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City Council Packet - 05/16/2017 ,, • 4 City of Tigard Tigard Workshop Meeting—Agenda TIGARD TIGARD CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: May 16,2017 - 6:30 p.m. MEETING LOCATION: City of Tigard -Town Hall - 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Times noted are estimated. 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 503-718-2419 (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 (MD -Telecommunications Devices for the Deaf). VIEW LIVE VIDEO STREAMING ONLINE: http://live.ti Bard-o r.zov Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings-Channel 28 •Every Sunday at 12 a.m. •Every Monday at 1 p.m. 'Every Thursday at 12 p.m. •Every Friday at 10:30 a.m. SEE ATTACHED AGENDA City of Tigard Tigard Workshop Meeting—Agenda TIGARD TIGARD CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: May 16,2017 - 6:30 p.m. MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM 1. WORKSHOP MEETING A. Call to Order- City Council and City Center Development Agency B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. RECEIVE AN UPDATE ON THE PARKS AND RECREATION FEE 6:35 p.m. estimated time 3. CITY CENTER DEVELOPMENT AGENCY: DOWNTOWN PUBLIC SPACE DISCUSSION 7:05 p.m. estimated time 4. DISCUSSION ON PROPOSED AFTER BUSINESS HOURS WATER SERVICE TURN-ON FEE 7:35 p.m. estimated time 5. DISCUSS A DEVELOPMENT AGREEMENT WITH SD DEACON FOR TIGARD TRIANGLE PROPERTY 7:55 p.m. estimated time 6. DISCUSSION ON CITY COUNCIL TRAVEL POLICY 8:15 p.m. estimated time 7. NON AGENDA ITEMS 8. 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. 9. ADJOURNMENT 8:45 p.m. estimated time AIS-3023 2. Workshop Meeting Meeting Date: 05/16/2017 Length (in minutes): 30 Minutes Agenda Title: Receive an Update on the Parks and Recreation Fee Prepared For: Brian Rager Submitted By: Steve Martin, Public Works Item Type: Update, Discussion, Direct Meeting Type: Council Staff Workshop Mtg. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The council will receive their first annual update regarding the Parks and Recreation Fee. STAFF RECOMMENDATION / ACTION REQUEST Although no action will be taken at this meeting, staff will be providing the council with a recommendation related to the fee for their future consideration. KEY FACTS AND INFORMATION SUMMARY The Parks and Recreation Fee (PARF) was approved by Tigard City Council on February 9, 2016, following a community conversation about declining general fund revenues and a concern for declining park conditions. The PARF was established by ordinance and added to Tigard Municipal Code, Chapter 3.75. The new fee was implemented April 1, 2016, for all residential and business customers. A typical residential customer who receives a utility statement from the City of Tigard is charged $3.75 per month. Typical non-residential customers are charged approximately $7 per month. The fee is expected to generate a little more than $1 million annually and presently covers approximately 40% of the Parks and Recreation Program. No service level changes in Parks and Recreation were made as a result of the implementation of the PARF. Meaning, the fee changed the way Parks & Recreation is funded, but not the overall amount spent on Parks and Recreation annually. Section 3.75.050.B states that the fee rates shall be established by council resolution and shall be based on all or a part of: •The city's projected five-year maintenance forecast plan for operations and maintenance of the city's park system; and •Any new maintenance costs incurred during the five-year program. New costs include, but are not limited to, maintenance of additional park land, new park development of existing park land, and new or expanded programming and operations. The Public Works Director is to provide an annual update to the council to provide information about these components. This report serves as both an annual update on the Parks and Recreation Fee and as an update to the city's five-year forecast plan for operations and maintenance of the city's Parks and Recreation Division. Section 3.75.050.0 states that the fee rate shall be annually adjusted to account for new costs as identified by the Public Works Director and according to an annual index as defined in the master fees and charges. The council has the authority to set and adjust the PARF as a part of the master fees and charges process). The city's parks and trails system is highly regarded by Tigard residents and visitors and was the backbone of the development of the city's strategic vision. The report details the following options, keeping the current level of service constant: •Increase the Parks and Recreation Fee by the annual index (4.26%) and increase the general fund subsidy •Increase the Parks and Recreation Fee higher than the annual index with less general fund subsidy Council could also consider lowering the current level of service,in either the short or long term: •Increase Parks and Recreation Fee only by Annual Index •Include Parks and Recreation in a future Local Option Levy City staff is recommending council choose to increase the park and recreation fee at a rate higher than the annual index to both lessen the impacts to the general fund and to fund Parks and Recreation at current levels. Further, this leaves Council the option to consider including Parks and Recreation in a future local option levy. Should the levy pass, Council could choose to eliminate the park and recreation fee. OTHER ALTERNATIVES N/A -- No action will be taken at this meeting. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS The Parks and Recreation Fee helps fund the Parks and Recreation program, a very important link to the city's strategic vision. This funding of this program also relates to Council Goal #2: Expand Recreation Opportunities for the People of Tigard. DATES OF PREVIOUS CONSIDERATION The council instituted the Parks and Recreation Fee in 2016. This is the first annual update. Attachments Parks and Recreation Fees Report Prepared by: Public Works May 16, 2017 City of Tigard Parks and Recreation Fee Report .a F ri it `e'' ✓f. !.. #r •- " ! -. - I Ita ^` �. �r , OPIIIh‘ ; i '1 ' tea`' , �� !' ` Y'• \16. rt ., t 1^ t-.X\44‘''; • :. '' 1--,_ - - - - . � w • r 411 - `ri . l:j �? 1 • ` { .,... -.u_- ...,,.-•+iT-, - : _. S".e - 7 ... ,� - PARKS AND RECREATION FEE REPORT Executive Summary The parks and recreation fee (PARF)was approved by Tigard City Council on February 9,2016, following a community conversation about declining general fund revenues and a concern for declining park conditions.The PARF was established by ordinance and added to Tigard Municipal Code,Chapter 3.75 (City of Tigard,Oregon,2016). The new fee was implemented April 1,2016, for all residential and business customers. A typical residential customer who receives a utility statement from the City of Tigard is charged$3.75 per month (City of Tigard,Oregon,2016). Typical non-residential customers are charged approximately $7 per month. The fee is expected to generate a little more than$1 million annually and presently covers approximately 40% of the Parks and Recreation Program. No service level changes in Parks and Recreation were made as a result of the implementation of the PARF. Meaning,the fee changed the way Parks &Recreation is funded,but not the overall amount spent on Parks & Recreation annually. Section 3.75.050.B states that the fee rates shall be established by council resolution and shall be based on all or a part of: • The city's projected five-year maintenance forecast plan for operations and maintenance of the city's park system;and • Any new maintenance costs incurred during the five-year program. New costs include,but are not limited to,maintenance of additional park land,new park development of existing park land,and new or expanded programming and operations. The Public Works Director is to provide an annual update to the council to provide information about these components (City of Tigard,Oregon,2016). This report serves as both an annual update on the Parks and Recreation Fee and as an update to the city's five-year forecast plan for operations and maintenance of the city's Parks&Recreation Division. Section 3.75.050.0 states that the fee rate shall be annually adjusted to account for new costs as identified by the Public Works Director and according to an annual index as defined in the master fees and charges. The council has the authority to set and adjust the PARF as a part of the master fees and charges process (City of Tigard,Oregon,2016). The city's parks and trails system is highly regarded by Tigard residents and visitors and was the backbone of the development of the city's strategic vision. The report details the following options, keeping the current level of service constant: • Increase the Park and Recreation Fee by the annual index (4.26%) and increase the general fund subsidy • Increase the Park and Recreation Fee higher than the annual index with less general fund subsidy Council could also consider lowering the current level of service,in either the short or long term: • Include Parks&Recreation in a future Local Option Levy City of Tigard Page 3 PARKS AND RECREATION FEE REPORT • Increase Park and Recreation Fee only by Annual Index City staff is recommending council choose to increase the park and recreation fee at a rate higher than the annual index to both lessen the impacts to the general fund and to fund Parks &Recreation at current levels. Further,this leaves Council the option to consider including Parks&Recreation in a future local option levy. Should the levy pass,Council could choose to eliminate the park and recreation fee. Page 4 City of Tigard PARKS AND RECREATION FEE REPORT Parks and Recreation Fee Report The purpose of this report is to provide council an update regarding the Parks and Recreation Fee (PARF) and to comply with the Tigard Municipal Code (TMC) Parks and Recreation Fee (Chapter 3.75) provisions. This report contains an update on revenue projections for the current year and a five-year budget forecast for the Parks&Rec program.The report is presented in the following sections: • Parks&Recreation Fee Overview, • Updates to the five-year forecast plan, • Options for funding the five-year forecast plan, • Conclusion and recommendations. The five-year budget forecast includes discussion about the optimal level of service for park maintenance, forecasted increases in park inventory,and projected growth for the recreation program. Staff is recommending council consider an increase in the Parks and Recreation Fee in the short term,with the potential to include funding for Parks &Rec in a future local option levy. Parks and Recreation Fee Overview FEE ADOPTION The Parks and Recreation Fee (PARF) was approved by Tigard City Council on February 9,2016, following a community conversation about a declining general fund revenues and a fear of a decline in the quality of our parks. The city's parks and trails system is highly regarded by Tigard residents and visitors and is the backbone of the city's strategic vision. The new fee was implemented April 1,2016, for all residential and business customers served by the City of Tigard. A typical residential customer who receives a utility statement from the City of Tigard is charged$3.75 per month. Typical non-residential customers are charged approximately$7 per month. The fee is expected to generate a little more than$1 million annually and presently covers approximately 40%of the Parks and Recreation Program. No service level changes in Parks and Recreation were made as a result of the implementation of the PARF. Meaning,the fee changed the way Parks&Recreation is funded,but not the overall amount spent on Parks&Recreation annually. FEE IMPLEMENTATION In 2016,Finance staff estimated the adopted Parks and Recreation Fee would generate approximately$1 million annually. From July 1,2016 to March 31,2017,the city has collected $719,331in fee revenues. A total collection of$1,016,000 is anticipated by June 30,2017. These revenues go directly into the Park Utility Fund and may only be used to help fund the Parks &Rec program operational budget. A transfer from the General Fund to the Park Utility Fund pays for the remainder of the funding for the Parks&Rec program. City of Tigard Page 5 PARKS AND RECREATION FEE REPORT The PARF,as outlined in the city's Master Fees and Charges Schedule (Fiscal Year 2016-17),is currently charged as follows: • Monthly Residential Rate—Single and Multi-Family $3.75/equivalent dwelling unit (EDU) • Monthly Non-Residential Rate: $3.75/EDU 18'22 • Reduction for Qualified Low Income Single Family: 50% • Annual growth index: 4.26% Notes: 1. Commercial EDU Calculation (rounded to nearest whole EDU): (Billed Parking Stalls from Street Maintenance Fee *0.76 Jobs Per Stall)/15 EDU Factor= EDUs 2. Industrial EDU Calculation (rounded to nearest whole EDU): (Billed Parking Stalls from Street Maintenance Fee * 1.19 Jobs Per Stall)/15 EDU Factor = EDUs MUNICIPAL CODE AND ANNUAL UPDATE REQUIREMENTS The PARF was established by ordinance and now resides in the TMC,Chapter 3.75. This chapter lays out the full description of the PARF and its purpose. Specifically,Section 3.75.010,Creation and Purpose,states that the purpose of the PARF is to "charge for the service the city provides in maintaining public parks and to ensure that maintenance occurs in a timely fashion, thereby reducing increased costs that result when maintenance is deferred." Section 3.75.050.B states that the fee rates shall be established by council resolution and shall be based on all or a part of: • The city's projected five-year maintenance forecast plan for operations and maintenance of the city's park system;and • Any new maintenance costs incurred during the five-year program. New costs include,but are not limited to,maintenance of additional park land,new park development of existing park land,and new or expanded programming and operations. The Public Works Director is to provide an annual update to the council to provide information about these components. Section 3.75.050.0 states that the fee rate shall be annually adjusted to account for new costs as identified by the Public Works Director and according to an annual index as defined in the master fees and charges. The council has the authority to set and adjust the PARF as a part of the master fees and charges process. Updates to the Five-Year Forecast Plan The following section summarizes a five-year forecast for both the Parks Maintenance Program and the Recreation Program,together making up Tigard Parks&Rec. Growth in the Parks Maintenance Program is based on growth from development and level of service standards;growth in the Recreation Program is based on increased customer demand and the city's Recreation Program Study: Recommendations and Implementation Plan(2015). Page 6 City of Tigard PARKS AND RECREATION FEE REPORT PARKS MAINTENANCE PROGRAM The largest component of the Parks and Recreation program budget is park maintenance. From open green fields to fishing on the Tualatin River,parks in Tigard offer residents and visitors the great outdoors.With nearly 550 acres of parks,greenways and natural areas,the City of Tigard provides a variety of options for recreation,while protecting the area's natural beauty and providing valuable wildlife habitat.Parks staff not only maintains our beautiful spaces,but also prepare for some of the summer season's biggest events like the Balloon Festival and the 4th of July Fireworks. Growth in Park Acreage It is anticipated that the city's parkland inventory will grow by roughly 50 acres over the next five years. Working with colleagues in the Community Development Department and Engineering Division of Public Works to understand development patterns,Parks and Recreation is preparing for significant growth. This growth is anticipated throughout the city,including twenty or more acres in River Terrace (a little more than half in neighborhood parks,and the rest in another community park),development of new sections of the Fanno Creek Trail,land donations, opportunistic park purchases,and the desire for parks development in Downtown Tigard and the Tigard Triangle. Stabilized Level of Service Tigard has a vision for walkability and livability;maintaining the systems that support this vision is a challenge.Tigard has more acres of park land per capita than the national average.Yet,we spend significantly less per acre than average.This means Tigard has a backlog of parks in need of maintenance or repair. 