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City Council Packet - 04/23/2002 OF 71GARD OREGON TI AD CITY COUNCIL MEETING APRIL 23, 2002 COUNCIL MEETING ILL E TELEVISED H:Veam1e%dccs%cCp1d3 • 13125 SW Nall Blvd„ 11gard, OR 97223 (503) 639-4171 TDD (503) 684-2772 min `x _ F ~`x ~-r~ v- yOFT{GARD ~_:ck~ f~~s~,y'~A+CtR„r F1Ri3~c9fsb C'T1 n ~yY yw~ , _7 Y d. :~f b .J.P r w r ~Z* OREGON !Y t 5 9'kp~~ xir0a•~,P~rf ~fM1 Yl 4 r 14 4. A k r tC+ b 4F~(A rat. t ~~Q~. a!r 9i i~ ~(s~ CITaf° (Ay~ t7p 1 T.l'4iA1; ~.f ~ t 1 f . Y HAIL 81,~ID ~r 1 ~~12~$ fT rs6 , , r PUBLIC NOTICE: on the appropriate sign-up sheet(s). Anyone wishing to speak recognized by the Mayor at the beginning of that agenda if no sheet is available, ask to an be agenda item should sign Longer matters can be set item. Visitor's Agenda items are asked to be two minutes or less. o for a future Agenda by contacting either the Mayor or the City Manager. resent testify n are esti___ ?tea% it is recommended that persons . Au_s ness aeenda itemsl can be heard Times no in sheet. sig by 7:15 p.m. to sign on the testimony sign in any-after 7 p Devices are available for persons with impaired Counci hearing and should uld b se scheduled Listening scheduled for Council meetings by noon on the Monday prior to the l call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). U on request, the City will also endeavor to arrange for the following services: p lified sign language interpreters for persons with speech or hearing impairmen ; ® Qua . and ® Qualified bilingual interpreters. is important Since these services must be scheduled with outside service providers, urneed i by 5:00 p.m t oallow of yo . the as much lead time as possible. Please ~ 503 b~39 4 71, x309 (voice) or 503-684- Thursday preceding the meeting by calling: 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA page 1 COUNCIL AGENDA - April 23, 2002 AGENDA TIGARD CITY COUNCIL MEETING April 23, 2002 6:30 PM ® STUDY SESSION > UPDATE ON RANDALL GRANT PROGRAM > UPDATE ON WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICE (WCCLS) PROPOSED LOCAL OPTION LEVY > CITY MANAGER'S PERFORMANCE REVIEW (Scheduled to take place after the Business Meeting concludes.) 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 statute. 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. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council at Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. PROCLAMATION i 2.1 NATIONAL POLICE WEEK 8t NATIONAL POLICE MEMORIAL DAY 2.2 BE KIND TO ANIMALS WEEK A Mayor Griffith i 7:40 PM 3. VISITOR'S AGENDA (Two Minutes or Less, Please) COUNCIL AGENDA April 23, 2002 page 2 7:45 PM 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve City Council Minutes: February 19, 26, March 12, 2002 4.2 Receive at File: a. Council Goal Update - First Quarter 2002 b. Annual Solid Waste Financial Report Findings 4.3 Renew Intergovernmental Agreement for Access to the Portland Police Data System and Authorize Mayor Griffith to Sign the Agreement 4.4 Approve an Intergovernmental Agreement with the Watermaster of District 18 to Perform Flow Monitoring of Summer Creek at the Summerlake Area 4.5 Authorize the Issuance of a Bond Anticipation Note to Provide Interim Financing for the Dartmouth Street Improvement District - Resolution No. 02-29 4.6 Local Contract Review Board: a. Award Contract for the Construction of Errol Street at Fonner Street Sanitary Reimbursement District No. 21 to Dunn Construction, Inc. b. Award Contract for the Construction of Howard Drive Sanitary Sewer Reimbursement District No. 22 to Dunn Construction, Inc. • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:50 PM 5. UPDATE FROM THE NEW TIGARD LIBRARY CONSTRUCTION COMMITTEE (NTLCC) • Staff Report a Introduction: Library Staff • Update from NTLCC Members 7:55 PM 6. REPORT ON POLICE ACCREDITATION ® Staff Report: Police Staff 8:10 PM 7. UPDATE ON PORTLAND GENERAL ELECTRIC (PGE) AUDIT AND FUTURE UTILITY AUDITS • Staff Report: Finance Staff COUNCIL AGENDA - April 23, 2002 page 3 8. UPDATE ON FISCAL YEAR 2002/03 BUDGET PROCESS O Staff Report: Finance Staff 9. REPORT ON TIGARD'S DESIGNATION AS A "TREE CITY USA" AND REVIEW OF ACTIVITIES SCHEDULED FOR ARBOR DAY ON APRIL 26, 2002 • Staff Report: Public Works Staff Mayor Griffith: Arbor Day Proclamation 10. CONSIDER AN INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE TUALATIN BASIN NATURAL RESOURCES COORDINATING COMMITTEE • Staff Report: Community Development Staff • Staff Recommendation • Council Consideration: Motion to enter into an intergovernmental agreement with other Washington County jurisdictions and special districts to jointly develop a protection program for Metro-identi#ied natural resource sites located with Washington County and authorize the Mayor to sign the agreement. 11. UPDATE TO COUNCIL ON THE BUTTERFLY GARDEN AT COOK PARK • Staff Report: Public Works Staff 12. COUNCIL LIAISON REPORTS 13. NON AGENDA ITEMS > STUDY SESSION CONTINUED - CITY MANAGER'S REVIEW ® Mayor 8T City Council 14. 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 statute. 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. 1 S. ADJOURNMENT 1:%DM\CATHY\CCA\020423.D0C COUNCIL AGENDA - April 23, 2002 page 4 M MIM0013mi 1< AGENDA TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW APRIL 23, 2®®2 The Study Session Is held in the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages Interested dtlzens to attend a!1 or part of the meeting: if the number of attendees exceeds. the capacity of the Conference Room, the Councl may move the Study Session to the Town Hail. • Study Session Update on Randall Grant Program - Update on Washington County Cooperative Library Service (WCCLS) Proposed Local Option Levy City Manager's Performance Review (Scheduled to take place after the Business Meeting concludes) • Administrative Items City Attornby tonight will be Steve Crew Sorg Rhododendron Garden Dedication - Wednesday, May 8 at noon (memo from Steve Martin) - Shining Stars Banquet - Friday, April 26, Greenwood Inn, Festivities begin at 6 with seating for dinner at 7:15 p.m. (information from Liz regarding City's contributions to the auction) - Arbor Day Celebration on Friday, April 26, 1-2 p.m. - Templeton Elementary School, 9500 SW Murdock - Budget Committee Meetings May 6 - Tigard Water Building - 6:30 p.m. May 13 - Tigard Water Building - 6:30 p.m. May 20 - Tigard Water Building - 6:30 p.m. May 29 - Red Rock Creek Conference Room - 6:30 p.m. Chronology for Tigard Candidate Elections - November 02 - Senn Property Update Police Memorial Service - Friday, May 17, 10 a.m., in the Water Building - Distribute letter from Tualatin Riverkeepers regarding Wall Street Extension Letter and response to Sherry Elsenbach, regarding "hazard tree at SW 11 r Place 81 S.W. Butt Mountain Road 1:\ADM\CATHY\COUNCIL\CCLIST\020402.DOCI:\ADM\CATHY\COUNCIL\CCLIST\020423.DOC 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 (1) (a) - Employment of public officers, employees and agents, if the body has satisfied certain prerequisites. , 192.660(l) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.6600) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (1) (d) - Labor negotiations. (News media can be excluded In this instance.) 192.660(l) (e) - Real property transaction negotiations. 192.660(l) (f) - Exempt public records - to consider records that are "exempt by law from pufflic inspection." These records are specifically identified In the Oregon Revised Statutes. 192-660 (1) (g) - Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (1) (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) (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 off cer, 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 (1) - 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 (1) (k)- Relates to health professional regulatory board. 1: W DM%CATHYkCOUNCI L%CCLISTW20402.DOCI:%DNCATHYiCOUNCI LICCLI ST W 20423.DOC ti:ath ~YVheaUe - So Rhododendron Garden Pa e 1 From: Steve Martin To: Bill Monahan Date: 4/22/02 9:27AM Subject: Sorg Rhododendron Garden Bill, The dedication of the Sorg Rhododendron garden is tentatively set for Wednesday, May 8, at 12:00 noon. We would like to have the dedication that week because Jeff Sorg's mother can attend (and hopefully some of the rhodys will be in bloom). The small ceremony should last no longer than a half hour and will be held at Summedake Park in front of the newly installed commemorative plaque. Dan Plaza will be the Master of Ceremonies to handle the introductions. We will have someone from the city (hopefully the mayor and/or yourself depending on who can attend) and also Jeff Sorg speak. Invited will be the Sorg family, the PW managers, Ed Wegner, Jeff Munroe, and the parks crew. Invited from the city will be the Mayor and City Council, Bill Monahan, the Exec. staff, and Susan Koepping.. There should also be some type of press recognition for the event (I will have to talk to Liz about that aspect). Thank you. Steve Martin City of Tigard Parks Supervisor 503-639-4171 ext. 398 steve@ci.tigard.or.us CC: Daniel Plaza; Ed Wegner F' Tigard Chamber of Commerce k° "Shining Stars" Auction Items April 26, 2002 • Hot Air Balloon Ride (Press Day only) is • e Vactor or TV Truck d Create a package of business products that the City of Tigard will'take to { Sagnarinda, Indonesia Trade Office s o rBasket of City of Tigard "stuff" (pens, clock, authographed book, frisbees, pencils, Post-it notes, mugs, key chain, memo pad, memo holder, etc.) o Chance to be McGruff the Crime Dog Fq Self-defense for Women Registration Certificate ~ rr o, Balloon Festival VIP Parking Pass O . Tour of Washington County Jail Election Timeline Candidates for City of Tigard November 2002 June 5, 2002, 8 a.m. Prospective petition and required filing forms can be filed with the City Recorder on or after June 5 (ORS 221.180). August 5, 2002, 5 p.m. Completed petitions for Mayor's position must be filed. August 26, 2002, 4 p.m. Completed petitions for Council positions must be filed. September 5, 2002, 5 p.m. Roster of candidates for Tigard election is due to the County. September 9, 2002, 5 p.m. Voter's pamphlet material for candidates due to County Elections Office. November 5, 2002 Election Day November 25, 2002 Certified results of election are due from County Elections Office January 2003 Oaths of Office administered to newly elected officials (usually at the first meeting of the year, which is now scheduled for January 14, 2003) 1:\ADM\CATHY\ELECTION\2002CAN\ELECTION TIMELINE.DOC TUALATIN RRverkeepers 16507 SW Roy Rogers Rd. Sherwood, OR 97140 (503) S90-5813 o fax: (503) S90-6702 • www.tualatinriverkeepers.org email: info@tualatinriverkeepers.org RECEIVED G.O.T. April 23, 2002 APR 2 3 2002 Mayor Jim Griffith Tigard City Council Administration 13125 SW Hall Blvd Tigard, OR 97123 RE: Wall Street Extension LID Dear Mayor Griffith and City Council, The Tualatin Riverkeepers are a citizen-based organization working to protect and restore the Tualatin River system. We currently have over 600 members, with a large portion of them living in the City of Tigard. We have partnered with the City of Tigard often on projects including the Cook Park Master Plan, A Paddler's Guide to the Lower Tualatin River, and various clean-up and restoration projects. We have a particular interest in preservation of natural habitat in the Tualatin basin. In Tigard, much of the best remaining habitat is on Fanno Creek and its tributaries. In our recently published book, Exploring the Tualatin River Basin: A Nature and Recreation Guide, we have devoted two whole chapters to greenspaces in the Fanno Creek drainage. This book represents the efforts of 70 volunteers contributing more than 10,000 volunteer hours. Fanno Creek, as most urban streams, has been heavily impacted by land development. But tremendous community efforts have gone into protecting the remaining natural functions of the creek and restoring the creek to health. Clean Water Services has made a heavy investment in watershed planning and restoring natural meanders to the creek. The Metro Greenspaces program and the City of Tigard have made significant investments in acquiring land for the Fanno Creek Greenway Trail. Susan Koepping, The City of Tigard's Volunteer Coordinator has been tremendously effective in recruiting volunteers for restoration projects on Fanno Creek and its tributaries. The restoration efforts of students at Fowler Middle School on Summer Creek at its confluence with Fanno Creek were honored with a visit from Governor Kitzhaber a few years ago. For many years, the Fans of Fanno Creek have rallied hundreds of volunteers to participate in tree planting projects to restore the riparian zone along the creek. At one event sponsored by the Fans, '800 volunteers showed up to plant trees. The community's commitment to the protection and restoration of Fanno Creek is deep and clear. 04/23/02 TRK to Tigard City Council 1 The Tualatin Riverkeepers is a community-based organization working to protect and restore Oregon's Tualatin River system. The Tualatin Riverkeepers builds watershed stewardship through public education, access to nature, citizen involvement and advocacy. There is good reason for this commitment. Recently, the Fans of Fanno Creek found several colonies of Oregon Floater Clams, a once common species that is sensitive to water quality problems. The creek still supports a small breeding population of native cutthroat trout, a candidate for listing under the Federal Endangered Species Act. Fanno Creek and its tributaries have been identified by the National Marine Fisheries Service as critical habitat for the threatened Upper Willamette Steelhead Trout. Several state-listed sensitive species are found on Fanno Creek, in its wetlands and riparian zone, including Western Pond Turtle (critical), Western Painted Turtle (critical), Red-legged Frog, Pileated Woodpecker, and Willow Flycatcher. In addition, dozens of wildlife species that are not on state or federal lists provide Tigard citizens with access to wildlife that is a very important component of the quality of life in our city. The Portland has buried dozens of its streams in pipes under its streets. The name sake river of the City of Los Angeles has been lined with concrete. In comparison to most other cities, Tigard has a very special resource in the wildlife and habitat associated with Fanno Creek. With these special resources in mind, the Tualatin Riverkeepers strongly protest the City's decision to pursue a j ocal Improvement District to extend Nall Street over Fanno Creek. The stretch of Fanno Creek that would be impacted is one of the last best stretches of contiguous habitat left in the City. The Pacific Northwest Research Project has documented the presence of Western Pond Turtles on this stretch of the creek. As I mentioned before, this species is on the critical list for the State of Oregon. The April 1996 Background Review for'the Fanno Creek Watershed Plan described this stretch of Fanno Creek: This is a hydrologically healthy stretch of Fanno, the channel meanders naturally and is not severely incised. High flow channels are evident and the stream is well connected to its flood plain: The area is fairly well vegetated with oak willow, hawthorn, alder, grasses, herbaceous weeds and blackberry. The location is suitable and lends itself to*being maintained as a natural greenway for passive recreation and flood control/high water absorption. Clean Water Services has invested millions of dollars in restoring the stretch of the creek through Englewood Park to these conditions. The effort involved hundreds of volunteers. Extending Wall Street over Fanno Creek would severely impact these desirable conditions in the Hall to Bonita stretch. In the past when the Tualatin Riverkeepers have raised concerns about the impact of project on habitats in the City of Tigard, we have heard the response from both staff and council members that the city will mitigate the for the damage done. We feel the "destroy then mitigate" scenario is not appropriate here for severaireasons: 1. The Clean Water Act requires the City to pursue all practicable upland alternatives to impacting wetlands. The Tigard Transportation System Plan (TSP) clearly 04/23/02 TRK to Tigard City Council 2 identifies preferable alternatives for achieving the traffic circulation benefits identified in the Preliminary Evaluation Report for the Wall Street LID. Some of these alternatives would have positive ecological impact on Fanno Creek and should be pursued with great vigor. 2. No amount of tree planting can protect Western Pond Turtles, Red-legged Frogs, and Painted Turtles from being flattened by an automobile. Siting a road through known habitat of sensitive species is never appropriate, particularly when viable alternatives are available. 3. Mitigation for wetland impact fails to adequately replace lost wetland values. In foreword of the September 1999 edition of WETLANDS, the journal of the Society of Wetland Scientists, Mary E. Kentula and Teresa K. Magee state, based on their study of mitigation projects in the Portland area: Our results indicate that urbanization and mitigation practices are major stressors that are changing the structure and ecological character of wetland resources in the Portland metropolitan area. In the same issue, Paul W. Shaffer and Ted L. Ernst report: The ecological success of projects has been problematic, however, as poor design and/or implementation have often resulted in wetlands with limited function or in complete failure. In general, the use of projects to offset wetland losses remains an unproven concept, as full replacement of ecological functions has not been demonstrated. The Fanno Creek Watershed Plan (Table 16, page 50) states that this stretch of Fanno Creek "Needs protection from development." In the list of Bridge and Culvert Replacement of Projects (Table 8, page 94) the plan states that replacing the bridge at Hall Blvd with a longer, higher bridge as a high priority project. This project has the benefits of accommodating high flows (currently the creek flows over Hall Blvd at flood stage), providing for passage of wildlife, and accommodating pedestrian passage on the Fanno Creek Greenway Trail. If this bridge replacement occurs with the upgrade of Hall Blvd identified in the regional transportation plan, it would also improve traffic flow to the functional level used in the preliminary LID report to justify the Wall Street extension. Clearly this is a far better alternative than the Wall Street extension in that it solves traffic problems and environmental problems and pedestrian safety problems, and while not destroying habitat for sensitive species. Tigard's own Transportation System Plan recommends better alternatives to traffic flow problems in this part of town. For east-west circulation, the TSP recommends on page 8-39 two options: 1) widening Bonita and McDonald to 5lanes and 2) widening Carman Drive to I-5 to five lanes and connecting it directly to Durham Rd. In reference to the Wall Street extension, the report states "Other alternatives to serve future east-west demand are precluded due to the railroad , wetlands, river and being too far north or south to serve the projected demand." 04/23/02 TRK to Tigard City Council 3 Mimi 11111~~=111110111111111 Table 8-7 listing recommended improvements does not list the Wall Street extension project. With regard to relief of traffic at Hall/Hunziker, the TSP recommend realigning Scoffins to meet Hunziker, not building the Wall Street Extension. With regard to the capacity of Hall Blvd, the TSP recommends expanding Hall Blvd. to 5 lanes, not building the Wall Street extension. With regard to the 72nd/Bonita Road intersection, the report recommends widening 72nd to 5 lanes and, widening Bonita Road to 4 lanes and does not recommend the extension of Wall Street. In summary,.the TSP does not recommend the extension of Wall Street as a solution to any of the problems mentioned in the Preliminary Evaluation Report. Further it states that other alternatives (i.ncluding the Wall Street Project) are precluded by railroad, wetlands and being in the wrong location. It would appear that the Wall Street project is being driven by some force other than the traffic circulation benefits stated in the Preliminary Evaluation Report. There are additional safety problems associated with the Wall Street extension project that are recognized in the TSP. Oregon Department of Transportation has a policy of recommending no new rail crossings, because of the inherent threat to life. The proposed Wall Street project will cross rail lines and be contrary to this safety policy. The Final Environmental Assessment for the Wilsonville to Beaverton Commuter Rail states that train traffic on this track will.increase "from less than 10 per day to more than 30 per day (including commuter and freight operations)." Finally, we wish to remind you of a vision of Tigard where quality of life is dependent on easy access to nature. In the 1997 Community Visioning Survey commissioned by the City of Tigard, residents were asked to choose from pairs of different policy options. The . strongest expression of preference was shown in the question asking about opens spaces and development. By a margin of 86% to 14%, Tigard residents indicated that they preferred policies that "encourage protection of open .spaces" over policies that "accommodate new development". The decision to extend Wall Street over some of the last, best open space on Fanno Creek is contrary to this strongly held community vision for the City of Tigard. With this in mind, the Tualatin Riverkeepers respectfully request that you reverse your decision to pursue a Local Improvement District for the extension of Wall Street. Sincerely, Brian Wegener, Chair Citizen Action Committee 04/23/02 TRK to Tigard City Council 4 Jill I C: Gus Duenas, City of Tigard, Engineer Jim Hendryx, City of Tigard, Community Planning Karl Anuta, esq. Northwest Environmental Defense Council Lyn Maffei esq., Sierra Club Oregon Chapter Dave Drescher, Fans of Fanno Creek Yvonne Vallette, Environmental Protection Agency Kathi Olson, U.S. Fish & Wildlife Service Jennifer Thompson, U.S. Fish & Wildlife Service Kathryn L. Harris, U.S. Army Corps of Engineers Colin MacLaren, Oregon Division of State Lands Jim Grimes, Oregon Department of Fish & Wildlife Holly Michael, Oregon Department of Fish & Wildlife Tom Melville, Oregon Department of Environmental Quality Jim Desmond, Metro Greenspaces Mike Houck, Audubon Society of Portland Tom Wolf, Oregon Council Trout Unlimited Tom Brian, Washington County Rep. David Wu Sue Bielke, Pacific Northwest Turtle Project Kendra Smith, Clean Witer Services Jacob Brostoff, 1000 Friends of Oregon Ross Williams, Citizens for Sensible Transportation Jim Turner, National Marine Fisheries Service Travis Williams, Willamette Riverkeeper 04/23/02 TRK to Tigard City Council 5 MEMORANDUM TO: Ed Wegner FROM: Matt Stine RE: Hazard tree at SW 117th Place & SW Bull Mountain Road DATE: April 23, 2002 . Throughout my entire involvement with this hazardous tree issue I have intentionally, diligently and consistently requested assistance from the Public Works Director, the Parks Manager, the Parks Supervisor and the City Attorney's office (Gary Firestone). From the moment I heard about this hazardous tree, my primary goal was to look out for the safety and well-being of the people travelling on Bull Mountain Road and for the lives of the family members living in the home that was threatened by the hazardous tree. Chronology of events regarding the hazardous Douglas fir tree at the intersection of SW 117th Place and SW Bull Mountain Road. • 4/17/02- 1 received a phone message left on 4/16/02 at 4:06 PM from Matt Ellen (sp?) from Morton Tree & Landscape Maintenance Company. Matt called to inform me of a hazardous Douglas fir tree, located in the public right-of-way, leaning into a smaller Douglas fir tree, also in the public right-of-way, on Bull Mountain Road. It is very common to receive phone calls from citizens, arborists, other public agencies, business owners, etc. pointing out dangerous or hazardous trees. S 1 inspected the tree, located in the public right-of-way off of a private road, and noticed that the Douglas fir was indeed leaning north. I also noticed the soil heaving and cracking as well as roots breaking the surface of the soil on the south side of the tree. These observations are indications of root failure, which indicate the entire tree's imminent failure. To the north of this tree, directly across Bull Mountain Road, there is a private residence owned by Gary Zhang. This house is well within the range of this tree if (and when) it falls. a After consulting with you and Steve Martin on this issue I looked up the name and address of the owner of this private road, SW 117th Place. This party would ultimately be responsible for the maintenance of the private road and abutting right- of-way. Brian Rager informed me that, according to the recorded plat of this small housing development, the owners of parcels 1, 2 and 3 are equally responsible for the ownership and maintenance of Tract "A", which is the private road. Therefore, according to Chapter 18, 745.030F of the Tigard City Code, the homeowners at 14728 SW 117 th Place, 14764 SW 117 th Place and 14822 SW 117th Place are ultimately responsible for the maintenance of this tree since it is growing within the abutting right-of-way. • 1 telephoned the three homeowners to inform them of this hazardous tree and their responsibility for its removal. I left messages with two of the homeowners (the Eisenbach's and the Johnson's) and spoke with one homeowner, Tamara Orfield. I informed each homeowner that there was a hazardous tree in the public right-of-way and they were responsible for that tree since their private drive is abutting the right- of-way where the tree is located. I also informed Mrs. Orfield that she could obtain a copy of Chapter 18.745.030F in Tigard's City Code from the city's website to verify her responsibilities as a homeowner concerning the right-of-way regarding this hazardous Douglas fir tree. a I spoke with Gary Firestone, Tigard's City Attorney, who informed me that, because the tree is hazardous and threatens a major road with heavy traffic as well as someone's home, I could give the homeowners a period of time to have the tree removed. If the tree was not removed within that period of time, the city could remove the tree and bill the homeowners for the cost of the tree's removal and disposal. w I wrote a letter to each homeowner explaining the situation and enclosed a copy of Tigard City Code 18.745.030F, which outlines their responsibility for this tree. I hand delivered each letter and hung them on the homeowners' doors. While I was at the site I took pictures of the tree and the heaving soil as documentation. Additionally, I spoke with Mr. Eisenbach as well as Mrs. Johnson. Mr. Eisenbach was very understanding and stated that the tree's removal would be taken care of by him and his neighbors. I informed him of the deadline and he did not indicate to me that the deadline was unreasonable or could not be met. I offered to refer various tree removal companies to him that I have worked with in the past. I mentioned Halstead's Arboriculture Consultants, Morton Tree & Landscape Maintenance Company (the same company that pointed out the hazardous tree), Buena Vista Arbor Care Company and Rich's Tree Service. While speaking with Mrs. Johnson I offered the exact same information as I had given to Mr. Eisenbach, including the referral of several tree companies. Mrs. Johnson also did not indicate any problems or issues regarding the deadline for the tree's removal. ® I also spoke with Mr. Zhang, the homeowner who's home is across Bull Mountain Road and directly in line of this hazardous tree. Mr. Zhang had been informed by Morton Tree & Landscape Maintenance Company that the tree in question was hazardous and leaning directly towards his home. I told Mr. Zhang that the tree would be removed by Tuesday, April 23, 2002. 1 gave him a copy of the letter that I sent to each of the three homeowners on SW 117th Place regarding the removal of this hazardous Douglas fir tree. • 1 spoke with Marti (sp.?) from Morton Tree & Landscape Maintenance Company to arrange for the tree to come down first thing on Tuesday morning, April 23, 2002 if the homeowners had not removed the tree by close of business Monday, April 22, 2002. 1 called Morton Tree & Landscape Maintenance Company because I have worked with them in the past on numerous occasions and all of their required documents regarding insurance, licenses, etc are already on file with the city. I have always been extremely satisfied with their work and bid prices. They knew where the tree was located and I would not have to spend any extra time calling other arborists and taking them out to the tree. I was quite confident that this job would be under $2,500.00 so I did not have to get three quotes for this hazardous tree's removal. 4/22/02- 1 was informed by Susan Johnson, 14764 SW 117th Place, that the tree had been removed along with the smaller Douglas hr immediately adjacent to the larger hazardous Douglas fir. She indicated that they chose a different tree removal company than Morton since Morton's bid was so much higher. • 1 received a call from Bill Monahan at approximately 11:45 AM informing me that a letter had arrived from Sherry Eisenbach (14822 SW 117th Place). This letter outlined Mrs. Eisenbach's feelings about the city's involvement with this hazardous tree's removal among several other tree-related issues. .i. • 4/23/02- At 9:30 AM I telephoned and left a voice mail message for Mrs. Eisenbach. I called to speak with her about the letter that she had written and dated April 17, 2002. 