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City Council Packet - 06/11/2013 1111 • • q TIGARD City of Tigard TIGARD CITY COUNCIL BUSINESS MEETING June 11, 2013 COUNCIL MEETING WILL BE TELEVISED I:\Design&Communications\Donna\City Council\ccpktl 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov ■ UPI • City of Tigard TIGARD Tigard Business Meeting—Agenda e TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: June 11,2013 -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 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting.Please call 503-639-4171,ext. 2410 (voice) or 503-684-2772 (1'DD-Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171,ext. 2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov 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 following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. City of Tigard Tigard Business Meeting—Agenda TIGARD m TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: June 11,2013 -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 6:30 PM •STUDY SESSION A. Follow Up Discussion from April 30,2013 Town Hall-Walmart Project B. Discussion of Council Travel Policy and Travel Budget •EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session.Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(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. 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Council Communications&Liaison Reports E. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) 7:35 p.m. -estimated time A. Follow-up to Previous Citizen Communication B. Tigard High School Student Envoy C. Tigard Area Chamber of Commerce D. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board)-These items are considered 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: 7:50 p.m.-estimated time A. Receive and File: 1. Council Calendar 2. Council Tentative Agenda for Future Meeting Topics B. Amend Resolution 10-36 and Set City Council and Mayor Compensation-Resolution C. Local Contract Review Board: 1. Award Contract for Construction of the Fanno Creek House Site Improvements Project to Casserly Landscape,Inc. • ConsentA¢enda-Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/City Center Development Ageny has voted on those items which do not need discussion. 4. STATE OF THE TUALATIN VALLEY FIRE AND RESCUE DISTRICT PRESENTATION - CHIEF MIKE DUYCK 7:55 p.m. -estimated time 5. CERTIFY THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE-SHARED REVENUES-RESOLUTION 8:10 p.m.-estimated time 6. PUBLIC HEARING-DECLARE THE CITY OF TIGARD'S ELECTION TO RECEIVE STATE REVENUE FUNDING-RESOLUTION 8:15 p.m.-estimated time 7. ADOPT CITYWIDE MASTER FEES AND CHARGES SCHEDULE REPLACING RESOLUTION NO. 12-22 AND ALL SUBSEQUENT AMENDMENTS TO DATE AND ADOPT MISCELLANEOUS SOLID WASTE RATES TO BE INCLUDED IN THE SOLID WASTE RATE SCHEDULE ADOPTED BY RESOLUTION NO. 13-18-TWO RESOLUTIONS 8:20 p.m.-estimated time 8. PUBLIC HEARING-ADOPT THE CITY OF TIGARD FISCAL YEAR 2014 BUDGET,MAKE APPROPRIATIONS,DECLARE THE AD VALOREM TAX LEVY AND CLASSIFY THE LEVY AS PROVIDED BY ORS 310.060(2)-RESOLUTION 8:30 p.m.-estimated time RECESS TIGARD CITY COUNCIL MEETING AND CONVENE THE TIGARD CITY CENTER DEVELOPMENT AGENCY MEETING-FISCAL YEAR 2014 BUDGET ADOPTION 9. PUBLIC HEARING-ADOPT THE CITY CENTER DEVELOPMENT AGENCY FISCAL YEAR 2014 BUDGET WITH ADJUSTMENTS,MAKE APPROPRIATIONS,AND IMPOSE AND CATEGORIZE TAXES-RESOLUTION 8:45 p.m.-estimated time ADJOURN THE TIGARD CITY CENTER DEVELOPMENT AGENCY MEETING AND RECONVENE TIGARD CITY COUNCIL MEETING 10. PARKS ZONE PROJECT BRIEFING 8:50 p.m.-estimated time 11. UPCOMING DEVELOPMENT CODE UPDATE PROJECTS BRIEFING 9:15 p.m.-estimated time 12. COUNCIL LIAISON REPORTS 13. NON AGENDA ITEMS 14. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(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. 15. ADJOURNMENT 9:30 p.m. -estimated time AIS-1318 A. Business Meeting Meeting Date: 06/11/2013 Length (in minutes): 20 Minutes Agenda Title: Follow Up Discussion from April 30,2013 Town Hall-WalMart Project Prepared For: Marty Wine,City Manager Submitted By: Cathy Wheatley,Administrative Services Council Business Mtg-Study Item Type: Update,Discussion,Direct Staff Meeting Type: Sess. Public Hearing: No Publication Date: Information ISSUE Council discussion of regulatory"tool box"that would affect existing"big box"retailers. STAFF RECOMMENDATION / ACTION REQUEST Review and discuss regulatory tools and provide guidance of desired next steps. KEY FACTS AND INFORMATION SUMMARY At its April 30 Town Hall meeting,several community members requested of the City Council that the city review the actions that a city could take to regulate the business environment or practices of big box retailers.The Council has subsequently received correspondence and petitions opposing WalMart coming to Tigard.The presenting question from April 30 was whether the city could take actions specifically that would discourage WalMart from operating within city limits.As was noted by Councilors on April 30,the zoning,land use and permitting decisions about this development have already been completed and are not subject to reconsideration unless the applicant(WalMart) requests reopening them.As such,this question is focused on other regulatory concepts.As noted in the attached memo from the City Attorney,the city cannot tailor a regulation to single out any specific retailer.If a regulation is to be considered,it should serve some rational and legitimate purpose and achieve desired policy objectives of the city.The concepts explored here include hours of operation,employee wage and hour standards,employee benefits standards, business license fees,and sales tax.If any of these concepts merit further consideration,the Council may wish to consider the broader impacts of these regulations and seek input from the business community. OTHER ALTERNATIVES This item is presented for Council discussion only.The City Council could choose to take no action based on this review,or to explore one or more of the regulatory options further.The City Attorney can work with the Council and staff to craft the specifics of a proposal that is not arbitrary and that achieves the Council's policy objectives. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION The Council has not previously discussed these types of regulations. Attachments CA memo bigbox JORDAN RAMISrc A T T O R N E Y S AT L A W Two Centerpointe Dr 6th Fl Phone: (503)598-7070 Lake Oswego OR 97035 Toll Free: (888)598-7070 www.jordanramis.com Fax: (503)598-7373 LEGAL MEMORANDUM TO: Tigard City Council and City Manager FROM: Tim Ramis and Damien Hall DATE: May 28, 2013 RE: Regulatory Options to Impact Retailers Within the City File No. 50041-36799 PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION I. Introduction The City Council has requested that the City Attorney identify its"tool box"of regulatory that would impact the existing"big box"retailers in the City of Tigard ("City"). Because the focus is on the regulation of existing uses, this memorandum does not address any land use regulations. This memorandum identifies various regulatory concepts that have been examined or adopted by local jurisdictions which would have varying levels of impact to the bottom line of a big box retailer. The memorandum also identifies some of the anticipated policy impacts and legal issues associated with each regulatory concept. II. Applicability of Regulations Generally, each of the regulatory concepts that are examined below has the potential to be applied to all business within the City,or can be tailored to include only retail operations that exceed a certain square footage of retail floor area. This tailored approach would allow the City to regulate big box retailers without including retail operations with smaller footprints. Some of the existing retail operations in the City that likely fall within the"big box"category are, • Babies"R"Us, • Costco, • Fred Meyer, 50014-36799 681640_1.DOCXID8F/5/28/2013 JORDAN RAM IS rc May 28,2013 Page 2 • Lowes, • Walmart, and • Winco. That list is by no means exclusive and other retail outlets such as the Washington Square Mall and Bridgeport Village could potentially be impacted. A case can be readily made for the policy rationale behind regulating big box retailers and their effects on the City economy(e.g. reduced market share for"mom and pop"retailers, lack of ties to the City business community, etc.). However,because any City regulation must have a rational and legitimate purpose, any regulation that seeks to distinguish between big box retailers must do so in a manner that is not arbitrary, or could result in liability to the City. As such, regulations that are more narrowly tailored to target specific retailers are not recommended. III. Scale of Operations Big box retailers tend to be national or international operations that rely on economies of scale to justify the overhead costs associated with such relatively large footprints for their retail businesses. The same scale of business operations allows a big box retailer to potentially spread any localized financial impacts from City regulation throughout its chain of stores. As such,the economic impact associated with potential City regulation will be less directly influential to a national or global retailer,than to a business with a greater percentage of total operations in the City. IV. Regulatory Concepts The following regulatory concepts are offered as models of potential alternatives that if adopted by Council would have a fmancial impact on existing big box retailers,as to increase the cost of doing business within the City, for such establishments. The regulatory concepts address the following aspects of big box retailers, • hours of operation, • employee wage and hour standards, • employee benefits standards, • business license fees, and • sales tax. Each of the below regulatory concepts could be adopted by the City,they are not alternative, and the cumulative impact if adopted in combination would be greater than adoption of any single concept. JORDAN RAMIS PC May 28,2013 Page 3 A. Hours of Operation Within reason,the City can limit hours of operation of retailers within the City. For example, the City could require that all big box establishments be closed between the hours of 10:00 p.m. and 6:00 a.m. Such a limitation would apply to all similarly situated retailers, so the City should establish the hours of operation of all affected retailers to understand the impact of such a limitation. B. Employee Wage and Hour Standards The City has the authority to establish wage and hours standards for employment within the City. Essentially, such regulation would likely take the form of a local minimum wage. An example of a jurisdiction that has a local minimum wage is San Francisco. In San Francisco,the minimum wage that must be paid by all employers is$10.55 per hour, as compared to the California state minimum wage of$8.00 per hour. Oregon minimum wage is currently$8.95 per hour. Any local minimum wage that the City would adopt must be greater than the State minimum wage. In order to find the local minimum wage amount that has the desired impact,the City should inventory the wages paid by similarly situated big box retailers. The City could likely impose an industry specific minimum wage, tailored to only be applicable to big box retailers. C. Employee Benefits Standards The City has the authority to require employers within the City to provide their employees with specified benefits. An example of such regulation is the City of Portland's recently adopted ordinance requiring that all employees working in Portland be provided paid sick leave. The City could impose requirements for other kinds of benefits as well, such as medical benefits, vacation days, etc., and the requirements could likely be industry specific to big box retailers. In order to ensure that such employee benefit requirements have the desired impact,the City should inventory the benefits packages currently offered by similarly situated big box retailers. D. Business License Fees The City could adopt a business license fee,that is due annually for all businesses or all big box retailers. The amount of the fee would be based on sales receipts of the business. The City of Portland has a similar fee,but it is not industry specific. JORDAN RAMIS Pc May 28, 2013 Page 4 E. Sales Tax The City could adopt a sales tax. Due to heightened scrutiny of the uniformity of application of taxes,it may prove difficult to tailor an industry specific sales tax, as opposed to a City wide sales tax that takes in all point of sale transactions(car sales, cup of coffee sales, etc.). Due to the political nature of sales taxes, adoption could likely also involve a vote of the people. Conclusion: The City can adopt any of the regulatory concepts. However,the City cannot tailor the regulations to single out any specific retailer, so any adopted regulations would apply to all big box retailers within the City(with the possible exception of a sales tax that could apply more broadly). It is unlikely that any of these concepts would result in the closure of any of the City operations of a big box retailer because the increased cost of doing business associated with any of the regulatory concepts can likely be passed along to consumers,both locally and throughout the operations of the retailer. To the extent that Council desires to pursue any of the presented regulatory concepts, or an alternative regulatory concept,the City Attorney can work with Council and staff to craft the specifics of regulations to best achieve the desired policy objectives of Council. Pis)--c-;1) izd --- corvn t�J ail? Lc l lItO\3 Vtu` SQSS�'�► Large Format Retail Square Footage* Costco 151,459 Babies R Us 40,645 Toys R Us 44,422 Target 123,636 Lowes 147,964 Home Depot 140,492 Fred Meyer 155,364 Sears 78,636 Macys 123,719 JC Penny 104,812 Nordstrom 93,437 *Square footages are taken from Street Maintenance Fee data and are estimates only. SUPPLEMENTAL PACKET FOR i 1 a D 3 (DATE OF MEETING) ct3sz - ra f& t-- A 11‘ ■ City of Tigard T1GARD Memorandum To: Honorable Mayor & City Councilors From: Marty Wine, City Manager Re: Regulatory Options to Impact Retailers Within the City Date: May 28, 2013 At its April 30 Town Hall meeting, the City Council was asked by Tigard residents in attendance what legal or financial tools the city had to regulate the business environment or practices of big box retailers such as WalMart. Attached is the research and response to this question prepared by the City Attorney's office for your review. I asked the Council recently at a non-agenda item discussion for input about whether and when the Mayor might schedule this topic, and Councilors wanted to consider the information in this review first and then advise the Mayor as to whether a Council meeting or other forum should be scheduled. On the tentative upcoming Council agenda list, time has been reserved on the June 11 study session (25 minutes) should Council advise the Mayor that additional discussion of this topic is desired. Stu d j Sys L on AIS-1344 B. Business Meeting Meeting Date: 06/11/2013 Length (in minutes): 25 Minutes Agenda Title: Discussion of Council Travel Policy and Travel Budget Prepared For: Toby LaFrance Submitted By: Cathy Wheatley,Administrative Services Council Business Mtg-Study Item Type: Update,Discussion,Direct Staff Meeting Type: Sess. Public Hearing: No Publication Date: Information ISSUE Review approach to 1) Council's inclusion in the citywide travel policy;and 2)the budget for council travel and training. Staff to discuss with council what has been done in the past and options for the future. STAFF RECOMMENDATION/ACTION REQUEST Staff requests Council direction on future administration and budgeting of Council travel for city purposes. KEY FACTS AND INFORMATION SUMMARY Currently,Council follows the same travel policies as all staff and city officials.The travel policy is designed to comply with IRS,state ethics,federal General Services Administration (GSA)rules which are designed to ensure that the city only pays actual and allowed expenses related to the employee's business travel.There are other options available for Council consideration than following the same policy as staff and volunteers that would meet all,or most,of the same requirements. These will be discussed during the study session. Currently,Council has a budget of$5,000 per councilor and$9,000 for the Mayor for travel and training,plus in the upcoming budget will implement an automobile stipend of$3,300 each to pay for local travel. The budget is managed for each councilor with assistance from the City Manager's Office. If an individual councilor is not planning to use their entire budget,that councilor is able to make travel/training funds available to other members. Council can discuss if they wish to continue to administer their annual travel and training budget in the same manner. OTHER ALTERNATIVES If Council does not wish to make changes,then Council can continue to use the same travel policy and administration of annual travel and training budget. Other approaches to payment for travel include the council not following the citywide policy,but arrange for separate per diem meal and hotel costs reimbursed directly and the city would arrange for hotel and transportation costs.Another alternative for reimbursement for council travel could involve travel-related purchasing cards.These options will be explored further at the meeting. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION On June 28,2011,in study session,Council considered the citywide travel policy and decided to follow the same policy as staff and city officials. Attachments Citywide Travel Policy 1 City of Tigard, Oregon TIGARD Citywide Travel Policy Effective Date: J , 11 Approved: Craig Prosser Signature:L/ �rY. _�— SUMMARY t 1. General Provisions 2. Compliance and Accountability 3. Definitions 4. Pre-Authorization 5. Travel Time 6. Travel Methods 7. Lodging 8. Meals 9. Payment Methods 10. Personal Expenses 11. Travel Reconciliation 12. Compliance Auditing 1. GENERAL PROVISIONS 1.1. Purpose of Policy. The purpose of this policy is to provide guidelines to City employees for payment of travel expenses in a cost-effective and efficient manner ensuring the best result for the City. 1.2. Applicability. This policy applies to all City employees. The policy is to be adhered to by the following groups: 1.2.1. Mayor&City Council 1.2.2. Executive Staff(City Manager&Directors) 1.2.3. Management Staff 1.2.4. SEIU Staff 1.2.5. TPOA Staff 1.2.6. Other City Officials 1.3. The City's Financial and Information Services Department shall administer the travel policy and shall periodically review travel and training records to ensure policy compliance and provide any necessary training to departments on the implementation of the policy. 1.4. Department Directors and Managers shall be responsible for the implementation of policy within their departments,ensuring their department's employees comply with Citywide Travel Policy Page 1 the policy, and ensuring expenditures are appropriate and directly related to City business. Questions regarding the intent or application of this policy document shall be directed to the City's Financial and Information Services Director. 1.5. The City Manager shall have final authority for administering,interpreting, and applying the terms of these procedures. 1.6. Personal Expenses. The City,with very limited exception,shall not pay for any personal expenses incurred by an employee during City business travel. For example,employees will not be reimbursed for personal grooming items,parking tickets, entertainment expenses, etc. 2. COMPLIANCE AND ACCOUNTABILITY 2.1. All City staff and agents must comply with the provisions contained herein. Periodically,the City's Finance and Information Services Department may perform a review of the City's travel records to ensure compliance with this policy. The Finance and Information Services Department,working with the City Manager's Office,may implement appropriate and progressive sanctions related to misuse. All City employees must fully comply with requests for records and documentation supporting all travel expense claims. 2.2. Any and all staff may be liable for improper use of public funds. As public employees, staff that order,authorize or cause to be made any expenditure in violation of City policies, state statutes,rules, or procedures can and will be held personally financially liable for inappropriate expenditures. 3. DEFINITIONS The following terms may be used throughout these policies: 3.1. Actual. The actual meals or lodging cost supported by receipts. The City's policy is to pay actual costs for meals and lodging up to the Federal per diem rate for the location. 3.2. Conference/Training Meal. Any meal provided,through the registration process, by a conference or training. 3.3. Contracted Travel Agency. The travel agency under contract with the City to provide travel related services. Azumano Travel is the City's current Contracted Travel Agency. 