1.0. 86 ACRES $3,645 qualmsspent per acre of park land per 1,000 residents. to maintain park land. The National average is 9.2 per 1,000 residents. The National average is$5,866 per acre. In order to provide a reasonable estimate for costs over the next five years, staff completed an effort to document the level of service(LOS)that the program is working to achieve.This effort is documented in Appendix A. For several years, staff and council have discussed the threat of declining park quality without additional resources. The revenue forecast includes modest increases City of Tigard Page 7 PARKS AND RECREATION FEE REPORT to help keep good parks in good condition,protect others from continued decline,and to avoid more costly repairs in the future. Defining Level of Service by Park Type The city's park system is broken into four unique park"types",each of which require different kinds of best management practices and therefore different levels of costs to maintain. Appendix A describes the LOS by park type.This includes a breakdown of the four park types, their descriptions,park examples,and the quality assurance/control indicators staff uses to determine if a park is meeting the desired LOS. Table 1. Level of Service by Park Type Example PARK SPE DESCRIPTION/AMENITIES INDICATOR EXAMPLES Cook Park Type 1 Highly developed, irrigation, restrooms, 1. Restrooms: cleaned daily playgrounds, picnic shelters, athletic fields 2.Vandalism:same day Playgrounds, restrooms, mowed grass areas, 1. Restrooms:cleaned weekly Woodard Park Type 2 no irrigation, no reservations 2.Vandalism:within one day Ascension Trail Open fields,greenways with trails, 1. Field mowing Corridor Type 3 undeveloped parks(field mowed) 2. Pruning along trails Summer Creek 1. Hazard tree assessment Wetland Type 4 Open space,greenways without trails 2. Non-native weeds eradicated Comparing Level of Service Nationally and Locally According to the National Recreation and Parks Association (NRPA) annual report,Tigard is much below average in spending per acre to maintain park land (National Recreation and Park Association,2016). For purposes of comparison,the NRPA data defines "parkland"as all park types open to the public,including open space areas. The facts and figures contained within the NRPA report are"averages",and Staff is not proposing that Tigard increase its expenditures to match these averages. They simply provide a reasonable comparison for conversation. Locally, the City of West Linn has instituted a similar park and recreation fee and has a similar number of acres to Tigard.This comparison shows that Tigard is doing more with less,but it also means that Tigard will reach a point at which the Parks and Recreation Program can no longer provide safe,clean and well-maintained parklands for citizen use. Page 8 City of Tigard PARKS AND RECREATION FEE REPORT Table 2. Parks Comparison(National Average,Tigard and West Linn) MEASURE NATIONAL AVERAGE TIGARD WEST LINN Jurisdiction Population 40,100 50,444 25,540 Park Acreage 9.6 acres/1,000 residents 548 547 2 Staff FTE 7.3 staff members/10,000 12.17 21.65 2 residents Program Budget $3,501,000 $2,510,194 $3,572,000 2 $3.75 per residential $13.66 per residential Park Fees equivalent dwelling unit household,and$12.97 and$7.00 for commercial per multi-family accounts household 3 Notes: 1. (City of West Linn,2017) 2. (City of West Linn,2016,p.86) 3. (City of West Linn,2016,p.6) A Note on Deferred Maintenance The five-year forecast for parks maintenance does not include funding for many of the "deferred maintenance"items from last year.These projects can now be funded using the reimbursement portion of the updated Parks System Development Charge (SDC).Reimbursement charges collected can be used to pay for capital expenses related to repairs and maintenance items.These projects are now represented in the proposed Capital Improvement Plan (CIP) under the Park Major Maintenance line item. Parks Maintenance Five-Year Forecast Given growth and the need for a stabilized level of service,the resources in the parks maintenance group will need to grow. The five-year budget forecast includes anticipated staff and seasonal labor increases,along with associated equipment and vehicle replacements,needed to achieve the desired LOS. For additional detail on the budget forecast,see Appendix B. City of Tigard Page 9 PARKS AND RECREATION FEE REPORT Figure 1.Parks Maintenance Program Five-Year Budget Forecast Parks Maintenance Program Five-Year Budget Forecast $4,000,000 $3,500,000 $3,000,000 $2,500,000 -o $2,000,000 — _ - - $1,500,000 Fo $1,000,000 $500,000 $0 _^ 2017-18 2018-19 2019-20 2020-21 2021-22 Fiscal Year RECREATION PROGRAM Egg Hunt Participation The recreation program got off to a great start two years ago and is proving to be very popular and supported by our 2016 residents. The responses for special events,such as the Egg 719 participants Hunt and movies in the park last summer have been 2017 overwhelming. Over 2,000 participants Growth in Program Offerings Tigard's Recreation Program Study: Recommendations and Implementation Plan (2015) lays out a five-year implementation plan as to how the city could start small with the program and allow it to grow gradually. Staff has been diligently working toward implementing many of the suggested elements of a recreation program. Current activities and classes include art,culture,nature education,youth sports and adult fitness. As the program develops,there is a bit of trial and error involved. For example,not every class has been well-received;in those cases staff will try those classes again at another time of year to determine if it was a timing issue or if the class is simply not of interest to Tigard residents.The council recently adopted their goals for 2017 and made a decision to keep growing the recreation program as planned. Recreation Five-Year Forecast Figure 2.0 below shows the five-year projection for the program,which assumes modest growth of the classes,programs and events spoken to above,including the necessary staff and materials resources that will be needed to deliver the program. For additional detail related to this forecast, see Appendix C. Page 10 City of Tigard PARKS AND RECREATION FEE REPORT Figure 2. Recreation Program Five-Year Budget Forecast Recreation Program Five-Year Budget Forecast $600,000 $500,000 -- 15 -e $400,000 - $300,000 -- 6 $200,000 $100,000 $0 --------- 2017-18 2018-19 2019-20 2020-21 2021-22 Fiscal Year SUMMARY FOR PARKS MAINTENANCE AND RECREATION Combining the five-year forecasts for parks maintenance and the recreation program results in an overall program budget forecast as shown in Figure 3.0 below. While the growth in services and costs varies by year,on average those costs will grow by 12 percent annually over the five-year forecast period. Thus,the annual growth index for the fee will not be sufficient to meet the needs of the program. Figure 3.Parks Maintenance and Recreation Five-Year Budget Forecast Parks Maintenance and Recreation Five-Year Forecast $4,000,000 •Recreation Program ■Parks Maintenance $3,500,000 $3,000,000 — _----_ T $500,0002017-18 2018-19 2019-20 2020-21 2021-22 Fiscal Year City of Tigard Page 11 PARKS AND RECREATION FEE REPORT Options for Funding the Five-Year Forecast Plan This report covers four options to fund Parks&Recreation for the next five years.The report details the following options,keeping the current level of service constant: • Increase the general fund subsidy and increase the PARF by the annual index (4.26%) • Increase the Park and Recreation Fee higher than the annual index with less general fund subsidy Council could also consider lowering the current level of service,in either the short or long term: • Include Parks&Recreation in a future Local Option Levy • Increase PARF by annual index and accept a lower level of service OPTION 1: INCREASE GENERAL FUND SUBSIDY+ PARF ANNUAL INDEX With this option the PARF will continue to grow at the annual index rate of 4.26%and the General Fund contribution to the program will also need to increase. Since the overall program costs will grow faster than the index (12%vs. 4.26%),the General Fund will have to make up the difference and grow by an average of over 16%annually,changing the funding composition from the current 40% / 60%PARF/General Fund ratio to 32% / 68%by the end of the 5-year forecast.While this option will fully fund the forecasted costs of the program,the city would have to find new General Fund revenues or decrease General Fund expenditures to other city services, which would result in cuts to other budgets. Staff does not recommend this option. Figure 4.Option 1:Increase General Fund+Increase PARF by Annual Index Option 1: Increase General Fund + Increase PARF by Annual Index $4,500,000 $4,000,000 _____ $5 $3,500,000 $4 $3,000,000 $2,500,000 ---- $3 $2000000 -- -o $1,500,000 -- $2 $1,000,000 $1 $500,000 $0 $0 2017-18 2018-19 2019-20 2020-21 2021-22 General Fund Contribution 1,462,936 2,024,679 2,205,318 2,488,991 2,657,700 �r■■Parks &Recreation Fee 1,047,258 1,148,653 1,148,653 1,202,975 1,259,866 Revenue —Parks &Recreation Fee 3.91 4.08 4.25 4.43 4.62 Page 12 City of Tigard PARKS AND RECREATION FEE REPORT OPTION 2: CONSIDER GENERAL FUND CONTRIBUTION + INCREASE PARF This option increases the PARF at a rate that is higher than the annual growth index and maintains the current funding burden on the General Fund as a percent of total funding.This increases the dollar burden proportionately as the amount needed to fund the program increases,but maintains the funding from the General Fund at 60%of the Parks and Recreation Program total need. Staff developed several scenarios illustrated below,with a variety of splits between the PARF and the General Fund There are four Option 2 scenarios illustrated below for discussion and consideration. • Option 2A: 40%PARF,60%General Fund • Option 2B: 80%PARF,20%General Fund • Option 2C: PARF increases,General Fund remains constant • Option 2D: PARF covers 100% of Parks &Recreation Figure 5.Option 2A:40/60 Funding Split Option 2A: 40/60 Funding Split $4,500,000 — $7 $4,000,000 _-. ._-___ $6 $3,500,000 $5 $3,000,000 opo $2,500,000 IIIII — $4 a. $2,000,000 -- $3 w $1,500,000 $2 $1,000,000 $500,000 $1 $0 $0 2017-18 28-19 2019-20 2020-21 2021-22 01 60% - General Fund 1,506,116 1,903,999 2,012,383 2,215,179 2,350,540 ME 40% Parks &Recreation 1,004,078 1,269,333 1,341,588 1,476,786 1,567,026 Fee Revenue —Parks &Recreation Fee 3.75 4.72 4.96 5.44 5.75 City of Tigard Page 13 PARKS AND RECREATION FEE REPORT Figure 6.Option 2B:80/20 Funding Split Option 2B: 80/20 Funding Split $4,500,000 _- $14 $4,000,000 ______ _ --_---__.._________-__. $12 $3,500,000 ___ ___^.T.__ $3,000,000 $10 $2,500,000 $8 $2,000,000 $6 w .ti $1,500,000 $4 $1,000,000 - $500,000 $2 $0 2017-18 2018-19 2019-20 2020-21 2021-22 $0 20% - General Fund 502,039 634,666 670,794 738,393 783,513 80% Parks &Recreation 2,008,155 2,538,666 2,683,177 2,953,573 3,134,053 Fee Revenue —Parks &Recreation Fee 7.50 9.44 9.93 10.88 11.49 Figure 7.Option 2C: PARF increases,General Fund remains constant Option 2C: PARF Increases,General Fund Remains Constant $4,500,000 ____----___._-----^_ —__ __---_-.---.