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City Council Packet - 06/22/2010
■ TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING June 22, 2010 COUNCIL MEETING WILL BE TELEVISED 1:1Ofs\Donna\Ccpkt3 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov °`" City of Tigard : Tigard Business Meeting - Agenda ticiao TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) & CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE: June 22, 2010 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 an order after 7:30 .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 you± 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). CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m. The meeting will be rebroadcast at the followingtimes on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL /LCRB /CCDA AGENDA — June 22, 2010 City of Tigard ) 13125 Blvd., Tigard, OR 97223 503 -639 -4171 www.ngard- or.gov I Page I of4 I City of Tigard � _ * :2- Tigard Bus Meeting - Agenda DTIGtARp.,,�,} TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD (LCRB) & CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING DATE /TIME: June 22,.2010/6:30 p.m. Study Session and 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • STUDY SESSION Administrative Items • CITY CENTER DEVELOPMENT AGENCY EXECUTIVE SESSION: The Tigard City Center Development Agency will go into Executive Session for real property negotiations under ORS 192.660(2) (e). 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. 7:3(1 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council, Local Contract Review Board 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 7:35 PM 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Citizen Communication — Sign Up Sheet • Follow -up to Previous Citizen Communication TIGARD CITY COUNCIL /LCRB /.CCDA AGENDA - June 22, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 1 www.tigard- or.gov Page 2 of 7:40 PM 3. PRESENTATION OF AWARD TO "IF I WERE MAYOR" STUDENT CONTEST WINNER • Administration Department Staff 7:45 PM 4. HONOR TIGARD HIGH SCHOOL AMENS TRACK TEAM FOR WINNING THE 2010 OREGON SCHOOL ACTIVITIES ASSOCIATION (OSHA) STATE TRACK AND FIELD CHAMPIONSHIP • Administration Department Staff 7:50 PM 5. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board) These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 5.1 Approve City Council Minutes: a. March 23, 2010 5.2 Approve Tigard Senior Center Lease Renewal 5.3 Authorize the Mayor to Sign an Application for Oregon Pedestrian and Bicycle Program Grant Funds 5.4 City Center Development Agency: Adopt Relocation Policies for the City Center Urban Renewal District — CCDA Resolution No. 10- 5.5 Adopt Collective Bargaining Agreement between the City of Tigard and SEIU 503 /OPEU Local 199, and authorization for the City Manager to Sign — Resolution No. 10- • Consent Agenda - Items Removed jer Separate Discussion: Any items requested to be removed fiom the Conseil t Agenda for separate discussion will he considered immediately after the Council/Local Contract Review Board/ City Center Development Agency has voted on those items which do not need disc7rssion. 7:55 PM 6. PUBLIC HEARING — FISCAL YEAR 2009 -10 SUPPLEMENTAL BUDGET AMENDMENT — RECOGNIZING $3,250,000 IN BOND PROCEEDS FOR THE PACIFIC HIGHWAY /GREENBURG ROAD /MAIN STREET INTERSECTION CAPITAL IMPROVEMENT PROJECT a. Open Public Hearing b, Summation by Finance & Information Services Department c. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public.I- fearing g. Council Consideration: Resolution No. 10- TIGARD CITY COUNCIL /LCRB /CCDA AGENDA — June 22, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard- or.gov I Page 3 of 8:10 PN1 7. IDENTIFY PRELIMINARY LEGISLATIVE PRIORITIES FOR THE 2011 OREGON LEGISLATIVE SESSION a. Staff Report: Administration Department b. Council Discussion and Direction to Staff 8:20 PM 8. DISCUSS DRAFT WEST BULL`MOUNTAIN CONCEPT PLAN a. Staff Report: Community Development Department b. Council Discussion and`Direction to Staff 8:50 PM 9. COUNCIL LIAISON REPORTS 10. NON - AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media ate 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 dosed to the public. 835 P ➢1 12. ADJOURNMENT 1:A \CATriYV \2010A 00622 p Busincss.doc TIGARD CITY COUNCIL /LCRB /CCDA AGENDA — June 22, 2010 City ofTigard I 13125 SW Hall Tigard, OR 97223 I 503- 639 -4171 I www.tigard- or.gov I Page 4 of4 .;1 a +, City° Tigard 7;1GaD Study Session - Agenda TIGARD CITY COUNCIL CITY CENTER DEVELOPMENT AGENCY (CCDA) LOCAL CONTRACT REVIEW BOARD (LCRB) MEETING DATE /TIME: June 22, 2010 — 6:30 p.m. Study Session; 7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 630 PM e STUDY SESSION • Administrative Items: ✓ Review Form for City Manager Annual Performance Review ✓ Review New Council Meeting Tentative Agenda Format • CPFY CENTER DEVELOPMENT AGENCY EXECUTIVE SESSION: The Tigard City Center Development Agency will go into Executive Session for real property negotiations under ORS 192.660(2) (e). 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. Council Calendar: July 5 Monday Fourth of July Holiday Observed — City Offices Closed 12 Monday Special Meeting —Joint Meeting with the Lake Oswego City Council — Dinner at 6 p.m, Meeting at 6:30 p.m., Red Rock Creek Conference Room and Town Hall 13 Tuesday Council Study Session /Business Meeting — 6:30/7:30 pm, Red Rock Creek Conference Room /Town Hall 20 Tuesday Council Workshop Meeting — 6:30 pm, Town Hall 27 Tuesday Council Study Session /Business Meeting — 6:30/7:30 pm, Red Rock Creek Conference Room /Town Hall TIGARD CITY COUNCIL STUDY SESSION AGENDA - June 22, 2010 City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 I www.tigard- or.gov Executive Session — The Public Meetings Law authorizes governing bodies to meet in executive session in certain limited situations (ORS 192.660). An "-executive session" is defined as "any meeting or part of a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (2) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (2) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (2) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (2) (d) - Labor negotiations. (News media can be excluded in this instance.) 192.660 (2) (e) - Real property transaction negotiations. 192.660 (2) (0 - Exempt public records — to consider records that are "exempt by law from public inspection." These records are specifically identified in the Oregon Revised Statutes. 192 -660 (2) (g) - Trade negotiations — involving matters of trade or commerce in which the governing body is competing with other governing bodies. 192.660 (2) (h) - Legal counsel — for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed. 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 chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public in which there has been an opportunity for public comment. 192.660 (2) (j) - Public investments — to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (2) (k)- Relates to health professional regulatory board. 192.660 (2) (1)- Relates to State Landscape Architect Board. 192.660 (2) (m)- Relates to the review and approval of programs relating to security. I: \ADM \CATI IY \CCA SS - PINK SHEET \2010 \10051 I doc TIGARD CITY COUNCIL STUDY SESSION AGENDA — June 22, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.tigard-orgov " City of Tigard TIGARD Memorandum To: Mayor & City Councilors From: Sandy Zodrow, Human Resources Director Re: Annual Performance Review for City Manager Date: June 18, 2010 Enclosed please find a copy of the review forms that were used by the City Council for last year's annual performance review of the City Manager. Two forms were initially utilized, one for the Council to note their comments and ratings, and one for Executive Staff to complete. After all of the parties finished completing their form, the comments and ratings were combined and placed on the "Council Appraisal of City Manager" form. The issue of what kind of review form the Council wishes to use this year is scheduled for discussion at the Study Session on June 22. You may use these forms again, revise them, or direct that a new form(s) be developed. I will be there at the meeting to assist in any way I can. Council Appraisal of City Manager City of Tigard City Manager: Date: City Councilor: Mayor & Council Appraisal SECTION I: PERFORMANCE MEASUREMENT CRITERIA Please designate the appropriate box for each item and include examples, which support the rating. Administrative Ability Planning: Ability to anticipate and analyze problems. Maps effective solutions. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Organizing: Ability to arrange work and efficiently apply resources. Recognizes opportunities for management and operational efficiencies. Exceeds ❑ Fully. Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Timing - Opportunist: Makes decisions when sufficient information is available. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Analytical: In making decisions considers the best available facts, projections, and evidence. To the extent that resources permit, insures that these tools are available. Exceeds ❑ Full Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Job Knowledge: Has a solid understanding of all phases and departments of municipal government. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Personnel Functions Supervision: Builds and motivates a team, provides direction, monitors and adjusts performances as necessary. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: City Manager Performance Appraisal Delegation: Effectively assigns work to others to get City business done efficiently. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Communication with Employees: Listens to employees and openly communicates in older to provide sufficient information to keep the employees motivated and part of the team. Understands their concerns. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Hiring: Recognizes the value of excellent employees and hires and maintains.available staff'. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Labor Relations: Understands contract negotiations and contract administration. Equitably handles problems of grievances among subordinate employees. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Leadership: Motivates encourages and seeks to develop skills and abilities in staff. Sets the standard for performance accountability by example.. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Collaboration Skills:. Builds collaborative trust with staff. Treats staff with respect. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Risk Management: Implements effective programs to limit liability and loss. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement_❑ Comments: Page 2 of 8 City Manager Performance Appraisal Budget and Finance Financial Management: Accurately and concisely reports and projects the financial condition. Managemen•practices and policies are designed to maintain or achieve a sound long -range financial condition. Uses debt cautiously, plans for the long -term replacement and maintenance of equipment and infrastructure. • Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Operational Efficiency: Obtains the best possible end result for the money spent. Monitors efficiency service improvement and effectiveness for all programs. Most economical utilization of manpower, materials and machinery. Exceeds ❑ Fully•Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Community Relations Public Service: Commitment to the service of the public. Recognizes and respects the value of public service. Projects a positive image of the City. Exceeds ❑ Fully. Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Forges Compromises: Has the ability to resolve conflicts with little or no assistance from outside sources. Is a good negotiator. Incredible and builds trust in the community. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Sensitivity: Listens and understands the positions and circumstances of others. Communicates that understanding. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Communication with the Public: Approachable and responsive to the public and takes their concerns and problems seriously, regardless of how insignificant the questions or complaints seem to be. Is able to represent Council at community events and forums. Pursues an outreach style of management as a spokesperson for city issues. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Public Involvement: Involves citizens in city issues and programs. Provides link between the Council and business community. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Media Relations: Develops effective relationships and positive. image with public /media. Is able to accurately articulate,City Council and community goals. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Page 3 of 8 City Manager Performance Appraisal Relation with Council Comn]unication with•Council: Accurately interprets the direction given by the Council. Provides Council with well informed concise oral and written communication. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Accepts Direction: Aggressively responds to the direction of the majority of the Council. Not sidetracked to the minority but recognizes their concerns. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Research: Prepares fully researched materials for Council action including alteratives and recommendations. Analyzes issues and presents policy alternatives to Council with documented justified recommendations. Assures that material is concise and easily understandable. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Intergovernmental Relations Develop Relations: Develops good working relationships with other local, county, regional, state and federal agencies. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Representative: Effectively represents the City on commissions, boards, and committees. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Resource Developer: Exerts appropriate' influence on decisions affecting Tigard from other agencies, gaining resources to benefit the City. Has basic understanding of federal and state grants and appropriations. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Interpersonal Skills Creativity: implements effective and creative solutions to resolve City problems. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Honest, Fair: Consistently demonstrates integrity and honesty, straightforward and impartial. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Page 4 of 8 City Manager Performance Appraisal Adaptable:: Responds positively to a changing work environment and changing local conditions. Does not cling to the status quo fords own sake. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Resilient: Energy and motivation maintained in spite of constant demands. Handles stress well. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Ethical: Conforms to the high standards of the profession. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Professional Development Takes action to acquire new knowledge and skills. Encourages employees to do the same. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs improvement ❑ Comments: Judgment: Thinks logistically and utilizes independent thought to make sound decisions. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Economic Growth Economic Development: Identifies and helps Council create conditions which foster economic development. Understands importance of and knowledge of factors and methods for, maintaining existing businesses, as Well as recruiting new ones. Recognizes relationship of local economy to region and beyond. Develops policies and guidelines to reasonably allocate costs of public improvements and services related to economic development between the public and private sectors. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement Comments: SECTION II: ESTABLISHMENT OF GOALS & OUTCOMES FOR UPCOMING RATING PERIOD Outline the goals for the upcoming period and the desired outcomes. The City Manager's goals should be related to the Community goals. The City Manager goal may include a new project or may include a goal thatis an ongoing fundamental portion of the position. Any number of goals may be set. The desired outcome is the standard against which performance will be measured. These should be specific and measurable including timeframes. :'Dept%Gi4y;Goal�ei �° LIiidi 'iduaPOoal',. Desired %t&ithi ': " Page 5 of 8 City Manager Performance Appraisal 73)diSt/CityLGoaL` :goal r"- ,'?D'egifethOinconie: Milit/eitk :- :gfidiYitlilalcGaialli,:fC JndivIduaIGoa1:k. ST ,I.D.AitLCitS;;.0611 IDelifid9iicconiek j1) MalittcitkrilgEal:;?a,? /gaff& Otiiie: }I)OltteifSr-06,51:I!.; IiidxdEiaLQ�'a1 ;fl :415:6p7ficit34.0ical::4f5ifr itke151/CitYfr:Gbal:,.. Page 6 of 8 • City Manager Performance Appraisal D`ept/CityTGoah lil �Iridividiial�Goal>�_ Desired0utcome:= arefit(City Goahti ¢Indtvidual "Goatg ; i Desired ?Outcome:''; DeptiCityiGoali » '. IndtvidiialzGoal t AD'e ° siiedQutcomei =;- 4mep""'vcos%Goal: 4 In"d vidualFGoa1i1 `;. .e iiedtptlicome: SECTION III: COUNCIL'S SUMMARY COMMENTS The following is an overall performance rating for the City Manager, recommended action by the Council, and sign off. The City Manger's signature does not necessarily mean that the City Manager agrees with the rating, only that the evaluation process has taken place. Summary Comments: Overall Rating (check one): Exceeds: Exceeds expectations in all or majority of categories. Fully Effective: Meets expectations in all categories (may exceed in some) ❑ Developing: does not meet expectations in one or more category Needs Improvement: Does not meet expectations in majority of categories City Manager's Signature Date Mayor's Signature Date Page 7 of 8 Staff Input to the Council Appraisal of City Manager City of Tigard City Manager: Date: Rater: 1[ =eer:fi, e Staff SECTION I: PERFORMANCE MEASUREMENT CRITERIA Please designate the appropriate box for each item and include examples, which support the rating. Administrative Ability Planning: Ability to anticipate and analyze problems. Maps effective solutions. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Organizing: Ability to arrange work and efficiently apply resources. Recognizes opportunities for management and operational efficiencies. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Continents: Timing - Opportunist: Makes decisions when sufficient information is available. Exceeds ❑ Fully Effective ❑ Developing ❑ - Needs Improvement ❑ Comments: Analytical: In making decisions considers the best available facts, projections, and evidence. To the extent that resources permit. insures that these tools are available. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Job Knowledge: Has a solid understanding of all phases and departments of municipal government. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Personnel Functions Supervision: Builds and motivates a team, provides direction, monitors and adjusts performances as necessary. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: City Manager Performance Appraisal Delegation: Effectively assigns work to. others to get City business done efficiently. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Communication with Employees: Listens to employees and openly communicates in order to provide sufficient information to keep the employees motivated and part of the team. Understands their concerns. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Hiring: Recognizesthe value of excellent employees and hires and maintains available staff. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Labor Relations: Understands contract negotiations and contract administration. Equitably handles problems of grievances among subordinate employees. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Leadership: Motivates, encourages and seeks to develop skills and abilities in staff. Sets the standard for performance accountability by example. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Collaboration Skills: Builds collaborative trust with staff. Treats staff with respect. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Risk Management:. Implements effective programs to limit liability and loss. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Page 2 of 6 City Manager Performance Appraisal Budget and Finance Financial Mariagement:• Accurately and concisely reports and projects the financial condition. Management practices'and policies are designed to maintain or achieve a sound long -range financial condition. Uses debt cautiously, plans for the long -term replacement and maintenance of equipment and infrastructure. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Operational Efficiency: Obtains the best possible end result for the money spent. Monitors efficiency service improvement and effectiveness for all programs. Most economical utilization of manpower, materials and machinery. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Community Relations Public Service: Commitment to the service of the public. Recognizes and respects the value of public service. Projects a positive image of the City. Exceeds ❑ Fully Effective ❑ Developing. ❑ Needs Improvement ❑ Comments: Forges Compromises: Has the ability to resolve conflicts With little or no assistance from outside sources. Is a good negotiator. Is credible and builds trust iri'the community. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Sensitivity: Listens and understands the positions and'citcumstances.of others. Communicates that understanding. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Communication with the - Public: Approachable and responsive to the public and takes their concerns and problems seriously, regardless;of how insignificant the questions or complaints seem to be. Is able to represent Council at community events and forums. Pursues an outreach style of management as a spokesperson for city issues. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs improvement ❑ Comments: Public' Involvement: Involves citizens in city issues and programs. Provides link between the Council and business community. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Page 3 of 6 City Manager Performance Appraisal Media Relations: Develops effective relationships and positive image with public /media. Is able to accurately articulate City Council and community goals. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Intergovernmental Relations Develop Relations: Develops good working relationships with other local, county, regional, state and federal agencies. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement. ❑ Comments: Representative: Effectively represents the City on commissions, boards, and committees. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Resource Developer: Exerts appropriate influence on decisions affecting Tigard from other agencies, gaining resources to benefit the City. Has basic understanding offederal and state grants and appropriations. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Interpersonal Skills Creativity: Implements effective and creative solutions to resolve City problems. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Honest, Fair: Consistently demonstrates integrity and honesty, straightforward and impartial. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Adaptable: Responds positively to a changing work environment and changing local conditions. Does not cling to the status quo for its own sake. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Resilient: Energy and motivation maintained in spite of constant demands. Handles stress well. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Ethical.: Conforms to the high standards of the profession. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Page 4 of 6 City Manager Performance Appraisal Professional Development: Takes action to acquire new knowledge and skills. Encourages employees to do the same. Exceeds ❑ Fully Effective ❑ Developin ❑ Needs Improvement ❑ Comments: Judgment: Thinks logistically and utilizes independent thought to make sound decisions. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: Economic Growth Economic Development: Identifies and helps Council create conditions which foster economic development. Understands importance•of, and knowledge of factors and methods for, maintaining existing businesses, as well as recruiting new ones. Recognizes relationship of local economy to region and beyond. Develops policies and guidelines to reasonably allocate costs of public improvements and services related to economic :development between the public and private sectors. Exceeds ❑ Fully Effective ❑ Developing ❑ Needs Improvement ❑ Comments: SECTION II: What do you consider the City Manager's greatest strengths? Do you have any suggestions for the City Manager, which you feel, will improve his effectiveness? Page 5 of 6 City Manager Performance Appraisal Rating Definitions & Scoring Exceeds = 4.0 Fully Effective = 3.0 Developing = 2.0 Needs Improvement = 1.0 Page 6 of 6 Meeting Start Times: Study Session (Type: accstudy): 6:30 p.m. Special Mtg. with Lake Business Meeting (Type: ccbsns): 7:30 p.m. Oswego (Type: ccspec) Workshop (Type: ccwkshop): 6:30 p.m. Dinner: 6:00 p.m. City Council Tentative Agenda Meeting. 6:30 p.m. 6/22/2010 4:31 PM Form Submitted Meeting Type Title Area SubArea Department Division Entered Inbox or # By Date Finalized 14 Sean 07/12/2010 CCSPEC 30 Minutes - Pacific Highway Vision Community Community 06/15/2010 CD Director Ron Bunch Farrelly Presentation Development Development Administration 22 Kathy 07/12/2010 CCSPEC 60 Minutes - Water Project Briefing Public Works Water 06/17/2010 Conf Exec Asst Mollusky Mollusky 33 Cathy 07/12/2010 CCSPEC 30 Minutes - NOT TRANSFERRED TO AQ Administration 6/21/2010 06/21/2010 Wheatley - Lake Oswego Trolley Alternative Analysis DEIS Briefing 34 Cathy 07/12/2010 CCSPEC 30 Minutes - First -Tier Suburbs Administration 06/21/2010 CD Director Ron Bunch Wheatley Demographics 35 '7/12/2010 CCSPEC Consent Item - Dinner at 6 p.m. AL Administration 06/21/2010 06/21/2010 t . 1 ICTotal Time: 150 Minutes (2 Hours, 30 Minutes) 1 I 10 Kathy 07/13/2010 ACCSTUDY 30 Minutes - Consider Study Public Works - Parks 06/15/2010 Conf Exec Asst Mollusky Mollusky Recommendations of Park Acquisitions Session for the Bond Election IITotal Time: 30 of 45 minutes have been scheduled I II F I 8 Sean 07/13/2010 ACONSENT Consent Item - Amend 2010 -11 Fee Community Community 06/14/2010 CD Director Ron Bunch Farrelly Schedule to Adjust Temporary Use Development Development Permit Fees for Downtown Businesses - Administration Resolution 17 Judith 07/13/2010 ACONSENT Consent Item - Appoint Transportation Community Long Range Planning 06/17/2010 CD Director Ron Bunch Gray Advisory Committee Members and Set Development Initial Terms - Resolution ■ 20 Loreen 07/13/2010 ACONSENT Consent Item - Approve Workers' Administration 06/17/2010 Asst. to City Manager Mills Compensation Insurance for Volunteers Mills - Resolution 23 Kathy 07/13/2010 ACONSENT Consent Item - Authorize the Mayor to Public Works Engrg - Const Svcs 06/18/2010 PW Director Mollusky Sign the Dedication and Easement & Support Koellermeier Documents Needed for the Burnham Street Reconstruction Project _ 1 Meeting Start Times: Study Session (Type: accstudy): 6:30 p.m. Special Mtg. with Lake Business Meeting (Type: ccbsns): 7:30 p.m. Oswego (Type: ccspec) Workshop (Type: ccwkshop): 6:30 p.m. Dinner: 6 :00 p.m. City Council Tentative Agenda Meeting: 6:30 p.m. 6/22/2010 4:31 PM Kathy 07/13/2010 ACONSENT Consent Item - Approve IGA Public Works Engrg - Const Svcs 06/18/2010 PW Director Mollusky Amendment with Washington County & Support Koellermeier and ODOT to Record Revised Funding of the Pacific Hwy /Hall Blvd Project L Kathy 07/13/2010 ACONSENT Consent Item - Approve Memorandum Public Works Engrg - Const Svcs 06/18/2010 PW Director Mollusky of Understanding between Metro and & Support Koellermeier Tigard for Washington Square Regional Center Trail 1. - -i 11 Kathy 07/13/2010 CCBSNS 10 Minutes - Info PH- Approve Formation Discussion Public Works Engrg - Const Svcs 06/15/2010 PW Director Mollusky of the Sanitary Sewer Reimbursement or Action & Support Koellermeier District No. 48 (Lower Cherry Dr) Item 13 Kathy 07 /13 /2010'CCBSNS 15 Minutes - Consider an Ordinance Discussion Public Works Engrg - Const Svcs 06/15/2010 PW Director Mollusky Updating Tigard Municipal Code (TMC) or Action & Support Koellermeier 15.20 Street Maintenance Fee Item 25 Kathy 07/13/2010 CCBSNS 15 Minutes - Consider an Ordinance Discussion Public Works Parks 06/18/2010 Conf Exec Asst Mollusky Mollusky Updating TMC 9.04 Park Facility or Action Reservations, General Provisions Item 30 Kathy 07/13/2010 CCBSNS 15 Minutes - Update on Burnham Street Discussion Public Works Engrg - Const Svcs 06/18/2010 PW Director Mollusky and Capital Improvement Program or Action & Support Koellermeier Item ICTotal Time: 55 of 110 minutes have been scheduled II II I I 12 Cathy 07/20/2010 CCWKSHOP 20 Minutes - Review Council City Council Administrative City 06/15/2010 Asst. City Manager Wheatley Groundrules Workshop Services Recorder /Records Newton 21 Darren 07/20/2010 CCWKSHOP 60 Minutes - Joint Meeting with Planning City Council Community Long Range Planning 06/17/2010 CD Director Ron Bunch Wyss Commission - Tree Grove Inventory Workshop Development Discussion 26 Kathy 07/20/2010 CWKSHOP 60 Minutes - Water Rate Consultant City Council Public Works Water 06/18/2010 Conf Exec Asst Mollusky Mollusky Presentation on Water Rate Study Workshop Findings 27 Kathy 07/20/2010 CCWKSHOP 20 Minutes - Water Rate Consultant City Council Public Works Water 06/18/2010 Conf Exec Asst Mollusky Mollusky Presentation on System Development Workshop Charge (SDC) Findings Total Time: 160 of 180 minutes have been scheduled I— --I 2 Meeting Start Times: Study Session (Type: accstudy): 6:30 p.m. Special Mtg. with Lake Business Meeting (Type: ccbsns): 7:30 p.m. Oswego (Type: ccspec) Workshop (Type: ccwkshop): 6:30 p.m. Dinner. 6:00 p.m. City Council Tentative Agenda Meeting. 6:30 p.m. 6/22/2010 4:31 PM 28 Kathy 07/27/2010 ACCSTUDY 10 Minutes - Discussion Regarding Park Study Public Works Parks 06/18/2010 Conf Exec Asst Mollusky Mollusky Bond Resolution Session I Ilrotal Time: 10 Minutes (0 Hours, 10 Minutes) I II II { I 19 Mike 07/27/2010 ACONSENT Consent Item - Award Contract for Public Works 06/17/2010 Streets /Transportation McCarthy Pavement Management Program Slurry Eng. McCarthy Seal 32 Mike 07/27/2010 ACONSENT Consent Item - Intergovernmental Public Works 06/18/2010 5treets/Transportation McCarthy Agreement with ODOT for Study of Eng. McCarthy Potential Improvements to the Pacifc Hwy 99W / Gaarde St / McDonald St Intersection I I 18 Susan 07/27/2010 CCBSNS 30 Minutes - Receive Update and Discussion Community Community 06/17/2010 CD Director Ron Bunch Hartnett Provide Feedback on Revisions to Code or Action Development • Development Compliance Program Item Administration 29 Kathy 07/27/2010 CCBSNS 15 Minutes - Consider Resolution for Discussion Public Works Parks 06/18/2010 Conf Exec Asst Mollusky Mollusky Ballot Measure Regarding the Park or Action Bond Item 47 Kathy 07/27/2010 CCBSNS 10 Minutes - Consider Resolution to Discussion Public Works Water 06/21/2010 PW Director Mollusky Amend Water Fees & Charges or Action Koellermeier Item I ( tTotal Time: 55 of 110 minutes have been scheduled 11 { - - - -I 7 . 