1 wanted to address her concerns regarding the hazardous condition of this Douglas fir tree and the city's relationship with Morton Tree & Landscape Maintenance Company. i CITY O TI D April 22, 2002 OREGON Ms. Sherry B. Eisenbach 14822 SW 117th Place Tigard, OR 97224 Dear Ms. Eisenbach: Your letter to the Tigard City Council was received today and forwarded to the Mayor and Council, City Manager B11 Monahan, and Public Works Director E& Wegner. You. have made a number of serioys charges that will be looked into immediately. You will be receiving a response within the next few days from the Public Works Department. Sincerely, JA) Catherine Wheatley City Recorder c: Mayor & Council Bill Monahan, City Manager Ed Wegner, Public Works Director Matt Stine, Urban Forester I:WDKCATHY%000NCIL%CKIEISENBACH 4-22.DOC 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 14822 SW 117" Place Tigard, OR 97224 April 18,2002 City Commission RECEIVED C.O.I. City of Tigard APR 2 2 2002 Copies to: 13125 SW Hall Blvd. Mayor/Council ✓ Other: Tigard, OR 97223 Administration City Manager ELM-. Council File ✓t1aft _ T_ V&n Dear Sirs: Awn_ I am writing to you to express my rage at the collusion and underhanded operations I have witnessed, and been a victim of, by your employees in the name of the City of Tigard. On the evening of April 17, 2002, I returned from work to my home to find that a letter had been delivered that day instructing us and 2 other families on our street to cut down a Douglas Fir which was deemed "hazardous" by the City Forester, Matt Stine. Mr. Stine in his letter stated that the tree is leaning and has indications of root failure. What I came to find out later is that Mr. Stine was pointed to this tree by a local tree cutting firm, a private company but drumming up business. And not only would this tree need to be cut down within 3 business days, but that if we didn't do it in the allotted time, this very same tree deceitful company would be given the honors to doff our tree. The back door deals are stunning! Maybe you are not a working stiff, like some of us, but you might appreciate that to get bids and to complete this task under the gun, your gun, is a task that would stir up anger and resentment in your citizens, your constituents. You might even understand that for some 3 days is not a lot of time to come up over $1000 out of family budgets which are already stretched too tight and made taut by situations you could not possibly be aware of. This anger and resentment is inflamed even more by the fact that: I . this situation was caused by a money grubbing agent-in-kind for you and your employee, Mr. Stine, putting their hands in MY wallet, 2. that I must comply with your time table, not my own, in which we could obtain bids in a rational, well-managed process rather than the frantic, rushed process you demand, 3. that this tree is green, not dropping its needles and much less of a hazard than other trees threatening our own houses but which are on private property, and 4. that you are the same City Council which allow our next door neighbors to harbor goats within the city limits and up against our property line, 5. that you are the same City Council which allowed a builder to mow down more than an acre and a half, a forest of 75 trees or so, of large Douglas Firs on a Saturday (so no one could stop them) on the property which abuts our property. Not a word was said to stop them, nor afterwards, after the crime. My anger has not passed and will not pass soon. So I say to those people who voted down your annexation of the northern side of Bull Mountain, "Way to go!" Keep the City of Tigard out of your wallets as long as possible because they do not respect you as a person } .1 art. J`n o. Agenda Item No. Meeting of S, I L4 C>-a'- COUNCIL MINUTES TIGARD CITY COUNCIL MEETING April 23, 2002 • STUDY SESSION Meeting was called to order at 6:30 p.m. Council Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla (arrived at 6:34 p.m.) > UPDATE ON RANDALL GRANT PROGRAM Assistant to the City Manager Newton updated the Council on this agenda item and referred to her April 15, 2002, memorandum, which is on file in the City Recorder's office. Ms. Newton reviewed grant activity. The Randall Grant Program contract expires on June 12, 2002. Ms. Newton is reviewing options with the Randall Company should the City decide not to renew the contract. One option under discussion is that Randall will continue to work with Tigard after the contract expires to secure grants for Tigard without the City spending additional funds. More information on options will be coming from Randall next week. > UPDATE ON WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICE (WCCLS) PROPOSED LOCAL OPTION LEVY Library Director Barnes and Finance Director Prosser were present to update Council on this agenda item. Council concerns had been brought up previously about including funding for the Regional Arts and Culture Council (RACC) with the WCCLS funding proposal to be submitted to voters. An April 22, 2002, letter from Charles Cameron, Washington County Administrator was distributed to Council. The letter offers background and an explanation regarding including RACC funding with the WCCLS levy proposal. Discussion followed with staff noting that they are comfortable with the explanation offered. The next issue to be worked through is the formula for distribution of funds of members of WCCLS. Staff asked for direction on the rate amount that will be requested in the ballot measure. Staff advised they would recommend a rate-based levy. It was noted that in order to maintain the threshold of current services the requested levy would need to be 17 cents per $1,000 of assessed value. After discussion, COUNCIL MINUTES - April 23, 2002 page 1 mmi Council advised they would support 25 cents per $1,000 of assessed value, with 26 cents as the largest amount that they would support. > CITY MANAGER'S PERFORMANCE REVIEW (This Item was reviewed by the City Council after the Business Meeting.) > ADMINISTRATIVE ITEMS - The following items were announced or discussed as noted: City Attorney tonight will be Steve Crew - Sorg Rhododendron Garden Dedication will be held on Wednesday, May 8, at noon. Mayor Griffith will attend and other Council members may attend (depending on their schedule) Shining Stars Banquet will be held on Friday, April 26, at the Greenwood Inn. Information was distributed listing the City's contributions to the fund-raising auction. Arbor Day Celebration will be held on Friday, April 26, 1-2 p.m. - Templeton Elementary School, 9500 SW Murdock, Tigard. Budget Committee Meetings are scheduled as follows: May 6 - Tigard Water Building - 6:30 p.m. May 13 - Tigard Water Building - 6:30 p.m. May 20 - Tigard Water Building - 6:30 p.m. May 29 - Red Rack Creek Conference Room - 6:30 p.m. - A "Chronology for Tigard Candidate Elections" - November 02 was distributed to Council. - Senn Property Update: City Manager Monahan advised that a several- acre piece of property in northern Tigard may be purchased entirely by Metro dollars for greenspaces. Mr. Monahan asked Council whether they think they would be supportive of entering. into an intergovernmental agreement to maintain the natural area and for drainageway preservation? Also, would the Council be supportive of the property being named after a member of the Senn family. Council members indicated they would be supportive in both the questions stated above. Police Memorial Service will be held on Friday, May 17, 10 a.m., In the Water Building . An April 23, 2002, letter from Brian Wegener of the Tualatin Riverkeepers regarding Issues with the Wall Street Extension Local Improvement District was distributed to the City Council. After discussion, Council agreed that a letter should be sent to Mr. Wegener acknowledging his letter and explaining the Local Improvement District formation process, which will include an opportunity to raise objections for consideration. COUNCIL MINUTES - April 23, 2002 page 2 An April 18 letter from Sherry Eisenbach, regarding "hazard tree at SW 117' Place & SW Bull Mountain Road" was distributed to Council. Also distributed was a memorandum dated April 23, 2002, from Matt Stine to Ed Wegner about the hazard tree. Staff will follow up with Ms. Eisenbach. Study Session recessed at 7:12 p.m. O EXECUTIVE SESSION: Canceled 1. BUSINESS MEETING 1.1 Call to Order - City Council et Local Contract Review Board Mayor Griffith called the meeting to order at 7:35 p.m. 1.2 Roll Call: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla 1.3 Pledge of Allegiance 1.4 Council Communications et Liaison Reports: None 1.3 Call to Council and Staff for Non-Agenda Items: None Mayor announced the Council would reconvene into Study Session after the Business meeting. Agenda Item Nos. 10 and 11 would be reordered, so that the Council would hear Agenda Item No. 11 first. 2. PROCLAMATIONS - Mayor Griffith proclaimed the following: 2.1 NATIONAL POLICE WEEK a NATIONAL POLICE MEMORIAL DAY 2.2 BE KIND TO ANIMALS WEEK 3. VISITOR'S AGENDA (Two Minutes or Less, Please) No visitors. 4. CONSENT AGENDA: Motion by Councilor Patton, seconded by Councilor Scheckla, to adopt the Consent Agenda as follows: 4.1 Approve City Council Minutes: February 19, 26, March 12, 2002 4.2 Receive & File: a. Council Goal Update - First Quarter 2002 b. Annual Solid Waste Financial Report Findings 4.3 Renew Intergovernmental Agreement for Access to the Portland Police Data System and Authorize Mayor Griffith to Sign the Agreement 4.4 Approve an Intergovernmental Agreement with the Watenmaster of District 18 to Perform Flow Monitoring of Summer Creek at the Summerlake Area COUNCIL MINUTES - April 23, 2002 page 3 4.5 Authorize the Issuance of a Bond Anticipation Note to Provide Interim Financing for the Dartmouth Street Improvement District - Resolution No. 02-29 4.6 Local Contract Review Board: a. Award Contract for the Construction of Errol Street a Fonner Street Sanitary Reimbursement District No. 21 to Dunn Construction, Inc. b. Award Contract for the Construction of Howard Drive Sanitary Sewer Reimbursement District No. 22 to Dunn Construction, Inc. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 5. UPDATE FROM THE NEW TIGARD LIBRARY CONSTRUCTION COMMIT T EE (NTLCC) Library Director Barnes and Vice Chair of the NTLCC presented an update to the Council. Also present from the NTLCC were Kathy Sleeger and Curtis Tigard. Mr. Hoklin reported that about 50 people attended the March 5 site-review meeting. He said he was impressed with the questions and points citizens raised about the site and the library concept. Comments were generally about the opportunity for environmental education; the potential for a park-like setting for the library (possible extension of the Fanno Creek Park); transportation issues; wetland concerns; and general questions about site development. Mr. Hoklin stressed that the public has been involved throughout this process. Two Informational vides, produced by staff, are airing on the Tualatain Valley Community Access channels. The videos illustrate what the project is all about and gives good background about the role of the library In the community. Mr. Hoklin complimented Ms. Barnes and staff for their efforts to inform the public about the proposed new library. It's estimated that about 5,000 people have had the opportunity to view the library model. Councilor Patton also thanked the City Council members for their continuing support for the proposed new library. COUNCIL MINUTES - April 23, 2002 page 4 6. REPORT ON POLICE ACCREDITATION Police Chief Ron Goodpaster Introduced this agenda Item. Captain Gary Schrader presented the staff report and a PowerPoint slide presentation, which are on file in the City Recorder's office. Council members indicated support of the accreditation process. Captain Schrader advised Tigard Police Department will apply for accreditation in a few months. Chief Goodpaster thanked the Mayor for the proclamation read earlier in the meeting regarding National Police Week and National Police Memorial Day. A Police Memorial Service will be held on Friday, May 17, at 10 a.m. in the Tigard Water Building. The public is invited to attend. 7. UPDATE ON PORTLAND GENERAL ELECTRIC (PGE) AUDIT AND FUTURE UTILITY AUDITS Finance Director Prosser presented the staff report, which is on file in the City Recorder's office. Mr. Prosser gave the background about how the audit came about. He acknowledged PGE for their cooperation throughout the audit. The audit findings showed that 21 cities were underpaid $3.3 million; 3 cities were overpaid. Tigard was underpaid and will receive a check in the amount of $310,746. Mr. Prosser reviewed his recommendation for how this money should be utilized. (See memorandum of April 12, 2002, on file in the City Recorder's office). Council consensus was in agreement with staff's recommendations for use of these funds and to forward these recommendations for consideration during the budget meetings. Also discussed was adding '/2 of l percent of the amount collected to the Social Services allocation. Next to be considered for audits will be Qwest and Verizon. Qwest withheld its franchise fees (about $50,000/year). Mr. Monahan suggested that it would be appropriate for the City to send a letter to Qwest that they are in violation of their franchise agreement. 8. UPDATE ON FISCAL YEAR 2002/03 BUDGET PROCESS Finance Director Prosser presented the staff report and referred to an April 9, 2002, memorandum on the budget process; both of which are on file in the City Recorder's office. Mr. Prosser advised the proposed budget would be distributed next week. Budget Committee meetings are scheduled for May 6, 13, and 20 at 6:30 p.m. In the Tigard Water Building. If necessary, a fourth budget committee is tentatively COUNCIL MINUTES - April 23, 2002 page 5 scheduled for May 29 at 6:30 p.m. In the Red Rock Creek Conference Room at Tigard City Hall. City Council will hold a public hearing for budget adoption on June 11. The budget will take effect on July 1, 2002. City Manager Monahan noted that this has been a more difficult process for City departments in that they were asked to prepare budgets to Indicate how budget requests could be reduced up to 5 percent. It was noted that a strong financial plan has been In place for the past 2 5 years which has guided the City. All City Departments were commended for their efforts. 9. REPORT ON TIGARD'S DESIGNATION AS A "TREE CITY USA" AND REVIEW OF ACTIVITIES SCHEDULED FOR ARBOR DAY ON APRIL 26, 2002 Public Works Director Wegner introduced this agenda item. He reviewed Council of significant steps taken by the City since 1998 when the goal was to plant 2000 trees In the City of Tigard by the year 2000. In 1999, that goal was exceeded by 1000 trees. It has also been a goal of the City to establish an urban forestry plan, which has been accomplished with the hiring of Matt Stine. Matt Stine announced that The National Arbor Day Foundation designated the City of Tigard as a Tree City USA. One of the requirements of a Tree City USA is to have a tree ordinance in place. A proposed ordinance has been drafted and will be forwarded to the City Council for consideration in the near future. Highlights of Mr. Stine's presentation are on file in the City Recorder's office. Mayor Griffith proclaimed April 26, 2002, as Arbor Day. A copy of the proclamation Is on file in the City Recorder's office. 10. CONSIDER AN INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE TUALATIN BASIN NATURAL RESOURCES COORDINATING COMMITTEE Planning Manager Barbara Shields introduced this agenda item and Associate Planner Duane Robert presented the staff report. A copy of the staff report Is on file in the City Recorder's office. The Issue before Council was whether the City should enter into an agreement with other Washington County jurisdictions and special districts to jointly develop a protection program for Metro-identified . natural resources sites located within Washington County. Motion by Councilor Moore, seconded by Councilor Dirksen, to enter Into the Intergovernmental Agreement as proposed. COUNCIL MINUTES - April 23, 2002 page 6 llimililimillimillilllls III _1=1111111mi The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dlrksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 11. UPDATE TO COUNCIL ON THE BUTTERFLY GARDEN AT COOK PARK Public Works Director Wegner Introduced this agenda item. Property Manager John Roy presented the staff report and a PowerPoint presentation, both of which are on file in the City Recorder's office. Mr. Roy commented on the bequest from Kristine Tupiing, which was utilized for development of the Butterfly Garden. A ribbon cutting ceremony and presentation of a plaque dedicating the Butterfly Garden will be conducted on June 16, 2002. 12. COUNCIL LIAISON REPORTS: None 13. NON AGENDA ITEMS: None STUDY SESSION CONTINUED - CITY MANAGER'S REVIEW Mayor reviewed a summary of the combined comments of City Council on the evaluation form. Mayor summarized the overall viewpoint of Council noting that the City Manager 's doing an excellent job for the City of Tigard. He noted the positive steps taken by the Manager in the last year for focusing more on the long-range efforts rather than the day-to-day details. Mayor noted that the Council would like for the Manager to continue to delegate responsibilities to departments. Mr. Monahan commented on the future noting that the first priority is to get the library bond measure passed, which will then make it possible for the City staff and Council to make other Important decisions. He noted, with -egard to budgeting, there are a number of unknowns. He reviewed several a eas that are being monitored. He said the City needs to prepare for a likely bailor measure requesting voters approve an operating levy in November 2004. He spoke of succession planning that has been discussed by the Executive Staff for key positions in the City of Tigard. Also discussed were retirement plans currently in place. COUNCIL MINUTES - April 23, 2002 page 7 There was discussion about management staff total compensation. A management compensation analysis has been completed. City Manager Monahan requested Council review this Information as well as the Management COLA data at a special meeting. Council consensus was to meet at 5:30 p.m. on Monday, May 6, 2002, to discuss the management compensation information. Also to be reviewed will be information on an alternative option to be offered to Department Heads for long-term care insurance rather than life insurance. Consensus of Council was to enter Into a four-year contract with the City Manager. The proposed contract will be submitted to Council for review and approval on May 14, 2002. • City Manager Monahan reviewed the upcoming (April 26, 2002) Chamber of Commerce Shining Stars Banquet. All Council members and several staff member will attend. 14. EXECUTIVE SESSION: Canceled. 15. ADJOURNMENT: 10:00 p.m. Catherine Wheatley, ity Record r Attest: AAJ ay , i f Tigat]J ate: -~5 I U, n a \\TIG333\USR\DEPTS\ADMICATHY\CCM\02D423.DOC COUNCIL MINUTES - April 23, 2002 page 8 Agenda Item No. Meeting of - L31oz MEMORANDUM TO: Honorable Mayor & City Council FROM: Liz Newton, Assistant to the City Manager 14 7,-44u/-Pi' Status of Randall Funding and Development Grant Activity DATE: April 15, 2002 Below is a summary of grant activity. Libra Randall's grant writer assigned to pursue private foundation grants for the library contacted the Meyer Memorial Trust, the Nike Foundation, and the Collins Foundation for Funds for the proposed new library. All three expressed interest but would not consider an application until after the passage of the bond to provide initial funding. Randall is prepared to pursue all three foundations immediately after the May election if the library bond passes. Transportation/Engineering Grant announcements have not been made on the two federal transportation grants identified. When the grants are announced, staff will contact Metro to determine their interest in applying and then decide how to proceed. Police The city had authorized Randall Funding and Development to pursue a COPS MORE grant for $300,000 for technology for the Police Department. President Bush cancelled the grant about two weeks ago. The city has authorized Randall to pursue a grant for reimbursement of bulletproof vests. The grant has been prepared and submitted for up to $10,000. In addition, staff is reviewing a COPS Universal Hiring Program grant opportunity that was announced on April 5, 2002. Community Development/Downtown A segment of the greenway trail system that connects to the downtown or a project that is part of the commuter rail station may be eligible for Oregon Livability Initiative Community Incentive Funds (OLICIF). The next deadline for those grants will be sometime in the fall. AGENDA ITEM #1 FOR AGENDA OF _A2ri123.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUEIAGENDA TITLE Update on the proposed local option levy for Washingla_n County Cooperative Liles Services. PREPARED BY: Margaret Barnes DEPT HEAD OK Z%- CITY MGR OK ISSUE BEFORE THE COUNCIL Additional discussion of the proposed local option levy for Washington County Cooperative Library Services (WCCLS). STAFF RECOMMENDATION The purpose of this presentation is to provide City Council information on the proposed local option levy. INFORMATION SUMMARY At the December 18, 2001 and February 19, 2002 Council meetings, staff presented information to the Council summarizing the method of funding WCCLS. In December and February, staff reported to Council a preliminary outline of a proposed $50 million, five-year local option levy. Since that time, staff has presented the concerns Council expressed about the levy to the Cooperative Library Advisory Board (CLAB) and worked with WCCLS and other member cities to develop a defendable levy proposal for submission to the County Board of Commissioners. At this time, staff is prepared to update the Council on this process. Also at this time, staff is requesting the Council provide direction regarding the levy rate. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST N/A EISCAL NO M N/A L~~~ WASHINGTON COUNTY OREGON April 22, 2002 William A. Monahan, City Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: FUNDING OR THE ARTS IN THE WCCLS LEVY Dear , As you know, the Cooperative Library Advisory Board (CLAB) is in the midst of preparing a funding proposal in support of countywide library operations for voter consideration this November. This plan includes the critical funding needed to address growth in demand for services in all public libraries, increased support for central library support functions (book delivery, information systems and services for special populations), and a small amount of funding for the Regional Arts and Culture Council (RACC). It is my understanding that the Tigard City Council has asked about the origin of the arts funding component and why the County Board of Commissioners are so invested in it. I hope you will find the following background information useful in addressing these important questions. I believe that this information provides a solid basis for the inclusion of this funding component in the CLAB funding proposal. Background In 1995, Washington County entered into an agreement with the City of Portland, Metro, and Clack<imas and Multnomah Counties to support RACC and its mission of providing leadershil , advocacy, and funding to arts and culture. As agreed, RACC provides its services r.;gionally, supporting the growing arts and culture community, which flourishes across g:;ographic and jurisdictional borders. The Westside Cultural Alliance, formed out of a stunmit on arts and culture issues in Washington County, partners with RACC to ieentify, address, and advocate for local arts and culture priorities. This partnership has been significant to the Washington County arts and culture community. Since 1995, the County has provided funding for arts and culture programs county Administrative office 155 North First Avenue, Suite 300, MS 21, Hillsboro, OR 97124-3072 phone: (503) 846-8685 • fax: (503) 846-4545 that has allowed RACC to leverage additional funding from other sources for use in the County. These sources include: Metro, Oregon Ails Commission, National Endowment for the Arts, schools, foundations, and the City of Portland. The chart below summarizes historic County funding for RACC and the additional funds leveraged. Washington County Arts Funding Washington Leveraged Total County 1995-1996 $40,000 $70,000 $110,000 1996-1997 $50,000 $72,047 $122,047 1997-1998 $14,655 $96,186 $110,841 1998-1999 $50,000 $104,341 $154,341 1999-2000 $25,000 $92,187 $117,187 2000-2001 $25,000 $67,396 $92,396 2001-2002 $50,000 $138,685 $188,685 Totals $254,655 $640,842 $895,497 Washington County allocations include Washington County Visitors Association allocation of $14,655 in 1997-1998. As shown above, the County has been funding RACC for years (the current budget is $50,000) as well as directly investing in the arts. As a matter of fact, in addition to the above, we have directly purchased over $600,000 in paintings, graphics, photography and three-dimensional art in the last several years. The most notable of these expenditures is the sculpture garden on the grounds of the Law Enforcement Center. RA CC Funding and the County's Annual Budget Process Notwithstanding the above commitments, funding for RACC has nevertheless been problematic, and every year both RACC and the County vow to come up with an alternative, more stable and adequate means of providing long-term funding. Each year, RACC requests funding from the County General Fund and the response has usually been to fund at the $25,000 to $50,000 level. Several prominent Washington County citizens attest to the value of this modest investment in terms of the benefits that accrue to youth and the general quality of life. This last year there was particular passion around the commitment and underlying this commitment is the majority of the Board of Commissioners' opinion that arts and letters are integral components of a livable community. This, of course, is all taken in the context of the County budget. If one looks at the County's budget, they will see that it is comprised of a large and complex criminal justice system, land use and transportation functions, health and humans services programs and culture education and recreation-most of which is comprised of the Cooperative Library System. As you would guess, much of this work is pretty grim. You can probably also appreciate that some gesture toward the arts is a rose amidst the field of challenges--of hardened criminals, congested transportation systems and huge unmet human services needs--that somehow softens the hard edges in community building. To illustrate further, look at the appended County organization chart. Notice that the County has configured its programs since 1983 along the broad service areas of General Government, Public Safety, Land Use, Housing and Transportation, Health and Human Services, and Culture, Education and Recreation. The point is that our budget mentality is to associate like functions with one another. So it is eminently logical to us (at least) that if we are to propose to our voters funding for the letters portion of culture, that the opportunity exists (via the WCCLS levy) to address the unmet need on the arts side. What Does the RA CC Funding Commitment Purchase? When Tom Brian and I met with the leadership of RACC we suggested that, they develop a proposal that would fund current and new programs in Washington County for inclusion in the levy. As well, we would like to see them maintain or expand the programs that RACC currently supports that occur in our libraries. It seemed then (and now) that a clear nexus exists between these programs... in essence 2% of the proposed levy for arts programs in Washington County. More specifically, the RACC funding portion of the levy proposal is for $200,000 annually for five years--total $1,000,000. All funding would be used to support Washington County artists, organizations and programs as follows: s $25,000 for Arts In Libraries Program: This funding continues and increases support for the successful and popular program that began with a RACONEA grant in 2000. RACC support would increase from $17,500 to $25,000 annually, with an additional partial match from WCCLS. Libraries use this funding and RACC Neighborhood Artists' roster to provide community based artistic and cultural programs and performances. The Arts in Libraries program brings culture and art to local neighborhoods, focusing on public libraries as established community centers and gathering places. With the RACC/NEA grant, 12 libraries were served at $2,200 each. This proposal would provide funding for 13 libraries at $2,950 each and represents a 34% increase in arts funding to libraries. ® $100,000 for Grants to Arts and Culture Organizations: This would provide increased operational support grants for Washington County community-based arts and cultural organizations to help them leverage earned and contributed income. These include technical assistance (building professional and leadership capacity within the organizations to help them run more efficiently) and capacity-building funding to help Washington County organizations grow into sustainable community organizations. During the current year, 28 of 55 Washington County applications IN Ilm IM, were funded in the area of technical Assistance grants and Project Grants, or 50%. With additional levy funding, more grants could be funded to address community needs. • $50,000 for Arts In Education: This would provide subsidies to Washington County schools for Artists in Residence grants, funds for arts programming in schools through the Arts Plan School Incentive Grant program, and funds for Arts Plan Partner Grants in which arts organizations partner with schools to provide arts and cultural programming. In . li'Y01-02, of the 111 public schools in Washington County, 9 are served by the RACC Artist in Residency / Subsidy funds; 3 are receiving Arts Plan Incentive Grants; 3 receive Architects in Schools funds for a total of 13.6% of schools served. With passage of the levy there could be a 194% increase in funding for Arts Education in Washington County. ® $25,000 for Westside Cultural Alliance (WCA) Coordination: This funding would provide contracted professional consulting support for the work of the WCA, a Washington County based arts education and advocacy group.. Professional support would facilitate communication between community arts and culture' organizations and provide information, research and data that would lead to professional development and increasbd funding for Washington County based organizations and artists. I hope this explanation addresses the Council's questions. I hope it also conveys the passion that a majority of my Board feels about this issue. W re ards, Charles D. Cameron, County Administrator C. Board of County Commissioners Eva Calcagno, Manager, WCCLS Encl.: Org. Chart WASHINGTON COUNTY ORGANIZATIONAL CHART VOTERS Board of ' Commissioners County Administrator' Budget Officer CULTURE, GENERAL LAND USE, HOUSING & HEALTH & EDUCATION 1F GOVERNMENT PUBLIC SAFETY TRANSPORTATION HUMAN SERVICES RECREATION Assessment & Community Land Use & Health & Taxation Corrections Transportation Human Services Z County ' District A Housing Services Aging Services Auditor Attorney County ' Juvenile Counsel W ® Support Public Safety ' Serv ces Tigard Just tu W Court ~ Law Libra ~ Community Veterans Services Cooperative ry Development Library Services Emergency Medical Services 1. Appointed by County Commissioner 2. Appointed by Circuit Court i i 3. Heavy Lines Denote Elected Positions ' *Unless otherwise indicated, department heads are appointed by, and responsible to, the County Administrator. I I WASHINGTON COUNTY OREGON 4 AGENDA ITEM #'1U6i r1RS5 MRMY~ FOR AGENDA OF Ae«'6.20 (Set over to April 23, 2002) CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE City Manager Performance Review PREPARED BY: Bill Monahan DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL The annual performance review for the City Manager is scheduled for discussion at this meeting. STAFF RECOMMENDATION Conduct the performance review with the City Manager. INFORMATION SUMMARY The Council will perform the annual review of the City Manager based on criteria established in the existing employment agreement. