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TCDA Packet - 12/14/2021 City o.f Tigard S Tigard Business Meeting —Agenda TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD &TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: December 14, 2021 - 6:30 p.m. Executive Session; 6:45 p.m. Business Meeting MEETING LOCATION: Remote participation only. See PUBLIC NOTICE below. PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212, this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: Written public comment may be submitted electronically at www.ti arg d-or.gov/Comments.All comments must be submitted before noon the day of the meeting. If you prefer to call in,please call 503-966-4101 when instructed to be placed in the queue.We ask that you plan on limiting your testimony to three minutes SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: https://www.ti-aard-or.gov/boxcast CABLE VIEWERS: The first City Council meeting of the month may be shown live on Channel 28 at 6:30 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. m ` City of Tigard Tigard Business Meeting—Agenda TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD &TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: December 14, 2021 - 6:30 p.m. Executive Session; 6:45 p.m. Business Meeting MEETING LOCATION: Remote participation only. 6:30 PM •EXECUTIVE SESSION: The Town Center Development Agency (ICDA)will go into Executive Session to discuss property negotiations, under ORS 192.660(2) (e). 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. 6:45 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Tigard High School Student Envoy C. Update from Police Chief McAlpine D. Tigard Area Chamber of Commerce E. Public Comment—Written F. Public Comment—Phone-In 3. PROCLAMATIONS AND RECOGNITION 4. CONSENT AGENDA: (Tigard City Council,Local Contract Review Board) The Consent Agenda is used for routine items including approval of meeting minutes, contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting. These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. Motion to: A. APROVE CITY COUNCIL MINUTES: •June 1, 2021 •June 22, 2021 *July 1, 2021 B. LOCAL CONTRACT REVIEW BOARD—CONTRACT AWARD FOR 2022-08 MAIN STREET PHASE 2 IMPROVEMENTS C. LOCAL CONTRACT REVIEW BOARD -AWARD A CONTRACT TO CARAHSOFT TECHNOLOGY CORP. •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 has voted on those items which do not need discussion. 5. CONSIDER RESOLUTION EXTENDING THE CITY'S EMERGENCY DECLARATION RELATED TO COVID-19 7:00 P.M. estimated time 6. CONSIDER A RESOLUTION APPOINTING MEMBERS TO THE TOWN CENTER ADVISORY COMMISSION 7:05 P.M. estimated time 7. CONSIDER A RESOLUTION APPOINTING MEMBERS TO THE TIGARD TRANSPORTATION ADVISORY COMMITTEE 7:15 P.M. estimated time 8. RECEIVE TIGARD TRANSPORTATION ADVISORY COMMITTEE (TTAC) ANNUAL REPORT 7:25 P.M. estimated time 9. LEGISLATIVE PUBLIC HEARING-WASHINGTON SQUARE REGIONAL CENTER UPDATE PROJECT 7:40 P.M. estimated time 10. TOWN CENTER DEVELOPMENT AGENCY- RECEIVE UPDATE ON THE AVA MAIN STREET AT FANNO CREEK PROJECT 8:25 P.M. estimated time 11. RECEIVE RECOMMENDATIONS FOR AGENDA ITEM SUMMARY IMPROVEMENTS 8:55 P.M. estimated time 12. CONSIDER AUTHORIZING THE CITY ATTORNEY TO EXECUTE OPIOID LITIGATION AGREEMENTS 9:15 P.M. estimated time 13. NON-AGENDA ITEMS 14. ADMINISTRATIVE REPORT 15. 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. 16. ADJOURNMENT 9:25 P.M. estimated time SUPPLEMENTAL PACKET FOR I -ly- ael;21 (DATE OF MEETING) Tigard PD Strategic Dashboard For November 2021 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) Crime Sna shot Selected Group A Offenses Nov-20 Nov-21 %Chg 2020 YTD 2021 YTD %Chg Person Crime 27 36 33.33% 396 408 3.03% Assault 20 28 40.00% 334 327 -2.107 Robbery 2 4 100.00% 20 31 55.00% Property Crime 209 202 -3.35% 2004 1963 -2.05% Burglary-Residential 8 7 -12.50% 52 46 -11.54% Burglary-Business 6 5 -16.67% 75 57 -24.00% Burglary-Other 0 3 n/a 23 52 126.09% UUMV 22 14 -36.36% 121 134 10.74% Theft 129 118 -8.53% 1032 1053 2.03% Vandalism 17 26 52.94% 365 312 -14.52% Societal Crimes 44 59 34.09% 647 538 -16.85% DUII 12 9 -25.00% 103 114 10.68% Drug Offense 3 4 33.33% 87 22 -74.71% Disorderly Conduct 1 5 400.00% 45 41 -8.89% Arrests(*CTA in Total) 41 99 141.46% 997 1024 2.71% Felony 13 15 15.38% 158 101 -36.08% MISD 4 8 100.00% 224 129 -42.41% Warrants 24 36 50.00% 305 405 32.79% Calls for Service Nov-20 Nov-21 %Chg 2020 YTD 2021 YTD %Chg Dispatched Calls 1643 18310 11.44% 19058 198630 4.22% Self Initiated Calls 718 1077 50.00% 12445 125750 1.04% Online Crime Reports 35 58F 65.71% 212 505 138.21% Response Time Nov-20 Nov-21 %Chg 2020 YTD 2021 YTD %Chg Priority 1 &2 6.98 6.65 -4.73% 6.10 6.320 3.61% Priority 3 11.45 10.67 -6.81% 9.82 9.77 -0.51% Priority 4+ 11.27 11.35 0.71% 10.8 9.68 ,_ 10.37% Photo Enforcement Red Light- Began Issuing 03/11/20 Month of: NOV 2021 YTD 2020 2021 Yr to Yr Received Issued Rejected Issued Issued %Chg 99W/SW Hall Blvd 258 223 35 1412 2980 111% 99W/SW 72nd Ave 140 119 21 843 1111 32% 99W/SW Durham Rd 27 23 1 4 105 301 187% Intersection Speed - Began Issuing 7/14/20 Month of: NOV 2021 YTD 2020 2021 Yr to Yr Received Issued Rejected Issued Issued %Chg 99W/SW Hall Blvd 238 213 1 25 1466 1797 230/6 99W/SW 72nd Ave 1470 13081 162 8284 12879 55% *Person Crime-Assault(verbal harassment,menacing,simple and felony assault),Homicide,Robbery,Kidnap,Forcible/Non-Forcible Sex Offense *Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check *Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DUII,Family Offense,Liqour Laws,Peeping Tom,Trespass *The data is National Incident Based Reporting System(NIBRS)compliant and not Uniform Crime Report(UCR)compliant and cannot be compared to any report using that standard.For more info on NIBRS:https://www.fbi.gov/services/cjis/ucr/nibrs 1 Tigard PD Strategic Dashboard +4 For November 2021 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) Employee Snapshot Department Staffing Information Actual Budget %Budget Sworn 69.0 76.0 91% Non-Sworn 15.0 18.0 83% Total Number of Personnel 84.0 94.0 89% Patrol Staffing Authorized 43 Days Swings Graves Overall% #of Shifts at or below Minimums 14 47% 21 70% 8 27% 48% Personnel Unavailable for Work Patrol All Other Overall #of Recruits in Pre-Academy 1 1 #of Recruits in Academy #of Recruits in Recruit Training 2 2 #of Personnel on Extended Sick Leave / FMLA 1 1 #of Personnel on Military Leave 2 2 #of Personnel on Modified Duty* 3 1 4 #of Personnel on Administrative Leave Total Personnel Unavailable to Work during some Period during the Month 9 1 10 Total Officers Available to work PATROL some period during the Month 34 *Modi6ed Duty=any modified work schedule to accommodate Light duty,workers comp,Cmid related EOC-S or EOC-F or LWOP Operational Effectiveness Snapshot Budget Information is based on the best available data. FY 2020-21 Budget FY 2021-22 Budget Percent YTD g Percent YTD g Status Status Department Budget Actual Budgeted Actual Budgeted Administrative 40% 420 -20 41% 42% -1% Operations 33% 42% -8% 40% 42% -2% Services 36% 42% -6% 40% 42% -2% Total Department Budget 35% 42% -7% 40% 42%4D -2% Budget Information is based on the best available data. FY 2020-21 FY 2021-22 Percent YTD Budget Percent YTD Budget Status Status Department Overtime Actual Budgeted Actual Budgeted Administrative 14% 4200 -270 15% 42% -27% Operations 22% 42% -19% 22% 42% -20% Services 16% 42% -26% 22% 42% -20% Total Overtime 20% 42%4D -21% 22% 42% -20% 2 Tigard PD Strategic Dashboard For November 2021 s ' 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) Levy Status Update Levy To Date(LTD)is July 1,2020 to date Nov-21 Nov-21 LTD LTD Training # Officers Hours Officers* Hours Advanced Crisis Intervention and De-escalation Training 0 0 3 60 Crisis Intervention 0 0 88 223.5 De-escalation Training 0 0 1 95 189.5 *LTD aL q To Date)Officer totals may dupe?ate officer count as training happens muliple times ayear Totals 1 0 0 186 473 Levy Staffing Information-LEVY to date progress Actual Budget %Budget Sworn-Patrol 8.0 8.0 100% Sworn-SRO 1.0 1.0 100% Non-Sworn 0.0 2.0 0% Total Number of Personnel 9.0 11.0 82% Levy Hiring Process-Month of November Patrol All Other Overall Patrol All Other Overall Nov-21 Nov-21 Nov-21 Levy to Date Levy to Dat Levy to Date Interviews 9 0 9.00 149 44 193.00 ORPAT(physical fitness test) 4 0 4.00 30 0 30.00 Background investigations completed 2 01 2.00 66 3 69.00 Conditional Offers of employment 1 0 1.00 22 1 23.00 I ires 1 01 1.00 15 1 16.00 Emergency Response Times - 6 Year Trend PRIORITY 1 AND 2 Priority 1 calls = 6.67 6_98- Imminent threat to life 5,77 Priority 2 calls=Immediate threat to life,occuring now 20-16 2017 2018 2019 2020 District integrity(5 police districts) #of Shifts conducted with 5 or more patrol Davs Nov 2021 YTD Graves Overall% officers 3 10 9 30% 13 43% 28% Community Snapshot Community Outreach and Events Media Upcoming Events *PSAB meetings Press Releases/2) *PSAB meetings *Christmas for Kids toy collection(11/29) *AMT Theft *Burglary/Carjacking/Pursuit *Other events as COVID restrictions allow Media Ingttiries and Other Tonics Other items *Custody dispute *Ghost gun photo FNew City website launched(11/1) *Body along Fanno Creek Trail *Asssisted Beaverton PD PIO during Sgt funeral *Chief as Tacoma PD finalist(2) (11/2) *ATM theft *Smash&grab robberies *Carjacking/burglary *Woman in hole by train tracks 3 Tigard PD Strategic Dashboard For November 2021 2020 Population Estimate 54,520 (Adopted Budget FY 2021-22) NOVEMBER • 1831 1771 1669 1710 1643 15381-1553 2015 2016 2017 • . . 2021 • . _ 2017 20182020 2021 Overdose 12 23 21 20 22 Mental Health hold (POH) 131 163 118 117 92 Suicide 7 7 10 4 8 DHS referrals and Attempted Suicide 60 55 47 36 34 cases of DHS Referral 512 514 495 403 446 of abuse to an Domestic Violence (DV) 115 146 114 135 142 elderly or mentally DV No Crime 127 115 122 98 93 challenged victim end up in the Organized Retail Crime (ORC) Theft 48 51 67 55 39 caseload • Graffiti 52 100 45 103 55 Detectives and .• BHI -Transient Total Dispatched Calls: 1831 Total Societal Calls: 1140 %of monthly workload 62% #of Calls-BHI** 1 300 #of Calls Transient 1131 #of Calls Dispatched 317 #of Calls Self Initiated 42 139:02 03 (hr:min:sec) Total BHI/Transient calls 359 *Note 1:Behavioral Health Incidents(BHI)and Transient calls are a subset of the category"Societal"calls. The statistics above are based on officer inputs. **Note 2.An incident may be both BHI and Transient related. These figures are not additive. 4 SUPPLEMENTAL PACKET FOR _10ee- / City Council Update December 14,2021 (DATE OF MEETING) Chamber Update Leadership Tigard Leadership Tigard spent the day learning about human needs and non-profits.They got a tour of the Edwards Center and Just Compassion.They also got to hear from The Portland Clinic Foundation, Non- Profit Organization of Oregon,Virginia Garcia Memorial Foundation and Tigard Police Chief Kathy McAlpine. Next month's topic is business and economy day. Education Advocacy,&Building a Strong Local Economy • Ribbon Cutting Ceremony for AFC Urgent Care—Dec. 17 at 10 a.m. • SAVE THE DATE! State of Business: Labor Market—Thursday,January 27, 2022 at 7:30 a.m. The Government Affairs& Public Policy Committee and the Tigard Chamber Board of Directors has approved the 2022 Business Advocacy Agenda. It is available for review on www.TigardChamber.org. Networking/Visibility Good Morning Tigard (GMT),Thursday A.M. Networking 7:30 a.m.—Weekly 12/16—In-person—GMT hosted by the Tigard Chamber, 12/30—Virtual- End of Year GMT,01/06— GMT,01/13-GMT Details at http://business.tigardchamber.org/events/caIendar/ Tigard Farmers Market Update We are looking forward to the 2022 season! We are in the process of hiring a new Tigard Farmers Market Manager.Vendor applications are going to be opening in January. We are currently planning to bring back the Market Sprouts Kids Club, Community Booth and Music at the Market Booth. Follow our social media for updates on the upcoming season in Downtown Tigard. TDA Downtown Updates Thank you to everyone that participated in Shop Local Bingo and the Holiday Tree Lighting.Thank you to Symposium Coffee, McDonalds, City of Tigard, Council President Heidi Lueb and Landmark Ford for your support in the Holiday Tree Lighting. Come shop,dine, and experience Downtown Tigard this holiday season! Stay tuned for information on Ticket to Tigard that will be launching in January. For complete details, please check out ExploreDowntownTigard.com lip i4GARD Leadership Tigard,r 01 TDA AIS-4824 4.A. Business Meeting Meeting Date: 12/14/2021 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. •June 1, 2021 •June 22, 2021 •July 1, 2021 STAFF RECOMMENDATION /ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED SYSTEM PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments June 1,2021 Minutes June 22,2021 Minutes July 1,2021 Minutes City of Tigard City Council Meeting Minutes June 1, 2021 1. BUSINESS MEETING A. At 6:31 p.m.Mayor Snider called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Yes No Councilor Shaw ✓ Youth Councilor Calderon ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ C. Pledge of Allegiance—Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance.A flag was projected on the screen. D. Call to Council and Staff for Non-Agenda Items— Councilor Newton introduced a Non- Agenda item for Council consideration.A Public Safety Advisory Board member shared about a recent situation where a family member was mugged and injured in Portland.The PSAB member commented that many of his family members are coming to Tigard to shop because they feel safer here.The PSAB discussed this and requested that Councilor Newton bring forward a Council resolution of support for Asians,noting their contributions to the community and condemning mistreatment. Youth Councilor Calderon said he was supportive of Council approving the resolution as he is an Asian American, and Asian Americans and Pacific Islanders have faced a lot of bias since the pandemic so it would be very meaningful if approved. Council President Lueb thanked Councilor Newton for bringing this forward and found it disheartening to hear about the incident. She said Asian and Pacific Islander community members are welcome in Tigard and we will stand with those who need extra support at this time. Council President Lueb moved to approve Resolution No. 21-17. Councilor Shaw seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. Resolution No. 21-17—A RESOLUTION OF SUPPORT FOR TIGARD'S ASIAN- AMERICAN PACIFIC ISLANDER COMMUNITY AND CONDEMNING ALL FORMS OF ANTI-ASIAN SENTIMENT AS RELATED TO COVID-19 TIGARD CITY COUNCIL MEETING MINUTES -June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov ( Page 1 of 13 Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Mayor Snider announced that Resolution No. 21-17 passed unanimously.Youth Councilor Calderon cast an advisory vote in support. 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment—Assistant City Manager Nyland provided follow-up to previous public comment on the condition of trails and the perceived homelessness as a safety issue. She said homelessness was not a safety issue necessarily,but rather a public health crisis, so she provided resources that are available and noted the progress being made. The other commenter requested some tennis courts be designated for pickleball in Summerlake Park. She said the Parks team is exploring options and collecting information to get a better understanding of usage of that facility. Fun Fact: Pickleball was invented in 1965 on Bainbridge Island,Washington. Councilor Shaw noted that pickleball is one of the top three topics she gets asked about since being elected to council. B. Public Comment—Written public comment was received, two in support and one opposed to proposed amendments to the Tigard Municipal Code Title 18, Chapter 18.70. A question was submitted asking whether Fourth of July activities such as fireworks and a parade would be held this year. Mayor Snider noted that the fireworks show was cancelled and requested that Assistant City Manager Nyland ask the Fourth of July Fireworks show organizers to weigh in on the response to the citizen. C. Public Comment—Phone-In—Mayor Snider announced the phone-in comment number is 503-966-4101. IT Manager Nolop confirmed that callers were in the queue for a later agenda item. 3. CONSENT AGENDA: A. PROCLAIM JUNE AS PRIDE MONTH Council President Lueb noted that she was proud that Council's first actions this evening show that Tigard is an inclusive community. Council President Lueb moved for approval of the Consent Agenda. Councilor Shaw seconded the motion. City Recorder Krager conducted a roll call vote. Mayor Snider said the previous two Council actions are somewhat symbolic,but they set the tone for and describe what we want our community to be now and in the future. TIGARD CITY COUNCIL MEETING MINUTES -June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 13 Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ 4. QUASI-JUDICIAL PUBLIC HEARING: CONSIDER ORDINANCE ADOPTING FANNO CREEK TRAIL CONNECTIONS COMPREHENSIVE PLAN AMENDMENT (CPA2021- 00001, CUP 2021-00002,AND SLR2021-0000 1) A. Mayor Snider opened the public hearing. B. City Attorney Rihala read the quasi-judicial hearing procedures. C. Mayor Snider asked if any members had a conflict of interest or have had any ex parte contacts. There were none. D. Mayor Snider asked if any callers wished to rebut a councilor's ex parte contact or challenge a councilor's impartiality. There were none. E. Associate Planner Bilodeau gave the staff report and slide presentation.The City of Tigard and Oregon