3.4. Employee. An individual on the payroll of the City. 3.5. Employee Travel. Travel by City employees on official City business. 3.6. Frequent Flyer Miles. Credits acquired when making qualified air travel purchases. It is the City's policy that staff shall not earn any Frequent Flyer Miles while on City business. Citywide Travel Policy Page 2 3.7. Incidental Expense. Small costs associated with travel. Incidental Expenses include,but may not be limited to: Gratuities,taxi fare,work related mailing costs or phone charges,etc. 3.8. Itinerary-Airfare. Information provided by an airline or travel agency showing the traveler's name,dates of travel,class of travel,and travel route. 3.9. Meals. Standard breakfast,lunch, or dinner eaten by an employee during City business travel. 3.10. Mileage. The distance traveled via personal automobile by an employee during travel. The City calculates mileage during travel from Tigard City Hall,not the employee's home. To development the reasonable estimate of mileage,the City shall use an online travel/map site such as Mapquest.com or Yahoo.com 3.11. Official City Business. Business,and any travel associated with it,that directly provides a benefit to the City. 3.12. Overnight Travel. Any travel that requires an employee to stay overnight. A conference or training must be at least 50 miles away from the City to justify an overnight stay. 3.13. Per Diem Allowance. The allowance for lodging,meals and incidental expenses established for the travel destination as established by the U.S. General Services Administration (GSA). The City's policy is to pay actual expenses for meals and lodging up to the GSA rate unless otherwise required by union contract. 3.14. Pool Vehicle. A City-owned vehicle available for"check out"by general staff. 3.15. Purchasing Card. A City-issued credit card that is the preferred means of payment for travel expenses. 3.16. Receipt. A document detailing an expense incurred. To be valid,a receipt must provide the name and address of the business,the date of the purchase,an itemized description of the goods or service purchased,and the amount of the purchase. For lodging expenses, the receipt must also include the name of the guest, the number of guests,the dates occupying the room,the room number,the room rate,and the lodging tax. 3.17. Travel Pre-Authorization Form. A Departmental form that may or may not be required prior to any travel. Each Department Director shall determine the best way to document pre-authorization for their department. 3.18. Travel Purchasing Card. A generic purchasing card that can be checked out prior to travel by an employee who does not have a City-issued purchasing card. 3.19. Travel Reconciliation Statement. A City-required form that must be completed within five (5) full business days upon return from any overnight City business travel. Citywide Travel Policy Page 3 3.20. Travel Time. The amount of time that is required by an employee to travel to and from a conference or training. 3.21. U.S. General Services Administration(GSA) Per Diem Rates. The estimated daily cost of lodging,meals,and incidentals for various cities that is used by the City as the maximum actual costs to cover during travel. 4. PRE-AUTHORIZATION Pre-Authorization shall be a Departmental responsibility. Each City Department shall have travel pre-authorization procedures in place and train their staff on these procedures. Pre- Authorization may be required by a Department for any travel but especially in the case of travel with overnight stay,travel requiring air travel,or travel where lodging exceeds the daily allowance. 4.1. Pre-Authorization Form. Each Department shall have a Pre-Authorization Form available for staff use. The FIS Department has created a generic form that may be used by any Department or each Department may create their own form that best meets their needs. 4.2. Pre-Authorization Filing. Each Department shall be responsible for retaining a file of the Department's travel pre-authorization documents. This file shall include approved and denied travel information. 4.3. Travel Coordinator/ Point of Contact. It is the recommendation of this Policy that each Department designate a Travel Coordinator or single point of contact for employees to refer to for guidance and questions. The FIS Department shall have a Coordinator or single point of contract for Citywide travel information and guidance. 5. TRAVEL TIME It is the policy of the City to use a reasonable estimate for allowable travel time during which the employee is considered"on—the-clock". Please see Citywide Personnel Policy#47 for further information about travel time and compensation. Under FLSA,the rules for paid travel change when the travel involves an overnight stay. In these cases,time spent traveling during normal work hours are paid,while time spent traveling outside of normal work hours are not. The only exception permitting an employee to be compensated for overnight travel outside of normal work hours is when the employee is the actual driver of the vehicle or is actively engaged in doing work tasks. Passengers, regardless of the mode of travel, are compensated only for travel time during normal work hours. Please note: This particular rule applies seven(7) days a week. So if an employee is normally scheduled 8:00 am to 5:00 pm,M-F,and travels between the hours of 12:00 pm and 4:00 pm on a Saturday,the employee would be paid for four(4) hours of travel pay, even though the employee traveled on a Saturday: Look at the hours of travel,not the day of travel. In further accordance with the FLSA, the employee shall be paid their hourly rate during any official training or conference hours. Citywide Travel Policy Page 4 5.1. To development the reasonable estimate,the City shall use an online travel/map site such as Mapquest.com or Yahoo.com. An employee may receive additional time if appropriate justification for the needed time (i.e. delayed flight) is submitted to his/her supervisor and approved. 6. TRAVEL METHODS The City shall require the most direct and cost effective means of travel for an employee attending any conference or training. Prior to any travel,the traveling employee and his/her supervisor shall discuss the travel methods. During the discussion,the costs,both in dollars and requirements of staff, shall be weighed with the most beneficial to the City being utilized. 6.1. Auto Travel. Auto travel is the most common means of transportation used during City business travel. 6.1.1. City Pool Vehicle. Employees are strongly encouraged to use the City's Pool Vehicles during local travel. These vehicles may be reserved and checked out during the employee's travel dates. 6.1.1.1.Non-City Employee Ride-Along. Per the City's Personnel Policy: "Family members or other non-City employees shall not be transported in city vehicles except as specifically authorized by the department director or consistent with department policy or in cases in which the city vehicle is regularly assigned to the employee as a provision of an employment contract" As such, family member or other non-City employees may accompany an employee in a City-owned vehicle during City-related travel with the appropriate approvals. 6.1.2. Personal Vehicle. The City may authorize employees to use their own vehicles for City travel when it is in the benefit of the City. Use of a personal vehicle during City travel must be authorized during the pre-authorization process in the Department. 6.1.2.1. Insurance. Employees that use their private vehicle for City business are required to have personal automobile liability insurance to provide the primary coverage for any accidents involving that vehicle. Documentation of said coverage must be on file with the City's Risk Management Office. 6.1.2.2.Mileage Reimbursement. When an employee uses their personal vehicle for City travel,the City shall reimburse the employee for mileage up to,but not more than,the Federal per mile reimbursement rate. Total allowable mileage shall be calculated from Tigard City Hall to the lodging location and back. If required, Citywide Travel Policy Page 5 additional mileage may be granted under certain circumstances. No other means of fuel or mileage reimbursement shall be approved by the City. 6.1.2.2.1. The City shall use an online travel/map site such as Mapquest.com or Yahoo.com to develop the total allowable mileage distance. 6.2. Air Travel. The City shall pay actual cost for an employee's City business travel. All employees shall utilize coach when traveling commercial airline. Reservations,where possible,should be made at least fourteen (14) or more days in advance to take advantage of any and all available discounts. Increased fees related to late booking may be disallowed unless documented with a sound business reason. Employees may at their own expense pay to upgrade their airline accommodations or alter their flight itinerary for personal business. 6.2.1. Contracted Travel Agent. City employees are strongly encouraged to utilize the City's Contracted Travel Agent for air fare during City travel. 6.2.1.1. Government Air Fare. The City's Contracted Travel Agent is authorized to provide the City with government air fare ("City Pairs") which are contracted, discounted,unrestricted,and one-way fares that require little advance reservation and have no cancellation or transfer penalties. Employees should seek to use these fares in order to maximize the benefits to the City. 6.2.1.2. Booking. This City is able to book air transportation through the Contracted Travel Agent either online or through an agent via the telephone. Staff should make every effort to use online booking to reserve air travel to maximize cost savings for the City. 6.2.2. Discount Travel Sites. Employees may,with documentation of the reasoning,use discount travel sites such as Expedia,Travelocity,Hotwire, Orbitz,or Priceline. 6.2.3. Airline Direct Booking. Employees may,with documentation of the reasoning,book air transportation directly with the airline. As this tends to be the most expensive option,it should be the last option and have solid documentation of the reason for the expense. 6.2.4. Cancelled/Missed Flights. Should a non-refundable flight need to be cancelled for either City-related business or a medical or family emergency beyond an employee's control, the City,in so long as documentation and approval are placed in the travel file,shall incur the cost of the air fare. If the flight is cancelled or missed due to any neglect,mistake,or other fault of the registered employee,the employee shall bare the cost of the ticket and all associated costs. Citywide Travel Policy Page 6 6.3. Rental Cars. The City will pay actual for rental vehicles when it is found to be an economical and efficient means of transportation for an employee during travel. Authorization for a rental vehicle must be obtained during the pre-authorization process for the travel. 6.3.1. Contracted Travel Agent. City employees are strongly encouraged to utilize the City's Contracted Travel Agent for rental vehicles during City travel. 6.3.1.1.Contracted Rental Car Company. The City has a Contracted Rental Car Company and the City's Contracted Travel Agent is authorized to book against this agreement. 6.3.1.2. Booking. This City is able to book rental vehicles through the Contracted Travel Agent either online or through an agent via the telephone. Staff should take every effort to use online booking to reserve air travel to maximize cost savings for the City. 7. LODGING The City shall pay true actual cost,up to the GSA daily per diem rate 7.1. Receipts. A detailed receipt is required for any lodging incurred during an employee's travel. For lodging expenses, the receipt must detail the following: 7.1.1. Name of the hotel 7.1.2. Address of the hotel 7.1.3. Name of the guest 7.1.4. Number of guests 7.1.5. Dates occupying the room 7.1.6. Room number 7.1.7. Total cost of the stay 7.1.8. Room rate 7.1.9. Lodging tax. 7.2. Lodging Per Diem Allowance. Lodging expenses are paid by the City at actual cost up to the specific GSA daily maximum allowable rate in effect at the time of travel for the specific area or locality. 7.2.1. The GSA rates can be found at this link: GSA Domestic Per Diem Rates. 7.2.2. Department Heads have the authority to approve lodging expenses over the GSA daily maximum allowable rate when unusual conditions exist. This approval,which requires written documentation by the traveling employee detailing the reason for the higher expenditure,is to be made on a case-by- case basis and signed by the Department Head. 7.3. Conference/Training Official Hotel. If an employee attends a conference or training and stay at the official hotel where the conference or training is being held, Citywide Travel Policy Page 7 the City shall cover,within reason and with prior approval,all actual lodging costs if the rate exceeds the GSA lodging per diem allowance for the city. If this exception is granted,the employee must book the cheapest available room or personally pay the difference between the room they book and the room with the lowest rate. This exception serves to save the City additional incidental costs such as a rental car or other transportation fees. 7.4. Alternative Lodging. The intent of this section is to reimburse employees that use their personal travel trailer or motor home during official City travel and should result in an economic benefit to the City. The daily maximum allowable reimbursement rate for all alternative lodging shall be$25. It is intended that the alternative lodging reimbursement rate apply for any overnight City travel. 8. MEALS The City shall pay true actual cost,up to the GSA daily per diem rate, for meals incurred by employees daring City related travel unless otherwise mandated by union contract. 8.1. Multiple Locations/Single Rate. The City shall use a single per diem threshold rate for an entire day. If an employee travels to more than one location in one day, the per diem threshold shall be for the location in which the employee spends the night. On the final day of travel, the per diem threshold shall be for the location in which the traveler stayed the last night. 8.2. Actual Costs with Per Diem Rate Threshold. The City shall pay actual costs for lodging,meals and incidental expenses up to the U.S. General Services Administration's (GSA) established daily rates for the travel destination City unless otherwise required by union contract. 8.2.1. The GSA rates can be found at this link: GSA Domestic Per Diem Rates. 8.2.2. The allowance is a true daily allowance and unused portions do not role to the next day. 8.3. True Per Diem. As may be required by union contract,the City shall pay negotiated true per diems to certain employees covered by the contract during travel 8.3.1. Refer to union contracts for details on negotiated per diem. 8.3.1.1. SEIU/OPEU Agreement 8.3.1.2.TPOA Agreement 8.4. Conference/Training Provided Meals. When meals are provided by the conference/training and paid for through the employee's registration,the daily meal allowance or per diem shall be reduced for that particular meal. See Section 8.5 for a breakdown of the meal allowance. 8.4.1. If the meal is an optional piece of the conference or training registration process,the employee shall have the choice to participate in the meal or, instead,to receive the meal as part of the daily meal allowance or per diem. Citywide Travel Policy Page 8 8.5. Meal Allowance Breakdown. The City shall use the following meal breakdown regardless of a traveler using the actual costs or true per diem meals method: 8.5.1. Breakfast. Equals 25%of daily allowance. 8.5.2. Lunch. Equals 25% of daily allowance. 8.5.3. Dinner. Equals 50%of daily allowance. 8.6. Travel Day Meals. The City shall pay for meals on travel days according to the following schedule (per IRS rules the City cannot pay more than 75% of the maximum daily allowance during travel days): 8.6.1. Prior to Noon—75%. When an employee leaves on travel prior to Noon the employee shall be entitled to actual meals at 75%of the daily allowance. 8.6.2. Between Noon and 7:00 p.m.—50%. When an employee leaves on travel between Noon and 7:00 p.m. the employee shall be entitled to actual meals at 50% of the daily allowance. 8.6.3. After 7:00 p.m.—0%. When an employee leaves on travel after 7:00 p.m. the employee shall not be entitled to any meal allowance until the following day. 8.7. Alcohol. At no point or under any circumstance shall the City pay any alcohol expense incurred during a meal or travel. Any alcohol which is purchased by the employee must be paid for at the time by the employee and should be on a separate check. 9. PAYMENT METHODS The City's preferred method of payment during City travel is a City Purchasing Card. Other means of payment shall remain available but every effort must be taken to use a purchasing card then at all possible. 9.1. Purchasing Cards. The City preferred mean of purchase during City travel. The Purchasing Card is a City-issued MasterCard that can be used nearly anywhere MasterCard is accepted. Many employees have been issued an individual Purchasing Card and it is this card that should be used by the employee during City travel. If a traveling employee has not been issued an individual Purchasing Card,Travel Cards are available for issuance during travel. Follow the City's established procedures to utilize the Travel Cards. 9.2. City Check. Under a limited number of situations,a City-issued check may be used to pay for a portion of the travel costs. Employees shall follow the City's established procedures,which shall include documenting the reasoning for a check rather than a Purchasing Card, to obtain a travel-related check. Citywide Travel Policy Page 9 9.3. Employee Reimbursement. Under rare circumstances,and with detailed documentation,the City may directly reimburse an employee for costs incurred during travel. 10. PERSONAL EXPENSES The City,with very limited exception, shall not pay for any personal expenses incurred during City business travel. 10.1. Combining Personal Travel with City Business Travel. The City's policy for business travel does allow for combining personal travel with business travel with additional rules. 10.1.1. Personal Portion of Trip. If an employee combines personal travel with City business travel, the City will pay only the actual costs associated with City business,any additional cost shall be incurred by the employee. 10.1.2. Airline Costs. When an employee combines personal travel with City business travel and airfare is required,the City shall pay no more than the lowest cost of round-trip coach airfare for the days that the City business would have required. Any additional cost due to an extended personal stay shall be borne by the employee. 10.2. Alcohol. See Section 8.7. 10.3. Entertainment Expenses. The City shall not pay,at any time, for any entertainment expenses incurred by an employee on official City business. Entertainment expenses shall include,but not necessary be limited to, the following: 10.3.1. Movies,including in-room 10.3.2. Health Club/Gym Fees 10.3.3. Sporting Events 10.3.4. Golf(Including Conference-related Tournaments) 10.3.5. Spa Services Refer to Oregon Ethic Laws for further details on entertainment expenses. 10.4. Personal Grooming Items or Services. At no time,and for no reason,shall the City pay for any personal grooming items or services during an employee's time on City business travel. 10.5. Personal Phone Calls. No personal phone calls while on travel shall be paid by the City other than the following exception: 10.5.1. Personal telephone calls to immediate family members or significant others to confirm the traveler's well being while on overnight travel are allowed under this policy. The employee shall be allowed one phone call a day while on travel for not more than ten (10) minutes. The City does encourage the Citywide Travel Policy Page 10 traveler to use a personal cell phone in lieu of this personal call allowance when at all possible. 11. TRAVEL RECONCILIATION Within five (5) business days of return from any City business travel and employee must submit to the FIS Department's Accounts Payable Office a completed and authorized Travel Reconciliation Statement. The City shall develop guidelines to assist employees through the travel reconciliation process. 12. COMPLIANCE AUDITING The City's FIS Department shall conduct routine review of a Department's travel records to ensure compliance with all aspects of this Travel Policy. The FIS Department,working with the City Manager's Office,may implement appropriate and progressive sanctions for inappropriate use of City funds related to travel. All employees must fully comply with requests for records and documentation supporting any and all travel expenses. Citywide Travel Policy Page 11 AGENDA ITEM NO. 2-D CITIZEN COMMUNICATION DATE: June 11, 2013 (Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in, the Mayor may ask that testimony be kept to around 2 minutes.) 