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST None FISCAL NOTES N/A I:%ADMkPACKET'02120020423112 CITY MANAGER REVIEW AIS.DOC ~essra~ City Manager Performance Evaluation comments d 3 t2 April 23, 2002 Organization and Planning: Good about organizing work, juggling priorities and creating options when the need arises. Extremely organized and plans well. Is placing more effort at looking into the future and evaluating the impact of upcoming events or situations. Administration: Has demonstrated a willingness to delegate to the staff and Department Heads, and let the Department Heads do their jobs. Bill is always prepared and willing to provide alternatives when making recommendations to City Council. Everyone appreciates his thoroughness. In spite of being an Attorney, Bill is not so fixed on rules, to the exclusion of all else, that he won't consider options that meet the law, but would require some more creative steps to implement. Bill is a good administrator. Employee Relations / Development: Bill has an uncanny ability to hire only the best. He is very supportive of their initial training and ongoing training. He had a good personal and working relationship with employees and has made advancements in letting staff take accountability for their work. Communications: Bill communicates well with the public, his peers, staff and council. Bill has the ability to make excellent verbal and written presentations tailored to the particular audience. It is very enjoyable working with Bill as the City Manager and considers him very adept at working with five very different personalities on the council. Leadership: Bill has gradually started presenting options with his recommendations to Council that includes higher levels of risk. Bill still needs to continue to step out of his conservative box and be a little more forward thinking, take more chances, and make Tigard more innovative. Bill has started to make decisions at his level that I believe he would have been reluctant to make in the past but for the Council's direction to him last year. This does not mean, however, that he is no longer 1111111 , SEE sensitive to risks. He is doing a good job in integrating council guidance into actions. Community groups and leaders see Bill as a highly respected member of the City of Tigard management team. He also promotes the values we believe he stands for as an individual. Bill is an ethical, trustworthy individual and City Manager. In other words, "he walks the talk". Financial: Bill is extremely cost-conscious. This works to the benefit of the City's taxpayers. I would consider Bill's performance to be outstanding with respect to adherence to the financial plan. He will do whatever it takes to assure that the City meets its obligations and promises to the taxpayer. The Department Head's are required to carefully monitor their budgets throughout the year, and Bill is not a "easy sell" if extra expenditures are requested during the year. His selection of the Finance Director provides a perfect compliment to his fiscal conservatism. Supervision: Improvement has been made in his delegation skills and he fully understands his role as a City Manager. He has demonstrated his ability to be consistent with his staff and Department Heads. Fob Knowledge: Bill has become an excellent City Manager. His knowledge has improved to the point that he knows and understands the City's policies and procedures and how to effectively apply them as required. Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Mating) ; rY:a Organization and Planning • SELECT RATING: 1. Establishes clear objectives and measures for self and others 2. Monitors process, progress and results appropriately 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 3. 5. Shows foresight in recognizing problems in areas of responsibility 6. Foresees changes and trends relevant to area of responsibility. 7. Adheres to schedules and plans 3 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 11. Contingencies are anticipated and alternate plans are in place when contingencies arise 12. ' Demonstrates effective problem solving skills 13. Current work plan is tied into future years 14. Allocates and/or adjusts resources in response to workload and priority changes Additional comments/performance standards: -4- Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. d4dmihlstiatiora Rating SELECT RATING:,- 1 . Maintains controls over areas of responsibility 2. Clearly defines responsibilities and authority limits to employees Z, 3. Delegates authority and responsibility appropriately 4. Displays knowledge and expertise of sound management practices 2 S. Anticipates major challenges, issues and projects 6. Understands role and responsibilities 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 10. Makes decisions in timely manner that demonstrate good judgement and common S , sense 3 11. Notifies all affected parties prior to implementing decisions 12. Generates ideas and creative solutions 13. Exhibits effective and timely decision making skills r,, 14. Follows up on problems and decisions 15. Executes directions and plans received from supervisor independent of personal likes/dislikes 16. Accepts criticism and feedback with minimum defensiveness • 17. Ensures work is conducted in accordance with established laws and regulations 18. Promotes effective security practices and occupational safety and health in the e i work environment Additional commentslperformance standards: i -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: ' 1. Selects competent employees 2. Trains and develops employees. 3. Flexibly adjusts administrative techniques and styles when working with 2A employees of different skills and abilities 4. Periodically meets with employees to share Information which will affect them 1 5. Effectively works with and leads diverse groups a i 6. Encourages continuous growth and seaming in others 7. Performance standards are highly developed, understood and communicated to employees i 8. Shares negative performance feedback that is timely and direct 9. Shares positive performance feedback that Is timely and direct 1, 10. Timely and comprehensive performance evaluations are conducted 11. Develops teamwork and confidence with co-workers and subordinates 12. Provides guidance, support, and motivation to staff 13. Staff have training to adequately perform job tasks as well as to back up each i other 14. Staff are encouraged and provided opportunities to increase job skills 15. New employees receive optimal training and orientation for their position Additional commentslperformance standards: -s- 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.- I. Has effective working relationships with Council. City Manager, and other 3,j executives 2. Effectively communicates up, down and across departmental lines 3. Communicates ideas persuasively 4. Shows appropriate assertiveness in expressing and advocating points of view 75, ? 5. Gains support and commitment from others 6. !Negotiates effectively 7. Ustens to what others have to say; seeks out appropriate information from others 8. Prepares well written materials that are logical, professional, organized and properly supported 9. Makes verbal presentations on matters of responsibility effectively to varied y , r? audiences 3 10. Able to see other's viewpoints Additional cornments/performance standards: . s Cateev ry Consider the following performance indicators in this category. Other performance standards or indicator's may be added as determined by the evaluator. Leadership Rating SELECT RATING: 4~' 3,`) 1. Promotes respect, honesty, integrity and fairness to all 5, aS 2. Clearly conveys goals and expectations to others z 3. 'Steps forward to confront difficult issues r 4. Takes risks 5. Encourages others to take risks 6. Supports the decisions of others when appropriate 7. Translates the City's/department's vision into actionable plans direction 3 8. Is highly ethical and professional 3 q 9. Is an effective team member I 10. Models collaboration 1 11. Demonstrates assertive initiative in perceiving and dealing with problems 7 12. Sets an example for others I 13. Demonstrates the initiative to learn and accept new challenges 3 I 14. Promotes diversity efforts, awareness and appropriate conduct 15. Has effective working relationships with community groups and leaders 16. Is effective is motivating others and firm in handling problems 1 17. Initiates changes when necessary and manage them effectively 3, I 18. 'T'akes action quickly to correct or prevent problems I 19.- Helps remove barriers to excellent customer service 20. Promotes a positive outlook 3 21. Actively supports the City's mission and values Additional comments/performance standards: c M 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: 1. ' 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 3 Z 6. Shows innovation in reducing expenses Additional cominents/perforrnance standards: n 1 -9- F.7.7 Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Supervision Rating t SELECT RATING:. ~ 2 8 1. Effectively delegates then supervises performance 2. Is able to effectively and appropriately schedule work assignments of subordinates 3. Takes action to monitor and Increase effectiveness of delegated assignments 4. Monitors and follows through on personnel issues; takes appropriate action'that is 317 also prompt and without delay .y 5. Thoroughly documents issues appropriate to the matter 6. Is consistent in the administration of City/department policies, rules and 3 . procedures 7. Complies, understands and can effectively administer the City's/department personnel policies, labor contracts, and procedures 8. Handles disciplinary measures in an appropriate manner 9. Understands his/her role as a supervisor/manager/director Additional comments/performance standards: J -10- 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 3materials to perform quality work 2. Understands and performs all aspects of the job r 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 improvement of the department/work unit. 7. Has the ability and versatility to manage most circumstances 8. Identifies and corrects problems 9. Paperwork is complete, correct and timely Additional comments/performance standards: ' -11- Page 1 of 1 :ax~~l7eR From: Brian Moore <Brian_Moore@pgn.com> To: <jga0126@netzero.net> Sent: Wednesday, April 10, 2002 8:23 AM Subject: Bill's Performance Appraisal Good morning Jim. Here are a few comments for Bill's PA. Bill is extremely organized and plans well. Keeps abreast of what is happening within City Hall. He has improved his delegating of responsibilities, allowing his managers to do their jobs. Bill is a good administrator. Bill appears to have a good personal and working relationship with employees and has made advancements in letting staff take accountability for their work. Bill communicates well with the public, his peers, staff and council. Bill still needs to continue to step out of his conservative box and be a little more forward thinking, take more chances, make Tigard more innovative. Have fun Jim. Brian ,z 4/10/02 ?►tiP&moL by : Joyce Po-+6n 0V Emoulouee Performance Appraisal Supervisory EMPLOYEE DATA: NAME: 3i 61 I\Aonahar~ 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: DATE: DEPARTMENT DIRECTOR: DATE: H.R. APPROVAL: DATE: CITY MANAGER: DATE: INSTRUCTIONS The purpose of the performance appraisal is to: • Communicate performance goals, standards and expectations • Evaluate employee performance against job standards and expectations • Provide written documentation of employee performance • Assist with the development and training of employees • Create a dialogue between supervisors and employees on job performance matters Evaluate each "Category" of performance. Use the "Rating Categories" sheet (following page) and assign one rating on the line provided under "Rating" for each performance category (i.e. Organization & Planning). To the left of each numbered characteristic is a line. These lines are for the optional use of the rater. You do not need to rate each characteristic, only to provide one overall rating as described above. Managers are expected to follow appropriate safeguards to assure that the performance appraisal is available only to those who have a need and right to have access to the evaluation. When conducting a performance evaluation/appraisal meeting, it is recommended that the manager: 1. Explain the purpose and your agenda for the meeting. 2. Encourage response from the employee and two-way communication. 3. Mutually review performance expectations. 4. Discuss your ratings using specific examples. 5. Recognize areas of achievement/goals met, and identify opportunities for improvement. 6. Explore career progress and determine developmental/training needs. 7. Plan performance for the next review period. -Z- RATING CATEGORIES -'Supervisory Staff EXCEEDS EXPECTATIONS = EE Employees performance consistently exceeds performance criteria or standards for all aspects of the job. Employee performs even the difficult and complex parts of the job competently and thoroughly, including extra or unique tasks. In measurable accomplishments, employee's productivity regularly surpasses the required output. Decisions and recommendations are usually sound and may involve high risk areas. Employee is innovative and initiates, plans for, accurately prioritizes and accomplishes the work, and often takes action on his/her own to implement solutions without requiring prior direction. MEETS EXPECTATIONS = ME Employee's performance fully meets performance criteria or standards for practically all aspects of the work. In measurable accomplishments, employee's productivity meets and may occasionally surpass the required output. Performance is steady, reliable and competent. Decisions and recommendations are usually sound and generally in the moderate risk or structured areas within the duties. While the employee may exercise initiative and innovation in meeting the work, guidance and direction may be warranted to assist the employee in prioritizing duties and maintain productivity schedules. DOES NOT MEET EXPECTATIONS = DN Employee's performance does not meet the performance criteria or standards of the aspects of this job. Goals are not achieved or are met with only a minimum level of acceptability. In measurable accomplishments, employee's productivity is consistently below the required output. Employee is usually reluctant to take action on his/her own unless specifically directed. Employee is reluctant to make decisions or recommendations, or if made, they are often not sound and are usually low-risk or highly routine. Corrective action is necessary to improve the rating within the next reporting period. DEVELOPING = DEV Employee has not yet achieved full effectiveness but is in a training or developmental mode AND the rate of growth is proceeding at a satisfactory rate. -3- 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.¢- .1. Establishes clear objectives and measures for self and others 3 2. Monitors procass, progress and results appropriately ,3+ 3. Effectively organizes employees, materials and support to get things done 3 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 8. Is able to establish priorities and organize accordingly 9. Keeps appropriate manager advised of status of projects and work assignments 3 10. Comprehensive work plans are development and followed 11. Contingencies are anticipated and alternate plans are in place when contingencies 3 arise + 12. Demonstrates effective problem solving skills 13. Current work plan is tied Into future years 3+ 14. Allocates and/or adjusts resources in response to workload and priority changes Additional comments/performance standards: 13,11_ is V" c3ood- abouA CY, 4* iU1 cvari<C Jv9yLitYL , pplD 4ites -i- ~vea~` 0 pP¢~x.s r,~~.uti ~ ~ccc~. cup; es . I~ .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 1. Maintains controls over areas of responsibility 3 + 2. Clearly defines responsibilities and authority limits to employees 3 3. Delegates authority and responsibility appropriately 3 4. Displays knowledge and expertise of sound management practices 3 5. Anticipates major challenges, issues and projects 3 6. Understands role and responsibilities 7. Provides information or help to supervisor when needed 3 + 8. Presents well considered alternatives when making recommendations 3 9. Carries out in depth analyses of department/division/unit performance 10. Makes decisions in timely manner that demonstrate good judgement and common 3+ sense 3 11. Notifies all affected parties prior to implementing decisions 12. Generates ideas and creative solutions 13. Exhibits effective and timely decision making skills 3 14. Follows up on problems and decisions 15. Executes directions and plans received from supervisor independent of personal J+ likes/dislikes 16. Accepts criticism and feedback with minimum defensiveness 17. Ensures work is conducted in accordance with established laws and regulations 18. Promotes effective security practices and occupational safety and health in the 3 work environment Additional comments/performance standards: 5111, u.ppears ~ D have. fhA" Oar cOmmants &M las-i-yza.rs eJaJ&XL;HV-n deCega ¢u 11l~ stca Xkarx abservtd r►~aY~ hea.►-E- -fh res,put 'M U, UjWr,5ntss on his Part h lot hh; Delo r men* HeadS prvoidc-, sfulo)p repm"f3 ,b Caunu l1 ~ e~amp Le. . B• U is always OeU prepared, -la present 4.C4Wna4?`V-es tWh.en &V,*.ln~ rec6mm-enda,,'0--As -fa Coun(4't ..z 4fpriu4;&, Ou3 4h&nVghr1tss-. ~A e, A 1441,D u~ h if QPPesws ghat 1 was a vt ux~zul~ l'rt rn Yak-ih~ # t 7 above, At ~S ever rea-L~'~ is ~t ,3; lI's art"-c~n-+y ba~ky~ro~,~r►ei' . a~su,res wa~z h ~.+a o~ esfu.b1J`:5/ A 1444.).C XOA - rem-~a#lcns HDw Ae i~ nD(-so P1 xa.#ut ~,+-`flee-' nit e,11 -JD phi- r'eaus Tam Of a.~ ~5 e qia;t- lea.. W ~n f s~ dQa~ opt-i s 4At nom' t la~J~ 5 tad r tu?~ .5pwvl mare crea~i v~ s ~a, Prnpl 7e~ bette~.c Ae. ex~`,bxs bvt ndf 7<e 1. brut a~►~ art ~d acit 41 0,- Category: Consider the following performance Indicators in this category. Other performance standards or Indicators may be added as determined by the evaluator. Employee Relationships / Development Rating SELECT RATING: 1. Selects competent employees .1., 2. Trains and develops employees. 3. Flexibly adjusts administrative techniques and styles when working with 3 employees of different skills and abilities 4. Periodically meets with employees to share information which will affect them 5. Effectively works with and leads diverse groups .3+ 6. Encourages continuous growth and learning in others 7. Performance standards are highly developed, understood and communicated to 3 employees 8. Shares negative performance feedback that is timely and direct 9. Shares positive performance feedback that is timely and direct 10. Timely and comprehensive performance evaluations are conducted 11. Develops teamwork and confidence with co-workers and subordinates 12. Provides guidance, support, and motivation to staff 13. Staff have training to adequately perform job tasks as well as to back up each 3-1- other 3+ 14. Staff are encouraged and provided opportunities to increase job skills 3+ 15. New employees receive optimal training and orientation for their position Additional comments/performance standards: 6i11 has 4a1 unca-r►.. ~ abih' -fo h~~e are - l~l~ best 1Re r~s &tso vevV- ,41t pr~~J2 D-f 1r!.1RiL '<'YcU11 a,4 011Mht Y"k'Xb. -6- Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Communication Skills (Dating SELECT RATING: 1. Has effective working relationships with Council, GRy- Imager, and other 3 + executives 2. Effectively communicates up, down and across departmental lines 3. Communicates ideas persuasively 4. Shows appropriate assertiveness in expressing and advocating points of view 5. Gains support and commitment from others 6. Negotiates effectively 3 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.l- properly supported 9. Makes verbal presentations on matters of responsibility effectively to varied 4 audiences 3 10. Able to see other's viewpoints Additional comments/performance standards: ,e,ill's ~tQa1 ski'Usk`bu-fie. 4v kc~s a.b~li'. fd ~A-kv p 0 ,~,,t Vewb a-f a- wr1`ttZ*'--' p rtS r-tiXb -A-S 7t I h-eA- -{fl Y-IL-) ~ c<rr`~ Ig,`ll as (!eV'J~ i~w^1~e.Y a.n.d~ ' " 0 firDYl'.-i~'~Q'.J n'~' Q~" LtJdYl~ ..W I TEL ?7~/G VP.YI~ Gtl`~1G'cn-[ Vyft tq Pe,►~,cna.2.+ ~ e~ ~ ~ ~ i 7 ' I a~ i 7 -7- Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Leadership Mating SELECT RATING: 1. Promotes respect, honesty, integrity and fairness to all + 2. Clearly conveys goals and expectations to others 3. Steps forward to confront difficult issues 3 4. Takes risks 3 5. Encourages others to take risks 6. Supports the decisions of others when appropriate ,3t 7. Translates the City's/department's vision into actionable plans & direction 8. Is highly ethical and professional 3 9. Is an effective team member 10. Models collaboration 11. Demonstrates assertive initiative in perceiving and dealing'with problems + 12. Sets an example for others 3 13. Demonstrates the initiative to learn and accept new challenges 14. Promotes diversity efforts, awareness and appropriate conduct 15. Has effective working relationships with community groups and leaders 16. Is effective is motivating others and firm in handling problems 17. Initiates changes when necessary and manage them effectively 3 18. Takes action quickly to correct or prevent problems 19.- Helps remove barriers to excellent customer service 3+ 20. Promotes a positive outlook 3 21. Actively supports the City's mission and values i Addifional comments/performance standards: s{zt.riltd- ~res~fi~' ap~r'~,1.s r.~~.. l►.a3 r«o,-v~n~a-nda~o~cS i ~1lI yta,s ~ ~,aa,~~ rA o74 r~ k.. Ne- !uu °.fs~ uro-~1.dL 5 Ec~;t_ fa ►uaK~ cf tcr3 r --hr~ 1,wej : b e!i ecta h h&,, brcK rr lu w~ r►tst-K~ t b~~" last ye r- d4f-5 nowt ~ job vb ~r GG1~tvF1 a~► t ns r Y'13 ks B•!I is 5c ~as alu hl its cetd-, +'nhw o~' ~-Re Cif of Ti}~ ►b m6~-4s v~w~ P as Ak 1 mss • He als a *JIM. Adam a5 an ~`nd+~`zLu a(, . -Z ~bcl o eUc !3l/I r`s cr rt. .ds 6h A . 8 : St o s Z be~~x ht "A IYl&vtaSe,•. l 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 Controls operating costs by effectively utilizing staff, materials and equipment 3 4- 2., Carefully monitors expenditures L4 3. /adheres to financial plan 3 4. Makes sound decisions that consider cost/benefit 3+ 5. accurately estimates expense/revenue levels, capital budgets, and other factors 3 6. Shows innovation in reducing expenses Additional comments/performance standards: U i5 arc m ` ~,o s f- &a-ns 4'o as . 7k t5 works ~a 14bt*t.L-A 4- W `O. s -)a Paaxs . wtcl Cdi+-.5idear ®ar-maa~c.~. -~a 6e rmtg tAAA4'np w-i~ ryes p eat' aQ 6~rP~t ce- - ~iS1a~ u~a t". 14.e urn dD w*Au P~ N- a,.1s_s u *-e- Waat-- 4-A~ D arm u~~-e.aL ~ car ~►~.o-,+.~'fa~ b ets 'f-!',,,z-r,~~.oz.:t- y ~ yLa.~•, ~.r+.a /3; GC n.D f aw fl -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: .3 1. Effectively delegates then supervises performance J? 2. Is able to effectively and appropriately schedule work assignments of subordinates J? 3. Takes action to monitor and increase effectiveness of delegated assignments 4. Monitors and follows through on personnel issues; takes appropriate action'that is 3 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 .3t procedures 7. Complies, understands and can effectively administer the City's/department 3 personnel policies, labor contracts, and procedures 3 8. Handles disciplinary measures in an appropriate manner 9. Understands his/her role as a supervisor/manager/director Additional comments/performance standards: 'bill has i`aaprvOtd, M'~ d~c~afi sl4`►ls y-O~e~ past ~/ew~ ass s G`f y IVIa ria~u' talc as it Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Job Knowledge Rating SELECT RATING: 1. Properly applies skills and knowledge of the techniques, procedures, products and .3+ materials to perform quality work 3+ 2. Understands and performs all aspects of the job 3+. 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 departmenttwork unit. 3+ 7. Has the ability and versatility to manage most circumstances 3 8. Identifies and corrects problems 3~. 9. Paperwork is complete, correct and timely Additional comments/performance standards: ~.r . f1►~ b f tea, v I eol~ $ u ha,s be c cou art -e4cz ,Lt+ - &'fit Mi.AA H,aS rav~•ccL ~-d~.~. Po,Y~- w-.ere, {~.e_ ~a+.e,,~-s G`f~ ~ ®o~G`u-~s avid ~ro u.r~~s ba,c.{~wa.rrls and a.r~ • V Major Goals/Projects Completed daring this Review Period Instructions: Please indicate the standards to be met In completing the goal/project. Goal/Project: Goal/Project: Goal/Project: Goal/Project: Goal/Project: Goal/Project: I -12- Major Goals/Projects for Next Review Period Instructions: Please indicate the standards to be met in completing the goal/project. Goal/Project: Goal/Project: Goal/Project: Goal/Project: Goal/Project: Goal/Project: -13. PROFESSIONAL DEVELOPMENT/TRAINING PLAN Employee Name: Date: Supervisor Name: Department: 1. List any training programs, conferences, courses or other developmental steps for this employee to improve in his/her present job, and/or to prepare for future responsibilities: Skill or Knowledge to be Developed or Strengthened Name of Program/Session Completion Date Desired Results Skill or Knowledge to be Developed or Strengthened Name of Program/Session Completion Date Desired Results Skill or Knowledge to be Developed or Strengthened Name of Program/Session Completion Date Desired Results -14- Skill or Knowledge to be Developed or Strengthened Name of Program/Session Completion Date Desired Results Skill or Knowledge to be Developed or Strengthened Name of Program/Session Completion Date Desired Results Employee's Signature Date Supervisor's Signature Date Department Director's Signature Date i i EMPLOYEE WORK PLAN - Supervisory Employees Actions for Improvement This form may be used for employees whose performance is not meeting expectations or needs improvement. Describe below: • list the performance problem(s). • Describe specifically what the employee must do to improve (what objectives/dimensions must be met by the next review session in order to meet the expected job standards). • Describe what training/instruction/coaching will be made available to help the employee meet the standards. • Indicate the specific time frame in which all of actions/expectations are to occur. • Indicate when the next review session will take place. Supervisor's signature: Date: Employee's signature: Date: c H aH i •16• EMPLOYEE QUESTIONNAIRE This self evaluation will be of help to both you and your supervisor in reviewing your progress and in future planning. It provides an opportunity to compare your view with that of your supervisor's on several issues. After completing this questionnaire, please submit this form to your supervisor prior to your performance evaluation meeting. 1. Do you understand the requirements of your job? 2. What duties and responsibilities should you have (or not have) to make you more effective? 3. What are your strengths as it applies to your current job? 4. What are some of the things you would like to improve or change within your department? 5. What are your goals for next year and what action will you take to accomplish these goals? 6. Suggest actions you would like your supervisor to take to help you accomplish your goals? 7. What skills do you have which you feel could be better utilized on the job? 8. What have been your major performance accomplishments in the last year? List some contributions you have made to your department's goals/efforts? 9. What have been your major disappointments with your performance in the last year? 10. What could you, your supervisor and/or the City do differently to help you better perform your job? 11. In what areas do you feel additional education, training/development would be beneficial? 12. What other comments or suggestions should be addressed in this review? i ~ U U m-ldovawee Performance Appraisal. Supervisory EMPLOYEE DATA. NAME: DATE: CLASSIFICATION TITLE: DEPARTMENT: REVIEW PERIOD: FROM TO EMPLOYEE SIGNATURE: BATE: 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: DATE: DEPARTMENT DIRECTOR: DATE: I. R. APPROVAL: DATE: CITY MANAGER: DATE: MEN INSTRUCTIONS The purpose of the performance appraisal is to: Communicate performance goals, standards and expectations Evaluate employee performance against job. standards and expectations o Provide written documentation of employee performance Assist with the development and training of employees e Create a dialogue between supervisors and employees on job performance matters Evaluate each "Category" of performance. Use the "Rating Categories" sheet (following page) and assign one rating on the line provided under "Rating" for each performance category (i.e. Organization & Planning). To the left of each numbered characteristic is a line. These lines are for the optional use of the rater. You do not need to rate each characteristic, only to provide one overall rating as described above. Managers are expected to follow appropriate safeguards to assure that the performance appraisal is available only to those who have a need and right to have access to the evaluation. When conducting a performance evaluation/appraisal meeting, it is recommended that the manager. 1: Explain the purpose and your agenda for the meeting. 2. Encourage response from the employee and two-way communication. 3. Mutually review performance expectations. 4. Discuss your ratings using specific examples. 5. Recognize areas of achievement/goals met, and identify opportunities for improvement. 6. Explore career progress and- determine developmental/training needs. 7. Plan performance for the next review period. 9 -2- RATING CATEGORIES -'Supervisory Staff EXCEEDS EXPECTATIONS = EE Employees performance consistently exceeds performance criteria or standards for all aspects of the job. Employee performs even the difficult and complex parts of the job competently and thoroughly, including extra or unique tasks. In measurable accomplishments, employee's productivity regularly surpasses the required output. Decisions and recommendations are usually sound and may involve high risk areas. Employee is innovative and initiates, plans for, accurately prioritizes and accomplishes the work, and often takes action on his/her own to implement solutions without requiring prior direction. MEETS EXPECTATIONS = ME Employee's performance fully meets performance criteria or standards for practically all aspects of the work. In measurable accomplishments, employee's productivity meets and may occasionally surpass the required output. Performance is steady, reliable and competent. Decisions and recommendations are usually sound and generally in the moderate risk or structured areas within the duties. While the employee may exercise initiative and innovation in meeting the work, guidance and direction may be warranted to assist the employee in prioritizing duties and maintain productivity schedules. DOES NOT MEET EXPECTATIONS = DN Employee's performance does not meet the performance criteria or standards of the aspects of this job. Goals are not achieved or are met with only a minimum level of acceptability. In measurable accomplishments, employee's productivity is consistently below the required output. Employee is usually reluctant to take action on his/her own unless specifically directed. Employee is reluctant to make decisions or recommendations, or if made, they are often not sound and are usually low-risk or highly routine. Corrective action is necessary to improve the rating within the next reporting period. DEVELOPING = DEV Employee has not yet achieved full effectiveness but is in a training or developmental mode AND the rate of growth is proceeding at a satisfactory rate. -3- 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 Mating SELECT RATING: 4 1. Establishes clear objectives and measures for self and others 2. Monitors process, progress and results appropriately 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 6. Foresees changes and trends relevant to area of responsibility. 