UNIVERSITY PLACE CITY COUNCIL Special Council ......2020/01/25 · 09:30 a.m. FINANCE UPDATE –...

Note: Times are approximate and subject to change.

UNIVERSITY PLACE CITY COUNCIL Special Council Meeting Agenda

Saturday, January 25, 2020, 7:30 a.m.

Fircrest Golf Club Pebble Beach Room

1500 Regents Boulevard Fircrest, WA 98466

07:30 a.m. BREAKFAST

08:00 a.m. CALL MEETING TO ORDER

MAYOR’S REMARKS ▪ Introduction of Michael Pendleton, Pendleton Consulting LLC

08:15 a.m. ASSIGNMENT OF COUNCIL ROLES ▪ Revisit Committee and Representative Assignments ▪ Council Subcommittee for Commission Interviews

08:30 a.m. COUNCIL RULES AND NORMS ▪ Council Excused Absences ▪ Quorums/Remote Participation ▪ Training/Conference Report Outs

09:20 a.m. BREAK

09:30 a.m. FINANCE UPDATE – Eric Faison

09:45 a.m. IMPACT OF I-976 ▪ Litigation Status – Matt Kaser ▪ Operations Impacts/Options – Gary Cooper ▪ Community Education and Outreach

10:30 a.m. COMMUNITY VISION SUB-COMMITTEE REPORT – Steve Worthington, Chair

BREAK

11:30 a.m. EVENTS, COMMUNICATION & FACILITIES USAGE POLICIES – Matt Kaser

12:30 p.m. LUNCH

01:00 p.m. PUBLIC SAFETY ▪ Policing Philosophy ▪ UPPD Organizational Chart ▪ UPPD Contract ▪ Calls for Service and Crimes Statistics ▪ Staffing and Operations Overview ▪ Public Safety Strategies

BREAK

EGenetia

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PUBLIC SAFETY (Continued) ▪ Public Safety Needs – Group Discussion

4:30 p.m. WRAP-UP ▪ Council and City Manager Comments ▪ Closing Remarks – Mayor

05:00 p.m. ADJOURNMENT

*PRELIMINARY CITY COUNCIL AGENDA

February 3, 2020 Regular Council Meeting

February 17, 2020

HOLIDAY - No Council Meeting

February 18, 2020 Regular Council Meeting

March 2, 2020

Regular Council Meeting

Preliminary City Council Agenda subject to change without notice* Complete Agendas will be available 24 hours prior to scheduled meeting.

To obtain Council Agendas, please visit www.cityofup.com.

American Disability Act (ADA) Accommodations Provided Upon Advance Request Call the City Clerk at 253-566-5656

K:\CCPackets\2020\01-25-20\Council Representatives & Assignments 2018-2019.docx

CITY OF UNIVERSITY PLACE COMMITTEES AND REPRESENTATIVES ASSIGNMENTS – 2018/2019

City Council Committees/Liaisons

Belleci

Figueroa

Grassi

Keel

McCluskey

Nye

Worthington

Legislative and Intergovernmental X* X X XX X X X Community Connector Program (16th CAB) X* X X XX X X X

Pierce County Cities & Towns X* X XX X X Pierce County Mayors & Executive XX X* Pierce County Regional Council XX X* XX X* Rainier Communications Commission XX Association of Washington Cities*** AWC Board of Directors AWC Legislative Committee

X X

Pierce Transit Board X* XX City Commission Interview Committee (2018 Assignment Only) X XX X

XX = Designates Chair or Lead Responsibility X* = Designates Alternate *** = Non-U.P. Assignment

Council Rules of Procedure

City Council Rules of Procedure/2019 Revision Page 1 Resolution No. 887

SECTION 1. GENERAL These rules constitute the official rules of procedure for the University Place City Council. In all decisions arising from points of order which are not covered by these rules, the Council shall be governed by the most current published edition of Robert’s Rules of Order, a copy of which is maintained in the office of the University Place City Clerk. The City Attorney shall decide all questions of interpretations of these rules and other questions of a parliamentary nature which may arise at the Council meeting. SECTION 2. ORGANIZATION

A. Swearing in of New Councilmembers. New Councilmember(s) shall be sworn in, according to the requirements of State law as they currently exist or may hereafter be amended. State law currently allows new Councilmembers to be sworn in (a) Up to ten days prior to the scheduled date of assuming office, including just prior to commencing the first meeting in which the newly elected Councilmember(s) will assume office; or (b) At the last Regular Meeting of the City Council held before the beginning of the year in which Councilmember-elect is to assume office. Under current State law, the oath may be administered and certified by “any officer or notary public who administers oaths, without charge therefore.” This includes but is not limited to, the City Clerk and any judicial officer.

B. Vacancies of Office. A vacancy of office will occur upon the death or resignation of the incumbent,

the incumbent ceasing to be a legally registered voter of the city, the incumbent’s conviction of a felony or other offense involving a violation of his or her official oath, and other events as set forth in RCW 42.12.010. If a vacancy should occur, the remaining members of the City Council shall appoint a qualified person to fill the vacant position pursuant to the provisions of 42.12.070 within ninety (90) days of the occurrence of the vacancy. Councilmember appointees under this section shall be sworn in prior to assuming their seat on the Council.

C. Election of Mayor and Mayor Pro Tem. The Mayor shall serve as the Presiding Officer of the Council. In the temporary absence of the Mayor, the Mayor Pro Tem shall perform the duties and responsibilities of the Mayor with regard to conduct of meetings and emergency business. The motion to elect the Mayor and the Mayor Pro Tem will be placed on the Agenda of the first regular City Council meeting in January following certification of the election and the Mayor and Mayor Pro Tem will serve in office for two (2) years. In the event the Mayor is unable to serve the remainder of the term, due to his or her removal from office as provided in RCW 42.12.010, or his or her resignation as Mayor or from the City Council, or upon his or her death, the Mayor Pro Tem shall serve as Mayor for the remainder of that term and a new Mayor Pro Tem shall be elected. In the event the Mayor Pro Tem is unable to serve the remainder of the term, a new Mayor Pro Tem shall be elected at the next Regular Meeting. 1. Nomination Procedure. No one Councilmember may nominate more than one person for a

given office until every member wishing to nominate a candidate has an opportunity to do so. Nominations do not require a second vote. The Chair will repeat each nomination until all nominations have been made. When it appears that no one else wishes to make any further nominations, the Chair will ask again for further nominations and if there are none, the Chair will declare the nominations closed. A motion to close the nominations is not necessary.

2. Voting Procedure. After nominations have been closed, voting for Mayor takes place in the

order nominations were made. Councilmembers will be asked for a raise of hands. As soon as one of the nominees receives a majority vote (four votes), then the Chair will declare the nominee elected. No votes will be taken on the remaining nominees. A tie vote results in a failed nomination. If none of the nominees receive a majority vote, the Chair will call for



nominations again and repeat the process until a single candidate receives a majority vote before the Office of Mayor Pro Tem is opened for nominations.

D. Quorum. At all Council meetings, a majority of the Council (four members) shall constitute a

quorum for the transaction of business.

E. Voting. The votes during all Council meetings shall be conducted as follows: 1. Unless otherwise provided for by statue, ordinance, or resolution, all votes shall be taken by

voice, except that at the request of any Councilmember, a random roll call vote may be taken by the Clerk. A vote by open ballot may be taken, pursuant to a two-thirds vote, without debate, of the full Council. The City Clerk will conduct the ballot vote, providing a ballot to each Councilmember, and announcing for the record each Councilmember’s vote.

2. In case of a tie on any motion, the motion shall be considered lost. 3. Each Councilmember shall vote on all questions put to the Council, unless a conflict of interest

or an appearance of fairness question under State law is present. Failure to vote shall be deemed to be an affirmative vote. Councilmembers may submit written comments for the record on an issue that will be voted on in their absence.

F. Attendance, Excused Absences.

1. Absences. Members of the Council may be excused from attending a City Council meeting by

contacting the Mayor prior to the meeting and stating the reason for his or her inability to attend. If the member is unable to contact the Mayor, the member shall contact the City Manager or Clerk, who shall convey the message to the Mayor. Following roll call, the Presiding Officer shall inform the Council of the member’s absence and inquire if there is a motion to excuse the member. This motion shall be non-debatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Clerk will make an appropriate notation in the minutes. Councilmembers who do not follow the above process, will be considered unexcused and it shall be so noted in the minutes. Councilmembers may participate in meetings by speaker phone. Participation will not constitute attendance and the Councilmember will not be able to vote via teleconference.

2. Late Arrivals. Members of the Council who anticipate a late arrival to a City Council meeting

should contact the Mayor prior to the meeting and state the reason for the expected late arrival. If the member is unable to contact the Mayor, the member shall contact the City Manager or Clerk, who shall convey the message to the Mayor. Councilmembers who do not follow the above process and are not in attendance at the time of roll call, will be considered as an unexcused tardy. Three unexcused tardies will constitute one unexcused absence. Councilmembers who are not in attendance within one hour of roll call, and have not followed the above process, will be considered as an unexcused absence. Arrival times of Councilmembers will be noted in the minutes.

