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City Council Packet - 11/18/2003CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING November 18, 2003 COUNCIL MEETING WILL BE TELEVISED 110fs1DwwWslCcpkl3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Item No. EJ Council Meeting of COUNCIL MINUTES TIGARD CITY COUNCIL MEETING November 18, 2003 STUDY SESSION Called to order at 6:30 p.m. by Council President Dirksen. Council Present: Mayor Griffith (arrived at 6:42 p.m.); Councilors Dirksen, Moore, Sherwood and Wilson. ➢ DOWNTOWN TASK FORCE DISCUSSION Task Force Members Present: Mike Marr, Martha Bishop, Alexander Craghead, Mike Stevenson, and Ken Davison Council met with members of the Task Force. It is anticipated that a grant in the amount of $113,000 will be allocated to Tigard from the State for some economic development work in the downtown area. Information reviewed included the downtown redevelopment strategy, vision for the area, revitalization plan (funding, regulation). Councilor Dirksen noted the Task Force is on schedule. He said the grant will provide the opportunity to receive some expert help to determine what needs to be done to make the revitalization plan work. There was discussion on estimated time that it would take to implement the plan, the need to identify funding options, frustration in the length of time it takes, a request that more staff resources be devoted to the downtown redevelopment work. Some projects will be submitted for review during the upcoming Capital Improvement Program process, which will be submitted to the Downtown Task Force by the Tigard Central Business District Association. There was also discussion on the need to review the Community Development Code to make the downtown redevelopment process more "friendly." Councilor Dirksen suggested a timeline be prepared for the revitalization process in time for the budget process so a determination can be made as to what resources can be allocated toward this effort. In addition, Councilor Moore suggested, after comments about how other cities have been able to revitalize their downtowns, that the members contact these cities to find out how they were able to finance these improvements. Tigard City Council Meeting Minutes - November 18, 2003 Page 1 There was discussion on urban renewal also known as tax increment financing. Urban renewal has been used successfully in other cities for revitalization projects. In Tigard, a Charter provision on urban renewal states that before tax increment financing can be used for Tigard, the proposal must first be approved by Tigard voters. There was discussion on options including whether to ask the voters to repeal the urban renewal section of the Charter or to submit to voters an urban renewal proposal to fund downtown improvements. Several Task Force members said they would like to participate in some training sessions to learn about how urban renewal districts work. These sessions would include the Council and other board or committee members such as the Planning Commission. One Task Force member commented that a large percentage of the downtown property ownership was absentee. Councilor Dirksen noted that the level of interest for downtown revitalization among those in the downtown area (business and property owners) needs to be determined and some indication from them of how aggressive the city should be in taking steps to move the revitalization effort forward. City Manager Monahan suggested a survey be included in a future Cityscape issue to determine the support for revitalization efforts. It was noted that the City recently joined the Regional Economic Development Partners, which could also be used as a resource. Councilor Wilson suggested the Task Force members reach out to others, outside of individuals located in the downtown, to give and receive information. CITIZEN INVOLVEMENT - IDEAS FOR FUTURE DIRECTION Assistant to the City Manager Newton reviewed with Council the highlights of her November 7, 2003, memo regarding Citizen Involvement - Ideas for Future Direction. Much of the discussion focused on land use issues and how to get information to citizens. Ms. Newton suggested that one approach would be to use cable television and offer some information about land use once a month. Another idea was to have staff members attend the required neighborhood meetings that developers hold when proposing a new development. The developer is encouraged to have these meetings near the affected neighborhood; however it is not requirement and sometimes the meetings are held at City Hall. Councilor Wilson suggested that staff offer to meet with citizens (without the Tigard City Council Meeting Minutes - November 18, 2003 Page 2 developer present). The staff could provide citizens with information about the development and explain the Code requirements. Councilor Wilson commented that he liked the staff recommendation that communication plans be prepared for all major City programs and submitted with department budget requests. City Manager Monahan said that this item could be discussed more next week at the Council workshop meeting. (Additional Study Session Items were discussed after the Council Business meeting.) EXECUTIVE SESSION: Not held. 1. BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance - The Color Guard from Tigard American Legion Post #158 presented the colors at the beginning of the City Council meeting as part of the official completion of the City of Tigard participation in the Department of Defense commemoration of the 501 anniversary of the Korean War. The Tigard American Legion Post #158 and the City of Tigard were designated as commemorative communities and worked in partnership to accomplish the goals of the commemorative project, which included educating the public, honoring the men and women who served and honoring the 'sacrifices of the families they left behind. 1.4 Council Communications 8t Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: None 2. VISITOR'S AGENDA ➢ Hayden Haberle read a short statement noting his concerns about the possible annexation of the Bull Mountain area citing questions about the benefits that would be received and noting the increased cost would mean hardship for his family. A public hearing on this matter is scheduled for December 2, 2003. 3. CONSENT AGENDA: Motion by councilor Sherwood, seconded by Councilor Dirksen, to approve the Consent Agenda as follows: 3.1 Authorize the Chief of Police to Enter into a Cooperation Agreement with the Regional Organized Crime Narcotics Agency Tigard City Council Meeting Minutes - November 18, 2003 Page 3 3.2 Local Contract Review Board: a. Award the Gate Access Control Contract to ADT Security Services The motion was approved by a unanimous vote of Council present: Mayor Griffith Councilor Dirksen Councilor Moore Councilor Sherwood Councilor Wilson Yes Yes Yes Yes Yes 4. DISCUSSION WITH STATE SENATOR GINNY BURDICK AND STATE REPRESENTATIVE MAX WILLIAMS Mayor Griffith congratulated Representative Williams on his recent award from the League of Oregon Cities who honored him as one of the "friends of cities." Discussion with the legislators focused on the activities of the last legislative session, which was the longest session in the state's history. Issues reviewed included PERS reform, transportation planning/financing, balancing the budget, along with a number of smaller issues. Senator Burdick will now chair the Senate Judiciary Committee. Representative Williams noted the lack of certainty about the budget because of the referendum effort underway for voters to decide on the tax issue. He noted he was less concerned about the next 18 months than he was for the need to implement plans now that will provide a course for the next 18 years. He commented that for too long the state has been in crises management mode. Representative Williams is serving on a committee which is reviewing the tax system for the state of Oregon. In response to a comment from Councilor Sherwood, Senator Burdick and Representative Williams both indicated that they were surprised when the state management received a $350 bonus. Representative Williams said he was told there was an effort to unionize some of the management employees, which may have been behind the decision to offer the bonus. Now that the legislature is out of session, Senator Burdick and Representative Williams will meet with the Council on a quarterly basis, rather than monthly. They will attend the last meeting in February 2004. Tigard City Council Meeting Minutes - November 18, 2003 Page 4 5. RECOGNIZE COMPLETION OF THE THREE-YEAR COMMEMORATION OF THE WH ANNIVERSARY OF THE KOREAN City Manager Monahan presented this agenda item. In June 2002 the US Department of Defense designated the City of Tigard as a commemorative community to participate in a three-year project commemorating the 50`h anniversary of the Korean War. City Manager and the Mayor presented several people with certificates of appreciation for their work on the three-year program and the highlights of the activities since 2000 were reviewed. A 15-minute video featuring Korean War veterans from Tigard relaying their experiences was shown to the Council and audience. Patsy its Nestor of American Legion Post 5thet efforts of City Council Coordinator Susan assistance and she also acknowledged Koepping. Council approved Resolution No. 03-62, of the KorealnyWarlandethanked all who commemoration of the 50 A participated. Mayor Griffith read a proclamation noting that the citizens of Tigard recognize and express their appreciation of all who served in the Korean War and acknowledge the the Korean Ward to always remember sacrifices made by their families, and urges the people of and honor the men and women who served 6. PUBLIC HEARING (LEGISLATIVEA STTO C REETOMAINTENANCEO FEEN AANCE ND ESTABLISHING AND IMPOSING DECLARING AN EMERGENCY a. The Mayor opened the public hearing. b. City Engineer Duenas presented the staff report, which is on file with the City Recorder. Mr. Duenas reviewed the proposed ordinance, which had been reviewed by the City Council previously and the redrafted ordinance. the Key concepts of the ordinance, which are appeal process are City Recorder. PowerPoint presentation slides, C. Public Testimony: Joe Gilliam of the Oregon Grocery rAss tiatione 30300 SW P rfle aas Wilsonville, Oregon, spoke in support proposed. He noted one concern in wording on Page 3 of the Page 5 Tigard City Council Meeting Minutes - November 18, 2003 ordinance, which the Council later amended so that the second sentence of Section (10) on Page 3 ended with the words "to match existing grade." • Mr. John Frewing, 71 10 SW Lola Lane, Tigard, Oregon, testified against the proposed ordinance saying that the original street maintenance fee proposal included funding for maintenance of streetlights, sidewalks, and rights-of-way. He referred to the Comprehensive Plan, which stated that the City is charged with providing a balanced transportation plan. Mayor Griffith noted that the original proposal's "price tag was too high." At this point the City is only considering street maintenance, but will reevaluate at a later time how to address the maintenance for streetlights, sidewalks, and rights-of=way. Councilor Dirsken added that during the citizen input process, it appeared that there was insufficient support for anything other than the street maintenance portion. Mr. Frewing reiterated that he thought this matter should be approached in a balanced way. Councilor Sherwood noted that it was her understanding that the street maintenance fee needs to address road maintenance only. • Mr. Gene McAdams, 13420 SW Brittany Drive, Tigard, Oregon, testified with concerns about the street maintenance fee as proposed. He said he was concerned about how, over time, the proportionality of what is paid by businesses and what is paid by residents would be skewed so that residents would end up paying the majority of the total collected. He also spoke in support of adding the streetlights, sidewalks and traffic signals. • Andrew Spiak testified against the fee noting he disagreed with the way that the City is managing some construction projects affecting McDonald Street and O'Mara Street. d. City Engineer Duenas recommended the ordinance be adopted with the changes noted during the hearing. Mr. Duenas outlined the timing for review of the street maintenance fee ordinance after the first year it is in effect and then again in three years. The appeal committee process was referenced. e. Mayor Griffith closed the public hearing. Tigard City Council Meeting Minutes - November 18, 2003 Page 6 f. Council consideration: Motion by Councilor Dirksen, seconded by Councilor Sherwood, to adopt Ordinance No. 03-10: ORDINANCE NO. 03-10 AN ORDINANCE ESTABLISHING AND IMPOSING A STREET MAINTENANCE FEE, PROVIDING FOR COLLECTION OF THE STREET MAINTENANCE FEE, LIMITING FEE PROCEEDS TO STREET MAINTENANCE AND AMENDING THE TIGARD MUNICIPAL CODE BY ADDING A NEW CHAPTER 15.20, AND DECLARING AN EMERGENCY The motion was approved by a unanimous vote of Council present: Mayor Griffith Yes Councilor Dirksen Yes Councilor Moore Yes Councilor Sherwood Yes Councilor Wilson Yes 7. 8. UPDATE ON BRIDGEPORT VILLAGE Mr. Bruce Wood of OPUS NW provided a project review and status report on this development. He reviewed the some of the stores that may be located at this center including Crate and Barrel, Regal Cinemas, Wild Oats, Coldwater Creek, Talbots, Macaroni Grill and a number of other restaurants. $7.5 million of transportation improvements to adjacent streets will be made. Groundbreaking for the project is scheduled for December 1. MEETING WITH METRO AUDITOR ALEXIS DOW Metro Auditor Alexis Dow discussed with Council some ideas for performance/financial review and audits at Metro. Ms. Dow said she not only does financial audits, but also audits performance. Items discussed included having Metro be more involved with citizens who have concerns about some of Metro's land use decisions. In addition, the Council requested better communication about pending Metro decisions before the decision is made. The "partnership" role between cities and Metro should be developed. It was noted that more greenspace dollars were spent elsewhere in the region than in the western portion. Mayor Griffith noted his desire to have Metro complete projects they've started before starting new ones and referred to the Regional Town Centers. He said the Washington Square Regional Tigard City Council Meeting Minutes - November 18, 2003 Page 7 Center Plan is done, but there Is no funding allocated to implement elements of the plan. 9. DISCUSSION ON WASHINGTON COUNTY MAY 2004 LIBRARY LEVY Council met with WCCLS Advisory Board Member Harry Bodine. Mr. Bodine introduced Pat Biggs who accompanied him. Ms. Biggs is a former member of the Tigard-Tualatin School Board and is now the President of the Board of Directors of People for Libraries. Mr. Bodine urged the Council members to lend active support to the May 2004 Library Levy. A copy of the highlights of Mr. Bodine's presentation is on file with the City Recorder. 10. COUNCIL LIAISON REPORTS: None 11. NON AGENDA ITEMS: None 12. EXECUTIVE SESSION: Not held. The following Study Session items were discussed after the business meeting: ➢ BULL MOUNTAIN ANNEXATION PLAN - A brief discussion was held on the Community meeting (November 19, 6:30-8:30 p.m., Twality Middle School). ➢ All five Council members indicated they would be at the December 3, TFVaXR Lunch. 13. ADJOURNMENT: 10:50 p.m. aC tit-erine eat ey, ity ecor e Attest: o , i o agar Date: ` • 13 • D44 Tigard City Council Meeting Minutes - November 18, 2003 Page 8 COMMUNITY NEWSPAPERS Legal P.O. BOX 370 PHONE (503)684-0360 Notice TT 10 317 BEAVERTON, OREGON 97075 Legal CITY OF TIGARD City of Tigard OREGON 13125 SW Hall Blvd. Tigard,Oregon 97223 ps,ccounts Payable =`r Notice of Public Hearing Street Maintenance Fee The TIGARD CITY COUNCIL on Tuesday, November 18, 2003, ate 7:30 PM at the City of Tigard Town Hall, 13125 SW Hall Blvd.,' ? Tigard, Oregon, will consider adoption of an ordinance to establish a _ Street Maintenance Fee for the City of Tigard. The City Council will AFFIDAVIT OF P conduct a public hearing as part of the process for adoption of the, ? ordinance establishing the fee. This fee would be added to the City's' STATE OF OREGON, ) Ss utility bills. COUNTY OF WASHINGTON,) Copies of the proposed ordinance are available for review on or after- 12:00 Noon November 12, 2003 at City Hall, 13125 SW Hall Blvd.,, 1, Kathy Snyr3Pr Tigard, Oregon 97223. In addition, the ordinance can be viewed also being first duly sworn, depose and say than after 12:00 Noon November 12, 2003 at the City of Tigard website Director, or his principal clerk, of thV i gar (www.ci.tigard.or us) under the City Council Agenda in the City' a newspaper of general circulation as def Council packet for that meeting. Further information may be obtained' and 193.020; published at Tigard from the Engineering Department by calling 503-639-4171. aforesaid county and stggte; that the TT 10317 - Publish November 6, 2003. Public Hearing/Street Maint a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: November 6,2003 ore me this 6th day of November, 2003 ~,m.~.. Subscribed and sworn to bele OFFICIAL SEAL ROBIN A BURGESS N a Public for Oregon NOTARY PUBLIC-OREGON COMMISSION NO. 344-589 My, Commission Expires: MY COMMISSION EXPIRES MAY 16,2M COMMUNITY NEWS P.O. BOX 370 PHONE (503)684-0360 BEAVERTON, OREGON 97075 470 r `J' $ tr'o8A at ra q'Uo~s eq~J yJLh Jeq~1 j uo-1 col 'GoJS ~ s s~'ae~ ;feld aq1 a PCV eaq~ s s7 ' •ftr$oayd S oof/41 aq; 8 leu ~nq l as rtes 41 ~ 'n1s a 1 I1 rP r?41as P 4 4r nrasa~r o~,40 Pao ° 00 loot' bra t'1 S P Paa,~ ea,~ S y8r ' ~ yJagae `yiaga ,f q t 7a jw7!Uo 11;, rreAoo ,rloo` ads 4iquie poo $Ur,1o1 Pew aUO88 a►Pa Ur 8 w 1 1I~yS SUr!/rye sab yal~ peq aho Su711 rbab u0~ J9os \ Aqt bn~od17 Legal Notice Advertising City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. • ❑ Duplicate Affidavit Tigard,Oregon 97223 Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, ) ' I, Kat-h}7 Rn)ZdAr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of th~iq;; rr1-Tm; l at i n Ti pies a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and st te;that the Public HearinaTStreet Maintinance Fee a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: November 6,2003 Subscribed and sworn me this 6th clay of Nnvpmber, 2003 s~ OFFICIAL SEAL ROBIN A BURGESS N o&aj y Public for Oregon NOTARY PUBLIC-OREGON 07 COMMISSION NO. 344689 MY COMMISSION EXPIRES MAY 16, 2005 My Commission Expires: Revised 11 / 14/03 - Mayor's Agenda TIGARD CITY COUNCIL MEETING NOVEMBER 18, 2003 6:30 p.m. TIGARD CITY HALL .13125 SW HALL BLVD TIGARD, OR 97223 PUBLIC NOTICE: CITY OF TIGARD OREGON Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign In on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - NOVEMBER 18, 2003 page 1 AGENDA TIGARD CITY COUNCIL MEETING NOVEMBER 18, 2003 6:30 PM STUDY SESSION > DOWNTOWN TASK FORCE DISCUSSION > - CITIZEN INVOLVEMENT - IDEAS FOR FUTURE DIRECTION > BULL MOUNTAIN ANNEXATION PLAN - DISCUSSION ABOUT THE COMMUNITY MEETING SCHEDULED FOR NOVEMBER 19, 2003, 6:30 - 8:30 PM, AT TWALITY MIDDLE SCHOOL 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 8t Local Contract Review Board 1.2 Roll Cali 1.3 Pledge of Allegiance - The Color Guard from Tigard American Legion Post # 158 will present the colors at the beginning of the City Council meeting as part of the official completion of the City of Tigard participation in the Department of Defense commemoration of the 500 anniversary of the Korean War. The Tigard American Legion Past # 158 and the City of Tigard were designated as commemorative communities and worked in partnership to accomplish the goals of the commemorative project, which included educating the public, honoring the men and women who served and honoring the sacrifices of the families they left behind. 