CCDA Packet - 06/11/2013 q
City of Tigard
TIGARD CITY COUNCIL
BUSINESS MEETING
June 11, 2013
COUNCIL MEETING WILL BE TELEVISED
I:\Design&Comm unications\Donna\City Council\ccpktl
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 0 www.tigard-or.gov
City of Tigard
Tigard Business Meeting—Agenda
TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD AND CITY CENTER
DEVELOPMENT AGENCY
MEETING DATE AND TIME: June 11,2013 -6:30 p.m. Study Session;7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223
PUBLIC NOTICE:
Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask
to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two
minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager.
Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the
testimony sign-in sheet. Business agenda items can be beard in any,order after 7:30 p.m.
Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council
meetings by noon on the Monday prior to the Council meeting.Please call 503-639-4171,ext. 2410 (voice) or
503-684-2772 (TDD-Telecommunications Devices for the Deaf).
Upon request,the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers,it is important to allow as much lead time as
possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling:
503-639-4171,ext. 2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
VIEW LIVE VIDEO STREAMING ONLINE:
http://Iive.ti—oard-or.gov
CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be
rebroadcast at the following times on Channel 28:
Thursday 6:00 p.m. Sunday 11:00 a.m.
Friday 10:00 P.M. Monday 6:00 a.m.
City of Tigard
Tigard Business Meeting—Agenda
TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD AND CITY CENTER
DEVELOPMENT AGENCY
MEETING DATE AND TIME: June 11,2013 -6:30 p.m. Study Session;7:30 p.m.Business Meeting
MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223
6:30 PM
•STUDY SESSION
A. Follow Up Discussion from April 30,2013 Town Hall-Walmart Project
B. Discussion of Council Travel Policy and Travel Budget
•EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is
called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions
are confidential and those present may disclose nothing from the Session.Representatives of the news media are
allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information
discussed. No Executive Session may be held for the purpose of taking any final action or making any final
decision. Executive Sessions are closed to the public.
7:30 PM
1. BUSINESS MEETING
A. Call to Order
B. Roll Call
C. Pledge of Allegiance
D. Council Communications&Liaison Reports
E. Call to Council and Staff for Non-Agenda Items
2. CITIZEN COMMUNICATION (Two Minutes or Less,Please)
7:35 p.m. -estimated time
A. Follow-up to Previous Citizen Communication
B. Tigard High School Student Envoy
C. Tigard Area Chamber of Commerce
D. Citizen Communication—Sign Up Sheet
3. CONSENT AGENDA: (Tigard City Council and Local Contract Review Board)-These items are
considered routine and may be enacted in one motion without separate discussion.Anyone may request
that an item be removed by motion for discussion and separate action.Motion to:
7:50 p.m.-estimated time
A. Receive and File:
1. Council Calendar
2. Council Tentative Agenda for Future Meeting Topics
B. Amend Resolution 10-36 and Set City Council and Mayor Compensation-Resolution
C. Local Contract Review Board:
1. Award Contract for Construction of the Fanno Creek House Site Improvements Project to Casserly
Landscape,Inc.
• Consent Agenda-Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for
separate discussion will be considered immediately after the Council/City Center DevelopmentAgenay has voted on those items which
do not need discussion.
4. STATE OF THE TUALATIN VALLEY FIRE AND RESCUE DISTRICT PRESENTATION -
CHIEF MIKE DUYCK
7:55 p.m. -estimated time
5. CERTIFY THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR
STATE-SHARED REVENUES-RESOLUTION
8:10 p.m.-estimated time
6. PUBLIC HEARING-DECLARE THE CITY OF TIGARD'S ELECTION TO RECEIVE STATE
REVENUE FUNDING-RESOLUTION
8:15 p.m.-estimated time
7. ADOPT CITYWIDE MASTER FEES AND CHARGES SCHEDULE REPLACING RESOLUTION
NO. 12-22 AND ALL SUBSEQUENT AMENDMENTS TO DATE AND ADOPT
MISCELLANEOUS SOLID WASTE RATES TO BE INCLUDED IN THE SOLID WASTE RATE
SCHEDULE ADOPTED BY RESOLUTION NO. 13-18-TWO RESOLUTIONS
8:20 p.m.-estimated time
8. PUBLIC HEARING-ADOPT THE CITY OF TIGARD FISCAL YEAR 2014 BUDGET,MAKE
APPROPRIATIONS,DECLARE THE AD VALOREM TAX LEVY AND CLASSIFY THE LEVY
AS PROVIDED BY ORS 310.060(2)-RESOLUTION
8:30 p.m.-estimated time
RECESS TIGARD CITY COUNCIL MEETING AND CONVENE THE TIGARD CITY
CENTER DEVELOPMENT AGENCY MEETING-FISCAL YEAR 2014 BUDGET
ADOPTION
9. PUBLIC HEARING-ADOPT THE CITY CENTER DEVELOPMENT AGENCY FISCAL YEAR
2014 BUDGET WITH ADJUSTMENTS,MAKE APPROPRIATIONS,AND IMPOSE AND
CATEGORIZE TAXES-RESOLUTION
8:45 p.m.-estimated time
ADJOURN THE TIGARD CITY CENTER DEVELOPMENT AGENCY MEETING
AND RECONVENE TIGARD CITY COUNCIL MEETING
10. PARKS ZONE PROJECT BRIEFING
8:50 p.m.-estimated time
11. UPCOMING DEVELOPMENT CODE UPDATE PROJECTS BRIEFING
9:15 p.m.-estimated time
12. COUNCIL LIAISON REPORTS
13. NON AGENDA ITEMS
14. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive
Session is called to order,the appropriate ORS citation will be announced identifying the applicable
statute.All discussions are confidential and those present may disclose nothing from the Session.
Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS
192.660(4),but must not disclose any information discussed.No Executive Session may be held for the
purpose of taking any final action or making any final decision.Executive Sessions are closed to the
public.
15. ADJOURNMENT
9:30 p.m. -estimated time
AIS-1318 A.
Business Meeting
Meeting Date: 06/11/2013
Length (in minutes): 20 Minutes
Agenda Title: Follow Up Discussion from April 30,2013 Town Hall-Walmart Project
Prepared For: Marty Wine,City Manager
Submitted By: Cathy Wheatley,Administrative Services
Council Business Mtg-Study
Item Type: Update,Discussion,Direct Staff Meeting Type: Sess.
Public Hearing: No Publication Date:
Information
ISSUE
Council discussion of regulatory"tool box"that would affect existing"big box"retailers.
STAFF RECOMMENDATION / ACTION REQUEST
Review and discuss regulatory tools and provide guidance of desired next steps.
KEY FACTS AND INFORMATION SUMMARY
At its April 30 Town Hall meeting,several community members requested of the City Council that the city review the
actions that a city could take to regulate the business environment or practices of big box retailers.The Council has
subsequently received correspondence and petitions opposing WalMart coming to Tigard.The presenting question
from April 30 was whether the city could take actions specifically that would discourage WalMart from operating within
city limits.As was noted by Councilors on April 30,the zoning,land use and permitting decisions about this
development have already been completed and are not subject to reconsideration unless the applicant(WalMart)
requests reopening them.As such,this question is focused on other regulatory concepts.As noted in the attached memo
from the City Attorney,the city cannot tailor a regulation to single out any specific retailer.If a regulation is to be
considered,it should serve some rational and legitimate purpose and achieve desired policy objectives of the city.The
concepts explored here include hours of operation,employee wage and hour standards,employee benefits standards,
business license fees,and sales tax.If any of these concepts merit further consideration,the Council may wish to
consider the broader impacts of these regulations and seek input from the business community.
OTHER ALTERNATIVES
This item is presented for Council discussion only.The City Council could choose to take no action based on this
review,or to explore one or more of the regulatory options further.The City Attorney can work with the Council and
staff to craft the specifics of a proposal that is not arbitrary and that achieves the Council's policy objectives.
COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
The Council has not previously discussed these types of regulations.
Attachments
CA memo bigbox
J O RDAN RANI I S he
ATTORNEYS AT LAW
Two Centerpointe Dr 6th Fl Phone: (503)598-7070
Lake Oswego OR 97035 Toll Free: (888)598-7070
www.jordanramis.com Fax: (503)598-7373
LEGAL MEMORANDUM
TO: Tigard City Council and City Manager
FROM: Tim Ramis and Damien Hall
DATE: May 28, 2013
RE: Regulatory Options to Impact Retailers Within the City
File No. 50041-36799
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
I. Introduction
The City Council has requested that the City Attorney identify its"tool box"of regulatory that
would impact the existing"big box"retailers in the City of Tigard ("City"). Because the focus is
on the regulation of existing uses, this memorandum does not address any land use regulations.
This memorandum identifies various regulatory concepts that have been examined or adopted by
local jurisdictions which would have varying levels of impact to the bottom line of a big box
retailer. The memorandum also identifies some of the anticipated policy impacts and legal issues
associated with each regulatory concept.
II. Applicability of Regulations
Generally, each of the regulatory concepts that are examined below has the potential to be
applied to all business within the City,or can be tailored to include only retail operations that
exceed a certain square footage of retail floor area. This tailored approach would allow the City
to regulate big box retailers without including retail operations with smaller footprints.
Some of the existing retail operations in the City that likely fall within the"big box"category
are,
• Babies"R"Us,
• Costco,
• Fred Meyer,
50014-36799 681&0_1.DOCXWAF/5/2&2013
J O RDA N RAM I S i,c
w*rowe ra •i iw
May 28,2013
Page 2
• Lowes,
• Walmart, and
• Winco.
That list is by no means exclusive and other retail outlets such as the Washington Square Mall
and Bridgeport Village could potentially be impacted.
A case can be readily made for the policy rationale behind regulating big box retailers and their
effects on the City economy(e.g. reduced market share for"mom and pop"retailers, lack of ties
to the City business community, etc.). However,because any City regulation must have a
rational and legitimate purpose, any regulation that seeks to distinguish between big box retailers
must do so in a manner that is not arbitrary, or could result in liability to the City. As such,
regulations that are more narrowly tailored to target specific retailers are not recommended.
III. Scale of Operations
Big box retailers tend to be national or international operations that rely on economies of scale to
justify the overhead costs associated with such relatively large footprints for their retail
businesses. The same scale of business operations allows a big box retailer to potentially spread
any localized fmancial impacts from City regulation throughout its chain of stores. As such,the
economic impact associated with potential City regulation will be less directly influential to a
national or global retailer,than to a business with a greater percentage of total operations in the
City.
IV. Regulatory Concepts
The following regulatory concepts are offered as models of potential alternatives that if adopted
by Council would have a financial impact on existing big box retailers,as to increase the cost of
doing business within the City, for such establishments. The regulatory concepts address the
following aspects of big box retailers,
• hours of operation,
• employee wage and hour standards,
• employee benefits standards,
• business license fees, and
• sales tax.
Each of the below regulatory concepts could be adopted by the City,they are not alternative, and
the cumulative impact if adopted in combination would be greater than adoption of any single
concept.
JORDAN pis Pc
•7T0XX6V@ AT uw
May 28,2013
Page 3
A. Hours of Operation
Within reason,the City can limit hours of operation of retailers within the City. For example, the
City could require that all big box establishments be closed between the hours of 10:00 p.m. and
6:00 a.m. Such a limitation would apply to all similarly situated retailers, so the City should
establish the hours of operation of all affected retailers to understand the impact of such a
limitation.
B. Employee e Wage and Hour Standards
The City has the authority to establish wage and hours standards for employment within the City.
Essentially, such regulation would likely take the form of a local minimum wage. An example
of a jurisdiction that has a local minimum wage is San Francisco. In San Francisco,the
minimum wage that must be paid by all employers is$10.55 per hour, as compared to the
California state minimum wage of$8.00 per hour.
Oregon minimum wage is currently$8.95 per hour. Any local minimum wage that the City
would adopt must be greater than the State minimum wage. In order to find the local minimum
wage amount that has the desired impact,the City should inventory the wages paid by similarly
situated big box retailers. The City could likely impose an industry specific minimum wage,
tailored to only be applicable to big box retailers.
C. Employee Benefits Standards
The City has the authority to require employers within the City to provide their employees with
specified benefits. An example of such regulation is the City of Portland's recently adopted
ordinance requiring that all employees working in Portland be provided paid sick leave. The
City could impose requirements for other kinds of benefits as well, such as medical benefits,
vacation days, etc., and the requirements could likely be industry specific to big box retailers.
In order to ensure that such employee benefit requirements have the desired impact,the City
should inventory the benefits packages currently offered by similarly situated big box retailers.
D. Business License Fees
The City could adopt a business license fee,that is due annually for all businesses or all big box
retailers. The amount of the fee would be based on sales receipts of the business. The City of
Portland has a similar fee,but it is not industry specific.
JoRDAv pis Pc
ATTORNEYS AT LAW
May 28, 2013
Page 4
E. Sales Tax
The City could adopt a sales tax. Due to heightened scrutiny of the uniformity of application of
taxes,it may prove difficult to tailor an industry specific sales tax, as opposed to a City wide
sales tax that takes in all point of sale transactions(car sales, cup of coffee sales, etc.). Due to
the political nature of sales taxes, adoption could likely also involve a vote of the people.
Conclusion:
The City can adopt any of the regulatory concepts. However,the City cannot tailor the
regulations to single out any specific retailer, so any adopted regulations would apply to all big
box retailers within the City(with the possible exception of a sales tax that could apply more
broadly).
It is unlikely that any of these concepts would result in the closure of any of the City operations
of a big box retailer because the increased cost of doing business associated with any of the
regulatory concepts can likely be passed along to consumers,both locally and throughout the
operations of the retailer.
To the extent that Council desires to pursue any of the presented regulatory concepts, or an
alternative regulatory concept,the City Attorney can work with Council and staff to craft the
specifics of regulations to best achieve the desired policy objectives of Council.
� Lc l �I���3 �u` SQ sS�'�►
Large Format Retail Square Footage*
Costco 151,459
Babies R Us 40,645
Joys R Us 44,422
Target 123,636
Lowes 147,964
Home Depot 140,492
Fred Meyer 155,364
Sears 78,636
Macs 123,719
C Penny 104,812
Nordstrom 93,437
*Square footages are taken from Street Maintenance Fee data and are estimates only.
SUPPLEMENTAL PACKET
FOR 1lllla�� i �
(DATE OF MEETING)
c�
City of Tigard
Memorandum
To: Honorable Mayor & City Councilors
From: Marty Wine, City Manager
Re: Regulatory Options to Impact Retailers Within the City
Date: May 28, 2013
At its April 30 Town Hall meeting, the City Council was asked by Tigard residents
in attendance what legal or financial tools the city had to regulate the business
environment or practices of big box retailers such as Wa1Mart. Attached is the
research and response to this question prepared by the City Attorney's office for
your review.
I asked the Council recently at a non-agenda item discussion for input about whether
and when the Mayor might schedule this topic, and Councilors wanted to consider
the information in this review first and then advise the Mayor as to whether a
Council meeting or other forum should be scheduled.
On the tentative upcoming Council agenda list, time has been reserved on the June
11 study session (25 minutes) should Council advise the Mayor that additional
discussion of this topic is desired.
Stu d Ses L on
AIS-1344 B.
Business Meeting
Meeting Date: 06/11/2013
Length (in minutes): 25 Minutes
Agenda Title: Discussion of Council Travel Policy and Travel Budget
Prepared For: Toby LaFrance Submitted By: Cathy Wheatley,Administrative
Services
Council Business Mtg-Study
Item Type: Update,Discussion,Direct Staff Meeting Type: Sess.