3. Unexcused Absences. Pursuant to RCW 35A.12.060, a Council position shall become vacant

if the Councilmember fails to attend three consecutive regular meetings of the Council without being excused.

G. General Decorum.

1. While the Council is in session, the members must preserve order and decorum, and a member

shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disrupt any member while speaking, nor refuse to obey the orders of the Council or the Mayor, except as otherwise provided in these Rules. Members shall refrain from restating minority opinions on issues previously acted upon solely for the purpose of continued



debate. Councilmembers shall emphasize and encourage respectful behavior from everyone in attendance.

2. Any person making personal or slanderous remarks or who becomes disorderly while

addressing the Council or while in the Council Chamber while the Council is in session, shall be asked to leave by the Presiding Officer. To limit distractions, the Presiding Officer shall request any person participating in side conversation to abstain from conversing or to resume the conversation outside of the Council Chamber.

H. Confidentiality.

1. Councilmembers shall keep confidential all written materials and verbal information provided

to them during Executive Sessions, to ensure that the City’s position is not compromised. Confidentiality also includes information provided to Councilmembers outside of Executive Sessions when the information is considered to be exempt from disclosure under the Revised Code of Washington or under Public Disclosure Ordinance adopted by the Council.

2. If the Council, after Executive Session, has provided direction or consensus to City staff on

proposed terms and conditions for any confidential or privileged issue, all contact with any other party shall be made by the designated City staff representative handling the issue. Councilmembers should consult with the City Manager and/or City Attorney prior to discussing such information with anyone other than other Councilmembers, the City Attorney or City staff designated by the City Manager. Any Councilmember having any contact or discussion with any person other than those listed above on any such confidential or privileged issue shall make full disclosure to the City Manager and Council in a timely manner.

I. City Clerk. The Clerk or an authorized Deputy Clerk shall attend all Council meetings. If the Clerk

and the Deputy Clerk are absent from any Council meeting, the City Manager shall appoint a Clerk Pro Tempore for the meeting only.

J. Attendance of Officers or Employees. Any City officer or employee shall have the duty when

requested by the City Manager to attend Council meetings and shall remain for such time as the City Manager may direct.

SECTION 3. OFFICERS

A. Presiding Officers. The Mayor, or in his or her absence, the Mayor Pro Tem, shall be the Presiding Officer of the Council. In the absence of both the Mayor and Mayor Pro Tem, the Council shall appoint one of the members of the Council to act as a temporary Presiding Officer.

B. Presiding Officer’s Duties. It shall be the duty of the Presiding Officer to:

1. Call the meeting to order.

2. Keep the meeting to its order of business. 3. Control discussion in an orderly manner.

a. Every Councilmember who wishes an opportunity to speak must be recognized by the Chair.

b. Permit audience participation at the appropriate times. c. Require all speakers to speak to the question and to observe the rules of order.

4. State each motion before it is discussed and before it is voted upon.

5. Put motions to a vote and announce the outcome.



C. Presiding Officer, Question or Order. The Presiding Officer shall decide all questions of order, subject to the right of appeal to the Council by any member.

D. Presiding Officer, Participation. The Presiding Officer may at his or her discretion, call the Mayor

Pro Tem or, in his or her absence, any member to take the Chair so the Presiding Officer may make a motion or for other good cause yield the Chair.

E. Legislation. 1. The City Council adopts laws and regulations of the City by written ordinance, which after

passage shall be codified in the University Place Municipal Code.

2. The City Council approves agreements, and expresses its legislative policies and intent by written resolution, which after adoption, are retained in the files of the City Clerk.

3. Where appropriate circumstances exist as determined by a majority vote of the City Council,

the Council may approve agreements, and express its legislative policies and intent by oral or written motion, which after passage will be documented verbatim in the minutes of the Council meeting and retained in the files of the City Clerk.

4. When two or more Councilmembers may desire the preparation of an ordinance or resolution, they will provide notice of their request to the City Manager. Notice of the legislative proposal shall be filed with the City Clerk. A legislative proposal brought under this section shall be placed on an agenda within ninety (90) days of the City Clerk’s receipt of the proposal.

5. No legislation shall be prepared for presentation to the Council, unless requested by a majority of the Council, or requested by the City Manager or City Attorney. All legislation shall be prepared or reviewed by the City Attorney.

SECTION 4. DUTIES AND PRIVILEGES OF COUNCILMEMBERS

A. Forms of Address. The Mayor shall be addressed as “Mayor (surname),” “Your Honor,” or Mr./Madam Mayor. Members of the Council shall be addressed according to their preference as “Councilmember (surname),” “Councilor (surname),” or Mr./Mrs./Miss/Ms. (surname). First names shall not be used in the Council Chamber.

B. Seating Arrangement at Regular Meetings. The Mayor shall sit at the center of the Council, and

the Mayor Pro Tem shall sit at the left hand of the Mayor. The most recent former Mayor shall sit at the right hand of the Mayor. Other Councilmembers are to be seated in a manner acceptable to Council. If there is a dispute, seating shall be in position order.

C. Dissent and Protests. Any Councilmember shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefore entered in the minutes.

SECTION 5. COUNCIL COMMITTEES/APPOINTMENTS Council committees are policy review and discussion arms of the City Council. Committees may study issues and develop recommendations for consideration by the City Council. Committees may not take binding action on behalf of the City. The City may meet for study or special project purposes as a Committee of the Whole or may establish Council subcommittees with three or fewer members. Council Committee structure shall be as determined by the City Council in January of each year and may include:



A. Council Committee of the Whole – (Seven Councilmembers)

B. Council Committees – Standing Committees established for special purposes, tasks, or timeframes

(four or more Councilmembers)

C. Subcommittees of the City Council – Ad hoc and informal working or study group (three or fewer Councilmembers)

D. Councilmember Appointments – To task teams or City advisory boards, commissions and committees (three or fewer Councilmembers)

E. Liaison/Representative Appointments – To other advisory bodies or groups.

F. Finance Committee – The City Council shall meet as it deems necessary as a Finance Committee comprised of all City Council Members. The Finance Committee may be scheduled for any regular or special City Council meeting to review City finances. The Council shall elect a Finance Chair from among its membership to act as the presiding officer of the Finance Committee for a two-year term. Election of the Finance Chair shall occur at the same time, and through the same process, as is provided in these Rules for election of the Mayor and Mayor Pro Tem.

SECTION 6. MEETINGS

A. Regular Meetings. Regular meetings will occur as provided by resolution of the City Council.

B. Special Meetings. Special meetings may be scheduled in accordance with State law.

C. Emergency Meetings. If at any time there is a need for expedited action by the City Council to meet on emergency situation, the Mayor, or in the absence of the Mayor, the Mayor Pro Tem or any four members of the Council, may call an emergency meeting at a place and time as necessary, and the meeting shall be noticed and conducted in accordance with State law.

D. Adjournment. Regular and Special Council meetings shall adjourn at 9:00 p.m. The adjournment times established hereunder may be extended to a later time certain upon approval of a motion by a majority of the Council. During Regular and Special Meetings, any Councilmember may call for a “Point of Order” at 8:30 p.m. to review agenda priorities. After adjournment of Council meetings, City Hall will remain open for 15 minutes to allow for closing procedures. In the event that Council adjourns to Executive Session, staff will secure the equipment and leave City Hall open until the final adjournment.

E. Televised Meetings. Regular meetings, including Study Sessions held during Regular meetings, will be televised, and that the televising of any study session outside of the regular meetings will be approved by a super majority vote of the Council.

SECTION 7. COUNCIL ORDER OF BUSINESS The agenda format of the Regular City Council meeting shall be as follows except that if an agenda section contains no scheduled items, that section will be deleted from a particular agenda. 7.1 Call to Order The Mayor shall call the meeting to order. Councilmembers may request to be excused from a meeting for bona fide reasons, by requesting the same of the Mayor and so notifying the City Clerk.