1.4 Council Communications 8t Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) COUNCIL AGENDA - NOVEMBER 18, 2003 page 2 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Authorize the Chief of Police to Enter into a Cooperation Agreement with the Regional Organized Crime Narcotics Agency 3.2 Local Contract Review Board: a. Award the Gate Access Control Contract to ADT Security Services • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. DISCUSSION WITH STATE SENATOR GINNY BURDICK AND STATE REPRESENTATIVE MAX WILLIAMS a. Comments by Senator Burdick and Representative Williams b. Council Discussion 8:30 PM 5. RECOGNIZE COMPLETION OF THE THREE-YEAR COMMEMORATION OF THE 50TH ANNIVERSARY OF THE KOREAN WAR a. Staff Report: Administration Staff b. Council Discussion and Acknowledgements Note: A resolution and a proclamation follow. C. Council Consideration: Resolution No. 03 - 62 Councilor: I move for adoption of the proposed Resolution. Councilor: I second the motion. Mayor. Will the City Recorder please read the number and title of the Resolution. City Recorder: (Reads as requested.) Mayor: Is there any discussion? Mayor (after discussion): All of those in favor of adopting Resolution No. please say "aye. " COUNCIL AGENDA -NOVEMBER 18, 2003 page 3 Councilors: d. Proclamation - Mayor Griffith Mayor: The citizens of Tigard recognizes and expresses their appreciation of all who served in the Korean War and acknowledges the sacrifices made by their families, and urges the people of Tigard to always remember and honor the men and women who served in the Korean War. 8:50 PM 6. PUBLIC HEARING (LEGISLATIVE) ESTABLISHING AND IMPOSING A DECLARING AN EMERGENCY a. Open Public Hearing b. Summation by Engineering Staff C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing TO CONSIDER AN ORDINANCE STREET MAINTENANCE FEE, AND g. Consideration by Council: Ordinance No. 03 - 10 Councilor. I move for adoption of the proposed Ordinance. Councilor: I second the motion. Council President: Will the City Recorder please read the number and title of the Ordinance. City Recorder: (Reads as requested.) Council President: Is there any discussion? Council President (after discussion): Will the City Recorder please conduct a roll-call vote of Council. City Recorder: Conducts roll call vote. Council President: *Ordinance No. _ (is approved or fails) by a (unanimous or however votes were split) vote. Tie votes =failed motion. COUNCIL AGENDA - NOVEMBER 18, 2003 page 4 9:10 PM 7. UPDATE ON BRIDGEPORT VILLAGE a. Staff Report: Community Development Staff b. Council Discussion 9:25 PM 8. MEETING WITH METRO AUDITOR ALEXIS DOW a. Introduction: Administration Staff b. Discussion with Metro Auditor Alexis Dow 9:35 PM 9. DISCUSSION ON WASHINGTON COUNTY MAY 2004 LIBRARY LEVY a. Introduction: Administration Staff b. Discussion with WCCLS Advisory Board Member Harry Bodine 9:45 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS 12. 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. 10:00 PM 13. ADJOURNMENT I:\ADM\CATHY\CCA\2003\031118.DOC COUNCIL AGENDA - NOVEMBER 18, 2003 page 5 G)< <Q c tca Or +u~nannc~ City of Tigard, Oregon Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I P~ , oath (or affirmation), depose and say: being first duly sworn (or affirmed), by That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 0 3 " 10 , which were adopted at the City Council meeting of ) with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the c) r AI) - , 20 G ti r)4 - day of _/1 / 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon Signature of Person who Performed Posting Subscribed and sworn (or affirmed) before me this day of Alo vim hei- , 2002. OFFICIAL SEAL GREER A GASTON Signature of Notary Public for Oregon NOTARY PUBLIC-OREGON 9 COMMISSION NO. 373020 MY COMMISSION EXPIRES OCT. 10, 2007 \\TIG333\USR\DEPTS\ADM\GREER\FORMS\AFFIDAVITS\AFFIDAVIT OF POSTING - ORDINANCE.DOC CITY OF TIGARD, OREGON ORDINANCE NO. 03- / 0 AN ORDINANCE ESTABLISHING AND IMPOSING A STREET MAINTENANCE FEE, PROVIDING FOR COLLECTION OF THE STREET MAINTENANCE FEE, LIMITING FEE PROCEEDS TO STREET MAINTENANCE AND AMENDING THE TIGARD MUNICIPAL CODE BY ADDING A NEW CHAPTER 15.20, AND DECLARING AN EMERGENCY WHEREAS, within the Street System Program, the City performs street maintenance as needed to maintain the street infrastructure; and WHEREAS, the City Council desires to develop a system whereby occupants of developed property provide funding for the continuing maintenance of the street infrastructure; and WHEREAS, the City Council finds that the development of a fee structure based on a five-year maintenance and reconstruction plan prepared by the City and allocated among residential and non- residential uses based on prevalent use of the street category to be a generally reasonable and reliable basis for implementing this ordinance; and WHEREAS, the City Council finds that allocation of the costs for residential uses on a per unit basis for both single family and multifamily units is reasonable to establishing the fees for residential use; and WHEREAS, the City Council finds that the use of minimum parking space requirements based on the Tigard Development Code for non-residential uses with a 5-space minimum and 200-space maximum takes into account businesses that draw from a larger area than just Tigard and fairly apportions costs to all non- residential uses; WHEREAS, the City Council finds that there is an urgent need to repair and maintain City streets to avoid further deterioration in order to protect the health and safety of citizens; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code is amended by adding a new Chapter 15.20 to read as follows: 15.20.010 Street Maintenance Fee - Creation and Purpose. A Street Maintenance Fee is created and imposed for the purpose of maintenance of City streets. The Street Maintenance Fee shall be paid by the responsible party for each occupied unit of real property. The purposes of the Street Maintenance Fee are to charge for the service the City provides in maintaining public streets and to ensure that maintenance occurs in a timely fashion, thereby reducing increased costs that result when maintenance is deferred. 15.20.020 Definitions. As used in this ordinance, the following shall mean: ORDINANCE No. 03- f Page 1 (1) City Engineer. The City Engineer or the City Engineer's designee. (2) Developed property or developed use. A parcel or legal portion of real property, on which an improvement exists or has been constructed. Improvement on developed property includes, but is not limited to buildings, parking lots, landscaping and outside storage. (3) Finance Director. The Finance Director or the Finance Director's designee. (4) Residential Property. Property that is used primarily for personal, domestic accommodation, including single family, multi-family residential property and group homes, but not including hotels and motels. (5) Non-residential Property. Property that is not primarily used for personal, domestic accommodation. Non-residential property includes industrial, commercial, institutional, hotel and motel, and other non-residential uses. (6) Street Functional Classification. Street classifications as described in the Tigard Transportation System Plan. a. Arterials are defined as streets having regional level connectivity. These streets link major commercial, residential, industrial and institutional areas. b. Collectors are defined by citywide or district wide connectivity. These streets provide both access and circulation within and between residential and commercial/industrial areas. c. Neighborhood routes are defined as streets that provide connections within the neighborhood and between neighborhoods. These streets provide connectivity to collectors or arterials. s d. Local streets are any streets within the City that are not designated as arterials, collectors, or neighborhood routes. These streets have the sole function of providing access to immediately adjacent land. (7) Parking space requirement. The minimum Off-Street parking requirement as required by Community Development Code Chapter 18.765. (8) Occupied unit. Any structure or any portion of any structure occupied for residential, commercial, industrial, or other purposes. For example, in a multi- family residential development, each dwelling unit shall be considered a separate occupied unit when occupied, and each retail outlet in a shopping mall shall be considered a separate occupied unit. An occupied unit may include more than one structure if all structures are part of the same dwelling unit or commercial or industrial operation. For example an industrial site with several structures that form an integrated manufacturing process operated by a single manufacturer constitutes one occupied unit. Property that is undeveloped or, if developed, is not in current use is not considered an occupied unit. ORDINANCE No. 03- Page 2 (9) Responsible party. The person or persons who by occupancy or contractual arrangement are responsible to pay for utility and other services provided to an occupied unit. Unless another party has agreed in writing to pay and a copy of the writing is filed with the City, the person(s) paying the City's water and/or sewer bill for an occupied unit shall be deemed the responsible party as to that occupied unit. For any occupied unit not otherwise required to pay a City utility bill, "responsible party" shall mean the person or persons legally entitled to occupancy of the occupied unit, unless another responsible party has agreed in writing to pay and a copy of the writing is filed with the City. Any person who has agreed in writing to pay is considered the responsible person if a copy of the writing is filed with the City. (10) Street maintenance. Any action to maintain City streets, including repair, renewal, resurfacing, replacement and reconstruction. Street Maintenance does not include the construction of new streets or street lighting. Street maintenance shall include resurfacing of existing streets, repair or replacement of curb and gutter where they exist, repair or replacement of the entire existing street structural section, repair or replacement of existing street shoulders, pavement markers, striping and other street markings, repair or replacement of existing channelization devices, adjustment of existing utilities to match finish grades, and any other related work within the existing streets to match existing grade. It includes repair or restoration of existing storm drainage systems within existing streets, but does not include installation of new drainage systems. The following are excluded from street maintenance work: repair or replacement of existing sidewalks and planter strips. 15.20.030 Administrative Officers Designated. (1) Except as provided in subsections (2) and (3) of this section, the City Engineer shall be responsible for the administration of this chapter. The City Engineer shall be responsible for developing administrative procedures for the chapter, administration of fees, consideration and assignment of categories of use, and. parking space requirements for the categories of use subject to appeal to the City Council. (2) The City Engineer shall be responsible for developing and maintaining street maintenance programs for the maintenance of City streets and, subject to City Budget Committee review and City Council approval, allocation and expenditure of budget resources for street system maintenance in accordance with this chapter. (3) The Finance Director shall be responsible for the collection of fees under this chapter. 15.20.040 Street Maintenance Fees Allocated to the Street Maintenance Fee Fund. (1) All Street Maintenance Fees received shall. be deposited to the Street Maintenance Fee Fund or other fund dedicated to the operation and maintenance of the City street system. The Street Maintenance Fee Fund shall be used for street maintenance. Other revenue sources may also be used for street maintenance. Amounts in the Street Maintenance Fee Fund may be invested by the Finance Director in accordance ORDINANCE No. 03- / (D Page 3 with State law. Earnings from such investments shall be dedicated to the Street Maintenance Fee Fund. (2) The Street Maintenance Fee Fund shall not be used for other governmental or proprietary purposes of the City, except to pay for an equitable share of the City's overhead costs including accounting, management and other costs related to management and operation of the street maintenance program. Engineering design, construction management, and other related costs, including project advertisements for bid, in the implementation of the street maintenance projects shall also be considered as being used for street maintenance. 15.20.050 Determination of Street Maintenance Fee. (1) The Street Maintenance Fee shall be established based on the following: (a) The City's 5-year maintenance and reconstruction plan for corrective and preventative maintenance of the City's street infrastructure. (b) The average annual cost based on the 5-year maintenance and reconstruction plan with costs allocated as follows: (i) Arterial maintenance costs allocated 100% to non-residential uses. (ii) Collector maintenance costs allocated 50% to residential uses and 50% to non-residential uses. (iii) Neighborhood routes and local street maintenance costs allocated 100% to residential uses. (c) For residential property,.the fee shall be charged on a per unit basis. (d) For non-residential property other than gasoline stations, the fee shall be based on the minimum number of parking spaces required by Chapter 18.765 of the Tigard Community Development Code for each occupied unit, provided however that the minimum number of parking spaces for purposes of calculating the Street Maintenance Fee shall be five and the maximum number shall be 200. (e) The Street Maintenance Fee for gasoline stations shall be based on the number of fueling positions. (2) The Street Maintenance Fee rates shall be established by Council resolution. (3) The program shall be reviewed after three years and the rates shall be re- established based on the annual average cost of an updated 5-year plan. Any overruns and underruns recorded during the three-year period shall be factored in as part of the re-establishment of the fee rates. Any additional funds for street maintenance received from the State through legislation shall also be considered ORDINANCE No. 03- l Page 4 to offset the revenue from the fees in the re-establishment of the fee rates. (4) The Finance Director shall review the revenue received from the Street Maintenance Fee after the first full year following implementation. If the revenues are not meeting the annual funding level set from the 5-year maintenance plan, the Finance Director, in coordination with the City Engineer, may recommend a fee increase sufficient to meet that funding level. Council may, at its discretion, increase the fees through resolution based on the Finance Director's recommendation. (5) In recognition that religious institutions have minimum parking space requirements that are relatively large in comparison to the actual use of those spaces, the fee for religious institutions shall be based on one-half of the minimum parking space requirements for each religious institution. 15.20.060 Determination of Amount. Billing and Collection of Fee.. (1) The minimum required number of parking spaces or the number of fueling positions for each occupied unit of nonresidential property shall be determined by the City Engineer. For uses not explicitly listed in the Tigard Development Code as to required parking, the City Engineer shall assign the use to the most similar category, considering at least the following factors as well as any other relevant information: (a) The size of the site and the building; (b) The number of employees; (c) Other developed sites with similar use. (2) The City Engineer shall establish the amount of Street Maintenance Fee payable for each unit of nonresidential property and shall inform the Finance Director of the amount. The amount payable shall be redetermined if there is a change in use or development. All redeterminations based on a change in use or development shall be prospective only. The Finance Director shall charge the per-unit Street Maintenance Fee to the responsible party for each occupied unit of residential property. (3) The Street Maintenance Fee shall be billed to and collected from the responsible party for each occupied unit. Billings shall be included as part of the bimonthly water and sewer bill for occupied units utilizing City water and/or sewer, and billed and collected separately for those occupied units not utilizing City water and/or sewer. All such bills shall be rendered bimonthly by the Finance Director and shall become due and payable upon receipt. (4) Collections from utility customers will be applied first to interest and penalties, then proportionately among the various charges for utility services and street maintenance. ORDINANCE No. 03- Page 5 (5) An account is delinquent if the Street Maintenance Fee is not paid by the due date shown on the utility bill. The City may follow the procedures for collection of delinquent accounts set forth in Section 12.03.030 and/or 12.03.040, including termination of water and/or sanitary sewer service. 15.20.070 Waiver of Fees in Case of Vacancy. (1) When any developed property within the City becomes vacant as described in Subsection 3, upon written application and approval by the Finance Director, the Street Maintenance Fee shall thereafter not be billed and shall not be a charge against the property. (2) The Finance Director is authorized to cause an investigation of any property for which an application for determination of vacancy is submitted to verify any of the information contained in the application. The Finance Director is further authorized to develop and use a standard form of application, provided it shall contain a space for verification of the information and the person signing such form affirm under penalty for false swearing the accuracy of the information provided therein. (3) For purposes of this section, a unit of property is vacant when it has been continuously unoccupied and unused for at least thirty (30) days. Fees shall be waived in accordance with this section only while the property remains vacant. Any occupancy or use of the property terminates the waiver. The City may charge any property with the appropriate Street Maintenance Fee, including charges for prior billing periods, upon determining by whatever means that the property did not qualify for waiver of charges during the relevant time. The decision of the Finance Director under subsection (1) and (2) shall be final. 15.20.080 Administrative Provisions and Appeals (1) The City Engineer shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this chapter and to determine the appropriate charges thereunder. The Responsible Party for an occupied unit may request reconsideration of the City Engineer's determination of the amount of the fee by submission of a written application to the City Engineer. The application shall be submitted in sufficient detail to enable the City Engineer to render a decision. (2) Within 30 days of the submission of a complete application requesting reconsideration of the amount of the Street Maintenance Fee to be charge to an occupied unit, the City Engineer shall render a decision on the application. The decision shall be written and shall include findings of fact and conclusions for the particular aspects of the decision, based upon applicable criteria. A copy of the decision shall be mailed to the person submitting the request. The City Engineer shall maintain a collection of such decisions. Decisions of the City Engineer, which affect the amount of fee to be charged to a property, shall be forwarded to ORDINANCE No. 03- Page 6 the Finance Director. Except as provided under subsection (4) of this section, the decision of the City Engineer is final. (3) The City Engineer may determine that the land use category is proper and that the fee charged is appropriate. However, if the decision of the City Engineer results in a change in the category of land use, the City Engineer shall assign a new use category, determine the appropriate fee for the category, and notify the Finance irec or so a e appropna e c 111angih may a made ~n a app ica a fee to be charged in the future. No back charges or refunds shall be allowed. The decision of the City Engineer under this subsection (3) only, may be appealed. (4) Council may form a subcommittee consisting of two Council members, or appoint a committee of disinterested citizens, hereinafter known as the Appeal Committee, to address any appeals to the City Engineer's decisions. A Responsible Party who disputes the determination of the City Engineer as to use category or number of required parking spaces may file a written appeal with the Appeal Committee. All appeals must be submitted within ten (10) days from the date of the City Engineer's decision, together with a filing fee in an amount set by Council by resolution. The application for appeal shall specify the reasons for the appeal and shall provide sufficient information for the Appeal Committee to render a decision. No other appeals shall be permitted. (5) The Appeal Committee shall schedule a review of each appeal and shall notify the appellant not less than ten (10) days prior thereto of the date of such review. The Appeal Committee shall conduct a hearing to determine whether there is substantial evidence in the record to support the interpretation given by the City Engineer and may continue the hearing for purposes of gathering additional information bearing on the issue. The Appeal Committee shall render an initial oral decision and shall adopt a final written decision together with appropriate findings in support thereof. The decision of the Appeal Committee shall be limited to whether the appellant has been assigned to the appropriate use category' or whether the appropriate minimum parking space requirement or number of fueling positions has been correctly identified. If the Appeal Committee should determine that a different use category should be assigned, or that the minimum parking space requirement should be revised, it shall so order, provided no refund of prior Street Maintenance Fees shall be given. Only where the committee decision results in a change in use category and/or change in the minimum parking space requirement will the filing fee on the appeal be refunded. The Appeal Committee decision shall be final. 