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City Council Packet - 06/18/2013 ''' City of Tigard Tigard Workshop Meeting—Agenda TIGARD TIGARD CITY COUNCIL & CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: June 18, 2013 - 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 -639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (IDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503 - 639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). VIEW LIVE VIDEO STREAMING ONLINE: http://live.tiEard-or.gov Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings - Channel 28 • Every Sunday at 7 a.m. • Every Monday at 1 p.m. • Every Wednesday at 2 p.m. • Every Thursday at 12 p.m. • Every Friday at 3 p.m. SEE A"1"nACHED AGENDA • Cite of Tigard TIGARD Tigard Workshop Meeting - Agenda TIGARD CITY COUNCIL & CITY CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: June 18, 2013 - 6:30 p.m. MEETING LOCATION: City of Tigard - Town Hall - 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • 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. 1. WORKSHOP MEETING A. Call to Order- City Council and City Center Development Agency B. Roll Call C. Pledge of Allegiance D. Council Communications & Liaison Reports E. Call to Council and Staff for Non - Agenda Items 2. RECEIVE BRIEFING ON THE EMERGENCY MANAGEMENT COOPERATIVE AGREEMENT OF WASHINGTON COUNTY 6:35 pm estimated time 3. RECEIVE LEGISLATIVE REPORT FROM JOEL RUBIN, CFM 6:50 pm estimated time 4. REVIEW A NAMING POLICY, RECEIVE BRIEFINGS ON THE PARK BOND AND A RECREATION PROGRAM CHARTER, AND DISCUSS THE CITY'S RELATIONSHIP WITH TWO SPORTS CLUBS 7:10 pm estimated time 5. COUNCIL LIAISON REPORTS 8:40 pm estimated time 6. NON AGENDA ITEMS 8:45 pm estimated time CITY CENTER DEVELOPMENT AGENCY • EXECUTIVE SESSION: The Tigard City Center Development Agency will go into Executive Session to discuss pending litigation under ORS 192.660(2) (h). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 8:50 pm estimated time 7. ADJOURNMENT 9:25 pm estimated time AIS -1303 2. Workshop Meeting Meeting Date: 06/18/2013 Length (in minutes): 15 Minutes Agenda Title: Briefing on the Emergency Management Cooperative Agreement of Washington County Prepared For: Dennis Koellermeier Submitted By: Kristie Peerman, Public Works Item Type: Meeting Type: Council Workshop Mtg. Public Hearing: Publication Date: Information ISSUE Council will be briefed on the Emergency Management Cooperative Agreement of Washington County. STAFF RECOMMENDATION / ACTION REQUEST No action is requested; councilors are asked to listen to the briefing and ask any questions they may have. The council will be asked to formally consider a resolution approving the agreement at an upcoming meeting. KEY FACTS AND INFORMATION SUMMARY In 2005, Tigard joined the the Office of Consolidated Emergency Management (OCEM). OCEM—currently comprised of Washington County, the Washington County Sheriffs Office, Tualatin Valley Fire and Rescue (TVF &R) and the cities of Hillsboro, Beaverton and Tigard — satisfies ORS 401.305(3), which requires inter- agency coordination of emergency management policy and planning activities. OCEM oversight and operational support have been provided by TVF &R since OCEM's inception. While emergency management and preparation is a primary responsibility of the county (via the sheriff), the parties agreed to delegate this function to TVF &R. The attached agreement: • Shifts responsibility for oversight and operational support back to Washington County. • Clarifies some operational details. • Provides for broader participation of other Washington County public agencies. The agreement is viewed by the OCEM Executive Board as a very positive step for improved emergency management in Washington County. Under the proposed agreement, the county will pick up a majority of the new organization's costs and the other partners will apportion the remaining costs. If the other costs are shared equally by the partners, Tigard's annual funding contribution will drop from around $50,000 to approximately $31,000. OTHER ALTERNATIVES This agreement has been negotiated and approved by the Executive Board of OCEM, on which Tigard has one position. This agreement is subject to approval of all existing OCEM members listed above. Assuming the current participating agencies approve this agreement, OCEM will be rechartered as the Emergency Management Cooperative (EMC) with the county taking the lead role. Should Tigard choose not to execute the document, the city would not be a member of the new EMC. Choosing not to participate in the EMC would undermine the city's responsibility for coordinating its emergency management program with its partners and reduce the city's ability to influence and shape countywide emergency management strategies, plans and policies. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Not applicable DATES OF PREVIOUS COUNCIL CONSIDERATION This the first time this agreement has come before the council. Fiscal Impact Fiscal Information: Under the proposed agreement, the county will pick up a majority of the new organization's costs and the other partners will apportion the remaining costs. If the other costs are shared equally by the partners, Tigard's annual funding contribution could drop from around $50,000 to approximately $31,000. Since actual membership costs have not been finalized, staff maintained the status quo and allocated approximately $50,000 for EMC membership in the fiscal year 2013 -2014 proposed budget. Attachments EMC IGA INTERGOVERNMENTAL AGREEMENT EMERGENCY MANAGEMENT COOPERATIVE OF WASHINGTON COUNTY This Agreement is entered into, pursuant to ORS 190.010, by and among Washington County (the County) and other public sector jurisdictions within Washington County (herein collectively "participating jurisdictions ") and supersedes previous agreements for the coordination of emergency management programs in Washington County WITNESSETH WHEREAS ORS 401.305 (3) requires the local governing bodies of counties and cities that have both city and county emergency management programs to jointly establish policies which provide direction and identify and define the purpose and roles of the individual emergency management programs, specify the responsibilities of the emergency program managers and staff and establish lines of communication, succession and authority of elected officials for an effective and efficient response to emergency conditions; and WHEREAS the participating jurisdictions desire to collaborate beyond statutory requirements and cooperatively identify, design, implement, and test the structure, systems, facilities, plans, and procedures of a comprehensive, countywide emergency management system; and WHEREAS the goal of such collaboration is to enhance the level of disaster and emergency preparedness within and across the boundaries of the participating jurisdictions and to develop and maintain an effective multi- agency coordination system; and WHEREAS improved preparedness will be achieved through coordination among the participating jurisdictions and among the various emergency service functions provided within those jurisdictions; and WHEREAS many of the participating jurisdictions entered into an Intergovernmental Agreement in November 1995, which has been subsequently amended and revised, to improve the level of disaster and emergency coordination and preparedness within the boundaries of the participating jurisdictions TERMS AND CONDITIONS I. EMERGENCY MANAGEMENT COOPERATIVE The participating jurisdictions hereby create an emergency management cooperative responsible for the development, enhancement, maintenance, and Page 1 of 7 Intergovernmental Agreement (EMC) coordination of emergency management structures, systems, facilities, plans, procedures, training, and exercising within (and between) the jurisdictions of the participating entities and agree that the organization shall be known as the EMERGENCY MANAGEMENT COOPERATIVE (EMC). II. PURPOSE OF AGREEMENT The purpose of the EMC is to enhance the level of disaster and emergency preparedness and coordination within and across the boundaries of the participating jurisdictions by focusing on improvements to emergency management structures, systems, facilities, plans, procedures, training, and exercising. III. MEMBERSHIP A. Eligibility: Washington County and all Washington County public sector jurisdictions with an emergency management program. B. Membership Types: 1. Voting Member: Participating jurisdictions that make a financial contribution per section VII of this Agreement. 2. Non - Voting Member: Participating jurisdictions that do not make a financial contribution per section VII of this Agreement. IV. ORGANIZATION A. Director: The work of the cooperative will be managed and coordinated by an EMC Director. The Director will serve at the pleasure of the County, with input from the Executive Committee, and be housed by the County unless otherwise approved by the Executive Committee. The Director's primary duties will be to: 1) develop and maintain comprehensive, integrated, and effective emergency management and multi - agency coordination systems in concert with the participating jurisdictions; 2) oversee implementation of the annual EMC work plan and budget; 3) coordinate emergency management activities within and between the participating jurisdictions; and 4) coordinate emergency management activities with other local, regional, and state agencies and organizations. B. Staff: The participating jurisdictions will identify staff to work with the EMC. Staff assigned to work with the EMC will be housed at their respective jurisdictions. The County will provide work space for staff of participating jurisdictions to temporarily or periodically collocate in order to enhance coordination and coproduction efforts. C. Work Teams: 1. Emergency Management Team (EMT): a. The EMT consists of the EMC Director and designated emergency management staff from participating jurisdictions. The team is Page 2 of 7 Intergovernmental Agreement (EMC) tasked to 1) collaboratively identify, design, implement, and test the structure, systems, facilities, plans, and procedures of a comprehensive, integrated, countywide emergency management system; 2) participate in the development of the annual work plan and budget; and 3) assist in the planning and conduct of training and exercises. b. The team will receive administrative support from the County. 2. Multi- Agency Coordination System (MACS) Planning Team: a. The MACS Planning Team consists of law enforcement, fire, public works, public health, other emergency responder, and emergency management representatives of the participating jurisdictions. The team will only meet with the consent and support of the participating jurisdictions' first responder departments. The team will be responsible for developing the countywide plan for multi - agency incident coordination. b. The team will receive administrative support from the County. V. GOVERNANCE A. Executive Committee: 1. The EMC will be governed by an Executive Committee consisting of the chief executive officer of each participating jurisdiction. Each of these primary representatives may designate an alternative representative who may attend Executive Committee meetings and act in the absence of the participating jurisdiction's primary representative. 2. The representative of each voting member jurisdiction has the right to vote on all matters before the Committee. Representatives of non- voting jurisdictions may participate in all Committee discussions and deliberations but cannot vote. An affirmative act of the Executive Committee requires that a majority of the voting member representatives are present and the decision is unanimous. 3. The Executive Committee will be chaired by a voting member representative selected by the Committee. Chair of the Executive Committee may be rotated among the voting member representatives on an annual basis. 4. The Executive Committee will be responsible for: a. Approving the annual EMC work plan and budget; b. Approving policies related to EMC functions; c. Coordinating EMC actions and activities with jurisdictional elected officials and other key decision makers; and d. Reviewing the efficacy of the EMC and this Agreement on an annual basis. B. Disputes: Any disputes as to the interpretation of this Agreement between two or more of the participating jurisdictions will be resolved by a unanimous decision of the Executive Committee. Page 3 of 7 Intergovernmental Agreement (EMC) C. Administrative Support: Administrative support for Executive Committee meetings will be provided by the County. VI. OPERATING GUIDELINES A. National Standards: The participating jurisdictions agree to adopt and implement the National Incident Management System (NIMS) and Incident Command System (ICS) as the incident management organization required by ORS 401.305(5)(b). B. Local Standards: Participating jurisdictions agree to work toward attaining and maintaining minimum emergency management performance standards, which include, but are not limited to: 1. Developing and maintaining a functional Emergency Operations Center (EOC), including written position descriptions, trained emergency management staff, displays, communication equipment, etc. 2. Developing and maintaining a multi- hazard functional Emergency Operations Plan (EOP) that is consistent with Federal Emergency Management Agency (FEMA) and state guidance. 3. Developing and maintaining a Natural Hazards Mitigation Plan (NHMP) that is consistent with FEMA and state guidance. 4. Developing and maintaining a Continuity of Operations (COOP) Plan that is consistent with FEMA and state guidance. 5. Conducting at least an annual exercise of the EOC and emergency management plans at a functional or full scale level. 6. Providing educational materials and programs on disaster preparedness for individuals, families, and businesses. C. EMC Work Plan: The Emergency Management Team will develop, for Executive Committee consideration and approval, an annual work plan detailing the purposeful actions to be pursued on behalf of the collaborative. The work plan will identify specific tasks to enhance the systems, facilities, plans, procedures, training, and exercising of the countywide emergency management and multi - agency coordination systems and include an implementation plan with timelines, descriptions of required resources and operational implications, and lead agency contact information. D. EMC Budget: 1. The Emergency Management Team will develop, for Executive Committee consideration and approval, an annual budget detailing the costs associated with implementing the annual work plan and supporting EMC operation and administration. 2. The Executive Committee may amend the approved budget mid -year, as needed, subject to the funding methodology outlined in section VII of this Agreement. Page 4 of 7 Intergovernmental Agreement (EMC) VII. EMC FUNDING A. Method: Washington County will fund 51% of annually approved EMC expenditures. Other participating jurisdictions will collectively fund the remaining 49 %. The funding allocation between the County and other participating jurisdictions may be adjusted during the annual budget development process. The method for allocating the non - county share amongst the other participating jurisdictions will be determined each year as part of the budget process and may be based on proportionality or any other method approved by the Executive Committee. B. Voting/Non - Voting Members: The Executive Committee may establish a minimal membership fee for a participating jurisdiction to receive voting privileges on the Executive Committee. Non - paying jurisdictions, or those under the established threshold, will be considered non - voting members. C. Payments: The County will invoice all financially contributing members based on the allocations approved by the Executive Committee. The invoices will be distributed during the month of July for the new fiscal year (July 1 — June 30 fiscal year). Payments are due within 45 days of receipt of invoice unless other arrangements have been made with the County. VIII. DURATION, WITHDRAWAL, AND TERMINATION A. Effective Date: This Agreement will go into effect on July 1, 2013, following its authorization by the governing bodies of the jurisdictions participating in the intergovernmental agreement for consolidated emergency management as of January 1, 2013 (City of Beaverton, City of Hillsboro, City of Tigard, Tualatin Valley Fire and Rescue, and Washington County). B. Termination: This Agreement will remain in effect until June 30, 2018, unless the participating jurisdictions unanimously agree in writing to an earlier termination, extension, or modification of its terms. C. Withdrawal: A participating jurisdiction may withdraw at the end of a fiscal year by providing written notice of its intent to withdraw to all other participating jurisdictions no less than 90 days before the end of that fiscal year. A participating jurisdiction may also withdraw effective as of any other date provided the withdrawing jurisdiction receives unanimous approval of the Executive Committee. The remaining funding obligation of a jurisdiction withdrawing under this circumstance will be determined by the Executive Committee at the time the withdrawal is approved. Page 5 of 7 Intergovernmental Agreement (EMC) D. Non - Appropriation: Notwithstanding any other provisions provided herein, a participating jurisdiction's continuation in the EMC is subject to the jurisdiction's annual budget appropriation of funds in support of the EMC. IX. AMENDMENTS Proposed amendments to this Agreement shall be approved by unanimous consent of the Executive Committee and must be subsequently approved by each of the participating jurisdiction's governing bodies. X. ADDITIONAL JURISDICTIONS Any jurisdiction not a party to this Agreement may become a party by first obtaining the unanimous approval of the Executive Committee and then securing approval of the terms in this Agreement and any accompanying amendments from its governing body. XI. RESPONSIBILITY FOR ACTS Each of the participating jurisdictions shall be solely responsible for its own acts and the acts of its employees and officers under this Agreement. No participating jurisdiction shall be responsible or liable for consequential damages to any other participating jurisdiction arising out of the performance of the terms and conditions of this Agreement. XII. INSURANCE Each of the participating jurisdictions shall contribute to the purchase and maintenance of such insurance as will protect the EMC from claims of third parties arising from its performance under this Agreement. The amount of insurance shall be not less than the organization's liability under the Oregon Tort Claims Act. XIII. SEVERABILITY The terms of this Agreement are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Agreement that results in the invalidity of any part shall not affect the remainder of the Agreement. XIV. INTERPRETATION The terms and conditions of this Agreement shall be liberally construed in accordance with the general purposes of the Agreement. SUBSCRIBED TO AND ENTERED INTO by the appropriate officer(s) who are duly authorized to execute this Agreement on behalf of the governing body of the below - named unit of local government. DATED this day of , 2013. Page 6 of 7 Intergovernmental Agreement (EMC) [Agency Name] APPROVED AS TO FORM Page 7 of 7 Intergovernmental Agreement (EMC) AIS -1340 3. Workshop Meeting Meeting Date: 06/18/2013 Length (in minutes): 20 Minutes Agenda Title: Legislative Report from Joel Rubin, CFM Prepared For: Liz Newton Submitted By: Cathy Wheatley, Administrative Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE An update from Joel Rubin, the city's federal lobbyist on recent activities. STAFF RECOMMENDATION / ACTION REQUEST Receive an update and ask questions on topics of interest. KEY FACTS AND INFORMATION SUMMARY City council adopted the 2013 legislative agenda at the February 12, 2013 council meeting. At the March 26, 2013 council meeting the mayor, city manager and councilors provided updates on their meetings with the congressional delegation offices and agencies during visits in February and March. This will be an opportunity for an update and discussion with the city's federal lobbyist, Joel Rubin on the status of the city's federal legislative agenda and other topics of interest to the council. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION Adoption of the city's federal legislative agenda on February 12, 2013. Attachments 2013 Federal Agenda I Federal Legislative Tigal.d.Oregon .� -.-.�- Grant Priorities • Hall Boulevard— Burnham Street to Durham Road This project will enhance pedestrian safety, complete bike paths, and improve capacity at key intersections along Hall Boulevard from Downtown Tigard to Durham Road. REQUEST AMOUNT: $7,100,000 • Highway 217 Interchange with 72nd Avenue Evaluate and develop a conceptual design to relieve congestion and improve safety in the area of the interchange of Highway 217 with 72nd Avenue. This project will focus on the ramp terminals and cross streets intersecting 72nd Avenue. REQUEST AMOUNT: $800,000 • Police Interoperable Communications Because of federal mandates, the regional dispatch center in Washington County will move from an analog communications network to 800 MHz digital format. Radios operated by first responders in the region will need to be replaced by 2018. The digital format will provide greater capacity and flexibility for transmitting data, and seamless communications between the city, county and other first responders on the network. REQUEST AMOUNT: $250,000 • Police Automated License Plate Recognition Equipment Automated License Plate Recognition (ALPR) is a surveillance method that uses optical character recognition to read vehicle registration plates. This equipment would be of great value in tracking stolen vehicles, Amber Alert suspects, and drivers operating on a suspended license. ALRP technology will maximize the patrol efficiency of the police force. REQUEST AMOUNT: $238,000 • Promote the Farmers Market in Downtown Tigard The Tigard Farmers Market is focused on bringing healthy, locally grown and raised food to the community. The market is seeking additional resources to promote a new location in Downtown Tigard and to expand producer -to- consumer opportunities in a larger space. Funds are being sought for signage, including permanent wayfinding signs, and to promote the new expanded market to the community. REQUEST AMOUNT: $100,000 III N it TIGARD City of Tigard I A Place to Call Home 1 13125 SW Hall Blvd., Tigard, OR 97223 I www.tigard- or.gov • Fanno Creek Regional Trail Complete missing links of the existing paved, multi -use Fanno Creek Regional Trail to connect neighborhoods with schools, parks, jobs and Downtown Tigard. The trail provides an off - street alternative to walking and riding on busy roads as well as opportunities for healthy outdoor activities. REQUEST AMOUNT: $900,000 • Tigard /Metzger After - school Program The city is working with the Tigard - Tualatin School District to secure funding for a new recreation and student achievement program at Metzger Elementary School. Metzger serves the highest Spanish- speaking student body in Tigard, and the highest percentage of students receiving free and reduced -price meals in the district. Grant funds would be used to enhance the outdoor fields and play area to serve as a neighborhood park with a small community garden for area families. In the summer, educational enrichment programs focused on reading and technology would be offered along with a lunch distribution program. Tigard would seek grant funding —that is available to local education agencies and community -based organizations —to initiate, expand, or enhance physical education programs, including after - school programs, for students in kindergarten through fifth grade. REQUEST AMOUNT: $250,000 Other Projects Supported by Tigard • Pacific Highway (99W) /Barbur Boulevard High Capacity Transit Alternative Analysis An alternatives analysis and preliminary engineering study is needed to determine the best high- capacity connection to provide transportation options to connect downtown Portland, Tigard, King City, Tualatin and Sherwood. Reductions in automobile trips will reduce roadway congestion and pollution, reduce accidents and set the groundwork for efficient development along the transit line. TOTAL COST: $11.4 MILLION; FEDERAL REQUEST: $1 MILLION • Lake Oswego- Tigard Water Partnership In August 2008, the cities of Lake Oswego and Tigard formally endorsed a partnership agreement for sharing drinking water resources and costs. Lake Oswego's water supply system is near capacity, and key facilities need expansion and upgrades. Residents need a secure, dependable water source. Both cities want to keep water affordable for their customers and sharing the cost of new infrastructure to serve both communities does that. TOTAL COST: $240 MILLION • Columbia River Crossing Project Tigard strongly supports the Columbia River Crossing (CRC) Project, which is a long -term, comprehensive solution to problems on Interstate 5 near the Columbia River. The 1 -5 corridor is the backbone of a network of roads that provide access to the region, which is more susceptible to long -term economic losses from congestion than other areas because of its ties to trade. Completion of the CRC project will create benefits for both trucks and marine freight through reduced congestion in the corridor, improved access to ports and highways, and the elimination of bridge lifts. The CRC project will improve safety for travelers, increase community livability, provide new travel options, and an improved highway to support jobs, the regional economy and future growth. Policy Items • Tigard Street Trail —P &W Rail Line Abandonment Tigard envisions a future where a wide variety of transportation and recreational opportunities are available through a diverse system of parks, trails and open space. Providing residents with alternative transportation 2013 Federal Legislative Agenda I Tigard, Oregon Page 2 access to jobs, housing and shopping is a priority. The potential rail -to -trail in Downtown Tigard is an opportunity for the city to work together with regional partners to achieve these goals. • Sequestration Cuts Tigard encourages a balanced approach to deficit reduction. In particular, Tigard supports protecting important programs including Community Development Block Grant, State and Local Law Enforcement, COPS Technology, Economic Development Administration, TIGER and FTA Transit Capital Grants, among others. • Attain a Tigard ZIP code Tigard staff is investigating the process to secure a distinct Tigard mailing address, instead of the current Portland designation. • Buy America Concerns MAP -21 took steps to close a Buy America loophole, but unintended consequences of the legislation could cause delays for local governments. We recommend that FHWA guidance and future rule- making include the following: o Exclusion from Buy America requirements if all future contracts are implemented without federal highway funds. o Buy America requirements should not apply to contracts or work under an agreement with a utility that is not funded by Title 23 programs. • EPA Regulatory Concerns and Unfunded Mandates Tigard opposes legislative or regulatory initiatives that undermine local government decision - making. The partnership with federal policy makers should recognize roles and not pre -empt city authority on issues such as land use, rights of way and other local functions. For More Information • Mayor John L. Cook, 503- 718 -2476, mayorcook @tigard - or.gov • City Manager Marty Wine, 503 - 718 -2486, marty @tigard - or.gov • Assistant City Manager Liz Newton, 503 - 718 - 2412, liz @tigard - or.gov 2013 Federal Legislative Agenda I Tigard, Oregon Page 3 SUPP MENTAL PACKET FOR yni / F ,'/> (DA OF MEETING) ___,,,..., ". City of Tigard .-„ I s CFM Federal Affairs Update j / � s. r fi r"- I 111119 4 1r-fn" _ r ■^rrt rr — T I C� A R D strate• is communications, inc. June 18, 2013 Introduction • 2013 Federal Agenda and Status Updates • DC Trip Recap • Sequestration /Debt Limit • Congressional Checklist ADeDonpv pue siauai II!q Va21M uI luawaaa2V aseal 2ugjeia ale1S VM 2UMeMV 2u!pwaad Vd3 1 f!M suo!SSnDsia I I!8 wa e j luea9 IooLpS of wiej 2u!puad 4ueJE SdOJ 2u!puad TueJD 9V1 alq!ssod lS!1 VI %OSI u0 alepda snlelS 000`o0t7$ 000`ooI$ 000'001$ 000'8£Z$ 000`oSZ$ 000`008$ uo!II!w I'L$ 000`006$ uogeln2aa aano pue satepuevi papun}un apo) d!Z pJeS!1 spuog ledmunw 1Daload VIIIM Heil laaais pae2!1 epua ETOZ pafoad 2u!ssoJJ aan!a e!gwnloD d!ysaauved aaleM paeS!1- o2aMSo alel s!sAleuV an!leuaalIV l!sueal Al!Dedep 42!H la>laew saawaej uMOwMOa a4owoJd IomPS o} waej aa0z1alN /pae2!1 uomu2oDag a1eld asuaD!1 palewolnv aD!Iod suofeD!unwwo) algeaadoaaiul aD!lod anuanV puZL g}!M aUeyDaalul LIZ AeML. !H peon weqina (DI. }aaaiS wequang — paenalnog IIeH I!eal Ieuopa laaij ouue j • san!lewui AD!lod • . paeN!1 Aq papoddns spafoad luawssassV pla!;uMOag ap!M eaij . uomppv MaN . spafoad lueJS, DC Tri Reca p p c tt Agency Meetings • Surface Transportation Board — Tigard Trail • National Endowment for the Arts — Our Town, Art Works and Arts Place • Environmental Protection Agency — Area Wide Brownfield Assessment Grant (Downtown) • Housing Office of Sustainable Housing and Communities — Sustainable Communities • USDA Agriculture Marketing Services Division — Metzger Farm to School and Farmers Market • DOJ Bureau of Justice Assistance and COPS — Police Equipment and SRO's • DOC Economic Development Administration — Business Incubators (patents) Hill Meetings • DOE Healthy Students Group — Metzger Farm to • Sen. Wyden, Sen. Merkley, Congresswoman School Bonamici and Congressman Schrader Comprehensive Service gliiiiiiiffi 111 m _ .._ _ ct: - .. F I dim: �eAENT OF co P� ,� * • Specific and Broad Funding Advocacy 4jt, ` "�' "�' • r - T, : :- • Track, Monitor and Summarize legislation important = Sr4TFSO to Tigard • Relationships with key White House, DOT, DOJ, EPA, .0t OF 00 USDA, DOH, EDA, DOE, ODOT J �� Z ED STA i s a _ • Grant Research, Notification, Advocacy and Follow Up s th) ' W s � �� °Z � � ��stgrESofs. • Regular Federal Updates �F TqC PRO Q . t ( CONp.t ri 1 1 ir l - 1 h7:1 1 I F 1 / 1% ■ Z ?a 3 J am ''% �` ' � ational lea • ue of Citie President' Proposed Total Spending (FY 2013) Housing & Community International Energy & Environment 2% Affairs 1% 0 !° Education Science 2% 1% Transportation Government 2% 1°A, Veterans' Benefits °r' Food & Agriculture 4% Social Security, Unemployment &Labor sir\ 34% Interest on Debt ', ,i a - Military lir "�.,, ,. Source: OMB Medicare & Health 24% Fiscal Year 2012 Outlays: $3.554 Trillion Non - Security Discretionary Spending: $ 450 Billion Fiscal Year 2012 Receipts: $2.435 Trillion Total 2012 Deficit: $1.128 Trillion FY 13 PROGRAM CUTS - $28 Billion Non Defense In Millions HUD Community Development Block Grant (CDBG) $151 HUD HOME Investment Program 50 HUD Section 8 Housing 933 HUD Homeless Assistance 97 U.S. Economic Development Administration (EDA) 21 USDA Rural Development 126 EPA State and Local Grants 182 EPA Hazardous Substance / Superfund 74 DOE Energy Efficiency & Renewable Energy 34 FEMA State & Local Disaster Preparedness & Recovery Programs 114 FEMA Disaster Relief 361 DOJ State Criminal Alien Assistance Program (SCAAP) 11 DOT Essential Air Service* 7 Education Dept's Elementary & Secondary Education 809 FTA Transit Capital Grants 101 HHS Substance Abuse & Mental Health 171 HHS Child Care Discretionary 116 HHS Older American / Aging Services 75 DOJ State & Local Law Enforcement 57 DOJ Juvenile Justice 13 DOL WIA Title I Formula Grants to States 163 Mandatory Cuts In Millions Payment -in- Lieu -of -Taxes (PILT) 30 HHS Social Service Block Grant (SSBG) 136 DOT Essential Air Services* (Mandatory funds only) 4 HHS Prevention & Public Health Fund 76 NTIA State & Local Implementation Program 5 FHWA Federal -Aid Highway 56 HHS TANF 2 SNAP 8 Child Nutrition 4 Total Discretionary and Mandatory Cuts to Programs Important to Municipalities $3987.69 IGNORING SEQUESTRION - FOR NOW $600 — $580 - - -- - -- Senate House $560 - $552 $552 $540 $533.7 0 4 5 c $520 - �_ $508.8 m $506 o $500 $498.13 $490 0 0 $480 --$47 . FY 2013 Cap a, $469.4 $460 $440 $420 $400 - Defense Discretionary Domestic Discretionary CAN'T IGNORE SEQUESTRATION FOREVER Pigurt 1 House Appropriations Plan Would Cut Domestic Spending, Raise Defense And Security, Compared to Current Levels 2014 discretionary funding by House appropriations subcommittee compared to COMPARING FY 2014 APPROPRIATIONS PROPOSALS 2013 funding after sequestration Total Discretionary 5.4% Defense Defense Non- Defense , (subject to BCA 3S;o a Military construction, veterans affairs _ . -_ - __ ..: _ ,. caps) FY 2013 Final 2.6% Homeland security Appropriationsa $508.8 $477.6 $986.4 1.6% Transportation, HUD FY 2014 Statutory Caps $552 $506 $1,058 1.5!; Legislative branch (pre- sequester) FY 2014 Statutory Caps -0.4% Commerce, justice, , (post- sequester) $498.1 $469.4 $967.4 sera -0.5% Agriculture — — I Energyand water Senate Budget $552 $506 $1,058 10.044 Energyand House Budgetb $552 $415.4 -14A% Interior, environment $967.4 -- - - - - -- - - - - - -- Number may not odd due to roun0l ,g. -14.4% State, fantign operations a Estimates come Iron the House and Senate Budget Resolutions and are of appropriations subject to the Budget Control Act caps ., _ b. Amounts fisted for the House Budget have been updated In light of OMB releasing estimates of the statutory FY14 discretionary caps. . & - Labor, health and human Source: Office of Management and Budget estimates, Senate Budget Resolution, House Budget Resolution L se vices, education WWW RIPARTISANPOI.Ic:Y BIPARTISAN POLICY CENTER X21.6% AllanGalservices V 70 and general government Source Congressional Budget Office, House Appropriations Comm ittee , _•ricer on Budget aryl Pokypnorites 1 bpp org Can't We All Just et n o „4.: , ,..,..•..,‘„,:,,,,,,,,,„_._ Govern By Crisis _. , -.'._*-: r I � 1. Sequestrat _." .4 - r" - 2. Government Shutdown w jilik. r M o ' � '. - . �.. .. • «� S � . ,.. a i• s : ; • . R r a,. qu it f ...' _ Y 3. Debt limi _ 4 a � r �_� '" Ire d'• €2 e : m • V 4. Rinse and Repeat Outlook rr, i ; .