7. Adheres to schedules and plans 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 11. Contingencies are anticipated and alternate plans are in place when contingencies arise 12. Demonstrates effective problem solving skills 13. Current work plan is tied into future years 14. Allocates and/or adjusts resources in response to workload and priority changes Additional comments/performance standards: -4- 71 Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Administration i8atir SELECT RATIIVC• ,5• 6~ 1. Maintains controls over areas of responsibility 2. Clearly defines responsibilities and authority limits to employees 3. Delegates authority and responsibility appropriate!y 4. Displays knowledge and expertise of sound management practices 5. Anticipates major challenges, issues and projects 6. Understands role and responsibilities 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 10. Makes decisions in timely manner that demonstrate good judgement and common sense 11. Notifies all affected parties prior to implementing decisions 12. Generates ideas and creative solutions 13. Exhibits effective and timely decision making skills 14. Follows up on problems and decisions 15. Executes directions and plans received from supervisor independent of personal likes/dislikes 16. Accepts criticism and feedback with minimum defensiveness 17. Ensures work is conducted in accordance with established laws and regulations 18. Promotes effective security practices and occupational safety and health in the work environment Additional commentslperformance standards: -5- Category: Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Employee Relationships / Development Rating .'5.' 5 SELECT I~TITIG. 1. Selects competent employees 2. Trains and develops employees. 3. Flexibly adjusts administrative techniques and styles when working with employees of different skills and abilities 4. Periodically meets with employees to share information which will affect them 5. Effectively works with and leads diverse groups 6. Encourages continuous growth and learning in others 7. Performance standards are highly developed, understood and communicated to employees 8. Shares negative performance feedback that is timely and direct 9. Shares positive performance feedback that is timely and direct 10. Timely and comprehensive performance evaluations are conducted 11. Develops teamwork and confidence with co-workers and subordinates 12. Provides guidance, support, and motivation to staff 13. Staff have training to adequately perform job tasks as well as to back up each other 14. Staff are encouraged and provided opportunities to increase job skills 15. New employees receive optimal training and orientation for their position Additional comments/performance standards: -6- 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, 1. Has effective working relationships with Council, City Manager, and other executives 2. Effectively communicates up, down and across departmental lines 3. Communicates ideas persuasively 4. Shows appropriate assertiveness in expressing and advocating points of view 5. Gains support and commitment from others 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 properly supported 9. Makes verbal presentations on matters of responsibility effectively to varied audiences 10. Able to see other's viewpoints 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. Leadership Rating SELECT RATING: 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 risks 5. Encourages others to take risks • 6. Supports the decisions of others when appropriate 7. Translates the City's/department's vision into actionable plans & direction 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 12. Sets an example for others 13. Demonstrates the initiative to learn and accept new challenges 14. Promotes diversity efforts, awareness and appropriate conduct 15. Has effective working relationships with community groups and leaders 16. Is effective is motivating others and firm 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 21. Actively supports the City's mission and values Additional comments/performance standards: -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: 1. 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/perfFormance standards: 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. 1. Effectively delegates theta supervises performance 2. Is able to effectively and appropriately schedule work assignments of subordinates 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 8. Handles disciplinary measures in an appropriate manner 9. Understands his/her role as a supervisor/manager/director Addidonai comments/performance standards: J Category Consider the following performance indicators in this category. Other performance standards or indicators may be added as determined by the evaluator. Job Knowledge Rating SELECT RATING: 1. Property applies skills and knowledge of the techniques, procedures, products and materials to perform quality work 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 improvement of the department/work unit. 7. Has the ability and versatility to manage most circumstances 8. Identifies and corrects problems. 9. Paperwork is complete, correct and timely Additional comments/performance standards: -11- MEMORANDUM afl' 3~,csin.e5s CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council Members FROM: Bill Monahan DATE: April 23, 2002 SUBJECT: Department Head Life Insurance Background . Presently, each of our six department heads and the City Manager have the option of the City funding additional term life insurance coverage. In the case of department heads, the coverage equals two times the annual salary. In the case of the City Manager, the employment contract provides for a City contribution of a fixed amount $1,000 toward coverage. For a variety of reasons, only three of the six department heads accept the term life benefit. Reasons given for not accepting coverage include: 1) the tax consequences of accepting the coverage are too high; 2) the department head already has a universal life insurance policy or some other coverage that he or she is satisfied with; or 3) the department head would prefer some other benefit such as long-term care coverage. I would like to explore providing options to department heads rather than offer only term life insurance coverage as with the current program. This memo will discuss options for Council consideration. Options I propose that the individuals filling the seven positions of department head and City Manager have the ability to choose one or more options to utilize their life insurance benefit. I further propose that the life insurance benefit be expanded to include long-term care coverage. The options I suggest be established are 1) Life Insurance Coverage- The cost of coverage varies for each department head based on age. I suggest that a fixed amount be set for the City's contribution. Based on information provided to me by Sherrie Burbank of Human Resources, the estimated cost of life insurance coverage for our six department heads, as of July 1, 2002, ranges from $91.37 to $719.43. The three department Department Head Life Insurance April 23, 2002 Page 2 heads presently accepting City coverage range from a cost of $563 to $695, estimated to rise to $583 to $719 for the coming year. Again, these rates apply to the cost of life insurance at a value of twice the annual salary of the individual. I propose that Council allow each of the six department heads to receive City contributions toward life insurance coverage up to $750 annually. The level of coverage limit would be based on no more than three times the employee's salary, at a cost not to exceed $750. 2) Method of Payment of Life Insurance Coverage-- Presently, the City pays for department head life insurance coverage on behalf of the employee. A few years ago, I suggested to Council a different approach for my life insurance. Council agreed to pay me the lump sum of $1,000:Which I apply to my term coverage. Utilizing this method of payment, my federal tax consequences are less than if the City paid directly for the coverage. I suggest that Council consider making this option available to department heads-reimbursement of up to $750 annually upon showing that the premium was paid directly by the department head. 3) Type of Insurance- Some department heads may prefer applying life insurance payment to universal life insurance rather than term. In fact, some of our department heads may have an existing universal life insurance policy that they began paying for prior to employment with Tigard. The department head may prefer to apply their Tigard life insurance benefit to their universal policy. I suggest that department heads have the option of applying their life insurance allocation to a universal life policy. The amount allowed would be determined by the 'Yormula" described for term coverage in Item 1 above. 4) Long-term Care Coverage- Long-term care coverage has appeal for some department heads instead of life insurance. Such care can be quite costly. The sooner an individual begins paying for this type of coverage, the lower the cost. Estimated long-term care costs for our department heads as of July 1, 2002, varies from a "low range" of $972--$1,401 to a high of $1,731 to $2,080. Obviously, the range is determined by the provider of the coverage and the level of care sought. My recommendation is that the City provide a lump sum payment to a department head which is reimbursement for a portion of the long-term care secured by the Department Head Life Insurance April 23, 2002 Page 3 department head. Presently, the City does not have an arrangement with a coverage provider. Human Resources recommends that if Council makes this coverage available to department heads, have the department heads be responsible for obtaining their own coverage. In that way, the coverage can be tailored to the individual's needs. 5) Choice of More Than One Option- If Council chose to allow a fixed amount of payment, say the cost of term insurance equal to three times the individual's salary, not to exceed $750, or to simplify matters - a flat amount of $750, 1 suggest that the individual department head be able to allocate the amount to more than one benefit. For instance, the department head could choose to contribute some of the benefit to long-term care insurance and some to their universal life coverage. I would be pleased to discuss this memo and the options contained herein with Council. Establishing options for department head benefits should assist us to have a more competitive salary and benefit package. I would like to make any change effective July 1 or when the individual department heads' insurance coverage periods reach the renewal dates. I:UIDWILMM M MMAYM & CC=020EPT HEAD LPE INSURANfAMM Agenda Item No. Meeting of 4. 23 -02- A pF/ ,t L I NATIONAL POLICE WEEK Week of May 12 -18 , 2002 POLICE MEMORIAL DAY ' May 15, 2002 WHEREAS, The Congress of the United States of America has designated the week of May 15th 1. qr to be dedicated as "National Police Week"and May 15th of each year to be "Police Memorial Day;" and t )IU i i WHEREAS, The law enforcement officers are our guardian of life and property, defenders of the individual right to be free men, warriors in the war against crime and dedicated to the preservation of life, liberty and the pursuit of happiness; and dz WHEREAS, The Oty of Tigard desires to honor the valor, service and dedication of Its own police , officers; and " WHEREAS, it is known that every 57 hours an American Police Officer will be killed in the line of• 1.: duty somewhere in the United States and 187 officers will be seriously assaulted in the performance of their duties, our community joins with other cities and towns to honor all peace officers everywhere; and NOW, THEREFORE BE IT RESOLVED THAT 1, )lm Griffith, Mayor of the City of Tigard, Oregon, do hereby proclaim the week of May 12 to May 18, 2002 as NATIONAL POLICE WEEK ip and May 15, 2002 as POLICE MEMORIAL DAY In Tigard, Oregon and call upon all our citizens in this community to especially honor and show our ' t sincere appreciation for the police officers of the City by deed, remark and attitude. I call upon all our citizens to make every effort to express their thanks to our men and women who make it e _ possible for us to leave our homes knowing they are protected by men and women willing to y sacrifice their lives if necessary, to guard our loved ones, property and government against all who ' would violate the law. i Dated this day of 2002. IN W ITN ESS H EREOF, i have hereunto set my hand and caused the Seal of the Oty of Tigard to tp ~ be affixed. )amen Griffith, Mayor City of Tigard Y Attests r City Recorder 3 O ~t 1 ~ , i ~ f ~ ~,a' ` ~ ,e j per. r Agenda Item No. 2. 2 - 1Vleeting of 523-0.22 0 A AT1 AP%L IN r PROC L %j Be Kind to Animals Week ; YN i11~ is !SII~~" WHEREAS, Oregonians benefit tremendously from our animal friends, who give us ( companionship and great pleasure in our daily lives; and ' y. WHEREAS, we have a firm responsibility to protect these fellow creatures from need, pain, fear and suffering; and WHEREAS, we recognize that teaching attitudes of kindness, consideration and respect for all living things through humane education in the schools and the community helps to provide e the basic values on which a humane and civilized society is built; and WHEREAS, we are deeply indebted to the Oregon Humane Society for 134 years of Invaluable service in caring for homeless animals, instilling human values in our children ` through education programs, and promoting a true working spirit of kindness and consideration for animals in the hearts and minds of all people; and WHEREAS, we depend greatly upon our animal control agencies, veterinarians and other organizations that provide humane care for animals; and 4;`t ak WHEREAS, May 5 - 11, 2002 is set aside to observe nationally the philosophy of kindness "'u= q to animals. NOW THEREFORE BE IT RESOLVED THAT 1, Mayor James Griffith of the City of Tigard, Oregon, do hereby proclaim the week of May 5 - 11, 2002 as p ~'r• Be kind to Animals Week in Tigard, Oregon and urge our citizens, businesses and organizations to join in this observance. Dated this day of 2002. r 4 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of s Tigard to be affixed. a~.. „x James Griffith, Mayor iinl'F City of Tigard Attest: ~ :ie?AII~~ City Recorder x AGENDA ITEM NO.2 • VISITOR'S AGENDA DATE : APRIL 23, 2002 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED No V; VISIT'OR'S AGENDA Page 1 Em _M 1111 j AGENDA ITEM FOR AGENDA OF Apri123, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUNEVIARY ISSUE/AGENDA TITLE Receive and File: Council Goal Update PREPARED BY: C.Wheatlgy DEPT HEAD OK _ CITY MGR OK ISSUE BEFORE THE COUNCIL Update on the progress of the Council goals for the first quarter of 2002. STAFF RECOMMENDATION Receive and file the update. INFORMATION SUMMARY Attached are brief summaries of the progress made in the first quarter of 2002 on the Council goals developed by the Council in January 2002. OTHER ALTERNATIVES CONSIDERED Y N/A VISION-TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning goals are identified throughout the goals and tasks developed by the City Council. FISCAL NOTES N/A I:~ADWCITY COUNCIUCOUNCIL AGENDA ITEM SUMMARIES\COUNCIL GOAL UPDATE -0-23-02.DOC Q-1, 2002 Update Tigard City Council Goals GOAL I TRANSPORTATION GOAL 2-PARKS & RECREATION GOAL 3-DOWNTOWN GOAL 4-WATER GOAL 5-GROWTH MANAGEMENT GOAL 6-LIBRARY GOAL 7-COMMUNICATION In consideration of the 2002 Goals, the City Council stated the following: "The present state of the economy is a concern that could impact the council's completion of the 2002 Goals. Each of the 2002 Goals could be impacted if the state, federal, or local economic situation results in a decrease in available funds for Tigard operations and projects." ® Q-1, April 2002 Update Tigard City Council Goals 2_ Engineering/Community Development: Gus/Jim GOAL 1: TRANSPORTATION A. Explore funding sources for transportation needs. Funding for maintenance and capital are needed for the following- 1. Roads 2. Trails/Bicycles 3. Pedestrian Safety (Sidewalks, streetlights, crosswalks) 4. Bridges B. Work with Tri-Met to develop intra-city bus service and Park-and- Ride locations. C. Work with ODOT on state-funded facilities. Q-1, April 2002 Update Goal I.A.1. Roads The Transportation Financing Strategies Task Force met on February 21 s' and approved the draft Street Maintenance Fee Study Report with modifications. The Task Force recommendations were presented to City Council at the March 19, 2002 Workshop Session. The Task Force recommended meetings with major businesses that would be the most affected before Council decides on whether or not to implement the fee. After presentation and discussion, Council directed staff and the 'T'ask Force to conduct meetings with those businesses to explain all relevant aspects of the fee and to answer any questions that may arise. This process will occur during the next few months. The following are the next steps for possible implementation of the Street Maintenance Fee- • April through June 2002: Meetings with some of the commercial entities that would be charged the most based on our fee calculations • July 2002: Bring back Street Maintenance Fee to Council for further discussion and direction • August/September 2,802: Take action to implement fee if that is the Council direction. The Task Force will continue to meet this calendar year to explore alternative sources of funding for major street improvements. Potential sources could become feasible with the implementation of the Street Maintenance Fee. State gas tax funds freed up by the Fee could be used to float revenue bonds or obtain a loan from the Oregon Infrastructure Bank for the construction of major street projects. Q-1, April 2002 Update J6~k Tigard City Council Goals 3 Q-1, April Update GOAL I.A.I. contd. Goal I .A.2-3. State gas tax funds freed up by the Stre-et Maintenance Fee could be used to construct new sidewalk at key locations, install embedded crosswalk lighting at selected locations, and provide for installation of new street lights on collectors and at critical intersections lacking that lighting. These are all projects that cannot now be programmed because of the lack of funds. Goal I.B. Provided information on potential bus stops and existing infrastructure at those locations to the Community Development Department for the review of potential transit service in the City. Will continue to work throughout the calendar year with the Community Development Department in providing information to support requests to Tri-Met for intra-City service, and for enhancement of service on existing routes. Transit Action Plan inventory and preliminary prioritization is complete. Waiting for census data on low-income population to finalize prioritization and analysis. Will be discussing Action Plan and program development with Tri-Met. Anticipate bringing Action Plan to Council for review and adoption in late Summer. Goal I.C. Notified ODOT of observed discrepancies or problems within the state facilities as follows: Reported faded striping on the Highway 217 overpass on Greenburg Road to ODOT. ODOT responded by stating the work would be added to their striping program. The work has not yet been performed. We will follow up with ODOT verbally and in writing until the problem is resolved. Requested restriping of the crosswalk on Hall Boulevard on the southbound approach adjacent to the Safeway store. The existing crosswalk markings were removed when ODOT resurfaced that intersection approach. This was requested over 3 months ago and has been turned over to ODOT maintenance for action. The work has not yet been performed. ■ Submitted the expansion of Hall Boulevard to 5 lanes from Highway 99W to Durham Road for the $400 ODOT bond issue. The project was rated 16'h in the final ratings and did not make the list for implementation. We will continue to look for opportunities to support the upgrading of ODOT facilities such as Hall Boulevard, Highway 217 and Highway 99W. ® Q-1, April 2002 Update Tigard City Council Goals 4 Community Development/Public Works: Jim/Ed GOAL 2: PARKS AND RECREATION A. Complete master plans for city parks (Summerlake, Fanno Creek Park expansion, Dog Park, etc.) B. Continue to work with and support the Youth Forum and youth activities (before and after school programs, Skateboard Park Committee). Q-1, April 2002 Update Goal 2.A. Summerlake Park There have been four (4) Park Master Plan community, public input meetings pertaining to the Summerlake Park Master Plan (September 30, 1999, November 18, 1999, October 4, 2001 and December 5, 2001). Approximately twenty-five (25).people attended each meeting. The public input process has been completed and has resulted in the development of a proposed Surnmerlake Park Master Plan, which will be presented to the City Council for approval during the next quarter The first project, if approved by City Council, will be the addition of an off-leash dog area. The development of the rest of the park, if approved by the City Council, will begin in FY 2003-04. The remaining proposed projects are: site preparation, irrigation systems, renovation of the existing ball field, parking, two children's playgrounds, water play area, pathways, covered picnic tables, landscaping, restroom, and a new maintenance building. The cost estimate for the proposed projects is $801,020 (does not include maintenance building). Cook Park Cook Park expansion, phase one development, has been completed. Projects completed are: parking lot, 85"' Avenue emergency access road, gazebo, butterfly meadow, sports fields, landscaping, and trails. Phase two development projects include the following: picnic shelter, tot lot playground, restroom facility, restroom/concession facility, maintenance building, additional parking, and infrastructure. Phase two has been awarded and construction will begin in April and be completed in November. Woodard Park, New development at Woodard Park will consist of a tot lot, playground, and picnic shelter. The tot lot and picnic shelter will be installed this fiscal year. The playground will be installed in FY 2002-03. ® Q-1, April 2002 Update Tigard City Council Goals 5 Q-1, April 2002 Update GOAL 2.A. cont'd. Dog Park, The Coe Manufacturing site has been mapped by City engineering and cost estimates are currently being put together. The formal agreement with the landowner has been signed. As set forth in the agreement with the owner, the name of the Dog Park will be "Potso Dog Park". The name is in honor of the General Manager's dog. A site design meeting was conducted with the Dog Park Committee on January 7. Design interests focused on perimeter fencing & gates, entry area, signage, furnishings (picnic tables and benches), identification of parking spaces, interior perimeter mulched path, smaller interior fenced area for small dogs and puppies, drinking area for dogs and landscaping. The conditional use permit hearing is scheduled for April 15. Construction will begin as soon as the conditional use permit process is complete. Construction is scheduled to be completed, and will be opened to the public by June 15. Summerlake Park Continue to work with and support the Youth Forum and youth activities (before and after school programs, Skateboard Park Task Force). Skateboard Park Task Force Recent meetings of the Task Force have focused on the site- design/cost estimate process. On February 20, a general membership meeting was conducted. Approximately so people attended the meeting. The kids that attended the meeting participated in an exercise to determine what type of features they wanted to see in the Skateboard Park. An RFP to secure architectural design services was prepared and released on February 20. The city received five responses and they are currently being reviewed. It is anticipated that an architect will be hired no later than May 27. The architect-led design process will take eight to ten weeks to complete and will consist of three public meetings which will be widely publicized. Goal 2.13. Continue to work with and support the Youth Forum and youth activities (before and after-school programs, Skateboard Park Committee). An expanded after-school program started at Twality Middle School on January 14. Representatives from the League of Oregon Cities, Washington County and the City of Tualatin spoke to the Youth Forum at the February 12 meeting about Youth Advisory Councils. The Youth Forum will pursue formation of a Youth Advisory Council in the coming months. The expanded after-school program is being offered at Fowler as well as at Twality until the end of the school year. Grant sources are being explored to continue the program in September. Q-1, April 2002 Update Al~k Tigard City Council Goals 6 Community Development: Jim GOAL 3: DOWNTOWN A. Plan for the commuter rail station. B. Review zoning and comprehensive plan standards in the downtown. C. Work in conjunction with the Tigard Central Business District Association, Tigard Area Chamber of Commerce, and other interest groups on a downtown redevelopment plan. Q-1, April 2002 Update Goal 3.A.B.C. Staff is preparing a presentation on key issues related to downtown planning efforts for the May 81' Blue Ribbon Task Force. Q-1, April 2002 Update Tigard City Council Goals 7 Public Works: Ed GOAL 4: WATER A. Continue to evaluate options for a long-term water supply. Q-Z, April 2002 Update Goal 4.A. Bull Run Regional Drinking Water Agency Phase 2 of the study is underway. A consulting team of MSA/ IUG & CH2MHill have been selected by. the 13 participating agencies to address those questions and issues that were recommended for further study in Phase 1. The Technical Advisory Committee chaired by Ed Wegner meets weekly and the Policy Steering Committee meets monthly to keep the project moving toward the August/September date for completion of the report. Once the four work groups get further along, we will update the IWB and City Council on areas of governance/legal, finance, engineering and public involvement. Joint Water Conmission Our intertie with Beaverton should be completed by mid summer, and judging by the current filling pattern of the Scoggins reservoir, we should be able to purchase summer surplus water from the JWC. The feasibility study for the Tualatin Basin is moving forward. We have set the evaluation criteria and are now looking at the list of alternatives. This spring and summer the consultant will do the field work portion of the study. ® Q-1, April 2002 Update Tigard City Council Goals 8 Community Development/Administration: Jim/Liz GOAL 5: GROWTH MANAGEMENT A. Continue to evaluate the results of the Bull Mountain study and discuss the findings with the residents. Cooperatively develop a course of action. B. Monitor the progress of the Durham Quarry development, receiving regular council updates. C. Consider ways to support the provision of affordable housing. D. Actively support implementation of the Washington Square Regional Center Plan. E. Evaluate the need and feasibility of having the Tigard Post Office Branch become the Tigard Post Office. Q-1, April 2002 Update Goal 5.A. Staff is working with Washington County to develop a scope of work and public outreach, including a value poll, for an annexation plan. Goal 5.B. In March, Council reviewed and signed the intergovernmental agreement with Tualatin and Washington County. Goal 5.C. On February 19, Council discussed the adoption of new strategies to encourage affordable housing. Council decided to consider the creation of a special fund or set-aside to offset fees and charges imposed on affordable housing development as a part of the regular budget process. Council also decided to consider the allocation of $500 to continue the City's membership in the Housing Advocacy Group (HAG). Goal 5.D. Staff is developing a Washington Square Regional Center Implementation Program. The internal funding group meets monthly to develop a funding strategy program for Council review by July. ® Q-1, April 2002 Update Tigard City Council Goals 9 Library: Margaret GOAL 6: LIBRARY A. Council members will individually support promotion of the library construction bond. Q-1, April 2002 Update Goal 6.A. Council members have participated in several presentations about the new library to groups and organizations throughout Tigard. Several Council members took part in the library site master plan meeting for the community on March 5. Mayor Griffith featured the new library project presentation at his Blue Ribbon Task Force meeting in March. ■ Councilor Patton participated in an editorial board meeting with the Tigard Times, along with the City Manager, the Library Director and a citizen member of the New Tigard Library Construction Committee. ■ Through public meetings with the Construction Committee and the Library Board, Council members have helped focus public attention on the bond measure and proposed new library. ■ Council members, both individually and as a group, have advanced the City's public information efforts through televised programs on TVCA. Q-1, April 2002 Update Jg~,k Tigard City Council Goals 10 Administration: Liz GOAL 7: COMMUNICATION A. Continue to meet with local, county, regional and state partners. B. Continue to improve and expand communication with Tigard citizens through the CIT program, Cityscape, Website, cable, media, Community Connectors, and other means. C. Support English-as-a-Second-Language programs in Tigard. Q-1, April 2002 Update Goal 7.A. Annual meetings are scheduled with the Budget Committee, Planning Commission, Library Board, School District Board, Senior Center Board, and Tualatin Valley Fire and Rescue District Board. The Tigard High School Student Envoy reports to Council at the first meeting each month on school activities. The State Representative and Senator give periodic updates to the City Council over cable television, more often during the legislative session. During the last quarter, the Council met with the Planning Commission and the Library Board. Goal 7.B. CITs- The June, July, August and September meetings may be taped to air later. Attendance is declining at the evening meetings to an average of 10 per meeting. The meetings will still be public but taping during the day will be a more efficient use of staff resources and allow for a variety of formats in one program. Cityscape- The format of the newsletter will be updated with added features beginning in June 2002 Website- Content on the new Website is updated very quickly. A new feature to preview upcoming Council meeting agenda topics is in the works. Cable- City staff and volunteers are being trained to operate the civic studio cameras and produce and direct cameras. In the last quarter, two programs were produced about the Tigard Library. The City's 401n birthday showcase production also aired. ME Q-1, April 2002 Update Ji~k Tigard City Council Goals 1 1 Q• 1, April 2002 Update GOAL 7.B. cont'd. Media- Press releases continue to be issued weekly. Approximately 77% are printed. Community Connectors- Two connectors were added In the last quarter, both representing areas on Bull Mountain. Goal 7.C. Support "English as a Second Language" programs in Tigard. In the last quarter, the library received a $16,200 Library Services and Technology Act grant for its Innovative "Hispanic Youth Initiative" project. The funds will help enhance collections and services for Hispanic populations wi*h a focus on young adults. A Hispanic Teen Advisory Group will be formed to advise the library as it expands Spanish language and English language learning materials including two computer work stations that will feature computer tutorials-English language learning software and Spanish language applications. AGENDA ITEM # FOR AGENDA OF _April 23.