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 of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF CONTACTED I Please Print CONTACTED Name: jA'\Z l )i1// 11" Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address /3 52-k.- 5 W /22,r--/ vQ City / 'y► tr./ State Zip 97-723 Phone No. 3 3 3 2- Y— Name: ..57 N 6"--1( Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address�/��0�/�5 k �J 3 City '/.7" - �'^"' State Zip Phone No. --163- e63 153 Name: VelLe-4 eA✓ Also,please spell your name as it sounds,if it will help the presiding officer pronounce: (1c35 541 recn�aw+/ �d►, - C"0�`" � � � Address 5 City 11 State 4 2 Zip q Z Z Phone No. 5%4 ' 70'7 - 03 OS CITIZEN COMMUNICATION ' AGENDA ITEM NO. 2-D CITIZEN COMMUNICATION DATE: June 11, 2013 (Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in,the Mayor may ask that testimony be kept to around 2 minutes.) 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 of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: b w c, f-( Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Ca Nitt )s Address City State Zip Phone No. Name: b6C,vt .lJ La Also,please spell your name as it sounds,if it will help the presiding officer pronounce: c„dk Address City State Zip Phone No. Name: /yap /4 fr 44 -}4 e /1.-/e/,c)6 Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION AGENDA ITEM NO. 2-D CITIZEN COMMUNICATION DATE: June 11, 2013 (Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in, the Mayor may ask that testimony be kept to around 2 minutes.) 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 of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name:Jr Y1 �Q�J(�I►� Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Nit t VV pa /Ver. VAS — tkk - C.ine Address 11010() SA) LSG liamoknn W( 1 City II/WV State State ' tK Zip T+22-3 Phone No. 5o2) " '51 " 0534, Name: Py - V--Q wP *-P Ct Also,please spell your name as it sounds,if it will help the presiding officer pronoun (©S> c $ L, 5?" ci Address City State Zip 7 2-2- 3 Phone No. :5---t)-5 Name: 3 l n� 1•00- C∎ e.c-s. CA Also,please spell your name as it sounds,if it will O,ryet 14V1-1 help the presiding officer pronounce: Patsie - Address (1/4;-)i' SA) City State Zip 1).72-'. Phone No. CITIZEN COMMUNICATION hn co[ll Ia D i3 m catit Document Timeline a- D Agreement Between City of Tigard and Tigard Little League/Southside Soccer February 2, 1998 Original Atfalati Recreation District/City of Tigard Agreement This is the original agreement that addresses the purchase of the land and how the groups will work together. April 22, 2003 Amendment This filled in details on how the newly-planned concession building would be handled -the 1998 agreement had only briefly touched on it because it wasn't planned at that time and it was in 2003 that they moved forward with the building. April 22, 2003 Amendment 2 This was a separate document that laid out the new, combined payment schedule for the purchase of the property (that had started in 1998) and the new payments that were for the concessions building. May 12, 2010 Amendment 3 This document amended Section 15 (Termination) and Section 4(Goals). It also acknowledges the dissolution of ARD and assigns the rights of the agreement to TLUSSC. February 21, 2013 CoT-TLL-SSC Meeting Notes These are meeting minutes that the City provided after a meeting this February. March 6, 2013 CoT Notice of Termination Letter This is the letter officially stating that the City wants to terminate the agreement. May 2, 2013 TLL-SSC Response to CoT Letter This is TLUSSC's response to the City's Notice of Termination letter. June 3, 2013 CoT Letter of Response This is the City's response to our letter dated 5/2/13. June 11, 2013 Kim Kelleher Speech/ Discussion Points For reference purposes, the speech made at the 6/11/13 City Council Business Meeting and discussion points created by TLUSSC. Df'IBIT A T I LARD CITY ORDINANCE- NO 98_ ,j AGREEMENT Cg, The City of Tigard, an Oregon municipal corporation ("City"). has purchased real property defined as the Gray/Lamb Cook Park Addition ("Property") as more ,articularly described in the attached Exhibit "A". for the sum of$300,000 and the Atfalati Recreanon District, Inc.. an Oregon non-profit corporation ("ARD"), will be contributing the sum of SI50.100 towards the purchase of the Property as hereinafter set forth. The purpose of this agreement is to set forth the obligations, rights, and responsibilities of the parties concerning the purchase of tlt Property, development of the Property, improvements to the Property, maintenance of the Property, and use of the developed fields and the related facilities with this expansion of Cook Park in Tigard, Oregon. The City and ARD (and its members Tigard Soccer Club [TSCJ and Tigard Little League [TLLJ) have an arrangement at present whereby TSC and TLL have priority during their seasons for the use of the soccer fields and baseball/softball fields at the present park. The purpose of this agreement is to acknowledge the equity position that ARD will have in the Property being developed and that TSC and I'LL will have a priority for the use of the developed Property during their seasons and to acknowledge that TSC and TLL will conrirute to have priority on the existing ball fields and soccer fields during the development of the Property. The purpose of this agreement is not to reduce the present use that TSC and TLL have in the existing fields, nor is it to give additional benefit as to use of the existing fields, but merely to acknowledge present use and provide for future use of the developed Property. Page 1 - AGREEMENT The purpo` of this agreement is to also allow for the consolidation and coordinated use of the present baseball softball facilities at Cook Park, the existing soccer facilities at Cook Park and the facilities to be developed on the Property. The cooperative efforts between the City of Tigard, ARD, and the various recreational organizations that use the present facilities and the facilities to be developed is desirable to maximize the use for existing organizations and future organizations. The parties agree as follows: 1. Purchase of Real Property. The present members of ARD, TSC and TLL agree to pay the City a minimum of $15,000 per year for a period of ten (10) years toward the purchase price of the Property for a total payment of $150,000. ARD shall have the right to prepay its obligation at any time. The TSC and TLL are presently assessing their members a per-player fee to fund this purchase. To the extent that there are assessed funds that have been collected by ARD for this purchase in excess of$15,000 per year, ARD agrees to place these funds in a separate account (the Fund), and said funds shall be used upon agreement between the City and ARD as to the use of these funds for purchase, development, improvement and maintenance of the Property. The first payment shall be due August 1, 1997, and each payment thereafter shall be due on May 1 of each year until the entire$150,000 is paid. The City and ARD recognize that ARD is soliciting additional members to its organization. It is agreed that should additional ARD members use the Property, they shall be assessed for the use of the Property and funds assessed shall go into the Fund provided for herein. It is further • Page 2- AGREEMENT anticipated by the City and ARD that there will be other uses for the fields to be developed on the Property and users fees charged and collected by the City and that the City will place these funds in the development fund for the Property until the Management Committee ( `Committee"), as defined in Paragraph 2, has determined that the development called for in the 1.997 Revised Cook Park Master Plan ("Plan") has been substanriatly completed. At that time, the use of these user fees shall be renegotiated between the City and ARD. 2. Management Committee ("Committee". The Committee shall consist of two (2) City officials appointed by the City Council for the City, and two ARD representatives, one from TSC and one from TLL, appointed by their respective boards. With input from City staff and the boards, the development and improvement of the Property shall be the responsibility of the Committee within the confines of the City budget and funds becoming available from various sources. The Committee shall develop guidelines for use, scheduling, and maintenance of the Property. Tigard's Department of Public Works shall be responsible for tmaintenance of the facilities. 3. Mediation of Disagreements. The City and ARD agree that they will mediate any disagreements (including those arising in the Committee) between them and will immediately engage the services of a mediator to resolve their differences with reference to development, improvement, maintenance and use of the Property. Both parties acknowledge tlhat they may have differences and agree in good faith to mediate and resolve all disputes having in nn ind the protection of the fields and the use of the fields by the maximum number of participants im the City and the Page 3 -AGREEMENT surrounding area. The mediation shall be by agreement in a form per the attached agreement which is attached hereto as Exhibit "B." 4. Goals. The parties agree to the following goals: a. To provide an area that can be used by a large number of people for other City events such as the July 4 celebration and Tigard Festival of Balloons. b. To provide additional soccer and baseball/softball fields for TSC and TLL and other Tigard based youth and adult soccer and baseball/softball leagues as well as providing these fields to the public (which may be on a fee basis). c. To maintain all fields at Cook Park at a high quality by limiting their use by rotation, and provide increased maintenance. d. To attract large tournaments and other recreational uses for the Tigard community. A portion of the income from the proceeds would be used to maintain the fields. e. To have fields in the city available to the general public for general recreation. f. To accomplish the first five goals with limited taxpayer money, but working with the City to share parking, utilities, and combining the strengths of the park and the fields. 5. Construction of Fields and Related Facilities. Subject to the availability of funds ARD will construct appropriate fields on the Property. If the City builds additional facilities at Cook Park, this Agreement may be modified to include the use and operation of those facilities. Page 4 -AGREEMENT The City and ARD agree that the improvements identified in the Plan for the development of the Property benefit the TSC and TLL as well as the general public as a whole. Development and improvement to the Property directly related to ARD and its membership lea_Tues; i.e. playing fields and parking (a percentage to be determined), and snack shacks (and the playground to service the field) are the responsibility of ARD. The City shall be responsible for those improvements that primarily serve the general public; i.e., playing fields and parking (a percentage to be determined), restrooms and pathways_ The above are examples and other development project; on the Property will be shared on a negotiated percentage basis between the parties. 6. Provision of Services to Property. City will provide electrical service, garbage collection (including refuse cans and dumpsters), water and sewer service to Cook Park as developed and expanded. City will provide ARD with access to the electrical panel for the sports fields during the recognized season in return for reimbursement, according to a schedule established by the City. 7. Payment of Costs for Annual Maintenance of Sports Fields. The Department of Public Works shall be responsible for a base level of maintenance for the sports fields such as mowing, watering, and fertilizing, etc., as determined in its annual budget process. If ARD wishes a higher level of maintenance on the sports fields and related facilities than the City is providing, then ARD may either provide such maintenance (with approval of the City) and be responsible for the cost, or it may negotiate these services and costs on an anneal basis with the City. 8. Maintenance and Repair of Facilities. During the recognized TSC and TLL seasons, ARD shall remove all litter and garbage to approved receptacles provided by the City and • Page 5 - AGREEMENT keep the Property in a clean and safe condition. ARD stun be responsible for Iining all sports fields. Whether fields are suitable for play on a day-to-da basis shall be the sole decision of the City's Public Works Director or designee. The City shall require any other user of the Property to leave the Property in good condition and repair, including removal of liner and debris from the Property when the use is completed. The City and ARD re ogni7P a use of the fields is a resting period for the fields, and that this resting and rejuvenation period for the fields is to be considered as a use of the fields when determining other uses of the fielks. 9. Improvements. ARD may make temporar.: or permanent improvements to the Property only with permission of the City Public Works Director consistent with the Plan and City financial processes. The City gives permission to ARD to provide a snack shack for ARD sales operation during the TSC and TLL recognized seasons. The City shalt approve the type and placement of any improvement, including a snack shack, ani shall receive funds to cover the cost of electricity to service the snack shack or actual cost as determined each year by the City's Public Works Director. All improvements to the Property shall be constructed consistent with all local and state legal requirements. Any improvement is the property of the City. Upon completion of the Plan, the City shall adopt a financial plan to fund its obligations under this Agreement. 10. Priority in Use of Sports Fields. The City has the right to schedule community events in Cook Park. The City and the Committee recognize that ARD has priority to use the sports fields for conducting TSC and TLL activities during the appropriate recognized TSC and TLL seasons. This priority of use allows ARD first option to use the sports fields and related facilities during TSC and TLL recognized seasons. Other persons or entities desiring to use the Page 6 -AGREEMENT Property for any purpose during the recognized seasons would have secondary priorities. Community events may preclude use of sports fields and related facilities by ARD; prior to scheduling these events the Committee shall be consulted. 11. Scheduling Other Uses of Property. ARD shall provide the Committee with a schedule of days and times of use and suggestions for field rejuvenation prior to February 1 of each year. The City shall schedule ARD reservation for the Property and review and schedule ARD's requests for other City fields. Reasonable use of the Property by other users consistent with ARD recognized TSC and TLL seasons, will be scheduled by the City utilizing a permit process. 12. Insurance. ARD and/or the specific member will maintain, in full force and effect during the term of this Agreement public liability and property damage insurance, including bodily injury, property damage, and personal injury insurance, covering ARD's and/or its member league's sponsored activities on the Property during the recognized sports seasons. This insurance shall cover all claims which might arise from operations and activities under this Agreement or pertaining to ARD's and/or its member league's activities directly and shall carry the City as an "Additional Insured." The insurance policy will be with a carrier allowed to transact business in Oregon. The policy of insurance maintained by ARD and/or its member league shall provide at least the following limits and coverages: General Liability and Property Damage and shall have a minimum liability of one million dollars for any one occurrence. ARD's and/or its member league's insurance policy shall contain provisions that such policy shall not be canceled or their limits of liability reduced without thirty (30) days prior written notice to the City Risk Manager. ARD Page 7 - AGREEMENT and/or its member Ieague shall provide the City with Certificates of Insuran: in a form satisfactory to the City certifying the issuance of such insurance. The Certificates sha. be forwarded to: Risk Manager, City of Tigard, 13125 SW Hall Blvd.., Tigard. Oregon, 97223. S:.ch certificates must be delivered prior to commencement of the terms of this Agreement. The procuring of such required insurance shall not be construed to limit ARD's and/or its member league's liability hereunder. Notwithstanding said insurance, ARD and/or its member league shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 13. Cooperation in Parks Planning. City has and will continue to involve the community in the planning for Cook Park, and design and construction cf improvements to the Property. The City, TSC, TLL, neighbors and others have participated as members of the Cook Park Task Force. Through their efforts, and that of a consultant, the Plat has been developed. Public meetings have been held throughout the process. In the future, City will give notice of public meetings regarding its parks planning process, when revisions to the Plan are under consideration. 14. Term. This Agreement becomes effective on the date it is signed by both parties and will continue for a ten(10) year term which shall begin on August 1, 1997. 15. Ten Year Review and Termination of'Agreement. Within a one-hundred and twenty day (120) period prior to the conclusion of the initial ten (10) year cycle, and each ten (10) year anniversary thereafter, ARD and City shall conduct a mutual review of this Agreement and • modify or terminate the Agreement if both parties determine that such a modification or termination Page 8 - AGREEMENT is in the public interest. If at any time the Agreement is terminated and the property remain available for active recreational use by ARD, or the Property becomes unusable for recreational purposes, then no remuneration is required for either party. If at any time the Agreement terminated and the Property will be unavailable for ARD use as outlined in this Agreement, then the City will either dispose of the Property or provide ARD with a replacement facility equal to or better than the Property. If a disposition of the Property occurs, the proceeds of the disposition shall be split 50 per cent to the City and 50 per cent to ARD or its successors (after deduction of th actual costs of disposition). This Agreement may also be terminated by either party for a material breach of its terms. The non-defaulting party shall give a written notice of default and opportunity to cure at least thirty (30) days before terminating the Agreement for cause. Upon termination_ ARD shall remove all of its equipment from the Property and leave the premises in good order and repair. 16. Entire Agreement. This Agreement is the entire agreement between the parties. Except as provided in Paragraph 16, any modification to this Agreement must be in writing and approved by both parties. 17. No Partnership. ARD and the City are not partners or joint venturers. Neither party is responsible for the actions of the other in the use of the Property. 18. Anti-Assignment. This Agreement may not be assigned by either party without written consent of the other party. 19. Public Contracts Requirements: Anti-Discrimination. The City agrees to comply with the provisions of ORS 279.310 to 279.320, relating to mandatory provisions in public Page 9-AGREEMENT contracts relating to payment of laborers, payment of claims, environmental and natural resources laws and other matters, which statutes are incorporated herein for improvements undertaken by the City. The City and ARD agree not to discriminate in the scheduling or use of the Property against persons on the basis of race, religion, color, national origin, sex, age, marital status, disability, or political affiliation. 20. Authority to Execute Agreement. This Agreement shall be approved by an • ordinance of the Tigard City Council. ARD represents that the person signing the Agreement on its behalf has authority to sign the Agreement. r G•ako ny, 1 9e9 DATED this ) day 97: CITY OF TIGARD ATF• agi ` ' DIS , INC. By: _ r./,411/2-- By: ►- As its: C•71 l //17;51-hMt:i.e-.2 As its: • i:\admkad►y\a mnts\atfalaa.doc 42p.„ifto. U c__,77z —02---- Page 10 - AGREEMENT • 1,./ .8/ •e. 31O 71 I ; r . 4 . 5 z4;as $ W CarHr 211.43 6- P110•14 41 k • 411.711 MAP ,�21/123 '' Ita.al ----�7ourH —Liu SOLOMON ntCHML� D L C 1 14 • 1 14 AC �--- 1500 2/./9A C. ° P 0 a . t 0 n u• t o Z~ h. p a H j WI I s a n N r. o I b 01 (J G AN z °o, 1` gg gli ott d. • 3� 3erI? $4 w H--- . 