•0 10 Lift V Congressional Action Likely or Possible Congressional Gridlock • Debt Ceiling Increase — ($16.9 trillion debt) • Jobs and Unemployment — 7.6% • Farm Bill • FY14 Appropriations Bills • Comprehensive Immigration Reform • Gun Control • Water Resources Development (WRDA) • Climate Change • XL Pipeline (Administrative Approval) • Comprehensive Tax Reform • Investment in Infrastructure • Long Term Budget Fix ,suonsancs AIS -1273 4 Workshop Meeting Meeting Date: 06/18/2013 Length (in minutes): 90 Minutes Agenda Title: Review a Naming Policy, Receive Briefings on the Park Bond and a Recreation Program Charter, and Discuss the City's Relationship with Two Sports Clubs Prepared For: Brian Rager Submitted By: Kristie Peerman, Public Works Item Type: Update, Discussion, Direct Staff Meeting Type: Council Workshop Mtg. Public Hearing: No Publication Date: Information ISSUE Review a draft Naming & Recognition Policy, receive briefings on the park bond and a recreation program charter, discuss the city's future relationship with two sports organizations—Southside Soccer Club and Tigard Little League. STAFF RECOMMENDATION / ACTION REQUEST Topic Action Request Naming & Recognition Policy Staff is seeking council feedback and will place the policy on an upcoming council agenda for formal consideration. Briefings on the park bond and a No action needed; this is an informational item. recreation program charter City's Future Relationship with Staff is seeking council direction as to whether these two Southside Soccer Club and organizations should receive sports field scheduling preference over Tigard Little League other Tigard- based, non -profit sports leagues benefiting Tigard youth. KEY FACTS AND INFORMATION SUMMARY Naming and Recognition Policy Staff last visited with council on this matter at its June 26, 2012, study session. Staff received input from councilors as to how they would like the policy to be structured. Staff then developed the attached policy based on the council's feedback and direction. Key elements include: • Establishes the council as the decision maker for naming key city features, buildings and parks. • Provides clear processes for consideration of city- initiated and non - city - initiated requests to name (or rename) key city features, buildings and parks. • Provides clarity as to how naming requests for properties, including parks, will be handled during the acquisition process. • Provides dear processes for considering requests to install recognition items, such as benches, picnic tables, trees and shrubs on city property. Staff and council received a letter from Mr. Edward Heintz, dated March 18, 2013, requesting the future park on the recently- purchased Bagan property to be named after John Peter Bagan, who was the previous owner of the land. Staff will demonstrate how the draft policy would be used to address this request. Park Bond Update Public Works Manager Steve Martin will provide an update as to funds spent to date on acquisitions and park property development. The update will also include the status of pending property acquisitions and spending related to the downtown area. Recreation Program Charter Staff will discuss the attached charter document which describes the work that will be done to address the pilot recreation goal. Relationship with Southside Soccer Club and Tigard Little League The purpose of this discussion with council is to seek guidance on the following policy question: "Should the city give sports field scheduling preference to Southside Soccer Club and Tigard Little League, over other Tigard- based, non -profit sport leagues /clubs benefiting Tigard youth ?" The city entered into an agreement with the Atfalati Recreation District (ARD) in 1998 to help purchase additional land adjacent to Cook Park. At that time, Southside Soccer Club (SSC) and Tigard Little League (TLL) were the only members of ARD. The new property enabled the development of additional soccer and baseball fields. ARD agreed to pay half the cost of the property, and an initial agreement was set up with provisions granting ARD preference to all Cook Park sport fields during the life of the agreement. The agreement and payment schedule has been amended multiple times and final payments by TTL and SSC are due October 1, 2013. Staff will provide information to council to assist them in answering the policy question, as follows: • Usage rights enjoyed by both TTL and SSC during the life of the current agreement • Discussions conducted with SSC and TLL as to why the present agreement should be terminated and how to conduct business after October 1, 2013. • Tigard Municipal Code (TMC) provisions give the city has first priority regarding the use of park facilities. The TMC assigns second priority to "Tigard -based non profits benefiting Tigard youth, including but not limited to, Tigard- Tualatin School District 23J, Tigard Little League, and Southside Soccer Club." • Present day demand for sport fields. • Operational considerations for park maintenance, including the present park usage fee structure versus maintenance costs. OTHER ALTERNATIVES Not applicable COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None DATES OF PREVIOUS COUNCIL CONSIDERATION The council discussed the naming policy at its June 26, 2012, meeting. The council receives regular updates on the park bond. The most recent update, a Parks Bond Program Report, was provided via the council's April 4, 2013, newsletter. The council has had several discussions related to a city recreation program. The last such discussion took place at the November 27, 2012, council meeting. This is the first time the council has discussed the city's future relationship with TLL and SSC. Attachments Naming & Recognition Policy Draft Bagan Naming Request Letter Parks Bond Program Reoort Park Bond Expenditure Charts Recreation Program Charter City of Tigard ■ Naming & Recognition Policy TIGARn June 2013 A. Purpose The purpose of this policy is to provide consistent standards and procedures to: • Name city key features, buildings and property. • Install items on city property to recognize an individual, group or event. B. Naming Criteria for City Key Features, (such as open -air shelters, sports fields, gardens, rooms, trails, etc.), Buildings and Existing Property, Including Parks 1. All requests to name city key features, buildings and existing property must be reviewed by the parks manager and approved by formal action of the City Council. 2. To assist the public in identifying and locating key features, buildings and property, proposed names should be descriptive in nature or should contain a descriptive element, such as the Fanno Creek House, Dirksen Nature Park, Woodruff Bridge or John Anderson Baseball Fields. 3. Proposed names shall recognize one or more of the following: - A physical, historical, or unique characteristic of the key feature, building or existing property. - An event that had a significant impact to the city. - An individual or individuals, living or dead (memorial), who made a significant contribution to the city, either historically, financially or through civic duty. - A group or groups that made a significant contribution to the city, either historically, financially or through civic duty. - A property owner(s) who donates or sells property to the city. C. City- Initiated Requests to Name City Key Features, (such as open -air shelters, sports fields, gardens, rooms, trails, etc.), Buildings and Existing Property, Including Parks 1. The process to consider a city - initiated request is as follows: a. A city councilor or designee, city board or committee, or city staff member, "City Requestee," interested in naming a key feature, building or property must submit a written request— including specific information as to the purpose, proposed location (if applicable) and significance of the name —to the parks manager. b. The parks manager will prepare a recommendation, including a cost estimate to implement the name. c. The request and recommendation will be placed on a council agenda for informal discussion by the City Council. d. At the discussion the council will either: - Direct the parks manager to prepare a resolution to formally adopt the name. If applicable, staff will assist the council in identifying and selecting a city funding source to implement the name. - Determine that a majority of the city councilors do not support the name, and the request will not move forward. e. With council support, a resolution naming the feature, building or property will come before council for formal action. f. If the resolution is adopted, the parks manager will implement the name. C. Non - City - Initiated Requests to Name City Key Features, (such as open -air shelters, sports fields, gardens, rooms, trails, etc.), Buildings and Existing Property, Including Parks 1. The process to consider a non - city - initiated request is as follows: a. An individual or organization, "Requestee," interested in naming a key feature, building or property must submit a written request — including specific information as to the purpose, proposed location (if applicable) and significance of the name —to the parks manager at the following address: Parks Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 b. When applicable, and if the name is intended to recognize an individual(s), group(s) or event, the parks manager will attempt to verify that the recognition is acceptable to the individual(s), group(s) or event, or the appropriate representative of the individual(s), group(s) or event. c. The parks manager will review the request and prepare a recommendation and cost estimate to implement the name. d. The request and recommendation will be placed on a council agenda for informal discussion by the City Council. e. At the discussion the council will either: - Direct the parks manager to prepare a resolution to formally adopt the name. Under this option, the council will also need to determine whether the Requestee or the city will be financially responsible for the costs to implement the name, including a plaque or signage (if desired.) If the city assumes the costs, staff will assist the council in identifying and selecting a city funding source to implement the name. - Determine that a majority of the city councilors do not support the name, and the request will not move forward. f. With council support, a resolution naming the feature, building or property will come before council for formal action. g. If the resolution is adopted, the parks manager will work with the Requestee to implement the name. D. Changing the Name of City Key Features, (such as open -air shelters, sports fields, gardens, rooms, trails, etc.), Buildings and Existing Property, Including Parks 1. Irrespective of how the existing name was initiated or funded (city /non - city), the City Council has the authority to change the name of any city key feature, building or property. 2. The process to change the name of a previously named key feature, building or property is as follows: a. A city councilor or designee, city board or committee, or city staff member, "City Requestee," interested in changing the name of a key feature, building or property must submit a written request including specific information as to why the name should be changed and the purpose and significance of the new name —to the parks manager. b. The parks manager will prepare a recommendation, including a cost estimate to implement the name change. c. The request and recommendation will be placed on a council agenda for informal discussion by the City Council. d. At the discussion, the council will either: - Direct the parks manager to prepare a resolution to formally change the name; if applicable, staff will assist the council in identifying and selecting a city funding source to implement the name change. - Determine that a majority of the city councilors do not support the name change, and the name will not be changed. e. With council support, a resolution changing the name will come before council for formal action. f. If the resolution is adopted, the parks manager will implement the name change. E. Naming Requests for Properties under Acquisition, Including Parks 1. For tracking and record keeping purposes, the City Council recognizes it is preferable to name a property early in the acquisition process, typically as a part of the real property transaction discussed in executive session. 2. The city's Property Acquisition Workbook acknowledges that naming rights are frequently desired by those selling property to the city. After consulting council, staff may use naming rights as a non - monetary negotiation tool when attempting to purchase property. 3. During acquisition, the process to name a property is as follows: a. The parks manager will prepare a list of potential names for council consideration. The names will be generated by city staff involved in the acquisition and —when feasible as part of an executive session discussion on real property transactions — by: - The Park and Recreation Advisory Board (for park and open space properties). - The City Center Development Agency (for Downtown or urban renewal properties). - Other appropriate city agencies, boards or committees that play a role in the acquisition of city property. b. In correspondence or as part of the City Council's executive session discussion on real property transactions to purchase the property, the parks manager will provide the council with a list of potential names developed under this section. City councilors may also propose names for the property. c. During the City Council's executive session discussion on real property transactions to purchase the property, the City Council will direct staff to incorporate a property name into the purchase agreement (or comparable document). d. The council will take formal action on the name when it takes action on the purchase agreement (or comparable document) at a council business meeting. e. If the purchase agreement (or comparable document) is approved by council, the parks manager will implement the name. F. City Key Features City - Initiated Requests to Install Recognition Items, (such as benches, picnic tables, trees and shrubs) 1. The process to consider a city - initiated request is as follows: a. A city councilor or designee, city board or committee, or city staff member, "City Requestee," interested in having the city install an item must submit a written request — including specific information as to the purpose, proposed location, significance and type of item requested —to the parks manager. b. The parks manager will prepare a recommendation, including a cost estimate to purchase and install the item. c. The request and recommendation will be placed on a council agenda for informal discussion by the City Council. d. At the discussion, the City Council will either: - Direct the parks manager to install the item on behalf of the city. (No formal council action required.) If applicable, staff will assist the council in identifying and selecting a city funding source. - Determine that a majority of the councilors do not support the request, and the item will not be installed. e. If so directed, the parks manager will install the item. G. Non -City- Initiated Requests to Install Recognition Items (such as benches, picnic tables, trees and shrubs) 1. All items installed on city property must be approved in advance by the parks manager. The parks manager has sole discretion regarding the approval of the installation of all items submitted under this section. 2. The process to consider a non - city - initiated request is as follows: a. An individual or organization, "Requestee," interested in installing an item must submit a written request — including specific information as to the purpose, proposed location, significance and type of item requested —to the parks manager at the following address: Parks Manager City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 b. When applicable, and if the item is intended to recognize an individual(s), group(s) or event, the parks manager will attempt to verify that the recognition is acceptable to the individual(s), group(s) or event, or the appropriate representative of the individual(s), group(s) or event. c. The parks manager will review and approve or decline the request. d. If the request is approved, the parks manager will: - Notify the Requestee. - Collect payment from the Requestee to purchase and install the item. Requestees are financially responsible for all costs associated the item, including a recognition plaque (if desired). Specific information on plaques is outlined below. - Will work with the Requestee to install the item. e. If the request is declined, the parks manager will attempt work with the Requestee to amend the request so it is acceptable to both parties. If no agreement can be reached, the item will not be installed. 3. The parks manager will allow the following types of items: a. Benches must be contoured style or another approved style, designed for outdoor use and constructed of materials approved by the parks manager. Once approved, benches must be purchased through a Parks Division - approved manufacturer. A brass or bronze plaque, no larger than 2 1 /2 x 6 inches, may be affixed to the bench. b. Picnic Tables must be an approved style, designed for outdoor use and constructed of materials approved by the parks manager. Once approved, tables must be purchased through a Parks Division - approved manufacturer. A brass or bronze plaque, no larger than 2 1 /2 x 6 inches, may be affixed to the table. c. Trees and Shrubs must be a size and species approved by the parks manager. Plaques for trees and shrubs: - Must be made of bronze. - Can be no larger than 8 1 /2 x 11 inches. - Cannot be free standing, but must be affixed to a concrete, aggregate rock or boulder foundation. The parks manager will review the design of the proposed plaque and foundation and can provide examples of acceptable plaques. 4. The installation of other types of comparable items, (other than those specifically mentioned listed in this section), may be proposed by the Requestee and will be considered by parks manager. 