City Council Packet - 08/05/2008
City of Tigard, Oregon • 13125 SWHall Blvd. • Tigard, OR 97223
B ,
TIGARD CITY COUNCIL
SPECIAL MEETING
August 5, 2008
COUNCIL MEETING WILL BE TELEVISED
I:\Ofs\Donna's\Ccpkt 1
Phone: 503.639.4171 . Fax: 503.684.7297 , . www.tigard-or.gov . TTY Relay: 503.684.2772
I
- City of Tigard
Tigard Special Meeting - Agenda
TIGARD CITY COUNCIL
MEETING DATE AND TIME: August 5, 2008 - 6:30 p.m.
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
tw
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask
to be recognized by the Mayor at the beginning of that agenda item Citizen Communication 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 CityManager.
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 (MD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
CABLE VIEWERS: This City Council meeting will be taped by TVCTV; however, this special meeting will not be
shown live. The meeting will be rebroadcast at the following times on Channel 28:
Thursday 6:00 p.m Sunday 11:45 a.m.
Friday 10:00 p.m Monday 6:00 a.m.
TIGARD CITY COUNCIL AGENDA - AUGUST 5, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 ' 503-639-4171 www.tigard-or.gov Page 1 of 3
City of Tigard
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TIGARD CITY COUNCIL
MEETING DATE AND TIME: August 5, 2008 - 6:30 p.m.
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
6:30 PM
1. SPECIAL MEETING
1.1 Call to Order - City Council
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
2. CONSIDER A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT
REGARDING WATER SUPPLY FACILITIES, DESIGN, GONSTRUCTION AND OPERATION
WITH THE CITY OF LAKE OSWEGO AND.AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
a. Staff Report - Public Works Department
b. Council Discussion
C. Council Consideration: Resolution No. 08-
3. COMPREHENSIVE PLAN WORKSHOP REGARDING GOAL 5 - NATURAL RESOURCE AND
HISTORIC AREAS
a. Staff Report - Community Development Department
b. Council Discussion
4. ADOPTION OF CITYWIDE CLASSIFICATION AND COMPENSATION STUDY
a. Staff Report - Administration Department
b. Council Discussion
C. Council Consideration
TIG_ARD CITY COUNCIL AGENDA - AUGUST 5, 2008
Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Page 2 of 3
5. EXECUTIVE SESSION. The Tigard City Council will go into Executive Session under ORS 192.660 (2) (i)
to review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body,
the employment-related performance of the city manager. 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(4), 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.
6. ADJOURNMENT
I/ADWCathy/CCA/2008/080805 special.docx
T_IGARD CITY COUNCIL AGENDA - AUGUST _5, 2008
Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 3
Jk
i City of Tigard
Tigard Special Meeting - Agenda
TIGARD CITY COUNCIL
MEETING DATE AND TIME: August 5, 2008 - 6:30 p.m.
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask
to be recognized by the Mayor at the beginning of that agenda item Citizen Communication 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
CABLE VIEWERS: This City Council meeting will be taped by TVCIV; however, this special meeting will not be
shown live. The meeting will be rebroadcast at the following times on Channel 28:
Thursday 6:00 p.m. Sunday 11:45 a.m
Friday 10:00 p.m Monday 6:00 a.m.
_TIGARD CITY COUNCIL AGENDA - AUGUST 5, 2008_
Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 _1 503-639-4171 www.tigard-or.gov Page 1 of 3
City of Tigard
---'N Tigard Special Meetin - Agenda
TIGARD CITY COUNCIL
MEETING DATE AND TIME: August 5, 2008- 6:30 p.m.
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
6:30 PM
1. SPECIAL MEETING
1.1 Call to Order - City Council
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
6:35 PM.
2. CONSIDER A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT
REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCIION AND OPERATION
WITH THE CITY OF LAKE OSWEGO AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
a. Staff Report - Public Works Department
b. Council Discussion
C. Council Consideration: Resolution No. 08-
6:50 PM
3. COMPREHENSIVE PLAN WORKSHOP REGARDING GOAL 5 - NATURAL RESOURCE AND
HISTORIC AREAS
a. Staff Report - Community Development Department
b. Council Discussion
7:50 PM
4. ADOPTION OF CITYWIDE CLASSIFICATION AND COMPENSATION STUDY
a. Staff Report - Administration Department
b. Council Discussion
C. Council Consideration
_ TIGARD CITY COUNCIL AGENDA - AUGUST 5, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of 3
8:00 PM
5. EXECUTIVE SESSION. The Tigard City Council will go into Executive Session under ORS 192.660 (2) (i)
to review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body,
the employment-related performance of the city manager. 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(4), 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.
8:20 PM .
6. ADJOURNMENT
I/ADM/Cathy/CCA/2008/080805 specialdocx
TIGARD_CITY COUNCIL AGENDA - AUGUST 5, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of 3
August 5, 2008 Special Meeting and
Cancellation of August 19, 2008 Workshop Meeting
Affidavit of Notification
In the Matter of the Notification of a Special Meeting scheduled for Aug. 5, 2008 and the
cancellation of the Workshop Meeting scheduled for Aug. 19, 2008
STATE OF OREGON )
Countyof Washington) ss.
City of Tigard )
I, , being first duly swom (or affirmed), by oath (or
affirmation), depose and say. That I notified the following people/organizations byfax:
E` Newsroom, The Oregonian (Fax No. 503-968-6061)
L4~ Newsroom, Tigard Times (Fax No. 503-546-0724)
and the following people/organizations bye-mail:
~'-r Editor, The Regal Courier (Editor@RegalCourier.com)
Listings Department, The Oregonian (Listings@news.oregonian.com
A copy of said Notice being hereto attached and reference made a part hereof, on the
day of , 20
Signa o Person who Pe ormed No nation
Subscribed and sworn (or affirmed) before me this,-~ day of , 21
l i
OFFICIAL SEAL
(taMISSION ERINE D WHFATLEY
NOTARY Pusuc-OREGON 0 k A
NO. 419237
MY COMMISSION EXPIRES AUO.04, 2011 Signature of Notary Public for tegon
'ITGARD QTY CO TNaL
SPECIAL MEETING
AUGUST 5, 2008-
•
TlGARD CQTY HALL
13125`SW HALL BLVD
TIGARD O~ 97223 TIGAR
NOTICE
TIGARD CITY COUNCIL MEETING CHANGES:
1) A Special Meeting is scheduled at 6:30 p.m. on August 5, 2008.
2) The Workshop Meeting scheduled for August 19, 2008 is cancelled.
Please forward to:
❑ Newsroom, The Tunes (Fax No. 503-546-0724)
❑ Newsroom, The Oregonian (Fax No. 503-968-6061)
❑ Listings Department, The Oregonian (Listings@news.oregonian.com)
❑ Editor, The Regal Courier (Fax No. 503-968-7397)
For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, ext. 2419.
Deputy City Recorder
Date: &4 7~aS4,,9
Post: Tigard City Hall
Tigard Permit Center
Tigard Public Library
07/25/2008 09:33 FAX 503 639 1471 CITY OF TIGARD 0001
sx TX REPORT
TRANSMISSION OK
TX/RX NO 0445
CONNECTION TEL 503 968 6061
SUBADDRESS
CONNECTION ID OREGONIAN
ST. TIME 07/25 09:32
USAGE T 00'37
FIGS. SENT 1
RESULT OK
7, + -TIGARD
r t.
HIM
I +u
NOTICE
TIGARD CITY COUNCIL MEETING CHANGES:
1) A Special Meeting is scheduled at 6:30 p.m. on August 5, 2008
2) The Workshop Meeting scheduled forAugust '19, 2008 is cancelled.
Please forward to:
❑ Newsroom, The Tunes (Fax No. 503-546-0724)
❑ Newsroom, The Oregonian (Fax No. 503-968-6061)
❑ Listings Department, The Oregonian (Listings@news.oregonian.conr
❑ Editor, The Regal Courier (Fax No. 503-968-7397)
For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, ext. 2419.
07/25/2008 09:35 FAX 503 639 1471 CITY OF TIGARD 0 001
>k TX REPORT *ss
TRANSMISSION OK
TX/RX NO 0446
CONNECTION TEL 503 546 0724
SUBADDRESS
CONNECTION ID IT NEWSROOM
ST. TIME 07/25 09:34
USAGE T 01'30
PGS. SENT 1
RESULT OK
1~~;~ a t
NOTICE
TIGARD CITY COUNCIL MEETING CHANGES:
1) A Special Meeting is scheduled at 6:30 p.m. on August 5, 2008
2) The Workshop Meeting scheduled for August 19, 2008 is cancelled.
Please forward to:
❑ Newsroom, The Times (Fax No. 503-546-0724)
❑ Newsroom, The Oregonian (Fax No. 503-968-6061)
❑ Listings Department, The Oregonian (Listings@news.oregonian.com)
❑ Editor, The Regal Courier (Fax No. 503-968-7397)
For further information, please contact Deputy CatyRecorder Carol Krager by calling 503-639-4171, ext. 2419.
Carol Krager
From: Carol Krager
Sent: Friday, July 25, 2008 10:42 AM
To: 'Editor@theregalcourier.com'; 'Listings@news.oregonian.com'
Subject: Tigard City Council Special Meeting Called; Workshop Cancelled
Attachments: Carol Krager.vcf; Tigard City Council Meeting Changes.pdf
Attached is a notice of the Special Meeting scheduled for August 5, 2008 and the cancellation of the August 19, 2008
Workshop Meeting. Please call if you have any questions. Thank you!
i , , City of Tigard
Carol Krager
j Deputy City Recorder
1312.5 SVV Nall Blvd.
4 Tigard, OR 97223 i
(503) 718-219
t
l carolk@bgard-or,gov j
1
[I;
City of Tigard, Oregon
Affidavit of Posting
in the Matter of the Notification of the August 5, 2008 Tigard City Council Special Meeting
and the Cancellation of the August 19, 2008 Workshop Meeting
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, - , being first duly sworn (or affirmed), by oath (or
affirmation), depose and say.
That I posted in
➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon
➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon
➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon
A copy of said Notification of Special Meeting on August 5, 2008 and Cancellation of the August 19, 2008
Workshop Meeting, and a co y f said Notice being hereto attached and by reference made a part hereof, on
thec day of~ , 2008.
Signature of Person who Performed Notification
b-k
Subscribed and sworn (or affirmed) before me thi4=L5 dayof 4444-- '2008.
/ eti
Signature of Notary Public for Ore (OA
OFFlCIAL SEAL
cnTME o w~►ner
NOTARY
COMNN8SION N0.419237
MY COMMI8810N EXPMRES 14, 2011
a:
TTGARD QTY COUNaL ,
SPEQAL'MEETING.
AUGUST 5, 2008 ■
TIGARD QTY HALL
13125 SW HALL BLVD.
TIGARD OR 97223 1
6:30 P1vI
NOTICE
TIGARD CITY COUNCIL MEETING CHANGES:
1) A Special Meeting is scheduled at 6:30 p.m. on August 5, 2008.
2) The Workshop Meeting scheduled for August 19, 2008 is cancelled.
Please forward to:
❑ Newsroom, The Tunes (Fax No. 503-546-0724)
❑ Newsroom, The Oregonian (Fax No. 503-968-6061)
❑ Listings Department, The Oregonian (Listings@news.oregonian.com)
❑ Editor, The Regal Courier (Fax No. 503-968-7397)
For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, ext. 2419.
Deputy City Recorder
Date: Q ? S% r
Post: Tigard City Hall
Tigard Permit Center
Tigard Public Library
Agenda Item No. 3 , 1
Meeting of
City of Tigard
Tigard Special Meeting Minutes
TIGARD CITY COUNCIL
MEETING DATE AND TIME: August 5, 2008 - 6:30 p.m.
MEETING LOCATION: City of Tigard - Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223
1. SPECIAL MEETING
1.1 Mayor Dirksen called the meeting to order. 6:31:46 PM
1.2 Deputy Recorder Krager called the ro1L
Present Absent
Mayor Dirksen ✓
Councilor Buchner ✓
Council President Sherwood ✓
Councilor Wilson ✓
Councilor Woodruff ✓
Staff present: City Manager Prosser, Public Works Director Koellermeier, Assistant City Manager
Newton, Community Development Director Coffee, Senior Planner Wyss, Associate Planner Floyd,
Human Resources Director Zodrow and Deputy Recorder Krager.
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports
1.5 Call to Council and Staff for Non-Agenda Items
City Manager Prosser noted that there would be an Executive Session at the end of the meeting to
discuss the city manager position review and that he would not be in attendance.
Councilor Buchner announced that her son, josh Inman is rowing in the Olympics and the finals will be
Sunday, August 17 to be televised sometime in the 7:00 pm-midnight timeframe. Mayor Dirksen
remarked that the list of Olympic athletes from Oregon is truly impressive.
TIGARD CITY COUNCIL MINUTES - AUGUST 5, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 1 of9
2. CONSIDER A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT
REGARDING WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION AND OPERATION
WITH THE CITY OF LAKE OSWEGO AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
6:34:09 PM Public Works Director Koellermeier introduced this item. He said this agreement is a monumental
one for the City and one they have been working on for a long time. He noted that the cities of Tigard and
Lake Oswego have been working towards a water partnership for many years and several Tigard City Councils
have identified this as one of their long-term goals. He presented a PowerPoint summarizing the Agreement
between the cities of Tigard and Lake Oswego. A copy of the presentation is in the City Recorder's office.
The agreement before Council would make several improvements to the existing Lake Oswego water system
including:
• Expansion of the water treatment facility
• Replacement of the existing river intake
• Construction of reservoir as part of Phase Two
• Upsizing of all transmission lines
• Existing water rights and permits on the Clackamas River will be utilized
He said the agreement has two phases. Phase One will produce 32 mgd of water. Of that, 18 mgd will be
pledged to Lake Oswego (adding 2 mgd to their existing 16 mgd) and 14 mgd will be for Tigard. The
remaining 6 mgd will be evaluated in the future. Both partners are dealing with growth issues and decisions
will need to be made regarding the remaining 6 mgd, if either party needs it
He said Lake Oswego will be the managing agency and the water rights will remain with Lake Oswego;
however, they are pledged to the partnership. There will be a technical committee (comprised of staff
members from both cities) and an oversight committee. Oversight committee members are appointed by
the Council but do not necessarily have to be City Councilors. Some actions are structured in such a way
that both cities will be required to take action on major decisions in the agreement.
6:42:04 PM Benefits to Tigard:
• Saves customers water rate increases over the next 25 years
• This source is expected to meet needs from 2016 through 2035
• Allows some costs to come from future development
• Uses latest treatment technologies (state of the art facility)
• Provides greater control over water quality
• Allows Tigard to withdraw from Tualatin Basin Water Supply Partnership and one of its
two water right permits on the Willamette River
The cost of the agreement is dependent upon appraisals. Tigard's Phase One share is estimated at $81
million. There are ten years of engineering and construction ahead of us so the numbers are a best
estimate at this time but may change. He said because we are investing in our own infrastructure it can
now be brought to bear in the SDC structure so Tigard can share the cost with the growth community
and not just the water rate payers.
Public Works Director Koellermeier said the Intergovernmental Water Board, Durham, King City and the
Tigard Water District passed resolutions in support. He said Lake Oswego's City Council is considering this
agreement tonight.
TIGARD CITY COUNCIL MINUTES - AUGUST 5, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 2 of9
Council President Sherwood asked, "When do we notify Portland?" Mr. Koellermeier said, "Five years
before the year 2016."
Councilor Woodruff asked Public Works Director Koellermeier to remind everyone what Tigard's water use
is on peak days now and what is anticipated to be our need in 2030. Mr. Koellermeier said the City
currently uses 11 mgd. The forecast for the year 2020 is 20 mgd. He said this agreement should meet
Tigard's water needs through 2035 when coupled with ASR wells. He said the City will continue to have
emergency agreements with the joint Water Commission and Portland.
Councilor Buchner asked if allowances were being made for construction delays since the intent is to come
on line in 2016 which is the same year the current agreement with Portland expires. Public Works Director
Koellermeier assured her that should the construction schedule slip, Portland would cover in a bridge
contract to sell us water.
6:49:42 PM City Manager Prosser said this had been one of the Council's goals for many years. He
acknowledged the work of prior city officials Ed Wegner and Bill Monahan. He also thanked Public Works
Director Koellermeier for a magnificent job in bringing this to completion.
6:50:29 PM Mayor Dirksen said the amount of effort has been tremendous on this. He said this is the first
time in the history of Tigard that there is a secure water source and we're not just a customer of another
entity. He stated that the agreement could easily be the most important achievement of this Council.
Councilor Woodruff noted this water source is also relatively free of controversy, unlike some sources that
were considered, such as the Willamette.
Public Works Director Koellermeier said Lake Oswego's Council is voting on this same agreement at their
meeting tonight and said he will be calling them to check on the results of their vote. He said if both
Councils approve this agreement tonight there will be an official signing ceremony tomorrow, August 6,
2008 at 6:30 p.m.
Councilor Woodruff made a motion to approve Resolution No. 08-39 and Council President Sherwood
seconded the motion. The motion passed unanimously.
Mayor Dirksen Yes
Councilor Buchner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
Council President Sherwood noted that 17 years ago Tigard and Lake Oswego got very close to working out
an agreement but it fell apart. She commented that it is the staff and Council behind the scenes who helped
bring this together and especially recognized Mayor Dirksen and Councilors Woodruff and Buchner.
3. 6:55:11 PM COMPREHENSIVE PLAN WORKSHOP REGARDING GOAL 5 - NATURAL
RESOURCE AND HISTORIC AREAS (CPA 2008-00003)
• Associate Planner Floyd and Senior Planner Wyss introduced this item. Mr. Floyd said tonight's workshop
would focus on refinement of concepts developed over a series of meetings on this Comprehensive Plan
• amendment. He said there had been four Policy Interest Team meetings - two for Natural Resources and
two for Historic Areas. There were also two Planning Commission workshops followed by two Planning
Commission public hearings. He said there was substantial public comment received at each stage and
TIGARD CITY COUNCIL MINUTES - AUGUST 5, 2008
City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 3 of9
considerable debate. He said that broadly speaking, this refinement process focused on four main themes,
now embodied in the draft Goals, Policies and Recommended Action Measures:
• Clarity of meaning
• Avoiding unnecessary duplication or specificity
• Maintaining sufficient flexibility to allow the City to respond to changing conditions
• Encouraging the City to take a more proactive approach regarding natural and historic resources
Associate Planner Floyd said the Planning Commission and Policy Interest Teams expressed a strong desire for
the City to take a leadership position in regards to natural resources protection.
He noted that two individuals commented prior to tonight's meeting. John Frewing sent an e-mail to the
Mayor on July 22, 2008 expressing concern that the proposed goals and policies are not as stringent as existing
ones. Staff responded to his concerns in a memo copied to Council on July 24, 2008. He noted that he
received written comments today from Sue Beilke regarding process and content. He gave copies of these
comments to Mayor Dirksen and Council. Mr. Floyd said her comments and concerns were considered by the
Planning Commission at their second workshop and at both public hearings. He said the Planning
Commission decided not to include them in the final language. He reminded Council that Tigard is already in
compliance with State Land Use Goal 5 and Metro Titles 3 and 13.
Councilor Buehner noted that Ms. Beilke's comments relate more to process and not the actual
Comprehensive Plan. She suggested that these concerns be looked at in the context of drafting the Code.
Councilor Wilson said he was the Council liaison to the Tualatin Basin Resources Committee and they used
words such as "strictly limit" and "moderately limit" as regulatory terms applied to mapped areas. He said
they subsequently decided not to use these terms. He expressed concern about this language being put in
Tigard's Comprehensive Plan. He said he would prefer it if maps showed quality of habitat.
Senior Planner Wyss said that when Council adopted the map in 2006, the legend was changed to list
highest value habitat, moderate value habitat and lowest value habitat, etc. He said the language can be
changed to match the map. Council agreed that this change should be made.
7:05:24 PM
Mayor Dirksen asked why this chapter didn't reflect and mirror the language in the Tualatin Basin Goal 5
Regional document. He recommended that on Page 5-11 a few action measures phrases be changed
because they were vague and far-reaching. He said 10.x should read, "Protect and restore natural resources
through a variety of methods, including but not limited to the use of land management regulations and
incentives that encourage habitat-friendly development." He said the next item should read, "Encourage
habitat-friendly development by implementing land use regulations and standards that provide flexibility in
meeting state and regional land use goals."
Senior Planner Wyss said he'd look at putting this language referring to Goal 5 in the introduction.
Mayor Dirksen asked about Recommended Action Measure 4 on page 5-10. He said he was not sure if it
was possible and what kind of commitment it is.
Associate Planner Floyd said that this acknowledges Council's recently approved Urban Forest Land Use
Comprehensive Plan amendment chapter. He said it also focuses on locally significant habitat areas because
one criticism was that too much of Tigard's regulatory structure is based on regionally significant resources.
Councilor Wilson asked, "Are we going to accept Metro's maps or are we going to develop our own? There
was a lot of conversation about mapping errors and how things have changed. I've not sure that regional
TIGARD CITY COUNCIL MINUTES - AUGUST 5, 2008
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 4 of9
significance should be the litmus test." Councilor Buehner suggested referencing it to an updated version
to make sure it's correct.
Mayor Dirksen said the first action measure is an important one. It says we will identify an inventory of
locally significant habitats and plant communities not included in the Nature in Neighborhoods and Tualatin
Basin Natural Resources coordinating committee studies. He said this opens the door to creating our own
inventory which is something we should commit to doing.
Councilor Buehner asked if there was a way to address mapping errors. Senior Planner Wyss cited Policy 10
on page 5-9 which directs the City to update and improve any Metro programs and if necessary update and
improve the baseline inventory of natural resources.
Councilor Wilson said No. 4 becomes irrelevant because we are not limiting ourselves to regionally
significant resources and are instead starting with what they did and improving on it.
Mayor Dirksen referred to Page 5-10, Action Measure 7 and asked how a bioregional conservation strategy
differs from a regional strategy. Associate Planner Floyd said it would be defined in the glossary but it
means the focuses on natural boundaries of a region as opposed to the political boundaries.
` Mayor Dirksen asked if language on page 5-11 regarding supplementing ground water extraction is in
conflict with the City's ASR wells. Senior Planner Wyss said staff will research and get back to Council on
this.
Councilor Wilson said Policy 7 on Page 5-9 is too strong and asked Council if they really wanted to do this.
He said protecting the upland riparian areas to the "maximum extent possible" could mean down zoning it
all as open space and having no more development. Councilor Buehner said the City needs to be mindful
about property owner rights to develop their own property, especially with Measure 37. Councilor Wilson
said these upland areas are left over for one reason or another and we're saying, if you haven't developed so
far, you're not going to be able to, and penalizing the people who have been good stewards. This may force
people to start cutting down trees in advance of a regulation and I think it is an unwise approach.
Councilors Buehner and Sherwood agreed.
Associate Planner Floyd said this had been discussed at length and in the phrase, "maximum extent
possible" the word possible was meant to acknowledge things like property rights and reasonable land use
regulations. He said "possible" could be changed to "feasible", which is defined in the glossary.
Planning Commissioner Vermilyea said he recalled an extended discussion on the words, "maximum" and
"possible." He said they elected to use the word "feasible" rather than "possible" because saying you're
going to do something to the maximum extent possible creates a number of problems. He said the word
"feasible" means to take into consideration the context of the proposed development, the surroundings, the
legal framework, etc. He said the Planning Commission sought a balance between the strong opinions on
both sides.
Mayor Dirksen said he wants to fall back on the strong language and use words like "encourage protection"
and "endeavor to restore."
Attorney Ramis cautioned about using the word, "feasible" with the qualifier "maximum extent" because it
would be possible that a reviewing body will think you must have meant something more than just feasible
because you used the qualifier "maximum extent." "Maximum extent" has meaning that is not erased by
the word, "feasible."
TIGARD CITY COUNCIL MINUTES - AUGUST 5, 2008
Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 5 of9
7:32:09 PM Councilor Buchner suggested rewriting this goal to make it more aspitational and positive and
encourage protection of natural resources. Senior Planner Wyss said staff will work on alternatives and bring
them back to Council.
Councilor Woodruff suggested just taking out the phrase, "to the maximum extent possible."
Councilor Wilson asked about the source of the language regarding firefighters and sprinklers, commenting
that it seems very specific. Associate Planner Floyd agreed and said this was a recommendation from
Tualatin Valley Fire and Rescue. Councilor Wilson suggested taking it out of the Comprehensive Plan and
putting it into the Code. He said sprinklers are a great idea but not for protecting natural resources so this
language seems out of place.
Policy Interest Team Member Frewing asked to speak. He noted that Council has copies of his recent
comments. He said he is concerned about the level of specificity. He said, "We have lost a good part of
what was in the Comprehensive Plan. This is a gutting of the 1983 Comprehensive Plan which listed 15
different features, natural and historic, that the City Council thought were important and wanted to enhance
and preserve. This is not an update; it is a gutting of that Plan. It basically says that Tigard has some
interesting natural resources and someday we will write regulations to protect them. Other city's
Comprehensive Plans name specific locations and resources. Why must you be so general in this
document?"
Councilor Wilson said this was a good question. He said we have committed ourselves to mapping and then
developing regulations. He said, "My only concern about specifically mentioning certain properties is what
is our ability to follow-through and protect it?
Mr. Frewing said Tigard should be telling the region, the country, businesses and anyone who lives here that
we like this kind of stuff.
Councilor Buchner said she was working for Portland when they were developing their Comprehensive
Plan. She said their first draft led to eight or nine amendments involving legal processes. Her conclusion is
that the City of Portland's plan was too specific. She said the reality of too much specificity is that it can be
a legal nightmare. She said specific requirements belong in the Code.
Councilor Wilson said he agreed with Mr. Frewing and suggested listing the things that are important to
Tigard such as ravines, the power line easement, Fanno Creek and the Tualatin River. He said these should
be listed as major resources that ought to be linked or preserved, etc. He said a Comprehensive Plan can be
visionary without naming specific properties.
7:50:56 PM Mayor Dirksen said what Mr. Frewing said had merit. He asked if it was possible to look at the
list in the existing Comprehensive Plan list and put those assets under these headings? He suggested that
Recommended Action Measure 1 be rewritten with something to the effect that we need to do an inventory
and create a new list, and not just have habitat on it. Councilor Buchner agreed with putting in some items
in the beginning of the section that act as a bridge between the old and new Comprehensive Plans.
Associate Planner Floyd said staff will look at rewriting this to include the inventory.
Community Development Director Coffee asked, "What do you want to do with that list? Current natural
resources law says you have to done an inventory that evaluates it against all of those factors and then you
can do something about that resource. But just listing these things would be just that - a local list, but
absent the work that needs to be done it won't get you very fat in this current legal framework." There are
more rigorous requirements on a local government that tries to protect private property through a
comprehensive plan policy..
TIGARD CITY COUNCIL MINUTES - AUGUST 5, 2008
Cityof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Page 6 of9
Planning Commission Ve=dlyea said getting more accurate 8:00:35 PM maps was a very high priority to
the Planning Commission as well. They were concerned that they did not have the right data to be specific
and needed more information. He asked, "Do you want the Planning Commission to get back together and
reconsider the old Comprehensive Plan, creating a bridge to the new one?" He said the Downtown Plan
and Fanno Creek Plan were referenced throughout the document and felt that gives life to the document
and gives better direction for those using the Comprehensive Plan in the future.
Council President Sherwood reiterated that most of the Comprehensive Plan Update chapters have been
approved and asked, "Do we want to change direction now?"
Councilor Woodruff suggested a compromise of listing some of the resources that Mr. Frewing mentioned
as subsets in the introduction to make it specific to Tigard.
Planning Commissioner Vermilyea said this was exactly the discussion that the Planning Commission spent
time on but they felt that their charge was not only to keep this chapter consistent with the other chapters
but to make it a flexible document. He said they agreed with Councilor Buehner that the higher level of
specificity belongs in the Code. He said the Planning Commission said it was very important to get the maps
updated because not having current information makes it difficult to create the resource lists and do the
necessary planning.
Councilor Wilson said, "But you don't want to lose the ability to inspire citizens to appreciate what is special
about Tigard. I am lamenting that comprehensive planning has become a legal exercise rather than a
visionary exercise." He referred to Portland's emerald necklace concept 8:07:56 PM saying, "100 years later
it still has staying power and they're trying to string it together." He said, "I don't want to lose the vision,
the inspiration... what gets people excited." In response to a question from Mayor Dirksen about
recommendations, he said, "Put in the list of natural resources and follow up with the mapping exercise."
City Attorney Ramis agreed with Councilor Wilson about the historical change in the way Comprehensive
Plans are done. He said in the early days a city's authority to develop regulations was rooted in their
Comprehensive Plan so they had more extensive listing of resources and descriptions of policies than you
see today. What has happened in terms of the State's regulatory system is that your authority, particularly
when it comes to regulating resources is rooted heavily in the Goal 5 ESEE analyses, which are technical
processes of identifying resources and making policy decisions by balancing interests He said the suggested
compromise is what a lot of communities are doing. You set up a general policy and identify in the
Comprehensive Plan major things you want to accomplish but turn to the tedious, technical work of
inventorying and sorting out what is worth protecting, etc.
Mayor Dirksen noted that Tigard's Comprehensive Plan update is going to be the newest in the state so it
won't look like any other that came before it. He said up front Council said they wanted a completely new
document that is appropriate to the 21" century so comparing it to the old document is a problem. He said,
"We don't have to lose the visionary quality."
Senior Planner Wyss commented that the inventory from the 1983 Comprehensive Plan that Mr. Frewing
referred to listed 20 sites He said ten are located within stream corridors so they are under our Goal 5
protections; two are upland tree groves, and the other eight are historic resources. He said staff can incorporate
those in the introductory section. Council agreed that this would be satisfactory.
8:14:23 PM Assistant City Manager Newton announced that she just received an e-mail from Public Works Director
Koellermeier saying the Lake Oswego City Council unanimously approved the Intergovernmental Water
Agreement.
TIGARD CITY COUNCIL MINUTES - AUGUST 5, 2008
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4. ADOPTION OF CITYWIDE CLASSIFICATION AND COMPENSATION STUDY 8:15:02 PM
Human Resources Director Zodrow introduced this item. She said consulting firm Koff & Associates had
completed their classification and compensation study and Council has been briefed on the results of the study.
The costs of implementing the study have been discussed with Council and the method of implementing the
complete compensation results over a two-year period was preferred She said a Council motion to adopt this
study would include the implementation phase-in.
Ms. Zodrow said the City now has updated class and job descriptions and a compensation review. She said the
review of the benefit program found that Tigard was competitive. She said, "This puts us in good stead for job
recruitments." She said she has been involved in many classification and compensation studies over her human
resources career and said this one was received very well.
Mayor Dirksen said completing this study was partly due to an agreement with represented employees to do so.
He noted that during the report from the consultant Council heard that Tigard's current compensation plan was
closer to what it should be of any city they've worked with recently. He said this shows the City has worked
well to improve competitiveness and fairness as an employer. He said, "Approving and implementing this
study will continue to move us down that path."
Councilor Woodruff thanked Ms. Zodrow and the consultants, saying that he felt the work was done in a
conscientious and complete manner.
Councilor Wilson commented that implementing this study and equalizing salaries has certain costs but, "you
do it now or you do it later. Eventually you have to pay people what they would be paid elsewhere for similar
work, or they leave." He said the fact that the City was not so far out of range compared to other agencies
gives credit to out human resources department.
Councilor Buchner moved to adopt the Citywide Classification and Compensation Plan and Implementation
Schedule and Councilor Woodruff seconded the motion. Mayor Dirksen called for a vote and the motion
passed unanimously.
Mayor Dirksen Yes
Councilor Buchner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
5. NON AGENDA ITEMS - City Manager Prosser asked Council about meeting dates for a joint meeting with
the Budget Committee. Council agreed to meet on the first Tuesday of October (October 7, 2008) at 6:30
p.m.
6. 8:21:49 PM Mayor Dirksen announced that the Tigard City Council was going into Executive Session under
ORS 192.660 (2) (i) to review and evaluate, pursuant to standards, criteria, and policy directives adopted by
the governing body, the employment-related performance of the City Manager.
7. At 8:49 p.m. the Executive Session ended and Mayor Dirksen reconvened the Council Special Meeting.
TIGARD CITY COUNCIL MINUTES - AUGUST 5, 2008
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8. At 8:50 p.m. Councilor Woodruff moved to adjourn the meeting and Council President Sherwood seconded
the motion. The motion passed by a majority of Council present
Mayor Dirksen Yes
Councilor Buehner Yes
Council President Sherwood Yes
Councilor Wilson Yes
Councilor Woodruff Yes
Carol A. Krager, Deputy City M order
Attest:
Mayor, City of Tigard
Date: [ 'a3 0z
I/ADM/Cathy/CCM/2008/080805 special.doc
TIGARD CITY COUNCIL MINUTES - AUGUST 5, 2008
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Agenda Item # L-)
Meeting Date August 5, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Consider a Resolution approving the Intergovernmental Agreement Regarding Water Supply
Facilities, Design, Construction, and Operation with the City of Lake Oswego and Authorizing the Mayor to Execute
the Agreement
Prepared By: Dennis Koellermeier Dept Head Approval: City Mgr Approval: -AZ ISSUE BEFORE THE COUNCIL
Shall the Council approve the Intergovernmental Agreement regarding Water Supply Facilities, Design, Construction,
and Operation with the City of Lake Oswego and authorize the Mayor to execute the agreement?
STAFF RECOMMENDATION
Staff recommends approval of the agreement.
KEY FACTS AND INFORMATION SUMMARY
■ The cities of Tigard and Lake Oswego have been working on a possible water partnership for the past several
years.
■ Negotiations recently culminated in the development of a water partnership agreement, known as the
Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction, and Operation.
■ Under the agreement, Tigard and Lake Oswego would jointly:
- Expand Lake Oswego's water treatment facility.
- Replace the existing river intake.
- Construct a reservoir.
- Upsize transmission lines.
- Develop existing water rights and permits on the Clackamas River.
■ The improvements would allow Tigard and Lake Oswego to produce up to 38 million gallons of water per day.
Of this amount, Tigard would receive between 14 and 20 million gallons per day.
■ The Intergovernmental Water Board advises the Council on water-related matters. On July 9 the Board
unanimously approved Resolution 08-01 recommending the City of Tigard approve the water partnership
agreement.
■ A memorandum with additional information on the water partnership is attached.
OTHER ALTERNATIVES CONSIDERED
The Council could choose not to approve the agreement and could provide staff with direction on how to proceed in
securing a future water source.
1~
CITY COUNCIL GOALS
2008 Tigard City Council Goal No. 6: Make a decision on Tigard's long-range water source(s).
ATTACHMENT LIST
1. Resolution
Exhibit A: Intergovernmental Agreement Regarding Water Supply, Facilities, Design, Construction, and Operation
2. Memorandum dated July 22, 2008 from Public Works Director with additional information on the water
partnership
3. A Summary of Lake Oswego-Tigard Water Agreement
4. Intergovernmental Water Board Resolution No. 08-01
FISCAL NOTES
The projects associated with the water partnership are estimated to cost $136 million. Tigard's share of the
improvements and cost to buy into Lake Oswego's existing system is estimated to be $81 million. Some initial
buy-in costs will be paid in FY '08209. Tigard's subsequent share of the cost will be financed through revenue
bonds paid over a 20 year period beginning in FY '09210.
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 08-
A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT REGARDING
WATER SUPPLY FACILITIES, DESIGN, CONTSTRUCTION, AND OPERATION WITH THE CITY
OF LAKE OSWEGO AND AUTHORZING THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, the Tigard Water District, City of King City, City of Durham, and the City of Tigard are voting
members of the Intergovernmental Water Board created by way of an intergovernmental agreement dated
December, 1993; and
WHEREAS, the City of Tigard and the City of Lake Oswego desire to enter into an intergovernmental
agreement regarding water supply for the purpose of jointly obtaining a permanent non-contract source of raw
water; and
WHEREAS, it is in the public's best interest for the City of Tigard to review the intergovernmental agreement;
and
WHEREAS, the intergovernmental agreement is supported by sound engineering analysis, is in the best interest
of water customers within the original water district, and is consistent with the goal of working together to
provide all of the residents and property with a clean, economical water supply; and
WHEREAS, in July 2007 an engineering study known as the Lake Oswego and Tigard Joint Water Supply
System Analysis was performed by Carollo Engineers and was funded by the ratepayers of the Tigard Water
Service Area and the City of Lake Oswego.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council approves the Intergovernmental Agreement Regarding Water Supply
Facilities, Design, Construction, and Operation with the City of Lake Oswego (Exhibit A) and
authorizes the Mayor to execute the agreement.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This day of 2008.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
RESOLUTION NO. 08 -
Page 1
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 08-
A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT REGARDING
WATER SUPPLY FACILITIES, DESIGN, CONSTRUCTION, AND OPERATION WITH THE QTY
OF LAKE OSWEGO AND AUTHORZING THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, the Tigard Water District, City of King City, City of Durham, and the City of Tigard are voting
members of the Intergovernmental Water Board created byway of an intergovernmental agreement dated
December, 1993; and
WHEREAS, the City of Tigard and the City of Lake Oswego desire to enter into an intergovernmental
agreement regarding water supply for the purpose of jointly obtaining a permanent non-contract source of raw
water, and
WHEREAS, it is in the public's best interest for the City of Tigard to review the intergovernmental agreement;
and
WHEREAS, the intergovernmental agreement is supported by sound engineering analysis, is in the best interest
of water customers within the original water district, and is consistent with the goal of working together to
provide all of the residents and property with a clean, economical water supply; and
WHEREAS, in July 2007 an engineering study known as the Lake Oswego and Tigard Joint Water Supply
System Analysis was performed by Carollo Engineers and was funded by the ratepayers of the Tigard Water
Service Area and the City of Lake Oswego.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council approves the Intergovernmental Agreement Regarding Water Supply
Facilities, Design, Construction, and Operation with the City of Lake Oswego (Exhibit A) and
authorizes the Mayor to execute the agreement.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This day of 2008.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
RESOLUTION NO. 08 -
Page 1
Exhibit A
INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY
FACILITIES, DESIGN, CONSTRUCTION, AND OPERATION
DATED , 2008
BETWEEN
THE CITY OF LAKE OSWEGO
AND
THE CITY OF TIGARD
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TABLE OF CONTENTS
Page
RECITALS ...............................................................................................................1
ARTICLE I Definitions 3
ARTICLE II Warranties and representations of the Parties 11
ARTICLE III Management 12
ARTICLE IV System Ownership 19
ARTICLE V Property; Creation of Tenancy in Common 21
ARTICLE VI Design and Construction of Supply Facilities 24
ARTICLE VII Operation and Management 28
ARTICLE VIII Supply Facilities 32
ARTICLE IX Expansion Rights and Requirements 36
ARTICLE X Leasing 40
ARTICLE XI Sales to Others 43
ARTICLE XII Operations Manual 44
ARTICLE XIII Withdrawal, Termination of Membership, Sale of Assets and
Dissolution 46
ARTICLE XIV Dispute Resolution 51
ARTICLE XV Completion of Initial Expansion of the Supply Facilities 53
ARTICLE XVI Notices 54
ARTICLE XVII General Provisions 55
i
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LIST OF EXHIBITS
Exhibit 1 Existing Real Property, Supply Facility Components and Valuation
Exhibit 2 Service Areas
Exhibit 3 Map of Supply Facilities
Exhibit 4 Surface Water Rights
Exhibit 5 Supply Facilities Capital Improvement Program (to be adapted by
Councils)
Exhibit 6 Determination of Tigard Buy-In
Exhibit 7 Allocation of System Improvement Costs to the Parties
ii
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This Intergovernmental Agreement Regarding Water Supply Facilities, Design,
Construction, And Operation is dated, , 2008 (the "Agreement"), by
and between the City of Lake Oswego ("Lake Oswego'), an Oregon municipal
corporation and the City of Tigard ("Tigard"), an Oregon municipal corporation. Lake
Oswego and Tigard may also be referred to individually herein as a "Party" and
collectively as the "Parties."