Department of Transportation are requesting approval of a Comprehensive Plan Amendment for the removal of 1.06 acres of significant wetlands from Tigard's Wetlands and Stream Corridor map, a Conditional Use Permit and a Sensitive Lands Review. The four sections of the Fanno Creek Trail are the Woodard Park to Grant Avenue segment,Library over Fanno Creek to Milton Court segment,improvements to an existing path segment from Ash Avenue east to Hall Boulevard within Fanno Creek Park, and 85th Avenue to Ki-a-kuts Bridge. Council received a memo today regarding one location recommended by the Planning Commission is actually over the top of a Clean Water Services water reuse line so it needed to be relocated. The proposed section is just to the east of the original request, allowing 5-feet minimum clearance to allow future work on the water line if needed without impacting the trail. It slightly increases the temporary impacts but reduces the overall environmental impact,by removing 1.06 acres from the Tigard Significant Wetland Map. Due to this reduction, the trail alignment changed, but staff determined that the Planning Commission recommendation and findings as written continue to support the approval of this project. Staff recommends that the Council adopt by ordinance the Comprehensive Plan Amendment, Conditional Use Permit and Sensitive Lands Review. Mayor Snider asked how this made it through the Planning Commission before it was discovered that the trail was over a water line and questioned whether it needs to be remanded back to them. Associate Planner Bilodeau said staff was told Clean Water Services gave incorrect information on the location of that line and it was found at the very last minute that the trail was now over the top of the line. Staff reviewed the material and saw a reduced wetlands impact and feel that the findings are still consistent and appropriate to bring to Council tonight. TIGARD CITY COUNCIL MEETING MINUTES —June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 13 City Attorney Rihala said the Planning Commission provided a recommendation, but it is ultimately Council's decision. If desired, Council can send it back. Since the Planning Commission approved a larger amount of wetland removal, staff felt comfortable that since the acreage removed was less, it was consistent with the direction Planning Commission had given. Councilor Shaw asked if at least one segment will address Metro's 2018 Bicycle Parkway. Associate Planner Bilodeau said the trail is designed to meet regional bike and pedestrian use requiremwents. F. Applicant Testimony- City of Tigard Engineering Project Coordinator Staedter and Senior Project Engineer Morris testified. Senior Project Engineer Morris said Clean Water Services provided the city's consultant some linework showing this water reuse line going from their facility through Cook Park and across the river to the golf course.Towards the end of the review process they were coordinating with another CWS individual on the Durham segment who questioned where the line was shown. The city and CWS staff did some investigating and surveyed the line and found that the initial linework was incorrect. It had limited impacts but there would have been some risk. Staff made the decision that moving the boardwalk had fewer permanent impacts. Project Coordinator Staedter showed a presentation which was added to the packet for this meeting. She showed maps of the Fanno Creek Trail loop and maps and renderings of each of the four segments addressed in this project. The project features 1.39 miles of new trail and 1,800 feet of existing trail. There are two 4-foot-wide bridges and elevated boardwalk over wetlands, drainageways and natural areas. There are four rest area pull offs with seating walls. Native seeding will occur through areas currently under restoration by CWS and Metro. She said the project requires a Type III land use review process. A Conditional Use Permit is required to construct a Transportation/Utility Corridor in the residential area, a Sensitive Lands Review is required in support of compliance with all code sections and a Comprehensive Plan Amendment and supporting Environmental, Social, Economic and Energy Analysis (ESEE) are required. Significant Wetlands have been identified across Tigard and these are "no touch" wetlands. The only way to make modifications is through City Council action to take protection off the wetland so it can be impacted. An ESEE must show that the areas are suitable for the proposed development. She read through a slide of Conditional Use Approval Criteria and said staff feels all criteria were met. Sensitive Land review requirements will be met in flood hazard areas and for wildlife habitat. Steep slopes were analyzed and were controlled by raising boardwalks. At the Library site there will be bridges over the steep slopes.The project will enhance over 9.6 acres of vegetated corridor and restore over 1.4 acres of temporary impacts. Wetlands fill for the project was limited to .3 acres and will be mitigated through the purchase of high-quality wetland mitigation banking credits at the W&M Butler Wetlands. Project Engineer Staedter showed slides of each segment indicating how much area the project is impacting, as well as the extent of restoration and mitigation. TIGARD CITY COUNCIL MEETING MINUTES—June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 13 ESEE Highlights: Economic consequences are positive; home values near trails rise from 1 to 6.5%. Tourism dollars are tied to trail availability and staff received written support from the Washington County Tourism Association for grants sought for the project. Trails reduce medical costs by improving health of users,as seen by increased trail use during the pandemic.Trails influence the relocation decisions by large employers and impact direct sales in the community,which is shown to increase consumer spending. Social consequences: it is important to fill gaps in local and regional trails and this project fills three of four gaps along the Fanno Creek Trail. Other positive consequences are providing meeting places,promotion of community partnerships,passive recreation and easier access for all, the opportunity for people of different socio-economic backgrounds to interact,mental and physical benefits and low-cost commuting options. Environmental consequences are a mix.There is a loss of.3 acres of wetland function,but vegetated corridor function loss is likely to be mitigated due to enhancement and mitigation planting. Trails do confine human impacts to one location and eliminate extensive and multiple demand trails. Exposure to natural resources and experiencing nature promotes environmental protection. At Durham, 2,400 feet of boardwalk will keep the hydrologic connection. There are also significant air quality benefits' . Energy consequences are that trips made by walking save on gas and auto costs. Interconnection with other area cities will increase usage and energy savings. Trails offer an alternative to traffic congestion. Project Coordinator Staedter said they will need to limit the conflicting uses to provide the greatest benefit. G. Public Testimony— • No written comments were received by the noon deadline. • Mayor Snider asked IT Manager Nolop if there were any callers in the queue to testify on this item. There were none. H. Response or rebuttal to testimony by staff. None. 1. Council will ask questions of staff or witnesses. Councilor Shaw asked about the motion and if it would change due to the information received earlier today. City Attorney Rihala said the ordinance was revised and included the adjusted acreage. J. Mayor Snider closed the public hearing. K. Council consideration of Ordinance No. 21-12. TIGARD CITY COUNCIL MEETING MINUTES —June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 13 Councilor Shaw moved for approval of Ordinance No. 21-12. Councilor Newton seconded the motion. She commented that this has been a long time coming and she frequently hears from the community asking when the trail improvements would be complete. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. The motion passed unanimously. ORDINANCE NO. 21-12—AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT TO REMOVE 1.06 ACRES OF LOCALLY SIGNIFICANT WETLANDS FROM THE "TIGARD WETLAND AND STREAM CORRIDOR MAP" INVENTORY (CPA2021-00001, CUP2021-00002 and SLR2021-00001) Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ 4. LEGISLATIVE PUBLIC HEARING: CONSIDER ORDINANCE ADOPTING WASHINGTON SQUARE REGIONAL CENTER (WSRC) SUBDISTRICT MODIFICATION DCA2021-00001 A. Mayor Snider opened the public hearing. B. Hearing Procedures—Mayor Snider announced that anyone may testify by phone and may call in to get the queue now by calling 503-966-4101. C. Assistant Planner Smith and Senior Planner Shanks co-presented the staff report. Senior Planner Shanks said this is an offshoot from the Washington Square Regional Center long-range planning project. The goal of the WSRC project is to understand community priorities, emerging market trends, housing options,transportation options and business opportunities.Tonight's public hearing is about where standalone car dealerships should be allowed in the regional center and what kind of screening of inventory and service areas should be provided. She showed a slide of the original vision with the areas on either side of Highway 217 marked in pink. The city's current development code treats both sides of 217 exactly the same. Staff has determined that they do not have the same development potential. The Cascade Avenue area on the west side of 217 is wedged between a heavy rail area,Highway 217, and Scholls Ferry Road,which does not make it a walkable area suitable for housing. The east side of 217 has great potential for mixed-use pedestrian-oriented redevelopment. Car dealers contacted staff in March 2020 and were interested in the empty buildings along Cascade Avenue, but that use was not allowed by the zoning. Staff did a lot of technical analysis and outreach and discovered that the two sides of Highway 217 are very different TIGARD CITY COUNCIL MEETING MINUTES —June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 13 and determined it was time to look at rezoning. And when Holman Auto Group approached the city again and asked about the Cascade Avenue area, staff felt comfortable bringing this to the City Council now due to the technical analysis and community engagement. The timing is to be responsive to a specific property owner who has helped with some of the required analysis. Assistant Planner Smith presented the Planning Commission recommendation to modify the size of the new subdistrict that allows new standalone car dealers in the WSRC and move it,with the exception of the existing Jaguar/Land Rover dealership, across the road to Cascade Avenue. This will preserve the mall property for mixed-use and pedestrian- oriented redevelopment.The properties on the west side of 217 do not have the same development potential due to changes in market conditions,highway proximity, access barriers due to the railroad line and lack of amenities. She said this will also advance the city's economic development goals because car dealerships provide family-wage jobs and employ more people than other sales-oriented businesses. The proposed car dealership would be further away from residential areas and will help to develop the underutilized and long vacant properties along Cascade Avenue. She showed a slide of a map comparing the current and reduced subdistrict and said properties discussed tonight are in the mixed- use commercial, or MUC zone. Also proposed is a new indoor screening standard that says all Motor Vehicle Sales/Rental uses that are primary uses and west of Highway 217 must contain all sales and rental inventory and vehicle service areas inside a building.This does not apply to the existing Jaguar dealership. This standard is more clear and objective and moves away from the suburban car lot model of acres and acres of cars. A slide was shown of the initial concept design for the BMW dealership on the former Orchard Hardware site which shows all vehicle inventory is screened by the building. As part of an online open house in April,people were asked if they supported limiting new car dealerships to areas without potential for pedestrian-oriented development. 63% of 228 respondents were in favor. The Planning Commission approved this application by a vote of 7-0. Staff recommends a minor change to the screening requirement to remove a reference to properties within 500 feet of Scholls Ferry Road. This will not make the existing dealership a non-conforming use. Planning Commission voted to add properties along Cascade Avenue to the subdistrict and add the new indoor storage standard applied everywhere in the subdistrict except Jaguar Land Rover. Senior Planner Shanks said since the Planning Commission hearing, staff has been speaking with Macerich, the Washington Square Mall owner and sole dissenter on the proposal. Macerich's opposition is based on the challenging market and their expressed desire for as much flexibility as possible. Macerich and city staff recognize the potential for future development. They are requesting a modification to the Planning Commission recommendation to retain the mall property in the subdistrict. Ms. Shanks said staff concern is not auto sales,because when they are inside a building that acts as any other retail use. Staff are concerned with having a service center function as part TIGARD CITY COUNCIL MEETING MINUTES -June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 13 of the building. This affects circulation through a site and impacts pedestrians. Macerich and city staff considered different options. That led to an alternative allowing the mall to remain in the subdistrict.This alternative will be for Council consideration tonight. Staff will come back to Council with additional standards related to this issue to protect and advance the city's vision and walkability interest in the WSRC area and mitigate impacts from having a service center on mall property. She showed a slide of Beaverton Toyota showing a dealership with allowed car washing and a service center. These functions are much more car oriented and all cars,whether being purchased or serviced, showed the potential site impacts. A slide was shown with the alternative text for consideration that would allow the mall to remain in the subdistrict and lists the screening requirements. Councilor Newton said she was familiar with the area and sees people with strollers and riding their bikes there, although it is not pedestrian friendly. She asked if the city considered changing what is allowed in that MUC district instead of calling it a special district. She asked why Cascade Avenue was split and the zoning did not go all the way to the south, and if staff did not have the same concerns shared about Beaverton Toyota for the Cascade site. Senior Planner Shanks responded that reconfiguring zoning is coming with the long-range planning work. She said staff is recommending taking this action now as an offshoot to accommodate this particular proposal. The subdistrict only allows this one additional use, but other uses are not precluded.They did not go all the way to the south because the nature of the area changes as it moves away from the freeway and the farther south it gets from Scholls Ferry. It has the potential to become more pedestrian oriented closer to Greenberg Road. Councilor Newton asked if we want car dealerships going in before we have completed the WSRC planning. Senior Planner Shanks replied that a regional center has more focus on commercial properties and draws people from Salem or Vancouver. She said it was more desirable to draw those impacts to highways and not bring more cars onto local streets. Councilor Shaw asked about the Planning Commission recommendation with minor changes and if it would ensure that a Tesla non-service OEM could be allowed. Senior Planner Shanks said a sales-only car dealership is allowed currently within the code. Councilor Shaw asked for an impact report on whether cars are in fact drawn to these areas. Ms. Shanks replied that Holman Automotive Group helped with a Transportation Planning Rule report and ODOT concurred that having a car dealership will not bring more traffic than uses already allowed in this area. Councilor Goodhouse asked whether Washington Square is in the subdistrict now and has already been allowed to have car dealerships. Senior Planner Shanks said they are not entertaining any dealership in particular but want to maintain as much flexibility as possible. She said they could strike a deal,but the requirement would be that everything would be indoors. TIGARD CITY COUNCIL MEETING MINUTES -June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.dgard-or.gov I Page 8 of 13 D. Public Testimony—Mayor Snider said written comments were received by noon today from Steve Presson from Holman Automotive Group and Michael Robinson representing Holman Automotive Group in support of the subdistrict modification, and Steven Pfeiffer representing Macerich and stating opposition. Phone-in Testimony: John Southgate, 503-956-5853, 10200 SW Taylor Street Suite 440, Portland, OR said he represented Benderson Development who owns the vacant property at 10065 SW Cascade Avenue,which formerly housed Toys R Us. He said because of this pending zoning action, they have officially signed a lease agreement with Tesla. They had several options for locations, and this space will bring new jobs and increase tax revenue in the area. They are ready