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Receive and File the Annual Solid ~Waste Financial Report Findings PREPARED BY:_ Tom Imdieke DEPT HEAD OK CITY MGR OK l<SSt>F BEFORE THE COUNCIL Tigard Municipal Code requires that the City Manager prepare a report to the Council by April I" on the solid waste franchisee financial reports and propose rate adjustments, if any. STAFF RECOMMENDATION No rate adjustment is necessary at this time based on the review of the annual reports for calendar year 2001. INFORMATION SUMMARY The annual solid waste financial reports have been submitted by the franchised solid waste haulers in the City of Tigard. An aggregate report summarizing the data is attached to this summary. The aggregate rate of return for the haulers was calculated to be 9.65 This rate falls within the acceptable range established by the Council of 8% to 12%. Please see attached memo for further detail. OTHER ALTERNATIVES CONSIDERED No alternatives available, this report is required by Tigard Municipal Code. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable ATTACHMENT LIST Aggregate franchise hauler financial report and explanatory cover letter. FISCAL NOTES None MEMORANDUM TO: Sill Monahan, City Manager FROM: Tom Imdieke, Financial Operations Manager RE: Solid Waste Financial Annual Report for 2001, DATE: March 29, 2002 As required by Tigard Municipal Code (TMC) 11.04.090, the two franchised solid waste haulers in the City of Tigard service area have submitted their annual financial reports for the year ending December 31, 2001. The TMC also requires the City Manager to prepare a report to the Council by April 1 on the franchisee reports and recommend any rate adjustments that might be required based on the review and analysis of the reports. I have reviewed the annual financial reports and prepared an aggregate report that is attached. The aggregate rate of return for the haulers was 9.65%. The Council's policy on allowable rate of return provides for rate adjustments if the aggregate profit rate falls below 8% or is over 12%. This policy assumed that the rate of return would be calculated using the business results of all drop box activity that was under the franchise agreement which included that portion of the drop box business now covered under the residual solid waste ordinance. The rate of return for 2001 was calculated using this portion of the solid waste business as well. Therefore, based on the intent of Council policy and the calculated return of 9.65% for the calendar year 2001, a rate adjustment would not be required at this time. cc: Craig Prosser Loreen Mills City of Tigard, Oregon Franchised Solid Waste Haulers Financial Reports For Year ended December 31, 2001 (Aggregate Report) (includes Drop Box Business under City of Tigard Residual Ordinance) Direct Calendar Labor Year 2001 Hours Indirect Cost Drop Boxes $1,191,235 Operating Revenue $2,099,137 Operating Costs 2,424,388 14,380 $343,892 Net Income ($325,251) 15.49% Can/Cart Services Operating Revenue Residential $2,351,635 Multi-Family 2,725 Commercial 85,888 Operating Costs 1,412,020 9,802 $234,411 Net Income $1,028,228 42.14% Container Services Operating Revenue Residential $25,909 Multi-Family 879,686 Commercial 2,302,898 Operating Costs 1,892,892 10,410 $248,951 Net Income $1,315,601 41.00% Residential Recyccing Services Operating Revenue $8,949 Sale of Recyclable Material Rever 11,125 Operating Costs 572,397 7,140 $170,750 Net Income ($552,323) -2751.43% Multi-Family Recycling Services Operating Revenue $9,783 Sale of Recyclable Material Rever 6,556 Operating Costs 77,725 813 $19,443 Net Income ($61,386) -375.70% Commercial Recycling Services Operating Revenue $30,273 Sale of Recyclable Material Rever 60,922 Operating Costs 426,989 4,464 $106,755 Net Income ($335,794) -368.22% Total Reycling Services Net Income ($949,502) -13.44% Yard Debris Operating Revenue $2,984 Operating Costs 321,353 2,803 $67,033 Net Income $318,369) -10669% Medical Waste Operating Revenue $1,350 Operating Costs 0 0 $0 Net Income $1,350 100% Consolidated Net Income $752,057 Other Revenue 9,367 Other Costs 0 Grand Total Net Income $761,424 Total Revenues $7,889,187 49,812 $1,191,235 Profit Percentage 9.65% E AGENDA ITEM # 4-3 FOR AGENDA OF 04/23/02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Renew intergovernmental agreement for access to the Portland Police Data System _ PREPARED BY: Capt. Gaa L. Schrader DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council renew the intergovernmental agreement for access to the Portland Police Data System (PPDS)? STAFF RECOMMENDATION Renew the agreement. INFORMATION SUMMARY The Portland Police Data System (PPDS) has been the records management system for the Tigard Police Department since 1997. As a participant in a regional system, the information available to the Tigard Police is much more extensive than that available through a single agency records system. Tigard Police crime information is also available to other agencies, making the cooperative effort of public safety more effective. OTHER ALTERNATIVES CONSIDERED Develop and implement a records management system for the Police Department. The cost of this alternative would be more than the annual cost of the agreement and would provide less information to the agency. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Public Safety Coal #1- The community residents, business owners, and service providers will form partnerships to effectively enhance public safety and emergency services. ATTACHMENT LIST Intergovernmental Agreement between the Bureau of Police, City of Portland, Oregon (Provider) and the City of Tigard Police Department (Receiver) (3 sets of agreement) FISCAL NOTES The cost for the past five years has been $1400 per month. The proposed agreement increases the cost to $2480 per month. This cost is still less than the cost to the city to develop, deploy, maintain, and store its own records management system. 40¢Ti.AN O¢ ~ CITY OF VERA KATZ, MAYOR PORTLAND, OREGON Mark A. 1111 S, .W. 2nd Avenue Portland, Oregon 97204 BUREAU OF POLICE iee~ January 30, 2002 Chief Ronald Goodpaster Tigard Police Department 13125 SW Hall Blvd Tigard, OR 97223 Dear Chief Goodpaster: It is time to update our intergovernmental agreement for access to the Portland Police Data System (PPDS). Enclosed find three copies of a revised contract for PPDS services with our Bureau. If you approve, please sign all three copies and return to me at Portland Police Bureau, Data Processing Division, Room 1156, 1111 SW 2nd Avenue, Portland, OR 97204-3232. We will then obtain the needed signatures on this end and return one original agreement with all signatures to you. The new agreement has some wording changes due to due to state statute reference changes and some changes by our City Attorney's Office. We have also attached the PPDS Security Policy as part of the agreement. The rates for PPDS service have been revised. The new rates pass along a small portion of the cost increases we have incurred, and allow us to continue to provide quality service to the area criminal justice community. If you have any questions please contact Bill Wesslund, Senior Information Systems Manager at (503) 823-0301 or myself at (502) 823-0368. Sincerely, erry L. B Principal Information Systems Analyst Enclosures: 3 intergovernmental agreements for access to PPDS. AN EQUAL OPPORTUNITY EMPLOYER City Government Information TDD (for the hearing and speech impaired) 503/823-6868 WJ 006) nab ~>rw , -110 Ellen Ircy INTERGOVERNMENTAL AGREEMENT +4 f aglm This agreement for services (Agreement) is between the Bureau of Police, City of Portland, Oregon (Provider), 1111 SW Second Avenue, Portland, Oregon 37204, and the (Receiver) City of Tigard Police Department, 13125 SW Hall Blvd, Tigard, Oregon (503) 639- 6168 Fax (503) 684-5654. RECITALS: The Provider and the Receiver desire to enter into this agreement by the terms of which the Provider, through its Bureau of Police, will provide access to its Portland Police Data System (PPDS), a law enforcement information system, to the Receiver, on the terms set forth in this agreement. AGREEMENT: 1. SCOPE OF PROVIDER SERVICES a. Provide access via networked PC computers for inquiry and full entry into the computerized data base files of the PPDS system. b. Provide the necessary programs, access, and data storage so that (Receiver) cases and related information can be entered into PPDS files. C. Produce standard PPDS reports for (Receiver) data; and other reports as mutually agreed. d. Provide standard Oregon Uniform Crime Reporting (OUCR) data for (Receiver) cases to the State of Oregon LEDS/OUCR. e. Provide access via networked PC computers to related criminal justice services as mutually agreed. f. Provide manuals and training to Receiver staff regarding utilization of the computer terminals and procedures for access to PPDS information. g. Perform services related to PPDS access such as liaison with vendors for maintenance service calls, etc. 2. SCOPE OF RECEIVER RESPONSIBILITY a. The Receiver agrees that all its personnel will perform only those PPDS functions authorized, and that it, or its personnel, will not attempt any programming, program modifications, or similar activities within the PPDS system unless specifically authorized in writing by the Portland Police Bureau. b. The Receiver agency agrees, pursuant to the directions of the State of Oregon Law Enforcement Data System (LEDS) and Part IV of the National Crime Information Center (NCIC) Computerized Criminal History, Program Concepts and Policy that the Portland Police Bureau shall establish poiicy and exercise management control over all operations of the PPDS system. 8. In the event of violation of the provisions of this agreement, or violation of the security policy by personnel of the Receiver, the Provider shall have the authority to restrict or prohibit access to the PPDS system by the Receiver agency terminals until resolution of the problem to the satisfaction of the Provider. The Receiver shall be noted in writing of such action, given 30 days in which to cure the violation before access is restricted or prohibited, and there shall be no charge for access during any time that access is prohibited. Page 1 of 11 d. The Receiver agency shall perform data entry of its data into PPDS and shall conform to the standards and procedures established by the Provider regarding such data entry. 3. COMPENSATION The Receiver, as a "full entry" user of PPDS, shall pay to the Provider the amount as set out in Exhibit A: Schedule of Costs. Cost of services shall be reviewed annually, with adjustments made effective July 1, with approval of both parties. Receiver shall be notified of adjustments at least 90 days in advance. 4. BILLING AND PAYMENT PROCEDURE The Provider shall invoice the Receiver quarterly. The Receiver shall submit payment within 30 days of receipt of the invoice from the Provider. 5. EFFECTIVE AND TERMINATION DATES This agreement shall be effective as of July 1, 2002, and shall terminate upon proper notice by the parties as provided in this agreement. 6. PROVIDER CONTACT PERSON For information concerning PPDS services provided under this Agreement, contact should be made with Bill Wesslund, Senior Information Systems Manager, Data Processing Division, Bureau of Police, 1111 SW Second Avenue, Room 1156, Portland, Oregon 97204, 503-823-0301. 7. RECEIVER CONTACT PERSON For information concerning PPDS usage by the Receiver, contact should be made with: Captain Gary Schrader Tigard Oregon Police Department, 13125 SW Hall Blvd, Tigard, OR 97223 (503) 639-6168 Fax (503) 684-5654 8. NOTICE Any notice provided for under this agreement shall be sufficient if in writing and delivered personally to the following address or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receiving party hereafter shall specify in writing: If to the Provider: Rita Drake Bureau of Police Fiscal Services 1111 SW Second Avenue, Room 1202 Portland, Oregon 97204-3232 If to the Receiver: Ronald Goodpaster, Chief Tigard Oregon Police Department 13125 SW Hall Blvd Tigard, Oregon 97223 9. AMENDMENTS The Provider and the Receiver may amend this agreement at any time only by written amendment executed by the Provider and the Receiver. Any change in Number 1, SCOPE OF PROVIDER SERVICES, or in EXHIBIT A, SCHEDULE OF CHARGES, shall be deemed an amendment subject to this section. Page 2 of 11 10. TERMINATION OF AGREEMENT Either party may withdraw and cancel this agreement by providing notice one fiscal year in advance. Either party my terminate this agreement for default upon 60 days notice, provided that party gives the other a 30 day period in which to cure the default. 11. COMPLIANCE WITH LAWS In connection with its activities under this agreement, the Provider shall comply with all applicable federal, state, and local laws and regulations. Specifically, the Receiver agrees to comply with the PPDS Security Policy, as outlined in Exhibit B, with regard to security and privacy regulations affecting usage and dissemination of criminal history and investigative information. 12. OREGON LAW AND FORUM a. This agreement shall be construed according to the law of the State of Oregon. b. Any litigation between Receiver and the Provider arising under this agreement or out of work performed under this agreement shall occur, if in the state courts, in the Multnomah County Court having jurisdiction thereof, and if in the federal courts, in the United States court for the District of Oregon. 13. INDEMNIFICATION Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, and actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributed to the negligent acts or omissions of that party. 14. NOTICE OF CLAIM Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party which may result in litigation in any way related to this Agreement, 15. INSURANCE Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 16. ASSIGNMENT The Provider shall not assign or transfer this agreement, in whole or in part, or any right or obligation hereunder, without the prior written approval of Receiver. 17. ARBITRATION a. Any dispute under this agreement which is not settled by mutual agreement of Receiver and the Provider within sixty (60) days of notification in writing by either party shall be submitted to an arbitration panel. The panel shall be composed of three (3) persons, one of whom shall be appointed by the Provider, one of whom shall be appointed by the Receiver, and one of whom shall be appointed by the two arbitrators appointed by the Receiver and the Provider. In the event the two cannot agree on the third arbitrator, then the third shall be appointed by the Presiding Judge (civil) of the Circuit Court of the State Page 3 of 11 of Oregon for the County of Multnomah. The arbitrators shall be selected within thirty (30) days of the expiration of the sixty (60) day period. The arbitration shall be conducted in Portland, Oregon, and shall be as speedy as reasonably possible. The Receiver and the Provider shall agree on the rules governing the arbitration (including appropriation of costs), or, If Receiver and the Provider cannot agree on the rules, the arbitrators shall adopt rules consistent with this section. The arbitrators shall render their decision within forty-five (45) days of their first meeting with Receiver and the Provider. Insofar as the Receiver and the Provider legally may do so, they shall be bound by the decision of the panel. b. Notwithstanding any dispute under this agreement, whether before or during arbitration, the Provider shall continue to perform its work pending resolution of the dispute and Receiver shall make payments as required by the agreement for undisputed portions of the work. 18. INTEGRATION This agreement contains the entire agreement between Receiver and the Provider and supersedes all prior written or oral discussions or agreements. PROVIDER: City of Portland RECEWAMproi13, By: By: Name: Vera Katz Name Title: Mayor Title: Date: Date; By: By: Cla 2i--Q 0) Name: Gary Blackmer Name: a h ; n %h Title: Auditor Title: City Recorder Date: Date: April 23, 2002 APPROVED AS TO FORM: APPR ED AS TO FO City Attorney, City of Portland ity Attorney, Ci of Tigard Date: Date: April 23, 2002 Page 4 of 11 EXHIBIT A Schedule of Costs Tigard Police Department Tigard, Oregon Effective July 1, 2002 - June 30, 2003 The City of Tigard Police Department (Receiver), as an "full entry" user of the Portland Police Data System (PPDS), shall pay to the City of Portland (Provider) the following monthly amount for PPDS services. Unless other arrangements are made, the Receiver will be billed quarterly. Monthly Costs (Reviewed Annually) System Access and Usage $650.00 per month LEDS Access through PPDS 150.00 per month DP Services and Date Storage 1,500.00 per month T1 Telephone Line Charge 150.00 per month Router Support Maintenance 30.00 per month Total On-Going Costs $2450.00 per month Services Included in the Above Monthly • Full PPDS inquiry access for more than 25 and less than 100 networked PCs and printers at Tigard PD. This includes access to all cases processed by Portland Police Bureau, Beaverton PD, Tigard PD, St. Helens PD, Milwaukie PD, Scappoose PD, and Multnomah County Sheriff. Records from any other agencies that join PPDS will be included. • PPB has developed ePPDS that incorporates Multnomah County mug shots into PPDS. There is no additional cost for this service. • Inquiryaccess to other systems available through PPDS. (i.e., AIRS, RAIN, OJIN, DMV) • Extensive set of tactical, operational and siatisticil management reports. • All OUCR reporting to the State of Oregon. • Full LEDS access through PPDS. • Tactical inquiry capability into all PPDS and Multnomah County data. • Enhanced file transfer capability. • Standard on-request reports and data file. Page 5ofII PPDS services not included in this agreement • Court Coordinator System (Access only, no entry) • Personnel System (No Access) • CAD System (Access to Multnomah County data only) • No MDT/MDC access to PPDS data Additional Optional Services Available All costs are dependent on utilization, and are reviewed annually. Data Entry Staff Training $2,400.00 per person (two week training) PPDS User Training $400.00 (per four hour session and materials) Custom Programming Support Negotiable Additional Considerations • Tigard PD is responsible for maintaining a network environment, which is compatible with PPB standards for delivery of PPDS via frame relay. This includes TCP/IP, Ethernet, PCL capable printers, and terminal emulation software if needed. • All agencies and personnel entering data into PPDS must meet the quality standards established by PPB Records Division, If additional staff training is needed, additional charges would be incurred. (Currently, entry training is charged at $35.00 per hour.) • Any needed facilities costs (wiring, etc.) are the responsibility of Tigard PD. • Terminal emulation software and any other user software costs are the responsibility of Tigard PD. Terminal emulation is not needed for ePPDS. • If PPDS user training is desired, the cost is $400.00 per four-hour session. Approximately eight persons can be trained per session if hands-on training is included. If training is done in a presentation only format, there is no limit to attendees. • Custom programming for work beyond standard requests may be available if requested at an hourly rate. (Currently, programming is charged as $85.00 per hour.) Generally, custom programming requires significant lead-time. • PPDS will develop N113RS reporting within two years. • It may be possible to provide PPDS or a subset to mobile units in vehicles in the future. Costs for this service is not included in this proposal. Page 6 of 11 Exhibit D Portland Police Data System Security Policy I. PURPOSE It is the purpose of this policy to assure that criminal history information, wherever it appears is collected, stored, accessed, and disseminated in a manner to insure the completeness, integrity, accuracy, and security of such information, and to protect individual privacy. II. (DEFINITION OF TERMS As used in this statement of policy: Access means the authority to review or receive information from files, records, and information systems, whether manual or automated. Criminal history record information means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges and any dispositions arising therefrom, including sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system. Criminal justice administration means the performance of any of the following activities: detection, apprehension, detention, pre-trial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of criminal history record information. Criminal justice information means information collected by criminal justice agencies that is needed for their legally authorized and required functions. This is the broadest information term and includes criminal history record information and investigative and intelligence information. It does not include agency personnel or administrative records used for agency operations or management. Disposition means information disclosing that criminal proceedings have been concluded, including information disclosing that the police have elected not to refer a matter to a prosecutor, or that a prosecutor has elected not to commence criminal proceedings, and also disclosing the nature of the termination in the proceedings, or information disclosing that proceedings have been indefinitely postponed and also disclosing the reason for such postponement. Disposition shall include, but not be limited to, acquittal by reason of mental Page 7 of 11 incompetence, case continues without finding, charge dismissed, charge dismissed due to insanity, charge dismissed due to mental incompetence, charge still pending due to insanity, charge still pending due to mental incompetence, guilty plea nolle prosequi, no paper, nolo contendere plea, convicted, youthful offender determination, deceased, deferred disposition, dismissal - civil action, defendant discharged, executive clemency, placed on probation, paroled, or released from convectional supervision. Person means an individual of any age, concerning whom criminal history record information is contained in Portland Police Data System (PPDS), or a person's attorney or authorized representative. Attorney means an attorney at law empowered by a person to assert the confidentiality of right to access the criminal history record information under this policy. Authorized representative means a parent, or a guardian or conservator, other than an attorney, appointed to act on behalf of a person and empowered by such a person to assert the confidentiality of or right of access to personal data under this policy. Dissemination means the transmission of information, whether orally, in writing, or electronically, to anyone outside the agency that maintains the information, except reports to an authorized repository. Intelligence and investigative information means information compiled in an effort to anticipate, prevent, or monitor possible criminal activity, or compiled in a course of investigation of known or suspected crimes. PPDS is an automated criminal justice information system that is operated by the Portland Police Bureau. Through electronic communication devices, PPDS provides for storage and retrieval of criminal justice information stored in local computer data bases and to criminal justice information which are accessible through the Oregon Law Enforcement Data System (LEDS). III. LIMITS ON ACCESS Access to PPDS criminal justice information shall be limited to criminal justice agencies that have executed formal written agreements with Portland Police Bureau, which commit the agencies to abide by the Security Policy herein described. IV. LIMITS ON DISSEMINATION Criminal justice agencies, which are authorized, access to PPDS criminal justice information may disseminate any PPDS criminal justice information directly under the following conditions: 1.) the intended recipient of the information is a criminal justice agency or agent under the definition contained herein: or 2.) The intended recipient of the information is legally authorized access to the specific Page 8 of 11 information pursuant to statute, government regulation, or court order. Any liability that may arise from improper dissemination of PPDS criminal justice information shall rest entirely with the criminal justice agency and individuals that disseminated the information improperly. Dissemination of juvenile criminal justice information shall be restricted as follows: 1.) Information related to warrants, verified suspects, runaways, missing persons, witnesses, or complainants maybe disseminated to criminal justice agencies. 2.) All other information about juveniles shall not be disseminated. Not withstanding any other provisions herein contained, intelligence and investigative information shall not be publicly disclosed so long as there is a clear need in a particular case to delay disclosure in the course of an investigation in accordance with ORS 192.501 et seq. V. ACCURACY AND COMPLETENESS Each criminal justice agency which stores, collects, or disseminates PPDS criminal history record information shall establish procedures to ensure the accuracy and completeness of criminal history record information. No criminal justice history information shall be disseminated until the information has been verified against Computerized Criminal History (CCH) records of the Oregon Law Enforcement Data System (LEDS). All dispositions by a PPDS user agency should be reported to LEDS-CCH within sixty (60) days of their occurrence. No information shall be added to a person's criminal history record in PPDS unless the data is based upon a readily identifiable numbered source document and upon assurance that the information pertains to the individual whose criminal history record is affected. VI. RIGHT TO ACCESS AND CHALLENGE Any individual shall have the right of access to their own criminal history record information that is contained in the PPDS files for the purpose of review and challenge. The Portland Police Bureau shall establish procedures that: 1.) Inform an individual in writing, upon written request, the PPDS criminal history record information concerning her/him; 2.) Make available to a person, upon written request, the PPDS criminal history report information concerning her/him; 3.) Allow a person to contest the accuracy, completeness, or relevancy of her/his PPDS criminal history record information; 4.) Allow PPDS criminal history record information to be corrected upon written request of a person when Portland Police Bureau concurs in the proposed correction; 5.) Allow a person who believes that PPDS maintains inaccurate or incomplete criminal history record information concerning herself/himself to submit a written statement to the Portland Police Bureau setting forth what she/he believes to be an accurate or complete version of that criminal history record information. If, after a review of the statement, the Page 9 of 11 Portland Police Bureau does not concur and does not make the corrections requested in the statement, the statement shall be filed in a manual file in the Portland Police Bureau Records Division under the appropriate PPDS identification number and any subsequent response to a request for PPDS criminal history record information shall disclose the existence of the statement challenging the accuracy or completeness of the PPDS criminal history record information. VII. INFORMATION CONTROL AND RESPONSIBILITY Additions, modifications, and deletions of information stored in the PPDS databases shall be restricted to specifically authorized individuals and electronic devices. Each PPDS user agency will provide the Portland Police Bureau with a list of the persons and the devices. within the agency that will be permitted to access the PPDS files. VIII. SECURITY A. Physical Security - Each PPDS user agency shall be responsible for maintaining the physical security of all electronic devices that are capable of accessing PPDS, as well as any printed output or system documentation which might permit unauthorized access to or use of PPDS from within the agency. B. On-Line Security - The PPDS system provides software to ensure that only authorized individuals and electronic devices can access the PPDS databases or the information available through LEDS. This software may require PPDS users to enter special identification codes and passwords before being allowed to make any inquiry into PPDS files. C. Personnel Security - Any persons having authorized access to PPDS criminal history record information shall be required to complete a personal history statement. After completion of the form, the person will be fingerprinted and a background investigation will be conducted by the user agency. That investigation shall include, but not be limited to, verification of information provided by the person and to public record information, including a check of the PPDS persons file, the Oregon LEDS files, the National Crime Information Center files, and FBI Criminal Identification files. Upon investigation, any person found to have provided intentionally false information in their personal statements, or who are shown to have been arrested and convicted for committing an offense which, under Oregon law, can result in a sentence to a state penal institution for adults, or who are shown to have been arrested and convicted of committing a Class A or B felony as a juvenile in the State of Oregon within the past five (5) years shall be immediately denied all access to PPDS criminal history record information and shall be notified by the investigating agency, in writing, of this action. The person denied access may challenge the denial. If not successfully challenged within thirty (30) days of receipt of notice, the employer of the person shall provide the Portland Police Bureau with written notice that said person is denied access to all devices with access to PPDS files. Portland Police Bureau shall have the right to remove any individual from the list authorized to access criminal history record information. By itself, denial of access to PPDS shall not constitute grounds for dismissal of any employee from her/his employment. Page 10 of 11 IX. POLICY ENFORCEMENT The Portland Police Bureau shall be responsible for the enforcement of this Security Policy. The Portland Police Bureau may delegate certain responsibilities to the Bureau of Information Technology. if the Portland Police Bureau determines that there has been a violation of this Security Policy it may take, but not limited to the following actions: 1.) It may remove individuals from the list of authorized users; 2.) It may restrict an agency's access to PPDS information; 3.) It may temporarily suspend an agency as a PPDS user; 4.) It may terminate all PPDS access by an individual or agency. Willful violation of the provisions contained in paragraphs III and IV of this Security Policy with regard to the dissemination and use of criminal history record information contained in or obtained through PPDS by any employee or agent of the City or any PPDS user agency may result in sanctions by the employer against the individual or individuals who committed the violation. Page 11 of 11 AGENDA ITEM # 44-L4 FOR AGENDA OF April 23, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider an Intergovernmental Agreement with the Watermaster to Perform Flow Monitoring of Summer Creek at the Summer Lake Area. PREPARED BY: G. BMrf DEPT HEAD OK CITY MGR OK - ISSUE BEFORE THE COUNCIL Should City Council approve an Intergovernmental Agreement with the Watermaster to Perform Flow Monitoring of Summer Creek at the Summer Lake Area? STAFF RECOMMENDATION That City Council, by motion, authorize the City Manager to sign the Intergovernmental Agreement. INFORMATION SUMMARY On March 13, 2001, City Council received a report and recommendations from the Summer Lake Task Force. The purpose of the Task Force was to develop and implement a project that would enhance water quality, improve habitat, promote fish passage and enhance Summer Lake Park. The report included a recommendation that the next step should be collection of lake water flow and temperature data. The data will be used to evaluate the relative effectiveness of the preferred option. The proposed agreement would provide the information necessary to evaluate the recommended option. The Watermaster would install and operate flow-gauging stations upstream and downstream of the lake that would collect data from July 1, 2002 through October 31, 2002. Once the Watermaster reports the data to the City, City staff will review the report and recommendations will be submitted to Council. OTHER ALTERNATIVES CONSIDERED Direct staff to discontinue the project. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Letter from the Watermaster Proposed agreement FISCAL NOTES The $5,988 of handing required for the proposed agreement is available from the Surface Water Management hand and is budgeted for the Summer Lake project in this fiscal year. The combined Surface Water Management hands of Clean Water Services and the City are expected to be available in the future to fund the water quality portion of the selected option. 1.1o4yNdelsiaiMyanQa ummary for sww mlab fbvr"WWQ.0oo 0 fegon Water Resources Department [Natermaster District 18 John A. Kilzhaber. M.D.. Governor 111 NE Lincoln St., Suite 220-L Hillsboro, OR 97124 (503) 846-4881 ® 0°~ ~sq~ PAX (503) 846-4887 rj\ February 28, 2002 Greg Berry Engineering Department 13125 SW Hall Blvd Tigard, OR 97223 Dear Greg: Enclosed you will find the IGA for monitoring the sites that you are requesting. Please have all three forms signed and return all to me for the rest of the signatures. I will forward one copy to you when completed. If it looks like this project will proceed, I will meet with you to review the site locations well in advance of the start date. Thanks, les~r,~ G Darrell C. Hedin Watermaster, District 18 a INTERGOVERNMENTAL AGREEMENT ~102 Gs~ This Agreement is entered into, by and between Washington County, a political subdivision of the State of Oregon, and the State of Oregon Water Resources Department through the District 18 Watermaster, and the City of Tigard. WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or all functions and activities that a party to the Agreement has authority to perform. Now, therefore, the parties agree as follows: 1) The effective date is: July 1. 2002, or upon final signature, whichever is later. The expiration date is: October 31.2002; unless otherwise amended. 2) The parties agree to the terms and conditions set forth in Attachment A, which is incorporated herein, and describes the responsibilities of the parties, including compensation, if-any. 3) Each party shall comply with q11 applicable federal, state and local laws; and rules and regulations on non-discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition or handicap. 4) To the extent applicable, the provisions of ORS 279.312, 279.313, 279.314, 279.316, 279.320 and 279.334 are incorporated by this reference as though fully set forth. 5) Each party is an independent contractor with regard to each other party(s) and agrees that the performing party has no control over the work and the manner in which it is performed. No party is an agent or employee of any other. 6) No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar benefits provided by any other party. 7) This Agreement may be terminated, with or without cause and at any time, by a party by providing _ (30 if not otherwise marked) days written notice of intent to the other party(s). Z 8) Modifications to this Agreement are valid only if made in writing and signed by all parties. 9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. 10) Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. PAGE 1 OF 2 - IN'T'ERGOVERNMENTAL AGREEMENT Gm wrrRAcrrkWI% vraCDMESY IUnX4WA.u.tiw Jill r • T 11 j Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 12) Each party agrees to comply with all local, state and federal ordinandes, statutes, laws and regulations.xhat are applicable to the services provided under.this Agreement. 13) This.Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated therefor. . 14) This writing is intended both as the final expression of the Agreement between the parties with respecLto the included.tetms and as a complete and exclusive statement of the terms of the Agreement. WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized signatures below. CITY OF TIGARD: STATE OF OREGON acting by and through Watermaster District IS: Signature: Signature: Printed Na James Gr6th Printed Name: -P Ln Title: Mayor Title: Date: April 23, 2002 Date: Address: 13125 SW Hall Boulevard Address: Tigard OR 97223 Mailstop WASHING'T'ON COUNTY: APPROVED AS TO FORM: Signature: Office of County Counsel Printed Name: Title: Date: PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENTowcwrRo=n m^nnccmavoomwwn.,,a.,, ATTACHMENT A Statement of Work /Schedule/ Ayment Terms I. The City of Tigard will provide funding for the installation, and operation.of two stream-elevation gauging stations as further provided in this agreement. The City of Tigard: a. will obtain the necessary easements and access agreements to install and operate said stations. b. will make payment of $5,988 within thirty days of the effective date of this contract, for the total expenses for the project period, which will be payable to Washington County. II. The County will receive funds from the City, allocate the funds to the District 18 Watermaster budget, and act as fiscal agent for Watenmaster expenditures under' this agreement. ffi. The State of Oregon, through the District .18 . Watermaster, will arrange for construction, installation, and operation of two stream elevation recording stations on Summer Lake at a location mutually agreed upon. The State of Oregon Water Resources Department will not contribute money or be held financially liable to contribute money for the installation or operation of the monitoring sites other than Watermaster assistance. The Watermaster: a. will provide and maintain the gauging station equipment for continuous operation. b. will calibrate the stations initially and recalibrate on a regular basis as needed: c. will be the owner of the stations and equipment and be responsible for repair or replacement of vandalized equipment. d. will conduct periodic stream flow measurements and prepare rating tables in association with those measurements. e. will provide a final project report of stage, flow, and water temperature per station. AGENDA ITEM # 1-) CJ FOR AGENDA OF Auri123, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A resolution authorizing continued interim financing for the Dartmouth Street Local Improvement District. PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR. OK ISSUE BEFORE THE COUNCIL Shall the Tigard City Council authorize the issuance of a Bond Anticipation Note to provide interim financing for the portion of the Dartmouth LID assessed to the Martins? STAFF RECOMMENDATION Staff recommends approval of this resolution. INFORMATION SUMMARY A Bond Anticipation Note (BAN) with US Bank was issued on November 30, 1998 to provide interim financing for the portion of the Dartmouth LID assessed to the Martin property. This Note was extended on May 1, 2001. The Martins objected to their assessment and filed a case in court. The suit has been proceeding through the courts, and the Martins and the City are attempting to settle the case. No settlement has been reached, however, and the BAN is due for payment on May 1, 2002. Since the Martin suit has not been resolved, the City has not received payment from the Martins. Because the City has not received payment from the Martins, the City does not have funds to pay off the BANS when due on May 1, 2001. Because the City does not have funds on hand to pay off the BANS on May 1, the BANS must be extended or refinanced. The attached resolution authorizes an extension of the BANs and authorizes the City's Finance Director to set final terms and conditions. The resolution allows the Notes to be issued under one of two State authorizing statutes as determined by the Finance Director. ORS 288.165 allows short-term notes to be issued for not more than 18 months. ORS 271.390 allows Notes to be issued for longer than 18 months. It may be advantageous for the City to issue these notes for more than 18 months so that they do not have to be re-issued as often if the Martin suit is not concluded. The BANs will be pre-payable so that they can be paid off early should the Martin suit be settled before the new Notes mature. OTHER ALTERNATIVES CONSIDERED There are no alternatives to this measure. If the existing BANS are not extended, they will be due and payable on May 1, 2002, and the City does not have the funds to pay the amount due. I ffiJ VISION TASK FORCE GOAL, AND ACTION COMIVIITTEE STRATEGY NA ATTACHMENT LIST Resolution FISCAL NOTES The existing BANs total $2,096,909.87. The increased amount for the new BANS include fees and an amount to cover legal costs accrued. _ AGENDA ITEM # 14. a. FOR AGENDA OF April 23, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Award of Contract for the Construction of Errol Street & Fonner Street - Sanitary Sewer Reimbursement District No. 21 PREPARED BY: Vannie ffen DEPT HEAD OK: A P Du ne as CITY MGR OK: Bill Mo ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Errol Street & Fonner Street - Sanitary Sewer Reimbursement District No. 21? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Dunn Construction, Inc. in the amount of $234,015.00. INFORMATION SUMMARY The proposed project would provide sewer service to 41 lots along Errol and Fonner Street (between 112'h and Tiedeman Avenue) through Sewer Reimbursement District No. 21 of the Neighborhood Sewer Extension Program. Through this program, the City would install public sewer to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,335 before connecting to the line. Each owner would also be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Council authorized formation of Sewer Reimbursement District No. 21 by approving Resolution No. 02-17 on March 12, 2002. The bid opening for the Howard Drive - Sanitary Sewer Reimbursement project was conducted on April 1, 2002. The bid results are: Dunn Construction Portland, Oregon $234,015.00 CR Woods Trucking Sherwood, Oregon $253,355.95 K&R Plumbing Construction Clackamas, Oregon $266,582.00 Oregon Siteworks Aloha, Oregon $288,670.00 Kerr Contractors Tualatin, Oregon $293,840.00 Kasey Cooper Excavating Boring, Oregon $300,085.25 Emery & Sons Stayton, Oregon $330,584.00 Landis & Landis Construction Portland, Oregon $343,654.25 Miller & Sons Contractors Sherwood, Oregon $418,460.60 Engineer's Estimate $256,100 Dunn Construction is also the lowest bidder on the Howard Drive - Sanitary Sewer Reimbursement District project, which is scheduled for construction at the same time with this one. The contractor indicated that he would provide enough manpower to complete these two projects before the deadline required by the bid documents. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMMEE STRATEGY None ATTACHMENT LIST Project location map FISCAL NOTES The amount of $2,000,000 has been set aside in the approved FY 2001-02 budget for the Neighborhood and Commercial Area Sewer Extension Program. This funding is adequate to award a contract of $234,015.00 to Dunn Construction. iAcitywide\sum\agenda summary for enrol & fonner street - sewer district 21.doc 'lby.'' E~ SEE 1 ~ FoNN ~E~~S C~ ~~~EE i~P~p~1E 1 ERR sf- ER \\Cl 2 Q z a W F d r WALNpt ST Q o a WALNUT T N T W F- ' r ~ „h+ PL = y~P r FANNER QP 107TM pit- GS tA0R0~ Ct p~RRY Y r Q PARK S~ r' AVE v~t0 5 NOY AGENDA ITEM FOR AGENDA OF April 23, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Award of Contract for the Construction of Howard Drive - Sanitary Sewer Reimbursement District No. 22 PREPARED BY: Vannie N DEPT HEAD OK: A. V. Duenas CITY MGR OK: Bill Monahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Howard Drive - Sanitary Sewer Reimbursement District No. 22? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board, by motion, approve the contract award to Dunn Construction, Inc. in the amount of $212,923.00. INFORMATION SUMMARY The proposed project would provide sewer service to 35 lots along James Court (west of Howard Drive) and Howard Drive (between 121St Avenue and Fonner Street) through Sewer Reimbursement District No. 22 of the Neighborhood Sewer Extension Program. Through this program, the City would install public sewer to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,335 before connecting to the line. Each owner would also be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Council authorized formation of Sewer Reimbursement District No. 22 by approving Resolution No. 02-18 on March 12, 2002. The bid opening for the Howard Drive - Sanitary Sewer Reimbursement project was conducted on April 1, 2002. The bid results are: Dunn Construction Portland, Oregon $212,923.00 K&R Plumbing Construction Clackamas, Oregon $218,425.00 CR Woods Trucking Sherwood, Oregon $221,781.00 Oregon Siteworks Aloha, Oregon $258,901.50 Kasey Cooper Excavating Boring, Oregon $263,630.00 Emery & Sons Stayton, Oregon $268,185.00 Kerr Contractors Tualatin, Oregon $273,871.00 Landis & Landis Construction Portland, Oregon $298,733.50 Miller & Sons Contractors Sherwood, Oregon Disqualified Engineer's Estimate $202,500 The bid document required all bidders to be pre-qualified with the State of Oregon, to submit a bid bond for bid over $10,000, to acknowledge the project addenda, and to submit a First-Tier Subcontractor Disclosure form for bid over $75,000. During the bid process, Addendum No. 1 was issued to correct some bid item quantities. This addendum was distributed to all bidders on the plan holder list including Miller & Sons. However, Miller & Sons failed to include this addendum in their bid proposal. Hence that bid was disqualified. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Project location map FISCAL NOTES The amount of $2,000,000 has been set aside in the approved FY 2001-02 budget for the Neighborhood and Commercial Area Sewer Extension Program. This funding is adequate to award a contract of $212,423.00 to Dunn Construction. iAcitywidetsumlagenda summary for howard drive - sewer district 22.doc 1 1 t t I NpW AR R IMP ~®V EMp~ 2 SOORC ~~T DISTRICT REINIBURSEM i, W4t ,":f ZA M? m. VICINITY MAP NSA ERZrE' rN~L~~ScR►C PROP ENT Dr RENBIASEM AGENDA ITEM # FOR AGENDA OF April 23.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUEIAGENDA TITLE Update from the New Tigard Library Construction C gmmittee PREPARED BY:--Margaret Barnes DEPT HEAD OK CITY MGR OK ISSUE BEFORE M COUNCIL Presentation by the New Tigard Library Construction Committee to update the City Council on the proposed new library. STAFF RECOMMENDATION The purpose of this presentation is to provide the City Council information about this project. INFORMATION SUMMARY The New Tigard Library Construction Committee continues to make presentations throughout the community about this project. The architectural model of the proposed new library has often accompanied them. Recent examples of the Committee's efforts to inform the community about this project include presentations at Tigard High School, the Mayor's Blue Ribbon Task Force and local service organizations. The Committee is planning to have the architectural model on display this next month at a variety of locations including Washington Square Mall and the Tigard Farmer's Market. To continue community participation in this p%xt, the Committee held a community meeting on March 5 to share ideas for developing the site of the proposed new library. About fifty Tigard residents met with City staff to discuss ways to design and develop the property surrounding the site located on Hall Boulevard near O'Mara Street. Ideas ranging f -om enviropmental education programs to trail systems and paths were discussed. This community meeting was recorded by Tualatin Valley Community Access (TVCA) and is currently playing on channel 23. Committee members are prepared to answer questions at this meeting. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A i NIA FISCAL N/A AGENDA ITEM # tU FOR AGENDA OF 4/23/02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Police Accreditation RVort RP /I PREPARED BY: Capt. Cary L. Schrader DEPT BEAD OK R OG CITY MGR OK ISSUE BEFORE TBE COUNCIL Progress report on the police accreditation process. STAFF RECOMMENDATION Not Applicable INFORMATION SUMMARY This informational briefing will provide the Council with an update of the Tigard Police Department's progress toward accreditation. It provides an overview of the process and reinforces the value of accreditation to the police department's overall mission and operations. OTBER ALTERNATIVES CONSIDERED Not Applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not Applicable ATTACHMENT LIST Attachment #1: Oregon Accreditation Alliance overview brochure FISCAL NOTES Not Applicable Al IAldi=41 1 award accreditation will be made to the applicants respective Association's governing board, at their W O y ; K) CD next meeting. M o O Review and Decision 0 D r« 0 g The governing board of the respective m C 0; Association will receive and review all PSC o m 3 nominations and enter a decision to award or defer ed accreditation. If accreditation is awarded, the CD M agency is advised by the Executive Director and = a~=; given the opportunity to arrange a date, time, and m m > location where the award can be formally v = fir, _ F.'.•, presented. o ~ 0 A formal accreditation ceremony will be conferred on the agency during the respective Associations annual conference. The ceremony can also be arranged in the agency's jurisdiction if desired. In the event an agency is not granted accreditation, it may request the decision be reviewed. The review will then be submitted to the Executive Board of the respective association for a. final decision. Once achieving state accreditation, the OAA will submit all necessary documents and fees, on behalf of the agency, to the Commission on Accreditation for Law Enforcement Agencies, Inc. iN to receive their Recognition Award. Reaccreditation Agencies electing to continue accredited .Odom status, must provide annual documentation of continued compliance and resubmit to an on-site ANN assessment once every three years. For further information, contact: Executive Director Oregon Accreditation Alliance 1320 Capital Street N.E. Salem, Oregon 97303 800-784- 2867 SkC ACCredlta ► ending The accreditaton process entails four phases to with the inittai application{ 4 award Of are subject beginning decision standards with the final review and revisions of Program exclusively, ,Commission. nt approval of CALEA s s be state accceditat►on~pPli hOn phase: pccreditatiOn Hance is a 161 odified by ency requests of Police The required 95 core stan ard►~ as►Im twat' begins when an ag Director Accreditation Alliance sociatior', Chiefs process Executive The Oregon for Law OAA pCOg d Oregon a part of the Stanards to add Committee The{ram the OAA ation As ,{fort of the Accreditation The professtonathe authority am as the ation will be sent inform and the Commission °n The Alliance supports CALEA• have the prop inform the agency ackage contatns encies, Inc. of the state however, Upon request, The P ent Ag and, in the design model, does, standards to the program. uestionnatre, and Enforcem CA LEA CALEA additional CAl-~ for about profile q The appiicatlon, the goals of followed the CALEA OAA evolves. mandatory forms, fees. then includprogram,ing c the losely exclusive adoption Oregon law are licable instructions, concerning application fee are es all Ali initial 146 that standards are not applicable information and app ofile questionnaire, full CALEA except thos- perform ►rector. Executive D' The OAp` encourag toward agency does not red in the Pr standards. encies to work local supP°~ every the agency be adop returned to the OAA ent Phase: enforcement a9 es as a Of because that may ssessm materials, it serves that status by way Standards licabtlity determined by Self -A amted►tatian. to achieve Program function. have their app osstbitity is receives all of the m O~ organzzet►°n is a voluntary P could additional P w the agency a ent to the enforcement future ency. An Other When hase. that a the size of the a9 be classified as it their first annual P SeSSment P steps. O Oregon law their its smaller, interiarticipat►ng improve standards may Hance is highly subm the $elf-As ff ords P mechanism to while that some Meaning, come ermined they menGe a will determine with a practices, Mandatory. Meaency would be p the agency certain and coin agencies, and operational P a~epted Than the ag for a this phase, Standards. Proof of agency's with nationally mended but, compliance puring with the OAA h the ag administrative compliance recom exception to compliance rovided throu9 written containing documenting enforcement standards. an excep anc compliance wt11 be p c organize choosing to percentage of these standards. documents, d professional law agencies will have lbility and' eel er ram, Eiig Oregon assessmenor other Verifying do ents Law redita emunder this Prog They Will ent agencies directives accreditation erattons. enforcem enforcement to OAA guidelines. pursue aspects of their op policies and All general law for the eligible to according On-Site Assessment fined all decisions about nary responsibility worked examined conscious the law enforcement Pitt . traffic laws are ent are have m fit will have having on crlmtnal and on-site assessor, ro ected Procedures tot hat fit ludsdict+andatrained their of Oregate rogram Details agency. Once full p l the requesting been received, Policies in the requirement s those P accreditation particle Pwing fee schedule Q illy g alm out w th the oeq the imlementer The award of The foilo ation in th p expenses in their ir use. carefully measured FEES: articip on-site wall schedule the assessment Executive Director been employees agency was rofessiona to agencies seeking participation that the set Of has met or Accreditation. FEE reflects the established and State visit. assessment plan has against that the agency L pERSOtdfyEL the on _site OAA Exec and their practices, TOTA $550ryc• Once accepted by the date for site exceeded utive standards and 1-9 evaluated and utually agreeable will be made. those standards an standards $1050lyr. then conduct The Stand the Oregon 10 24 Director, b the assessment team will S155olyr• visitation by assessors w of the on-site and The 146 Standards used by adopted by the The team leader and completion ll prepare were from among 25 74 $20501yr• ent. At the Alliance, the assessor leader wi the Committee, CALEA or to . 75 + a lication ent, the team team's findings PSC will reditation Acc . agency gwpth two submi assesst a repot the committee uarterly Professional Standards core standards non-re the 439 professiona195acALEA used by There is a provides the process on the day before each q of include the and safety. In addit+on, the This fee p and other Professional Standards OACP Soard They health, standards in fee. Manuals, one Accreditation convene o{ the for the to Ve, mix ent Manual, meeting resented PSC adopted another 51 they felt held the Standard one Self-Assessor scheduled agencies P pSC fin s all those issues CEO. Manual, artic►pate ►n the program will to review if the all recognition °f for the agencies ent team Directors mination to of the award of accreditat ~ met, a no is, they meteria►s necessary to Pei" greatest potential li abii►tY thattemporary at the time ents have dynamic, Expenses for the on-site gncESS Cequtrem The standards are rofess at and They are be paid by the aPP1P'ng represent the most the time Since on-site, on an actual cost basis. law enfoccernent Practices at or revision. deletions, to are being used subject ALEA standards .rarbatlm mom / Y- < 1 ~ f yyy \ f Yt L ~ s • • mom MINNOW AGENDA ITEM # FOR AGENDA OF _A1LJ123, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _ Reoort on the PGE Franchise Fee Audit PREPARED BY:_ Craig Prosser DEPT HEAD OK~ CITY MGR OK ISSUE BEFORE THE COUNCIL Information only. Report on the process and results of the joint audit of franchise fees paid by Portland General Electric conducted by the City of Tigard and 23 other Oregon cities. STAFF RECOMMENDATION No action required. INFORMATION SUMMARY In May 2001, the City of Tigard entered into an intergovernmental agreement with 23 other Oregon cities to conduct a joint audit of PGE franchise fees. Tigard and the City of Hillsboro served as the project leads for this effort. The cities hired Maximus Right-of-Way Services out of Houston, Texas to conduct the audit. The auditor reviewed PGE calculations of revenues generated within each city and PGE's calculations of revenues due off of those revenues. Maximus, the cities, and PGE then compared databases of addresses within each city against PGE customer databases to identify any discrepancies. The audit revealed that there were several discrepancies in the address list and customer list databases. As a result of these discrepancies, PGE has underpaid franchise fees to 21 cities, including the City of Tigard, and overpaid 3 cities. Final calculations of amounts owed are still in process. Staff will report to Council on the final results of the audit, including the amount owed to the City of Tigard and next steps that PGE and the cities intend to take to ensure that databases remain accurate. OTHER ALTERNATIVES CONSIDERED NA VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA 0 ills ATTACEMENT LIST 1. Press Release from PGE Government Affairs 2. April 12, 2002, Memorandum: Craig Prosser, Finance Director to Mayor and Council Regarding PGE Franchise Fee Audit Results FISCAL NOTES NA Elm Sent by: 00000 0000; 04/12/02 13:33; JedfiX #726;Page 2/4 Attachment 1 /P, ~ CITY OF TIGARD NN~~ 13125 SW Wall FOR IMMEDIATE RELEASE For more information, please contact: April 11, 2002 Your City Finance Director/City Manager - OR - Craig Prosser, Finance Director City of Tigard, 503-6394171 ext. 345 Karen Lee, PGE Government Affairs, 503464-7894 or Scott Sinuus, APR, PGE Media Relations, 503.