7 , .., _ _ , 08/10/2010 ACCSTUDY 15 Minutes - Presentation of the Study Public Works Water 06/21/2010 Conf Exec Asst Mollusk' Mollusk Sanitary Sewer Master Plan Session 37 Kathy 08/10/2010 ACCSTUDY 15 Minutes - Presentation of the Water Study Public Works Water 06/21/2010 Conf Exec Asst Mollusky Mollusky System Master Plan Session I - Total Time: 30 of 45 minutes have been scheduled II II I I I 38 Kathy 08/10/2010 ACONSENT Consent Item - Approve Water System Public Works Water 06/21/2010 Conf Exec Asst Mollusky Mollusky Master Plan - Resolution 39 Kathy 08/10/2010 ACONSENT Consent Item - Approve Sanitary Sewer Public Works Water 06/21/2010 Conf Exec Asst Mollusky Mollusky Master Plan - Resolution 148 Ipcathy IP08 /10 /2010IIACONSENTI1Consent Item - Award Contract for II IlLocal IIPublic Works IIFacilities IIo6 /22 /2010IIConf Exec Asst Mollusky 3 • Meeting Start Times: Study Session (Type: accstudy): 6:30 p.m. Special Mtg. with Lake Business Meeting (Type: ccbsns): 7:30 p.m. Oswego (Type: ccspec) Workshop (Type: ccwkshop): 6:30 p.m. Dinner: 6:00 p.m. City Council Tentative Agenda Meeting 6:30 p.m. 6/22/2010 4:31 PM Mollusky Permit Center Roof Contract Review = Board 49 Kathy 08/10/2010 ACONSENT Consent Item - Award Contract for Local Public Works Facilities 06/22/2010 PW Director Mollusky Construction of the Fanno Creek House Contract Koellermeier Review Board 50 Mike 08/10/2010 ACONSENT Consent Item - Avard Contract for Public Works Engrg - System 06/22/2010 City Engineer Kyle McCarthy Pavement Management Program Design & Operations Pavement Overlays _ f — 1 7 kathy 08/10/2010 CCBSNS 15 Minutes - Burnham Street and CIP Discussion 4 Public Works Engrg - Const Svcs 06/21/2010 PW Director Mollusky Project Reports or Action . & Support Koellermeier Item 41 Kathy 08/10/2010 CCBSNS 15 Minutes - Pass a Resolution Discussion Public Works Water 06/21/2010 Conf Exec Asst Mollusky Mollusky Authorizing the Mayor to Sign the IGA or Action between Tigard and Sherwood for Joint Item Funding of the Water Supply _ ., Improvements If Total Time: 30 of 110 minutes have been scheduled I I 7 Julia 08/17/2010 CCWKSHOP 30 Minutes - Photo Enforcement and City Council Police 06/14/2010 Police Chief Orr Wade Red Light Camera Options for Traffic Workshop Safety 16 Judith 08/17/2010 CCWKSHOP 30 Minutes - Regional Transportation ., Long Range Planning 06/17/2010 Asst CD Director Gray Planning Update -- Progress Report on Development Hartnett Activities Related to High Capacity Transit 42 Kathy 08/17/2010 CCWKSHOP 30 Minutes - Discuss Updating TMC 12 City Council Public Works Water 06/21/2010 Conf Exec Asst Mollusky Mollusky Water and Sewer, and Corresponding Workshop Policies and Procedures Kota! Time: 90 of 180 minutes have been scheduled II II II I- 43 Kathy 09/14/2010 CCBSNS 15 Minutes - Consider an Ordinance Discussion Public Works Water 06/21/2010 Conf Exec Asst Mollusky Mollusky Updating TMC 12, Water and Sewers or Action Item 4 e Meeting Start Times: Study Session (Type: accstudy): 6:30 p.m. Special Mtg. with Lake Business Meeting (Type: ccbsns): 7:30 p.m. Oswego (Type: ccspec) Workshop (Type: ccwkshop): 6:30 p.m. Dinner. 6:00 p.m. City Council Tentative Agenda Meeting: 6:30 p.m. 6/22/2010 4:31 PM 44 Kathy 09/14/2010 CCBSNS 15 Minutes - Burnham Street and CIP Discussion "Public Works Engrg - Const Svcs 6/21/2010 PW Director Mollusky Project Reports or Action & Support Koellermeier I • Item trotal Time: 30 of 110 minutes have been scheduled 1 1 I 45 Kathy 09/21/2010 CCWKSHOP 30 Minutes - Water Rate Consultant City Council Public Works Water 06/21/2010 Conf Exec Asst Mollusky Mollusky Final Recommendations on SDC Update Workshop 46 Kathy 09/21/2010 CCWKSHOP 60 Minutes - Water Rate Consultant's City Council Public Works Water 06/21/2010 Conf Exec Asst Mollusky Mollusky Final Recommendations on Water Rate Workshop Study If Total Time: 90 of 180 minutes have been scheduled I II — Cheryl 09/28/2010 CCBSNS 60 Minutes - Consider a proposed Consent Community Development 06/16/2010 CD Director Ron Bunch Caines Comprehensive Plan Amendment and Agenda Development Services Sensitive Lands Review to extend Wall Street across Fanno Creek to the Fred Fields property. _ IITotal Time: 60 of 110 minutes have been scheduled 1 5 AGENDA ITEM NO.2 - CITIZEN COMMUNICATION .DATE: June 22, 2010 (Limited tat minutes or less, please) The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your.concerns through staff. 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 becomes part of the public record. The names and addresses ofpersons who attend or participate in City ofTigard public meetings will be included in the meeting minutes, which is a public record. NAME, ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also, please spell your name as it sounds, if it will help the presiding officer pronounce: Address SUPPLEMENTAL PACKET City FOR I ).0)0 State Zip (DATE OF MEETING) Phone No. naamaamymcs sign ua\cmzen cammumcaron eoc CITIZEN COMMUNICATION Agenda Item # . 3 Meeting Date June 22.2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Presentation of Award to "If I Were Mayor" Student Contest Winner Prepared By: Joanne Bengtson ll ept Head Approval: (i' City Mgr Approval: l R ISSUE BEFORE THE COUNCIL Present award to winning poster entry in the 2010 Oregon Mayors Association (OMA) "If I Were Mayor..." student contest. STAFF RECOMMENDATION Present $50 Visa gift card to recipient John Marsh, a 5 grader at Alberta Rider Elementary. KEY FACTS AND INFORMATION SUMMARY Between March 31 and May 28, 2010, Mayor Craig Dirksen invited all Tigard students between grades four and twelve to enter the 2010 "If I Were Mayor..." student contest sponsored by the Oregon Mayors Association. On June 8, 2010, Mayor Dirksen selected a winner in the Elementary School Poster Contest. This poster was sent to the OMA in Salem, OR for entry in the statewide competition for new laptop computers. Elementary School Poster: John Marsh, 5 Grade student in Mr. Middleton's class at Alberta Rider Elem. Mr. Marsh receives a $50 VISA gift card for his win at the local level. Statewide winners will be notified along with theft Mayor in mid July. The winners and their parents will be invited to the OMA Annual Conference in Cottage Grove on Saturday, July 31, 2010, to be recognized and receive theft prizes. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS N/A ATTACHMENT LIST Winning Poster entry by John Marsh FISCAL NOTES $55 for gift card (includes the processing fee). . I: \ADM \City Council \Council Agenda Item Summaries \2010 \AIS for If 1 Were Mayor presentation 100622.doc If I Were Mayor I would ... Improve sports fields I would improve all the public baseball fields, football fields, and soccer fields. Stop childhood obesity by making school cafeteria food healthy by serving foods like whole wheat spaghetti, salad, rotisserie chicken, and fruit. I would make recess 45 minutes long each day, and kids get 1 hour of P.E. each day. Improve Highway 99W by fixing the signals to increase - traffic flow. • • Create more bike lanes because there are a lot of bikers in Tigard but, there are not a lot r 0 of bike lanes. Build more sidewalks in order to increase more walk- y in and decrease pollution from cars. I-4mmm, 6 _1.17 11 (�j Y� if I were mayor, I would... he y, wait a minute, • 4 , I AM 2010 STUDENT POSTER /ESSAY /VIDEO CONTEST THE MAYOR! It's that time of year again; time for the Oregon Mayors Association annual student i _ contest! Mayor Dirksen invites Tigard students from fourth through twelfth grade, 4 .� : - ` _ including students who are home schooled, to participate. l -_ . * Enter from March 31 through May 28, 2010. Students must submit their original work 1 with a completed entry form to Joanne Bengtson at Tigard City Hall, 13125 SW Hall Blvd., Tigard, DR 97223 by 5 p.m, `t * Mayor Dirksen and City Council will select one winner in each category: p r\a 4 ‘ I. Elementary School Poster, 2. Middle School Essay and 3. High School Video or PowerPoint presentation. * The local winner in each category will be awarded a $50 VISA Gift Card and recognition at the June 8, 2010 televised Council meeting. lijii4/ , * Each Tigard winner will be entered into the Oregon Mayors Association state- wide contest. Three statewide winners will receive laptop computers! Entry forms are available at Tigard City Hall. Entries must be received at Tigard City Hall by 5 p.m. on May 29, 2010. Er 1 Agenda Item # Meeting Date Tune 22, 2010 COUNCIL AGENDA ITEM SUMMARY City OfI'igard, Oregon Issue /Agenda Tide HONOR TIGARD HIGH SCHOOL MENS TRACK TEAM FOR WINNING THE 2010 OREGON SCHOOL ACTIVITIES ASSOCIATION (OSAA) STATE TRACK & FIELD CHAMPIONSHIP Prepared By: Joanne Bengtson Dept Head Approval: City Mgr Approval: lJ� ISSUE BEFORE THE COUNCIL Honor Tigard High School Men's Track Team and their Coach Erik Smith for winning the 2010 OSAA Division 6A Track & Field State Championship, held at Hayward Field at the University of Oregon on May 28 -29, 2010. • STAFF RECOMMENDATION Information only. KEY FACTS AND INFORMATION SUMMARY Tigard Coach Erik Smith and the 14- member group representing Tigard High School Men's Track Team brought home the high school's first -ever State Track & Field Championship. The track team competes at the 6A level. Tigard team members scored in 9 of the 17 scored events, to win the championship with a final score of 50 points. The second place finisher was Barlow High School with 49 points. The THS Track & Field Team members who competed include Zachary Schlachter, Jordan Latt, Ian Walch, Nick Roche, Sean McGetrick, Ian McGetrick, Joseph.Hart, Austin Sledz, Curtis Middleton, Shane Fekete, Scott Brennan, Beau Hansen, Keith Kostol and Max Jean. The Tigard Assistant Coaches: Kati Hubley, Jason Addy, Bruce Flaker, • Tyler Clarke, Denise Foote and Brendan Watkins. Congratulations on winning the state team championship! The OSAA promotes interscholastic activities that enrich the educational experiences of high school students. OTHER ALTERNATIVES CONSIDERED N /A. CITYCOUNCIL GOALS ATTACHMENT LIST N/A FISCAL NOTES N/A I: \ADM \Cit Council \Council A Ilan Surnrnancs \2010\ VHS '1'rac k "learnt 00522.doc Agenda Item # Meeting Date June 22, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Approve Tigard Senior Center Lease Renewal 2010 -2015 Prepared B. ,` Jj 11_,, Dept Head Approval: 6 City Mgr Approval: ISSUE BEFORE THE COUNCIL Should the Council renew the Senior Center Lease with Loaves and Fishes for five years? STAFF RECOMMENDATION Approve a lease with Loaves and Fishes to use the Tigard Senior Center Building and provide senior services, programs and activities to Tigard -area residents from 6/30/10 through 6/30/15. KEY FACTS AND INFORMATION SUMMARY The City and Loaves and Fishes (L &F) have a long- standing partnership in delivering nutrition, informational and social service programs to senior citizens in the Tigard community. L &F and the seniors using the Center have been good stewards of the property and programming continues to improve to be effective in drawing existing seniors to the Center. Baby- boomers are now starting to come to the Center and this is a priority for Loaves and Fishes. The current Senior Center Lease expires 6/30/10 and has been in place for four years. The proposed lease is for a five -year period expiring 6/30/15 with the City's Facilities Supervisor responsible for management of the lease. The following changes are in the new agreement: • The lease is for a five -year period rather than four years • The City would no longer expect L &F to pay for new Bancroft improvement assessments on the property • Reference to a septic tank on the property is removed since there is none on site • The minimum general liability insurance coverage increased to meet the City's exposure under the recently changed Oregon Tort Claims Act limits from $1 million /occurrence to $2 million /occurrence OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS None ATTACHMENT LIST Senior Center Lease — 2010 -2015 FISCAL NOTES The lease fee remains $1.00 /year. This fee is charged to meet legal requirements that necessitate an exchange of money for a lease to be valid. - w TIGARD SENIOR CENTER LEASE TIGARD THIS LEASE is made and entered into this 22nd day of June 2010, by and between the City of Tigard, an Oregon municipal corporation, hereinafter called City, and Loaves & Fishes Center, Inc., a private, non - profit Oregon corporation, hereinafter called Lessee. WITNESSETH: In consideration of the covenants, agreements and stipulations herein contained on the part of Lessee to be paid, kept and faithfully performed, City does hereby lease to Lessee and Lessee hereby leases from the City the premises, including all improvements located thereon, as is, situated in the City of Tigard, County of Washington and State of Oregon, known and described as Tigard Senior Center, 8815 SW O'Mara Street, Tigard, Oregon. The term of this Lease shall be for a period commencing the 30 day of June, 2010 and ending at midnight on the 30th day of June, 2015 at and for a rental of $1.00 for each year or portion thereof during the said term payable in lawful money of the United States at the Tigard City Hall, 13125 SW Hall Boulevard, City of Tigard, State of Oregon 97223, initially at signing of this lease and then some time prior to July 1" of each year. The Lessee contracts with Washington County to provide services to senior citizens, and desires to use the Tigard facility. The City desires to locate Loaves & Fishes' services in the Tigard Senior Center facility to provide services, programs and activities to Tigard -area residents. In consideration of the above, each party hereto does hereby covenant and agree as follows: (1) LESSEE'S ACCEPTANCE OF LEASE Lessee accepts said letting and agrees to pay to the order of City the rental stated above for the full term of this lease, in the manner aforesaid. (2) USE OF PREMISES Lessee shall use said premises for the following use and no other: ➢ Provision of nutrition and social service programs for the elderly. Said use may include operation of a nutrition and social service program for the elderly, including, but not limited to, dining room and home - delivered meals, informational, educational, and recreational activities, information and referral, health screening, Loaves & Fishes Lease - Tigard Senior Center 2006 -2010 Page 1 counseling, and :fund-raising activities for the program, provided Lessee obtains proper land use and other approvals as may be required prior to initiating operation of said programs. • Lessee and City will jointly continue to develop a method to monitor the performance of Loaves and Fishes programs and service delivery through the Tigard Senior Center. Program and service performance measurement reports are to be filed with City after the conclusion of each fiscal year and not later than October 15t Benchmarks are as follows at the signing of -this lease: • Number of participants using nutrition programs • Number of meals served • Number of minorities served • Number of volunteers and number of volunteer hours • Number of participants using educational /recreational programming. Lessee shall have use of the facility from Monday at 8:00 A.M. through Friday at 5:00 P.M. Lessee shall have first priority for additional use of the facility outside of the hours noted in this paragraph. Lessee's senior programming will target senior education and socialization opportunities. These groups must always welcome seniors and be approved or sponsored by the Center's Steering Committee. City will have the right to use and permit the use by others of the building and the equipment, dishes, utensils, pots, pans, etc. under the following terms and conditions: 2.1 Center Manager or designated representative will schedule all use of the facility between Mondays at 8:00 AM to Fridays at 5:00 PM. The City shall assign a designated person to schedule use of the facility for all time except between Monday at 8:00 AM through Friday at 5:00 PM. Such