to turn the lights back on at this location. He complimented staff and said they were great to work with. He had concerns that all inventory must be stored inside the building and said auto sales are not a one-size-fits-all situation. The mid-block site diminishes the visibility.They have crafted language to say most of their inventory would be indoors and some would be outdoors but screened from view by buildings. Staff has draft language along these lines. James Boglioli, 716-998-9915, 570 Delaware Avenue, Buffalo,NY said he represents Benderson and yielded his time unless there are questions. Jacob Knutson,480-205-3246, 11411 North Tatum Boulevard,Phoenix AZ, said in July 2017 a code amendment was approved to allow Jaguar Land Rover to build a beautiful retail operation including a jewel box building,green retail frontage as well as pedestrian connectivity to Greenburg Road. Prior to Jaguar that property stood vacant for a decade.Jaguar's success has led to demands for additional motor vehicle retail space. In the four years since the code amendment was approved, the retail mall industry has continued to evolve and as a mall developer, they need partnerships with local municipalities now more than ever. They are supportive of Washington Square remaining in the subdistrict, the subdistrict being expanded to include businesses along Cascade Avenue and staffs recommendation for the indoor screening standard as it aligns with their goals of an urban, pedestrian-friendly and walkable environment He firmly believes that autos being contained within four walls of a building makes auto no different than any other retail shop on the mall property. In some parts of the country Tesla is changing their business model from a showroom to a free-standing building that combines sales and service. He said he hopes Council considers keeping Washington Square Mall in the subdistrict. Robert Walter, 503-825-1730, 12505 SW Broadway Street Beaverton OR said he is the CFO for Bob Lanphere motorcycle store and they are very much in support of this amendment. It will allow them to be a conforming use. This change will allow them to add more employees and expand their business by 20-30 additional employees in family- wage,well paid jobs. He thanked Council for their support and looked forward to this happening. Mayor Snider said it was good to hear from a local business that has been operating in Tigard for decades. Tim Brunner, 503-825-1730, 11104 SE Stark Street Portland OR 97216, said he is the architect for Bob Lanphere. He has been doing work on this site for 28 years and has battled the zoning which has limited their ability to grow their business. This zone change TIGARD CITY COUNCIL MEETING MINUTES —June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 13 will allow them to expand, adding family-wage jobs which helps the local economy. He said this will overcome a large hurdle that they've had for a long time and they look forward to this change in the zoning. Michael Robinson, 503-407-2578, 1211 SW 5th Avenue, Suite 1900,Portland OR said he is the attorney representing Holman Automotive Group. He appreciated the staff report and how well staff has worked with them. They have looked at the proposed ordinance. Holman will put all their activities inside a gorgeous new building. Amending the subdistrict brings new revenue. Cascade Avenue has been moribund for the past few years. No one has opposed expanding the subdistrict. Our traffic engineer did a traffic analysis under the Transportation Planning Rule and it shows no adverse impact on any surrounding street or intersection. Oregon Department of Transportation agrees with that analysis. He responded to Councilor Newton's question of"why now?" and agreed it is always a policy decision,but the simple answer is that you have three new businesses that are ready to proceed. Given the separation from the Washington Square Mall by 217 you can be assured that developing the north end won't impede the larger planning efforts,but to delay it may cause the businesses and their family-wage jobs not to locate here. He hoped Council approves the compromise staff has worked out with mall property owners. Steve Presson, 954-995-5452, 911 NE 2nd Avenue Fort Lauderdale,FL,represents Holman Automotive Group. He said Holman won the bid on the Orchard property and as they looked at the site it seemed an outstanding opportunity for high visibility and is a quality site. The Holman Group was founded in 1929. They invest in communities and try to become part of them, rather than just servicing the community. He said they plan to build a 240,000 square foot structure and are bringing 150 employees with an $11.4 million annual payroll. He said they have a timing issue with BMW as well as a timing issue with electric vehicles.They need to handle nine additional EV models that will be coming out and they feel like their facility will be ready to handle this new project. He added that they truly welcome Tesla if they become part of the neighborhood. He echoed Mr. Robinson's comments about working with the city staff. Holman Automotive Group is on a tight timeline and he offered their compliments to City of Tigard staff in this effort. Maria Halsted,209-505-8836, 3305 Cedar Court,Lake Oswego OR said that Washington Square supports the alternative to the original plan as presented,which includes them remaining in the district. She said they do not have a plan to put in another car dealership but want to keep the flexibility. The company is likely to spend millions of dollars over the next decade as they position themselves for redevelopment. This will benefit Tigard. They know there will be a contraction in this space as the retail industry at large is evolving. They want to add enhanced entertainment and greenspace and have been in discussions to keep the property relevant and vital by developing it into mixed use. They want to continue to invest in the shopping center and create spaces in which people enjoy spending time. Trip generation rates for malls are 5 trips for 1,000 square feet. Auto sales are 2.5 trips per 1,000 square feet. She wished she had a photo to show Jaguar's state-of-the-art service center and how it does not impact the pedestrian environment. She understood the desire to strike while the iron is hot but urged staff not to rush this and take away their ability to develop their site.They support not removing the mall from the subdistrict. TIGARD CITY COUNCIL MEETING MINUTES —June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 10 of 13 Chris Clemow, 541-579-8315, 1582 Fedders Loop, Eugene OR said he is is the traffic engineer who did the transportation surveys on behalf of the Holman/BMW application. He said the surveys support the application before Council. The underlying conclusion is that the automotive uses are not the highest trip generating use allowed within the mixed-use commercial zone. Whether you add or remove auto dealerships doesn't matter in terms of trip generation. Adding it or retaining it will not significantly change transportation impacts and an addition on either side of 217 will not make any changes. E. Response to testimony by staff. Senior Planner Shanks concurred that the city is not concerned about trip generation, and the concern is about car circulation, different than trip generation. In terms of what both Maria Halsted and Jacob Knutson said,we are on the same page,moving forward. She said we are being cautious and mindful that we need to protect the pedestrian interests. She referred to John Southgate's concern regarding indoor storage and said there is language for those on the west side of 217 giving them the ability to store inventory or service behind a building, like the Benderson people suggested. F. Mayor Snider closed the public hearing. G. Council Consideration of Ordinance No. 21-13. Councilor Newton asked about page 17 of the findings. She said she has not seen evidence of the demand for new car dealerships, etc. She asked if it was possible that another user might come and want another type of subdistrict. Senior Planner Shanks said staff does have all the documentation and the report is based on what was learned through the technical analysis. She added that staff would not have put that in the findings if it could not be backed up with analysis. Mayor Snider said he was mildly excited that Tigard may have the beginnings of an "electric row," as most manufacturers think that is the future of automobile manufacturing. Councilor Goodhouse moved to approve Ordinance No. 21-13 with text amendments that include the mall as shown on the slide.* Councilor Shaw seconded the motion. City Recorder Krager read the number and title of the ordinance and conducted a roll call vote. ORDINANCE NO. 21-13— AN ORDINANCE ADOPTING AMENDMENTS TO TIGARD MUNICIPAL CODE TITLE 18 CHAPTER 18.670 (WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT) TO MODIFY THE LOCATION AND SIZE OF THE SUBDISTRICT THAT ALLOWS MOTOR VEHICLE SALES/RENTAL USES AND TO ADD AN INDOOR SCREENING REQUIREMENT FOR VEHICLE STORAGE AND SERVICING FOR MOTOR VEHICLE SALES/RENTAL USES LOCATED WEST OF HIGHWAY 217 (Land Use File: DCA2021-00001), as amended. TIGARD CITY COUNCIL MEETING MINUTES —June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 13 Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ *Alternative Text (with mall) Slide referred to in motion: Subdistrict. In addition to the land uses allowed in Table 18.120.I for the MUC zone,Motor Vehicle Sales/Rental is allowed as a primary use in the subdistrict identified on Map 18.670A. In addition to complying with all applicable development standards,Motor Vehicle Sales/Rental uses that are primary uses must meet the following standards: a. Properties located east of Hwy 217 must contain all sales and rental inventory and vehicle service areas inside a building inside, except for the existing Motor Vehicle Sales/Rental development located at the northwest corner of Highway 217 and Greenburg Road. b. Properties located west of Hwy 217 must contain all sales and rental inventory and vehicle service areas inside a building or behind a building such that inventory and service areas are not visible from Cascade Avenue. 6. NON-AGENDA ITEMS—This was heard at the beginning of the meeting. 7. ADMINISTRATIVE REPORT—City Manager Rymer reported on a few administrative items. • He thanked the Council for their support for Asian-Americans and Pacific Islanders and the LGBTQ community, as statements and actions by the City Council are important. • Community engagement continues. There were 790 responses to a survey about what people want to see in a connection to the Fanno Creek Trail from the Library. Option 1 was overwhelmingly approved,which prioritizes nature themed shapes and features. • The city team has a booth at the Tigard Farmers Market each Sunday with Councilors joining at times. • Oregon strawberries are available now so come to the Farmers Market on Sunday from 9-1:30. 8. EXECUTIVE SESSION: None. 9. ADJOURNMENT At 9:05 p.m. Councilor Shaw moved for adjournment. Councilor Goodhouse seconded the motion. City Recorder Krager conducted a roll call vote and Mayor Snider announced that Council was adjourned. TIGARD CITY COUNCIL MEETING MINUTES —June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 13 Yes No Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES -June 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 13 of 13 City of Tigard City Council Business Meeting Minutes June 22, 2021 1. BUSINESS MEETING A. At 6:30 p.m. Mayor Snider called the Tigard City Council meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Youth Councilor Calderon ✓ Councilor Goodhouse ✓ C. Pledge of Allegiance—Mayor Snider asked everyone to mute their mics and join him in the Pledge of Allegiance.A flag was projected on the screen. D. Call to Council and Staff for Non-Agenda Items— None. 2. PUBLIC COMMENT A. Follow-up to Previous Public Comment—Assistant City Manager Nyland said there was no follow-up to previous public comment. Fun fact: gas-powered leaf blowers generate as much tail pipe emissions in one hour as an automobile does in 100 miles. Cars emit that amount over a stretch of road for those 100 miles,but blowers emit that same amount in a small area. B. Public Comment—Written: There were no written public comments submitted. C. Public Comment—Phone-In: There were no calls. 3. COUNCIL LIAISON REPORTS Councilor Newton reported on the Public Safety Advisory Board (PSAB) and said there was an engaging conversation at the last meeting on procedural justice. She reminded the public that these meetings are available on YouTube for anyone to watch. The Community Development Block Grant (CDBG) Policy Advisory Board is currently working on a contract for shower trucks.These will be placed around Washington County on a scheduled basis to serve the homeless. Mayor Snider requested that she advocate for at least one truck in south county. TIGARD CITY COUNCIL MEETING MINUTES —June 22, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 8 Councilor Goodhouse reported that he attended the League of Oregon Cities Board of Directors meeting. This was the first time they had met in person in a year and a half. He joined a hardhat tour of the Viewfinder affordable housing project in the Triangle. Other events attended include the Tigard Turns the Tide year-end celebration and King City's State of the City program. Councilor Shaw noted the chlorine shortage and said the city is working to conserve water in Tigard and Lake Oswego. The Planning Commission recommended approval of the Housing Needs Analysis and final briefings for River Terrace 2.0 and Fanno Creek Trail Projects. Council President Lueb said the Parks and Recreation Advisory Board has been approached about installing turf on the other fields at Cook Park. She recommended everyone go see the turf baseball fields at Cook Park because they look great. In response to a question from Mayor Snider about financing for the Cook Park soccer fields, Council President Lueb said the conversations were just beginning to see if PRAB is open to discussing it and no decisions were made. Council Shaw asked if the soccer players had been surveyed to find out if this is what they want because artificial turf comes with more accidents and injuries. Council President Lueb said they are excited about it due to re is a lack of turf fields in the area for year-round play and one of the few turf fields is the one at Tigard High.There is a lot to consider,including the floodplain. Council President Lueb added that Library Board members will be appointed tonight. Youth Councilor Calderon said he was excited to be able to remain on the PSAB. He missed the Tigard Youth Advisory Committee meeting,but new Youth Councilor Nag was able to attend and connect with them.TYAC is looking at helping with Movies in the Park this summer. Mayor Snider reported that the Washington County Coordinating Committee is working on identifying what should be in the next phase of the MSTIP (Major Streets Transportation Improvement Program). The police reform bills moved forward in the legislature,including the one Representative Grayber and he wrote. Governor Brown signed it into law. He noted he wrote his first piece of state legislation when he was 15-16 years old,but this is the first to become law. 4. CONSENT AGENDA: (Tigard City Council) A. RECEIVE AND FILE: CERTIFICATION OF MAY 18,2021 ELECTION RESULTS City Recorder Krager confirmed that the certified May 18, 2021 election results were received from Washington County. Measure 34-305 -Approval of a Substantial Amendment to the City Center Urban Renewal Plan passed with 65.35% of the votes in favor. Council President Lueb moved to approve the Consent Agenda as presented. Councilor Shaw seconded the motion. City Recorder Krager conducted a roll call vote. Yes No Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Mayor Snider announced that the Consent Agenda was approved. TIGARD CITY COUNCIL MEETING MINUTES —June 22, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 8 5. CONSIDER RESOLUTION OF THANKS FOR YOUTH CITY COUNCILOR EMILIO CALDERON Mayor Snider said he and the entire Council wanted to express their appreciation to Youth Councilor Calderon on this, his last meeting as the City of Tigard's Youth Councilor but would first act on a resolution. Councilor Newton moved to approve Resolution No. 21-22. Councilor Shaw seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. Resolution No. 21-22 -A RESOLUTION THANKING EMILIO CALDERON FOR HIS SERVICE AS TIGARD'S YOUTH CITY COUNCILOR Yes No Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Mayor Snider said Youth Councilor Calderon maintained his professionalism and provided good insight during this extremely challenging year. He said it speaks to how well Youth Councilor Calderon did his work that he was proposing the future youth councilor be allowed to provide a non-binding advisory vote. He suggested she vote first so Council could consider the youth perspective before voting. Council President Lueb thanked him for his engagement and representation of young people in Tigard. She said he was an asset to the city and council and thanked him for making them laugh. Councilor Newton reminisced about meeting Emilio when he was a freshman in high school and Tigard Youth Advisory Council Chair,and she thought, "this person is going places." She noted he approached community issues from the youth perspective but also with the idea that he could make a difference. She supported the mayor's idea of allowing an advisory vote. Councilor Goodhouse said Youth Councilor Calderon did an excellent job at the National League of Cities Conference in Washington DC,meeting with congresspersons and senators and jumping in with thoughtful and intelligent questions. He noted that Emilio was even offered jobs. He asked if the non-voting alternates on boards and committees would also be allowed to give an advisory vote if Council allows the Youth Councilor to vote. Mayor Snider elaborated on his suggestion that youth councilors cast advisory votes. He said to allow other than an advisory vote would require the city to change its Charter. But then there would be an even number of council members which creates another challenge when voting. TIGARD CITY COUNCIL MEETING MINUTES -June 22, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 8 Councilor Shaw noted that she didn't get to work with Youth Councilor Calderon as long as others on the Council, but she appreciated his contributions and was really excited to see what the future holds for him. She added if he wanted to run for office, to give her a call. Youth Councilor Calderon said it was good to have friends in high places! He thanked everyone for the opportunity and said this was valuable to his life and the experience changed him. He appreciated the detailed resolution and said it would be the coolest submission for proof of volunteer work. He said he learned a lot and hadn't realized there was so much to know about things like water, streets or parks. He commented that it was good to know what a city does and where taxpayer dollars go. 6. CONSIDER APPOINTMENTS OF TIGARD LIBRARY BOARD MEMBERS AND ALTERNATE Library Director Bernard introduced this agenda item and said she was honored to recommend four outstanding community members for appointment to the Tigard Library Board. She thanked outgoing members Katie Harris, Suzanne Sikora and Gail Stephens. Interviews were held on June 2nd and returning Board Member Mary Bogert and new appointee Candice Coleman were selected for four-year terms, Ellen Knepprath was selected for a three-year term and Alan Smith was selected as an alternate for a two-year term. Terms are effective July 1, 2021. Mary Bogert, Candice Coleman, Ellen Knepprath and Alan Smith were in attendance virtually and introduced themselves. Council President Lueb moved to approve Resolution No. 21-23. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. Resolution No. 21-23 -A RESOLUTION APPOINTING MARY BOGERT AND CANDICE COLEMAN TO THE TIGARD LIBRARY BOARD FOR A TERM OF FOUR YEARS,AND APPOINTING ELANA KNEPPRATH TO THE TIGARD LIBRARY BOARD FOR THE TERM OF THREE YEARS, AND APPOINTING ALAN SMITH AS AN ALTERNATE FOR A TWO- YEAR TERM Yes No Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Mayor Snider announced Resolution No. 21-23 was adopted unanimously and asked staff to make sure City of Tigard pins are mailed to all appointees. TIGARD CITY COUNCIL MEETING MINUTES —June 22, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 8 7. CONSIDER RESOLUTION EXTENDING THE CITY'S EMERGENCY DECLARATION RELATED TO COVID-19. City Attorney Rihala gave the staff report for this eighth extension of the City of Tigard's Covid- 19 emergency declaration.This extension will continue eligibility for outside assistance, financial or otherwise. She noted that some surrounding jurisdictions are lifting their emergency declarations,but this extension will allow the City of Tigard to wrap up its efforts and extend resources. The expiration date of the extension is August 31, 2021. Council President Lueb moved to approve Resolution No. 21-24. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. Resolution No. 21-24 -A RESOLUTION OF THE CITY OF TIGARD EXTENDING THE CITY'S EMERGENCY DECLARATION RELATED TO COVID-19 Yes No Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Mayor Snider announced that Resolution No. 21-24 was approved unanimously. 8. CONSIDER APPROVAL OF RESOLUTION TO EXTEND TIGARD AID PROGRAM Utility Billing Supervisor Chavez-Hernandez gave the staff report. The proposed resolution enhances the Tigard AID program and extends it until funds are expended. Currently only those unemployed or under employed are eligible for utility bill assistance. However,in the past several months staff has seen there are many other COVID-related financial impacts. Childcare costs have skyrocketed. There are increased costs due to quarantining,paying for deliveries and extra expenses they normally would not have to budget for. And unfortunately, some in the Tigard community have lost family members to COVID-19 and there are costs associated with that. Expanding eligibility will allow more customers to access Tigard AID funds. The demand for residential assistance has outpaced the requests for commercial assistance so the recommendation is to move the aid into one fund so it can be dispersed based on need. Disconnections for non-payment started up again April 1. Staff is doing more outreach to customers set for disconnection and due to this access, they have increased communications about Tigard AID. Many customers did not realize they were eligible. He and his staff see people apply for one to two months but owe for many more months and staff can help them determine if they are eligible for those previous months.A lot more contact and spreading the word on Tigard AID needs to be done. He highlighted some numbers. From April to June 2020 when the program started, only$2,309 in adjustments to utility bills were made. From January to March 2021, $109,387 in adjustments were made and starting with disconnections on April 1 through June 14, there were $185,282 in TIGARD CITY COUNCIL MEETING MINUTES -June 22, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 8 adjustments made, so he assumes they will be well above $200,000 for that quarter. The total amount used is $360,028 out of the $750,000 available for a balance of roughly$389,000. With greater outreach efforts he expects the city will be able to use these funds. There are. 5-6 requests per day, most for multiple months in unpaid bills. He said customers are very grateful and staff can hear the relief in their voices when they explain the AIS process. Councilor Shaw asked if the goal was to spend the money or help people by combining business and residential aid. Utility Billing Supervisor Chavez-Hernandez said it was both. There is a lot of need and the funds are there to make sure these customers can get their accounts in good shape and hopefully, they will have a clean slate after the pandemic. Council Newton noted she supervised Utility Billing for a while when she was Assistant City Manager, and they are hardworking and try to put the customer first. She was glad to hear about the increased outreach and had been concerned that the funds were not getting spent because people were just not connecting with the information. Mayor Snider supported the approach of combining the residential and business aid so the city can do the most good for the most people. He did not want there to be unused aid that could have been used to assist the community. Councilor Goodhouse asked that staff be thorough on the business side and noted they are still coming out of the pandemic. He asked that they continue the program for those that pay utilities through their landlord or apartment owner. Mayor Snider noted there is confusion with all the different programs and message variations. Utility Billing Supervisor Chavez-Hernandez said their team is focusing on making sure the most up- to-date information on the program is publicized. He noted there is still some apprehension about applying for assistance. Customers ask if it will affect their taxes. They worry that information they need to provide for the form will be too invasive until it is explained to them that the application is minimal. Questions are answered over the phone and then people can go online to complete the application. Staff communicates to customers that the city wants to support families,businesses, and landlords. Council President Lueb moved to approved Resolution No. 21-25 and Councilor Shaw seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote. Resolution No. 21-25 - A RESOLUTION REPEALING RESOLUTION 20-50, EXPANDING ELIGIBILITY FOR TIGARD'S PROGRAM TO PROVIDE A MONTHLY UTILITY PAYMENT FOR UTILITY BILLING CUSTOMERS FINANCIALLY AFFECTED BY THE COVID-19 PANDEMIC, EXTENDING THE DURATION OF THE PROGRAM UNTIL FUNDS ARE EXPENDED,AND COMBINING THE RESIDENTIAL AND BUSINESS PROGRAM FUNDS TIGARD CITY COUNCIL MEETING MINUTES —June 22, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 8 Yes No Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ Mayor Snider announced that Resolution No. 21-25 was adopted unanimously. 9. NON-AGENDA ITEMS—None. 10. ADMINISTRATIVE REPORT—City Manager Rymer reported on administrative items. He thanked Council for their support for Tigard AID and said Mr. Chavez-Hernandez and his team exemplified Council's Five E's, especially Excellence and Engagement. Library Board members were congratulated. He thanked Youth Councilor Calderon for being a fantastic youth member of the council and noted that he was intrigued by Tigard having this position. He liked getting input from the youth perspective. Tigard's Parks system received a$78,000 waterway access grant for the Cook Park boat dock. The Library had community members assisting with planting over 200 plants. It has been hot and with the chlorine shortage, they are minimizing water.The plants chosen, once through their first or second year,will be sustainable. There are 12 works of art from Metzger Elementary displayed at Universal Plaza. Police Chief McAlpine reported that all officers are equipped with and trained to use body-worn cameras. Dashcams will be installed near the end of July. City Manager Rymer thanked city employees Kyle Henderson and James Mason. Officer Henderson received an award for lifesavings actions he took on May 24 when responding to a fentanyl overdose. Utility Billing employee Mason was out doing service calls when he smelled natural gas. He was curious about the source,heard hissing in an open garage and knocked on the door to alert residents to clear the house and then called 911 for the fire department. 11. EXECUTIVE SESSION: None. 12. ADJOURNMENT Councilor Goodhouse motioned for adjournment at 7:25 p.m. Councilor Shaw seconded the motion. City Recorder Krager conducted a roll call vote. Mayor Snider asked Youth Councilor Calderon if he wanted to cast an advisory vote of no. Yes No Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES -June 22, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 8 Carol A. Krager, City Recorder Attest: Jason B. Snider,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —June 22, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 8 ® City 0_T City Council Special Meeting Minutes TIGARD July 1, 2021 1. BUSINESS MEETING A. At 5:30 p.m. Mayor Snider called the Special Meeting to order. B. City Recorder Krager called the roll: Present Absent Councilor Goodhouse ✓ Councilor Newton ✓ Council President Lueb ✓ Councilor Shaw ✓ Mayor Snider ✓ Youth Councilor Nag ✓ Mayor Snider gave some opening remarks. The extreme hot and dry weather over the past few weeks has raised concerns from many community members about the upcoming Fourth of July and the country's usual practice of using large quantities of fireworks. He called this Special Meeting to recognize there is an emergency and the public is demanding that Council consider action that should be taken to protect our community given these conditions. 2. PUBLIC COMMENT Mayor Snider summarized the feedback received and said as of 3:00 p.m. today 152 different communications were received and 94%were in favor of banning fireworks and 6%were not supportive. Reasons people gave for a ban were the high fire risk, concerns that since other communities were already banning them people would bring them to Tigard to set off, and poor air quality. Reasons against a ban were that it would be an overreaction,was too late to implement, and people need freedom to celebrate. 3. CONSIDER RESOLUTION RATIFYING AN EMERGENCY DECLARATION RELATED TO MITIGATING THE RISKS OF FIRE DANGER Mayor Snider asked for the legal definition of a firework and City Attorney Rihala said the definition under ORS 480 is fireworks or other pyrotechnic devices that are capable of producing audible,visual, mechanical or thermal effects through combustion, deflagration or detonation. Mayor Snider said Council is seeking input,guidance and empirical evidence from the experts, TVF&R and Tigard Police. TIGARD CITY COUNCIL MEETING MINUTES -July 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 5 TVF&R Chief Hallman said with record breaking weather and drought conditions,Tualatin Valley Fire and Rescue is urging people not to use fireworks this year. They recommend attending professional shows,watching them on TV or just celebrating without fireworks. Even without a drought,the Fourth of July is the busiest time for emergency services. The laws are complex and confusing but as a rule,TVF&R does not have the authority to ban the use of legal retail fireworks. They are not advocating a particular decision. Mayor Snider asked what Chief Hallman's recommendation was and he replied that they will support whatever Tigard decides to do. If Tigard has a ban, they will support it. They represent 11 cities and respect what each city's council decides to do. Mayor Snider asked if there were conditions where legal fireworks were safe to use, such as lighting them on impervious surfaces and having a hose handy. Chief Hallman said even in normal weather conditions there is still the potential for fires, and we have conditions now where if someone threw a lit cigarette out a window,it could cause a wildfire. He said science shows us we have a reason right now to be hypersensitive. In 2020, 18 fires were caused by fireworks. Mayor Snider asked if there was evidence that a ban on legal fireworks will result in fewer fires and Chief Hallman said that was unknown; this is new territory. They are seeing a reaction in that firework sales are falling, and some stores are removing them from their shelves because they are concerned about fires. Councilor Goodhouse asked of the 18 fires last year, how any were from legal vs illegal firework. Chief Hallman said their stats do not indicate that. Council President Lueb asked if the bans are something that spans just the holiday or the entire season. Chief Hallman said their message right now is just for the holiday. There is hope the weather pattern will change. He said he believes some cities banned just the 4th but others extended their ban beyond the holiday. Chief McAlpine said during a typical 4th of July the Police Department receives a lot of complaints. It is hard to make a dent in the number of calls received. Last year there were 47 calls, in 2019 there were 48 and 37 in 2018. Most calls come in around 9-10 p.m. Given that police are also responding to domestic violence and DUII calls, the fireworks are lower priority and she acknowledged that people are disappointed when there is not an immediate response.This year Tigard will bring in graveyard officers earlier and disperse them to handle fireworks complaints. A light duty officer will respond to calls and forward information to officers. They sent letters to addresses that were reported for fireworks calls last year to remind them that police will be out there responding to complaints. She noted that when it comes to fireworks, police are set up for failure. She came from a city that had zero fireworks allowed and spent$500,000 for enforcement but it still felt like a war zone. She said when a city bans them completely,people disregard it. Mayor Snider asked for her professional recommendation on an all-out ban and she responded that, "People are going to do what they want to do." We ban it this year, you might get a small percentage who do it because you said they couldn't.What percentage will do their part to keep the city safer? She supports it but wants to manage expectations. It is our community that decides whether they will celebrate in a risky way or maybe understand the risk and agree to celebrate a little differently this year. Tigard Police will be visible,but it also depends on what other calls we get. TIGARD CITY COUNCIL MEETING MINUTES -July 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 5 In response to a question on whether the city can ban sales of fireworks, City Attorney Rihala said cities can ban sales,but this would be a longer-term discussion. Due to the late date, this might be a subject for next year. Council President Lueb and Youth Councilor Nag supported a ban. Youth Councilor Nag had scanned her social media for peer opinions on this and they were overwhelmingly in support of a ban and are willing to celebrate differently this year. Councilor Goodhouse said he looks at the two sides. We are in an extremely dry situation, but it depends on how we handle them. He said he is against banning the sale of fireworks since non- profit organizations use their sales to fiandraise. Yet if we ban their use,it is almost impossible to enforce. He noted that some people just want to know what the fine is. He added that if Tigard bans through July 9, as Tualatin did, there will be "Fourth of July" on July 10th. Mayor Snider asked the TVF&R Chief if there would be any value to thinking about setting up a safe space where there is an engine ready to douse anything out of control, such as at Washington Square or Cook Park. Chief Hallman said unfortunately their resources are already stretched thin as they lost some resources to help with the wildfires happening in The