27+314 SEE MAP • 23 1 140 EXEIBIT "B" Form 15 -2 agreement to Mediae • AGREEMENT T:, MEDIATE This is - - an Agreement between [t] and r*] and NJ hereinafter the , :teZt of 'nediator, ' to enter into mediation wit__ _he f resolving the following issues : r'] , The parties and the mediator L dens taad and agree as follows : 1 . Nature of Mediation The' parties hereby appoint and retain [* a mediator for their negotiations. The parties. understand mediation is an agreement-reaching process' in which the mediator a -- fists parties to reach agreement in a collaborati v consensual e, and informed manner. It is understood that the mediator has no power to decide disputed issues for the 'oat-ties . The parties understand that mediation is not a substitute for £ndependent . legal advice. The parties are encouraged to such advice t g secure hroughout the mediation process and are strongly advised to obtain independent legal review of any formal m e agreement before 8i mediated signing that agreement. The parties understand =hay the mediator's objective facilitate is to the parties _hemsel ves reaching their most constructive and fairest !9=Bement . The parties also understand that the mediator has :a1= alien to work an on b 5 ehalf of each part a iZ .ed-a;.or cannot Y 4ua--Y and that the render individual l e=al advice =- r to any party and not c render therapy or arbitrate ar_ within the mediation . Scone ' �= Mediation The parties understand that it is for the parties , with the mediator' s concurrence , to - , dec_=m,:.ne the scope of the mediation and this will be accomplished early :n the mediation in process . 3 • Mediation is Voluntary All parties here state their good-faith intention to complete their mediation by an agreement. It is , however, understood that any party may withdraw from or suspend the mediation process. at any time, for any reason. The ma-'-ties also understand that the mediator may susbenc, or terminate the mediation if the mediator feels that the mediation will lead to an unjust or unreasonable result; if � the mediator feels that an impasse has been reached; if , the mediator ached- or d-ator ...atemines that he or she can nc long effectively perform. a facilitative role. 4 . Confidentiality It is understood between the parties and the mediator that the mediation will be strictly ccaf_dea,t=al. Mediation discussions, any draft resolutions, and any unsigned mediated agreements shall not be admissible; . . o in any court proceeding. Only a mediated agreement signed by any parties; Y arties may be so admissible . The parties further agree to not call the mediator to testify ccmcerning the mediation or to provide any materials from the mediation in any court n_oceedi^c between the parties . The r iat`-on is considered by the Parties and the mediator as EXHIBIT "B" Form 15 -2 Ag=eemea to Mediate • AGZ,E3 T TO MEDI/1XE This is an Agreement between [*1 and [1'1 and (*3 , hereinafter the 'mediator, " to enter into mediation with the intent of resolving the following issues : (*) , - The parties and the mediator understand and agree as fol?ows : 1. Nature of Mediation The parties hereby appoint and retain [, - mediator for their negotiations. 1 a s The pa.-ties mediation is an a enders t,�nd that agreement-reaching process in which the mediator a. •its Da'"ties to reach agreement in a collaborative consensual, and informed fie-•.. . It is understood that the aned. ator has no power to decide disputed issues for the parties . The parties understand that mediation is not a substitute for independent legal advice. The parties are encouraged � g to secure such advice throughout the mediation process and are strongly idv_sed to obtain independent Pendent legal review of any formal mediated agreement before signing that agreement. The parties understan hat the meciator� s objective ective is no facilitate the parties � es Zemse_v reaching their most constructive and fairest g='eement . The parties also understand that the mediator ha bl?cation to work on behalf half r o r s an f each party equally and that the ediator cannot render individual legal advice L11 nct to any party and render therapy or arbitrate within the mediation. Sotiat•ors . All parties also understand and agree that the mediator may have private caucus meetings and discussions with any individual party, in which case all such meetings and discussions shall be confidential between the mediator and the caucusing party. The mediator may,y however, have certain statutorily y or judicially required reporting obligations, such as reporting a reasonable belief that child abuse has take"n P cr to speaj up to protect one party from another if substantial physical harm is a concern. 5 . Full Disclosure Each party agrees to fully and honestly disclose all relevant information and writings as requested by the mediator • all information requested by any other party, if the mediator determines that the disclosure is relevant to the mediation discussions . 6. Mediator Impartiality The parties understand that the mediator must remain impartial throughout and after the mediation process. Thus , the mediator shall not champion the interests of any party over another in the mediation or in any court or other oroceed_nc. The parties agree that the mediator may discuss the Parties' mediation process with any attorney any party may retain as individual counsel . - Such discussions will not include any ne- ,tiations, as all mediation negotiations must involve all parties directly. The mediator will provide copies of zo_=espondence, draft agreements , and written documentation to .:dependent legal counsel at a party' s request . The mediator may communicate separately with an individual mediating party, in which case such 'caucus' shall be confidential between the mediator and the individual mediating party, unless ac_-eed otherwise by all parties and the mediator. 7 . Mediation Fees The parties and the mediator agree that the fee for the mediator shall be $ [*3 per hour for time spent with the parties and for 'time required to study documents, research issues, correspond, telephone call, prepare draft and final agreements, and do such other' things as may be reasonably necessary to Militate the parties reaching full agreement. The mediator shall also be reimbursed for all expenses incurred as a part of the mediation process . A payment of $ [*1 toward the mediator's fees and expenses shall be paid to the mediator along with the signing of this acreement. Any unearned amount of this retainer fee will be refunded to the parties . The parties shall be jointly and severally liable for the mediator's fees and expenses . As between the parties only, responsibility for mediation fees and e_ nenses shall be : (el . The parties will be provided with a monthly accounting of fees and expenses by the mediator. Payment of such fees and expenses is due to the mediator no later than 15 days following t.__ date of such billing, unless otherwise agreed in writing . • Shou '_c' payment. not be timely made , the mediator may, in h_s her sole discretion, stop all work on behalf of the parties , including- the drafting and/or distr .hution of the parties ' agreement , and withth-aw from the mediation. If collection or couz-z action. is taken by the mediator to collect fees and/or expenses under this agreement, the prevailing party ; , any in anf such action and upon any appeal therefrom shall be entitled to a t tornev fees and costs therein inc-u....—zed. DATED : 19 C�yen t • Client Mediator • { AMENDMENT TO AGREEMENT DATED FEBRUARY 2, 1998 BETWEEN THE CITY OF TIGARI7 AND ATFALATI RECREATION DISTRICT,INC. This Amendment is made between the City of Tigard,an Oregon municipal corporation ("City")and Atfalati Recreation District,Inc.(ARD)and amends the agreement between them dated February 2, 1998. RECITALS a. City and ARD entered into an agreement dated February 2, 1998,concerning the respective rights and obligations of the parties in the Gray/Lamb Cook Park Addition(the Property), in which each party has an interest. b. Section 9 of the 1998 Agreement contains provisions relating to improvement in the park,including a"snack shack." C. The parties wish to clarify their respective rights and responsibilities relating to the sale oi'items at the park by amending Section 9 of the 1.998 Agreement as set forth below. AGREEMENT 1. Section 9 of the 1998 Agreement is amended to read as follows: • 9. Improvements and Concession Stand. a. .ARD may make temporary or permanent improvements to the Property only with permission of the City Public Works Director consistent with the Plan and City financial processes. All improvements to the Property shall be constructed consistent with all local and state legal requirements. All improvements are the property of the City. b. The parties agree that ARD shall operate the concession stand on the Property under the terms detailed in the attached Exhibit A,which is incorporated by this reference. 2. All provisions of the 1998 Agreement other than Section 9 remain in full force and effect. The 1998 Agreement,as amended,is not an agreement for the purchase or sale of goods or services. CITY OF TIGARD A It ,T " ION DISRICT,INC. • By: Wit t tAM A. MONAHAN By: o Its: CITY MAt4AGFR Its: n, y2,Z1a3- y/2-2/1)3 EXHIBIT A . TERMS OF CONCESSION STAND OPERATION t. ARD,in the exercise of ownership interest in the Property,may operate the existing concession stand on the Property. ARD may contract with one or more appropriately licensed service providers to operate the concession stand. 2. In order to preserve the Property and the City's interests in the Property,ARD shall be responsible for clean-up and litter removal associated with the concession stand. ARD may place litter in City waste bins on the Property. 3. In order to allow clean up of the Property, the concession stand shall close one hour before dark. 4. ARD's right to operate the concession stand is limited to a right to sell items consistent with the purpose of the operation of the Property. ARD may sell food,non- alcoholic beverages,snacks,apparel,souvenirs,and other similar small items at the concession stand. ARD shall not sell or otherwise provide any tobacco products, alcoholic beverage,or food with alcoholic content at or from the concession stand. 5. Because the concession stand is City property,the City must approve the location, size,and appearance of all signs within or on the concession stand. 6. ARD is responsible for the maintenance,repair and upkeep of all equipment installed and/or operated by ARD or its contractor within the concession stand. ARD shall not install any equipment on the Property without the prior written approval of the City. The City is responsible for the maintenance,repair and upkeep of all equipment installed by the City or its contractors. ARD shall be liable to the City for any damage to City property caused by ARD or its contractor(s). ARD shall be responsible for cleaning plugged sewer lines in and from the concession stand unless the plugged condition is the result of faulty installation or design. 7. No modification to the structure of the concession stand shall be made without approval of both parties. Repair shall not be considered a modification for purposes of this section. The City may repair the structure without approval of ARD,but shall consult with ARD concerning any repair 8_ The concession stand is currently connected to electric,water,and sewer. ARD shall be responsible for payment for utility services for the concession stand. 9. In the exercise of its ownership interest in the Property,ARD may also engage in sales of food, beverages,novelties and apparel at other locations on the Property. This provision does not create any right to construct a structure on the Property. ARD may exercise this right through contractors or licensees. Is" • Is" ti l e 1 Vie;= 1 10. ARD is not an agent,partner, or joint venturer of the City for any purpose. Both parties have an interest in the Property and this agreement is intended solely to govern one aspect of their respective rights and interests in the property. i i. ARD shall defend, hold harmless and indemnify City, its officers, agents and employees from all claims, suits, or actions, and all expenses incidental to the investigation and defense thereof, related to, or alleged to relate to, ARD's or its contractor's operation of the concession stand. 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. 12. ARD shall maintain insurance acceptable to City in full force and effect throughout the term of this contract and provide certificates of insurance to the City demonstrating the coverage required by this section. Such insurance shall cover all risks arising directly or indirectly out of operation of the concession stand, including the operations of any contractors of any tier, with coverage of at least SI milton per occurrence and $2 million aggregate. The insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The City shall be listed as an additional insured. If the insurance is arranged on a"claims-made"basis,ARD shall obtain Extended Reporting coverage for a duration of 24 months after ARD ceases to operate the concession stand. ARD shall not cancel or materially change insurance coverage without 30 days written notice to the City, The insurance policy shall include a cross-liability clause or separation of insureds clause. The procuring of required insurance shall not be construed to limit Section 12. 13. ARD shall comply with workers compensation laws and shall require its contractor(s)to do so. 14. All conditions required to be in an agreement of this type by ORS Chapter 279, including the provisions required by ORS 279.310 through 279.31.6, ORS 279.320 and ORS 279.334 through 279.380 are incorporated herein as though fully set forth herein, and ARD and its contractor shall comply with all applicable substantive provisions of those statutes. The parties have concluded that these requirements do not apply to this contract. However, should an administrative agency or court with jurisdiction decide otherwise, ARD shall hold the City harmless from any and all claims, penalties or damages resulting from failure to include comply with any provision of ORS Chapter 279. I. SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TIGARD AND ATFALATI R*CREATION DISTRICT,INC. THIS SECOND AMENDMENT is made and effective the 22- day of /i , 2003,by and between The City of Tigard,an Oregon municipal corporation(the"City") and Atfalati Recreation District,Inc.,an Oregon nonprofit corporation("ARD"). This Second Amendment is to that certain agreement between The City and ARD dated February 2, 1998,as amended by the parties effective 2- 2003 (said agreement,as amended,is referred to as the"Agreemen ). Recitals A. The Agreement sets forth the respective rights and obligations of the parties with regard to the Gray/Lamb Cook Park Addition(the"Property")in which each party holds an ownership interest: B. The City and ARD have previously amended Section 9 of the Agreement. C. By this Second Amendment the parties intend to further amend the Agreement to provide for the installation o1;, and credits for, certain improvements to the Property and to clarify the payment obligations of ARD pursuant to the Agreement. Amendment 1. Section 1 of the Agreement is deleted and replaced by the following section and subsection: "1. Purchase of Real Property. ARD agrees to pay to the City in consideration for ARD`s ownership interest in the Property a purchase price for the Property in an amount,and in accordance with the schedule,set forth on Exhibit A to the Second Amendment of this Agreement(the"Purchase Price"). ARD shall receive credits against the Purchase Price as follows: (i)$12,500 upon completion by ARD of the purchase and installation on the Property of portable backstops, goals,benches,bases, pitching mounds,field lining and other improvements agreed upon by the parties;(ii) $7,000 upon installation by ARD of safety devices to prevent fly balls from traveling into the parking lot on the Property;(iii)$30,000 upon replacement by ARD of backstops and dugouts on the Property existing at the date of the Second Amendment of this Agreement;and(iv)$15,000 as a one-time total credit for scholarships given by ARD that benefit the community. "1.1 Application For and Potential Award of Grants. ARD may apply to the City in each of the ten(10)consecutive fiscal years,commencing with the 2003-2004 fiscal year, for community event grants in the amount of$5,000 per fiscal year. ARD agrees that any and all grant funds obtained pursuant to such applications will be applied by ARD as payments to the City to reduce the Purchase Price." 2. Effect of Second Amendment. The provisions of this Second Amendment ,. supercede and take precedence over any and all inconsistent provisions of the Agreement. Except as amended hereby,the Agreement is restated and manned by the parties hereto. IN WITNESS WHEREOF,this Second Amendment has been executed and made effective by the parties as of the date first above written. CITY OF TIGARD, ` ATFALATI RECREATION DISTRICT, an Oregon municipal corporation INC.,an Oregon nonprofit corporation By: WTI 1 TAM A. MONAHAN By: t . Its: CITY MANAGER Its: { JP.",4104.x .4v C.n« x010.] • PAYMENT fs ERR NET AMOUNT INCWOINC NNOPAESI,PAYMENTS ARE PER 1110 ARD PROPOSER PAYMENT SCHEDULE AND EXTENDED OUT TO 2013-JEREMY FOR 109,000 IS 4YYER TOR ITEMS REQUESTED PER LETTER TROM ARC TO ED 0Y7ONER. ARal311 Prefl3Unn P19t710-lbiard UM.I.ea44e►South-4We Succor Chub Re0a7men1 el Pap002101440 for Cook Park h pn,00entots 5.0411 204401! Papnenh Poo.va. PaYean% Paanasa Par name Palhama 7 o0. P4P+'anl1 744.0001 74,0400 Pa9n4n10 1941 10200.0 N 61001400 40, !1[0111101011 Rant Yeae ■401tl Tear A.1%Yes" reel Ylmr P Arai Yea 74001 Year fiscal Yell 74001 Tao, Fix*Yea RavO Yssr 1=1070 Y4 7.070044 N990%eat P77“.11. Ah11,2/01 AAt1mOJ0116/P4 Oa 11.2002 1003 3404 3004 2000 2001 2001 2009 2010 mlf 0-1 7011 7(7013 Pim.% La./P,seF.a+a.04474411 ISM 11 1 00.946.07 1 • 7 00,000.00 114 40000 914100040 T 13,0190 11000000 0 - 4 1 • I 1 - s - S t0,00000 7459 9da 1st le too A.aenO 52,41.+9 lntPio.0440111P1149904 .500144111 H 1 37 MOO! • (0,(00.001 I 29,112.00 1:00113 2,0001* 4.4100] 1,00110 145358 4,50132 1.370.20 1247.10 4,080.50 3,004.54 0 3441141 c,. q,5rg0evl,000 54a6y 5 u.,0 4Rr.00,0anMMrta44a4nleelq .3 Lj3,�6�04,, fN. 910 �_t09aa�o0 -. .,_12.571141 14.450.51 05,973.0. 33.03.09 244 3041 70.10•11 30200.13. 27.30810 74.41(42 t L41010_06., se.Tau,•1243 1_msgl 0C _____.443,643.R51 _._37 ea 14 asala 14,181.00 13,412 27 33,744 Si ,,.3(,04.16 34;741205 30,60001 4.611) ,,,JI 07:)7 , 2t,7w.47 ; 510,123.15 Total 4ralm.n4a•et.4010 1 161930 J 0033 � 7!3,467,00 1!$,00011• 12.990.14 437,015.40 13304327. 63521714 P1.41114„1110111.11 t9.pq.01 33261:4-11 1 6(204.17 S 0,.144.17 $ 100.127.10. ••Bala.=te 404..0!4.01 et 140,009 made by ebwl Mkt an 1110 1$,2007. Obe 7100.741.700*.saa lal.P iar00a1fao70 p'*0P0340Yrn401*444*Nk040!td 177EIIPOT Dole 2034734 C4Fr(m 50.4,004 GHrl,e 10041st post fie cal The o,.50*Good to 41.404 payetatom 900ait0e 0740 Rates 44mo 44 '0.09.00.0*$40One.11,.Slavef%.ahaom rm.the ryrw1410.e1.ae41tlia 08000 Ian 1120142003 0 300000% cc. 4.60 d*04070 1heWel amount{135!181111 1147111144 0.03.0 30500% 0,05003 14000.101 1120181006 40,000 30410004 414044 10.110.10 1011020100 17.004 345000% 454727 411,44 If 114711/001 25944 1116017. 1.244-41 15.111.61 1119171/0/ 04901 700003% 440130 3.41131 410412700 30.106 4047301% 9,10;.4* 34,701.10 we 047010 79.107 4 40O00S. 415104 12,5!6.04 1 f37 2204 29.011 430000% 2,430.47 9.67811 11414012 70000 1.301040% 1,209I? 74.34 IT 11012/1012 70907 4.77410% 1.112 11 31/411 it 5..4+31001 preen!Fla" hone 07$1 I11.1.555t1 m4* •01,9 - ..,750141C?C *0 re alma AID 441199.410 mmnr ve et 0904 Pr4..i100.IXa44 M 1652 ._17.103_K _.F j 745 444 2001 _405767., PY 7OM. 77 0014 732110 77 mti�-' 271.j,9.11_ 74(040104 E!00l5g00 P11111M10.041/1112t9 74041 4110 PLL I 51111 40,607 04 Roam 27000.00 23,800.40 21,009,90 20,654,00 70,000.09 yowl at 33,000.07 09,000 04 040.004 00 NAM PP,NS1?Q� 04014417144$-Lana +0 "MIN 96 Marl 1412167111011701-0330 4.111. 10,000 00 Pad 70102e2-4101.4.:5.10,400 Sa-c..t},a -..11:69090, Inns 07,76770 ASSIGNMENT AND THIRD AMENDMENT OF AGREEMENT BETWEEN THE CITY OF TIGARD AND ATFALATI RECREATION DISTRICT,INC rner- THIS ASSIGNMENT AND THIRD AMENDMENT is made effective thew day of-.Pregtrst, 201' ,by and between the City of Tigard an Oregon municipal corporation (the "City"), and Southside Soccer, previously known as Tigard Soccer Club, ("Southside"), and Tigard Little League ("Tigard LL"), previously known together as Atfalati Recreation District, Inc., an Oregon nonprofit corporation ("ARD"), collectively known as the "Parties", pursuant to that certain agreement between the City and ARD dated February 2, 1998,as amended by the parties effective April 22,2003 (the"Agreement"). RECITALS A. The Agreement sets forth the respective rights and obligations of the parties with regard to the Gray/Lamb Cook Park Addition(the"Property"). B. The Parties amended the Agreement related to the Property,on April 22,2003. C. ARD has ceased to exist, but its members Southside Soccer and Tigard LL, are acknowledged in the Agreement as Parties thereto. D. The City, Southside, and Tigard LL desire that Southside and Tigard LL assume ARD's rights and responsibilities under the Agreement, pursuant to the Agreement Section 16. Entire Agreement, and Section 18. Anti-Assignment, both sections of which required prior written authorization for assignment. E. The Parties wish to amend Section 15. Ten Year Review and Termination of Agreement, and Section 4. Goals of the Agreement. F. By this Assignment, the Parties consent to assign to, and Southside and Tigard LL ("Assignees") consents to accept, ARD rights and responsibilities under the Agreement, and to amend Section 15 and Section 4 of the Agreement, as set forth below. ASSIGNMENT AND THIRD AMENDMENT 1. ARD hereby assigns to Southside and Tigard LL all of its rights and responsibilities under the Agreement, including but not limited to all control, use, financial and other rights and responsibilities related to the Property as set forth in the Agreement. 