use shall not interfere with the daily use by Lessee or the facility for the operation of a nutrition and social service program for the elderly; 2.2 Lessee shall assure equipment, dishes, and utensils are left in a sanitary and safe condition; 2.3 City shall be responsible for use by such other users authorized by the City. City shall require such other users wishing to use the kitchen to meet with the Center Manager or designated representative prior to use for kitchen use training. Costs incurred by Lessee resulting from other use will be reimbursed by the City; 2.4 City shall be responsible for the replacement of any equipment, plates, glasses, cutlery, or utensils lost or damaged by such users as the Lessee /City shall discover in its use or supervision of such other use of the facility; and 2.5 City shall be responsible for replacement of food, cleaning compounds, paper, and the supplies owned by Lessee and used by such other users. Loaves & Fishes Lease — Tigard Senior Center 2006 -2010 Page 2 Lessee will not make any unlawful, improper or offensive use of the premises; remove any portion of the structure or fixtures, nor suffer waste thereof. Lessee will not permit anything to be done upon or about said premises in any way tending to create a nuisance, be that at common law or by ordinance or by statute. Lessee shall not store gasoline or other highly combustible materials on said premises at any time nor use said premises in such a way or for such purposes that the fire insurance rate is thereby increased or that would prevent City from taking advantage of reduced premium rates for long term fire insurance policies. Lessee shall comply, at Lessee's own expense, with all laws and regulations of any municipal, county, state, federal or other public authority respecting the use of said premises. Lessee shall regularly occupy and use the premises for the conduct of Lessee's business, and shall not abandon or vacate the premises for more than ten (10) days without written approval of City except when required for major structure maintenance or remodel, which would require relocation of Lessee's business for safety /health reasons. (3) FURNISHINGS AND EQUIPMENT In the event of termination of this agreement, all such furnishings, equipment, and decorations, which are permanently attached to the facility, shall remain in the facility in good repair, with allowance for wear and tear, occasioned by normal use. Each of the parties hereto including the City shall retain ownership of any non- fixture equipment, pots, pans, dishes, utensils, and other personal property acquired by its own funds, by funds received from grants and donations to such party for acquiring such personal property, or such personal property as may be donated to such party. (4) UTILITIES /MAINTENANCE City shall pay for all heat, light, water, sewerage and storm drainage fees, power, sanitary services, and other utilities used in the above premises during the term of this lease except for telephone. Lessee will pay for all telephone utilities. City shall be responsible for janitorial and regular maintenance of the building. Lessee will keep the kitchen clean, in such a way as to meet the standards of Oregon State Health Division for daily cleanliness. Repairs, equipment maintenance, and seasonal cleaning are the responsibility of the City. Loaves & Fishes Lease — Tigard Senior Center 2006 -2010 Page 3 (5) TAXES Lessee agrees to pay all taxes and assessments which during the term of the Lease may become due, become a lien or which may be levied by the state, county, city, or any other tax - levying body upon the premises. Furthermore, Lessee agrees to pay all taxes and assessments on any taxable interest obtained by Lessee through this Agreement or on any taxable possessory interest, which Lessee may have in or to the premises by reason of its occupancy. Furthermore, Lessee agrees to pay all taxes on all taxable property, real or personal, owned by it in or about the premises. Upon making such payments, Lessee shall give the City a copy of the receipts and vouchers showing payment. Lessee understands that City property is exempt from property taxation until leased to a taxable entity. Should Lessee be a non - taxable entity, Lessee will be responsible for making application to Washington County for exempt status from property taxation. Upon being granted exempt status on the property, Lessee will file a copy of said exemption with the City. In the event that the term of the Lease extends beyond June 30 of any year, Lessee shall be responsible for payment of all property taxes for the entire tax year without pro- ration, or, in the event of any change in property tax law, for any taxes due under such law. (6) REPAIRS AND IMPROVEMENTS City hereby agrees to maintain and keep said premises (including all interior and exterior doors, heating, ventilating and cooling systems, interior wiring, plumbing and drain pipes to sewers), in good order and repair during the entire term of this lease at City's own cost and expense. Lessee further agrees they will make no alteration, addition or improvements to or upon said premises without the prior written consent of the City. The City will provide light bulbs and fluorescent tubes, toilet tissue, paper towels, toilet soap and such other supplies needed for daily operation in the restrooms and sink areas outside of the kitchen area. City agrees to maintain the exterior walls, roof, gutters, downspouts and foundations of the building and the sidewalks thereabouts. It is understood and agreed that City reserves to itself (and to at any and all times shall have) the right to alter, repair or improve said premises, or to add thereto and for that purpose at any time may erect scaffolding and all other necessary structures about and upon the premises, and City and City's representatives, contractors and their respective employees and agents for that purpose may enter in or about Loaves & Fishes Lease — Tigard Senior Center 2006 -2010 Page 4 the said: premises with such materials as may be necessary, and Lessee waives any claim to damages resulting there from. (7) CITY'S• RIGHT OF ENTRY It- shall be lawful for City, its agents and representatives, at any reasonable time to enter into or upon the premises for the purpose of examining into the condition and use. (8) TERMINATION OF LEASE Failure to provide services in accordance with the contract to the satisfaction of the City, or its designee, shall result in written notification. Such notification shall be addressed to the Loaves & Fishes Center Director and shall delineate the inadequacies and provide specific remedies stipulating a deadline for resolution not less than 60 days from the date notification is received by the Director. Failure to remedy shall result in termination of the contract by the City. (9) LIENS Lessee will not permit any lien of any kind, type or description to be placed or imposed upon the building in which said leased premises are situated, or any part thereof, or the real estate on which it stands. (10) ICE, SNOW, DEBRIS City shall at all times keep the sidewalks in front of the premises free and clear of ice, snow, rubbish, debris and obstruction, and will not permit rubbish, debris, ice or snow to accumulate on the roof of the building so as to stop up or obstruct gutters or down spouts or cause damage to said roof. (i 1) OVERLOADING OF FLOORS Lessee will not overload the floors of said premises in such a way as to cause any undue or serious stress or strain upon the building, and City shall have the right, at any time, to call upon any competent engineer or architect whom City may choose, to decide whether or not the floors of said premises are being properly used. The decision of said engineer or architect shall be final and binding upon Lessee; and in the event that the engineer or architect decides that the stress or strain is such as to imperil said building in whole or in part, Lessee agrees to immediately relieve said stress or strain in a manner satisfactory to City. Loaves& Fishes Lease — Tigard Senior Center 2006 -2010 Page 5 (12) NO USE OF HAZARDOUS SUBSTANCES No handling, storage, generation, creation, disposal, transportation or discharge of any Hazardous Substances shall be permitted on or about the premises by Lessee, its employees, agents, customers or contractors. This restriction does not apply to ordinary office and janitorial supplies available over the counter for common use by members of the general public. Nor shall this prohibition apply to substances fully contained inside of motor vehicles if they are used in accordance with all applicable legal requirements. As used in this section, "Hazardous Substances" shall mean any substance, material or product defined or designated as hazardous, toxic, radioactive, dangerous or regulated wastes by any federal, state or local regulatory agency. (13) SIGNS Lessee may alter the existing free- standing sign structure upon receipt of a sign permit from the City of Tigard, but shall not, without prior written consent of the City, use the outside walls of said premises, or allow signs or devices of any kind to be attached thereto or suspended there from. (14) FIXTURES All partitions, plumbing, electrical wiring, additions to or improvements upon said leased premises, whether installed by City or Lessee, shall be and become a part of the building as soon as installed and the property of City unless otherwise herein provided. (15) LIGHT AND AIR This lease does not grant any rights of access to light and air over the property. (16) DAMAGE BY FIRE OR OTHER CASUALTY In the event of any damage to the property by fire or other casualty, either party hereto may terminate this lease as of the date of said fire or casualty. (17) GRIEVANCES The resolution of any grievances between the parties shall first be attempted between the City Facilities Supervisor and Loaves & Fishes Center Manager. Grievance resolution second step will be between the City Manager, or designee, and Loaves and Fishes Executive Director or designee. Loaves & Fishes Lease — Tigard Senior Center 2006 -2010 Page 6 (18) INDEMNIFICATION Lessee agrees to fully indemnify, hold harmless and defend the City, its City Council, officers and employees from and against all losses, expenses, claims, damages, judgments or other costs or expenses and actions (including all expenses incidental to the investigation and defense thereof at both trial and appeal level, whether or not a trial or appeal ever takes place) of any kind or nature including, but not limited to, claims or actions based upon or arising out of damages or injuries to third persons or their property, proximately caused (or allegedly caused) through the fault of Lessee, its employees or agents in the use and /or occupancy of the premises except for liability arising out of the negligence of the City and its employees If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. The City shall give Lessee prompt and reasonable notice of any such claims or actions known to the City, and Lessee shall have the obligation to investigate, compromise and defend same, provided such claim is not caused by the negligence of the City, its employees or agents. In the event that there is any bodily injury at, or property damage to, any portion of the premises caused by Lessee or any third party, Lessee shall immediately notify the City's Risk Management representative and cooperate in the City's investigation of said incident. Lessee shall make all reports or documents concerning the incident, whether in their possession or the possession of their insurance carrier available to the City and cooperate with the City in investigating, compromising or litigating the claim against those parties. For any property damage done to or caused by the fault of Lessee, Lessee shall be given the option of repairing the damage or having the City repair the damage at Lessee's expense. The City shall give written notification to Lessee of any damage requiring repair and give Lessee thirty (30) days to commence repair. If within that period, or such other period as may be mutually agreed upon, no effort has been made to effect repairs, then the repairs will be performed by the City and billed to Lessee. For damage done to or at the property or premises by third parties for which Lessee is not responsible, the City shall bear the initial cost of investigating, compromising or litigating the claim, but may recover such costs if otherwise permitted by law or this Agreement. Loaves & Fishes Lease — Tigard Senior Center 2006 -2010 Page 7 (19) INSURANCE REQUIREMENT Insurance requirements set forth below do not in any way limit the amount or scope of liability of Lessee under this Agreement. The amounts listed indicate only the minimum amounts of insurance coverage the City will accept to help insure full performance of all terms and conditions of this Agreement. All insurance required by Lessee under this Agreement shall meet the following minimum requirements: (19.1) Certificates: Notice of Cancellation. On or before the Effective Date, Lessee shall provide the City with certificates of insurance establishing the existence of all insurance policies required under this Section. Thereafter, the City must receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the expiration or cancellation of any insurance policy. No insurance policy may be canceled, revised, terminated or allowed to lapse without at least thirty (30) days prior written notice being given to the City. Insurance must be maintained without any lapse in coverage during the entire initial Term and any extension thereof. Insurance canceled without City consent shall be deemed an immediate Event of Default under this Agreement. The City shall also be given certified copies of Lessee's policies of insurance, upon request. (19.2) Additional Insured. The City shall be named as an additional insured in each required policy and, for purposes of damage to the Premises, as a loss payee. Such insurance shall not be invalidated by any act, neglect or breach of contract by Lessee. (19.3) Primary Coverage. The required policies shall provide that the coverage is primary, and will not seek any contribution from any insurance or carried by the City. (19.4) Company Ratings. All policies of insurance other than Workers' Compensation must be written by companies having an A.M. Best rating of "A -VII" or better, or equivalent. The City may, upon thirty (30) days written notice to Lessee, require Lessee to change any carrier whose rating drops below an A -VII rating. (19.5) Required Insurance. At all times during this Agreement, Lessee shall provide and maintain the following types of coverage: 19.5.1 General Liability Insurance. Lessee shall maintain an occurrence form commercial general liability policy, personal injury liability, Loaves & Fishes Lease — Tigard Senior Center 2006-2010 Page 8 for the protection of Lessee and the City, insuring Lessee and the City against liability for damages because of personal injury, bodily injury, death, or damage to property (including the loss of use thereto and occurring on or in any way related to the premises or occasioned by reason of the operations of Lessee. Such coverage shall name the City as an additional insured. Coverage shall be in an amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury and property damage for all coverage specified herein. The required two million dollars of coverage can be provided on a primary coverage bases or on a primary /excess combination bases. City will also provide the same coverage, naming Loaves and Fishes as an additional insured. 