-__ _._. _ $10 $4,000,000 — _. - — — $9 $3,500,000 --- -__. $8 $3,000,000 $7 $2,500,000 -- - - $6 $2,000,000 - — $5 w $4 ido $1,500,000 $3 73 $1,000,000 $2 $500,000 -- $1 2017-18 2018-19 2019-20 1 2020-21 2021-22 $0 General Fund Contribution 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 mil Parks &Recreation 1,010,194 1,673,332 1,853,971 2,191,966 2,417,566 Fee Revenue —Parks &Recreation Fee 3.77 6.22 6.86 8.07 8.86 Page 14 City of Tigard PARKS AND RECREATION FEE REPORT Figure 8.Option 2D: PARF covers 100%of Parks&Recreation PARF covers 100%of Parks &Recreation $4,500,000 $16 }}. $4,000,000 11 $14 $3,500,000 $12 $3,000,000 $10 $2,500,000 - $8 $2,000,000 w $1,500,000 $6 -- $1,000,000 — $4 $500,000 -- $2 $0 $0 2017-18 2018-19 2019-20 2020-21 2021-22 mil Parks &Recreation Budget 2,510,194 3,173,332 3,353,971 3,691,966 3,917,566 —Parks &Recreation Fee 9.37 11.79 12.41 13.60 14.37 OPTION 3: INCLUDE PARKS&RECREATION IN A FUTURE LOCAL OPTION LEVY City Council is currently exploring options for correcting the imbalance between resources and expenditures citywide. One possibility is a voter-approved local-option levy to maintain funding for day-to-day city services. Most recently,the council was briefed on the first of several public surveys that will test the interest of Tigard voters in a local option levy. The survey showed that 96%of respondents think we do a great job. However,more than 50%of respondents believe the city has enough resources to provide the services they value. The results of the second survey indicate that police and public safety are the top priority for voters when it comes to maintaining service levels, but Parks&Rec is also important to many voters. Council and the Budget Committee will have the opportunity to discuss the potential for a levy later this year. Additional funding for Parks &Rec could be included in such a levy. OPTION 4: INCREASE THE PARF BY ANNUAL INDEX AND ACCEPT A LOWER LEVEL OF SERVICE In this option,the PARF goes up by the index each year and general fund contribution remains constant. This option will result in insufficient resources to meet the needs of Parks &Rec. Because council made it a goal to increase the Recreation Program each year in accordance with the five-year plan recommended by MIG, staff assumes the real impact of Option 4 will be to park maintenance. City of Tigard Page 15 PARKS AND RECREATION FEE REPORT Lower Level of Service Park Impacts Our park staff have already begun lessening their work effort on the lowest level of parks first. Starting with the Type 4 park areas (open spaces and undeveloped parks),they visit these areas less frequently. What this means is that staff must become less proactive and become more reactive. For our customers this means that elements like invasive species treatment (blackberry,ivy,etc.), hazard tree detection and soft trail maintenance are falling behind and would continue to do so. Residents will also see less mowing within Type 3 parks,including less pruning of vegetation along trails.This will eventually result in overgrowth and lead to decreased safety for trail users. Additional consequences include:less proactive tree pruning in developed areas;less frequent mowing;delayed replacement of signage;less frequent leak detection for irrigation systems;and less weed removal. Option 4 will lead to degradation of park and trail system quality and public safety which runs counter to the city's strategic vision. Conclusion and Recommendation Adequate funding for the Parks and Recreation Program is vital. This program is the foundation for development of the city's strategic plan. Our residents have shown by their survey responses that they appreciate and value our park and trail systems. Our residents believe that we perform very well for this core service. Further,residents have told us that they appreciate the new Recreation Program and are asking for more offerings in classes and special events like the Egg Hunt and Movies in the Park. The Parks and Recreation Program is critical to meeting the city's goal of becoming the most walkable city in the Pacific Northwest. Given the underfunded status of Parks &Rec currently and into the future,combined with the uncertainty of a levy outcome,staff recommends council consider Options 2B through 2D described above. Selecting one of these choices will provide adequate funding for the program, beginning next fiscal year. In the meantime, the council could also explore the option of placing Parks &Rec within a future local option levy. Should Parks&Rec be included in a levy,and if that levy passes,the council could then choose to eliminate the Park and Recreation Fee. Page 16 City of Tigard PARKS AND RECREATION FEE REPORT Appendix A: Level of Service by Park Type Park Type 1 Parks in Type 1 include large community parks (Cook),irrigated parks,parks with restroom buildings,and specialized parks like skate parks and dog parks.This level maintains the parks at a standard sufficient to ensure a well-kept appearance and a sense of civic pride. c i1 . ,t2' 11 _ !t, —+iioee ------ • Garbage/Trash:picked up at least twice per week and up to seven times per week at heavily used parks. • Restrooms:cleaned daily except for winter holidays. Repairs and painting as needed. • Vandalism and graffiti:repaired or cleaned up within one business day of its discovery. • Irrigated lawns:mowed weekly March through October,and as needed November through February. o Two applications of fertilizer per year,aeration two times per year,over-seeding in high traffic areas,treat for broadleaf weeds. o Edging performed twice monthly during mowing season along concrete paths/curbs,tree wells,shrub beds,fence lines,etc. • Maintain formal ball fields:drag infields,repair fencing/gates,infield lip reduction,soccer goals and nets. Mow twice per week during playing season,fertilize four times,soil test and add lime as needed for proper pH,top dress with sand two times per year,over seed at least once per year and as needed in wear areas,aeration four times per year. • Maintain picnic shelters:pressure wash shelter and tables twice per year. Re-paint or stain shelter posts and beams as needed. Prepare for and clean up after reservations—approximately 400 per year. • Playgrounds: formally inspected monthly and repairs made as needed;wood fiber added yearly or as needed.Wood fiber raked/leveled at least weekly or as needed. • Blow off hard trails:repair asphalt and concrete. Add wood chips to soft trails and gravel to trails as needed. Maintain at least two feet horizontal clearance and eight feet vertical clearance to established trails. • Irrigation systems:turned on and checked for leaks and proper function in early May.Adjust irrigation run times and fix problems as needed. • Weed tolerance:not acceptable in formal beds or developed areas. Use mechanical and chemical controls as needed. City of Tigard Page 17 PARKS AND RECREATION FEE REPORT • Prune and replace shrubs and trees:as needed,apply fresh bark dust yearly to formal bed areas. Deadhead rhododendron garden. • Leaf pick up:weekly on formal turf and garden areas from October through December. • Maintain parks amenities:fountains turned on/off and repaired.Fences,bridges,benches,signs, gates,etc.repaired and/or replaced. • Maintain parking lots: striping,curbs,etc. Park Type 2 These are developed/improved properties that often include play equipment and ADA access,but have no irrigated turf,reserved shelters or plumbed restrooms. Maintenance for Type 2 is focused on ensuring the park remain clean and safe,while forgoing more specialized and customized care. Maintenance issues and concerns are evaluated on a case-by-case basis,with safety items receiving highest priority. • • Garbage/Trash:picked up one to three times per week. • Vandalism and graffiti:repaired or cleaned up within one business day of its discovery. • Blow off hard trails:repair asphalt and concrete as needed. Add wood chips to soft trails and gravel to trails as needed. Maintain at least two feet horizontal clearance and eight feet vertical clearance to established trails. • Restrooms:portable restrooms provided and serviced by a contractor. Staff members monitor cleanliness on a weekly basis. • Maintain picnic shelters:pressure wash shelter and tables twice per year. Re-paint or stain shelter posts and beams as needed. • Playgrounds: formally inspected monthly and repairs made as needed;wood fiber added yearly or as needed.Wood fiber raked/leveled at least weekly or as needed. • Maintain parks amenities:fountains turned on/off and repaired. Fences,bridges,benches, signs,gates, etc.repaired and/or replaced. • Weed and invasive species tolerance:goal is for bed areas to be generally free of weeds for appearance. Weeds will not be allowed to out-compete desirable landscape plants.Invasive plants will be eradicated. • Prune and replace shrubs and trees:as needed,apply fresh bark dust yearly to bed areas. • Leaf pick up:monthly on turf and garden areas from October through December. • Maintain parking lots: striping,curbs,etc. Page 18 City of Tigard PARKS AND RECREATION FEE REPORT Park Type 3 This type of park has open space and some developed areas that may include asphalt or chip trails. Usage may be low or transitory and there may be signage and trash cans. Maintenance issues and concerns are often initiated by inspections and citizen concerns,with safety issues receiving highest priority. This level also includes undeveloped areas that we field mow. _i A,,,- v10, QP. .,t�. 1.110 .0.0;404e214 ilr • Garbage/Trash:picked up one to three times per week,especially at trailheads and intersections. • Homeless camps:cleaned up after 48 hour notices given by PD. • Field mowing:takes place as needed to avoid fire hazards and to comply with city code. • Blow off hard trails:repair asphalt and concrete as needed. Add wood chips to soft trails and gravel to trails as needed. Maintain at least two feet horizontal clearance and eight feet vertical clearance to established trails. • Prune shrubs and trees:along trails for clearance and safety. • Maintain parks amenities: fountains turned on/off and repaired.Fences,benches, signs,gates,etc. repaired and/or replaced. Bridge and culvert repair and maintenance are a priority on trails. • Weeds and invasive species tolerance:invasive plants are eradicated and efforts will be made to establish native species in open species. • Hazard trees:assess and remove as needed. • Encroachment or misuse:of lands are dealt with by code enforcement and or PD. Park Type 4 This type of park includes undeveloped areas and open space. Type 4 parks may have adjacent development (108 Trail area @ Cook). Maintenance issues and concerns are primarily initiated by citizens and periodically initiated by inspections. Occasional spikes in maintenance will occur during habitat restoration activities and for hazard tree issues. A. 7 � .. 4 Ste. .Y <74:4 'xk "fi City of Tigard Page 19 PARKS AND RECREATION FEE REPORT • Garbage/Trash:picked up as needed. • Homeless camps:are cleaned up after 48 hour notices given by PD. • Vandalism and graffiti:repaired or cleaned up within one business day of its discovery. • Hazard trees: assess and remove as needed. • Weeds and invasive species tolerance:invasive plants are eradicated and efforts will be made to establish native species in open species. Page 20 City of Tigard PARKS AND RECREATION FEE REPORT Appendix B: Parks Maintenance Budget Forecast The Parks Maintenance(O&M) Budget forecast was created utilizing the below listed data. Staffing 1. Number of acres,per employee Park Type Acres Acre/FTE Type 1 12 Acre/FTE Type 2 36 Acre/FTE Type 3 100 Acre/FTE Type 4 150 Acre/FTE 2. Evaluation of current staffing need vs. available staffing: Total Staffing Need Total O&M Acres Acres/FTE FTE Needed Current FIE Recreation Steri (Current): Start Needed Type 1 134.95 12 11.25 Type 2 29.56 36 0.S2 Type 3 223.-4 100 2.24 Type 4 160.35 150 1.0- Total: 548.00 15.37 12.17 (1.50) 4.70 a. Budget package request in FY 2017-18 was for two staff members and one seasonal employee.This package was not approved. b. Future staffing need includes asking for this package again in next year's budget process (FY 2018-19) and assumes approval. c. Adding three employees will allow Parks Maintenance staffing to align more closely with the needed staffing level. 3. Future staffing needs evaluation-next five years Acreage Increases By Parks Type 2017-18 2018-19 2019-20 2020-21 2021-22 Type 1 134.95 134.95 138.53 142.33 159.33 Type 2 29.56 119.59 116.48 116.48 116.48 Type 3 223.74 134.71 162.72 162.72 162.72 Type 4 160.35 160.35 159.88 159.88 159.88 Acreage Per Year 548.00 550.00 578.00 580.00 597.00 Net Acreage Increases 201--18 2018-19 2019-20 2020.21 2021-22 Total Increase Calculated FTE Needed By By Parks Type Parks Type Type 1 0 0 3.38 3.8 1- 24.38 2.0 Type 2 0 90.03 -3.11 0 0 86.92 2.4 Type 3 0 -89.03 28.01 0 0 -61.02 (0.6) Type 4 0.58 0 -0.4 0 0 1.11 0.0 Total: 0.58 1.00 28.01 3.80 17.00 50.78 3.84 City of Tigard Page 21 PARKS AND RECREATION FEE REPORT • 4. FTE Requested—Next Five Years a. Three employees are requested in FY 2018-19—this will bring staffing to a level closer to concurrent with acreage needs. b. Three additional employees are requested in FY 2020-21 to meet level of service standards for the 50 additional acres of park land that will come into the system between fiscal years 2017 and 2022. c. These two requests will add six total employees to the Parks Maintenance Program. d. With these increases,the program will still be slightly understaffed to maintain the level of service standard but will be able to continue operations in an adequate manner. Budget Packages: 1. For reference,the FY 2017-18 requested budget includes requests for: a. Increase of$224,000 for replacement of seven pieces of Parks Maintenance equipment. This request was partially approved for$64,000.This manufacturing age of the equipment in this request ranges from 1989 to 2003. b. The remaining$160,000 requested in this budget package has been added,in equal parts,to each budget projection for the next four years. 2. Increase of$150,000 for replacement of six Parks Maintenance vehicles.This request was partially approved for$37,500. These vehicles range in age from 1994 to 2002 and are used daily. a. The remaining$112,500 requested in this budget package has been added,in equal parts,to each budget projection for the next four years. 3. The FY 2017-18 budget excluded requests for: a. Increase of$186,840 to cover needed Parks Operations &Maintenance workers and associated equipment. This request was not approved. i. This request included: 1. Senior Utility Worker-$77,000 2. Utility Worker II -$34,000 3. Associated personnel costs -$2,840 4. Seasonal Worker&associated cost-$18,000 5. Riding Mower-$20,000 6. Trailer- $10,000 b. Reflected in requested budget for FY 2018-19. Page 22 City of Tigard PARKS AND RECREATION FEE REPORT Appendix C: Recreation Program Budget Forecast Budget Packages: 1. For reference, the FY 2017-18 Recreation Program Budget includes request(s) for: a. An increase of$62,000 for the Recreation Program.This request was approved. This request provides for .35 F 1'E,$12,000 to be used to hire recreation aides,and $25,000 to grow the programs resources. 2. For reference, the FY 2017-18 Recreation Program Budget excludes request(s)for: a. An increase of$37,500. This request was not approved. This request would have provided $37,500 to fund a partnership with the Tigard Basketball Association. Budget Detail: 1. Fiscal Year 2017-18 (Current Proposed Budget) 2017-18 Proposed Budget 'Personnel Adminstartive Specialist $54,340.00 Recreation Coordinator $93,281.00 Recreation Aides $12,000.00 Recreation Planner $25,000.00 Recreation Aides $30,000.00 Rec Aide-Unemploy. $30.00 Rec Aide-Social $2,295.00 Rec Aide-Tri Met $220.00 Total: $217,166.00 Materials and Services Office Supplies $100.00 Vehicle Fuel $1,000.00 Janitorial Services $3,000.00 TRK $10,000.00 Budget request $25,000.00 Guide/Contracts/ Supplies $87,352.00 Repair&Maintenance $1,500.00 Parks&Rec uniform $150.00 Rec. Event services $10,000.00 Total: $138,102.00 Total $355,268.00 2. For the following fiscal years,the Recreation Program budget increases by percentages between 15 percent and 10 percent of the prior year's budget. a. NOTE: These estimates do not account for the revenues that the Recreation Program will generate in future years.As these revenues are moved from the General Fund into the Parks and Recreation Fund and applied to the Recreation Program,the city will be able to track these revenues.These revenues will offset the expenditures in the Recreation Program. City of Tigard Page 23 PARKS AND RECREATION FEE REPORT 3. Fiscal Year 2018-19 the budget increase is 15 percent to account for the additional of additional communications materials and recreation coordination employees. 2018-19 Proposed Budget Personnel Total: $249,740.90 Materials and Services Total: $158,817.30 Total $408,558.20 4. Fiscal Year 2019-20 the budget increases by 10 percent to allow for program growth. 