7.2 Roll Call The City Clerk will call the roll. 7.3 Pledge of Allegiance Councilmembers and, at times, invited guests will lead the Pledge of Allegiance to the Flag. 7.4 Approval of the Agenda All items to be included on the Council's agenda for consideration should be submitted in full to the City Clerk by noon of the Tuesday preceding each regular Council meeting. The City Clerk and City Manager shall then prepare a proposed agenda according to the order of business, with consultation by the Mayor and Mayor Pro Tem. If either the Mayor or Mayor Pro Tem are not available during an agenda-setting meeting, an attempt should be made to have another Councilmember participate in the agenda-setting meeting as a substitute. A final agenda will then be prepared by the City Clerk and distributed to Councilmembers as the official agenda for the meeting. An item may be placed on a Council meeting agenda by any of the following methods: 1. Council consensus is defined to be general agreement as determined by the Mayor. 2. By the City Manager. 3. By the Mayor. 4. By any two (2) Councilmembers. During the meeting subject to the agenda, Councilmembers may by majority vote modify the agenda, including additions and deletions, to the extent allowed by law. Consideration and voting of any subject, legislation, or communication by the Council shall not ordinarily be placed under the Council Consideration section of the agenda, unless the subject, legislation, or communication has been reviewed by the full Council via Study Session at least one week prior to the date it is considered under the Council Consideration. The Council may, by majority vote, in approving the agenda, determine to consider a subject, legislation, or communication under Council Consideration without prior Study Session review. Legally required advertised public hearings will have a higher priority over other agenda items scheduled for convenience rather than for statutory or other reasons. Agenda items that are continued from one meeting to another will have preference on the agenda to the extent possible. 7.5 Proclamations and Presentations A proclamation is defined as an official announcement made by the Mayor or the City Council. City Council Proclamations are made for the purpose of recognition of an individual, group or event. City Council Proclamations shall be publicly read at a City Council meeting and presented to a representative(s) of the event during the Council meeting. A presentation is defined as an official report presented by an individual(s) and/ or special interest group at a City Council meeting. This may also include specific items brought forward at the request of the City Manager in order to properly brief the City Council and public about City business and/or matters of public concern.



7.6 Public Comments Members of the audience may comment on items relating to any matter related to City business under the "Public Comments" period. Comments are limited to three (3) minutes per person. The Mayor shall determine the overall amount of time set for "Public Comments." Public comments sign-up forms will be available at the City Clerk's desk at each meeting for use by those citizens wishing to address the Council. The City Clerk shall serve as timekeeper. In addressing the Council, each person should stand, and after recognition, move to the podium, give his/her name and address, and unless further time is given by the presiding officer, shall limit his/her comments to three minutes. All remarks shall be made to the Council as a body and not to any individual member. No person shall be permitted to enter into any discussion from the floor without first being recognized by the presiding officer. The public is also invited to provide written comment on any legislative matter. Such written comments are encouraged to be filed with the City Clerk by the close of business of on the Tuesday preceding a Regular Council Meeting. 7.7 Consent Agenda Approval of the Consent Agenda is considered to be routine and noncontroversial, and it may be approved by a majority vote after a motion and a second. Items on the Consent Agenda include but are not limited to the following: A. Approval of minutes. B. Fixing dates for public hearings, when such is required by law. C. Fixing dates for hearings on appeals. D. Approval of claims and vouchers, bid awards and contracts. E. Approval of final plats. F. Passage of resolutions and/or ordinances which the City Council has given direction to place on the consent agenda. G. Items Filed in the Office of the City Clerk (minutes and/or reports of Committees, Boards and Commissions). H. Appointments of individuals to committees, boards and commissions. I. Other items designated by the City Council. Any Councilmember may remove any item from the Consent Agenda for separate discussion and action. 7.8 Public Hearings and Appeals Public hearings shall be held as required by law and shall follow the legally proscribed process. Public hearings may also be held at the request of the Council even though not legally required. In such instance, the process shall be as proscribed for that hearing by Council. 7.9 Council Consideration Motions and other business of a general nature shall be set for action during this section of the agenda. Unless a majority of the Council votes otherwise, final consideration of any legislation shall include comments from members of the public. Comments will be limited to three (3) minutes from individuals or from persons speaking as a representative of an organization, club, or group. The Presiding Officer may allow additional time for receipt of written testimony, when needed



7.10 Reports by the City Manager The City Manager may update Councilmembers on current issues or items of Council interest. 7.11 City Council Comments The Mayor and Councilmembers may take this opportunity to make comments, extend compliments, express concerns, report to the Council as Board, Committee and Commission liaisons, or make announcements concerning any topic they wish to share. 7.12 Study Sessions Study Sessions will be informal in nature and for the purpose of discussing, investigating, reviewing or studying matters of City business with City staff for informational purposes. In addition, individuals may petition to appear on the agenda of a future Study Session to address the Council on specific issues or requests. Such petitions should be directed to the City Clerk or the City Manager for scheduling on a future Study Session agenda as time allows. 7.13 Adjournment Recess. The foregoing agenda may be interrupted for a stated time as called by the Presiding Officer to recess for any reason, including executive sessions.

SECTION 8. EFFECT/WAIVER OF RULES In the intent of the City Council is that Council procedures be periodically reviewed as needed, but no less than every two years. Accordingly, Council procedures shall be considered in the month of January of every even-numbered year and may be considered at any other time that Council shall choose to review them. These rules of procedure are adopted for the sole benefit of the members of the City Council to assist in the orderly conduct of Council business. These rules of procedure do not grant rights or privileges to members of the public or third parties. Failure of the City Council to adhere to these rules shall not result in any liability to the City, its officers, agents, and employees, nor shall failure to adhere to these rules result in invalidation of any Council act. The City Council may, by two-thirds vote of those members present and voting, determine to temporarily waive any of the provisions herein. A two-thirds vote is five of seven votes, four of six votes, four of five votes, and three of four votes.

Memo

University Place City Hall 3609 Market Place West, Suite 200 Tel 253.566.5656 University Place, WA 98466-4488 Fax 253.566.5658 www.CityofUP.com

DATE: January 25, 2020

TO: City Council

FROM: Matt Kaser, City Attorney

SUBJECT: Events, Communication & Facilities Usage Policies

As part of the Winter 2020 Council Retreat, Council will be conducting a discussion and review of the City’s Events, Communications & Facilities Usage Policies. To facilitate an informed discussion, the following policies are attached:

* Resolution 390 (April 2003): the City’s facility rental policy

* Resolution 590 (July 2008) pertaining to Limited Public Forums

* The joint City-Pierce Co. Library System atrium Policies and Procedures.

Although it has lapsed by its own terms, also attached is Resolution 751, the City’s delineation of events in 2014. This is the last year in which the City Council passed an events resolution.

In addition, there are several relevant municipal code and constitutional provisions which will be referenced. For convenience, they are attached on the following page.

Memo

University Place City Hall 3609 Market Place West, Suite 200 Tel 253.566.5656 University Place, WA 98466-4488 Fax 253.566.5658 www.CityofUP.com

Excerpts of Relevant Constitutional and Municipal Code Provisions

U.S. Constitution, First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Washington Constitution, Article I, Section 12

SPECIAL PRIVILEGES AND IMMUNITIES PROHIBITED. No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.

Washington Constitution, Article VIII, Section 7

CREDIT NOT TO BE LOANED. No county, city, town or other municipal corporation shall hereafter give any money, or property, or loan its money, or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation.

University Place Municipal Code Section 15.05.080

PARK FACILITY RENTAL AND RESERVATIONS. The Director may designate certain park areas that may be rented or reserved on a first come, first served basis. Any rental fees shall be adopted by City Council resolution. The Director may adopt reasonable policies and procedures for the rental and reservation of park areas and reasonable rules for the use of any rented or reserved facilities based on the particular uses of certain parks. The Director may impose reasonable conditions upon any rental or reservation as are necessary to ensure adherence to the standards set forth for permits at UPMC 15.05.090.

University Place Municipal Code Section 15.05.090

Permits. A. Special Event Permit. Any person desiring to use park facilities for a designated period of time or for a specific purpose or event shall obtain a special event permit for such use if, based upon the type of event, number of participants, or other unusual conditions, such use may negatively impact other park visitors or conflict with normal park usage. Such special event permit shall be issued by the City, in accordance with the provisions of Chapter 5.10 UPMC. …

RESOLUTION NO. 390

A RESOLUTION OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING THE CITY'S FACILITY RENTAL POLICY.

WHEREAS, the City Council adopted amended Fees and Charges for Senior/Community Center Rentals; and

WHEREAS, the City has established policies and procedures for the rental of public facilities, including the Senior/ Community Center; and

WHEREAS, the City Council has amended the user groups categories; and

WHEREAS, the City wishes to recover its full costs associated with facility rentals; NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF UNIVERSITY PLACE AS FOLLOWS:

Section 1. Facility Rental Policy amended. The Facility Rental Policy is amended as shown in Attachment A to this resolution.

Section 2. Effective Date. This resolution shall take effect immediately

ADOPTED BY THE CITY COUNCIL APRIL 21, 2003.

JearrB~~~ks, Mayor

ATTEST:

M:\RES\2003\Senior Community Cemer Fees.doc

Exhibit A

CITY OF UNIVERSITY PLACE POLICIES & PROCEDURES

TITLE: POLICY MANUAL SECTION & NO. Facility Rental Polic1· 05.03

APROVED BY CITY MGR REVISES OR SUPERSEDES EFFECTIVE DATE: 05.03, 11-15-99, 3-27-00, 8-14-00, 7-16-01, 9-17-01, 05-01-02, 01-01-03

1. PURPOSE

This policy is intended to establish equitable rental and usage of the City of University Place facilities. The purpose of this policy is to broaden public participation in civic and community affairs within the city of University Place. The City Council finds that there are an inadequate number of meeting rooms privately available for rental by members of the public, nonprofit, and social organizations and that the public interest in developing a sense of community is best served by utilizing City facilities for these purposes.