Dalles.There are two professional shows that TVF&R must attach resources to in North Plains and West Linn. He said they could talk about this for next year but cannot support it this year. Councilor Goodhouse asked if Tigard could make a fine for illegal fireworks. City Attorney Rihala said we cannot make a criminal statute but could raise our violation fine which is currently$250 minimum. She said there is the ability to increase it up to $1,000 per offense. She clarified that each day is a separate offense,not each item. In response to a question from Mayor Snider, City Attorney Rihala noted that with two councilors absent,it would take three votes for anything to pass. Councilor Goodhouse suggested having a ban until July 9 and asking the governor to do a statewide ban until September 1. City Attorney Rihala said the Governor's office has been asked to consider a ban, but the State does not have authority to ban fireworks, nor does Washington County. Due to home rule authority,it is only the cities that can ban them within their boundaries. Council President Lueb expressed concern that if Tigard does not enact a ban,it invites people to come into our city limits to use their fireworks. Mayor Snider commented that the hospital system has been taxed as never before. Hospitals are fuller now than they were during COVID peaks. It is not the time to drive more emergency calls is his point. Youth Councilor Nag had an idea to incentivize people to turn in fireworks for raffle tickets. Mayor Snider asked if the city should offer to buy remaining inventory from vendors at wholesale prices and use them in the fall when safer to do so. Mayor Snider asked City Manager Rymer if staff could come up with ideas to incentivize people not to use their already purchased fireworks. Mr. Rymer said staff would need to spend time discussing how to safely collect them or what could be done financially. TIGARD CITY COUNCIL MEETING MINUTES —July 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov ( Page 3 of 5 Councilor Goodhouse moved to approve Resolution No. 21-26 and ban all fireworks in the City of Tigard through July 9th and to increase the fine for illegal fireworks to $1,000 through September 1. Council President Lueb seconded the motion. City Recorder Krager read the number and title of the resolution and conducted a roll call vote: Resolution No. 21-26 -A RESOLUTION OF THE CITY OF TIGARD RATIFYING AN EMERGENCY DECLARATION TO TAKE STEPS DEEMED APPROPRIATE BY THE TIGARD CITY COUNCIL TO MITIGATE THE RISK OF FIRE DANGER, as amended Yes No Councilor Goodhouse ✓ Councilor Newton (absent) Council President Lueb ✓ Councilor Shaw (absent) Mayor Snider ✓ City Manager Rymer added that TVF&R already has a program in place to safely accept and dispose of fireworks and we will get this word out to the community. Mayor Snider advised that staff should be prepared to get the message out on the ban and fine right away and City Manager Rymer said that was the intent. 4. NON-AGENDA ITEMS None. 5. EXECUTIVE SESSION None scheduled. 6. ADJOURNMENT At 6:34 p.m. Councilor Goodhouse moved for adjournment. Council President Lueb seconded the motion. City Recorder Krager conducted a roll call vote. Yes No Councilor Goodhouse ✓ Councilor Newton (absent) Council President Lueb ✓ Councilor Shaw (absent) Mayor Snider ✓ Mayor Snider announced that the motion passes 3-0. Mayor Snider announced that the meeting was adjourned. TIGARD CITY COUNCIL MEETING MINUTES —July 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 5 Carol A. Krager, City Recorder Attest: Jason B. Snider, Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —July 1, 2021 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 5 AIS-4803 4. B. Business Meeting Meeting Date: 12/14/2021 Length (in minutes): Consent Item Agenda Title: LOCAL CONTRACT REVIEW BOARD—CONTRACT AWARD FOR 2022-08 MAIN STREET PHASE 2 IMPROVEMENTS Prepared For: Christine Moody Submitted By: Machelle Stephens, Finance and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda- LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The Local Contract Review Board may consider and award a contract for Main Street Phase 2 Improvements. STAFF RECOMMENDATION /ACTION REQUEST The team recommends that the Local Contract Review Board (LCRB) award a contract to Lee Contractors, LLC for the Main Street Phase 2 Improvements in the amount of$3,286,215.00 and direct the City Manager to take the steps necessary to execute the contract. KEY FACTS AND INFORMATION SUMMARY This project is phase 2 of the Main Street improvements and covers the area from Main Street's intersection with Scoffins Street to the railroad crossing,with additional work at the intersection of Main Street and Tigard Street. This will be a continuation Main Street Phase 1 which covered the area from Main Street's southwestern intersection with Pacific Highway to the railroad crossing. This project will reconstruct the sidewalks and street surface across the entire right-of-way,install decorative LED streetlights,improve safety for pedestrian crossings,improve transit stops, and provide streetscape items such as street furniture and landscaping. It includes design and installation of LIDA green street elements and other stormwater management facilities to serve this section of Main Street, plus additional currently untreated impervious areas if possible.The project also includes the replacement of an existing 8"waterline. Formal Invitation to Bid 2022-08 was issued on October 8,2021. The City received 10 bids from the following firms: 1.Lee Contractors,LLC - $3,286,215.00 2.Kerr Contractors,LLC - $3,678,826.00 3.Pacific Excavation, Inc. - $3,715,000.00 4.Lawson Corporation - $3,876,888.00 5.Brown Contracting, Inc. - $3,888,888.00 6.Icon Construction - $4,059,364.40 7.D &D Concrete&Utilities - $4,064,131.00 8.Nutter Corporation - $4,122,700.32 9.Kodiak Pacific Construction - $4,351,551.00 10.Wildish Standard Paving Company- $5,643,020.26 Staff reviewed the bids and determined that Lee Contractors,LLC has submitted the lowest responsible base bid. The company has no State of Oregon Contractor Construction Board violations and is not on the Bureau of Labor and Industries ineligible list. OTHER ALTERNATIVES The Local Contract Review Board may reject all bids and direct staff to evaluate and resolicit bids. This would extend the project timeframe and delay the project. COUNCIL GOALS, POLICIES,APPROVED SYSTEM PLANS Strategic Plan: Priority 2.2—Tigard's pedestrian network is attractive, accessible, safe, and well maintained. This project is part of the City of Tigard Downtown Improvement Plan, adopted September 27, 2005. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Cost: $3,286,215 Budgeted (yes or no): yes Where budgeted?: Multiple Accounts Additional Fiscal Notes: This contract is funded by the City Gas tax, Urban Renewal,Water Quality Fund, and a Metro Grant of $533,000. Attachments No file(s) attached. AIS-4819 4. C. Business Meeting Meeting Date: 12/14/2021 Length (in minutes): Consent Item Agenda Title: LOCAL CONTRACT REVIEW BOARD -AWARD A CONTRACT TO CARAHSOFT TECHNOLOGY CORP. Prepared For: Christine Moody Submitted By: Christine Moody, Finance and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda- LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The Local Contract Review Board may consider and award a contract for Storage Area Network, server hardware,licensing, and maintenance. STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Local Contract Review Board award a five-year contract to Carahsoft Technology Corp. for the purchase of Storage Area Network, server hardware,licensing and maintenance in the amount of$423,000.00 and direct the City Manager to take the steps necessary to execute the contract. KEY FACTS AND INFORMATION SUMMARY The Information Technology(IT) department asked for and received a budget package in the current budget year, Fiscal Year 2022, to replace the storage systems in use for Tigard data. Through the process of identifying replacement storage systems, the IT department realized that newer technologies could benefit the Tigard IT Infrastructure and more efficiently utilize the funds allocated to the project. Through research, IT determined that a Hyperconverged solution (HCI) that combines both storage and compute into one unit is the path for Tigard's future IT infrastructure.The proposed HCI solution replaces both the storage infrastructure and server infrastructure simultaneously in the same project.The combining of the two components (storage and compute) into one solution and project has allowed us to best utilize the funds allocated in the current fiscal year while adopting newer technologies than what have been previously used into the IT environment. This solution will also eliminate an upcoming FY23 project need and request for funding for a server infrastructure replacement project. The City has found Carahsoft Technologies Corp. holds a cooperative contract through NASPO ValuePoint in which the State of Oregon has signed a Participating Addendum. As such, the City is eligible to make a Permissive Cooperative Procurement per Tigard Public Contracting Rule 10.087. This allows the City to obtain best pricing and utilize an existing contract, saving both time and money. OTHER ALTERNATIVES The Local Contract Review Board may choose to not enter into this contract and direct staff to issue a Request for Proposals. This would delay the purchase and most likely will end up with less favorable pricing. COUNCIL OR TCDA GOALS, POLICIES, SYSTEM PLANS City Strategic Plan 2020-2025 Priority 1 —Set the standard for excellence in public service and customer experience. Objective 1.1: Be a high performing workplace with seamless service delivery. DATES OF PREVIOUS CONSIDERATION N/A Fiscal Impact Cost: $423,000 Budgeted (yes or no): Yes Where Budgeted (department/program): IT Budget Additional Fiscal Notes: FY22 IT Budget Attachments No file(s)attached. AIS-4822 5• Business Meeting Meeting Date: 12/14/2021 Length (in minutes): 5 Minutes Agenda Title: Consider Resolution Extending the City's Emergency Declaration Related to COVID-19 Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution - Main Public Hearing: No Publication Date: Information ISSUE Consider extension of the City's emergency declaration related to COVID-19. STAFF RECOMMENDATION /ACTION REQUEST The team recommends Council extend the City's COVID-19 emergency declaration until June 30, 2022. KEY FACTS AND INFORMATION SUMMARY This is the tenth extension of the City's Covid-19 emergency declaration. The original declaration was ratified by Council on March 17,2020. The emergency declaration allows for coordination with outside entities for assistance,including facilitating reimbursement for costs of supplies, materials, and overtime as well as authorizing personnel policies around leave and remote work, among other things. In light of the recent emergence of the omicron variant and the significant amount of uncertainties surrounding it, this extension provides additional time for the City to assess and address potential impacts. OTHER ALTERNATIVES Council could let the current emergency declaration expire on December 31, 2021 or extend it to an alternative date. COUNCIL GOALS, POLICIES,APPROVED SYSTEM PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION •March 17,2020: Council ratifies Mayor's emergency declaration. *April 21, 2020: Council approves first extension to the emergency declaration. •May 26, 2020: Council approves second extension to the emergency declaration. •June 23, 2020: Council approves third extension to the emergency declaration. •July 28, 2020: Council approves fourth extension to the emergency declaration. •September 22,2020: Council approves fifth extension to the emergency declaration. •December 1, 2020: Council approves sixth extension to the emergency declaration. •March 23,2021: Council approves seventh extension to the emergency declaration. •June 22, 2021: Council approves eighth extension to the emergency declaration •August 24, 2021: Council approves ninth extenstion to the emergency declaration Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21- A RESOLUTION OF THE CITY OF TIGARD EXTENDING THE CITY'S EMERGENCY DECLARATION RELATED TO COVID-19 WHEREAS,Tigard Municipal Code (TMC) Chapter 7.74, the City's Emergency Management Code, as well as ORS 401.305, authorize the City to establish an emergency management agency, including the authority to establish policies and protocols for defining and directing responsibilities during a time of emergency;and WHEREAS,pursuant to TMC 7.74.040,a local emergency exists whenever the City or an area impacting part of the City is suffering, or in imminent danger of suffering, an incident that may cause injury or death to persons, including a disease or pandemic;and WHEREAS,TMC 7.74 and ORS 401.309 authorize certain actions to be taken during a state of emergency when necessary for public safety or for the efficient conduct of activities to minimize or mitigate the effects of the emergency;and WHEREAS,the Governor has declared a state of emergency for the State of Oregon and the Washington County Board of Commissioners has declared a state of emergency for Washington County;and WHEREAS,this declaration is in support of the COVID-19 public health response;and WHEREAS,pursuant to TMC 7.74.070,the Tigard City Council ratified the Mayor's emergency declaration on March 17,2020;and WHEREAS,TMC 7.74.070.E says that the declaration must limit the duration of the state of emergency to the period of time during which the conditions giving rise to the declaration exist or are likely to remain in existence; and WHEREAS,on April 21,2020,the Tigard City Council extended the duration of the City's emergency declaration to May 31,2020;and WHEREAS, on May 26, 2020, the Tigard City Council extended the duration of the City's emergency declaration to June 30, 2020; and WHEREAS, on June 23, 2020, the Tigard City Council extended the duration of the City's emergency declaration to July 31,2020; and WHEREAS, on July 28, 2020, the Tigard City Council extended the duration of the City's emergency declaration to September 30,2020;and WHEREAS, on September 22, 2020, the Tigard City Council extended the duration of the City's emergency declaration to December 2,2020; and WHEREAS, on December 1, 2020, the Tigard City Council extended the duration of the City's emergency declaration to March 31,2021; and RESOLUTION NO.21- Page 1 WHEREAS, on March 23, 2021, the Tigard City Council extended the duration of the City's emergency declaration to June 30, 2021; and WHEREAS, on June 22, 2021, the Tigard City Council extended the duration of the City's emergency declaration to August 31,2021;and WHEREAS, on August 24, 2021, the Tigard City Council extended the duration of the City's emergency declaration to December 31,2021; and WHEREAS,while still dealing with the delta variant,the omicron variant has recently emerged and is raising new questions and uncertainties;and WHEREAS,Council finds it necessary to extend the emergency declaration in order to continue its response efforts. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council declares the response to COVID-19 constitutes a continuing state of emergency. SECTION 2: The local emergency exists within the territorial limits of the City of Tigard. SECTION 3: COVID-19 constitutes an urgent threat to public health, requiring additional resources and protective measures to protect the health of City staff, family members, and the Tigard community. SECTION 4: A local emergency authorizes City officials to take the following measures: A. The City and its officials are authorized to take such actions and issue such orders as described in Tigard Municipal Code 7.74 as are determined necessary to protect lives and property and to efficiently conduct activities that minimize or mitigate the effect of the emergency. B. The emergency procurement of goods and services is authorized pursuant to the Oregon Public Contracting Code,Tigard Municipal Code 2.46, and the City of Tigard Local Contract Review Board Public Contracting Rules. C. To protect the health of City employees,the City may issue emergency rules or guidance on the use of sick leave, telework,remote work,or other policies that will be in effect only for the duration of the emergency. D. To respond to the emergency,and to particularly ease burdens on businesses and service sector workers,the City may relax or adjust enforcement of City codes,including but not limited to parking restrictions downtown. E. To continue to manage and receive necessary supplies and assistance,including but not limited to personal protective equipment, the City has activated its Emergency Operations Center and centralized logistics. The City may request additional assistance as needed,including through mutual assistance agreements,the Cooperative Public Agencies of Washington County (CPAWC),Medical Reserve Corps,and the American Red Cross,among others. RESOLUTION NO.21- Page 2 SECTION 5: This declaration of emergency will remain in effect until 12pm on June 30,2022. SECTION 6: This resolution repeals and replaces Resolution 21-32 and is effective immediately upon passage. PASSED: This day of 2021. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.21- Page 3 AIS-4773 6, Business Meeting Meeting Date: 12/14/2021 Length (in minutes): 10 Minutes Agenda Title: Consider a Resolution Appointing Members to the Town Center Advisory Commission Submitted By: Sean Farrelly, Community Development Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Consider a resolution reappointing Derrick Wright and appointing Travis Diskin and Lindsay Gregg as voting members, appointing Carolyn Hyink as a non-voting alternate member, and reappointing Justin Watson as a non-voting ex-officio member of the Town Center Advisory Commission. STAFF RECOMMENDATION /ACTION REQUEST The team recommends approval of the resolution. KEY FACTS AND INFORMATION SUMMARY The Town Center Advisory Commission (ICAC) is the advisory body to the Town Center Development Agency on Tax Increment Financing District issues.There are three voting positions, up to two alternate positions and up to two ex-officio positions on the TCAC whose terms expire on December 31, 2021. To promote this volunteer opportunity, the city's Communications Division had an extensive recruitment process,using a variety of outreach methods,including several social media platforms. The Appointment Advisory Committee, consisting of Councilor John Goodhouse and TCAC Chair Ryan Ruggiero interviewed seven eligible candidates. The committee recommended Derrick Wright,Travis Diskin, and Lindsay Gregg for appointments as voting members to three-year terms ending December 31, 2024; Carolyn Hyink as an alternate member for a one-year term ending December 31,2022; and Justin Watson as an ex-officio member for a one-year term ending December 31, 2022. Attachment 1 is a Resolution appointing the recommended candidates. Attachment 2 has biographical information on all recommended appointees. OTHER ALTERNATIVES Council could decide to not approve some, or all,of the recommendations. This would necessitate reopening the recruitment. COUNCIL GOALS, POLICIES,APPROVED SYSTEM PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION December 15, 2020 - Consider a Resolution to Appoint Town Center Advisory Commission Members Attachments TCAC Appointment Resolution TCAC Bios CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21- A RESOLUTION REAPPOINTING DERRICK WRIGHT AND APPOINTING TRAVIS DISKIN AND LINDSAY GREGG AS VOTING MEMBERS,APPOINTING CAROLYN HYINK AS A NON- VOTING ALTERNATE MEMBER,AND REAPPOINTING JUSTIN WATSON AS A NON- VOTING EX-OFFICIO MEMBER OF THE TOWN CENTER ADVISORY COMMISSION. WHEREAS, there currently exists three vacancies for voting members, up to two vacancies for non-voting alternate members and up to two non-voting ex officio members of the Town Center Advisory Commission; and WHEREAS,the Appointment Advisory Committee recommends that Council reappoint Derrick Wright and appoint Travis Diskin and Lindsay Gregg as voting members;and WHEREAS, the Appointment Advisory Committee recommends that Council appoint Carolyn Hyink as a non-voting alternate member; and WHEREAS, the Appointment Advisory Committee recommends that Council reappoint Justin Watson as a non-voting ex-officio member. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Derrick Wright is reappointed, and Travis Diskin and Lindsay Gregg are appointed as voting members to fill terms that expire December 31,2024. SECTION 2: Carolyn Hyink is appointed as a non-voting alternate member to fill a term that will expire December 31,2022. SECTION 3: Justin Watson is reappointed as a non-voting ex-officio member to fill a term that will expire December 31,2022. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2021. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.21- Page 1 TOWN CENTER ADVISORY COMMISSION RECOMMENDED APPOINTEES BIOGRAPHICAL INFORMATION On December 14,2021,the Tigard City Council will consider a Resolution to reappoint Derrick Wright and appoint Travis Diskin and Lindsay Gregg as voting members,appoint Carolyn Hyink as a non-voting alternate member,and reappoint Justin Watson as a non-voting ex-officio member of the Town Center Advisory Commission. Below are candidate provided biographies. Travis Diskin is the owner of Curiosities Vintage on Main Street and a resident of Tigard. Prior to owning Curiosities,Travis worked on statewide political campaigns. He is currently a board member of the Tigard Downtown Alliance. Lindsay Gregg has lived in Tigard with her husband for almost 4 years. She is passionate about sports,wellness,local food and drink and the outdoors. She works full time for a sports goods company, has been an assistant varsity girls basketball coach at a local high school for 8 years, and became a mom during the pandemic. Carolyn Hyink grew up in Lake Oswego and moved away in 1987 to begin her high technology career at Microsoft. Carolyn retired 30 years later from IBM as a User Experience Design Executive. After her retirement in 2017, she moved back to Tigard in 2019 to be near her sisters her old high school friends and to enjoy the Pacific NW again. Since retiring Carolyn has done a range of volunteer activities ranging from the American Red Cross,Ronald McDonald House,horse therapy, pet therapy and is a currently a nest monitor for the Prescott Bluebird Recovery Project. Carolyn serves on the board of her HOA as Treasurer and serves on the Prescott board as Secretary. Justin Watson has worked and volunteered in the Tigard area for 8 years. He brings advocacy to Tigard in the space of homelessness and affordable housing. He also presents a diverse perspective both within equitable business management and through real-time lived experience. Derrick Wright is the owner of Senet Game Bar on Main Street and has lived in Tigard for five years. He has previously volunteered with Light up the Night and the Art Walk. AIS-4774 7. Business Meeting Meeting Date: 12/14/2021 Length (in minutes): 10 Minutes Agenda Title: Consider a Resolution Appointing Members to the Tigard Transportation Advisory Committee Prepared For: Dave Roth, Community Development Submitted By: Dave Roth, Community Development Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Consider a resolution reappointing Carl Fisher and Ruth Harshfield and appointing Maxine Chaney,Michael Hendrickson, and Shawne Martinez as voting members of the Tigard Transportation Advisory Committee (TTAC). STAFF RECOMMENDATION /ACTION REQUEST The team recommends approval of the resolution. KEY FACTS AND INFORMATION SUMMARY There are five voting positions and up to two alternate positions on the TTAC whose terms expire on December 31,2021. To promote this volunteer opportunity, the city's Communications Division had an extensive recruitment process,using a variety of outreach methods,including several social media platforms. The Appointment Advisory Committee, consisting of Council Liaison John Goodhouse and TTAC Team Liaison Dave Roth interviewed eight eligible candidates on October 20 and November 17. The committee recommended reappointing Carl Fisher and Ruth Harshfield and appointing Maxine Chaney,Michael Hendrickson, and Shawne Martinez as voting members to three-year terms ending December 31, 2024. Recommended for reappointment as voting members: Ruth Harshfield has lived in Tigard for 28 years and is retired. She previously served as Director of the Alliance for Community Safety (ACTS Oregon),Director of Safe Kids Oregon,worked with Stop At 4, Safe Routes to School in Washington County, and the PBOT Traffic Safety Committee. Ruth has served on TTAC since January of 2018 and has chaired the committee since 2020. Carl Fisher has lived in Tigard for over 30 years and is a Field Director and Legislative Assistant with the Democratic Party of Washington County. He volunteered with the Metzger Park Play Readers and was a THS Speech and Debate Judge. Carl has served on TTAC since January of 2018. Michael Hendrickson has been a resident of Tigard since 2017 and is married to Brigette and has two sons. He is a SOC design engineer at Intel. Michael is interested in helping look at the transportation issues that affect everyone in Tigard as Tigard continues to grow. He enjoys using the Fanno Creek Trail with his family to walk to the Library and to take long bike rides. Michael has served on TTAC since January of 2021. Recommended for appointment as voting members: Maxine Chaney grew up in Tigard, and really appreciates the changes the city has undergone to become walkable and playable. She is a big fan of food, baseball,walking,playing with her kids at the park and learning new skills. As a new TTAC member, she plans on being a voice for the community and thinking critically about how to support the movement of every person in Tigard. Having lived in a variety of cities in the US and abroad,Maxine has relied upon a diverse mix of transportation methods and she looks forward to the variety of transportation options coming online in the next few years that may just revolutionize how people move. It is with joy that she contributes to the work of past and present City Counselors and Board Members to continue to make Tigard more accessible and livable. Shawne Martinez is a stay-at-home dad living a car-lite lifestyle by walking,rolling, taking transit and riding bikes.A volunteer with Search and Rescue for over a decade,his focus has changed to advocating for safe walk/roll/transit/bike infrastructure. He and his daughter ride their bikes to school almost every day and frequent Tigard's parks and library after school. Attachment 1 is a Resolution appointing the recommended candidates. OTHER ALTERNATIVES Council could decide to not approve some, or all,of the recommendations.This would necessitate reopening the recruitment. COUNCIL GOALS, POLICIES,APPROVED SYSTEM PLANS 1. Tizard Strategic Plan (2020) *Action 1.4.a: Intentionally create an environment that fosters participation from all members of our community. •Objective 2.1 Create a well-connected pedestrian network that links all Tigard residents and businesses •Objective 2.2: Tigard's pedestrian network is attractive, accessible, safe, and well-maintained •Objective 3.1: Pursue land development that maximizes public health benefits while increasing connection between people and community destinations •Objective 3.2: Focus development-associated resources in parts of the city that have the capacity to serve, house, employ, and attract the most people with the least impact on Tigard's natural systems and the climate. •Action 3.3.d: Ensure transportation investments and improvements are providing equitable benefits & impacts to the entire population. •Action 3.3.f. Increase the weight equity holds when making capital improvement and transportation project prioritizations. 2. Tigard Complete Streets Policy(2019) Tigard's Complete Streets Policy envisions a vibrant and healthy community where people of all ages and abilities can travel safely, efficiently, and comfortably on a well-connected and optimized multi-modal network of roads, trails, and paths. 3.TTAC Bylaws: SECTION I.D CHARGE AND DUTIES TTAC serves in an advisory role to staff and Council on a broad range of relevant transportation issues reflecting city priorities and work program capacity, which may include,but is not limited to: 1.Complete Streets Policy implementation 2.Project prioritization for funding in the Capital Improvement Program 3.Preparation of multimodal transportation system plans and corresponding transportation financing/capital investment programs 4.Developing funding mechanisms and sources to implement transportation projects 5.Traffic safety 6.Input on project development and concept design DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments TTAC Appointment Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21- A RESOLUTION REAPPOINTING CARL FISHER AND RUTH HARSHFIELD AND APPOINTING MAXINE CHANEY,MICHAEL HENDRICKSON,AND SHAWNE MARTINEZ AS VOTING MEMBERS OF THE TIGARD TRANSPORTATION ADVISORY COMMITTEE. WHEREAS,there currently exists five vacancies for voting members and up to two vacancies for non-voting alternate members of the Tigard Transportation Advisory Committee; and WHEREAS, the Appointment Advisory Committee consisted of Council Liaison John Goodhouse and Staff Liaison Dave Roth and interviews occurred on October 20 and November 17,2021; and WHEREAS,the Appointment Advisory Committee recommends that Council reappoint Carl Fisher and Ruth Harshfield and appoint Maxine Chaney,Michael Hendrickson, and Shawne Martinez as voting members. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Carl Fisher and Ruth Harshfield are appointed and Maxine Chaney,Michael Hendrickson,and Shawne Martinez are appointed as voting members to fill terms that expire December 31,2024. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2021. Mayor-City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 21- Page 1 AIS-4802 8• Business Meeting Meeting Date: 12/14/2021 Length (in minutes): 15 Minutes Agenda Title: Receive Tigard Transportation Advisory Committee (TTAC) Annual Report Prepared For: Dave Roth, Community Development Submitted By: Dave Roth, Community Development Item Type: Joint Meeting-Board or Other Juris. Meeting Type: Council Business Meeting- Main Public Hearing: No Publication Date: Information ISSUE This is the joint meeting of the Tigard Transportation Advisory Committee (TTAC) and the Tigard City Council as described in the TTAC Bylaws Section XI, Item C. STAFF RECOMMENDATION /ACTION REQUEST No action requested. Discussion only. KEY FACTS AND INFORMATION SUMMARY The Tigard Transportation Advisory Committee (TTAC) meets annually with the City Council to share information and receive feedback. Dave Roth (Community Development) is the Team Liaison for TTAC and the current chair is Ruth Harshfield. The perspectives of TTAC members represent a diverse range of viewpoints.The committee plans to provide Council with a review of work completed in 2021 and a look forward to its priorities and interests for 2022 and beyond. Highlights from 2021 include: •Continued implementation of the Complete Streets Policy with the Streets for People Program expansion, •Committee input on several capital projects, several long-range planning efforts, the Safe Routes to School Program, Urban Renewal, and neighborhood safety traffic concerns, •Providing a letter of support for a Transportation and Growth Management (TGM) grant project that will develop a new"Electric Mobility Strategy" for the city, •TTAC subcommittee representation on the 2040 TSP Update Community Advisory Committee, and •Hosting a"Tigard on the Move"panel discussion on the topic of Transportation Equity. For 2022, committee members are looking forward to supporting implementation of the 2040 Transportation System Plan, supporting development of the Electric Mobility Strategy, participating in the development of the Tigard Community Resiliency Plan,planning additional"Tigard on the Move" events, and ensuring that Tigard's diverse transportation needs are represented and met through city decisions and investments. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED SYSTEM PLANS 1.Ti-aard Strategic Plan (2020) •Action 1.4.a: Intentionally create an environment that fosters participation from all members of our community. •Objective 2.1 Create a well-connected pedestrian network that links all Tigard residents and businesses •Objective 2.2:Tigard's pedestrian network is attractive, accessible, safe, and well-maintained •Objective 3.1: Pursue land development that maximizes public health benefits while increasing connection between people and community destinations •Objective 3.2: Focus development-associated resources in parts of the city that have the capacity to serve,house, employ, and attract the most people with the least impact on Tigard's natural systems and the climate. *Action 3.3.d: Ensure transportation investments and improvements are providing equitable benefits & impacts to the entire population. *Action 3.3.f. Increase the weight equity holds when making capital improvement and transportation project prioritizations. 2. Tizard Complete Streets Policy (2019) Tigard's Complete Streets Policy envisions a vibrant and healthy community where people of all ages and abilities can travel safely, efficiently, and comfortably on a well-connected and optimized multi-modal network of roads, trails, and paths. 