2019-20 Proposed Budget Personnel $274,714.99 Materials and Services $174,699.03 Total $449,414.02 5. Fiscal Year 2020-21 the budget increases by 10 percent to allow for program growth. 2020-21 Proposed Budget Personnel $302,186.49 Materials and Services $192,168.93 Total $494,355.42 6. Fiscal Year 2021-22 the budget increases by 10 percent to allow for program growth. 2021-22 Proposed Budget Personnel $332,405.14 Materials and Services $211,385.83 Total $543,790.96 Page 24 City of Tigard PARKS AND RECREATION FEE REPORT Works Cited City of West Linn. (2016).Adopted 2016-17 Biennial Budget.West Linn: City of West Linn. City of West Linn. (2016). City of West Linn Master Fees and Charges FY 2017 (effective July 1,2016).West Linn:City of West Linn. City of West Linn. (2017,4 28). Quick Facts about West Linn.Retrieved from westlinnoregon.gov: westlinnoregon.gov/maps/gis-quick-facts-about-west-linn National Recreation and Park Association. (2016). 2016 NRPA Field Report.Ashburn:NRPA. National Recreation and Park Association. (2017,4 28).NRPA Agency Performance Review:Budget. Retrieved from nrpa.org: https://www.nrpa.org/publications-research-papers/agency-performance- review/budget/ City of Tigard Page 25 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done N . "I TIGARD Parks and Recreation Fee Report T1c -t-vN $ r rn � o *- z Public Works I May 16, 2017 trl CZ r 0-3 1- ° CITY OF TIGARD Presentation Objectives The Parks and Recreation Fee was established by ordinance and implemented on April 1, 2016. / Parks and Recreation Fee ( PARF) overview / Level of Service ( LOS) standards / Updates to the five-year forecast / Options for funding the five-year forecast / Recommendations . , , ( 1 I ( ) 1 . 1 I ( , \ I I ) Parks Maintenance Level of Service ..._...„3/4, eg..„.. ....„._r''''N 4 ..,.• '''',:'"' '". * . ' 'f'"; ''. ',04...t.', I • .. _ , . , , ..., •• V.- -71 dmi-sr' ' '''-'-., '''...1 ='. , •-: / ' ?‘-.4:,--4411. cl ! .4 ' ( -. . .,03-/ 1,.1 3- I ; 1 1.4 it , , • I *- 11-1," L .., _ „7- 1.1 1 i I 1 i A ' m.. • .. - • A 11 Aft' •, Oil . i I if iii. 1 .. ... .• • I Ali I CITY OF TIGARD Level of Service Comparison Table 2. Parks Comparison (National Average,Tigard and West Linn) MEASURE NATIONAL AVERAGE TIGARD WEST LINN Jurisdiction Population 40,100 50,444 25,540 1 Park Acreage 9.6 acres/1,000 residents 548 547 2 Staff FTE 7.3 staff members/10,000 12.17 21.65 2 residents Program Budget $3,501,000 $2,510,194 $3,572,000 2 $3.75 per residential $13.66 per residential Park Fees equivalent dwelling unit household, and $12.97 and $7.00 for commercial per multi-family accounts household 3 Notes: 1. (City of West Linn, 2017) 2. (City of West Linn, 2016, p. 86) 3. (City of West Linn, 2016, p. 6) CITY OF TIGARD Updates to the Five-Year Forecast Plan Parks Maintenance Figure 1. Parks Maintenance Program Five-Year Budget Forecast Parks Maintenance Program Five-year Budget Forecast $4,000,000 $3,500,000 $3,000,000 t. $2,500,000 $2,000,000 $1,500,000 Eo $1,000,000 $500,000 $0 2017-18 2018-19 2019-20 2020-21 2021-22 Fiscal Year I ( )1 I l 1 C ; \ R 1 ) Recreation Program Level of Service Expand Recreation Opportunities for the People of Tigard. IT Y OF TIGARD Updates to the Five-Year Forecast Plan Recreation Figure 2. Recreation Program Five-Year Budget Forecast Recreation Program Five-Year Budget Forecast $600,000 $500,000 ao $400,000 $300,000 H $200,000 $100,000 $0 2017-18 2018-19 2019-20 2020-21 2021-22 Fiscal Year i � i a �� 1.. 1) Updates to the Five-Year Forecast Plan Figure 3. Parks Maintenance and Recreation Five-Year Budget Forecast Parks Maintenance and Recreation Five-Year Forecast $4,000,000 ■Recreation Program •Parks Maintenance $3,500,000 $3,000,000 -I $2,500,000 $2,000,000 o $1,500,000 $1,000,000 $500,000 $0 2017-18 2018-19 2019-20 2020-21 2021-22 Fiscal Year ITY OF TIGARD Options for Funding Figure 6. Option 2B: 80/20 Funding Split Option 2B: 80/20 Funding Split $4,500,000 $14 S4,000,000 51 S3,500,000 $3,000,000 S10 $2,500,000 $8 $2,000,000 $6 as $1,500,000 $4 c2 $1,000,000 $500,000 $2 $0 $0 2017-18 2018-19 2019-20 2020-21 2021-22 20% - General Fund 502,039 634,666 670,794 738,393 783,513 WM 80% Parks &Recreation 2, J8 155 2,538,666 2,683,177 2,953,573 3,134,053 Fee Revenue Parks & Recreation Fee 7.50 9.44 9.93 10.88 11.49 CITY OF TIGARD Options for Funding Figure 7. Option 2C: PARF increases, General Fund remains constant Option 2C: PARF Increases, General Fund Remains Constant X4,500,000 S10 $4,000,000 S9 S3,500,000 S8 53,000,000 t, , _ S7 S6 52,500,000 a , .: S5 cu S2,000,000ill w S4 r S1,500,000 $3 51,000,000 a `` S2 .." $500,000III S1 $0 SO 2017-18 2018-19 2019-20 2020-21 2021-22 General Fund Contribution 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 ass Parks & Recreation Fee Re�-crea 1,010,194 1,673,332 1,853,971 2,191,966 2,417,566 enu—Parks & Recreation Fee 3.77 6.22 6.86 8.07 8.86 C I T ' O i . Options for Funding Figure 8. Option 2D: PARF covers 100% of Parks& Recreation PARF coveis 10V o of Pails & Recreation $4,500,000 $16 $4,000,000 $14 $3,500,000 $12 S3,000,000 $10 $2,500,000 $8 (u $2,000,000 $6 $1,500,000 $1,000,000 $4 $500,000 $2 $0 $0 2017-18 2018-19 2019-20 2020-21 2021-22 MEI Parks &Recreation Budget 2,510,194 3,173,332 3,353,971 3,691,966 3,917,566 Parks & Recreation Fee 9.37 11.79 12.41 13.60 14.37 ( . I T V () F '1 1 ( ; .\ 1: 1) PARK RD °CITY ., , i i ;ON0IFTATIGA . _ .., \ ' le i 1 OW , \ ' i. . 0"...4% ',. .- ••• ,,' l' -% — - - . --I D - . ...,.. ......_ .... ._ , . . . . . .. , .... i " rig: Viir dor • A ......• ' • • • `' -- - . . . , . ,;,*:•.,„ '',- ' .."` 71 _ .„,, •'.1 ITY OF TIGARD Conclusion and Recommendations Level of Service ( LOS) standards Updates to the five-year forecast Options for funding the five-year forecast Consider Options 2B-2D Questions? AIS-3079 3. Workshop Meeting Meeting Date: 05/16/2017 Length (in minutes): 30 Minutes Agenda Title: Downtown Public Space Discussion Prepared For: Sean Farrelly, Community Development Submitted By: Sean Farrelly, Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: City Center Development Agency Public Hearing: No Publication Date: Information ISSUE Discuss public space in Downtown Tigard. STAFF RECOMMENDATION / ACTION REQUEST Discuss current downtown Tigard public space projects and the Council goal on downtown public space. KEY FACTS AND INFORMATION SUMMARY Public plazas and urban green spaces have the potential to encourage a broader range of active and passive recreational uses in downtown and attract more residents and visitors to the area. Parks and Public Spaces are projects under the City Center Urban Renewal Plan. History of Downtown Public Space An early urban renewal effort, the Fanno Creek Park and Plaza Master Plan was adopted by the CCDA Board in 2008. The plan identified Fanno Creek park improvements and a large plaza at the Stevens Marine property. Questions later arose about the scale, feasibility and cost (including relocation) of the plaza plan, causing a reconsideration of the strategy. In 2011 the CCDA Board passed a resolution to consider additional sites for a downtown plaza. In 2010, voters approved the Tigard Park& Open Space Bond measure. It included provision for up to 10% of the proceeds to be spent on downtown park land acquisition and development (up to $1.7 million). Between 2011 and 2013 a number of downtown properties were investigated for purchase. An appraisal and preliminary planning were performed on one site, but the Agency could not come to terms on price with the owner. Current Projects From 2014-2017 Agency efforts were focused on creating smaller public spaces on Main Street. In 2014, the Main at Fanno (Saxony) property was purchased with park bond funds. The project will include a small public space together with a mixed use redevelopment. There are also concepts for public spaces near the brewpub and utilizing areas of the Main Street bridge. Design is about to start on the Tigard Street Heritage Trail which will include the approximately 10,000 square foot Rotary Plaza adjacent to Main Street, soon to be home to the new mid-week farmers market. Current visioning for a new Civic Center include plans for a public plaza. Principles of Successful Plazas Urban Strategist Michele Reeves, a past advisor on downtown issues, provided recommendations for a downtown plaza in a memo and a presentation to the CCDA Board. She recommended that a plaza should: •Be on a site on or near Main Street •Be appropriately sized to downtown Tigard •Be well framed with "walls" that are formed by a concentration of buildings, landscape, and active ground floor uses •Thoughtfully designed to create a place where people want to spend time. •Activated by fountains, play areas, kiosks, events and markets Tigard City Council Goals and Priorities for Council Attention and Action for 2017-19 included: Goal 3. Make Downtown Tigard a Place Where People Want to Be. Focus on identifying and acquiring property and developing the Downtown Plaza. •Design and develop Tigard Street Heritage Trailhead plaza as a gathering place and event space •Complete design and engineering for Main Street at Fanno Creek public space •Evaluate locations for other plaza/public space, including as part of Civic Center visioning Staff would like to discuss its current projects in light of the goal. OTHER ALTERNATIVES Discussion item- Not Applicable COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard City Council Goals and Priorities 2017-19 Goal 3: Make Downtown Tigard a Place Where People Want to Be Focus on identifying and acquiring property and developing the Downtown Plaza •Design and develop Tigard Street Heritage Trailhead plaza as a gathering place and event space •Complete design and engineering for Main Street at Fanno Creek public space •Evaluate locations for other plaza/public space, including as part of Civic Center visioning. City Center Urban Renewal Plan •Goal 4B: Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. DATES OF PREVIOUS COUNCIL CONSIDERATION May 6, 2014 Downtown Public Space Presentation by Michelle Reeves ---1 I ; City ofTigard Respect and Care I Do the Right Thing I Get it Done 0 Z H Q•, w n W O LLI _ w Downtown Public Spaces a4 cnw May 16, 2017 City Center City Center Development Agency Board CCDADevelopment City ofTigard Downtown Public Spaces • Plans • Recent History • Principles of Successful Public Spaces • Current Projects • Discuss and Clarify Council Goal City ofTigard City Center Urban Renewal Plan • Goal 4 B : Develop urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown . • Parks and Public Spaces are projects under the plan City ofTigard t Fanno Creek Park and Plaza v� �o , . New Bndye and i i� Q ��V' f Master Plan (2007-08) Bod4, y J ��///��,,,,,,CCC �} /-New Mi.ed Use �\ �,: �UplandPark < ` • CCDA Resolution identifies Stevens r ' - \\\> � ��, Marine property as "the" Plaza site ._rNew N N{nq \ d • CCDA Resolution adopted Master rre4Rrmenndrr '. , , ,,\ Plan in 2008 ` > la' `'ntg,"4 .Poont '` a , Fri r Frnture New Bn.Rwal4 \� f \ v iN • Questions about scale and feasibility '' �'' ' ,1 ; 1 \- --Lower Park (land costs including relocation) tn7rn,tr.nentA,.., ' } mr,, New P.nndw.s14 - �` caused reconsideration , ' J. f �tent0 _ i �� Wetland Mdigation Area T Relocated Bridge • • 2011 CCDA Resolution to consider ' • NewBrtdge ,�,'•, 17 Regional Trsl P xtdt additional sites for a downtown , .;,,V;, ;'!,. ` publicplaza ` .., '�� .. N. ,: ti. "` N.., City ofTigard Park Bond • 2010 Tigard Park & Open Space Bond Measure approved by voters. Included up to 10% for downtown park land acquisition and development (up to $1.36 million for acquisition, $340K for development) • 2011-2013- Investigated a number of downtown properties for purchase. Did appraisal and preliminary planning on one site, but could not come to terms on price. • Challenge to find the right property at the right price. City ofTigard 2014-2017: Focus on creating smaller public spaces on Main Street • 2014- Main at Fanno (Saxony) property purchased with park bond funds. Project will include a small public space together with mixed use redevelopment. • 2017- Tigard Street Heritage Trail will include Rotary Plaza, approximately 10,000 s.f. Will be the home to new mid-week Farmers Market. • Strolling Street Grants- Sidewalks and streets are public spaces too City ofTigard Michele Reeves Recommendations for Downtown Plaza oi' ,„'' k `i SITE NAMES ,. 04 4110* 1. Car Wash 411111111111111111111N :, ^-30.000 Square Feet •�� ♦ 2. Dolan House —18.000 Square Feet it • ;� \, © 3. Ferguson y� :.`; r �;`iI —51,000 Square Feet Q litili- #� IV� 4. Miller&Ash Dog Park* s • e". 4 ,t, ��4..sv...>") —30.000 Square Feet !�►, 5. Wyatt •#* 7 —ao.000 square Feer ....*;›, .%,#* 6. Spohn 8 Former Zuber" #0,4\ —27.000 Square Feet 7. Johnson trit / \ —62.000 Square Feet 411 'These two named sites would be combined SITE CATEGORIES Main Street Sites Park Side Sites SW Burnham Sites Map of Potential Plaza Sites in Downtown Tigard City ofTigard Michele Reeves Recommendations for Downtown Plaza • Site on or near Main Street • Size appropriate to Downtown Tigard • Framing • Design • Activation City ofTigard Principles ofSuccessful Plazas • Framing - -� „- s. -it .. . ' ;, . ` - ` est. If I t 1 + __ ` t + ;Y .• i ia. :�• � I p err Jamison Square, Portland , G 0 U (� ,. # ' . City ofTigard Principles of Successful Plazas t. Nun ,14.,,.0 -.,.. ,._.. ..--- ,- . . --2-„..-:-., .-:--,-.k, f - L�� w - -.:Tt • Appropriate Size iUt 3 . 1 _ 7 E" Ai \ - '-� -- - — , u�. 1- 41016N. • Albe uer ue Civic Plaza { T_ _-,r+NI,..,eOMMINo .IO City ofTigard • • i• . t _ . tit . elk L 4. .:i" L NEIL • ilt i 'I ■ 7+ I dill Al ‘ lir,..— . . .461. It Ch r1. . _ _. •i.!ire L City ofTigard .. M Plaza Design - Size Comparison c _1 . r IHILLSBORO CIVIC CENTER #i. 28,000 SF MAIN PLAZA �s ! 11,600 SF SECONDARY PLAZA +ga ' ` 39,600 SF TOTAL 1 - , 1 i. 7 Y SCHEME 1 PLAZA SCHEME 2 PLAZA SCHEME3 PLAZA 1. % i 47,750 SF 55,580 SF 18,500 SF r ' —,.4 f kz• r% , PARKING ' k1. HANKER 0 14 ',)•- t UMMERCt±ACE fy{nlF / 7 u jl TIGARD TRAIL TIGARD MAIN STREET DIRECTOR PARK JAMISON SQUARE PLANNED PLAZA PLANNED PLAZA 6300 5F -- 1405 SF 20,000 SF 40,000 SF i City of Tigard Principles of Successful Plazas r♦ , 1 1 i . r< • .i I, '4(411 f ,'� .•�u • • Design •• i , it - r ,�' • ' ' ..fl •� C iP '1,. t. a' t t. M -'O'' ' M • :. . <:^.''.,-,?- .y t '�i-. ', 'j'1bF7p -if, f 'C� y s :•.•t 'r:. x. ..--�-I--. 'R %•4 :_.::144,.•1.1 "1'' ,V • i t1 .. r. -t •r ' j f+ y am. a. LL 4 . 'e. 1— • A• !- • .tea , .. 0,yp .- _ -IA Jamison Square, PortlandIli City ofTigard Principles ofSuccessful Plazas Igamo..,- -,..-7:3„... ! , . ___ ___ , s . .. 1 �----_ ski i r �� S ii .0 • Activation �� ;;� �— ' , yi ; 1 111111111-4 Vii! ..®i '1111 Wei :.:w :, - ' Fi 1 . • Will li ' it _ !!! I 1 1 . --/ •, 111141.4 ! .. ; "It,itto 111114 ik : 11 011 . -1. ' i — - _ 4 . fi. - imir „,,,,,,,, ,_ iiiii , , - 1 1, . 5, 'I, - . � ....