Public Hearing: No Publication Date:
Information
ISSUE
Review approach to 1) Council's inclusion in the citywide travel policy;and 2)the budget for council travel and
training. Staff to discuss with council what has been done in the past and options for the future.
STAFF RECOMMENDATION/ACTION REQUEST
Staff requests Council direction on future administration and budgeting of Council travel for city purposes.
KEY FACTS AND INFORMATION SUMMARY
Currently,Council follows the same travel policies as all staff and city officials.The travel policy is designed to comply
with IRS,state ethics,federal General Services Administration (GSA)rules which are designed to ensure that the city
only pays actual and allowed expenses related to the employee's business travel.There are other options available for
Council consideration than following the same policy as staff and volunteers that would meet all,or most,of the same
requirements. These will be discussed during the study session.
Currently,Council has a budget of$5,000 per councilor and$9,000 for the Mayor for travel and training,plus in the
upcoming budget will implement an automobile stipend of$3,300 each to pay for local travel. The budget is managed
for each councilor with assistance from the City Managers Office. If an individual councilor is not planning to use
their entire budget,that councilor is able to make travel/training funds available to other members. Council can discuss
if they wish to continue to administer their annual travel and training budget in the same manner.
OTHER ALTERNATIVES
If Council does not wish to make changes,then Council can continue to use the same travel policy and administration
of annual travel and training budget. Other approaches to payment for travel include the council not following the
citywide policy,but arrange for separate per diem meal and hotel costs reimbursed directly and the city would arrange
for hotel and transportation costs.Another alternative for reimbursement for council travel could involve travel-related
purchasing cards.These options will be explored further at the meeting.
COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
On June 28,2011,in study session,Council considered the citywide travel policy and decided to follow the same policy
as staff and city officials.
Attachments
Citywide Travel Policy
_ City of Tigard, Oregon
Citywide Travel Policy Effective Date: J 11
Approved: Craig Prosser Signature: L
Summ"Y
1. General Provisions
2. Compliance and Accountability
3. Definitions
4. Pre-Authorization
5. Travel Time
6. Travel Methods
7. Lodging
8. Meals
9. Payment Methods
10. Personal Expenses
11. Travel Reconciliation
12. Compliance Auditing
1. GENERAL PROVISIONS
1.1. Purpose of Policy. The purpose of this policy is to provide guidelines to City
employees for payment of travel expenses in a cost-effective and efficient manner
ensuring the best result for the City.
1.2. Applicability. This policy applies to all City employees. The policy is to be adhered
to by the following groups:
1.2.1. Mayor&City Council
1.2.2. Executive Staff(City Manager&Directors)
1.2.3. Management Staff
1.2.4. SEIU Staff
1.2.5. TPOA Staff
1.2.6. Other City Officials
1.3. The City's Financial and Information Services Department shall administer the travel
policy and shall periodically review travel and training records to ensure policy
compliance and provide any necessary training to departments on the
implementation of the policy.
1.4. Department Directors and Managers shall be responsible for the implementation of
policy within their departments,ensuring their department's employees comply with
Citywide Travel Policy Page 1
the policy, and ensuring expenditures are appropriate and directly related to City
business. Questions regarding the intent or application of this policy document shall
be directed to the City's Financial and Information Services Director.
1.5. The City Manager shall have final authority for administering,interpreting, and
applying the terms of these procedures.
1.6. Personal Expenses. The City,with very limited exception,shall not pay for any
personal expenses incurred by an employee during City business travel. For
example,employees will not be reimbursed for personal grooming items,parking
tickets, entertainment expenses, etc.
2. COMPLIANCE AND ACCOUNTABILITY
2.1. All City staff and agents must comply with the provisions contained herein.
Periodically,the City's Finance and Information Services Department may perform a
review of the City's travel records to ensure compliance with this policy. The
Finance and Information Services Department,working with the City Manager's
Office,may implement appropriate and progressive sanctions related to misuse. All
City employees must fully comply with requests for records and documentation
supporting all travel expense claims.
2.2. Any and all staff may be liable for improper use of public funds. As public
employees, staff that order,authorize or cause to be made any expenditure in
violation of City policies, state statutes,rules, or procedures can and will be held
personally financially liable for inappropriate expenditures.
3. DEFINITIONS
The following terms may be used throughout these policies:
3.1. Actual. The actual meals or lodging cost supported by receipts. The City's policy is
to pay actual costs for meals and lodging up to the Federal per diem rate for the
location.
3.2. Conference/Training Meal. Any meal provided,through the registration process,
by a conference or training.
3.3. Contracted Travel Agency. The travel agency under contract with the City to
provide travel related services. Azumano Travel is the City's current Contracted
Travel Agency.
3.4. Employee. An individual on the payroll of the City.
3.5. Employee Travel. Travel by City employees on official City business.
3.6. Frequent Flyer Miles. Credits acquired when making qualified air travel purchases.
It is the City's policy that staff shall not earn any Frequent Flyer Miles while on City
business.
Citywide Travel Policy Page 2
3.7. Incidental Expense. Small costs associated with travel. Incidental Expenses
include,but may not be limited to: Gratuities,taxi fare,work related mailing costs or
phone charges,etc.
3.8. Itinerary-Airfare. Information provided by an airline or travel agency showing the
traveler's name,dates of travel,class of travel,and travel route.
3.9. Meals. Standard breakfast,lunch, or dinner eaten by an employee during City
business travel.
3.10. Mileage. The distance traveled via personal automobile by an employee during
travel. The City calculates mileage during travel from Tigard City Hall,not the
employee's home. To development the reasonable estimate of mileage,the City shall
use an online travel/map site such as Map2quest.com or Yahoo.com
3.11. Official City Business. Business,and any travel associated with it,that directly
provides a benefit to the City.
3.12. Overnight Travel. Any travel that requires an employee to stay overnight. A
conference or training must be at least 50 miles away from the City to justify an
overnight stay.
3.13. Per Diem Allowance. The allowance for lodging,meals and incidental expenses
established for the travel destination as established by the U.S. General Services
Administration (GSA). The City's policy is to pay actual expenses for meals and
lodging up to the GSA rate unless otherwise required by union contract.
3.14. Pool Vehicle. A City-owned vehicle available for"check out"by general staff.
3.15. Purchasing Card. A City-issued credit card that is the preferred means of payment
for travel expenses.
3.16. Receipt. A document detailing an expense incurred. To be valid,a receipt must
provide the name and address of the business,the date of the purchase,an itemized
description of the goods or service purchased,and the amount of the purchase. For
lodging expenses, the receipt must also include the name of the guest, the number of
guests,the dates occupying the room,the room number,the room rate,and the
lodging tax.
3.17. Travel Pre-Authorization Form. A Departmental form that may or may not be
required prior to any travel. Each Department Director shall determine the best way
to document pre-authorization for their department.
3.18. Travel Purchasing Card. A generic purchasing card that can be checked out prior
to travel by an employee who does not have a City-issued purchasing card.
3.19. Travel Reconciliation Statement. A City-required form that must be completed
within five (5) full business days upon return from any overnight City business travel.
Citywide Travel Policy Page 3
3.20. Travel Time. The amount of time that is required by an employee to travel to and
from a conference or training.
3.21. U.S. General Services Administration(GSA) Per Diem Rates. The estimated
daily cost of lodging,meals,and incidentals for various cities that is used by the City
as the maximum actual costs to cover during travel.
4. PRE-AUTHORIZATION
Pre-Authorization shall be a Departmental responsibility. Each City Department shall have
travel pre-authorization procedures in place and train their staff on these procedures. Pre-
Authorization may be required by a Department for any travel but especially in the case of
travel with overnight stay,travel requiring air travel,or travel where lodging exceeds the daily
allowance.
4.1. Pre-Authorization Form. Each Department shall have a Pre-Authorization Form
available for staff use. The FIS Department has created a generic form that may be
used by any Department or each Department may create their own form that best
meets their needs.
4.2. Pre-Authorization Filing. Each Department shall be responsible for retaining a
file of the Department's travel pre-authorization documents. This file shall include
approved and denied travel information.
4.3. Travel Coordinator/ Point of Contact. It is the recommendation of this Policy
that each Department designate a Travel Coordinator or single point of contact for
employees to refer to for guidance and questions. The FIS Department shall have a
Coordinator or single point of contract for Citywide travel information and guidance.
5. TRAVEL.TimE
It is the policy of the City to use a reasonable estimate for allowable travel time during which
the employee is considered"on-the-clock". Please see Citywide Personnel Policy#47 for
further information about travel time and compensation.
Under FI-SA,the rules for paid travel change when the travel involves an overnight stay. In
these cases,time spent traveling during normal work hours are paid,while time spent
traveling outside of normal work hours are not. The only exception permitting an employee
to be compensated for overnight travel outside of normal work hours is when the employee
is the actual driver of the vehicle or is actively engaged in doing work tasks. Passengers,
regardless of the mode of travel, are compensated only for travel time during normal work
hours. Please note: This particular rule applies seven(7) days a week. So if an employee is
normally scheduled 8:00 am to 5:00 pm,M-F,and travels between the hours of 12:00 pm
and 4:00 pm on a Saturday,the employee would be paid for four(4) hours of travel pay,
even though the employee traveled on a Saturday: Look at the hours of travel,not the day
of travel.
In further accordance with the FLSA, the employee shall be paid their hourly rate during any
official training or conference hours.
Citywide Travel Policy Page 4
5.1. To development the reasonable estimate,the City shall use an online travel/map site
such as Mgpquest.com or Yahoo.com. An employee may receive additional time if
appropriate justification for the needed time (i.e. delayed flight) is submitted to
his/her supervisor and approved.
6. TRAVEL METHODS
The City shall require the most direct and cost effective means of travel for an employee
attending any conference or training. Prior to any travel,the traveling employee and his/her
supervisor shall discuss the travel methods. During the discussion,the costs,both in dollars
and requirements of staff, shall be weighed with the most beneficial to the City being
utilized.
6.1. Auto Travel. Auto travel is the most common means of transportation used during
City business travel.
6.1.1. City Pool Vehicle. Employees are strongly encouraged to use the City's
Pool Vehicles during local travel. These vehicles may be reserved and
checked out during the employee's travel dates.
6.1.1.1.Non-City Employee Ride-Along. Per the City's Personnel Policy:
"Family members or other non-City employees shall not be
transported in city vehicles except as specifically authorized by the
department director or consistent with department policy or in cases
in which the city vehicle is regularly assigned to the employee as a
provision of an employment contract"
As such, family member or other non-City employees may
accompany an employee in a City-owned vehicle during City-related
travel with the appropriate approvals.
6.1.2. Personal Vehicle. The City may authorize employees to use their own
vehicles for City travel when it is in the benefit of the City. Use of a personal
vehicle during City travel must be authorized during the pre-authorization
process in the Department
6.1.2.1. Insurance. Employees that use their private vehicle for City
business are required to have personal automobile liability insurance
to provide the primary coverage for any accidents involving that
vehicle. Documentation of said coverage must be on file with the
City's Risk Management Office.
6.1.2.2.Mileage Reimbursement. When an employee uses their personal
vehicle for City travel,the City shall reimburse the employee for
mileage up to,but not more than,the Federal per mile
reimbursement rate. Total allowable mileage shall be calculated from
Tigard City Hall to the lodging location and back. If required,
Citywide Travel Policy Page 5
additional mileage may be granted under certain circumstances. No
other means of fuel or mileage reimbursement shall be approved by
the City.
6.1.2.2.1. The City shall use an online travel/map site such as
Malquest.com or Yahoo.com to develop the total
allowable mileage distance.
6.2. Air Travel. The City shall pay actual cost for an employee's City business travel. All
employees shall utilize coach when traveling commercial airline. Reservations,where
possible,should be made at least fourteen (14) or more days in advance to take
advantage of any and all available discounts. Increased fees related to late booking
may be disallowed unless documented with a sound business reason. Employees
may at their own expense pay to upgrade their airline accommodations or alter their
flight itinerary for personal business.
6.2.1. Contracted Travel Agent. City employees are strongly encouraged to
utilize the City's Contracted Travel Agent for air fare during City travel.
6.2.1.1. Government Air Fare. The City's Contracted Travel Agent is
authorized to provide the City with government air fare ("City Pairs")
which are contracted, discounted,unrestricted,and one-way fares
that require little advance reservation and have no cancellation or
transfer penalties. Employees should seek to use these fares in order
to maximize the benefits to the City.
6.2.1.2. Booking. This City is able to book air transportation through the
Contracted Travel Agent either online or through an agent via the
telephone. Staff should make every effort to use online booking to
reserve air travel to maximize cost savings for the City.
6.2.2. Discount Travel Sites. Employees may,with documentation of the
reasoning,use discount travel sites such as Expedia,Trav_ elm,Hotwire,
Orbitz,or Price
6.2.3. Airline Direct Booking. Employees may,with documentation of the
reasoning,book air transportation directly with the airline. As this tends to
be the most expensive option,it should be the last option and have solid
documentation of the reason for the expense.
6.2.4. Cancelled/Missed Flights. Should a non-refundable flight need to be
cancelled for either City-related business or a medical or family emergency
beyond an employee's control, the City,in so long as documentation and
approval are placed in the travel file,shall incur the cost of the air fare. If the
flight is cancelled or missed due to any neglect,mistake,or other fault of the
registered employee,the employee shall bare the cost of the ticket and all
associated costs.
Citywide Travel Policy Page 6
6.3. Rental Cars. The City will pay actual for rental vehicles when it is found to be an
economical and efficient means of transportation for an employee during travel.
Authorization for a rental vehicle must be obtained during the pre-authorization
process for the travel.
6.3.1. Contracted Travel Agent. City employees are strongly encouraged to
utilize the City's Contracted Travel Agent for rental vehicles during City
travel.
6.3.1.1.Contracted Rental Car Company. The City has a Contracted
Rental Car Company and the City's Contracted Travel Agent is
authorized to book against this agreement.
6.3.1.2. Booking. This City is able to book rental vehicles through the
Contracted Travel Agent either online or through an agent via the
telephone. Staff should take every effort to use online booking to
reserve air travel to maxitnize cost savings for the City.
7. LODGING
The City shall pay true actual cost,up to the GSA daily per diem rate
7.1. Receipts. A detailed receipt is required for any lodging incurred during an
employee's travel. For lodging expenses, the receipt must detail the following:
7.1.1. Name of the hotel
7.1.2. Address of the hotel
7.1.3. Name of the guest
7.1.4. Number of guests
7.1.5. Dates occupying the room
7.1.6. Room number
7.1.7. Total cost of the stay
7.1.8. Room rate
7.1.9. Lodging tax.
7.2. Lodging Per Diem Allowance. Lodging expenses are paid by the City at actual
cost up to the specific GSA daily maximum allowable rate in effect at the time of
travel for the specific area or locality.
7.2.1. The GSA rates can be found at this link: GSA Domestic Per Diem Rates.
7.2.2. Department Heads have the authority to approve lodging expenses over the
GSA daily maximum allowable rate when unusual conditions exist. This
approval,which requires written documentation by the traveling employee
detailing the reason for the higher expenditure,is to be made on a case-by-
case basis and signed by the Department Head.