5. The parks manager may alter the proposed location of the item to ensure ease of maintenance and to prevent conflicts with other park features. CL Edward Heintz `'�' ` �" «t� OS c1►�,� c4 • 12120 S.W. 116`" Avenue, Tigard, OR 97223 • Phone: 503.590.1640 3 / f a 01 March 18 2013 SUPPLEM NTAL PACKET FOR - 1 , City of Tigard, Public Works (DATE OF MEETING) City Council Members Dear Tigard City Council: ' �)- 14, ja.vrt �J The recent acquisition of the 2.9 acre property located south of Highway 217 on Greenburg Road affords the city of . Tigard the opportunity to honor the man who lived on this land for over 60 years. The purpose of this letter is to request that this future neighborhood park be named appropriately after John Peter Bagan. John Peter Bagan was born August 19 1924 and passed away on August 10` 2006. John served in the United States Army during World War II. He lost his leg in France during the war and was awarded a Purple Heart for his service and sacrifice. His prosthetic leg was a fascination to the children of family and friends, who would often give a quick "knock" to his leg to rediscover which was one was real and which one was not. Mr. Bagan purchased the property at 10910 S.W. Greenburg Road in 1946 and lived there until his death in 2006. In the early years, Mr. Bagan tended to his father who lived with him on the property. His father, John Peter Bagan was a veteran of World War I. On the Greenburg Road property, John raised golden and ring neck pheasants. He was also granted a federal permit to raise Canadian geese. The goats on the property were his "lawn mowers" in his later life and were only part of the menagerie of animals that lived on the property at various times in those 60 years. John's collection of animals included exotic birds, ducks, geese, catfish, chickens, rabbits, crawfish, sheep, cats, and goats. The assortment of animals found on the property and in John's pond provided enjoyment and memories for the children of John's family and friends. John Peter Bagan is buried next to his father at St. Anthony's Cemetery on Gaarde Street. John Bagan lived for 60 years at what is now slated to become a city park. He was one of the oldest residents of Tigard and Greenburg Road, but more importantly, he was also a memorable character, cherished by those who knew him. Honoring his memory by naming this park after him only seems appropriate. Sincerely, Edward Heintz (- Former resident of 11070 S.W. Greenburg Road and John Bagan's friend and neighbor 111 II City of Tigard T I GARD Public Works Department Parks Division Parks Bond Program Report June 2013 PROGRAM SNAPSHOT The city adopted its Park System Master Plan in 2009, which outlined the need to acquire park property and construct park improvements to preserve open spaces, enhance water quality and provide recreational opportunities. On November 2, 2010, Tigard voters passed a $17 million general obligation bond to fund the purchase of real property for parks and to fund a limited amount of park improvements. To date, the city has acquired over 108 acres of new park and open space land and has spent approximately $12.5 million of the bond. The remaining funds will be used for additional park and open space acquisitions and to construct various park improvements, like picnic shelters, playgrounds, trails, sport fields and restrooms. PROGRAM MILESTONES The following list identifies the major milestones completed for the parks bond program. • Completed acquisitions of Summer Creek, Sunrise, Potso, Paull and Eiswerth properties, Fields property and the Bagan property — adding over 108 acres to the city's parkland inventory and leveraging bond resources with over $6 million of grant and local agency contributions to the program. • Prepared Project Charters for East Butte Heritage Park, Jack Park, Fanno Creek House, Dirksen Nature Park (Summer Creek property), East Bull Mountain (Paull /Eiswerth) properties and the Sunrise property to define project scopes, milestones and site conditions and constraints affecting design and permitting. • Completed conceptual park master plans for East Butte Heritage Park, Jack Park, Fanno Creek House, Dirksen Nature Park and the Fields property. • Initiated the conceptual master plans for the Sunrise and the East Bull Mountain properties. • Obtained Conditional Use Permit approval for East Butte Heritage Park from city planning. • Obtained land use permit approval for the Fanno Creek House from city planning. • Obtained land use permit approval for the Jack Park addition from city planning. • Initiated design development and land use and environmental permitting review for the Dirksen Nature Park. • Awarded construction contract and hosted a groundbreaking ceremony for East Butte Heritage Park. May 30, 2013 Page 1 of 6 Parks Division Parks Bond: Program Update STATUS OF WORK IN- PROGRESS The following summarizes the key tasks associated with the major projects for the parks bond. East Butte Heritage Park: At its April 9 meeting, City Council awarded the construction contract for East Butte Heritage Park to DaNeal Construction. Contracting and project bonding commenced immediately thereafter, and a Notice to Proceed was issued on April 23. The contractor has started the project, and construction is underway and will be completed in late July. Improvements will include a restroom, picnic shelter, playground, pathways, landscaping, bicycle racks and site signage. On April 25, the mayor, PRAB members and community members officially broke ground on the project with a celebration at the park site. Web page: www.tigard - or.gov /community /parks /east butte heritage park.asp Fanno Creek House: An invitation to bid was publicized on April 24 for the Fanno Creek House site improvements. On May 15 the city received four bids for the project, and the lowest responsible bidder's total was $135,000. Staff will present the recommendation of award to the Tigard Local Contract Review Board (City Council) at its June 11 meeting. Following approval of the bid and contracting, site improvements could start in early July and be completed in late summer. Site improvements will include upgrading or re- paving parking areas, addressing emergency response vehicle access, addressing tree and landscaping installation, and adding bicycle racks and site signage. Web page: www.tigard- or.gov /community /parks /fanno creek house.asp Jack Park: Staff has reviewed the final 100 - percent construction drawings, the preparation of bid documents is underway. An invitation to bid for the Jack Park addition is tentatively scheduled for the first week of June, with bid opening to follow two weeks later. If satisfactory bids are received, staff will present the recommendation of award to the Tigard Local Contract Review Board (City Council) at its July 9 meeting. A contract with Western Wood Structures of Tualatin has been finalized for the design, construction and delivery of a 110 -foot wooden truss bridge to span Krueger Creek and localized wetlands on the property. The delivery of the bridge to the park property is expected by mid July to coincide with the commencement of park improvements by the general contractor. Web page: www.tigard- or.gov /community /parks /jack park.asp Dirksen Nature Park: The conceptual park master plan was completed last year and was approved by the Park and Recreation Advisory Board. Following a request for a detailed scope of work for design development, construction drawings and permitting, WHPacific of Portland was selected, and City Council awarded the contract in February. The park design is being refined for the pending submittal of land use and environmental permits. The project team has completed an update to the wetland and natural resource information and is progressing through design development. A public meeting was held on May 14 at Fowler Middle School to present the current design drawings for the Dirksen Nature Park. The neighborhood meeting was held in advance of the pending land use application, as required, to offer residents an opportunity to comment and provide feedback on the proposed park design. Additionally, a project pre - application conference with Clean Water Services was held in early April, and the completed application to CWS was submitted in early May. Regulatory comments from Clean Water Services in the form of a Service Provider Letter are a requirement of the city's land use application process. The land use permit application will be submitted by the end of June 2013, and a determination by the Hearings Officer is anticipated in the fall 2013. Web page: www.tigard - or.gov /community/parks /dirksen nature park.asp May 30, 2013 Page 2 of 6 Parks Division Parks Bond: Program Update East Bull Mountain Property (Paull /Eiswerth): The park concept master planning process began in the first quarter of 2013 and will define the future development of the site as a neighborhood park. Following a solicitation for bids in February, Lango Hansen of Portland was chosen for the project and contracting was finalized in late April. The concept master planning process will include two community meetings, stakeholder discussions and a detailed site analysis to consider park improvements such as pathways, shelters, playground, interpretive elements, along with options for the removal or repurposing of the residential structure. The first of two community meetings to discuss the conceptual master plan was held on May 23 as part of the standing monthly meeting of the Friends of East Bull Mountain Park. City staff and the landscape designer discussed the master planning process and park design options. A second neighborhood meeting may occur in July to review the updated conceptual park design and seek consensus on the concept master plan. The completion of the master planning process is expected during the third quarter of 2013. Web page: www.tigard - or.gov /community /parks /east bull mountain.asp Sunrise Property: A community -based park master planning process was initiated in December, and an initial neighborhood meeting was held on February 27 to discuss the conceptual site planning process for this future park. Project staff and the landscape architect presented potential development concepts for the park and listened to community input. Also in February, the project team conducted discussions with six key stakeholders, including the Friends of Bull Mountain and several sport associations, to explore any specific design concerns or considerations for this property. A second public meeting was held on April 24, and project staff and the landscape architect presented a revised conceptual master plan based on resident interest and feedback from the first meeting. The project team is preparing a summary report, and a conceptual master plan will be completed by June 2013. Web page: www.tigard - or.gov /community /parks /sunrise.asp Property Acquisitions: Due diligence, discovery and negotiations have continued for other high priority park acquisition sites following City Council's guidance last year to negotiate the purchase of additional properties. The internal project team continues to work with the Park and Recreation Advisory Board and the City Center Advisory Commission toward the acquisition of downtown park sites. To date the acquisition portion of the parks bond program has leveraged $6.05 million of grant and local agency contributions to the program; this represents a net leveraging of 50 percent of outside resources to the bond program and an effective 2:1 ratio of bond to outside funding for local acquisitions. LOOK AHEAD The following represents scheduled upcoming milestones and activities for park planning and development projects funded through the 2010 park and open space bond measure. May 30, 2013 Page 3 of 6 Parks Division Parks Bond: Program Update Park Design & Construction East Butte Heritage Park — Public Works Engineering Project Manager Mike McCarthy • Construction underway: late -May 2013 • Road frontage improvements: June 2013 • Park restroom and shelter installation: June 2013 • Park site improvements and landscaping: July 2013 Fanno Creek House Site Improvements — Public Works Engineering Project Manager Greg Berry • Recommendation of bid award to Local Contract Review Board (City Council): early June 2013 • Contracting requirements, construction bonding, and notice to proceed: late June 2013 • Construction commences: early July 2013 Jack Park Addition — Public Works Senior Engineering Technician Jeff Peck • Invitation to bid publicized: early June 2013 • Bid opening: late June 2013 • Recommendation of bid award to Local Contract Review Board (City Council): early July 2013 • Contracting requirements, construction bonding, and notice to proceed: mid July 2013 • Construction commences: late July 2013 Dirksen Nature Park — Public Works Engineering Project Manager Kim McMillan • Application for city land use and sensitive lands review permit: early June 2013 • Anticipated land use decision: late October 2013 Supplemental Development Projects The following small park improvement projects are supplemental to the primary park construction projects and were recommended by the PRAB. These projects will enhance the city's park system by providing improved recreational experiences for residents and distributing the improvements to each section of the city. Senn Park Land Use Review for Playground Installation • Conditional use permit application submitted to city: July 2013 • Anticipated land use decision: November 2013 • Playground installation: January 2014 Potso Dog Park Land Use Review for Parking Lot Paving • Minor modification land use review submitted to city: July 2013 • Anticipated land use decision: August 2013 • Parking lot and stormwater facility installed: November 2013 Potso Dog Park Irrigation • Request for bids circulated and received: June 2013 • Irrigation installed: July 2013 May 30, 2013 Page 4 of 6 Parks Division Parks Bond: Program Update Summerlake Restroom • Planned start date: July 2013 Commercial Play Structure • Equipment ordered and received: March 2013 • Equipment installed: Summer 2013 Sunrise Property Concept Master Plan • Conceptual master plan and report compiled: late May 2013 • Park and Recreation Advisory Board review and approval: June 2013 East Bull Mountain (Paull/Eiswerth) Property Concept Master Plan • Second community meeting: July 2013 • Conceptual master plan and report compiled: August 2013 • Park and Recreation Advisory Board review and approval: September 2013 PROGRAM BUDGET SUMMARY A summary budget report and cost accounting information through mid May 2013 are shown on the following page. Detailed program- and project -level accounting is being used internally to track expenditures by project, type and source. i 1 .. May 30, 2013 Page 5 of 6 Parks Division Parks Bond: Program Update Parks Bond: Current Fund Balance & Expenditures BOND FUND STARTING BALANCE $ 17,116,903 ACQUISITIONS Bond Allocation - Acquisition (%) 80% Spent of Acquisition Component 86% Subtotal $ 11,729,832 Project Name Expenses - to - Date Dirksen Nature Park $ 3,366,122 Sunrise Park $ 5,003,214 Potso Dog Park $ 630,676 Downtown $ 25,327 Paull Property $ 1,762,043 Eiswerth Property $ 68,239 Fields Property 5 1,012,207 Bagan Property $ 214,690 Misc. Acquisition Work $ 47,314 Sunrise Park (WA Co. transfer in) $ (400,000) DEVELOPMENT Bond Allocation - Development (%) 20% Spent of Development Component 22.1% Subtotal $ 749,813 Project Name Expenses - to - Date East Butte Heritage Park $ 163,092 Fanno Creek House (Schaltz) $ 70,806 Dirksen Nature Park $ 103,244 Sunrise Park $ 27,673 Jack Park 5 128,746 Fields Property $ 3,613 East Bull Mountain (Paull / Eiswerth) $ 17,683 Potso Dog Park 5 1,614 Misc. Development Work $ 19,703 Overhead Costs (unallocated) 5 213,639 Total Expenditures to Date $ 12,479,646 Bond Fund Balance $ 4,637,257 May 30, 2013 Page 6 of 6 City of Tigard Parks Bond Expenditure Forecast ACQUISITIONS (May 2013) Cumulative Totals $14,000,000 - M ME MO OM >_ — IM M I MO E ME IM I I — MO — Minimum Acquisition Allotment (80 %) -- $13.6 Million $12,000,000 - Spent - to - Date — $10,000,000 - $8,000,000 - $6,000,000 - $4,000,000 - - — $2,000,000 - $- , I I 1 I 1 Dirksen Sunrise Potso E Bull Mtn E Bull Mtn Fields Bagan Downtown Tigard St In Progress (Summer (Paull) (Eiswerth) (reserved) Trail & Others Creek) Needed Acquisition Program Project Project Cost Spent to Date Cumulative Remaining ill Spent Spent to Date Dirksen Nature Park $ 3,366,122 S 3,366,122 $ 3,366,122 $ • Projected Sunrise $ 4,603,214 $ 4,603,214 $ 7,969,336 $ - Potso $ 630,676 $ 630,676 $ 8,600,012 $ - E Bull Mtn (Paull) $ 1,762,043 $ 1,762,043 $ 10,362,055 $ - E Bull Mtn ( Eiswerth) $ 68,239 $ 68,239 $ 10,430,294 $ - Fields $ 1,012,207 $ 1,012,207 $ 11,442,501 $ - Bagan $ 214,690 $ 214,690 $ 11,657,192 $ - Downtown (reserved) $ 1,360,000 $ 25,327 $ 11,682,518 $ 1,334,673 NOTES: Tigard St Trail 1) Project costs for in- progress and g $ 25,000 $ 3,188 $ 11,685,706 $ 21,812 pending acquisitions are estimated. In Progress Et Miscellaneous $ 310,000 $ 44,126 $ 11,729,832 $ 265,874 2) Additional contribution of $1 Other - Needed $ 340,000 $ - $ 11,729,832 $ 340,000 million provided by Park SDCs TOTALS $ 13,692,192 $ 1,962,360 (Fields). City of Tigard Parks Bond Expenditure Forecast DEVELOPMENT (May 2013) $4,500,000 Possible Cumulative Totals $4,000,000 I Spent III Projected $3,500,000 I m I — mir mm Development Allotment (20 %) -- $3.4 Million $3,000,000 $2,500,000 - - $2,000,000 - $1,500,000 - $1,000,000 - Spent Date $500,000 - - -- $- Overhead Jack Park Fanno Creek East Butte Dirksen Nature Fanno Creek Supplemental Downtown House Heritage Park Park Trail Projects Development Program Site Construction Cumulative Cumulative Earmark Set -Aside Spent to Date Overhead $ 500,000 $ 500,000 $ 423,858 * Jack Park $ 432,000 $ 932,000 $ 573,741 * Fanno Creek House $ 187,200 $ 1,119,200 $ 628,709 East Butte Heritage Park $ 521,000 $ 1,640,200 $ 1,117,287 Dirksen Nature Park $ 757,000 $ 2,397,200 $ 1,614,116 * Fanno Creek Trail $ 100,000 $ 2,497,200 $ 1,622,743 Supplemental Projects $ 520,000 $ 3,017,200 $ 1,712,351 Downtown (reserved) $ 340,000 $ 3,357,200 $ 1,712,850 Misc. Development $ - $ 3,357,200 $ 1,719,375 Maximum $ 3,400,000 Spent to Date $ 749,813 Encumbered $ 969,562 Cumulative to Date $ 1,719,375 As Percentage of 20% Maximum for Development 50.2% NOTES: * Contract pending by July 1) Project construction costs represent recommended PRAB allocations. City of Tigard Parks Bond Expenditure Forecast DEVELOPMENT (May 2013) Supplemental Development Projects Project Description Project Cost Cumulative Spent to Date Encumbered Cumulative Set -Aside Spent to Date SummerLake Restroom $ 105,000 $ 105,000 $ - ✓ Commercial Play Structure $ 13,000 $ 118,000 $ 9,857 $ 9,857 Potso Parking $ 37,000 $ 155,000 $ 9,857 * Potso Irrigation $ 50,000 $ 205,000 $ 9,857 Pathfinder Play Structure $ 35,000 $ 240,000 $ 9,857 ✓ Sunrise Concept Master Plan $ 50,000 $ 290,000 $ 19,951 $ 18,430 $ 48,238 ✓ E Bull Mountain Concept Master plan $ 45,000 $ 335,000 $ 11,520 $ 29,850 $ 89,608 * Senn Park Structure $ 50,000 $ 385,000 $ 89,608 Metzger School Park Facilities $ 135,000 $ 520,000 $ 89,608 NOTES: ✓ Substantialy completed * Contract pending by July • i T I GARD TO: Dennis Koellermeier, Public Works Director FROM: Brian Rager, Assistant Public Works Director RE: Task Charter: Evaluation of a Recreation Program DATE: June 5, 2013 Purpose of Evaluation Based on multiple public inputs, questions and information provided to the city over the course of several years, staff recommends that a comprehensive analysis be completed by an outside consultant that would provide the necessary information for staff to make a recommendation to the council regarding the following questions: 1. What role should the city play in providing recreation programs? 