2. DEFINITIONS

Applicant: Must be at least 18 years of age, unless alcohol is being served or consumed, then the applicant must be 21 years or older.

Community: Meetings, gatherings, or activities of youth or non-profit organizations that directly benefit the. University Place community that will not be charging admission or soliciting donations during the rental.

Category I User - Senior/Community Center: Includes J*!Jfit, social and l.~mlraisiAg community activities and may require City Staff to be in attendance during rental.

Category II User - Senior/Community Center: Includes government (except the University Place Fire District or University Place School District), city related, community, and City Departments and does not require City Staff to be in attendance during rental.

Category I User - Town Hall Room: Includes resident profit and non-profit activities and requires City Staff to be in attendance during rental.

Category II User - Town Hall Room: Includes non-resident, non-profit activities and require City Staff to be in attendance during rental.

Category Ill User - Town Hall Room: Includes non-resident, profit activities and require City Staff to be in attendance during rental.

Category IV User - Town Hall Room: Includes government activities, except those of the University Place Fire District or University Place School District, and require City Staff to be in attendance during rental.

City-related groups: Activities including programs and meetings sponsored or implemented by the City of University Place Departments or Divisions, including but not limited to, park and recreation activities and programs and city sponsored meetings.

Clean up: The activity involving sweeping, mopping, and vacuuming (if necessary), putting away tables and chairs, and disposing of garbage. Applicant will be responsible for cleaning and leaving facility/building in the condition received.

Damage/Cleaning Deposit: An amount paid in advance of an event to insure proper clean up and to cover breakage, loss or damage.

05.03-p.l

Fundraising: Activities that directly or indirectly relate to fundraising for political candidates, community and non-profit groups. This is applicable for groups having public events (except city sponsored programs) which charge admission or solicit donations.

Non-resident: The applicant, individual, group, or organization which does not reside within the University Place city limits, nor directly benefits the immediate University Place community.

Profit: Activities that include private individuals, groups or organizations that will be selling goods and/or services or conducting classes, clinics or sessions, etc. for profit.

Rental Fee: The fee charged for use of a city facility as designated in Attachment A -Categories Usage Time Priorities and Fees Schedule and Attachment B - Town Hall Room Fee Schedule. Rentals exceeding the scheduled time will be charged in 30- minute increments, a two-hour minimum is required for usage of the Town Hall Room for category I.

Resident: The applicant, individual, who resides within the University Place city limits, groups or organizations, which directly benefit the University Place community and any individual who owns a business licensed within the City of University Place.

Set-up: This activity includes arranging tables, chairs, equipment and decorations and is the responsibility of the applicant.

Security: Security personnel provided by Pierce County Sheriff department or private security business.

Social Groups: Private individuals, groups or organizations having activities including, but not limited to, receptions, banquets, parties and dances. Includes all events in which alcohol is served or consumed.

Youth Fundraiser: Individuals, groups or organizations that will be using the facility for fundraising activities which directly benefit the youth of the University Place community.

3. POLICY

A. All use is to be in accordance with the following policies.

B. The purpose of the City of University Place is to provide multi-use facilities for meetings and activities that are recreational, social, civic or commercial in nature.

C. The City facilities belong to the citizens of the city of University Place and are available for their use and enjoyment, and are also available to non-residents. The City does not discriminate on the basis of race, creed, color, national origin, religion, gender, marital status, age, sexual orientation, political affiliation, sensory, mental or physical disability. Any persons or group using the facilities shall not exclude any persons from their activities in the center on the basis of this non-discriminatory policy.

D. Permission to use the facilities does not constitute an endorsement of a group's philosophies, policies or beliefs.

E. The City Manager or the Manager's designated representative shall make any necessary interpretation of any City of University Place Policy.

F. The City Council establishes all fees related to City facilities usage by Resolution. The City Manager has the authority to amend the categories, usage time priorities and fees described in the Appendix A Schedule.

G. The City reserves the right to make any changes to these policies at any time.

4. PROCEDURES

A. Any person or group wanting to use City facilities shall make application for facility rental on forms provided by the City of University Place. Additional information may be required. Applications are available at the

05.03-p.2

Senior/Community Center, at the Parks and Recreation Office, and from the Receptionist at University Place City Hall.

B. All scheduling of the Senior/Community Center building at 2534 Grandview Dr. West, University Place will be done through the city of University Place Park and Recreation Division office in the building.

C. All scheduling of the Town Hall Room located at City Hall in Windmill Village, 3715 Bridgeport Way W., University Place, will be done through the Management Services Department.

D. Reservations for private use may be made a maximum of twelve (12) months prior to the desired date, and must be made by written application. No formal reservations will be accepted by phone.

E. Use of the Senior/Community Center and assessment of fees will be approved in writing by the Parks and Recreation Manager or the Manager's designated representative.

F. Use of the Town Hall Room and assessment of fees will be approved in writing by the Management Services Director or the Management Services Director's designated representative.

G. Rental application may be revoked for violation of policies. Rental application shall not be assigned or sublet.

5. GENERAL REGULATIONS

Reservations

A. Use of the facility will be limited to persons or groups who are legally willing and financially capable of accepting responsibility for the meeting or activity, the structure and contents of the activity. The City reserves the right to require forms, applications and documents as may be necessary to protect the Community's investment in its facilities. Meetings or activities shall be conducted in an orderly manner. The applicant shall be financially responsible for personal injuries or property damages arising from the meetings or activities.

B. Reservations for private use may be made up to twelve (12) months in advance of the activity. However, to encourage use of the facilities by a wide range of organizations and agencies, the City expressly reserves the right to refuse to rent the facilities at any time. In addition, the City has first priority in scheduling the use of Cityowned facilities, and the University Place School District has second priority use. However, the School District may not preempt the use of a City facility by another renter if that renter has already reserved and paid for the rental of the City -owned facility. No group, except for the City and School District, shall be allowed to monopolize the use of the facilities.

C. A reservation will be confirmed as booked by a designated City representative upon the arrival of the Rental Application and full payment of the rental fee. The applicant shall not advertise its use of any city facility until the reservation is confirmed.

D. Unless written approval has been granted, no group using City facilities will be allowed to use the city logo or imply in any way that the City is a sponsor/co-sponsor of the event or activity.

E. Applicant shall provide the City with copies of all required permits and insurance coverage, when required, no less than fifteen (15) days in advance of the rental date(s). Failure to obtain required permits and insurance is grounds for forfeiture of the rental fee.

F. Ongoing, regularly scheduled meetings will be considered but will not be allowed to monopolize the lime available for rental use.

Deposits

A. Category I user groups renting the Senior/Community Center are required to pay a damage/cleaning deposit of $200 at least fifteen (15) days prior to an event to insure proper cleanup, and to cover breakage, loss or damage.

05.03-p.3

B. Category II user groups renting the Senior/Community Center are not required to pay a deposit, but are still , . financially responsible for damage or cleaning charges.

C. User groups renting the Town Hall Room are required to pay a damage/cleaning deposit of $250 at the time of rental application to insure proper cleaning, and to cover breakage, loss or damage.

D. An additional deposit of $150.00 will be required to be paid by any user group if alcohol will be served or consumed, in addition to the rental fee and damage/cleaning deposit.

E. The applicant shall be required to pay the full cost of breakage, damage or loss (over and above deposited funds) regardless of amount. If damage occurs and is less than the amount of deposit, the balance shall be refunded with a copy of the invoice for damages. Up to a 15 percent (15%) administrative charge may be added to actual expenses. In addition, a $20 per hour per staff person fee will be charged against the deposit for repairs or additional cleaning that is required as a result of an event.

F. All deposits will be refunded if reservations are not cancelled, proper cleanup is completed and no breakage or damage to the grounds, facility, or equipment occurred.

G. The City of University Place staff on duty shall determine proper cleanup.

Damage/Cleaning Deposit

The damage/cleaning deposit is due no later than fifteen (15) days in advance of the rental date. Otherwise, the reservation will be cancelled. The City of University Place, whether paid by check or cash, will deposit the damage/cleaning deposit. Returnable portion of damage/cleaning deposit will be refunded by check approximately two weeks following the rental, provided no damage repair is necessary. If damage repair work is to be completed, the deposit will not be processed until all work is completed and an invoice available.

Fee Payment

A. The full amount of Rental fees for the Senior/Community Center shall be paid at the Senior/ Community Center in order for the Rental application to be considered. The damage/cleaning deposit is required a minimum of fifteen (15) days prior to the rental date.

B. The full amount of the rental fees for the Town Hall Room shall be paid at City Hall in order for the rental application to be considered. The damage/cleaning deposit is required a minimum of fifteen (15) days prior to the rental date.

Multiple Date Reservations

Application for Category I facility rental of more than one date "will require one damage/cleaning deposit. This deposit will be held for the term of the rental usage.