7.3. Conference/Training Official Hotel. If an employee attends a conference or
training and stay at the official hotel where the conference or training is being held,
Citywide Travel Policy Page 7
the City shall cover,within reason and with prior approval,all actual lodging costs if
the rate exceeds the GSA lodging per diem allowance for the city. If this exception
is granted,the employee must book the cheapest available room or personally pay
the difference between the room they book and the room with the lowest rate. This
exception serves to save the City additional incidental costs such as a rental car or
other transportation fees.
7.4. Alternative Lodging. The intent of this section is to reimburse employees that use
their personal travel trailer or motor home during official City travel and should
result in an economic benefit to the City. The daily maximum allowable
reimbursement rate for all alternative lodging shall be$25. It is intended that the
alternative lodging reimbursement rate apply for any overnight City travel.
8. MFrALS
The City shall pay true actual cost,up to the GSA daily per diem rate, for meals incurred by
employees during City related travel unless otherwise mandated by union contract.
8.1. Multiple Locations/Single Rate. The City shall use a single per diem threshold
rate for an entire day. If an employee travels to more than one location in one day,
the per diem threshold shall be for the location in which the employee spends the
night. On the final day of travel, the per diem threshold shall be for the location in
which the traveler stayed the last night.
8.2. Actual Costs with Per Diem Rate Threshold. The City shall pay actual costs for
lodging,meals and incidental expenses up to the U.S. General Services
Administration's (GSA) established daily rates for the travel destination City unless
otherwise required by union contract.
8.2.1. The GSA rates can be found at this link: GSA Domestic Per Diem Rates.
8.2.2. The allowance is a true daily allowance and unused portions do not role to
the next day.
8.3. True Per Diem. As may be required by union contract,the City shall pay
negotiated true per diems to certain employees covered by the contract during travel
8.3.1. Refer to union contracts for details on negotiated per diem.
8.3.1.1. SEIU/OPEU Agreement
8.3.1.2.TPOA Agreement
8.4. Conference/Training Provided Meals. When meals are provided by the
conference/training and paid for through the employee's registration,the daily meal
allowance or per diem shall be reduced for that particular meal. See Section 8.5 for a
breakdown of the meal allowance.
8.4.1. If the meal is an optional piece of the conference or training registration
process,the employee shall have the choice to participate in the meal or,
instead,to receive the meal as part of the daily meal allowance or per diem.
Citywide Travel Policy Page 8
8.5. Meal Allowance Breakdown. The City shall use the following meal breakdown
regardless of a traveler using the actual costs or true per diem meals method:
8.5.1. Breakfast. Equals 25%of daily allowance.
8.5.2. Lunch. Equals 25% of daily allowance.
8.5.3. Dinner. Equals 50%of daily allowance.
8.6. Travel Day Meals. The City shall pay for meals on travel days according to the
following schedule (per IRS rules the City cannot pay more than 75% of the
maximum daily allowance during travel days):
8.6.1. Prior to Noon—75%. When an employee leaves on travel prior to Noon
the employee shall be entitled to actual meals at 75%of the daily allowance.
8.6.2. Between Noon and 7:00 p.m.—50%. When an employee leaves on travel
between Noon and 7:00 p.m. the employee shall be entitled to actual meals at
50% of the daily allowance.
8.6.3. After 7:00 p.m.—0%. When an employee leaves on travel after 7:00 p.m.
the employee shall not be entitled to any meal allowance until the following
day.
8.7. Alcohol. At no point or under any circumstance shall the City pay any alcohol
expense incurred during a meal or travel. Any alcohol which is purchased by the
employee must be paid for at the time by the employee and should be on a separate
check.
9. PAYMENT METHODS
The City's preferred method of payment during City travel is a City Purchasing Card. Other
means of payment shall remain available but every effort must be taken to use a purchasing
card then at all possible.
9.1. Purchasing Cards. The City preferred mean of purchase during City travel. The
Purchasing Card is a City-issued MasterCard that can be used nearly anywhere
MasterCard is accepted. Many employees have been issued an individual Purchasing
Card and it is this card that should be used by the employee during City travel. If a
traveling employee has not been issued an individual Purchasing Card,Travel Cards
are available for issuance during travel. Follow the City's established procedures to
utilize the Travel Cards.
9.2. City Check. Under a limited number of situations,a City-issued check may be used
to pay for a portion of the travel costs. Employees shall follow the City's established
procedures,which shall include documenting the reasoning for a check rather than
a Purchasing Card, to obtain a travel-related check.
Citywide Travel Policy Page 9
9.3. Employee Reimbursement. Under rare circumstances,and with detailed
documentation,the City may directly reimburse an employee for costs incurred
during travel.
10. PERSONAL EXPENSES
The City,with very limited exception, shall not pay for any personal expenses incurred
during City business travel.
10.1. Combining Personal Travel with City Business Travel. The City's polity for
business travel does allow for combining personal travel with business travel with
additional rules.
10.1.1. Personal Portion of Trip. If an employee combines personal travel with
City business travel, the City will pay only the actual costs associated with
City business,any additional cost shall be incurred by the employee.
10.1.2. Airline Costs. When an employee combines personal travel with City
business travel and airfare is required,the City shall pay no more than the
lowest cost of round-trip coach airfare for the days that the City business
would have required. Any additional cost due to an extended personal stay
shall be borne by the employee.
10.2. Alcohol. See Section 8.7.
10.3. Entertainment Expenses. The City shall not pay,at any time, for any
entertainment expenses incurred by an employee on official City business.
Entertainment expenses shall include,but not necessary be limited to, the following:
10.3.1. Movies,including in-room
10.3.2. Health Club/Gym Fees
10.3.3. Sporting Events
10.3.4. Golf(Including Conference-related Tournaments)
10.3.5. Spa Services
Refer to Oregon Ethic Laws for further details on entertainment expenses.
10.4. Personal Grooming Items or Services. At no time,and for no reason,shall the
City pay for any personal grooming items or services during an employee's time on
City business travel.
10.5. Personal Phone Calls. No personal phone calls while on travel shall be paid by the
City other than the following exception:
10.5.1. Personal telephone calls to immediate family members or significant others
to confirm the traveler's well being while on overnight travel are allowed
under this policy. The employee shall be allowed one phone call a day while
on travel for not more than ten (10) minutes. The City does encourage the
Citywide Travel Policy Page 10
traveler to use a personal cell phone in lieu of this personal call allowance
when at all possible.
11. TRAVEL RECONCILIATION
Within five (5) business days of return from any City business travel and employee must
submit to the FIS Department's Accounts Payable Office a completed and authorized Travel
Reconciliation Statement. The City shall develop guidelines to assist employees through the
travel reconciliation process.
12. COMPLIANCE AUDITING
The City's FIS Department shall conduct routine review of a Department's travel records to
ensure compliance with all aspects of this Travel Policy. The FIS Department,working with
the City Manager's Office,may implement appropriate and progressive sanctions for
inappropriate use of City funds related to travel. All employees must fully comply with
requests for records and documentation supporting any and all travel expenses.
Citywide Travel Policy Page 11
AGENDA ITEM NO. 2-D CITIZEN COMMUNICATION DATE: June 11, 2013
(Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in, the Mayor may ask
that testimony be kept to around 2 minutes.)
The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve
your concerns through staff.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record. The names and addresses of persons who attend
or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public
record.
NAME,ADDRESS & PHONE TOPIC STAFF
� Please Print
CONTACTED
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help the presiding officer pronounce:
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CITIZEN COMMUNICATION
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AGENDA ITEM NO. 2-D CITIZEN COMMUNICATION DATE: June 11, 2013
(Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in,the Mayor may ask
that testimony be kept to around 2 minutes.)
The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve
your concerns through staff.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record. The names and addresses of persons who attend
or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public
record.
NAME,ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED
Name: L b w-t c
Also,please spell your name as it sounds,if it will
help the presiding officer pronounce:
Address
City
State Zip
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City
State Zip
Phone No.
Name: /yah
Also,please spell your name as it sounds,if it will
help the presiding officer pronounce:
Address
City
State Zip
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CITIZEN COMMUNICATION
AGENDA ITEM NO. 2-D CITIZEN COMMUNICATION DATE: June 11, 2013
(Please keep remarks to around 2-5 minutes. If a large number of citizens have signed in, the Mayor may
ask that testimony be kept to around 2 minutes.)
The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve
your concerns through staff.
This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All
written and oral testimony becomes part of the public record. The names and addresses of persons who attend
or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public
record.
NAME,ADDRESS & PHONE TOPIC STAFF
Please Print CONTACTED
Name: Q
Also,please spell your name as it sounds,if it will
help the presiding officer pronounce:
VAS — Ikk - c.ine&L-
Address Q (, W NA
City - ei M
State J OK Zip �1�2Z3
Phone No. 60 2) " 51 ' 05
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help the presiding officer pronoun
Address
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State Zip Z 'JZ`z
Phone No. 3
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CITIZEN COMMUNICATION
Y),
Document Timeline a-�
Agreement Between City of Tigard and Tigard Little League/Southside Soccer
February 2, 1998
Original Atfalati Recreation District/City of Tigard Agreement
This is the original agreement that addresses the purchase of the land and how the groups will work together.
April 22, 2003
Amendment
This filled in details on how the newly-planned concession building would be handled -the 1998 agreement had
only briefly touched on it because it wasn't planned at that time and it was in 2003 that they moved forward with
the building.
April 22, 2003
Amendment 2
This was a separate document that laid out the new, combined payment schedule for the purchase of the property
(that had started in 1998) and the new payments that were for the concessions building.
May 12, 2010
Amendment 3
This document amended Section 15 (Termination) and Section 4(Goals). It also acknowledges the dissolution of
ARD and assigns the rights of the agreement to TLUSSC.
February 21, 2013
CoT-TLL-SSC Meeting Notes
These are meeting minutes that the City provided after a meeting this February.
March 6, 2013
CoT Notice of Termination Letter
This is the letter officially stating that the City wants to terminate the agreement.
May 2, 2013
TLL-SSC Response to CoT Letter
This is TLUSSC's response to the City's Notice of Termination letter.
June 3, 2013
CoT Letter of Response
This is the City's response to our letter dated 5/2/13.
June 11, 2013
Kim Kelleher Speech/ Discussion Points
For reference purposes, the speech made at the 6/11/13 City Council Business Meeting and discussion points
created by TLUSSC.
Df'IBIT A
TT IABD CITY ORDINANCE- No. 98_ ,J
AGREEMENT
The City of Tigard, an Oregon municipal corporation ("City,,). las purchased real property
defined as the GrayiLamb Cook Park Addition ("Property") as more ,articularly described in the
attached Exhibit "A". for the sum of$300,000 and the Atfalati Rereab District, Inc., an Oregon
non-profit corporation ("ARD"), will be contributing the sum of SI50.000 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 [TSCJ and Tigard Little League
[TI-LI) have an arrangement at present whereby TSC and TLL have priority during their seasons
for the use of the soccer fields and baseball/softball fields at the presem 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 TT-L 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. Tit 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 aclMowledge present use and
provide for future use of the developed Property.
Page 1 - AGREEMENT
The purpose of this agreement is to also allow for the consolidation and coordinated use of
the present basebaL softball facilities at Cook Park, the existing soccer facilities at Cook Park and
the facilities to be d-eveloped on the Property. The cooperative efforts between the City of Tigard,
ARD, and the various recreational organizations that use the present facilities and the facilities to be
developed is desirable to maximize the use for existing organizations and future organizations.
The parties agree as follows:
1. Purchase of Real Property. The present members of ARD, TSC and TLL agree to
pay the City a minimum of $15,000 per year for a period of ten (10) years toward the purchase
price of the Property for a total payment of $150,000. ARD shall have the right to prepay its
obligation at any time. The TSC and TLL are presently assessing their members a per-player fee to
fund this purchase. To the extent that there are assessed funds that have been collected by ARD for
this purchase in excess of$15,000 per year, ARD agrees to place these funds in a separate account
(the Fund), and said funds shall be used upon agreement between the City and ARD as to the use of
these funds for purchase, development, improvement and maintenance of the Property. The first
payment shall be due August 1, 1997, and each payment thereafter shall be due on May 1 of each
year until the entire$150,000 is paid.
The City and ARD recognize that ARD is soliciting additional members to its organization.
It is agreed that should additional ARD members use the Property, they shall be assessed for the
use of the Property and funds assessed shall go into the Fund provided for herein. It is further
Page 2- AGPXYIvMW
anticipated by the City and ARD that there will be other uses for the fields to be developed on the
Property and users fees charged and collected by the City and that the City will F-lace these funds in
the development fund for the Property until the Management Committee ( 'Committee"), as
defined in Paragraph 2, has determined that the development called for in the 1.997 Revised Cook
Park Master Plan ("Plan") has been substantially completed. At that time, the use of these user
fees shall be renegotiated between the City and ARD.
2. Manasement Committee ("Committee". The Committee shall consist of two (2)
City officials appointed by the City Council for the City, and two ARD represemratives, 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 the_V 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 to= 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 -AGREEl1rl7 �
surrounding area. The mediation mall be by agreement in a form per the attached agreement which
is attached hereto as Exhibit "B.�"
-t. Goals. The parties agree to the following goals:
a. To provide an area that can be used by a large number of people for other
City events such as the July 4 celebration and Tigard Festival of Balloons.
b. To provide additional soccer and baseball/softball fields for TSC and TLL
and other Tigard based youth and adult soccer and basebalUsoftball leagues
as well as providing these fields to the public (which may be on a fee basis).
C. To maintain all fields at Cook Park at a high quality by limiting their use by
rotation, and provide increased maintenance.
d. To attract large tournaments and other recreational uses for the Tigard
community. A portion of the income from the proceeds would be used to
maintain the fields.
e. To have fields in the city available to the general public for general
recreation.
f. To accomplish the fust 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 Pian 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 leagues; i.e. playing
fields and parking (a percentage to be determined), and snack shacks (and the playground to service
the field) are the responsibility of ARD. The City shall be responsible for those improvements that
primarily serve the general public; i.e., playing fields and parking (a percentage to be determined),
restrooms and pathways_ The above are examples and other development project; on the Property
will be shared on a negotiated percentage basis between the parties.
6. Provision of Services to Pro= 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, wagering, and fertilizing, etc., as determined in its annual budget process. If ARD wishes
a b.igher 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 TIL
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 sUI be responsible for Iining all sports
fields. Whether fields are suitable for play on a day-to-da\ basis shall be the sole decision of the
City's Public Works Director or designee. The City shall require any other user of the Property to
leave the Property in good condition and repair, includim removal of liner and debris from the
Property when the use is completed. The City and ARD rc.:ognize a use of the fields is a resting
period for the fields, and that this resting and rejuvenation period forthe fields is to be considered
as a use of the fields when determining other uses of the fields.
9. Improvements. ARD may make temporary or permanent improvements to the
Property only with permission of the City Public Works Dir-.ctor 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
TIL 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 Properry 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 TIL 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 in t=ce, covering ARD's and/or its member
league's sponsored activities on the Property during the recognized sports seasons. This insurance
shall cover all claims which might arise from operations and activities under this Agreement or
pertaining to ARD's and/or its member league's activities directly and shall carry the City as an
"Additional Insured."
The insurance policy will be with a carrier allowed to transact business in Oregon. The
policy of insurance maintained by ARD and/or its member league shall provide at least the
following limits and coverages: General Liability and Property Damage and shall have a minimum
liability of one million dollars for any one occurrence. ARD's and/or its member league's
insurance policy shall contain provisions that such policy shall not be canceled or their limits of
liability,reduced without thirty (30) days prior written notice to the City Risk Manager. ARD
Page 7 - AGREI✓MEW
and/or its member IeaQue shall provide the City with Certificates of Insuran:t- in a form satisfactory
to the City certifying the issuance of such insurance. The Certificates sha:� be forwarded to: Risk
Manager, City of Tigard, 13125 SW Hall Blvd.., Tigard. Oregon, 97223. Such certificates must be
delivered prior to commencement of the terms of this Agreement.