2. If the city were to provide recreation programs, should those programs be operated under a cost recovery model? Should a partial subsidy be considered? Background The city currently does not fund a centralized "recreation program" within the city organization, and has over the course of many years pondered questions related to recreational needs in Tigard and what role, if any, the city should play in providing recreation programs where gaps are noted. While the city does not have a centralized program, various departments within the city provide (or have provided) certain programs that could be considered "recreation" by nature: Library Offering Status Computer classes On -going Special guest speakers or presenters (Reptile Man, authors, On -going poets, etc) Workshops and classes by local vendors (travel, art, etc) On -going Task Charter: Evaluation of Recreation Program Page 1 of 7 Movie Nights On -going Concerts On -going Police Offering Status Drug Abuse Resistance Education (DARE) Program — On -going reached 900 students per year. Gang Resistance Education and Training (GREAT) Programs: On -going • School program — reaches over 950 middle school and 200 elementary school students. • After - school program — Over 800 students attended GREAT Summer Camp — 500 students attended in 2011 Eliminated in 2010 budget cuts Women's self - defense classes Eliminated in 2010 budget reductions Peer Court On -going Youth Advisory Council On -going Public Works Offering Status Athletic field rentals On -going Annual Balloon Festival support On -going Community gardens support /coordination On -going Special use permits issued for group activities and events, On- going /limited many actively seeking city co- sponsorship (fun runs, walks, tours, dog park events, skate park events, tournaments, etc.) Environmental Education: The City has a $30,000 /yr. Ongoing contract with the Tualatin Riverkeepers to provide classroom field trips during the school year and weeklong summer camps for youth at the Dirksen Nature Park. This program is to meet Grant requirements for the Park property purchase. City Administration Offering Status Family Fest support Eliminated in 2010 budget reductions Events Coordination — included a full -time employee. Eliminated in 2010 budget reductions In 2011, the Community Attitudes Survey showed the following community interest: Task Charter: Evaluation of Recreation Program Page 2 of 7 • 34% of telephone respondents and 35% of internet respondents said the city should provide a monthly catalog of recreational and leisure activities and coordinate a limited number of activities. • 28% of telephone respondents and 17% of internet respondents said the city should provide a monthly catalog of activities, coordinate a limited number of activities, and schedule athletic fields and facilities. • 20% of telephone respondents and 29% of internet respondents said the city should be a full service provider of recreation and leisure activities. This could include cataloging activities, coordinating and scheduling a full range of activities from youth leagues to festivals, hosting events and festivities, and acquiring the necessary facilities, fields, and buildings. • In summary, 79% of respondents think the city should have some role in recreation; most respondents preferred a limited role. Council Goals and Priorities The City Council created a 2012 goal related to recreation as follows: "Evaluate options and resources to create a pilot recreation program: • Inventory existing city and community recreational programs, facilities and resources. • Create recreational opportunities by partnering with the school district and other agencies or groups. • Identify funding options aligning with the recreational programming demand." Staff continues to work with Tigard - Tualatin School District (TTSD) related to partnership opportunities that might help to enhance recreational offerings in Tigard. One such opportunity that has gained some ground is to enhance /improve an open field area at Metzger Elementary School. A full-size play field suitable for soccer can be developed there which would add to the inventory of playable fields. In 2013, the City Council established six -month priorities for 2013 which included: • Evaluate options and resources to create a pilot recreation program (2nd and 3rd Qtr) o Use recreation inventory to match with program demands /service gaps. o Determine options for future programming (including partnerships). The FY 12/13 budget included a $60,000 allocation to pursue council's goal. Staff has completed a database inventory of recreation offerings within and near Tigard's boundaries. That Recreation Resource Guide was rolled out for public use in late February 2013 and was publicized in the March edition of Cityscape. On -going maintenance of this tool is required, as information from vendors and providers will change constantly. Task Charter: Evaluation of Recreation Program Page 3 of 7 PRAB Participation and Goals The Park and Recreation Advisory Board (PRAB) has expressed strong interest in the city pursuing a more robust recreation program within the city's organization and made a strong recommendation to the City Council in November 2011 to include a community recreation /activities program in the FY 12/13 budget. The PRAB has been presented with various questions and opportunities in the last year that further the need to answer the questions listed at the beginning of this document. One recent example is a Tigard resident who has made multiple presentations to the PRAB regarding the YMCA, including recommendations for conducting a feasibility study as to whether a YMCA would fill a needed role in programming. The YMCA has indicated to the city that it can work with cities to conduct comprehensive studies. These YMCA- specific feasibility studies typically cost between $22,000 and $25,000. The PRAB recently established their 2013 goals, which included the following: • Continue to pursue a citywide recreation program and promote the online inventory of current citywide recreation offerings. • Research alternatives for park and recreation funding and partnerships for 2013 -2014 and beyond. This particular goal ties in well with recent recommendations from the Mayor's Blue Ribbon Task Force. The PRAB provided staff with further direction toward the funding and partnerships goal in that they would like to see staff conduct a broad - scoped study that would use the data from the inventory to determine service gaps and explore various ways the gaps could be filled. They would like to see an online survey conducted to gain input from the citizens and would like the study to be open to all potential solutions, not just a YMCA. Proposed Scope for Evaluation Based on council and PRAB direction, the following elements are recommended to be included in a scope of work for this evaluation: • Analyze inventory: o Determine range of services and programs provided. o Are services being used? o Does the Recreation Resource Guide provide enough benefit alone? • Gap analysis: o Use the Recreation Resource Guide as the baseline inventory. o Conduct a public survey. May need to be separate from the pending 2013 Community Attitudes Survey, based on timing. o What programs, services and facility features are most in demand among prospective participants? o What opportunities exist for minimal city expense, and maximum citizen benefit? Task Charter: Evaluation of Recreation Program Page 4 of 7 o What is the right delivery solution to fill the gaps? • Recreation Center? • Higher use of Rec Finder tool? • Some programs provided by city? • Programs by others? • Some combination? o Who should deliver the solution(s)? • City? • Public /private partnership? • Private provider? • Cost analysis: o Given survey results, how much are participants willing to pay? o What is likely subsidy level for the city? Important Criteria to Consider • Must satisfy the council's six -month priority. • Must address PRAB's 2013 goals. • Must clearly answer the primary questions: o What role should the city play in providing recreation programs? o If the city were to provide recreation programs, should those programs be operated under a cost recovery model? Should a partial subsidy be considered? • Must also address the following secondary questions: o Is there a need for a centralized recreation center? • If yes, should the center be operated by the city or by a private entity? o Should the city consider a partial subsidy for a program? • If so, how much? • If so, what is the funding source? Successful Outcomes This evaluation will be considered a success when the following outcomes are met: • Council will be presented with adequate costs analyses and data that answer the questions listed above, thereby making their decision less subjective. Stakeholders External Stakeholders • Public customers (residents and non - residents) • Private recreation service providers • Business organizations Task Charter: Evaluation of Recreation Program Page 5 of 7 Internal Stakeholders • City Council • City manager's office • Public works director and department staff • Library director and staff • Police chief and staff Evaluation Team In order for this evaluation to reach successful outcomes, an interdepartmental team should be formed to ensure that pertinent facets of the organization are represented and considered: • Brian Rager Public Works (Chair) • Steve Martin Public Works (Project Manager) • Greer Gaston Public Works • Liz Newton City Administration • Molly Carlisle Library • Jim deSully Police • Debbie Smith -Wagar Finance • Troy Mears PRAB • Marc Woodard Council Citi <en and community advisory groups • PRAB General Public Involvement The evaluation team will develop a communications plan for this effort, which will include all opportunities to request and receive public input. Estimated Cost of Evaluation and Schedule Stage Start Date Finish Date Estimated Cost Feasibility scope 3/1/2013 6/5/2013 $2,000 development (staff time) Solicitation (RFP, RFQ, 6/15/2013 7/15/2013 $3,000 etc) Feasibility Study 8/1/2013 10/30/2013 $45,000 development Total / Overall $50,000 Task Charter: Evaluation of Recreation Program Page 6 of 7 Funding for Evaluation Sources Estimated Amount or Percentage Park Division Budget (from $60,000 total $50,000 appropriation in FY 14 budget for pilot recreation program) Total $50,000 Evalua ' en Charter Approval: IMO/ Pules orks Director L AA•44;ea j City Manager Financ ( irector Task Charter: Evaluation of Recreation Program Page 7 of 7 / 4 , 7W V gt-t /em 6 Jl it /o i3 Document Timeline Agreement Between City of Tigard and Tigard Little League/Southside Soccer February 2, 1998 Original Atfalati Recreation District/City of Tigard Agreement This is the original agreement that addresses the purchase of the land and how the groups will work together. April 22, 2003 Amendment This filled in details on how the newly- planned concession building would be handled - the 1998 agreement had only briefly touched on it because it wasn't planned at that time and it was in 2003 that they moved forward with the building. April 22, 2003 Amendment 2 This was a separate document that laid out the new, combined payment schedule for the purchase of the property (that had started in 1998) and the new payments that were for the concessions building. May 12, 2010 Amendment 3 This document amended Section 15 (Termination) and Section 4 (Goals). It also acknowledges the dissolution of ARD and assigns the rights of the agreement to TLUSSC. February 21, 2013 CoT- TLUSSC Meeting Notes These are meeting minutes that the City provided after a meeting this February. March 6, 2013 CoT Notice of Termination Letter This is the letter officially stating that the City wants to terminate the agreement. May 2, 2013 TLL -SSC Response to CoT Letter This is TLUSSC's response to the City's Notice of Termination letter. June 3, 2013 CoT Letter of Response This is the City's response to our letter dated 5/2/13. June 11,2013 Kim Kelleher Speech / Discussion Points For reference purposes, the speech made at the 6/11/13 City Council Business Meeting and discussion points created by TLUSSC. EX_IBIT A T I AD CITY ORDINANCE. t 98- J AGREErNT The City of Tigard, an Oregon municipal corporation ( "City "). has purchased real property defined as the GrayiLamb Cook Park Addition ("Property ") as more 7articularly described in the attached Exhibit "A ". for the sum of $300,000 and the Atfalati Recreanon District, Inc.. an Oregon non -profit corporation CARD"), will be contributing the sum of S150.000 towards the purchase of the Property as hereinafter set forth. The purpose of this agreement is to set forth the obligations, rights, and responsibilities of the parties concerning the purchase of the Property, development of the Property, improvements to the Property, maintenance of the Property, and use of the developed fields and the related facilities with this expansion of Cook Park in Tigard, Oregon. The City and ARD (and its members Tigard Soccer Club [TSC] and Tigard Little League [TLLJ) have an arrangement at present whereby TSC and TLL have priority during wring their seasons for the use of the soccer fields and baseball/softball fields at the present park. The purpose of this agreement is to acknowledge the equity position that ARD will have in the Property being developed and that TSC and TLL will have a priority for the use of the developed Property during their seasons and to acknowledge that TSC and TLL will continue to have priority on the existing ball fields and soccer fields during the development of the ProPertY- Tie purpose of this agreement is not to reduce the present use that TSC and TLL have in the existing fields, nor is it to give additional benefit as to use of the existing fields, but merely to acknowledge present use and provide for future use of the developed Property. Page 1 - AGREEMENT The purpos of this agreement is to also allow for the consolidation and coordinated use of the present baseball softball facilities at Cook Park, the existing soccer facilities at Cook Park and the facilities to be developed on the Property. The cooperative efforts between the City of Tigard, ARD, and the various recreational organizations that use the present facilities and the facilities to be developed is desiraNe to maximize the use for existing organizations and future organizations The parties agree as follows: 1. Purchase of Real Property. The present members of ARD, TSC and TLL agree to pay the City a minimum of $15,000 per year for a period of ten (10) years toward the purchase price of the Property for a total payment of $150,000. ARD shall have the right to prepay its obligation at any time. The TSC and TLL are presently assessing their members a per- player fee to fund this purchase. To the extent that there are assessed funds that have been collected by ARD for this purchase in excess of $15,000 per year, ARD agrees to place these funds in a separate account (the Fund), and said funds shall be used upon agreement between the City and ARD as to the use of these funds for purchase, development, improvement and maintenance of the Property. The first payment shall be due August 1, 1997, and each payment thereafter shell be due on May 1 of each year tnntil the entire $150,000 is paid. The City and ARD recognize that ARD is soliciting additional members to its organization. It is agreed that should additional ARD members use the Property, they shall be assessed for the use of the Property and funds assessed shall go into the Fund provided for herein. It is further Page 2 - AGREEMENT anticipated by the City and ARD that there «ill be other uses for the fields to be developed on the Property and users fees charged and collected by the City and that the City will place these funds in the development fund for the Property until the Management Committee ( `Committee "), as defined in Paragraph 2, has determined that the development called for in the 1 Revised Cook Park Master Plan ( "Plan") has been subsranrially completed. At that time, the use of these user fees shall be renegotiated between the City and ARD. 2. Management Committee ( "Committee" . The Committee shall consist of two (2) City officials appointed by the City Council for the City, and two ARD representatives, one from TSC and one from TLL, appointed by their respective boards. With input from City staff and the boards, the development and improvement of the Property shall be the responsibility of the Committee within the confines of the City budget and funds becoming availmble from various sources. The Committee shall develop guidelines for use, scheduling, and maintenance of the Property. Tigard's Department of Public Works shall be responsible for maintenance of the facilities. 