„ _ .A r.4 �t Directors Park, Portland City ofTigard Current Projects City ofTigard Main Street/ Fanno Creek Public Space • Main/Fanno Public Deck Space • Main Street Bridge Public Space concept :� � , • Brewpub public space City ofTigard Tigard Street Heritage Trail/Rotary Plaza • Design starts this month i.... '- ,•,= - "' .,,,. �S -- R i• k t' ■ -.. ��WWW AO �. r 1 11:' �� • V ,.w�a ' r • xr q�y�°,. WELCOME - fi. ::. rr 1 r:- — _ f , * ..,,.. ...-,., . . . , . . . , City 0/Tigard ,. . ., .. .,„.. . Civic Center Visioning I._ 0..../. .1001044044014 '4•., - .•-0 ,,r,,'. ..'1... _,_-, ' Ilk -.,.• ,<Ikrilliiir-Ze — .- ) ----- I,I -..., / 'N. • .: ..---j1; :_-_,:;•,ilool-ok '' C:-.1"-'. ,•• ..„,„A . -- - . - \. •.. . . • k.:•,, . ... ', ,, . ... ...,... kr , 5,.... , , t, . ,, ,,,, .,..,, ,.. 9 ,. r 0. 11114166,x., . ,' \ k .. \\) _,e,,..... City ofTigard g Discuss and Clarify Council Goal Tigard City Council Goals and Priorities for Council Attention and Action for 2017-19 Goal 3. Make Downtown Tigard a Place Where People Want to Be. Focus on identifying and acquiring property and developing the Downtown Plaza. ✓ Design and develop Tigard Street Heritage Trailhead plaza as a gathering place and event space ✓ Design and engineering for Main Street at Fanno Creek public space ✓ Evaluate locations for other plaza/public space, including as part of Civic Center visioning AIS-3081 4. Workshop Meeting Meeting Date: 05/16/2017 Length (in minutes): 20 Minutes Agenda Title: Proposed After Business Hours Water Service Turn-on Fee Prepared For: John Goodrich Submitted By: John Goodrich, Public Works Item Type: Update, Discussion, Direct Meeting Type: Council Staff Workshop Mtg. Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Brief the council on implementing an "after hours water service turn-on fee". This would be a new type of fee within the master fees and charges schedule. STAFF RECOMMENDATION / ACTION REQUEST Staff is requesting council direction on implementation of a city service fee to provide after hours water service turn on. KEY FACTS AND INFORMATION SUMMARY Issue for Consideration: Council is asked to consider adding a new fee to the master fees and charges schedule for "After-hours water service turn on" to recover cost-of-service. This fee would apply to those customers that wish to receive restoration of water service after normal business hours. Responding after hours to provide this service to returning customers, such as "snowbirds" has a direct overtime impact to the Public Works Department budget. While the city encourages customers to schedule water service turn on prior to their arrival during normal business hours, some customers unfortunately forget to do so. Upon arrival, they call the city emergency services line requesting immediate restoration of water service. Under general utility practices, the city may charge a reasonable fee that ensures that the service is available during non-business hours, and that recovers most of the costs associated with providing this service. The customer can make a decision to wait until the next business day for water service, or may choose to request immediate service and pay the additional cost. The customer would have the choice. Council may wish to consider these questions regarding types of services and fees: •Should the city provide after-hours restoration of water service for returning customers to the area (snowbirds)? Should customers be required to wait for the next business day? •If the city does provide after-hours service to restore water, should an additional fee be applied to the customer billing? •Should the city provide after-hours services, including restoring water for returning customers, as part of normal utility service without any further fees applied? Additional Information: The city is the water provider for the Tigard water service area. This area includes most of Tigard, the cities of Durham and King City, and western portion of Washington County represented by Tigard Water District. Drinking water is provided to approximately 61,000 people using over 19,000 metered service connections. The city sets rates and charges to meet the revenue requirements of operations, maintenance, supply, and capital improvements. Generally, the city uses rates, fees, and charges to recover or offset cost-of-service business requirements. Staff periodically reviews services and fees within the water utility to ensure that cost-of-services are recovered. The city provides emergency customer services through the Public Works Department. The Public Works On Call (PWOC) Program provides after-hours emergency customer service, both for city and public customers regarding immediate problems related to water, sanitary, storm, streets, public safety, parks and city facilities that may affect public health, public safety, or loss of property caused by hazards or conditions within the city service boundary. This program does not provide general city business services after hours. The intent of the program is emergency customer service response or action. All other customer service needs are met by city offices during normal business hours. Providing after hour emergency response to our community results in direct overtime costs to the department. Generally, emergency situations are unforeseen by customers or the public, and providing this service is a normal and necessary utility practice. The current cost of personnel and vehicle use to respond to a customer request to restore water service is approximately $137 in overtime charges. Staff is recommending that council consider full or partial recovery of these extraordinary business services. Customers can avoid this fee by using normal city business hours to request services. Staff is requesting council, after the briefing on this issue, provide direction on moving forward to implement an additional services fee. OTHER ALTERNATIVES Council may direct staff to continue to provide after hour services with no cost recovery (normal business expense). Another option would be to not provide this extraordinary after hours business service, requiring customers to wait until the next business day for service. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS Tigard Municipal Code Chapter 3.32.020 - Authority, council shall have the authority to review and adopt by resolution rates for fees and charges reasonably related to the city's cost of service. Tigard Municipal Code Chapter 3.32.030 - Method of Determining Rates for Fees and Charges, rates shall be based upon the reasonably determined costs for service and shall be based upon estimates from the current or proposed municipal budget, including materials and services, and personnel costs. In no case shall the rate for fees and charges exceed the reasonable costs for the service or services provided. DATES OF PREVIOUS CONSIDERATION Council has not been briefed or taken action on this item before regarding bulk water or after hours water service turn-on fees. Fiscal Impact Cost: n/a Budgeted (yes or no): n/a Where Budgeted (department/program):Water Additional Fiscal Notes: This is an ancillary utility fee to recover cost of service for city action during non-business hours. The fee will not reduce or increase revenues significantly. The intent is to allow customers to determine if they wish to receive extraordinary service after hours, or wait until the next business day. It may also encourage customers to contact the city during normal business hours to restore water service. AIS-3092 5. Workshop Meeting Meeting Date: 05/16/2017 Length (in minutes): 20 Minutes Agenda Title: Discuss a Development Agreement with SD Deacon for Tigard Triangle Property Prepared For: Gary Pagenstecher, Community Development Submitted By: Gary Pagenstecher, Community Development Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE Shall Council approve a development agreement (Attachment) between SD Deacon Company and the City regarding redevelopment of property in the Tigard Triangle (Exhibit 1), which will be subject to the new development code provisions of the Tigard Triangle District Plan when adopted later this year? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends that Council consider the request and find that the proposed two-phase development proposal is not in conflict with the provisions of the development code, results in a significant extension of the regional multi-modal trail to serve the Tigard Triangle, and provides assurances to the developer that support redevelopment of the site. If acceptable as proposed, or as Council may wish to amend, the Development Agreement is scheduled for action by Council at the June 27, 2017 Business Meeting. KEY FACTS AND INFORMATION SUMMARY Deacon Development Company is redeveloping their Triangle Pointe property, which includes the old Farmers Insurance building and a large parking lot on two parcels. A Development Agreement is proposed to provide a bridge between parking lot redevelopment under the current code and development of a new office building expected under the new Tigard Triangle code. The applicant is principally concerned that the currently allowed Non-accessory parking will continue to be a conforming use after the effective date of the new code. In addition, the applicant is proposing an extension of the regional multi-modal path through their site by providing a public access easement and construction of improvements (Exhibit 2). Phase I development (parking lot reconfiguration and access improvements, recording of the public access easement, trail improvements and vegetated corridor enhancements) is represented by Site Development Review application SDR2017-00001, currently under review. Phase II development of an office or mixed use building is expected to be processed under the new Mixed Use Triangle (MUT) process and development standards after the effective date of the new code and zoning for the Tigard Triangle. OTHER ALTERNATIVES Approve an amended Development Agreement. Not approve the Development Agreement. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Contributes to implementation of Tigard's Strategic Plan Goal of becoming the most walkable city in the Pacific Northwest. DATES OF PREVIOUS COUNCIL CONSIDERATION None. Attachments Development Agreement Exhibit 1 Site Map Exhibit 2 Trail Easement After recording return to: Michael C. Robinson Perkins Coie LLP 1120 NW Couch Street, Tenth Floor Portland, OR 97209-4128 NON-STATUTORY DEVELOPMENT AGREEMENT between CITY OF TIGARD, OREGON, and TRIANGLE POINTE, LLC and TRIANGLE POINTE TWO, LLC This Development Agreement ("Agreement") is made and entered into this day of , 20_ by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon ("City"), and TRIANGLE POINTE, LLC, and TRIANGLE POINTE TWO, LLC Oregon limited liability corporations (the "Developers") pursuant to the City's home rule authority and is not a statutory development agreement under ORS Chapter 94. The City and Developers are referred to jointly in this Agreement as the "Parties" and individually as a "Party," as the case may be. RECITALS A. Developers are the owners of that real property (the "Property") generally located south of SW 68th Parkway, east of 1-5 and north of Oregon Highway 217. The Property location is shown on Exhibit 1. The Property is in the area referred to as the "Tigard Triangle." 1 of 12 130510575.9 B. The Property is subject to the City's acknowledged Comprehensive Plan and land use regulations now in effect. The Property is zoned Mixed Use Employment ("MUE"). C. The current land use regulations impose a floor area ratio ("FAR") maximum of .4 on the Property. Tigard Community Development Code ("TCDC") 18.520.050.C.1. The City proposes to amend the land use regulations to eliminate the FAR requirement in the Tigard Triangle. Further, the land use regulations currently allow off-street parking ratios that allow the Developers adequate and necessary off-street parking on the Property, including non-accessory parking. The proposed off-street parking land use regulations may prohibit redevelopment of the off-street parking area with off-street parking spaces and non-accessory parking. If the Developers submit a land use or limited land use after the effective date of the proposed land use regulations, Developers will not be able to develop the Property as intended. D. Developers propose to redevelop the Property. The redevelopment will include a revised off-street parking area, including non-accessory parking, a new office building that will exceed the currently allowed FAR, and a regional trail extension in lieu of the extension of a public road across the Property. E. The City proposes to amend the land use regulations to provide "walkability" requirements, which may require Developers to dedicate right-of-way or easements in favor of the public for a regional trail extension and which would make it difficult for Developers to develop the Property as intended. F. The City and Developers acknowledge that if Developers proceed with a Site Development Review ("SDR") application now, they could redevelop the Property and construct a new office building, maintaining the approved number of off-street parking spaces but subject to the .4 FAR limitation, without being subject to the proposed walkability requirements. The City and Developers desire to allow phased redevelopment of the property as appropriate under the proposed land use regulation requirements in order to allow the proposed office building to be greater than the current FAR allowed, to allow pre-existing non-accessory parking, and to provide walkability requirements not now legally required to be provided by Developers. G. Non-accessory parking is currently a permitted use. The proposed land use regulations may treat non-accessory parking as a pre-existing use. The Project is unlikely to proceed without assurance that non-accessory parking will be allowed to continue pursuant to the proposed land use regulations as a pre-existing use. 2 of 12 130510575.9 H. The Property contains a stream adjacent to its north boundary. The stream is regulated by Clean Water Services ("CWS"). The Developers intend to make certain beneficial improvements to the riparian area adjacent to the stream as part of its redevelopment of the Property. I. The purpose of this Agreement is to allow Developers to develop the Property consistent with this Agreement and applicable TCDC requirements and to provide to the public a regional trail extension. Therefore, the City and Developers enter into this Development Agreement to provide for such mutually beneficial improvements. AGREEMENT In consideration of the mutual promises and performance obligations of each Party as set out in this Agreement, City and Developers hereby agree to the following terms and conditions and respective obligations: 1. Development Applications. Developers intend to submit two (2) applications for redevelopment of the Property. The first, a site development review application pursuant to the existing TCDC (the "Phase 1 SDR Application"), shall consist of the building footprint area for the new office building on tax lot 2S101DA02300 to eventually allow a .54 FAR office building, parking lot improvements on both tax lots, including non-accessory parking, the regional trail extension (a public pedestrian pathway) and stream improvements, all as described in this Agreement. The public pathway improvements shall be constructed in Phase 1. The second application, as required by the TCDC in effect at the time of the application, (the "Phase 2 Application") shall consist of the .54 FAR office building application. The building footprint, FAR, use, parking quantity, and site design may be allowed to change, subject to the TCDC requirements in effect at the time. 2. Walkability Requirements. Developers agree to include a pedestrian pathway as the regional trail extension in the Phase 1 SDR Application and to install a pedestrian pathway located in a non-exclusive public easement, as shown in Exhibit 2. To provide walkability on the Property, the pedestrian pathway will consist of concrete and shall be ten feet (10') wide in a ten feet (10') wide public easement. The Developers shall record a non-exclusive easement in favor of the public over and 3 of 12 130510575.9 across the pedestrian pathway so that the pedestrian pathway will be open to any person for pedestrian or bicycle purposes. The pedestrian pathway will not be classified as a "sidewalk." The pedestrian pathway will connect to the existing regional trail located at the southeast corner of the Property. 