19.5.2 Fire Legal Liability Insurance. The City shall insure the building space and all improvements affixed thereto considered to be part of premises, being managed by Lessee. Lessee is responsible to insure all of its own personal property, which items shall not be covered by City insurance. Furthermore, Lessee must at all times carry Fire Legal Liability insurance coverage in an amount not less than One Hundred Thousand Dollars ($100,000). Such coverage shall name the City as an additional insured. 19.5.3 Workers' Compensation Insurance, Lessee shall maintain in force Workers' Compensation insurance for all of its employees. In lieu of such insurance, Lessee may maintain a self- insurance program meeting the requirements of the State of Oregon. Coverage shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. 19.6 Periodic Review. The City shall have the right to periodically review the types, limits and terms of insurance coverage. In the event the City determines that such types, limits, and /or terms should be changed, the City will give Lessee a minimum of thirty (30) days notice of such determination and Lessee shall modify its coverage to comply with the new insurance requirements of the City. Lessee shall also provide the City with proof of such compliance by giving the City an updated certificate of insurance within fifteen (15) days. (19.7) Subrogation. Except as limited by this subsection, the parties hereto waive any right of action that they might have against the other for loss or damage, to the extent that such loss or damage is covered by any insurance policy or policies Loaves & Fishes Lease - Tigard Senior Center 2006 -2010 Page 9 and to the extent that proceeds (which proceeds are free and clear of any interest of third parties) are received by the parties claiming the loss or damage. This waiver of subrogation shall not extend to any applicable deductibles under such policy or policies. (20) DELIVERING UP PREMISES ON TERMINATION At the expiration of said term or upon any sooner termination, Lessee will quit and deliver up said leased premises and all future erections or additions to or upon the same to City or those having City's estate in the premises, peaceably, quietly, and in as good order and condition, reasonable use and wear thereof, damage by fire, unavoidable casualty and the elements alone excepted, as the same are now in or hereafter may be put in by City. (21) BREACH OF LEASE TERMS If Lessee fails to keep, perform or observe any of the terms and /or conditions imposed on it by this Lease for a period of thirty (30) or more days after written notice of said failure by the City, or Lessee fails to surrender possession of the premises at the Lease's conclusion, then, and in either event the City may terminate the Lease at any time thereafter without further notice or demand on Lessee, enter the premises and lawfully repossess it, expel Lessee (as well as any others claiming through Lessee) and remove /store Lessee's effects (all at Lessee's expense) without prejudice to any other remedy, action or suit which the City may be entitled to for arrearage, damages to the property or its interests and /or breach of this lease. PROVIDED, ALWAYS, and these presents are upon these conditions, that (1) if Lessee shall fail or neglect to do, keep, perform or observe any of the covenants and agreements contained herein on Lessee's part to be done, kept, performed and observed and such default shall continue for thirty (30) days or more after written notice of such failure or neglect shall be given to Lessee, or (2) if on the expiration of this lease Lessee fails to surrender possession of said leased premises, then and in either or any of said cases or events, City may terminate this lease and at time thereafter, without further demand or notice, may enter said premises and repossess the same, and expel said Lessee and those claiming by, through and under Lessee and remove Lessee's effects at Lessee's expense, and store the same, all without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used for arrears of rent or preceding breach of covenant. Neither the termination of this lease by forfeiture nor the taking or recovery of possession of the premises shall deprive City of any other action, right, or remedy against Lessee for possession or damages, nor shall any omission by City to enforce any forfeiture, Loaves & Fishes Lease — Tigard Senior Center 2006 -2010 Page 10 right or remedy to which City may be entitled be deemed a:waiver by City of the right to enforce the performance of all terms and conditions of this lease. by Lessee. (22) HOLDING OVER In the event Lessee for any reason shall hold over after the expiration of this lease, such holding over shall not be deemed to operate as a renewal or extension of this lease, but shall only create a tenancy from month to month which may be terminated at will at any time by City. (23) NOTICES Any,notice required by the terms of this lease to be given by one party hereto to the other or desired so to be given, shall be sufficient if in writing contained in a sealed envelope, deposited in the U.S. Registered Mails with postage fully prepaid, and if intended for City herein then if addressed to said Lessor, in care of the Facilities Supervisor, at Tigard City Hall, 13125 SW Hall, Tigard, Oregon 97223 and if intended for Lessee then if addressed to Lessee, in care of the Director, at 8815 SW O'Mara Street, Tigard, Oregon 97223. Any such notice shall be deemed conclusively to have been delivered to the addressee thereof forty- eight (48) hours after the deposit thereof in said U. S. Registered Mails. (24) HEIRS AND ASSIGNS All rights, remedies and liabilities herein given to or imposed upon either of the parties hereto shall extend to, inure to the benefit of and bind, as the circumstances may require, the heirs, executors, administrators, successors and, so far as this lease is assignable by the term hereof, to the assigns of such parties. (25) ASSIGNMENT No part of this Agreement may be assigned, nor may a right of use to any portion of the premises or property be conferred on any third person by any other means, without the prior written consent of City. Any assignment or attempted assignment without the City's prior written consent shall be void. (26) CONDEMNATION If the premises or any interest therein is taken as a result of the exercise of the right of eminent domain, this Agreement shall terminate as to such portion as may be taken. Loaves & Fishes Lease — Tigard Senior Center 2006 -2010 Page 11 (27) NON - WAIVER Waiver by either party of strict performance of any provision of this Agreement shall not be a wavier of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. (28) ADHERENCE TO LAW Lessee shall adhere to all applicable federal, state and local laws, rules, regulations and ordinances, including laws governing its relationship with its employees, including but not limited to, laws, rules, regulations and policies concerning Workers' Compensation, minimum and prevailing wage requirements and occupational safety and health requirements. (29) TIME OF ESSENCE It is mutually agreed that time is of the essence in the performance of all covenants and conditions to be kept and performed under the terms of this Agreement. (30) WARRANTIES /GUARANTEES Except for those warranties specifically set forth herein, the City makes no warranty, guarantee or averment of any nature whatsoever concerning the physical condition of premises, and it is agreed that the City will not be responsible for any loss, damage or costs, which may be incurred by Lessee by reason of any such physical condition. (31) HEADINGS The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. (32) CONSENT OF CITY Whenever consent approval or direction by the City is required under the terms contained herein, all such consent, approval or direction shall be received in writing from the City Manager. Loaves & Fishes Lease — Tigard Senior Center 2006 -2010 Page 12 (33) MODIFICATION Any modification of this Agreement shall be mutually agreed upon and reduced to writing, and to the extent it does not affect a major business term of the Agreement, may be done for the City, by its City Manager. (34) GOOD FAITH The terms and conditions set forth in this Agreement are for the benefit of both parties. The parties further agree and understand that time is of the essence. In the performance of the duties and obligations set forth herein, there is an obligation and duty of reasonable diligence and good faith imposed on the parties to fulfill the terms, conditions and covenants in this Agreement. (35) ATTORNEY FEES In the event of a dispute between the parties as to the interpretation or applicability of any of the provisions of the Agreement and the parties are unable to resolve the matters through mediation within thirty (30) days of notice of the dispute, and thereafter a suit or action is instituted in connection therewith, the prevailing party shall be entitled to recover in addition to costs and disbursements (including experts fees and all costs associated with discovery), such sum as the court may adjudge reasonable as attorney fees, or in the event of appeal, such fees as may be as allowed by the appellate. court. Washington County District Court shall be the venue for an action or suit concerning the terms of this Agreement. (36) ENTIRE AGREEMENT It is understood and agreed that this instrument contains the entire Agreement between the parties. It is further understood and agreed by Lessee that the City and its agents have made no representations or promises with respect to this Agreement or the making or entry into this Agreement, except as in this Agreement expressly set forth. Loaves & Fishes Lease — Tigard Senior Center 2006 -2010 Page 13 (37) WARRANT OF AUTHORITY The individuals executing this Agreement warrant that they have full authority to execute this Agreement on behalf of the entity for whom they are acting herein. IN WITNESS WHEREOF, the respective parties have executed this instrument in duplicate on this, the day and year first hereinabove written, any corporation signature being by authority of its Board of Directors or Council. CITY: CITY OF TIGARD LESSEE: LOAVES & FISHES CENTERS, INC. By: By: Craig Dirksen, Mayor Joan Smith, Executive Director Loaves & Fishes Lease - Tigard Senior Center 2006 -2010 Page 14 Agenda Item # 5-3 Meeting Date 6/22/10 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title:'Oregon Pedestrian and Bicycle Program • Prepared By: Duane Roberts Dept Head Approval: e / City Mgr Approval: el ISSUE BEFORE THE COUNCIL / Should Council authorize the Mayor to sign an application for Oregon Pedestrian and Bicycle Program Grant funds? STAFF RECOMMENDATION Authorize the Mayor to sign the application. KEY FACTS AND INFORMATION SUMMARY The proposal is to infill two sidewalk gaps located on the same side of Flall Blvd. and connecting to the Tigard Public Library. Closing these gaps will enhance the walking experience by separating pedestrians and road users and allowing residents with limited mobility a safer walking route than the shoulder of the road. The first gap is north of Woodruff Bridge. The second gap is south of McDonald Street. Attachment 1 shows the location of the proposed improvements. The northern sidewalk segment abuts and overlooks the 5 -acre riparian natural area, owned by the City and enhanced and actively managed by Clean Water Services. The natural area is habitat for the last known breeding population of Western Pond Turtle within the Portland Urban Growth Boundary. To avoid the potential permanent impact on Pond Turtle habitat, it is proposed to construct a sidewalk that would protect the edge of the habitat area. This is done by constructing an elevated boardwalk and handrail with fence cables strung horizontally to avoid increasing the flood level at this location. This design would minimize impact and, by protecting the entire site, would provide a greater opportunity for wildlife viewing from the sidewalk. Endorsement letters have been solicited from a sight impaired resident who lives in the vicinity, Community Partners for Affordable Housing, the Willamette Pedestrian Coalition, and the Tualatin Riverkeepers. A copy of the Riverkeepers letter has been received and is attached. The ODOT District 2 Manager and an ODFW representative have visited the site and are in support of the project. Finance Department review of the application is in,process. OTHER ALTERNATIVES CONSIDERED Not authorizing the Mayor to sign the application. CITY COUNCIL GOALS Goal # 1: Implement the Comprehensive Plan. The sidewalk project is identified in the Transportation System Plan. C:ADocumcnts and Settings \ Toby VInca] ScningsV'I'c-mporan I mrrnci PilesVContent OuduokV A'P01DMS7V622 -1 a :US OR Pcd -Bike Granr I'v igram.dnc 1 ATTACHMENT LIST Attachment 1: OR Pedestrian -Bike Program Application Attachment 2: Tualatin Riverkeepers endorsement letter FISCAL NOTES The Adopted FY 2011 Budget and CIP includes $141,000 for Sidewalk and Pedestrian Improvments, which include $20,000 of internal staff time. All the costs are funded from the Gas Tax Fund. With the grant, the total project cost is $417,900 of which $317,900 (76 %) is charged to grant funding and $100,000 (24 %) to local funding. The City funding would come from in -kind internal staff time of $50,000 and construction cost of $50,000. Award and acceptance of the grant will require a supplemental budget. While the Citv's share is within budget, the mix of the costs is not. Additionally, Tigard would need to appropriate the grant funds and increase the size and mix of the expenditures for the Sidewalk and Pedestian lmprovments project. C:AUoeuments and SettingsVTnbyALocal 5LttingsVTan Torury I ntcrnct Piles V CONCOLOutlookVA'P(IYUMS7 \( -10 AIS OR l'kJ -Hike Grant 1 rogram.Juc • 7 FY 2012 -20 ATTACHMENT IT ><Lnanto PEDESTRIAN &BICYCLE IMPROVEMENT Trens /on GRANT APPLICATION CHECKLIST Use this checklist to ensure your application is complete. Maximum Item description pages Required: Z Application 3 Z Signature page with all applicable signatures 1 ® Maps 3 Z Project budget 1 ' ® Letters of support 4 ® Matching funds 10% of total project costs 734 -2702 (4 /08) Bicycle- Pedestrian Program Grant Application Checklist AlTACHMENT 2 � TUALATIN RIVERKEEPERS. �' Oregon g 12360 SW Main Street • Tigard, O on 91223 J i0) 5 03. 620.1501 • fax: S03- 620 4645 • email: into @tualatiniiverkeepers.org www.tualatinriverkeepers.org June 9, 2010 Ron Kroop District Manager Oregon Department of Transportation 6000 SW Raab Rd. Portland, OR 97221 1 Dear Mr. Kroop, Tualatin Riverkeepers offers its support for the City of Tigard's application for competitive ODOT Pedestrian - Bicycle Improvement Grant funds to finance the closing of two sidewalk gaps along Hall Boulevard with an environmentally sensitive boardwalk and bridge. The of this project is perhaps the last known occurrence of Western Pond Turtles in the Portland metropolitan area. Restoration efforts by the city have been significant and the area is known by our members as a rich urban wildlife viewing area and we have led public nature walks in around the area. This area is also designated as Highest Value Habitat on the Metro Significant Habitat Resources Inventory. The boardwalk and bridge will accommodate pedestrians and wildlife observers while keeping people a safe distance from the wildlife and out of the frequent winter flood waters and dangerous traffic. The project is perfectly aligned with ODOT's value of providing services and facilities in ways that protect and enhance the environment and with ODOT's goal to improve safety. Tualatin Riverkeepers has more than 800member families that support our efforts to protect and restore the Tualatin River system through education, advocacy, restoration and access to nature. We urge ODOT's support for this project. Thank you for your consideration. Sincerely, g Brian Wegener, Riverkeeper 11 �J in .).„ - I f 411- iikhh4 n ....., ... 