2. The provisions of this Assignment supercede and take precedence over any and all inconsistent provisions of the Agreement. Except as assigned hereby and herein the Agreement is restated and reaffirmed by the Parties hereto. 3. Section 15 is hereby amended as follows: "Section 15. Termination. This Agreement shall be extended to October I, 2008, and shall automatically renew each year unless one or all of the Parties provides in writing six months prior to October I of each year,their intent to withdraw from or modify this Agreement." 4. Section 4 is hereby amended as follows: "Section 4. Goals. g. To work together to develop operating parameters for the use of the Property facilities." IN WITNESS WHEREOF,this Assignment and Third Amendment has been executed and made effective by the Parties as of the date first written above. T: ;car a. �--t By: Its: oc?1—k Le SOUTHSIDE: BY: e; r..- By: Its: /e._ JaE .2 Tigard Little League & Southside Soccer Coordination Meeting DATE: February 21, 2013 LOCATION: 10 Mil Conf Room PRESENT: Kibwe Cuffie (SSC), Yvonne Sera (SSC), Paul Slover (SSC), Kim Kelleher (TLL), Brian Bullard (TLL), Steve Martin, Greer Gaston, Brian Rager, Mayor John Cook Meeting Notes End of Existing Agreement • Why it makes sense. • How rights of both clubs will be retained (TMC 9.04) There was discussion about the existing agreement having provisions that are out of date, or not applicable today, and that it is cumbersome to follow. The city is interested in terminating the agreement and working toward a new arrangement with the clubs. TMC 9.04 grants all Tigard- based, non-profits benefitting Tigard youth priority access to field reservations. Both clubs stated that they are concerned about the lack of an agreement, specifically due to the concern that they be considered equal with any other Tigard-based non-profits benefitting Tigard youth. TLL and SSC believe that since they were the two entities that paid the city for a portion of the Gray/Lamb property and for other improvements made to the fields that they should have more rights to the fields than other organizations. Brian indicated that staff does not have the authority to grant such a right and that we would go back and have discussions internally to arrive at a decision on that point. Future Business Relationship • What do the clubs need? • What does the city need? Moving forward, the group discussed various needs of both clubs and the city. Tigard staff clarified that the city's interest is to cover the on-going maintenance of the fields. We acknowledged that the going rate of$10/hour does not have much if any science behind it and that we would like to perform some additional analysis to arrive at a more accurate rate. Yvonne mentioned that for SSC, it would be preferable that they be charged a flat fee for the season rather than an hourly rate, where staff from the city and from SSC would jointly have to keep track of, and agree upon, dates for which SSC actually used the fields. City staff commented that one reason for the hourly rate is to ensure that the clubs are only reserving what they will actually • use. Kibwe and Paul indicated that SSC should be able to provide better actual time slots in the future. Kim commented that TLL has different needs. Specifically, TLL must deal with rainouts. Going with an hourly rate will pose challenges for them in that if they get a rainout and try to reschedule, it could be tough given other organizations being able to reserve the fields. Steve suggested that TLL might consider reserving additional time slots to provide rainout buffers. The group agreed that more discussion is needed on this matter. We had good discussion on the needs of the clubs. Both clubs feel strongly that the Cook Park fields have become their "home turf" and that this is valuable to them, both from a marketing standpoint and in the competitive environment of the soccer and baseball arena. Both clubs are proud of Cook Park and the fact that they helped to bring about the high quality of the fields and associated amenities. The clubs would prefer to have a solution whereby they are allowed to reserve the fields for their full seasons, pay the city a reasonable fee for this, and then have the option of allowing other users to utilize the fields if they do not need them. Kibwe said that because the soccer arena is so competitive,SSC would prefer that their competition not be allowed to use the Cook Park fields. Brian indicated that city staff would not be able to manage that kind of restriction. Kim also noted that TLL has a few competitors out there, specifically The Blast and ASA (both softball-oriented). These are Tigard-based and would fit into the category mentioned in TMC 9.04. Brian asked why many Lake Oswego teams wind up playing a majority of their games at Cook Park. And why should the city allow the LO Soccer Club to have a tournament at Cook? SSC staff explained that there is a lot of cooperation between soccer clubs for field usage. Each soccer club hosts their own tournaments at various times of the year, and when those occur, they will often need fields at other facilities controlled by other clubs. When SSC hosts the Chinook Cup, they will often ask the LO club if they can use some of their fields. In return, SSC may give up some of their field time at Cook when LO hosts a tournament. During league play, especially during the fall Player Development Academy (PDA), run by SSC, there is a lot of invitations to other clubs to participate so many outside-of-the-area teams will play games at Cook. To summarize the city's needs: o We need to cover our maintenance costs. o We need to minimize the complexity of schedule management. o We should be able to earn revenue from time slots not used by the clubs. Thus, the desire to have the clubs pay for what they reserve. Brian asked the clubs if they would be open to meeting separately with city staff so that we can focus on specific needs/issues of each. Both clubs said that would be fine. Before scheduling the next meetings with the clubs, the city will wrestle with the following question: "Based on the funds paid to the city since 1998, should SSC and TLL be granted priority rights to the Cook Park fields than any other Tigard-based, non-profits benefitting Tigard youth?" Staff may need to float this question to the City Council for resolution. T G March 6,2013 City of Tigard Board of Directors Southside Soccer Club PO Box 230169 Tigard, OR 97281 • Board of Directors Tigard Little League PO Box 230359 Tigard, OR 97281 Re: Notice of Termination of Agreement Dear Southside Soccer and Tigard Little League Boards of Directors: This letter is addressed to the respective Boards of Directors of Southside Soccer Club and 'Tigard Little League, as co-successors in-interest to Atfalati Recreation District, Inc. ("ARD"),as to the rights and obligations under the Feb.2, 1998, Agreement between the City of Tigard and ARD, as amended by the First Amendment dated April 22,2003, the Second Amendment dated April 22, 2003 and the Assignment and Third Amendment (undated) (collectively called the "..,:kgreement"). Pursuant to Section 3 of the Assignment and Third Amendment to the Agreement, the City of Tigard (Tigard) hereby notifies Southside Soccer and Tigard Little League of its intent to terminate the Agreement, effective Oct. 1, 2013. Prior to that date, the City intends to continue discussions with bothclubs regarding future field usage arrangements. Sincerely, D. Rager Assistant Public Works Director 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov May 2, 2013 alien . Pubic Works Director 13125 SW Hall Boulevard Thant. OR 9 Re: Tigard Little League and Southside Soccer/Cook Park Dear +8E-. Rager, Tigard Little League("TLL") and Southside Soccer Club ("SSC") are in receipt of your letter dated March 6. 2013("Letter"), whereby the City of Tigard provided written notice to TLL and SSS of the City of Tigard's unilateral intent to terminate that certain Agreement dated February 2, 1998 by and between TLL, SSC and the City of Tigard, as lawfully amended ("Agreement"). Both TLL and SSC were extremely surprised and disappointed to receive the Letter as neither desires a termination of the Agreement. TLL and SSC understand that the City of Tigard believes it has the unilateral authority to terminate the Agreement pursuant to that certain Assignment and Third Amendment dated May 12, 2010. Please be advised that both TLL and SSC do not believe the City of Tigard has the lawful authority to unilaterally terminate the Agreement. Pursuant to the Agreement, SSC and TLL hereby request that the City of Tigard provide the following information: 1. An accounting of the Fund, which account is specifically set forth in the Agreement, including all activities and fees that have been collected or are otherwise due and owing from users, events or otherwise to the City of Tigard related to any activities with respect to the Property from the date of the Agreement to present and any disbursements made from such Fund; 2. The City of Tigard's desired preference for how to compensate TLL and SSC for the equity and ownership interest that TLL and SSC have in the Property should the Agreement terminate, and 3. An accounting of the costs and expenses incurred by the City of Tigard on Cook Park field maintenance from the date of the Agreement to present. TLL and SSC trust you will give this matter your immediate attention and look forward to prompt receipt of the information requested. If any questions arise, please advise. Sincerely, Kin' Kelleher, Tigard Little League President / vonne Sera, Southside Soccer Club President June 3,2013 Tt City of Tigard Kim Kelleher, President Tigard Little League PO Box 230359 Tigard, OR 97281. Yvonne Sera, President Southside Soccer Club PO Box 230169 Tigard, OR 97281 Re: Termination of City Agreement with Tigard little League and Southside Soccer Club Dear..Ms.Kelleher and Ms. Sera: This is in response to your May 2, 2013,letter wherein you raised several questions related to the city's termination of the current agreement with Tigard Little League (ILL) and Southside Soccer Club (SSC). I will respond to each question below. City's Right to Terminate A,gzement A question was raised about the city's right to unilaterally terminate the agreement. Section 3 of the third amendment specifically authorizes any party to withdraw from the agreement upon providing written notice to that effect six months prior to October 1 of each year. That language amends Section 15,which is entitled "Termination." We equate the word "withdraw" to "terminate," as there is no other plausible construct of that term. Accounting of the "Fund" You asked for an accounting of the Fund, as that term is defined in the agreement. The Fund is defined in Section 1 of the original agreement and was intended to be a tool used and maintained by the Atfalati Recreation District (ARD) and its members. ARD was assessing its players a fee to fund its payments to the city. Any excess monies resulting from the players' fees collected by ARD were as to be placed in the Fund. The city and ARD were to determine how these funds might be spent—on the anneal property payments to the city,development,improvements, etc. Section 1 of the second amendment deleted Section 1 of the agreement in its entirety and replaced it with language which contains no reference to the Fund. Therefore,there is no fund to account for. Second,if original Section 1 still existed,it was an ARD (i.e.,II J.and SSC) fund, not a city fund.. 13123 SW Hall Blvd. • Tigard, Oregon 97223 + 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov I. Compensation to TI.1,and SSC: TLL and SSC have asked the city for its "desired preference of how to compensate TLL and SSC for the equity and ownership interest I'LL and SSC have in the Property should the agreement terminate.' The short answer here is that the city has no obligation to provide such compensation because the agreement does not require it. This response is based on one of two possible arguments: 1. New Section 15 per the third amendment) does not require any compensation upon termination as may have been the case under original Section 15;or 2. Even if the third amendment failed to delete the compensation provisions of original Section 15, original Section 15 requires no compensation if,upon termination, "the Property remains available for active recreational use by ARD" (i.e..,TLL and SSC). Because the city intends to make the property available to TU. and SSC for"active recreational use," under the language of original Section 15, "then no remuneration is requited for either party." This makes sense. It is unfortunate that the agreement used terms like "ownership interest"and "equity position." Those terms, looked at in isolation, have created a belief that if the agreement terminates, • u.,and SSC should receive their half interest in the value of the property. But, the agreement does not work that way. Even the original Section 15 clearly contemplates that after ten years of use the agreement can terminate and, that upon such a termination, TL.L and SSC get one of three things: 1. Continued use rights. 2. Equal or better replacement facilities. 3. Half of sale proceeds if the property is sold. The city has chosen the first option. The spirit of the original Section 15 of the agreement was to provide protection and remuneration rights to ARD if use of the fields was taken away within the initial 10-year agreement period. Accounting of City's Costs TLL and SSC have asked for an accounting of the city's field maintenance costs for Cook Park. The agreement makes the city solely responsible for basic maintenance of the park and facilities (agreement, Sections 2 and 7). These activities are not funded through TLL's or SSC's payments under the agreement. Accordingly, the city has no obligation to account for these activities. Previously we discussed—with both TLL and SSC—the fact that our current maintenance management software is not set up to track the work that is performed in our parks. Our new software, currently in the process of implementation,will certainly do that for us. We can only provide a ballpark estimate of how much of the Parks Division budget is attributed to Cook Park annually by using a proportion based on manpower assigned to that park. Using that proportion, roughly 31 percent, or approximately$525,000,of the Parks Division budget, is earmarked for the maintenance and operation of Cook Park. Next Steps I hope this letter has adequately addressed the questions raised in your letter. I also want to reiterate our desire to continue further discussions with both TLL and SSC as to how we conduct business together in the future. I am holding off on scheduling another meeting with you until I have my discussion with council on June 18. At that meeting,I will ask council to address the fundamental policy question we talked about at our last meeting: Does council wish to give preference to SSC and TLL above other Tigard-based,non-profits benefitting Tigard youth? The answer to that question will help guide our future discussions. If you have questions prior to my June 18 meeting with council, please do not hesitate to contact me at 503.718.2471 or e-mail me at brianr@tirard-or,gov. Sincerely, Tian D. Raker Assistant Public Works Director c: Marty Wine, City Manager City Council Dennis Koellermeier,Public Works Director Steve Martin, Public Works Manager Greer Gaston, Confidential Office Manager Kim Kelleher Speech to City Council June 11, 2013 My name is Kim Kelleher and I am the current President of Tigard Little League. I am here tonight because I know that at next Tuesday's working session meeting, you will be asked to decide whether Tigard LL and Southside Soccer should be considered different than other Tigard non-profit organizations when it comes to scheduling priority and financial considerations regarding Cook Park fields. Last October, I realized that the final payment in a 15 year agreement with the city would be taking place during my Presidency-I contacted the city to find out what would happen next and we began a series of meetings between the city and TLL/SSC. In February, Mr Brian Rager announced the city's intention to terminate the agreement that has been in place since 1998 and that he expected TLL and SSC to begin paying for fields at the$10/hour rate as well as have the same priority as other Tigard non-profits per municipal code. Southside representatives and I expressed grave concern over this and made Mr. Rager aware that we felt that we should be viewed differently than other groups given the fact that, through our agreement, we have paid more than $500,000 to jointly purchase and develop, in partnership with the city, the East side of Cook Park. Mr. Rager seemed surprised that we thought we should be declared different and informed us that a decision like that needed to be made at a level higher than himself. I understand that the public does not have a forum in which to speak at a working session meeting so I am here today to make you aware of our interest in this subject and to provide you with a set of materials in case you do not already have them. Based on our meetings with city staff as well as discussions with people involved in the original agreement(Dave Nicoli, City Manager Bill Monahan, Public Works Director Ed Wegner and others), we believe that city staffs interpretation of the 1998 agreement, its intent and what was intended to happen at the end of the payment schedule is far different than ours. Mr. Rager has stated that the agreement is cumbersome and filled with things that are not being followed -the fact that it seemed to work fine while the payment schedule was ongoing, but now needs to be terminated as the final payment looms this October, seems a little more than coincidental. I am asking that you read the documents for yourselves and reach out to the people involved in the original agreement before you make any decisions. I would like to give special recognition to Bill Monahan who was City Manager at the time of the original agreement-he is here tonight to show his willingness to meet with the Council members at any time to answer questions about the agreement, its intent and what was intended to happen at the end of the payment schedule. In summary, I believe that the City of Tigard and TLUSSC came together in a very unique way to create a "community alliance"with the purpose of providing fields and recreational opportunities for Tigard's children. I very much hope that we, the people at the helm of our respective organizations today,will continue that legacy for the foreseeable future. At this time,could I ask anyone present for this purpose to please stand? Thank you very much for your time. Discussion Points • A"community alliance"was formed back in 1998 between the City of Tigard and TLL/SSC- it has been in place for 15 years and coincidentally it is being terminated at the same time that the 15-year payment schedule is ending. Why terminate now? • Our two non-profit organizations will have put in over$500,000 since 1998-if we are going to pay an hourly rate and have the same priority scheduling as organizations like Tigard Lacrosse, why did we do this? • The City of Tigard does not have a recreation department that runs youth sports programs-TLL/SSC are the two largest providers of those services to the citizens of Tigard. • The more than$500,000 that the clubs have invested over the past 15 years was not for field rental/use- it was the agreed share of the original purchase price of the land,the development of the land and the building of the concessions and bathroom buildings. In essence, we signed on to pay a mortgage. The provisions of the agreement provided the clubs full access to the fields during their regular seasons and the agreement was to be reviewed every 10 years. It makes sense that, after paying off the mortgage, we would be responsible for some portion of Cook Park fields maintenance costs, but it does not necessarily make sense to pay rent on something that we helped to purchase. • Both clubs have invested time and energy into the fields well past the development stage- SSC has provided the soccer goals that are used by any entity that uses those fields through the year, and TLL provides all the chalk, turface and mound clay, as well as additional contracted field maintenance every year. We have paid for these items on top of the annual payments-we've done this because we see this as a partnership. • In speaking with people involved in the original agreement, it seems that without TLL/SSC's involvement, the city would likely not have been able to purchase the land due to a lack of shared vision between the owners, Bob Gray and Charles Lamb, and the city. In addition, I believe that our involvement allowed the city to be eligible for and receive at least$250,000 of state parks grant money that otherwise would not have been possible. • In his letter dated 6/3/2013, Mr. Rager stated that"it is unfortunate that the agreement used terms like 'ownership interest' and 'equity position' as, looked at in isolation, they have created a belief that if the agreement terminates, TLL and SSC should receive their half interest in the value of the property." A lot of very smart people from both the clubs and the city staff spent countless hours on making an agreement that was drawn up by an attorney happen-to suggest that any of the wording was "unfortunate" not only seems disrespectful, but also seems to be an attempt to rewrite history. • When Mr. Rager was asked what he, personally, thought the answer should be to the question of"Should TLL/SSC be different than other organizations?", he stated that he felt we had been"faithful tenants". City staffs interpretation and our interpretation of the original agreement seem to differ vastly. We are concerned that City Council get the opportunity to hear from more than just city staff when making this decision. j_12 `�' ��'" SUPPLEMENTAL PACKET Va stce,K. FOR (. / o i 3 MSNBC (DATE OF MEETING) Walmart files restraining order against protesting labor groups Ned Resnikoff, @resnikoff 1:16 PM on 06/05/2013 This week, labor activists from around the country are converging on Bentonville, Ark. in an attempt to disrupt Walmart's annual shareholder meeting and draw attention to the plight of striking Walmart employees. But if those protesters decide to enter any Walmarts in Arkansas, they'd better be planning on buying something; thanks to a ruling by the state's Benton County Circuit Court, members of the labor group OUR Walmart and the labor union UFCW (United Food and Commercial Workers) are forbidden from doing anything on Walmart property other than shopping. Striking Walmart employees will still be allowed to picket under the terms of the restraining order [PDF] approved by Judge John Scott on Monday. But OUR Walmart, UFCW, and "all other persons or entities who act in concert with them" are prohibited from joining the workers. While the order doesn't get more specific than that, such a broad classification could include national coalition partners such as American Rights At Work (ARAW), local grassroots organizations, laid-off Walmart employees, and employees of Walmart contractors. "It's very disconcerting that they're tacking this tack," said ARAW research director Erin Johansson. 