Notice of Cancellation

A. A request for cancellation of facility rental must be received in writing.

B. When notice is received sixty-one (61) or more days prior to the scheduled rental date, a full rental fee, less an administrative fee of $25.00 will be refunded. When notice is received sixty (60) to thirty (30) days prior to the scheduled rental date, one half of the rental fee, less an administrative fee of $50.00 will be refunded. No refund will be made when notice of cancellation is received thirty (30) or less prior to the rental date.

C. If a subsequent rental occurs during the cancelled time frame, the initial renter will be refunded the hourly rate paid by the new entity renting the facility less an administrative fee of $25.00.

D. The City shall not be responsible for any damages of whatever nature or kind, relative to the cancellation of the event.

05.03-p.4

Facilities

A. Facilities and equipment shall be left in the condition that was present prior to the rental, and is deemed acceptable to city staff on duty.

B. Users of the facilities shall observe, and comply with all applicable City, County, State, and Federal Laws, rules and regulations.

Damage

A. Users of City facilities are financially responsible for any damage to property or loss of property. A fee equal to the total replacement cost will be charged. Up to a 15 percent (15)) administrative charge may be added to actual expenses. In addition, a $20 per hour staff person fee will be charged against the deposit for repairs or additional cleaning that is required as a result of an event.

B. Payment for damage shall be deducted from the damage deposit refund. If the cost of the damage is more than the deposit, the user will be assessed the additional amount. Failure to pay the additional amount bars the applicant from any further use of the facility.

Liability

The applicant agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands losses, actions and liabilities, (including costs and all attorney fees), to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by negligent acts, errors or omissions of the applicant, or by the Applicants breach of this agreement.

Insurance

A. The City shall require the applicant to carry a policy naming the City of University Place as an additional insured at amounts required by the University Place Risk Manager.

B. A certificate of insurance must be provided for Risk Manager review and approval upon submission of the rental application.

Staffing

The City shall require a City staff member be in attendance at all activities held at City Hall.

When an activity condition warrants the presence of one or more certified security personnel, the cost of this service shall be borne by the applicant sponsoring the activity.

Fire Permit

When the activity or program within the facility exceeds the occupancy load, a fire permit from Pierce County Fire District 3 will be required. Proof of fire permit must be provided to the City of University Place at least fifteen (15) days prior to the event.

Groups composed of minors shall be supervised by one adult (18 years of age or older) per 20 juveniles at all times while using City facilities. The application for use of the facility must be made by the adult who will be responsible for and in attendance at the activity.

Decoration

A. Any decorating or other alterations to the existing facilities will be subject to prior approval the City of University Place. No objects are to be suspended or attached to ceilings, walls, or windows without prior approval.

05.03-p.5

B. Use of any open flame or non-fireproof materials is, as a general rule, not permissible in any public building. Prior clearance must be granted in writing from the City of University Place.

No objects are to be attached to floors by any method, and no materials are to be applied to floors without prior approval.

Smoking

No smoking of any kind is permitted inside, or within 1 O feet of, City building entrances.

Cleanup

Facilities and equipment, both inside and outside the building, shall be left in the same condition as found prior to the activity, excluding sanitation of the restrooms. The cost of any additional cleaning will be added to the user's bill or deducted from the deposit. All cleaning must be done immediately after the event.

Amplified Sound

Any activity that will utilize amplified sound such as music, band performances, karoke, stereos with speakers or any microphones may require city staff (at an hourly rate established by the City dependent upon the staff members current salary level) shall comply with the noise ordinance.

6. FOOD AND BEVERAGE REGULATIONS

Alcohol

Use of alcoholic beverages must be requested at the time the facility use application is made. A Washington State Liquor Control Board Banquet Permit must be obtained. The City reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law, City Ordinance and City of University Place policy.

A. No alcoholic beverage shall be served to any person under 21 years of age.

B. No alcohol will be served or consumed during any city-sponsored activity or program.

C. City staff will be required for any facility usage when alcohol will be served or consumed.

D. Injuries caused to or by any person as a result of alcoholic beverages being served or consumed on the City's property, or arising off the City property, or as a result of alcohol being available on city property shall be the sole responsibility of the applicant, its sponsor and /or adult representative.

E. The applicant shall remove all beverages and beverage containers from the facility immediately following the approved function.

F. Any activity where alcohol beverages shall be permitted requires an additional refundable deposit of $150.00 due at the time of rental application.

G. The distribution or consumption of alcoholic beverages shall be in compliance with all applicable laws, including regulations of the Liquor Control Board. Any applicant using the City premises shall be solely responsible for obtaining all required permits or licenses relating to the distribution and consumption of alcoholic beverages on the premises. The city shall have no responsibility in this regard.

H. Evidence of required permits, licenses, or insurance must be provided to University Place staff at the time of rental application.

05.03-p.6

A. Groups or individuals serving meals shall meet all Washington State and Pierce County Health Code regulations (e.g. food handler permit).

B. If an applicant wishes to have a catered function, a City approved licensed caterer must be used. A list of approved caterers will be provided upon request (if a caterer is not on the list, they may be added if willing and able to comply with City requirements). Menus and prices will be arranged between the caterer and the applicant.

C. The type of food preparation may be restricted due to kitchen equipment available. Kitchen facilities should be toured in advance of holding an event. Menus need to be reviewed with the Senior/Community Center Supervisor, or designee, or the Management Services Director, or designee, at the time of application.

D. In accordance with the Pierce County Sewer and Wastewater Regulations no cooking or baking devices using an excessive amount of grease may be used in the facility, including but not limited to woks and deep fryers.

E. All grease must be properly disposed of in a garbage container. Users are required to wipe down all surfaces that have been in contact with fats, oils or greases (cooking surfaces, plates and utensils) with paper towels before washing.

7. VOLUNTEER RENTAL POINTS

Because of the City's policy of encouraging public participation in community and civic affairs which benefit the residents of the City of University Place, a policy allowing public involvement to be a partial consideration for rental of City facilities is expressly declared by the City Council to be in the best interest of the community. Therefore, Town Hall Room Category I users may earn volunteer points towards the rental of the Town Hall Meeting Room. Rental points may be earned through pre-approved, City-sanctioned volunteer services, and points may be applied to the hourly rental rate of the Town Hall Room in lieu of monetary payment. However, volunteer rental points may not be applied toward the deposit, insurance, cost of staff presence (if necessary), or clean-up costs incurred by the City. The Town Hall Volunteer Rental Point System is established as follows:

30 points = 1 Hour of Town Hall Meeting Room Rental, with kitchen.

Volunteer Activities earn rental points according to the following table:

VOLUNTEER ACTIVITY POINTS EARNED PER HOUR, PER PERSON Litter Removal . 8 Brush Clearina/Landscaoina 8 lnstallina Park & Plavnround Eauioment 8 Orchard Maintenance 8 Clerical Work ·. . . 8 Citv Youth Activities Ccoachina, chaoeronina, etc.) 8 Caroentrv, Paintino, Electrical, Plumbino . 10 Historical Preservation 10 Donation of Materials for Holiday Tree One-half of the Retail Value Shall be Lighting & Volunteer Appreciation Events Directly Applied to the Rental Rate. Other As Approved in Advance by

The City Manager or his/her Designee.

The following restrictions apply to the Town Hall Volunteer Rental Point System: 1. Only Town Hall Category I Users, as teams or organizations (not individuals), may earn points. 2. The volunteer activities listed above must directly benefit the City. For example, litter pickup would have to be

performed on City-owned property. Work for the School District, Pierce County, the State, churches, or civic organizations would not earn points.

05.03-p.7

" . .

3.

4. 5 .

6.

7.

To earn points for any of the activities listed above, prior written City approval is required. Volunteer teams or groups who wish to earn points must first complete the Town Hall Volunteer Rental Points Application and have it approved, in writing, by the Management Services Department. Points must be earned before points can be applied towards the rental of the Town Hall Room. Points may not be applied towards the actual City costs of staff presence (if necessary), janitorial cleanup (if necessary), or the damage/cleaning deposit. Each team or organization may not earn more than 400 points per calendar year, and points must be used no later than twelve months after they are earned. With the exception of the City Holiday Tree Lighting Ceremony and the City Volunteer Appreciation Banquet, donating material goods does not earn rental points. As for the Holiday Tree Lighting Ceremony and Volunteer Appreciation Banquet, material donations must be approved in advance by the City, and donors may apply onehalf of the retail value directly to the hourly rental rate. The Management Services Department, if they are to be applied to the hourly rental rate, must approve such donations, in writing.

8. All teams and organizations that earn rental points must abide by the rules outlined in this City's Facility Rental Policy. Deposit, insurance, alcohol, and all other requirements in the policy still apply.

05.03-p.8

I. User Groups/Categories

SCHEDULE 'A'

Senior/Community Center Facility Rental Policy Categories, Usage Time Priorities and Fees Schedule

Category I - Includes the user groups of '4efit, Social and F~mlraising Community and requires city staff to be in attendance during rental. Two (2) hour rental minimum required.