3. Stream Improvements. Developers agree to improve the riparian area adjacent to the stream located adjacent to the north boundary of the Property by, at minimum, removing invasive species, and all such improvements shall be consistent with applicable City and CWS requirements. Such improvements shall be included in the Phase 1 SDR Application. 4. Non-Accessory Parking. 4.1 In consideration of Developers' commitments under this Agreement, the City agrees to allow approved non-accessory parking on the Property to continue as a pre-existing use and approval shall run with the land. 4.2 Notwithstanding any other provisions of the TCDC, for those developments which include non-accessory parking as a permitted use and for which a Site Development Review permit application was submitted prior to the effective date of the TCDC and later approved, the non-accessory parking shall be treated as a pre-existing use, pursuant TCDC. 5. Nature of Agreement. The City hereby confirms that it can approve and execute this Agreement pursuant to its home rule charter and not pursuant to ORS 94.504 et seq., and does further confirm that this Agreement does not constitute or concern the adoption, amendment, or application of the Statewide Planning Goals, a comprehensive plan provision, or a land use regulation. The City and Developers acknowledge and agree that Developers shall obtain any and all land use approvals required for the Project in due course in accordance with all applicable laws and regulations pursuant to the terms of this Agreement. Specifically, the Parties agree that approval and execution of this Agreement does not annex, zone, divide, or grant any other land use approval for the Property or the Project and does not impinge upon the City's future review of Developers' applications for the Project. The Parties further agree that each Party has the authority to adopt this Agreement outside of ORS Chapter 94 and the adoption of this Agreement is not, nor does it establish, a Local Improvement District. 4 of 12 13051075 9 6. Compliance with all Local and State Laws. 6.1 In carrying out this Agreement, the Developers shall follow and comply with all other applicable local and state laws, including any requirement that state law may place on the Developers to pay prevailing wages for construction of the improvements required by this Agreement. 6.2 The City agrees that this Agreement may be used as evidence to support a finding of adequacy for public improvements as required by applicable provisions of the Tigard Municipal Code, Title 18, "Land Development Code" for subsequent land use, limited land use, expedited land divisions, permits and zoning map amendments for the Project. 6.3 The parties agree that this Agreement is not inconsistent with current TCDC requirements. 7. Assignability of Agreement. This Agreement shall be not be assigned by the Developers, in whole or in part, absent the written approval of the City, which shall not be unreasonably withheld. The terms and conditions contained in this Agreement shall, subject to the provisions of this section, apply to and bind the heirs, successors, personal representatives, and assigns of the Parties hereto. 8. Remedies. Each Party shall have all available remedies at law or in equity to recover damages and compel the performance of the other Party pursuant to this Agreement. The rights and remedies afforded under this Agreement are not exclusive and shall be in addition to and cumulative with any and all rights otherwise available at law or in equity. The exercise by either Party of any one or more of such remedies shall not preclude the exercise by it, at the same or different time, of any other such remedy for the same default or breach or of any of its remedies for any other default or breach by the other Party, including, without limitation, the right to compel specific performance. 9. Miscellaneous Provisions. 9.1 Notice. A notice or communication under this Agreement by either Party shall be in writing and shall be dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by either personal delivery or nationally-recognized overnight courier (such as UPS or Federal Express) or by facsimile transmission, and 5 of 12 1305105750 9.1.1 In the case of a notice or communication to Developers, addressed as follows: Ryan Schera Triangle Pointe, LLC 901 NE Glisan Street, Suite 100 Portland, OR 97232 Ryan Schera Triangle Pointe Two, LLC 901 NE Glisan Street, Suite 100 Portland, OR 97232 With copy to: Michael C. Robinson Perkins Coie LLP 1120 NW Couch Street, Tenth Floor Portland, Oregon 97209-4128 9.1.2 In the case of a notice or communication to City, addressed as follows: Marty Wine City Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 With copy to: Shelby Rihala City Attorney Jordan Ramis PC 2 Centerpointe Drive, 6th Flr. Lake Oswego, OR 97035 or addressed in such other way in respect to a Party as that Party may, from time to time designate in writing dispatched as provided in this section. 9.2 Headings. Any titles of the sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 6 of 12 130510575.9 9.3 Counterparts. In the event this Agreement is executed in two (2) or more counterparts, each counterpart shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Waivers. No waiver made by either Party with respect to the performance, or manner or time thereof, of any obligation of the other Party or any condition inuring to its benefit under this Agreement shall be considered a waiver of any other rights of the Party making the waiver. No waiver by the City or Developers of any provision of this Agreement or any breach thereof shall be of any force or effect unless in writing; and no such waiver shall be construed to be a continuing waiver. 9.5 Time of the Essence. Time is of the essence under this Agreement. 9.6 Choice of Law. This Agreement shall be interpreted under the laws of the State of Oregon. 9.7 Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Oregon, the period shall be extended to include the next day which is not a Saturday, Sunday, or such a holiday. 9.8 Construction. In construing this Agreement, singular pronouns shall be taken to mean and include the plural and the masculine pronoun shall be taken to mean and include the feminine and the neuter, as the context may require. 9.9 Severability. If any clause, sentence or any other portion of the terms and conditions of this Agreement becomes illegal, null or void for any reason, the remaining portions will remain in full force and effect to the fullest extent permitted by law. 9.10 Place of Enforcement. Any action or suit to enforce or construe any provision of this Agreement by any Party shall be brought in the Circuit Court of the State of Oregon for Washington County, or the United States District Court for the District of Oregon. 9.11 Good Faith and Reasonableness. The Parties intend that the obligations of good faith and fair dealing apply to this Agreement generally and that no negative inferences be drawn by the absence of an explicit obligation to be reasonable in any portion of this Agreement. The obligation to be reasonable 7 of 12 130510575.9 shall only be negated if arbitrariness is clearly and explicitly permitted as to the specific item in question, such as in the case of a Party being given "sole discretion" or being allowed to make a decision in its "sole judgment." 9.12 Condition of City Obligations. All City obligations pursuant to this Agreement which require the expenditure of funds are contingent upon future appropriations by the City as part of the local budget process. Nothing in this Agreement implies an obligation on the City to appropriate any such monies. 9.13 Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the Parties agree to cooperate in defending such action. 9.14 Enforced Delay, Extension of Times of Performance. In addition to the specific provisions of this Agreement, performance by any Party shall not be in default where delay or default is due to war; insurrection, strikes, riots, floods, drought, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities other than the City, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation, litigation or similar bases for excused performance which is not within reasonable control of the Party to be excused. 9.15 Other Necessary Acts. Each Party shall execute and deliver to the other all such further instruments and documents and take such additional acts (which, in the case of the City, shall require adopting necessary ordinances and resolutions) as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Parties the full and complete enjoyment of rights and privileges hereunder. 9.16 Entire Agreement. This Agreement constitutes the entire agreement between the Parties as to the subject matter covered by this Agreement. 9.17 Interpretation of Agreement. This Agreement is the result of arm's length negotiations between the Parties and shall not be construed against any Party by reason of its preparation of this Agreement. 9.18 Capacity to Execute; Mutual Representations. The Parties each warrant and represent to the other that this Agreement constitutes a legal, valid, and binding obligation of that Party. Without limiting the generality of the foregoing, each Party represents that its governing authority has authorized the 8 of 12 130510575.9 execution, delivery, and performance of this Agreement by it. The individuals executing this Agreement warrant that they have full authority to execute this Agreement on behalf of the entity for whom they purport to be acting. Each Party represents to the other that neither the execution and delivery of this Agreement, nor performance of the obligations under this Agreement will conflict with, result in a breach of, or constitute a default under, any other agreement to which it is a party or by which it is bound. 9.19 Amendment or Modification. No amendment, change, or modification of this Agreement shall be valid, unless in writing and signed by the Parties. 9.20 Relationship. Nothing herein shall be construed to create an agency relationship or a partnership or joint venture between the Parties. 9.21 Recording; Covenant. The City shall cause this Agreement to be recorded among the Deed Records in and for Washington County, Oregon. This Agreement shall constitute a covenant running with the Property and shall be binding upon and be enforceable by the Parties and their successors and assigns. 9.22 Effective Date. This Agreement shall take effect upon execution and approval by both Parties. 9.23 Term of Agreement. This Agreement shall be effective until it is fully implemented. This term shall be tolled in the event of an appeal of any land use decision for the Property until a final appellate judgment is entered. 10. City Manager Authority to Enter into Addenda to this Agreement. The City Manager may, at her discretion, enter into such addenda to this Agreement without City Council approval as she determines are necessary to fully implement the intent of the Agreement. Executed as of the day and year first above written. Triangle Pointe, LLC, an Oregon limited liability corporation 9 of 12 130510575.9 By: Print Name: Title: STATE OF OREGON ss. County of The foregoing instrument was acknowledged before me this_day of 2017, by as of Triangle Pointe, LLC, an Oregon limited liability corporation, on behalf of said company. Notary Public for Oregon My Commission Expires: SEAL: 10 of 12 li0510575.9 Triangle Pointe Two, LLC, an Oregon limited liability corporation By: Print Name: Title: STATE OF OREGON ) ) ss. County of ) The foregoing instrument was acknowledged before me this _ day of 2017, by as of Triangle Pointe Two, LLC, an Oregon limited liability corporation, on behalf of said company. Notary Public for Oregon My Commission Expires: SEAL: 11 of 12 130510575.9 CITY OF TIGARD, OREGON By: Print Name: Title: STATE OF OREGON ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of 2017, by as of the City of Tigard, Oregon, duly authorized by the City Council to execute this Agreement on behalf said city. Notary Public for Oregon My Commission Expires: SEAL: 12 of 12 130510575.9 . 2S 1 I'— , . . 1121. • • ' 1.1' i . *. •• X0 A.'' .. - •-: -'•'' ••• - -• . .'. '• •--.\ .---- 1 .i....„.8...„.8...„.....,................. .. 151!.. „et .,..!-It ! M... .. .1. -- I I W I I ii4 I I I i I ' 1 i 2 i L.8., 4 100 1 I 11 Q S L WM 1 1 I 1 I it 100 I .4 I t allild I Nt's CO . I , tr- 4.'4. ..'1 N I 1 , I I II I .t 1 I .0 ,0 e ..e, dee* • , il 10 II e 1 i • I i 9f---1-w.....___._._, if 1 17 1 .. . <<*s • • • .t , ,,•,--." -...7..tv ......,--- _______ / MIL ! •---.....4,,, PARKWAY •DI--RIVE II I • I N.-——--- i I 31.11+- 7:4•... 8 tl -,-- -N. , i:, . i \ ‘‘. .4(.-1-123-81 • . ziz,ro , t ..„. .. .ell 64., ...A ...... e ,4 . 7 * VARNS STREET "rk V-3 01! 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L.. .1., / / 1 Ili AC 0\ . . -A 14j, a LOT• "Ti ' 1 . - • 'i 2374 . f . -4 _ i• .• 2S 1 " • • • ' o4: tts., ,,,,, , RiRmNIME-81 • e*.R. fa"' " •R,, '104, 7% ?• i j,, ', ma AC . 'T ER0211W01 \ \Z a) I .:-.:\ 1 . re { \ \ 1 11 :0 i"' _ 1 • 1. \ .--- ti \ ''.. .,.., :, ' I 4 \ i 4' �/I 1111111 `a 'ir`i 1 l.