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07/09/2014 - Packet Completeness Review for Boards, Commissions and Committee Records CITY OF TIGARD CCAC - City Center Advisory Commission Name of Board,Commission or Committee July 9, 2014 Date of Meeting I have verified these documents are a complete copy of the official record. Joe Patton,Meeting Secretary Print Name ignature August 15, 2014 Date 41 City of Tigard City Center Advisory Commission Agenda MEETING DATE: Wednesday,July 9, 2014— 6:30— 8:10 p.m. MEETING LOCATION: Red Rock Creek Conference Room 13125 SW Hall Blvd., Tigard OR 97223 1. Welcome and Introductions .........................................................................................................6:30— 6:35 2. Review / Approve June 11�h Minutes..........................................................................................6:35 — 6:40 3. Non-Agenda Items / Public Comment......................................................................................6:40— 6:45 4. Executive Session Training...........................................................................................................6:45 — 7:15 (City Attorney Tim Ramis) 5. Street Fair Preview and Downtown Events ...............................................................................7:15 — 7:45 (Debi Mollahan, Tigard Area Chamber of Commerce) 6. Downtown Branding Discussion ................................................................................................7:45 — 8:00 (Chair Murphy and Vice Chair Arendes) 7. Liaison Reports...............................................................................................................................8:00 — 8:10 8. Adjourn............................................................................................................................................8:10 P.M. Upcoming meetings of note: Wednesday,July 16,4:30-6:00 p.m.,TDA Downtown Dialogue, Cafe Allegro Wednesday,August 12,6:30 p.m,Regular CCAC Meeting, Red Rock Creek Community Room Saturday,August 16, 11:00 a.m. to 5:00 p.m.,Explore Downtown Tigard Street Fair Wednesday,August 20,4:30-6:00 p.m.,TDA Downtown Dialogue,location TBD Tuesday,September 2,6:30 p.m.,City Center Development Agency Board meeting,Red Rock Creek Conference Room Wednesday, September 10,6:30 p.m,Regular CCAC Meeting, Red Rock Creek Community Room Note:Weekly Main Street Green Street construction update meetings at Symposium Coffee,Tuesday mornings,7:00—8:00 a.m. CITY CENTER ADVISORY COMMISSION AGENDA—July 9, 2014 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.dgard-or.gov I Page 1 of 1 City enter Advisory Commission Meeting Minutes Date of Meeting: Wednesday,July 9, 2014 Location: Red Rock Creek Conference Room Called to order by: Chair Tom NIT h, Time Started: 6:30 prn Time Ended: 8:45 pm Commissioners Present: Chair Thomas Murphy (Yom);Vice Chair Carine ,rendes; Deane Bush; Sherrie Devaney; Laura Fisher; Link Pao; Richard Shavey;L inn Scro in,Alternate Commissioners Absent: Paul Miller Others Present: Councilor Marland Henderson, Council Liaison to the CCAC; City tlttormey Tun Ramis; Debi Mollahan,Tigard Arca Chamber of Commerce;Elise Shearer, TF AC. Staff Present: Renee Ferguson,Public V'orks;Steve Martin, Parks Manager; Joe Patton,Senior Adrru iistrative Specialist. AGENDA ITEM #1: Welcome and.Introductions Chair Tom Murphy opened the meeting and Joe recorded the roll call. AGENDA ITEM #2: Review / Approve Minutes The jure 11, 21014 CCAC Minutes were approved as amended. Link abstaitaed. AGENDA ITEM #3: Non-Agenda Items / Public Comment (Attachment 1) A. Richard talked with the PR,AB regarding the Memorial WaH and received a favorable response. Steven Bass, Chair of the TTAC, requested Richard to attend their,August 6"' meeting to discuss it as well. Richard also talked with the.American Legion and the goal is to get them to take the lead. B. Deanie noted that she had convinced the publisher of the Tigard-Tualatin Times to have a 4 page Pull out for the August 16"' Downtown Tigard Street Fair. It will.€vivre a schedule of events and a list of evernts. C. Tom noted that Hank Marsh resigned from the CCAC for personal reasons. Chair Murphy called for public comment. A. Elise distributed a copy of an entail regarding the financial impact of construction on downtown small businesses. The issue was postponed until the .August 13``'meeting. AGENDA ITEM #4; Executive Session Training (Attachment 2) Tun distributed a handout and conducted the Executive Session training from 6:401 pm —7:15 p.m. CCAC Meeting Minutes for Wednesday,July 9,2014 Page 1 of 2 AGENDA ITEM #5: Street Fair Preview and Downtown Events Debi provided a summary-of the downtown events and noted that the Chamber of Commerce social media interactions are increasing, including the website and Facebook. She discussed the TDA girt Walk event that took place and included 19 businesses displaying art for visitors to vote on. Elise noted that the merchant feedback was positive and approximately 75 ballots were returned. Debi gave an update on the Street Fair including events and entertainers planned and noted that she would update the website soon. She noted that there will be a partial street closure this year of approximately three blacks. Signage will be placed approximately a week before the event regarding street closure. Posters -,,,M be created for display by merchants, the lawn signs frornr last year will be used and large banners will be used at either end of..Main Street. Possible vendors were suggested for food items and battled water. AGENDA ITEM #G: Downtown