15.20.090 Administrative Policies. (1) The following policies shall apply to the operation and scope of this chapter: (a) Street Maintenance Fees imposed under this chapter shall apply to all occupied units, occupied units owned and/or occupied by local, state and federal governments, as well as property which may be entitled to exemption from or deferral of ad valorem property taxation. ORDINANCE No. 03- C) Page 7 (b) Publicly owned park land, open spaces and greenways shall not be subject to the Street Maintenance Fee unless public off-street parking designed to accommodate the use of such areas is provided. (c) Areas used for commercial farming or forestry operations shall be billed according to the use of any structures on the site. Where a site is used exclusively for farming or forestry and not for residential or commercial uses, the site shall not be subject to the Street Maintenance Fee. Where there are different seasonal uses of structures on farm or forest land, the use category shall be determined by examining the use for the longest portion of the year. Where more than one use is made of a farming or forestry, then each use shall be examined separately and combination of use categories shall be used to determine the Street Maintenance Fee. (d) Areas encompassing railroad and public right-of-way shall not be subject to the Street Maintenance Fee. (e) Railroad property containing structures, such as maintenance areas, non- rolling storage areas and areas used for the transfer of rail transported goods to non-rail transport shall be subject to Street Maintenance Fees. (f) For newly developed properties, the fees imposed under this chapter shall become due and payable from and after the date when the developed property is connected to the public water or sanitary sewer system. (2) The City Engineer is authorized and directed to review the operation of this chapter and where appropriate recommend changes thereto in the form of administrative policies for adoption of the City Council by resolution. Administrative policies are intended to provide guidance to property owners, subject to this chapter, as to its meaning or operation, consistent with policies expressed herein. Policies adopted by the Council shall be given full force and effect, and unless clearly inconsistent with this chapter shall apply uniformly throughout the City. (3) If an occupied unit of nonresidential property is used for more than one use with different minimum parking requirements, the Street Maintenance Fee shall be based on the required parking for the total of the various uses. 15.20.100 Penalty. In addition to any other remedy, violation of any provision of this chapter shall be a Class A Civil Infraction. Each day of delinquency in paying the Street Maintenance Fee constitutes a separate violation. 15.20.110 Severability. (1) In the event any section, subsection, paragraph, sentence or phrase of this chapter or any administrative policy adopted herein is determined by a court of competent ORDINANCE No. 03- /0 Page 8 jurisdiction to be invalid or unenforceable, the validity of the remainder of the chapter shall continue to be effective. If a court of competent jurisdiction determines that this chapter imposes a tax or charge, which is therefore unlawful as to certain but not all affected properties, then as to those certain properties, an exception or exceptions from the imposition of the Street Maintenance Fee shall thereby be created and the remainder of the chapter and the fees imposed thereunder shall continue to apply to the remaining properties without interruption. (2) Nothing contained herein shall be construed as limiting the City's authority to levy special assessments in connection with public improvements pursuant to applicable law. SECTION 2: An emergency is declared to protect the health and safety of Tigard citizens to prevent delay in implementation of street repair and maintenance. The portion of Section 1 of this ordinance establishing Tigard Municipal Code section 15.20.020 shall take effect immediately on passage. The remainder of Section 1 shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U(I A 191 KS vote of all Council members present after being read by number and title only, this 14 - day of 1UU✓e m b't_ , 2003. Catherine Wheatley, City Record APPROVED: By Tigard City Council this IQt~, day of '2003. Ja es E. Griffk ",a)T- Appro,wo as to form: C3 City A omey a ~ID " Dat Lierte aUk-t meieww" im%om5 .,c W W re,a,.wn4evhea.aeet ma:N be arQ ~ 11-4-0.,.ax ORDINANCE No. 03-1 l7 Page 9 Ordtnr,~nc~ IC.0C(V- cl:_i. City of Tigard, Oregon" I Z~~o3 Affidavit of Posting CITY OF TIGARD OREGON In the Matter of the Proposed Ordinance(s) STATE OF OREGON ) County of Washington ) ss. City of Tigard ) being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) which were adopted at the City Council meeting of with a copy(s) of said Ordinance(s) being hereto attached and by reference made a part hereof, on the ~-~1 20 Uj--- day of 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Building, 8777 SW Burnham, Tigard, Oregon Signature of Person who Performed Posting S bscribe and sworn (or af~ed) before me this -2-v _ day of 1/~i!/Y 1 ~ - , 20 _Q o OFFICIAL SEAL J BENGTSON NOTARY PUBLIC-OREGON COMMISSION NO. 368086 MY COMMISSION EXPIRES APR. 27, 2007 Signature of Notary Public for Oregon \\TIG333\USR\DEPTSWDM\GREER\FORMS\AFFIDAVITSWFFIDAVIT OF POSTING - ORDINANCE.DOC CITY OF TIGARD, OREGON ORDINANCE NO.03- L u AN ORDINANCE ESTABLISHING AND IMPOSING A STREET MAINTENANCE FEE, PROVIDING FOR COLLECTION OF THE STREET MAINTENANCE FEE, LMTING FEE PROCEEDS TO STREET~MAINTENANCE A ER 15.20, AND DECLARING AN EMERGENCY MUNICIPAL CODE BY ADDING A NEW WHEREAS, within the Street System Program, the city performs street maintenance as needed to maintain the street infrastructure; and WHEREAS, the City Council desires to develop a system whereby occupants of developed property provide funding for the continuing maintenance of the street infrastructure; and WHEREAS, the City Council finds that the development of a fee structure based on a five-year maintenance and reconstruction plan prepared by thb City and allocated among residential and non- residential uses based on prevalent use of the street category to be a generally reasonable and reliable basis for implementing this ordinance; and WHEREAS, the City Council finds that allocation of the costs for residential uses on a per unit basis for both single family and multifamily units is reasonable to establishing the fees for residential use; and WHEREAS, the City Council finds that the use of minimum parking space requirements based on the Tigard Development Code for non-residential uses with a 5-space minimum and 200-space maximum takes into account businesses that draw from a larger area than just Tigard and fairly apportions costs to all non- residential uses; WHEREAS, the City Council finds that there is an urgent need to repair and maintain City streets to avoid further deterioration in order to protect the health and safety of citizens; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Municipal Code is amended by adding a new Chapter 15.20 to read as follows: 15.20.010 Street Maintenance Fee - Creation and Purpose. A Street Maintenance Fee is created and imposed for the purpose of maintenance of City streets. The Street Maintenance Fee shall be paid by the responsible party for each occupied unit of real property. The purposes of the Street Maintenance Fee are to charge for the service the City provides in maintaining public streets and to ensure that maintenance occurs in a timely fashion, thereby reducing increased costs that result when maintenance is deferred. ORDINANCE No. 03- /p Page 1 15.20.020 Definitions. As used in this ordinance, the following shall mean: (1) City Engineer. The City Engineer or the City Engineer's designee. (2) Developed property or developed use. A parcel or legal portion of real property, on which an improvement exists or has been constructed. Improvement on developed property includes, but is not limited to buildings, parking lots, landscaping and outside storage. (3) Finance Director. The Finance Director or the Finance Director's designee. (4) Residential Property. Property that is used primarily for personal, domestic accommodation, including single family, multi-family residential property and group homes, but not including hotels and motels. (5) Non-residential Property. Property that is not primarily incused lud for industrialpersonal, domestic accommodation. Non-residential property commercial, institutional, hotel and motel, and other non-residential uses. (6) Street Functional Classification. Street classifications as described in the Tigard Transportation System Plan. a. Arterials are defined as streets having regional level connectivity. These streets link major commercial, residential, industrial and institutional areas. and connectivity. b. Collectors between t residential and th are access land l circulaton district provide de commercial/industrial areas. c. Neighborhood routes are defined as streets that provide connections within the neighborhood and between neighborhoods. These streets provide connectivity to collectors or arterials. d. Local streets are any streets within the City that are not designated as arterials, collectors, or neighborhood routes. These streets have the sole function of providing access to immediately adjacent land. (7) Parking space requirement. The minimum Off-Street parking requirement as required by Community Development Code Chapter 18.765. (8) Occupied unit. Any structure or any portion of. any structure occupied for residential, commercial, industrial, or other purposes. For example, in a multi- family residential development, each dwelling unit shall be considered a separate occupied unit when occupied, and each retail outlet in a shopping mall shall be considered a separate occupied unit. An occupied unit may include more than one structure if all structures are part of the same dwelling unit or commercial or industrial operation. For example an industrial site with several structures that form an integrated manufacturing process operated by a single manufacturer ORDINANCE No. 03-)D Page 2 constitutes one occupied unit. Property that is undeveloped or, if developed, is not in current use is not considered an occupied unit. (9) Responsible party. The person or persons who by occupancy or contractual arrangement are responsible to pay for utility and other services provided to an occupied unit. Unless another party has agreed in writing to pay and a copy of the writing is filed with the City, the person(s) paying the City's water and/or sewer bill for an occupied unit shall be deemed the responsible party as to that occupied unit. For any occupied unit not otherwise required to pay a City utility bill, "responsible party" shall mean the person or persons legally entitled to occupancy of the occupied unit, unless another responsible party has agreed in writing to pay and a copy of the writing is filed with the City. Any person who has agreed in writing to pay is considered the responsible person if a copy of the writing is filed with the City. (10) Street maintenance. Any action to maintain City streets, including repair, renewal, resurfacing, replacement and reconstruction. Street Maintenance does not include the construction of new streets or street lighting. Street maintenance shall include resurfacing of existing streets, repair or replacement of curb and gutter where they exist, repair or replacement of the entire existing markers, astriping and other replacement of existing street shoulders, pavement street markings, repair or replacement of existing channelization devices, adjustment of existing utilities to match finish grades, and any other related work within the existing streets to match existing grade. It includes repair or restoration of existing storm drainage systems within existing streets, but does not include installation of new drainage systems. The following are excluded from street maintenance work: repair or replacement of existing sidewalks and planter strips. 15.20.030 Administrative Officers Designated. (1) Except as provided in subsections (2) and (3) of this section, the City Engineer shall be responsible for the administration of this chapter. The City Engineer shall be responsible for developing administrative procedures for the chapter, administration of fees, consideration and assignment of categories of use, and parking space requirements for the categories of use subject to appeal to the City Council. (2) The City Engineer shall be responsible for developing and maintaining street maintenance programs for the maintenance of City streets and, subject to City Budget Committee review and City Council approval, allocation and expenditure of budget resources for street system maintenance in accordance with this chapter. (3) The Finance Director shall be responsible for the collection of fees under this chapter. 15.20.040 Street Maintenance Fees Allocated to the Street Maintenance Fee Fund. (1) All Street Maintenance Fees received shall be deposited to the Street Maintenance Fee Fund or other fund dedicated to the operation and maintenance of the City street ORDINANCE No. 03-/0 Page 3 system. The Street Maintenance Fee Fund shall be used for street maintenance. Other revenue sources may also be used for street maintenance. Amounts in the Street Maintenance Fee Fund may be invested by the Finance Director in accordance with State law. Earnings from such investments shall be dedicated to the Street Maintenance Fee Fund. (2) The Street Maintenance Fee Fund shall not be used for other governmental or proprietary purposes of the City, except to pay for an equitable share of the City's overhead costs including accounting, management and other costs related to management and operation of the street maintenance program. Engineering design, construction management, and other related costs, including project advertisements for bid, in the implementation of the street maintenance projects shall also be considered as being used for street maintenance. 15.20.050 Determination of Street Maintenance Fee. (1) The Street Maintenance Fee shall be established based on the following: (a) The City's 5-year maintenance and reconstruction plan for corrective and preventative maintenance of the City's street infrastructure. (b) The average annual cost based on the 5-year maintenance and reconstruction plan with costs allocated as follows: (i) Arterial maintenance costs allocated 100% to non-residential uses. (ii) Collector maintenance costs allocated 50% to residential uses and 50% to non-residential uses. (iii) Neighborhood routes and local street maintenance costs allocated 100% to residential uses. (c) For residential property, the fee shall be charged on a per unit basis. (d) For non-residential property other than gasoline stations, the fee shall be based on the minimum number of parking spaces required by Chapter 18.765 of the Tigard Community Development Code for each occupied unit, provided however that the minimum number of parking spaces for purposes of calculating the Street Maintenance Fee shall be five and the maximum number shall be 200. (e) The Street Maintenance Fee for gasoline stations shall be based on the number of fueling positions. (2) The Street Maintenance Fee rates shall be established by Council resolution. (3) The program shall be reviewed after three years and the rates shall be re- established based on the annual average cost of an updated 5-year plan. Any ORDINANCE No. 03- 10 Page 4 overruns and underruns recorded during the three-year period shall be factored in + as part of the re-establishment of the fee rates. Any additional funds for street maintenance received from the fees an the ~e-estabgishme t of the fee ratesonsidered to offset the revenue from the (4) The Finance Director the firs t full year following implementation. If the r enues review the revenue received Maintenance Fee after th are not meeting the annual funding level set from the 5-year maintenance plan, the Finance Director, in coordination with the City Engineer, may recommend a fee increase sufficient to met ha resolution level. othe may, Finance Directorns increase the fees through recommendation. (5) In recognition that religious institutions have minimum parking space requirements that are relatively large in comparison to the actual use of those spaces, the fee for religious institutions shall be based on one-half of the minimum parking space requirements for each religious institution. 15.20.060 Determination of Amount Billing and Collection of Fee.. (1) The minimum required number of parking spaces or the number of fueling positions for each occupied unit of nonresidential Pn the Tigard De lopmen Codeeas lto Engineer. For uses not explicitly listed required parking, the City Engineer shall assign the use to the most similar category, considering at least the following factors as well as any other relevant information: (a) The size of the site and the building; (b) The number of employees; (c) other developed sites with similar use. (2) The City Engineer shall establish property and shall inform he Finance DrectoFof payamounable each unit of nonresidential prop y an se or The amount payable shall be a dhtang in use or developmeng hallube prospect ~e only. All redeternunatonshased The Finance Director shall charge the -ureet Maintenance Fee to the responsible party for each occupied unit of residential property. onsible (3) The Street Maintenance Fshall shailbeincluded to and collected from the as part of the bimonthly water party for each occupied amt. Billings and sewer bill for occupied units units noCity water t utilizing City watereand/or seiWled anted collected separately for those occupied utri such bills shall be rendered bimonthly by the Finance Director and shall become due and payable upon receipt. oRDiNANCE No. 03- / 0. Page 5 (4) Collections from utility customers will be applied first to interest and penalties, then proportionately among the various charges for utility services and street maintenance. (5) An account is delinquent if the Street Maintenance Fee is not paid by the due date shown on the utility bill. The City may follow the procedures for collection of delinquent accounts set forth in Section 12.03.030 and/or 12.03.040, including termination of water and/or sanitary sewer service. 