+.fs o \ I, ''^Y i \ t h \ ' ,fi \ ,` f 0 '� I1111k \.n 11111 i„, a MAY 3,2017 �� SCALE:1"=150' TRIANGLE POINTE Job#2150559.000 75 50 EXHIBIT 2 - PEDESTRIAN PATH AIS-3066 6. Workshop Meeting Meeting Date: 05/16/2017 Length (in minutes): 30 Minutes Agenda Title: Discussion on City Council Travel Policy Prepared For: Liz Newton, City Management Submitted By: Carol Krager, Central Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE Council discussion on proposed changes to the City Council Travel Policy. STAFF RECOMMENDATION / ACTION REQUEST Council direction on proposed changes to the City Council Travel policy. KEY FACTS AND INFORMATION SUMMARY At the November 29, 2016 Council Groundrules discussion, staff presented information on Council Travel Policy provisions for council discussion. Council asked staff to research several questions and report back to council. After discussions with Oregon Government Ethics Commission (OGEC) staff, the city attorney and researching applicable IRS Rules staff is recommending changes to the following provisions in the travel policy: • Change the distance defined as local travel from 50 miles to 40 miles and add a statement regarding the applicable taxes on local overnight stays. •Expand the definition of"conference hotel". •Delete the Section on Travel Time. A memo is attached that summarizes all of the issues raised by council with a staff recommendation for each. Based on council direction, staff will revise the City Council Travel Policy for council approval on June 27, 2017. OTHER ALTERNATIVES Direct staff to research additional questions related to travel and training. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION November 29, 2016 Council Groundrules discussion. Attachments Council Travel Policy Memo Current Council Travel Policy OGEC Memo • " City of Tigard TIGARD Memorandum To: Mayor and Council From: Liz Newton,Assistant Manager Re: City Council Travel Policy Date: May 1, 2017 At the Council Groundrules discussion held on November 29, 2016, city staff presented information on Council Travel Policy provisions for council discussion. Council asked staff to research the following questions and report back to council. 1. Hillsboro allows Mayor and Council to accrue airline miles and credit card points/cash-back rewards on city travel and training. Can we do that in Tigard? Hillsboro's policy reads as follows: "M. Travel Awards: Travel awards are part of employee compensation and benefits package. Examples of travel awards are coupons, discounts, credit card rebates,frequent flyer miles, and tickets and vouchers for being bumped from an airline flight. City officials and employees are responsible for tax reporting requirements of travel awards if any." Hillsboro staff confirmed that this policy originally only applied to city staff; councilors were added later at the request of council. The Oregon Government Ethics Commission (OGEC) offers the following options to allow points/cash back on travel: A. Council approves Council-only policy to go into effect after all the current Councilors' terms are up with those eligible for reelection declaring a potential conflict of interest. B. Council approves citywide policy which exempts Councilors. C. Marty approves a policy to apply to only Councilors. OGEC and the city attorney concur that any approval by a sitting council that applies to those members would be create a conflict of interest. Staff recommendation: Leave council travel policy as-is,prohibiting the accrual of airline miles and credit card points/cash-back rewards on personal cards for city travel and training expenses. 2. There is confusion about the distance defined as local travel. Staff has verified that it is 40 miles not 50 miles as defined in the current Council travel policy. Staff recommendation: Amend the council travel policy to reflect the change. Include the following statement: "Overnight hotel stays in locations that meet the definition of local travel are a taxable benefit under IRS rules. Applicable taxes will be withheld from the individual councilor's next stipend check." 3. Can members of Council accept an offer of paid registration from other public agencies? According to OGEC, under ORS 244.020(7)(b)(F), reasonable expenses paid by federal, state, local or tribal government are exceptions to the definition of a gift,provided that the expenses are offered to the public official, a written notice with the aggregate sum is provided to the public official and, if applicable, the public official reports the expenses paid on his or her behalf. Staff recommendation: In these cases, all arrangements should be made by the agency funding the travel or training. There is no need to include a provision in the council travel policy since the city will not be involved. 4. Can city funds be used to pay for Council member participation in activities or entertainment on official City business or associated with a City-related conference or training. Council authorizing one of its members to attend an event as a representative of the city is allowed by OGEC. The city attorney recommends the council take official action to authorize their representative on behalf of the city which would also authorize the use of city funds. The person authorized to go should abstain from the vote. Staff recommendation: Since the mayor generally set his training and event schedule in advance, council consider the "official representative designation" on several events in one motion. 5. Can city funds be used to pay the cost for council member's spouses/partners attending local meals and events. OGEC advises that city funds paid to (or for) the relative of a public official would be considered a gift and under ORS 244.020 would be considered a prohibited use of office unless this "cost" for relatives is part of the public official's compensation package, officially adopted per OAR 199-005-0035(3). Staff recommendation: No action needed. Current policy defines meals as a meal "eaten by a Council member..." 6. Expand the definition of"conference" hotel. Section 7.3 references staying at the "official" hotel where the conference or training is being held. Most times, more than one conference hotel is identified in order to accommodate all conference/training attendees. Staff recommendation: Change the "official" hotel to "a conference" hotel. 7. Travel Time Section 5 of the City Council Travel Policy discusses when and how employee or agents of the city will be compensated for travel time to conferences and training. Since city councilors are not salaried this section does not apply. Staff recommendation: Delete Section 5. Travel Time from the City Council Travel Policy. 14 III ■ City of Tigard, Oregon TIGARD City Council Travel Policy Effective Date: September 1, 2013 Approved: 'I,4 lao l,‘ G+y (;�uilfat Signature: , t) j 1 . SUMMARY 1. General Provisions 2. Compliance and Accountability 3. Definitions Out-of-Town Travel 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 Local Travel 13. Local Travel Methods 14. Local Meals 1. GENERAL PROVISIONS 1.1. Purpose of Policy. The purpose of this policy is to provide guidelines to members of the City Council(Council) 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 Tigard's City Council and is to be adhered to by all members of Council. 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. The City Council and City Manager's office shall ensure that each member of Council dcomplies with 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. Citywide Travel Policy 11 Page 1.5. The City Council 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 a member of Council during City business travel. For example, Council member will not be reimbursed for personal grooming items, parking tickets,entertainment expenses, etc. 2. COMPLIANCE AND ACCOUNTABILITY 2.1. All members of Council 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 Council and the City Manager's Office,may implement appropriate and progressive sanctions related to misuse. All Council members must fully comply with requests for records and documentation supporting all travel expense claims. 2.2. Council members may be liable for improper use of public funds. As public officials, Council members 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 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. Council Member. An individual elected to either the office of Mayor or City Councilor for the City of Tigard. 3.5. Council Member Travel. Travel by Council member on official City business. 3.6. Frequent Flyer Miles. Credits acquired when making qualified air travel purchases. It is the City's policy that any Council member (or any employee or agent of the City) shall not earn any Frequent Flyer Miles while on City business. 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. Citywide Travel Policy 2 I 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. Local Travel. Travel that is not overnight and/or less than fifty (50) miles from City Hall. Both criteria must be met to be considered Overnight Travel. 3.10. Meals. Standard breakfast,lunch,or dinner eaten by a Council member during City business travel. 3.11. Mileage. The distance traveled via personal automobile by a Council member during travel. The City calculates mileage during travel from Tigard City Hall,not the Council member's home. To development the reasonable estimate of mileage, the City shall use an online travel/map site such as Mapqucst or Google Maps. 3.12. Official City Business. Business,and any travel associated with it,that directly provides a benefit to the City. 3.13. Overnight Travel. Any travel that requires a a Council member to stay overnight. A conference or training must be at least 50 miles away from the City to justify an overnight stay. 3.14. 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 lodging expenses up to the • GSA rate and a daily per diem for meals equal to the GSA rate for the destination city. 3.15. Pool Vehicle. A City-owned vehicle available for"check out" by any employee, elected official,or agent of the City. 3.16. Purchasing Card. A City-issued credit card that is the preferred means of payment for travel expenses other than meals. 3.17. 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. 3.18. Travel Pre-Authorization Form. A Departmental form that may or may not be required prior to any travel. The City Council and City Manager shall determine the best way to document pre-authorization for City Council travel. 3.19. Travel Purchasing Card. A generic purchasing card that can be checked out prior to travel by a Council member who does not have a City-issued purchasing card. Citywide Travel Policy 3 1' A g 3.20. 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. 3.21. Travel Time. The amount of time that is required by a Council member to travel to and from a conference or training. 3.22. 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. OUT OF TOWN TRAVEL 4. PRE-AUTHORIZATION Pre-Authorization shall be a Departmental responsibility. The City Council shall develop a a pre-authorization procedures 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. The City Council shall have a Pre-Authorization Form available for staff use. The FIS Department has created a generic form that may be used by the City Council or the Council may elect to create their own form that best meets their needs. 4.2. Pre-Authorization Filing. The City Council 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 the City Council 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 any City business 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 any public official,employee,or agent of the City 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 Citywide Travel Policy 4 I Page 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,a public official,employee,or agent of the City shall be paid their regular hourly rate during any official training or conference hours. 5.1. To development the reasonable estimate,the City shall use an online travel/map site such as Mapquest or Google Maps. A public official,employee,or agent of the City 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 a Council member attending any conference or training. The costs of means of travel,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. Council members may use their own vehicles for City travel. Use of a personal vehicle during City travel shall be authorized during the pre-authorization process in the Department. 6.1.2.1. Insurance. Council members 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 a Council member uses their personal vehicle for City travel,the City shall reimburse the Council Citywide Travel Policy 5 I P a g e member 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, additional mileage may be granted undcr 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 or Google Maps to develop the total allowable mileage distance. 6.2. Air Travel. The City shall pay actual cost for a Council member's City business travel. All Council members 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. Council members 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. Council members arc 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. Council members 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. Council members should take every effort to use online booking to reserve air travel to maximize cost savings for the City. 6.2.2. Discount Travel Sites. Council members may,with documentation of the reasoning,use discount travel sites such as Expedia,Travclocity,I Iotwire, Orbitz,or Priceline. 6.2.3. Airline Direct Booking. Council members 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 a Council member'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 Citywide Travel Policy 6 I P it g c of the registered Council member,the Council member shall bare the cost of the ticket and all associated costs. 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. Council members 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. Council members 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,and 7.1.10. Breakout of individual charges (room service,parking,etc). 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. The City Council shall have the authority to approve lodging expenses over the GSA daily maximum allowable rate when unusual conditions exist. The cost overage shall require written documentation by the traveling Council Citywide Travel Policy 7 1 P a g e member detailing the reason for the higher expenditure. This documentation must be included with the final travel reconciliation. 7.3. Conference/Training Official Hotel. If a Council member attends a conference or training and stay at the official hotel where the conference or training is being held,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 Council member 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 Council members 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 As a meal allowance during City related travel,Council members shall receive a daily per diem equal to the GSA daily rate for the destination city. 8.1. Multiple Locations/Single Rate. The City shall use a single per diem threshold rate for an entire day. If a Council member travels to more than one location in one day,the per diem allowance shall be for the location in which the Council member spends the night. On the final day of travel, the per diem threshold shall be for the location in which the Council member stayed the last night. 