1 7 zr iff 'm iin k._ �Nrler - II r 4 fit y . I t , NS ,�`, 4� � 1 4 i n 4 k Tigard 'M]Liii k,- I T ; I a 0,17 - w liga s • : j .0,t4 ... it a Ell I/11 Li pi 0 a �y ; - r1 Mill 1 iiro to „, .„ s t ,,,,,,,,, , \ i \., 111 ... i m 4 1h api IF , it _,Adin. k 16.. \ 4 4 , 1 IlliEL.,A=J ir'MMIIIIIIIIbll 4 141 14 F a 4)- III Allills g : . ; 1 i p f . 1 : , a Hall Blvd A Infill Sidewalk H all Blvd `_ : . Infill Sidewalk . (South Segment) , .� , 1_ (North Segment) 4i .... 4 I r.-c c : ... . r - iii , 4 /IL 611 \i , 1 PI Millkj i trilleiratz IL? aii w ii � hum k . - Agenda Item # / Meeting Date June 22, 2010 CITY CENTER DEVELOPMENT AGENCY AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Adopt Relocation Policies for the City Center Urban Renewal District q P Prepared By: Sean Fancily Dept Head Approval: / t.A. City Mgr Approval: l/� ISSUE BEFORE THE CITY CENTER DEVELOPMENT AGENCY f Shall the City Center Development Agency approve a resolution adopting Oregon Revised Statutes 35.500- 35.530 as its relocation policy? STAFF RECOMMENDATION Staff recommends that the City Center Development Agency approve the resolution adopting ORS 35.500 - 35.530 as its relocation policy. KEY FACTS AND INFORMATION SUMMARY The City Center Urban Renewal Plan authorizes the City Center Development Agency to purchase property from willing sellers. The Urban Renewal Plan also specifies that before the Agency acquires any property, it must adopt relocation regulations. Oregon and Federal Law Oregon State Law ORS 35.500 to 35.530 governs relocation payments and assistance to persons or businesses displaced by public entities, including urban renewal agencies. This law states that the relocation of residences, businesses, and non - profits be accomplished in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act ( "the Uniform Act "). The Act details a list of compensation that must be paid by public entities when tenant relocation is needed due to property acquisition. City of Tigard Relocation Policies The City of Tigard currently does not have an adopted relocation policy, but when it has purchased properties for road or park projects that required relocation of tenants, it has conformed to ORS 35.500- 35.530 and the Uniform Relocation Act. City Center Development Agency Relocation Policies As set forth in the Urban Renewal Plan, when a voluntary sale to the Agency is made, and the tenants (business or residents) need to be relocated, they are Untitled to relocation benefits. The CCAC recommended that the CCDA adopt policies consistent with ORS 35.500 — 35.530. The City Attorney has determined that the CCDA can adopt the regulations pertaining to the Relocation of Displaced Persons, at ORS 35.500 — 35.530, in its entirety and any subsequent amendments thereto, as it relocation policy. • OTHER ALTERNATIVES CONSIDERED None. CITY COUNCIL GOALS Goal 2: Implement Downtown Urban Renewal ATTACHMENT LIST Attachment 1: Resolution adopting City Center Development Agency Relocation Regulations Attachment 2: Oregon Revised Statutes 35.500- 35.530 FISCAL NOTES Any relocation benefits required as the result of CCDA property purchase would be paid with urban renewal funds. The FY 2010 -11 CCDA budget has a line item "Opportunity Fund" from which this could be paid. ➢rtAn councI maletlals@O10Y6-23d 0 coda ref nnon a'sdoc Agenda Item # 6 Meeting Date tune 22, 2010 COUNCIL AGENDA ITEM SUMMARY Cite Of Tigard, Oregon Issue /Agenda Title Ado lion of new Collective Bar. 'Inn! A rreement between the Ci 7 of Ti and and SI IU 503 OPLU Local 199, and authorization for City Manager to sign Prepared 13y: Sandy Zodrow / X Dept Head Approval: ( 4 City \IRr Approval: (7P ISSUE BEFORE THE COUNCIL J V Should the Council approve a new collective bargaining agreement between the City of Tigard and SEA U 503 /OPEU Local 199 for the period from July 1, 2010 to June 30, 2013? STAFF RECOMMENDATION Adopt the attached Resolution approving a new collective bargaining agreement with SEIU 503 /OPFU Local 199 and authorize the City Manager to sign the agreement KEY FACTS AND INFORMATION SUMMARY The terms of this agreement with SEIU /OPEU and the City of Tigard were reviewed with the Council at its Executive Session on June 15, 2010. The current collective bargaining agreement will expire on June 30, 2010. Major highlights of this new agreement include a three (3) year contract expiring in June of 2013; no cost of living adjustment to SEIIJ represented employees during FY10 -11; minitnum /maximum floor for annual CPI index adjustment in year 2 and 3 reduced from 2 -4% to 0 -4 %; continued maximum City contribution increase of 10% for each year of the agreement for health insurance; and language changes under the Layoff article changing the order of layoff to within the department as opposed to current layoff on a city wide basis. OTHER ALTERNATIVES CONSIDERED NA CITY COUNCIL GOALS NA ATTACHMENT LIST None FISCAL NOTES Appropriate funding has been providing for in the I -11 adopted budget Agenda Item # Meeting Date June 22, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide FY 2009 -10 Supplemental Budget Amendment - Recognizing $3,250,000 in Bond Proceeds for the Pacific Highway /Greenburg Road /Main Street Intersection Capital Improvement Project Prepared By: Carissa Collins Dept Head Approval: / - City NIgr Approval: ISSUE BEFORE THE COUNCIL Shall Council adopt a resolution amending the FY 2010 Adopted Budget? STAFF RECOMMENDATION Adopt the recommended supplemental budget amendment. KEY FACTS AND INFORMATION SUMMARY With the end of fiscal year approaching, there is a need to evaluate City operations including its funds in order to comply with the FY 2009 -10 Adopted Budget. A change that needs Council action is in the City Gas Tax Fund which will require a supplemental budget. The City Gas Tax Fund is the primary funding source for the Pacific Highway /Greenburg Road /Main Street Intersection project. Due to the acceleration of this project and the effort for it to match the concurrent project at Pacific Highway /Hall Boulevard, additional funding is required in FY 2010. On June 21, 2010, bond financing was obtained, of which $3,250,000 of the proceeds are dedicated to this project. This budget amendment recognizes the $3.25 million bond financing which will be appropriated in FY 2010 in the Capital Improvement Program within the City Gas Tax Fund. OTHER ALTERNATIVES CONSIDERED Do not approve the supplemental budget. CITY COUNCIL GOALS Long Term Goal: Continue pursuing opportunities to reduce traffic congestion ATTACHMENT LIST Resolution and Attachment A. FISCAL NOTES Appropriations need to be made in the City Gas Tax Fund, Capital Improvement Program in the amount of $3,250,000 for the FY 2010 Adopted Budget. Appropriations are supported with bond proceeds. • AGENDA ITEM No. 6 Date: June 22, 2010 SUPPLEMENT/"!. PACKET FOR U aa..l . a. 01 u (DATE OF MEETING) PUBLIC HEARING TESTIMONY SIGN -UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: FISCAL YEAR 2009 -10 SUPPLEMENTAL BUDGET AMENDMENT - RECOGNIZING $3,250,000 IN BOND PROCEEDS FOR THE PACIFIC HIGHWAY /GREENBURG ROAD /MAIN STREET INTERSECTION CAPITAL IMPROVEMENT PROJECT Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 6 Date: June 22, 2010 PLEASE PRINT 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 & No. .Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Agenda Item # 7 Meeting Date 6/22/10 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Identify Preliminary Legislative Priorities for the 2011 Oregon Legislative Session Prepared By: Kent Wyatt Dept Head Approval: %l V U I City Mgr Approval: CR ISSUE BEFORE THE COUNCIL What should Tigard's legislative platform include for the 2011 Oregon Legislative Session? STAFF RECOMMENDATION Review LOC legislative agenda and identify legislative priorities. KEY FACTS AND INFORMATION SUMMARY In preparation for the 2011 Oregon Legislative Session, the League of Oregon Cities (LOC) is asking cities review and identify priorities from the 28 legislative issues set forth by their eight policy committees. Exec Staff has reviewed the list and identified these four priorities: ✓ Maintain and strengthen the state's historic commitment to the State Shared Revenue funding formula. ✓ Continue efforts to resolve the conflicts between the Transportation Planning Rule and other statewide land use planning goals by changes to Oregon Department of Transportation /Department of Land Conservation and Development procedures and rules, or by legislative action. ✓ Address tax equity issues in the context of state telecommunications laws including removing existing preemptions that have lead to declining revenues. ✓ Seek additional funding, efficiencies and program support for multi -modal transit and rail projects.. For the 2009 Oregon Legislative Session, the City Council approved four legislative priorities: Transportation Funding, Land Use /Urbanization, Preemption of Local Revenue Sources, and Affordable Housing. Several bills promulgated during the session including HB 2001 Transportation Act and HB 2436 Document Recording Fee addressed these priorities. Feedback from the City Council will also be used in a separate document communicating Tigard's legislative priorities to elected officials and other key stakeholders. Consequently, the City Council may wish to identify legislative priorities that were not part of LOC's proposed agenda. OTHER ALTERNATIVES,CONSIDERED N/A CITY COUNCIL GOALS ATTACHMENT LIST Attachment A: Exec Staff prioritization of LOC Proposed legislative Agenda Attachment B: League of Oregon Cities Legislative Recommendations for 2011 Oregon Legislative Session FISCAL NOTES LEAGUE OF OREGON CITIES PROPOSED LEGISLATIVE AGENDA EXEC STAFF FEEDBACK Community Development ✓ Continue efforts to resolve the conflicts between the Transportation Planning Rule and other statewide land use planning goals by changes to Oregon Department of Transportation /Department of Land Conservation and Development procedures and rules, or by legislative action. (3 votes) • Support an urban growth boundary agenda that would provide for a more efficient urban growth management system. Finance & Taxation ✓ Maintain and strengthen the state's historic commitment to the State Shared Revenue funding formula. Any additional taxes or surcharges on these items must be incorporated into the current formula so cities may continue to provide services related to these revenues. (4 votes) • Allow local governments a more flexible use of transient lodging tax to meet the increased demands placed both on essential services and infrastructure created by tourism activities. (2 votes) • Take an active role in facilitating and promoting processes and measures to bring about an overhaul of the state property tax system. The outcomes of this overhaul must create a system which taxes property equitably, brings assessed values closer to real market values, and is stable and predictable to both governments and taxpayers. (1 vote) General Government • Restore the Department of Public Safety Standards and Training (DPSST) Regional Training program and protect DPSST from further cuts. (2 votes) • Attach municipal court fines to tax returns. Human Resources • Eliminate the requirement for employers to provide identical health benefits for retirees as they do for active employees. • Lengthen time for last best offer submission from 14 days to 28 days. I e • TIGARD LEAGUE OF OREGON CITIES PROPOSED LEGISLATIVE AGENDA EXEC STAFF FEEDBACK Telecommunications V Address tax equity issues in the context of state telecommunications laws including removing existing preemptions that have lead to declining revenues. Work toward an alternative revenue system for telecommunications providers. Oppose preemption of city franchising, rights -of -way and tax authority. (3 votes) Transportation ✓ Seek additional funding, efficiencies and program support for multi - modal transit and rail projects. (3 votes) • Resolve the disconnect between the Transportation Planning Rule and other statewide land use planning goals. (1 vote) Other Lake Oswego Removal Fill Process — LOC has declined to add it to their list since it would impact a limited area of the state. (2 votes) .. TIGARD City of: Please mark 4 boxes with an X that reflect the top 4 issues that your city recommends be the priorities for the League's 2011 legislative agenda. Community Development ❑ A. Supportan.urban' growth boundary agenda that would provide for a more efficient urban growth management system (as outlined in the full Community Development Committee long -term recommendation). ❑ B. Support legislation that would: 1) create an.exception to allow cities to propose and adopt population forecasts using a specified methodology, taking into consideration certain factors; 2) include conflict resolution procedures between cities and counties when adopting or amending population forecasts. ❑ C. Support legislation thatprovides conflict resolution procedures between cities and counties when adopting or amending an urban growth boundary or urban reserve area. ❑ D. Continue efforts to resolve the conflicts between the Transportation Planning,Rule (TPR) and other statewide land use planning,goals by changes to Oregon Department of Transportation /Department of Land Conservation and Development (ODOT /DLCD) procedures and rules, or by legislative action. (Note: this priority is duplicative of priority "S" forwarded by the Transportation Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) Enerav ❑ E. Reauthorize the Business Energy Tax Credit (BETC) to leverage local investments in energy conservation, fuel conservation, renewable energy projects, as well as recruitment and expansion of renewable energy resource equipment manufacturing facilities. Finance & Taxation ❑ F. Take an active role in facilitating and promoting processes and measures to bring about an overhaul of the state property tax system. The outcomes of this overhaul must create a system which taxes property equitably. brings assessed values closer to real market values, and is stable and predictable to both governments and taxpayers. ❑ G. Maintain and strengthen the state's historic commitment to the State Shared Revenue funding formula. Any additional taxes or surcharges on these items must be incorporated into the current formula so cities may continue to provide services related to these revenues. ❑ H. Allow local governments a more flexible use of transient lodging tax to meet the increased demands placed both on essential services and infrastructure created by tourism activities. General Government ❑ 1. 