RECITALS
WHEREAS, the City of Tigard operates a municipal water supply utility under
ORS 225, with transmission, storage and distribution facilities to deliver potable water to
Customers within the area of the Cities of Tigard, King City, Durham, and the remainder
of the Tigard Water District;
WHEREAS, the City of Lake Oswego operates a municipal water supply utility
under ORS 225, which treats and distributes potable water to Retail Customers and sells
water at wholesale to the Lake Grove Water District, the River Grove Water District,
Skylands Water Company, Glenmorrie Cooperative Association and Alto Park Water
District (the "Existing Wholesale Customers");
WHEREAS, Lake Oswego has existing water intake and water treatment
facilities, transmission, storage facilities (hereinafter "Supply Facilities") together with
distribution facilities and water rights;
WHEREAS, the Supply Facilities require capital improvements to repair and
replace existing assets and to construct new improvements, all at a significant cost;
WHEREAS, Tigard desires to acquire an ownership interest in the Supply
Facilities to obtain a permanent source of raw water and treatment facilities for potable
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water and also needs to make capital improvements for storage and transmission
facilities; and
WHEREAS, the Parties jointly funded a study by Carollo Engineers known as the
Lake Oswego and Tigard Joint Water Supply System Analysis dated July, 2007 ("Carollo
Report"); and
WHEREAS, the Parties agree that, based upon the Carollo Report, there are
significant benefits by jointly taking action to perfect existing water rights, construct,
repair, replace, expand and otherwise improve the Supply Facilities infrastructure
necessary to supply that water to the Parties and to realize or mitigate potential
environmental impacts and benefits; and
WHEREAS, prior to the execution of this Agreement, the Parties worked in a
collaborative, open, and participative manner to select an operating framework that best
selves the needs of the Parties, and this Agreement incorporates those precepts;
WHEREAS, the Parties agree that creation of this Intergovernmental Agreement
and investment by the Parties shall provide the Parties with stability and local control
over the source of supply, build ownership equity in the Clackamas River System,
provide for flexibility in the use and allocation of water, provide for flexibility for
management of water resources for enhanced costs and operation efficiency, create
opportunities to share and trade staff resources, expertise and technological capabilities,
and being fully advised,
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the Parties agree as follows:
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ARTICLE I
DEFINITIONS
1.1 Definitions
As used in this Agreement, the following terms when capitalized shall have the
following meanings:
1.1.1 Agreement-this Agreement
1.1.2 Book Depreciation Life - the years used to depreciate an asset in
accordance with Generally Accepted Accounting Principles.
1.1.3 Capacity - capability from the various components of the Supply
Facilities to produce or deliver water; measured in cubic feet per second
(cfs), gallons, gallons per day (gpd), gallons per minute (gpm), million
gallons per day (mgd), or other comparable measurement and available
based on current operating conditions consistent with generally accepted
engineering and operating practices.
1.1.4 City of Lake Oswego - an Oregon Municipal Corporation in Clackamas,
Multnomah, and Washington Counties, Oregon.
1.1.5 City of Tigard - an Oregon municipal corporation in Washington County,
Oregon.
1.1.6 Clackamas River Intake Pump Station - an existing structure comprised of
a reinforced concrete building and all equipment and materials contained
therein or any future expansion, modification or replacement thereof that
allows water to be withdrawn from the Clackamas River and pumped
through the raw water transmission line to the Water Treatment Plant
Facilities. The Clackamas River Intake Pump Station ownership and its
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agreed value are more fully described in Exhibit 1 which, exhibit may be
updated and revised by resolution of the Parties.
1.1.7 Curtailment Plan - A written plan developed for curtailment of water
service in accordance with OAR Chapter 690 Division 86 rules.
1.1.8 Demand - the amount of water used or projected to be used by a Party and
imposed on the Supply Facilities to serve a Party's Retail Customers its
Existing Wholesale Customers and ultimate service area measured in cfs,
gallons, gpd, gpm, mgd, or other appropriate measurement. The basis for
determining Demand may be waived or modified by the Parties due to
unusual circumstances such as a fire, emergency, etc.
1.1.9 Depreciated Replacement Cost Value - the value calculated in the current
year by multiplying the original cost of the asset times the index in the
Engineering News Record Construction Cost Index 20-City Average,
1913=100 as published in the Engineering News Record for the year of
evaluation. The products shall be divided by Engineering News Record
Construction Cost Index 20-City Average, 1913=100 as published in the
Engineering News Record for the year placed in service. The result shall
then be depreciated from the year placed in service to the year of
evaluation using the Book Depreciation Life. The formula* is expressed
as follows:
DRC = (CC*ENRe / ENW) *(1-(Ye-Y°)/BDL))
Where:
DRC = Depreciated Replacement Cost Value.
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CC = Construction cost.
ENRe = Engineering News Record Construction Cost Index for the
year of evaluation.
ENR° = Engineering News Record Construction Cost Index for the
year placed in service.
Ye = Year of evaluation.
Y° = Year placed in service.
BDL = Book Depreciation Life.
1.1.10 Existing Wholesale Customers - the Lake Grove Water District, River
Grove Water District, Skylands Water Company, Glenmorrie Cooperative
Association, and Alto Park Water District who are served at wholesale by
Lake Oswego as if they were a Retail Customer of LO under the terms and
conditions of this Agreement. The Cities of King City and Durham and.
the Tigard Water District are contractually served by Tigard and for
purposes of this Agreement shall be defined as existing wholesale
customers. The parties recognize that the status of these entities are
contractual and may change over time as determined by the affected Party
to this agreement and the existing wholesale customer.
1.1.11 Fiscal Year - the time period as defined under ORS 294.311(17).
1.1.12 Local Government Investment Pool (LGIP) - The Oregon State
Treasurer's Local Government Investment Pool, subject to regulatory
oversight by the Oregon Secretary of State and administered by the
Oregon State Treasury.
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1. 1.13 Municipal Bond Index - The rate as published by the State of Oregon
Treasury Department entitled "Oregon Bond Index - Oregon A Rated 20
Year" for the first date after the beginning of the fiscal year. Should said
rate cease to be published, then the Parties shall determine another
comparable index. The date used for determination of the rate may be
modified by the Parties in the event of unusual market circumstances
(such as declaration of war by the United States).
1.1.14 Planning Forecast - the document submitted by the Parties in accordance
with Article 8.2 which shows the Demands of each Party to be imposed on
the Supply Facilities and the Capacity owned or leased by each Party in
such facilities.
1.1.15 Project - The design, permitting and construction of new and expanded
Supply Facilities, as generally described in the City of Lake Oswego and
Tigard Water Service Area Joint Water Supply System Analysis dated
July, 2007 by Carollo Engineers ("Carol16 Report") to provide 32 million
gallons per day capacity by 2016 (the Initial Expansion) with the
capability to further expand up to 38 million gallons (Longterm
Expansion) per day when it appears the water demands of the Parties will
exceed 32 mgd. At the completion of Initial Expansion, the Lake Oswego
allocation shall be 18 million gallons per day and the Tigard allocation
shall be 14 million gallons per day.
1.1.16 Property - Property shall be parcels of real property owned in fee simple,
by easement or other interest over, under or upon which the supply
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Facilities are or will be located as part of the Initial Expansion or Long
Term Expansion. Property currently held by Lake Oswego will remain in
the name of Lake Oswego until completion of the Initial Expansion. Until
completion of the Initial Expansion, Tigard shall have an equitable interest
as if it were a vendee under a land sale contract. Additional properties
acquired as part of the Initial Expansion or the Long Term Expansion shall
be acquired as tenants in common in proportion to the Parties' allocation
of capacity.
1.1.17 Retail Customers - A user within the Party's service area boundary to
which users may be added from time to time by annexation, extra-
territorial extension of service, merger and/or consolidation or by
intergovernmental agreement among the Parties pursuant to ORS 190. A
municipal corporation or other entity, which purchases water for resale,
shall not be considered a Retail Customer.
1.1.18 Service Area - The existing and future service area for each Party as .
identified in the Carollo Report, as set forth on Exhibit 2, and as may be
modified by the Parties or pursuant to Section 1 7.8.3 of this Agreement.
l .1.19 Summer Period - June 1 through October 31.
1.1.20 Supply Facilities - the facilities utilized by the Parties identified in the
Carollo Report consisting of Water Treatment Plant Facilities,
Transmission Facilities, Water Storage Facilities, and other facilities
necessary for treatment and conveyance of potable water to the Parties. A
map of the Supply Facility components is provided in Exhibit 3, which
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exhibit may be updated and revised by resolution of the Parties. The map
is for illustrative purposes only and shall not be considered a legal
description of the Supply Facilities
1. 1.21 Surface Water Rights - those water rights held by Lake Oswego registered
with the State of Oregon Water Resources Department, which allow for
diversion of water for use at the Water Treatment Plant Facilities. The
Surface Water Rights are more fully described in Exhibit 4, which exhibit
may be updated and revised by resolution of the Parties.
1.1.22 Transmission Facilities - the raw water transmission line connecting the
Clackamas River Intake Pump Station to the Water Treatment Plant
Facilities and the finished water transmission line connecting the Water
Treatment Plant Facilities to Lake Oswego's Waluga Reservoir as
identified in the Carollo Report. The Transmission Facilities, ownership
and their agreed value are more fully described in Exhibit 1 which, exhibit
shall be updated and revised by resolution of the Parties.
1.1.23 Water Treatment Plant Facilities - the pumping stations and treatment
plant, which treat raw water and produce potable water for conveyance by
the Transmission Facilities. The Water Treatment Plant Facilities,
ownership, and their agreed value are more fully described in Exhibit 1,
which exhibit shall be updated and revised by resolution of the Parties
within 30 days after the execution of this Agreement, following
completion of an updated appraisal.
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1.1.24 Water Storage Facilities - the existing Waluga Reservoir which receives
potable water from the Water Treatment Plant Facilities as conveyed
through the Finished Water Transmission Facilities and any future
expansion, modification or replacement thereof. The Water Storage
Facilities, ownership, and their agreed value are more fully described in
Exhibit 1, which exhibit shall be updated and revised by resolution of the
Parties.
1. 1.25 Winter Period - November 1 through May 3l .
1.2 Interpretation
In this Agreement, unless a clear contrary intention appears: (a) reference to any
person includes such person's successors and assigns but, if applicable, only if
such successors and assigns are permitted by this Agreement, and reference to a
person in a particular capacity excludes such person in any other capacity; (b)
reference to any gender includes each other gender; (c) reference to any
agreement (including this Agreement), document or instrument means such
agreement, document or instrument as amended, or modified and in effect from
time to time in accordance with the terms thereof and, if applicable, the terms
hereof, (d) reference to any Article, Section, Schedule or Exhibit means such
Article, Section, Schedule or Exhibit to this Agreement, and references in any
Article, Section, Schedule, Exhibit or definition to any clause means such clause
of such Article, Section, Schedule, Exhibit or definition; (e) "hereunder,"
"hereof," "hereto," "herein," and words of similar import are references to this
Agreement as a whole and not to any particular Section or other provision hereof,
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(f) relative to the determination of any period of time, "from" means "from and
including," "to" means "to but excluding" and "through" means "through and
including"; (g)"including" (and with correlative meaning "include") means
including without limiting the generality of any description preceding such term;
(h) reference to any law (including statutes and ordinances) means such law as
amended, modified, codified or reenacted, in whole or in part, and in effect from
time to time, including rules and regulations promulgated hereunder; and (i)
"will" and "shall" are mandatory terms.
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ARTICLE II
WARRANTIES AND REPRESENTATIONS OF THE PARTIES
2.1 Warranties of the Parties
The Parties hereto warrant and represent that they have the legal authority to enter
into this Agreement.
2.2 Approval of the Governing Bodies
The Parties to this Agreement hereby certify that they have undertaken the
necessary public procedures to approve and authorize the signatories to this
Agreement to act on behalf of the Party executing this Agreement.
2.3 Obligation of Good Faith and Fair Dealing
The Parties each covenant to deal fairly and in good faith with the other to fulfill
the covenants and requirements of this Agreement. Tigard has an existing water
supply contract with the City of Portland that expires on July 1, 2016 unless
extended. Costs of water will increase after July 1, 2016, because Portland is
expected to embark on a large-scale capital improvement program and the rate to
wholesale customers will increase to account for this capital construction. Also,
the timing and method of withdrawal after July 1, 2016 will leave Tigard with less
flexibility in extricating itself from the Portland contract. For these reasons,
having the initial expansion project complete by July 1, 2016 is of paramount
importance to Tigard. Lake Oswego recognizes Tigard's circumstances and
agrees it will undertake its best efforts in good faith to meet this schedule for the
initial expansion project.
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ARTICLE III
MANAGEMENT
3.1 Managing Agency
Lake Oswego shall be the Managing Agency to manage the operation,
maintenance, repair and replacement of the existing Supply Facilities and to
manage the planning, design and construction of the Initial Expansion of the
Project. Lake Oswego shall be the contracting agency with consultants and
contractors, and the named party on permits required from local, state, and federal
regulatory agencies. Lake Oswego shall have the power to a) approve contracts
and change orders subject to its purchasing rules, b) take such actions reasonably
necessary during an emergency and c) other such powers as may be granted by
the Parties from time to time. Lake Oswego shall be responsible for conducting
the day-to-day business affairs including: payment of invoices, accounting,
budgeting, operation and maintenance of the Supply Facilities, planning, project
management, maintaining records, and other such duties as required. Tigard shall
pay its share of costs in accord with the terms and conditions of this Agreement.
3.2 Technical Committee
Each Party shall appoint two technical representatives to meet at intervals deemed
appropriate for communication and coordination, and to keep the Project on
schedule. The Technical Committee shall review all methods of contracting,
requests for proposals, contracts, value engineering, designs, permit applications
and costs. The Technical Committee will endeavor in good faith to make
recommendations to the Managing Agency or Oversight Committee as the
Technical Committee deems appropriate or where required by this Agreement. If
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the Technical Committee cannot agree on a recommendation and is at impasse,
the matter will be referred to the Oversight Committee. The Technical
Committee must review and recommend to the Oversight Committee any
proposal by Lake Oswego to retain an outside project manager.
3.3 Oversight Committee
Lake Oswego and Tigard shall each appoint two persons to the Oversight
Committee. The members shall serve at the pleasure of the appointing Council.
The Committee shall meet as deemed necessary by the Managing Agency -or
Technical Committee to keep the Project on schedule, but in no event less often
than quarterly. The Oversight Committee shall review and the individual
members of the committee shall present to their respective Councils proposed
projects as identified in the Carollo Report or other proposed projects and related
matters and budgets or funding requests. The Oversight Committee will endeavor
in good faith to make recommendations to the Managing Agency or to the City
Councils as the Oversight Committee deems appropriate or where required by this
Agreement. If the Oversight Committee cannot agree by majority, then the tie
vote shall be deemed a no vote so that no recommendation is made. The
respective City Councils will then consider and vote on the matter. The Oversight
Committee must review and approve any proposal to retain an outside project
manager. Nothing herein shall be deemed a waiver of a Party's right to submit
these matters to Dispute Resolution under Article XIV. The Managing Agency
shall be responsible to staff and assist the Oversight Committee to comply with
public meetings law and notice requirements as necessary.
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3.4 Budgeting and Accounting
The Managing Agency shall prepare a budget specific to the capital and operating
needs of the Supply Facilities for each Fiscal Year. The budget shall include an
estimate of direct and indirect costs of personnel from either Party who are
anticipated to provide services as part of the ultimately approved budget. A draft
budget shall be prepared and distributed to the Technical Committee by March 1St
for comment. A draft budget shall be prepared and distributed by the Managing
Agency to the Oversight Committee by April 30th. The final budget must receive
approval by each Party by June 30th. If any Party uses a biennial budget cycle, the
dates above shall remain the same for the applicable budget preparation year and
that Party shall update the budget amounts anticipated for the off year for the
benefit of the other Party's budget process.
Each Party's proportionate share of the expenses of operation and maintenance of
the Supply Facilities, including reserves for repair and replacements, permitting,
design and construction and other expenses as may be incurred, shall be
estimated, and set forth in the annual budget, and the amount estimated shall be
recommended to be included as operating expenses, in each Party's individual
adopted budget. If the budget includes accumulation of funds designated for a
particular purpose or future use, such amounts shall be accumulated in a restricted
or earmarked fund. The Managing Agency shall maintain an independent budget
control procedure and provide budget reports at least quarterly to each of the
Parties not later than 30 days after the end of each quarter. This report shall show
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expenditures and receipts by budget item for each transaction through the last
working day of the preceding quarter.
3.5 Asset Management Program
Within one year following substantial completion of the Initial Expansion, the
Managing Agency shall create a thorough inventory all of the assets associated
with the Supply Facilities, including physical facilities and real estate holdings.
The inventory shall describe the current conditions of these Supply Facilities,
their current value (replacement cost less depreciation), and repairs and
replacements that may be necessary. The inventory shall include a schedule for
repairs and replacement. The Technical Committee may propose policies to the
Oversight Committee that guide, schedule and fund the repair and replacement of
the assets and suggest amendments to the Supply Facilities Capital Improvement
Program. The Oversight Committee shall then forward the draft inventory, any
proposed policies and amendments to the Supply Facilities Capital Improvement
Program to the Council of each Party for its approval. The program and policies
shall be based on prudent utility practices and industry standards. Annually, the
inventory shall be reviewed for additions and deletions.
3.6 Council Decisions
Approval by the Councils of each Party is required for:
3.6.1 Any sale, transfer, lease, exchange, or other disposition of any Property
over, under, or upon Supply Facilities are located;
3.6.2 Entry to any mortgage, pledge, encumbrance or refinance of the Property
or Supply Facilities;
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3.6.3 Approval of any budget;
3.6.4 Approval of any nonemergency expenditure by the Managing Agency that
has not previously been approved and budgeted and that exceeds the
Managing Agency's authority under its purchasing rules to make the
expenditure without the approval of its Council, or a capital improvement
project not listed on the Supply Facilities Capital Improvement Program.
If a capital improvement project has been budgeted and is part of the
supply Facilities Capital Improvement Program, the Managing Agency
shall be authorized to contract for all work necessarily related to deliver a
complete and functioning project;
3.6.5 Approval of any decision to burden the Property or Supply Facilities with
additional easements, licenses, or other encumbrances or to use the
property for non-water related purposes.
3.6.6 Approval of any decision to change the use or the operation of the
Property or Supply Facilities beyond adopted operational protocols;
3.6.7 Approval of the Initial Expansion or Long Term Expansion;
3.6.8 Approval of amendment of the Agreement to allow a new Party to join;
3.6.9 Approval of modification, alteration or dissolution of this Agreement;
3.6.10 Approval of a Supply Facilities Capital Improvement Program and
amendments. When adopted, it will become Exhibit 5 and made part of
this Agreement.
3.7 Use of Employees
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To the extent that any Party uses its own employees in the performance of its
duties under this Agreement, that entity shall be responsible for complying with
all applicable state and federal laws and for all employment related benefits and
deductions, workers' compensation premiums and pension contributions.
Decisions regarding employees shall be the sole responsibility of the Party who
employs him or her.
3.8 Audit, Record Keeping; Access to Records
The Managing Agency shall cause an annual audit to be conducted pursuant to the
requirements of ORS 207.425, 297.455, 297.465 and 297.466. The Managing
Agency shall maintain its books and records in such manner that the Supply
Facilities and expenditures related thereto are separately stated and capable of
review without being combined or mixed with the nonsupply facility assets.
The Managing Agency shall maintain all fiscal records relating to the Supply
Facilities and Project in accordance with generally accepted accounting
principles. In addition, the Managing Agency shall maintain any other records
pertinent to the Supply Facilities and Project in such a manner as to clearly
document the Managing Agency's performance hereunder. All such fiscal
records, books, documents, papers, plans, and writings shall be retained by the
Managing Agency and kept accessible as required by law.
The Managing Agency agrees that the other Party and its authorized
representatives shall have access to all books, documents, papers and records of
the Managing Agency which are directly related to the Supply Facilities and
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Project for the purpose of making any audit, examination, copies, excerpts and
transcripts.
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ARTICLE IV
SYSTEM OWNERSHIP; ALLOCATION OF CAPACITY
4.1 System Ownership
Upon execution of this Agreement, Tigard shall pay Two Million twenty five
Thousand, Three Hundred Sixty-One Dollars ($2,025,361.00) or such amount
based on the valuation analysis set forth in Exhibits 1 and 6 to Lake Oswego,
which Lake Oswego agrees to dedicate as working capital to the Project. Upon
payment, Tigard shall be granted by this Agreement an equitable interest in the
Supply Facilities as if it were a vendee under a land sale contract. Title shall
transfer upon completion of the Initial Expansion of the existing Supply Facilities.
The Parties shall each then own undivided interests in the Supply Facilities and
Property. Such ownership shall be a percentage ownership in the Supply
Facilities component as set forth in the exhibits in this Agreement. At the time of
execution of this Agreement, the existing assets shall be valued as shown on
Exhibit 1 and the contributing partner shall receive a credit for the asset value. If
the current appraisals of the assets are not available at the time of execution of
this Agreement, the Councils shall approve amendments to the exhibits to reflect
updated valuation information when received and Tigard shall pay the difference
to Lake Oswego as provided above. If the Initial Expansion is not constructed,
Lake Oswego shall refund the amount of Tigard's payment to Lake Oswego plus
interest at the LGIP rate within 30 days of the decision to abandon the Project and
Tigard shall have no further ownership or equitable interest in the Lake Oswego
Supply Facilities and Property. Tigard will execute any document required by
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Lake Oswego to convey any interest Tigard may have in Lake Oswego Supply
Facilities and Property.
Tigard's purchase of its percentage share of the Supply Facility assets shall be by
capital contribution, mutually approved in kind contributions or payment of
design, permitting and construction costs for the system expansion so that upon
completion of the Initial Expansion, Tigard's contribution shall equal its
percentage ownership as shown in Exhibit 7. Lake Oswego's percentage as
shown in Exhibit 7 is based on its contributed assets, financial contribution to the
Initial Expansion, mutually approved in kind contributions and other mutually
agreed factors.
4.2 Anticipated Ownership
At the completion of the Initial Expansion, the Parties' percentage ownership
shall be allocated as set forth on Exhibit7, attached hereto and incorporated by
reference.
4.3 Allocation of Capacity
At the completion of the Initial Expansion, Tigard's allocation of Capacity shall
be 14 million gallons of water per day, and Lake Oswego's allocation of Capacity
shall be 18 million gallons per day.
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ARTICLE V
PROPERTY; CREATION OF TENANCY IN COMMON
5.1 Creation of Common Ownership
Title to or easement rights to all properties over, under or upon which Supply
Facilities are or shall be located (Property) shall remain in the name of Lake
Oswego until the completion of the Initial Expansion. Tigard shall have an
equitable interest as if it were a vendee under a land sale contract. Within 90 days
following completion of the Initial Expansion, Lake Oswego will, by Warranty
Deed, convey to Tigard an undivided proportionate interest as tenant in common
in the Property as set forth on Exhibit 7, attached hereto and incorporated by
reference. The Parties agree the Property owned by Lake Oswego as of the date
of this Agreement shall be valued in 2008 dollars. Property acquired after the
date of this Agreement shall be acquired proportional to the Parties' respective
allocations of Capacity, according to the purchase price paid. Closing costs for
the Lake Oswego transfer to Tigard shall be shared equally.
5.2 Ownership Interest/Use
5.2.1 Title to the Property held in the name of Lake Oswego until transfer shall
be held in part for the use and benefit of Tigard to the extent of Tigard's
interest as set forth in this Agreement. Lake Oswego water rights shall not
be transferred under any of the real property transfers. Upon transfer, title
to the Property shall be held in the name of each of the Parties in their
respective undivided interest. The Parties agree that except as provided
herein, the Property is dedicated for water supply purposes. The Parties
intend that their relationship, with respect to the Property, be a tenancy in
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common. A Tenancy in Common Agreement shall be executed and
recorded at the time of transfer.
5.2.2 The Parties' responsibility for all maintenance, insurance and other land
costs, shall be:
5.2.2.1 Until completion of the Initial Expansion and transfer of an undivided
interest to Tigard, the existing Supply Facilities shall be used by Lake
Oswego at its sole risk and cost to accommodate water supply uses.
5.2.2.2 Following transfer, Lake Oswego and Tigard shall be responsible for all
costs related to the Property in proportion to their respective interests as
set forth on Exhibit 7. Such costs shall be included in the monthly
invoices under Section 7.1.4.
5.3 Covenant
The Parties declare that the Property is and shall be held, conveyed, hypothecated,
encumbered, leased, rented, occupied and improved subject to the limitations,
restrictions, covenants and conditions set forth in this Agreement, all of which are
declared to be in furtherance of a plan established for the purpose of constructing
and operating the Supply Facilities. All such limitations, restrictions, covenants
and conditions are intended to run with the Property, and to inure to the benefit of
and be binding upon all parties having or acquiring any right, title, interest or
estate therein. Other incidental uses shall be limited or restricted to the extent
they conflict with water supply purposes.
5.4 Partition
Following transfer and so long as this Agreement is in effect, no Party shall seek
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or obtain through any legal proceedings a judicial partition of the Property or sale
of the Property in lieu of partition, without the prior written consent of the other
Party.
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ARTICLE VI
DESIGN AND CONSTRUCTION OF SUPPLY FACILITIES
6.1 Preliminary Planning and Design
Tigard and Lake Oswego, by this Agreement, commit to design and construct the
Initial Expansion, which shall include initially Water Treatment Plant, Clackamas
River Intake Pump Station and Transmission Facilities with a design capacity of
32 mgd as generally described in the plan prepared by Carollo Engineers
("Carollo") dated July, 2007, and to achieve completion by July 1, 2016,
immediately commencer
6.1.1 Participation in necessary joint planning sessions for the Supply Facilities;
6.1.2 Contribution of their proportionate share of costs of preliminary design,
preliminary engineering, permitting, and other fees as necessary and as set
forth on Exhibit 7, attached hereto and incorporated by reference. The
Supply Facilities shall accommodate subsequent expansion up to 38 mgd
(Long Term Expansion). The general configuration map of the Property
attached to the Agreement as Exhibit 3 shall allow the Parties to expand
the treatment plant in the future. Lake Oswego shall retain a project team
for permitting, design, and construction management of the Initial
Expansion of the Supply Facilities.
6.2 Permit Applications
Lake Oswego, as the Managing Agency, shall be the lead agency in negotiating
required permits for construction of the Supply Facilities.
6.2.1 Lake Oswego shall be responsible to obtain all other permits such as:
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6.2:1.1 Section 404 Permits under the Clean Water Act through the Division of
State Lands and the Corps of Engineers;
6.2.1.2 Any permit necessary from the Oregon Division of State Lands for use of
submerged or submersible lands for intake and transmission, if that is in
addition to the 404 Permit;
6.2.1.3 Any permit with the Water Resources Department regarding permit
extension, amendment of a Water Management and Conservation Plan, or
application of water to beneficial use in the Service Areas identified in the
Carollo Report;
6.2.1.4 Any permit necessary from the Oregon Department of Fish & Wildlife, the
United States Department of Fish & Wildlife or the National Marine
Fisheries Service through consultation; and
6.2.1.5 Any other permit required for the project.
6.2.2 Lake Oswego shall be responsible for obtaining necessary land
development permits. The Parties agree that improvements imposed by
the land use permitting body shall be a Project cost. Additional amenities
not required by the land use permitting body shall be paid for at the sole
expense of the party requesting them. Lake Oswego, in its proprietary
capacity, further agrees to, in good faith, assist and support Tigard in its
efforts to secure the issuance of all permits for pumping and transmission
facilities from locations within the Lake Oswego City limits and to enable
Tigard to provide water from the Supply Facilities to Tigard users. The
Parties acknowledge, however, that this Agreement cannot bind Lake
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Oswego with relation to acts or decisions occurring in its regulatory
authority, including, without limitation, the exercise of its regulatory
authority to issue permits.
6.3 Construction
6.3.1 Project Management. During construction, Lake Oswego will, as
Managing Agency, convene the Technical Committee at least bi-weekly to
review project schedules and performance, progress payment requests,
change orders and punch list items. Tigard may attend all contractor and
consultant meetings.
6.3.2 Progress Payments. Progress payments, during design and construction,
shall be billed monthly by Lake Oswego according to the proportionate
allocation of system improvement costs for individual components of the
Supply Facilities as set forth on Exhibit 7. For a construction contract or
contract that materially includes construction within its scope that is
included in the Supply Facilities Capital Improvement Program and
approved budget, the Managing Agency may award such agreements after
giving prior notice to each Council of the Project Engineer's estimate.
Contracts not within the foregoing description or where the bid or
proposed price exceeds the Engineer's estimate by 10% may not proceed
unless each Council has approved. Within 30 days of invoice from Lake
Oswego, Tigard shall remit the amount due, unless disputed. Any
disputed amount shall be resolved in accordance with the Dispute
Resolution Procedures of Article 14 below. However, notwithstanding the
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foregoing, during construction no dispute between the Parties shall cause
cessation or delay of work by the contractor. If the contractor threatens to
suspend or terminate work because of a dispute over nonpayment, the
Parties hereto agree to make such payments to Lake Oswego to resolve
contractor issues and shall expressly reserve all rights regarding the
ultimate allocation of costs or obligations paid to the contractor which
shall be resolved by dispute resolution.
6.3.3 Post Construction. Following construction, the Technical Committee
shall meet as needed to review and recommend to the governing bodies on
matters related to warranty or other contract performance issues.
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ARTICLE VII
OPERATION AND MANAGEMENT
7.1 Supply Facilities
7. 1.1 Management. Lake Oswego shall have responsibility as Managing
Agency to manage, operate, repair and replace the Supply Facilities until
such time as the Parties agree otherwise. The Managing Agency may
perform work with its own forces and charge the other Party therefore or
by contract with another party. Additional work or charges outside the
approved budget shall require unanimous consent of the Parties.
7.1.2 Operation and Maintenance Costs. The costs of operation and
maintenance shall be allocated between the Parties according to water
delivered from the water treatment plant to each Party's connection point
to their distribution systems measured in hundred cubic feet (ccf) imposed
on the Supply Facilities multiplied by the operations and maintenance
expense rate in $/ccf. The method for calculating the rate and water use
determination of payment shall be agreed to by the Councils based on the
budget and anticipated water use considering the previous 12 months'
water use.
For the first year when Tigard draws water, the Parties will not have prior
usage data from Tigard's use of the Supply Facilities. Therefore, the
Parties agree that an estimated cost per ccf shall be determined based upon
the budget and applied to all Tigard volumes with invoice on a monthly
basis. At the end of the first year, actual unit costs will be calculated and
reconciled as set forth in 7.1.4.
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7.1.3 Renewal, Repair and Replacement Costs. The Parties shall budget for
renewal, repair and replacement costs as provided in Section 3.4. The
Parties shall make those payments as required for renewals, repair and
replacement proportional to that Party's ownership interest in the Supply
Facility component.
7.1.4 Billing and Payment. Each Party shall receive an invoice monthly from
the Managing Agency representing one-twelfth of the allocated operations
and maintenance budget amount for that Party. The invoice may also
include required payments for renewal, repair, and replacement under
Section 7.1.3 or the Managing Agency may send a separate invoice.
Payment is due to the Managing Agency within 30 days of receipt of the
invoice. On March 1St of each year, the Managing Agency will send an
invoice calculating actual water usage as compared to estimated
annualized expenditures in the budget and reconcile them. The respective
Parties will pay (or receive credit for overpayment toward the next
invoice) based upon this reconciliation. As soon as reasonably possible
after June 30th of each year, the Managing Agency will conduct a similar
reconciliation and the Parties will pay or receive credit for overpayment as
appropriate on the next invoice in the new fiscal year.
7.2 Property Mana eg ment.
The Parties agree that the property over, under, or upon which the Supply
Facilities are constructed shall be operated and managed as follows:
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7.2.1 Duties of the Managing Agency. The Managing Agency shall have the
responsibility and authority to perform the following functions and may
make decisions with respect to such matters as to the Property unless
otherwise provided in this Agreement,
7.2.1.1 Operation, Maintenance, Repair, and Replacement. To contract for
maintenance, repair and cleaning of the Property pursuant to an
approved budget, contract, or other approval of the Parties as may be
required by the terms of the Agreement.
7.2.1.2 Insurance. To obtain or renew a policy of property insurance insuring
the Property against loss or damage by fire and other hazards covered by
a standard policy of fire insurance with extended coverage endorsements
written for the full replacement value of the Property. The Parties shall
also obtain or renew a policy or policies of public liability and property
damage insurance with a single limit of not less than $2,000,000. The
policies shall name the Parties as co-insureds.
7.2.1.3 Assessments. To collect and deposit the assessments and other charges
due from the Parties into an account established for the Property; to mail
written notice to any Party who is more than 30 days delinquent in
payment of any assessments or charges; and to mail written notice to the
Parties for additional assessments whenever it appears that the funds on
hand shall be insufficient to cover future expenses.
7.2.1.4 Payment of Expenses. To pay when due the expenses of the Property,
and all other expenses or payments duly authorized by the Parties.
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T2.1.5 Records. To maintain complete and accurate records of all receipts and
expenditures for the Parties.
7.2.1.6 Reimbursement of Expenses. Unless approved in writing by the
Oversight Committee, no Party shall be compensated for services related
to nonbudgeted matters where contingency or other funds in the
approved budget are available. Otherwise, approval by each Council is
required. However, a Party shall be reimbursed for out-of-pocket
expenses.
7.2.1.7 Payment of Costs. Amounts owed by each Party for expenses related to
the Property shall be invoiced as provided in Section 7.1.4.
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ARTICLE VIII
SUPPLY FACILITIES
8.1 Use of Supply Facilities
The Parties shall each use the Supply Facilities in a manner consistent with
prudent water utility practices and to minimize interference with each other's use
of its respective share of Capacity to meet its demands. Prudent practices shall
include a mutual commitment to conservation and use of water without waste
implemented in each Party's Water Management and Conservation Plan. When
the Initial Expansion is completed and the Parties are using the Supply Facilities,
the Parties anticipate that instances of overuse of Capacity by a Party will be rare
and the Parties shall resolve such instances on a case-by-case basis. If a new
member is added or if a third party is supplied by the Supply Facilities so that
additional demands or capacity are placed thereon, then, unless caused by system
operation conditions not caused by the overusing party, any use of 10% or greater
by either Party (or third party user) than its share of Capacity for two consecutive
years or three out of five years shall be overuse. The overusing Party (or third
party user) shall compensate the other party at a lease rate as may be fairly and
equitably agreed upon by the parties. In lieu of the above lease rate or in
combination with it, the Parties may agree to construct the Long Term Expansion
of the Project or reduce demand so that overuse shall cease to occur.
8.2 Mutual Forecast Submittal
In order to make timely, reasonable and prudent judgments concerning meeting
respective demands for capacity, the need to lease capacity, the ability to lease
capacity, and the terms and conditions of any such Lease, the Parties shall each
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submit to the other commencing February 1, 2016 and February 1 of each fifth
year thereafter, a 10-year planning forecast. The planning forecast shall set forth
the respective projected water demands, capacity to serve that demand, and
identify any deficiencies in capacity by year for the 10-year period. Demand shall
include any sale of water from capacity agreed to or reasonably anticipated within
the ten-year time frame. The capacity requirement for the Supply Facilities shall
consist of the average of five consecutive days containing the highest average
peak day demands (mgd) imposed by the Parties, for the summer period of May
15 to October 31. The Parties shall agree on an appropriate course of action as
they deem reasonably available and prudent, under the forecasted circumstances,
including, but not limited to, leasing capacity from one to the other, both within
and without the timeframe of such planning forecasts.
8.3 Surface Water Rights
Surface Water Rights shall remain in the name of Lake Oswego. By execution of
this Agreement, Lake Oswego agrees to hold these permits or certificates for the
benefit of Tigard and Lake Oswego to the extent of the rights of each under this
Agreement. Development and beneficial use by the Parties of water authorized in
the Surface Water Rights of Lake Oswego, but undeveloped as of the date of this
Agreement, shall accrue to the benefit of all Parties, to the extent of their rights
under this Agreement, without regard to ownership.
8.4 Water Treatment Plant Facilities
Except during a curtailment event for any reason, each Party shall have or obtain
Capacity in the Water Treatment Plant Facilities, to serve the Demand of the Party
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during the Summer Period and the Winter Period up to the respective allocations.
The Capacity requirement for Water Treatment Plant Facilities shall consist of the
average of the five (5) consecutive days containing the peak day demand (mgd)
imposed on the Supply Facilities by the Party for each Summer Period and Winter
Period. Capacity in the Water Treatment Plant Facilities may be obtained by
purchase of excess existing Capacity, capacity expansion of the Water Treatment
Plant Facilities and/or leasing of Capacity from another Party.
8.5 Transmission System
The Parties agree to maximize the use of the existing Transmission System for
the benefit of the Parties before construction of new transmission facilities.
The Parties have agreed on connection points for delivery of water from the
Transmission System as set forth in Exhibit 3, which exhibit may be updated and
revised by resolution of each Party's Council. To the extent that a Party needs
additional Capacity in the Transmission System, the Parties agree to sell or lease
available Capacity in the Transmission System prior to construction of new
transmission facilities. When expansion of the Transmission System is required,
the Parties shall follow the procedures as set forth in Article 9.
8.6 Finished Water Storage
The Parties agree to construct shared storage facilities where efficient and
economic for both Parties. Notwithstanding this provision, each Party shall
construct and operate separate adequate finished water storage within its
distribution system to meet their respective operating and emergency conditions
as set forth in the Operations Manual as required under Article 12. To the extent
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that a Party cannot do so, it may make a request to the other Party for
supplemental storage. If the Party providing supplemental storage agrees to
provide such storage, then the Party receiving such supplemental storage shall
compensate the other Party as mutually agreed.
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ARTICLE IX
EXPANSION RIGHTS AND REQUIREMENTS
9.1 Expansion Requirements
The Parties agree that use of the Supply Facilities by the Parties should be
accomplished first by utilizing the Capacity in the Supply Facilities to serve the
needs of the Parties. The Supply Facilities should be expanded only after the
Parties are projected to be using all Capacity, within a reasonable planning
horizon or at such other times as the Parties deem appropriate. In determining the
appropriate time to begin expansion of the Supply Facilities, the Parties shall
consider the time required to provide for environmental reviews, design, permits
and construction. Therefore, the Parties agree to lease Capacity to another Party
as provided for in Article 10 to reasonably and prudently defer capital
improvements and costs thereof.