3. TTAC Bylaws: SECTION I.D CHARGE AND DUTIES TTAC serves in an advisory role to staff and Council on a broad range of relevant transportation issues reflecting city priorities and work program capacity,which may include,but is not limited to: 1.Complete Streets Policy implementation 2.Project prioritization for funding in the Capital Improvement Program 3.Preparation of multimodal transportation system plans and corresponding transportation financing/capital investment programs 4.Developing funding mechanisms and sources to implement transportation projects 5.Traffic safety 6.Input on project development and concept design DATES OF PREVIOUS COUNCIL CONSIDERATION The Tigard Transportation Advisory Committee (TTAC) previously held its annual joint meeting with the City Council on: •September 16, 2014 •October 20, 2015 •October 18, 2016 •October 24, 2017 *December 11, 2018 •November 12, 2019 •December 1, 2020 Attachments Presentation Y 1.1 O Y • ZZOZ 17Z aagwa:)aa (DVII) aE)11!wwo� Aao�i�npb oil �aodsueal pae2il L' y 1 !:)uno:) Al!:) of liodall lenuuV 4 tl@i♦ ' F ", I JR, tf pie-&j jo fqT:) Agenda • What is the Transportation Advisory Committee? • 2021 Year in Review • Looking Forward to 2022 • Discussion and Q & A * e. Tigard Transportation Advisory Committee One of Tigard's 12 Boards and Commissions • 13 members (including 2 alternates) • Regular meetings on the first Wednesday of each month • Committee accepts public comment and input Tigard Transportation Advisory Committee (cont.) • Advises staff and Council on: • Complete Streets policy implementation • Capital project and program development • Transportation System Plan (TSP) j. '� ' ► implementation • Neighborhood transportation issues and/or concerns • Transportation safety issues and/or concerns STREETS-CM PEOPLE 2021 Year in Review GO SLOW Share the Street • Capital Projects and Programs • Long-Range Planning • Transportation System Plan • Washington Square Regional Plan Update • Tigard MADE • Streets for People Program 'rl GARD • Safe Routes to School ON THE SPEAKER SERIES • "Tigard on the Move" Equity Panel • Electric Mobility Strategy Grant Looking Forward to 2022 • TSP Implementation • Electric Mobility Strategy • Community Resiliency Plan • MSTIP Funding Opportunities • Sidewalk Gap Inventory Update & Future Funding • More "Tigard on the Move" Speaker Events Discussion • Q & A and TTAC Comments F L I f AIS-4743 9• Business Meeting Meeting Date: 12/14/2021 Length (in minutes): 45 Minutes Agenda Title: Legislative Hearing on Washington Square Regional Center Update Project Prepared For: Susan Shanks Submitted By: Susan Shanks, Community Development Item Type: Ordinance Meeting Type: Council Public Hearing-Legislative Business Meeting- Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the City Council approve the proposed legislative amendments to: 1.Revamp the Washington Square Regional Center (WSRC) policy framework by adding a new set of detailed goals,policies,and action measures to Chapter 15 of the Tigard Comprehensive Plan; and 2.Update two WSRC regulations by amending Chapter 18.670 of the Tigard Community Development Code? STAFF RECOMMENDATION /ACTION REQUEST Planning Commission and staff recommend approval of the attached Ordinance to amend the Tigard Comprehensive Plan and Community Development Code. KEY FACTS AND INFORMATION SUMMARY The proposed amendments include a Comprehensive Plan Amendment (CPA2021-00005) and a Development Code Amendment (DCA2021-00003).They are the result of 2-year long-range planning project known as the WSRC Update Project. Both amendments apply to the portion of the WSRC within Tigard's planning area, which includes land within the City of Tigard and unincorporated Washington County. However, any land currently within unincorporated Washington County would not be subject to these amendments until such time as it voluntarily annexes to the City of Tigard. The Tigard Planning Commission held a public hearing on November 15, 2021 and unanimously recommended that City Council approve an ordinance adopting the proposed amendments as provided by the public hearing process. Attachment 1 contains the Planning Commission's recommendation. Attachment 2 contains the proposed amendments. The proposed amendments are also summarized below. Attachment 4 is included for informational purposes only. It shows the direction staff is moving for the implementation phase of this project.This next phase will include zoning map amendments and a complete set of updated development regulations consistent with the proposed Comprehensive Plan Amendment being considered by Council at present. The full set of attachments for Council's consideration is as follows: •Attachment 1: Planning Commission Recommendation Memo *Attachment 2: Proposed Amendments *Attachment 3: Ordinance and Exhibits (to adopt proposed amendments) •Attachment 4: Preliminary Recommendations for Future Zoning and Code Amendments In addition to these attachments, a draft of the WSRC Update Project Final Report is available on the WSRC website. It will be updated and reposted following the December 14 City Council hearing depending upon the outcome. Portions of it will also be translated into Spanish.The findings and recommendations in the Final Report make up the substance of the proposed Comprehensive Plan Amendment in Attachment 2. Despite the differences in their appearance, these two documents are very similar.The Final Report is the public-facing document,with limited text and many graphics, and the Comprehensive Plan Amendment is the technical,policy-oriented document. Proposed Amendments Comprehensive Plan Amendment (CPA) The CPA proposal creates a new section within Chapter 15 of the Tigard Comprehensive Plan entitled Special Planning Areas. It includes new goals,policies, and recommended action measures specific to the WSRC. Existing WSRC policies and action measures are minimal and scattered throughout the Comprehensive Plan. This is because the more detailed land use and transportation policy framework that guides development in the area is contained in the 1999 Washington Square Regional Center Plan. The proposed new section within Chapter 15 replaces the 1999 Washington Square Regional Center Plan in its entirety and is consistent with existing Tigard Comprehensive Plan policies. The CPA proposal and related findings have been modified since the Planning Commission hearing as described below. *jurisdictional transfer recommendations for Hall Blvd were added to the recommended action measures for Goals 15.3 and 15.7 at the request of Planning Commission. •Street classification recommendations were added to the recommended action measures for Goal 15.3 for consistency with the Transportation System Plan update proposal. •Ongoing funding language was slightly modified for the Goal 15.2 recommended action measure at the suggestion of the Assistant City Manager. •Title 1 and Goal 10 findings on housing were revised at the suggestion of Housing Land Advocates. Development Code Amendment (DCA) The DCA proposal includes minor changes to Chapter 18.670 of the Tigard Community Development Code, which regulates development in the WSRC. Both proposed amendments are consistent with past policy decisions. *The first amendment includes additional approval criteria for new car dealerships east of Highway 217 that include maintenance and repair activities. Staff was directed to develop these amendments by City Council when modifications to the subdistrict that allows car dealerships were approved on June 1, 2021 (Land Use File DCA2021-00001). Given that maintenance and repair activities are prohibited as a primary use in this area, the purpose of these amendments is to minimize the potential impact of maintenance and repair activities on the pedestrian environment when they are accessory to an allowed car dealership.The proposed amendments attempt to strike a balance between this outright prohibition and the market reality that many car dealerships include maintenance and repair activities as an accessory use. *The second amendment includes a new cross section for Oak Street between Greenburg Rd and Hall Blvd. This segment of Oak Street was identified in the 2011 Tigard Greenways Trail System Master Plan as the preferred alignment for the Washington Square Loop Trail. A section of this 12-foot wide, grade-separated path on the south side of Oak Street has already been constructed by private development. The proposed amendment codifies this cross section for the entirety of Oak Street between Greenburg Rd and Hall Blvd. Project Background The WSRC is located at the northern edge of Tigard, the southeastern edge of Beaverton, and the eastern edge of unincorporated Washington County. While centered on the Washington Square Mall,it extends nearly a mile in all directions from the mall.Washington Square is one of eight regional centers designated in the Metro 2040 Growth Concept because of its concentration of jobs and stores that are accessible from around the region via Highway 217,Hall Boulevard, Scholls Ferry Road, and multiple transit lines. The WSRC is also home to a culturally diverse and growing community. The first plan for the WSRC from 1999 envisioned the area as a dense,walkable, and vibrant place with more housing options,better transit service, and more urban amenities. The area has made slow progress towards this vision in the past two decades. Additionally, many things have changed since the adoption of the original plan. Online shopping has disrupted the retail sector, and technological innovations are changing the way people travel and work. Equity has become a higher priority for the City,and housing and climate issues have become more severe. Recognizing the WSRC's potential for transformative, equitable, and sustainable growth, the City of Tigard led a 2020-2021 project to update existing policies and the original land use and transportation vision. The main goal of the WSRC Update Project was to better align future development with current community needs and aspirations, emerging market trends, and Tigard's goal to be a walkable,healthy, and inclusive community.The project team made a special effort to engage community members who reflected the diversity of the WSRC community,particularly those from historically marginalized populations. Hundreds of community members participated in the project and helped shape project outcomes. WSRC Update:A Refined Vision The refined WSRC vision statement was developed at the conclusion of the WSRC Update Project to capture key ideas and aspirations for the future of the regional center. The Washington Square Regional Center of the future is a multicultural hub of activity that is accessible by multiple modes of transportation from across the region. It is easy and comfortable forpeople to travel by bus, commuter rail,foot, or bike to reach jobs, services,parks, schools, and local amenities. Large parking lots are redeveloped with new buildings at a variety of heights that connect to wide sidewalks and inviting public spaces. Nese development creates a greener urban environment that benefits people, habitat, and streams. Large and small businesses have opportunities to locate here andgrow and evolve in place. These changes make the area more attractive, but existing communities of color are not priced out as the area redevelops.All are welcome and have the opportunity to call this area home. WSRC Update: Project Highlights Transformative Redevelopment that Benefits Everyone. Like many suburban malls working to remain competitive in the market, the Washington Square Mall is beginning to redevelop parking lots and buildings left vacant by large retailers.This could make the regional center generally more attractive to businesses and customers and drive further redevelopment in the area. While this kind of transformative change is something the City and the community wants to see, the challenge for the City is to prevent socially vulnerable households and historically marginalized communities from being disproportionally impacted by this level of change. The main concern with large-scale redevelopment is displacement of at-risk households. This occurs when households are forced to move because rents are rising faster than they can afford or property owners require them to move to remodel or redevelop. In addition to preventing negative impacts where possible, the City also hopes to partner with the mall and leverage mall redevelopment to ensure new mall amenities benefit the community at large. Community members specifically expressed a desire for more public spaces to gather and recreate. Equitable Transportation Investment. There is good access to the regional center by car;however,walking and biking within the area can be unsafe and uncomfortable. Large parking lots, highways,busy roads, train tracks, and creeks are difficult barriers to overcome. Previous ideas for overcoming these barriers were ultimately too aspirational and expensive and failed to obtain necessary political support or funding. Despite all these challenges,it is more important than ever—from a climate-resiliency and equity perspective—to prioritize funding for transportation improvements for people who need to (or choose to) walk and bike to get around,including walking and biking to transit. As a result, the project team identified many opportunities where the City and other road authorities could fund improvements that would make a meaningful and immediate difference for people walking and biking in the area. Transit-Oriented Development. The area is currently served by multiple bus lines and a WES commuter rail station,but access to transit and amenities for transit riders is lacking. Additionally, the Southwest Corridor Light Rail Project is being planned for elsewhere. Despite these existing and future conditions, there is great potential for this area to be well-served by transit. The Washington Square Mall,which leases land to TriMet for the existing transit center, understands the benefits of and wants to leverage this potential, and the City and TriMet want to encourage and support redevelopment of the mall site with transit-oriented development. The need for more sustainable transportation and development options is only going to increase as the number of people and workers in the region increases. Housing Options. There is need and market demand for more and different types of housing in the regional center. Community members specifically expressed a desire for affordable housing and housing that could accommodate larger households, such as those living with multiple generations or several children. They also expressed a desire for a variety of housing options, not just apartments, that respected the scale of existing residential areas. Even though the City does not build or manage housing,there are many ways the City can support affordable housing providers and local middle housing developers. In the near-term, the City can update its regulations, which currently include requirements that unintentionally prevent a variety of housing types from being built. The City can also modify the locations where certain kinds of housing are allowed to better facilitate a gradual scale change between low- and high-density housing areas. The challenge for the City is to successfully facilitate the development of housing in mixed-use commercial and employment areas—where housing is allowed but not required—through the right combination of incentives, partnerships, and regulations. Access to Nature and Recreation. There is almost no undeveloped land in the regional center that is suitable to be developed as park land. The Metzger Elementary School Community Park is the only public park in the area today, but it is only available when school is not in session. There are several existing or planned parks and trails nearby, but they are difficult to access from the regional center. As a result, the project team identified several opportunities for improving access to nearby parks and trails. In order to expand public open space and recreation opportunities for residents and workers in the area, the project team identified a number of opportunities where land could be used for multiple purposes.This approach requires willing property owners and creative partnerships, and, as such,is difficult to achieve. However, there are many successful examples around the region of public-private partnerships where land is used for both stormwater management and public open space or wetland restoration and passive recreation. Flexibility for Businesses. Online shopping has disrupted the retail sector and technological innovations are changing the way people travel and work. In response to these market changes, business needs are changing more rapidly than they have in the past. Given the system of land use laws in which the City must operate,it is difficult for the City to respond in kind.The challenge for the City is to create a new set of regulations that acknowledges the pace at which the market is changing and that is also flexible enough to allow businesses to grow and evolve in place, especially when they are advancing the regional center vision in ways no one could possibly anticipate today. Implementation Challenges. The regional center spans portions of three jurisdictions and is served by several road authorities and service providers. Each of these agencies has their own list of public projects to pay for and build, and their own goals and priorities. Staff from Beaverton,Washington County, ODOT and other public agencies participated in this planning process and support the project's recommendations. However,maintaining support for, and focus on,implementing these recommendations in the near- and long-term will be challenging given the number of agencies involved and the turnover that will naturally occur over time with elected officials and staff. Additionally,the area lacks a dedicated funding source such as Tax Increment Financing. Public Notice and Engagement City staff followed the legislative notice requirements in the Tigard Community Development Code,including the required 35-day notices to DLCD, ODOT, and Metro. As a courtesy,notice was mailed to individuals on the citywide interested parties list on October 27, 2021,published in the Tigard Times on October 28 and November 25, 2021, and emailed to Macerich on November 1, 2021. Notice of Public Hearing was also posted on the city and WSRC websites, and staff sent email notices to the WSRC Update Project's interested parties list,which includes over two hundred individuals. More importantly, extensive community engagement was conducted throughout the 2-year WSRC Update Project,which prioritized engagement with historically marginalized and underrepresented communities. The project's community engagement strategy,methods, and outcomes are detailed in the WSRC Final Report and summarized in the attached Findings and Conclusions (Exhibit C of Attachment 3). Public Comment As of the writing of this report,no written comments were received by staff before or after the Planning Commission hearing on the proposal. One community member provided oral testimony at the Planning Commission hearing,which is summarized below. *Alistair Crawford, current WSRC resident, spoke in favor of the proposed amendments. He expressed a concern that not enough housing is