Category II - Includes user groups of City recreation programs, Government (except the University Place Fire District or University Place School District), Community, and City departments and do not require city staff to be in attendance during rental. One hour rental minimum required.

II. Facility Usage Time There are three primary facility usage times available for rental and use besides the City of University Place Park and Recreation Senior programs scheduled Monday - Friday, 9:00am - 2:00pm. There are classified as Prime, Non-Prime and Program times and are illustrated in the following chart.

7:00am 8:00 9:00 10:00 11 :00 Noon 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00

Programmed Time Monday - Friday

Non-Prime Time Monday - Thursday Sunday

Prime Time Friday Saturday

7:00 a.m. - 5:00 p.m.

5:00 p.m. - 11 :00 p.m. 7:00 a.m. - 11 :00 p.m.

5:00 p.m. - 1 :00 a.m. 7:00 a.m. - 1 :00 a.m.

05.03-p.9

Ill. Scheduling Priorities In order to have a balanced and equitable rental usage, the following scheduling priorities have been established .

.

·. Groun . . .

PdmeTime .· Non'Prime Tiine · .

Category I Profit '!st 2~

Social · .. 1st 2"" ·.· . ... .

.. r .. _ • -1-st 2-

CategoryU .· Recreation Proarams . .

2nd ''' '·'. '' 1st ITuesdav and Thursdavl ..

Communitv I Government 2nd 1st fMondav and Wednesdav\ City Department .

3rd 3'" ... ·.· ·.· . . .

IV. Rental Fees The following are the different user groups with related rental fees. There are non-resident and resident rates based upon the residency of the applicant.

·.Group .· .. . . Fee (Hourly) .·

Category I ... · .

Non-Resident Resident .. .

. . .

Profit $!l:i!.QQ $7UiQ Social ·. ·.· · ...

$87.8G . "'40.00 . $§Q.OO. !1:35.00 . · .. r . ..

$87.8G $8G.QQ ¥<:nJIR i;'.biRElFaisaF .. $14.8G $12.8G

Category II Recreation Programs N/A $ 5.50

Communitv/ Government $W,OO !1:25.00 . $28.QQ !1:20.00 City Departments N/A $0

05.03-p.10

Sunda 7:00a.m. B:OOa.m. 9:00 a.m. 10:00 a.m. 11:00 a.m. 12:00 noon 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00

ht

SCHEDULE 'B'

Town Hall Room Facility Rental Policy Usage Time and Fees Schedule

Usage Time

Friday

(Set-up prior to 5:00 p.m. should be coordinated with City Hall stall.)

Saturday

.. Weekday rentals (days & evenings) may be authorized on a space available basis by the Administrative Services Director so long as such use does not conflict with City uses.

CATEGORY I* and IV Resident: Profit/Non-Profit And Government** $60.00 Per Hour Daily Rate: $540.00

Fees Schedule

2 Hour Minimum Rental (Kitchen Included)

· CATEGORY II CATEGORY Ill Non-Resident: Non-Resident: Non-Profit Profit $70.00 Per Hour $75.00 Per Hour Daily Rate: $630.00 Dailv Rate: $675.00

At the discretion of staff, repeat renters who have proven themselves trustworthy may, after training from stall, rent Town Hall without the presence of Rental Attendants at a $1 O discounted price.

*Town Hall Category I users, as teams or organizations (not as individuals), may apply earned volunteer rental points in lieu of paying the hourly rate. See the Facility Rental Policy for more details.

** The University Place School District and The University Place Fire Department will be charged the same rate as they charge the City for the use of their facilities.

05.03-p.ll

RESOLUTION NO. 590

A RESOLUTION OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING THE LIMITED PUBLIC FORUM POLICY TO AMEND CRITERIA FOR CITY PARTNERS

WHEREAS, the City's Limited Public Forums policy allows for limited use of the City's limited public forums (webpage, UPTV, newsletter, etc) to those groups designated by the City Council as a City Partner; and

WHEREAS, in the policy, City Partners have previously been defined, partially, as a group to whom the City provides financial contributions or in-kind services; and

WHEREAS, the City Council has separately adopted a grants policy to set forth a fair and equitable process to determine how future financial contributions will be allocated that takes into consideration whether the group is a City Partner; and

WHEREAS, the City wishes to clarify the language of its Limited Public Forum policy to distinguish the criteria, so that it does not overlap with the grant policy.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AS FOLLOWS:

Section 1. Amend Limited Public Forum Policy . City Council hereby resolves to amend the Limited Public Policy substantially as attached hereto as Exhibit A and incorporated by this reference and direct the City Manager to do all things necessary to make the amendment effective.

Section 2. Effective Date. This resolution shall take effect immediately upon its adoption.

ADOPTED BY THE CITY COUNCIL JULY 14, 2008.

ATTEST:

Genetia, City Clerk

M:/RES/20081590-Limited Forum Public Policy Criteria Amendment

EXHIBIT A

City of University Place Policies & Procedures Section: 05.06 Limited Public Forums

1.PURPOSE This document establishes policies and procedures for use of public media and facilities that may include. but is not limited to the City Business Directory. City Newsletter, City Web Page, Web Page Links, Web Page Events Calendar, Adopt a StreeUPark Program, City Hall Bulletin Board, UPlV (television), and Public Display Areas. It is the City's intent to use these types of media and public facilities to better inform the community on City issues and topics of interest to the community. It is also the City's intent to clarify the allowed levels of usage of these media and facilities for groups as the City deems necessary with categories such as: Official City and City Appointed Organizations, Other Governments Serving University Place, City Partners, General Community Groups, and For Profit-Business Associations. The City reserves the right to establish further guidelines, policies and procedures at its discretion and reserves the right to amend this policy at any time.

2. DEFINITIONS

Public Forum: In the Ninth Circuit, traditional public forums are described as those places "which by long tradition or by government fiat have been devoted to assembly and debate." In the Ninth Circuit this category includes public streets and parks.

Designated Public Forum: A designated Public Forum exists where "the government intentionally opens up a nontraditional forum for public discourse."

Limited Public Forum: Sub-category of a designated public forum that "refers to a type of non-public forum that the government has intentionally opened up to certain groups or to certain topics. It is permissible for governments to impose restrictions that are viewpoint neutral and reasonable in light of the purpose served by the forum.

Official City & City Appointed Organizations: City departments, City Commissions, City Committees, etc.

Other Governments or Intergovernmental Entities Serving University Place: Examples of such include the Rainier Communications Commission, other Cities and Counties, LESA, schools, the Fire District, and Metro Parks.

City Partners: Organized groups working in University Place that are specifically recognized by the City Council as a city partner. To be recognized as a city partner, a group must meet one or more of the following criteria: (1) te whem the City wevides !inansial sentrillutiens er in kind services; (12) a group with whom the City has a formal contractto provide public services in the Citv; ~3) a group's role in fulfilling a Council recognized special community need; @4) and groups that volunteer to maintain or improve public facilities. The City Council will recognizes the fellewing groups of City Partners by separate resolution. : the Uni,,ersity Place Chamller ef Cemmeree; /\udullen Society, University Place Festival Assesiatien, Curran Gere Orchard Resource enthusiasts, Adrianna >less Wetlane Trnst, Friends el >lemesteae Parl<'Rheeedendran Seciety, TACIQ, and UP fer A,rt.

General Community Groups: Community groups that do not have a contractual relationship or formal agreement with the City but who serve the community in support of the City's vision and goals. Examples include Masons, Churches, Kiwanis, Rotary, Character Council, and Political Groups.

Business Association Groups: For-profit Businesses Organizations or Associations with members of twenty or more. Examples include the Chamber of Commerce.

City: City of University Place, Washington.

3.POLICIES

The City Manager and City Council have designated limited public forums and levels of allowed usage by certain groups as shown in Exhibit A.

City partners are those groups that are officially recognized by the City Council as being in a partnership relationship with the City on one or more projects. To become a City Partner a group must seek formal recognition from the City Council. Whether or not a group will continue to be identified as a City Partner shall be reviewed by the City Council at least once each calendar year.

To be recognized as a City partner, a group must meet at least one of the following loof criteria:

(1) Greups te whish the City ef University Plase sentril>utes meAey er in kind services are easily definable. They incluee §reups like the Tacema Art MuseuFH, Tl\CIO, the Qaffedil Festival, the Duck Para<lo, and the University Plase Festival Asseciatien. The City sentribules financially lG these §Feups because !hey help fol!ill a City Ceunsil geal. Presumptively these greups help fulfill an appropriate putilis functien, e.§., ceFHFHunity praFHelien, enseuragin§ the arts an<l assisting persens with disal>ililies, such that an en§oing City graup relationship is v1arronte9.

(13) The seeen<l category is g.§.roups that have a written contract with the City to provide public services in the City. Two examples of these are the UP Festival Association and the Audubon Society. ,•gain, pPresumptively there is a legitimate public interest in the services provided by these groups. This interest is personified in the written contracts. That should be sufficient to justify a partnership arrangement at least on the contract issues.