9.2 New Surface Water Rights and Expansion
The Parties agree that finding opportunities to acquire new water rights (surface
or ground) may be of great significance to their long range needs. This may
include the purchase of existing Surface or Ground Water Rights or application
for permits for surface, ground or stored water rights. The Parties agree that new
sources shall be acquired jointly in proportion to the Party's ownership interest in
the Supply Facilities. If a Party elects not to participate in the acquisition of
additional water, the other Party may proceed individually.
9.3 Expansion Rights in the Supply Facilities
The Parties shall use reasonable and prudent utility standards in determining as to
when and to what size the Supply Facilities should be expanded. Such
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determination shall take into consideration the Demand requested by the Parties,
the Capacity of the Water Supply Facilities, prudent utility planning standards and
the available Surface Water Rights, and Transmission System owned or capable
of being leased or expanded by the Parties. Based on the Planning Forecast of
Section 8.2, a Party shall. provide written notice to the other Party of its desire to
expand the Supply Facilities. The Parties shall place the proposed project on the
Capital Improvement Program. The intent of the Parties is to place the proposed
project on the CIP for a period of five years. In the third year of the CIP, the
Parties shall each decide whether to accept or reject participation in the
expansion. Notice by a Party to participate in an expansion shall be in writing and
specify the percent participation in the expansion. Each Party shall have the right
to participate in the expansion in at least the same percentage level as the Party's
percent ownership in the Supply Facilities at the time of the proposed expansion.
A party may proceed individually if the other elects not to participate so long as
the non-participating Party is held harmless from financial obligation.
9.3.1 Long Term Expansion of Water Treatment Plant. Notwithstanding Section
9.3 on expansion of the Supply Facilities, the Parties recognize that Lake
Oswego has or will contribute to design and construction of Supply Facility
components to achieve capacity of up to 38 mgd. If either Party proposes
such Long Term Expansion of the Treatment Plant, Lake Oswego will
determine if it wishes to participate and the amount of Capacity it desires,
which may be the entire expansion amount. Lake Oswego will notify Tigard
of its decision, which shall be conclusive. Depending upon Lake Oswego's
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decision, the Parties will then negotiate a Project Agreement for the Long
Term Expansion, which shall specify, among other things,
a. whether all or any portion of the expanded capacity is sold to
Tigard; or
b. whether Lake Oswego builds the expanded capacity with its funds
and leases the capacity to Tigard upon such terms and conditions as the
Parties agree; or
c. whether Tigard builds the expanded capacity with its funds subject
to Lake Oswego's option to buy back all or part of the expanded capacity
upon three years' written notice at the depreciated replacement cost of the
expansion plus interest at the Municipal Bond Index from the date of
substantial completion; and
d. Such other mutually agreeable terms including adjustment of
ownership interests in other Supply Facility components to match
treatment plant capacity allocations of the Parties.
9.4 Other Assets
There may arise other improvements which do not directly in and of themselves,
provide for expansion of the Supply Facilities. In such circumstances, the Parties
shall mutually determine the appropriate financial participation by each of the
Parties. They shall consider the purpose for the construction of the asset and the
benefits to be received by each of the Parties from the asset in determining the
financial participation requirement of each. A party may proceed individually if
the other elects not to participate so long as the non-participating Party is held
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harmless from financial obligation.
9.5 Bonita Road Pump Station
Tigard's Bonita Road Pump Station is or will be capable of providing water from
Tigard to Lake Oswego if necessary. The Parties acknowledge this is beneficial
to Lake Oswego in those circumstances, but the frequency is difficult to predict.
If this Pump Station is used for the benefit of Lake Oswego as the Parties agree,
Lake Oswego shall pay Tigard's costs to supply water, including Tigard's costs to
purchase water from other entities, as if it were a short-term lease. Tigard will
invoice Lake Oswego on a monthly basis in such circumstances.
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ARTICLE X
LEASING
10.1 Leasing
As provided for in Article 8, the Parties shall lease to the other Capacity in the
Surface Water Rights and Supply Facilities to the extent available according to
the planning forecast.
10.2 Purpose
The purpose of this Article is to acknowledge the rights of the Parties to lease
from each other the unused portion of their respective 14 mgd and 18 mgd
allocations of the total 32 mgd Capacity of Initial Expansion to be constructed, to
establish the conditions under which such leasing may occur and to acknowledge
the right to lease future capacity from each other based on future expansion of the
Supply Facilities depending upon conditions and circumstances then and there
existing and when future shares of capacities are known. This section is not
intended to limit the Parties from otherwise agreeing on leasing of supply capacity
to each other. If the Supply Facilities are expanded to 38 mgd, these lease
provisions shall apply to the second increment of capital improvement.
10.3 Right to Lease
Lake Oswego shall have the right to lease to Tigard and Tigard to lease from Lake
Oswego such unused capacity of its 18 mgd as may be determined by Lake
Oswego to be reasonably available and prudent to be leased to Tigard pursuant to
section 8.2 or as they may otherwise agree. Tigard shall have the right to lease to
Lake Oswego and Lake Oswego to lease from Tigard the unused capacity portion
of its 14 mgd capacity as may be determined by Tigard to be reasonably available
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and prudent to be leased to Lake Oswego pursuant to section 8.2 or as they may
otherwise agree.
10.4 Term
The term of any lease for Supply Facilities shall be for a minimum of one (1) year
and a maximum of ten (10) years and upon such conditions for renewal as the
Parties determine. A lease shall be a short-term measure that allows the Parties to
defer expansion or new construction of Supply Facility components and to
provide Parties with a near-term stable planning horizon. The Parties do not
intend to have perpetual renewal terms.
10.5 Lease Payments
The lease payment for Supply Facilities shall be determined by utilizing the
Depreciated Replacement Cost Value of the asset amortized over the remaining
Book Depreciation Life of the asset at an interest rate equal to the Municipal
Bond Index rate plus 200 Basis Points at the year of the lease payment or a
comparable index. The lease payment shall be fixed for lease terms of five (5)
years or less. For lease terms of greater than five (5) years, the lease payment
shall be recalculated every five (5) years in accordance with this Section 10.4.
10.6 Effective Date of Leases
The effective date for leases set forth in this Article 10 shall be on April 1,
following the adoption of this Agreement and every April 1, thereafter.
10.7 Curtailment of Leasing Capacity
The Parties agree that a condition of any lease shall be that the lessee Party shall
be provided Capacity to the same extent that Capacity is available to serve the
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lessor Party's Demand. Curtailment of Capacity resulting from reduced
availability of water for all new water supplies developed after the effective date
of this Agreement shall be shared equally among the parties.
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ARTICLE XI
SALES TO OTHERS
Except for the Existing Wholesale Customers, existing mutual aid agreement, or
extension of service to service areas identified in the Carollo Report, neither Party may
contract for the sale or use of the Supply Facilities to any other entity or person who is
not a Retail Customer of any Party without the approval of the other Party and
compliance with the terms of this Agreement. Any revenues derived from the sale of
water to another entity shall be paid to the Managing Agency. Net proceeds from such
sales shall be credited back to the Parties based on a method as mutually agreed. Net
proceeds shall be those proceeds remaining after expenses, renewals and replacements
and contingencies are paid.
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ARTICLE XII
OPERATIONS MANUAL
12.1 Operations Manual
Not later than 180 days from the date of Substantial Completion of the Initial
Expansion, the Parties shall adopt an Operations Manual for the Supply Facilities,
which shall include, but not be limited to, agreed protocols and methodology to
provide for water quality, treatment standards and protocols, and for the equitable,
effective and efficient operation of the Supply Facilities in accordance with
generally accepted utility practices regarding the operation, management, capital
improvements, and expansion of all aspects of the Supply Facilities. The
Operations Manual may be updated as required. The Operations Manual shall
also provide for an Operations Committee ("Operations Committee"), which shall
consist of one designee of each of the Parties, as set forth in Section 12.2 below.
Not more than 30 days after substantial completion of the Initial Expansion each
Party shall appoint one person to develop the Operations Manual.
12.2 Operations Committee
Each Party shall appoint at least one person technically knowledgeable in utility
system operations or engineering to the Operations. Committee. A Party may
allow other attendees, but in no event shall a Party have more than one vote in
making a recommendation to the Oversight Committee created under Section 3.3.
The Operations Committee shall report to the Oversight Committee not less often
than quarterly. The Parties may choose to designate the Technical Committee as
the Operations Committee.
12.3 Curtailment
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The Operations Manual shall reference each Party's Water Management and
Conservation Plan. The Parties agree that if an emergency or water shortage
requires restriction on the deliverable supply of new Capacity developed after the
effective date of this Agreement , the reduction in available water shall be shared
equally among the Parties.
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ARTICLE XIII
WITHDRAWAL, TERMINATION OF MEMBERSHIP, SALE OF
ASSETS AND DISSOLUTION
13.1 Complete or Partial Termination of Interest
Any Party may elect to terminate all or part of its participation in this Agreement
and withdraw from the Supply Facilities as designated (full or partial) by giving
written notice of its desire to terminate to the remaining Party(ies), and stating a
date for termination which shall be not less than two (2) years from the date of
notice. The remaining Party receiving notice of termination shall have the first
option to purchase the terminating interest. If Tigard terminates in whole or in
part, the purchase price shall not include any value for water as those water rights
remain with Lake Oswego. If Tigard completely terminates from this Agreement,
it shall not receive water unless Lake Oswego agrees in writing. If Tigard
partially terminates, its 14 mgd capacity shall be adjusted to reflect its retained,
proportionate interest. The Parties shall meet for the purpose of establishing the
price for the terminated interest. The meeting shall be held within 90 days
following receipt of notice of termination.
Notice to the selling Party of the other Party's intent to buy all or a portion of the
terminating interest shall be given no later than three (3) months after receipt of
the written notice of the Party's desire to terminate. If the remaining Party
purchases less than the full portion of the terminating interest, the Parties also
agree that any unpurchased interest may be sold to another local government party
so long as that other local government party becomes subject to all terms and
conditions of this Agreement. The terminating Party shall use best efforts to find
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another local government partner to buy the remaining unpurchased interest or to
assign or lease capacity so as not to unduly burden the remaining party. Consent
by the remaining Party for another local government party to purchase, take
assignment or lease the Supply Facilities to this Agreement shall not be
unreasonably withheld. Any assignment or lease of an unpurchased interest to
another local government shall not relieve the Party from its obligations under this
Agreement. Negotiations of the terms of sale, assignment or lease to another
local government Party shall include the non-terminating Party as to those terms
which directly impact its operational and financial interest.
13.2 Sale of Assets
A Party may offer to sell to the other Party its ownership interest in an identified
portion of the Supply Facilities (e.g., a percent of the Transmission System).
Notice of the proposed sale shall be given to the other Party by the Party wishing
to sell. Such notice shall specify the material terms and conditions of the sale.
The terms and conditions of Section 13.1 shall apply. The Party may also assign
or lease the unpurchased interest to another local government Party. Consent to
such assignment or lease shall not be unreasonably withheld or relieve the Party
from its obligations under this Agreement.
13.3 Valuation of Interest
The Parties shall meet to agree upon a price within 90 days of the receipt of notice
under Sections 13.1 or 13.2. The price shall be fixed by determining the
terminating/selling Party's interest in the subject assets using the Depreciated
Replacement Cost Value. Nothing herein shall prevent the Parties from agreeing
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upon a price through negotiation and unanimous consent. Sales, assignments or
leases to third parties are not subject to the valuation formula of this Section.
13.4 Pa_ n
The payment price for the subject interest shall be paid in full on the date of
termination set forth in the notice of intent to terminate/sell or award of arbitration
or court. Interest shall commence to accrue from the date of agreement arbitration
or judgment at the Local Government Investment Pool rate. If a Party fails to pay
the purchase price in full at the date of termination, then the terminating/selling
Party shall have the right to sell or transfer or assign the subject interest to any
other government entity as provided in Section 13.1 or 13.2.
13.5 Default and For Cause Termination
The failure of a Party to perform any duty imposed upon it by this Agreement
shall constitute a default. The non-defaulting Party shall have the right to give the
defaulting Party a written notice of default, which shall describe the default in
reasonable detail and state the date by which the default must be cured, which
date shall be at least 60 days after receipt of the notice of default, except in the
case of a failure to advance funds, in which case the date shall be 30 days after
receipt of the notice of default.
13.5.1 Opportunity to Cure. If within the applicable period described in Section 13.5
the defaulting Party cures the default, or if the failure is one (other than the
failure to make payments) that cannot in good faith be corrected within such
period and the defaulting Party begins to correct the default within the
applicable period and continues corrective efforts with reasonable diligence
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until a cure is effected, the notice of default shall be inoperative, and the
defaulting Party shall lose no rights under this Agreement. If, within the
specified period, the defaulting Party does not cure the default or begin to cure
the default as provided above, the non-defaulting Parties at the expiration of
the applicable period shall have the rights specified in Section 13.5.2.
13.5.2 Rights Upon Default. If the defaulting Party has not cured the default as
provided in Section 13.5.1, it shall have no voting rights under this
Agreement until the default has been cured. In addition, the non-
defaulting Party may pursue any other remedy available at law or in equity
against the defaulting Party, including but not limited to, an action for
damages, costs of obtaining substitute water or other performance.
13.6 Dissolution of the Agreement
This Agreement may be dissolved by mutual agreement. Upon dissolution, the
Parties shall agree on a Dissolution Plan and schedule to wind down and dissolve
the business affairs. Unless modified by the Dissolution Plan, the dissolution
shall be effective only after all debts and obligations are paid or provision for
payment is made. Each Party shall assume a share of the debts and obligations in
proportion to their ownership in the Supply Facilities unless the instrument or
transaction that created the debt or obligation specified otherwise. The Parties
shall execute those documents necessary to vest proportionate ownership of the
Supply Facilities and Property in each Party and execute a post dissolution water
supply agreement and a management agreement for the Supply Facilities and
Property. Nothing herein shall prevent a Party from accepting cash or other
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consideration in lieu of continued proportionate ownership in the Supply Facilities
and Property. The cost of dissolution shall be treated as an operation and
maintenance expense.
13.7 Post Initial Expansion Water for Tigard.
After substantial completion of the Initial Expansion, if Lake Oswego elects to
terminate this Agreement, or if the Parties mutually agree to dissolve this
Agreement, Lake Oswego agrees to provide Tigard with treated water sufficient
to supply 14 million gallons per day so that Tigard is always assured of having
sufficient source to supply its capacity share and usage of the Supply Facilities. If
Tigard is allocated additional capacity in the Supply Facilities by the Long Term
Expansion, the provisions of this section shall apply to that increment of water.
Negotiation of a mutually agreeable water supply agreement shall be a condition
precedent to any termination of this Agreement by Lake Oswego or Dissolution
Plan.
13.8 Unreasonable Withholdinja of Consent.
Unreasonable withholding of consent shall be those reasons other than financial
considerations, availability of alternate water sources, water usage characteristics,
water service territory, water demand forecasts, technical or operational expertise,
history as a recognized local government water service provider, ownership,
control or operation by or for a private entity or person, and other relevant matters
considered in reasonable and prudent utility management.
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ARTICLE XIV
DISPUTE RESOLUTION
14.1 Dispute Resolution
The Parties hereby agree that resolution of any disputes shall follow the steps as
set forth in Section 14.2. However, nothing shall prevent the disputing parties
(Disputing Parties) from waiving any of the steps by mutual consent.
14.2 Dispute Resolution Steps
Step One: (Negotiation)
The City Manager or other persons designated by each of the Disputing Parties
shall negotiate on behalf of the Party they represent and attempt to resolve the
issue. If the dispute is resolved at this step, there shall be a written determination
of such resolution, signed by each City Manager or other designated persons and
ratified by the governing bodies, which shall be binding upon the Disputing
Parties.
Step Two: (Mediation)
If the dispute cannot be resolved within thirty (30) days at Step One, the
Disputing Parties shall submit the matter to non-binding mediation. The
Disputing Parties shall attempt to agree on a mediator. If they cannot agree, the
Disputing Parties shall request a list of five (5) mediators fiom an entity or firm
providing mediation services. The Disputing Parties shall mutually agree on a
mediator from the list provided. Any common costs of mediation shall be borne
equally by the Disputing Parties. If the issue is resolved at this step, a written
determination of such resolution shall be signed by each City Manager or other
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designated persons, and ratified by the governing bodies, which shall be binding
on the Disputing Parties.
Step Three (Arbitration)
After exhaustion of the preceding processes, all disputes or claims arising out of
this Agreement shall be submitted to binding arbitration under the rules and
processes of U. S. Arbitration and Mediation of Portland, Oregon or similar
mutually agreed process. Each Disputing Party shall select an arbitrator and the
two shall appoint a third arbitrator. All costs of arbitration shall be borne equally.
The Oregon Rules of Civil Procedure relating to discovery and the Oregon
Evidence code shall apply. The decision of the panel shall be binding. Nothing
herein shall prevent the Disputing Parties from selecting a single arbitrator by
agreement.
14.3 Legal Fees
Each Disputing Party shall bear its own legal and expert witness fees at all stages
of proceedings, including any appeals.
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ARTICLE XV
COMPLETION OF INITIAL EXPANSION OF THE SUPPLY
FACILITIES
15.1 Modification to Agreement
Within three years after completion of the Initial Expansion, the Oversight
Committee shall undertake a review of all agreements and operations and to
consider the need for any modification to the terms and conditions of this
Agreement. At the recommendation of the Oversight Committee, the Councils
for the Parties may consider:
15.1.1 Modification to the existing Agreement(s);
15.1.2 Replacement of existing Agreement(s) with a new Agreement;
15.1.3 Creation of a Supply Agency under ORS Chapter 190.
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ARTICLE XVI
NOTICES
Any notice herein required or permitted to be given shall be given in writing and
effective when actually received by hand delivery or by the United States mail, first class
postage prepaid, addressed to the Parties as set forth below. The Parties shall notify the
Managing Agency of any change of address or title for receipt of notices under this
Agreement.
LAKE OSWEGO: The City of Lake Oswego
Attention: City Manager
380 A Avenue
P.O. Box 369
Lake Oswego, OR 97034
TIGARD City of Tigard
Attention: City Manager
13125 SW Hall Blvd.
Tigard, OR 97223
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ARTICLE XVII
GENERAL PROVISIONS
17.1 Instruments of Further Assurance
From time to time, at the request of a Party, each Party shall, without further
consideration, execute and deliver such further instruments, and shall take such
further action as may be reasonably required to fully effectuate the purposes of
this Agreement.
17.2 Entire Agreement
This Agreement embodies the entire agreement and understanding between the
Parties hereto with respect to the Supply Facilities and supersedes all previous
agreements and understandings relating to the Supply Facilities except as
provided herein. The Parties agree that the existing Agreement for Water Service
effective July 1, 1983 shall terminate as of the date Initial Expansion is
substantially complete.
17.3 Assignment, Sale or Transfer
No Party shall have the right to sell, transfer or assign its interest in this
Agreement (or any portion thereof) or asset(s), without the prior written consent
of the other in accordance with requirements of this Agreement. No Party may
sell, transfer, assign its interest or sell water to an existing wholesale customer in
the other Party's service area as set forth on Exhibit 2 without the prior written
consent of the other Party in accordance with the requirements of this Agreement.
17.4 Severability
In case any one or more of the provisions contained in this Agreement shall be
invalid, illegal, or unenforceable in any respect, the validity, legality and
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enf6rceability of the remaining provisions contained herein shall not in any way
be affected or impaired thereby.
17.5 Counterparts
This Agreement may be executed in any number of counterparts and by the
Parties or separate counterparts, any one of which shall constitute an Agreement
between and among the Parties.
17.6 Headings
The Article, section and subsection headings contained in this Agreement are for
reference purposes only and shall not in any way affect the meaning or
interpretation of this Agreement.
17.7 Force Majeure
No Party shall be considered in default in the performance of its obligations under
this Agreement to the extent that the performance of any such obligation is
prevented or delayed by any cause, existing or in the future, which is beyond the
reasonable control of the affected Party, including, but not limited to, Acts of
God, earthquake, labor disputes, civil commotion, war events beyond the
reasonable control of the Parties, such as regulatory restrictions or requirements,
permit issuance, and the like. In the event a Party claims that performance of its
obligations was prevented or delayed by any such cause, that Party shall promptly
notify the other Parties of that fact and of the circumstance preventing or delaying
performance. Such Party so claiming a cause of delayed performance shall
endeavor to the extent reasonable to remove the obstacles which preclude
performance.
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17.8 Consolidation, Merger, Annexation
17.8.1 Change of organization is defined as the consolidation or merger of a
Party with another city under ORS 222.610 et seq.
17.8.2 Any new entity created by change of organization involving a Party to this
Agreement shall require prior consent of the other Party as to the
successor or surviving entity's entitlement to be an owner of the Supply
Facilities, based on the entity's legal, financial and technical ability to
assume the original Party's obligations under this Agreement. Such
consent shall not be unreasonably withheld. If the surviving or successor
entity is approved, the original Party/Parties' obligations and rights
hereunder shall be binding upon and inure to the benefit of the surviving
or successor entity, and that entity shall be subject to all obligations of this
Agreement.
17.8.3 Annexation of or provision of service to an area beyond that area
identified for each party in the Carollo Report, and any transfer of a
Party's territory to a Water Authority formed by one or more cities, water
districts, or both, shall require the prior consent of the other Party, which
shall not be unreasonably withheld considering capacity and demands and
other system factors. Annexations or service to identified areas shall not
require consent.
17.9 Survival of Covenants
Any provision of this Agreement which, by its terms has or may have application
after the expiration or earlier termination of this Agreement, including all
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covenants, agreements, and warranties, shall be deemed to the extent of such
application to survive the expiration or termination of this agreement.
17.10 Indemnity
To the extent permitted by the Constitution and laws of Oregon, each Party agrees
to defend, indemnify and hold harmless the other from and against any and all
actual or alleged claims, damages, expenses, costs, fees, including but not limited
to attorney, account, paralegal, expert and escrow fees, fines, environmental costs
and/or penalty (collectively "costs"), which may be imposed upon; claimed
against, or incurred or suffered by the Party, unless and to the extent it was
resulting from an individual Party's negligence or willful misconduct.
17.11 No Third Party Beneficiaries
The Parties hereto are the only Parties to this Agreement and the only persons or
entities entitled to enforce its terms.
IN WITNESS WHEREOF the Parties have dated and signed this Agreement.
CITY OF LAKE OSWEGO CITY OF TIGARD
Mayor Mayor
Dated Dated
Attest
City Recorder City Recorder
Dated Dated
City Attorney City Attorney
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Exhibit -4-.
City of Lake Oswego Water Rights Summary
Permitee Application/Permit# Authorized Authorized Amount Amount Priority Source
amount place of developed/certificate# undeveloped Date water
cfs/m d) use (cfs/m d) (cfs/m d
City of S43365/S32410 50/32.32 City of Lake 25/16.16/C78332 25/1.6.16 3/1.4/1967. Clackamas
Lake Oswego and River
Oswego City of
Tigard'
'City of S50819/S37839. 9/5.81 City of 0 915.81 7/5/1973 Clackamas
Lake Tualatin and River
Oswego Tigard
Water
DistricO
Notes: 1. The City of. Lake Oswego. is currently seeking extensions of time to-fully use all water authorized under permit Nos.. S32410,
537839 and S43246. Proposed Final Orders.(PFO) approving the City's request are pending at Water Resources Department
(WRD) in Salem. It is expected protests will be filed on the PFO's once they are issued for public comment.
2. The City has submitted its watermanagement-and conservation plan to WRD and no public comments on the plan were filed
during the 30-day public comment period. An approved WMCP.is required before the City can access any portion of
undeveloped water noted above.
Permit Amendment T-8358 amended Permits S32410 and 537839 to include the City of Tigard as authorized places of use.
2 Permit. 537839 was granted to the City of Lake Oswego for the benefit of the Cities of Tualatin and the Tigard Water District.
Exhibit 5
Supply Facilities Capital Improvement Program
(To be added following adoption by each Council)
EXHIBIT _6_
DETERMINATION OF TIGARD BUY-IN
Net Tigard
Original Cost Reproduction Allocation Tigard Share
Asset Tax Map Tax Lot Clackamas Co. Deed Cost %
Clackamas River Intake & Pump Station $ 1,911,733 $ 1,832,454 0.00% $ -
Clackamas River Intake Land* 2 2E 20CA 15001 Bk 173, Pg 900-902 $ $ 14/38 $
Computer System/Software $ 214,222 $ 70,978 14/38 $ 26,150
Finished Water Transmission $ 2,111,711 $ 5,384,358 0.00% $ -
General Plant $ 61,500 $ 15,274 14/38 $ 5,627
Raw Water Transmission $ 612,137 $ 2,415,157 14/38 $ 889,795
Waluga Reservoir $ 1,281,427 $ 1,940,065 0.00% $ -
Waluga Reservoir: Land
Reservoir Property 2 lE 07 AD 03100 Doc 72-06414 $ 8,416 $ 21,340 14/38 $ 7,862
Waluga Res #1 * 2 lE 07AD 00700 Doc 76-36977 n/a $ 329,841 14/38 $ 121,520
4800 Carmen Dr* 2 1 E 07AD 00900 Doc 92-063461 n/a $ 237,346 14/38 $ 87,443
Vacant Parcel* 2 1E 07AD 01000 Doc 92-063461* n/a $ 253,485 14/38 $ 93,389
Water Treatment Plant $ 9,731,005 $ 11,489,095 0.00% $ -
Water Treatment Plant Land
4260 Kenthorpe Way - parcel 1 * 2 1 E 24BD 00300 Bk 688, Pg 581 $ 83,797 $ 595,491 14/38 $ 219,391
4260 Kenthorpe Way - parcel 2* 2 1 E 24BD 00401 Doc 79-35248 n/a $ 601,670 14/38 $ 221,668
xxxx Mapleton Dr* 2 1E 24BD 01200 Doc 89-10200 n/a $ 132,652 14/38 $ 48,872
4245 Mapleton Dr* 2 1E 24BD 01400 Doc 89-13210 n/a $ 258,916 14/38 $ 95,390
4305 Mapleton Dr* 21 E 24BD 01300 Doc 95-33429 n/a $ 306,346 14/38 $ 112,864
4315 Mapleton Dr* 2 1E 24BD 01500 Doc 89-13210 n/a $ 258,916 14/38 $ 95,390
Totals * less 2006-108190 $ 16,015,948 $ 26,143,384 $ 2,025,361
*Net reproduction cost for these properties are based on an assessor's 2006 real market value (RMV). These costs are not included in the total original cost.
Tigard and LO will need to complete an updated appraisal of land values, and resolve which parcels are material to this agreement berorc determining the final buy-in cost.
Allocation % based on 14 mgd of 38 mgd capacity allocated to Tigard. '
Net Reproduction Cost includes escalation by ENR less depreciation.
EXHIBIT 7
ALLOCATION OF SYSTEM IMPROVEMENT COSTS TO THE PARTIES
Cost of Lake Oswego Tigard
Improvement Allocation Allocation
(in 2006 * Share Share
Water Treatment Plant
- Existing Plant n/a 100.00% n/a 0.00% $ -
- 32 mgd Expansion $ 39,430,000 2/16 $ 4,928,750 14/16 $ 34,501,250
- 38 mgd Expansion n/a 100% n/a 0.00% $ -
Raw Water Intake and
Pump Station $ 4,440,000 24/38 $ 2,804,210 14/38 $ 1,635,789
Raw Water
Transmission Main $ 23,920,000 24/38 $ 15,107,368 14/38 $ 87812,633
Finished Water
Transmission Main
-Reaches 7-10 $ 38,220,000 24/38 24,138,947. 14/38 $ 14,081,053
-Reaches 11-12 $ . 17;020,000: 8/22 $ 67189,091 , .14/22 $ 10,830,909
Storage (MG) $ 4,010,000 1.0/2.5 $ 1,604,000 1.5/2.5 $ 2,406,000
Bonita Road Pumping
Station $ 1,700,000 0.00% $ - 100.00% $ 1,700,006
Total Costs $ 128,740,000 42.54% $ 54,772,366: 57.46% $ 33,967;634
- Project costs are presented in 2006 dollars. Actual cost will depend on project start and completion dates.
" - Second (6 mgd) expansion.is currently assigned to Lake Oswego. Contract provides for potential reallocation by agreement.
Attachment 2
MEMORANDUM
TO: The Honorable Mayor and City Councilors
FROM: City of Tigard Public Works Director Dennis Koellermeier
RE: Additional Information on the City of Tigard/Lake Oswego Water Partnership
Agreement
DATE: July 22, 2008
The following information supplements the "Key Facts and Information Summary" section of the
Council's August 5, 2008 Agenda Item Summary.
Benefits of the Water Partnership
■ Quantity
Depending upon future water demand, this source, along with Tigard's groundwater and
aquifer storage and recovery wells, is expected to produce enough water to meet the needs
of Tigard water customers from the year 2016 to approximately 2035.
■ Quality, Taste and Appearance
Under the water partnership agreement, Lake Oswego's existing water treatment plant will
be transformed to a state-of-the-art facility. The new facility will:
- Employ the latest water treatment technologies.
- Provide greater control over water quality.
- Be better equipped to address future testing/ treatment requirements and issues
related to aesthetics, such as taste and appearance.
The Clackamas River is an excellent raw water source and has a 100-year history of
supplying water to an ever-increasing population. This source, when coupled with a state-of-
the-art water treatment facility, will provide Tigard water customers with a reliable, high-
quality water supply for years to come.
■ Cost and Rates
Developing a new water source will be costly. The projects associated with the water
partnership are estimated to cost $136 million. Tigard's share of the improvements and cost
to buy into Lake Oswego's existing system is estimated to be $81 million. Although
expensive, the Lake Oswego water partnership is the least expensive option of all those
considered.
By developing our own infrastructure (treatment plant, transmission pipes, intake, etc.), a
portion of the project costs can be collected from future development. Although this will
help to offset steep increases in water rates, Tigard water customers can expect rates to
nearly double over the next ten years as improvements are brought online. Following the
initial ten-year investment, water rates are expected to stabilize or even decrease slightly. In
comparison, if Tigard simply continued to purchase water via the Portland Water Purchase
Agreement, water customers could expect to see their water rates triple over the same time
period.
Future Water Needs and Options Studied
The Tigard Water Service Area (TWSA) includes the cities of Durham, King City, two-thirds of
Tigard and unincorporated areas to the south and west of Tigard. The City of Tigard is the water
provider for the TWSA and entities within this partnership are represented by the
Intergovernmental Water Board.
Tigard water customers excel at water conservation; over the past year, they have actually decreased
their water consumption from 88 to 84 gallons per person per day. But as the area's population
continues to grow, future water demand will be too great to simply conserve our way out of the
problem.
The TWSA's peak water demand can reach 13 million gallons a day, but as the population continues
to increase, that number is expected to reach 20 million gallons a day by the year 2040. Currently,
the service area receives its water from several sources, but these sources aren't capable of meeting
the growing demand for water.
The City of Tigard and Intergovernmental Water Board partners (Durham, King City and the Tigard
Water District) have studied these potential drinking water sources:
■ Lake Oswego Expansion & Water Partnership
Water Source: Clackamas River
■ Tualatin Basin Water Supply Project (Also known as the Hagg Lake Dam raise project)
Water Source: Trask and Tualatin Rivers
• Willamette River Treatment & Transmission Improvement Project
Water Source: Willamette River
■ Purchase City of Portland Water
Water Source: Bull Run Watershed
Of these options, the Lake Oswego Expansion & Water Partnership appears to hold the most
promise of supplying the majority ofourfuture water needs.
History behind the Water Partnership
September 2005
The Cities of Tigard and Lake Oswego completed the Water Supply Feasibility Project study. This
study concluded that it would be possible for Lake Oswego and Tigard to jointly develop Lake
Oswego's capital infrastructure and remaining water rights. Both parties would benefit from such a
partnership. Tigard would establish ownership in a future water source; Lake Oswego would protect
its water rights and reduce costs since Tigard would fund a portion of the improvements.
March 2006
The Cities of Tigard and Lake Oswego funded the joint Water Supply System Analysis. This plan
investigated the technical, financial and legal issues influencing the potential partnership. Ultimately,
the plan concluded Tigard and Lake Oswego would each benefit from jointly expanding the Lake
Oswego water system.
November 2006
The Cities of Tigard and Lake Oswego and the Intergovernmental Water Board held a joint meeting
to have a preliminary discussion of the water partnership and provide input on the joint Water
Supply System Analysis.
July 2007
The Cities of Tigard and Lake Oswego and the Intergovernmental Water Board held a joint meeting
to receive the preliminary results of the joint Water Supply System Analysis. Based on the analysis,
these agencies recognized the potential advantages of the water partnership. Representatives from
each of the parties formed a work group to further explore the water partnership.
December 2007
The Cities of Tigard and Lake Oswego and the Intergovernmental Water Board entered into a
Memorandum of Understanding (MOU) developed by the work group. The MOU:
■ Committed the parties to work cooperatively, through staff, to develop an agreement
detailing the terms of a water supply partnership.
■ Identified specific issues for discussion.
• Committed to a mutually agreeable recommendation by June 2008.
■ Pledged mutual support of Lake Oswego's efforts to secure extensions of its water rights.
April 2008
The Cities of Tigard and Lake Oswego and the Intergovernmental Water Board held a joint meeting
to discuss the major points of the water partnership agreement.
May 2008
The City of Tigard held an open house to educate and seek the input of Tigard water customers.
July 2008
The Intergovernmental Water Board will hold a public hearing and make a recommendation on the
water partnership agreement on Wednesday, July 9 at 5:30 p.m., in the Tigard Public Works
Building, 8777 SW Burnham Street, Tigard.
August 2008
The Cities of Tigard and Lake Oswego are scheduled to consider the water partnership agreement
on August 5, 2008.
More Resources
The following additional items are available online at www.tigard-or.gov/wateMartnersW:
1. Map of the Tigard Water Service Area
2. Water Supply Feasibility Project Study
3. Joint Water Supply System Analysis
4. An Executive Summary of the Joint Water Supply System Analysis
5. Minutes from Tigard/Lake Oswego/Intergovernmental Water Board Joint Meetings
Attachment 3
SUMMARY OF LAKE OSWEGO-TIGARD WATER AGREEMENT
Following the Joint Council presentation on April 15, 2008, respective City Staff
have continued to negotiate a draft agreement to capture the points discussed by the
Councils. The following are outline points for a two-party intergovernmental agreement
to proceed with phased design, permitting, and construction of water system
improvements. The first phase will take the parties through construction of the initial
Expansion. After construction and a short period of operation, the parties will meet to
discuss whether a govemance structure should be modified. Long Term Expansion or
other projects are left to the future depending on demand.
PHASE 1(2008-2016)
A. Project Description (Definitions, Article VI. Article IX,)
• Identification of current water supply assets;
• Identification of assets to be built (Carollo Report); and
• Initial Buy-in by Tigard of approximately $2 million. If Initial Expansion
Facilities not built, Agreement ends and Lake Oswego repays Tigard
amount invested plus interest at LGIP rate. Tigard has no further interest.
• Proportional system ownership upon completion.
• Definition of Planned System Expansion. The Initial Expansion Project,
as detailed in the Lake Oswego and Tigard Water Service Area Joint
Water Supply System Analysis, dated July, 2007, will increase capacity to
32 mgd by 2016. At the completion of Initial Expansion, the Lake
Oswego allocation would be 18 mgd and the Tigard allocation would be
14 mgd.
• Long Term Expansion would be an expansion to 38 mgd, depending on
demand. The Long Term Expansion is presumed. for Lake Oswego, but
Lake Oswego has options to sell all or part or make it available to Tigard
until such time as Lake Oswego needs it.
• The Parties may elect to alter this schedule.
• Recognition of Tigard's Portland Contract expiration date is 2016 and
. need to complete Initial Expansion.
B. Manning Agency (Articles IIIVI VII)
• Lake Oswego as Managing Agency for design, construction, operation,
maintenance, repair and replacement of System
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• Perform work with own forces and repayment through approved budget
for actual, incurred charges. '
• Contracting Party with consultants and contractors.
• Permit Applicant with Federal, State, and Local Agencies.
• Day-to-day management during and post construction, insurance, bills
(invoices; books and records, staffing)
• Lake Oswego may propose an outside Project Manager, but all parties
must agree.
• Budget preparation.
• Asset Management Program.
• No third party operator without Council consent.
C. Technical Committee (3.2)
• Technical representatives from each City. The Technical Committee will
review all design, permitting, and construction issues and make
recommendations to the Managing Agency or Oversight Committee as
required or necessary.
• analysis of requests for proposals.
• direction to the consultant teams;
• whether a traditional design-bid-build method should be used or
alternate contract delivery method should be used;
• schedules
• The Technical Committee shall meet as necessary to keep project on
schedule;
• Lake Oswego may propose an outside Project Manager, but all parties
must agree
D. Oversight Committee (3.3)
• Two members appointed at the pleasure of each party;
• Meets as necessary to keep the project on schedule, but not less than
quarterly;
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• Review proposed projects and related matters and make recommendations
to the Managing Agency or City Councils as required or necessary;
• Review and recommend all proposed budgets during design, construction,
and operation, and prior to submission to the respective city councils
E. Council Decisions (3.6)
• Budget
• Capital Improvement Program
• Property Matters
• Operational Protocols
• Initial and Long Term Expansion
• New Partners
• Modification, Amendment, Dissolution
• Third-Party Operator.
F. Land (Articles IV, V)
• Transfer of identified the Lake Oswego properties to a joint tenancy in
common ownership with Tigard via a warranty deed at conclusion of
Initial Expansion construction. Until completion, Tigard has equitable
property interest.
• Proportionate to Supply Facility ownerships (5.1);
• Valuation by MAI Appraisal;
• Additional land will be acquired in the same ultimate ownership
proportions as in the Supply Facilities
• If Project does not go forward, cessation of Tigard Interest.
G. Design of Facilities (Article VI)
• Procurement by Lake Oswego procedures with Lake Oswego as the
Managing Agency for the selection of design firms;
• Tigard must approve design firms;
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• Technical Committee will develop parameters with the consultant for
improvements to all components of the Supply Facilities (6.3)
• Designs recommended by Technical Committee and Oversight Committee
for approval by the respective Councils.
H. Permitting (6.2)
• Lake Oswego, with the advice and consent of Tigard, will be the
responsible permitting agency to. obtain all permits, either through the
consultant, contractor, or its own forces;
• Review and approval by Tigard;
• The anticipated or potential permits necessary are:
➢ Section 404 Permit under the Clean Water Act,
S- Division of State Lands/Army Corps of Engineers
➢ Any Oregon Division of State Lands Permit in addition to the 404
Permit
➢ Water Resources Department
➢ Oregon Department of Fish and Wildlife, United States Fish &
Wildlife, or NOAA through consultation, under Endangered Species
Act
Any design review or other land use permit
➢ Any other permit or approval required for the project
1. Construction Management (63)
• Lake Oswego as Managing Agency;
• In conjunction. with the Oversight Committee and Technical Committee,
recommendation will be made to each Council regarding the contracting
methods to be used for construction;
Lake Oswego shall employ its Local Contract Review Board Rules and
other purchasing rules for the projects and process.
• Progress payment requests, change orders, punch list items and
construction in general.
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• Change order approval authority without necessity of Council review
and approval is Lake Oswego's purchasing rules (3.1).
