, without regard to political considerations. Appointment and removal of the city administrator by the mayor shall require the prior consent of a majority of the full council recorded at a public meeting. The city administrator shall serve at the pleasure of the mayor and the city council, and cause shall not be required for termination. (Ord. 86-11 §l, 1986: Ord. 84-06 §l, 1984: Ord. 65-29 §2,1965). 2.04.030 Salary. The compensation for the services of the city administrator shall be an amount fixed by action of the city council by resolution. (Ord. 65-29 §3,1965). 2.04.040 Duties. The city administrator shall: (1) Exercise control and supervision of aL activities, departments and offices of city government, except the office of municipal judge and the office of city attorney, and shall interview, select and recommend to the mayor and council all applicants proposed for appointment to city offices, and make recommendations to the mayor and council concerning the replacement of any city appointive officer, other than the mayor and councilmen, and shall have authority to appoint to and remove from established positions, subordinate employees of the city; provided, however, that department heads shall be appointed and removed after consultation with the mayor and council; and cause shall not be required for termination of department heads; (2) Be the chief budget and fiscal officer of the city and shall perform the functions of budget officer as prescribed by the Local Budget Law of Oregon (Chapter 294 ORS); The office of city administrator shall be filled by appointment by the mayor with the 2-04-1 Reformatted 1994 TIGARD MUNICIPAL CODE (3) Supervise the administration, and be responsible for the enforcement of all laws and ordinances in effect within the city; and shall administer and enforce the policies, rules, procedures and resolutions duly adopted by the mayor and council; shall make such recommendations to the mayor and council concerning the affairs of the city as the administrator may deem desirable; (4) Be the chief purchasing and business agent with respect to all departments of the city; (5) Prepare and submit to the mayor and council financial and activity reports with respect to each of the city departments, not less than monthly, and shall prepare and submit to the mayor and council such other reports as may be required or desirable concerning city affairs; (6) Make available to the public usual and customary information concerning the operations of the city government; (7) Perform such other and further duties as from time to time may be directed to be performed by resolution or motion of the city. council. (Ord. 86-11 §2, 1986; Ord. 85-05 §18,1985; Ord. 81-52 §l, 1981: Ord. 72-25 §l, 1972; Ord. 65- 29 §4,1965).0 2.042 Reformatted 1994 AN EMPLOYMENT AGREEMENT 6~ THIS EMPLOYMENT AGREEMENT, made and entered into this 10`h day of July, y and between the CITY OF TIGARD, OREGON, hereinafter referred to as "CITY," and WILLIAM A. MONAHAN, hereinafter referred to as "EMPLOYEE." WITNESSETH: WHEREAS, the CITY and EMPLOYEE desire a written agreement creating a professional and business-like relationship serving as a basis for effective communication and to avoid misunderstanding; and, WHEREAS, by not having to worry about personal finances or family security, the EMPLOYEE can effectively concentrate on the CITY'S business; THEREFORE, in consideration of mutual covenants herein contained and for consideration herein specified, the CITY and EMPLOYEE mutually agree: SECTION I - EMPLOYMENT, DUTIES AND AUTHORITY: The CITY has agreed to employ William A. Monahan as City Manager. The EMPLOYEE agreed to accept said employment as City Administrator initially on November 15, 1994. Prior to that date, EMPLOYEE provided services to the CITY from August 2, 1982 to January 31, 1988, and from August 1, 1994 to November 14, 1994. EMPLOYEE'S prior service shall be recognized in CITY records to establish EMPLOYEE'S years of service for length of service only. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE I The authority of EMPLOYEE, consistent with State law, City Charter or ordinance, shall include, but not be limited to the following: the overall management, administration, and direction of City operations; the hiring, disciplining, and firing of all City employees, except Municipal Judge and City Attorney; the negotiation, execution and administration of City contracts within budget appropriations pursuant to City policy and ordinance; policy advice to elected officials, and open communication with the community so as to foster responsive and courteous public service. Any reduction or revocation of either the duties or authority, except by mutual written agreement to the contrary, shall constitute a breach of this AGREEMENT. The Mayor and Council agree to the principle of non-interference in the administration as necessary to the orderly and efficient implementation of Council Policy. The Mayor and Council agree to direct their concerns and communications to the administration through the City Manager. The EMPLOYEE agrees to respond promptly to all inquiries from the Council whether made individually or collectively. SECTION 2 - TERM: The term of this AGREEMENT began on February 10, 1998 and shall continue until May 15, 2002. A. Nothing in the AGREEMENT shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, subject only to the provisions set forth in this AGREEMENT. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 2 B. Nothing in this AGREEMENT shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time from his position with the CITY, subject only to the provisions set forth in this AGREEMENT. C. EMPLOYEE agrees to remain in the exclusive employ of the CITY during the term of this AGREEMENT, neither to accept, nor to become employed by any other employer until said contract termination date, unless said termination is effected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching or consulting on the EMPLOYEE'S time off, which shall be at the EMPLOYEE'S discretion upon advisement to the Mayor. SECTION 3 - TERMINATION AND SEVERANCE: A. Termination Without Cause. This AGREEMENT may be terminated by either the CITY or EMPLOYEE for any reason whatsoever upon the giving of sixty (60) days' written notice to the other party. B. Termination For Cause. In the event of a For-Cause Termination, this AGREEMENT shall not be deemed to construe any waiver or rights or remedy available to the EMPLOYEE. This AGREEMENT may be terminated immediately For-Cause in the sole discretion of the City upon the occurrence of any of the following events: (1) EMPLOYEE willfully and continuously fails or refuses to comply with the policies, standards, and regulations of the CITY as are, from time to time, established; EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 3 (2) EMPLOYEE shall be guilty of fraud, dishonesty, misappropriation of funds, embezzlement, or other act of misconduct in the rendering of services on behalf of the CITY; (3) EMPLOYEE shall fail or refuse to perform faithfully or diligently any of the provisions of this AGREEMENT; (4) EMPLOYEE shall be found unfit for the position per Federal, State and City rules and regulations applicable to all employees in a For-Cause Termination. C. Not-For-Cause Termination. In the event EMPLOYEE is involuntarily terminated Not-for-Cause by the City Council before expiration of the term of employment and during such time as the EMPLOYEE is willing and able to perform the assigned duties, then in that event the CITY agrees to pay EMPLOYEE on a monthly basis and at the EMPLOYEE'S highest rate of base salary during his term of CITY employment, for a six (6) month period. Monthly severance payments by CITY shall cease if prior to or during the period of the above scheduled payments, EMPLOYEE accepts employment with another City, or another employer, including self-employment. EMPLOYEE has an affirmative obligation to notify the City upon acceptance of employment. However, if EMPLOYEE is terminated For-Cause per Section 3B of this AGREEMENT or convicted of any illegal act involving personal gain to him, then CITY shall have no obligation to pay the severance pay. D. If the CITY reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than an applicable across-the-board reduction for all management employees of the City, or if the CITY refuses following written notice requesting compliance with any other provision benefiting EMPLOYEE herein, or if EMPLOYEE resigns following suggestion at a EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 4 public meeting, whether formal or informal, by a majority of the City Council that he resign, then the EMPLOYEE may, at his option, deem the AGREEMENT to be involuntarily terminated without cause at the date of such reduction or refusal to comply with the meaning and context of this AGREEMENT, and the severance pay provision under Paragraph C of this section apply. Termination or resignation in good standing shall entitle EMPLOYEE to a lump sum payment equivalent to all accrued vacation and other entitlement benefits, except that in no event will these benefits exceed similar benefits accorded other management employees. E. If EMPLOYEE voluntarily resigns his position with the CITY before