15.20.070 Waiver of Fees in Case of Vacancy. (1) When any developed property within the City becomes vacant as described in Subsection 3, upon written application and approval by the Finance Director, the Street Maintenance Fee shalt thereafter not be billed and shall not be a charge against the property. (2) The Finance Director is authorized to cause an investigation of any property for which an application for determination of vacancy is submitted to verify any of the information contained in the application. The Finance Director is further authorized to develop and use a standard form of application, provided it shall contain a space for verification of the information and the person signing such form affirm under penalty for false swearing the accuracy of the information provided therein. (3) For purposes of this section, a unit of property is vacant when it has been continuously unoccupied and unused for at least thirty (30) days. Fees shall be waived in accordance with this section only while the property remains vacant. Any occupancy or use of the property terminates the waiver. The City may charge any property with the appropriate Street Maintenance Fee, including charges for prior billing periods, upon determining by whatever means that the property did not qualify for waiver of charges during the relevant time. The decision of the Finance Director under subsection (1) and (2) shall be final. 15.20.080 Administrative Provisions and Appeals (1) The City Engineer shall have the initial authority and responsibility to interpret all terms, provisions and requirements of this chapter and to determine the appropriate charges thereunder. The Responsible Party for an occupied unit may request reconsideration of the City Engineer's determination of the amount of the fee by submission of a written application to the City Engineer. The application shall be submitted in sufficient detail to enable the City Engineer to render a decision. (2) Within 30 days of the submission of a complete application requesting reconsideration of the amount of the Street Maintenance Fee to be charge to an occupied unit, the City Engineer shall render a decision on the application. The decision shall be written and shall include findings of fact and conclusions for the particular aspects of the decision, based upon applicable criteria. A copy of the ORDINANCE No. 03- ! D Page 6 decision shall be mailed to the person submitting the request. The City Engineer shall maintain a collection of such decisions. Decisions of the City Engineer, which affect the amount of fee to be charged to a property, shall be forwarded to the Finance Director. Except as provided under subsection (4) of this section, the decision of the City Engineer is final. (3) The City Engineer may determine that the land use category is proper and that the fee charged is appropriate. However, if the decision of the City Engineer results in a change in the category of land use, the City Engineer shall assign a new use category, determine the appropriate fee for the category, and notify the Finance Director so that the appropriate change may be made in the applicable fee to be charged in the future. nn a bhis subsection (3) only, may be appealed. The decision of the City Engineer (4) Council may form a subcommittee consisting of two Council members, or appoint a committee of disinterested citizens, hereinafter known as the Appeal Committee, to address any appeals to the City Engineer's decisions. A Responsible Party who disputes the determination of the City Engineer as to use category or number of required parking spaces may file a written appeal with the Appeal Committee. All appeals must be submitted within ten (10) days from the date of the City Engineer's decision, together with a filing fee in an amount set by Council by resolution. The application for appeal shall specify the reasons for the appeal and shall provide sufficient information for the Appeal Committee to render a decision. No other appeals shall be permitted. (5) The Appeal Committee shall schedule a review of each appeal and shall notify the appellant not less than ten (10) days prior thereto of the date of such review. The Appeal Committee shall conduct a hearing to determine whether there is substantial evidence in the record to support the interpretation given by the City Engineer and may continue the hearing for purposes of gathering additional information bearing on the issue. The Appeal Committee shall render an initial oral decision and shall adopt a final written decision together with appropriate findings in support thereof. The decision of the Appeal Committee shall be limited to whether the appellant has been assigned to the appropriate use category, or whether the appropriate minimum parking space requirement or number of fueling positions has been correctly identified. If the Appeal Committee should determine that a different use category should be assigned or that the minimum parking space requirement should be revised, it shall so order, provided no refund of prior Street Maintenance Fees shall be given. Only where the committee the minimum parking decision results in a change in use will the filing fee on the ppeal/be refunded nThe Appeal Committee space requirement decision shall be final. 15.20.090 Administrative Policies. (1) The following policies shall apply to the operation and scope of this chapter: (a) Street Maintenance Fees imposed under this chapter shall apply to all occupied units, occupied units owned and/or occupied by local, state and ORDINANCE No. 03- 1 l7 Page 7 federal governments, as well as property which may be entitled to exemption from or deferral of ad valorem property taxation. (b) Publicly owned park land, open spaces and greenways shall not be subject to the Street Maintenance Fee unless public off-street parking designed to accommodate the use of such areas is provided. (c) Areas used for commercial farming or forestry operations shall be billed according to the use of any structures on the site. Where a site is used exclusively for farming or forestry and not for residential or commercial uses, the site shall not be subject to the Street Maintenance Fee. Where there are different seasonal uses of structures on farm or forest land, the use category shall be determined by examining the use for the longest portion of the year. Where more than one use is made of a farming or forestry, then each use shall be examined separately and combination of use categories shall be used to determine the Street Maintenance Fee. (d) Areas encompassing railroad and public right-of-way shall not be subject to the Street Maintenance Fee. (e) Railroad property containing structures, such as maintenance areas, non- rolling storage areas and areas used for the transfer of rail transported goods to non-rail transport shall be subject to Street Maintenance Fees. (f) For newly developed properties, the fees imposed under this chapter shall become due and payable from and after the date when the developed property is connected to the public water or sanitary sewer system. (2) The City Engineer is authorized and directed to review the operation of this chapter and where appropriate recommend changes thereto in the form of administrative policies for adoption of the City Council by resolution. Administrative policies are intended to provide guidance to property owners, subject to this chapter, as to its meaning or operation, consistent with policies expressed herein. Policies adopted by the Council shall be given full force and effect, and unless clearly inconsistent with this chapter shall apply uniformly throughout the City. (3) If an occupied unit of nonresidential property is used for more than one use with different minimum parking requirements, the Street Maintenance Fee shall be based on the required parking for the total of the various uses. 15.20.100 Penalty. In addition to any other remedy, violation of any provision of this chapter shall be a Class A Civil Infraction. Each day of delinquency in paying the Street Maintenance Fee constitutes a separate violation. 15. SeverabilitI . ORDINANCE No. 03- ! Q Page 8 jurisdiction to be invalid or unenforceable, the validity of the remainder of the chapter shall continue to be effective. If a court of competent jurisdiction determines that this chapter imposes a tax or charge, which is therefore unlawful as to certain but not all affected properties, then as to those certain properties, an exception or exceptions from remaind the imposition of the Street Maintenance Fee shall thereby be created and d the remaining of the chapter and the fees imposed thereunder shall continue to apply properties without interruption. (2) Nothing contained herein shall be construed as limiting the City's authority to levy special assessments in connection with public improvements pursuant to applicable law. f Tigard prev SECTION 2: An emergency is declared to protect the of street repair health and safety maintenance. oThe portionlof S ction leof delay in implementation this ordinance establishing Tigard Municipal Code section 15.20.020 shall take effect immediately on passage. The remainder of Section 1 shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. U11Q~~YY1~U S vote of all Council members present after being read by number PASSED: By rZL 2003. and title only, this -19-5t day of 0%2 Catherine Wheatley, City Recordet) da , APPROVED: By Tigard City Council this Y of 2003. Ja es E. Gr , a` Approved as to form: City Attorney O Date I.bn9U~laVeel nlq nt nance I e%Gnjkwce and readution'Mi-M street maintenance tae ordinance 11.4-07.doc ORDINANCE No. 03- 10 Page 9 AGENDA TIGARD CITY COUNCIL BUSINESS MEETING - STUDY SESSION November 18, 2003 - 6:30 p.m. 13125 SW Hall Boulevard, Tigard, Oregon back Town . The The Study Session held the Red o« attend all or part of he meeting. If the number of at a dee exceeds Council encourages interested citizens the capacity of he Conference Room, the Council may move the Study Session to he Town Hall. 6:30 PM STUDY SESSION > DOWNTOWN TASK FORCE DISCUSSION PLAN FUTURE > CITIZEN INVOLVEMENNEXAT ON FOR D DISCUSSION ABOUT THE > BULL MOUNTAIN AN COMMUNITY MEETING SCHEDULED SCHOOLNOVEMBER 19, 2003, 6:30-8:30 PM, AT TWALITY MIDDLE ADMINISTRATIVE ITEMS ■ Revised Agenda: Item 5 - Added a Proclamation for the Mayor to Announce regarding the Korean War Commemoration (see attached) Item 8 - Alexis Dow of Metro will be present (see attached) Item 9 - Harry Bodine of the WCCLS Advisory Board will discuss the Washington County May 2004 Library levy with the City Council ■ Pledge of Allegiance - The Color Guard from Tigard American Legion Post #158 will present the colors at the beginning of the City Council meeting as part of the official completion of the City of Tigard participation in the Department of Defense commemoration of the 50th anniversary of the Korean War. The Tigard American Legion Post #158 and the City of Tigard were designated as commemorative communities and worked in partnership to accomplish the goals of the commemorative project, which omen who served included educating the public, nori tthe men and hey eft behind. and honoring the sacrifices of the families ■ Senator Burdick and Representative Williams will be present during the Business meeting. This will be their last meeting with the Council for 2003. Senator Burdick and Representative Williams suggest that they meet with Council on a e agreeable quarterly basis. Staff suggests that the e at quarterly a bus'nessemeet~ingr in February 2004. Council that we begin meeting Attached Is Information received today from David Barenberg of the League of Oregon Cities summarizing some information regarding Senator Burdick and Representative Williams. Citizen question cards are available at the podium at the back of Town Hall if citizens arrive who want to pose questions to the legislators. Calendar Review December 2 - Council Meeting - 6:30 p.m. December 3 - Lunch with TVFuR - Noon at Burnham Street Station (Cathy would like final count of those who can attend.) December 9 - No items scheduled for this meeting date. Mayor Griffith and Councilor Sherwood will be absent. December 16 - Council Meeting 6:30 p.m. January 12 - Council Goal Setting Session - 1 p.m. - Tigard Water Auditorium January 13 - Council Meeting - 6:30 p.m. - State of the City Address January 20 - Special Workshop Session 5 p.m., Transportation Strategic Planning January 27 - Council Meeting - 6:30 p.m. Land Use Board of Appeals - Oral argument in the Media Art case - November 20, 6 p.m., Lewis and Clark Law School Holiday Tree Lighting Event - Downtown - 6 p.m. hayrides; 7 pm. Santa arrives Press Release Distributed: Enron to Sell Portland General Electric to Oregon Utility Co. 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. 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 (1) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (1) (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 (1) (e) - Real property transaction negotiations. 660 (1) (f) - 192 Exempt public records - to consider records that are "exempt by law from . public inspection." These records are specifically Identified in the Oregon 192-660 (1) (g) - Revised Statutes. Trade negotiations - involving matters of trade or commerce in which the governing body is competing with other governing bodies. 660 (1) (h) - 192 Legal counsel - Executive session are appropriate for consultation with . counsel concerning legal rights and duties regarding current litigation or 660 (1) (1) - 192 litigation likely to be filed. To review and evaluate, pursuant to standards, criteria, and policy . directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (1) Public investments - to carry on negotiations under ORS Chapter 293 r businesses regarding proposed acquisition, exchange with private persons o or liquidation of public investments. 192.660 (1) (k)- Relates to health professional regulatory board. Agenda Item No. S l,~ - r r 1 Council Meeting of Administration TO: Honorable Mayor and City Council FROM: Liz Newton, Assistant to the City Manager t v DATE: November 7, 2003 SUBJECT: Citizen Involvement - Ideas for Future Direction CITY OF TIGARD Shaping A Better Community This memo addresses proposed changes in the City's overall citizen involvement program designed to provide more opportunities to educate, involve and inform citizens. Neighborhood Associations: At the October 21 City Council meeting, Council discussed the idea of pursuing the formation of neighborhood associations. Staff proposed doing some initial research to gather information from other cities on structure, costs, benefits and disadvantages of neighborhood associations. Council consensus was that staff limit the time spent on researching this issue as Council was hesitant about the benefit of establishing neighborhood associations given the City's past experiences and the observation that people are very busy and have little time to attend meetings. Staff will report on the findings at a meeting in April 2004. Land Use 101: City Council members have expressed an interest in a Land Use 101 program that would educate citizens on an ongoing basis about how the land use process works and how interested citizens can be effectively involved. The planning staff has taped two cable programs on Land Use 101. They are available in the Library. The program has not been updated on a regular schedule and probably should be revised annually. Those taped programs do not address the Council's interest in an ongoing program. There are a couple of approaches that could be taken for an ongoing Land Use 101 program. One approach would be to have staff tape a program each month that would use current land use applications as the basis for educating and informing the public about how the land use process works, how specific provisions of the development code apply and how interested citizens can get involved in the process. The program could then air on cable television throughout the month and tapes could be made available for citizens to check out at the Library. A variation on that approach would be to include a 10 to 15 minute segment on Focus on Tigard each month that would detail an aspect of the land use review and approval process based on current proposals. A second approach would be to schedule a monthly meeting for citizens to attend that would feature different aspects of the land use process and relate the discussion to current development issues. For example, a discussion on Planned Developments using a current PD application as the context for the discussion. Staff will proceed with the development of a Land Use 101 program based on Council's decision. Neighborhood Meetings: Neighborhood meetings are required before applicants can submit land use proposals for review. The neighborhood meetings are a good opportunity to educate citizens about the land use process. Currently, staff does not attend the meetings. Part of the Land Use 101 program could be to have staff attend the neighborhood meetings and use the proposed developments and applications under discussion to educate citizens about process, requirements and opportunities to provide input. Concerns have been raised about scheduling staff to attend the evening meetings. Currently, each applicant schedules his/her own meeting. According to records in the planning department an average of 4 - 5 neighborhood meetings are held each month. One option would be to hold two meetings per month and group the applications so that more than one proposal is discussed at each meeting. The meetings could be held at City Hall on Monday nights prior to Planning Commission and Hearings Officer meetings when staff is already scheduled to work evenings. Staff will pursue revisions to the neighborhood meeting program based on Council's decision. Should Council direct staff to pursue changes to the Neighborhood Meeting program, the community development staff will evaluate how the changes will impact the workload and program priorities and come back to Council with a schedule to implement the changes. Communication Plans: Many of the City's programs and projects have communication plans in place to ensure opportunities for citizen education, information and input where appropriate. Examples include the Bull Mountain Annexation Plan, the Library bond and long-term water supply issue. Many of the City's ongoing programs however do not have communication plans. The volunteer program, development review process, capital improvement program, infrastructure maintenance, Library programming and neighborhood watch programs could all benefit from communication plans. Those plans would identify opportunities to a, inform and educate the public and solicit input when appropriate. They would also serve as a planning tool to schedule Focus on Tigard presentations, press releases, community meetings and other communication tools. Staff recommends that communication plans be prepared for all major City programs and submitted with department budget requests. m j Next Step: Based on Council direction, staff will develop new and expanded citizen involvement elements for review at the Council Goal Setting in January. 