J. Design and Construction Payments (6.3.2)
• As progress payments requests are received during design and
construction, Lake Oswego will pay
• Lake Oswego will bill Tigard according to the allocation of assigned
capacity of the components of the system. Tigard pays within 30 days
unless disputed.
• Any disputed amount shall be resolved according to a dispute resolution
process.
• No dispute will cause cessation or delay of work by the contractor. If the
contractor threatens to suspend or terminate work because of a dispute
over nonpayment, the parties agree to make such payments so that Lake
Oswego can resolve the contractor issues and keep the project moving,
and expressly reserve all rights regarding ultimate allocation of costs for
obligations paid to the contractor.
• Resolution of claims by designers or contractors shall require the consent
of both parties
• Post construction, the Technical Committee and Oversight Committee
shall meet as needed to review and recommend to matters related to
warranty or other contract performance issues.
• Lake Oswego shall continue as the Managing Agency for operation,
maintenance, repair, and replacement of the Supply Facilities Initial
Expansion.
K. Allocation of Proportionate Interest (Article N, VII)
• Initial Expansion Interest (4.2 and Exhibit)
• Allocation of costs based on proportionate capacity will be reviewed and
adjusted by parties, as necessary (Article VII).
• Amenities or community improvements resulting from the permitting
process will be a project cost. Amenities not required by the permitting
process and notrelated to the water system will be paid for at the sole
expense of the party requesting such amenities. (Affects O&M costs as
well)
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• Capital Improvements Based upon Future Regulatory Matters. If
additional construction to meet new regulatory requirements occurs, Lake
Oswego will coordinate financing, design, and construction of those
improvements, which will be distributed on the basis of proportionate
capacity ownership.
• Long Term Expansion or other approved Projects will allocate costs as
negotiated.
L. Lonl?, Term Expansion or- Other Expansion of the System (Article IX)
• Use of the system should be accomplished first by utilizing the existing
capacity to serve the parties
• Expand only after all capacity is projected to be used within a reasonable
planning horizon
• Leasing (Article X)
• Planning document (8.2)
o Submitted at least every five years
0 10 year horizon for capacityand demand
• New opportunities for the system shall first be brought to the Parties for
consideration and joint action.
• If one party chooses not to participate, the other party may proceed.
• A party may propose expansion to the other.
o If the party declines, the proposing party may proceed, so long as
no adverse operational or financial impacts.
o If each party agrees, then they shall negotiate a project to allocate
costs and responsibilities.
• Long Term Expansion presumed for Lake Oswego, but depends on
demand as to when built. Tigard or Lake Oswego may propose expansion.
Lake Oswego must choose:
o Sell all or a portion of 6 mgd to Tigard.
o Lake Oswego builds 6 mgd and leases to Tigard.
o Tigard builds 6 mgd subject to Lake Oswego's ability to buy back
all or a portion.
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o Other mutual agreement.
M. Leasing
• A party shall be required to lease to the other such unused capacity in the
system to the extent available according to the planning document.
• The term of the lease shall be not less than one year nor more than ten,
upon such conditions as the parties agree.
• The lease shall be a short-term fYieasure that allows the party to defer
expansion or new construction of system components and to provide the
parties with a near term, stable planning.horizon.
• Lease payment shall be based upon formula unless parties mutually agree
otherwise (10.5).
N. O&M Payments (Article VIII
• The budget will provide for each party's anticipated share of operation and
maintenance based upon utili ty cost of service principles
• Approval by both parties.
• Operation and maintenance shall be charged based on the amount of water
use in efs multiplied by the O&M expense rate.
• Renewal, replacements, and system upgrades shall be made proportional
to ownership and billed based upon need.
• Special allocation for site amenities
• Payment is due 30 days after invoice.
0. Sales or Lease to Others (Article XI)
• Except for existing wholesale customers and existing mutual aid
agreements, no party may contract for sale or lease of water to third parties
without the approval of the other party.
• Sales will be joint with net revenues to each party in proportion to
ownership
• A party may add wheeling charges
P. Operations Committee/Operations Manual (Article X11)
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Within six months from, the date of substantial completion of the Initial
Expansion, the parties shall agree on an Operations Manual for the system.
The parties shall appoint at least one person technically proficient in the
utility system operations to the Operations Committee. The Operations
Committee shall report to the Oversight Committee not less often than
quarterly
S. Total or Partial Termination and Withdrawal or Sale of Assets (Article
XIII
• Either party may elect
• Effective date would be two years from the date of notice unless otherwise
agreed to.
• The parties shall meet for the purpose of establishing the purchase price.
o Unless the parties agree otherwise, the sale price is depreciated
replacement cost value
• The nonwithdrawing party may purchase all or a portion of the
withdrawing partner's ownership. If not, the withdrawing partner shall
have the right to sell, assign or lease to another governmental entity.
Remaining Party has to consent to a new player.
o Sale or assignments to nonpartner entities are not subject to the
valuation formula of this section regarding negotiated price.
o Criteria for consent.
• Lake Oswego's existing water rights excluded.
• Payment shall be due on the effective date of termination or withdrawal or
sale unless the parties agree otherwise.
Other Material Breach
o Monetary penalties
o Specific performance of obligations
Dissolution of the Partnership (13.6)
o If the parties mutually agree, the Partnership may be dissolved and
the parties shall agree on a plan of dissolution
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o All debts and obligations are paid or each party shall assume its,
proportionate share of debts and obligations unless otherwise
provided
o Hold harmless to others
o The parties shall execute those documents necessary to vest
proportionate ownership of the Supply Facilities in each party and
execute a post-dissolution management agreement
o Tigard shall always be a§sured of having a source to provide 14
mgd per day water supply to the extent it retains the Supply
Facilities following dissolution and uses the water in its service
area. A Water Supply Agreement must be negotiated.
Q. Dispute Resolution (Article XIV)
• Negotiation by the City Managers and ratified by the City Councils
• Mediation (Nonbinding/Approved by Councils)
• Arbitration: Three arbitrators.
➢ Panel of three unless the parties agree on a single arbitrator
➢ Nonbinding
• Clackamas County Circuit Court.
• Each party bears its own legal costs, witness fees, and other costs
R. Other Provisions (Article 2M
• No assignment or transfer without consent of the other party
• Extension of Party's water supply service by the identified Supply Facility
to an area beyond that area identified for each party in the Carollo Report
shall require the prior consent of the other party, and shall not be
unreasonably withheld considering capacity and demands and other
system factors
• Annexations or service to identified areas in the Carollo Report shall not
require consent
• Each party agrees to indemnify the other from its own acts or negligence.
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S. 2016 And Beyond (Article XV)
(1) Future Agreements and Governance (2018)
• Within three years after completion of Initial Expansion construction
• Oversight; Committee will meet and in good faith negotiate whether this
agreement shall be amended or a new agreement executed
• If not, continue this agreement with periodic modifications as deemed
necessary by the parties, or
• Replace this Agreement with a new Agreement; or
Create a Supply Agency via:
an intergovernmental under ORS Ch. 190
➢ Members appointed by each Council
Y May provide for transfer of assets to the new entity
➢ Agreement on what powers are vested by each city in the new entity
➢ Method of voting and decision making
■ Decisions made at the intergovernmental entity level
Decisions retained at the Council level
➢ Consent to Joinder of New Partners
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Attachment 4
INTERGOVERNMENTAL WATER BOARD
RESOLUTION NO. 08-01
:RESOLUTION RECOMMENDING THE CITY OF TIGARD APPROVE THE WATER
PARTNERSHIP INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY
FACILITIES, "DESIGN, CONTSTRUCTION, AND OPERATION, BETWEEN THE CITY OF
TIGARD.AND THE CITY OF LAKE OSWEGO
WHEREAS, the City of Tigard ("Tigard") and the City of Lake Oswego desire to enter into an
Intergovernmental Agreement ("IGA") regarding water supply for the purposes of obtaining a
permanent non-.contract source of raw water; and
WHEREAS, the Intergovernmental Water Board was created by way of intergovernmental
agreements, in December, 1993, and under these agreements, has authority to make
recommendations to Tigard relative to certain water service matters, and as to any other matters
which,the Intergovernmental Water Board may feel to be for the good of the water system, the
overall ,public interest and for the benefit of the consumer; and
WHEREAS,. the .proposed IGA is supported by sound engineering analysis, is in the best interest
of water customers within the original water district and" is consistent with the goal of working
together to provide all of the residents and property with a clean, economical water supply; and
WHEREAS, in July 2007 an engineering study known as the Lake Oswego and Tigard Joint
Water Supply System Analysis was performed by Carollo Engineers and was funded by the
ratepayers of the Tigard Water Service Area and the City of Lake Oswego.
NOW, THEREFORE, BE IT RESOLVED by the Intergovernmental Water Board that:
SECTION 1: The Intergovernmental Water Board hereby recommends to Tigard. that the
Intergovernmental Agreement Regarding Water "Supply Facilities, Design and
Construction and Operation Between the City of Lake Oswego and the City of
Tigard be approved by the:City of Tigard; and
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This 9'11 day of J 'U Ly )2008.
Chair, Intergovernmental Water-Board
ATTEST:
I Recorder
Page 1 - RESOLUTION NO. 08-01
Agenda Item No. 3
Meeting of ws t Sr a 0®
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Workshop for Comprehensive Plan Amendment (CPA) 2008-00003 Natural Resources and
Historic Areas
Prepared By: John Floyd Dept Head Approval: City Mgr Approval: C9
ISSUE BEFORE THE COUNCIL
Review and discuss with staff, proposed Comprehensive Plan goals, policies, and recommended action measures
recommended by the Planning Commission at their June 16, 2008 public hearing (CPA2008-00003).
STAFF RECOMMENDATION
Council is requested to become familiar with the Commission's recommendation to adopt Comprehensive Plan goals,
policies, and recommended action measures pertaining to Natural Resources and Historic Areas and identify any
additional material or information to assist in making its decision at a public hearing scheduled for August 5, 2008.
KEY FACTS AND INFORMATION SUMMARY
The proposed Natural Resource and Historic Areas Comprehensive Plan Amendment is a result of Council's direction
to complete a full update of the Tigard Comprehensive Plan. As part of the background research, staff considered
relevant findings from past citizen surveys and the Tigard visioning project. This ensured that the expressed values and
attitudes of the hundreds of citizens who participated in these efforts were incorporated into the update of the
Comprehensive Plan.
Council's direction to update the Comprehensive Plan stressed the importance of garnering citizen input. Staff has done
this through Policy Interest Teams (PIT) that met several times for each chapter. Following these meetings, the
Planning Commission held two public workshops on May 5 and May 19, 2008 and two public hearings on June 2 and
16, 2008 during which additional public comment was received. On June 16 the Commission unanimously
recommended the Council adopt the updated chapter (Attachment 1) included in CPA2008-00003.
The intent of the updated chapter is to provide Tigard with an enhanced foundation on which to prepare natural and
historical resource related ordinances, associated plans, development standards, and programs. The successful
management of such resources is essential to a high quality of life, prosperity, and the overall health, safety, and
welfare of the community. To- that end, it is important that the Natural Resource and Historic Areas chapter be
technically sound. Therefore, during the development of the chapter, Department Review Teams were involved to
determine its technical accuracy and conformance with applicable laws and rules. In addition, the updated chapter was
sent to state, federal, and regional agencies for review.
The Oregon Land Conservation and Development Commission (LCDC) requires jurisdictions to periodically update
their plans to reflect current conditions, regulations, and information relating to the Oregon Statewide Planning Goals.
l:\l.RPLN\Council Materials\2008\7-01-08 AIS CC Workshop CPA 2008-00003.doc 1
This amendment will act as a major stride in ensuring compliance with the Statewide Planning Goals through goals and
policies that act as the basis to manage, maintain, and expand natural and historical/cultural resource actions within
the community.
The minutes of the June 2 and June 16 Planning Commission public hearings can be found in Attachments 3 and 4.
OTHER ALTERNATIVES CONSIDERED
N/A
CITY COUNCIL GOALS
Goal 2: Complete the update and begin the implementation of the Comprehensive Plan.
ATTACHMENT LIST
Attachment 1: Proposed Language for CPA2008-00003
Attachment 2: Memo to Council dated June 18, 2008
Attachment 3: Planning Commission Meeting Minutes -June 2, 2008
Attachment 4: Planning Commission Meeting Minutes -June 16, 2008
FISCAL NOTES
N/A
]:\LRPLN\Council Materials\2008\7-01-08 AIS CC Workshop CPA 2008-00003.doc 2
ATTACHMENT 1
y"
x
ti
? 1L j4
Natural Resources and
Historic Areas
`To protect natural resources and conserve scenic
and historic areas and open spacer. "
m
O D
o ~
a
NATURAL RESOURCES AND HISTORIC AREAS
ADOPTED AMENDMENTS
DATE CPA# CHANGES
00-00-08 0000-00000 xxxxx
SECTION COVER PHOTO: CITY STAFF
Tualatin River.
5-2 City of Tigard Comprehensive Plan
O
O
NATURAL RESOURCES AND HISTORIC AREAS
ach community possesses certain
natural and historic resources that "The
help to establish its identity. Tigard
is fortunate to contain a variety of these community's
resources that contribute to its high quality
natural
of life. From the riparian corridors along the
Tualatin River and its tributaries, to the City's
resources are
wetlands, to the upland habitat resources, the
community's natural resources are a visual i visual i
and ecological asset. The historic and cultural
resources of the community represent a part ecological
of the community that provides a living history
asset.
of the area. Protecting and conserving these
resources are vital components to a successful
land use planning program.
"To protect natural resources and conserve scenic and historic areas and open spaces."
As awareness of the importance of natural and historic resources and their
relationship to the quality of life has increased, so has concern for protecting
these resources. Protecting the City's valuable natural and historic resources
is thus one of Tigard's primary goals. In addition, the City must comply with
federal, state, and regional laws protecting the resources, including sensitive,
threatened, and endangered species and their habitats. The following resources
are addressed in this chapter:
■ Fish and Wildlife Habitat
■ Wetlands
■ Streams
■ Groundwater
■ Historic and Cultural Resources
As Tigard's population continues to grow, so does the potential for conflict
between the desire to preserve resources and the need to provide adequate land
for growth. As development patterns change to accommodate growth, more
pressure is placed on the resources that are present. The tension between the
built and natural environments results from the competition for land resources.
The steady trend of growth and development further necessitates the impor-
tance of finding a suitable balance in the future, both locally and regionally.
Comprehensive Plan City of Tigard 5_1
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NATURAL RESOURCES AND HISTORIC AREAS
Fish and Wildlife Habitat
Despite growing urbanization, Tigard and the surrounding area remain home
to an impressive diversity of birds, mammals, fish, amphibians and reptiles.
Fish and wildlife species depend on a complex array of habitat conditions for
their food, water, mobility, security, and reproductive needs. Wildlife habitat
within the City of Tigard is heavily concentrated adjacent to water bodies, such
as streams and wetlands. However, there are patches of upland habitat in drier,
higher elevations across the City. This upland vegetation not only contributes
in providing protective cover for wildlife, but also contributes to the aesthetic
quality of the community and serves as an essential element in controlling
runoff and soil erosion, moderating temperatures, and reducing air pollution.
A number of agencies are involved in the effort to address the management
and protection of fish and wildlife habitat. In 2000, Metro began work on a
regional inventory of significant fish and wildlife habitat, focusing on riparian
corridor and wildlife habitat resources. Shortly after completion of the inven-
tory in 2002, the Tualatin Basin Partners for Natural Places, an alliance between
Washington County and local cities (including Tigard) working with Metro,
Tualatin Hills Parks and Recreation District and Clean Water Services, was
formed to meet relevant federal, state, and regional requirements. Metro
entered into an intergovernmental agreement (IGA) with the Tualatin Basin
Partners for Natural Places to develop a basin-specific approach to protect
Goal 5 (riparian and wildlife habitat) resources in compliance with Metro's
Urban Growth Management Functional Plan, Title 3 (Water Quality and Flood
Management) and Title 13 (Nature in Neighborhoods). The result of the IGA
was the City adopting voluntary habitat friendly development provisions in
December 2006 that seek to protect the wildlife habitat identified within the
community. The provisions include an opportunity for low impact development
practices that can reduce impacts to the identified resources.
The Tualatin Basin Partners for Natural Places used the regional habitat inven-
tory as the basis for conducting a general analysis of the Economic, Social,
Environmental, and Energy (ESEE) consequences of allowing, limiting, or
prohibiting uses that would negatively impact inventoried resources. The site-
specific component of the ESEE analysis provided a more localized analysis
and an opportunity to refine the Basin-wide "limit" decision where necessary.
The analysis results show that the City of Tigard has 588 acres of habitat desig-
nated as "strictly" limit (i.e. Metro inventoried Class I and II riparian resources
within the Clean Water Services Vegetated Corridor). An estimated 370 acres
5-2 City of Tigard Comprehensive Plan
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NATURAL RESOURCES AND HISTORIC AREAS
of Class I and 11 riparian habitat situated outside the Clean Water Services' vege-
tated corridor are designated as "moderately" limit. In addition, 422 acres of
non-Class I and II riparian resources within the City are designated as "lightly"
limit, including both upland and lower-value riparian habitat areas.
Wetlands
Wetlands, including swamps, bogs, fens, marshes,
and estuaries, play a crucial role in a healthy "Wetlands
ecosystem by providing essential habitat for
waterfowl, fish, amphibians and many other also offer
animal and plant species. The state defines a
rime sites
wetland as an area that is inundated or saturated •
by surface water or groundwater at a frequency • people
and duration sufficient to support, and that under
normal circumstances does support, a prevalence to witness
of vegetation typically adapted for life in satu-
rated soil conditions (Oregon Administrative Rule the •
(OAR) 660-023-0100). These areas also serve
several natural hydrologic functions, including Of a unique
absorbing flood waters, sustaining summer stream natural
flows, replenishing groundwater, and filtering out
harmful pollutants from waterways. Wetlands
also offer prime sites for people to witness the
wonders of a unique natural setting where fish,
wildlife, plants, and water converge. These beneficial functions of wetlands,
however, may be adversely affected by human activities such as encroachment
through development, alterations to natural drainage patterns, pollution, and the
introduction of nuisance plant species.
As outlined under OAR 141-086 for Wetland Conservation Planning, Tigard's
locally significant wetlands were designated according to the criteria and proce-
dures for identification of significant wetlands adopted by DSL. Inventoried
wetlands were deemed significant if they received the highest rating on at least
two of the four primary wetland functions, namely wildlife habitat, fish habitat,
water quality, and hydrological control. Of the wetlands (within the City limits)
identified in Tigard's Local Wetlands Inventory, roughly 98% are classified as
significant wetlands.
Comprehensive Plan City of Tigard 5-3
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NATURAL RESOURCES AND HISTORIC AREAS
In 1997, the City of Tigard Local Wetlands Inventory (LWI) and Wetlands
Assessment were approved by DSL. Approval by DSL means that the wetlands
inventory meets state L``UI standards, and therefore becomes part of the
State Wetlands Inventory and must be used in lieu of the National Wetlands
Inventory.
Since the approval of the LWI, several new wetland delineations have occurred
within the city limits. These new delineations were performed by wetland profes-
sionals and concurred by DSL. The newly delineated wetlands become part
of the LWI, although a function assessment was not performed. Without the
assessment, significance cannot be determined. However, the majority of the
newly delineated wetlands is currently under protection from the City's sensi-
tive lands review process because of their location in a stream corridor, 100-
year floodplain, or within the CWS vegetated corridor. The remaining wetlands,
although not covered by the City's sensitive lands review process, are subject to
the state Removal-Fill Law and must secure permits as required by the law.
Streams
Roughly 30 miles of stream corridors cross through the City and nearly all the
streams in Tigard drain into Fanno Creek, which then flows into the Tualatin
River. These stream corridors provide a complex ecosystem linking water,
land, plants, and animals. They perform several ecological functions, including
storing and conveying surface water, modulating flows, removing pollutants, and
providing vital habitat for aquatic organisms.
The City collaborates with Clean Water Services (CWS), the surface water
management and sanitary sewer system utility for urban Washington County,
to protect local water resources. Through CWS Design and Construction
Standards, local governments in the Tualatin Basin (including Tigard) developed
a unified program to address water quality and flood management requirements
for Title 3 of Metro's Urban Growth Management Functional Plan.
In 2002, the City of Tigard adopted regulations restricting development within,
and adjacent to, sensitive water resource areas, including streams, through
standards in the CWS Design and Construction Standards. The CWS standards
provide for vegetated corridor buffers, ranging from 15 to 200 feet wide, and
mandate restoration of corridors in marginal or degraded condition. In addition,
land-use applicants proposing development near streams and wetlands are
required to prepare a site assessment and obtain approval from CWS prior to
submitting a land use application to the City.
5-4 City of Tigard Comprehensive Plan
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NATURAL RESOURCES AND HISTORIC AREAS
Additionally, the Tigard Community Development Code (18.775) contains a
chapter devoted to the protection of sensitive lands, including natural drainage-
ways, wetlands, and the 100-year floodplain, by requiring applicants proposing
development within a sensitive area to obtain a permit for certain activities
depending on their nature and intensity.
The City of Tigard also collaborates in implementing Clean Water Services'
Healthy Streams Plan (June 2005). The goal of this plan is to improve watershed
and stream health for community benefit by recommending a number of policy
and program refinements, as well as outlining a capital projects program. The
capital projects focus on stream preservation and enhancement, flow restoration,
community tree planting, stormwater outfall and culvert replacement.
Groundwater
The importance of groundwater to the community is twofold. First, it serves
the function of naturally replenishing surface waters such as wetlands, streams,
and lakes. This helps provide vital habitat for aquatic organisms and wildlife.
Secondly, it is a source of clean water to help meet human water needs for
drinking, household use, commercial/industrial use, and irrigation.
The western portion of the City of Tigard is located above the Cooper
Mountain/Bull Mountain Critical Groundwater Area. The Critical Groundwater
Area was declared in 1973 in response to heavy pumping and the slow rate of
recharge. This is significant because the City owns water rights to withdraw
groundwater from the aquifer and it was once an important source of drinking
water. Currently, the City of Tigard Water Division has one groundwater well in
operation that is available to supplement the drinking water supply in times of
high demand. The Water Division has also developed Aquifer Storage Recovery
wells that allow potable water to be injected into the aquifer during the winter to
supplement the summer high demands.
Historic and Cultural Resources
In 1984, the City adopted a Cultural Resource Overlay District to manage signif-
icant historic resources. Section 18.740 of the Community Development Code
governs the application and removal of the district overlay, the primary purpose
of which is to facilitate the protection, enhancement, and conservation of land-
marks and historic and cultural sites and areas. Under state law (ORS 197.772)
enacted in 1995, a local government is required to allow a property owner to
Comprehensive Plan City of Tigard 5_5
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NATURAL RESOURCES AND HISTORIC AREAS
remove a historic property designation that was imposed by the local govern-
ment; in addition, the property owner may refuse to consent to the designation
at any time in the process, thus removing the property from consideration for all
but the National Register of Historic Places. The implication of the statute and
rule for Tigard's current historic code provisions is that if the property desig-
nation does not have owner consent, the provisions are no longer relevant or
enforceable.
Local conservation efforts can be combined with the National Register of
Historic Places (the National Register), a list of cultural resources of national,
regional, state, or local significance that is kept by the Department of the
Interior's POI) National Park Service (NPS). Being listed on the Register does
not protect a property from demolition, but it does document and evaluate the
property's historic significance based on National Register criteria and makes the
property eligible for federal grants when available, including rehabilitation tax
credits.
Many of the cultural resources associated with the original development of
the Tigard area have not survived the City's growth during the last forty years.
Improvements to Hwy 99W also contributed to the demise of the City's
resource base. Those resources that survived include a mix of residential, educa-
tional, and commercial buildings.
Currently, nine resources have the overlay designation. Two sites, the John F.
Tigard House and the Shaver-Bilyeu House, are listed on the National Historic
Register. The only property from which the overlay has been removed was the
Tigard Feed and Garden Store when the owner initiated the removal request.
Chapter 18.740 of the Community Development Code requires that if an
overlay property receives approval for demolition, a condition of approval
will require submittal of a graphic and pictorial history and artifacts to the
Washington County Museum.
KEY FINDINGS:
■ City sustainability programs will be evaluated for inclusion in the Capital
Improvement Plan and may have an impact on future building renovations
as it relates to the Tigard Community Development Code.
■ The citizens of Tigard are concerned about population increases and the
impact upon the community.
5-6 City of Tigard I Comprehensive Plan
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NATURAL RESOURCES AND HISTORIC AREAS
■ Clean Water Services' Design and Construction Standards establish a vege-
tated corridor buffer adjacent to the City's streams to protect water quality;
the City adopted these standards in 2002.
■ In addition to contributing to the general
aesthetic quality of the area, streams and "Roughly 98%
the adjacent riparian areas perform several
ecological functions. of the City's
■ Roughly 98% of the City's wetlands are wetlands are
classified as "locally significant wetlands," classified
per procedures outlined under OAR
141-086. as "'locally
■ The Tigard Community Development significant
Code requires Sensitive Lands Review for wetlands.
any development which would impact
significant wetlands or the vegetated
corridor buffer to wetlands.
■ Wetlands may be adversely affected by human activities such as encroach-
ment through development, alterations to natural drainage patterns, pollu-
tion, and the introduction of nuisance plant species.
■ Based on the Economic, Social, Environmental and Energy (ESEE) analysis
conducted by the Tualatin Basin Partners for Natural Places, 588 acres of
the inventoried regionally significant habitat was designated as "strictly
limit," 370 acres was designated as "moderately limit" and 422 acres was
designated as "lightly limit."
■ In December 2006, the City of Tigard adopted voluntary Habitat Friendly
Development Provisions (Ordinance 06-20) that encourages the protection
of habitat with the use of low impact development practices.
■ The Critical Groundwater Area on Cooper Mountain and Bull Mountain
was declared by the State of Oregon in 1973 and restricts the withdrawal of
groundwater on the western half of the City.
■ Groundwater wells currently in operation are limited to one traditional well
and two aquifer storage recovery (ASR) wells.
Comprehensive Plan City of Tigard 5_7
0
NATURAL RESOURCES AND HISTORIC AREAS
■ In 1984, the City adopted a Historic Overlay District to manage significant
historic resources.
■ In 1995, ORS 197.772 required local governments to allow a property owner
to remove a historic property designation that was imposed by the local
government. The implication for Tigard's current historic code provisions is
that if the property designation does not have owner consent, the provisions
are no longer relevant or enforceable.
■ Nine resources have the overlay designation. Two sites, the John F. Tigard
House and the Shaver-Bilyeu House, are listed on the National Historic
Register; only the Tigard house has the Historic District overlay.
■ The citizens of Tigard value trees and natural resources and feel that
protecting these resources will benefit the community.
■ The citizens of Tigard are concerned about the impact of growth on the
community's natural resources.
GOAL:
5.1 Protect natural resources and the environmental and ecological func-
tions they provide and, to the extent feasible, restore natural resources to
create naturally functioning systems and high levels of biodiversity.
POLICIES:
1. The City shall protect and, to the extent feasible, restore natural
resources in a variety of methods to:
A. contribute to the City's scenic quality and its unique sense of place;
B. provide educational opportunities, recreational amenities, and buff-
ering between differential land uses;
C. maximize natural resource functions and services including fish and
wildlife habitat and water quality; and
D. result in healthy and naturally functioning systems containing a high
level of biodiversity.
2. The City shall demonstrate leadership in natural resource protection
5'8 City of Tigard Comprehensive Plan
0
NATURAL RESOURCES AND HISTORIC AREAS
through the use of sustainable building practices and low impact devel-
opment strategies, to the extent feasible, on all City projects.
3. The City shall provide options to conventional construction and site
planning techniques, and incorporate sustainable and low-impact
building and site planning technologies into City codes and standards as
they become available.
4. The City shall actively coordinate and consult with landowners, local
stakeholders, and governmental jurisdictions and agencies regarding the
inventory, protection, and restoration of natural resources.
5. The City shall utilize periodic assessments of the effectiveness of the
City's programs and regulatory structures to guide future decisions
regarding natural resource protection, management, and restoration.
6. The City shall utilize incentives or disincentives, to the extent feasible,
to discourage property owners from removing or degrading natural
resources prior to application for development or annexation.
7. The City shall protect riparian and upland habitats, to the maximum
extent possible, and restore them, to the extent feasible, on both public
and private lands.
8. The City shall protect and, to the extent feasible, restore the diverse
ecological and non-ecological functions and services of streams,
wetlands, and associated riparian corridors.
9. The City shall implement measures to protect groundwater.
10. The City shall complete and, concurrent with the periodic review of
the Comprehensive Plan, Metro Programs, or as necessary, update and
improve its baseline inventory of natural resources to reflect changing
conditions, standards, and community desires.
11. The City shall assist landowners in the protection of natural resources
through diverse methods including, but not limited to: education, incen-
tives, planned development standards and regulations, and conservation
easements.
Comprehensive Plan City of Tigard 5_9
e
a
NATURAL RESOURCES AND HISTORIC AREAS
12. The City shall develop and implement standards and procedures that
mitigate the loss of natural resource functions and services, with priority
given to protection over mitigation.
13. The City shall identify, preserve, and create linkages between wildlife
habitat areas, to the extent feasible, as a key component of parks, open
space, and surface water management plans.
RECOMMENDED ACTION MEASURES:
i. Identify and inventory locally significant habitats and plant commu-
nities not included in the Nature in Neighborhoods and Tualatin
Basin Natural Resources Coordinating Committee studies.
ii. Utilize an adaptive management approach that seeks to improve
natural resource standards and programs by establishing a measur-
able baseline condition and desired end goals, periodically measuring
the success of existing city actions against those goals, and making
corrections as necessary to improve success.
iii. Inventory and preserve small perennial streams as natural resources
for their contributions to fish and wildlife habitat.
iv. Inventory and preserve locally significant tree groves not considered
regionally significant habitat.
v Periodically identify and take steps to improve the effectiveness of
existing natural resource protections with the Development code.
vi. Continue membership and active involvement with nonprofit and
government agencies such as the Tualatin Basin Natural Resources
Coordinating Committee.
vii. Incorporate bioregional conservation strategies, such as those identi-
fied in the Oregon Conservation Strategy and Clean Water Service's
Healthy Streams Plan into regulations and restoration programs.
viii. Utilize indicators of biodiversity as a measure of the quality and
health of natural resource systems, and as a measure of success of
City actions and strategies.
5-10 City of Tigard Comprehensive Plan
0
e
NATURAL RESOURCES AND HISTORIC AREAS
ix. Implement a program to assist the state in identifying and canceling
unused water rights within Tigard for the purpose of stabilizing or
reducing surface and groundwater diversion and extraction.
x. Protect and restore natural resources through a variety of methods
including, but not limited to, the use of development and land
management regulations and incentives; acquisition of land
and conservation easements; educational outreach; and external
partnerships.
xi. Implement land use regulations and standards that protect and
restore essential habitat elements that satisfy the food, water, shelter,
mobility, and reproductive needs of fish and wildlife.
xii. Implement outreach and regulatory programs to identify and remove
invasive species that threaten habitat areas.
xiii. Identify and implement measures to protect riparian vegetation
necessary for erosion control, water quality, and fish and wildlife
habitat.
xiv. Identify and implement measures to maintain and, where possible,
restore hydrologic systems and regimes that support fish and wildlife,
provide flood control, and enable natural recharge of groundwater
and other ecological and community benefits.
xv Work with regional and state agencies to identify and address poten-
tial sources of contamination.
xvi. Identify and implement measures to reduce the amount of imper-
vious surface area covering the City that prevents the natural
recharge of groundwater aquifers.
xvii Supplement or replace groundwater extraction with alternative
sources of water during periods of high demand.
xviii.Encourage the use of automatic sprinkler protection systems in all
buildings to reduce water consumption during fire-fighting opera-
tions and reduce runoff into adjacent natural resource areas.
Comprehensive Plan City of Tigard 541
I
e
NATURAL RESOURCES AND HISTORIC AREAS
xis. Develop and utilize incentives to foster private investment in green
building techniques and technologies.
GOAL:
5.2 Promote the preservation and protection of historically and culturally
significant resources.
POLICIES:
1. The City shall actively promote the protection and preservation of
historic and cultural resources and consider the development and imple-
mentation of new culturally significant resources, and cooperate with
organizations involved in their protection.
RECOMMENDED ACTION MEASURES:
i. Promote and publicize historic resources in the City.
ii. Support volunteer programs to preserve historic resources.
iii. Encourage rehabilitation and reuse of historic buildings to the extent
feasible.
iv. Consider holding City functions in historic buildings, where
appropriate.
v Support efforts to obtain historic designation at the city, county,
state, and national levels for public and private historic sites.
vi. Facilitate the development of appropriate economic options and
alternatives for historic and cultural resources and organizations
involved in their protection, when requested.
5-12 Cityof Tigard Comprehensive Plan
Attachment "2"
MEMORANDUM
00
ATIGARD
TO: Mayor Craig Dirksen and Members of City Council
FROM: John Floyd, Associate Planner
RE: Council Workshop - CPA2008-00003
DATE: June 18, 2008
At the July 1 City Council meeting, staff will present the proposed goals, policies, and
recommended action measures (see the end of this memo for definitions and obligations) for
the Natural Resources and Historic Areas section of the updated Comprehensive Plan (State
Planning Goal 5). The proposed language was approved and recommended by the Planning
Commission at the June 16 public hearing. Staff will discuss the proposed language, answer
questions, and provide any requested information that will help assist Council in making its
decision at the June public hearing.
Throughout the process of working with citizens, city departments, and the Planning
Commission, staff has stressed that proposed Comprehensive Plan language must be capable of
being implemented and in the interests of the whole community. Staff has also worked to
explain the implications of certain policy recommendations and, most of the time, the process
has achieved a consensus outcome. In staff's role as facilitators, we presented the best
professional advice possible to all involved and did not unilaterally change language, but
continually expressed whether or not to amend citizen recommendations is the role of the
Planning Commission to recommend and the City Council to decide upon.
The Planning Commission requested changes at two work sessions in May and two public
hearings on June 2 and 16, which are included in the Commission's recommendation to
Council. In general, these changes were made to streamline the language (it was found to be
overly specific in many instances), clarify its meaning and applicability, and ensure the City
CPA2008-00003 Attachment 2
City of Tigard 1 Natural Resources and Historic Areas
Attachment "T
retains enough flexibility to deal with the broad and ever-changing challenges that will be faced
by the City in coming years. A list of the changes is below with staff commentary following.
Goal
5.1 , and the eftvirenmental and eealagieal
a high level of biediver-gity. Protect natural resources and the
environmental and ecological functions they provide; and, to the extent
feasible, restore natural resources to create naturally functioning
5ystems and high levels of biodiversity.
Staff Comment: This goal was amended to provide more flexibility at implementation, and to acknowledge the fact
that any discussion regarding the restoration of natural resources needs to acknowledge the very real obstacles of money,
likelihood of successgiven thegoals at hand, logistics, and available technology.
Policies
1. The City shall protect and, to the extent feasible, restore natural resources in a
manner that w-ill a variety of methods to:
a. Contribute to the City's scenic quality-e€-Tiga-rd and its unique sense of place;
b. Provide educational opportunities, recreational amenities, and buffering
between differential land uses;
c. Maximize natural resource functions and des services including fish and
wildlife habitat and water quality; and
d. Result in healthy and naturally functioning systems containing a high level of
biodiversity.
Staff Comment: This goal was amended to provide more flexibility at implementation, and to acknowledge the fact
that any discussion regarding the restoration of natural resources needs to acknowledge the very real obstacles of money,
likelihood of successgiven the goals at hand, logistics, and available technology.
2. The Gity shall e reteet and restore natural r-egauf-eeg through -s
of develaptnent and land managenient regttla.i itiOfi Of land and
apse:
CPA2008-00003 Attachment 2
City of Tigard 2 Natural Resources and Historic Areas
Attachment "2"
Staff Comment: This policy was amended as part of a larger reorganitiation of the document that removed a lot of
unnecessary specifzcity out of the policy realm and into the list of recommended action measures.
3.
Policy 5.1.2 - The City shall demonstrate leadership in natural resource
protection through the use of sustainable building practices and low impact
development strategies, to the extent feasible, on all City projects.
Policy 5.1.3 - The City shall provide options to conventional construction and
site planning techniques, and incorporate sustainable and low-impact
building and site planning technologies into City codes and standards as they
become available.
Staff Comment: This policy was amended and split into two sections out of an acknowledgement that the City is not in
a position to require private development to utilitie sustainable and green technologies in all situations, particularly as a
result of jurzsdictions maintaining pre-emptive rrgulations on development (i. e. Clean Water Services, Tualatin Valley
Fire and Rescue, and the State Building Codes Division.
4. The City shall actively coordinate and consult with landowners, local
stakeholders, and governmental jurisdictions and agencies in regarding
the inventory, protection, and restoration of natural resources with
Staff Comment: This policy was amended for purposes of legibility.
5. The City shall utilize periodic assessments of the effectiveness of the City's
programs and regulatory structures to in~rrn uide future decisions
regarding natural resource protection, management, and restoration.
Staff Comment: This policy was amended for purposes of legibility and darzty of meaning.
CPA2008-00003 Attachment 2
City of Tigard 3 Natural Resources and Historic Areas
Attachment "T
6. The City shall utilize incentives or disincentives to the extent
feasible, to pr-even discourage property owners from removing or
degrading natural resources prior to application for development or
annexation.
Staff Comment: This policy was amended to improve clarity of meaning and application.
7. The City shall preserve protect riparian and upland habitats, to the
maximum extent possible, and to the extent feasible, restore them
. I lian and upl-and habits far- fish and wildlife to the maxifnwn exteft
possible to the extent feasible, on both public and private lands.
dough!.
a. band use regulations and standards that preteet and reqtare essential habit*t
needs of fish and . _ildI4. .
b.hand ttse regt4ations and standards that naitigate the less of habitat elemen
Staff Comment: This policy was amended to improve clarity of meaning and application. In
addition, overly specific and repetitive language was removed and trap ferred into the list of
recommended action measures.
8. The City shall rotect and, to the extent feasible, restore
the diverse ecological and non-ecological functions and des services of
streams, wetlands, and associated riparian corridors. Strategies shag ,
but not be hniited ta!
a. Gampliftfiee with Feder-A, State and Regional r-egtdatiens a9 they apply -to
,
I 'lands, and assoeiated riparian b.Nfidgating the less of wetlands and their itsseeiated ftifietions and values as-*
re9tAf of development, with priatity eettan ever- ,
quality, and fish and wi4dlifie habitat-, an
CPA2008-00003 Attachment 2
City of Tigard 4 Natural Resources and Historic Areas
Attachment "2"
wildlife, provide flood eont±al, enable natutal reehatge of gf-aufidwatef, and
Staff Comment: This policy was amended to improve clarity of meaning and application. In
addition, overly specific and repetitive language was removed and transferred into the list of
recommended action measures.
9. The City shall eantinue implement measures to protect groundwater br..
a. Gefitift lk with regional and st to identify
preventg the natural r-eehar-ge of groundwater aquifers, and
Staff Comment: This policy was amended for purposes of legibility and clarity of meaning and
application. In addition, overly specific and repetitive language was removed and/or transferred into
the list of recommended action measures.
10. The City shall maintain and u6h5~e a complete and, concurrent with the
periodic review of the Comprehensive Plan, Metro Programs, or as
necessary, update and improve its baseline inventory of natural resources
through surveyq and maniter-in to reflect changing conditions, standards,
and community desires.