The procuring of such required insurance shall not be construed to :unit 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 cc,3 nue to involve the
community in the planning for Cook Park, and design and construction cf improvements to the
Property. The City, TSC, TLL, neighbors and others have participated a_, members of the Cook
Park Task Forr-e. Through their efforts, and that of a consultant, the Plm 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 w the Plan are under
consideration.
14. Term. This Agreement becomes effective bn 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 rema ,
available for active recreational use by ARD, or the Property becomes unusable for recreational
purposes, then no remuneration is required for either party. If at any time the Agreement
terminated and the Property will be unavailable for ARD use as outlined in this Agreement, thea
the City will either dispose of the Property or provide ARD with a replacement facility equal to cr
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 tbr--
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 complz-
with the provisions of QRS 279.310 to 279.320, relating to mandatory provisions in public
Page 9-AGREEMENT
K
contracts gelating 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. Anthony to Execute Agreement. This Agreement shall be approved by an
ordinance of the Tigard City Council. ARD represents that the person signing the Agreement
on its behalf has authority to sign the Agreements
G•ak.9 fly, lei fid'
DATED this 2WD day a Aegmt,
CITY OF TIGARD ATF DIS , INC.
By: By:
As its: 64� / �S'h$� e-2 As its:
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f U
I �
Page 10 - AGREEMENT
t�
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EXEIBIT "B"
-a—1 25 -2 aS-eement to Med4a7- e
an Agreement between :*] and [*] and [*]
re_eiZafte_ the ;
:�eZt o 'tiediator, ' to ent_r nto mediation w, , .- _he
Of resolving the following issue, : [*]
The Parties and the mediator denstand and a
grsee a
follows :
1 ' Nature of Mediation _
The' par`ties hereby appoint and retaina[*
I s
med.i.ator .for their negotiations.
The Parties- ode-''stand
med.:at_an ss as a that
process' in which the me:�atar
a��ists parties to reach agreement � a collaborative,
consensual and i
nforaed mana.tr. It is understood that the .
mediator has na power to decide disted issues for the
The Pa-'Zies understand that mediatica is not a s�sti - an
tut a for
"ndepP�eat . legal advice. The parties a.,-e to eacaura ed :-
soca advice t g sem e
hroughout the mediatic= p=acess and a:e strongly
3dv_se3 to obtain independent legal review of any foul m
agreement before 8i e''..._.ated
9a-ing that agreement. The parties under sta-ld
=zap the mediator's oto ' -, facilitateobject; ,,
she par a es
_hese?ves =eaching t%-eir most const=sctive and fairest
!9=eement . The pas ties also unde=sta:d that the mediator has
:a1= ,tion to work on b a.�
wo
5 ehalf of each part a
.ediato- can=ot Y equally and t at the
rendes individual 1 e=al advice
=- . c c = to any pa==Y d
render the=apy ar _:: -_ ar_
a_ ate �+ithia the med? i
at or_ _
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t
ANIENDIvIENT TO AGREEMENT DATED FEBRUARY 2, 1998
BETWEETI 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 Fcbruary 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"shack 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 1998. Agreement as set forth
below.
AGREEMENT
I. 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 ft City.
b. The parties agree that ARD shall operate the concession stand on
the Property under the terms detailed in the attached Exhibit A,which is
incorporated by this reference.
2. All provisions of the 1998 Agreement other than Section 9 remain in full force
and effect. The 1998 Agreement,as amended,is not an agreement for the purchase or
sale of goods or services.
CITY OF TIGAR.D A T ION
naDISRIC:T,INC.
BY: Wil t tAm A_ MMA BVy: 4
_ fl+
Its: CITY Mattnt;t=a Its: �� rt
I~XRIBIT A .
TERMS OF CONCESS10N STAND OPERATION
I. AILD,in the exercise of ownership interest in the Property,may operate the
existing concession stand on the Property. ARD may contract with one or more
appropriately licensed service providers to operate the concession stand.
2. In order to preserve the Property and the City's interests in the Property,ARD
shall be responsible for clean-up and litter removal associated with the concession stand.
ARD may place litter in City waste bins on the Property.
1 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. AILD may sell food,non-
alcoholic beverages,snacks,apparel,souvenirs,and other similar small items at the
concession stand. ARD shall.not sell or otherwise provide any tobacco products,
alcoholic beverage,or food with alcoholic content at or from the concession stand.
5. Because the concession stand is City property,the City must approve the location,
size,and appearance of all signs within or on the concession stand.
6. ARD is responsible for the maintenance,repair and upkeep of all equipment
installed and/or operated by ARD or its contractor within the concession stand. ARD
shall not install any equipment on the Property without the prior written approval of the
City. The City is responsible for the maintenance,repair and upkeep of all equipment
installed by the City or its contractors. ARD shall be liable to the City for any damage to
City property caused by ARD or its contractor(s). ARD shall be responsible for cleaning
plugged sewer lines in and from the concession stand unless the plugged condition is the
result of faulty installation or design.
7. No modification to the structure of the concession stand shall be made without
approval of both parties. Repair shall not be considered a modification for purposes of
this section. The City may repair the,structure without approval of ARD,but shall
consult with ARD+ding any repair.
8_ The cion 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.
w
' 10. ARD is not an agent,partner, or joint venturer of the City for any purpose. Both
parties have an interest in the Property and this agreement is intended solely to govern
one aspect of their respective rights and interests in the property.
IL. ARD shall defend, hold harmless and indemnify City, its officers, agents and
employees from all claims, suits, or actions, and all expenses incidental to the
investigation and defense thereof, related to, or alleged to relate to, ARD's or its
contractor's operation of the concession stand. If any aspect of this indemnity shall be
found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall
not affect the validity of the remainder of this indemnification.
12. ARD shall maintain insurance acceptable to City in full farce 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 S1 milttion 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 sow
14. All conditions required to be in an agreement of this type by ORS Chapter 279,
including the provisions required by ORS 279.3I0 through 279.31.6, ORS 279.320 and
ORS 279.334 through 279.380 are incorporated herein as though fully set forth herein,
and .ARD and its contractor shall comply with all applicable substantive provisions of
those statutes. The parties have concluded that these requirements do not apply to this
contract. however, should an administrative agency or court with jurisdiction decide
otherwise, ARD shall hold the City harmless from any and all claims, penalties or
damages resulting; from failure to include comply with any provision of ORS Chapter
279.
I.
SECOND AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF TIGARD AND ATFALATI RECREATION DLSTRICT,INC.
THIS SECOND AMENDMENT is made and effective the ZZ- day of ,
2003,by and between The City of Tigard,an Oregon municipal corporation(the"City")
and Atfalati Recreation District,Inc.,an Oregon nonprofit corporation("ARD"). This
Second Amendment is to that certain agreement between The City and ARD dated
February 2, 1998,as amended by the parties effective ?r 2003 (said
agreement,as amended,is referred to as the"Agreemea ).
Recitals
A. The Agreement sets forth the respective rights and obligations of the parties with
regard to the Grayllamb Cook Park Addition(the"Property")in which each party holds
an ownership interest:
B. The City and ARD have previously amended Section 9 of the Agreement.
C. By this Second Amendment the parties intend to finrther amend the Agreement to
provide for the installation o1;, and credits for, certain improvements to the Property and
to clarify the payment obligations of ARD pursuant to the Agreement.
Amendment
I. Section l of the Agreement is deleted and replaced by the following pection 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 tins Agreement(the"Purchase Price"). ARD shall receive credits
against:the Purchase Price as follows: (i)$12,500 upon completion.by ARD of the
purchase and installation on the Property of portable backstops, goals,benches,bases,
pitching mounds,field lining and other improvements agreed upon by the parties;(ii)
$7,000 upon installation by ARD of safety devices to prevent fly balls from traveling into
the parking lot on the Property;(iii)$30,000 upon replacement by AILD 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.l 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. AILD 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 ofSecond Asnendmectt The provisions of this Second Amendment ,.
supercede and take precedence over any and all inconsistent provisions of the Agreement.
Exc+ept,as zmakled iaeraby,the Agream t is rautod and reaffirmed by dw parties
hero.
IN YMNMS`t EMMOF,this Second Amendment has been.executed and made
effective by the parties as of the date first above written.
CM,r OF TIGARD, ` A'I'FALATi RECREATION DISTRICT,
an Oregon municipal corporation INC.,an Oregon nonprofit corporation
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ASSIGNMENT AND THIRD AMENDMENT OF AGREEMENT BETWEEN
THE CITY OF TIGARD AND ATFALATI RECREATION DISTRICT,INC
THIS ASSIGNMENT AND THIRD AMENDMENT is made effective thew day of-A list, 201 C., ,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 Aureement, and Section 18. Anti-As-signment, both sections of which required prior
written authorization for assignment.
E. The Parties wish to amend Section 15.Ten Year Review and Termination of Agreement, and
Section 4. Goals of the Agreement.
F. By this Assignment, the Parties consent to assign to, and Southside and Tigard LL
("Assignees") consents to accept, ARD rights and responsibilities under the Agreement, and
to amend Section 15 and Section 4 of the Agreement, as set forth below.
ASSIGNMENT AND THIRD AMENDMENT
1. ARD hereby assigns to Southside and Tigard LL all of its rights and responsibilities under the
Agreement, including but not limited to all control, use, financial and other rights and responsibilities
related to the Property as set forth in the Agreement.
2. The provisions of this Assignment supercede and take precedence over any and all inconsistent
provisions of the Agreement. Except as assigned hereby and herein the Agreement is restated and
reaffirmed by the Parties hereto.
3. Section 15 is hereby amended as follows: ,
"Section 15. Termination. This Agreement shall be extended to October I, 2008, and shall
automatically renew each year unless one or all of the Parties provides in writing six months prior to
October I of each year,their intent to withdraw from or modify this Agreement."
4. Section 4 is hereby amended as follows:
"Section 4. Goals.
g. To work together to develop operating parameters for the use of the Property
facilities."
IN WTiNESS WHEREOF,this Assignment and Third Amendment has been executed and made
effective by the Parties as of the date first written above.
By:
Its: ��.:k
SOUTHSIDE:
,
By:
Its: D),??N_
J
O r d
By: _
.f
Tigard Little League & Southside Soccer Coordination Meeting
DATE: February 21, 2013
LOCATION: 10 Mil Conf Room
PRESENT: Kibwe CufBe (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 itis 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.
12arch6,,2013
City of Tigard
Board of Directors
Southside Soccer Club
PO Box 130169
Tigard,OR 97281
Board of Directors
Tigard Little.League
PO Box 230359
Tigard, OR 97281
Re: Notice of Termination of Agreement
Dear Southside Soccer and Tigard Little League Boards of Directors:
This letter is addressed to the respective Boards of Directors,of Southside Soccer Club and
Tigard Little 1.eague, as co-successors in-interest to At&lati Recreation District, Inc..
CARD"), as to the rights and obligatic)ns under the Feb.2, 1998, Agreement.between the
Cit}' of Tigard and ARID, as amended by the First Amendment dated April 11,2003, the
Second Amendment datedrkpril 22, 2003) and the Assignment and Third Amendment
(undated) (collectively called the ".kgreement").
Pursuant to Section 3 of the Assignment and Third .Amendment to the Agreement, the Cita-
of Tigard (Tigard) hereby notifies Southside Soccer and Tigard Little League of its intent to
w
tern-tinate the Agreement, effective Oct. 1, 2013). Priot to that date, the City intends to
continue discussions with,both clubs re .rd i ng future field usage arrangements.
p,
Sincerely,
n D. Rages.
Assistant Public Works Director
13125 SW- Hall Blvd. • Tigard, Oregon 9722-1 503.639.4171
TTY Relay: 503.684.2772 * wwwxigard-ongov
May 2, 2013
Bdan
Assstard Public Works Director
1-3125 SW Hall Boulevard
TjSwdfi OR 97223
Re: Tigard Little League and Southside Soccer/Cook Park
Dear Mr_ lager,
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 Paris
field maintenance from the date of the Agreement to present.
TLL and SSC trust you will give this matter your immediate attention and look forward to prompt
receipt of the information requested. If any questions arise, please advise.
Sincerely,
,¢fj{ i
Kin Kel]Qh6r, Tigard Little League President
1
vonne Sera, Southside Soccer Club President
June 3,2013
City of Tigard
Kim Kelleher, President
Tigard Little League
PCS Box 230359
Tigard, OR 97281.
Yvonne Sera,, President
Southside Soccer Club
PO Box 230169
'Tigard, OR 93281
Re: Termination of City Agreement.with Tigard Little League and Southside Soccer Club
Tear. Ms.,Kelleher and Ms. Sera:
This is in response to your May ?, 2013,letter wherein you raised several questions related to the
city's termination of the current agreement with Tigard Little Teague ('I'LL) and Southside Soccer
Club (SSC). I will respond to each question below.
's LJ�ght to Terminate Ag;=mcnt
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 languagc
amends Section 15,which is entitled "Termination." We equate the word "withdraw" to
"terminate," as there is no other plausible construct of that term.
Am ting of the "FLnd"
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 (ARIA) and its members. ARD was assessing its players a fee to
fiend 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 ars ARD (i.e.,I'LL and SSC) fund, not a city
fund..
13123 SW Hall Blvd. * Tigard, Oregon 972-73 * 503.639.4171
TTY Relay: 503.684.27;'Z * -%,W r.tigard-or.go`-
CoMensgtion to TIJ.and SSC
TLI-and SSC have asked the citta for its "desired preference of how to compensate TLL and SSC
for the equity and ownership interest ILL and SSC have in the Property should the agreement
terminate.' The short answer here is that the city has no obligration to provide such
compensation.because the agreement does not require it. This response is based on one of two
possible arguments:
1. Neu,Section 17 (per the third amendment". does not require any Compensation Upon
termination as may have been the. case under original Section 15;or
2, Exen if the third amendment faiied' to delete the compensation provisions of original Section
1.5, original Section 15 requires no compensation if,upon termination, "the Property remains
available for active recreational use by ARLY i.e.,T LL and SSC). Because the city intends to
rmike the property available.TO TL L asid 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
terrrAnates, 'rLL 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
ten years of use the agreement can terminate and,that upon such a termination, 771.and SSC get
one of three things:
1. Continued use rights.
2. 'E.qual or better replacement facilities.
3. Half of sale proceeds if the properti, is sold.
The city has chosen the first option. The spirit of the original Section 15 of the agreement was to
provide protection and remuneration rights to ARD if use of the fields was taken away within the
initial 10-year agreement period.
Accounting of City's Costs
TT,L 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 71. These activities are not funded through TLL's or SSC's payments
under the agreement. Accordingly., the city his no obligation to account for these activities.