expiration of said term of employment, then EMPLOYEE shall give the CITY at -least sixty (60) days' written notice in advance, excluding use of accrued vacation, and EMPLOYEE shall be present to serve during the period. The City Council shall have the discretion whether EMPLOYEE shall continue in his position during this notice period. SECTION 4 - SALARY, HOURS OF WORK, VACATION AND SICK LEAVE: A. Saia. The CITY agrees to pay the EMPLOYEE for his services in an amount set by the City Council, payable in the same installments and in the same manner as other employees are paid. There may be performance evaluations as often as the Council deems appropriate and as provided in Section 7 of this AGREEMENT. There shall be a merit pay increase review annually during the month of April. The City Council may award a merit bonus, as it deems appropriate, with a cap of five (5) percent of EMPLOYEE'S gross wage over the term of this AGREEMENT. Effective May 15, 1999, EMPLOYEE shall be paid $8,217 per month. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 5 B. Cost-of-Living Adjustment: EMPLOYEE shall receive future cost-of-living allowances in the same percentage and on the same effective date as other City management employees, within the term of this AGREEMENT. C. Hours of Work: Because the EMPLOYEE will devote a great deal of time outside normal office hours to the business of the CITY and because flexibility in hours worked and work schedule benefit both the CITY and EMPLOYEE, the EMPLOYEE has sole discretion as to his work schedule and hours worked. D. Vacation: The CITY recognizes that EMPLOYEE had education and experience equivalent to ten (10) years' employment with the CITY at date of hire on November 15, 1994. EMPLOYEE shall accrue vacation at a rate consistent with City management vacation rates and be subject to the same accrual limits as other management employees, to be used as he deems appropriate. E. Sick Leave: EMPLOYEE shall be entitled to earn and accrue sick leave benefits on the same terms as other management City employees. In recognition of EMPLOYEE'S service to the CITY from August 2, 1982 to January 31, 1988, EMPLOYEE has received full credit for all unused sick leave credited to EMPLOYEE as of January 31, 1988. Said leave credit was restored to EMPLOYEE'S sick leave account upon verification of the amount by the Finance Department. Since CITY records of EMPLOYEE'S prior accrual were not located, EMPLOYEE was credited for two-thirds (2/3) of the maximum accrual that EMPLOYEE earned during this prior service to the CITY. EMPLOYEE shall not be eligible to receive any cash or retirement credit for unused sick leave, even if a benefit allowing the cashing out of unused sick leave, the application of unused sick leave to retirement benefit, or for any other purpose (other EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE6 than use of the benefit for approved leave) is made available to other management City employees. F. Management Leave: The personnel policies for management supervisory and confidential employees for the City provides for management leave. Section 4 of that policy provides for three (3) days per fiscal year for an employee with our four and one-half (4-1/2) years of experience with the City. EMPLOYEE shall receive the three (3) days provided by that policy, plus an additional two (2) days for a total of five (5) days management leave per fiscal year. The management leave must be taken by June 30 of each fiscal year and may not accrue into subsequent fiscal years. - G. Payroll Reporting: EMPLOYEE shall be on straight salary as per this section of the AGREEMENT and shall be paid automatically by the CITY as per this AGREEMENT. Any vacation or sick leave used shall be reported to the CITY in the same manner as for other CITY employees. SECTION 5 - RETIREMENT, DISABILITY AND HEALTH INSURANCE: A. Retirement: The CITY agrees to contribute into the CITY'S retirement program, on EMPLOYEE'S behalf, an amount equal to that same percentage of salary contributed for the CITY'S other management employees. EMPLOYEE and CITY agree that any future adjustment to the retirement benefits of management personnel will apply equally to EMPLOYEE at the same rate of adjustment, effective date, and adjustment to salary. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 7 B. Health Insurance: The CITY agrees to provide a comprehensive annual physical for EMPLOYEE. The CITY agrees to continue to provide coverage and make full premium payment for EMPLOYEE and his dependants for comprehensive medical Blue Cross Plan II and dental plans equivalent to other programs provided other regular management employees. C. Life Insurance: CITY will offer to purchase a Life Insurance Policy, the cost of which shall not exceed $1,000 per year, on EMPLOYEE'S behalf, for beneficiary to be named by EMPLOYEE. EMPLOYEE has the right to retain such policy at EMPLOYEE'S expense, subsequent to tenure as a CITY employee. EMPLOYEE shall have the option of purchasing Term or Universal Life Insurance. EMPLOYEE may either have the CITY pay the policy provider directly or compensate EMPLOYEE for the cost of EMPLOYEE purchasing the Life Insurance Policy. SECTION 6 - PROFESSIONAL DEVELOPMENT AND EXPENSES: A. The CITY encourages the professional growth and development of the EMPLOYEE and encourages participation as he deems appropriate in professional associations, short courses, seminars and conferences including, but not limited to: the International City Management Association and the American Planning Association and their annual conferences, and the League of Oregon Cities Conference. The CITY shall permit a reasonable amount of time for EMPLOYEE to attend and the CITY shall pay for the direct costs necessary for travel, subsistence and registration subject to reasonable availability of funds and as approved in the annual budget. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE8 B. The CITY shall provide $300 per month vehicle allowance to EMPLOYEE who shall provide his own vehicle, insurance, operation, and maintenance. EMPLOYEE shall provide for oil and gasoline within the Portland metro area. CITY shall reimburse for gasoline expenses on City business outside the Portland Metro area. C. The CITY recognizes that certain expenses of a job-affiliated nature are incurred by EMPLOYEE on behalf of the CITY and hereby agrees to reimburse or pay said general expenses on a monthly reimbursement basis, and the CITY shall disburse such moneys per receipts or personal affidavits. Any civic service club memberships taken out at CITY expense shall be upon the approval of the Mayor. SECTION 7 - ANNUAL GOAL-SETTING AND PERFORMANCE EVALUATION: The Mayor and individual members of the Council shall be encouraged to periodically identify their concerns to the EMPLOYEE by either informal discussions with the EMPLOYEE or by more formal means during Council meetings. The Council shall meet with the EMPLOYEE at least annually for the purpose of setting Council goals and priorities. The Council and the EMPLOYEE shall meet at least annually to evaluate and assess the performance of the EMPLOYEE in meeting or progressing towards the goals formally adopted by Council as well as the exercise of authority granted in Section 1 of this AGREEMENT. These annual evaluations shall be in closed Executive Sessions and shall be conducted during the month of April. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE9 In the event the CITY determines that the performance of the EMPLOYEE is unsatisfactory in any respect or needs significant improvement in any area, the CITY shall describe these concerns in writing and in reasonable detail or with specific examples so as to be objective and positive in nature. As provided in Section 4 of this AGREEMENT, the EMPLOYEE'S salary shall be reviewed at least annually after the performance evaluation. SECTION 8 - GENERAL PROVISIONS: A. Professional Liability: The CITY agrees to defend, hold harmless, and indemnify the EMPLOYEE from any and all demands, claims, suits, actions, and legal proceedings brought against EMPLOYEE in his individual capacity, or in his official capacity as agent and EMPLOYEE of the CITY, if EMPLOYEE was acting within the scope of his employment. The CITY agrees to pay premiums on appropriate insurance policies through the CITY'S normal insurance program and through the Public Officials' Liability Insurance Program of the International City Management Association. B. Other Terms and Conditions of employment may be determined by the CITY relating to the duties and performance of the EMPLOYEE, provided that such terms and conditions are not inconsistent with the provisions of this AGREEMENT, the City Charter, or any other law. EMPLOYEE shall receive benefits equal to those provided to other City Management employees, except where specifically addressed in this AGREEMENT. Nothing shall restrict the ability of the CITY and EMPLOYEE to mutually, and in writing, amend or adjust the terms of the AGREEMENT. EMPLOYEE reserves the right to discuss the terms or termination of this AGREEMENT with the Council as a whole or in either closed Executive Session or open Regular Session as State Law allows and as the EMPLOYEE deems appropriate. EMPLOYMENT