Staff Comment. This policy was amended for purposes of legibility and to strengthen the City's
obligation to establish and update a baseline inventory.
11. The City shall assist landowners in the protection of natural resources through
diverse methods including, but not limited to: education, incentives, planned
development standards and regulations, and conservation easements.
Staff Comment: This policy was amended to improve clarity of meaning and application.
12. The City shall develop and implement standards and procedures that
mitigate the loss of natural resource functions and services, with
priority given to protection over mitigation.
CPA2008-00003 Attachment 2
City of Tigard 5 Natural Resources and Historic Areas
Attachment "T
Staff Comment: Thi policy was created to establish a legislative requirement for mitigation, and the
City's strong preference for protection over mitigation.
13. The City shall identify, preserve and create linkages between wildlife
habitat areas, to the extent feasible, as a key component of parks, open
space, and surface water management plans.
Staff Comment: This policy was created to establish a legislative requirement for the City to
incorporate habitat planning into broader city actions wherefeasible.
Recommended Action Measures
ll.
Utilize an adaptive
management approach that seeks to improve natural resource
standards and programs by establishing a measurable baseline
condition and desired end goals, periodically measuring the success of
existing city actions against those goals, and making corrections as
necessary to improve success.
vi. Periodically evaittate identify and make steps to improve the effectiveness
of existing natural resource protections with the Development code
Viii. identify oppartunities f6f, and eneamage the use af,~ habitat friendly
ix. Incorporate bioregional conservation strategies, such as those identified in the
Oregon Conservation Strategy and Clean Water
Service's Healthy Streams Plan into regulations and restoration programs.
xi.
Fb- residential and eammereial uses. Implement a program to
extraetieft assist the state in identifying and canceling unused water rights within
Tigard for the purpose of stabilizing or reducing surface and
groundwater diversion and extraction.
CPA2008-00003 Attachment 2
City of Tigard 6 Natural Resources and Historic Areas
Attachment "T
xii. Protect and restore natural resources through a variety of methods
including, but not limited to: the use of development and land
management regulations and incentives, acquisition of land and
conservation easements, educational outreach, and external
partnerships.
xiii. Implement Land use regulations and standards that protect and restore
essential habitat elements that satisfy the food, water, shelter, mobility,
and reproductive needs of fish and wildlife.
xiv. Implement outreach and regulatory programs to identify and remove
invasive species that threaten habitat areas.
xv. Identify and implement measures to protect riparian vegetation
necessary for erosion control, water quality, and fish and wildlife
habitat.
xvi. Identify and implemement measures to maintain and, where possible,
restore hydrologic systems and regimes that support fish and wildlife,
provide flood control, enable natural recharge of groundwater, and
other ecological and community benefits.
xvii. Work with regional and state agencies to identify and address potential
sources of contamination.
xviii. Identify and implement measures to reduce the amount of impervious
surface area covering the City that prevents the natural recharge of
groundwater aquifers.
xix. Supplement or replace groundwater extraction with alternative sources
of water during periods of high demand.
xx. Encourage the use of automatic sprinkler protection systems in all
buildings to reduce water consumption during fire-fighting operations
and reduce runoff into adjacent natural resource areas.
CPA2008-00003 Attachment 2
City of Tigard 7 Natural Resources and Historic Areas
Attachment "2"
xxi. Develop and Utilize Incentives to fostor private investment in rg een
building techniques and technologies.
Historic Area Policies
5.2.1 The City shall actively promote the protection and preservation of historic and
cultural resources and consider the development and implementation of
new culturally significant resources and cooperate with organizations
involved in their protection.
Staff Comment: This policy was amended following deliberation by the Planning Commission on the
importance of recognitiing new cultural institutions and landmarks that may not be "historic "just
yet.
Recommended Action Measures
iii. Encourage reatft l rehabilitation and reuse of historic buildings to the extent
feasible, .
vi. Facilitate the development of appropriate economic options and alternatives
for historic and cultural resources and organizations involved in their
protection, when requested.
Draft Comprehensive Plan Definitions
The following are draft definitions associated with this chapter of the Comprehensive Plan.
While not proposed for adoption as part of this legislative amendment, they are relevant to
the amendment and as such staff wishes to include them for discussion.
Biodiversity - The full range and variety and variability within and among organisms and
the ecological complexes in which they occur, and encompasses ecosystem or community
diversity, species diversity, and genetic diversity.
Clean Water Services (CWS) - A public utility committed to protecting water resources in
the Tualatin River Watershed through innovative wastewater and stormwater services, flood
management projects, water quality and stream enhancement projects, fish habitat
protection, and more.
CPA2008-00003 Attachment 2
City of Tigard 8 Natural Resources and Historic Areas
Attachment "2"
Encourage - support, advocate, or take affirmative action to achieve a particular
community objective.
Feasible - reasonably capable of being done, executed, or effected with the means at hand
and circumstances as they are; practicable.
Functions and Services - This definition is limited to natural resource functions and
services. Functions refers variously to the physical, chemical, and biological processes or
attributes that contribute to the self-maintenance of a natural system. Some examples of
ecosystem functions are provision of wildlife habitat, carbon cycling, or the trapping of
nutrients. Services represent the benefits human populations derive, directly or indirectly,
from ecosystem functions. Some examples of ecosystem services are support of the food
chain, harvesting of animals or plants, and the provision of clean water or scenic views.
Functions and services do not necessarily demonstrate a one-for-one correspondence due to
the interrelated nature of many functions and services.
Goal - A general statement indicating a desired end or the direction the City will follow to
achieve that end.
Habitat - An area upon which fish and/or wildlife depends in order to meet their
requirements for food, water, mobility, security, and reproduction.
Healthy Streams Plan - Approved by CWS in June 2005, the goal of the plan is to utilize
scientific knowledge and innovation to improve watershed and stream health for community
benefit.
Historic and Cultural Resources - Historic and prehistoric sites, structures, districts,
landscapes, objects, and other evidences of human activities that represent facets of the
history, or ongoing cultural identity, of the Nation, Oregon, and/or Tigard.
Impervious Surface - A solid surface, such as streets, parking lots, and roofs that prevents
rain from being absorbed into the soil, thereby increasing the amount of water runoff that
typically reaches a receiving stream.
Low Impact Development (LID) Practices - An approach to land development that uses
CPA2008-00003 Attachment 2
City of Tigard 9 Natural Resources and Historic Areas
Attachment "T
various land use planning and design practices and technologies to simultaneously conserve
and protect natural resource systems and reduce infrastructure costs. LID still allows land to
be developed, but in a cost-effective manner that helps mitigate potential environmental
impacts.
Natural Resources - Resources and natural resource systems identified in Statewide
Planning Goal 5 including fish and wildlife habitats; wetlands; streams and associated
riparian corridors; groundwater; and rare and endangered fish and wildlife, plants, and plant
communities.
Natural Systems - interactive, interrelated, and interdependent elements forming a
complex whole that exists in or is formed by nature. Hydrologic and ecological systems are
two examples.
Nature in Neighborhoods Program - A Metro region conservation initiative that brings
people and government together to ensure a healthy urban ecosystem. The initiative will
align the region's conservation programs behind a strategic effort to protect clean water and
healthy natural areas for fish, wildlife and people. It will add more hands-on capacity for
conservation education and habitat restoration.
Policy - A statement identifying Tigard's position and a definitive course of action. Policies
are more specific than goals. They often identify the City's position in regard to
implementing goals. However, they are not the only actions the City can take to accomplish
goals.
Promote - support, advocate, or take affirmative action to achieve a particular community
objective.
Recommended Action Measure - A statement which outlines a specific City project or
standard, which if executed, would implement goals and policies. Recommended action
measures also refer to specific projects, standards, or courses of action the City desires other
jurisdictions to take in regard to specific issues. These statements also define the relationship
the City desires to have with other jurisdictions and agencies in implementing
Comprehensive Plan goals and policies.
Regionally Significant Habitat - Areas containing significant fish and wildlife habitat as
CPA2008-00003 Attachment 2
City of Tigard 10 Natural Resources and Historic Areas
Attachment "2"
identified and periodically updated though the Metro Nature in Neighborhoods Program.
Riparian Corridor - Water areas, fish and wildlife habitat, wetlands, and adjacent riparian
areas that consist of the zone of transition from an aquatic ecosystem to a terrestrial
ecosystem; see also stream corridor.
Riparian Habitat - Habitat areas located within, and dependant upon the unique habitat
elements provided within, a Riparian Corridor.
Upland Habitat - All habitats beyond a riparian corridor.
Sensitive Lands - As defined in Chapter 18.775.010.G of the City of Tigard Community
Development Code.
Stream Corridor - Area adjacent to a perennial or intermittent creek or river that protects
the water quality functions of the stream as well as fish and wildlife habitat.
Sustainable (Sustainability) - Using, developing and protecting resources at a rate and in a
manner that enables people to meet their current needs and also provides that future
generations can meet their own needs. Sustainability requires simultaneously meeting
environmental, economic and community needs.
Wetland - An area that is inundated or saturated by surface water or groundwater at a
frequency or duration sufficient to support, and that under normal circumstances does
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Definitions and Obligations of Goals, Policies, and Recommended Action Measures
Tigard Comprehensive Plan
Comprehensive Plan goals, policies, and recommended action measures have different
definitions and impart different obligations to decision makers. They also relate differently to
one another. The following describes goals, policies, and recommended action measures in
greater detail.
Goals, policies, and recommended action measures identify the intent of the City to
CPA2008-00003 Attachment 2
City of Tigard 11 Natural Resources and Historic Areas
Attachment "2"
accomplish certain results. The goals and policies relate to one another and are obligations
the City wishes to assume. Recommended action measures support the obligations to
achieve a desired end, but do not signify an obligation themselves.
Goal
Definition - A general statement indicating a desired end or the direction the City will follow
to achieve that end.
Obligation - The City cannot take action which violates a goal statement unless:
1. Action is being taken which clearly supports another goal.
2. There are findings indicating the goal being supported takes precedence (in the
particular case) over another.
Policy
Definition - A statement identifying Tigard's position and a definitive course of action.
Policies are more specific than goals. They often identify the City's position in regard to
implementing goals; however, they are not the only actions the City can take to accomplish
goals.
Obligation - The City must follow relevant policy statements when amending the
Comprehensive Plan, or developing other plans or ordinances which affect land use. To
amend the Comprehensive Plan, the City must show consistency with the Statewide Land
Use Goals. Such an amendment must take place following prescribed procedures prior to
taking an action that would otherwise violate a. Plan policy.
Recommended Action Measures
Definition - A statement which outlines a specific City project or standard which, if
executed, would implement goals and policies. Recommended action measures also refer to
specific projects, standards, or courses of action the City desires other jurisdictions to take in
regard to specific issues. These statements also define the relationship the City desires to
have with other jurisdictions and agencies in implementing Comprehensive Plan goals and
policies.
Obligation - Completion of projects, adoption of standards, or the creation of certain
relationships or agreements with other jurisdictions and agencies, will depend on a number
of factors such as citizen priorities, finances, staff availability, etc.
CPA2008-00003 Attachment 2
City of Tigard 12 Natural Resources and Historic Areas
Attachment "2"
The City should periodically review and prioritize recommended action measures based on
current circumstances, community needs, and the City's goal and policy obligations. These
statements are suggestions to future City decision-makers as ways to implement the goals
and policies. The listing of recommended action measures in the plan does not obligate the
City to accomplish them. Neither do recommended action measures impose obligations on
applicants who request amendments or changes to the Comprehensive Plan. The list of
recommended action measures is not exclusive. It may be added to, or amended, as
conditions warrant.
CPA2008-00003 Attachment 2
City of Tigard 13 Natural Resources and Historic Areas
ATTACHMENT 3
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
June 2, 2008
1. CALL TO ORDER
President Inman called the meeting to order at 7:03 PM. The meeting was held in the Tigard
Civic Center, Town Hall, at 13125 SW Hall Blvd.
i
2. ROLL CALL
Commissioners Present: President Inman, Commissioners: Anderson, Doherty, Hasman,
Muldoon, and Vermilyea
Commissioners Absent: Caffall, Fishel, Walsh
Staff Present: Ron Bunch, Assistant Community Development Director; Greg Berry, Project
Engineer; John Floyd, Associate Planner; Darren Wyss, Associate Planner; Doreen Laughlin,
Administrative Specialist II
I
3. COMMUNICATIONS - None. r
I
4. APPROVE MEETING MINUTES
There was a motion by Commissioner Vemiilyea, seconded by Commissioner Hasman, to
approve the May 19, 2008 meeting minutes as submitted. The motion carried as follows:
AYES: Anderson, Doherty, Inman, Muldoon, Vermilyea, Walsh
NAYS: None
ABSTENTIONS: Hasman
EXCUSED: Caffall, Fishel
5. RECOMMENDATION - Renaming of SW Alpine View
I
The following commissioners reported site visits: Commissioners Vermilyea and Hasman.
Greg Berry, Project Engineer, presented the staff report on the City's behalf. He reported that
this was a request to the Planning Commission to recommend that City Council approve or
disapprove the proposed name change of SW Alpine View to SW Alpine View Drive. He
went on to explain what was written in the staff report (Exhibit A).
6
i
t
i
PLANNING COMMISSION MEETING MINUTES -June 2, 2008 - Page 1
I:LLRPLMDoreeMPC1PC PaMels for 200810-0208 Public Hearing and recommendelionupc 6-2.08 Minutes Coc j
fyfas meeting, In Its entirely, is available on CD, and retained at Cily of Tgard Public Records.
4
t
1
i
i
After the presentation, there was a motion by Commissioner Vermilyea as follows:
"I move we recommend to approve the name change as proposed by the City." Commissioner
Hasman seconded the motion. The motion carried as follows:
!
AYES: Anderson, Doherty, Hasman, Inman, Muldoon, Vermilyea
NAYS: None
ABSTENTIONS: Fishel
EXCUSED: Caffall, Walsh
6. PUBLIC HEARING
6.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00003
Tigard Comprehensive Plan Update Pertaining to Statewide Planning Goal 5:
Natural Resources and Historic Areas REQUEST: To amend the current
Comprehensive Plan to include goals, policies and recommended action measures to reflect
current community conditions and values relating to Tigard's Natural Resources and
Historical Areas. The complete text of the proposed Amendment can be viewed on the
City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide.
ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen
Involvement, Environmental Quality, Hazards, Public Facilities and Services, and Natural
Features and Open Spaces; Metro Functional Plan Titles 3 and 13; and Statewide Planning j
Goals 1, 2, 5, 6, 7 and 11.
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President Inman opened the Public Hearing portion of the meeting. Associate Planner, John i
Floyd, presented the staff report on behalf of the City. Floyd advised the commission that
they are entering the public hearing phase of the Natural Resources and Historic Areas
Comprehensive Plan Amendment (CPA2008-00003). He said staff is seeking approval of
changes to Section 3 of the existing Comprehensive Plan pertaining to Statewide Planning j
Goal 5. Two memorandums had been distributed for their review. He noted that one of
them (Exhibit B) includes additional language to be removed because of this amendment, "
and corrects an oversight in the original packet. The second (Exhibit C) contains two pieces s
of correspondence received by staff subsequent to distribution of the packet. He reminded i
those present that this hearing follows multiple Policy Interest Team (PIT) meetings and two
Planning Commission Workshops on the contents therein. He said staff has responded to
feedback received at the workshops, with changes noted in Attachment "A" of the packet.
Floyd reported that staff recommends that the Planning Commission finds this request to
meet the necessary approval criteria. And further, staff recommends that the Planning
Commission make a recommendation to Tigard City Council that it amend the Tigard
Comprehensive Plan as determined through the public hearing process.
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At this point President Inman opened up the meeting to questions from the commissioners.
The following questions were asked - answers are in italics:
• One of the commissioners referred to Sue Beilke's email (Exhibit C) and questioned
whether the policy shouldn't be broken down into separate sections as suggested. It's
more a matter of formatting. I believe there's equal regulatory wei~bl and power in both formats. It's
just that during the process a lot of the language seemed to be very repetitive.
• Why isn't the term "uplands" mentioned? We should make sure it gets included in
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the definition so it is understood. Verygood point, tbankyou. t
• Is there a problem using the verbiage protect, preserve and restore? The language in
AttachmentA speaks to "protect and restore. " We did a survey of many donuments and the phrase
`protect and restore" and `protect, preserve and restore "are interchangeable in the documents we
looked at It was chosen for the sake of simplicity. It means the same thing.
• Are there fiscal restraints with restoring? Yes - it would be dependent on the situation.
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• So, in other words, if you've got a policy to "restore" and you don't have the funds to
restore, then, is it enforceable at all? I think the phrasing "to the extent feasible"is in this
document and, in the "Definitions" section, we define the word `feasible. "Feasible is defined as
"reasonably capable of being done, executed, or effected with the means at hand and circumstances as
they are; practicable. "
• Do you know whether the City has budgeted money for stream restoration? The City
has some funds for stream restoration and some of the monies we get through partnerships with Clean
Water Services. There are some physical restraints for restoration, for example, if a developer worked
on a site that had remnants of a very high valued wetland that had been previously graded, it all
depends on howyou interpret restore. Implementation of "restore" is highly dependent on the ability to
actually get it done. Taken to the extreme, it could be extremely expensive and very difficult to do
and could pose a burden on both the City and the developers. So there is, indeed, a feasibility
component of restoration.
At this point, the commissioners turned their attention to Sue Beilke's email regarding j
adding definitions.
One of the commissioners recommended taking out the word "inventoried" in the
definition and staff agreed that it could be taken out. There was more discussion regarding
the other definitions that had been raised by Ms. Beilke.
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PUBLIC TESTIMONY
PROPONANTS:
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John Frewing - 7110 SW Lola Lane, Tigard, drew a picture on the whiteboard for later
reference. He said he agrees with Ms. Beilke in several regards and that he had several key
comments to make. 1
Cominent 1 - Frewing talked about the generality of the policies. He said there should be
more specificity and clear policies.
Comment 2 - Frewing spoke about riparian areas. He believes the area of interest needs to
be broadened to include the "channel migration zone." He referred to the drawing on the
board (Exhibit D) saying it was a rough drawing of such a zone. He said the stream was in
the dip in the center and the broad flat area near the stream is the channel migration zone
where the stream will change from year to year or decade to decade. He thinks this should be j
included in the new Comp Plan and added to the sensitive areas to be protected - from not
only flooding, but also landslides.
Comment 3 - He suggested that the Planning Commission direct staff to reference the
current maps, tables, charts, whatever, that provide inventories and, if staff wants to update
those things, great. However, let us name the documents that are to be created so we can see
what we are.going to have to make decisions on. f
Comment 4 - In a previous workshop I asked that the Comp Plan mandate the creation of
overlay zones in the City for natural resource protection - whether wetlands, timbered areas,
whatever and I've not seen that implemented. I would testify that I think that's a good idea
and I think other cities do it. It's feasible, if you will.
Comment 5 - There should be provision regarding natural resources for citizen enforcement I
action. Citizens can have a role in enforcement. This should be in the Comp Plan.
Comment 6 - In the sustainable sites document used by Metro it doesn't use the word
"people". Sustainable means sustainable to everything - not just sustainable to people. I
think when you use the word sustainable, it should be broadened to include more than
people.
Comment 7 - There should be some sort of citizen enforcement. There are a variety of legal
things in our country where citizens can have a role in enforcement and I think Tigard is
limited in its capability of enforcement and should have some provision for this in the Comp
Plan. With regard to Natural Resources, the 1972 Federal Water Quality Act includes specific
provisions for citizen enforcement - reporting violations, discharges, and so forth. Those
kinds of things should be specifically included in this Comp Plan.
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At this point President Inman opened it up to questions of Mr. Frewing. Following are the
questions by the Commissioners (italics are answers by Frewing.)
What more specific policies would you have us put into what we already have?
I'd be glad to provideyou with a recommended list. I would askyou to commit to do something more than
(reference Goal 5.1 policy 4 -bottom of page 3 of 20) "actively coordinate and consult with landowners, etc. "
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- IFIhat does "coordinate and consult" mean? No idea. Tell me whatyou're going to do. Be more specific.
.And Coal 5.1 Policy 13 - create linkages? I think you should say you'll place a priority on properties, on
sites, that create linkages. It's so general it's not useful to me. I believe it needs more work before going to
Council.
Please explain what you mean by citizen enforcement. Its citi.Zens initiating actions that have to be
acted on by authorities.
OPPONENTS:
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Eric Lindstrom, 6801 SW Canyon Crest Drive, Portland, OR, regarding Policies 1 & 3,
Mr. Lindstrom read a letter he'd written verbatim for the record (Exhibit E).
Following are questions from the commissioners - italics indicate Lindstrom's answers:
With respect to policy 3 when you refer to "Using a hammer when necessary" - what would
you suggest we do that is more than "strongly encouraging"? I assume you understand that
the City is somewhat circumscribed in its ability to force technology on developers, but I'm
open to suggestions in terms of what we can do that is more than strongly encouraging using
those kinds of technologies, without getting into mandating a particular type of building 4
technology, for example.
Look for new language - be creative and sensitive a.ryou move forward. Set a leadership tone - not a
minimum. It need-r personality. It shouldn't be "empty" so that its "safe. " Be specific when you CAN be
specifc. I don't believe public documents have to be empty just so they can be "safe. "A lot of whatgot
stricken from the original document probably shouldn't have been struck - it should simply be updated.
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Sue Beilke,11755 SW 1141h Place, Tigard, OR, referred to her email dated June 2, 2008
(Last page of Exhibit C). She said she'd submitted several comments both in writing and at
previous workshops. She said she would not go over those again but would summarize I
some things and answer a question that one of the commissioners had asked about earlier.
She noted that at the original Natural Resource Committee meeting, they had at least 5 goals
and associated policies. At the second meeting, it was reduced to one goal and associated i
policies - lumped all together. She said the committee was not responsible for that - staff
was - and that she and the rest of the committee did not agree with that, nor like it. She said
she was very unhappy with that - which is why she was speaking once again as an opponent.. 1
She referred to an inventory that is not complete. She said much of it is what Metro did.
She said there are many areas that no one's walked thru and need to be on an inventory. She
spoke about sensitive habitats, noting that on the current Comp Plan it reads "The City shall
designate areas of value for their fragile character" - in other words, "sensitive habitats." She
wants this to be addressed in the new Comp Plan. She spoke about the wording "where
feasible - where appropriate" and doesn't believe those words are necessary.
Beilke addressed the question of whether the word "rare" is in the Comp Plan and said that,
yes, it. is there - in the Parks section. She expressed concern that the "definitions" section
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had not been worked on or looked at by the public yet. ["Introduction & Definitions" is on
the schedule for a workshop and will have a public hearing in the near future as well.] Beilke
also would like the word "Services" taken out and the word "values" put back in.
Following are questions from the commissioners - answers are in italics:
How many meetings were there on Natural Resources? Floyd answered: There were three
meetings scheduled -people attended two of them.
Sue, are you suggesting we table this section until all the resources are inventoried? That's how i
I would do it; however, I think you could deal with this issue by making sure you have veg specific policies
that address this issue. You could get this done within oneyear.
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No one will disagree that getting an inventory is important but I don't see a timeline such as
you suggest as feasible, remember, this is a 20 year document. You could hire an undergraduate
to do it as their senior thesis -get someone good -they could work with City staff. Since this was written
we've lost most of our urban forest.
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Beilke asked, "If this is not the place for a timeframe, what is the appropriate place?" One
of the commissioners asked. What are action measures for? Do they have to be complied
with? Ron Bunch, .Assistant Community Development Director, answered - They setfor7h the
work plan by which you implement the Comprehensive Plan. Along that line, we have several responses to the
question of inventory. At some time, we'd like to talk about the whole process of inventorying and what's
required and also emphasis it's as much a budget issue as stafs willingness to do this. "
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Beilke said in conclusion, "Some of this is good, but what we have would not meet goal 5 !
requirements."
9:03pm - PUBLIC HEARING CLOSED
DELIBERATIONS:
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After much discussion, President Inman summed up the deliberations to that point by saying
there appear to be three main issues 1) Time; 2) Formatting and specificity; and 3) Use of the
language "extent feasible" She noted that those are the "big" issues - from there we get into i
things that could be more easily "fixed" to reach a conclusion. She wondered whether the
Planning Commission is at a point where they should postpone this and backtrack. "Not I
that I want to derail getting the Comp Plan done, but do we feel ready to progress on this E
tonight or are we actually at the point where we would want to postpone this, do more
workshops, and maybe backtrack this?" Commissioner Vermilyea said there's a bigger
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picture of what we're trying to accomplish. I don't believe I'm ready to vote on this. If I
were to vote, I'd vote no, if, for no other reason, than to force us to work on it some more.
President Inman polled the commissioners as to whether they should move this forward.
The general consensus was to take a couple more weeks working on this section.
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Ron Bunch said it's very important that other interested parties be engaged in this as well.
He said, "If we take more time on this, what I'd like to do is broaden this discussion. Rather
than just have two or three people here, we need to get more people for example,
homebuilders, the real estate industry, and other development interests need to come into
this particular process. There are also other groups in the community including the Tualatin
River Basin Partners, and others that need to be engaged in this as well.
Commissioner Doherty said she didn't think there were a whole lot of major changes. She
summed up what she'd heard to be just a couple of issues:
1. There was good stuff in the old Comprehensive Plan - ones not included in this and
it was "meatier"; and
2. There's a need to add an "uplands" policy.
She said the rest appears to simply be on somebody's "wish list." It would be nice if we
could spend lots and lots of money on restoration and that kind of thing but I think what
we're looking at is a policy that we can actually go through and deal with. So what I heard
were those things. I'd like to look at the old policy and see what can be kept and then also
deal with uplands.
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Commissioner Vermilyea said he is concerned about the process. He said the citizens are not
happy with this... this is a disconnect. He said he thinks they need at least one more work
j session on this. Commissioner Hasman said if there's another session there should be a
vote. President Inman agreed saying she wasn't sure another work session would be
productive towards leading towards compromise as much as it's going to be an opportunity I
to reiterate again their opinions as to why it's not working. She said she'd rather see
something that is driven towards something that works versus a continued affirmation that it
just doesn't. She said we need to get to an answer. If we have to vote we'll be more
motivated to get to a point of making something work. !
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Ron Bunch said staff had taken detailed notes and will deal with existing policies, talk about
how to integrate those, and things in that general direction. So general themes will be dealt
with and brought back to the commission. John Floyd concurred with what Bunch had said 1
and added the uplands issue and the concept of the language "to the extent feasible." He
said they could. come back and talk about that in depth. Also, the language to provide
security that something will actually happen - that this isn't a repeat of what happened in
1983. Lastly, to bring to the discussion a broader group of interest groups who do business
here or have an interest in Tigard for whatever reason. Floyd asked whether there was
something he'd missed. One of the commissioners said he suggests the language "to the
extent feasible" be stricken from all of the policies in the document - he said that it weakens
the document. He would also like them to make policy 3 stronger in terms of directive and
see if they can come up with a stronger verb than "encourage" - recognizing that we only
have a limited ability (or none at all) to mandate the things that are talked about in that but
he empathizes with the testimony given with respect to that word and he would like to see
what could be done about that. In policy 10, he'd like to see the words "complete and"
inserted between "shall" and "periodically" - making it very clear that it is the policy of the
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City that we will have a complete baseline done. He said we could deal with the issue of
timing as appropriate. There was also some discussion about overlay.
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At 10:00pm it was decided to continue the Public Hearing on CPA2008-00003 to the June
16 Planning Commission meeting.
DELIBERATIONS CLOSED
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7. OTHER BUSINESS
Darren Wyss, Associate Planner, presented his May 23 memo (Exhibit F) and explained f
the matrix that was attached. There was discussion about whether or not to move the July
7th Planning Commission meeting as it follows the July 2 Joint meeting with Council so
closely. They decided to table that discussion to the June 16 meeting.
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8. ADJOURNMENT
President Inman adjourned the meeting at 10:15 pm.
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Doreen Laughlin, nistrati Specialist II
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ATTEST: President Jodie Inman
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" City of Tigard EXHIBIT B
Memorandum
To: Jodie Inman, President; and members of the Planning Commission
From: John Floyd
Re: Additional Language proposed for deletion in CPA2008-00003
Date: June 2, 2008
The purpose of this email is to supplement the packet distributed for the June 2, 2008 meeting of
the Planning Commission regarding CPA2008-00003. Staff inadvertently left out two existing
policies proposed for removal (listed and below), should the Comprehensive Plan
Amendment be approved.
EXISTING POLICIES
34A THE CITY SHALL NOT ALLOW nEVELOPME- 'TT-'."T-°JR€/1S HIVING TH€ r=nl I OWING
IlE\/EI OPMENT LIMITATIONS EXCEPT I.AWEEDE IT CAN' RC C1..1l1WN THAT CCTARI IC4.IEn
AAIII DDf\\/CAI ENGINEERING TF=GHNIf111CC DCI ATEII TO A SPEGICIG SITE PLAN WILL
MAKE HE AREA CI I~IT-ARBL€ FOR THE PROPOSED DEVELOPMENT, (NOTE; THIS POLIGY
DOES NOT e~DTLY TO LANDS DESIGNATE[) AS SIGNIFIGANT WETLANDS ON THE
AREAS MEMETING THE I,ECINITION OF WET-LANDS UNDER GHAPTER 16.26 OF THE
COMMUNITY DEVELOPMENT CODE-,
(Rev. QFd. 85 13j QFd. 84 3&)
THE CITY CHAI ALL PROHIBIT ANY LAND FROM ALTERATIONS OR DEVELOPMENTS IN THE
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.100 E F LB-ICE-S'Q'L ' IN ANY RISE IN ELEVATION OF THE
EXHIBIT C
City of Tigard
Memorandum
To: Jodie Inman, President; and members of the Planning Commission
From: John Floyd
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Re: Comments received from Oregon Department of Fish and Wildlife (ODFW)
and Sue Bielke regarding CPA2008-00003
Date: June 2, 2008
The purpose of this memo is to convey recent correspondence regarding the Natural Resources
Comprehensive Plan Amendment (CPA2008-00003). Subsequent to distribution of the packet for
June 2, 2008, staff received one letter and one email regarding CPA2008-00004. Both are attached
for your review and include the following:
➢ Letter from Mischa Connine, Oregon Department of Fish and Wildlife. May 28, 2008
➢ Email from Sue Bielkie, June 2, 2008 including one attachment f
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Oregon Department of Fish and Wildlife
The letter from ODFW of May 28, 2008 contained four comments. None of these comments
challenged the legitimacy of the document (i.e. its compliance with applicable regulations), each
being a suggestion on how the document might be strengthened from their perspective. A
summary and staff response is below:
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1. "The format of [the] layout is difficult to follow. It is recommended that for each Goal, the
Policies and Recommended Action [Measures] are grouped together."
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Staff Response: The format of this chapter is consistent with formatting chosen for the whole of the Comprehensive
Plan. Additionally, a Recommended Action Measure may satisfy several Policies and as a result the suggested
format would create unnecessary repetition within the document. Staff acknowledges the comment, but recommends
that the Planning Commission not adopt it.
2. "It is strongly recommended that fish and wildlife species are also identified as a resource." i
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Staff Response.- This recommendation exceeds the minimum requirements of Goal 5, and regional programs I
implemented through METRO and the Tualatin Basin Partnership, regarding the protection of natural resources i
insofar that specific fish and wildlife would be regulated in addition to habitat. The pro posed language contains
protections for fish and wildlife through the protection and restoration of both riparian and upland habitats
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including Goal 5.1 and Policies 1, 6, 7, 8, 11, 12, and 13. Furthermore, the proposed language would not
prohibit the City from implementing species specific protection and recovery plans at a future date, should that
become necessary. Staff acknowledges the comment, but recommends that the Planning Commission not adopt it.
3. "It is also recommended that the fish and wildlife habitat is separated into wetland and
upland habitats."
Staff Response: This recommendation would split Polity 5.1.7 into two policies, one addressing riparian habitat
and another addressing upland habitat. In subsequent conversation, ODFIY/ expressed a concern that it would be
dcult for the City to develop specific policies and action items to address conversation, protection, and restoration
of both types of habitat. Staff finds that a unified habitat polig has the safe regulatory fleet and standing as two
separate policies, and sees no reason to separate them. Staff acknowledges the comment, but recommends that the
Planning Commission not adopt it.
4. "It is recommended that each of the City's identified resources should be addressed by a
policy specific to that resource."
Staff Response: The existing language carries the same regulatory ~ftt and standing as individual policies. The
decision to write umbrella policies (including but not limited to Policies 1 and 4) was made to prevent the
unnecessary duplication of language in the document. Resource specific policies are already proposed including,
but not limited to 7, 8 and P. Staff acknowledges the comment, but recommends that the Planning Commission
not adopt it.
Sue Bielke
On June 2, 2008 an email was received from Sue Bielke containing comments she wished to present
to the Planning Commission for its consideration. The email also contained one attachment, a
previous email of May 13, 2008. Both are attached for the Commission's review.
The main points of her email broadly include a request for more time, a reorganization of the
document to include resource specific goals, and more explicit language regarding listed species and
native American artifacts. Staff acknowledges her comments, but finds the existing language legally
adequate and providing the necessary legislative basis for future protection and restoration
programs called for in her electronic correspondance.
Drego~ Department of Fish and Wildlife
H ° Sauvie Island Wildlife Area
North Willamette Wildlife Dish•ict
8 9' T1leodore R. Kulongoski, Governor 18330 NW Sauvie Island Road
Portland, OR 97231
503-621-3488
FAX 503-621-3025
May 28, 2008
OREGON
Fish & Wildlile
John Floyd
City of Tigard F
13125 SW Hall Blvd.
Tigard, OR 97223
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Mr. Floyd,
The Oregon Department of Fish and Wildlife (ODFW) has reviewed the City of Tigard's
draft Goal 5 of the Comprehensive Plan and would like to offer the following comments
and recommendations. j
The City provides one goal, followed by a series of "Policies" which are followed by a k
series of "Recommended Action Items". The format of this layout is difficult to follow.
It is recommended that for each Goal, the Policies and Recommended Action Items are
grouped together. Following is an example of the recommended format.
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Goal 5
Policy 5.1
Recommended Action Item A
Recommended Action Item B
Recommended Action Item C
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The City identifies the following resources that are addressed in Goal 5: fish and wildlife
habitat, wetlands, streams, groundwater, and historic and cultural resources. It is strongly I
recommended that fish and wildlife species are also identified as a resource. It is also
recommended that the fish and wildlife habitat is separated into wetland and upland j
habitats.
The goal of the City is to "protect natural resources and the environmental and ecological
functions they provide; and, where possible, restore natural resources to create naturally
functioning systems and high levels of biodiversity." It is recommended that each of the
City's identified resources should be addressed by a policy specific to that resource. For
example, there should be a separate policy addressing wildlife upland habitat, fish and ?
wildlife stream and wetland habitat, fish and wildlife species and groundwater. For
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example:
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Policy 5.1: Wildlife Upland Habitat
Protect, conserve and restore upland habitats related to wildlife, aesthetics, slope
protection and groundwater recharge. Encourage increased vegetation, additional
wildlife habitat areas, and expansion and enhancement of undeveloped spaces. Upland
habitats include all habitats that are not categorized as wetland or waterway. Examples
include mixed conifer forest, oak woodland, oak savannah, grasslands, prairie, etc.
Recommended Action Item A:
Protect, conserve and restore upland habitats and Oregon Conservation Strategy habitats
through a variety of methods including, but not limited to: the use of development and
land management regulations and incentives, acquisitions of land and conversation
easements, educational outreach, and external partnerships.
Recommended Action Item B:
Conduct a baseline inventory of all upland habitat types within the City.
Policy 5.2: Fish and Wildlife Stream and Wetland Habitat
Protect, conserve and restore streams, riparian corridors and wetland habitat which have
significant functions and values related to flood protection, sediment and erosion control,
water quality, groundwater recharge and discharge, education, vegetation, and fish and
wildlife habitat.
Recommended Action Item A:
Conserve riparian, wetland, and water body natural resources through the designation and i
protection of transition areas between the resource and other urban development and
activities. Restrict non-water dependent or non-water related development within the i
riparian area. The recommended riparian buffer size is 200 feet for fish-bearing streams
and 100 feet for non fish-bearing streams.
Recommended Action Item B:
Conduct a baseline inventory of all wetland and waterway habitats within the City.
Policy 5.3: Fish and Wildlife Species I
Protect, conserve and restore fish and wildlife populations that contain ESA threatened
and endangered, Oregon state sensitive, rare and Oregon Conservation Strategy species
through a variety of methods including, but not limited to: the use of development and
land management regulations and incentives, acquisitions of land and conversation
easements, educational outreach, and external partnerships.
Recommended Action Item A:
Protect, conserve and restore stream, wetland and upland habitat that contain ESA
threatened and endangered, Oregon state sensitive or Oregon Conservation Strategy 1
species habitats through a variety of methods including, but not limited to: the use of
development and land management regulations and incentives, acquisitions of land and
conversation easements, educational outreach, and external partnerships.
Recommended Action Item B:
Establish a high level of biodiversity within the stream, wetland and upland habitats
through a variety of methods including, but not limited to: the use of development and
land management regulations and incentives, acquisitions of land and conversation
easements, educational outreach, and external partnerships.
Recommended Action Item C:
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Conduct a baseline inventory of all fish and wildlife species.
These examples are not meant to be a comprehensive list of all Policies and
Recommended Action Items, but to provide a reconunended example of how to
adequately protect, conserve and restore the City's natural resources. The Oregon
Department of Fish and Wildlife recommends that the City of Tigard includes their
Natural Resource Committee to develop a comprehensive list of Policies and
Recommended Action Items that will protect, conserve and restore the City's natural
resources. The Oregon Department of Fish and Wildlife would like to thank the City of
Tigard for the opportunity to provide comments. If you have any questions or would like
to discuss the comments and recommendation of this letter, please feel free to contact me.
Sincerely,
Mischa Connine
Habitat Biologist
18330 NW Sauvie Island Road `
Portland, OR 97231
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(503) 621-3488 ext 228
mischa.a.connine@state.or.us
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John Floyd
From: Sue Beilke [sbeilke@europa.com]
Sent: Monday, June 02, 2008 9:19 AM
To: John Floyd
Cc: John Frewing; Jay Watson; drescher@teleport.com; jblowers@ix.netcom.com;
el.lindstrom@comcast.net; 'Brian Wegener'
Subject: natural resources section of comprehensive plan
Attachments: Fw_ Meeting_ Friday at 1pm.eml
John,
Please forward the below comments to the Planning Commission for tonight's Hearing on Goal 5, Natural Resources and
Historic Areas.
Planning Commission
City of Tigard
Below are my comments regarding the Natural Resources and Cultural Resources sections for the Comprehensive Plan
and the Planning Commission Hearing tonght:
1. 1 am currently a citizen serving on the Natural Resources Committe of Tigard, and to date we have had two meetings
for this subject. As I have stated in the past numerous times, two meetings were insufficient in writing goals and policies
that would adequately address the conservation and protection of our natural resources in Tigard. I am therefore
' requesting, again, that the Planning Commission delay adopting language for Natural Resoure Section of the
Comprehensive Plan, and allow our citizen committee more time, at least two more meetings, to adequately come up with .
goals and policites that address the Statewide Planning Goal 5 and its requirements. What started out as 5 goals with
associated policies at the first meeeting, dwindled down to only 1 goal and policy by the second meeting. This reduction
was done by city staff and not citizens. The current document is totally inadequate in protecting and conserving the many. .
natural resources that exist in the city of Tigard.