Previously we discussed—,,xith both TLL and SSC—thc fact that our current maintenance
management software is not set up to track the work that is performed in our parks. Our new
software, currently in the process of implementation,will certainly do that for us. We can only
provide a ballpark estimate of ho-,,, 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 carman ed for the
maintenance and operation of Cook Park.
k
ttiexi,S=,S
I hope this letter has adequately addressed the questions raised in your letter. I also want to
reiterate our desire to continue further discussions u ith loth TLL and SSC as to how we conduct
business together in the future. 1 am holding off on scheduling another meeting with you until I
have my discussion with council on June 18. At that meeting,I will ask council to address the
fundamental policy question we talked about at our last meeting. Does council wish to give
preference to SSC and'I'LL 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
the at 503.71&2471 or e-mail me at brianr ,wtil„ard-ori oti,
Tian D. Raker
As&ist,int Public Works, Director
c: Marty Wine, City Manager
City Council
Dennis Koellermeier,Public Warks Director
Steve Martin, Public Works Manager
Greer Gaston, Confidential Office Manager
Kim Kelleher Speech to City Council
June 11, 2013
My name is Kim Kelleher and I am the current President of Tigard Little League. I am here tonight because I know
that at next Tuesday's working session meeting, you will be asked to decide whether Tigard LL and Southside
Soccer should be considered different than other Tigard non-profit organizations when it comes to scheduling priority
and financial considerations regarding Cook Park fields.
Last October, I realized that the final payment in a 15 year agreement with the city would be taking place during my
Presidency-I contacted the city to find out what would happen next and we began a series of meetings between the
city and TLL/SSC.
In February, Mr Brian Rager announced the city's intention to terminate the agreement that has been in place since
1998 and that he expected TLL and SSC to begin paying for fields at the$10/hour rate as well as have the same
priority as other Tigard non-profits per municipal code. Southside representatives and I expressed grave concern
over this and made Mr. Rager aware that we felt that we should be viewed differently than other groups given the fact
that, through our agreement, we have paid more than $500,000 to jointly purchase and develop, in partnership with
the city, the East side of Cook Park. Mr. Rager seemed surprised that we thought we should be declared different
and informed us that a decision like that needed to be made at a level higher than himself.
I understand that the public does not have a forum in which to speak at a working session meeting so I am here
today to make you aware of our interest in this subject and to provide you with a set of materials in case you do not
already have them. Based on our meetings with city staff as well as discussions with people involved in the original
agreement(Dave Nicoli, City Manager Bill Monahan, Public Works Director Ed Wegner and others), we believe that
city staffs interpretation of the 1998 agreement, its intent and what was intended to happen at the end of the
payment schedule is far different than ours. Mr. Rager has stated that the agreement is cumbersome and filled with
things that are not being followed -the fact that it seemed to work fine while the payment schedule was ongoing, but
now needs to be terminated as the final payment looms this October, seems a little more than coincidental.
I am asking that you read the documents for yourselves and reach out to the people involved in the original
agreement before you make any decisions. I would like to give special recognition to Bill Monahan who was City
Manager at the time of the original agreement-he is here tonight to show his willingness to meet with the Council
members at any time to answer questions about the agreement, its intent and what was intended to happen at the
end of the payment schedule.
In summary, I believe that the City of Tigard and TLUSSC came together in a very unique way to create a
"community alliance"with the purpose of providing fields and recreational opportunities for Tigard's children. I very
much hope that we, the people at the helm of our respective organizations today,will continue that legacy for the
foreseeable future.
At this time,could I ask anyone present for this purpose to please stand?
Thank you very much for your time.
Discussion Points
• A"community alliance"was formed back in 1998 between the City of Tigard and TLL/SSC- it has been in
place for 15 years and coincidentally it is being terminated at the same time that the 15-year payment
schedule is ending. Why terminate now?
• Our two non-profit organizations will have put in over$500,000 since 1998-if we are going to pay an hourly
rate and have the same priority scheduling as organizations like Tigard Lacrosse, why did we do this?
• The City of Tigard does not have a recreation department that runs youth sports programs-TLUSSC 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.
^ �_e n' J�__'" SUP PLEME AL PACKET
Iia s F 4 l
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Walmart files restraining order against protesting labor groups
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But if those protesters decide to enter any Walmarts in Arkansas, they'd better be planning on
buying something; thanks to a ruling by the state's Benton County Circuit Court, members of the
labor group OUR Walmart and the labor union UFCW (United Food and Commercial Workers)
are forbidden from doing anything on Walmart property other than shopping.
Striking Walmart employees will still be allowed to picket under the terms of the restraining
order [PDF] approved by Judge John Scott on Monday. But OUR Walmart, UFCW, and "all
other persons or entities who act in concert with them" are prohibited from joining the workers.
While the order doesn't get more specific than that, such a broad classification could include
national coalition partners such as American Rights At Work (ARAW), local grassroots
organizations, laid-off Walmart employees, and employees of Walmart contractors.
"It's very disconcerting that they're tacking this tack," said ARAW research director Erin
Johansson. "We've covered a lot of companies who have tried to silence their employees when
standing up, and I've never seen them go after community leaders this way."
Johansson is the author of an ARAW report, issued last month, which claims that Walmart has
attempted to "curb freedom of speech and assembly" through the systematic use of trespass
lawsuits against protesters. Groups like UFCW, OUR Walmart and state-level affiliates of the
Jobs with Justice coalition have been the target of such lawsuits, while former employees have
received written trespassing warnings and been handcuffed.
Walmart spokesperson Kory Lundberg said that the company filed a restraining order because
employees were concerned about possible disruptions to their work.
"We did this as a way to stand up for the rights of our associates and customers, and our very
own property rights," he said. Stressing Walmart's position that OUR Walmart and UFCW had
illegally trespassed in the past, he added, "No reasonable person would say it's okay to walk
into a business and frighten customers."
Even if every group in the anti-Walmart campaign fully complies with the restraining order, they
company's shareholders' meeting is unlikely to pass by without any disruption. The main event
will occur this Friday at the University of Arkansas, which is not covered by the ruling.
Johansson confirmed that ARAW executive director Sarita Gupta was in Arkansas for the event,
and that the group was "going to proceed with something, some kind of public demonstration."
UFCW's Making Change at Walmart campaign even raised money to fly two Bangladeshi
factory workers into Arkansas, where they will protest conditions at the manufacturing plants
which make Walmart products. While they are expected to join demonstrations at the
shareholders' meeting, they are barred from protesting on Walmart property due to their status
as contract workers not directly employed by the company.
WALL STREET JOURNAL
May 28, 2013, 4:54 p.m. ET
Wal-Mart Pleads Guilty in Environmental Cases; To
Pay More than $81 Million
By Ben Fox Rubin
Wal-Mart Stores Inc. (WMT) pleaded guilty and agreed to pay more than $81 million in criminal
and other fines for violating environmental regulations by illegally handling and dumping
hazardous waste at its retail stores across the U.S., the Justice Department said.
Results from the three criminal cases brought by the Justice Department, as well as a related
civil case filed by the Environmental Protection Agency, come after previous claims brought by
the states of California and Missouri for the same conduct.
According to documents filed in U.S. District Court in San Francisco, Wal-Mart, the world's
largest retailer, didn't have a program in place and failed to train its employees on proper
hazardous-waste management and disposal practices at the store level, the Justice Department
said. As a result, hazardous wastes were either discarded improperly at the store level--
including being put into municipal trash bins or poured into the local sewer system--or they were
improperly transported without proper safety documentation.
Wal-Mart pleaded guilty Tuesday morning in San Francisco to six misdemeanor counts of
negligently violating the Clean Water Act. The six criminal charges were filed by the U.S.
Attorney's Office in Los Angeles and San Francisco.
In the third criminal case resolved Tuesday, Wal-Mart pleaded guilty in the Western District of
Missouri to violating the Federal Insecticide, Fungicide and Rodenticide Act, or FIFRA, by failing
to properly handle pesticides.
In addition to the penalties, Wal-Mart is required to implement a comprehensive, nationwide
environmental compliance agreement to manage hazardous waste generated at its stores, the
Justice Department said.
Wal-Mart said Tuesday the incidents the charges stemmed from occurred years ago and have
already been remedied. Since the California and Missouri state cases, Wal-Mart said it
designed and implemented comprehensive environmental programs that remain in place.
"We are pleased that this resolves all of these issues raised by the government," said Phyllis
Harris, senior vice president and chief compliance officer at Wal-Mart U.S.
The company said the payments won't impact the company's results of operations for the
second quarter, and won't be material to the company's financial position.
Shares closed Tuesday at $77.32 and were unchanged after hours.
Write to Ben Fox Rubin at ben.rubin@dowjones.com
FORBES
OPIED Rick Uncaar, Contributor
6/03/2013 @ 11:28AM 253,495 views
California To Wal-Mart: Enough! No More Taxpayer
Subsidized Profits For You
For years, Wal-Mart—and other large retail operators—have been piling up huge profits by
controlling their labor costs through paying employees sub-poverty level wages. As a result, it
has long been left to the taxpayer to provide healthcare and other subsidized benefits to the
many Wal-Mart employees who are dependent on Medicaid, food stamp programs and
subsidized housing in order to keep their families from going under.
With Medicaid eligibility about to be expanded in some 30 states, as a result of the Affordable
Care Act, Wal-Mart has responded by cutting employee hours—and thereby wages—even
further in order to push more of their workers into state Medicaid programs and increase Wal-
Mart profits. Good news for Wal-Mart shareholders and senior management earning the big
bucks—not so good for the taxpayers who will now be expected to contribute even larger
amounts of money to subsidize Wal-Mart's burgeoning profits.
But, at long last and in a move gaining popularity around the nation, the State of California is
attempting to say `enough' to Wal-Mart and the other large retailers who are looking to the
taxpayers to take on the responsibility for the company's employees—a responsibility Wal-Mart
has long refused to accept.
It's about time.
Legislation is now making its way through the California legislature—with the support of
consumer groups, unions and, interestingly, physicians—that would levy a fine of up to $6,000
on employers like Wal-Mart for every full-time employee that ends up on the state's Medi-Cal
program—the California incarnation of Medicaid.
The amount of the fine is no coincidence.
A report released last week by the Democratic staff of the U.S. House Committee
on Education and the Workforce, estimates that the cost of Wal-Mart's failure to adequately pay
its employees could total about $5,815 per employee each and every year of employment.
"Accurate and timely data on Wal-Mart's wage and employment practices is not always readily
available. However, occasional releases of demographic data from public assistance programs
can provide useful windows into the scope of taxpayer subsidization of Wal-Mart. After
analyzing data released by Wisconsin's Medicaid program, the Democratic staff of the U.S.
House Committee on Education and the Workforce estimates that a single 300- person Wal-
Mart Supercenter store in Wisconsin likely costs taxpayers at least $904,542 per year and
could cost taxpayers up to $1,744,590 per year –about$5,815 per employee."
Says Sonya Schwartz, program director at the National Academy for State Academy for
State Health Policy, "There are concerns that employers will be gaming this new system and
taking less and less responsibility for their workers. This may make employers think twice."
Of course, the California Retailers Association, where Wal-Mart Stores WMT -0.66%, Inc. is
listed as a board member company, is not quite so pleased with the legislation. According to Bill
Dombrowski, chief executive of the Association, "It's one of the worst job-killer bills I've seen in
my 20 years in Sacramento, and that says a lot. The unions are fixated on Wal-Mart, but that's
ti
not the issue here. It's a monster project to implement the Affordable Care Act, and having this
thrown on top is not helpful."
One wonders if we will ever see the day when Americans will stop falling for the hostage-taking
narrative consistently put forward by those whose job it is to defend the indefensible. At the first
suggestion of finally putting a chink in Wal-Mart's policy of profiting at the taxpayers' expense—
a practice that should have every American thinking about what passes for free-enterprise in the
United States today—the response is to always threaten to take away jobs if we dare to
challenge their business practices, even if those practices cost us billions.
While the unions may, indeed, be "fixated" on Wal-Mart, it is hard to miss the fact that Mr.
Dombrowski did not even attempt to explain why it is acceptable policy for taxpayers to continue
subsidizing Wal-Mart's ever expanding profits. Nor does Dombrowski attempt to deal with the
fact that, according to aLos Angeles Times report, an additional 130,000 people working for
large and profitable firms will go onto California's Medi-Cal rolls over the next few years,
bringing the total number of Medicaid recipients in the Golden State who are employed by large
companies to just under 400,000 people.
Note that these are not people who rely on `government handouts' because they do not wish to
work. Rather, these are people who show up to do their jobs for as many hours a week as their
employer will permit them to work.
Interestingly, the federal law imposes a penalty on companies with more than 50 employees
who do not provide health insurance to an employee working over 30 hours per week. The feds
also penalize a company when its workers buy their own healthcare coverage on an exchange
and receives a government subsidy to do so.
However, there is no penalty imposed by the federal government on a company when a
company's workers become eligible for Medicaid.
Think that this `oversight' had anything to do with Wal-Mart's early support of the Affordable
Care Act?
The result is that companies like Wal-Mart are actually encouraged by the federal policy to pay
their workers even smaller sums without providing healthcare benefits so that even more of their
workers will qualify for Medicaid.
What I always find fascinating is that the very people who are so critical of the subsidies
provided by Obamacare to lower-earning Americans (how many times have these people
reminded us that"someone is paying for these subsidies") never seem to have much of a
problem with the subsidies we pay to support Wal-Mart's massive profits by picking up the
healthcare tab for so many of the company's employees. But then, those who support taxpayers
doing the job that Wal-Mart should be doing tend to be the same folks who are quick to suggest
that nobody is forcing workers to take a job at Wal-Mart. Apparently, these people are operating
under the opinion that a Wal-Mart worker earning below the federal poverty level wouldn't
readily move to a better paying job if such a job were available to that worker.
The good news is that the proposed California legislation has a very good chance of becoming
law. While the proposed legislation will require a 2/3 vote in both the Senate and Assembly,
Democrats currently have supermajorities in both legislative bodies in the state.
Let's hope that California gets this done and other states are quick to follow California's
lead. This is legislative action whose time is long overdue.
Contact Rick at thepolicypage@gmail.com and follow me on Twitter and Facebook.
Private Road � .. ._
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could cause flooding during times of heavy rain and water
runoff- if not corrected NOW!
•
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• (DATE OF MEETING)
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for yourself. A fake`beaver dam' built with rock and has put upstream homes - and perhaps lives - at risk.
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AIS-1350 3. A.
Business Meeting
Meeting Date: 06/11/2013
Length (in minutes): Consent Item
Agenda Title: Receive and File: Council Calendar and Council Tentative Agenda
Submitted By: Carol Krager,City Management
Item Type: Receive and File Meeting Type: Consent-Receive and File
Public Hearing: No Publication Date:
Information
ISSUE
Receive and file the Council Calendar and the Tentative Agenda for future Council meetings.
STAFF RECOMMENDATION/ACTION REQUEST
No action requested;this is a receive and file summary for information purposes.
KEY FACTS AND INFORMATION SUMMARY
Attached are the Council Calendar and the Tentative agenda for future Council meetings.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS
Long-Term Council Goals: Continue pursuing opportunities to reduce traffic congestion.
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A-Receive and File Items
Attachments
Council Calendar
Tentative Agenda
Agenda Item No.