3. Mediation of Disagreements. The City and ARD agree that they will mediate any disagreements (including those arising in the Committee) between them and will immediately engage the services of a mediator to resolve their differences with reference to development, improvement, maintenance and use of the Property. Both parties acknowledge that they may have differences and agree in good faith to mediate and resolve all disputes having in mind the protection of the fields and the use of the fields by the maximum number of participants im the City and the • Page 3 - AGREEMENT surrounding area. The mediation shall be by agreement in a Form per the attached agreement which is attached hereto as Exhibit "B.." 4. Goals. The parties agree to the following goals: a. To provide an area that can be used by a large number of people for other City events such as the July 4 celebration and Tigard Festival of Balloons. b. To provide additional soccer and basebalUsoftball fields for TSC and TLL and other Tigard based youth and adult soccer and baseball/softball Ieagues as well as providing these fields to the public (which may be on a fee basis). c. To maintain all fields at Cook Park at a high quality by limiting their use by rotation, and provide increased maintenance. d. To attract large tournaments and other recreational uses for the Tigard community. A portion of the income from the proceeds would be used to maintain the fields. e. To have fields in the city available to the general public for general recreation. f. To accomplish the first five goals with limited taxpayer money, but working with the City to share parking, utilities, and combining the strengths of the park and the fields. 5. Construction of Fields and Related Facilities. Subject to the availability of funds ARD will construct appropriate fields on the Property. If the City builds additional facilities at Cook Park, this Agreement may be modified to include the use and operation of those facilities. • Page 4 - AGREEMENT The City and ARD agree that the improvements identified in the Plan for the development of the Property benefit the TSC and TLL as well as the general public as a whole. Development and improvement to the Property directly related to ARD and its membership leaggues; i.e. playing fields and parking (a percentage to be determined), and snack shacks (and the piayaround to service the field) are the responsibility of ARD. The City shall be responsible for those improvements that primarily serve the general public; i.e., playing fields and parking (a percentage to be determined), restrooms and pathways_ The above are examples and other development projects on the Property will be shared on a negotiated percentage basis between the parties. 6. Provision of Services to Property. City will provide electrical service, garbage collection (including refuse cans and dumpsters), water and sewer service to Cook Park as developed and expanded. City will provide ARD with access to the electrical panel for the sports fields during the recognized season in return for reimbursement, according to a schedule established by the City. 7. Payment of Costs for Annual Maintenance of Sports Fields. The Department of Public Works shall be responsible for a base level of maintenance for the sports fields such as mowing, watering, and fertilizing, etc., as determined in its annual budget process. If ARD wishes a higher level of maintenance on the sports fields and related facilities than the City is providing, then ARD may either provide such maintenance (with approval of the City) and be responsible for the cost, or it may negotiate these services and costs on an annual basis with the City. 8. Maintenance and Repair of Facilities. During the recognized TSC and TLL, seasons, ARD shall remove all litter and garbage to approved receptacles provided by the City and Page 5 - AGREEMENT keep the Property in a clean and safe condition. ARD shill be responsible for lining all sports fields. Whether fields are suitable for play on a day- to-da■ basis shall be the sole decision of the City's Public Works Director or designee. The City shall require any other user of the Property to leave the Property in good condition and repair, including removal of liner and debris from the Property when the use is completed. The City and ARD recognize a use of the fields is a resting period for the fields, and that this resting and rejuvenation period for the fields is to be considered as a use of the fields when determining other uses of the 6elc . 9. Improvements. ARD may make temporary or permanent improvements to the Property only with permission of the City Public Works Director consistent with the Plan and City financial processes. The City gives permission to ARD to provide a snack shack for ARD sales operation during the TSC and TLL recognized seasons. The City shall approve the type and placement of any improvement, including a snack shack, and shall receive funds to cover the cost of electricity to service the snack shack or actual cost as determined each year by the City's Public Works Director. All improvements to the Property shall be constructed consistent with all local and state legal requirements. Any improvement is the property of the City. Upon completion of the Plan, the City shall adopt a financial plan to fund its obligations under this Agreement. 10. Priority in Use of Sports Fields. The City has the right to schedule community events in Cook Park. The City and the Committee recognize that ARD has priority to use the sports fields for conducting TSC and TLL activities during_ the appropriate recognized TSC and TLL seasons. This priority of use allows ARD first option to use the sports fields and related facilities during TSC and TLL recognized seasons. Other persons or entities desiring to use the Page 6 - AGREEMENT Property for any purpose during the recognized seasons would have secondary priorities. Community events may preclude use of sports fields and related facilities by ARD; prior to scheduling these events the Committee shall be consulted. 11. Scheduling Other Uses of Property. ARD shall provide the Committee with a schedule of days and times of use and suggestions for field rejuvenation prior to February 1 of each year. The City shall schedule ARD reservation for the Property and review and schedule ARD's requests for other City fields. Reasonable use of the Property by other users consistent with ARD recognized TSC and TLL seasons, will be scheduled by the City utilizing a permit process. 12. Insurance. ARD and/or the specific member will maintain, in full force and effect during the term of this Agreement public liability and property damage insurance, including bodily injury, property damage, and personal injury insurance, covering ARD's and/or its member league's sponsored activities on the Property during the recognized sports seasons. This insurance shall cover all claims which might arise from operations and activities under this Agreement or pertaining to ARD's and/or its member league's activities directly and shall carry the City as an "Additional Insured." The insurance policy will be with a carrier allowed to transact business in Oregon. The policy of insurance maintained by ARD and/or its member league shall provide at least the following limits and coverages: General Liability and Property Damage and shall have a minimum liability of one million dollars for any one occurrence. ARD's and/or its member league's insurance policy shall contain provisions that such policy shall not be canceled or their limits of liability reduced without thirty (30) days prior written notice to the City Risk Manager. ARID Page 7 - AGREEMENT and /or its member league shall provide the City with Certificates of Insuran.:: in a form satisfactory to the City certifying the issuance of such insurance. The Certificates shat. be forwarded to: Risk Manager, City of Tigard, 13125 SW Hall Blvd.., Tigard. Oregon, 97223. :Jch certificates must be delivered prior to commencement of the terms of this Agreement. The procuring of such required insurance shall not be construed to limit ARD's and /or its member league's liability hereunder. Notwithstanding said insurance, ARD and/or its member league shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 13. Cooperation in Parks Planning. City has and will continue to involve the community in the planning for Cook Park, and design and construction of improvements to the Property. The City, TSC, I'LL, neighbors and others have participated as members of the Cook Park Task Force. Through their efforts, and that of a consultant, the Plait has been developed. Public meetings have been held throughout the process. In the future, City will give notice of public meetings regarding its parks planning process, when revisions in the Plan are under consideration. 14. Term. This Agreement becomes effective on the date it is signed by both, parties and will continue for a ten (10) year term which shall begin on August 1, 1997. 15. Ten Year Review and Termination of 'Agreement. Within a one - hundred and twenty day (120) period prior to the conclusion of the initial ten (10) year cycle, and each ten (10) year anniversary thereafter, ARD and City shall conduct a mutual review of this Agreement and modify or terminate the Agreement if both parties determine that such a modification or termination Page 8 - AGREEMENT is in the public interest. If at any time the Agreement is terminated and the property remain; available for active recreational use by ARD, or the Property becomes unusable for recreation) purposes, then no remuneration is required for either party. If at any time the Agreement terminated and the Property will be unavailable for ARD use as outlined in this Agreement, the the City will either dispose of the Property or provide ARID with a replacement facility equal to or better than the Property. If a disposition of the Property occurs, the proceeds of the disposition shall be split 50 per cent to the City and 50 per cent to ARD or its successors (after deduction of tlx actual costs of disposition). This Agreement may also be terminated by either party for a material breach of its terms. The non - defaulting party shall give a written notice of default and opportunir: to cure at least thirty (30) days before terminating the Agreement for cause. Upon termination. ARD shall remove all of its equipment from the Property and leave the premises in good order and repair. 16. Entire Agreement. This Agreement is the entire agreement between the parties. Except as provided in Paragraph 16, any modification to this Agreement must be in writing and approved by both parties. 17. No Partnership. ARD and the City are not partners or joint venturers. Neither party is responsible for the actions of the other in the use of the Property. 18. Anti- Assignment.. This Agreement may not be assigned by either party without written consent of the other party. 19. Public Contracts Requirements: Anti - Discrimination. The City agrees to comply with the provisions of ORS 279.310 to 279.320, relating to mandatory provisions in public Page 9 - AGREEMENT -: contracts relating to payment of laborers, payment of claims, environmental and natural resources laws and other matters, which statutes are incorporated herein for improvements undertaken by the City. The City and ARD agree not to discriminate in the scheduling or use of the Property against persons on the basis of race, religion, color, national origin, sex, age, marital status, disability, or political affiliation. 20. hor to Execute Asreement. This Agreement shall be approved by an ordinance of the Tigard City Council. ARD represents that the person signing the Agreement • on its behalf has authority to sign the Agreement. caNi f Lnan my /0=P DATED this -2 D day of-August-199T: CITY OF TIGARD ATF agi REC '" t.: DIS , INC. 1 By: _ r./ / /.�� • By: ►_ ���L ■ As its: C >' , linfe/Z As its: i:\admlcathy latialati.doc l ingi,N/tar( /.7) Page 10 - AGREEMENT • 1, 1 310 71 , :1r.ee neo.tf 43 N 411.71 SW CuMr 213.113 MAP J.M f iCt1e . SOUTH 3010040N RICN I 14AC I:�il:e 1111 .31" �Q!!?h 01. c I i• •, 1 1500 • 2/. /JAC. ° t p f 'I ir N H S :In ti o , 1�J 2 4 .0 g 3 g 1 f .1. 111 f' f er or a,' W LSI At 1741f4 SEE MAP 2S 1 141) • • EKEIBIT "B" - -o 15 -2 agreement to Mediae • AGREEMENT T:. MEDIATE This is an A 9= eement between (*J and hereinafter the • mediator, • to enter �'l and �.� into mediation with intent of resolving e ng the following issues: P) • The parties and the mediator understand and agree a follows: s 1. Nature of Mediation • The Parties hereby appoint and retain Ni as mediator . f'or their negotiations. The parties ' u derst mediation is an agreement-reaching mad that process'in which the mediator ar-Tists parties to reach agreement in a collabo consensual =alive, • and informed manner. It is understood that the • mediator has no mower to decide disputed issues for r- . The Pa'' pies understand � = a- pies - that mediation is not a substitute for independent , legal advice. The parties are encouraged such advice throughout 5 d to secure the mediation process and are stron advised to obtain independent le Y legal review of any formal me- sated agreement before signing that agreement. The parties under :hat the mediator obj stand objective is to facilitate the parti -'1emse i ves reaching their most constructive and fairest t3= ement. The parties also understand that the mediator :bliSalion to work on b e alf of has an party equally and that the •ed_atar cannot render individual ? e i ._ =al advic to any o - not render therapy a= =Y and o- .. arbitrate within z the mediation. �• Scope of Mediation The parties understand that iz is for mediator's concurrence, the Pa= t�es, with the ence, to .determine a me ;. the scone of and t:i s wil? � the daton be accomplished early in the mediation process. 3. Mediation is voluntary All parties here state their good -faith intention to complete their mediation by an agreement. It is, however, understood that any party may withdraw from or suspend P the • mediation process. at any time, for any reason. The parties also understand that the mediator may ' terminate the mediation if the tediator feels that the su.s d or e mediation will lead to an unjust or unreasonable result; if the me feels that an impasse mediator feels passe has been reached,; or if the mediator " that he or she can ne long effectively per_orm . a facilitative role. 4. Confidentiality It is understood between the parties and the - - �- mediator that the mediation will be strictly confideat_al. Mediation discussions, any draft resolution and any unsigned mediated agreements shall not be admissible in any court proceeding. Only ag'_ ement signed by a-ny pa-'ties may be so admissible. The parties further agree to not call i a -.. the mediator to testify concerning the mediation or to provide any materials from the mediation in any cdurt proceedinc between ec:+e_n the parties. The T i ati on is considered by the Parties and the mediator as EXHIBIT "H" czm 15 -2 ^5=eeme:t: CO Mediate • AGRE-r TO MEDIATE This is an Agreement between [ *J and [*J and hereinafter the 'mediator,' l , ator to enter into med.iaciar. w; tti the intent of resolving - 9 t..e following issues: (.1. T` parties and the mediator understand and agree as follows 1. Natu -tee of Mediation The parties hereby appoint and retain [ *1 as mediator for their negotiations . The parties' understand that mediation is an agreement-reaching process in which the mediator a. .sts narties to reach agreement in a collaborative, consensual, and informed manner. It is understood media has no power t the 'e'er to decide disputed issues for the parties. The parties understand that mediation is not a substitute i.ndepeadeIIt 1 itut, for l advice. The parties a_re eacavraged to secure ;uch advice throughout 9 the mediation process and are strongly advised to obtain lade P legal review of any formal mediated ogreemeat before signing that agreement. - the The pa_ pies under hat i. a mediator . stand iemse? V objective is s to facilitate the parties es reaching achin the__ most constructive and 00 - me=rest g The parties also understand that bl? ca Lion to work on behalf of the mediator has �• f each party equally ° Y and that the d�3�or cannot render ? � ..div_dual legal lz n advice to any party and not render the_ apy or arbitrate within the mediation. negotiations. All parties also understand and agree that the mediator may have private caucus meetings and discussions with any individual party, in which case all meeting and discussions shall be confidential betwe"1 sue:, mediator and the caucusing the 5 p - t y. The mediator may, however, have certain statutorily or judicially required reporting obl; gatic:- such as r eportin r .s S a reasonable belief that child abuse has talcA place or to speak up to protect one party from anat:1e_ if substantial physical harm' is a concern. S. Full Disclosure Each party agrees to fu and honestly disclose all relevant information and writings as requested by the mediato,. • all information _ equested by any other PartY, if the mediator determines that the disclosure is relevant to the mediation discussions. • 6. Mediator Impartiality The parties understand that the mediator must remain imPar ial throughout and after the mediation process. Thus, th mediator shall not champion the interests of the any party over another in the mediation or on o_ in any court or other proceedinc. parties agree that the mediator may discuss the parties' mediation process with any attorney any party _ Y may tarn as individual counsel.- Such discussions will not include any ne- ltiat_ ons, as all mediation negotiations must involve a ll parties directly. The mediator will p=ovice copies of torr esaondence, draft agreements, and written documentation to __depezdenc legal counsel at a party's request. The mediator may communicate separately with an individual mediating party, in . which case such "caucus • shall be confidential between the mediator and the individual mediating party, unless agreed otherwise by all parties and the mediator. 