AGREEMENT- WILLIAM MONAHAN PAGE 10 C. Except as otherwise specifically provided by this AGREEMENT,. the EMPLOYEE shall be entitled to receive the same salary, compensation, vacation, sick leave, and other benefits as accorded any other management City employee, including provisions governing accrual and payment therefor on termination of employment. All provisions of the City Charter and other City programs relating to employee benefits and working conditions as they now exist, or as amended, shall also apply to the EMPLOYEE as to other unclassified employees, and are in addition to any benefits to the EMPLOYEE specifically identified in this AGREEMENT. D. The EMPLOYEE is required to maintain residence in the City in accordance with City Code requirements. Temporary relocation circumstances may be approved by the Mayor and Council consent. E. The text herein shall constitute the entire AGREEMENT between the parties and any oral or other understandings are not binding upon the parties, unless specifically amended in writing by mutual agreement. This AGREEMENT shall be binding and inure to the benefit of the heirs at law and executors of EMPLOYEE. F. Severability: If any provision, or portion . thereof, contained in this AGREEMENT is held to be unconstitutional, invalid or unenforceable, the remainder of this AGREEMENT, or portion thereof, shall be deemed severable and shall not be affected, and shall remain in full force and effect. EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE I I IN WITNESS WHEREOF, the CITY OF TIGARD, OREGON has caused this AGREEMENT to be signed and executed and the EMPLOYEE has signed and executed this AGREEMENT, both in duplicate, the day and year first written above. Mayor - City o gard , William A. Monahan, City Employee pallkju- n-e 6 yalw ATTEST: City Recorde R VEDAS TO FORM iry,p tomey - 0ADM BILUEMPAGREE1.DOC EMPLOYMENT AGREEMENT - WILLIAM MONAHAN PAGE 12 5{J M pro. A" ,.I%.Fyee verformance Appraisal Supervisory EMPLOYEE DATA: NAME: DATE: CLASSIFICATION TITLE: DEPARTMENT: REVIEW PERIOD: FROM TO EMPLOYEE SIGNATURE: DATE: The content of this review has been discussed with me. My signature indicates knowledge and understanding of the contents of the appraisal and does not necessarily imply agreement. EVALUATOR SIGNATURE: DEPARTMENT DIRECTOR: H.R. APPROVAL: CITY MANAGER: DATE: DA TE. DATE: DATE: -1- Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Organization and Planning Rating SELECT RATING: 3 - S8 1. Establishes clear objectives and measures for self and others . 2. Monitors process, progress and results appropriately -31 3. Effectively organizes employees, materials and support to get things done 4. Establishes both short and long term plans and goals to meet future needs 5. Shows foresight in recognizing problems in areas of responsibility .3 6. Foresees changes and trends relevant to area of responsibility 7. Adheres to schedules and plans 3 -1 1 8. Is able to establish priorities and organize accordingly 9. Keeps appropriate manager advised of status of projects and work assignments 10. Comprehensive work plans are development and followed 3 11. Contingencies are anticipated and alternate plans are in place when contingencies arise 3 12. Demonstrates effective problem solving skills 3 3 13. Current work plan is tied into future years 3 , 3 14. Allocates and/or adjusts resources in response to workload and priority changes Additional comments/performance standards: 3. aO i n , 4 -4. Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Administration Rating SELECT !RATING. 3,3 3 1. Maintains controls over areas of responsibility 3.(0 2. Clearly defines responsibilities and authority limits to employees Z , .3 3. Delegates authority and responsibility appropriately 4. Displays knowledge and expertise of sound management practices 5. Anticipates major challenges, issues and projects 6. Understands role and responsibilities 3 7. Provides information or help to supervisor when needed 8. Presents well considered alternatives when making recommendations 9. Carries out in depth analyses of department/division/unit performance 3. 10. Makes decisions in timely manner that demonstrate good judgement and common sense 3 11. Notifies all affected parties prior, to implementing decisions Z 12. Generates ideas and creative solutions 13. Exhibits effective and timely decision making skills 14. Follows up on problems and decisions 3 15. Executes directions and plans received from supervisor independent of personal likes/dislikes 16. Accepts criticism and feedback with minimum defensiveness ~.j 17. Ensures work is conducted in accordance with established laws and regulations 3 - 18. Promotes effective security practices and occupational safety and health in the work environment Additional comments/performance standards: 3. 