11admUizVn6m0 to mayorcouncil-citizen involvement.doc Agenda Item No. Council Meeting of lSS C73 PROCLAMATION Commemoration of the 50"b Anniversary of the Korean War WHEREAS, 53 years ago, on June 25, 1950, members of our armed forces were called overseas to fight in the conflict between North Korea and the Republic of South Korea; and WHEREAS, during the Korean War, our service men and women made great sacrifices in the name of freedom; and WHEREAS, over 5,000 Korean War veterans reside in Washington County; and WHEREAS, Tigard American Legion Post 158 and the City of Tigard were designated as commemorative partners by the Department of Defense to participate in the three-year commemoration of the 501 anniversary of the Korean War; and WHEREAS, local Korean War veterans participated Informing and educating community members regarding the Korean War; and WHEREAS, Americans should keep alive the principles for which all veterans and their families sacrifice; NOW THEREFORE BE IT RESOLVED THAT 1, James E. Griffith, Mayor of Tigard, on behalf of the entire City Council, do hereby proclaim that the community of Tigard recognizes and expresses their appreciation of all who served in the Korean War and acknowledges the sacrifices made by their families and urge the people of Tigard to loin me in always remembering, and honoring those men and women who served in the Korean War. Dated this day of 2003• IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. James E. Griffith, Mayor City of Tigard Attest: City Recorder DISCUSSION WITH METRO AUDITOR ALEXIS DOW - TIGARD CITY COUNCIL NOVEMBER 18, 2003 Agenda Item No. 19 1 Council Meeting of i I . R. Oa> Thank you for this opportunity to have a dialogue with you. I am seeking your input for upcoming audit reviews at Metro. Your ideas will help me focus our work on areas that are relevant, significant and add value to Metro and thus the region. Our work usually focuses on performance reviews. These reviews address the effectiveness of Metro activities as well as whether or not money spent yields good value. I'd like to know how you think Metro Auditor could help Metro bring value to you and its other stakeholders. This includes improving programs or processes, improving services to its stakeholders and increasing revenues and/or reducing costs. What can Metro do better? What issue would you spend money on now to resolve at Metro? e What is the biggest issue the City has with Metro? What do you see as important trends in the region? Thank you - your thoughts are important to me. 600 NORTHEAST GRAND AVENUE I PO R T LAND, OREGON 972 32 2736 T E L 5 0 1 7 9 7 1 8 9 1 F A% 5 0 3 7 9 7 1 8 3 1 II METRO OFFICE OF THE AUDITOR September 19, 2003 Craig Dirksen Council President Tigard City Council 13125 SW Hall Blvd Tigard OR 97223-8195 Dear Council President Dirksen: '1~CE/VE'A C o SEP 2 310 T r Copies to: Mayor/Council ✓ Other: City Manager Gl+/ Council File _V., As a fellow elected official in the Metro region, you have a stake in what happens in your regional government. Accordingly, I am seeking your input for upcoming audit reviews. Your ideas will help me focus our work on areas that are relevant, significant and add value to Metro and thus the region. Our work usually focuses on performance reviews. These reviews address the effectiveness of Metro activities as well as whether or not money spent yields good value. We fully recognize that the least expensive option may not yield the best value. Please think about ways that I, as Metro Auditor, could help Metro bring value to you and its other stakeholders. This includes: • improving programs or processes • improving services to its stakeholders • increasing revenues and/or reducing costs. Your thoughts are important to me. In order to facilitate communication, I request a few minutes on one of your upcoming agendas to gather input from you and your fellow Councilors as individuals as well as the Tigard City Council as a whole. You can reach my assistant, Camrynne Six, at 503-797-1892 or sixc@metro.dst.or.us to arrange a time for this discussion on your agenda. You may also reach me directly at 503-797-1891 or dowa@metro.dst.or.us. I look forward to hearing from you! Very truly yours, Alexis Do CPA Metro Auditor H O T L I N E P H O N E 503 2 30 0600 H O T L I N E E-MAIL ME T R O A U D I T O R O M E T R O. DST OR US W W W, M E F R 0- R E G 10 N. O R G Recycled P-P- Rep. Max Williams and Senator Ginny Burdick have both been friends of cities. Both have generally opposed preempting local government authority. Both Sen. Burdick and Rep. Williams are legislators that the League staff has sought out for advice. This past weekend the League voted to honor Rep. Williams with a friend of Cities Award for his work on behalf of city issues. The issues of most concern to cities when the legislature comes back in special session are to preserve local shared revenue (from the cigarette tax and ) as well as repel assaults on collective bargaining (as in SB 444, SB 445, and SB 446). Sen. Burdick and Rep. Williams are the co-chairs of the legislature's Joint judiciary Committee over the interim. As chair of the Judiciary Committee Rep. Williams was a voice of logic and reason. He was helpful to cities on a variety of issues, both helping too advance issues of importance to cities and also helping to kill bills that were harmful to local government. As a member of the house Revenue Committee, Rep. Williams staunchly opposed the preemption in the Transient Lodging Bill. His opposition provided the leverage that enabled cities to preserve flexibility in the administration of local Transient Lodging Taxes. On personnel issues, he voted for PERS reform as well as having opposed SB 444, SB 445 SB 446 and HB 2237 that would have increased the cost and weakened the management of public safety employees. Rep. Williams is a member of the Legislature's's Joint Tax Reform Committee. We hope that he will not look to preempting local sales tax authority in any proposals to adopt a sales tax. This session Sen. Burdick continued her opposition to preempting city authority and her support for local shared revenue. She was helpful to cities on the wide variety of issues that came before the Senate Rules Committee, including land use and election reform. She was also instrumental in keeping a number of harmful bills from seeing the light of day. Sen. Burdick also stood with cities and took courageous votes for PERS reform (most of the her party members voted against). The one area that cities differed with Sen. Burdick was on collective bargaining. She voted for SB 444, SB 445 SB 446 and HB 2237 that would have increased the cost and weakened the management of public safety employees. Senator Burdick is also a member of the Interim Senate Rules Committee. tiyo Enron P.O. Box 1188 Houston, TX 77251-1188 News Release Contacts: For Oregon Electric Utility Company Tom Imeson 503-221-2012 tomimeson@neilg.com For Enron Mark Palmer 713-853-4738 mark.palmer@enron.com For TPG Owen Blicksilver 971-554-7919 (Nov. 18-19 only) 516-742-5950 owen@blicksilverpr.com ENRON TO SELL PORTLAND GENERAL ELECTRIC TO OREGON ELECTRIC UTILITY CO. $2.35 Billion Transaction; Proceeds to be Distributed to Enron Creditors; Utility to be owned by local company backed by prominent investors. For Immediate Release: Tuesday, Nov. 18, 2003 Houston/Portland Enron and Oregon Electric Utility Company, LLC (Oregon Electric) announced today they have signed a definitive agreement under which Oregon Electric will acquire Portland General Electric (PGE) from Enron. PGE is a public electric utility, serving nearly half of Oregon's population. The transaction, which has been approved by the Enron Board of Directors and is supported by the Official Unsecured Creditors' Committee in the Enron bankruptcy proceeding, requires the approval of the Bankruptcy Court, which will conduct an "overbid" process to give other potential buyers an opportunity to submit superior bids. After the sale to Oregon Electric is approved by the Court, the parties will seek approval of the Oregon Public Utility Commission and certain federal regulatory agencies. Subject to receiving these approvals, closing is anticipated in the second half of 2004. The transaction is valued at approximately $2.35 billion, including the assumption of debt, with the final amount to be determined on the basis of PGE's financial performance between January 1, 2003 and closing. In return, Oregon Electric will receive 100% of the outstanding shares of PGE, giving it full control of PGE. "Enron and its Official Unsecured Creditors' Committee believe this transaction is the best option to deliver maximum value to our economic stakeholders," said Stephen Cooper, Enron's chief restructuring officer. "As we have said all along, we will not break up PGE. This transaction supports that commitment." Oregon Electric is a newly- formed entity financially backed by investment funds managed by Texas Pacific Group (TPG), one of the nation's leading private equity investment firms. Upon closing, Oregon Electric will include three prominent Northwest business and community leaders, former Oregon Governor Neil Goldschmidt, Gerald Grinstein and Tom Walsh. Oregon Electric will appoint the members of the PGE Board of Directors and these three individuals are expected to serve on the Board. PGE will retain its name, and its headquarters will remain in Portland. "We are very excited for Portland General to be an independent, locally based company with the backing of strong financial investors. We believe it is a solution that will work for customers, employees and the communities that depend on PGE," said Mr. Goldschmidt, who served as Governor of Oregon from 1987-1991. He was also former U.S. Secretary of Transportation under President Jimmy Carter and the former Mayor of Portland. It is expected Mr. Goldschmidt will serve as Chairman of the Board of PGE when the sale is completed. Gerald Grinstein is the former Chairman and CEO of Burlington Northern and former Chairman of both Delta Air Lines and Agilent Technologies. He serves on the Board of Directors-of Delta Air Lines, PACCAR, Vans and The Brinks Company. Tom Walsh is a well-respected Oregon civic leader who is the former head of Tri-Met, the regional transit authority. He has served as chairman of the Oregon Board of Forestry and as vice chairman of the Oregon Transportation Commission. He is also a successful builder of affordable housing. TPG's investors are largely institutions and a majority of its capital comes from a number of America's largest public and private pension funds, banks and insurance companies. One such investor is the Oregon Public Employees Retirement Fund (OPERS), which has been an investor in TPG funds since TPG's inception. "This is a terrific investment opportunity for us and for Oregon. It enables PGE to focus on providing outstanding service to its customers, while emphasizing independent operation and substantial local participation on its Board of Directors," said David Bonderman, founding partner of Texas Pacific Group. Peggy Fowler, Chairman and CEO of PGE, said "We're pleased to have such high quality investors who understand local concerns. We are hopeful we can work through the bankruptcy and OPUC processes to complete this transaction and bring renewed stability to PGE. In the meantime, PGE employees will continue to focus on delivering safe, reliable power to our customers." About Portland General Electric Portland General Electric (PGE) is a recognized leader in the utility industry with more than a century of experience delivering safe and reliable electricity. PGE serves more than 750,000 retail customers in the Northwest. The company supports the community through a variety of innovative philanthropic, volunteer and environmental stewardship efforts. Visit PGE on the web at www.portlandgeneral.com About Texas Pacific Texas Pacific Group, with offices in San Francisco, London and Fort Worth, TX, is a private equity investment firm. TPG has significant experience working in regulated industries including airlines, financial services and healthcare. Since its founding in 1993, TPG has invested in more than 50 companies, of which it continues to own more than 30. These companies have combined revenues of more than $32 billion and employ more than 225,000 employees. About Enron Enron's Internet address is www.enron.com Texas Pacific Group Profile Texas Pacific Group (TPG) is one of the largest private equity investment firms in the country, managing approximately $13 billion in equity commitments on behalf of many of America's largest pension funds and other institutional investors. Founded in 1993 by David Bonderman, James Coulter and William Price, TPG pursues investments in leading businesses in a broad range of industries throughout the United States and Europe. The firm's 50 investment professionals and other staff are based in offices in San Francisco, London and Fort Worth. Since its founding, TPG has invested in more than 50 companies, of which it continues to have interests in more than 30. These companies have combined revenues of more than $32 billion and employ more than 225,000 employees. TPG is not a holding company. Companies in which it invests are independently capitalized, run by committed local management, and overseen by dedicated, top-quality Boards of Directors. The firm's investments span a broad range of industries including energy, healthcare, airlines, retail, consumer products, food and beverage, and technology companies. Some of TPG's best know investments have included Continental Airlines, Beringer Wine Estates, ON Semiconductor, Burger King, Seagate, Del Monte, Petco, Ducati Motorcycles, Hotwire.com, J. Crew, America West Airlines, MEMC, and Gate Gourmet. TPG is proud of its association with these quality companies. Some of these firms, prior to TPG's investment, were in challenging circumstances in spite of their distinguished pasts and strong franchises. When this has occurred, TPG has brought the sponsorship and resources to help these companies pursue the strategies to return them to their prior success. As one example, in 1992, the founding partners of TPG successfully helped Continental Airlines emerge from bankruptcy and, working with management, enabled it to become a premier air carrier and one of the most admired companies in the country. Among TPG's institutional investors are many of America's largest public and private pension funds, banks and insurance companies. In effect, a portion of the retirement savings of millions of American employees is managed by TPG and invested in companies chosen by TPG. One such investor is the Oregon Public Employees Retirement Fund, which has been an investor in every TPG fund since the firm's founding. November 18, 2003 TPG's investors are largely institutions and a majority of its capital comes from a number of America's largest public and private pension funds, banks and insurance companies. One such investor is the Oregon Public Employees Retirement Fund (OPERS), which has been an investor in TPG funds since TPG's inception. "This is a terrific investment opportunity for us and for Oregon. It enables PGE to focus on providing outstanding service to its customers, while emphasizing independent operation and substantial local participation on its Board of Directors," said David Bonderman, founding partner of Texas Pacific Group. Peggy Fowler, Chairman and CEO of PGE, said "We're pleased to have such high quality investors who understand local concerns. We are hopeful we can work through the bankruptcy and OPUC processes to complete this transaction and bring renewed stability to PGE. In the meantime, PGE employees will continue to focus on delivering safe, reliable power to our customers." About Portland General Electric Portland General Electric (PGE) is a recognized leader in the utility industry with more than a century of experience delivering safe and reliable electricity. PGE serves more than 750,000 retail customers in the Northwest. The company supports the community through a variety of innovative philanthropic, volunteer and environmental stewardship efforts. Visit PGE on thdweb at www.portlandgeneral.com About Texas Pacific Texas Pacific Group, with offices in San Francisco, London and Fort Worth, TX, is a private equity investment firm. TPG has significant experience working in regulated industries including airlines, financial services and healthcare. Since its founding in 1993, TPG has invested in more than 50 companies, of which it continues to own more than 30. These companies have combined revenues of more than $32 billion and employ more than 225,000 employees. About Enron Enron's Internet address is www.erron.com Page 1 of 1 I Bill Monahan - Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group From: "Butman, Laurel" <laurelb@ci.portland.or.us> Date: 11/18/03 5:12 PM Subject: Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group To the City of Portland PGE E-List, Also available on website at: htta'//www aortlandonline com/omf/index.cfm?c=27433 Media Statement CONTACT: November 18, 2003 Scott Farris, Office of Mayor Vera Katz 503.823.2855 E-mail: sfarris@ci.portland.or.us Kathleen Gardipee Office of Commissioner Erik Sten 503.823.3603 E-mail: kgardipee@ci.portland.or.us Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group City of Portland Will Review Proposal with Open Mind "Over the past two years, the City of Portland has put a great amount of energy into trying to find a good solution for Portland General Electric, following the Enron bankruptcy. From the beginning, we said that there could be more than, one good solution for the ratepayers of this region. Continued ownership by Enron was not a good solution and we are glad that that seems to be off the table. When Enron filed for bankruptcy the Portland City Council adopted a concrete set of principles to help us determine what a good outcome could be for our electric utility. Today, our principles remain the same: reasonable rates, long-term stability, and owners who are committed to Oregon's health and economy. The City of Portland has studied the potential of a public purchase and we know that it is feasible and could benefit our ratepayers through stability, lower rates, and local control. That model remains viable and is available if this proposal does not go forward. This is an out of state group of investors with good Oregon connections. We are encouraged by the inclusion of local civil and community leaders as key partners in this new venture however; we need to understand how the financial investors intend to manage our utility for the long-term. This proposed sale still has to be approved by the bankruptcy court as well as the Oregon Public Utility Commission. This will allow us the time necessary to understand what is being proposed and evaluate Portland's role •END- file://C:\WINDOWS\TEMP\GW) 00008.HTM 11/18/03 Page 1 of 1 Bill Monahan - Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group From: "Butman, Laurel" <laurelb@ci.portland.or.us> Date: 11/18/03 5:12 PM Subject: Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group To the City of Portland PGE E-List, Also available on website at: htty: / /www. ortlandonIine.com/omf/index.cim?c=27433 Media Statement CONTACT: November 18, 2003 Scott Farris, Office of Mayor Vera Katz 503.823.2855 E-mail: sfarris@ci.portland.or.us Kathleen Gardipee Office of Commissioner Erik Sten 503.823.3603 E-mail: kgardipee@ci.portland.or.us Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group City of Portland Will Review Proposal with Open Mind 'Over the past two years, the City of Portland has put a great amount of energy into trying to find a good solution for Portland General Electric, following the Enron bankruptcy. From the beginning, we said that there could be more than one good solution for the ratepayers of this region. Continued ownership by Enron was not a good solution and we are glad that that seems to be off the table. When Enron filed for bankruptcy the Portland City Council adopted a concrete set of principles to help us determine what a good outcome could be for our electric utility. Today, our principles remain the same: reasonable rates, long-term stability, and owners who are committed to Oregon's health and economy. The City of Portland has studied the potential of a public purchase and we know that it is feasible and could benefit our ratepayers through stability, lower rates, and local control. That model remains viable and is available if this proposal does not go forward. This is an out of state group of investors with good Oregon connections. We are encouraged by the inclusion of local civil and community leaders as key partners in this new venture however; we need to understand how the financial investors intend to manage our utility for the long-term. This proposed sale still has to be approved by the bankruptcy court as well as the Oregon Public Utility Commission. This will allow us the time necessary to understand what is being proposed and evaluate Portland's role.' -END- 11/19/03 file://C.