7 . Mediation Fees The parties and the mediator agree that the fee for the mediator shall be $(*) per hour for time spent with the parties and for time required to study documents, research issues, correspond, telephone call, prepare draft and final agreements, and do such other•things as may be reasonably necessary to ~ilitate the parties reaching full agreement. The mediator shall also be reimbursed for all expenses incurred as a part of the mediation process. A payment of $ t *l toward the mediator's fees and expenses shall be paid to the mediator along with the signing of this acreemment. Any unearned amount of this retainer fee will be refunded to the parties. The parties shall be jointly and severally liable for the mediator's fees and expenses. As between the parties only, = est}onsia_lity for mediation fees and expenses snail be: ft] The parties will be provided with a monthly accounting of fees and expenses by the mediator. Payment of such fees and expenses is due to the mediator no later than 15 days following t.__ date of such billing, unless otherwise agreed in writing. Should payment. not be ci.:ne? y made, the mediator may, in h: s her so l _ d' sc= ecion, stow all work behalf on behal� of the parties, including the d.=afting and /or distribution of the parties' agreement, and withdraw from the mediation. If collection or court action. is taken by the mediator to collect fees and /or expenses under this agreement, the prevailing party in any such action and upon any appeal therefrom shall be- entitled to attorney fees and costs therein incurred. DAZED: 19 C NIM t Client Mediator AMENDMENT TO AGREEMENT DATED FEBRUARY 2, 1998 BETWEEN THE CITY OF TIGARD AND ATFALATI RECREATION DISTRICT, INC. This Amendment is made between the City of Tigard, an Oregon municipal corporation ( "City") and Atfalati Recreation District, Inc, (ARD) and amends the agreement between them dated February 2, 1998. RECITALS a. City and ARD entered into an agreement dated February 2, 1998, concerning the respective rights and obligations of the parties in the Gray/Lamb Cook Park Addition (the Property), in which each party has an interest. b. Section 9 of the 1998 Agreement contains provisions relating to improvement in the park, including a "snack shack." C. The parties wish to clarify their respective rights and responsibilities relating to the sale of items at the park by amending Section 9 of the 1.998 Agreement as set forth below. AGREEMENT 1. Section 9 of the 1998 Agreement is amended to read as follows: • 9. Improvements and Concession Stand. a. ARD may make temporary or permanent improvements to the Property only with permission of the City Public Works Director consistent with the Plan and City financial processes. All improvements to the Property shall be constructed consistent with all local and state legal requirements. All improvements are the property of the City. b. The parties agree that ARD shall operate the concession stand on the Property under the terms detailed in the attached Exhibit A, which is incorporated by this reference. 2. All provisions of the 1 998 Agreement other than Section 9 remain in full force and effect. The 1998 Agreement, as amended, is not an agreement for the purchase or sale of goods or services. CITY OF TIGARD A 4 T ON DISRICT, INC. ,,,1 _ By Will 1 AM A. MONAHAN BY: 11tMI i . Its: C try __MANAaFR Its: MC f y�z Zp 3 V2.2-x3 EXHIBIT A TERMS OF CONCESSION STAND OPERATION l . ARD, in the exercise of ownership interest in the Property, may operate the existing concession stand on the Property. ARD may contract with one or- more appropriately licensed service providers to operate the concession stand. 2. In order to preserve the Property and the City's interests in the Property, ARD shall be responsible for cleanup and litter removal associated with the concession stand. ARD may place litter in City waste bins on the Property. 3. In order to allow clean up of the Property, the concession stand shall close one hour before dark. 4. ARD's right to operate the concession stand is limited to a right to sell items consistent with the purpose of the operation of the Property. ARD may sell food, non- alcoholic beverages, snacks, apparel, souvenirs, and other similar small items at the concession stand. ARD shall not sell or otherwise provide any tobacco products, alcoholic beverage, or food with alcoholic content at or from the concession stand. 5. Because the concession stand is City property, the City must approve the location, size, and appearance of all signs within or on the concession stand. 6. ARD is responsible for the maintenance, repair and upkeep of all equipment installed and/or operated by ARD or its contractor within the concession stand. ARD shall not install any equipment on the Property without the prior written approval of the City. The City is responsible for the maintenance, repair and upkeep of all equipment installed by the City or its contractors. ARD shall be liable to the City for any damage to City property caused by ARD or its contractor(s). ARD shall be responsible for cleaning plugged sewer lines in and from the concession stand unless the plugged condition is the result of faulty installation or design. 7. No modification to the structure of the concession stand shall be made without approval of both parties. Repair shall not be considered a modification for purposes of this section. The City may repair the structure without approval of ARD, but shall consult with ARi? ruing any repair. 8. The concession stand is currently connected to electric, water, and sewer. ARD shall be responsible for payment For utility services for the concession stand. 9. In the exercise of its ownership interest in the Property, ARD may also engage in sales of food, beverages, novelties and apparel at other locations on the Property. This provision does not create any right to construct a structure on the Property. ARD may exercise this right through contractors or licensees. a I. , ; . / IL ; t a #'= ',.... 10. ARD is not an agent, partner, or joint venturer of the City for an g P � J ty any purpose. Both parties have an interest in the Property and this agreement is intended solely to govern one aspect of their respective rights and interests in the property. 11. ARD shall defend, hold harmless and indemnify City, its officers, agents and employees from all claims, suits, or actions, and all expenses incidental to the investigation and defense thereof related to, or alleged to relate to, ARD's or its contractor's operation of the concession stand. If any aspect of this indemnity shall be found to he illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 12. ARD shall maintain insurance acceptable to City in full force and effect throughout the term of this contract and provide certificates of insurance to the City demonstrating the coverage required by this section. Such insurance shall cover all risks arising directly or indirectly out of operation of the concession stand, including the operations of any contractors of any tier, with coverage of at least $1 milt'ron per occurrence and $2 million aggregate. The insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The City shall be listed as an additional insured. If the insurance is arranged on a "claims- made" basis, ARD shall obtain Extended Reporting coverage for a duration of 24 months after ARD ceases to operate the concession stand. ARD shall not cancel or materially change insurance coverage without 30 days written notice to the City. The insurance policy shall include a cross - liability clause or separation of insureds clause. The procuring of required insurance shall not be construed to limit Section 12. 13. ARD shall comply with workers compensation laws and shall require its contractor(s) to do so. 14. All conditions required to be in an agreement of this type by ORS Chapter 279, including the provisions required by ORS 279.310 through 279.316, ORS 279.320 and ORS 279.334 through 279.380 are incorporated herein as though fully set forth herein, and ARD and its contractor shall comply with all applicable substantive provisions of those statutes. The parties have concluded that these requirements do not apply to this contract. However, should an administrative agency or court with jurisdiction decide otherwise, ARD shall hold the City harmless from any and all claims, penalties or damages resulting from failure to include comply with any provision of ORS Chapter 279. SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TIGARI) AND ATFALATI RECREATION DISTRICT, INC. THIS SECOND A1VIENDMEN7' is made and effective the ZZ day of 2003, by and between The City of Tigard, an Oregon municipal corporation (the "City") g rp rp { y") and Atfalati Recreation District, Inc., an Oregon nonprofit corporation CARD"). This Second Amendment is to that certain agreement between The City and ARD dated February 2, 1998, as amended by the parties effective ?- 2003 (said agreement, as amended, is referred to as the "Agreeme ). Recitals A. The Agreement sets forth the respective rights and obligations of the parties with regard to the Gray/Lamb Cook Park Addition (the 'Property") in which each party holds an ownership interest: t ' • B. The City and ARD S h previously amended Section 9 of the Agreement C. By this Second Amendment the parties intend to further amend the Agreement to provide for the installation of; and credits for, certain improvements to the Property and to clarify the payment obligations of ARD pursuant to the Agreement. Amendment 1. Section 1 of the Agreement is deleted and replaced by the following section and subsection: "1. Purchase of Real Property. ARD agrees to pay to the City in consideration for ARD`s ownership interest in the Property a purchase price for the Property in an amount, and in accordance with the schedule, set forth on Exhibit A to the Second Amendment of this Agreement (the "Purchase Price"). ARID shall receive credits against the Purchase Price as follows: (i) $12,500 upon completion by ARD of the purchase and installation on the Property of portable backstops, goals, benches, bases, pitching mounds, field lining and other improvements agreed upon by the parties; (ii) $7,000 upon installation by ARD of safety devices to prevent fly balls from traveling into the parking lot on the Property; (iii) $30,000 upon replacement by ARD of backstops and dugouts on the Property existing at the date of the Second Amendment of this Agreement; and (iv) $15,000 as a one-time total credit for scholarships given by ARD that benefit the community. "1.1 Application For and Potential Award of Grants. ARD may apply to the City in each of the ten (10) consecutive fiscal years, commencing with the 2003 -2004 fiscal year, for community event grants in the amount of $5,000 per fiscal year. ARD agrees that any and all grant funds obtained pursuant to such applications will be applied by ARD as payments to the City to reduce the Purchase Price." 2. Effect of Second Amendment. The provisions of this Second Amendment supercede and take precedence over any and all inconsistent provisions of the Agreement Except as amended hereby, the Agreement is restated and reaffirmed by the parties hereto. IN WITNESS WHEREOF, this Second Amendment has been executed and made effective by the parties as of the date first above written. CITY OF TIGARD, ' ATFALATI RECREATION DISTRICT, an Oregon municipal corporation INC., an Oregon nonprofit corporation k • C . I By: WT 1 1 TAM A. M(NAHAN By. Irs: CITY MANAGER Its: ' a = ` t R R g t4a - M f II 11 10 i !.: 1 11 I11511it5 gs c : t' I 1 %,=,ta¢ J ; °O b -r. i 9 t ..1 1$1 I 1 e P8 g Ili - ; t MI Wriiii a .� R x v_ggcg §SS °Y_ a 0 F ft a / I ' ti Li4 s a tt Am. L I _ n Eli III 1 8 . 1 i tt' 1' t x fi B I °1 fg Vill B I i 8 $ !I 8 E i i i w. - E A s 0 i Is A a i m fa . ; R * a .1 1 _ ii i z C 7, a j; i a li ili c s a i 11H 4 ;1 ;1;'111 1;11 ! $1 1 g€ I i 1 I to # Li I d t i I Ali �� — I I I 3 i 1- I d ill ASSIGNMENT AND THIRD AMENDMENT OF AGREEMENT BETWEEN 111E CITY OF TIGARD AND ATFALATI RECREATION DISTRICT, INC THIS ASSIGNMENT AND THIRD AMENDMENT is made effective thew' day of A g t, 2014 , by and between the City of Tigard an Oregon municipal corporation (the "City "), and Southside Soccer, previously known as Tigard Soccer Club, ( "Southside "), and Tigard Little League ( "Tigard LL "), previously known together as Atfalati Recreation District, Inc., an Oregon nonprofit corporation ( "ARD "), collectively known as the "Parties ", pursuant to that certain agreement between the City and ARD dated February 2, 1998, as amended by the parties effective April 22, 2003 (the "Agreement "). RECITALS A. The Agreement sets forth the respective rights and obligations of the parties with regard to the Gray/Lamb Cook Park Addition (the "Property"). B. The Parties amended the Agreement related to the Property, on April 22, 2003. C. ARD has ceased to exist, but its members Southside Soccer and Tigard LL, are acknowledged in the Agreement as Parties thereto. D. The City, Southside, and Tigard LL desire that Southside and Tigard LL assume ARD's rights and responsibilities under the Agreement, pursuant to the Agreement Section 16. Entire Agreement, and Section 18. Anti- Assignment, both sections of which required prior written authorization for assignment. E. The Parties wish to amend Section 15. Ten Year Review and Termination of Agreement, and Section 4. Goals of the Agreement. F. By this Assignment, the Parties consent to assign to, and Southside and Tigard LL ( "Assignees ") consents to accept, ARD rights and responsibilities under the Agreement, and to amend Section 15 and Section 4 of the Agreement, as set forth below. ASSIGNMENT AND THIRD AMENDMENT 1. ARD hereby assigns to Southside and Tigard LL all of its rights and responsibilities under the Agreement, including but not limited to all control, use, financial and other rights and responsibilities related to the Property as set forth in the Agreement. 2. The provisions of this Assignment supercede and take precedence over any and all inconsistent provisions of the Agreement. Except as assigned hereby and herein, the Agreement is restated and reaffirmed by the Parties hereto. 3. Section 15 is hereby amended as follows: "Section 15. Termination. This Agreement shall be extended to October 1, 2008, and shall automatically renew each year unless one or all of the Parties provides in writing six months prior to October 1 of each year, their intent to withdraw from or modify this Agreement." 4. Section 4 is hereby amended as follows: "Section 4. Goals. g. To work together to develop operating parameters for the use of the Property facilities." IN WITNESS WHEREOF, this Assignment and Third Amendment has been executed and made effective by the Parties as of the date first written above. T: gored LL'. • any- 5 By: , � I1! Its:.dt..k c 'TTg•d L.tufl _ SOUTIISIDE: By: —- ��',�,•�� Its: D; t a U -rot al lvoLdi el y pc,. By. Its: /'vgt / 4 S doe z--- Tigard Little League & Southside Soccer Coordination Meeting DATE: February 21, 2013 LOCATION: 10 Mu Conf Room PRESENT: Kibwe Cuffie (SSC), Yvonne Sera (SSC), Paul Slover (SSC), Kim Kelleher (TLL), Brian Bullard (TLL), Steve Martin, Greer Gaston, Brian Rager, Mayor John Cook Meeting Notes End of Existing Agreement • Why it makes sense. • How rights of both clubs will be retained (TMC 9.04) There was discussion about the existing agreement having provisions that are out of date, or not applicable today, and that it is cumbersome to follow. The city is interested in terminating the agreement and working toward a new arrangement with the clubs. TMC 9.04 grants all Tigard - based, non - profits benefitting Tigard youth priority access to field reservations. Both clubs stated that they are concerned about the lack of an agreement, specifically due to the concern that they be considered equal with any other Tigard -based non - profits benefitting Tigard youth. TLL and SSC believe that since they were the two entities that paid the city for a portion of the Gray /Lamb property and for other improvements made to the fields that they should have more rights to the fields than other organizations. Brian indicated that staff does not have the authority to grant such a right and that we would go back and have discussions internally to arrive at a decision on that point. Future Business Relationship • What do the clubs need? • What does the city need? Moving forward, the group discussed various needs of both clubs and the city. Tigard staff clarified that the city's interest is to cover the on -going maintenance of the fields. We acknowledged that the going rate of $10 /hour does not have much if any science behind it and that we would like to perform some additional analysis to arrive at a more accurate rate. Yvonne mentioned that for SSC, it would be preferable that they be charged a flat fee for the season rather than an hourly rate, where staff from the city and from SSC would jointly have to keep track of, and agree upon, dates for which SSC actually used the fields. City staff commented that one reason for the hourly rate is to ensure that the clubs are only reserving what they will actually use. Kibwe and Paul indicated that SSC should be able to provide better actual time slots in the future. Kim commented that TLL has different needs. Specifically, TLL must deal with rainouts. Going with an hourly rate will pose challenges for them in that if they get a rainout and try to reschedule, it could be tough given other organizations being able to reserve the fields. Steve suggested that TLL might consider reserving additional time slots to provide rainout buffers. The group agreed that more discussion is needed on this matter. We had good discussion on the needs of the clubs. Both clubs feel strongly that the Cook Park fields have become their "home turf" and that this is valuable to them, both from a marketing standpoint and in the competitive environment of the soccer and baseball arena. Both clubs are proud of Cook Park and the fact that they helped to bring about the high quality of the fields and associated amenities. The clubs would prefer to have a solution whereby they are allowed to reserve the fields for their full seasons, pay the city a reasonable fee for this; and