2 . -~o Aa1:6c Tf- rvLoR/e' ktS -5- Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Rating Employee Relationships / Development SELECT RATING: 3 5 2 -if 6 3.3(.1 Additional cornments/performance standards: Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Communication Skills Rating SELECT RATING: 3 - 3 8 1. Has effective working relationships with Council, City Manager, and other 3.1a executives 3 2. Effectively communicates up, down and across departmental lines M 3. Communicates ideas persuasively 4. Shows appropriate assertiveness in expressing and advocating points of view 5. Gains support and commitment from others 3 6. Negotiates effectively 7. Listens to what others have to say; seeks out appropriate information from others 8. Prepares well written materials that are logical, professional, organized and 3, to properly supported 9. Makes verbal presentations on matters of responsibility effectively to varied audiences 3 10. Able to see other's viewpoints 3.3 t Additional comments/performance standards: -7- Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Rating Leadership SELECT RATING: 3-:5?- 7f Ic- iW Z 2-,-3 3, (a -3, to 3 -3,3 3,3 313 -3,,(~, 21. Actively supports the Citv's mission aid\ '3, 20 Additional comments1performance standards: 1. Promotes respect, honesty, integrity and fairness to all 2. Clearly conveys goals and expectations to others 3. Steps forward to confront difficult issues 4. Takes ris s 5. Encourages others to take risks 6. Supports the decisions of others when appropriate 7. : : ; ~ ionable plans & direction Translates the City'~si,li''d'i2!pl'ai,ti,i''iei,it::s olision in -i ac"t 8. Is highly ethical and professional 9. Is an effective team member 10. Models collaboration 11. Demonstrates assertive initiative in perceiving and dealing with problems '-i2. -Sets an example for others 13. Demonstrates the initiative to learn and accept new challenges 14. Prom )tes diversity efforts, awareness and appropriate conduct 15. Has effective working relationships with community groups and leaders 16. Is effective is motivating others and fi -m in handling problems 17. Initiates changes when necessary and manage them effectively 18. Takes action quickly to correct or prevent problems 19. Helps remove barriers to excellent customer service 20 Promotes a positive outlook al jes Y\ 'e~ Z~ ~0 ~ a-~- C- , -,*'1-3' -8- Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Financial Rating SELECT RATING: 3,59 I . Controls operating costs by effectively utilizing staff, materials and equipment 2. Carefully monitors expenditures 3. Adheres to financial plan 4. Makes sound decisions that consider cost/benefit 5. Accurately estimates expense/revenue levels, capital budgets, and other factors 6. Shows innovation in reducing expenses Additional comments lpetformance standards: -9- Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Supervision Rating SELECT RATING: -5. /(P -;~r 1. Effectively delegates then supervises performance 2. Is able to effectively and appropriately schedule work assignments of subordinates 3, 3 3. Takes action to monitor and increase effectiveness of delegated assignments 4. Monitors and follows through on personnel issues; takes appropriate action that is also prompt and without delay 5. Thoroughly documents issues appropriate to the matter 6. Is consistent in the administration of City/department policies, rules and procedures 7. Complies, understands and can effectively administer the City's/department personnel policies, labor contracts, and procedures 'j,'5 8. Handles disciplinary measures in an appropriate manner LP 9. Understands his/her role as a supervisor/manager/director 3. Z. Additional comments1perfortnance standards: Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Rating Job Knowledge SELECT RATING: 1. Properly applies skills and knowledge of the techniques, procedures, products and materials to perform quality work (e 2. Understands and performs all aspects of the job 3. Completes assignments in a thorough and accurate manner 4. Follows department policies and procedures 5. Integrates new subject matter into existing operations 6. Seeks additional job knowledge and skills and applies such to the overall 3 improvement of the department/work unit. Has the abilityand versatility to manage most circumstances 7 3'('0 . S, 8. Identifies and corrects problems 44 9. Paperwork is complete, correct and timely "I . 5.k Additional comments1performance standards: -11 -