2.•• The current Goal has language that is weak and will not be adequate in protecting, conserving and restoring all of the
natural resources in Tigard. This one goal needs to be broken down into at least 5 goals, each goal would then address
various areas of natural resources, such as "Wetlands". "Upland Forests". "Fish and Wildlife", etc. Then, each of the 5
goals would have associated policies that could specifically address the needs of that resource, for example, for Fish and
Wildlife, an example of a policy would be: "The city shall restore fish and wildlife populations in order to achieve a high
level of biological diversity".
3. We strongly recommend taking out the verbage that the PC inserted in the first workshop; where our committe had
"Protect and restore", the PC changed to "Protect and then "restore where feasible". This so weakens the document as to i
make it virtually unenforceable. Why would anyone NOT want to restore natural resources, especially in light of the
massive influx of invasive species invading Oregon, including plants and wildlife. It is our duty to be good stewards of our
natural resources and to do Everything we can to protect and restore what we have inherited.
Therefore, I recommend taking out "where possible" or "where appropriate" from all of the document and replacing it
with "Protect, conserve and restore" for all of the goals. Language such as "where appropriate" only serves to weaken
this document and make unuseable.
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4. Our Natural Resources Committee did not get to the stage for developing a Definitions Section (it was done by staff),
hence the following comments on that:
- "Natural Resources" - in this definition, the city starts with "inventoried". This word needs to be removed, as natural
resources should refer to ALL of the natural resources not just those inventoried, since much of the city has not been i
inventoried. We still need to inventory many areas of the city, but regardless of what has or has not been !
inventoried, we need to protect ALL of our natural resources.
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- "Rare" - We wanted to make sure this is part of this section and should be defined as "Plants, fish, wildlife or
habitats considered to be unique, uncommon, unusual or of high value due to declines in local population
numbers compared to historical levels or considered to be a cultural resource by Native American tribes".
Examples of local "rare" species would be camas, pond turtles, painted turtles, any salmonid fish species; examples of
rare habitats would be oak prairie habitat; examples of Native American cultural resources would be camas, western red
cedar trees, and anything determined to be "a usual and accustomed place".
"Sensitive Habitat" - This would be defined as "Sensitive Habitats are those area containing rare and/or any plant
fish or wildlife or habitat type on any state or federal lists as defined below."
"Uplands" - A definition for uplands was also left out of this section. Upland could be defined as "all habitats beyond
the riparian zone of an ecosystem" which includes for example, mixed conifer forests, oak prairies, and meadows.
"Species on State or Federal Lists" - We also need a definition for this, which can read "All species that are on any
state or federal lists, including threatened, endangered, sensitive, critical or species of concern." Example of
species on these lists include both native turtles and red-legged frogs.
"Sustainable" - This definition should include verbage that also addresses the sustainability of the resource, can the
resource be sustainable with any level of development? Who ever proves they can do this? The current definition is
totally backwards and should read: "Any development or use of any resource by people must ensure that they will
not in any manner reduce the fish and wildlife populations or reduce the amount of habitat or the functionality of
that habitat(s) in question."
5. We need to have a policy that addresses protection of sensitive habitats, including those which contain rare or listed
species, in order to protect and restore these species. Examples include: Policy: The city shall make it a high priority
to . protect and restore sensitive habitats which will include not allowing development of any kind into these areas
(e.g.., no trails, etc.). The city is already doing this but it needs to be in writing and part of the Comp. Plan. Policy: The
cit ' shall make it a high priority to active) ursure funding to restore sensitive habitats."
6. The city needs to have a goal and related policies that addresses biological diversity and its importance in relation to
natural resources. Example: Goal: Protect, conserve and restore the biological diversity of all habitats within the
city.,Example of associated Policy: The city shall actively work with local conservation groups and citizens to
restore the highest level of biological diversity to all wetlands in the city of Tigard.
7. Goal 5.2 - Regarding protection and preservation of historic and cultural resources, I saw NO mention of Native
American artifacts that have been found in Tigard, including those found on the library site, on the Ash Creek Natural
Area or anywhere else. This needs to be documented in an attached inventory and then needs associated policies in
order to protect and preserve these important cultural resources. In addition, there are areas in Tigard that are
considered "usual and accustomed places" by Native American tribes and this also needs to be addressed in an inventory
and with associated policies, such as "The city shall protect, conserve and restore areas considered "usual and
accustomed places" by any Native American tribe."
Attached are additional comments and recommendations I submitted to the city on May 9 after the first PC workshop.
Again, we still have much work to do before this section of the Comprehensive Plan is adequate and able to be adopted
as part of the Goal 5 statewide planning process. I therefore an requesting that the Planning Commission NOT adopt the
current language for the Natural Resource or Cultural Resource sections of the Comprehensive PLan, but rather, work
with local citizens and conservation groups, such as Fans of Fanno Creek and The Biodiversity Project of Tigard, to make
this a more complete and worthy document that will guide natural resource protection, conservation and restoration for the
next 20 years in Tigard.
Thank you for your consideration in this matter.
Sue Beilke,
Director,The Biodiversity Project of Tigard
Board Member, Fans of Fanno Creek
Vice President, Friends of Summer Creek
Director, The Turtle Conservancy
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John Floyd
From: Sue Beilke [sbeilke@europa.com]
Sent: Tuesday, May 13, 2008 9:03 AM
To: John Floyd
Subject: Fw: Meeting: Friday at 1 pm
Here it is.
Original Message
From: Sue Beilke
To: John Floyd ;'John Frewinq'
i cc: Marissa Daniels
Sent: Friday, May 09, 2008 8:56 AM
Subject: Re: Meeting: Friday at 1 pm
John,
Here are some of the recommendations/comments/language changes I proposed at the PC workshop for Natural
Resources.
- Use "Protect, conserve and restore" where we now have "protect and restore"
- omit "where appropriate" from the entire document
- keep in "values" but make sure it is defined in the Definitions section, and include some examples
= For the Goal; we now only have one goal, I think that is "lame" considering the extent of the diversity of natural j
resources we are addressing. Originally we had at least 5 as I recall. I recommend splitting 5.1 into 3 goals. f
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5.1: Protect, conserve and restore natural resources and the environmental and ecological services they provide. i
5.2: Protect, conserve and restore natural resources in order to reach a high level of biodiversity.
5.3 Protect, conserve and restore plants, plant communities and fish and wildlife populations considered rare, or on any i
state and federal species lists as a high priority.
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- I do not recommend deleting Policy 2.
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Somewhere in the PC meeting, the chairwoman, said something to the effect that "low impact development does not
include incorporating natural resources"? I need to have that clarified and then that needs to be addressed at the next I
meeting, as she is very wrong on that one if that is what she said. x
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- Policy 3- this needs more work and we really need to define "sustainable" in regard to natural resources. For example, if
you put in several houses near a stream and only have a 50' buffer, this will not overtime "sustain" the wildlife that live
there. That size buffer is too small to "sustain" the birds, mammals and other species that have inhabitated it for i
thousands of years.
- I recommend adding several new policies;
- Policy - The City shall create a distinct zone for open space, greenways, etc. in order to protect permanently all natural
resources.
Policy - The City shall place a high priority on the protection, conservation, and restoration of rare plants and habitats
(e.g., oak prairie) and rare and state and federal fish and wildlife species listed as "Species of Concern, Sensitive,
Threatened, or Endangered (e.g., Northern red-legged frog, native turtles).
- Make sure we define "hydrologic regimes".
- Policy 10: 1 would have several policies covering inventories, etc. 1. The City shall conduct surveys of All natural
resources in order to establish a baseline inventory.
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2. The City shall periodically maintain and update the Natural Resources inventory through surveys and monitoring
efforts.
3. The City shall utilize the natural resources inventory to assist with setting goals and objectives for restoration
activities,
Then under these 2 Policies I would add these Action Measures: a. Conduct surveys and monitoring of all natural
resources to establish a baseline inventory.
b. Utilize available documents such as the Oregon Conservation Strategy to help guide restoration efforts. c.
Engage citizens and volunteers to assist with surveys and monitoring. d. Identify opportunities for funding and apply for
grants to assist with restoration efforts.
We also need to make sure that "uplands" are addressed, such as in Policy 8.
'l:recommend adopting Metro's Title 13 as John recommended at the workshop, again so that uplands are protected, etc.
- We need to look at the CWS standards that the city has adopted in order to see if they are adequate in protecting our
natural resources, since CWS standards and regs. are set up to only address "water quality". I think it would then be in
order to establish several goals and policies that address buffers, etc. in order to further protection for habitats and fish
and wildlife.
See you at 1 PM.
;Sue
Original Message
From: John Floyd
To: 'sbeilke(a)europa.com' ; 'John Frewing'
Cc: Marissa Daniels; Ron Bunch '
Sent: Tuesday, May 06, 2008 3:03 PM
Subject: Meeting: Friday at fpm
Hello Sue and John,
Friday at fpm seems to work for all of use. I'll go ahead and reserve a room, just come to the front counter and ask for
me.
If you could, please forward me (and each other if you haven't already) any comments you have ahead of time. If you
don't mind, Marissa Daniels would like to attend the meeting as well.
Thanks,
John
John Floyd
City of Tigard
Associate Planner i
Community Development
(503) 718-2429
johnfl@tigard-or,gov
13125 SW Hall Blvd,
Tigard, OR 97223
2
ATTACHMENT 4
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
June 16, 2008
1. CALL TO ORDER
President Inman called the meeting to order at 7:00 PM. The meeting was held in the
Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Commissioners Present: President Inman, Commissioners: Anderson, Doherty,
Muldoon, and Walsh
Commissioners Absent: Caffall, Fishel, Hasman, Vermilyea
Staff Present: Ron Bunch, Assistant Community Development Director; John Floyd,
Associate Planner; Darren Wyss, Associate Planner; Doreen Laughlin, Administrative
Specialist II
3. COMMUNICATIONS - None.
4. APPROVE MEETING MINUTES
There was a motion by Commissioner Doherty, seconded by Commissioner Muldoon,
to approve the June 2, 2008 meeting minutes as submitted. The motion carried as
follows:
AYES: Anderson, Doherty, Inman, Muldoon
NAYS: None
ABSTENTIONS: Walsh
EXCUSED: Caffall, Fishel, Hasman, Vermilyea
PUBLIC HEARING
5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00003
Tigard Comprehensive Plan Update Pertaining to Statewide Planning
Goal 5: Natural Resources and Historic Areas REQUEST: To amend the
current Comprehensive Plan to include goals, policies and recommended action
measures to reflect current community conditions and values relating to Tigard's
Natural Resources and Historical Areas. The complete text of the proposed
Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_
amendments. LOCATION: Citywide. ZONE: All City Zoning Districts.
PLANNING COMMISSION MEETING MINUTES -June 16, 2008 - Page 1
1ALRP1.N\Doreen\PC\PC Psscken foe 21118\(,16{18 Public Hendngdt ubskshop\ysc minutes 6-1&08.docj
nis meeting, N in entimty. is a 0,blc on CD. end retained at City of Tigard Public Recosds.J
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters
18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement,
Environmental Quality, Hazards, Public Facilities and Services, and Natural
PUBLIC HEARING CLOSED
Public Hearing closed temporarily due to minor technical difficulties [PowerPoint & copier
glitches].
PUBLIC HEARING REOPENED - 7:20pm
John Floyd, Associate Planner, presented the staff report on behalf of the City. He went over a
PowerPoint presentation (Exhibit A) and gave an overview. He indicated some of the
homebuilders representatives were not able to attend this public hearing, but had indicated an
interest in it and will most likely be attending the Council meeting regarding this topic. He
explained that he would be going over his June 16 memo (Exhibit B) which would summarize
the changes made in the memo dated June 9 in the commissioner's packets. He then gave an
overview of the policies and the suggestions made by commissioners at the first Public
Hearing on this chapter. Some of those topics were the use of the words "To the extent
feasible," baseline inventory, engaging volunteers, public comment from John Frewing,
engaging a broader audience, glossary definitions, new definitions, existing policies, and
applicability to upland habitats. (Detail is in Exhibit A - PowerPoint presentation).
There was a brief question and answer period. One of the commissioners spoke to what he
sees as a need for a natural resources coordinator - perhaps on a volunteer basis. Ron Bunch,
Assistant Community Development Director, gave his thoughts on this. He said, in his
experience from other cities, volunteer natural resource coordinators had several requirements
in order for them to have good information. For one, they needed paid consulting expertise.
There was also a need for GIS mapping, on the ground evaluation, and specific boundary
delineation of the resource that required them to be there. It was helpful for staff to identify
the specific resources using aerial photography and ground checking and there was a need for
staff to be on site clearing brush and making public contact for them so they could actually get
on the property when necessary. The question was asked, "What percentage of the paid
consultant dollars was leveraged by the volunteer coordinator?" Bunch answered, "About
30%."
DELIBERATIONS:
One of the commissioners commented that he would like to make another push for the
pragmatic language rather than the aspirational language with regard to the verbiage "To the
extent feasible." He believes that needs to be in restoration language because once this is
done, the distinction between aspirational and direction to implement will be lost. He thinks
people will come back and say, "It's right there... it says you were going to restore the stream."
He thinks that creates division where it doesn't need to be.
At this point, President Inman asked for a "sound off" of the commissioners present
concerning the "to the extent feasible" language. The outcome of that sound off was to "leave
the language in as explained in context tonight."
PLANNING COMMISSION MEETING MINUTES -June 16, 2008 - Page 2
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This meeting, in its entimty, is a,ailahle on CD, and mtaincd at Qty of Tigasd Public Records.]
The commissioners went over the policies as follows: [Exhibit A]
Policy 5.1.3 - As to strengthening policy 5.1.3 by breaking it up into two separate policies -
5.1.2 & 5.1.3 - the commissioners agreed with staff, and were in favor of making them two
separate policies. They also agreed to recommend adding an action measure proposed by staff
- Action Measure xxi. - which would read: "The City shall develop and utilize incentives to
foster private investment in green building techniques and technologies."
Policy 5.1.7 - they agreed that the alternative proposed is clearer and they would like to go
with that.
Policy 5.1.10 - add "as necessary" to replace "other applicable program so it would read:
"The City shall complete and, concurrent with periodic review of the Comprehensive Plan,
Metro Programs, or as necessary, update and improve its baseline inventory of natural
resources to reflect changing conditions, standards, and community desires."
The following motion was made by Commissioner Doherty: "I move the Planning
Commission forward a recommendation of approval to the City Council of application
CPA2008-00003, Natural Resources, and adoption of the findings that have been brought
forth at this hearing as presented in the memo dated June 16 2008 and as amended by
Planning Commission discussion. Commissioner Muldoon seconded the motion and it carried
as follows:
AYES: Anderson, Doherty, Inman, Muldoon, Walsh
NAYS: None
ABSTENTIONS: None
EXCUSED: Caffall, Fishel, Hasman, Vermilyea
The date for the Council Public Hearing on this topic will be August 5, 2008.
DELIBERATIONS CLOSED
5.2 WORKSHOP - GOAL 14: URBANIZATION -
Prepare for Joint Meeting with Council
Darren Wyss, Associate Planner, reminded the commissioners they had requested
background information related to the cause and consequences of unincorporated
development, and potential remedies. The Commission had wanted this information to
better understand reasons for proposed Urbanization goals and policies, and to have
sufficient background for a meaningful discussion with Council at the July 1 Urbanization
Joint Workshop. Commissioners had provided staff with a number of issues/ questions.
Documentation to address those questions was attached to Wyss' memo dated June 9, 2008,
and had been sent a week earlier in the Planning Commissioner's packets.
Before going over the information in the packets, Wyss said they would talk about the
following:
• Set up of the joint meeting;
• Take any questions about the materials sent in their packets; and
• Finalize a few topics of discussion.
PLANNING COMMISSION MEETING MINUTES -June 16, 2008 - Page 3
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Ibis meeting, in its entirety, is a-ilable on CD. and retained as Qty of I' igad Public Records.]
Wyss advised the commissioners there would be no regular Planning Commission meeting
on July 7. He said they would come back with the Policy Interest Team on July 21, after the
July 1 joint meeting with Council.
There was discussion regarding the upcoming joint meeting regarding urbanization. One of
the commissioners asked, "What is the City actually asking the county to do?" Bunch
answered:
"We're asking for five things, really:
1. Acknowledge a problem (long-term financial problem);
2. Stop the "bleeding" (no unincorporated development). Make sure new urban areas
come into cities;
3. Get a neutral person or agency to determine who pays for what. What kind of
financial needs are there - what is the level of subsidization;
4. Recognize the urban problem cannot be solved "overnight" - it has taken 50 years to
create it and it will probably take 100 years to remedy it; and
5. Make this an ongoing effort.
It's basically those five things we'll be asking for at the Urbanization Forum."
There was discussion as to how the joint meeting would be conducted. The commissioners
said their goal was to absorb what the Council is feeling about things. What is the vision of
resolution of this issue? One of the commissioners noted the "tone" of the language should
be toned down. Some, but not all, of the commissioners agreed with this.
6. OTHER BUSINESS - None.
7. ADJOURNMENT
President Inman adjourned the meeting at 9:00 pm.
Doreen Laughlin, Administrative Specialist II
ATTEST: President Jodie Inman
PLANNING COMMISSION MEETING MINUTES -June 16, 2008 - Page 4
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This meeting, in its enri2ty, is available on CD, and mtained at City ofTigand Public Recods.1
EXHIBIT A
Changes from June 2
Natural Resources and
Proposed changes are outlined in Memos
Historic Areas dated June 9 (packet) & June 16 (distributed
Comprehensive Plan Amendment today)
2008-00003 Language Changes directed by PC
June 16, 2008
• 1. Goal 5.1 made uniform with the phrase "to
the extent feasible"
John Floyd, Associate Planner
2. Policy 5.1.10 directs the City to complete
the baseline inventory
"To the Extent Feasible" Glossary Definitions
Definition: Reasonably capable of being done, Word "inventoried" removed from Natural
executed, or effected with the means at hand and Resources
the circumstances as they are; practicable
Appears in Goal 5.1 & Policies 1, 6, 7, 8,13 New definitions for Riparian Corridor,
Riparian Habitat, and Upland Habitat
Only applies to restoration and not protection
except: Outside of City limits (Policy 6); or wildlife
corridors in the context of park, open space, and
surface water master plans (Policy 13)
New Definitions Applicability to Upland Habitats
Riparian Corridor - water areas, fish and wildlife Questions regarding protection of upland habitat
habitat, wetlands, and adjacent riparian areas that
consist of the zone of transition from an aquatic
ecosystem to a terrestrial ecosystem. Protected by Goal 5.1 and implementing policies 1,
3, 4, 5, 6, 7, 10, 11, 12 and 13
Riparian Habitat - Habitat areas located within,
and dependant upon the unique habitat elements
provided within, a Riparian Corridor Alternative Policy 5.1.7 - The City shall protect
riparian and upland habitats to the maximum
Upland Habitat - All habitats beyond a riparian extent possible, and restore them to the extent
corridor. feasible, on both public and private lands.
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Strengthening Policy 5.1.3 Engaging a Broader Audience
Staff recommends splitting the policy to strengthen where Reminders were sent out to all interested
possible:
parties
-Policy 5.1.2 - The City shall demonstrate leadership in
natural resource protection through the use of sustainable
building practices and low impact development strategies, • The HBA has expressed an interest in
to the extent feasible, on all City projects.
participating, particularly in regards to how
-Policy ional - The City construction shall and site provide planning options to techniques this will impact tree regulations, but was
,
conventional
and incorporate sustainable and low-impact building and unable to attend tonight
site planning technologies into City codes and standards
as they become available.
Baseline Inventory Engaging Volunteers
PC directed staff to strengthen the language of Public Participation will be an essential
Policy 5.1.10. A draft revision is as follows: component
"The City shall complete, and concurrent with the Citizen Involvement Chapter requires
periodic review of the Comprehensive Plan, Metro
Nature in Neighborhoods Program, or other meaningful input
applicable program, update and improve its
baseline inventory of natural resources to reflect Cannot determine extent or manner without
changing conditions, standards, and community
desires." an approved work plan developed in
coordination with qualified professionals
Frewing Comments Existing Policy 3.1.1 (Wetlands)
Channel Migration/Overlay zones are too ATHE CITY SHALL REAS HAVING THE FOLLOWING DEVELOPMENT
specific at this level LIMITATIONS EXCEPT WHERE THE DEVELOPER
DEMONSTRATES THAT GENERALLY ACCEPTED
ENGINEERING TECHNIQUES RELATED TO A
SPECIFIC SITE PLAN WILL MAKE THE AREA
Best addressed at implementation and in SUITABLE FOR THE PROPOSED DEVELOPMENT.
(NOTE: THIS POLICY DOES NOT APPLY TO LANDS
concert with affected stakeholders including DESIGNATED AS SIGNIFICANT WETLANDS ON THE
Tualatin Basin Partnership, property owners, FLOODPLAIN AND WETLANDS MAP.):
and others. a. AREAS MEETING THE DEFINITION OF
WETLANDS UNDER CHAPTER 18.26 OF THE
COMMUNITY DEVELOPMENT CODE;
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Existing Policy 3.2.1 (Floodplains) Existing Policy 3.3.1 (Nat. Resources)
THE CITY SHALL PROHIBIT DEVELOPMENT WITHIN
AREAS DESIGNATED AS SIGNIFICANT WETLANDS THE CITY OF TIGARD SHALL SUPPORT
ON THE FLOODPLAIN AND WETLANDS MAP. NO THE EFFORTS OF WASHINGTON
DEVELOPMENT SHALL OCCUR ON PROPERTY
ADJACENT TO AREAS DESIGNATED AS COUNTY, BEAVERTON AND THE
SIGNIFICANT WETLANDS ON THE FLOODPLAIN METROPOLITAN SERVICE DISTRICT
AND WETLANDS MAP WITHIN TWENTY FIVE (25)
FEET OF THE DESIGNATED WETLANDS AREA. TO ENSURE THE AVAILABILITY OF THE
DEVELOPMENT ON PROPERTY ADJACENT TO ROCK MINERAL RESOURCES.
SIGNIFICANT WETLANDS SHALL BE ALLOWED
UNDER THE PLANNED DEVELOPMENT SECTION OF
THE CODE.
Existing Policy 3.4.1 (Nat. Areas) Existing Policy 3.4.2 (Nat Areas)
THE CITY SHALL:
THE CITY SHALL DESIGNATE, IN ACCORDANCE a. PROTECT FISH AND WILDLIFE HABITAT ALONG STREAM CORRIDORS BY
WITH GOAL 5, THE FOLLOWING AS AREAS OF BY REGOUI RING THH,IAT AREAS OF STAND NG TR ES ND NATURALN, AND
SIGNIFICANT ENVIRONMENTAL CONCERN. VEGETATION A JNG NATURAL DRAINAGE COURSES AND WATERWAYS
a. SIGNIFICANT WETLANDS; BE MAINTAINED TO THE MAXIMUM EXTENT POSSIBLE;
h REC '..cE THAT DEVELOPMENT PROPOSALS IN DESIGNATED TIMBERED
b. AREAS HAVING EDUCATIONAL RESEARCH ORYREE AREAS BE REVIEWED THROUGH THE PLANNED DEVELOPMENT
VALUE SUCH AS GEOLOGICALLY AND PROCESS TO MINIMIZE THE NUMBER OF TREES REMOVED; AND
SCIENtFTrA1 I_Y SIGNIFICANT LANDS: P,;dD c. REQUIRE CLUSTER TYPE DEVELOPMENT IN AREAS HAVING IMPORTANT
WA LIFE HABITAT VALUE AS DELINEATED ON THE "FISH AND WILDLIFE
C. AREAS VALUED FOR THEIR FR' GILE HABITAT MAP" ON FILE AT THE CITY.
CHARACTER AS HABiTA ii S FOR PLANTS, d. ADDRESS GOAL S RULE REQUIREMENTS PERTAINING TO THE
PRESERVATION OF WETLANDS ONCE ADEQUATE INFORMATION ON THE
ANIMAL OR AQUATIC LIFE, OR HAVING LOCATION, ppUALITY AND ppUANTITY OF WETLAND SITES IS OBTAINED.
ENDANGERED PLANT OR ANIMAL SPECIES THIS GOAL SREVIEVI/ WILL]NCLUDE DETERMINING WHICH WETLAND
OR SPECIFIC NATURAL FEATURES, VALUED FdR SITES ARE ECOLOGICALLY AND SCIENTIFICALLY SIGNIFICANT. CITIZENS
THE NEED TO PROTECT NATURAL AREAS. WILL PARTICIPATE IN MAKING POLICY RECOMMENDATIONS FOR THE
PROTECTION AND PRESERVATION OF THOSE WETLAND AREAS
DESIGNATED AS SIGNIFICANT. THE CITY SHALL COMPLETE ITS GOAL 5
REVIEW OF WETLAND AREAS BEFORE THE CITY'S NEXT PERIODIC
REVIEW, BUT NO LATER THAN DECEMBER 23, 1996.
Existing Policy 3.7.1 (Historical-
Cultural Resources)
THE CITY SHALL IDENTIFY AND
PROMOTE THE PRESERVATION AND Questions?
PROTECTION OF HISTORICALLY AND
CULTURALLY SIGNIFICANT
STRUCTURE, SITE, OBJECTS AND
DISTRICTS WITHIN TIGARD.
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Darren Wyss /vd J
From: Sue Beilke [sbeilke@europa.com]
Sent: Tuesday, August 05, 2008 4:47 PM
To: Darren Wyss
Subject: Comments on natural resources for Council Workshop
Attachments: CIT Nat.Res. Comp. Plan. Comments 8.4.08.doc; Fw_ Meeting_ Friday at 1pm.eml
Darren,
Please forward the attachments to the Council for tonight's meeting.
Thanks,
Sue
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August 4, 2008
TO: Tigard City Council
RE: Natural Resources Section of the Revised Tigard Comprehensive Plan (CP)
Dear Mayor Dirksen and Council Members:
We are writing regarding the revisions that were adopted by the Planning Commission (PC)
recently for Tigard's Natural Resources and their future conservation. While you are reviewing
what the PC has adopted, we ask you to consider the following:
• There were only two citizen member meetings held for this section of the CP. We had
requested more meetings but this never occurred. We feel the "process" has not been
adequate in fully addressing this important section of the CP and we therefore request that
based on the lack of input you consider the following:
• Originally, at the first citizen meeting, the city planner came with 5 goals and related
objectives for each section, such as wetlands, upland forests, wildlife, etc. This was
acceptable to citizens and we felt, was an adequate way in which to address the related
conservation and restoration aspects for each resource area. Then at the 2°d meeting, all the
goals had been combined into one by the planner without citizen input prior to this action.
This was not acceptable, but because of the manner in which the meeting was held and the
inordinate amount of time spent on discussing several items, including one citizen dwelling
on "trees" for a great part of the meeting, nothing changed.
Despite our requests throughout this process, staff has decided that one goal is adequate to cover
the vast array of natural resources in Tigard. This is insufficient in protecting our natural
resources and the one goal is so broad as to be virtually untenable. Rather we request that:
• We go back to the original 5 goals to cover each resource area as mentioned above and
take out any words such as "where feasible or where possible".
• We include an objective and action items for wildlife that addresses the rare, unique
species in Tigard that need additional, special protection such as Oak prairies, red-legged
frogs, and western painted and pond turtles.
• We make it a priority here in Tigard to preserve, protect and restore these unique and rare
species by providing adequate funding for land acquisition, restoration, etc.
• We ensure that wildlife and plant surveys are conducted within the next two years in
order to capture current conditions and to address species and their conservation needs.
I am attaching an email I sent to John Floyd earlier regarding some recommendations I had and I
request this be addressed in addition to our above recommendations.
Thank you for your time and consideration regarding Tigard's natural resources.
Sincerely,
Susan Beilke
Board Member, Fans of Fanno Creek; Vice President, Friends of Summer Creek;
Director, The Turtle Conservancy
Darren Wyss
From: Sue Beilke [sbeilke@europa.com]
Sent: Tuesday, May 13, 2008 9:03 AM
To: John Floyd
Subject: Fw: Meeting: Friday at 1 pm
Here it is.
Original Message
From: Sue Beilke .
To: John Floyd ; 'John Frewinp'
Cc: Marissa Daniels
Sent: Friday, May 09, 2008 8:56 AM
Subject: Re: Meeting: Friday at 1 pm
John,
Here are some of the recommendations/comments/language changes I proposed at the PC workshop for Natural
Resources.
- Use "Protect, conserve and restore" where we now have "protect and restore"
- omit "where appropriate" from the entire document
- keep in "values" but make sure it is defined in the Definitions section, and include some examples
- For the Goal; we now only have one goal, I think that is "lame" considering the extent of the diversity of natural
resources we are addressing. Originally we had at least 5 as I recall. I recommend splitting 5.1 into 3 goals.
5.1: Protect, conserve and restore natural resources and the environmental and ecological services they provide.
5.2: Protect, conserve and restore natural resources in order to reach a high level of biodiversity.
5.3 Protect, conserve and restore plants, plant communities and fish and wildlife populations considered rare, or on any
state and federal species lists as a high priority.
- I do not recommend deleting Policy 2.
Somewhere in the PC meeting, the chairwoman, said something to the effect that "low impact development does not
include incorporating natural resources"? I need to have that clarified and then that needs to be addressed at the next
meeting, as she is very wrong on that one if that is what she said.
- Policy 3- this needs more work and we really need to define "sustainable" in regard to natural resources. For example, if
you put in several houses near a stream and only have a 50' buffer, this will not overtime "sustain" the wildlife that live
there. That size buffer is too small to "sustain" the birds, mammals and other species that have inhabitated it for
thousands of years.
- I recommend adding several new policies;
- Policy - The City shall create a distinct zone for open space, greenways, etc. in order to protect permanently all natural
resources.
- Policy - The City shall place a high priority on the protection, conservation, and restoration of rare plants and habitats
(e.g., oak prairie) and rare and state and federal fish and wildlife species listed as "Species of Concern, Sensitive,
Threatened, or Endangered (e.g., Northern red-legged frog, native turtles).
- Make sure we define "hydrologic regimes".
- Policy 10: 1 would have several policies covering inventories, etc. 1. The City shall conduct surveys of All natural
resources in order to establish a baseline inventory.
i
2. The City shall periodically maintain and update the Natural Resources inventory through surveys and monitoring
efforts.
3. The City shall utilize the natural resources inventory to assist with setting goals and objectives for restoration
activities.
Then under these 2 Policies I would add these Action Measures: a. Conduct surveys and monitoring of all natural
resources to establish a baseline inventory.
b. Utilize available documents such as the Oregon Conservation Strategy to help guide restoration efforts. c.
Engage citizens and volunteers to assist with surveys and monitoring. d. Identify opportunities for funding and apply for
grants to assist with restoration efforts.
We also need to make sure that "uplands" are addressed, such as in Policy 8.
1 recommend adopting Metro's Title 13 as John recommended at the workshop, again so that uplands are protected, etc.
- We need to look at the CWS standards that the city has adopted in order to see if they are adequate in protecting our
natural resources, since CWS standards and regs. are set up to only address "water quality". I think it would then be in
order to establish several goals and policies that address buffers, etc. in order to further protection for habitats and fish
and wildlife.
See you at 1 PM.
Sue
Original Message
From: John Flovd
To: 'sbeilke(a)-europa.com' ; 'John Frewincl'
Cc: Marissa Daniels ; Ron Bunch
Sent: Tuesday, May 06, 2008 3:03 PM
Subject: Meeting: Friday at 1 pm
Hello Sue and John,
Friday at fpm seems to work for all of use. I'll go ahead and reserve a room, just come to the front counter and ask for
me.
If you could , please forward me (and each other if you haven't already) any comments you have ahead of time. If you
don't mind, Marissa Daniels would like to attend the meeting as well.
Thanks,
John
John Floyd
City of Tigard
Assodate Planner
r Community Development
(503) 718-2429
johnfl@tigard-or.gov
13125 SW Hall Blvd.
r ] Tigard, OR 97223
2
J
AGENDA ITEM No. 3 Date: August 5, 2008
TESTIMONY
SIGN- UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
Workshop: Comprehensive Plan
Amendment CPA 2008-00003 Natural
Resources and Historic Areas
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All written and oral testimony become part of the public record and is openly
available to all members of the public. The names and addresses of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes, which
is a public record.
Due to Time Constraints
City Council May Impose
A Time Limit on Testimony
1
AGENDA ITEM No. 3 August 5, 2008
PLEASE PRINT
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and
records laws. All written and oral testimony become part of the public record and is openly
available to all members of the public. The names and addresses of persons who attend or
participate in City of Tigard public meetings will be included in the meeting minutes, which
is a public record.
Proponent - (Speaking In Favor Opponent - (Speaking Against) Neutral
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No.
I
L
Agenda Item #E
Meeting Date August 5, 2008
COUNCIL AGENDA ITEM SUMMARY
City Of Tigard, Oregon
Issue/Agenda Title Adoption of City Wide Classification & Compensation Study
Prepared By. SandyZodro' pt Head Approval: Qty Mgr Approval:
ISSUE BEFORE THE COUNCIL
Should the City Council adopt the results of the City Wide Classification & Compensation Study conducted and
completed by Koff & Associates, including a total implementation schedule for the compensation results?
STAFF RECOMMENDATION
Adopt the GtyWide Classification & Compensation Study and implementation schedule and direct staff to phase-in
the implementation of the Study over two years.
KEY FACTS AND INFORMATION SUMMARY
The City Council employed the consulting firm of Koff & Associates to conduct a citywide job classification and
compensation study to update all job classification descriptions, deternrine if all jobs were properly allocated to the
correct job classification, conduct a labor market total compensation survey, update all salary plans for city
classifications, and.assist the city in reviewing and updating its classification & compensation policies and philosophies.
The study has been completed and Council has been briefed on the results of the study in your previous meetings. At
your June 24`h meeting, the City Council discussed the method of implementing the complete compensation results of
the study over a 2-year period, more specifically as determined by the job classification. The fast year implementation
will consist of adjustments up to 3 percent plus one-half of recommended adjustments over 3 percent. The second-
year implementation will consist of the balance of adjustments not made in year one. The City has discussed the
implementation schedule with SEIU/OPEU
This agenda item adopts the study results so that final implementation can proceed.
OTHER ALTERNATIVES CONSIDERED
N/A
CITY COUNCIL GOALS
N/A
ATTACHMENT LIST
1) Attachment 3 Final Report - Classification
2) Attachment 2 Final Report - Compensation
3) Attachment 1 Proposed Salary Recommendations
FISCAL NOTES
Council has been previously advised of the total implementation costs of the study of approximately $735,124, which
includes all associated benefit costs.
Volume 11 - Appendix IV ATTACHMENT 1
City of Tigard
Range Placement Recommendations
May 2008
Current Proposed Proposed Percent
Class Title Group Department Maximum Salary Maximum Rationale
Difference '
Month) Sala Range Month) Sala
Police Chief MSC Police $9,169 M54 $9,870 7.6% Range placement based on market median
. .
Assistant City Manager MSC City Manager's Office $8,256 M52 $9,394 13.8% Range placement based on internal relationship: 5% above
DepDirectors
° Range placement based on internal relationship: 5% below the Police
Assistant Police Chief MSC Police $8,732 M52 $9,394 7.6 /o Chief (currently5%.).......
Director of Community Development MSC Community Development $8,256 M50 $8,942 8.3% Range placement based on market median
Director of Library Services MSC Library $8,256 M50 $8,942 8.3% Range placement based on market median
Financial and Information Services Director MSC Finance and IT $8,256 M50 $8,942 8.3% Range placement based on market median
.
Public Works Director MSC Public Works $8,256 M50 $8,942 8.3% Range placement based on market median
Human Resources Director MSC Human Resources $7,849 M48 $8,511 8.4% Range placement based on market median and internal relationship:
5% below Department Directors
.
Police Captain MSC Police $7,920 M47 $8,303 4.8% Range placement based on internal relationship: 10% above the
Police Lieutenant (currently 7
Assistant Community Development Director MSC Community Development $7,460 M46 $8,101 8.6% Range placement based on internal relationship: 1°0% below the
Director of Community Development (currently 11 /o•)
Assistant Public Works Director MSC Public Works $7,460 M46 $8,101 8.6% Range placement based on internal relationship: 10% below the
Public Works Director (currently..IJ.0.
Capital Construction and Transportation Engineer MSC Community Development $7,460 M46 $8,101 8.6% Range placement based on internal relationship: 1°0% below the
Director of Community Development (currently 11
)
. . . . . . . .
Information Technology Manager MSC Finance and IT $7,849 M46 $8,101 3.2% Range placement based on market median
Police Lieutenant MSC Police $7,407 M44 $7,710 4.1% Range placement based on market median and internal relationship:
1.5%° above Police Sergeant...................................................................................................
Building Official MSC Community Development $7,095 M42 $7,339 3.4% Range placement based on market median
Engineering Manager MSC Community Development $6,744 M41 $7,160 6.2% Ra nge placement based on market median and internal relationship:
5 above other Division Mana....................................................... ers1° abovSr. Project Engineer
Planning Manager MSC Community Development $6,250 M40 $6,985 11.8% Range placement based on market median and internal relationship:
between Engineering Manager and other . Division Managers
Administrative Services Manager MSC Administrative Services $6,250 M39. $6,815 9.0% Range placement based on internal relationship: same level as other
Division Managers
Assistant to the City Manager MSC City Manager's Office $6,092 M39 $6,815 11.9% Range placement based on internal relationship: same level as
Division Managers
Financial Operations Manager MSC Finance and IT $6,250 M39 $6,815 9.0% Range placement based on internal relationship: same level as other
Division Managers
Range placement based on internal relationship: same level as other
Library Division Manager MSC Library $6,250 M39 $6,815 9.0%
ers.
Divisi.on M.ana.
.g.
.
Parks and Facilities Manager MSC Public Works $6,250 M39 $6,815 9.0% Range placement based on market median and internal relationship:
same level as other Division Managers
• •
.
Utility Division Manager MSC Public Works $6,250 M39 $6,815 9.0% Range placement based on market median
1 ° Range placement based on internal relationship: 2.5% below Division
Police Business Manager MSC Police $6,092 M38 $6,649 9 Managers
Police Sergeant MSC Police $6,430 M38 $6,649 3.4% Range placement based on internal relationship: approximately
32.5% above Police Officer
Sorted by Proposed Max. Salary, 2007 City Wide Clas Comp - Attachment 1.xls
Volume II - Appendix IV
City of Tigard
Range Placement Recommendations
. May 2008•
Current Proposed Proposed Percent
Class Title Group Department Maximum Salary Maximum Difference Rationale'
Monthl Salary , Ran a Monthly Sala
Redevelopment Project Manager MSC Community Development $5,940 M37 $6,487 9.2% Ra nge placement based on market median and internal relationship:
5% .below Division .Managers......................................................................................
Senior Project Engineer MSC Community Development Proposed M37 $6,487 Range placement based on internal relationship: 10% above the
Project Engineer
..................................................................................................................................................................................................................................................................J.......................................................................................................................................................