-464-7342 PGE and Oregon Cities Complete Franchise Fee Audit Tigard to receive an estimated $310,746 Portland, Ore. - Portland General Electric (PGE) and a consortium of 24 cities in the Portland-Salem area announced today that a comprehensive audit of POE franchise fees and privilege taxes paid to these cities has been completed. Franchise fees represent amounts the utility pays a city government for the use of the public rights-of-way. Public rights-of-way include streets and roads. Franchise fees and privilege taxes are typically calculated at 3.5 to 5 percent of annual gross revenues within the city limits. PGE currently pays more than S30 million a year in these fees to 51 Oregon cities. In late March POE sent 200franchise payments to these cities, based on 2001 PGE revenues. This audit by 24 cities is separate from the annual payments to cities. It included more than 500,000 PGE customer accounts, or a majority of PGE's 738,000 customers. "This was an opportunity for both PGE and the cities to come to the table and look at their records, review geographical boundaries and share the results," said Craig Prosser, City of Tigard finance director and project lead for the consortium of cities, the Local Franchise Revenue Audit Group (LFRAG). "A lot has changed in the past few years when you consider annexations and new construction, not to mention that utilities and cities may have entirely different data tracking systems that assess municipal boundaries." - more - Sent by: 00000 0000; 04112/02 13:33; .mac #726;Page 3/4 - 2-2-2-2 The cities hired Maximus, a Houston-based consulting firm, to audit POE and make an independent assessment of the company's franchise payment records. PGE reviewed the records as far back as 15 years ago, depending on the city. ' TWs has been one of the most cooperative audits we've ever dealt with," the Maximus consultants said in a statement ' The LFRAG group decided to start the audit process with POE instead of other utilities because, among other things, PGE's databases are in good condition and PGE serves the majority of the properties within each city, Prosser said. Additionally, with'the March 1 start of Oregon's new electricity restructuring law, cities can now select one of two ways to calcuiata. franchise fees, so the audit was timed well with this new policy. ' f'GE went beyond the scope of the audit requirements by calculating the adjustment oft' the individual meter records rather than an averaging method," Prosser said. "The outcome from this extra step was a more accurate audit." ne result of the recent audit showed that PGE was 97.5 percent accurate in its assignment of customer addresses to the correct cities for purposes of calculating the proper fee payments. A total adjustment of approximately $3.273 mullion will be made by PGE to the cities, although there are a few cases in which cities owe PGE. The total adjustment amount is about 3 percent of POE's franchise fee and privilege tax payments of $102,983,000, paid to these 24 cities over the past five years. With the completion of this audit, PGE plans to move forward with the remaining 27 cities it serves with a similar review. "We've never undertaken a city-by-city audit of this magnitude before, and we've teamed a lot from it," explained Pamela Lesh, PGE's vice president of Public Policy and Regulatory Affairs. "We were pleased with how high our existing accuracy rate was and we think the new technology we'll employ after this audit process will make us even more accurate in the future." For instance, because of the audit, PGE will now review the annexation notifications periodically for vacant land that may be under development. The company also will employ new research tools and invest in new technology to,more accurately track changes in city limits and what affect they have in a certain area, such as a new subdivision. more - Elm Sent by: 00000 0000; 04/12/02 13:34; ,jam #728;Page 4/4 3-3-3-3 The results of the audit varied by city. The audit determined that the City of Tigard is owed an estimated $310,746. Portland General El ctric, hea&pmnered in Portland. Ore., is a fully integrated electric utility serving more than 730,000 residential, commercial and industrial customers in northwest Oregon. PGE's Internet address is ww .PortlandGeneral. The 24 cities participating in this audit process include: Beaverton, Cornelius, Estacada, Fairview, Gresham, Hillsboro, Lake Oswego, Milwaukee, Mount Angel, Nowberg, North Plains, Oregon City, Portland, Salem, Sandy, Sherwood, Tigard, Troutdale, Tualatin, Turner, Wilsonville, West Linn, Wood Village, and Woodburn. (See attached list of city contacts, phone nrrrsrlstrs and a-mail addresses) Attachment 2 MEMORANDUM TO: Mayor Jim Griffith Tigard City Council FROM: Craig Prossei','Finance Director RE: PGE Franchise Fee Audit Results DATE: April 12, 2002 The joint audit of PGE franchise fees by 24 cities led by the Cities of Tigard and Hillsboro has finally been concluded. The City of Tigard will receive a check from PGE in the amount of $310,746 for past franchise fee payments due. Overall, the audit showed that PGE owes 21 cities a total of $3,347,632. Three cities were overpaid a total of $75,407. The cities that were underpaid will receive payments by the middle of May. PGE will work with those cities that were overpaid to refund the overpayments through a credit against future franchise fee payments due. I will come to Council on April 23 to give you a more complete briefing on the results of the audit. One item that the City needs to consider at this point is how to use the money that the City will receive as a result of this audit. We have not anticipated receipt of this money in any of our financial projections. We therefore need to consider how to use these funds most wisely to achieve the greatest return for the City and our citizens. I have discussed this issue with the City Manager. We recommend that the City use these funds for projects to identify other amounts owed to the City and projects to save energy and reduce City costs. We have developed the following list of possible uses. Tier I represents our highest priorities, projects which we feel;have the greatest potential for return on the City's investment, and projects that do not have a clearly identified alternative source of funding. Tier II represents good projects but ones of lesser priority, lesser return on investment, or which have alternative sources of funding. I will seek your input on these recommendations during my briefing at the April 23 Council meeting. PGE Franchise Payment Options Tier 1. Set aside a portion for the next utility audit. When we developed the PGE audit project, the 24 cities talked about this project as the start of an ongoing, joint program to audit all city franchise holders on a regular basis. We are now talking to the League of Oregon Cities about sponsoring such a program. Future audits will likely be more expensive for a variety of reasons. (Other utilities do not serve all city residents - i.e. Natural Gas, and Qwest and Verizon records are kept in Denver and Texas.) I don't have an estimate of the possible cost at this time, but I would suggest $20,000. 2. Set aside a portion for a Right-of-Way study. A Right-of-Way study would look at the costs of building, maintaining, and operating the public right-of-way and would help to attribute those costs to specific causes (i.e. utility cuts, traffic loads, construction activity, etc.). With this information, the City could then look at fees, charges, and other revenues to make sure that the City is recovering those costs. I do not have an estimate of the cost of a Right-of-Way study at this time. For planning purposes, however, I would use $25,000. 3. Place in Facility Fund for energy conservation aspects of the conversion of the old library building to offices and remodeling of City Hall. If voters approve the New Library Bond, the City will convert the old library into offices and remodel City Hall. This will be done using funds that the City has been reserving in the Facility Fund. The balance of the PGE payment, after items 1 and 2, should be transferred to the Facility Fund to be used for energy savings improvements to these two buildings. This will produce continuing savings for the City. Tier II 4. Place in Facility Fund for energy conservation improvements to other city buildings. The greatest energy savings would occur in buildings with the greatest use (i.e. City Hall and the old library). Other City buildings (Water Building, Public Works, the Niche, etc.) would also benefit from energy conservation improvements. Energy savings in these other facilities would probably be smaller than the larger buildings, alternative funding sources may exist, or the buildings may be removed or sold in the future. These factors make this item a lesser priority than Tier I. 5. Create a General Fund Renewal and Replacement Reserve. Major maintenance and equipment replacement can be easily predicted, and the City should be setting aside funds for these future expenses. These items include things such as carpet replacement, parking lot repaving, HVAC replacement, reroofing, etc. The PGE funds could be used to establish a Renewal and Replacement Reserve. This is a lesser priority than Tier I because it does not generate additional revenue. milli 1111111111E111 mimmi 6. Place in General Fund to reduce projected decline in fund balance. The General Fund is projected to experience a declining fund balance. The PGE .payment could be placed in the General Fund to give the fund balance a one- time boost. This would buy the City additional time to address the underlying causes of the declining fund balance, but it does not solve the problem. 7. Place in Facility Fund for additional "green building" aspects of the New Library. The City plans to use "green building" construction techniques and energy conservation measures in the New Library Building. These plans will be fully funded though the New Library Bond. AGENDA ITEM # FOR AGENDA OF April 23.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Update on the FY 2002-03 Budget Process PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Information only. Update on the FY 2002-03 budget process, including Budget Committee meeting dates. STAFF RECOMMENDATION No action required. INFORMATION SUMMARY Staff will update the Council on the status of the FY 2002-03 Budget process, including scheduled Budget Committee meeting dates. Please see attached memo. OTHER ALTERNATIVES CONSIDERED NA VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY NA ATTACHMENT LIST Memo dated April 9, 2002 FISCAL NOTES NA ~7 MEMORANDUM TO: Mayor Jim Griif~fi4h and Tigard City Council Prosser"Finance Director FROM: Craig , RE: FY 2002-03 Budget Process Update DATE: April 9, 2002 The City of Tigard's FY 2002-03 Budget process is rapidly approaching its climax. City departments have been working since last fall to prepare for the upcoming Budget Committee meetings. The City Manager's Proposed Budget will be released at the end of April. The Budget Committee will meet the first three Monday evenings in May to review and approve the Proposed Budget. The Budget, as approved by the Budget Committee will be presented to the City Council on June 11 for adoption. The FY 2002-03 Budget process began in October of 2001 with the preparation of the City's Five Year Financial Plan/Forecast. The Financial Plan forecasts revenues and resources available to support City programs over the next five years and compares those resources to expected operating and capital needs. The results of this forecast showed a downward trend in General Fund balances over the next five years due to the downturn in the economy and the continued demand for City services. Departments prepared FY 2002-03 Budget requests in light of the financial forecast. Department requests were completed February 1, 2002. Departments were required to show how they might reduce their budget requests by 5%. The Finance Department analyzed department requests and potential reductions. The City Manager and Finance Director met with each department director to discuss the requested budget and to develop the City Manager's budget proposals. The Finance Department is currently incorporating all of the City Manager's proposals into the FY 2002-03 Proposed Budget. At the same time, the Finance Department is updating the Financial Plan to reflect the Proposed Budget and is updating financial forecasts in light of current economic conditions. The Proposed Budget is scheduled to be released the last week in April. The Tigard Budget Committee, made up of the City Council and five citizens, will meet the first three Monday evenings in May to review and approve the Proposed Budget. The City Manager, the Finance Director, and department directors will present the Proposed Budget to the Budget Committee, who will review and discuss the proposals and make any changes they feel are appropriate. All meetings of the Budget Committee are open to the public, and public comment is invited. Meetings will be held Mondays, May 6, May 13, and May 20 from 6:30 to 9:00 p.m. in the Tigard Water Auditorium, 8777 SW Burnham. If needed, a fourth meeting will occur on Wednesday, May 29, 2002. The Budget, as approved by the Budget Committee, will be presented to the Tigard City Council on Tuesday, June 11. The Council will convene a hearing to accept public comment, may modify the Approved Budget (within limits established by state law), and will then vote to adopt the Budget. AGENDA ITEM # FOR AGENDA OF Annl 23.2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Tird named as Tree City USA; Arbor Da, to be April 26, 2002 PREPARED BY: Matt Stine. Dan Plaza DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL To inform Council that Tigard has been designated Tree City USA by the National Arbor Day Foundation and invite members to join Mayor Griffith in attending the Arbor Day celebration on April 26, 2002 at Templeton Elementary School. STAFF RECOMMENDATION Staff would like to recommend that Council members join Mayor Griffith in attending the Arbor Day celebration at Templeton Elementary School on April 26, 2002. INFORMATIQNSUMMARY On January 23, 2001 City Council gave the Department of Public Works- Parks Division permission to pursue a Tree City USA designation. Pursuing the Tree City USA designation involves meeting four standards outlined by the National Arbor Day Foundation. The four standards are: 1. Spend at least $2.00 per capita on the urban forestry program. o During the 2001 calendar year Tigard spent more than $147,000 on urban forestry-related activities which included City staff and volunteer tree plantings, site preparation, hazard tree removals and tree pruning. 2. Celebrate Arbor Day and proclaim Arbor Day • Arbor Day was celebrated on April 18, 2001. a The Mayor read a proclamation and proclaimed April 18, 2001 as Arbor Day in Tigard during the Arbor Day celebration held at C.F. Tigard Elementary School. 3. Create a Tree Board ® On January 23, 2001 the City Council approved and the Mayor signed resolution number 01-02 . to establish a Tree Board. Applications to serve on the Tree Board were submitted by numerous Tigard residents. We interviewed and selected applicants from citizens living in Tigard and Planning Commission members. The Tree Board meets on the second Monday of every month. The Tree Board is currently made up of three Tigard citizens (Jan Gorsline, Bob Tinnin and Brooks Gaston) and one Planning Commission member (Judy Anderson). 4. Develop a Public Tree Care ordinance. Y The ordinance was created, although it is still being reviewed by the City Attorney's office. The final step will be for the City Council to review and approve the document. OTHER ALTERNATIVES CONSIDERED N/A mmj VISION TASK FORCE GOAL AND ACTION COMMITTEE STd AMY From the Urban & Public Services portion of "Tigard Beyond Tomorrow" • Goal #1- School Educational Program. • Goal #2- Open space and greenway areas are preserved and protected. ATTACHMENT LIST • Power Point presentation. • A copy of the proclamation. • Arbor Day celebration schedule. FISCAL NOTES There have been no additional or extra costs incurred by the City as a result of pursuing and/or obtaining the Tree City USA designation. Furthermore, it is anticipated that there will be no additional out of budget expenses required in the future in order to maintain the Tree City USA status. Keep A Great 'Ting Growing AMERICA IREE CM USA BENEFITS O BENEFITS TREE CITY VSA TREE' CITY USA DESIGNATION CiESIGNATION (Con •t) Ecological Benefits of Trees - Provide Clean lair ` : ,Tree related Municipal _Codes_ are - Filter Pollution from Air, Water and ~--cpmbinecl into a Public:Tree Care soil "rOrdinance. - Provide Wildlife Habitat -'Encourage citizen involvement in, - Provide Cool 514nde in the summer: implementation of the. Vrban Forestry Program • Notional & :State Recognltion City commitment:to its,Urban Forest. • Community_I vole int Woodard Park ~ub~icNorks TREE CITY.. USA ESTABLISHMENT OF A STAND AR®S." TREE BOARD • Establish c Tree Boacd• • Develop/Impleme'nt' a 'PubliC'Tree. January 23, 2001- Council established Care Ordinance "`f by resolution.01-02.. L . Consists of four Tigard citizens and • Allocate a" miniimC1m,'of'$2! per' ;capithree Planning Commission me~abers: V`. to the Urban-Forestry<budget First meeting- May 2001, • Observe Arbor-'N gs oy~ dy Meetinheld the second Mond of- a each month: = d ,'Woo dcrdiPark,,~ Cook Park 1 moll DEVELOP IMPLEMENT A PUBLIC ALLOCATE A MINIMUM OF $2 TREE CARE ORDINANCE PER CAPITA TO THE URBAN FORESTRY BUDGET • Currently under review by the City Required expenditures based on Attorney's office. 44,000 Tigard residents-$88,000. • City Council will provide final review Calendar year 2001- Public Works and approval. expended in excess of $147,000. Cook Park Cook Park CELEBRATE ARBOR DAY ARBOR DAY 2002 • Woodard Park- National Youth • Arbor Day celebrations at C.F. Service Day. Tigard 'and Mary Woodward • Templeton Elementary School. Elementary Schools. - Mayor reads proclamation. • Mayor Griffith read the - Paul Ries, from Oregon Department of proclamation declaring April 18, Forestry, presents the Mayor with 2001 as Arbor Day in Tigard. 2001 Tree City USA plaque, flag and • Seven trees planted. two road signs. - Four trees will be planted. Cook Park Cook Park •!i x r u e rt' ~t e' ~4 r ON RIM Ea'~. t ~P'C1t of Tl9 cl 15 pr,'0U re e v In.1ew tlo Q Arb0 a NOW i.owndatlo esl hat an t ,e oo14'for~rar. ~t a to ,g:co ~inu ng F MINE ARBOR DAY CELEBRATION . APRIL 26, 2002 TE.MPLETON ELEMENTARY SCHOOL TIGARD, OREGON 1:00 Ceremony begins- City Forester gives introduction. Recognizes several people- Mayor, City Councilors, City Manager, Public Works Director, Volunteer Coordinator, Parks Manager, Parks Supervisor, Parks staff. 1:10 Mayor reads Arbor Day proclamation 1:15 Paul Ries, Oregon Urban Forestry Program Manager, presents the Mayor with the 2001 Tree City USA award. 1:20 Mayor says a few words. Kids ask Mayor four questions. One student from each class steps up and asks the Mayor a question. 1:30 Adjourn to tree planting sites and plant trees. City staff at each tree will explain what must happen in order to plant the tree. Interactions with students talking about the importance of trees and why we are planting them. 1:45 Mayor gets photo taken with "Tree City USA" street sign and a "City of Tigard" portal sign. 2:00 Activities end. NOTES: • There will be four classes so we will plant four trees- 2 bigleaf maples and 2 western red cedars. The holes should be dug that morning and protected with caution tape, cones, etc. Pam Hallvick, the school's principal, made this suggestion. Kids will be outside close to the area of the tree planting throughout the day. • The kids will hopefully present the mayor with "gifts" that they made in their classes- poems, pictures, etc regarding trees. • The P.A. system will be on loan from Tigard Music. SOMEONE MUST PICK IT UP THE DAY BEFORE. Whoever picks it up should get a quick lesson on how to use it. It is a very valuable and brand new battery powered system that is very easy to use and quite small. 0 r0ft R Oft C L A 11K 'Am A I I(" 31b N N C 1 City of regard, ®regon Arbor Day ~c WHEREAS, In 1672, Arbor Day, a special day set aside for the planting of trees, was first ` S celebrated in Nebraska; and t z L WHEREAS, Tigard's urban forest of public and private parks and greenways is part of a l c larger ecology that spans from mountains to ocean and is integral to our region's water quality; and WHEREAS, our urban forest includes a diversity of trees that grace our city streets, parks and greenways, provide habitat for wildlife, soften hardscapes, clean the air, protect water resources, and ensure that everyone can experience natural beauty where we live, work and recreate; and .r WHEREAS, the City of Tigard recognizes that our urban forest is a necessary and is an integral part of the city's Infrastructure and ecosystems; and 4 ' WHEREAS, we are committed to provide resources to maintain and enhance the urban forest; and WHEREAS, people of all ages and backgrounds, Including citizens, civic organizations, "fw businesses and city agencies, have formed partnerships to participate actively in the t stewardship and caretaking of Tigard's urban forest; and NOW, THEREFORE BE IT RESOLVED THAT I, )AMES GRIFFITH, Mayor of the City r 1 , of Tigard, Oregon, do hereby proclaim April 26, 2002 to be: ARBOR DAY d r in the City of Tigard, Oregon Ij and encourage people throughout the entire city to become more Involved with the plandnr and stewardship of the urban forest throughout the year of 2002. t Dated this day of 2002. IM WITNESS WHEREOF, I have hereunto set my hand and caused die Seal of the City of fi'1r = Tigard to be affixed. James E. Griffith, Mayor City of Tigard Attest: r S~ City Recorder r~ Mgt ~ ~r i AGENDA ITEM # I L~ FOR AGENDA OF 4/23/02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE IGA Establishin Tualatin Basin Natural Resources Coordinatin Committee PREPARED BY: Duane Roberts DEPT HEAD OK A&*rTYMGROK I ISSUE BEFORE THE CO CIL Should the City enter into an agreement with other Washington County jurisdictions and special districts to jointly develop a protection program for Metro-identified natural resource sites located within Washington County? STAFF RECOMMENDATION Authorize the Mayor to sign the agreement. INFORMATION SUMMARY Metro is in the process of developing a plan for regional fish and wildlife protection in accordance with Statewide Goal 5. The Metro planning process follows the Statewide Goal 5 process and includes three steps: Inventory, ESEE (environmental, social, economic, and energy) Analysis, and Protection Plan. The ESEE analysis involves identifying conflicts between protecting resource sites and and how they should be resolved. This step is followed by the establishment of the protection program for the resource sites. So far, Metro has adopted an inventory of significant riparian sites and by mid-April 2002 is scheduled to adopt an inventory of significant wildlife sites. The target date to complete Goal 5 through the ESEE phase is August 2002. The timeline is driven by the Metro Council's need to consider the capacity consequences of a regional fish and wildlife protection plan in order to make decisions about the region's Urban Growth Boundary by December 31, 2002. The target date for the completion of the protection plan is sometime next year. In December 2000, Tigard entered into an agreement with the other County jurisdictions to form a working group intended in inform and influence the Metro Goal 5 planning process. In late December 2002, in response to an idea advanced by the working group, Metro Council decided to allow individual jurisdictions and groups of jurisdictions the option of completing the remaining steps in the Goal 5 process for their respective basins. Under this approach, Metro will establish regional parameters for conflicting uses and the ESEE decision process, along with a timeline for the completion of the basin plan. The scope and details of the basin approach are defined in the "Basin Approach Issues" paper attached as an exhibit to the IGA "Establishing the Tualatin Basin Natural Resources Coordinating Committee" or TBNRCC (Exhibit 1). The TBNRCC IGA is a cooperative agreement between local jurisdictions to form a basin group. As described in the governance section, the group's executive committee consists of the chief elected official of the governing body of each jurisdictional member. Each member has one vote. Meetings are open to the public. The scope of the committee's authority includes spending money, hiring consultants, coordinating with the Healthy Streams program, conducting hearings, and developing a protection plan for regionally- identified natural resouces located within Washington County. The IGA provides for the assignment rather than the delegation of land use authority. It does not give the basin group the authority to adopt final land use decisions. Under the agreement, each individual jurisdiction decides whether to adopt the basin protection program and retains the full range of options. Deviation from the adopted protection plan is allowed, but proof of substantial compliance is the responsibility of the jurisdiction making the request to Metro. Jurisdictions are required to adopt or reject proposed model amendments implementing the basin program decisions within six months after Metro acts on the basin program. The City Attorney has reviewed the agreement, which originated with the Washington County Counsel, and did not find anything in it contrary to the City's interests. OTHER ALTERNATIVES CONSIDERED Do not adopt the agreement and do not participate in the Goal 5 basin approach. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Action Plan for Growth and Growth Management Goal #1 calls for the City to "Protect natural resource areas from the impacts of increased growth". ATTACHMENT LIST Attachment #1: Intergovernmental Agreement: Formation of Tualatin Basin Natural Resources Coordinating Committee; Metro Regional Resource Planning Project Attachment #2: Memo to Tualatin Basin Natural Resources Coordinating Committee, March 25, 2002 FISCAL NOTES The attached memo outlines the proposed budget for the project. Tigard's individual contribution, based on population, is set at $13,921. The budget covers technical planning, hearing procedures, legally sufficient finding, and public involvement. These funds are not budgeted and would come from the General Fund. i/citywide/sum/fanno.basin.formationIGA _ Attachment I INTERGOVERNMENTAL AGREEMENT FORMATION OF TUALATIN BASIN NATURAL RESOURCES COORDINATING COMMITTEE; METRO REGIONAL RESOURCE PLANNING PROJECT This Agreement is entered into by the cities, counties and special districts (collectively "Basin governments") that are signatories to this Agreement. WHEREAS, ORS 190.010 - .110 authorizes units of local government to enter into agreements for the performance of any functions and activities that a party to the agreement, its officers or agencies have authority to perform; WHEREAS, an agreement under ORS 190.010 shall specify the functions or activities to be performed and by what means they shall be performed; WHEREAS, the Basin governments have responsibilities and authority under State law and/or their local charters to conduct comprehensive planning and to administer implementing land use regulations within their respective jurisdictions, " or have regulatory authority and provide services that are connected with these land use planning responsibilities; WHEREAS, the Portland Metropolitan Service District ("Metro") has undertaken the responsibility to prepare a regional Goal 5 program which would affect existing and developing policies of the Basin governments. WHEREAS, the Basin governments have determined that it is in their best interests to jointly prepare and coordinate planning and regulatory programs concerning State Goal 5, Title 3, Section 5 of Metro's Urban Growth Management Functional Plan, the federal Clean Water Act and related state regulations, the Endangered Species Act, and other regional natural resource related matters, NOW, THEREFORE; in consideration of the mutual covenants herein, the parties to this Agreement hereby agree to undertake the following actions: 1. Formation; Scope of Authority The parties hereby establish the Tualatin Basin Natural Resources Coordinating Committee ("TBNRCC"), and delegate to the TBNRCC the authority that each party has within its jurisdictional territory to perform the following functions and exercise the following powers for and on behalf of the parties and their jurisdictional territories within the Tualatin Basin area to achieve the purpose and objectives of this Agreement: 1.1 Expend funds contributed by the parties to this joint Tualatin Basin response to the Metro regional Goal 5 project pursuant to Section 3 of this Agreement. INTERGOVERNMENTAL AGREEMENT FORMING THE TBNRCC Page 1 of 7 1.2 Enter into contracts with consultants and other parties necessary to the completion of this project, subject to compliance with the Washington County public contracting rules and regulations. 1.3 Enter into an Intergovernmental Agreement with Metro ("Metro-TBNRCC IGA") to perform and submit to the Metro Council the regional Goal 5 ESEE and Program Development steps of the Metro Goal 5 Program for the Goal 5 resources within the jurisdictions of the Basin governments. 1.4 Further develop, refine and carry out the tasks and responsibilities of the Basin governments described in the `"Tualatin Basin Approach" attached hereto as Exhibit "A". 1.5 Appear on behalf of the parties in Metro Goal 5 legislative, administrative and other proceedings and speak for the parties and their jurisdictional territories on matters that concern potential effects of the Metro Goal 5 program on the parties. 1.6 Consider unique circumstances identified by Basin governments in developing Goal 5 ESEE and Program decisions and alternatives suggested by such governments to address these circumstances in ways that conform with the Basin ESEE and Program decisions. 1.7 Review Healthy Streams Plan proposals and recommendations developed by Clean Water Services in response to the Clean Water Act and Endangered Species Act, coordinate Goal 5 ESEE and Program decisions with the healthy Streams Plan, and recommend actions to achieve such coordination to the Clean Water Services District. 1.8 Appoint TBNRCC subcommittees, task forces or other advisory groups as may be required by the Metro=TBNRCC IGA or deemed appropriate by the TBNRCC. 1.9 Conduct public outreach required by the Metro-TBNRCC IGA or otherwise relating to a proposed coordinated Tualatin Basin Goal 5 program that would be adopted by Metro as an element of its Urban Growth Management Functional Plan. 1.10 Undertake other actions needed to perform TBNR(-'C responsibilities under the Metro-TBNRCC IGA or to formulate the coordinated Tualatin Basin Goal 5 program. The TBNRCC shall not have authority, delegated or otherwise, to adopt final land use decisions on behalf of, or binding upon, any Basin government. 2. Governance The. TBNRCC shall consist of the chief elected officer of the governing body of each Basin government or his/her alternate from that governing body. Notwithstanding the foregoing, the member and alternate from Clean Water Services shall be a person other than the chair and alternate representing the Washington County Board of Commissioners on the TBNRCC. In addition, the Metro Council may appoint from INTERGOVERNMENTAL AGREEMENT FORMING THE TBNRCC Page 2 of 7 among its members two ex-officio non-voting members to the TBNRCC. All these appointments to the TBNRCC should be made within 30 days of the effective date of this Agreement. 2.1 Each TBNRCC member except ex-officio members shall have one vote. A TBNRCC meeting quorum shall consist of a majority of all voting members. The TBNRCC shall establish bylaws setting forth meeting times and rules of procedure as it deems necessary to carry on its business. 2.2 Meetings of the TBNRCC and its subcommittees shall be open to the public, subject to the provisions of the Oregon Public Meetings Law. 2.3 Washington County shall provide staff services to schedule meetings, keep minutes, administer consultant contracts, pay approved expenses and such other administrative matters necessary to conduct TBNRCC business. 3. Funding 3.1 The estimated total cost for services needed to enable the TBNRCC and its staff to perform the work tasks anct activities described in this Agreement will be $100,000. There will be additional costs up to $50,000 for. public notice and public outreach. The total costs will be shared as set forth below. Upon execution of this Agreement, as its pro rata share contribution to this joint effort, each party to the Agreement shall pay to Washington County an amount calculated as follows: a. The percentage of the total current population (2000 U.S. Census) of Washington County within incorporated and unincorporated areas shall be calculated. b. Washington County, Clean Water Services and the Tualatin Hills Park and Recreation District, individually, shall each pay 1/3 of the percentage of the cost representing the total unincorporated population. c. The percentage representing the total incorporated population shall be divided among the signatory cities based on each respective city's population as 'a percentage of the total incorporated population. Based on the above, Exhibit B attached hereto specifies the amount each party is to contribute for services and for public notice and outreach. 3.2 Washington County shall separately account for the funds and provide appropriate documentation as reasonably requested by the TBNRCC or any individual TBNRCC member. 