8.2. U.S. General Services Administration Daily Rate (GSA). The daily meal per diem shall be equal to the U.S. General Services Administration's (GSA) established daily rates for the travel destination City. 8.2.1. The GSA rates can be found at this link: GSA Domestic Per Diem Rates. 8.3. Conference/Training Provided Meals. When meals arc provided by the conference/training and paid for through the Council member's registration,the daily per diem shall be reduced for that particular meal. See Section 8.4 for a breakdown of the meal percentages. 8.3.1. If the meal is an optional piece of the conference or training registration process,the Council member shall have the choice to participate in the meal or,instead,to receive the meal as part of the daily per diem. 8.4. Meal Allowance Breakdown. The City shall use the following meal breakdown: 8.4.1. Breakfast. Equals 25%of daily allowance. 8.4.2. Lunch. Equals 25% of daily allowance. 8.4.3. Dinner. Equals 50% of daily allowance. Citywide Travel Policy 81 P a c 8.5. Travel Day Meals. The City shall provide a percentage of the daily per diem 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): Outbound (Leaving) 8.5.1. Prior to Noon—75%. When a Council member leaves on travel between prior to Noon the Council member shall be entitled to 75% of the daily per diem. 8.5.2. Between Noon and 7:00 p.m.—50%. When a Council member leaves on travel between Noon and 7:00 p.m. the Council member shall be entitled to 50% of the daily per diem. 8.5.3. After 7:00 p.m.—0%. When a Council member leaves on travel after 7:00 p.m. the Council member shall not be entitled to any percentage of the daily per diem for that day. Inbound (Returning) 8.5.4. Prior to Noon—25%. When a Council member arrives home from travel between prior to Noon the Council member shall be entitled to 25%of the daily per diem. 8.5.5. Between Noon and 7:00 p.m.—50%. When a Council member arrives home from travel between Noon and 7:00 p.m. the Council member shall be entitled to 50% of the daily per diem. 8.5.6. After 7:00 p.m.—75%. When a Council member arrives home from travel after 7:00 p.m. the Council member shall be entitled to 75 of the daily per diem. 8.6. Allowance Paid to Council Member in Advance. Council member shall receive their meal allowance prior to their departure. Reimbursement shall be in accordance with the Accounts Payable check printing schedule and Council members are responsible for ensuring their meal allowance check is received before departure. 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 a Council member must be paid for at the time by the Council member and must 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 Citywide Travel Policy ! Pagec MasterCard is accepted. Many employees,including Council members,have been issued an individual Purchasing Card and it is this card that should be used by the Council member during City travel. If a traveling Council member 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. A traveling Council member's meal allowance per diem shall be processed in advance of travel under this method. Council members 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. 9.3. Council Member Reimbursement. Under rare circumstances,and with detailed documentation,the City may directly reimburse a Council member 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 a Council member 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 Council member. 10.1.2. Airline Costs. When a Council member 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 Council member. 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 a Council member 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 Citywide Travel Policy 10 P a g c 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 a Council member'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 Council member shall be allowed one phone call a day while on travel for not more than ten (10) minutes. The City does encourage the 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 a Council member must submit to the FIS Department's Accounts Payable Office a completed and authorized Travel Reconciliation Statement. The City shall develop guidelines to assist Council member 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 Council members must fully comply with requests for records and documentation supporting any and all travel expenses. LOCAL TRAVEL 13. LOCAL TRAVEL METHODS 13.1 Personal Vehicle. The City may authorize Council members 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 prior to a Council member utilizing their personal vehicle for business purposes. 13.2 Insurance. Council members 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. 13.3 Vehicle Stipend. Council members'vehicle stipend shall cover any travel to and from local meetings. There shall be no additional mileage reimbursement. 13.4 Non-City Employee Ride-Along. Per the City's Personnel Policy: Citywide Travel Policy 11 I Pak c "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 a Council member in a City-owned vehicle during City-related travel with the appropriate approvals. 14. LOCAL MEALS Meals that do not include both overnight travel and a distance of more than fifty (50) miles from Tigard City Hall shall be considered a local meal in accordance with IRS regulations and are therefore taxable. Local meals should be part of a meeting involving outside agency personnel or be part of a local training or conference event. The City shall allow such meals for Council members with appropriate documentation and approval. 14.1 Reimbursement for Local Meal. Payment for a Local Meal shall be made through employee reimbursement only due to the meals taxable status and no other payment method shall be acceptable. 14.1.1 Receipts. A document detailing an expense incurred. To be valid,a receipt for a meal 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. Summary receipts shall not suffice as proper documentation. 14.1.2 Local Meal Reimbursement Form. Reimbursements to Council members for taxable meals shall be processed on a Local Meal Reimbursement Form and submitted to Payroll no more frequently than monthly. 14.1.3 Alcohol. At no point or under any circumstance shall the City pay any alcohol expense incurred during a local meal. A iko k• - Tigard City Council on January 14,2014. Joh - . Cook,Mayor 92._z_i 1$ J/ Martha L. Wine,City Manager Citywide Travel Policy 12 1 P a k c Hello Liz, Thank you for contacting our office. I have included relevant statues and Oregon Administrative Rules that apply to the questions you submitted. I have also attached the "Guide for Public Officials" published by the Oregon Government Ethics Commission (OGEC) as well as an advisory opinion concerning spouses. It is important to note that OGEC has no authority over governing bodies as to how they spend their money. However, what city council members may receive as public officials is defined under OGE law. Respectfully, Michael Thornicroft I. Can members of council accrue airline miles and credit card points/cash back charged to personal accounts for city travel and training? (If the accrual of airline miles and credit card points/cash on personal accounts as specifically included as part of council compensation, would it be allowable?Can city staff time be used to make travel arrangements in these cases?) Yes. Council members may accrue airline miles/credit card points/cash back if these items are part of their official compensation.The administrative rule below provides more guidance as to what official compensation is. 199-005-0035 Guidelines for Compliance with ORS 244.020(6), 244.025, 244.040, 244.042 and 244.047 (2) The term "official duties" means that the public official's actions are directly related to serving the state of Oregon or any of its political subdivisions or any other public body as a public official. (3)An "official compensation package" means the wages and other benefits provided to the public official. To be part of the public official's "official compensation package", the wages and benefits must have been specifically approved by the public body in a formal manner, such as through a union contract, an employment contract, or other adopted personnel policies that apply generally to employees or other public officials. "Official compensation package" also includes the direct payment of a public official's expenses by the public body, in accordance with the public body's policies. If these items are not part of their official compensation currently, the council members may not vote to do this for themselves since it would present not only a potential conflict of interest, but also an actual conflict of interest. An exception would be that the council members may vote for the official compensation package to include personal accrual of benefits to apply after their term ends, to future councilors, removing the actual conflict of interest since it may or may not apply to them since they have not been re-elected at that point. However, if such vote is to take place, any city councilor eligible to run for another term would be met with a potential conflict of interest and must disclose it publicly before voting. City staff may be used to make travel arrangements for the public officials if the travel is related to their role as a public official. II. Can city funds be used to pay for council member participation in activities or entertainment on official city business or associated with a city-related conference or training (such as golf tournaments, organized run/walks or social activities)? (Does the council member need to be invited in his/her official capacity or the activity listed as part of the conference offerings or training to be covered with city funds?) It is possible that city funds may be used in this instance, but the city official may not be able to accept it since ORS 244.020(7)(b)(M) and (N) apply. Namely, the entertainment provided to the public official must be incidental to the event and/or the public official is acting in an official capacity at the event.The following OAR provides a more detailed analysis. OAR 199-005-0025: Entertainment Permitted Under ORS 244.020(7)(b)(M) and (N) (1) Entertainment is incidental when it is secondary to the main purpose of the primary event and provided in conjunction with the primary event (such as a singer or band at an awards dinner). Incidental entertainment is secondary in importance and in time devoted to the entertainment compared to the primary, non-entertainment event. Entertainment that involves personal participation is not incidental to another event (such as a golf tournament at a conference). III. Can members of council accept an offer of paid registration/conference fees from other public agencies? (What factors limit or allow council members to accept paid registration/conference fees from other public entities?) As you know, public officials are limited to receipt of no more than $50.00 per year from a source that has a legislative or administrative interest in the decisions. Under ORS 244.020(7)(b)(F), reasonable expenses paid by federal, state, local or tribal government are exceptions to the definition of a gift, provided that the expenses are offered to the public official, a written notice with the aggregate sum is provided to the public official and, if applicable, the public official reports the expenses paid on his or her behalf. The following ORS and administrative rule provide a more detailed analysis. ORS 244.020(7)(b)(F) Reasonable expenses paid by any unit of the federal government, a state or local government, a Native American tribe that is recognized by federal law or formally acknowledged by a state, a membership organization to which a public body as defined in ORS 174.109 pays membership dues or a not-for-profit corporation that is tax exempt under section 501(c)(3)of the Internal Revenue Code,for attendance at a convention, fact-finding mission or trip, conference or other meeting if the public official is scheduled to deliver a speech, make a presentation, participate on a panel or represent state government as defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government body as defined in ORS 174.117. OAR 199-005-0020: Gift Exceptions in ORS 244.020(7)(b)(F) and (H) (1)The purpose of this rule is to provide clarification for these gift exceptions that permit public officials to accept payment of reasonable expenses while in their official capacity. The exceptions are for certain limited purposes. Travel that meets the requirements of ORS 244.020(6)(b)(F)or (H) and this rule may be either within the United States or international. (2) As provided in ORS 244.020(6)(b)(F)the expenses offered to and accepted by a public official may only be accepted by a public official and not relatives or members of the public official's household. (a)The event in which the public official participates may be a convention,fact-finding mission or trip or other meeting and the public official must be representing government, making a speech, participating in a panel discussion or making a presentation. "Speech" means to give a formal address. Self introductions or other perfunctory remarks do not constitute speaking for purposes of this exception. "Panel discussion" means to engage in a formal discussion with other members of the panel or audience. To "make a presentation" may range from presenting prepared remarks on a topic to a brief statement when giving an award. (b) The source of the payment for a public official's expenses must provide the public official with a written notice that includes the aggregate sum paid for the expenses over$50 as required in ORS 244.100. (c) Any public official who is required to file the Annual Verified Statement of Economic Interest form with this Commission must report the expenses paid on the public official's behalf and provide the details for the event on the form as required by ORS 244.060. Iv. Can city funds be used to pay the cost for council members spouses attending local meals and events? (What factors limit or allow city funds to be used to pay for council members spouses attending local meals and events?) No. While the OGEC does not have authority over how city funds are spent, it does have authority over public officials. City funds paid to the relative of a public official would be considered a gift and under ORS 244.020 would be considered a prohibited use of office unless this "cost" for relatives is part of the public official's compensation package, officially adopted per OAR 199-005-0035(3), see Section I above.