For Agenda of June 11, 2013
= MEMORANDUM
. D
TO: Honorable Mayor&City Council/City Center Development Agency Board
FROM: Cathy Wheatley,City Recorder
RE: Three-Month Council/CCDA Meeting Calendar
DATE: June 4,2013
June
4 Tuesday City Center Development Agency–6:30 p.m.,Red Rock Creek Conference Room
11* Tuesday Council Business Meeting-6:30 p.m.,Town Hall
18* Tuesday Council Workshop Meeting–6:30 p.m.,Town Hall
25* Tuesday Council Business Meeting–6:30 p.m.,Town Hall
July
2 Tuesday City Center Development Agency–6:30 p.m.,Red Rock Creek Conference Room
4 Thursday Independence Day Holiday–City Hall offices closed
9* Tuesday Council Business Meeting-6:30 p.m.,Town Hall
16* Tuesday Council Workshop Meeting–6:30 p.m.,Town Hall
23* Tuesday Council Business Meeting–6:30 p.m.,Town Hall
August
6 Tuesday National Night Out(City Center Development Agency Meeting Cancelled)
13* Tuesday Council Business Meeting--6:30 p.m.,Town Hall
20* Tuesday Council Workshop Meeting-6:30 p.m.,Town Hall
27* Tuesday Council Business Meeting-6:30 p.m.,Town Hall
Regularly scheduled Council meetings are marked with an asterisk(*).
I:\adm\city council\council calendar\3-month calendar for c mtg 130611.doc
r
Meeting Banner ❑ Business Meeting ❑
Study Session ❑ Special Meeting ❑
Consent.Agenda ❑ Meeting is Full .
Workshop Meeting ❑
City Council Tentative Agenda
6/3/201311:44 AM- Updated
Form Meeting Submitted Meeting --------------------Title---------------------------- Department rF�i
box or
# Date B e
nalized
112706/11/20173ICarol Kra er AA une 11 2013 City Council Business Meeting
1318 06/11/2013 Cathy CCSTUDY 20 Minutes - Follow Up Discussion from April 30, agement 1jMartyW, City I
Wheatley
City Man
Town Hall - Wal-Mart Project Mana er
1344 06/11/2"LWheatley
Cathy CCSTUDY 25 Minutes - Discussion of Council Travel Policy and City Management 06/03/2013ravel Budget
otal IWW45 of Alniputes have
1304 6/11/2013 oseph CONSENT �ite
onsent Item - Contract Award - Fanno Creek House Financial and 06/03/2013
Barrett Improvements Information Services I
1337 6/11/2013 Cathy CONSENTConsent Item - Approve Resolution Amending City Management 06/03/2013
Wheatley Resolution 10-36 and Setting City Council and Mayor
Compensation
1350 6/11/2013Carol Krager CONSENT onsent Item - Receive and File: Council Calendar ity Management 05/30/201311 I
land Council Tentative Agenda
1351 6/11/2013 arol Krager CONSENT onsent Item - Approve City Council Meeting City Management 05/30/2013 I
Minutes
I
1213 06/11/2013 Cathy CBSNS 1 15 Minutes - State of the Tualatin Valley Fire dministrative06/03/2013 I
IlWheatleyDistrict Presentation - Chief Mike Du ck :11Services
1223 06/11/2013 Liz Lutz CCBSNS 2 5 Minutes - Resolution Certifying that the City of Financial and MartyW, City
Tigard Provides Services Qualifying for State-Shared Information Services Manager
Revenues
EfIr
013 6/11/2Liz Lutz CBSNS 3 5 Minutes - Resolution Declaring the City's FIS 06/03/2013
Election to Receive State Revenue Sharing
11 Page
is\adm\carol\tentaty ag\2013\june 3 2013.docx
Meeting Banner ❑ Business Meeting ❑
Study Session ❑ Special Meeting ❑
Consent Agenda ❑ Meeting is Full .
Workshop Meeting ❑
City Council Tentative Agenda
6/3/201311:44 AM - Updated
1225 06/11/2013 Liz Lutz CCBSNS 10 Minutes - Resolution Adopting Citywide Master Fees Financial and 06/03/2013
and Charges Schedule replacing Res 12-22 and All Information Services
Subsequent Amendments to Date
1226 06/11/2013 Liz Lutz CCBSNS 5 15 Minutes - Public Hearing-Adopting the Budget, Financial and 06/03/2013
Making Appropriations, Declaring the Ad Valorem Tax Information Services
Levy, and Classifying the Levy As Provided
1227 06/11/2013 Liz Lutz CBSNS 6 5 Minutes - Public Hearing-Adopting City Center Financial and 06/03/2013
Development Agency FY 2013-2014 Budget, Making Information Services
Appropriations, Imposing and Categorizing Taxes
12836/11/2013 0 Floyd CCBSNS 7 25 Minutes - Briefing on Parks Zone Project =FCom Development 06/03/2013
1284 06/11/2013 om CCBSNS 15 Minutes - Briefing on Upcoming Development Code Community 06/03/2013 I
McGuire Update Projects Develo ment
11286/18/2013 Carol Kra er AA une 18 2013 City Council Workshop Meetin I
1287 06/18/2013 GreerCCWKSHOP 1 20 Minutes - Briefing on the City's Continuity of Public Works eck M, I
Gaston �Operations Plan COOP Lu
1303 06/18/2013 tristie CCWKSHO 2 15 Minutes - New Washington County Emergency Public Works Gaston G, Conf I
eerman Mana ement Cooperative Agreement Executive Asst `
1340 06/18/2013 C Wheatley CCWKSHOP 3 20 Minutes - Legislative Report from Joel Rubin, CFM City Management Newton L, I
Schedule between 7-8 .m. for Joel's schedule
1273 06/18/2013 Kristie CCWKSHO 4 90 Minutes - Discuss Naming Policy, Park Reservation Public Works Rager B, Asst. PW
Peerman Preferences, Agreement with SSC and TTL, Park Bond Director
Status
1346 06/18/2013 La France CCWKSHOP 5 35 Minutes - Executive Session on Potential Litigation - FIS 05/29/2013
I
LCODA/Cit Council
2 Page
is\adm\carol\tentaty ag\2013\june 3 2013.docx
Meeting Banner ❑ Business Meeting ❑
Study Session ❑ Special Meeting ❑
Consent Agenda ❑ Meeting is Full .
Workshop Meeting ❑
City Council Tentative Agenda
6/3/201311:44 AM- Updated
1129 06/25/2013 Carol Krager AA e 25, 2013 City Council Business Meeting -
LMayoI
rCook Absent IF 1E
1306 06/25/2013 Steve Martin CCSTUDY 30 Minutes - Executive Session - Real Property (Park Public Works 05/20/2013 I
Bond
otal Time: 30 of 45 minutes have been scheduled
I
1288 6/25/2013reer CONSENT onsent Item - Consider a Resolution Adopting the orks G, ConfGaston it 's Continuit of O erations Plan COOP Public W ]�aston
xecutive Asst I
1329 6/25/2013 Steve Martin CONSENT onsent Item - Acceptance of the Quail Hollow Tract Public Works Martin S, Parks I
Open Space Donation IManager
I
1343
6/25/269ICathy7CCBSNS 1 15 Minutes - Update by Tualatin Riverkeepers-Environ- dministrative I
Wheatle mental Education Program-Dirksen Nature Park IServices 11
1282 6/25/2013 Kent Wyatt CBSNS 2 20 Minutes - Public Hearing - Consider an City Management Wyatt K,
Ordinance Amending the Tigard Municipal Code to Management
Authorize Social Gaming Analyst
1260 06/25/2013 Judith Gray CBSNS 3 30 Minutes - Update on Initial Recommendation Community Gray J, Sr
from Southwest Corridor Plan Steering Committee Development Transportation
Planner
otal Time: 65 of 100 minutes have been scheduled
1335 07/02/2013 Carol Krager AAA July 2, 2013 City Center Development Agency
Meeting - Councilor Snider absent - As of June 3 -
nothing scheduled
I
3 1 P a g c
is\adm\carol\tentaty ag\2013\june 3 2013.docx
Meeting Banner ❑ Business Meeting ❑
Study Session ❑ Special Meeting ❑
Consent.Agenda ❑ Meeting is Full .
Workshop Meeting ❑
City Council Tentative Agenda
6/3/2013 11:44 AM - Updated
1334 7/09/2013 ][Carol Kra er AA ul 9 2013 Cit Council Business MeetingI
I
1349
107/09/2013 JIS Zodrow 120 Minutes - Executive Session - Labor Relations Cit management---]105/29/2013
otal Time: 20 of 45 minutes have been scheduled
1295 7/09/2013heryl CONSENT0angle
nsent Item - Citizen Advisory Committee - Tigard Community Caines C, Assoc
aines Strategic Plan Development Planner I
1296 7/09/2013 heryl CONSENTritizen
sent Item - Appoint Members of Tigard Triangle ommunity aines C, Assoc I
aines Advisory Committee IDevelo ment Planner
1342 7/09/291�Bengtson
oanne ]=�ommittee
onsent Item - Neighborhood Involvement City Management 6/03/2013
I
Revised Bylaws
I
1169 7/09/2013 Kristie CBSNS 10 Minutes - Adopt a Resolution of Necessity to Public Works Berry G, Project
Peerman Acquire Property for Derry Dell Creek Culvert Engineer
Replacement Project
otal Time: 10 of 100 minutes have been scheduled
1308 7/16/2013 Carol Kr!�T=�bsent
my 16, 2013 Workshop Meeting - Mayor Cook I
— -
1085 07/16/2013Greer CCWKSHO 30 Minutes - Review Draft Sustainability Plan Public Works Wright, M., PW
]Gaston Business Mana er I
1290 07/16/2013 John CCWKSHO 60 Minutes - Future Water Supply Opportunities Public Works Gaston G, Conf il Goodrich Executive Asst
130207/16/2013 udith Gray 5 Minutes - Southwest Corridor Plan -- U date Com Development IlGray J,
]frotal Time: 135 of 180 minutes have been scheduled
4 1 Page
is\adm\carol\tentatv ag\2013\june 3 2013.docx
I
Meeting Banner ❑ Business Meeting ❑
Study Session ❑ Special Meeting ❑
Consent agenda ❑ Meeting is Full .
Workshop Meeting ❑
City Council Tentative Agenda
6/3/201311:44 AM- Updated
1309 07/23/2013Carol Krager ] A=�s
my 23, 2013 City Council Business Meeting
of June 3 2013 - nothing scheduled
1310 08/06/2013 Carol KragerAA ugust 6, 2013 City Center Development Agency Meeting I
�- CANCELLED DUE TO NATIONAL NIGHT OUT
1311 08/13/2013 Carol Krager August 13, 2013 City Council Business Meeting - Mayor
Cook Absent - As of June 3, 2013, nothing scheduled for
::]-studysession or the consent agenda.
1300 8/13/2013S Farrelly CBSNS CDA - 10 Minutes - Main Street Gateway Public Art Com Development Farrelly SJ- I I
rupdate
otal Time: 10 of 100 minutes have been scheduled
1312 08/20/2013 Carol Kragelff:�Iayor
ugust 20, 2013 City Council Workshop Meeting -
Cook Absent I
1237 08/20/2013 G Gaston CCWKSHOP 15 Minutes - Briefing on Capital Improvement Plan Public Works Stone Mike, I
lProjects
134708/20/2013 G Gaston CCWKSHOP 10 Minutes - Briefing on Dispersing LID No. 1 jjPublic Works IlStone Mike I
1352 08/20/2013 Kristie CCWKSHO tcleman
Minutes - Briefing on Alignment Options for the Public Works Engineer
tone Mike, City I
Peerman Ave./North Dakota St. Intersection
otal Time: 55 of 180 minutes have been scheduled
1313 08/27/2013 Carol Krager AA ugust 27, 2013 City Council Business Meeting - I
Councilor Snider absent
51Page
is\adm\carol\tentaty ag\2013\June 3 2013.docx
AIS-1337 3. B.
Business Meeting
Meeting Date: 06/11/2013
Length (in minutes): Consent Item
Agenda Tide: Approve Resolution Amending Resolution 10-36 and Setting City Council and
Mayor Compensation
Prepared For: Liz Newton Submitted By: Cathy Wheatley,
Administrative
Services
Motion Requested
Item Type: Resolution Meeting Type: Consent Agenda
Public Hearing
Newspaper Legal Ad Required?: No
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall Council pass a resolution establishing Mayor and Council compensation which supersedes Resolution No 10-36?
STAFF RECOMMENDATION/ACTION REQUEST
Staff recommends passage of resolution
KEY FACTS AND INFORMATION SUMMARY
During public Budget Committee meetings held on April 22,29,and May 6,2013,the Budget Committee discussed and
approved an update to the compensation to Mayor and Council. Key factors considered in the decision include:
• Mayor and Council compensation is supposed to be addressed annually per City Charter and Tigard Municipal
Code.
•Mayor compensation has not been updated since 2008.
• Council compensation has not been updated since 1999.
•During this period,non-represented staff has received a cost of living adjustment in most years.
•The cost of local travel and fuel has increased significantly during this period.
• Since city staff are eligible for city-paid technology for city business,such as city cell phones or cell phone
stipends,should Council and the Mayor also be eligible?
The decision of the Budget Committee was to grant a stipend increase for Mayor and Council commensurate with
non-represented staff COLA,provide an automobile allowance,and provide city-paid technology for city business.
OTHER ALTERNATIVES
Do not pass the resolution and maintain current compensation for Mayor and Council.
COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS
DATES OF PREVIOUS CONSIDERATION
April 22,29,and May 6 2013 during Budget Committee public meetings.
Attachments
Resolution
AIS-1304 . C.
Business Meering
Meeting Date: 06/11/2013
Length(in minutes): Consent Item
Agenda Title: Contract Award-Fanno Creek House Site Improvements
Prepared For: Joseph Barrett
Submitted By: Joseph Barrett,Financial and Information
Services
Consent
Item Type: Motion Requested Meeting Type: Agenda-LCRB
Public Hearing
Newspaper Legal Ad Required?: No
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
Shall the Local Contract Review Board award a contract for construction of the Fanno Creek House Site Improvements
project to Casserly Landscape,Inc.?
STAFF RECOMMENDATION/ACTION REQUEST
Staff recommends the Local Contract Review Board award the contract for the construction of the Fanno Creek House
Site Improvements project to Casserly Landscape,Inc.in the amount of$135,000 and authorize the City Manager to
carry out all necessary steps to execute the contract.
KEY FACTS AND INFORMATION SUMMARY
The city is set to begin the second phase of improvements to the Fanno Creek House. Phase 1 consisted of
remodeling the house during fiscal year 2010-2011. Phase 2 includes landscaping upgrades,parking enhancements,and
riparian area improvements. The project was presented to the Parks and Recreation Advisory Board(DRAB) and that
Board's approval.
The city issued an Invitation to bid for the second phase improvements on April 24,2013. A mandatory pre-bid
walk-through was held on May 2,2013, at the project site.This afforded prospective bidders and the city's project team
an opportunity to clarify segments of the work and familiarize the contractors with the site layout. The Invitation to
Bid closed on May 14th and the city received bids from four(4) firms:
Contractor Bid
Casserly Landscape $135,000
Columbia Cascade Construction 1$144,900
Crown Landscape $1511131
Desantis Landscape $157,848
Engineer's Estimate - $134,000
Staff has reviewed the bids and determined that Casserly Landscape has submitted the lowest responsible bid. Casserly
is not on the Bureau of Labor and Industries ineligible list and had the proper bonding with the State's Contractor's
Construction Board (CCB) for this project. Staff recommends the contract for the Fanno Creek House Site
Improvements(phase 2)construction project be awarded to Casserly Landscape for$135,000.
OTHER ALTERNATIVES
The Local Contract Review Board may decide to not award this contract and direct staff to conduct a new solicitation.
COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
This is the first time this contract award has been before the Local Contract Review Board.
AIS-1213
4.