3.3 If the initial $100,000 plus $50,000 for public notification and outreach costs is insufficient to complete the TBNRCC tasks described -in this Agreement, the TBNRCC, by 2/3 majority vote of the Committee members, may authorize additional expenditures without action by the governing bodies of the members. - If additional expenditures are authorized, the TBNRCC shall calculate the additional amount of funds needed from INTERGOVERNMENTAL AGREEMENT FORMING THE TBNRCC Page 3 of 7 each party to the Agreement, based on the formula in item 3.1 above, and request payment of such additional amount from each party to complete the tasks. At that time a party may elect to withdraw from the TBNRCC rather than contribute such additional funds to the project. If a party withdraws pursuant to this Section or Section 6, any excess funds already contributed by that party shall not be returned to the withdrawing party unless the TBNRCC determines that such a refund is equitable and appropriate. If unexpended funds remain after completion of the TBNRCC tasks described in this Agreement, each party shall receive a share of such unexpended funds proportional to its contribution. 4. Other members The TBNRCC may permit additional local governments to join as full-members or as non-voting associate members. Additional full voting members shall make pro-rata contributions as described in Paragraph 3, and the contributions of all full voting members shall be adjusted accordingly. 5. Responsibilities of Participating TBNRCC Members 5.1 Each Basin government-member shall contribute, at its own reasonable expense, such staff work, documents and other resources as may reasonably be requested by the TBNRCC in order to carry out the TBNRCC's responsibilities, and its own responsibilities under this Agreement. Each Basin government shall cooperate fully with the TBNRCC during the performance of these responsibilities. 5.2 The TBNRCC shall work generally to implement the "'Tualatin Basin Approach" attached hereto as Exhibit A. The TBNRCC shall provide opportunities for public involvement, conduct a Tualatin Basin Goal 5 ESEE analysis, and formulate a coordinated Goal 5 Program for regionally significant Goal 5 resources within the jurisdictions of Basin governments for resources identified id the riparian corridor and wildlife habitat inventories accepted by the Metro Council. It shall submit its analyses and decisions on these matters to Metro for consideration. 5.3 If Metro includes these TBNRCC decisions in its adopted functional plan provisions in substantially the same form as submitted by the TBNRCC, the city and county Basin governments shall initiate, provide notice, and hold hearings on proposed ordinances amending their comprehensive plans and land use regulations to implement the Metro functional plan components submitted by the TBNRCC. Each city and county Basin government will conclude hearings and adopt, adopt with amendments, or reject the proposed ordinances to amend comprehensive plans and land use regulations within 180 days after the Metro Council's final decision adopting the TBNRCC decisions as part of the Metro functional plan. Each Basin government shall take final action adopting or rejecting any other program or regulation necessary to implement the adopted Metro functional plan provisions submitted by the TBNRCC within 180 days after the Metro Council's final decision, or as soon as possible thereafter if its charter or other notice and hearing requirements prevent final action within 180 days. Nothing in this Agreement or INTERGOVERNMENTAL AGREEMENT FORMING THE TBNRCC Page 4 of 7 the Metro-TBNRCC IGA shall obligate any Basin government to adopt the proposed ordinances or other programs or regulations necessary to implement the adopted Metro functional plan provisions. However, each Basin government shall adopt findings explaining its decision to reject or vary from ordinances, programs, or other actions necessary to implement the adopted Metro functional plan provisions submitted by the TBNRCC. Failure to adopt ordinances or other programs or actions necessary to implement the Metro functional plan provisions submitted by the TBNRCC may result in a determination by Metro that plans or land use regulations do not substantially comply with the Metro functional plan. 6. Term The Agreement shall terminate on June 30, 2004, unless terminated earlier or extended by action of the governing bodies of a 2/3 majority of Basin governments that are then voting members. Any Basin government may withdraw from the TBNRCC upon 60 days written notice to the TBNRCC. Within 30 days of withdrawal, the Basin government may be refunded a prorated return of any remaining funds it contributed to this project in accordance with Section 3.3 of this Agreement and provided copies of any' documents or other resource materials prepared prior to withdrawal. 7. Amendment Amendments to this Agreement may be proposed by any member of the TBNRCC and shall be incorporated into the Agreement if approved by an affirmative vote of the governing bodies of 2/3 of all the voting TBNRCC members. 8. Miscellaneous 8.1 The parties to this Agreement are the only entities or persons entitled to enforce its terms. Nothing in this IGA gives or is intended to provide any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 8.2 No person shall be denied or subjected to discrimination by any Basin government in receipt of the benefits of any services or activities made possible by or resulting from this IGA on the grounds of race, color, religion, gender, sexual orientation, - national origin, disability, age, or marital status. 8.3 The TBNRCC has no employees. Each basin government shall be solely responsible for its own employees, including but not limited to compensation for and supervision of work performed by its employees in connection with any matter described in this Agreement. INTERGOVERNMENTAL. AGREEMENT FORMING THE TBNRCC Page 5 of 7 8.4 Subject to the limitations in the Oregon Tort Claims Act and the Oregon Constitution, each party agrees to hold harmless, indemnify and defend each other, including each other's officers, employees and agents against all claims, demands,' actions, suits and appeals (including attorney fees and costs) arising from the indemnitor's acts or omissions under this Agreement. In addition, each party shall be solely responsible only for its proportional share established in this Agreement of any contract claims, delay damages or similar monetary claims arising from or caused by the action or inaction of the party or of any. other party in the administration of this Agreement. Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. However, each party shall be solely responsible for the defense of any action, claim, suit, or appeal (including land use appeal) arising out of that party's actions pursuant to Section 5.3 to implement adopted Metro functional plan provisions. Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270. 8.5 If any claim, demand, action, suit or appeal is filed against the TBNRCC; the parties agree to cooperate in good faith in defending or otherwise addressing it. 8.6 This Agreement is intended as the complete, exclusive and final expression of the Agreement among the parties to this Agreement. 8.7 If any terms or provisions of this Agreement or the application thereof to any person or circumstance shall, to any extent, be determined by a court to be invalid • or unenforceable, the remainder of this Agreement and the application of those terms and provisions shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 9. Effective Date The TBNRCC shall be deemed formed, and this Agreement be effective, on the date it is executed by Washington County and seven others of the following Basin governments: • Washington County • Clean Water Services • Tualatin Hills Parks and Recreation District • City of Beaverton • City of Hillsboro • City of Tigard a City of Tualatin • City of Sherwood • City of Cornelius • City of Forest Grove • City of Durham • City of Ding City • City of North Plains INTERGOVERNMENTAL. AGREEMEN'T' FORMING THE TBNRCC Page 6 of 7 c This Agreement consists of seven pages (including this signature page) plus Exhibits A and B. A separate signature page is included for each participating government; the compilation of all final (signed) signature pages with a single copy of the preceding 6 pages and Exhibits A and B shall represent the final-agreement. Each participating government shall provide a signed original of this page to Washington County for compilation and recording of the final agreement. CITY OF TIGARD 4 By: Title: Bate: `~:c c~ a l~ c INTERGOVERNMENTAL AGREEMENT FORMING THE TBNRCC . Page 7 of 7 EXHIBIT `A' Tualatin Basin Approach 1/30/02 Draft What The basin approach is a proposal that local governments take responsibility as described in Steps 1 and 2, below, within the greater part of the Tualatin River basin for the next phases (ESEE and program development) of the region's fish and wildlife habitat program, subject to coordination with, and final product approval by, the Metro Council. Riparian corridors and wildlife habitat determined to be regionally significant consistent with State Goal 5, and Clean Water Act requirements and Endangered Species Act listings would all have to be addressed in a basin approach. Where The basin proposal could apply to any large whole watershed within the region, if approved by Metro. For the Tualatin Basin, the general geographic extent is that area draining the Tualatin River. The basin consists of areas inside of the current Metro urban growth boundary and Metro jurisdictional boundary, Metro UGB alternatives analysis areas and rural, farm and forest lands beyond. Regional resources determined by Metro, potential regional resources identified in areas studied by Metro in its UGB Alternatives Analysis and the rural, farm and forest lands beyond identified by Washington County as significant resources shall be;addressed in the Tualatin Basin Approach. Who Currently, a consortium of local governments including the cities of Beaverton, Cornelius, Durham, Forest Grove, Hillsboro, King City, Sherwood, Tigard and Tualatin, as well as Washington County, Clean Water Services and Tualatin Hills Parks and Recreation District have expressed a willingness to address the Tualatin Basin. Inclusion of, or coordination with, other jurisdictions with responsibilities within the Tualatin Basin such as Clackamas County and the cities of Lake Oswego and Portland are underway. Individual property owners, interest groups, local government advisory committees and other interested parties would also be provided opportunities to participate during this work effort. In addition, Metro would participate in the Basin Approach through Council representation on the Tualatin Basin Coordinating Committee, through project updates to, and feedback from the Natural Resource Committee, MPAC, MTAC, Goal 5 TAC, WRPAC, and through the Metro staff. The Metro Council woald make recommendations about the ESEE decision to delineate areas to "prohibit" or "limit' conflicting uses and make the final decision about whether a basin approach met regional standards after consultation with its advisory committees. Why The Basin Approach proposal has been made in part because of a concurrent, joint efforts by the Tualatin Basin governments, the Washington County Clean Water Services and others to address Federal Clean Water Act requirements and Endangered Species Act listings that likely will affect the same areas as Metro's fish and wildlife habitat protection plan. In addition to reducing the number of times that the same areas are analyzed and public outreach provided and applying more detailed information than is readily available region-wide, this Basin Approach allows for coordination among similar, but distinct Federal, State and regional requirements. The basin approach can also provide local governments with an opportunity to shape a basin-wide program that is tailored to local conditions within the Tualatin River basin while addressing regional 1 Goal 5 objectives. Because the Basin Approach is proposed as being completed concurrently with Metro's regional tasks, the Tualatin Basin is most likely to be implemented sooner than other portions of the region if the non-basin jurisdictions wait for the Metro regional safe harbor to be completed and acknowledged by the state before they begin local implementation tasks. When The basin proposal would complete this work parallel to the rest of Metro's fish and wildlife habitat program region-wide. Both the region's work effort as well as the Basin Approach work products would be timed to allow for Metro Council consideration of the data and likely capacity consequences of a regional fish and wildlife protection plan in order to make decisions about the region's urban growth boundary by December 31, 2002. To accomplish this, materials defining the impact on the UGB buildable land inventory would need to be readied by Metro staff by August 1, 2002. The Tualatin Basin Approach has proposed to meet Metro's decision timeline. The Tualatin Basin Coordinating Committee would formally provide a Basin Approach timeline and work completion schedule. How The basin approach will be accomplished by setting goals and standaids~, providing legal structure for coordination, establishing a process and monitoring and evaluation. Goals. The adopted Regional Framework Plan states that.the region shall manage watersheds to protect, restore and ensure to the maximum extent practicable the integrity of streams, wetlands and floodplains, and their multiple biological, physical and social values. Metro's fish and wildlife vision articulates the overriding goal of the Basin Approach: "The overall goal is to conserve, protect and restore a continuous ecologically viable streamside corridor system, from the streams' head, vaters to their confluence with other streams and rivers, and with their floodplains in a manner that is integrated with the surrounding urban landscape. This system will be achieved through conservation, protection and appropriate restoration of streamside corridors through time." Br►provement of habitat health within each of the Region's 27 hydrologic units including the eleven hydrologic units inside the Tualatin Basin shall be a primary objective of the Basin Approach. The following objectives within Metro's Fish and Wildlife Habitat Vision Staicn. ant shall be pursued by the Basin Approach: to sustain and enhance native fish and wildli species and their habitats; to mitigate high storm flows and maintain adequate sump :er flows; to provide clean water; and to create communities that fully integrate the built and natural environment. The region wide system of linked significant fish and wildlife habitats will be achieved through preservation of existing resources and restoration to recreate critical linkages, as appropriate and consistent with ESEE conclusions about whether to prohibit, limit or allow conflicting uses within a regionally significant resource site. Avoiding any future ESA listings is another primary Basin 2 Approach objective. The sentences quoted above from the Vision Statement as the overall goal shall be the goal against which the Tualatin Basin Approach will be reviewed. Objectives cited above provide additional guidance as to how the Tualatin Basin Approach should be completed and an intergovernmental agreement between the consortium and Metro will provide additional working details. Legal Structure. Intergovernmental agreements will be used to ensure Basin Approach coordination among the affected local governments, and Metro. In addition, staff level memoranda of understanding will be used to assure coordination between consortium members, Metro and those relevant jurisdictions not directly participating in the Tualatin Basin Approach. Process. The Metro-Tualatin Basin Approach coordination process would have two- steps. The first step would be a check-in by the Tualatin Basin Approach with Metro before making ESEE decisions for the Basin for Metro input and advice. The second step would be Metro Council review of Basin Approach program recommendations and determination of program conformance with the Basin Approach review criteria described above. In addition, ongoing coordination between the Tualatin Basin Approach staff and Metro staff would occur as work on the Basin Approach proceeds. A public involvement plan meeting the region's goals for providing substantial opportunities for participation by the public would be completed for the region (including how the Tualatin Basin would be addressed) after coordination with the Metro Committee on Citizen Involvement. Step 1. The ESEE Decision. Metro, local governments and other interested parties will work to establish a regional ESEE method. One.possible method would be to design regional ESEE parameters for application within 27 hydrologic units throughout the Region. The Tualatin Basin would develop basin-wide and local ESEE parameters for the Tualatin Basin. Both sets of ESEE parameters shall guide the identification.of areas for prohibiting, limiting or allowing conflicting uses within the Tualatin Basin. The results of applying these parameters within the Basin would be mapped. This map could be constructed for the entire region, using the. selected regional ESEE parameters and the mapped results of the Tualatin Basin Approach ESEE analysis, further informed by any other local considerations. This information would be used for two purposes. First, it would provide the foundation of the ESEE decision. Second, the reap could also be used to estimate the influence of the region's fish and wildlife habitat program on the housing and job capacity calculations for the region's periodic review of its urban growth boundary. The Tualatin Basin ESEE decision about which areas to prohibit, limit or allow conflicting uses within the Tualatin Basin would be made by the local participating governments, through the Tualatin Basin Natural Resource Coordinating Committee, after consideration of public comments, including Metro Council input and recommendations. 3 Step 2 Program Design and Adoption. Region-wide, Metro will prepare a regional Goal 5 program (regional safe harbor, riparian district plan and local discretionary review options) for the entire region which, for the Tualatin Basin, would reflect the program developed through the Basin Approach. Regional and Basin program elements, including incentives, acquisition, education and regulatory tools would then be prepared. The region would prepare its regional safe harbor, riparian district plan specifications and the local discretionary review options. The Tualatin Basin, would design its program. For example, the Tualatin Basin Approach could include, but would not be limited to the following kinds of program elements: * Revised and new land use "goal 5 overlay" mapped areas and new regulatory language for all land use authorities within the Basin; Clean Water Services (CWS) Design & Construction standards (possible revisions); • Review and possible revisions to CWS maintenance programs (possibly maintenance programs for all jurisdictions including park district); Identification and prioritization of restoration sites and financial plan ("Environmental CIP"); * Coordination with Metro Greenspaces program for targeted acquisitions; and * Possible incorporation of"grpen street" optional standards into all local codes (project currently underway being funded by Tualatin Valley Water Quality Endowment Fund) After taking public testimony, the Tualatin Basin would forward a recommended program to Metro. After its own review process using agreed upon review standards, the Metro Council would determine whether the Basin Approach substantially complies and whether to approve the Tualatin Basin Approach. Monitoring and Evaluation. Metro Code requires that performance measures be used to evaluate the success and effectiveness of its functional plan to realize regional policies. In addition, the National Marine Fisheries Service 4(d) rule calls for monitoring and evaluation. After local programs have been enacted and some time period passes to allow for programs to take hold, Metro should evaluate its policies and their implementation to compare goals with actual outcomes. If a basin approach significantly lagged region-wide efforts, as a last resort, regional safe harbor provisions could be applied to the basin area until a basin approach is completed and approved by the Metro Council. 4 GS-CM7SHARC-2002" March 16, 2002 COLLABORATIVE GOAL 5 RESPONSE COST SHARING DISTRIBUTION BY JURISDICTION CURRENTLY ESTIMATED COSTS BASIS: $1009000.00 $50,000.00 Services Public Outreach 2000 Percent of incorporated JURISDICTION: Population Population: Costs: Costs: TOTAL COSTS (source: 2000 Census) Beaverton 76,129: 29.921% $17,139.26 $8,569.63 $25,708.88 Comelius 9,652 _ :319%° $2,173.00 $1,086.50 $3,259.49 Durham 1,382 0.54%° $311.14 $155.57 $466.70 Forest Grove 17,708_ 6:96% $3,986.68 $1,993.34 $5,980.02 Hillsboro 70,186, 27.59% $15,801.28 $7,900.64 $23,701.92 King City 1,949: 0:77%0 $438.79 $219.39 $658.18 North Plains 1,605 U:63% $361.34 $180.67 $542.01 Sherwood 11,791 4.630/6 $2,654.56 $1,327.28 $3,981.84 Tigard 41,223 16.20% $9,280.71 $4,640.36 $13,921.07 Tualatin 22,791 8696% $5,131.04 $2,565.52 $7,696.56 Totals: 254,416 1'00% $57,277.78 $28,638.89 $85,916.67 Total County Pop: 445,342 1 KOO% Total Incorporated: 255,082 X57:28% Total Unincorporated: 190,260.:;, -42:72% $42,722.22 $21,361.11 $64,083.33 COUNTY $14,240.74 $7,120.37 $21,361.11 CWS •$14,240.74 $7,120.37 $21,361.11 THPRD $14,240.74 $7,120.37 $21,361.11 TOTALS: $100,000.00 $50,000.00 $950,000.00 Attachment 2 March 25, 2002 TO Tualatin Basin Natural Resources Coordinating Committee FROM Brent Curtis, Planning Manager Land Use and Transportation SUBJECT: Goal 5 Project Cost Estimates At the March 18th, 2002 meeting of the Tualatin Basin Natural Resources Coordinating Committee, staff presented the draft Intergovernmental Agreement designed to formally establish the TBNRCC, delegate specific authority to that Committee and to provide needed funding for completion of the Tualatin Basin Goal 5 project. After the discussion of this item, the Committee requested that staff provide a written description of the project funding element of that presentation. Following is a general review of the project funding breakdown and related justification as discussed at that meeting: In developing the draft IGA forming the TBNRCC, it was initially thought that we should allocate $100,000 to the project and either determine how to complete the project within the limits of that amount, or to return later with an amendment to the IGA to increase funding. Following a number of discussions with members of the Steering Committee, it was recommended that we attempt to address all potential project costs in advance and avoid returning for further funding. A key point in those discussions focused on the importance of a thorough public involvement program and the need to go beyond the minimum notification requirements. The need to 'extend beyond the minimum' is based on the fact that the success or failure of any public process will often hinge on whether all potentially affected parties have had an adequate opportunity to be involved and to develop a reasonable understanding of the potential impacts of that process. With this thought in mind, the Steering Committee reviewed the tasks ahead and considered related costs as discussed below. Once Metro has completed the inventory of regionally significant resources, there will be two primary tasks remaining to be completed. These tasks are: 1) the ESEE analysis (documentation of the Economic, Social, Energy and Environmental consequences of either protecting a designated resource or allowing conflicting uses to develop; and 2) the development of a 'Program' designed to 'allow' or 'limit' conflicting uses or fully protect the resource (the implementation phase of the project). These tasks are expected to require technical assistance and legal review by a team of consultants that have experience with the development of local Goal 5 programs. Beyond the expertise offered by staff of the participating local governments, the project Steering Committee will likely require the assistance of economists, wetlands ecologists, wildlife biologists ...etc. to complete both the ESEE and the Program phases of the project. With the understanding that we will not actually know how much of this technical assistance will be required until the project tasks are well underway, the Steering Committee has recommended the following funding allocations: $60,000 for planning and technical services, $25,000 for legal services (including the current costs in developing Intergovernmental Agreements), and $15,000 of contingency funds. During the discussions on public involvement, the Steering Committee developed rough estimates of the costs of doing the notification element of a public involvement program. Since ==Ed the precise number of notices that would be required was unknown, the Steering Committee developed both minimum and maximum estimates of the properties that would potentially be affected by the Metro decision on regionally significant Goal 5 resources. These estimates were then converted to general cost estimates which ranged from just under $14,000 on the low side to approximately $18,000 on the high side. For budgetary purposes it was determined that the safest approach would be to assume the broadest possible distribution and use the $18,000 estimate as the guide to determining notification costs. The Steering Committee has advised Metro of the minimum public notification that would be appropriate and has proposed mailing of 2 notices to potentially affected property owners within and immediately surrounding the Goal 5 resources identified by Metro and to rural areas of the Basin. The first of these 2 notices would be sent during the preliminary ESEE work phase (currently underway), with the second notice scheduled for distribution prior to the start of public hearings on the program development phase which would likely begin sometime in the late fall of 2002. The Steering Committee is recommending an appropriation of $50,000 to be applied to the Public Involvement process. These funds would generally be allocated in the following manner: 1) two direct mailings to property owners at an estimated cost of $18,000 each (totaling $86,000), and 2) $14,000 earmarked for a variety of public outreach efforts which would potentially include: open houses, WEB site development, project information mailers, public opinion surveys, neighborhood and/or community level meetings ...etc. The following table outlines the distribution of project funds as currently envisioned: TUALATIN BASIN GOAL 5 PROJECT FUNDING Technical Analysis and Program Development: o Planning and Technical $60,000.00 Services: o Legal Review: $25,000.00 o Contingency $15,000.00 funds: Sub-Total: $100,000.00 Public Involvement: o First Public Notice: $18,000.00 o Second Public Notice: $18,000.00 o General Public Outreach: $14,000.00 Sub-Total: $50,000.00 Total: $150,000.00 AGENDA ITEM # FOR AGENDA OF gmrit 23, 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _ Update to Council on'the Butterfly Garden at Cook Park PREPARED BY: b _ DEPT HEAD OK CITY MGR OK C~ INC'IL ISSUE BEFO F. THE C This, will provide information to the Council on the status of the construction of the Butterfly Garden at Cook Park STAFF RECOMIENDATION No action necessary. INFORMATION SUMMARY On January 23, 1996, Council received a financial bequest in the amount of $100,000 from US Bank Trust Group on behalf of a Tigard citizen. The bequeth was accepted by Council Resolution 96-05. The terms of the trust identified that the money should be used by the City for the purchase and development of parks. 3'he Cook Park Expansion Master Plan, which was adopted unanimously by Council on June 10th, 1997, identified the need for protecting, creating, and enhancing wetlands in natural areas. In the landscape design for Cook Park Expansion Master Plan Phase I, we designated a natural feature area, the Cook Park Butterfly Garden. The construction of Phase I development which included the Butterfly Garden, was completed in November of 2001. The construction cost of the Butterfly Garden was $68,290 with the remaining amount of $31,710 being applied towards the cost of construction of the wetland viewing gazebo. The content of the information provided regarding the plants in the Butterfly Garden will be presented in the power point presentation that is attached to the summary. OTHER ALTERNATIVES CONSIDERED No alternative necessary VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Visioning Goal #2 - A wide range of leisure and recreation opportunities are available for the Tigard community. ATTACHMENT LIST 1. Power Point Presentation FISCAL NOTES The City received $100,000 to be used for park development and/or purchase. These funds were used for construction of the Butterfly Garden ($68,290) with the remaining $31,710 being utilized for the wetland viewing gazebo construction. The Butterfly Garden consists of 31 species of plants and shrubs to attract Northwest Cascade butterflies s rd f, „jl;, ..'f-:r{tb ~'4 i~'-4I~C'~'.~.~• .f Rj ,r2' ~ r~ - ,~.i: 'f •'tf!•r! .•,Tk .J".~_•" • ~,yFryY ~ f•t f` 4 I _ 4 9°FFf y {.i. t• Butterflies are attracted to some plant r f "r • species, such as: X Moonshine Common Yarrow ` S 1r .k f}: y h Compact Oregon Grape ,'wc9 . x r Fi!r~ •rr;,~, Purple Cone Flower IMA •~•l.~ "~%1 J. , •„z; r. Black Eyed Susan ~ ~+~~l,.a.~ t tai "u i L t ~ P~~fI RR~~ IiC !~i fir' 3r`¢ nr 1.. } i Y ~ Lj`9 i ~ ~ ~77L, Uri t ~ `t~f •tq n i n• 1 -MIN aim Now= others . +=Y1 mot, Y y,~~~ w, , t as hosts by providing Plants ac food, such as: g lr > ~$c:~ = L:rM a . ~~'~'R~~r"~,"~'2 s.../ ~ t ~r, ~t 1, ;~•y~ . Sala Aster Monch rt Hea Bleeding r:rry r - . W esters ~.y'~x• f?;~~ a~'%a~%` _c~ ' , 4 Rai. F.y • violet • Lavender . Western Serviceberry `S tors and hosts ` l ants that act as attrac i are: ) .r: N J~.#•' r' r'`• w'0`~ Blue Pin Cushion Flower Butterfly Butterfly Bush ar• California Lilac Jk•,r9.. qtr "mss r a~ :M:Y`_ ~~-~•0`c~""`.. Catmint Rosc of Sharon Y ` ~Y• .J' 1µ',!r' * ti• t - r. r •y,5 4 ~/~C~t• yL /~~yK, t .y.. tn +1 s ` ; _ ,r••.~a ,~'ti.; ~ ~ ~'>~71~e^, R .iE''~,r:~ ~ 3 c7i•.~•,• ,4''t)~thy tZ,R y .?r• S'.i"a _ ~9 + . r~y ~f ~C 1"~.'..: • ti ? in:- -.as..y+,~ ?'W<Q' • r : :t, -t. ;ya 3~, "~:t; ~ +y~. 1.07 'y r4• 'e,• t . /J a~'.il'x o ti~ j • r a~ ' C, ti tr r rR R 7 now dscape rocks" for Lame lan. . the sun. warming m ®ther butterfly amenities ro vided by the garden location aTe provided h:. •'riya bti 1 ;k'a~'' 7 .v will treed area for * Fi ` r I Native and natural and shelter providing foe weather. from th x 3 OWN .1• 1,IIf}II;. Wetland ponds provide a muddy area for minerals and salts. f ' Y The natural beauty of the park with its natural areas, the wetland ponds, and the butterfly garden will provide wildlife observation and educational opportunities for many years to come. 4