'We've covered a lot of companies who have tried to silence their employees when standing up, and I've never seen them go after community leaders this way." Johansson is the author of an ARAW report, issued last month, which claims that Walmart has attempted to "curb freedom of speech and assembly" through the systematic use of trespass lawsuits against protesters. Groups like UFCW, OUR Walmart and state-level affiliates of the Jobs with Justice coalition have been the target of such lawsuits, while former employees have received written trespassing warnings and been handcuffed. Walmart spokesperson Kory Lundberg said that the company filed a restraining order because employees were concerned about possible disruptions to their work. "We did this as a way to stand up for the rights of our associates and customers, and our very own property rights," he said. Stressing Walmart's position that OUR Walmart and UFCW had illegally trespassed in the past, he added, "No reasonable person would say it's okay to walk into a business and frighten customers." Even if every group in the anti-Walmart campaign fully complies with the restraining order, they company's shareholders' meeting is unlikely to pass by without any disruption. The main event will occur this Friday at the University of Arkansas, which is not covered by the ruling. Johansson confirmed that ARAW executive director Sarita Gupta was in Arkansas for the event, and that the group was "going to proceed with something, some kind of public demonstration." UFCW's Making Change at Walmart campaign even raised money to fly two Bangladeshi factory workers into Arkansas, where they will protest conditions at the manufacturing plants which make Walmart products. While they are expected to join demonstrations at the shareholders' meeting, they are barred from protesting on Walmart property due to their status as contract workers not directly employed by the company. WALL STREET JOURNAL May 28, 2013, 4:54 p.m. ET Wal-Mart Pleads Guilty in Environmental Cases; To Pay More than $81 Million By Ben Fox Rubin Wal-Mart Stores Inc. (WMT) pleaded guilty and agreed to pay more than $81 million in criminal and other fines for violating environmental regulations by illegally handling and dumping hazardous waste at its retail stores across the U.S., the Justice Department said. Results from the three criminal cases brought by the Justice Department, as well as a related civil case filed by the Environmental Protection Agency, come after previous claims brought by the states of California and Missouri for the same conduct. According to documents filed in U.S. District Court in San Francisco, Wal-Mart, the world's largest retailer, didn't have a program in place and failed to train its employees on proper hazardous-waste management and disposal practices at the store level, the Justice Department said. As a result, hazardous wastes were either discarded improperly at the store level-- including being put into municipal trash bins or poured into the local sewer system--or they were improperly transported without proper safety documentation. Wal-Mart pleaded guilty Tuesday morning in San Francisco to six misdemeanor counts of negligently violating the Clean Water Act. The six criminal charges were filed by the U.S. Attorney's Office in Los Angeles and San Francisco. In the third criminal case resolved Tuesday, Wal-Mart pleaded guilty in the Western District of Missouri to violating the Federal Insecticide, Fungicide and Rodenticide Act, or FIFRA, by failing to properly handle pesticides. In addition to the penalties, Wal-Mart is required to implement a comprehensive, nationwide environmental compliance agreement to manage hazardous waste generated at its stores, the Justice Department said. Wal-Mart said Tuesday the incidents the charges stemmed from occurred years ago and have already been remedied. Since the California and Missouri state cases, Wal-Mart said it designed and implemented comprehensive environmental programs that remain in place. "We are pleased that this resolves all of these issues raised by the government," said Phyllis Harris, senior vice president and chief compliance officer at Wal-Mart U.S. The company said the payments won't impact the company's results of operations for the second quarter, and won't be material to the company's financial position. Shares closed Tuesday at $77.32 and were unchanged after hours. Write to Ben Fox Rubin at ben.rubin @dowjones.com FORBES OP/ED Rick Ungar, Contributor 6/03/2013 @ 11:28AM 253,495 views California To Wal-Mart: Enough! No More Taxpayer Subsidized Profits For You For years, Wal-Mart—and other large retail operators—have been piling up huge profits by controlling their labor costs through paying employees sub-poverty level wages. As a result, it has long been left to the taxpayer to provide healthcare and other subsidized benefits to the many Wal-Mart employees who are dependent on Medicaid, food stamp programs and subsidized housing in order to keep their families from going under. With Medicaid eligibility about to be expanded in some 30 states, as a result of the Affordable Care Act, Wal-Mart has responded by cutting employee hours—and thereby wages—even further in order to push more of their workers into state Medicaid programs and increase Wal- Mart profits. Good news for Wal-Mart shareholders and senior management earning the big bucks—not so good for the taxpayers who will now be expected to contribute even larger amounts of money to subsidize Wal-Mart's burgeoning profits. But, at long last and in a move gaining popularity around the nation, the State of California is attempting to say `enough' to Wal-Mart and the other large retailers who are looking to the taxpayers to take on the responsibility for the company's employees—a responsibility Wal-Mart has long refused to accept. It's about time. Legislation is now making its way through the California legislature—with the support of consumer groups, unions and, interestingly, physicians—that would levy a fine of up to $6,000 on employers like Wal-Mart for every full-time employee that ends up on the state's Medi-Cal program—the California incarnation of Medicaid. The amount of the fine is no coincidence. A report released last week by the Democratic staff of the U.S. House Committee on Education and the Workforce, estimates that the cost of Wal-Mart's failure to adequately pay its employees could total about $5,815 per employee each and every year of employment. "Accurate and timely data on Wal-Mart's wage and employment practices is not always readily available. However, occasional releases of demographic data from public assistance programs can provide useful windows into the scope of taxpayer subsidization of Wal-Mart. After analyzing data released by Wisconsin's Medicaid program, the Democratic staff of the U.S. House Committee on Education and the Workforce estimates that a single 300- person Wal- Mart Supercenter store in Wisconsin likely costs taxpayers at least $904,542 per year and could cost taxpayers up to $1,744,590 per year –about$5,815 per employee." Says Sonya Schwartz, program director at the National Academy for State Academy for State Health Policy, "There are concerns that employers will be gaming this new system and taking less and less responsibility for their workers. This may make employers think twice." Of course, the California Retailers Association, where Wal-Mart Stores WMT -0.66%, Inc. is listed as a board member company, is not quite so pleased with the legislation. According to Bill Dombrowski, chief executive of the Association, "It's one of the worst job-killer bills I've seen in my 20 years in Sacramento, and that says a lot. The unions are fixated on Wal-Mart, but that's ti not the issue here. It's a monster project to implement the Affordable Care Act, and having this thrown on top is not helpful." One wonders if we will ever see the day when Americans will stop falling for the hostage-taking narrative consistently put forward by those whose job it is to defend the indefensible. At the first suggestion of finally putting a chink in Wal-Mart's policy of profiting at the taxpayers' expense— a practice that should have every American thinking about what passes for free-enterprise in the United States today—the response is to always threaten to take away jobs if we dare to challenge their business practices, even if those practices cost us billions. While the unions may, indeed, be "fixated" on Wal-Mart, it is hard to miss the fact that Mr. Dombrowski did not even attempt to explain why it is acceptable policy for taxpayers to continue subsidizing Wal-Mart's ever expanding profits. Nor does Dombrowski attempt to deal with the fact that, according to aLos Angeles Times report, an additional 130,000 people working for large and profitable firms will go onto California's Medi-Cal rolls over the next few years, bringing the total number of Medicaid recipients in the Golden State who are employed by large companies to just under 400,000 people. Note that these are not people who rely on `government handouts' because they do not wish to work. Rather, these are people who show up to do their jobs for as many hours a week as their employer will permit them to work. Interestingly, the federal law imposes a penalty on companies with more than 50 employees who do not provide health insurance to an employee working over 30 hours per week. The feds also penalize a company when its workers buy their own healthcare coverage on an exchange and receives a government subsidy to do so. However, there is no penalty imposed by the federal government on a company when a company's workers become eligible for Medicaid. Think that this `oversight' had anything to do with Wal-Mart's early support of the Affordable Care Act? The result is that companies like Wal-Mart are actually encouraged by the federal policy to pay their workers even smaller sums without providing healthcare benefits so that even more of their workers will qualify for Medicaid. What I always find fascinating is that the very people who are so critical of the subsidies provided by Obamacare to lower-earning Americans (how many times have these people reminded us that"someone is paying for these subsidies") never seem to have much of a problem with the subsidies we pay to support Wal-Mart's massive profits by picking up the healthcare tab for so many of the company's employees. But then, those who support taxpayers doing the job that Wal-Mart should be doing tend to be the same folks who are quick to suggest that nobody is forcing workers to take a job at Wal-Mart. Apparently, these people are operating under the opinion that a Wal-Mart worker earning below the federal poverty level wouldn't readily move to a better paying job if such a job were available to that worker. The good news is that the proposed California legislation has a very good chance of becoming law. While the proposed legislation will require a 2/3 vote in both the Senate and Assembly, Democrats currently have supermajorities in both legislative bodies in the state. Let's hope that California gets this done and other states are quick to follow California's lead. This is legislative action whose time is long overdue. Contact Rick at thepolicypage @gmail.com and follow me on Twitter and Facebook. 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School a$ Open space "Study Area Boundary rr r Proposed Greenbelt Concept 4141 ,,, ik ..! , ,a „..% (_ ,. , e.„.,, & 4 AJ Alternate Route /V Future Trail Connection City of Tigard o 400 eoo 1200 Feat ot.fPedestrian Bridge 0 13125 SW Hall Blvd. 1•=900 feel Proposed Plaza Areas Tigard,OR 97223 map derived be het rep several date-sources.any arras ® Greenbelt Concept Cry an net M held responsible for.try rrrs. (503)639-4171 ,th •fore ere re no frt inproduct. Greenbelt(private ownership) •Greenbelt consists of land found in the --------- 101),•floorpleln and wetland areastherefore th •I Orouunnity'11r,ekap ntettl • PIIRIerI or, htar rill_'1'1'1 IMa41)J ZOO( AIS-1350 3. A. Business Meeting Meeting Date: 06/11/2013 Length (in minutes): Consent Item Agenda Title: Receive and File: Council Calendar and Council Tentative Agenda Submitted By: Carol Krager,City Management Item Type: Receive and File Meeting Type: Consent-Receive and File Public Hearing: No Publication Date: Information ISSUE Receive and file the Council Calendar and the Tentative Agenda for future Council meetings. STAFF RECOMMENDATION/ACTION REQUEST No action requested;this is a receive and file summary for information purposes. KEY FACTS AND INFORMATION SUMMARY Attached are the Council Calendar and the Tentative agenda for future Council meetings. OTHER ALTERNATIVES N/A COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS Long-Term Council Goals: Continue pursuing opportunities to reduce traffic congestion. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A-Receive and File Items Attachments Council Calendar Tentative Agenda • Agenda Item No. For Agenda of June 11,2013 C • MEMORANDUM TIGARD TO: Honorable Mayor&City Council/City Center Development Agency Board FROM: Cathy Wheatley,City Recorder RE: Three-Month Council/CCDA Meeting Calendar DATE: June 4,2013 June 4 Tuesday City Center Development Agency–6:30 p.m.,Red Rock Creek Conference Room 11* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 18* Tuesday Council Workshop Meeting–6:30 p.m.,Town Hall 25* Tuesday Council Business Meeting–6:30 p.m.,Town Hall July 2 Tuesday City Center Development Agency–6:30 p.m.,Red Rock Creek Conference Room 4 Thursday Independence Day Holiday–City Hall offices closed 9* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 16* Tuesday Council Workshop Meeting–6:30 p.m.,Town Hall 23* Tuesday Council Business Meeting–6:30 p.m.,Town Hall August 6 Tuesday National Night Out(City Center Development Agency Meeting Cancelled) 13* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 20* Tuesday Council Workshop Meeting-6:30 p.m.,Town Hall 27* Tuesday Council Business Meeting-6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk(*). I:\adm\city council\council calendar\3-month calendar for c mtg 130611.doc Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 6/3/2013 11:44 AM- Updated Form Meeting Submitted Meeting Title Department Inbox or # Date By Type „Finalized 1127 106/11/2013 Carol Krager IAAA June 11, 2013 City Council Business Meeting I t ._.. _._.._..��_..- .____ II 1318 06/11/2013 Cathy ACCSTUDY 20 Minutes - Follow Up Discussion from April 30, City Management MartyW, City I Wheatley 2013 Town Hall - Wal-Mart Project Manager 1344 06/11/2013 Cathy ACCSTUDY 25 Minutes - Discussion of Council Travel Policy and City Management 06/03/2013 I Wheatley Travel Budget otal 45 ofillikiputes have �. II 1304 06/11/2013 Joseph ACONSENT Consent Item - Contract Award - Fanno Creek House Financial and 06/03/2013 I Barrett Site Improvements Information Services 1337 06/11/2013 Cathy ACONSENT Consent Item - Approve Resolution Amending City Management 06/03/2013 Wheatley Resolution 10-36 and Setting City Council and Mayor Compensation 1350 06/11/2013 Carol Krager ACONSENT Consent Item - Receive and File: Council Calendar City Management 05/30/2013 I and Council Tentative Agenda 1351 06/11/2013 Carol Krager ACONSENT Consent Item - Approve City Council Meeting City Management 05/30/2013 I Minutes I II 1213 06/11/2013 Cathy ''CCBSNS 1 15 Minutes - State of the Tualatin Valley Fire Administrative 06/03/2013 I Wheatley District Presentation - Chief Mike Duyck Services 1223 06/11/2013 Liz Lutz CCBSNS 2 5 Minutes - Resolution Certifying that the City of Financial and MartyW, City Tigard Provides Services Qualifying for State-Shared Information Services Manager Revenues 1224 06/11/2013 Liz Lutz CCBSNS 3 5 Minutes - Resolution Declaring the City's FIS 06/03/2013 I Election to Receive State Revenue Sharing 11 Page is\adm\carol\tentatv ag\2013\june 3 2013.docx Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 6/3/2013 11:44 AM - Updated 1225 06/11/2013 Liz Lutz CCBSNS 4 10 Minutes - Resolution Adopting Citywide Master Fees Financial and 06/03/2013 and Charges Schedule replacing Res 12-22 and All Information Services Subsequent Amendments to Date 1226 06/11/2013 Liz Lutz CCBSNS 5 15 Minutes - Public Hearing-Adopting the Budget, Financial and 06/03/2013 Making Appropriations, Declaring the Ad Valorem Tax Information Services Levy, and Classifying the Levy As Provided 1227 06/11/2013 Liz Lutz CCBSNS 6 5 Minutes - Public Hearing-Adopting City Center Financial and 06/03/2013 Development Agency FY 2013-2014 Budget, Making Information Services Appropriations, Imposing and Categorizing Taxes [1283 06/11/2013 ] Floyd CCBSNS 7 25 Minutes - Briefing on Parks Zone Project Corn Development 06/03/2013 1284 06/11/2013 Tom CCBSNS 8 15 Minutes - Briefing on Upcoming Development Code Community 06/03/2013 I McGuire Update Projects Development F Il 1128 06/18/2013 Carol Krager IAAA dune 18, 2013 City Council Workshop Meeting f 11 1287 06/18/2013 Greer CCWKSHOP 1 20 Minutes - Briefing on the City's Continuity of Public Works Lueck M, I Gaston Operations Plan (COOP) 1303 06/18/2013 Kristie CCWKSHOP 2 15 Minutes - New Washington County Emergency Public Works Gaston G, Conf I Peerman Management Cooperative Agreement Executive Asst 1340 06/18/2013 C Wheatley CCWKSHOP 3 20 Minutes - Legislative Report from Joel Rubin, CFM City Management Newton L, I (Schedule between 7-8 p.m. for Joel's schedule) 1273 06/18/2013 Kristie CCWKSHOP4 90 Minutes - Discuss Naming Policy, Park Reservation Public Works Rager B, Asst. PW Peerman Preferences, Agreement with SSC and TTL, Park Bond Director Status 1346 06/18/2013 T LaFrance CCWKSHOP 5 35 Minutes - Executive Session on Potential Litigation - FIS 05/29/2013 I CCDA/City Council 2 I Page is\adm\carol\tentatv ag\2013\june 3 2013.docx Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 6/3/2013 11:44 AM- Updated I I 1129 06/25/2013 Carol Krager AAA June 25, 2013 City Council Business Meeting - Mayor Cook Absent I II 1306 06/25/2013 Steve Martin ACCSTUDY 30 Minutes - Executive Session - Real Property (Park Public Works 05/20/2013 Bond) Total Time: 30 of 45 minutes have been scheduled r — 11 1288 06/25/2013 Greer ACONSENT Consent Item - Consider a Resolution Adopting the Public Works Gaston G, Conf I Gaston City's Continuity of Operations Plan (COOP) Executive Asst 1329 06/25/2013 Steve Martin ACONSENT Consent Item - Acceptance of the Quail Hollow Tract Public Works Martin S, Parks I S Open Space Donation Manager I II 1343 06/25/2013 Cathy CCBSNS 1 15 Minutes - Update by Tualatin Riverkeepers-Environ- Administrative Wheatley mental Education Program-Dirksen Nature Park Services 1282 06/25/2013 Kent Wyatt CCBSNS 2 20 Minutes - Public Hearing - Consider an City Management Wyatt K, Ordinance Amending the Tigard Municipal Code to Management Authorize Social Gaming Analyst 1260 06/25/2013 Judith Gray CCBSNS 3 30 Minutes - Update on Initial Recommendation Community Gray J, Sr from Southwest Corridor Plan Steering Committee Development Transportation Planner Total Time: 65 of 100 minutes have been scheduled I .