Inspection Supervisor MSC Community Development $6,092 M36 $6,328 3.9% Range placement based on internal relationship: 10% above the
Senior Building Ins ector currentl 10 /o
..............................................................................F......... . Y
Principal Human Resources Analyst MSC Human Resources Proposed M36 $6,328 Range placement based on internal relationship: 5% above the
Senior Human Resources Anal st . . .
...............................................................................................................................................................................................y....
Accounting Supervisor MSC Finance and IT $5,795 M35 $6,174 6.5% Range placement based on market median
Library Communications Coordinator MSC Library $6,092 M35 $6,174 1.3% Range placement based ono internal relationship: 35% below Director
of Libra Services and 2.5 /o above Sr. Mana ement Anal st
...........................................................................................................................Y..................................................................................g............... Y.
Network Administrator MSC Finance and IT $6,092 M35 $6,174 1.3% Range placement based on market median
Plans Examination Supervisor MSC Community Development $5,940 M35 $6,174 3.9% Range placement based on internal.. relationship: 10% above the
Senior Plans Examiner (currentlX...1.........0 /o)
Police Technology Specialist MSC Police $6,092 M35 $6,174 1.3% Range placement based on internal relationship: same level as
Network Administrator
.
Senior Human Resources Analyst MSC Human Resources $5,645 M34 $6,023 6.7% Range placement based on internal relationship: 10% above Human
Resources Analyst currentl 11 /o
................Y..............) .
° Range placement based on internal relationship: 10% above the
Senior Management Analyst MSC Various $6,092 M34 $6,023 1.1 Man.a g.emen.
t Anal st currentlX...1...%). . . .
Y....... 1......
Range placement based on internal relationship: (due to market data
GIS Coordinator MSC Finance and IT $5,238 M33 $5,877 12.2% anomal : 10% above GIS Pro rammer/Anal st
..........................................................................................................y).................................................g............................ Y. .
Project Engineer MSC Community Development $5,795 M33 $5,877 1.4% Range placement based on market median
Senior Environmental Program Coordinator SEIU Public Works Proposed S48 $5,848 Range placement based on internal relationship: 10% above the
Environmental Program Coordinator
Senior Building Inspector SEIU Community Development $5,562 S47 $5,709 2.6% Range placement based on internal relationship: 10% above the
Building Inspector II currently t l
City Surveyor MSC Community Development $5,371 M31 $5,583 3.9% Range placement based on internal relationship: 25% below the
Engineering Manager (currently 26 /o)
Senior Planner MSC Community Development $5,510 M31 $5,583 1.3% Range placement based on int ernal relationship: 10% above the
Associate Planner (currently 11
Senior Plans Examiner SEIU Community Development $5,421 S46 $5,566 2.7% Range placement based on inoternal relationship: 10°/.. above the
Plans Examiner ( currently. 11
.
City Recorder MSC Administrative Services $5,645 M30 $5,457 -3.3% Range placement based on market median
Range placement based on internal relationship: same level as
Crime Analyst MSC Police Proposed M30 $5,457
Management Anal st
Human Resources Analyst MSC Human Resources $5,106 M30 $5,457 6.9% Range placement based on market median and internal relationship:
same level as Management AnalY.st
.
Management Analyst MSC Various $5,510 M30 $5,457 -1.0% Range placement based on market median
.
Engineering Construction Inspector SEIU Community Development $5,285 S45 $5,430 2.7% Range placement based on internal relationship: 5% above the
Building Inspector II currentl 5 /o
y.........)
.
.
Administrative Support Supervisor MSC Administrative Services $4,975 M29 $5,324 7.0% Range placement based on internal relationship: same level as other
Supervisors
Court Operations Supervisor MSC Administrative Services Proposed M29 $5,324 Range placement based on internal relationship: same level as other
. Sup .
_...............................................................................................................................ervisors..............................................................................................................................
Sorted by Proposed Max. Salary, 2007 City Wide Clas Comp - Attachment 1.xls
Volume II - Appendix IV
City of Tigard
Range Placement Recommendations
May 2008
Percent
Current Proposed LMopnrhl oposed;
Class Title Group Department Maximum Salary ximum Rationale
Monttil :Sala, Ran e_r Sala Difference
Facilities Services Supervisor MSC Public Works $4,975 M29 $5,324 7.0% Range placement based on market median and internal relationship:
same level as other Public .Works .Su
pervisors
Fleet Services Coordinator MSC Public Works $4,975 M29 $5,324 7.0% Range placement based on market median
Grounds Supervisor MSC Public Works $5,238 M29 $5,324 1.6% Range placement based on market median
Library Services Supervisor MSC Library $5,238 M29 $5,324 1.6% Range placement based on internal relationship: same level as other
Supervisors and 20/o , below the Library Division Manager
Police Records Supervisor MSC Police $4,730 M29 $5,324 12.6% Range placement based on market median and internal relationship:
same level as. other Supervisors
.............................................................4 975......... .......M29...... ............5 324........ .......7.0% Range placement based on internal relationship: 5% above the
Project Planner MSC Community Development $ $ Associate Planner (currently at the same level)
. .
Public Information Officer - Police MSC Police $4,730 M29 $5,324 12.6% Range placement based on market median
Senior Accountant MSC Finance and IT $5,510 M29 $5,324 -3.4% Range placement based on internal relationship: 10% above the
Accountant (currently 1 l%)
Street Supervisor MSC Public Works $5,238 M29 $5,324 1.6% Range placement based on market median
Wastewater Operations Supervisor MSC Public Works $5,238 M29 $5,324 1.6% Range placement based on market median
Water Operations Supervisor MSC Public Works $5,238 M29 $5,324 1.6% Range placement based on market median and internal relationship:
.
same level as other Public Works.Supervisors.......................................................
GIS Programmer Analyst SEW Finance and IT Proposed S44 $5,298 0.0% Range placement based on internal relationship. 10% above IT
Specialist
Environmental Program Coordinator SEIU Public Works $4,204 S44 $5,298 26.0% Range placement based on market median
Building Inspector If SEW Community Development $5,028 S43 $5,169 2.8% Range placement based on market median
Building-Housing Code Compliance Officer SEIU Community Development $5,028 S43 $5,169 2.8% Range placement based on internal relationship: same level as
Building Inspector 11
Associate Planner MSC Community Development $4,975 M27 $5,067 1.8% Range placement based on market median
Building Division Services Supervisor MSC Community Development $4,608 M27 $5,067 10.0% Range placement based on internal relationship: 20% above the
Senior Permit Technician
.
Circulation Supervisor MSC Library $4,390 M27 $5,067 15.4% Range placement based on internal relationship: 5% below Library
Services Supervisor
Plans Examiner SEIU Community Development $4,900 S42 $5,043 2.9% Range placement based on market median
Police Officer TPOA Police $4,880 P19 $4,943 1.3% Range placement based on market median
.
° Range placement based on internal relationship: 10% above the
Senior Librarian SEIU Library $4,778 S41 $4,920 3.0% Librarian (currently 1.1%)
.
Accountant MSC Finance and IT $4,975 M25 $4;823 -3.1% Range placement based on market median
. .
Emergency Services Coordinator MSC Public Works $4,730 M25 $4,823 2.0% Range placement based on internal relationship: same level as
Program Development Specialist
Microcomputer Support Technician MSC Finance and IT $4,608 M25 $4,823 4.7% Range placement based on internal relationship: closest MSC salary
range to Information
Technology.Specialist
.
Program Development Specialist MSC Various $4,730 M25 $4,823 2.0% Range placement based on internal relationshi..p: 10% above.
Assistant Planner (based on historical. alignment)
Sorted by Proposed Max. Salary, 2007 City Wide Clas Comp - Attachment 1.xls
Volume II - Appendix IV
City of Tigard
Range Placement Recommendations
May 2008 - .
Current Proposed Proposed Percent
Class Title Group Department Maximum Salary Maximum Difference Rationale
Month) Sala Range Month) Sala
Information Technology Specialist SEIU Finance and IT $4,778 S40 $4,800 0.5% Range placement based on market median
.
Senior Engineering Technician SEIU Community Development $4,778 S40: $4,800 0.5% Range placement based on market median and internal relationship:
1 ...10 /°........................9above En ineerin9 Technician.II). .
Buyer MSC Finance and IT $4,390 M24 $4,705 7.2% Range placement based on market median
Communications-Graphic Designer MSC City Manager's Office $4,390 M24 $4,705 7.2% Range placement based on internal relationship: same level as
Pro. ram Development Specialist
....................................................P........................................................................................................
Senior Permit Technician SEIU Community Development Proposed S39 $4,683 Range placement based on internal relationship: 10% above the
Permit Technician
.
Senior Water Utility Technician SEW Public Works $4,204 S39 $4,683 11.4% Range placement based on internal relationship: 10% above the
Water Utilit Technician
....Y.............................................................................................................................
.
Confidential Office Manager MSC Various Proposed M23 $4,591 Range placement based on internal relationship: 10% above
Confidential Executive Assistant
.
Executive Assistant to the City Manager MSC City Manager's Office $4,168 M23 $4,591 10.1% Range placement based on market median and internal relationship:
10% above Confidential Executive Assistant
Building Inspector I SEIU Community Development $4,317 S37 $4,457 3.2% Range placement based on internal relationship: 15% below the
Ins?. ector II current) 16 /o
Buildinq.....
.................................................................................................................................................................................................................................................Y............).................................................................................
Code Compliane Officer SEIU Community Development $4,317 S37 $4,457 3.2% Range placement based on market median
. .
Engineering Technician II SEIU Community Development $4,317 S37 $4,457 3.2% Range placement based on market median
Librarian SEIU Library $4,317 S37 $4,457 3.2% Range placement based on market median
.
Permits Coordinator SEIU Community Development $4,104 S37 $4,457 8.6% Range placement based on internal relationship: 5% above the
Permit Technician (proposed ad•ustment due to MQ differences
...................................................................................................................................................................................................................................................................................................................................................I...................1........................................................................~..............
Acquisitions Coordinator MSC Library $4,064 M21 $4,370 7.5% Range placement based on internal relationship: same level as
Libra.. Volunteer Coord.
.
relationship: 15% below the
Assistant Planner MSC Community Development $4,276 M21 $4,370 2.2% Range placement based on internal
Associate Planner current) 16........
......Y.............................
Human Resources Technician MSC Human Resources Proposed M21 $4,370 Range placement based on internal relationship: 20% below the
Human Resouces Anal st
....................................................................................................................................................................................................................................................................................Y.....................................
Library Volunteer Coordinator MSC Library $4,064 M21 $4,370 7.5% Range placement based on internal relationship: 10% below Program
Development Specialist and 7.5% below Librarian
........I..................P.............................
Risk Management Technician MSC City Manager's Office $4,168 M21 $4,370 4.8% Range placement based on internal relationship: same level as HR
Technician
.
Range placement based on market median and internal relationship:
GIS Technician SEW Public Works $4,317 S36 $4,348 0.7% 10% below IT Technician
Deputy City Recorder MSC Administrative Services $3,501 M20 $4,263 21.8% Range placement based on internal relationship: 25% below the City
Recorder (currently 61/o)
Payroll Specialist MSC Finance and IT $4,168 M20 $4,263 2.3% Range placement based on market median
.
Backflow-Cross Connection Specialist SEIU Public Works $4,204 ' S35 - " '$4,242 0.9% Range placement based on internal relationship: same level as the
Water Utility Technician
CMMS Software Specialist SEIU Public Works $4,104 S35 $4,242 3.4% Range placement based on internal relationship: 15% below the IT
Technician current) 16/o
............................................Y......)..
Mechanic SEIU Public Works $4,104 S35 $4,242 3.4% Range placement based on market median
Permit Technician SEIU Community Development $4,104 S35 $4,242 3.4% Range placement based a market median and internal relationship:
10 /o above E.. ineerin Technician
Sorted by Proposed Max. Salary, 2007 City Wide Clas Comp - Attachment 1.xls
Volume II - Appendix IV
City of Tigard
Range Placement Recommendations
May 2008
Current Proposed Proposed Percent
Class Title Group Department Maximum Salary Maximum Difference Rationale
Months Sala Range Month) Sala
Senior Building Maintenance Technician SEW Public Works $4,104 S35 $4,242 3.4% Range placement based on internal relationship: 10% above the
Building Maintenance Technician II (currently 11
Senior Utility Worker SEIU Public Works $4,204 S35 $4,242 0.9% Range placement based on internal relationship: 10% above the
Utility Worker II and same as Water Utility Technician
Water Utility Technician SEIU Public Works $4,204 S35 $4,242 0.9% Range placement based on market median
Confidential Executive Assistant MSC Various $4,064 M19 $4,159 2.3% Range placement based on market median
. .
Engineering Assistant SEW Community Development $3,999 S34 $4,139 3.5% Range placement based on market median and internal relationship:
range closest to that of Confidential Executive Assistant
Planning Assistant SEIU Community Development $3,999 S34 $4,139 3.5% Range placement based on market median and internal relationship:
same level as Engineering Assistant...............................................................................
.
Purchasing Assistant SEIU Finance and IT $3,804 S34 $4,139 8.8% Range placement based on internal relationship: 15% below the
Bu.Yef..(currentl.Y..15 /0)
Community Service Officer TPOA Police $3,970 P11 $4,057 2.2% Range placement based on market median and internal relationship:
20 below Police Officer
Human Resources Assistant MSC Human Resources $3,766 M17 $3,959 5.1% Range placement based on internal relationship: 10% below the
Human Resouces Technician
. .
Property Evidence Specialist TPOA Police $3,970 P10 $3,958 -0.3% Range placement based on market median and internal relationship:
closest rang.a to Sr. Administrative Specialist
. .
Records Management Specialist SEIU Administrative Services $3,804 S32 $3,939 3.5% Range placement based on internal relationship: same level as Sr.
Admin. Specialist
Senior Accounting Assistant SEW Finance and IT $3,902 S32 $3,939 0.9% Accounting Range placement Assistant II based on internal relationship: 10% above the
current) 11 /o
Senior Administrative Specialist SEW Various $3,804 S32 $3,939 3.5% Range placement based on internal relationship: 10% above the
Administrative S ecialist II (current) 11
P.........................................Y.............)................................................................
.
Building Maintenance Technician II SEIU Public Works $3,708 S31 $3,843 3.6% Range placement based on market median
Engineering Technician I SEIU Community Development $3,708 S31 $3,843 3.6% Range placement based on internal relationship: 15% below the
Engineering Technician II (currently 16%)
.
Utility Worker II SEIU Public Works $3,804 S31 $3,843 1.0% Range placement based on market median and internal relationship:
10%0, below Sr. Utility
.
Worker
Crime Prevention Specialist TPOA Police Proposed P8 $3,768 Range placement based on internal relationship: same level as
Community Service Officer
Customer Service Field Worker SEW Finance and IT $3,804 S29 $3,658 -3.8% Range placement based on market median
° Range placement based on internal relationship: 20% below Librarian
Senior Library Assistant SEW Library $3,607 S29 $3,658 1.4% and 10% above the Libra Y Assistant .current)Y.....
...................................................................................................................................................................................................................................................................................1...1......1 .
° Range placement based on internal relationship: salary range closest
Detective Secretary TPOA Police $3,586 P6 $3,586 0.0 /o to that of Administrative Specialist 11
.
° Range placement based on market median and internal relationship:
Police Records Specialist TPOA Police $3,586 P6 $3,586 0.0 closest range to Administrative Specialist II
P.......................................................... .
Accounting Assistant II SEIU Finance and IT $3,524 S28 $3,569 1.3% Range placement based on market median
Administrative Specialist II SEIU Various $3,436 S28 $3,569 3.9% Range placement based on market median
Court Clerk II SEIU Administrative Services $3,436 S28 $3,569 3.9% Range placement based on market median and internal relationship:
same level as Administrative S ecialist II
P................
Customer Service Specialist SEIU Administrative Services $3,436 S28 $3,569 3.9% Range placement based on internal relationship: same level as
Administrative S ecialist II
.
Sorted by Proposed Max. Salary, 2007 City Wide Clas Comp - Attachment 1.xls
Volume 11 - Appendix IV
City of Tigard
Range Placement Recommendations
May 2008
Current Proposed Proposed Percent
Class Title Group Department Maximum Salary Maximum Difference Rationale'
Month) Sala Ran a Months Sala
Building Maintenance Technician I SEIU Public Works $3,030 S25 $3,314 9.4% Range placement based on internal relationship: 15% below the
Building Maintenance. Technician II (currently 22
.
Library Assistant SEIU Library $3,258 S25 $3,314 1.7% Range placement based on market median and internal relationship:
10/o below Sr. Library Assistant
.
Utility Worker I SEIU Public Works $3,106 S25 $3,314 6.7% Range placement based on internal relationship: 15% below the Utility
Worker II
(current).Y..22 /0).........................................................................................................
.
Accounting Assistant i SEIU Finance and IT $3,030 S22 $3,077 1.6% Range placement based on internal °relationship: 15% below the
Accountin11
. Assistant ....(currentlY...15
Administrative Specialist I SEIU Various $2,951 S22 $3,077 4.3% Range placement based on internal relationship: 15% below the
Administrative Specialist II (currently 16 /o)
Court Clerk I SEIU Administrative Services $2,951 S22 $3,077 4.3% Range placement based on internal relationship: 15% below the Court
Clerk..~~placrentlY.t bas)..............................................................................................................
.
Library Aide SEIU Library $2,073 S9 $2,232 7.7% Range placement based on internal relationship: 50% below the
Library.Assistant.. curre......
Sorted by Proposed Max. Salary, 2007 City Wide Clas Comp - Attachment 1.xls
ATTACHMENT 2
FINAL REPORT
CLASSIFICATION
AND
TOTAL COMPENSATION STUDY
FOR THE
CITY OF TIGARD
VOLUME II
TOTAL COMPENSATION
June 2008
KOFF & ASSOCIATES, INC.
6400 Hollis Street
Suite 5
Emeryville, CA 94608
510-658-5633 - voice
1-800-514-5195 - toll-free
510-652-5633 - fax
City of Malibu
Classification and Total Compensation Study - Volume II
Page 2 of 14
FINAL REPORT
CLASSIFICATION AND TOTAL COMPENSATION STUDY
FOR THE
CITY OF TIGARD
VOLUME II
TOTAL COMPENSATION
TABLE OF CONTENTS
Page
Background 1
Study Process ............................................................................................3
Market Total Compensation Findings 10
Internal Salary Relationships ..................................................................14
Recommendations ...................................................................................14
Additional Information ...........................................................................17
Using Market Data and This Report as a Tool .......................................18
Appendix I - Side-by-Side Comparison
Appendix II - Market Base Salary, Benefit and Total Compensation Findings
Appendix III - Proposed Salary Range Schedule
Appendix IV - Proposed Salary Range Placements
Appendix V - Additional Benefits Information
i
DRAFT
FINAL REPORT
CLASSIFICATION AND TOTAL COMPENSATION STUDY
FOR THE
CITY OF TIGARD
VOLUME II
TOTAL COMPENSATION
BACKGROUND
As noted in Volume I, in December of 2007, the City of Tigard contracted with Koff &
Associates, Inc. to conduct a comprehensive classification and total compensation study
for all City staff. All classification findings and options for action are found in Volume 1;
compensation findings and options for implementation are in this Volume 11.
The goals of the compensation review process were to:
➢ Ensure that the City has the ability to attract and retain a high-quality workforce;
➢ Ensure that the City's compensation practices are competitive with those of
comparable employers; and
➢ Ensure that appropriate internal relationship differentials between salaries are
used to provide an equitable and sound compensation plan.
STUDY PROCESS
Benchmarking Classifications
The study included approximately one hundred and thirty-two (132) classifications and of
those, seventy-two (72) classifications were selected in order to collect compensation
data within the defined labor market. Survey classes that had the most consistent and
useful survey data were used as "benchmarks" in building the compensation plan.
Benchmark classes are those classes that are tied directly to market salary data during the
salary setting process. These classes are used as a means of anchoring the City's overall
compensation plan to the market. Other job classifications not surveyed would be
aligned on the proposed compensation plan using internal equity principals.
City of Tigard
Classification and Compensation Study - Volume 11
Page 2 of 19
Survey or benchmark classifications included classes that are reasonably well known, and
clearly and concisely described. They are commonly used classes such that other like
classes may readily be found in other agencies in order to ensure that sufficient
compensation data will be compiled.
These survey classifications included:
Accountant Information Technology Manager
Accounting Assistant II Information Technology Technician
Accounting Supervisor Librarian
Acquisitions Coordinator Library Assistant
Administrative Services Manager Library Communications Coordinator
Administrative Specialist II Library Services Supervisor
Assistant to the City Manager Maintenance Worker II
Associate Planner Management Analyst
Building Division Services Supervisor Mechanic
Building Inspector II Network Administrator
Building Maintenance Technician II Parks and Facilities Manager
Building Official Payroll Specialist
Buyer Permit Technician
Circulation Supervisor Planning Assistant
City Recorder Planning Manager
City Surveyor Plans Examiner
Code Compliance Officer Police Chief
Communications/Graphic Designer Police Lieutenant
Community Service Officer Police Officer
Confidential Executive Assistant Police Records Specialist
Court Clerk II Police Records Supervisor
Customer Service Specialist Program Development Specialist
Director of Community Development Project Engineer
Director of Library Services Project Planner
Engineering Assistant Property Evidence Specialist
Engineering Manager Public Information Officer - Police
Engineering Technician II Public Works Director
Environmental Program Coordinator Purchasing Assistant
Executive Assistant to City Manager Records Specialist
Facilities Services Supervisor Redevelopment Project Manager
Financial and Information Services Director Risk Management Technician
Fleet Services Coordinator Senior Engineering Technician
GIS Coordinator Senior Human Resources Analyst
Grounds Supervisor Street Supervisor
Human Resources Analyst Utility Division Manager
Human Resources Director Water Maintenance Technician
City of Tigard
Classification and Compensation Study - Volume II
Page 3 of 19
When we contact the comparator agencies to identify possible matches for each of the
benchmarked classifications, there is an assumption that we will not be able to find
comparators that are 100% equivalent to the classifications at Tigard. Therefore, we do
not just go by job titles, which can often be misleading, but we analyze each class
description before we consider it as a comparator. Our methodology is to analyze each
class description according to various factors and we require that a position's "likeness"
be at approximately 70% of the matched position to be included.
Benchmarking Comparator Agencies
The second and most important step in conducting a market salary study is the
determination of appropriate agencies for comparison. The general objective in selecting
survey agencies is to define as accurately as possible the City's "labor market." A labor
market is generally a group of agencies with which the City competes in terms of
recruiting and retaining personnel.
In considering the selection of valid agencies for salary comparator purposes, a number
of factors were taken into consideration:
1. Organizational type and structure - We generally recommend that agencies of a
similar size, providing similar services to that of Tigard be used as comparators. As a
rule, the more similar employers are in size and complexity, the greater the likelihood
that comparable positions exist within both organizations. Typically, we would start
by identifying similar cities that surround Tigard and are competing with it over the
labor pool within the geographic vicinity.
Tigard's proximity to the City of Portland certainly raises the question as to whether
to include Portland as a comparator or not. However, because Portland is so much
larger with a more complex and different service structure, and a metropolitan city
with many different needs and challenges compared to Tigard, we did not recommend
including it.
The difference in size of organization becomes more difficult when comparing
classes at the management level. The scope of work and responsibility for
management becomes much larger as an organization grows. Things such as
management of a large staff, consequence of error, the political nature of the job, its
visibility, etc. all grow with larger organizations. This especially holds true when
considering the City of Portland's size and number of employees.
However, we did add some new comparator cities that Tigard has not used in the past,
some of which are larger than Tigard in size. The goal is to identify a mix of
agencies where some may be smaller, some of similar size, and some larger, within
reasonable parameters.
City of Tigard
Classification and Compensation Study - Volume II
Page 4 of 19
A part of the discussion with the City regarding comparator agencies included
considering some of the surrounding counties as comparators. However, for similar
reasons of size and differences in organization, services, issues, challenges, no
counties were added to our list of comparator agencies.
2. Similarity of population, City staff, and operational and capital improvement
budgets - These elements provide guidelines in relation to resources required (staff
and funding) and available for the provision of City services. Again, some larger
cities in the geographic area were selected due to Tigard's location and full-service
status.
3. Scope of services provided - Agencies providing the same services are ideal for
comparators and most comparator agencies surveyed provide similar services to
Tigard.
In our analysis, we considered including some of the surrounding counties (as
mentioned above), as well as special districts to increase the likelihood of finding
matches for water, wastewater, and library classifications. However, the differences
in organization, services, compensation plans and structures, and the fact that we
would not find matches for most other classifications within Tigard were reasons not
to include counties or special districts..
4. Labor market - In the reality that is today's labor market, many cities are in
competition for the same pool of qualified employees. No longer do individuals
necessarily live in the communities they serve. As mentioned above, typically, the
geographic labor market area, where Tigard may be recruiting from or losing
employees to, would be taken into consideration when selecting potential comparator
organizations. Furthermore, by selecting employers within a geographic proximity to
Tigard, the resulting labor market will be generally reflective of the region's cost of
living, housing costs, growth rate, and other demographic characteristics.
5. Compensation Philosophy - Does the City regularly conduct a market survey, and,
once completed, how is this information applied? Many agencies pay to the average
or median, others may pay to a higher percentile. In addition, salary ranges may be
set strictly upon market base salary values or may include the total value of salaries
and benefits when developing a compensation policy.
All of these elements were considered in selecting the group of comparator agencies.
City management and the City Council agreed on a list of comparator agencies and the
following eleven (11) agencies were used as comparators for the purposes of this market
study:
City of Tigard
Classification and Compensation Study - Volume II
Page 5 of 19
City of Population Served # of Employees Total Budget
Alban 46,213 417 $195,171,400
Beaverton 89,643 474 $157,344,095
Gresham 97,105 567 $297,862,775
Hillsboro 87,732 650 $312,406,535
Lake Oswego 36,713 345 $192,765,744 Bi-annual
Milwaukie 20,988 123 $41,150,370
Oregon City 30,667 161 $60,700,000
Salem 152,239 1267 $561,700,000
Tualatin 26,208 137 $71,743,000
West Linn 25,209 143 $32,530,881
Wilsonville 16,533 170 $61,400,000
Benchmarking Benefit Data Collection
The last element requiring discussion prior to beginning a market survey is the specific
benefit data that will be collected and analyzed. The following information was collected
for each of the benchmarked classifications:
Monthly Base Salary - The top of the salary range. This was also factored into
the total compensation costs. All figures are presented on a monthly basis.
Employee Retirement - This typically includes several figures, such as the
amount of the City's contribution into the employee's State retirement system
(PERS), the amount of the City's Social Security contribution, and any other
pension contributions that the employer makes on behalf of the employee.
Because of the multitude of options for retirement plans within Oregon's PERS
system as well as major differences between PERS and the City of Tigard's
401(a) pension plan, drawing a comparison between the two retirement systems
was not appropriate. Thus, we have quantified the Social Security benefit
available in all comparator agencies and included a comprehensive summary of
all other retirement-related benefits in Appendix V - Additional Benefits
Information.
Insurance - This is the maximum amount paid by the City for employees and
dependents for a cafeteria plan and/or health, dental, vision, life, long-term and
short-term disability, and employee assistance insurance.
Leave - Other than sick leave, which is usage-based, the number of days off for
which the City is obligated. All days have been translated into direct salary costs.
➢ Vacation - The number of vacation days available to all employees after
five years of employment.
City of Tigard
Classification and Compensation Study - Volume 11
Page 6 of 19
➢ Holidays - The number of holidays (including floating) available to
employees on an annual basis.
➢ Administrative/Personal Leave - Administrative leave is normally the
number of days available to management to reward for extraordinary
effort (in lieu of overtime). Personal leave may be available to other
groups of employees to augment vacation or other time off.
It should be noted that the City of Tigard offers a PTO leave program to
classifications in the Management, Supervisory, and Confidential group. Two
other comparator agencies also offer PTO programs - those are specified in the
Footnotes section of the Benefits Detail in Appendix IIb.
Automobile - This category includes either the provision of an auto allowance or
the provision of an auto for personal use. If an automobile is provided, a standard
monthly value was used to reflect this benefit. We worked with the City's
accounting and fleet management divisions to determine that the average cost for
an automobile is approximately $4,000 per year and used this amount as the
comparator figure.
Deferred Compensation - We captured deferred compensation provided to all
members of a classification without the requirement for an employee to provide a
matching or minimum contribution.
Uniform Allowance - This includes any uniform and and/or tool allowance
and/or an amount specified for the purchase of uniforms. If uniforms are
provided by an agency, the standard monthly value of $50 is assigned.
Longevity - This includes any programs that provide all classifications with
salary increases or lump-sum bonuses after a certain amount of years of services
(usually 10, 15, 20 and/or 25 years). Longevity programs are summarized in the
Additional Benefits table in Appendix V.
Other - This category includes any additional benefits available to all in the
class.
Please note that all of the above benefit elements are entitlements, that is, they are
provided to all members of each comparator class. As such, they represent an on-going
cost for which the City must budget. Other benefit costs, such as sick leave, tuition
reimbursement, and reimbursable mileage are usage-based per individual employee and
cannot be quantified based on a general classification.
Appendix V contains the data we collected regarding benefits that were not quantified,
such as Retirement Plans, Longevity Policies, and any other policies that the City
requested we research (i.e., Police Special Pay).
City of Tigard
Classification and Compensation Study - Volume II
Page 7 of 19
Data Collection
Data were collected in March and April of 2008 through websites, planned telephone
conversations with human resources, accounting and/or finance personnel at each
comparator agency, and careful review of agency documentation, including classification
descriptions, memoranda of understanding, organization charts and other documents.
We believe that the salary data collection step is the most critical for maintaining the
overall credibility of any study. We rely very heavily on the City of Tigard's
classification descriptions developed and approved during the classification part of the
study, as they are the foundation for our comparison. Personnel staff of the comparator
cities were interviewed by telephone, whenever possible, to understand their
organizational structure and possible classification matches.
In identifying appropriate comparisons for Tigard's classifications, we use the same
factors and criteria that we analyze when updating the City's classification plan structure
and determining the proper allocation of each position during the classification study
process. Factors that we consider include:
➢ Education and experience requirements;
➢ Knowledge, abilities, and skills required to perform the work;
➢ The scope and complexity of the work;
➢ The authority delegated to make decisions and take action;
➢ The responsibility for the work of others, program administration, and for
budget dollars;
➢ Problem solving/ingenuity;
➢ Contacts with others (both inside and outside of the organization);
➢ Consequences of action and decisions; and
➢ Working conditions.
All salary survey and benefit information can be found in Appendix II and a summary of
the results can be found in Appendix I. For each surveyed class, there are three
information pages:
➢ Market Base (Top Step) Salary Summary Data
➢ Benefit Detail (Monthly Equivalent Values)
➢ Monthly Total Compensation Cost Summary Data
Our analysis includes the mean (average) and median (mid-point) comparator data for
each benchmarked classification (assuming we were able to identify at least four
matches). Our firm usually recommends reviewing the median, rather than the average,
when evaluating the data. The median is the exact midpoint of all the market data we
collect, with 50% of market data below and 50% of market data above. We recommend
using the median methodology because it is not skewed by extremely high or low salary
values (unlike the mean).
City of Tigard
Classification and Compensation Study - Volume 11
Page 8 of 19
MARKET TOTAL COMPENSATION FINDINGS
As mentioned above, all of the salary, benefits, and total compensation data can be found
in Appendix II of this report. The market base and total compensation salary findings for
each class surveyed are listed below, using average and median base as well as average
and median total compensation, arranged in descending order from the most positive
median base salary percentile (above market) to the most negative (below market). The
percentile represents the difference between Tigard's current base salary/total comp for
each classification and the average and median base salary/total comp of the comparator
agencies.
% Above/ % Above /
% Above/ % Above/ Below Below
Class Title Below Below Average Median
Average Median Base Total Total
Base Salary Salary Compen- Compen-
sation sation
Property Evidence Specialist 8.0% 7.8% 5.4% 5.3%
Community Service Officer 7.3% 5.9% 4.0% 2.1%
Permit Technician 4.7% 5.3% 2.4% 3.7%
Police Records Specialist 5.0% 4.4% 3.9% 1.8%
City Recorder 4.6% 3.4% 5.8% 4.2%
Accountant 3.6% 3.3% 5.7% 7.5%
Management Analyst 5.8% 3.2% 7.9% 7.5%
Library Assistant 0.8% 2.6% -1.2% -0.1%
Maintenance Worker II -0.6% 1.5% -2.6% -1.3%
Planning Assistant 0.4% 1.0% -3.9% -4.0%
Police Lieutenant -2.3% 0.7% -0.7% -0.7%
Project Engineer -3.6% 0.6% -1.1% 2.5%
Director of Library Services 0.7% 0.6% 0.8% -0.6%
Police Officer 0.8% 0.6% -1.1% -0.1%
Water Maintenance Technician 0.0% 0.4% -1.3% -0.2%
GIS Coordinator 0.6% 0.3% -1.7% 1.4%
Network Administrator -1.1% 0.2% 4.8% 5.4%
Human Resources Analyst -2.0% 0.2% 1.3% 1.8%
Information Technology Technician 2.7% 0.0% 0.8% -1.0%
Payroll Specialist -0.8% 0.0% 1.7% 1.5%
Associate Planner -1.6% -0.2% 1.1% 2.9%
Senior Engineering Technician 1.2% -0.4% -0.7% -1.2%
Building Inspector II 0.5% -0.5% -1.1% -2.3%
Grounds Supervisor -2.1% -0.6% 0.0% 1.2%
Information Technology Manager 1.2% -0.9% 3.1% 1.2%
Accounting Assistant II -2.7% -1.0% -3.5% -1.3%
Librarian -1.7% -1.0% -3.1% -2.4%
Court Clerk II 1.9% -1.0% -0.1% -2.1%
Engineering Technician 11 -0.4% -1.0% -2.1% -2.6%
City of Tigard
Classification and Compensation Study - Volume 11
Page 9 of 19
% Above/ % Above /
% Above/ % Above/ Below Below
Class Title Below Below Average Median
Average Median Base Total Total
Base Salary Salary Compen- Compen-
sation cation
Code Compliance Officer -5.9% -1.1% -3.2% 0.7%
Building Official -1.2% -1.3% 0.6% -1.6%
Mechanic -0.9% -1.8% -2.1% -2.5%
Confidential Executive Assistant -2.2% -1.8% 0.7% 2.5%
Administrative Specialist II -3.7% -2.6% -4.2% -2.1%
Street Supervisor -3.5% -2.7% -1.3% 1.1%
Engineering Manager -6.2% -3.1% -4.1% -0.5%
Parks and Facilities Manager -5.2% -3.4% -3.0% -2.6%
Building Maintenance Technician II -3.7% -3.6% -5.2% -3.8%
Financial and Info. Services Director -3.2% -4.4% -6.0% -6.2%
Human Resources Director -9.0% -5.3% -7.8% -4.6%
Police Chief -3.4% -5.4% -2.6% -3.5%0
Accounting Supervisor -6.2% -5.6% -2.2% 0.2%
Engineering Assistant -6.7% -5.9% -8.7% -11.2%
Fleet Services Coordinator -10.2% -6.8% -6.3% -5.6%
Buyer -6.9% -6.8% -2.6% -3.1%
Director of Community Development -8.3% -7.6% -6.7% -6.3%
Utility Division Manager -9.8% -9.0% -7.2% -7.8%
Plans Examiner -11.8% -9.4% -11.6% -9.2%
Police Records Supervisor -10.1% -9.6% -4.9% -4.2%
Redevelopment Project Manager -10.8% -11.6% -7.4% -9.3%
Public Information Officer - Police -15.1% -12.2% -10.8% -10.3%
Planning Manager -14.3% -14.5% -10.2% -7.1%
Public Works Director -10.9% -15.0% -5.7% -7.9%
Facilities Services Supervisor -14.6% -17.0% -9.3% -10.9%
Executive Assistant to City Manager -19.3% -21.4% -12.7% -15.6%
Environmental Program Coordinator -21.2% -25.0% -17.7% -19.6%
Acquisitions Coordinator Insufficient Data for Analysis
Administrative Services Manager Insufficient Data for Analysis
Assistant to the City Manager Insufficient Data for Analysis
Building Division Services Supervisor Insufficient Data for Analysis
Circulation Supervisor Insufficient Data for Analysis
City Surveyor Insufficient Data for Analysis
Communications/Graphic Designer Insufficient Data for Analysis
Customer Service Specialist Insufficient Data for Analysis
Library Services Supervisor Insufficient Data for Analysis
Program Development Specialist Insufficient Data for Analysis
Project Planner Insufficient Data for Analysis
Public Info. Coordinator - Library Insufficient Data for Analysis
Purchasing Assistant Insufficient Data for Analysis
City of Tigard
Classification and Compensation Study - Volume II
Page 10 of 19
% Above/ % Above /
% Above/ % Above/ Below Below
Class Title Below Below Average Median
Average Median Base Total Total
Base Salary Salary Compen- Compen-
sation sation
Records Specialist Insufficient Data for Analysis
Risk Management Technician Insufficient Data for Analysis
Senior Human Resources Anal st Insufficient Data for Analysis
Base Salaries
Market base salary median results show that thirty-six (36) classes at the City are paid
below the market median. Generally, results within 5% of the market median are
considered to be competitive with the market. Of the 36 classes paid below market
median, ten (10) classes are paid below the market median by more than 5%. Five (5)
classes are paid below market by 10% or more. Two (2) classes are paid below market
by 20% or more.
Eighteen (18) classes are paid above market, fifteen (15) of which are within 5% of the
market median. Three (3) classes are paid above market by more than 5% but less than
10%.
Two (2) classes are paid at approximately the market median. Sixteen (16) classes did not
have enough comparators to determine a market median.
Overall, these results show that of the 56 classes for which we found sufficient
comparators, 36 or approximately 64% are paid within 5% of the market and are
therefore considered to be at market. It should also be noted that twenty (20)
classifications, or about 36%, are paid within 1% of the market. These results show that
the City's salaries have kept competitive with market for most classifications.
Total Compensation
Market total compensation median results show that thirty-seven (37) classifications are
paid below market median. Twenty-four (24) of these classes are paid below the market
median by 5% or less and considered to be competitive with the market. Eight (8)
classifications are paid below market median by 10% but more than 5%. Five (5)
classifications are paid below market by more than 10%.
Nineteen (19) classifications are paid above market, fifteen (15) of which are above
market by less than 5%. The remaining four (4) are paid above market by more than 5%
but less than 10%.
Overall, these differences between market base salaries and total compensation indicate
that Tigard's benefit package, in terms of cost, is fairly competitive with that of the
market. Further analysis indicates that the median percentage by which classifications
City of Tigard
Classification and Compensation Study - Volume 11
Page 11 of 19
are below the market median is 1% for base salaries, while that figure changes to 1.3%
below market when we look at total compensation. In other words, although Tigard's
benefits package may have some differences compared to the market, it's overall cost is
comparable. Please see below for a more thorough analysis of these differences.
Benefits
The resulting differences between base salaries and total compensation are very slight
(only 0.3% difference) and suggest that Tigard's overall benefits package is competitive
with the market. The following is an in-depth analysis of how Tigard's benefits do differ
from its market and shows that the degree of differences is not consistent throughout the
surveyed classifications. That is, while for some benchmarked classifications (32),
median total compensation results were closer to market than base salary results, other
surveyed classes (24) resulted in lower total compensation results than the base salary
results.