Business Meering
Meering Date: 06/11/2013
Length (in minutes): 15 Minutes
Agenda Title: State of the Tualatin Valley Fire District Presentation-Chief Mike Duyck
Submitted By: Cathy Wheatley,Administrative Services
Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting-Main
Public Hearing: No Publication Date:
Information
ISSUE
Tualatin Valley Fire and Rescue (IVF&R) District Chief Mike Duyck is scheduled to give a"State of the Fire District
Presentation."
STAFF RECOMMENDATION / ACTION REQUEST
N/A
KEY FACTS AND INFORMATION SUMMARY
TVF&R Chief Duyck will present information on current and planned activities of the fire district.
OTHER ALTERNATIVES
N/A
COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS
N/A
DATES OF PREVIOUS COUNCIL CONSIDERATION
N/A
7770
SUPPLE AL PACKET
FOR /
(DATE OF MEETING
t
'j Tualatin Valley
Fire & Rescue
ProudlyServing
Tigard
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y�
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p TVII
Tualatin Valley
Fire do Rescue
Cover F - ion
lo Square Miles �rairti�,� Fire Stations
i. Fire Stations with
7� Community Rooms
21 Stat I O I'15 ih Plains v Q North Operating District
Central Operating District
\ Q South Operating Dun"
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Three Operating Centers • t = 4M"M
North (Aloha, Beaverton) Millsboro x� la j
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NOC
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■ Front Line, Fire Prevention, Public CT er a U6nGladst9he
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Newberg Wilso Ville
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Tigard Calls for Service
Number of calls for service in Tigard over the last 12 months:
42642
271 94
391
EMS (Medical)
3'886 ■ Fire
Other/Public Assist
■ Misc Hazards
Emergency Medical Calls
Pastl2lVlonths :
District-wide Tigard
82% 8496
Medical Medical
Top Medical Dispatch Types
900 FALL 2012 Top Medical Dispatch Types
CHEST PAIN patient contact by TVFR
excludes"sick person"
800 BREATHING PROBLEM
UNCONCIOUS
TRAUMA
700 SEIZURE
MOTOR VEHICLE CRASH-Injury
600
S00
400
300
200 -
100
0
AgeO-14 Age15.29 Age30-49 AgeSO-69 Age7O-84 Age&S-Over
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A GrowingHealth and Social Services "Safet Net"
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IV IAM tJlt"M heart attacks,diabetic sores,epi- that fire departments across the Waslungtnn's fire depattam The shift in firefighters'du-
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off his latex gloves after treat- `I joined the force to bat- tors,are inooau*sent*as aU emergency calls in the betief WeparIMM.Ad-
ing a 4-year-old boy having de blazes,not to be an emeu primacy can providefs. that it can prmide Me quickest tatop11�g0�lttooltllllectiort
a severe asthma snack. I.R. gency tooth doctor;"Muyleart, About 00 percent of the alis response ttilitmd ttttilYtol
Muyleart doted with a touch of 35,said as be and the rest of En- handled by Engine Co. 10 are Ina recent 24-hour shaft.En- ogyhave led to a drop bi6jfm-
trustrat3on. �0 drove bade to theirthe firehouse
medical�because gine Co. 10 took three calls in- quency of fires.
It was 3 am.and in the past which for most of the rehouse ser%vs one of the volving asthma attacks, five Sorne tides hart questioned
24-hour shift.Muyleart,a fire- past 15 years has been the busi• city's poorest areas,where few from people with chest paints of the cost of dispatctung fire en.
fighter had reswdod to at least est in the country,according to residents have heAM imuuanee, shortness of breath,rwa from as- gives to medical emergencies,
one emergmcycall per holm But industry survm doctors'dwkups are tate,and saint victims and six about un- but most havedeternuned that it
only two of those calls were for Among the hidden costs of the medical problems are left cafes- conscious people lying on the istoo dAytoto allays send the
fiery mostof der od>ert involved hearth care crisis is the burden err until someone dials 91 I. sfdewafk closest emrrgeney personnel.
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TVF& R CARS
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■ Staffed with a
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■ 4 days/week; so
hours/shift
Tigard CAR 50
responded to 57o calls
i n 2012 .
Updating Our •
Station So Station 53
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411 39
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■ Apartment Managers/Landlords
■ S . K . I . D .
• Adult Foster Care Providers
■ Youth Firesetter Intervention
■
a er ommunes
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• Hands-Only CPR .
• Law enforcement response .
• TVF& R's PulsePoint Mobile App .
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■ Provide progressive, top-notch emergency response
service .
• Educate the community on fire and life safety.
• Participate with you on transportation and
community planning .
• Be financially prudent and responsible with the
resources entrusted to us.
AIS-1223 5
Business Meeting
Meeting Date: 06/11/2013
Length (in minutes): 5 Minutes
Agenda Title: Resolution Certifying that the City of Tigard Provides Services Qualifying for State-Shared
Revenues
Prepared For: Liz Lutz Submitted By: Liz Lutz,Financial and
Information Services
Item Type: Resolution Meeting Type: Council Business Meeting-Main
Public Hearing: No Publication Date:
Information
ISSUE
Shall the City Council approve a resolution certifying that the City of Tigard provides certain services making the city
eligible to receive state shared revenues?
STAFF RECOMMENDATION /ACTION REQUEST
Staff recommends approval of the attached resolution.
KEY FACTS AND INFORMATION SUMMARY
The city has estimated the receipt of the following state shared revenues:
FY 2012-13 FY 2013-14
Cigarette Tax $ 60,127 $ 57,241
Liquor Tax $ 736,341 $ 791,567
State Gas Tax $2,826,073 $2,910,855
The State of Oregon requires the city to certify its eligibility to receive these revenues by stating that it provides more
than four of the services listed in ORS 221.760.The city does provide six of the seven required services and is therefore
eligible for receiving the state shared revenues.The services that the city provides includes police services; street
construction;maintenance and lighting;sanitary sewer and storm water management;planning,zoning and subdivision
control;and water utility.Approval of the attached resolution will meet the State of Oregon requirement for
certification.
OTHER ALTERNATIVES
Do not accept the revenues from the State of Oregon.
COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS
Acceptance of these revenues will assist in the funding of the city focus points and strategies.
DATES OF PREVIOUS COUNCIL CONSIDERATION
NA
Attachments
Resolution for State Shared Revenues
AIS-1224 6
Business Meeting
Meering Date: 06/11/2013
Length (in minutes): 5 Minutes
Agenda Title: Resolution Declaring the City's Election to Receive State Revenue Sharing
Prepared For: Liz Lutz Submitted By: Liz Lutz,
Financial and
Information
Services
Council
Business
Resolution Meeting-
Item Type: Public Hearing-Informational Meeting Type: Main
Public Hearing
Newspaper Legal Ad Required?: Yes
Public Hearing Publication
Date in Newspaper: 04/04/2013
Information
ISSUE
Should the City of Tigard elect to receive State Revenues as outlined in ORS 221.770,State Revenue Sharing Law?
STAFF RECOMMENDATION/ACTION REQUEST
Staff recommends adopting this resolution.
KEY FACTS AND INFORMATION SUMMARY
State Revenue Sharing Law,ORS 221.770,allocates 14 percent of state liquor tax to cities on a formula basis. The law
requires cities to annually pass an ordinance or resolution to request state revenue sharing money.The law also requires
public hearings be held by the city and certification of these hearings is also required. The hearing on State Revenue
Sharing was noticed and held as a part of the Budget Committee meeting on May 6,2013.In order to receive state
revenue sharing in FY 2013-2014,the city must levy property taxes in the preceding year,which the city has done.The
City estimates the receipt of$452,088 of state revenue sharing funds in the FY 2013-2014 budget.
OTHER ALTERNATIVES
Do not pass resolution.
COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS
Acceptance of this revenue will assist in the funding of city goals and strategies.
DATES OF PREVIOUS CONSIDERATION
NA
Fiscal Impact
Cost: NA
Budgeted (yes or no): Yes
Where Budgeted (department/program): General Fund
Additional Fiscal Notes:
Approval of this resolution would secure$452,088 of revenue for the General Fund.
Attachments
Resolution to Receive State Shared Revenues
AGENDA ITEM No. 6 Date: June 11,2013
PUBLIC HEARING
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify
before City Council on:
DECLARING THE CITY of TIGARD'S
ELECTION TO RECEIVE STATE
REVENUE SHARING
Due to Time Constraints
City Council May Impose a
Time Limit on Testimony
AGENDA ITEM No. 6 Date: June 11, 2012
PLEASE PRINT
Pro onent—(Speaking In Favor) Opponent—(Speaking Against) Neutral
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
1-10 VQ-
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
AIS-1225 7.
Business Meeting
Meeting Date: 06/11/2013
Length (in minutes): 10 Minutes
Agenda Title: Adopt Citywide Master Fees and Charges Schedule Replacing Res 12-22 and
Subsequent Amendments and Resolution Adopting Misc.Solid Waste Rates
Prepared For: Liz Lutz Submitted By: Liz Lutz,
Financial and
Information
Services
Council
Business
Meeting-
Item Type: Resolution Meeting Type: Main
Public Hearing
Newspaper Legal Ad Required?: No
Public Hearing Publication
Date in Newspaper:
Information
ISSUE
As part of the annual budget process,the City Council has the opportunity to adjust fees and charges related to city
services.
STAFF RECOMMENDATION /ACTION REQUEST
Staff recommends that City Council adopt two proposed resolutions:
1. A resolution to adopt the Fees and Charges Schedule for FY 2013-2014.
2. A resolution to include solid waste miscellaneous service rates,which were omitted in error from Resolution No.
13-18 adopting a new solid waste rate schedule.
KEY FACTS AND INFORMATION SUMMARY
Every fiscal year,a revised Master Fees&Charges Schedule is submitted to the City Council for approval along with the
citywide operating budget.The attached schedule includes fee updates for most departments as several fees
are adjusted annually using applicable indexes. Included in the schedule are phased-in fees such as water.These phased
in fees have already been approved by City Council and are included in the FY 2014 Approved Budget.
Additionally,when the council adopted a new solid waste rate schedule on April 23,2013via Resolution No.
13-18—miscellaneous solid waste service rates were omitted in error. If adopted,the attached resolution adds the
adjusted miscellaneous service rates to the solid waste rate schedule,which is separate from the Master Fees and
Schedule, since it is not a fee that is charged by the city.
In accordance with Resolution No. 01-54A,the new solid waste rate schedule was implemented to provide an aggregate
target profit rate of 10 percent annually for the city's franchised solid waste haulers.The adjustment to the
miscellaneous service rates was factored into calculations to achieve the aggregate target profit rate.
OTHER ALTERNATIVES
Alter only those fees that are set by other agencies or are adjusted annually using an already approved formula.
COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS
The fees and charges help fund council focus strategies including:
DATES OF PREVIOUS CONSIDERATION
Solid Waste fees were adopted on April 23,2013.
Attachments
Resolution
Exhibit A-Master Fees and Charges Schedule
Resolution for Solid Waste Misc Fees
SA+p(emc,a4aL _
Co/����0�3 paCf�nF
v�„ucZtdod +o rn r d
City of Tigard c
Memorandum
To: City Council Members SUPPLEMENTAL PACKET
�lI�_ a� ► 3
From: Larissa Collins, Sr. Management Analyst �(J FOR(DATE OF MEETING)
Re: FY 2014 Master Fees & Charges Schedule NCL V
Date: June 6, 2013
`4-s�. --L4 /3-ate
Attached to the FY 2014 Master Fees and Charges Schedule is a two-page summary of all
changes to the proposed schedule.
You will find that each fee lists the description of the fee, the page number it is located on in the
schedule, the basis for the change, the basis of authority for the change, and whether or not the
fee is included in the budget.
Please note the folloxNing explanation detailing whether or not the fee is included in the budget:
"Y"—This indicates that the fee is included in the budget, and any changes are usually
influenced by an index. This also means that the fee or charge has a measurable effect on
revenues and expenditures Within the budget.
"N"—This indicates that the fee or charge is not included in the budget. These items
typically do not occur very often, and have little measurable effect on revenues.
If you have any questions or concerns, please feel free to contact me at 503-718-2643.
FY 2014 Proposed Master Fees&Charges Summary of Changes Report
Included in
m.. Schedule - ^- Budget?
Fee Dcscri tion Page(s) Basib of Change, Authority jYj N)
Financial&Information
Services Business Licenr<e(Annual Feel 4 Fee adopted by council anti adjusted annually (1rtl.NR l} 1'
in conjunction with the Portland Comcumer
Price Index(CPI)at 210"".
Telecommunication Fran his Fee 5 Fee remains the came.I Inwever,nate has been changed to TAIL 15.06
Ueik'ty Franchise_Apajjc&don Fee.
Solid Waste Disposal Fee 5 Fce increased by 1"„per Budget Committee. TMC 15.06 y
Right of Way UsalM Fee 4-5 Foes have been wforrmatted under the Franchise Fee/Right of Way TMC:15.06
Y
Uaene Fe section for clarity purposes.
Sewer Reimbursement District Loans 6 Fox established per'f igard Municipal Code allowing sewer reimbursement ORS 2n215 N
district loans at the Applicable Federal Rate(AfR).
System n (Other than Sewer
Reimbursement District Loans) 6 Fre established per Tigard Municipal Code allowing for installment payments TMC 3.24.1(Mi v
of system development charges of which Council will establish the interest rare.
An application for of 525.(a)along with an interest rate of prime plus 4"•"as
of the date of the application is proposed.The basis for the change is comparable
to most local jurisdictinns.
Libran'
Flash Drives 7 New fee aftming public Purchase of flash drives. Dept.Policy N
Late Return of w_-Readers New rine related to the late return of F-Rcadcm Dept Policy N
Overdue Cultural Pass New fine implemented for the late return of a d.ibrary Cultural Pass. Dept Policy N
Police
Security Alarm Permit R Name changed to Alsm Permit Fe (Residential&Commercial). Dept.Policy N
No change in kv.
Failure to Obtain or Renew Security Alarm Permit Fee a Fee has tom been mriscd since 1982 Fee adjusted due to inerewe cost Dept.Policy N
of issuance and is more in line with other local jurisdictions.
Late Payment of Fees/Fines(After 60 days) N New fie established to recover costs and is sirdar to other local Dept.Policy N
jtm,diction.
Fpilure to Obtain Permit within 60 Dan of Alarm )t New fee established to rccm er costs and is similar to other local jtmstdictions. Dept.Policy N
Ln5uHation
A New fee established to recover acts and is similar to other local jurisdictions. Dept.Policy N
Reinstatement Fee.Once Rcyokcd(After 90 dW past duel
Page 1 of 2
FY 2014 Proposed Master Fees&Charges Summary of Changes Report
Tndv din
ScheduleJEWF - Budget?
Department See Description Pa (s) Basrs of Cha6 W-A-40 (V/N)
Non=rmitted or Revoked Alarm Permit 8 New fee established to mcmvr costs and are similar to other local Dept.Policy
jurisdictions.
False Alamo Fines 8 Hees have not been reused since 2(X)3.'Mc recommended fee is Ord.87-73 1'
adjusted for inetcased cost of monitoring and response times to false
Alarms.Fces am simiat to other local jurisdictions.
Vehicle Release Fee 8 Fee has not been adjusted since 2(X)7.Increased fee will recrnmr a URS 709.7211 1•
portion of the personnel costs associated with the impound of a
vehicle.
Community Development
Sanitary Sewer Connection Fee 24 This fee is determined bt•Clean Water Smite.The citr receive 3.99"" Cloan\\ate,S, \'
of foes that are collected.Fa increase is pending untilapproved by
CWS Board that is scheduled to meet on 6/18%1.7.