(2:>) Groups that maintain or improve public facilities. These -include the Curran Core Orchard Resource Enthusiasts and the Friends of Homestead Park/Rhododendron Society. Preliminarily, a distinction must be made between groups that Adopt a Park and groups that improve public facilities. We permit political parties to Adopt a Street/Adopt a Park. It would be inappropriate under State Law to have a political party as a City Partner. Groups that work with the City over a protracted period of time to improve a public facility, however, can more appropriately be considered a partner. The terms of the partnership, however, are limited to the scope of the improvements made in the City's public facilities. The City is tree to control the extent of these partnerships because we own the facilities that are being improved.

Q4) City C<>~Rsil resegAize<l g§roups that fulfill a special community need, This is a much more loosely defined category. A direct City contribution is not always made. Two candidate groups for this category include the Historical Society and UP for Arts. The Historical Society serves a useful government purpose by reminding citizens and visitors of the history of the area. This can promote tourism and economic development. UP for Arts may contribute art to public facilities. UP for Arts may also enter into a contractual relationship with the City.

Web Page/Links/Community Calendar: The City of University Place assumes no responsibility for the accuracy of any information contained on any web site to which the City's web-site provides a link. Links to other web pages are provided for convenience only. A link from the City's web-site to another site does not constitute endorsement by the City. An appropriate disclaimer shall be posted on the City's web page.

LIMITED PUBLIC FORA POLICY - Exhibit A

(For use of public media and facilities)

Policy Issues - Support City Council GoalsNision? Free Speech? Gift of Funds? Separation of Church & State? Ban of Political Activity? Resources/Time/$? Liability? Risk (Political)?

Peliey Issues Support City Ceundl Geals/'Visien') Free Speeeh'? Gift ef FuaEls'? Separatien ef' ChHreh & State·~ Ban ef Peliti€al \c~ Reseurees/Time/$'l Liability'?

I. Official City & City Appointed

Organizations (i.e., City Departments,

Commissions/Conunittees ... ) II. Other Governments Serving University

Place (e.g., RCC, Cities, County, State, LESA, Metro Parks ... )

III. City Partners (Defined as: Groups le

.,,,·J:et'fl tAe Cit) 13revittes fiRaHeia! eeatri98tioRs er iR kiREi: seF\·iees; a gret1:p with whom the City has a formal contract; a group's role in fulfilling a Council recognized special

community need; and groups that volunteer to

maintain or improve public facilities.( e.g., Tacoma Art Museum, Historical Society,

University Place Festival, Friends of

Homestead Park/Rhododendron Society,

TACID ... ) IV. General Community Groups (e.g., Masons, Churches, Kiwanis, Rotary, Character First, Political Groups ... ) V. Business For -Profit Individual business and/or community business

associations (i.e., Chamber ... )

Business Directory

x

x

x

x

x (Display

Ads?)

Newsletter

x

x

Time/Space/$ Available -

Limited to Information

about

Partnership

Activities

No

No (Display Ads?)

Risk (J>a/itiealf>

Web Page & Web Page Adopt a Links Events Calendar Street/Par

k x x x

x

x

No

Business Organization or

Association,

but not individual

businesses

x

(ie. Library Link)

Time/Space Available -Limited to

Information about Partnership

Events

No

No

x

x

x

x

City Hall

Bulletin

Board

x

Space Available

No (Unless Part

of a City Event)

No

No

UPTV Public Display Areas

x x

Time Available Space Available

within a City

Program

Time Available Limited to Information within a City About Partnership

Program

No No

No No for individual businesses, but ok for Business Org. or Association

RESOLUTION NO. 751

A RESOLUTION OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DESIGNATING CITY EVENTS FOR 2014

WHEREAS, the City Council recognizes that public events which take place on City property and/or in City rights of way are valuable in promoting the City's identity as a distinct community within the South Puget Sound area, support a high quality of life for residents, and promote economic development and tourism; and

WHEREAS, the City Council acknowledges that the benefits to the City from certain public events which take place on City property and/or in City rights of way result in sufficient consideration to the City to justify the City's funding the organization and presentation of certain events, directly or by contract with a qualified third party; and

WHEREAS, the City Council desires to list the events that the City will organize and present directly or by contract with a qualified third party in 2014, and the City funds are available for the organization and presentation of those listed events; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON:

1. City Events. The following events are hereby designated as City Events in 2014:

A. Duck Parade B. Concerts in the Park C. Curran Orchard Cider Squeeze D. National Night Out E. University Place Festival F. Tree Lighting G. Community Connector Events

2. Definitions of City Events Presented by the City and City Events presented by Contract.

A. City Events Presented by the City ("City Events") are events for which City staff will have direct responsibility and authority for development of the event plan, and for ensuring that all aspects of the event plan are executed as planned. City Events may include substantial volunteer participation, as well as sub-participants such as vendors and community service organizations that apply to participate through, and meet the requirements of, the City's Special Events Code ("Code"), unless the City has made vendor/community service organization participation part of the City event. The City may contract with a qualified non-City party to organize and present subsidiary portions of City Events Presented by the City, such as vendor coordination, with City staff remaining in overall lead .

B. City Events Presented by Contract with a Third Party ("City Events by Contract") are City events for which a formal contract is entered into between the City and a qualified non-City party, with demonstrated experience in the presentation lawfully organized, safe and successful public events. The contract in a form prepared by the City Attorney will include a mandatory scope of services to be provided by the non-City contractor, and may include an event description including the public purpose for the event, and a description of any City in-kind support, if any, and will address any other necessary matters. City Events by Contract may include substantial volunteer participation, as well as sub-participants such as vendors and community service organizations, that apply to participate through, and meet the requirements of, the City's Special Events Code ("Code"), unless the City has made vendor/community service organization participation part of the City event and included coordination in the contract.

M:IRES\20141751-2014 Events 1

3. 2014 City Events Presented by the City. The following will be presented by the City in 2014.

A. Duck Parade. The parade itself will be the City Event as well as the coordination of food and other vendors concurrent with the event. Other related activities which typically occur in conjunction with the Duck Parade would be subject to the requirements of the City's Special Event Permit Code. This means that organizers, whether a legal entity (for profit, or non-profit corporation, LLC, etc.) desiring to hold an event on City property in conjunction with the Duck Parade would apply for a permit and meet the minimum requirements of the Code, including an event plan.

B. Tree Lighting. The Tree Lighting itself would be the City Event, and other related activities which typically occur in conjunction with the Tree Lighting would be subject to the requirements of the City's Special Event Permit Code. This means that organizers, whether a legal entity (for profit, or nonprofit corporation, LLC, etc.) desiring to hold an event on City property in conjunction with the Tree Lighting would apply for a permit and meet the minimum requirements of the Code, including an event plan.

C. Concerts in the Park. The concerts will be City Events as well as the coordination of food and other vendors concurrent with the event.

D. Curran Orchard Cider Squeeze. The Cider Squeeze will be a City Event as well as the coordination of food and other vendors concurrent with the event.

E. National Night Out. To be organized as in previous years .

4. 2014 City Events Presented by Contract with a Third Party. ThP. following ;:ire ;:inticipated to be presented by contract with a third party (entity or individual) in 2014. If the anticipated contracting party is unavailable or a mutually acceptable contract cannot be concluded, these events will transition to the City Events Presented by the City category, within the available funding.

A. University Place Festival - Anticipated to be contracted for presentation by the Tacoma Events Commission, a non-profit corporation.

B. Community Connector Events - Anticipated to be contracted for presentation by the Association of the US Army (AUSA), a non-profit corporation.

5. City Event Funding. In the City's 2013-2014 biennial budget, the City Council has budgeted an amount for City events. Within the available budget, the City Manager or designee, in consultation with City staff for City Events Presented by the City, or the contracted event organizers for City Events Presented by Contract with a Third Party will determine the level of funding to be allocated to each City Event.

6. Legislative Findings. The City Council finds that public events which take place on City property and/or in City rights of way in University Place are valuable in promoting and the City's identity as a distinct community within the South Puget Sound area, supporting a high quality of life for residents, and promoting economic development and tourism. The City Council finds that the benefits to the City from the listed events result in sufficient consideration to the City to justify the City's funding the organization and presentation of certain events, directly or by contract with a qualified third party, resulting in appropriate consideration to the City to justify affording in-kind City support to those events. Specifically, by advertising, publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion and assisting the City's economic development activities.

7. Effective Date. This Resolution shall be effective immediately upon adoption by the City Council.

M:IRES\20141751-2014 Events 2

ADOPTED BY THE CITY COUNCIL ON MARCH 17, 2014.