Branding Discussion Carine noted that she and Richard met and updated Deanie on their conversations regarding branding. She also met with the TDA and Lloyd Purdy,Tigard Economic Development Manager. Branding is on TDA's radar but it will be a While before they can address it. The branding needs to be defined to determine who and what it is for so it can be focused. It is also more than just visual as it can include the emotions a person has toward it. There are no special landmarks to help define the brand. rafter discussion it was the general consensus that it may be more appropriate for the TDA to take the lead on the issue with the CCAC providing more of an advisory role and itwill continue to be an item of discussion. AGENDA ITEM #7: Liaison Reports Carine noted that the next PRAB meeting would be Jul), I e, Fuse stated that the next TTAC meeting would be at the Whole Foods Market on Scholls Ferry (Progress Ridge) in the outdoor seating area. It will be field August 6"' and the CCAC is invited.. AGENDA ITEM #8: Adjourn The meeting adjourned at 8:36 p.m. Joe Patton, Recording Secretary An'EST: J Thomas J. Murphy Chair _-- CCAC Meeting Minutes for Wednesday,July 9,2014 Page 2 of 2 Elise 4:59 PM (44 minutes ago) Shearer <e1isesarga2@gmai1.com> r-, Kerirry; Mar', I_I ^art. Tara, Carr'-' Hello Sean, Kenny, Marty and 'Lloyd, Tom & Carine, Last night several small businesses made appeals to the City Council for relief from the lost business they have been dealing with for the last six months of construction. Some business owners prepared' these last three years for the construction phase and some didn't, keeping their heads down and just ignoring the looming issue. Could offers of assistance forestall any potential legal proceedings which could be much more costly? Is it possible to pursue a low or no interest loan program to those businesses that can prove definite hardship to help them through until November? Six months of support loans could have a huge impact on those businesses surviving. We could potentially offer relocation assistance to those who would like to move to another location away from Main Street. Gould we find a way to approach those businesses coming forward to City Council and use some contingency dollars to fund a "business use support loan" package to keep them going instead? Call it "BUSL" as in creating bustle... Cr worm with a local bank to develop a low interest loan program that the city could administer? This is not good press for downtown Tigard, but stories of businesses making it through and thriving due to support given by the CDT would create success stories that would elevate the city's profile and encourage small businesses to locate within the CCT, which would increase employment numbers. Citizens have worked with the COT for the last several years to upgrade Main Street and make it attractive for business to move into the URD. We had Doped that businesses would not be lost due to attrition during construction, but would move on in the future because of selling or retirement due to increased property values. Let's create success stories? Thank you for your thoughts on this matter. Executive Session Training City Center Advisory Commission Presented b yTiI mothy V. Ramis JORDAN PAM I S PC ATTORNEYS AT LAW IPA iL) 0 July 9, 2014 PO Box 230669 Portland, Oregon 97281-0669 Telephone: 503.598.7070 Facsimile: 503.598,7373 www.jordanramis.com EXECUTIVE SESSIONS-PRINCIPAL ISSUES AND QUESTIONS A. Introduction: The open meetings laws apply to the City Center Advisory Commission (CCAC) by virtue of CCAC's advisory role to City Council. Because these statutes apply, the executive session laws also apply to CCAC. Our sense is that CCAC will encounter limited issues that it must consider in an executive session. B. Permissible purposes: A public body may meet in executive (closed) sessions only under certain, statutorily-authorized situations, and there are civil penalties for violation of executive session laws. The following are among the permissible purposes for executive session that CCAC might reasonably encounter: 1, Consideration of exempt public records. 2. Consideration of information submitted to the body in confidence 3. Consultation with legal counsel regarding litigation. 4. To deliberate with persons designated by the governing body to negotiate real property transactions. 5. Public investments. C. No final action:. No executive session may be held to take any final action or make any final decision. But the public body may make preliminary decisions (e.g., whether to offer to purchase property, etc.) in executive session. D. When can an executive session be tailed? 1. During an ongoing meeting: The body may call an executive session during the course of a regular, special or emergency meeting for which proper notice has been given. But before moving from a "regular" session into an executive session, the presiding officer must stili announce the statutory authority and topics must relate to that authority. 2. By advance notice before a meeting: City staff may issue advance notice of an executive session. Also, a public body may conduct a meeting that is only an executive session. 0 RDANR.M I S Inc _ X120 4 exec traarring sessran 9?346Q f.dr�exlAM!]17/9/,241 ATTORNEYS AT LAIN F_ How to convene an executive session: 1. Before a public meeting: City staff may publish a notice, before the meeting, that announces the statutory authority for entering into an executive session. 