\WNDOWS\TEMP\GWI00008.HTM Page 1 of 1 J Bill Monahan - Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group From: 'Gutman, Laurel' <laurelb@ci.portland.or.us> Date: 11/18/03 5:12 PM Subject: Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group To the City of Portland PGE E-List, Also available on website at: htti)://www.portiandonline.com/omt/index.cfm?c=27433 Media Statement CONTACT: November 18, 2003 Scott Farris, Office of Mayor Vera Katz 503.823.2855 E-mail: sfarris@ci.portland.or.us Kathleen Gardipee Office of Commissioner Erik Sten 503.823.3603 E-mail: kgardipee@ci.portland.or.us Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group City of Portland Will Review Proposal with Open Mind 'Over the past two years, the City of Portland has put a great amount of energy into trying to find a good solution for Portland General Electric, following the Enron bankruptcy. From the beginning, we said that there could be more than one good solution for the ratepayers of this region. Continued ownership by Enron was not a good solution and we are glad that that seems to be off the table. When Enron filed for bankruptcy the Portland City Council adopted a concrete set of principles to help us determine what a good outcome could be for our electric utility. Today, our principles remain the same: reasonable rates, long-term stability, and owners who are committed to Oregon's.health and economy. The City of Portland has studied the potential of a public purchase and we know that it is feasible and could benefit our ratepayers through stability, lower rates, and local control. That model remains viable and is available if this proposal does not go forward. This is an out of state group of investors with good Oregon connections. We are encouraged by the inclusion of local civil and community leaders as key partners in this new venture however; we need to understand how the financial investors intend to manage our utility for the long-term. This proposed sale still has to be approved by the bankruptcy court as well as the Oregon Public Utility Commission. This will allow us the time necessary to understand what is being proposed and evaluate Portland's role END- file://C:\WINDOWS\TEMP\GW) 00008.HTM 11/18/03 Page 1 of l Bill Monahan - Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group From: "Butman, Laurel" <laurelb@ci.portland.or.us> Date: 11/18/03 5:12 PM Subject: Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group To the City of Portland PGE E-List, Also available on website at: http'//www.r)ortlandonline.com/omf /index. cl m?c=27433 Media Statement CONTACT: November 18, 2003 Scott Farris, Office of Mayor Vera Katz 503.823.2855 E-mail: sfarris@ci.portland.or.us Kathleen Gardipee Office of Commissioner Erik Sten 503.823.3603 E-mail: kgardipee@ci.portland.or.us Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group City of Portland Will Review Proposal with Open Mind "Over the past two years, the City of Portland has put a great amount of energy into trying to find a good solution for Portland General Electric, following the Enron bankruptcy. From the beginning, we said that there could be more than one good solution for the ratepayers of this region. Continued ownership by Enron was not a good solution and we are glad that that seems to be off the table. When Enron filed for bankruptcy the Portland City Council adopted a concrete set of principles to help us determine what a good outcome could be for our electric utility. Today, our principles remain the same: reasonable rates, long-term stability, and owners who are committed to Oregon's health and economy. The City of Portland has studied the potential of a public purchase and we know that it is feasible and could benefit our ratepayers through stability, lower rates, and local control. That model remains viable and is available if this proposal does not go forward. This is an out of state group of investors with good Oregon connections. We are encouraged by the inclusion of local civil and community leaders as key partners in this new venture however; we need to understand how the financial investors intend to manage our utility for the long-term. This proposed sale still has to be approved by the bankruptcy court as well as the Oregon Public Utility Commission. This will allow us the time necessary to understand what is being proposed and evaluate Portland's role.' -END- f le://C:\WINDOWS\TEMP\GW100008.HTM R~~~ Page 1 of 1 Bill Monahan - Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group From: "Gutman, Laurel" <laurelb@ci.portland.or.us> Date: 11/18/03 5:12 PM Subject: Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group To the City of Portland PGE E-List, Also available on website at: htt-//www. ortlandonline.com/omf/index.cfm?c=27433 Media Statement CONTACT: November 18, 2003 Scott Farris, Office of Mayor Vera Katz 503.823.2855 E-mail: sfarris@ci.portland.or.us Kathleen Gardipee Office of Commissioner Erik Sten 503.823.3603 E-mail: kgardipee@ci.portland.or.us Mayor Katz's and Commissioner Sten's Statement on the Potential Sale of Portland General Electric to Texas Pacific Group City of Portland Will Review Proposal with Open Mind 'Over the past two years, the City of Portland has put a great amount of energy into trying to find a good solution for Portland General Electric, following the Enron bankruptcy. Fkom the beginning, we said that there could be more than one good solution for the ratepayers of this region. Continued ownership by Enron was not a good solution and we are glad that that seems to be off the table. When Enron filed for bankruptcy the Portland City Council adopted a concrete set of principles to help us determine what a good outcome could be for our electric utility. Today, our principles remain the same: reasonable rates, long-term stability, and owners who are committed to Oregon's health and economy. The City of Portland has studied the potential of a public purchase and we know that it is feasible and could benefit our ratepayers through stability, lower rates, and local control. That model remains viable and is available if this proposal does not go forward. This is an out of state group of investors with good Oregon connections. We are encouraged by the inclusion of local civil and community leaders as key partners in this new venture however; we need to understand how the financial investors intend to manage our utility for the long-term. This proposed sale still has to be approved by the bankruptcy court as well as the Oregon Public Utility Commissioproposed This will allow us to the timend's necessary to understand what is being role -END- ftnfimz file://c:\WTNF1nWR\TFMP\(TVd3f ODOR HTM BULL MOUNTAIN ANNEXATION OPEN HOUSE AGENDA 6:30 - 7:00 p.m. Open House 7:00 - 8:30 p.m. Opening Statement by Tigard City Council Member 1. Introduction 2. Bull Mountain Annexation Plan Overview 3. Council November 4th Action - Phasing Washington County Representative 1. Washington County Role - Past, Present & Future of Bull Mountain Question and Answer Period Wrap Up - Schedule: December 2nd Public Hearing Future Open Houses (if March 9 election date): January 21st- Fowler Middle School; February 18th - Tigard High School 44 a Page 1 of 1 41 Liz Newton - FW: Bull Mt From: Walt Peck <Wait_Peck@co.washington.or.us> To: "Uz Newton (E-mail)" <liz@ci.tigard.or.us> Date: 11/18/2003 4:44 PM Subject: FW: Bull Mt CC: Joanne Rice <Joanne_Rice@co.washington.or.us>, Ellen Conley <Ellen_Conley@co.washington.or.us> Liz: Below are the three display boards that we're bringing tomorrow night. A fourth will be a map of the entire urban portion of the county with city boundaries and urban service area highlighted. I discovered one problem with the service providers list. The County is listed under code enforcement - should be Tigard. We'll make the change. Let me know early tomorrow if there are any problems with these documents. You'll note that I did not include the 1988 UPA in the timeline. Planning staff reviewed the document and don't feel comfortable stating that it specifies the City as the long-term service provider. Given that this definitely did occur, on multiple occassions, in later years, I didn't see a compelling reason to Include the 1988 reference. It is unclear whether or not we'll have participation from the Sheriffs Office. I just reviewed these materials with Under Sheriff Hepp - so they've been briefed. Onward, Walt > ----Original Message- > From: Sherry Cook > Sent: Tuesday, November 18, 2003 4:00 PM > To: Wait Peck > Subject: Bull Mt > <<countywide services.pdf>> <<service providers.pdf>> <<timeline.pdf>> file://C:\Documents%20and%2OSeffings\liz\Local%2OSettings\Temp\GW)OOOO1.HTM 11/18/2003 a~ c L y' O O E E M 78 b C C~ o v o a c Nd82! a Cri's b ~ o E .5 0 ed U ~ ~ u M m J N O ° io ° CVw'~ m m IM 'u w E 8 At 0 'N 0 ~N 0 '11 c o ~j 3 O co E -5 O ° E tj C " 10 'm r N Q.ob e~ ~y C a t: i b 01 u ~ w 't7 •E o b C y ~ °C oqx C w N ° Ct77^ U r o o. A cg c Eo ~ Eca U a °A tt~~ O ~D Z C .y u 'a m C d n.' u1oo CA N C p > TI H V Y C ° F w C C dC~7^`~d~ 000 C O ~ o ,1-4 -0 N oL-0ts L o C r% M a ° A 0 14 o L n L of "t c o+ V cl co = y E N :Ad 3 fEO~ v Cw`t, CL i L a 13 E c~gq a c ' b O N x ~w Q1 C d 0 0 om ` 3 T T Z4 Q ~o acid o~~ 3 o E cca cg ~ o CL m ; Q- F=0Lu•E u C ~ ri 3 'd 2! U, 7 o dpw N V ~ O C p, N ~ H O u Oo E. C 'O G y m C A CC - O O C v L C v N 't..' fd to LO O O . 4 7 ° CA tm O _0 O E iiO 1..~ u 2-40 .42-0-2 to 0 00 u u b u 'c7 E v, Ca ^ a 'oY cl p- .0 :g ~ L" b v rt Y {ter Cfl co CL rcnt4 fA W 8 z 0 Z 00 u z O O Z S H 9 LEI' Service Provider Building inspection City of Tigard Via contract with County Citizen Involvement Washington County Bull Mtn. CPO in process of reactivating Code Enforcement Washington County Minimal level, two stafffor urban and rural unieorporated area Community Planning Washington County Mandated planning only; Bull Mtn. Community Plan last updated in 1984 Fire Tualatin Valley Fire & Rescue Law enforcement Enhanced Sheriffs Patrol District Via contract with Shero''s Offlce Libraries County Cooperative Library/City of Tigard All county property taxpayers contribute to library operations; city residents pay for increased service by covering 47% of Tigard library's operations; all cost of new library borne by Tigard residents Local street maintenance Urban Road Maintenance District Via agreement with County Dept. of Land Use & Transportation Neighborhood traffic Washington County management Minimal level New development review City of Tigard Via contract with County Parks and recreation Not provided Storm water and Transferring to City of Tigard sanitary sewer Ef,~ective July 1, 2004, Clean Water Services is current provider Street lights Street Lighting District Water Tigard Water District Via contract with City of Tigard WASHINGTON COUNTY a OREGON Who provides I Neighborhood Services to Bull Mountain residents? November 2003 Affordable Housing What Countywide Animal Services Services does Washington County Assessment and Taxation Provide? Community Corrections Cooperative Library County Jail Countywide Law Enforcement Countywide Planning Countywide Transportation System District Attorney Elections Human Services Juvenile Services Public Health Senior, Veterans & Disabilities Services Owd- WASHINGTON COUNTY OpFGON November 2003 AGENDA ITEM NO. 21- - VISITOR'S AGENDA DATE : NOVEMBER 18, 2003 w The Visitor's Agenda gives citizens the opportunity to address the Tigard City Council on any topic or issue. &.3 Testimony is limited to 2 minutes or less. w If you are interested in testifying on a "public hearing" item scheduled for tonight's meeting, please sign the public hearing testimony sign-up sheet for that item. NAME, ADDRESS & PHONE TOPIC STAFF CONTACTED c~ CtkL fn Lk U-0 VISITOR'S AGENDA Page 1 AGENDA ITEM # 3 • I FOR AGENDA OF November 18, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Cooperation Agreement ( Intergovernmental A greem mt) with Regional Organized Crime Narcotics Agency ROC PREPARED BY: Chief Bill Dickinson DEPT HEAD OK j^/1449 CITY MGR OK w ISSUE BEFORE THE COUNCIL To authorize the Chief of Police to enter into a cooperation agreement (Intergovernmental Agreement) with the Regional Organized Crime Narcotics Agency (ROCN). Entering into an agreement with ROCN would mean the simultaneous withdrawal from the FBI Drug Unit. One Detective FTE would transfer from the FBI Unit to ROCN through this agreement. STAFF RECOMMENDATION Authorize the cooperation agreement (Intergovernmental Agreement) INFORMATION SUMMARY Tigard has had a full time investigator assigned to the FBI Drug Unit for about one year. Recently, the FBI has advised that its focus is changing from drug investigations to homeland security. Because of the FBI's shift in focus, the Police Department is seeking to find the most cost effective and efficient means in which to participate in combating mid to high level drug trafficking. The Regional Organized Crime Narcotics Agency (ROCN) is a multi jurisdictional drug task force targeting mid to upper level narcotic traffickers in the four- county (Clackamas, Columbia, Multnomah and Washington) metro area. Membership in ROCN would not only allow us to achieve this goal, but due to its larger size and funding source, would likely be a superior vehicle for carrying out this mission. The Police Department would like to transfer the existing detective FTE currently assigned to the FBI Drug Unit, over to the Regional Organized Crime Narcotics Agency which is a larger multi-agency task force. Under this agreement, the investigator will be assigned to ROCN, which would still continue to work with the FBI Drug Unit on an ad hoc basis. The move of the Detective will provide enhanced investigative and logistical support. It will not take away from any other services or staffing as it is strictly a transfer from one task force to another. The benefits are that we will better accomplish our goals, belong to a larger, better staffed task force, and will likely save on our overtime and materials and services budgets. OTHER ALTERNATIVES CONSIDERED Remain in the FBI Drug Unit and do not participate in ROCN. This is considered a lesser alternative as the FBI Drug Unit is less well supported, and costs the city of Tigard more money than membership in ROCN. While both agencies target mid to high level narcotics trafficking, remaining with the FBI Drug Unit is less advantageous to the City of Tigard. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Membership on this task force will create a partnership with other Federal, local and State agencies addressing items specifically mentioned in Goal 6 of the Public Safety Visioning strategy: Crime and Public Safety Concerns through partnerships. ATTACHMENT LIST A Cooperation Agreement (Intergovernmental Agreement) B Copy of the 1991 Original Intergovernmental Agreement FISCAL NOTES The only cost to Tigard is the continuing base salary for one full-time investigator. This is not an additional cost, but only moves an existing FTE from one task force to another. Overtime and the materials and services budget will be provided by ROCN which may result in cost savings to the Tigard budget. Attachment A COOPERATION AGREEMENT THIS AGREEMENT is made and entered into between the Tigard Police Department (hereinafter TPD) and the Regional Organized Crime Narcotics Agency (hereinafter ROCN), and becomes effective when signed and executed by both parties. RECITALS WHEREAS, ROCN has been formed pursuant to ORS 190.010 by the cities of Portland, Gresham, St. Helens, Lake Oswego, and the counties of Multnomah, Clackamas, Washington, and Columbia, to facilitate cooperative efforts of units of local government to combat narcotics-related crimes; and WHEREAS, ROCN is a Council of Governments organized and existing under ORS 294.900; and WHEREAS, ROCN and TPD recognize the local narcotics enforcement role of TPD, the regional narcotics enforcement role of ROCN, and recognize the need for cooperative efforts between ROCN and TPD with respect to combating narcotics-related crimes; and WHEREAS, TPD is fully aware of the nature, scope, terms and conditions of the intergovernmental agreement by which ROCN was formed by its participating member units of local governments, a copy of which is attached hereto as Exhibit A: NOW, THEREFORE, the parties hereby enter into and execute this intergovernmental agreement. TERMS AND CONDITIONS 1. Cooperation by TPD TPD agrees to cooperate with ROCN in mutual efforts to combat narcotics-related crime, as follows: a. Except as otherwise provided in this agreement, the Tigard Police Department's Chief of Police and the ROCN Director, with the approval of the ROCN Management Team, shall jointly determine the extent, terms and conditions of TPD's cooperative efforts. TPD recognizes that such staffing must be in accordance with such policies and procedures as are established from time to time by ROCN's Management Team and Board of Commissioners. Page 1 of 3 b. In no event shall TPD be compelled or required by this agreement to provide staffing to ROCN that would result, in the opinion of TPD, in placing TPD or its personnel at unnecessary risk. Staff assigned by TPD to ROCN shall be in the exclusive control and direction of ROCN's Director or his/her designee while assigned to ROCN. C. TPD may have a representative on the ROCN Technical Operating Staff and Management Team. ROCN and TPD agree that proceeds from seized and forfeited property resulting from narcotics-related cases shall be distributed as per ROCN policy and/or retained for the use of ROCN or deposited in the ROCN trust account. 2. Personnel a. TPD agrees to assign, for a period of not less than twelve (12) months, an experienced narcotics investigator. It is agreed by both parties that the investigator assigned to ROCN will be supervised by a ROCN supervisor with appropriate evaluations made pursuant to TPD protocols. b. It is agreed that the assigned investigator from TPD will be supplied with a vehicle and mobile radio from ROCN. It is agreed that ROCN shall provide other additional equipment as required for ROCN investigators. Weapons and ballistic vests will be supplied by TPD. C. TPD and ROCN agree that when appropriate cases which are joint TPD and ROCN investigations, copies of reports will be forwarded to TPD by the TPD investigator. 6 3. Liability a. The parties agree that TPD and TPD legal counsel will provide legal services for the actions of the TPD assigned investigator. b. All pertinent workmen's compensation or other employee benefits will continue for the investigator during the assignment with ROCN. 4. Duration and Termination This Agreement shall remain in full force and effect until such time as TPD and/or ROCN provides the other with not less than thirty (30) days written notice of termination. Page 2 of 3 5. Amendments This Agreement may be changed, modified or amended only upon the written consent and agreement of both parties. REGIONAL ORGANIZED CRIME NARCOTICS AGENCY Director TIGARD POLICE DEPARTMENT CHIEF OF POLICE Chief Dated: Date: Page 3 of 3 Attachment B 1 INTERGOVERNMENTAL AGREEMENT 2 REGIONAL ORGANIZED CRIME NARCOTICS TASK FORCE 3 THIS AGREEMENT, is made and entered into, pursuant to ORS 4 190.010, and by and among the Cities of Portland, Gresham, St. 5 Helens, Lake Oswego, Hillsboro, and the Counties of Multnomah, 6 Clackamas, Washington, and Columbia (herein "participating 7 jurisdictions"). 8 WITNESSETH 9 WHEREAS, the participating jurisdictions recognize that the 10 jurisdiction and authority of each is limited and such limitations 11 are a detriment in combatting narcotics related crimes within the 12 designated Counties and among municipalities within those Counties; 13 and 14 WHEREAS, the participating jurisdictions desire to establish 15 a Regional Organized Crime Narcotics (herein "ROCN") Task Force, 16 for the purposes described herein; and 17 WHEREAS, the ROCN Task Force is to provide cooperative and 18 coordinated effort among the law enforcement agencies and officers 19 of the participating jurisdictions in the enforcement of the law 20 and protection of citizens from illegal activity in narcotics; and 21 pursuit of seizure and forfeiture of assets used in or derived from 22 illegal activity in violation of criminal narcotics law; and 23 further, to directly apply for, receive, and manage funds, retain 24 experts, and make certain personal property purchases to facilitate. 25 its work. Page 1 of 18 1 TERMS AND CONDITIONS 2 1. ROM TASK FORCE The participating jurisdictions hereby 3 create an intergovernmental authority as provided by ORS 190.003; 4 and known as the Regional Organized Crime Narcotics (ROCN) Task 5 Force. 6 2. POWERS AND AUTHORITY The ROCN Task Force is vested with 7 all powers, rights, duties, including expenditure of appropriated 8 funds and retaining of personnel, necessary for performing those 9 functions in the coordinated enforcement of criminal narcotics 10 laws. Those functions include, but are not limited to, coordinated 11 criminal investigations, surveillances, arrests, and prosecutions 12 of individuals and organizations involved in the narcotics trade; 13 coordinated seizure and forfeiture of property used or derived from 14 illegal narcotics activity and as may be allowed by applicable law; 15 and application for and receipt of funds to be used in the 16 enforcement of criminal narcotics laws. 17 3. GOVERNING BODY 18 a. The ROM Task Force shall be governed by a Board of 19 Commissioners (herein "Board") consisting of one representative 20 from each participating jurisdiction. Each participating 21 jurisdiction shall appoint, at its pleasure, one primary 22 representative and one alternative representative who may attend 23 all Board meetings and deliberate and vote in the absence of the 24 participating jurisdiction's primary representative. 25 Representatives and alternates shall be an elected official or 26 employee of their respective participating jurisdictions. Page 2 of 18 1 b. The Board shall be responsible for the appointment 2 and establishment of employment terms and conditions, including 3 compensation, of a ROCN Director; and adoption of ROCN's annual 4 operating budget. 