9 - - tax for pre -paid cell phones. ❑ J. Restore the Department of Public Safety Standards and Training (DPSST) Regional Training program and protect DPSST front further cuts. ❑ K. Attach municipal court fines to tax returns. Human Resources ❑ L. "Manager" designation for local governments. ❑ M. Lengthen time for last best offer submission from 14 days to 28 days. ❑ N. Allow employers to require paperless pay. ❑ O. Work to achieve healthcare cost containment and protect local decision making authority in benefit design. ❑ P. Allow employeess.to choose alternative retirements option and protect the integrity and stability of Public Employee Retirement System (PERS). ❑ Q. Eliminate the requirement for employers to provide identical health benefits for retirees as they do for active employees. Telecommunications ❑ R. Address tax equity issues in the context of state telecommunications laws including removing existing preemptions that have led to declining revenues. Work towards an alternative revenue system for telecommunications providers. Oppose preemption of city franchising, rights -of -way and taxing authority. Transportation ❑ S. Resolve the disconnect between the Transportation Planning Rule (TPR) and other statewide land use planning goals. (Note: this priority is duplicative of priority "D "'forwarded by the Community Development Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) Turn over Jor more issues ❑ T. Ensure that transportation /land use planning requirements, especially those established to address greenhouse gas emissions and other air quality issues, are developed with certain caveats (as outlined in the full Transportation Committee recommendation). ❑ U. Advocate for sustainable alternatives to fuel taxes to address decreasing State Highway Fund revenues as a result of an increase in automobile efficiency and the development of new technologies. ❑ V. Seek funding distribution mechanisms and formulas that reflect need as determined by system demand, function and condition. ❑ W. Seek additional' funding, efficiencies and program support for multi -modal transit and rail projects. ❑ X. Increase'the funding allocation td Oregon's small cities for road and street development and maintenance from 51 million to S5 million without unfairly impacting larger cities' share of the State H ighway Fund. ❑ Y. Enact legislation.establishing a "shared road" designation allowing cities to reduce speed limits below the state- mandated minimum - of 25 mph on roads that have limited capacity but are utilized by other modes. Water /Wastewater ❑ Z. Support establishing statewide product stewardship programs to ensure recycling or proper disposal of toxic products at the end of their lifecycle. ❑ AA. Recapitalize state municipal infrastructure funds to fully meet local demand on a sustained basis and fully leverage federal matching funds for water and wastewater infrastructure. ❑ BB. Protect existing and future water rights from conditions that would prevent municipalities from meeting current or future demands. LOC Policy Committees' Legislative Recommendations Priority Description Community Development. A. Support an,urban growth boundary Appeals of urban growth management amendments are growing exponentially, and are agenda that will: time- consuming and expensive for cities. The Community Development Committee o Determine problems to the recognizes that long term solutions require a broad, systemic approach that may take current urban grown boundary extensive evaluation. and urban reserve system from a Surveys, work groups, focus groups, and professional and technical assistance from city statewide perspective; planners and attorneys will be used to evaluate and formulate appropriate changes to o Consider different policies for existing statutes to provide a more efficient urban growth boundary management system. the annexation of areas that are pre - urbanized (those that receive services annexations vs. greenfield annexations (those without current services); o Evaluate upcoming Court of Appeals decision re: 1,000 Friends v. LCDGChy of Woodburn for parameters to codify clear standards /rational basis in ORS 197.298 for the use of higher priority land with less appeal opportunity; o Streamline the Oregon Land Conservation and Development's (LCDC) review of urban growth boundary and urban reserve decisions by adding a "raise it or waive it" requirement to such reviews. o Propose conflict resolution procedures between cities and counties when adopting or amending urban growth boundaries or urban reserves; o Consider legislation that would allow the sequential adoption of urban growth boundary expansion components for cities over 25,000. o Consider the effects of the transportation planning rule on urban growth boundary management; o Consider the concerns of individual cities per their recent urban growth boundary,.urban reserve and annexation experiences; and o Propose appropriate legislation. Page 1 of 7 • LOC Policy Committees' Legislative Recommendations B. Support legislation that would: I) Statutes require counties to provide "coordinated" population forecasts to urban and rural create an exception to allow cities areas, but for a variety of reasons, either have not or do not provide timely updates. to propose and adopt population Statutes provide cities certain alternatives, but cities in particular situations have forecasts using aispecified experienced untimely and inadequate remedy. Currently there are no statutory remedies, methodology, taking into enforcement actions, or conflict resolution procedures for counties that do not comply consideration certain factors; 2) with the requirements. include conflict resolution procedures between cities and counties when adopting or amending population forecasts. C. Support legislation that provides Both a county and a city must adopt amendments to their comprehensive plans when a conflict resolution procedures city adopts or amends an urban growth boundary or an urban reserve area. There is no between cities and counties when statutory conflict resolution process when a county and a city can't agree on urban growth adopting or amending an urban management decisions - which can become•contentious and may not be sufficiently guided growth boundary or an urban by urban growth management agreements. reserve area. D. Continue efforts to resolve the Interpretations of the Transportation Planning Rule (TPR) has led to direct conflicts with conflicts between the the implementation other statewide planning goals, including Goal 10 (Housing) and Goal transportation planning rule and 9 (Economic Development). Declining financial resources has made the situation worse; other statewide land use planning as cities look at efficiency measures for how to grow more densely within urban growth goals by changes to ODOT /DLCD boundaries, many areas are eliminated from consideration because of TPR requirements. procedures and rules, or by legislative action. (Note: this priority is duplicative of priority "S" forwarded by the Transportation Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) Energy E. Reauthorize the Business Energy The Business Energy Tax Credit provides a powerful incentive for Oregon communities Tax Credit (BETC) to leverage and businesses to become more energy efficient, develop renewable energy, and foster a local investments in energy clean energy economy. In recent years, dozens of Oregon cities have leveraged funds conservation, fuel conservation, using the BETC "pass - through" to invest in projects such as high - efficiency lighting, renewable energy projects, as well HVAC system upgrades, transit systems, photovoltaic energy production, and efficiency as recruitment and expansion of upgrades at wastewater treatment plants. The BETC has also been instrumental for local renewable energy resource efforts to attract new businesses, foster job creation, and make local economies more equipment manufacturing efficient. The BETC is currently scheduled to sunset as early as 2012, however, and facilities. recently has been hampered by a lack of certainty for BETC applicants. o Extend the program sunset dates; o Maintain BETC access for public projects; o Ensure funding for a full range of manufacturing, renewable energy, energy conservation, and fuel conservation projects; o Make the pass- through process more predictable and market - driven; and o Maximize certainty for BETC applicants. Page 2 of 7 LOC Policy Committees' Legislative Recommendations :F & Taxation F. Take an activerole in facilitating Severe limitations imposed on local governments by Measure 5 and 50 to raise revenue and promoting processes and have seriously jeopardized the ability of cities to provide essential services and foster measurestobring :about an economic growth. A comprehensive property tax fix is necessary which, along with overhaul of the state property tax equity, stability, and a stronger correlation between assessed value and real market value, system. The outcomes of this should include an allowance for local control in setting appropriate long term local tax overhaul mast create a.systenm rates and grant consideration of the impact of the state's school funding methods on the which taxes property equitably, property tax system. To this end, in a multi -year effort, the League of Oregon Cities will brings assessed values closer to take a lead and active role in forming a coalition to facilitate conversations across the state real market values, and is stable and develop an education program to inform legislators and the public of the current crisis and predictable to both and the options available. governments and taxpayers. 0. Maintain and strengthen the state's State Shared Revenue stand as a historical commitment by the state to local governments; historic commitment to the State cities accepted preemptions on certain taxes and fees in exchange for a state promise to Shared Revenue finding formula. share in their revenues of liquor, cigarettes, 9 -1 -1, and gasoline taxes. These distributions Any additional taxes or surcharges are a critical facet of each cities' ability meet increased demands on local services from on these items must be alcohol related incidences, traffic impacts, and public safety issues. Any further cuts to incorporated into the current State Shared Revenue will jeopardize the ability of cities to provide essential services. fornmla so cities may continue to The state should respect local government's reliance on State Shared Revenue and honor provide services related to these its historic commitment. revenues. 1-1. Allow local governments a more Current preemption restricts cities to control of just 30 percent of their own local transient flexible use of transient lodging lodging revenue. Tourism activities can place increased demands on city infrastructure tax to meet the increased demands and services, but this preemption necessitates these added costs be borne by local placed both on essential services residents rather than tourists and may jeopardize the ability of cities to provide other and infrastructure created by essential services. Increasing city flexibility in the use of local transient lodging revenue tourism activities. lessens the burden on local residents. General Government 1. 9 -1 -1 tax for pre -paid cell phones. Support legislation to require pre -paid cell phones to contribute to pay 9 -1 -1 tax as all other telephones capable of dialing 9 -1 -1 do. J. Restore the Department of Public Work to restore regional training services and other critical services provided by DPSST. Safety Standards and Training (DPSST) Regional Training program and protect DPSST from further cuts. K. Attach municipal court fines to tax Support legislation to allow municipal and other local courts to seize income tax returns to returns. pay delinquent municipal court fines. Human Resources L. "Manager" designation for local Allow cities to designate an employee as a "managerial employee" under the PECBA for governments. purposes of collective bargaining (currently limited 10 only the State). M. Lengthen time for last best offer Currently when a strike - prohibited union advances their collective bargaining to Interest submission from 14 days to 28 Arbitration, the parties' Last Best Offers (LBOs) are not due until 14 days prior to the days. actual hearing. ORS 243.746(3). Timis leads to a number of problems /issues: o If the parties' submit their LBO just 2 weeks prior to the actual hearing, only to discover that they are "very close" to a possible settlement, they can be discouraged from settling since the 14 -day time frame is beyond most arbitrators cancellation policy. In other words, the parties still have to pay the full cost of the arbitrator fees for each day of the scheduled hearing and any non - refundable travel costs. o The 14 -day period does not encourage either party to get to their "bottom -line" until just before a hearing. o Most hearing exhibits are developed in conjunction with a parties LBO, including costing of the LBOs. Therefore, many of the exhibits are unnecessarily delayed in development until you see the other party's LBO. This would also apply to the decision Page 3 of 7 LOC. Policy Committees' Legislative Recommendations as to who your needed witnesses are. o The expanded time frame would provide for a more meaningful time frame within which to consider the other parties position and /or to seek mediation assistance. N. Allow employers to require Develop legislation that will allow employers to require employees to accept electronic or paperless. pay. payroll card payment and eliminate the requirement that a paper check be a payment option. O. Work to achieye healthcare cost Oregon cities, as responsible employers and leaders for healthy communities, have a • containment and protect local vested interest in ensuring that Oregonians have access to affordable medical and decision making authority in preventative care. Oregon cities have proven to be innovators in providing wellness and benefit design. healthcare benefits in challenging economicstimes to employees and have invested substantially in the health of employees. The League of Oregon Cities will support healthcare reform that: o Respects the right of Oregon's city leaders to determine the manner of providing health insurance benefits in consultation with their employees; o Reduces unrecoverable medical care costs for providers by expanding coverage to uninsured Oregonians; o Ensures that capitalization in the healthcare market place is based on community need; o Incentivizes the use of evidence /value based medicine; • o Fosters innovation and rewards creativity in reducing costs and promoting wellness; and o Promotestransparency in costs and quality. P. Allow employees to choose Support changes to the PERS system that allows employees to opt for alternative alternative retirements option and retirement plans. Additionally, the League should ensure that any PERS legislation protect the integrity and stability passed by the Legislature: of Public Employee Retirement o Does not shift additional costs to employers; System (PERS). o Respects the needs for predictable rates while not destabilizing the system; and o Allows PERS to provide an attractive retirement benefit for employees while being fiscally sustainable. Q. Eliminate the requirement for Eliminate the requirement for public employers to provide the same health benefit plans employers to provide identical for retirees as for active employees and at the same premium rates as paid by active health benefits for retirees as they employees. do for active enmployees. Telecommun R. Address tax equity issues in the Technology has rapidly advanced in the last decade and will continue to evolve in ways context of state that cities cannot predict. This has led to significant implications for city rights -of -way telecommunications laws authority and telecommunications revenues affecting the provision of local services. including removing existing Cities have experienced an onslaught of challenges to franchising, rights -of -way preemptions that have led to management and taxing authority through local referrals, state and federal legislation and declining revenues.Work toward litigation. Meanwhile, the predominate system of franchising telecommunications an alternative revenue system for providers has not kept pace with technology. In particular, the shift from landline telecommunications providers. telephones to wireless technologies has resulted in an erosion of telecommunications Oppose preemption of city revenues. To protect city rights -of -way authority and preserve critical telecommunications franchising, rights -of -way and revenues, cities need to consider moving to an alternative revenue system. The alternative taxing authority. revenue system proposal developed by a task force of city officials is a gross revenues tax specific to telecommunications providers. The League began discussions during the 2009 legislative session, but recognized that the issue would be a multi - session effort. While this move to an alternate system remains the ultimate goal, there are several incremental steps that can be taken to both address local revenue issues as well as set