— -- , - ----- __. II 1335 07/02/2013 Carol Krager AAA July 2, 2013 City Center Development Agency Meeting - Councilor Snider absent - As of June 3 - nothing scheduled I_ II 3IPage is\adm\carol\tentatv ag\2013\june 3 2013.docx Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full . Workshop Meeting ❑ City Council Tentative Agenda 6/3/2013 11:44 AM - Updated 1334 107/09/2013 ICarol Krager AAA July 9, 2013 City Council Business Meeting I 1349 07/09/2013 S Zodrow ACCSTUDY 20 Minutes - Executive Session - Labor Relations City Management 05/29/2013 II Total Time: 20 of 45 minutes have been scheduled 1295 07/09/2013 Cheryl _ ACONSENT Consent Item - Citizen Advisory Committee - Tigard Community Caines C, Assoc I Caines Triangle Strategic Plan Development Planner 1296 07/09/2013 Cheryl ACONSENT Consent Item - Appoint Members of Tigard Triangle �Community Caines C, Assoc I Caines Citizen Advisory Committee Development Planner 1342 07/09/2013 Joanne ACONSENT Consent Item - Neighborhood Involvement City Management 06/03/2013 Bengtson Committee Revised Bylaws it 1169 07/09/2013 Kristie CCBSNS 10 Minutes - Adopt a Resolution of Necessity to Public Works Berry G, Project Peerman Acquire Property for Derry Dell Creek Culvert Engineer Replacement Project Total Time: 10 of 100 minutes have been scheduled I — II 1308 07/16/2013 Carol Krager AAA July 16, 2013 Workshop Meeting - Mayor Cook Absent I �. _—_ _-- - it 1085 07/16/2013 Greer CCWKSHOP 30 Minutes - Review Draft Sustainability Plan Public Works Wright, M., PW _I Gaston Business Manager 1290 07/16/2013 John CCWKSHOP 60 Minutes - Future Water Supply Opportunities Public Works Gaston G, Conf I Goodrich Executive Asst 1302 07/16/2013 Judith Gray CCWKSHOP45 Minutes - Southwest Corridor Plan -- Update Corn Development_ Gray J, I Total Time: 135 of 180 minutes have been scheduled 4 I 1' a g c is\adm\carol\tentatv ag\2013\june 3 2013.docx 1 Meeting Banner ❑ Business Meeting ❑ Study Session ❑ Special Meeting ❑ Consent Agenda ❑ Meeting is Full I Workshop Meeting ❑ City Council Tentative Agenda 6/3/2013 11:44 AM- Updated 1309 07/23/2013 Carol Krager AAA July 23, 2013 City Council Business Meeting I As of June 3, 2013 - nothing scheduled I _ ______. ____.__ 1I 1310 08/06/2013 Carol Krager ''AAA August 6, 2013 City Center Development Agency Meeting I CANCELLED DUE TO NATIONAL NIGHT OUT 1 ,1l 1311 08/13/2013 Carol Krager AAA August 13, 2013 City Council Business Meeting - Mayor Cook Absent - As of June 3, 2013, nothing scheduled for study session or the consent agenda. I -- — - II 1300 08/13/2013 S Farrelly CCBSNS CCDA - 10 Minutes - Main Street Gateway Public Art 'ComDevelopment Farrelly S I Update Total Time: 10 of 100 minutes have been scheduled I -. 11 1312 08/20/2013 Carol Krager AAA August 20, 2013 City Council Workshop Meeting - I Mayor Cook Absent I 1I 1237 08/20/2013 G Gaston CCWKSHOP 15 Minutes - Briefing on Capital Improvement Plan Public Works Stone Mike, I Projects 1347 08/20/2013 G Gaston CCWKSHOP 10 Minutes - Briefing on Dispersing LID No. 1 Public Works Stone Mike, I 1352 08/20/2013 Kristie CCWKSHOP 30 Minutes - Briefing on Alignment Options for the Public Works Stone Mike, City I Peerman Tiedeman Ave./North Dakota St. Intersection Engineer Total Time: 55 of 180 minutes have been scheduled I 11 1313 08/27/2013 Carol Krager AAA August 27, 2013 City Council Business Meeting - I Councilor Snider absent 5IPage is\adm\carol\tentatv ag\2013\june 3 2013.docx AIS-1337 3. B. Business Meeting Meeting Date: 06/11/2013 Length (in minutes): Consent Item Agenda Title: Approve Resolution Amending Resolution 10-36 and Setting City Council and Mayor Compensation Prepared For: . Liz Newton Submitted By: Cathy Wheatley, Administrative Services Motion Requested Item Type: Resolution Meeting Type: Consent Agenda Public Hearing Newspaper Legal Ad Required?: No Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council pass a resolution establishing Mayor and Council compensation which supersedes Resolution No 10-36? STAFF RECOMMENDATION/ACTION REQUEST Staff recommends passage of resolution KEY FACTS AND INFORMATION SUMMARY During public Budget Committee meetings held on April 22,29,and May 6,2013,the Budget Committee discussed and approved an update to the compensation to Mayor and Council. Key factors considered in the decision include: • Mayor and Council compensation is supposed to be addressed annually per City Charter and Tigard Municipal Code. •Mayor compensation has not been updated since 2008. • Council compensation has not been updated since 1999. •During this period,non-represented staff has received a cost of living adjustment in most years. •The cost of local travel and fuel has increased significantly during this period. • Since city staff are eligible for city-paid technology for city business,such as city cell phones or cell phone stipends,should Council and the Mayor also be eligible? The decision of the Budget Committee was to grant a stipend increase for Mayor and Council commensurate with non-represented staff COLA,provide an automobile allowance,and provide city-paid technology for city business. OTHER ALTERNATIVES Do not pass the resolution and maintain current compensation for Mayor and Council. COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS DATES OF PREVIOUS CONSIDERATION April 22,29,and May 6 2013 during Budget Committee public meetings. • Attachments Resolution AIS-1304 . C. Business Meeting Meeting Date: 06/11/2013 Length(in minutes): Consent Item Agenda Title: Contract Award-Fanno Creek House Site Improvements Prepared For: Joseph Barrett Submitted By: Joseph Barrett,Financial and Information Services Consent Item Type: Motion Requested Meeting Type: Agenda-LCRB Public Hearing Newspaper Legal Ad Requited?: No Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for construction of the Fanno Creek House Site Improvements project to Casserly Landscape,Inc.? STAFF RECOMMENDATION/ACTION REQUEST Staff recommends the Local Contract Review Board award the contract for the construction of the Fanno Creek House Site Improvements project to Casserly Landscape,Inc.in the amount of$135,000 and authorize the City Manager to carry out all necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The city is set to begin the second phase of improvements to the Fanno Creek House. Phase 1 consisted of remodeling the house during fiscal year 2010-2011. Phase 2 includes landscaping upgrades,parking enhancements,and riparian area improvements. The project was presented to the Parks and Recreation Advisory Board(PRAB) and that Board's approval. The city issued an Invitation to bid for the second phase improvements on April 24,2013. A mandatory pre-bid walk-through was held on May 2,2013, at the project site.This afforded prospective bidders and the city's project team an opportunity to clarify segments of the work and familiarize the contractors with the site layout. The Invitation to Bid closed on May 14th and the city received bids from four(4) firms: IContractor ll Bid ICasserly Landscape 1$135,000 IColumbia Cascade Construction II$144,900 (Crown Landscape I$151,131 IDesantis Landscape l$157,848 Engineer's Estimate - ,$'134,000 Staff has reviewed the bids and determined that Casserly Landscape has submitted the lowest responsible bid. Casserly is not on the Bureau of Labor and Industries ineligible list and had the proper bonding with the State's Contractor's Construction Board (CCB) for this project. Staff recommends the contract for the Fanno Creek House Site Improvements(Phase 2)construction project be awarded to Casserly Landscape for$135,000. OTHER ALTERNATIVES The Local Contract Review Board may decide to not award this contract and direct staff to conduct a new solicitation. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time this contract award has been before the Local Contract Review Board. AIS-1213 4. Business Meeting Meeting Date: 06/11/2013 Length (in minutes): 15 Minutes Agenda Title: State of the Tualatin Valley Fire District Presentation-Chief Mike Duyck Submitted By: Cathy Wheatley,Administrative Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting-Main Public Hearing: No Publication Date: Information ISSUE Tualatin Valley Fire and Rescue (TVF&R) District Chief Mike Duyck is scheduled to give a"State of the Fire District Presentation." STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY TVF&R Chief Duyck will present information on current and planned activities of the fire district. OTHER ALTERNATIVES N/A COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A ligPa‘i EtiwrYL dii PACKET OR SU / (DAPLE TE OF ME AL NG) ,,, 1g ETIPAC .,. +2,., t .. 4. Tv 7 j .." Tualatin Val%1'' , .\\‘ ley \ � V • r� Fire & Rescue \ . ,: � ProudlyServing Tigard ,,kA -)11. . -, ,. M% I. e Mike Duyck ... Fire Chief About Us `� TCombination Department Tualatin Valley Fire&Rescue - raini ion Cover2loSquare Miles . �tK Stations as Fire Stations with 7� Community Rooms iii 21 Stations th Plains v Q NonhOperating District nCentral Operating District Q South Operating District ,,,...04...,•. 1 rY Three Operating Centers - 1 • County, = a.t•� North (Aloha, Beaverton) Millsboro el to . j •• • n .y' • Central (Tigard, King City, Sherwood) , • South (DC Sherrard) Beava a o ceex Milwaukee 'rlappl Integrated Operations Tigard ) King Citx ake Oswego Johnson City • Front Line, Fire Prevention, Public c - e LinnGladstre Affairs, etc. 1 /ualati SOCJ_--~ .. / Sherwood / Training "') _.regon City Newberg _ Wiiso ville __,....5-1- ^I ee Canby Tigard Calls for Service Number of calls for service in Tigard over the last 12 months: 4,642 271 94 404011O391 EMS (Medical) 3'886 ■ Fire itz Other/Public Assist • Misc Hazards r Em n e e c Medical Past 12 Months : District-wide Tigard 82% 84% Medical Medical • 1 t FV Md Top Medical Dispatch Types 900 l FALL I 2012 Top Medical Dispatch Types CHEST PAIN patient contact by TVFR excludes"sick person" 800 _ BREATHING PROBLEM UNCONCIOUS TRAUMA 700 " SEIZURE MOTOR VEHICLE CRASH-Injury I 600 - 500 - 400 - 300 - 200 100 - 0 AgeO-14 Age15.29 Age30-49 Age50-69 Age70-84 AgeaS-Over Healthcare Innovation Needed A Growing Health and Social Services "Safety Net" "Safety 91 I nori-em, pr°ble b'encies As too"non ka,ver Neal fiyagiercease cos Pe reCeiVed Firefighters find themselves on front lines of health care crisis IAN trle/rerA heart snacks,diabetic sores,epi- that fire departments across the Washington's fire department The shift in firefighters'du- `Q""^u TM revs sraMQ leptic seizures and people corn• cotmtry are facing as firefighters, is dispatched along with Finer• ties,with has been occurring WASHINGTON — Peeling plainingof shortness of breath. much like emergency mom doc- gmcy Medial Sersices to abreast for deoldes,is not without its off his latex gloves after treat- "I joined the force to bat• tors,are increasingly serving as all emergency calls in the belief yliiekkedepsatttlepts.Act- ing a 4-year-old boy having tie blazes,not to be an met- primary care providers. that it can provide the quickest n1.0111111101Mifittfllaktion a severe asthma attack. I.R. gency room doctor:Muyleart, About S0 percent of the calls response. ttdeetod ttttti0ol- Mu yieart sighed with a touch of 35,said;she and the rest of En- handled by Engine Co. 10 are Ina recent 24-hour shift.En- of/have led to a drop Where- frustration. �0 drove bade to their medical because gine CA. 10 took three cads in- quency of fires. It was 3 am.and in the past which for most of the the firehouse serves one of the vowing asthma attacks, five Some cities have questioned 24-hour shift.Muyieart,a fire- past 15 years has been the bust• city's poorest areas,where few from people with chest pains or the cost of dispatching fate en- fighter.had responded tor least est in the country,according to residents have health insurance, shortness of two from as- glees to medical emergencies, one emergency call per hour.But industry surveys. doctors'checkups are rate,and sault victims and six about un- but most have determined that it only two of those calls were f o r Among the hidden costs of the medical p r o b l e m s are l e ft totes- conscious people lying on the broo rlsky not to allays send the fires;most of the others Involved health care crisis is the burden ter until someone dials 9-1.1. sidewalk. closest emergency personnel. • Healthcare Reform . . . 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Medicaid ��csliCKtzh•• --- t�r0��a katu•corn/po Triple Aim: ,,,, „ ilk John Kit pa"- o f v'�S ai° mr More recognition receive neH 'a�'M.; "Protut ex;Ze an 11 race vatic �uu; maw care`� �` lead national ,ents Better health. �_� skit care °m/vt WkH `°ti's iron And 0 Better care. .,, ,,, ith.a.nil we 410dicaid Melnir litat 0 Lower costs. �4e the �s * w.iahh.orcgongcv Allocating Resources Effectively TVF& R CARS • Single Person Unit • Staffed with a Paramedic • 4 days/week; so hours/shift - - - TIgardCAR5o _ AMEN ummon responded to 57o calls ; :, i n Zo12 . _ , Updating Our Infrastructure Station 5o _ Station 53 r4 L . .� ... i 1 ,. "irtVilill i MUM i ,....._ , } +tar ■ t Command & Business Center Station 51 Safer Communities 2012 2012 Inspections : Investigations : 411 39 , . . .. 1 as TIT R `��Ut �� %i ::' . alb _,..........: .c,--,-,..'-'-'" - . qikVA,\V‘ . - 1P:' . "" re 4} • - �. 1- dJ 8P " sr ! • W r J -u • c p - , _ , . E 1114 0 k.,,,) ,' r.. 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CARSO E50 111151 METWA MW51 _0' v 0172201311 40 35(19 m.natas) Medical ER1lrQOm1L'y SW LEE AVE,BEAVERTON E67 ME062 METWA MWSI MW64 t . .,.. 01122/2013 1132 53131 minutes, V ! fart Our Commitment . . . TVF& R will continue to . . . • Provide progressive, top-notch emergency response service . • Educate the community on fire and life safety. • Participate with you on transportation and community planning . • Be financially prudent and responsible with the resources entrusted to us. AIS-1223 5 Business Meeting Meeting Date: 06/11/2013 Length (in minutes): 5 Minutes Agenda Title: Resolution Certifying that the City of Tigard Provides Services Qualifying for State-Shared Revenues Prepared For: Liz Lutz Submitted By: Liz Lutz,Financial and Information Services Item Type: Resolution Meeting Type: Council Business Meeting-Main Public Hearing: No Publication Date: - Information ISSUE Shall the City Council approve a resolution certifying that the City of Tigard provides certain services making the city eligible to receive state shared revenues? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends approval of the attached resolution. KEY FACTS AND INFORMATION SUMMARY The city has estimated the receipt of the following state shared revenues: FY 2012-13 FY 2013-14 Cigarette Tax $ 60,127 $ 57,241 Liquor Tax $ 736,341 $ 791,567 State Gas Tax $2,826,073 $2,910,855 The State of Oregon requires the city to certify its eligibility to receive these revenues by stating that it provides more than four of the services listed in ORS 221.760.The city does provide six of the seven required services and is therefore eligible for receiving the state shared revenues.The services that the city provides includes police services; street construction;maintenance and lighting;sanitary sewer and storm water management;planning,zoning and subdivision control;and water utility.Approval of the attached resolution will meet the State of Oregon requirement for certification. OTHER ALTERNATIVES Do not accept the revenues from the State of Oregon. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS Acceptance of these revenues will assist in the funding of the city focus points and strategies. DATES OF PREVIOUS COUNCIL CONSIDERATION NA • Attachments Resolution for State Shared Revenues • AIS-1224 6. Business Meeting Meeting Date: 06/11/2013 Length (in minutes): 5 Minutes Agenda Title: Resolution Declaring the City's Election to Receive State Revenue Sharing Prepared For: Liz Lutz Submitted By: Liz Lutz, Financial and Information Services Council Business Resolution Meeting- Item Type: Public Hearing-Informational Meeting Type: Main Public Hearing Newspaper Legal Ad Required?: Yes Public Hearing Publication Date in Newspaper: 04/04/2013 Information ISSUE Should the City of Tigard elect to receive State Revenues as outlined in ORS 221.770,State Revenue Sharing Law? STAFF RECOMMENDATION/ACTION REQUEST Staff recommends adopting this resolution. KEY FACTS AND INFORMATION SUMMARY State Revenue Sharing Law,ORS 221.770,allocates 14 percent of state liquor tax to cities on a formula basis. The law requires cities to annually pass an ordinance or resolution to request state revenue sharing money.The law also requires public hearings be held by the city and certification of these hearings is also required. The hearing on State Revenue Sharing was noticed and held as a part of the Budget Committee meeting on May 6,2013.In order to receive state revenue sharing in FY 2013-2014,the city must levy property taxes in the preceding year,which the city has done.The city estimates the receipt of$452,088 of state revenue sharing funds in the FY 2013-2014 budget. OTHER ALTERNATIVES Do not pass resolution. COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS Acceptance of this revenue will assist in the funding of city goals and strategies. DATES OF PREVIOUS CONSIDERATION N A Fiscal Impact Cost: NA Budgeted (yes or no): Yes Where Budgeted (department/program): General Fund Additional Fiscal Notes: Approval of this resolution would secure$452,088 of revenue for the General Fund. Attachments Resolution to Receive State Shared Revenues AGENDA ITEM No. 6 Date: June 11,2013 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: DECLARING THE CITY of TIGARD'S ELECTION TO RECEIVE STATE REVENUE SHARING Due to Time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No. 6 Date: June 11, 2012 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. r 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. AIS-1225 7. Business Meeting Meeting Date: 06/11/2013 Length (in minutes): 10 Minutes Agenda Tide: Adopt Citywide Master Fees and Charges Schedule Replacing Res 12-22 and Subsequent Amendments and Resolution Adopting Misc.Solid Waste Rates Prepared For: Liz Lutz Submitted By: Liz Lutz, Financial and Information Services Council Business Meeting- Item Type: Resolution Meeting Type: Main Public Hearing Newspaper Legal Ad Required?: No Public Hearing Publication Date in Newspaper: Information ISSUE As part of the annual budget process,the City Council has the opportunity to adjust fees and charges related to city services. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends that City Council adopt two proposed resolutions: 1. A resolution to adopt the Fees and Charges Schedule for FY 2013-2014. 2. A resolution to include solid waste miscellaneous service rates,which were omitted in error from Resolution No. 13-18 adopting a new solid waste rate schedule. KEY FACTS AND INFORMATION SUMMARY Every fiscal year,a revised Master Fees&Charges Schedule is submitted to the City Council for approval along with the citywide operating budget.The attached schedule includes fee updates for most departments as several fees are adjusted annually using applicable indexes. Included in the schedule are phased-in fees such as water.These phased in fees have already been approved by City Council and are included in the FY 2014 Approved Budget. Additionally,when the council adopted a new solid waste rate schedule on April 23,2013via Resolution No. 13-18—miscellaneous solid waste service rates were omitted in error. If adopted,the attached resolution adds the adjusted miscellaneous service rates to the solid waste rate schedule,which is separate from the Master Fees and Schedule, since it is not a fee that is charged by the city. In accordance with Resolution No. 01-54A,the new solid waste rate schedule was implemented to provide an aggregate target profit rate of 10 percent annually for the city's franchised solid waste haulers.The adjustment to the miscellaneous service rates was factored into calculations to achieve the aggregate target profit rate. OTHER ALTERNATIVES Alter only those fees that are set by other agencies or are adjusted annually using an already approved formula. COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS The fees and charges help fund council focus strategies including: DATES OF PREVIOUS CONSIDERATION Solid Waste fees were adopted on April 23,2013. Attachments Resolution Exhibit A-Master Fees and Charges Schedule Resolution for Solid Waste Misc Fees Q nice _ 691111, 0)3 packs: ✓12v: f u loo 4 v(tA.)cctccI +0 - ( cpr■ to/to Iao� City of Tigard c _i.