then have the option of allowing other users to utilize the fields if they do not need them. Kibwe said that because the soccer arena is so competitive, SSC would prefer that their competition not be allowed to use the Cook Park fields. Brian indicated that city staff would not be able to manage that kind of restriction. Kim also noted that TLL has a few competitors out there, specifically The Blast and ASA (both softball- oriented). These are Tigard -based and would fit into the category mentioned in TMC 9.04. Brian asked why many Lake Oswego teams wind up playing a majority of their games at Cook Park. And why should the city allow the LO Soccer Club to have a tournament at Cook? SSC staff explained that there is a lot of cooperation between soccer clubs for field usage. Each soccer club hosts their own tournaments at various times of the year, and when those occur, they will often need fields at other facilities controlled by other clubs. When SSC hosts the Chinook Cup, they will often ask the LO club if they can use some of their fields. In return, SSC may give up some of their field time at Cook when LO hosts a tournament. During league play, especially during the fall Player Development Academy (PDA), run by SSC, there is a lot of invitations to other clubs to participate so many outside -of -the -area teams will play games at Cook. To summarize the city's needs: o We need to cover our maintenance costs. o We need to minimize the complexity of schedule management. o We should be able to earn revenue from time slots not used by the clubs. Thus, the desire to have the clubs pay for what they reserve. Brian asked the clubs if they would be open to meeting separately with city staff so that we can focus on specific needs /issues of each. Both clubs said that would be fine. Before scheduling the next meetings with the clubs, the city will wrestle with the following question: `Based on the funds paid to the city since 1998, should SSC and TLL be granted priority rights to the Cook Park fields than any other Tigard- based, non - profits benefitting Tigard youth ?" Staff may need to float this question to the City Council for resolution. It gl i TIC;!JD March 6, 2013 City o f Tigard Board of Directors Southside Soccer Club PO Box 230169 Tigard, OR 97281 Board of Directors Tigard LinIe. League PO Box 230359 Tigard, OR 97281 Re: Notice of Termination of Agreement Dear Southside Soccer and Tigard little League Boards of Directors: This letter is addressed to the respective Boards of Directors of Southside Soccer Club and Tigard Little League, as co- successors in- interest to Atfalati. Recreation District, Inc. ( "ARD "), as to the rights and obligations under the Feb. 2, 1998, Agreement between the City of Tigard and :\RD, as amended by the First Amendment dated April22, 2003, the Second Amendment dated April 22, 2003 and the Assignment and Third Amendment (undated) (collectively called the "Agreement"). Pursuant to Section 3 of the Assignment and Third Amendment to the Agreement, the City of Tigaxd (Tigard) hereby notifies Southside Soccer and Tigard Little League of its intent to terminate the Agreement, effective Oct. 1, 2013. Prior to that date, the City intends to continue discussions with both -clubs regarding future field usage arrangements. Sincerely, • . n D. Raker Assistant Public Works Director 13123 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov May 2, 2013 Brian Racer Assistant Public Works Director 13125 SW fial Ord Timed, OR 97223 Re: Tigard Little League and Southside Soccer /Cook Park Dear M. Rager, Tigard Little League ("TLL ") and Southside Soccer Club ( "SSC ") are in receipt of your letter dated March 6, 2013 (`Letter"), whereby the City of Tigard provided written notice to TLL and SSS of the City of Tigard's unilateral intent to terminate that certain Agreement dated February 2, 1998 by and between TLL, SSC and the City of Tigard, as lawfully amended ( "Agreement "). Both TLL and SSC were extremely surprised and disappointed to receive the Letter as neither desires a termination of the Agreement. TLL and SSC understand that the City of Tigard believes it has the unilateral authority to terminate the Agreement pursuant to that certain Assignment and Third Amendment dated May 12, 2010. Please be advised that both TLL and SSC do not believe the City of Tigard has the lawful authority to unilaterally terminate the Agreement. Pursuant to the Agreement, SSC and TLL hereby request that the City of Tigard provide the following information: 1. An accounting of the Fund, which account is specifically set forth in the Agreement, including all activities and fees that have been collected or are otherwise due and owing from users, events or otherwise to the City of Tigard related to any activities with respect to the Property from the date of the Agreement to present and any disbursements made ,from such Fund; 2. The City of Tigard's desired preference for how to compensate TLL and SSC for the equity and ownership interest that TLL and SSC have in the Property should the Agreement terminate, and 3. An accounting of the costs and expenses incurred by the City of Tigard on Cook Park Feld maintenance from the date of the Agreement to present. TLL and SSC trust you will give this matter your immediate attention and look forward to prompt receipt of the information requested. If any questions arise, please advise. Sincerely, Ki :,..,,,./ elleher, Tigard Little League President / vonne Sera, Southside Soccer Club President June 3, 2013 TIGrs City of Tigard Kim Kelleher, President Tigard Little League PO Box 230359 Tigard, OR 97281 Yvonne Sera, President Southside Soccer Club PO Box 230169 Tigard, OR 97281 Re: Termination of City Agreement with Tigard Little League and Southside Soccer Club Dear Ms. Kelleher and Ms. Sera: This is in response to your May 2, 2013, . letter wherein you raised several questions related to the city's termination of the current agreement with Tigard Little League (ILL) and Southside Soccer Club (SSC). I will respond to each question below. City's Right to Terminate Agreement A question was raised about the city's right to unilaterally terminate the agreement. Section 3 of • the third amendment specifically authorizes any party to withdraw from the agreement upon providing written notice to that effect six months prior to October 1 of each year. That language amends Section 15, which is entitled "Termination." We equate the word "withdraw" to "terminate," as there is no other plausible construct of that term. ,accounting of the "Fund" You asked for an accounting of the Fund, as that term is defined in the agreement. The Fund is defined in Section 1 of the original agreement and was intended to be a tool used and maintained by the Atfalati Recreation District (ARD) and its members. ARD was assessing its players a fee to fund its payments to the city. Any excess monies resulting from the players' fees collected by ARD were as to be placed in the Fund. The city and ARD were to determine how these funds might be spent —on the annual property payments to the city, development, improvements, etc. Section 1 of the second amendment deleted Section 1 of the agreement in its entirety and replaced it with language which contains no reference to the Fund. Therefore, there is no fund to account for. Second, if original Section 1 still existed, it was an ARD (i.e., `'LL and SSC) fund, not a city fund.. 3123 S `' Hall Blvd. • Tigard, Oregon 972-23 ► 503.639.41'1 TTY Rrla. -: 503.6S4.2772 • www.tigard- or.gov eue Compensation to Tj.I. and SSC TEL and SSC have asked the city for its "desired preference of how to compensate 1 LL and SSC for the equity and ownership interest TLL and SSC have in the Property should the agreement terminate.' The short answer here is that the city has no obligation to provide such compensation because the agreement does not require it. This response is based on one of two possible arguments: 1. New Section 15 per the third arnendnierete dots. not require any compensation upon termination as may have been the case under orit nal Section 15; or 2. Even if the third amendment failed to delete the compensation provisions of original Section 15, original Section 15 requires no compensation if, upon termination, "the Property remains available for active recreational use by AR.D" ti.e., TLL and SSC). Because the city intends to make the property available to TI.L. and SSC for "active recreational use," under the language of original Section 15, "then no remuneration is required for either party." This makes sense. It is unfortunate that the agreement used terms like 'ownership interest" and "equity position." Those terms, looked at in isolation, have created a belief that if the agreement terminates, TLL and SSC should receive their half interest in the value of the property. But, the agreement does not work that way. Even the original Section 15 dearly contemplates that after tett viers of use the agreement can terminate and, that upon such a termination, TLL and SSC get one of three things: 1. Continued use rights. 2. Equal or better replacement facilities. 3. Half of sale proceeds if the property is sold. The city has chosen the first option. The spirit of the oriinal Section 15 of the agreement was to provide protection and remuneration rights to ARID if use of the fields was taken away within the initial 10 -year agreement period. Accounting of Cit 'e Costs '1L and SSC have asked for an accounting of the city's field maintenance costs for Cook Park. The agreement makes the city solely responsible for basic maintenance of the park and facilities ('agreement, Sections 2 and 7). These activities are not funded through TLL`s or SS's payments under the agreement. Accordingly, the city has no obligation to account for these activities. Previously we discussed—with both TLL and SSC —the fact that our current maintenance management software is not set up to track the work that is performed it out parks. Our new software, currently in the process of implementation, will certainly do that for us. We can only provide a ballpark estimate of how much of the Parks Division budget is attributed to Cook Park annually by using a proportion based on manpower assigned to that park. Using that proportion, roughly 31 percent, or approximately $525,000, of the Parks Division budget, is earmarked for the maintenance and operation of Cook Park. • Next Step, I hope this letter has adequately addressed the questions raised in your letter. I also want to reiterate our desire to continue further discussions with both TLL and SSC as to how we conduct business together in the future. I am holding off on scheduling another meeting with you until I have my discussion with council on June 18. At that meeting, I will ask council to address the fundamental policy question we talked about at our last meeting: Doe:, counci) wish to give preference to SSC and TLL above other Tigard - based, non- profits benefitting Tigard youth? The answer to that question will help guide our future discussions. If you have questions prior to my June 18 meeting with council, please do not hesitate to contact me at 50 718.2471 or e -mail me at brianr( regard- orgov. Sincerely, rian D. Rager Assistant Public Works Director c; Marty Wine, City Manager City Council Dennis Koellesrneier, Public Works Director . Steve Martin, Public Works Manager Greer Gaston, Confidential Office Manager • Kim Kelleher Speech to City Council June 11, 2013 My name is Kim Kelleher and I am the current President of Tigard Little League. I am here tonight because I know that at next Tuesday's working session meeting, you will be asked to decide whether Tigard LL and Southside Soccer should be considered different than other Tigard non - profit organizations when it comes to scheduling priority and financial considerations regarding Cook Park fields. Last October, I realized that the final payment in a 15 year agreement with the city would be taking place during my Presidency - I contacted the city to find out what would happen next and we began a series of meetings between the city and TLL/SSC. In February, Mr Brian Rager announced the city's intention to terminate the agreement that has been in place since 1998 and that he expected TLL and SSC to begin paying for fields at the $10 /hour rate as well as have the same priority as other Tigard non- profits per municipal code. Southside representatives and I expressed grave concern over this and made Mr. Rager aware that we felt that we should be viewed differently than other groups given the fact that, through our agreement, we have paid more than $500,000 to jointly purchase and develop, in partnership with the city, the East side of Cook Park. Mr. Rager seemed surprised that we thought we should be declared different and informed us that a decision like that needed to be made at a level higher than himself. I understand that the public does not have a forum in which to speak at a working session meeting so I am here today to make you aware of our interest in this subject and to provide you with a set of materials in case you do not already have them. Based on our meetings with city staff as well as discussions with people involved in the original agreement (Dave Nicoli, City Manager Bill Monahan, Public Works Director Ed Wegner and others), we believe that city staff's interpretation of the 1998 agreement, its intent and what was intended to happen at the end of the payment schedule is far different than ours. Mr. Rager has stated that the agreement is cumbersome and filled with things that are not being followed - the fact that it seemed to work fine while the payment schedule was ongoing, but now needs to be terminated as the final payment looms this October, seems a little more than coincidental. I am asking that you read the documents for yourselves and reach out to the people involved in the original agreement before you make any decisions. I would like to give special recognition to Bill Monahan who was City Manager at the time of the original agreement - he is here tonight to show his willingness to meet with the Council members at any time to answer questions about the agreement, its intent and what was intended to happen at the end of the payment schedule. In summary, I believe that the City of Tigard and TLL /SSC came together in a very unique way to create a "community alliance" with the purpose of providing fields and recreational opportunities for Tigard's children. I very much hope that we, the people at the helm of our respective organizations today, will continue that legacy for the foreseeable future. At this time, could I ask anyone present for this purpose to please stand? Thank you very much for your time. Discussion Points • A "community alliance" was formed back in 1998 between the City of Tigard and TLL /SSC - it has been in place for 15 years and coincidentally it is being terminated at the same time that the 15 -year payment schedule is ending. Why terminate now? • Our two non -profit organizations will have put in over $500,000 since 1998 - if we are going to pay an hourly rate and have the same priority scheduling as organizations like Tigard Lacrosse, why did we do this? • The City of Tigard does not have a recreation department that runs youth sports programs - TLL/SSC are the two largest providers of those services to the citizens of Tigard. • The more than $500,000 that the clubs have invested over the past 15 years was not for field rental /use - it was the agreed share of the original purchase price of the land, the development of the land and the building of the concessions and bathroom buildings. In essence, we signed on to pay a mortgage. The provisions of the agreement provided the clubs full access to the fields during their regular seasons and the agreement was to be reviewed every 10 years. It makes sense that, after paying off the mortgage, we would be responsible for some portion of Cook Park fields maintenance costs, but it does not necessarily make sense to pay rent on something that we helped to purchase. • Both clubs have invested time and energy into the fields well past the development stage - SSC has provided the soccer goals that are used by any entity that uses those fields through the year, and TLL provides all the chalk, turface and mound clay, as well as additional contracted field maintenance every year. We have paid for these items on top of the annual payments - we've done this because we see this as a partnership. • In speaking with people involved in the original agreement, it seems that without TLL /SSC's involvement, the city would likely not have been able to purchase the land due to a lack of shared vision between the owners, Bob Gray and Charles Lamb, and the city. In addition, I believe that our involvement allowed the city to be eligible for and receive at least $250,000 of state parks grant money that otherwise would not have been possible. • In his letter dated 6/3/2013, Mr. Rager stated that "it is unfortunate that the agreement used terms like 'ownership interest' and 'equity position' as, looked at in isolation, they have created a belief that if the agreement terminates, TLL and SSC should receive their half interest in the value of the property." A lot of very smart people from both the clubs and the city staff spent countless hours on making an agreement that was drawn up by an attorney happen - to suggest that any of the wording was "unfortunate" not only seems disrespectful, but also seems to be an attempt to rewrite history. • When Mr. Rager was asked what he, personally, thought the answer should be to the question of "Should TLL /SSC be different than other organizations ? ", he stated that he felt we had been "faithful tenants ". City staffs interpretation and our interpretation of the original agreement seem to differ vastly. We are concerned that City Council get the opportunity to hear from more than just city staff when making this decision.