5 c. All meetings of the Board snail De liclu Lai 6 accordance with Oregon Public Meeting laws, ORS 192.610 et seq. A 7 majority of the members of the Board shall constitute a quorum for 8 purposes of deliberation and decision of the Board. Each 9 participating jurisdiction's representative shall have one vote. 10 All decisions of the Board, unless otherwise provided herein, shall 11 require a majority vote of those representatives in attendance. 12 d. The Board, at its first organizational meeting, or 13 as soon thereafter as it reasonably may be done, shall adopt bylaws 14 governing its procedures and including, at a minimum, 1) time and 15 place of regular meetings; 2) method and manner of calling special 16 meetings; 3) method, term, and manner of election of Board 17 officers; and 4) procedures for executing documents on behalf of 18 ROCN. 19 e. The Board, at its first organizational meeting, 20 shall elect a chairman, first vice-chairman, and second vice- 21 chairman. The chairman, and in the chairman's absence, the first 22 vice-chairman, and in their absence, the second vice-chairman, 23 shall preside over all Boar d meetings. The ROCN Director or 24 designee shall act as clerk of the Board and be responsible for 25 providing notices of meetings and keeping of minutes as required by 26 Oregon Public Meetings Laws. Page 3 of 18 P 1 4. MANAGEMENT TEAM 2 a. There is hereby established a ROCN Management Team 3 consisting of the District Attorney for each participating 4 jurisdiction and the chief law enforcement officer for each 5 participating jurisdiction's police agency. 6 b. The Management Team shall, among other things, 1) 7 consider applicants and make recommendations to the Board for the 8 position of ROCN Director; 2) provide advice and counsel to the 9 ROCN Director in the development of ROCN's annual operating budget; 10 and 3) review policies and make recommendations relative to 11 personnel, administration, operation, and service level standards. 12 c. A majority of the members of the Management Team 13 attending a duly held meeting shall constitute a quorum for the 14 purpose of deliberation and decision. Each Management Team member 15 shall have one vote. All decisions of the Management Team shall 16 require a majority vote of those members in attendance. 17 5. TECHNICAL OPERATING STAFF • 18 a. There is hereby established a Technical Operations 19 Staff (herein "TOS"), consisting of a District Attorney from a 20 participating county jurisdiction, a Police Chief from a 21 participating municipal jurisdiction and a Sheriff from a 22 participating county jurisdiction, as well as other Management Team 23 members who may be appointed by the Management Team. The term of 24 members of the TOS shall be established by the Management Team. Page 4 of 18 1 b. The TOS shall provide advice and counsel to the 2 Management Team and ROCN Director in matters of ROCN operational 3 priorities, policies, and procedures. 4 6. ROCN DIRECTOR 5 a. The Board, based upon the recommendation of the 6 Management Team, shall select and appoint a ROCN Director. 7 b. The ROCN Director shall be the chief operational and 8 administrative officer of the ROCN Task Force and be responsible 9 for 1) ROCK administration, personnel, purchasing, and budget 10 functions; 2) identification, prioritization and coordination of 11 ROCN operations, including, but not limited to, expenditure of 12 money as consistent with the ROCN budget; 3) retaining personal 13 services necessary to ROCN operation; 4) entering into application 14 agreements and obligations on behalf of ROCN; 5) hiring, training, 15 discipline, and/or discharge of all subordinate ROCN personnel; 6) 16 attending and providing executive staffing of Board and Management 17 Team meetings; and 7) preparing and presenting the ROCN annual 18 budget. 19 7. ROCN FUNDING It is intended for ROCN to be self 20 sufficient in its operation. Costs of operating and maintaining 21 ROCN are to be borne from grants and contributions provided to 22 ROCN, and assets forfeited as a result of the ROCN Task Force's 23 efforts. These monies shall be for the sole and exclusive use of 24 ROCN operation and administration, subject only to review during 25 adoption of ROCN's annual budget. In entering into this Agreement, Page 5 of 18 I no participating jurisdiction is committing any funding to ROCN or 2 its effort, except as explained below under STAFFING. 3 S. STAFFING Each participating jurisdiction, through its 4 appropriate law enforcement agency, commits to provide staffing for 5 ROCN efforts. Such staffing shall be in accordance with policies 6 and procedures 'to be established by the ROCN Management Team. In 7 no event, however, shall any participating jurisdiction's law 8 enforcement agency or office be compelled to provide staffing of a 9 ROCN effort that would result, in the opinion of that agency or 10 office's chief law enforcement officer, in placing the agency, 11 office, or its personnel at unnecessary risk. Participating 12 jurisdictions' employees assigned to staff ROCN shall be under the 13 exclusive control and direction of the ROCN Director or his 14 designee while assigned to ROCN. 15 9. INCREASING MEMBERSHIP The Management Team shall develop 16 a method for allowing ROCN membership for other units of local 17 government. New participating jurisdictions shall be accepted as 18 members of the ROCN Task Force upon recommendation of the 19 Management Team members and approval by the Board. 20 10. DURATION WITHDRAWAL AND TERMINATION This Agreement is 21 perpetual and the ROCN Task Force shall continue from year-to-year 22 provided, however, 1) any participating jurisdiction may withdraw 23 from the ROCN Task Force upon providing not less than 30 days 24 written notice to the Chairman of the Board and Management Team; 25 and 2) the ROCN Task Force may be dissolved upon mutual agreement 26 of all participating jurisdictions. A participating jurisdiction Page 6 of 18 1 may withdraw from the ROCN Task Force without written notice 2 required herein only if agreed to by all remaining participating 3 jurisdictions' Board Members. 4 11. DIVISION OF ROCN PROPERTY 5 a. Participating jurisdictions terminating their 6 participation in this Agreement waive all right to ROCN-owned 7 personal property so long as the ROCN Task Force continues to 8 function as a multi-jurisdictional entity. If and when termination 9 of all participating jurisdictions occurs, the withdrawing agency 10 shall share in the disposition of all property owned by ROCN at the 11 time of their withdrawal. All property acquired by ROCK after 12 withdrawal of the party will not be considered for distribution to 13 the withdrawing party even though the funds for purchase 14 (forfeiture, grant, or otherwise) were acquired prior to 15 withdrawal. 16 b. Possession of any shared and/or loaned equipment 17 shall revert to the original participating jurisdiction which owns 18 it. '19 c. Assets purchased by ROCN from grant, forfeiture, or 20 other funds shall, at the termination of the ROCN Task Force, be 21 disbursed as follows: 22 1) The participating jurisdictions at the time of 23 the termination can, by not less than 3/4 vote, agree to 24 disbursement of specific assets to member agencies to be used 25 exclusively for law enforcement and prosecution purposes. Page 7 of 18 1 2) In the event a 3/4 vote agreement cannot be 2 reached as to any specific asset(s), the parties to this Agreement 3 shall jointly request from the American Arbitration Association a 4 list of qualified arbitrators. The parties shall select an 5 arbitrator from the list by mutual agreement. If the parties are 6 unable to agree on an arbitrator, the arbitrator will be chosen by 7 the method of alternate striking of names from a list of five 8 provided by the Association. The arbitrator's decision shall be 9 binding on all parties to this Agreement. 10 d. Notwithstanding any other provision of this 11 Agreement, upon recommendation of the Management Team, the Board, 12 during its annual budget deliberations, may make a disbursement of 13 funds not needed for continuing operation of ROCK to participating 14 jurisdictions. 15 12. AMENDMENTS This Agreement may only be changed, modified, 16 or amended upon three-fourths (3/4) or more vote of all 17 participating jurisdictions. 18 13. EFFECTIVE DATE This Agreement shall be effective when it 19 has been properly authorized by the governing bodies of two (2) or 20 more participating jurisdictions. 21 14. SEVERABILITY The terms of this Agreement are severable 22 and a determination by an appropriate body having jurisdiction over 23 the subject matter of this Agreement that results on the invalidity 24 of any part, shall not affect the remainder of the Agreement. Page 8 of 18 1 15. INTERPRETATION The terms and conditions of this 2 Agreement shall be liberally construed in accordance with the 3 general purposes of this Agreement. 4 16. SIGNATURES TO THIS AGREEMENT The parties shall sign 5 this agreement as follows: 6 a. Multnomah County at Page 10. 7 b. Washington County at Page 11. a c. City of Portland at Page 12. 9 d. City of Gresham at Page 13. 10 e. City of St. Helens at Page 14. 11 f. City of Lake Oswego at Page 15. 12 g. Clackamas County at Page 16. 13 h. Columbia County at Page 17. 14 i. City of Hillsboro at Page 18. Page 9 of 18 1 2 3 4 IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement forming the Regional Organized Crime Narcotics (ROCN) Task Force to be duly executed on the day and year provided below. Approved as to Form: Laurence Kressel Multnomah County Counsel By: V1&11N~~ 9!46~ Date: o2-J'5)' 9 1 Sandra Duffy VVU Assistant County Counsel Date: Z-- 25 -9 l Multn ma County Dist ict Attorney Multnomah County Sheriff Multnomaly/ County, C air Board of ounty Co issioners Date: 9 Date: RATIFIED Multnomah County Board of Commissioners Page 10 of 18 1 2 a IN WITNESS WHEREOF, the parties hereto. have caused this Intergovernmental Agreement forming the Regional Organized Crime Narcotics (ROCN) Task F•.%r.ce to be duly execute-i on the day and year- provided below. Approv as to Form: L ngt Counexel wa hfngton Cou y District Attorney ashington Co Sheriff ~ru cc- - Washi gton Count , C it Soard of Commissione APPROVED WASHINGTON COUNTY. BOARD OF COMMISSIONERS MINUTE ORDER H ............9./:. .21nj.... «..w... DATE»./ BY f:LERR OF THE BO AT Date: 13 SIl Date:- Date: Date; Pages 11 of Is I IN WITNESS WHEREOF, the parties hereto have caused this 2 Intergovernmental Agreement forming the Regional Organized Crime 3 Narcotics (ROCN) Task Force to be duly executed on the day and year 4 provided below. Approved as to Form: Date : t . f ortland City Attorney Q~IL. 0 Date : Z - 9 C' y of Portland Chief of Police Date: City f Portland Ma Page 12 of 18 1 2 3 4 IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement forming the Regional organized crime Narcotics (ROCN) Task Force to be duly executed on the day and year provided below. Approved as to Form: AA 01 j/ LY L V A ~Jmd' City of Gresham City Attorney U6 LL City of Gres am Chief of Police u\- Cit of res am Man er Date: 3 - Z- l- q Date: 3 -2-2-- ! 1 Date: 3 - 2Z, -a Page 13 of IS st 16395 ORDINANCE No. 163953 *Authorize the Mayor and the Chief of Police to enter into an agreement for the creation of a Regional Organized Crime Narcotics (ROCN) Task Force. (.Ordinance) The City of Portland ordains: Section 1. The Council finds: 1. The City recognizes that its jurisdiction is limited and that this limitation is a detriment in combatting narcotics related criminal activity that affects the well-being of the City and its citizens; 2. That the city and other municipalities and counties in the metropolitan area wish to establish a Regional Organized Crime Narcotics (ROCN) Task Force for the purpose of effectively and efficiently combatting crimes. and related conduct associated with narcotics trafficking that occur within the metropolitan area. 3. That such a Task Force can be created pursuant to ORS 190.003 to ORS 190.110 and that Multnomah, Washington, Clackamas, and Columbia counties as well as a number of municipalities within those counties have expressed an interest in the creation of such a Task Force. NOW, THEREFORE, the Council directs: ' a. The Mayor and the Chief of Police to sign an intergovernmental agreement substantially like that attached to this ordinance as Exhibit 1 which thus enables the City of Portland to participate in the Regional Organized Crime Narcotics (ROCN) Task Force. Section 2. The Council declares that an emergency exists in order that there.be no delay in commencing formal participation activity by the City in ROCN; therefore, this ordinance shall be in full force and effect from and after its passage by the Council. A! I BARBARA CLARK Passed by the Council, MAR 13 1991 Auditor of the City of Portland Mayor Clark By 3 PCElsner : is pce\police\doc\rocn.ord Deputy march 7, 1991 e 1 IN WITNESS WHEREOF, the parties hereto have caused this 2 Intergovernmental Agreement forming the Regional Organized Crime 3 Narcotics (ROCN) Task Force to be duly executed on the day and year 4 provided below. Approved as to Form: Date: Cit of St. Helens FCC' Attorney _ (1 Date: Y of St. Helen C 'ef of Police Date: City of St. Helens Nanagcr Page 14 of 18 1 2 3 4 IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement forming the Regional Organized Crime Narcotics (ROCN) Task Force to be duly executed on the day and year provided below. Approved as to Form. Date: 0 C' y rney City of Lqkel Osw Chief of o ice Xbungbar City of Lakb OWL~1'9-0 Manager Peter C. Harvey Date: 6 1q, -l Date: June 19, 1991 Page 15 of 18 1 2 3 4 IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement forming the Regional Organized Crime Narcotics (ROCN) Task Force to be duly executed on the day and year provided below. Approved as to Form: Cl'~ r I¢' 5;7-'eV.46xW*3e1Date: Clackamas County County Counsel Clackamas County., District Attorney Date: Clackamas C n Y Sheriff Clackamas County, -Chair, Board of Commissioner Page 16 of 18 Date. Date: Al Zq 1 IN WITNESS WHEREOF, the parties hereto have caused this 2 Intergovernmental Agreement forming the Regional Organized Crime 3 Narcotics (ROCN) Task Force to be duly executed on the day and year 4 provided below. Approved as to Form: / 1GZ Date: /7- City of Hillsboro -ZdZ~- City Attorney Date: Date: Page 18 of 18 iAw^r:~ wt L - City of Hillsboro BEFORE THE' BOARD OF-COUNTY COMMISSIONERS OF CLACKAMAS COUNTY, STATE OF OREGON RECEIVED APR 15 1991 In the Matter of Approving an p O ^ w' Intergovf. " intal Agreement for fl 91-260 CN s Regions- organized Narcotics ORDER NO. Task Force (ROCN) This matter coming before the Board of County Commissioners at this time; and WHEREAS, it appears that pursuant to ORS 190, the Cities of Portland, Gresham, St, Helena, Lake Oswego, and Hillsboro, and the Counties of Clackamas, Multnomah, Washington and Columbia desire to enter into an Intergovernmental Agreement whereby the participating jurisdictions can provide a coordinated and cooperative effort to enforce the laws and protect citizens from illegal activity in narcotics; and WHEREAS, the attached Intergovernmental Agreement enables the participating jurisdictions to create and maintain a Regional Organized Crime Narcotics Task Force, known as "ROCN", which appears to be in the best interests of Clackamas County and its citizens; and WHEREAS, the participation of Clackamas County in this regional task force has been recommended to the Board by Clackamas County Sheriff Bill Brooks and Clackamas County District Attorney James W. O'Leary; NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED that the Intergovernmental Agreement creating a Regional Organized Crime Narcotics Task Force be authorized and approved, and that Clackamas County shall 'participate therein according to the terms and conditions of the Agreement. DATED this 9th day of April, 1991, BOARD OF tCNTY CO ISSIONERS Ed Lindquist, Chair dCommissioner 16 Darlene H66-ley( ~mmissioner 1 IN WITNESS WHEREOF, the parties hereto have caused this 2 Intergovernmental Agreement forming the Regional Organized Crime 3 Narcotics (ROCN) Task Force to be duly executed on the day and year 4 provided below. Approved as to Form: Columbia County County Counsel Columbia County District Attorney Columbia County Sheriff Columbia County, Chair Board of Commissioners Date: Date: Date: Date: Page 17 of 18 FA AGENDA ITEM # _~3, Q ct-, FOR AGENDA OF 11/18/03 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of bid for Gate Access Control project PREPARED BY: Jaime Dumdi DEPT HEAD OK l~- CITY MGR OK WW ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board award the Gate Access Control contract to the best responsible bidder based upon the City's Invitation to Bid process? STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board award the contract to the best responsible bidder, ADT, for installation of two buried conduit, card acces/control gates at the Tigard Water Building and the Canterbury water site. INFORMATION SUMMARY The City put out an Invitation To Bid for the installation of three card access gates and one card access door at various City facilities. Due to budgetary constraints, fiscal responsibility and logistical issues, the decision was made by staff to scale back the project to just two gates, one at the Tigard Water Building and one at the Canterbury water site. These changes were made by a formal amendment to the Invitation To Bid in accordance with all public purchasing rules. In addition to scaling back the project, this addendum requested the Contractor to bid on two packages, one for above-ground conduit and one for buried conduit. The city received bids from three contractors in response to the Invitation To Bid and subsequent addendum: 1. ADT: Above Ground: $48,794, Buried: $48,794 2. Selectron: Above Ground: $49,917.04, Buried: $52,002.79 3. Entrance Controls: Above Ground: $66,289.05, Buried: $66,068.80 Due to the negligible difference in dollar amount, staff has determined the best mode of action would be to proceed with the buried conduit package. OTHER ALTERNATIVES CONSIDERED 1. Reject all bids and direct staff to go through another Invitation To Bid process. 2. Direct staff to proceed with the above-ground conduit package instead of the buried conduit package and award contract to best responsible bidder. 3. Direct staff to proceed only with the Water Building gate. 4. Direct staff to proceed only with the Canterbury water site gate. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY R None ATTACHMENT LIST 1. Record of bid submission. FISCAL NOTES The cost of the installation of two buried conduit, card access/control gates by contract with ADT is $48,974. This is a budgeted item in the Facilities Fund CIP (account # 300-6100-750020). a~ Q A A .C N C14 r- co to M O b0 Z Q W M O O v ' b0 fx U Ey a co rn o 0 ,b d t~ N 00 00 0 ~ • O O C ~ ~ d~ 69 69 69 Q R ~ O O O 00 00 ~ r-- 7 6 \~o 00 6 9 col) eol~ 00 00 110 - O cf ~ am N d " a' o 0 0 t 0 0 U 00 00 A Y rn o N cz -r n 0 C, rn U • c, C o CO Q on O 3 a~ N O rn 3b > 3 0 G7 y tn p C) ~ in ~ N N r- ~ ' 0N0 a) y nNi V a~ L -I ~ ~ a1~I u d U a rA C w W 6 m m n. 0 0 U N m U Q O 0 c N E 3 m 'O O a) 0: AGENDA ITEM # 1 FOR AGENDA OF November 18, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion with State Senator Ginn Burdick and State Re resentative Max Williams DEPT HEAD OK ITY MGR OK f PREPARED BY: Cathy Wheatley ISSUE BEFORE THE COUNCIL Council discussion with State Senator Ginny Burdick and State Representative Max Williams on issues of interest to Council. STAFF RECOMMENDATION Identify issues of interest or concern for Senator Burdick and Representative Williams. INFORMATION SUMMARY The Legislative Assembly convened in January of this year and adjourned in August. Senator Burdick and y to ate Council Representative Williams are invited to attend Council evaluation of optionslforstax periodicallin the Saate of Oregon. pending legislative issues and the status of the David Barenberg, Legislative Director for the League of Oregon Cities (LOC), has suggested that City Councils visit with their legislative representatives about how they voted on issues of concern to local government. In cooperation with LOC, we have requested information about the last legislative session on those issues that said assessment recorde the League monitored for cities. MW larenbe l amsr th is a sesment willbe forwarded to the Counc 1 as soon as it is Senator Burdick and Representative received. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Communication Goal #1, Action Committee Strategy: "Encourage public participation through accessibility and education." ATTACHMENT LIST None. None. FISCAL NOTES I:lsdmV9Ckel'p3=01 I I8%m x 8 pinny sisal AGENDA ITEM FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY J November 18, 2003 ISSUE/AGENDA TITLE Tigard City Council Officially Completes the Three-Year Commemoration of the 50`' Anniversary of the Korean War and Thanks All Who Participated 1~1_q_~ITY MGR OK PREPARED BY: Susan Koenning DEPT HEAD OK iff ISSUE BEFORE THE COUNCIL To officially complete the City of Tigard participation in the three-year Department of Defense commemoration of the 50`h anniversary of the Korean War and to thank all who participated. STAFF RECOMMENDATION Officially announce the end of the project and thank all who contributed to the success of the project. INFORMATION SUMMARY In June 2000, the City of Tigard was designated by the US Department of Defense a commemorative community to participate in a three-year project commemorating the 50th anniversary of the Korean War. The Tigard American Legion Post #158 was also designated as a commemorative community. Since then the City and the American Legion Post have participated jointly in a wide variety of activities that were intended to inform and educate youth and adults about the Korean War, the service of local veterans, and contribution of their families. Members of the Korean War Association also participated. Ken Scheckla and Patsy Nestor, both Korean War-era veterans, acted as chairperson during the first and second years of this project. The flag that commemorates the anniversary on the war has flown at the American Legion Post and at City Hall. Veterans have participated in events, sharing their experiences and memories. Carol McAndrew, a volunteer, contributed her skills to write and direct a moving 15-minute video that TVTV staff, Josh Anderson, produced. On July 27, 2003 the Tualatin Valley Community Band provided a concert in Cook Park to recognize the 50th anniversary of the day that the armistice was signed. OTHER ALTERNATIVES CONSIDERED Postpone the acknowledgement of this project. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Community character and Quality of Life Goals: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. Develop overall approach for sponsoring community events that establishes balance among popular or traditional standing events, requests for support of new events and limited City resources. Schools and Education Goal: Educational opportunities for students in Tigard-Tualatin Schools will be maximized. ATTACHMENT LIST Proposed Resolution FISCAL NOTES None I:\ADM\SUSANK\KOREAN WAR\SUMMARY KW FINAL I1'03.DOC 1 AGENDA ITEM No. 6 Date: November 18, 2003 PUBLIC HEARING (LEGISLATIVE) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER AN ORDINANCE ESTABLISHING AND IMPOSING A STREET MAINTENANCE FEE, AND DECLARING AN EMERGENCY Due to Time Constraints City Council May Impose A Time Limit on Testimony IAADM\GREER\CCSIGNUP\PH TESTIMONY LEG.DOC N Date: November 18, 2003 AGENDA ITEM No. 6 PLEASE PRINT S eakin In Favor Neutral opponent - (Speaking Against) Name, Address & Phone No. ne No & ress & Phone No. . ~ Name, Address.. 'er V I N ~ / ~ 1114-yYi I o r1 I p F Addre Address & Phone No. Name, Name ss & Phone No. , a"'e ~4da 9 l 3 4 -A D .S: cv. 13r,'Eta- D R 47223 ~"p3 -524 -0056 a CO) J_ _m W J ame, Address & Phone No. • Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Name, Address & Phone No. Name, Address E Name, Address & Phone No. Name, Address & Name, Address & Phone No. Phone No. Name, Address & Phone No. ne No Phone No. Ill Name, Address--& Pho. AGENDA ITEM No. 6 Date: November 18, 2003 PLEASE PRINT __1 le-1--- t,;-- A-i-4l Neutral Pro onent- s eaKinin rave; Name, Address & Phone No. ul1-1it - Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No No. one Name, Address & Ph No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM # FOR AGENDA OF November 18, 2003 ISSUE/AGENDA TITLE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY PREPARED BY: A.P. Duenas - DEPT HEAD OK CITY MGR OK YVW ISSUE BEFORE THE COUNCIL Council will consider adoption of an ordinance to establish a Street Maintenance Fee for the City of Tigard. Council will conduct a public hearing to receive public comments prior to taking action on the proposed ordinance. RECOMMENDATION Staff recommends that Council adopt the attached ordinance establishing a Street Maintenance Fee. INFORMATION SUMMARY At its workshop meeting on October 21, 2003, Council reviewed the draft ordinance and resolution for the proposed Street Maintenance Fee and directed staff to schedule the ordinance for Council consideration at the November 18, 2003 Council meeting. Council input was obtained at the workshop meeting and incorporated into the appropriate sections of the ordinance. The fee will be based on an approach that links the rates to the City's long-term street maintenance program. It assigns responsibility for the arterials to the non-residential uses, splits the costs for collectors between residential and non-residential uses, and assigns responsibility for the neighborhood routes and local streets to the residents. The key concepts in the proposed Street Maintenance Fee are as follows: • Ties the street maintenance element of the fee to a 5-year maintenance and reconstruction plan prepared by the City of Tigard • Uses actual road repair projects • Tailors the fee to the local data • Sets a target revenue goal of $800,000 annually • Allocates the costs of the arterial projects to the non-residential uses • Splits the costs for the collectors on a 50-50 basis with residential and non-residential uses sharing the costs equally • Allocates the costs for neighborhood routes and local streets to residential uses • Uses the minimum parking space requirements based on the Tigard Development Code for non- residential uses with a 5-space minimum and 200-space maximum. Allocates the costs for residential uses on a per unit basis for both single family and multifamily units. This approach takes into account businesses that draw from a larger area than just Tigard. • Sets the rate far the first three years based on a 5-year average of the projects to be implemented. Includes a review of the program after three years and re-establishes the rate at that time based on a 5- year plan that adds three more years to the program. • Establishes an appeal process that would either involve a subcommittee consisting of two Council members, or a committee of disinterested citizens, to address any appeals to the City Engineer's decisions regarding the use category or required parking spaces for any occupied unit. The attached ordinance establishes the Street Maintenance Fee. The resolution to set the rates would be submitted for Council consideration in January or February 2004. Because the City's 5-year street maintenance plan is still in the process of being updated, the rates in the draft resolution presented to Council at the October 2151 workshop meeting were approximate and would most likely change before the resolution is presented to City Council for action. staff Actual implementation of fee collection structure e commence in and do the necelssa2004. This would ry work to allow City of that the amounts scan be sufficient time to set up h incorporated on the utility bills without a glitch in the billing process, OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Timely maintenance of the street infrastructure meets the Tigard Beyond Tomorrow goal of Improve Traffic Safety. The implementation of the Street Maintenance Fee meets the goal of Identify and Develop Funding Resources' ATTACHMENT LIST Proposed Street Maintenance Fee Ordinance Notice of Public Hearing FISCAL NOTES The implementation of the proposed Street Maintenance Fee would provide funding in the amount of $800,000 annually for street maintenance. t:\eng~gua~rounelt agenda eummadaa~agerda aumma er"t maintenance fee ordinanro.doc Notice of Public Hearing Street Maintenance Fee y of The TIGARD CITY COUNCIL on Tuesday, Tigard, Oregon, w~llOCOnsider adopt on of antordinance Tigard Town Hall, 13125 SW Hall Bl gand, to establish a Street Maintenance F~ adoption oft the ordinance establishing to feenThis fee public hearing as part of the process fo would be added to the City's utility bills. Copies of the proposed ordinance are available for review on or after 12:00 Noon he o ovemeer 12, can 2003 at City Hall, 13125 SW Hall Blvd., Tigard, Oregon 97223. In addition, be viewed also after 12:00 Noon November Council Agenda wn the City Council lacket for that meeting. (www ci tiQard.or.us) and y Further information may be obtained from the Engineering Department by calling 503-639-417 . TT Publish November 6, 2003 I:N,,09. etraet maintenance teeb dme and raaolution\ l ko of publk hearing • .heat maintenance I" doc What Does It Do? • Protects the city's investment in the street infrastructure • Provides revenue to adequately maintain the city streets • Allows the cost of the preventative and corrective maintenance to be shared by the users of the street system Street Maintenance Element • Preventative and corrective maintenance on the City streets >slurry seals > pavement overlays reconstruction • Amount needed annually: $800,000 >over time, addresses $4 million backlog in preventative and corrective maintenance 5 What is the Street Maintenance Fee? • Monthly user fee based on use of the street system • Typically collected through existing utility bills from residences and businesses within the city • Designated for use in the maintenance of the transportation system 7 Need for Timely Maintenance • Timely maintenance provides safer roads • Timely maintenance extends pavement life significantly • Deferred maintenance costs 4 to 5 times more (i.e. pavement overlay vs reconstruction) Proposed Ordinance • Original concept used trip generation rates to establish the fees • Oregon Grocery Association (OGA) proposed an alternate approach • The Transportation Financing Strategies Task Force worked with OGA • Task Force recommended a modified approach using OGA methodology 6 I A Proposed Ordinance • Draft ordinance and resolution were previewed with City Council on October 21, 2003 • Council input was obtained and Incorporated into the ordinance • ordinance with Council input incorporated is presented for adoption ordinance - Key Concepts • Sets the rates for the first three years based on a 5-year average cost • Requires review after three years Fee would be adjusted based on an updated 5- year plan Cost underruns or overruns would be factored Into fee adjustment Any additional revenue received from the State through legislation will be considered In the fee adjustment Ordinance - Key Concepts • Bases rates on a per unit basis for single family and multi-family units • Sets rates based on minimum parking requirements as set by the Development Code >Minimum 5 parking spaces and maximum 200 parking spaces > Exception - religious institution rates are based on half the parking space requirements Ordinance - Key Concepts • Allocates the costs as follows: ➢Arterials (100% non-residential uses) > Collectors (50% residential, 50% non- residential) Neighborhood routes and local streets (100% residential) • Allocates costs for non-residential uses based on parking space requirements Ordinance - Key Concepts • City overhead, administrative and engineering costs are included • Defines responsible party as one who occupies a unit or by arrangement is responsible to pay for utility and other services • Specifies that the rates are to be set by Council resolution to Ordinance - Key Concepts • Requires a review of revenue received after the first full year following implementation • Establishes an appeal process involving either: ➢A subcommittee of two Council members A committee of disinterested citizens • The Appeal Committee would address any appeals regarding use category or required parking spaces for any occupied unit 1 2 Resolution To Set the Rates • The City's 5-year Maintenance Plan is now being updated • The update should be completed by early January 2004 • The resolution to set the rates would be submitted to Council in February 2004 Proposed Implementation Schedule • Review billing information (December to March 2004) • Provide notice of upcoming fee in March 2004 • Include fee in bills April 2004 Projected Rates • Projected rates based on existing 5- year plan ➢$2.20 per single family or multifamily unit >Approximately $0.80 per parking space per month for non-residential uses or fueling position • Final rates are not expected to be significantly different from the current projected rates Staff Recommendation • That City Council adopt the ordinance establishing a Street Maintenance Fee for the City of Tigard • That Council direct the preparation of the resolution to set the rates and implement the fee in accordance with the projected schedule 3 AGENDA ITEM # I FOR AGENDA OF November 18, 2003 ISSUE/AGENDA TITLE CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY MGR OK / PREPARED BY: Jim Hendrvx DEPT HEAD OK ISSUE BEFORE THE COUNCIL A representative from OPUS, the developer of the Bridgeport Village project, will provide an update on the pending development. STAFF RECOMMENDATION No action required. INFORMATION SUMMARY The Durham Quarry has been used for a number of years as a source of gravel for County and building activity. The quarry went out of service a number of years ago and was being refilled. The overall quarry property encompasses approximately 28.6 acres, with approximately 7.1 acres zoned Mixed Use Commercial (MUC-1) in Tigard and the remaining 21.5 acres similarly zoned in Tualatin. The County declared the property as surplus and went through the process of requesting proposals for development of the property. OPUS Northwest, LLC, was chosen to develop the site. As noted, the site is divided between two jurisdictions. To simplify the development process, Tigard entered into an Intergovernmental Agreement with Tualatin, assigning development responsibility for the entire site to Tualatin. The agreement is similar to our agreement with Washington County for the unincorporated Bull Mountain area. OPUS has proceeded with detailed development plans that include the quarry site and adjacent properties. We have been notified of an intent to file an appeal of the architectural review with LUBA, however the project is under review in Tualatin. The issue before Council is to receive an update from Bruce Wood, OPUS Northwest, LLC. He will provide a project overview and status report on this significant development project. OTHER ALTERNATIVES CONSIDERED Not applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Growth and Growth Management; Goal #I - Accommodate growth while protecting the character and livability of new and established areas. ATTACHMENT LIST Attachment 1: Site plan of Bridgeport Village FISCAL NOTES N/A ! - S.W. FIND AYSiREEf / OA Itt . NeHN1Ilh8bd omhom OR V= m / 1 ~v4 ~ F OPUS. m , .rat. uur •rs,~=-CCCCLJ ' ~ I Rq 1 SMAK CffY6FTUALATIN i + E HOUSE 1 I I Nm !d IlUli~ a I `'d ' ` aa. fi s o C":eo, k xamr ' i T C 9 INS rar ~ 1 ~ R ~ o m o m ~r a..al LEASE SPACE 14IpP ~ ~ SITE LEASE PLAN 1• . 50' NLA IW I R Presentation to Tigard City Council.... Nov. 18, 2003 Mayor Griffith, Councilors I am Harry Bodine, a former board member of the Cedar Mill Community Library Association and the association's current alternate representative on CLAB, the county library advisory board. ny ways With me at the table tonight is P Biggs, a long-time resident who has worked innmaSchool Board, a person most of you know as to improve the quality of life in Tigard. Last Thursday, Pat took on. a new responsibility, president of the board of directors of People for Libraries, a political action committee formed to support library services throughout Washington County. We are here tonight in behalf of People for Libraries which currently is gearing up to advocate voter approval of a county-wide levy being proposed for the May 2004 primary funding ass st nce council and election ballot. The request of di ecto you tniht is ecei being conveyed each city ng community library board public libraries. Both Pat and I fully understand that Oregon law limits campaign activities that a city council can take as a public body. Instead, our remarks are directed to each of you in your capacity as private citizens who are keenly interested in providing the best possible library services to your constituents. The forthcoming levy offers voters throughout Washington County a clear choice regarding library services. A "Yes" majority next May coupled with a required "double majority" voter turnout will enable city and community libraries to restore cuts in service that followed the narrow loss of each Measure 34-54 by only 611 votes in November 2002`owth in demand for l will enab servl ces that our libraries to keep pace with the on-going, steady g all our libraries have experienced for a number of years. Anything less than a "double majority" win next May will condemn all our libraries to a gradual, continuing downward spiral in library services, a taste of which we all have experienced since November 2002. point: In every community where a strong The November 2002 election results proved a key "yes" campaign was conducted, Measure 34-54 passed. Elsewhere, it failed. To win in May 2004, library supporters throughout the county must put real effort into passing the forthcoming levy. It's that simple. People for Libraries is working on a county-wide basis to organize and raise money to conduct a winning campaign. A victory won't occur, however, unless serious efforts are mounted in each city and unincorporated community in behalf of proposed levy. With that goal in mind, Mayor Griffith and Councilors, People for Libraries is asking you to invest your time and effort and to recruit individuals who know your community, who are willing to work and to devote their time and energy to convey the pro-library message to voters inside and outside the city limits who are served by the Tigard City Library. Specifically, People for Libraries seeks Tigard residents who will: 1 ) Lead the effort to pass the levy in your city and your library's service area. 2 ) Serve as your city's representative and alternate representative on the People for AQ0 I' 4 . Libraries Board of Directors and commit to attending the board's regularly scheduled meetings. (In doing so, they will provide a direct and vitally important communications link between your local campaign and the county- wide campaign effort. This link was missing in 2002. We know the outcome of that election). 3) Lead and serve on a local fund-raising committee who will seek $100, $50 or $25 contributions totalling a minimum of $ 2,200 from local residents to help finance the People for Libraries campaign. 4) Lead and recruit individuals willing to work phone banks to "Get Out the Vote" in the weeks just prior to the May election and also recruit persons willing to visit senior centers and assisted care facilities to encourage their residents to vote. 5) Take responsibility for distributing (and retrieving) lawn signs in your city and library service area. 6) Lead and recruit individuals willing to work "Get Out the Vote" phone banks prior to the May election and/or visit senior centers to encourage their residents to vote. 7) Lead and direct individuals who will publicize the library levy at major community gatherings such as the Tigard Farmers' Market Mayor Griffith, Councilors, you know your city. You know individuals who can accept these responsibilites, do the jobs they require and do them well. elll. members Here i have d, you have an You established library support group already operating. l have your networks. Please let People for Libraries know as soon as possible who will undertake the responsibilities will undertake the responsibilities just listed. mittee Working together, let's hope that 000 in county lyour city evy funds budrestoget ma ntain~k forward to receiving an additional $ 385, library services in Tigard starting next July 1. kno you have Thank you for your courtesy beand the eher' for hours. if you have quest ions, 1we w II do our best full agenda tonight and you have to answer them either now or later. Harry Bodine 2130SW~Burbank u~ Portland OR 97225 (503) 292-5626 email: b pat Biggs 14250 SW 88th Ave., Tigard OR 97224 (503) 639-5337 email: patbiggs@teleport.com .