ATTEST:

M:\RES\20141751-2014 Events 3

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Facility Usage Policy: The Library/Civic Building Atrium is available only for City of University Place (City) and Pierce County Rural Library District (Library) special events and for bulletin boards, information racks and information booths or kiosks that are approved by the City and the Library. “Library or City special event” shall mean any Library or City sponsored special event; currently, it does not include organizations affiliated with the City or the Library

Event Rules: • Proposed Atrium special events will be scheduled by coordination between the City and Library

representatives according to facility availability throughout the year.• All events will be scheduled for times other than regular City and Library hours of operation, unless the

City and Library representatives agree otherwise.• Event set-up will not be permitted during City and Library regular hours of operation, unless the City

and Library representatives agree otherwise.• Event organizers must meet with the Library and City representatives to discuss the event plan

including provisions for emergency exiting by attendees, layout/equipment to be brought in for theevent, and the proposed activities. The Library and City representatives must approve the set-up andhave the right in their sole discretion to deny events, or event plans not appropriate for the Atrium.

• Event set up rules include, but are not limited to:No objects of any kind may be attached to the walls by any means.No objects may obstruct exiting by attendees.In circumstances where an event is allowed to occur during City and Library regular hours ofoperation, no objects or event activities will be allowed to obstruct ingress and egress byLibrary or City patrons.Tables/chairs brought in for events must have rubber/plastic padding that prevent damage toAtrium floor. Event organizers must receive approval from the Library and City representativesfor rental equipment to be brought into the Atrium.

Additional Requirements and Fees: • The Library and City representatives have the right to impose additional requirements and levy

charges as deemed appropriate within their sole discretion to particular events, including but notlimited to the following:

• Security/Safety/Inspection costs: (including any required police or fire department personnel). Shouldan event require outside (City, County, State) safety or security approvals/inspections, the Library andCity representatives may assess those charges upon the event organizer(s).

• Maintenance and set-up cost, in the event as determined within the sole discretion of the Library andCity representatives that City and/or Library staff need to participate in set-up or in the event itself.

Cleaning • Clean-up and removal of refuse from the event is the responsibility of the event organizer.• The event organizer is required to provide trash receptacles and cleaning supplies including trash

bags and paper towels for cleaning of the premises. All refuse must be removed by the eventorganizer from the building immediately after the event.

• If the City and Library representative determine in their sole discretion that, due to use during an event,additional cleaning and maintenance is necessary to return premises to its prior condition, specialmaintenance services will be arranged by the City and Library representatives, and billed to the eventorganizer.

University Place Civic and Library Building Atrium

Policies and Procedures 3005 112th Street East Tacoma, WA 98446 PH: 253.536.6500 FAX: 253.537.1809

3609 Market Place West, Suite 200 University Place, WA 98466

PH: 253.566.5656 FAX: 253.460.2541

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Equipment for Events • Any equipment required for the event must be provided by the event organizer. Delivery and pick-up of

all equipment and other rentals must be coordinated by the event organizer with the City and Library representatives.

• All event supplies, equipment, and rentals must be removed by the event organizer from the facility immediately following the event.

• The City and Library will not be responsible for any equipment, materials or property of any kind left on the premises by the event organizer or its vendors or agents, if any.

• The event organizer must provide its own personnel, dollies or carts for loading, unloading or carrying equipment to the area being used.

• All applicable building capacity requirements including fire codes and regulations regarding exits and entrances must be adhered to.

Catering

• Catering is permitted for events, but must be approved by the City and Library representatives. • The caterer(s) or individual(s) responsible for food/beverages for the event organizer are required to

meet with the City and Library representatives at least two weeks prior to the event to discuss logistics of preparation and serving of food/beverages within the facility.

• Adequate protective covering, as determined within the sole discretion of the City and Library representatives, must be provided by the event organizer for all the surfaces on which food and drink is served and consumed.

• Cooking inside the Atrium is not allowed. The building has no kitchen, cooking, or refrigeration facilities for public use. The event organizer/caterer must supply all necessary catering equipment and supplies. Candles or open flames are not permitted in the building.

• No catering equipment, supplies, or rentals may be left on the premises after the conclusion of the event. The City and Library will not be responsible for any lost or stolen catering supplies. These are the sole responsibility of the caterer or the event organizer.

• The event organizer will be fully responsible for ensuring that caterers clean up thoroughly. This includes depositing all trash in trash bags and removing them to containers outside the building and off the premises. If the City and Library representatives determine in their sole discretion the clean-up and rubbish removal of the caterer to be inadequate, the event organizer will be billed for any cleaning required.

Beverage/Alcohol Policy

• Any beverages for events, including coffee and condiments, will be provided by the event organizer. The event organizer is also responsible to provide any coffee makers, paper products, utensils, and coolers necessary for the event.

• Alcoholic beverages will be allowed only with the prior written approval of the City and Library representatives, and upon documented compliance with any other applicable laws and licensing requirements for the service of alcohol.

Utilities and Special Equipment

• The event organizer must accept the Atrium’s existing environmental conditions for lighting, heating, cooling, and humidity ranges, all of which are determined in the City and Library’s sole discretion.

• Any electrical equipment such as microphones, speakers, amplifiers, projectors, video and computer equipment, extension cords, generators, etc., must be provided by the event organizer or the organizer's vendor and must be approved by the City and Library representative.

Cancellation Policy

• The City and Library representatives have the right in their sole discretion to cancel special events due to unforeseen circumstances. Additionally, the Licensee's failure to comply with any of these rules or any other applicable laws or regulations may result in cancellation of the Licensee's event in the City and Library representative’s sole discretion.

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Restrooms

• Public restrooms are available in the Atrium. If the City and Library representatives determine in their sole discretion that, due to use during an event, additional cleaning and maintenance is necessary to return premises to its prior condition, special maintenance services will be arranged by the City and Library representatives, and billed to the event organizer.

Bulletin Boards, Information Racks and Information Booths or Kiosks.

• Proposed bulletin boards, information racks and information booths or kiosks will scheduled and coordinated between the City and Library representatives throughout the year. Such racks shall display material and information from only the Library or the City. The Library or the City may in the future choose to display other information but only after they have agreed on the parameters for what other type of information can be displayed.

UPPD Contract Components

Cost for each officer includes:

Pay/Benefits

Uniforms and equipment (computers, phones, weapons, etc.)

Vehicle (gas, repairs, replacement)

Training (annual training and specialized training)

Indemnity (use of force, unlawful arrest, claims)

Hiring/Replacement/Backfill for long term vacancies

Internal Affairs/ Use of Force Investigations

Human Resources (workplace injuries, wellness, EEO and EAP services)

Property Room Services

Additional Services in the Contract

Criminal Investigations

Investigate Violent Crimes, Domestic Violence, Death Investigations, Major Traffic Collisions, and other high-profile cases (i.e., narcotics, major thefts, fraud/embezzlement)

On-Call Detective Services

Forensic Services

Special Services

Public Information Officer (PIO)

SWAT, K9, Haz Device, Search and Rescue, Marine Services, Air Unit, & Dive Team

Additional Benefits

Selection process for staff – City involvement

Access to additional staffing for special events/coverage

City Indemnity (including labor issues)

2020 UPPD Contract Costs

Function Title Number Unit Cost Annual Cost

Command Chief 1 $ 243,400 $ 243,400 Supervision Sergeant 1 $ 193,520 $ 193,520

Patrol Deputy 12 $ 177,170 $ 2,126,040

Investigator Deputy 1 $ 177,170 $ 177,170

Problem Oriented Officer Deputy 1 $ 177,170 $ 177,170

School Resource Officer Deputy 1 $ 177,170 $ 177,170 Investigative Services (Major Crimes)

$ 348,300 $ 348,300

Administrative Aide Office Assistant 3 1 $ 100,430 $ 100,430

Specialized Services (SWAT, K9, Hazardous Device)

No Charge

‐ ‐

South Sound 911 Comm and Records Services

$ 475,240 $ 475,240

TOTAL 18

$ 4,018,440

CONTRACTAMEND1\1ENT

BETWEEN

CITY OF UNIVERSITY PLACE

AND

COUNTY OF PIERCE

WHEREAS, the City of University Place and the County of Pierce have a written contract for police services, and;

WHEREAS, the City of University Place has requested a modification to police staffing as defined in Exhibit B to said contract effective January 1, 1999;

NOW THEREFORE, the City of University Place and Pierce CoW1ty in consideration of the mutual agreement contained herein and pursuant to Section 22 of the contract for police services, agree to the following modification of contract number 8544 - o:

TERMS AND CONDITIONS:

1. City and CoW1ty agree to delete the one (1) Detective position identified at line C ofExhibit B from the 1999 city staffing level effective January 1, 1999.

2. County agrees to transfer one (1) NEW Deputy Sheriff position to the city and will beshown as line G on Exhibit B. This deputy will do, among other things, proactivecommunity policing and other proactive duties consistent with the needs in the city.The unit cost for this deputy will be the same as the deputy unit cost identified on lineA of Exhibit B. This deputy will not be col.Ulted as part of the minimum threedeputies per shift as required in Section 2 of the contract. This is to become effectiveJanuary 1, 1999.

3. City will develop a job description for the deputy position before January 1, 1999.4. All other terms and conditions of the contract will remain the same.

This contract amendment shall take effect upon the signature of both parties and shall remain in effect from its making.

Signed this J] .il day of November 1998.

CONTRACTOR: C UNTY:

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