Planning Fees/Chargee 221-25 Adjustments tied to Searle Comstruction Cost Index(CCI) Res.03-59 1'
which is 4.1".as of May 2113.Planning fees include a
147(P.long range planning surcharge.
Public%.rks
Special Event Permit Fee 26 Base fees for the first 3 hours for special events at Cook Park remain Dept.Policy N
unchanged.I lows-i r,an additional hourly fee for conte that run longer
than 3 hours is required in order to reeot cr costs associated with the
additional sen iccs pmsided by the city for longer events.
Street Maintenance Fee 27 Pee adjusted bt•4.94.based on a combination of two indexes,the TMC.15.21)
F:nginccmng Nems Record Construction Cost Index,and the Oregon
Monthly Asphalt Cement Material Price Index.
Fire Rate,(Sprinklers 30 Adjustment tied to Seattle Cnnstmetion Cost Index(CCI) Dept Policy 1'
which is 4.1".as of May 21)13.
Fire Service Connection 30 Adjustment tied to Seattle Constttaction Coat Index(C. ) I)cpt Policy 5'
which is 4.1"'s as of Mat 2013.
anitary Sewer SeMcc Fe (get by Clean Water Service 30 'Idris fee is determined by Ocan Water Sm*e.'Ihc city receives 11,.311("" Dept.Policy Y
of fees that are collected.Fee increase is pending unto approyod by
CWS Board that is scheduled to meet on 6!18/13.
Storm and Surface Water Fee(get by Clean Water Send 1 30 Ser%ice charge is determined br Clean Water Sery1m The cin-receives 75"" Clean\Cater Srnice. 1'
of fax that are collected.Fee increase is pending until approved by
4M3 Board that is scheduled to meet on 6/18!13.
Park System Development Char= 34 Fee adjusted 1.7"n based on the average of two indexes;the Rcaidential-rt Res.01_1.1 1'
Land Coats pmvided by Washington County,and the Statile Construction
Cost Index pro idcd by Iingincering Ncws Record.
Water System l2v lopment Chafe 38 Fee adjustment is tied to Seattle Ccxtstruction Cnat Index(CCD ORS 223.3(14(8) \
which is 4.1".as of May 21113. Ra.10.76
Paps 2 of 2
AIS-1226 8
Business Meeting
Meeting Date: 06/11/2013
Length (in minutes): 15 Minutes
Agenda Title: Public Hearing-Adopting the Budget,Making Appropriations,Declaring the Ad
Valorem Tax Levy,and Classifying the Levy As Provided
Prepared For: Liz Lutz Submitted By: Liz Lutz,
Financial and
Information
Services
Council
Business
Meeting-
Item Type: Public Hearing-Informational Meeting Type: Main
Public Hearing
Newspaper Legal Ad Required?: Yes
Public Hearing Publication
Date in Newspaper: 05/30/2013
Information
ISSUE
Oregon local budget law requires that a budget for the following fiscal year(FY)be adopted by the City Council prior
to July 1,after approval by the Budget Committee and after a public hearing has been held before the City Council
STAFF RECOMMENDATION/ACTION REQUEST
Staff recommends adoption of the Approved FY 2013-2014 budget,with any adjustments made by City Council.
KEY FACTS AND INFORMATION SUMMARY
The Tigard Budget Committee (comprised of the City Council and five citizens)held 3 meetings on the City Manager's
Proposed FY2013-2014 budget in April and May,2013.On May 6,2013,the Budget Committee approved the
Proposed Budget,with adjustments and forwarded the Approved Budget to the City Council for adoption.
Oregon Budget Law gives the governing body of the jurisdiction authority to make certain changes in the Approved
Budget prior to adoption.The City Council may adjust expenditures up or down as long as the increase in a fund does
not exceed 10%of that fund.The individual funds are shown on the Schedule of Appropriations attached to the
Resolution.
The total FY 2013-2014 City of Tigard Approved Budget is$227,460,218,including appropriations of$184,102,483
with the remaining$43,357,735 comprising the city's reserve for future expenditures.
Staff has included four recommended adjustments to the approved budget for Council to consider. None of the
adjustments exceeds 10%of any impacted fund. If the four adjustments are approved by Council,the FY 2013-2014
City of Tigard Adopted Budget will be$228,378,575,including appropriations of$185,020,840 with the remaining
$43,357,735 comprising the city's reserve for fixture expenditures.
OTHER ALTERNATIVES
Alternatives are limited by Oregon Law. Council can change the Approved Budget by up to 10%in any fund;however,
by Oregon Law,the FY 2013-214 budget must be adopted by the City Council prior to July 1,2013.
COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS
The Approved Budget includes funding necessary to move the council focus strategies ahead.
DATES OF PREVIOUS CONSIDERATION
Budget Committee dates: April 22,April 29,May 6,2013 as part of the Budget Committee meetings.
Fiscal Impact
Cost: 184,102,483
Budgeted(yes or no): NA
Where Budgeted(department/program):All
Additional Fiscal Notes:
The total FY 2013-2014 City of Tigard Approved Budget is$227,460,218,including appropriations of$184,102,483
with the remaining$43,460,218 comprising the city's reserve for future expenditures.
Staff has included four recommended adjustments to the approved budget for Council to consider. None of the
adjustments exceeds 10%of any impacted fund. If the four adjustments are approved by Council,the FY 2013-2014
City of Tigard Adopted Budget will be$228,317,018,including appropriations of$184,959,283 with the remaining
$43,357,735 comprising the city's reserve for future expenditures.
The attached Schedule of Appropriations displays the Approved Budget. Also attached are the four Technical
Adjustments recommended by staff.
Attachments
Resolution to Adopt City Budget
Schedule of Appropriations
Technical Adiustments
AGENDA ITEM No. 8 Date: June 11, 2013
PUBLIC HEARING
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify before City Council on:
CONSIDER A RESOLUTION ADOPTING THE
BUDGET, MAKING APPROPRIATIONS, DECLARING
THE AD VALOREM TAX LEVY, AND CLASSIFYING
THE LEVY AS PROVIDED BY ORS 312.060 (2)
Due to Time Constraints
City Council May Impose a
Time Limit on Testimony
AGENDA ITEM No. 8 Date: June 11, 2013
PLEASE PRINT
re
S eakin In Favor O onent—(Speaking Against) Neutral
ess&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Ll�G
i* L.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
AIS-1227
9.
Business Meering
Meeting Date: 06/11/2013
Length(in minutes): 5 Minutes
Agenda Title: Public Hearing-Adopting the City Center Development Agency Fiscal Year
2013-2014 Budget,Making Appropriations,and Imposing and Categorizing Taxes
Prepared For: Liz Lutz Submitted By: Liz Lutz,
Financial and
Information
Services
Council
Business
Meeting-
Item Type: Resolution Meeting Type: Main
Public Hearing
Newspaper Legal Ad Required?: Yes
Public Hearing Publication
Date in Newspaper: 05/30/2013
Information
ISSUE
Oregon local budget law requires that a budget for the following fiscal year(FY)be adopted by the City Center
Development Agency Board of Directors prior to July 1,after approval by the Budget Committee and after a public
hearing has been held before the City Center Development Agency Board of Directors.
STAFF RECOMMENDATION/ACTION REQUEST
Staff recommends adoption of the FY 2013-2014 budget as approved by the Budget Committee on May 6,2013,with
any adjustments made during the hearing.
KEY FACTS AND INFORMATION SUMMARY
The City Center Development Agency Budget Committee (comprised of the City Center Development Agency Board
of Directors and five citizens)reviewed the Executive Director's budget on April 22,2013 and April 29,2013.
The Budget Committee subsequently approved the Proposed Budget and forwarded the budget to the City Center
Development Agency Board of Directors for adoption.
Oregon Budget Law gives the governing body of the jurisdiction authority to make certain changes in the Approved
Budget prior to adoption.The City Center Development Agency Board of Directors may adjust expenditures up or
down as long as the increase in a fund does not exceed 10%of the fund total.
The total FY 2013-2014 City Center Development Agency Approved Budget is$1,573,388,including appropriations of
$907,000 with the remaining$666,388 comprising the agency's reserve for future expenditures. Staff has included one
recommended adjustment to the approved budget for the Board to consider. The adjustment does not exceed 10%of
the impacted fund. If the adjustment is approved by the Board,the FY 2013-2014 City Center Development Agency
Adopted Budget will be$1,608,388,including appropriations of$1,142,000 with the remaining$666,388 comprising the
agency's reserve for future expenditures.
OTHER ALTERNATIVES
i
By Oregon law,the FY 2013-2014 budget must be adopted by the City Center Development Agency Board of Directors
prior to July 1,2013.
COUNCIL OR CCDA GOALS,POLICIES,MASTER PLANS
NA
DATES OF PREVIOUS CONSIDERATION
April 22 and April 29,2013,as part of the Budget Committee meetings.
Fiscal Impact
Cost: 1,573,388
Budgeted (yes or no): NA
Where Budgeted (department/program):All
Additional Fiscal Notes:
The total FY 2013-2014 City Center Development Agency Approved Budget is$1,573,388,including appropriations
of$907,000 with the remaining$666,388 comprising the agency's reserve for future expenditures. Staff has included
one recommended adjustment to the approved budget for the Board to consider. The adjustment does not exceed
10%of the impacted fund. If the adjustment is approved by the Board,the FY 2013-2014 City Center Development
Agency Adopted Budget will be$1,608,388,including appropriations of$1,142,000 with the remaining$666,388
comprising the agency's reserve for future expenditures.
The attached Schedule of Appropriations displays the Approved Budget. Also attached is the Technical Adjustment
recommended by staff.
Attachments
Resolution to Adopt CCDA Budget
Schedule of Appropriations
Technical Adiustments to CCDA Budget
AGENDA ITEM No. 9 Date: June 11, 2013
PUBLIC HEARING
TESTIMONY
SIGN-UP SHEETS
Please sign on the following page(s) if you wish to testify
before the City Center Development Agency on:
CONSIDER A RESOLUTION ADOPTING
THE CITY CENTER DEVELOPMENT
AGENCY FISCAL YEAR 2014 BUDGET, WITH
ADJUSTMENTS, MAKING
APPROPRIATIONS, AND IMPOSING AND
CATEGORIZING TAXES
Due to Time Constraints
City Council May Impose a
Time Limit on Testimony
4
AGENDA ITEM No. 9 Date: June 11, 2013
PLEASE PRINT
Pro onent—(Speaking In Favor) Opponent—(Speaking Against) Neutral
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
1 �
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No.
AIS-1283 10.
Business Meeting
Meeting Date: 06/11/2013
Length(in minutes): 25 Minutes
Agenda Title: Parks Zone Project Briefing
Prepared For: John Floyd Submitted By: John Floyd,Community
Development
Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting-Main
Public Hearing: No Publication Date:
Information
ISSUE
Briefing to update Council on the creation of a new Parks Zone. Staff will present the purpose of the project and
requests feedback and direction from Council as appropriate.
STAFF RECOMMENDATION/ACTION REQUEST
Receive information and provide direction,if applicable.
KEY FACTS AND INFORMATION SUMMARY
The Parks Zone Project is intended to adopt specific development standards and approval criteria for publicly owned
parkland. The purpose of this project is to remove administrative barriers to the efficient development of existing and
future parks,while providing enhanced protections for neighboring residents and other parties who may be negatively
impacted by the activities therein. The vehicle for these administrative improvements would be the creation of a new
parks zone and associated chapter within the Tigard Community Development Code(Chapter 18).
At present there is not a specific zone for parkland within the city,resulting in the city's parkland being subject to a
patchwork of base zone regulations. Most of the city's zoning districts do allow public parks as a conditional use,
subject to approval by the Hearings Officer. The conditional use process is appropriate for certain types
of development that require elevated review and analysis on a case-by-case basis. This process is appropriate for certain
park improvements that can lead to neighborhood impacts,such as ballfields or event facilities. This same process can
also be administratively burdensome and time consuming for low-impact recreational improvements such as trails,small
parking facilities,and restrooms. A new parks zone will allow the City to assign a more appropriate level of review
based upon the potential impact to nearby residents and public facilities.
An appropriate level of public outreach is part of the project schedule. The Planning Commission will be briefed on
the project on June 17. Articles will appear in Cityscape and the planning listserv,and all owners living near an existing
or future park will be notified of the project and invited to comment on the proposed regulations. A project website
will serve as a point of information and a portal for people to submit comments or questions. Historical experience has
shown that the residents of Tigard care greatly not just about their parks,but how the parks can both positively and
negatively impact their quality of life. As such the project schedules public outreach throughout all phases of the work.
It should be noted that this chapter is not intended to supersede the City's sensitive lands regulations which apply to
much of the parkland within the city. Sensitive lands review will still be required for affected areas such as floodplains
or wetlands,consistent with regional,state,and federal requirements.
OTHER ALTERNATIVES
This presentation is intended as informational only.
COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS
n/a
DATES OF PREVIOUS COUNCIL CONSIDERATION
n/a
AIS-1284 11.
Business Meeting
Meeting Date: 06/11/2013
Length (in minutes): 15 Minutes
Agenda Title: Upcoming Development Code Update Projects Briefing
Prepared For: Tom McGuire Submitted By: Tom McGuire,Community
Development
Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting-Main
Public Hearing: No Publication Date:
Information
ISSUE
Community Development staff will brief the Council on several upcoming Tigard Development Code update projects.
STAFF RECOMMENDATION/ACTION REQUEST
KEY FACTS AND INFORMATION SUMMARY
The current version of the Tigard Development Code(IDC)has been in use since the 1990's.Many sections have
become out-of-date and do not reflect current planning practice or recent innovations in planning implementation.
Also,over time,sections have been added or amended and this often leads to inconsistencies in the code or unintended
conflicts with other code sections.These issues can cause confusion and delay for staff and applicants. Confusion and
delay drive up development and city processing costs. Complex and confusing code also lead to errors that may put the
City or the public at risk and further add costs and delay.
City staff hear from property owners,neighbors,and developers about their frustrations with the complexity of the
code. Staff are frustrated with outdated processes and procedures. In response,staff is continually looking for ways to
improve the internal administration of,and the public's understanding of the TDC.To that end,several specific code
update projects have been identified by staff,the Planning Commission,and the public for Council consideration in the
coming months and years. Specifically,a major update of the TDC administrative processes and procedures,an update
of the Signs and Nonconforming Use Chapter,and a complete overhaul of the Sensitive Lands Chapter.Additionally,in
the coming months we will need to adopt the newly revised and updated Washington County floodplain maps.
Included in the packet is a timeline for the major code revision projects.Staff will discuss the projects and the timeline
with Council at the June 11 briefing.
OTHER ALTERNATIVES
COUNCIL GOALS,POLICIES,APPROVED MASTER PLANS
DATES OF PREVIOUS COUNCIL CONSIDERATION
No previous Council dates on this issue.
Attachments
CD Code Work Pro-arm
Development Code Update Project Schedule(May,2013)
FY 13/14 FY 14/15
ProectName May i June July'13i Aug i Sept i Oct 1 ov • Dec Jan'141 Feb ' Mar I Apr I May • June July-Sept'14; Oct-Dec'13 Jan-Mar'15 Apr-June'15
Parks Base Zone
Housing Implementation Strategies
Adopt Washington Co.FEMA Maps
Code Administration and Procedures
Sensitive Lands
Signs or Nonconforming Situations