►(;A R D Memorandum To: City Council Members SUPPLEMENTAL PACKET FOR �l I�_ a ► 3 From: Carissa Coffins, Sr. Management Analyst a(J (DATE OF MEETING) Re: FY 2014 Master Fees & Charges Schedule NCt.V SC J'ct t Date: June 6, 2013 h tip "42--c• - /3-aL0 Attached to the FY 2014 Master Fees and Charges Schedule is a two-page summary of all changes to the proposed schedule. You will find that each fee lists the description of the fee, the page number it is located on in the schedule, the basis for the change, the basis of authority for the change, and whether or not the fee is included in the budget. Please note the following explanation detailing whether or not the fee is included in the budget: "Y"—This indicates that the fee is included in the budget, and any changes are usually influenced by an index. This also means that the fee or charge has a measurable effect on revenues and expenditures within the budget. "N"—This indicates that the fee or charge is not included in the budget. These items typically do not occur very often, and have little measurable effect on revenues. If you have any questions or concerns, please feel free to contact me at 503-718-2643. FY 2014 Proposed Master Fees&Charges Summary of Changes Report Included in Schedule -• Budget? Fee Descri Lion Page(s) Dams of Change) Authority (YIN) Financial&Information Services Business License(Annual Feel 4 Fee adopted by council and adjusted annually Ord.88-13 1' in conjunction with the Portland Consumer Price Index(CPI)at 2.1fF". Telecommunication Franchise Fee 5 Fee remains the same.I lowever,name has been changed to TMC 15.06 y Utility Franehio._AppLeatson Fee. Solid Waste Disposal Fee 5 Fee increased by 1 per Budget Committee. *INC 15.06 1' Right of NV,y Usage Fee 4-5 Fes have been reformatted under the Franchise Fee/Right of Way TMC 15.06 y` Usage Fee section for clarity purposes. Sewer Reimbursement District Loans 6 Fm established per Tigard Municipal Code allowing sewer reimbursement ORS 223.215 N district loans at the Applicable Federal Rate(Aldo). System Development Charm Financing(Other than Sewer Reimbursement District Loans) 6 Fee established per Tigard Municipal Code allowing for installment payments TMC 3.24.1151 v of system development charges of which Council will establish the interest rate. An application fee of 575.15)along with an interest rate of prime plus 4"•"as of the date of the application is proposed.The basis for the change is comparable to most local jurisdictions. Library Flash Drives 7 New fee allowing public purchase of flash drives. Dept.Policy N Late Return of E-Readers 7 New fine related to the late return of F.-Rcaders. Dept Policy N Overdue Cultural Pass Ncw fine implemented for the late return of a Library Cultural Pass. Dept Policy N Police Security Mann Permit 8 Name changed to Mum Permit Fee(Residential&Commercial). Dept.Policy N No change in fee. Failure to Obtain or Renew Security Mann Permit Fee s Fee has not been revised since 1982 Fee adjusted due to increase cost Dept.Policy N of issuance and is more in line with other local jurisdictions. Late Payment of Fees/Fines(After 60 days) s New fee established to recover costs and is similar to other local Dept.Policy N jurisdictions, Failure to Obtain Permit within 60 Days of Marro 8 New fee established to recover costs and is similar to other local jurisdictions. Dept.Policy N Installation A New fee established to recover costs and is similar to other local jurisdictions. Dept.Policy N Reinstatement Fee.Once Revoked(After 90 days past due) Pagel oft FY 2014 Proposed Master Fees&Charges Summary of Changes Report ..� Base Schedule .,; - tT Budget? Department eee Description Budgets Page(s) s of Cheri' aei (1"/N) Non-permitted or Revoked Mann Permit 8 New fcc established to recover costs and are similar to other local Dept.Policy jurisdictions. False Alarm Fines 8 Fees have not been revised since 2003.The recommended fee is Ord.87-73 1' adjusted for increased cost of monitoring and response times to false alarms.Fos are similar to other local jurisdictions. Vehicle Release Fee 8 Fee has not been adjusted since 2007.Increased fee will recover a ORS 709.720 1" portion of the personnel costs associated with the impound of a cchidc. Community Development Sanitary Sewer Connection Fee 24 This fee is determined by(jean Water Service.The city receives 3.99"" Clean\\atcr Sc-v.e 1' of fees that are collected.Fee increase is pending until approved by CWS Board that is scheduled to meet on 6/18%13. Planning Fees/Charges 20-25 Adjustments tied to Seattle Construction Cost Index(CCI) Res.03-59 1' which is 4.1""as of A1ay 2013.Planning fees include a 14,76".long range planning surcharge. Public V.orks Special Event Permit Fee 26 Base fees for the first 3 hours for special events at Cook Park remain Dept.Polity N unchanged.I lowc_s'cr,an additional hourly fee for events that nm longer than 3 hours is required in order to recover costs associated with the additional services provided by the city for longer events. Street Maintenance Fee 27 Fee adjusted by 4.94•based on a combination of two indexes,the `I MC 15.20 1 Engineering News Record Construction Cost Index,and the Oregon Monthly Asphalt Cement Material Price Index. Fire Rates(Sprinklers) 30 Adjustment tied to Seattle Construction Cost Index(CCI) Dept.Policy 1' which is 4.1""as of May 2013. Fire Service Connection 30 Adjustment tied to Seattle Construction Cost index(CCI) Dept.Policy 1" which is 4.1"'"as of May 2013. Sanitary Sewer Service Fee(get by Clean Water Service) 311 This fee is determined by Clean Water Service.The city receives 16.306"" Dept.Policy Y of fees that are collected.Fee increase is pending until approved by CWS Board that is scheduled to meet on 6/18/13. Storm : • 8. - \ ,i 30 Set ice charge is determined by Clean Water Service.The city receives 75"" Clean Water Serice, 1' of fees that are collected.Fee increase is pending until approved by CMS Board that is scheduled to meet on 6/18/13. Park System Development Chara�e 34 Fee adjusted 1.7". based on the average of two indexes;the Residential Tract Res.01_11 1' Land Costs provided by Washington County,and the Seattle Construction Cost Index provided by Engineering News Record. Water System Development Charge 38 Fee adjustment is tied to Seattle Construction Cost Index(CCI) OHS 223.31)4(8) 1 which is 4.1""as of May 2013. Res.10-76 Pegs 202 AIS-1226 8. Business Meeting Meeting Date: 06/11/2013 Length (in minutes): 15 Minutes Agenda Title: Public Hearing-Adopting the Budget,Making Appropriations,Declaring the Ad Valorem Tax Levy,and Classifying the Levy As Provided Prepared For: Liz Lutz Submitted By: Liz Lutz, Financial and Information Services Council Business Meeting- Item Type: Public Hearing-Informational Meeting Type: Main Public Hearing Newspaper Legal Ad Required?: Yes Public Hearing Publication Date in Newspaper: 05/30/2013 Information ISSUE Oregon local budget law requires that a budget for the following fiscal year(FY)be adopted by the City Council prior to July 1,after approval by the Budget Committee and after a public hearing has been held before the City Council. STAFF RECOMMENDATION/ACTION REQUEST Staff recommends adoption of the Approved FY 2013-2014 budget,with any adjustments made by City Council. KEY FACTS AND INFORMATION SUMMARY The Tigard Budget Committee (comprised of the City Council and five citizens)held 3 meetings on the City Manager's Proposed FY2013-2014 budget in April and May,2013.On May 6,2013,the Budget Committee approved the Proposed Budget,with adjustments and forwarded the Approved Budget to the City Council for adoption. Oregon Budget Law gives the governing body of the jurisdiction authority to make certain changes in the Approved Budget prior to adoption.The City Council may adjust expenditures up or down as long as the increase in a fund does not exceed 10%of that fund.The individual funds are shown on the Schedule of Appropriations attached to the Resolution. The total FY 2013-2014 City of Tigard Approved Budget is$227,460,218,including appropriations of$184,102,483 with the remaining$43,357,735 comprising the city's reserve for future expenditures. Staff has included four recommended adjustments to the approved budget for Council to consider. None of the adjustments exceeds 10%of any impacted fund. If the four adjustments are approved by Council,the FY 2013-2014 City of Tigard Adopted Budget will be$228,378,575,including appropriations of$185,020,840 with the remaining $43,357,735 comprising the city's reserve for future expenditures. OTHER ALTERNATIVES Alternatives are limited by Oregon Law. Council can change the Approved Budget by up to 10%in any fund;however, by Oregon Law,the FY 2013-214 budget must be adopted by the City Council prior to July 1,2013. COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS The Approved Budget indudes funding necessary to move the council focus strategies ahead. DATES OF PREVIOUS CONSIDERATION Budget Committee dates: April 22,April 29,May 6,2013 as part of the Budget Committee meetings. Fiscal Impact Cost: 184,102,483 Budgeted(yes or no): NA Where Budgeted(department/program):All Additional Fiscal Notes: The total FY 2013-2014 City of Tigard Approved Budget is$227,460,218,including appropriations of$184,102,483 with the remaining$43,460,218 comprising the city's reserve for future expenditures. Staff has included four recommended adjustments to the approved budget for Council to consider. None of the adjustments exceeds 10%of any impacted fund. If the four adjustments are approved by Council,the FY 2013-2014 City of Tigard Adopted Budget will be$228,317,018,including appropriations of$184,959,283 with the remaining $43,357,735 comprising the city's reserve for future expenditures. The attached Schedule of Appropriations displays the Approved Budget. Also attached are the four Technical Adjustments recommended by staff. Attachments Resolution to Adopt City Budget Schedule of Appropriations Technical Adjustments 1 e AGENDA ITEM No. 8 Date: June 11, 2013 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER A RESOLUTION ADOPTING THE BUDGET, MAKING APPROPRIATIONS, DECLARING THE AD VALOREM TAX LEVY, AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 312.060 (2) Due to Time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No. 8 Date: June 11, 2013 PLEASE PRINT Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. �► • S-t\-4 No.. \' (2-(gS\"S'(\ G Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-1227 9. Business Meeting Meeting Date: 06/11/2013 Length(in minutes): 5 Minutes Agenda Title: Public Hearing-Adopting the City Center Development Agency Fiscal Year 2013-2014 Budget,Making Appropriations,and Imposing and Categorizing Taxes Prepared For: Liz Lutz Submitted By: Liz Lutz, Financial and Information Services Council Business Meeting- Item Type: Resolution Meeting Type: Main Public Hearing Newspaper Legal Ad Required?: Yes Public Hearing Publication Date in Newspaper: 05/30/2013 Information ISSUE Oregon local budget law requires that a budget for the following fiscal year(FY)be adopted by the City Center Development Agency Board of Directors prior to July 1,after approval by the Budget Committee and after a public hearing has been held before the City Center Development Agency Board of Directors. STAFF RECOMMENDATION/ACTION REQUEST Staff recommends adoption of the FY 2013-2014 budget as approved by the Budget Committee on May 6,2013,with any adjustments made during the hearing. KEY FACTS AND INFORMATION SUMMARY The City Center Development Agency Budget Committee (comprised of the City Center Development Agency Board of Directors and five citizens)reviewed the Executive Director's budget on April 22,2013 and April 29,2013. The Budget Committee subsequently approved the Proposed Budget and forwarded the budget to the City Center Development Agency Board of Directors for adoption. Oregon Budget Law gives the governing body of the jurisdiction authority to make certain changes in the Approved Budget prior to adoption.The City Center Development Agency Board of Directors may adjust expenditures up or down as long as the increase in a fund does not exceed 10%of the fund total. The total FY 2013-2014 City Center Development Agency Approved Budget is$1,573,388,including appropriations of $907,000 with the remaining$666,388 comprising the agency's reserve for future expenditures. Staff has included one recommended adjustment to the approved budget for the Board to consider. The adjustment does not exceed 10%of the impacted fund. If the adjustment is approved by the Board,the FY 2013-2014 City Center Development Agency Adopted Budget will be$1,608,388,including appropriations of$1,142,000 with the remaining$666,388 comprising the agency's reserve for future expenditures. OTHER ALTERNATIVES By Oregon law,the FY 2013-2014 budget must be adopted by the City Center Development Agency Board of Directors prior to July 1,2013. COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS NA DATES OF PREVIOUS CONSIDERATION April 22 and April 29,2013,as part of the Budget Committee meetings. • Fiscal Impact Cost: 1,573,388 Budgeted (yes or no): NA Where Budgeted (department/program):All Additional Fiscal Notes: The total FY 2013-2014 City Center Development Agency Approved Budget is$1,573,388,including appropriations of$907,000 with the remaining$666,388 comprising the agency's reserve for future expenditures. Staff has included one recommended adjustment to the approved budget for the Board to consider. The adjustment does not exceed 10%of the impacted fund. If the adjustment is approved by the Board,the FY 2013-2014 City Center Development Agency Adopted Budget will be$1,608,388,including appropriations of$1,142,000 with the remaining$666,388 comprising the agency's reserve for future expenditures. The attached Schedule of Appropriations displays the Approved Budget. Also attached is the Technical Adjustment recommended by staff. • • • Attachments Resolution to Adopt CCDA Budget Schedule of Appropriations Technical Adjustments to CCDA Budget • • AGENDA ITEM No. 9 Date: June 11, 2013 PUBLIC HEARING TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the City Center Development Agency on: CONSIDER A RESOLUTION ADOPTING THE CITY CENTER DEVELOPMENT AGENCY FISCAL YEAR 2014 BUDGET, WITH ADJUSTMENTS, MAKING APPROPRIATIONS, AND IMPOSING AND CATEGORIZING TAXES Due to Time Constraints City Council May Impose a Time Limit on Testimony 4 AGENDA ITEM No. 9 Date: June 11, 2013 PLEASE PRINT Proponent-(Speaking In Favor) Opponent-(Speaking Apinst) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. '-,°- Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. . . Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. r Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-1283 10. Business Meeting Meeting Date: 06/11/2013 Length(in minutes): 25 Minutes Agenda Title: Parks Zone Project Briefing Prepared For: John Floyd Submitted By: John Floyd,Community Development Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting-Main Public Hearing: No Publication Date: Information ISSUE Briefing to update Council on the creation of a new Parks Zone. Staff will present the purpose of the project and requests feedback and direction from Council as appropriate. STAFF RECOMMENDATION/ACTION REQUEST Receive information and provide direction,if applicable. KEY FACTS AND INFORMATION SUMMARY The Parks Zone Project is intended to adopt specific development standards and approval criteria for publicly owned parkland. The purpose of this project is to remove administrative barriers to the efficient development of existing and future parks,while providing enhanced protections for neighboring residents and other parties who may be negatively impacted by the activities therein. The vehicle for these administrative improvements would be the creation of a new parks zone and associated chapter within the Tigard Community Development Code(Chapter 18). At present there is not a specific zone for parkland within the city,resulting in the city's parkland being subject to a patchwork of base zone regulations. Most of the city's zoning districts do allow public parks as a conditional use, subject to approval by the Hearings Officer. The conditional use process is appropriate for certain types of development that require elevated review and analysis on a case-by-case basis. This process is appropriate for certain park improvements that can lead to neighborhood impacts,such as ballfields or event facilities. This same process can also be administratively burdensome and time consuming for low-impact recreational improvements such as trails,small parking facilities,and restrooms. A new parks zone will allow the City to assign a more appropriate level of review based upon the potential impact to nearby residents and public facilities. An appropriate level of public outreach is part of the project schedule. The Planning Commission will be briefed on the project on June 17. Articles will appear in Cityscape and the planning listserv,and all owners living near an existing or future park will be notified of the project and invited to comment on the proposed regulations. A project website will serve as a point of information and a portal for people to submit comments or questions. Historical experience has shown that the residents of Tigard care greatly not just about their parks,but how the parks can both positively and negatively impact their quality of life. As such the project schedules public outreach throughout all phases of the work. It should be noted that this chapter is not intended to supersede the City's sensitive lands regulations which apply to much of the parkland within the city. Sensitive lands review will still be required for affected areas such as floodplains or wetlands,consistent with regional,state,and federal requirements. OTHER ALTERNATIVES This presentation is intended as informational only. COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS n/a DATES OF PREVIOUS COUNCIL CONSIDERATION n/a AIS-1284 11. Business Meeting Meeting Date: 06/11/2013 Length (in minutes): 15 Minutes Agenda Title: Upcoming Development Code Update Projects Briefing Prepared For: Tom McGuire Submitted By: Tom McGuire,Community Development Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting-Main Public Hearing: No Publication Date: Information ISSUE Community Development staff will brief the Council on several upcoming Tigard Development Code update projects. STAFF RECOMMENDATION/ACTION REQUEST KEY FACTS AND INFORMATION SUMMARY The current version of the Tigard Development Code(11)C)has been in use since the 1990's.Many sections have become out-of-date and do not reflect current planning practice or recent innovations in planning implementation. Also,over time,sections have been added or amended and this often leads to inconsistencies in the code or unintended conflicts with other code sections.These issues can cause confusion and delay for staff and applicants. Confusion and delay drive up development and city processing costs. Complex and confusing code also lead to errors that may put the City or the public at risk and further add costs and delay. City staff hear from property owners,neighbors,and developers about their frustrations with the complexity of the code. Staff are frustrated with outdated processes and procedures. In response,staff is continually looking for ways to improve the internal administration of,and the public's understanding of the TDC.To that end,several specific code update projects have been identified by staff,the Planning Commission,and the public for Council consideration in the coming months and years. Specifically,a major update of the TDC administrative processes and procedures,an update of the Signs and Nonconforming Use Chapter,and a complete overhaul of the Sensitive Lands Chapter.Additionally,in the coming months we will need to adopt the newly revised and updated Washington County floodplain maps. Included in the packet is a timeline for the major code revision projects.Staff will discuss the projects and the timeline with Council at the June 11 briefing. OTHER ALTERNATIVES COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION No previous Council dates on this issue. Attachments CD Code Work Proarm 1 Development Code Update Project Schedule(May,2013) FY 13/14 FY 14/15 Project Name May I June July'131 Aug I Sept I Oct I Nov j Dec I Jan'141 Feb I Mar I Apr I May j June July-Sept'14 I Oct-Dec'13 Jan-Mar'15 1 Apr-June'15 Parks Base Zone Housing Implementation Strategies Adopt Washington Co.FEMA Maps Code Administration and Procedures Sensitive Lands Signs or Nonconforming Situations