the stage for future discussion of an alternate telecommunications revenue system. Page 4 of 7 LOC Policy Committees' Legislative Recommendations Transportation S. Continue :efforts to resolve the Oregon has a strong commitment to planning, and the nexus between land use and disconnect between the transportation planning has become very evident. While this has properly contributed to Transportation Planning Rule good coordination between land use and transportation development, it also creates (TPR) and other statewide land adverse impacts due to the mismatch between planning requirements, development use planning goals. The TPR timelines and the availability of financial and other resources. This can sometimes should: impede development and create conflicts with other statewide land use goals. o Be used as a growth management The sheer complexity of issues attendant to land use and transportation planning can result tool that avoids burdening cities in confusion or even conflict between competing goals and priorities. Objectives such as with unintended transportation reduction of vehicle miles traveled, transit -based land use, increased population density in consequences which unduly add some urban areas (UGBs), reduction in greenhouse gas emissions, compliance with other to the cost of city infrastructure; clean air standards, and interchange and access management are but a few of the interests, o Be consistent with land use sometimes competing, that factor into transportation / land use policy discussions. decisions; o Not be used to effect a moratorium on growth; o Encourage partnerships to avoid disproportional funding contributions from local jurisdictions. (Note: this priority is duplicative of priority "D" forwarded by the Community Development Committee. Both priorities are brought forward here, representing the discussion of the Community Development and the Transportation policy committees.) T. Ensure that existing and new transportation /land use planning requirements, especially those established to address greenhouse gas emissions and other air quality issues, are developed with the following caveats: o Cities are stakeholders in the policy - making process and are to be included in all discussions. o A sense of proportionality should be maintained, taking into account the transportation sector's contribution to the problem. o There must be a commitment to identifying and collecting new revenue to assist cities with compliance. o There is clarity with regard to governance authority and accountability. Page 5 of 7 LOC Policy Committees' Legislative Recommendations o Recognition that "one size does not fit all ", meaning that rules must be flexible enough to allow cities the right to determine and respond to local and regional needs. o Requirements are based on outcomes rather than formulas and honors regional transportation planning efforts. o Rules factor the effect of market forces (cost of fuel, availability of alternative technology, etc.) in achieving goals. o Attempt to reduce greenhouse gas emissions and improve air quality while still supporting economic development. U. Advocate for sustainable In 2009 the Legislature approved HB 2001, a major transportation policy and funding alternatives to fuel taxes to address measure containing a 50 percent increase in road and street funding for cities. In 2011 decreasing -State Highway Fund transportation policy measures, especially related to planning, are more likely than revenues as a result of an increase transportation funding and program legislation. in automobile efficiency and the Notwithstanding the new funding that HB 2001 is providing, city transportation budgets development of new technologies. remain disproportionately underfunded. This has been exacerbated by the temporary V. Seek funding distribution preemption of a local funding mechanism. Long term, there remains the challenge of mechanisms and formulas that identifying and establishing more sustainable and equitable systems of raising and reflect need as determined by distributing funding in support of the expansion, preservation and maintenance of the system demand, function and state's transportation system. condition. W. Seek additional funding, efficiencies and program support for multi -modal transit and rail projects that result in: o Creation and funding of a State Rail Authority to clarify goals and objectives and to undertake planning for passenger and freight rail service. o Coordination between transit providers resulting in more efficient operations. o Augmentation of elderly /disabled transit funding in order to maximize fixed route service. X. Increase the funding allocation to Oregon's small cities (population 5,000 or less) for road and street development and maintenance from Sl million $5 million without unfairly impacting larger cities "share of the State Highway Fund. Page 6 of 7 LOC Policy Committees'Legislative Recommendations Y. Enact legislation establishing a "shared road" designation allowing cities, within established criteria, to set speed limits below the state - mandated minimum of 25 mph on roads that have limited capacity but are nevertheless utilized by motor vehicles, bicyclists and pedestrians. Water/Wastewater Z. Support establishing statewide Product stewardship programs improve water quality and reduce the environmental and product stewardship programs to health impacts of products that contain toxins through product- supported recycling and ensure recycling or proper disposal programs. These programs reduce the burden on municipalities and others to disposal of toxic products at the implement water treatment technologies and other costly programs. The Oregon end of their lifecycle. Legislature created an "E- Waste" product stewardship program for recycling computers and electronic waste in 2007 and a.pilot product stewardship program for architectural paint in 2009. Additional stewardship programs could include products such as pharmaceuticals, batteries, and lighting that contains mercury. AA.Recapitalize.state municipal The state's Special Public Work Fund and the Water /Wastewater Fund are used to finance infrastructure funds to fully meet water and sewer systems, public buildings, road construction, downtown revitalization, local demand on as sustained energy and communications facilities, land acquisition, environmental clean -up, and port basis and fully leverage federal facilities. The state also must provide a 20 percent match to leverage federal funds matching . funds for water and available through the Safe Drinking Water State Revolving Fund and Clean Water State wastewater infrastructure. Revolving Fund. State revolving funds have failed to keep pace with growing local infrastructure demand that totals billions of dollars statewide. BB. Protect existing and future water Due to the unique nature of municipal water suppliers' need to plan for growth and rights from conditions that would infrastructure investment, cities often "grow" into water rights over time before those prevent municipalities from rights become certificated water rights. Cities currently must develop a Water meeting current or future Management and Conservation Plan (WMCP) for approval by the state to maintain these demands. water rights. Special interests, however, have called for new municipal water use o Limit new ecological flow standards and limits that would affect existing water rights. conditions to projects funded through FIB 3369 (2009); and o Oppose water use limits that interfere with approved water rights. Page 7 of 7 Agenda Item # Meeting Date June 22, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Provide Input on Draft West Bull Mountain Concept Ilan Prepared By: John Floyd Dept Head Approval: , / City Mgr Approval: ISSUE BEFORE THECOUNCIL Should Tigard develop a position on the imminent Washington County West Bull Mountain Concept Plan? STAFF RECOMMENDATION It is recommended that Council request staff to assemble information for Council to develop an appropriate position on the West Bull Mountain Concept Plan. KEY FACTS AND INFORMATION SUMMARY Washington County is working to complete the West Bull Mountain Concept Plan. The Concept Plan includes approximately 712 acres of unincorporated county land. It consists of about 500 acres of land in urban growth areas 63 & 64 that were added to the Urban Growth Boundary (UGB) in 2002, and another 212 acres of recently designated Urban Reserves not within the current UGB. Attachment 1 illustrates the geographic extent of the Concept Plan. Attachment 2 presents a schematic design of the area. fhe County anticipates completing a final public review draft by June 14, 2010. Public meetings and comment will occur through summer followed by Board of Commissioners formal consideration by the late fall /early winter. It is assumed that Washington County is trying to get the Plan before Metro Council for adoption by the end of the year. It is recommended that the City Council develop a City position on the plan. The reason is that future urbanization of these nearby 720 acres will have substantial impacts on the City. It is important that the City's interests are ultimately represented at both the Washington County and Metro venues. If Council wishes to act on this matter, staff will prepare a work plan and schedule the required work /study sessions. Council may also wish to consider involving the Planning Commission to do an analysis and make recommendations as an alternative to taking this whole matter on by itself. OTHER ALTERNATIVES CONSIDERED Not express interest in providing input into the West Bull Mountain Concept Plan. CITY COUNCIL GOALS 2010 Council Goal #1: Implement Comprehensive Plan Five -Year Council Goal: Start implementation plan for city facility needs ATTACHMENT LIST Attachment 1: Map - WestBull Mountain Planning Area Attachment 2: Map - Preferred Draft Concept Ilan FISCAL NOTES N/A o 1 I2VI NV pl 90111A4- 77.10 117RA1 .Ilf Aii., ATTACHMENT 1 WEST BULL MOUNTAIN PLANNING AREA 4 9Cholls Ferry Road : f , sc., a 4 . 1 $87lALI ; I L , r aY} '. ; �- . � i�3ta gg _ �,rl ' iifl` t � eft 0 .7' 7 ,11 t ,1 , , Ir g � �tlur F F` - �- ` iN' - £�f !L �'a+71NE'I , , f"1 `j ' • Kinton r fs ;- ., , . ,-t 6 w u � ; _ 17 �� : M ounta °Iri 3� � : " q F f:5 +- P-Ir. 1 :111N j 2 S ,� j' � a.:.� 1' i S I I , , x d r r ' ! 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Bull Mountain ,��r•..° -.- _ A C.-oeery ./ ,.., \r■rA■•r6••J, cow. a,a y 11 TIGARD City of Tigard, Oregon Affidavit of Notification In the Matter of the Notification of the June 22, 2010 CCDA Meeting STATE OF OREGON) County of Washington) ss. City of Tigard I, e1 J 1 !yr / , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following organization by fax : 2 Newsroom, Tigard Times and the following people /organizations by e-mail: CY' Brad Schmidt, The Oregonian (bradschmidt @news.oregonian.com) V Listings, The Oregonian (Listings @news.oregonian.com) P.{ . Editor, The Regal Courier (Editor @theregalcourier.com) EI' Geoff Pursinger, Tigard Times (gpursingerna commnewspaner scorn) A copy of aid Notice being hereto attached and by reference made a part hereof, on the day of ,2010. Aii,P4 4..14...,-,....c Signature of Person who Performed Notification Subscribed and sworn (or affirmed) before me this � 7 day of , 2010. ,IF / f f e -p% oFROALSEAL Signature of Notary Public for Ore: ` - p% D Y . " ' PUBLIC % NOT MY s MISSION EXPIRES AUG. 04, 2011 a rJG C ENTE Re" a DEVELOPMENT 2Wit ' '= IvJEETING"'f a i 93 q L , 22 � s2 01Ur S x � t ap q� $ q ` vrie a fi i h 3 2 v ` TIGARD � ,+ t -. c GARD HALL ,q; jilt; ,313125'SWEHALIrBLVDts. Fa . rat aTTGARDOR�97223 NOTICE The City Center Development Agency (CCDA) will have before it the following items for consideration on the June 22, 2010 City Council and City Center Development Agency Meeting Agenda: 1. Executive Session held under ORS 192.660 (2) (e) for the purpose of discussing with legal counsel real property transaction negotiations 2. Agenda Item 5.4 — Adopt Relocation Policies for the City Center Urban Renewal District Please forward to: Brad Schmidt, The Oregonian ( bradschmidt @news.oregonian.com) Listings, The Oregonian (Listings(a)news.oregonian.com) Editor, The Regal Courier (Editor(c�theregalcourier.com) Geoff Pursinger, Tigard Times( gpursingernn ,commnewspapers.com) Newsroom, The Times (Fax No. 503 -546 -0724) The CODA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related 'to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503-718-2419. i Depu City Recorder / �.— /\ Date: � Z�/i / - 3c /c Post: Tigard City Hall Tigard Permit Center Tigard Public Library ' ** Transmit Confirmation Report 'IC AC P.1 Jun 15 2010 11:27am D.S.S Name /Fax No. Mode Start Time Page Result Note 5035460724 Normal 15,11:26am 0'37" 1 * 0 K Y 1'f .4 �.yy!, M a t . I k'. N l � y v. - 1 1 Juoa42, ;b & k.,s: , TIGARD o . TLG "r a r rL' r �i x. •�STO f3 v�e+h �. eY' �< NOTICE • The City Center Development Agency (CCDA) will have before it the following items for consideration on the June 22, 2010 City Council and City Center Development Agency Meeting Agenda: 1. Executive Session held under ORS 192.660 (2) (e) for the purpose of discussing with legal counsel real property transaction negotiations 2. Agenda Item 5.4 — Adopt Relocation Polides for the City Center Urban Renewal Distract Please forward to: Bead Schmidt, The Oregonian •ra• sr 'd • •. • .•x• •._-1. •v Listings, The Oregonian QJatthg )news.oregonian.com) Editor, The Regal Courier (Editon'altherega Geoff Puninger, Tigard Times tger@commnewgpapers.com) Newsroom, The Times (Fax No. 503 -546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503 -718 -2419. Deputy City Recorder Date: UfLe / D Post Tigard City Hall Tigard Permit Center Tigard Public Library 4 11 li TIGARD City Council City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the June 22, 2010 CCDA Meeting STAIE OF OREGON) County of Washington) ss. City of Tigard ) I, (, L �A • le-+VYt j e'er" , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: V That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon v �- ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon L/ A copy of said Notification of the CCDA Meeting on June 22, 2010. A copy of said Notice being hereto attached and by reference made a part hereof, on the / day of , 2010. Signature of Person who Performe otification Subscribed and sworn (or affirmed) before me this /7 ht day o (k11•Qr , 2010. a biteLate 0 1,(70.a.- Signature of Notary Public for Oreg " OFFICIAL SEAL t; s�, CATHERINE D WHEATLEY ' NOTARY PIJBLIGOREOON COMMM8 NO.418237 MY COMMISSION EXPIRES AUG. 04, 2011 TI GAR MI �ss ;A TIGARDi ITY!CFNTER i ' 1111 fa '.DE V E LOP M E NT'A GENCY�' ' . r ;x v 4, S t ' MEET1NG t - ,x °si .. :0 ; i ` , -;. < P .4 +�c s .- r r4jJ' . . tir Sx` *+ X Ir . ' � J °s2010 „ � "' NV"; 63 , n 0p " mach its D t; •-"Iji T TIG"ARD.CITY H ' - ;s 13125 SSW#H— '1\LL�-BLVDs tl 4 `" ' ", I NOTICE The City Center Development Agency (CCDA) will have before it the following items for consideration on the June 22, 2010 City Council and City Center Development Agency Meeting Agenda: 1. Executive Session held under ORS 192.660 (2) (e) for the purpose of discussing with legal counsel real property transaction negotiations 2. Agenda Item 5.4 — Adopt Relocation Policies for the City Center Urban Renewal District I Please forward to: Brad Schmidt, The Oregonian (brads chmidt @,news.or ego nian.com) Listings, The Oregonian • .news.ore :onian.c.m) Editor, The Regal Courier (Editornath com) t Geoff Pursinger, Tigard Times(ppursingerecommnewspapers .com) Newsroom, The Times (Fax No. 503 -546 -0724) The CaDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related' to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503- 718 -2419. Depu City Recorder /5--; . /\ Date: G2 / O�CJ Post: Tigard City Hall Tigard Permit-Center Tigard Public Library