Further analyses into these differences reveal a couple of major factors:
➢ The City of Tigard offers a PTO (Paid-Time Off) program for it's Management/
Supervisory/Confidential (MSC) classifications in which a six-year employee is
eligible for a total of 14 hours per month of leave (PTO typically includes
vacation, personal, and sick time). All other City classifications are eligible to use
up to 10 hours per month for vacation for a six-year employee and have a separate
sick leave policy. Further analysis indicates that the majority of MSC
benchmarks have a positive difference between base salaries and total
compensation results. In other words, the PTO program was one of the
contributing factors in bringing Tigard's total compensation figures slightly closer
to the market median than base salary results alone. Of the eleven comparator
agencies that participated in this study, two offer PTO programs.
➢ Another factor that resulted in closer-to-market total compensation findings was
the deferred compensation contribution offered to the MSC group. The City of
Tigard provides up to a 3% matching contribution into one of two 457 plans
available for employee participation. Again, because this is offered to the MSC
group classes only, it affected this group's total compensation results positively
while the majority of SEIU and TPOA benchmarked classes showed greater
below-market total compensation results than the corresponding base salary
results. There are five comparator agencies that offer deferred compensation
contributions made by the employer, three of which only offer this benefit to
management/director-level classifications.
Other observations regarding benefits are:
City of Tigard
Classification and Compensation Study - Volume 11
Page 12 of 19
The City of Tigard's insurance package (including health, dental, vision, EAP, life, long-
term and short-term disability premiums) is fairly competitive with the market's average
with total cost almost equal to the market average cost.
While we typically quantify retirement and/or pension benefits to show the actual costs to
the City and comparator agencies, due to the number of options available to Oregon
employees within the PERS system and the evident differences between PERS and
Tigard's 401(a) plan, we have not included these benefit calculations in the total
compensation findings. Nonetheless, the types of plans offered and average employer
costs are summarized in Appendix V. In order to maintain an equivalent comparison
among all comparator agencies we have included the cost for participating in Social
Security in total compensation results.
Overall, based on base salary and total compensation findings and the fact that the
differences between the two are small and inconsistent throughout the various
benchmarked classes and bargaining groups, we have based our salary range
recommendations on base salary median results. We are currently not making
recommendations to change the City's current benefits package. Of course, the City is
aware of the difference between its retirement plan and the PERS program in which all
other comparable cities participate.
INTERNAL SALARY RELATIONSHIPS
Building from the salary levels established for identified benchmark classes, internal
salary relationships were developed and consistently applied in order to develop specific
salary recommendations for all non-benchmark classes. Appendix IV presents the salary
recommendations developed for the City including the internal salary relationship
guidelines used.
While analyzing internal relationships, the same factors were considered that we used in
constructing the City's classification plan, allocating positions to specific classifications
within the plan, and comparing the City's current classifications to the labor market
during the compensation study.
In addition, when considering an appropriate salary range level, there are certain standard
human resources practices that are normally applied, as follows:
➢ As mentioned above, a salary within 5% of the market average or median is
considered to be competitive in the labor market for salary survey purposes
because of the differences in compensation policy and actual scope of the position
and its requirements. However, a closer standard can be adopted by an agency.
➢ Certain internal percentages are often applied. Those that are the most common
are:
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❖ The differential between a trainee and experienced class in a series (I/II or
Trainee/Experienced) is generally 10% to 15%;
❖ A lead or advanced journey-level (TII or Senior-level) position is generally
placed 10% to 15% above the lower experienced level; and
❖ A full supervisory position is normally placed at least 10% to 25% above
the highest level supervised, depending upon the breadth and scope of
supervision.
We can also make internal equity adjustments between classifications such as
Director, Assistant Director and/or Manager, especially within one department.
Some agencies decide to compensate all department heads and/or all division/unit
managers at an equivalent level, a methodology that should be applied only if
departments and units are approximately at a similar size and duties,
responsibilities, and required qualifications are really comparable between those
classifications.
➢ When a market or internal equity adjustment is granted to one class in a series, the
other classes in the series are also adjusted accordingly to maintain internal
equity.
Internal equity between certain levels of classification is a fundamental factor to be
considered when making salary decisions. When conducting a market compensation
survey, results can often show that certain classifications that are aligned with each other
are not the same in the outside labor market. However, as an organization, careful
consideration needs to be given to these alignments because they represent internal value
of classifications within job families, as well as across the organization.
For example, our compensation study showed that department heads are paid at varying
salary levels in the outside world, according to the matches we found at the comparator
cities. To a certain degree, this may be a result of statistical and mathematical variances,
as well as the number of matches found for each of the department head classes. For
example, one department head may have only yielded four (4) matches, where another
yielded eight (8), which creates a certain statistical and mathematical variance between
the two classes.
It is important to consider the organizational "worth" of a classification. Although our
recommendations are generally market driven, we also weigh internal equity very
carefully and determine the most appropriate recommendations based on both market
results and organizational value. This was an essential step in the process due to the
City's history and its long-standing practice to assign the same "worth" to the department
head classifications.
A similar concept was used for the division manager classes.
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Internal relationships were also considered utilizing the factors and practices outlined
above. Consequently, not all currently existing City classes were market surveyed as we
can make certain inferences between classes that have an internal relationship. For
example, we identified the Accounting Assistant II, Building Inspector II, and Associate
Planner as benchmark classes. From these classes we can draw internal relationships and
make inferences in terms of salary to classes such as:
➢ Accounting Technician I
➢ Building Inspector I
➢ Senior Building Inspector
➢ Assistant Planner
➢ Senior Planner
Where possible, current salary relationships were maintained in our salary range
recommendations, unless the results of the classification analysis or labor market data
indicated a change was necessary. The guidelines presented have been applied along
with the labor market salary data to construct a salary plan that is internally equitable
while maintaining a competitive relationship with the external market place. This
information provides the City with the necessary tools in order to maintain the internal
equity of the plan over time.
All salary range recommendations for each classification can be found in Appendix IV.
RECOMMENDATIONS
Proposed Monthly Salary Plan
Currently, the City has three separate salary schedules, one for each of its groups (i.e.,
SEIU, Management/Supervisory/Confidential, and TPOA). The SEIU salary schedule is
comprised of various ranges assigned to SEIU classifications, with seven 5% steps in
each range for a total of a 34% spread between the lowest step of each range to the
highest step. The difference between consecutive ranges is anywhere from 2.4% to 2.8%.
The Management/Supervisory/Confidential group's salary schedule is also comprised of
various ranges, however, this salary schedule does not have steps within each range, but
rather a minimum and a maximum salary. The spread between the minimum and
maximum figures is about 34% (as is in the SEIU schedule). The difference between
consecutive ranges varies between 2.5% and 2.7%. Finally, the TPOA salary schedule is
comprised of six-step salary ranges with a spread of 25.6% to 27.7% between the lowest
step and the highest step of each range. The differences between each step vary
depending on whether a sworn or non-sworn classification is assigned to the
corresponding range. For example, for non-sworn TPOA members the difference
between each consecutive step is approximately 5%. However, for the sworn TPOA
classifications, such as the Police Officer, the differences between consecutive steps span
between 2.5% and 5.3%.
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Upon the City's request we are continuing to use the existing structure of three separate
salary schedules for the three groups listed above; however, we have developed three
schedules that are bringing salary ranges and steps (where applicable) back into a more
mathematically exact alignment (similar to what was in place originally a few years ago
but has slowly changed over the years due to continuous annual adjustments to each
schedule). The proposed new salary schedules are structured as follows: the MSC salary
schedule has 60 ranges (M1 through M60) with a 34% spread between the minimum and
maximum of each range and approximately a 2.5% difference between each range. The
SEIU salary schedule has 55 ranges (S1 through S55) with seven 5%-steps within each
range and a 2.5% difference between ranges. Finally, the TPOA salary schedule has 25
ranges (P1 through P25) with six-5% steps within each range and a 2.5% difference
between each range. The only exception, once again, is within the range assigned to the
Police Officer classification where the difference between the first and second steps is
2.5% instead of the 5% difference found in all other ranges. This recommendation is
based on the City's current practice.
A detailed salary schedule allows for ease of administration and an enhanced capability
to analyze internal relationships. Appendix III contains the proposed salary schedules.
Proposed Salary Range Placements
Appendix IV illustrates the proposed salary range placement for each classification based
on the market data, the rationale for such a recommended placement, and the projected
percentage change. Median-based survey results were used to calculate the
recommendations.
In addition to placing each surveyed classification into the proposed new salary
schedules, we also placed each non-benchmarked classification and those classes for
which we did not find enough market data into the new salary schedules. As explained in
the previous section of this report, we analyzed internal relationships between
classifications of a similar scope, duties, and responsibilities for this purpose.
If the City decides to implement future cost-of-living adjustments, the salary schedules
that we developed can be increased by the appropriate percentage and each individual
salary range will move up with this adjustment. This will ensure that the internal salary
relationships are preserved and the salary schedule remains structured and easily
administered.
IMPLEMENTATION
The City has many options regarding the implementation of a compensation plan. This
decision may be based on such factors as what the City's pay philosophy is, at which
level the City desires to pay its employees compared to the market (i.e., median, mean,
etc.), whether the City is going to consider additional alternative compensation programs
(i.e., additional benefits, performance incentive/bonus programs, paying at a percentile
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above the market median, etc.), and the level of competition with other agencies in the
immediate geographic vicinity over recruitment of a highly-qualified workforce.
Another consideration will be the cost of the proposed salary adjustments and specifically
how to make adjustments to those classifications that are currently below market.
Bringing all employees to the market median may not be feasible to accomplish with one
immediate adjustment.
Immediate Adjustment to Classifications Currently Below Market Median
While the City may be interested in bringing all salaries to the market median, this goal
may not be reached with a single adjustment. Normally, if the compensation
implementation program must be carried over months or years, the classes that are
farthest from the market median should receive the greatest equity increase (separate
from any cost of living increase). If a class is within 5% the median, it would be logical
to make no equity adjustment in the first round of changes. However, if a class is more
than five percent (or more than 10% or 20%) below the market median, a higher
percentage change may be initially warranted to begin minimizing the disparity. The
City may spend additional time to go through a process of deliberation and decision-
making as to what compensation philosophy it should implement to attract, motivate, and
retain a high-quality workforce. However, the City may want to consider adjusting those
classifications' salaries that are currently below the market median as soon as possible,
assuming that incumbents' performance meets the City's level of expectation.
Implementation Option #1 - Step-to-Step Adjustments
One of the most common models is to implement step-to-step adjustments for all
classifications that are currently below the market median. This means that employees
would go to the step of the new salary range (based on our recommendations in Appendix
IV) that corresponds with the salary step that they're currently in.
For example, an employee represented by the Union, who is now at step 4 of the current
salary range, would go to step 4 of the new salary range, regardless of whether that
adjustment represents a 1% or a 15% salary increase. Similarly, a non-represented
employee would go to the level or "place" on the newly recommended salary range that
corresponds with where they are now.
While common, this implementation method is typically also the most costly because
employees would receive their full equity increase within one adjustment.
Implementation Option #2 - Move Salaries into the Step or Level of the New Salary
Range Closest to the Dollar-level Where They Are Now
In this implementation model, salary ranges would be adjusted immediately and to the
full level as recommended in Appendix IV. However, employees' salaries would only be
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adjusted to the step or place in the range that is closest to the employees' current salaries.
This model would provide minimum adjustments to employee salaries and while it is the
most cost conservative model, it would most likely create disparity between represented
and non-represented employees, a consideration the City may want to make that will
greatly affect employee morale.
For example, if an employee's current salary is below the new salary range, the
employees adjusted salary would be set at the new range minimum.
If the employee is represented by the Union and their current salary falls within the new
salary range, the employee's salary would be adjusted to the nearest step within the new
range (without loss of pay), i.e., the employee may now be in step 4 of their current
salary range and may move to step 2 of the new salary range.
However, if the employee is non-represented and their current salary falls within the new
range, the employee would receive no immediate adjustment but simply be placed into
the new range.
Of course, this model would provide more salary increase opportunities (i.e., more room
to grow) than the old range but the disparity between represented and non-represented
employees is significant, i.e., slight equity increases vs. none at all.
Implementation Option #3 - Phased Approach
If implementation is not possible within one fiscal year, a phased-in approach may be
considered. This would allow the City to implement equity increases over two or three
years.
In this method, employees in those classifications that are currently furthest below the
market would receive greater increases than those employees whose classifications are
closer to the market (as mentioned earlier in this report).
As an example, the following guidelines could be applied for the initial (fiscal year
2008/2009) increase:
Market Disparity % Increase
0 to 4.9% 0%
5.0% to 9.9% 5%
10.0% to 14.9% 7.5%
15.0% to 19.9% 10%
20% or more 12.5%
Subsequent increases would be spaced on a similar schedule (at annual intervals) based
upon the remaining disparity after each adjustment.
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Depending upon the City's financial situation, which will have to be reviewed before
each further adjustment is made, all market disparity adjustments would intended to be
completed within three years.
Classifications Above the Market Median
Depending upon which option the City elects to implement the study and how that affects
each classification's salary, the City has the option of Y-rating ("red-lining") all
employees who are near or at the top of the maximum step in their class and whose
classification's salary range is above the proposed median for that class until the market
median "catches up" with their current salary range. This will result in no immediate
loss of income, but will delay any future cost of living increases, or portions thereof, until
the incumbent's salary is within the market-based salary range.
Equity vs. Cost-of-Living Adjustments (COLA)
One aspect of the study that the City needs to consider is the timing of the data collection
and analysis. With any compensation study, we take a snapshot in time of the various
compensation structures and "packages" in place at the time of data collection. Even
though we also obtain data regarding expected adjustments, such as cost of living or
other, we typically only report percentages but do not include future dollar amounts in
our compensation proposals.
For example, many agencies are typically expected to implement COLAs at the
beginning of their fiscal year, which often is July 1. While we will report any known
dates and percentages of salary increases, we will not mix fiscal year 2007/2008 figures
with fiscal year 2008/2009 figures.
Therefore, the City will need to consider any increases resulting from our study
separately from any COLAs that it may implement come July 1. Study adjustments
should always be considered separately from COLAs because the purpose of COLAs is
to keep an organization aligned with the market, while compensation study adjustments
are made to bring the organization into alignment with the market.
ADDITIONAL BENEFITS INFORMATION
The City also asked us to collect additional information from comparator agencies
regarding Incentive Pay for Police. This particular item was broken down into two sub-
categories in Appendix V of this report: (1) Education/Certification Pay and (2) Special
Assignment Pay.
Results of our findings can be found in Appendix V of this report.
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Police Incentive Pay
The City of Tigard requested that Koff & Associates research the types of Incentive Pay
for Police employees.
➢ Ten of the eleven comparator cities offer a variety of education/certification
incentive pay as well as special assignment incentive pay to their police
employees. Examples of education/certification incentive pay include obtaining a
higher DPSST certification than required for a classification, and/or a higher level
of education (e.g., Associate's, Bachelor's Degrees, etc.). Special assignment
incentive pay includes K-9, motorcycle, detective, etc. Please see Appendix V for
a detailed summary table.
The City currently offers 2.5% education/certification pay for Intermediate and/or
AA/AS Degrees; 5% for Intermediate, Advanced, and/or AA/AS Degrees; 7.5% for
Advanced and/or AA/AS Degrees. The City also offers a 5% special assignment pay for
Motorcycle and/or K-9; 3-5% for Detective, Narcotics, TNT, and/or SRO; 2.5% for Gang
Enforcement and/or Transit Police; $50 per month for Bilingual (Spanish) assignments;
and 5% for Acting Supervisor, Coaching, and/or a Higher Class.
In addition to Police Incentive Pay, Appendix V includes a summary table of benefits
information collected but not quantified such as the PERS (or other) retirement programs,
and Longevity Pay Plans.
USING MARKET DATA AND THIS REPORT AS A TOOL
We wish to reiterate our recommendation that this report and our findings are meant to be
a tool for the City to create and implement an equitable compensation plan.
Compensation strategies are designed to attract and retain high-quality staff. However,
financial realities and City expectations may also come into play when determining
appropriate compensation philosophies and strategies. The collected data represents a
market survey that will give the City an instrument to make future compensation
decisions.
It has been a pleasure working with the City on this critical project. Please do not
hesitate to contact us if we can provide any additional information or clarification
regarding this report.
Respectfully Submitted,
Georg S. Krammer
Chief Executive Officer
ATTACHMENT 3
FINAL REPORT
Of The
CLASSIFICATION
AND
TOTAL COMPENSATION STUDY
For The
CITY OF TIGARD
VOLUME I
CLASSIFICATION
June 2008
KOFF & ASSOCIATES, INC.
6400 Hollis Street, Suite 5
Emeryville, CA 94608
510-658-5633 - voice
1.800.514.5195 - toll-free
510-652-5633 - fax
June 10, 2008
Mr. Craig Prosser
City Manager
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
Dear Mr. Prosser:
Koff & Associates, Inc. is pleased to present the final classification and total
compensation report for the study of all positions at the City of Tigard. Volume I
documents the classification study process and provides recommendations for the
classification plan, allocations of individual positions for all City staff, and class
specifications. Volume II, to be sent under separate cover, documents the total
compensation study, findings, and recommendations.
This first volume incorporates a summary of the study's multi-step process which
included results of written Position Description Questionnaires, interviews with
employees and their supervisors and managers, supervisory, management, and employee
review and comments in the form of draft class descriptions, and class allocation
recommendations.
We would like to thank you, Sandy Zodrow, Cathy Herbert, Sherrie Burbank, the Study
Team and other City staff for your assistance and cooperation, without which this study
could not have been brought to its successful completion.
We will be glad to answer any questions or clarify any points as you are implementing
the findings and recommendations. It was a pleasure working with your City and we
look forward to future opportunities to provide you with professional assistance.
Very truly yours,
Georg S. Krammer
Chief Executive Officer
FINAL REPORT
Of The
CLASSIFICATION AND TOTAL COMPENSATION STUDY
For The
CITY OF TIGARD
VOLUME I
CLASSIFICATION
TABLE OF CONTENTS
Page
Background .........................................................................................1
Classification Study Goals ..................................................................2
Classification Study Process ...............................................................2
Classification Concepts .......................................................................3
Classification Findings and Recommendations ..................................6
Maintaining the Classification Plan ....................................................7
Appendix I - Recommended Position Allocations
Appendix II - Recommended Class Descriptions
i
FINAL REPORT
Of The
CLASSIFICATION AND TOTAL COMPENSATION STUDY
For The
CITY OF TIGARD
VOLUME I
CLASSIFICATION
BACKGROUND
In December of 2007, the City of Tigard contracted with Koff & Associates, Inc. to
conduct a classification and total compensation study for all City staff. This study was
precipitated by several factors:
➢ The concern of management and the City Council that employees should be
recognized for the level and scope of work performed and that they be paid on a
fair and competitive basis that allows the City to recruit and retain a high-quality
workforce;
➢ The fact that some class descriptions needed to be systematically reviewed and
updated as they may have no longer reflected current programs, responsibilities,
and technology;
➢ The desire to have a classification and compensation plan that can meet the needs
of the City;
➢ The desire to ensure that the City has adequate career paths and a classification
system that will foster career service within the City; and
➢ The desire to ensure that appropriate internal relationship differentials were used
to provide an equitable and sound compensation plan across City departments.
A total of about two hundred eighty-nine (289) authorized positions were studied in about
one hundred and thirty-two (132) classifications.
CLASSIFICATION STUDY GOALS
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The goals and objectives of the classification portion of the study were to:
➢ Obtain detailed information regarding each position through a variety of
techniques, including written Position Description Questionnaires and interviews
with employees, supervisors, and management;
➢ Prepare an updated classification plan, including updated class descriptions,
position allocations, and career ladders for individual job categories, that:
• Recognizes the scope and level of the various classes and positions;
• Improves the framework for evaluating employee performance during
probationary and continuing periods of employment;
• Allows for organizational change to increase customer service levels and
cost effectiveness;
• Provides an improved basis for recruiting, testing, and selecting
employees; and
• Provides a basis for establishing a compensation plan that is related to the
nature of the work performed.
➢ Provide up-to-date class descriptions and supporting documentation for
compliance with the Americans with Disabilities Act (ADA) and classification
standards, including knowledge, skills, abilities, and other requirements that are
job-related and meet other legal guidelines; and
➢ Provide sufficient documentation to allow the City to maintain the classification
system on a regular basis.
CLASSIFICATION STUDY PROCESS
The classification study procedures were as follows:
➢ An initial meeting was held with the department directors, including City
Administration, to clarify study scope, objectives, processes, and deliverables.
➢ Orientation meetings were held to which all employees were invited, to meet
consultant staff involved with the project, clarify study objectives and procedures,
answer questions, and distribute the Position Description Questionnaires.
➢ After the Position Description Questionnaires were completed and reviewed by
directors, managers, supervisors and consultant staff, interviews were conducted
with all employees.
➢ Following the analysis of the classification information gathered, draft class
concepts, specifications, and position allocations were developed for
management, supervisory, and employee review.
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➢ As organizational changes have occurred during the study, such changes were
included in all draft material.
➢ After resolution of issues, wherever possible, including additional contacts to gain
details and clarification, appropriate modifications were made to the draft
specifications and allocations and this final report was prepared.
CLASSIFICATION CONCEPTS
The Difference between Positions and Classifications
"Position" and "Classification" are two terms that are often used interchangeably, but
have very different meanings. As used in this report:
➢ A position is an assigned group of duties and responsibilities performed by one
person. A position can be full-time, part-time, regular or temporary, filled, or
vacant. Often the word "job" is used in place of the word "position."
➢ A classification or class may contain only one position or may consist of a
number of positions. When you have several positions assigned to one class, it
means that the same title is appropriate for each position; that the scope, level,
duties, and responsibilities of each position assigned to the class are sufficiently
similar (but not identical), that the same core knowledge, skills, abilities, and
other requirements are appropriate for all positions, and that the same salary range
is equitable for all positions in the class.
Just as there is a difference between a position and a class, there is also a difference
between a "position description" and a "class description". A position description
generally lists each duty an employee performs and may also have information about how
to perform that duty. A class description normally reflects several positions and is a
summary document that does not list each duty performed by every employee. The class
description, which is intended to be broader, more general and informational, is intended
to indicate the general scope and level of responsibility and requirements of the class, not
detail-specific position responsibilities.
Positions are evaluated and classified on the basis of such factors as knowledge, skills,
and abilities required to perform the work, the complexity of the work, the authority
delegated to make decisions and take action, the responsibility for the work of others
and/or for budget expenditures, contacts with others (both inside and outside of the
organization), the impact of the position on the organization, and working conditions.
Positions are not classified or allocated to a class based on the performance of the
individual employee, their capabilities or the amount of work they perform.
The Relationship of Classification and Compensation
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Classification and the description of the work and the requirements to perform the work
are separate and distinct from determining the worth of that work in the labor market and
to the organization. While recommending the appropriate compensation for the work of a
class depends upon an understanding of what that work is and what it requires (as noted
above), compensation levels are often influenced by two factors:
➢ The external labor market; and
➢ Internal relationships within the organization.
Compensation findings and recommendations for the City are covered in Volume II of
this report.
The Purpose of Having a Classification Plan
A position classification plan provides an appropriate basis for making a variety of
human resources decisions such as the:
➢ Development of job-related recruitment and selection procedures;
➢ Objective appraisal of employee performance;
➢ Development of training plans and succession planning;
➢ Design of an equitable salary structure;
➢ Organizational development and the management of change; and
➢ Provision of an equitable basis for discipline and other employee actions.
In addition to providing this basis for various human resources management and process
decisions, a position classification plan can also effectively support systems of
administrative and fiscal control. Grouping of positions into an orderly classification
system supports planning, budget analysis and preparation, and various other
administrative functions.
Class Descriptions
In developing the new and revised classification descriptions for all positions, the basic
concepts outlined in the previous pages were utilized. The recommended class
descriptions are included in Appendix II of this report.
As mentioned earlier, the class descriptions are based upon the information from the
written Position Description Questionnaires completed by each employee, the individual
job audit interviews, and from information provided by employees, supervisors, and
managers during the multiple review processes. These descriptions provide:
➢ A written summary documenting the work performed and/or proposed by the
incumbents of these classifications;
➢ Distinctions among the classes; and
➢ Documentation of requirements and qualifications to assist in the recruitment and
selection process.
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The sections of each class description are as follows:
Title: This should be brief and descriptive of the class and consistent with other
titles in the classification plan and the occupational area.
➢ The title of a classification is normally used for organization, classification
and compensation purposes within the City. Often working titles are used
within a department to differentiate an individual. All positions have a similar
level of scope and responsibility; however, the working titles may give
assurance to a member of the public that they are dealing with an appropriate
individual. Working titles should be authorized by Human Resources to
ensure consistency within the City and across departmental lines.
Definition: This provides a capsule description of the job and should give an
indication of the type of supervision received, the scope and level of the work,
and any unusual or unique factors. The phrase "performs related work as
required" is not meant to unfairly expand the scope of the work performed, but to
acknowledge that jobs change and that not all duties are included in the class
specification.
Supervision Received and Exercised: This section specifies which class or
classes provide supervision to the class being described and the type and level of
work direction or supervision provided to this class. The section also specifies
what type and level of work direction or supervision the class provides to other
classes. This assists the reader in defining where the class "fits" in the
organization and alludes to possible career advancement opportunities.
Distinguishing Characteristics: This can be considered the "editorial" section
of the specification, slightly expanding the Definition, clarifying the most
important aspects of the class, and distinguishing this class from the next higher-
level in a class series or from a similar class in a different occupational series.
Examples of Essential Functions: This section provides a list of the major and
essential duties, intended to define the scope and level of the class and to support
the Qualifications, including Knowledge and Abilities. This list is meant to be
illustrative only. It should be emphasized that the description is a summary
document, and that duties change, depending upon program requirements,
technology, and organizational needs.
Qualifications: This section provides a listing of the job-related knowledge and
abilities required to successfully perform the work. They must be related to the
duties and responsibilities of the work and capable of being validated under the
Equal Employment Opportunity Commission's Uniform Guidelines on Selection
Procedures. Knowledge (intellectual comprehension) and Abilities (acquired
proficiency) should be sufficiently detailed to provide the basis for selection of
qualified employees.
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Education and Experience: A listing of educational and experience
requirements that outline minimum and alternative ways of gaining the
knowledge, skills, and abilities required for entrance into the selection process.
These elements are used as the basic screening technique for job applicants.
Licenses and Certifications: Licenses and/or certifications identify those
specifically required in order to perform the work. Note that an appropriate
driver's license is not automatically included in the description because such
license should only be required if it is essential to the successful performance of
the work. Examples of other required certifications include registration as a
Professional Civil Engineer for specific Engineering classes or Wastewater or
Water-related classifications for the respective occupational areas. These
certifications are often required by an agency of higher authority than the City
(i.e., the State), and can therefore be appropriately included as requirements.
Physical Demands: This section identifies the basic physical skills required for
performance of the work. These are not presented in great detail (although they
are more specifically covered for documentation purposes in the Position
Description Questionnaires) but are designed to indicate the type of pre-
employment physical examination (lifting requirements and other unusual
characteristics are included, such as "Finger dexterity needed to access, enter and
retrieve data using a computer keyboard") and to provide an initial basis for
determining reasonable accommodation for ADA purposes.
Environmental Elements: These can describe certain outside influences and
circumstances under which a job is performed; they give employees or job
applicants an idea of certain risks involved in the job and what type of protective
gear may be necessary to perform the job. Examples are loud noise levels, cold
and/or hot temperatures, vibration, confining workspace, chemicals, mechanical
and/or electrical hazards, and other job conditions.
CLASSIFICATION FINDINGS AND RECOMMENDATIONS
All class descriptions were updated or newly created in order to ensure that the format is
consistent, and that the duties and responsibilities are current and properly reflect the
required knowledge, skills, and abilities.
Retitling Recommendations
One change in the classification plan, as noted above, was the retitling of certain classes
to more accurately reflect the actual job responsibilities and duties performed by those in
the class as well as to reflect current industry terminology.
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Classification and Compensation Study - Volume I
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Eleven (11) classifications are recommended for title changes:
Current Class Title Proposed Class Title
Budget & Financial O s Manager Financial Operations Manager
Executive Assistant to Cit Admin. Executive Assistant to City Manager
Microcomputer Support Tech ITSpecialist
Network Technician ITSpecialist
PBX Operator Customer Service Specialist
Police Business Specialist Police Technology Specialist
Property Clerk Property Evidence Specialist
Senior Utility Worker Senior Maintenance Worker
Utility Worker I Maintenance Worker I
Utility Worker II Maintenance Worker II
Water Quality Program Coordinator Environmental Program Coordinator
These title changes are recommended to more clearly reflect the level and scope being
performed by each class, as well as establish consistency with the labor market and
industry standards. Any compensation recommendations (detailed in Volume II) are not
dependent upon a new title, but upon the market value as defined by job scope, level and
responsibilities, and the qualifications required for successful job performance. All class
descriptions are included in Appendix II of this report and recommended position
allocations in Appendix I.
Reclassification Recommendations
During the classification review, we determined that thirty (30) positions in twenty-two
(22) classifications were performing duties beyond their current classifications due to
additional job functions that have been added to the positions over time. Therefore,
approximately 10% of City positions are recommended for reclassification (with possible
salary impact). Those reclassification recommendations can be found in Appendix I.
MAINTAINING THE CLASSIFICATION PLAN - CLASSIFICATION CONCEPTS
A classification plan is not a stable, unchanging entity. Positions may grow and change
depending upon technology, service delivery requirements, and a number of other factors.
The classification concepts that we have included in our report will assist the City in the
future in allocating new and/or realigned positions within the newly recommended
classification structure. By utilizing this process, the City will be able to change and
grow the organization while maintaining a structure that has been created within this
study.
As requests for new positions or reclassifications occur, each of the following factors
should be reviewed.
1. Type and Level of Knowledge, Skill, and Abilities Required
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This factor defines the level of job knowledge, skill, and abilities, including those
attained by formal education, technical training, on-the job experience, and required
certification or professional registration. The varying levels are as follows:
A. The basic or entry-level into any occupational field
This entry-level knowledge may be attained by obtaining a high school diploma,
completing specific technical coursework or obtaining a four-year or advanced
college or university degree. Entry-level positions generally perform more
routine and repetitive duties under direct/immediate supervision, and if within a
class series, the incumbents do not perform the full range of work assigned to the
next higher, journey-level, classification. This level is often used as a trainee
level and incumbents may not need to have any or only very limited experience
upon entry into this level.
B. The experienced or journey-level in any occupational field
This knowledge, skill, and abilities level recognizes a class that is expected to
perform the day-to-day functions of the work independently, but with guidelines
(written or oral) and supervisory assistance available. This level of knowledge is
sufficient to provide on-the-job instruction to a fellow employee or an assistant
when functioning in a lead capacity. Certifications/licenses, such as found in the
City's Public Works and engineering class series, for example, may be required
for demonstrating possession of the required knowledge, skill, and abilities.
C. The advanced or senior level in any occupational field
This knowledge, skill, and abilities level is applied in situations where an
employee is required to perform or deal with virtually any job situation that may
be encountered. Guidelines may be limited and creative problem solving may be
involved. Supervisory knowledge, skill, and abilities are considered in a separate
factor and should not influence any assessment of this factor. This level could
also be attained by having knowledge, skill, and abilities in a highly specialized
area/function of the occupational field, requiring additional specialized training
and/or certifications.
2. Supervisory/Management Responsibility
This factor defines the supervisory and managerial responsibility, including short-
and long-term planning, budget development and administration, resource allocation,
policy and procedure development, and direction of staff.
A. No ongoing direction of programs or staff
The employee is responsible for the performance of his or her own work and may
provide side-by-side instruction to a co-worker.
B. Lead direction of staff or program coordination
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The employee plans, assigns, directs, and reviews the work of staff performing
similar work to that performed by the employee on a day-to-day basis. Training
in work procedures and assistance with employee performance evaluations are
normally involved.
C. Full first-line supervisor
The employee performs the supervisory duties listed above. In addition,
incumbents assigned to this level make effective recommendations and/or carry
out selection, performance evaluation, and disciplinary procedures.
Typically, a first-line, "full" supervisory employee is responsible for directing a
staff of at least two full-time employees.
A Coordinator
The term "Coordinator" is often used for classes responsible for the coordination
and administration of one or more programs or projects.
The employee would typically have responsibility for independently coordinating
one or more programs or projects on a regular basis, including development and
implementation of goals, objectives, policies, and procedures and budget
development and administration. The duties involved would include the
implementation of the program's or project's goals and objectives, oversight of
performance, input as to budget preparation and administration, promotion or
marketing, and evaluation. Incumbents assigned to these classifications may have
limited supervisory responsibility such as exercising functional and technical
supervision over full-time staff, or directing part-time, temporary, and/or contract
staff, volunteers, and/or interns.
E. First full managerial level
The employee is considered mid-management, often supervising through
subordinate levels of supervision. In addition to the responsibilities outlined
above, responsibilities include allocating staff and budget resources among
competing demands and performing significant program and service delivery
planning and evaluation at the division level. Normally, this level would be titled
a division manager/head.
The main difference between the first-line supervisor/coordinator and the full
managerial level is that the latter has full management responsibility over a
recognized division of the organization, while the further oversee an assigned
work unit within the division and often report to the full managerial level.
The supervisor and coordinator will spend a major part of their time performing
hands-on duties and activities within their functional areas, while a manager will
spend the majority of their time on administrative, long- and short-term planning,
and budgeting responsibilities. The managerial level develops, recommends, and
sets the programs and policies of the division, while the supervisory level is more
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involved in the day-to-day implementation and execution of those programs and
policies.
F. Assistant department managerial level
Depending on the size of an organization and/or department, a "second-in-
command" level may be found. The duties and responsibilities of an assistant
department head overlap with that of the department head in various areas but are
more focused on the day-to-day operations of the department. Often times, the
divisions within a department report into the assistant department head who is the
liaison between divisions and the department head. The assistant department
managerial level is also defined by the assumption of almost all (if not all) duties
and responsibilities of the department head in the department head's absence.
G. Department managerial level
The employee is the director of a specified department, normally reporting to the
Chief Executive Officer (i.e. City Manager) or to the governing body (i.e. City
Council). This level is distinguished from the next lower level in that it has
overall responsibility for all programs, projects, functions, and activities of the
department, and for developing, implementing, and interpreting public policy.
H. Chief Executive Officer level
The employee has total administrative responsibility for the organization.
3. Problem Solving
This factor involves analyzing, evaluating, reasoning and creative thinking
requirements. In a work environment, not only the breadth and variety of problems
are considered, but also guidelines, such as supervision, policies, procedures, laws,
regulations, and standards available to the employee.
A. Structured problem solving
Work situations normally involve making choices among a limited number of
alternatives that are clearly defined by policies and procedures. Supervision,
either on-site or through a radio or telephone, is readily available.
B. Independent, guided problem solving
Work situations require making decisions among a variety of alternatives;
however, policies, procedures, standards, and regulations guide the majority of the
work. Supervision is generally available in unusual situations.
C. Application of discriminating choices
Work situations require searching for solutions and independently making choices
among a wide variety of policies, procedures, laws, regulations, and standards.
Interpretation and evaluation of the situation and available guidelines are
required.
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D. Creative, evaluative or analytical thinking
Work situations require the analysis and application of organizational policies and
goals, complex laws, and/or general business or ethical considerations.
4. Authority for Making Decisions and Taking Action
This factor describes the degree to which employees have the freedom to take action
within their job. The variety and frequency of action and decisions, the availability of
policies, procedures, laws, and supervisory or managerial guidance, and the
consequence or impact of such decisions are considered within this factor.
A. Direct, limited work responsibility
The employee is responsible for the successful performance of his or her own
work with little latitude for discretion or decision-making. Direct supervision is
readily available.
B. Decision-making within guidelines
The employee is responsible for the successful performance of their own work,
but able to prioritize and determine methods of work performance within general
guidelines. Supervision is available, although the employee is expected to
perform independently on a day-to-day basis. Emergency or unusual situations
may occur, but are handled within procedures and rules. Impact of decisions is
normally limited to the department or function to which assigned.
C. Independent action with focus on work achieved
The employee receives assignments in terms of long-term objectives, rather than
day-to-day or weekly timeframes. Broad policies and procedures are provided,
but the employee has latitude for choosing techniques and deploying staff and
material resources. Impact of decisions may have significant department or City-
wide service delivery and/or budgetary impact.
D. Decisions made within general policy or elected official guidance
The employee is subject only to the policy guidance of elected officials and/or
broad regulatory or legal constraints. The ultimate authority for achieving the
goals and objectives of the organization are with this employee.
5. Interaction with Others
This factor includes the nature and purpose of contacts with others, from simple
exchanges of factual information to the negotiation of difficult issues. It also
considers with whom the contacts are made, from co-workers and the public to
elected or appointed public officials, outside agencies, and various public and private
groups.
A. Exchange of factual information
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The employee is expected to use ordinary business courtesy to exchange factual
information with co-workers and the public. Strained situations may occasionally
occur, but the responsibilities are normally not confrontational.
B. Interpretation and explanation of policies and procedures
The employee is required to interpret policies and procedures, apply and explain
them, and influence the public or others to abide by them. Problems may need to
be defined and clarified and individuals contacted may be upset or unreasonable.
Contacts may also be made with individuals at all levels throughout the City.
C. Influencing individuals or groups
The employee is required to interpret laws, policies, and procedures to individuals
who may be confrontational or to deal with members of professional, business,
community, or other groups or regulatory agencies as a representative of the City.
D. Negotiation with organizations from a position of authority
The employee often deals with public officials, members of boards, councils,
commissions, and others to provide policy direction, explain agency missions,
and/or negotiate solutions to difficult problems.
6. Working Conditions/Physical Demands
This factor includes specific physical, situational, and other factors that influence the
employee's working situation.
A. Normal office or similar setting
The work is performed in a normal office or similar setting during regular office
hours (occasional overtime may be required, but compensated). Responsibilities
include meeting standard deadlines, using office and related equipment, lifting
materials weighing up to 25 pounds, and communicating with others in a
generally non-stressful manner.
B. Varied working conditions with some physical or emotional demands
The work is normally performed indoors, but may have some exposure to noise,
heat, weather, or other uncomfortable conditions. Stand-by, call-back, or regular
overtime may be required. The employee may have to meet frequent deadlines,
work extended hours, maintain attention to detail at a computer or other
machinery, deal with difficult people, or regularly perform moderate physical
activity.
C. Difficult working conditions and/or physical demands
The work has distinct and regular difficult demands. Shift work (24-7 or rotating)
may be required; there may be exposure to hazardous materials or conditions; the
employee may be subject to regular emergency callback and extended shifts; the
work may require extraordinary physical demands; and/or employees may interact
with upset staff and/or public and private representatives in interpreting and
enforcing departmental policies and procedures.
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Again, we want to thank the City for its time and cooperation in bringing this study to a
successful conclusion. It has been a pleasure working with the City on this critical
project. Please do not hesitate to contact us if we can'provide any additional information
or clarification regarding this report.
Respectfully Submitted,
Koff & Associates, Inc.
Georg S. Krammer
Chief Executive Officer
**Due to the large volume, class descriptions will be submitted to the
City's Human Resources Department under separate cover**