2. During a public muting: [luring a public meeting,the public body may decide that it needs to conduct an executive session. A motion may be used for this purpose. The subjects discussed in such a meeting would be among those that arose in connection with an item on the agenda. The presiding officer must still announce the statutory authority for entering into executive session. F. Limited topics: Items discussed in any executive session are limited to those arising under the announced statutory authority. The public body may discuss several topics so long as the authority has been announced for each topic. G. Media: The media cannot be excluded from an executive session, except for sessions regarding labor negotiations. Media representatives in attendance at an executive session should be instructed not to report or disclose matters discussed at the session; if such instruction is not given, the media may disclose the discussions. The presiding officer may prohibit the media from recording an executive session. Who is the Media? The media includes news-gathering representatives (i.e., reporters) of news media that ordinarily report activities of the public body, or ordinarily report matters of the nature under consideration by the public body. Compliance of nondisclosure requirements by the media is based primarily on cooperation, not on the imposition of any penalties. An executive session is a meeting that is closed to certain persons. Other persons (such as staff or consultants) who the public body decides may attend, may be included in such a session. Caution: After the close of an executive session a reporter can report any post- executive session comments made by a participant in the meeting. H. Enforcement: The Oregon Government Ethics Commission may consider complaints against public officials for violation of executive session laws, and may impose civil penalties of up to $5,000. RD JOAN RAM I S P' a��4 zxec trarnin�session_s73d8© i_docxLAM�l7/9/2DFd ATTORNEYS AT LAW I. Special Issues. Versions of the below questions frequently arise amongst city staff members who assist public bodies comply with these laws. 1. Can the public body eater executive session to discuss a confidential memorandum? Discussion: In this area the essential question is whether the memorandum is exempt under one or more public records laws. Staff must evaluate the document in advance of any executive session. Only if staff or a meeting participant can articulate the reasons the document is exempt(and it is a good practice to document the exemption when the answer is ambiguous) may the public body enter an executive session. We are occasionally asked whether a memorandum from the city attorney may supply grounds for an executive session. The answer is document-specific. But recall, that privileged information within a document may be subject to disclosure under the public records law. If enough passages, of a memo, would be disclosable (again, this is case-specific), then an executive session to discuss that document is probably not warranted. 2. Can the CCAC conduct an executive session to consider confidential information? Discussion: The CCAC could receive certain confidential information about urban renewal. This exemption would apply to documents submitted by persons seeking loans, grants, or tax credits from a ,project that may come before CCAC. See, ORS }.92.501(21). An executive session convened under this heading would be limited to a session to discuss sensitive information embodied in urban renewal documentation such as: ■ Personal and corporate financial and tax statements; • Project appraisals • Market studies or analyses; • Commitment letters • Project pro forma statements; • Project cost certifications and cost data; • Other similar documents. In addition to being one of these documents, O egon law applies a balancing 0 PagDAN ,P execr a00g sessiocs7s460 4.docAAMDn Old ATTORNEY 'S AT LAW test to the document: the public body could only maintain confidentiality if "the public interest [does not require] disclosure in the particular instance." ORS 192.501. Only if the document survives the balancing test would it qualify for discussion in an executive session, .3. What kind of lawsuits can be discussed during an executive session? Discussion: The public body can_discuss a lawsuit in executive session if a party has filed or is likely to file a complaint. The attorney general advises that where a complaint has not been filed, a controversy may be discussed in executive session if it is "more likely than not" that a suit will be filed, The attorney general advises that administrative cases (such as an unemployment insurance case) are not allowed under this prevision. However, an executive session may be appropriate if it is more likely than not that litigation may follow the administrative case. Even if a controversy does not appear likely to become litigated, if the governing body's attorney produces written legal advice, it may be possible to convene an executive session to discuss a document that is exempt from disclosure under the public records laws. See item 1, above, 4. Can the CCAC conduct an executive session over real estate transactions not involved in urban renewal? Discussion: Oregon law allows a public body to hold an executive session to deliberate with persons designated by the city council to negotiate a real property transaction. The topics are limited to the negotiations of the transaction. The executive session may not be extended to other issues, such as general city policies for acquisition or sales, the city's need for property or for public space, and so forth. page 5 JOKDAN PAMIS Pic exec training session 973480 I.dacxLAM[717I9/2744 ATTORNEYS AT LAW