being built and that the WSRC can and should support more housing and be more walkable. Public Agency Comments Affected agencies and jurisdictions had an opportunity to review and comment on the proposed code amendments. As of the writing of this report,no comments were received. Findings and Conclusions The proposal is subject to several city,regional, and state provisions.The findings and conclusions that are included as Exhibit C of Attachment 3 document the proposal's compliance with the following applicable provisions: *Tigard Community Development Code Chapters 18.670, 18.710, and 18.790 *Tigard Comprehensive Plan Chapters 1, 2, 8, 9, 10, 12, and 14 •Metro Urban Growth Management Functional Plan Titles 1 and 6 •Statewide Planning Goals 1, 2, 8, 9, 10, 12, and 14 OTHER ALTERNATIVES Council could direct staff to modify the proposed amendments. Council could also reject all or portions of the proposed amendments. If Council rejects all or portions of the proposed amendments, existing land use policies and development regulations would continue to apply. COUNCIL OR TCDA GOALS, POLICIES, SYSTEM PLANS Strategic Plan Vision: An equitable community that is walkable, healthy, and accessible for everyone. •Priority: Create a well-connected, attractive. and accessible pedestrian network. •Priority: Ensure development and growth supports the vision. City Council (former) Goal: Promote economic growth and community vitality by identifying and removing barriers to redevelopment in Washington Square Regional Center. Comprehensive Plan: Existing policies envision the area as a dense and walkable commercial hub with lots of housing, urban amenities, and mixed-use development that supports a significant portion of Tigard's future employment growth and high-density housing. DATES OF PREVIOUS CONSIDERATION April 2019: Council approved Resolution No. 19-14 directing staff to submit a Metro grant application for the Washington Square Regional Center Update Project. November 2019: Council directed the City Manager to sign the Metro IGA accepting the grant award. February 2020: The Local Contract Review Board awarded a contract to ECONorthwest for the Washington Square Regional Center Update Project in the amount of$300,000. August 2020: Staff briefed Council on the status of the project,including community engagement efforts during COVID. January 2021: Staff briefed Council on the status of the project,including key findings,preliminary recommendations, and a preview of the Subdistrict Modification proposal to change where car dealerships are allowed in the regional center. June 2021: Staff briefed Council on the status of the project as it related the Subdistrict Modification proposal to change where car dealerships are allowed in the regional center,which Council approved with minor changes. November 2021: Staff briefed Council on the status of the project,including draft project recommendations and how they responded to community needs and aspirations, market realities, and the city's strategic vision to be walkable,healthy, and inclusive. Attachments ATT 1 PC Recommendation ATT_2_Proposed Amendments ATT 3 Ordinance ATT 4 Preliminary Recommendation Memo ATT 5 Presentation ATTACHMENT 1 City of Tigard Memorandum To: Honorable Mayor and City Councilors From: Yi-Kang Hu, President,Tigard Planning Commission Re: Washington Square Regional Center Comprehensive Plan Update (CPA2021-00005 and DCA2021-00003) Date: November 20, 2021 On November 15, 2021, the Tigard Planning Commission held a public hearing regarding a Comprehensive Plan Amendment (CPA) and Development Code Amendment (DCA) proposal to: • Revamp the Washington Square Regional Center (WSRC) policy framework by adding a new set of detailed goals, policies, and action measures to Chapter 15 of the Tigard Comprehensive Plan, and • Update two WSRC regulations by amending Chapter 18.670 of the Tigard Community Development Code. After listening to staff's presentation and public comment, followed by careful deliberations, the Planning Commission made a recommendation to City Council to approve the proposed amendments by a unanimous vote with one minor modification, which is described below under Planning Commission Recommendation. Public Testimony Planning Commission received oral testimony at the hearing from one individual. • Alistair Crawford, current WSRC resident, spoke in favor of the proposed amendments. He expressed a concern that not enough housing is being built and that the WSRC can and should support more housing and be more walkable. Planning Commission Recommendation Several Commissioners asked clarifying questions prior to their deliberations regarding: • Zoning along Hall Blvd in unincorporated Washington County and whether the proposed amendments provided an incentive for properties to annex to the city. Page 1 of 2 ATTACHMENT 1 Answer.• That's the intent. Staff believes that the recommendations for this area would give property and business owners more flexibility and support to improve orgrow their businesses andprovide an incentive for some property owners to redevelop. • Reasons for not including a jurisdictional transfer action measure for Hall Blvd similar to the one for Greenburg Rd. Answer.• It was not included at this time because Hall Blvd is only partially within the city limits in the 1-VSRC, and the city is currently discussing jurisdictional transfer of a different segment of Hall Blvd. For these reasons, it was thought that recommending jurisdictional transfer at this time may be premature. • Reasons for the decrease in number of WSRC employees and wages since 2003. Answer.•It's complicated and not entirely understood. A detailed analysis was included in the 1VSRC Background and Conditions Report on this subject since this was an unexpected finding. • Whether any exemptions were proposed from the city's nuisance regulations, particularly for vehicle maintenance and service activities. Answer.•No. • Whether this planning effort will be able to take advantage of the new federal infrastructure package approved by President Biden. Answer. It's too early to tell;however, having current plans in place always be45s make the city more competitive when seeking funding. Commissioner Jackson made a motion to include an action measure under Goals 15.3 and 15.7 that recommends seeking jurisdictional transfer of Hall Blvd in this area at an appropriate time in the future.The following language was developed by staff and included in the proposed amendments for Council's consideration: Discuss jurisdictional transfer and right-of-way annexation with ODOTfor the 12 of Hall Blvd within the Tigard WSRC after the jurisdictional transfer discussions for the southern12ortion ofHall Blvd have concluded. The Planning Commission enthusiastically supports the proposed amendments as presented at the November 15 public hearing with the addition of the Hall Blvd jurisdictional transfer action measures. The Commissioners are excited to see more housing and mixed-use development occur in the WSRC consistent with its role as a regional center. The Commissioners look forward to Council's review of this proposal at the public hearing on December 14, 2021. Page 2 of 2 ATTACHMENT 2 Tigard Comprehensive Plan Special Planning Areas I Chapter 15 Washington Square Regional Center Washington Square Regional Center Overview The Washington Square Regional Center (WSRC) encompasses approximately 1,000 acres of commercial and residential land that is located on the northern edge of Tigard, the southeastern edge of Beaverton, and the eastern edge of unincorporated Washington County. While centered on the Washington Square Mall, it extends nearly a mile in all directions from the mall itself. Designated a regional center in 1995, it is one of eight regional centers identified in the Metro 2040 Growth Concept. Regional centers are intended to contain compact and urban-scale development adjacent to major transportation corridors with high- quality transit service and multimodal transportation facilities. Washington Square was designated a regional center because of its concentration of jobs and stores that are accessible from around the region via Highway 217, Hall Boulevard, Scholls Ferry Road, and multiple transit lines. However,the area does not yet contain all the desired elements of a regional center.The development pattern is predominantly suburban in scale and character, and multimodal transportation facilities are nonexistent or substandard. The first plan for the WSRC was developed in 1999. It envisioned the area as a dense and walkable commercial hub with lots of housing, urban amenities, and mixed-use development served by commuter rail, multiple bus lines, and a local shuttle.These aspirations are reflected in various chapters of the Comprehensive Plan. It has long been the City's goal to direct a significant portion of Tigard's future employment growth and high-density housing to this area. This goal still guides long-term planning for the WSRC. However, many things have changed since the development of the original plan. Online shopping has disrupted the retail sector, and technological innovations are changing the way people travel and work. Equity has become a higher priority for the City, and housing and climate issues have become more severe. In 2020-2021,the City engaged the community in a long-range planning project to update the original plan. The main goal of this update project was to refine the original vision and update existing policies to better align them with current community needs and aspirations, emerging market trends, and Tigard's goal to be a walkable, healthy, and inclusive community per the City's 2020-2025 Strategic Plan.The project team made a special effort to engage community members who reflected the diversity of the WSRC community, particularly those from historically marginalized populations. Hundreds of community members participated in the project and helped shape project outcomes. Page 1 of 9 ATTACH ME NT 2 The findings, goals, policies, and action measures in this Special Planning Areas section are from the 2020- 2021 update project.The focus of this section is the portion of the regional center within Tigard's Urban Planning Area, which includes land within Tigard and unincorporated Washington County. For the purposes of this chapter,this subset of the regional center is referred to as the Tigard WSRC. Key Findings • Development of the regional center into a dense,walkable,and vibrant place has been challenging. The regional center is located within three jurisdictions and served by even more service providers.The various jurisdictions and service providers have not always shared the same priorities over time. More than a dozen zones regulate development in the area, and there is no dedicated funding source to build needed public improvements. The market and physical conditions that would support more intense and compact development on a broad scale do not yet exist. • The majority of land in the regional center is devoted to commercial activity in single-use buildings with large surface parking areas.There is very little vacant land. Existing zoning allows for more intense mixed-use development, but the area remains largely underdeveloped and auto-oriented. Lincoln Center is the exception. It is a compact, multi-story development that provides employment for almost 1,000 employees in over a hundred businesses, but the rest of the area lacks this level of development intensity and diversity. Very little new commercial development has occurred in the last several decades. However,the Washington Square Mall is poised to redevelop portions of its site with taller, mixed-use buildings, potentially signaling additional changes to come. • The regional center population is more diverse than the City as a whole and has above average indicators of potential disadvantage. The regional center is home to roughly 2,000 people. Compared to the city overall, the regional center is home to more renters and households with low and moderate incomes. • Renters in and adjacent to the regional center may be at risk for displacement.Those who live in older, unsubsidized housing;face more discrimination in the housing market; or pay more than 30% of their income for rent(i.e., cost-burdened households) are at particular risk.The conditions that could cause displacement are already present in the area.There is a large renter population (roughly half of whom are cost-burdened) and a number of older, unsubsidized apartment buildings, particularly along Hall Blvd. Moreover,future public or private investment has the potential to make the area more desirable, which can lead to higher rents, redevelopment, or major renovations, particularly if new housing is not built to absorb the increased demand. Large-scale displacement is likely not imminent, but displacement is hard to address after the fact and requires early intervention. • The number of employees and businesses in the regional center has declined by about 12 percent since 2003.Salaries across all industries in this area have declined as well.The lowest-paid employees made up roughly one-third of the 2018 workforce—totaling over 5,000 employees—and earned 33 percent less than their 2003 counterparts. Page 2 of 9 ATTACHMENT 2 • The retail landscape is changing.The large concentration of existing retail businesses at a highway interchange makes the area relatively attractive for retail businesses serving southeastern Washington County. However, recent retail trends suggest dramatic shifts occurring in the suburbs, especially around suburban shopping centers and malls. Demand for urban-style living and experiential and entertainment retail has increased over the past several years, coupled with the closure of big box stores. • Employment areas are in transition. Existing business parks have lower rents compared to other nearby employment areas. Vacancy rates are high, and some tenant spaces have begun to transition to other uses—such as specialty retail and light manufacturing—indicating reduced demand from traditional office users.These business parks have limited opportunities for redevelopment but offer potential for property owners to improve and modernize their properties to attract tenants who would otherwise look elsewhere in the region. • There is strong potential for residential infill development. Recent and pending construction activity in the area shows fairly strong demand for residential development such as apartments, rowhouses, and detached houses, all of which are consistent with the vision for the area. • City regulations are an impediment to desired development.While existing zoning allows for a variety of development types and scales, development regulations make high-density development prohibitively expensive (because of minimum parking and landscaping requirements) and largely preclude low-and medium-density development (because of minimum density and height requirements). • There is good vehicle access to the regional center. However,travel within the area is difficult for all modes of travel—but especially for people walking and biking—due to barriers created by existing development, major roads,train tracks, and Fanno Creek. • Pedestrian and bike facilities are disconnected or non-existent. All major roads in the regional center have discontinuous pedestrian and bike facilities that are not appropriately sized or buffered for the road conditions. Existing crossings of major roads, including Highway 217, are few and far between, making it difficult for people on foot or bike to access parks,trails,transit, services, and schools. Fanno Creek Trail provides a continuous north-south route for people on foot or bike, but it is difficult to reach without a vehicle. • Transit service is present but poorly integrated.The area is served by multiple bus lines and the WES commuter rail. However,the WES station and the Washington Square Transit Center are separated by Highway 217, and neither offers many amenities for riders. A park and ride lot located between the two is difficult to access by foot or bike from either direction.Additionally,the Southwest Corridor Light Rail Project is being planned for elsewhere, making the area one of only two regional centers not served by light rail. Page 3 of 9 ATTACH ME NT 2 GOAL 15.1: Develop a coordinated land use and transportation framework that supports development of the Tigard WSRC into a dense, walkable, and vibrant place and that also reflects market realities, community needs and aspirations, and City goals related to sustainable growth. POLICIES 1. Promote the efficient use of land through regulations, incentives, and partnerships. 2. Allow a complementary mix of land uses that are appropriate in a walkable urban environment. 3. Prioritize high-intensity, transit-supportive development on both sides of Greenburg Rd and along Oak Street. Limit new low-intensity development in these areas to preserve opportunities for higher intensity development over the long-term. 4. Allow incremental increases in development intensity outside of areas prioritized for high-intensity, transit-supportive development. 5. Regulate the design and location of streets, buildings, parking areas, and other site improvements to support the development of a walkable urban environment. 6. Utilize a variety of strategies over time to minimize and mitigate the impacts of increased on-street parking and traffic that potentially may occur with higher intensity development. RECOMMENDED ACTION MEASURES i. Update land use regulations for the Tigard WSRC as follows: a. Zone the areas on both sides of Greenburg Rd, including the Washington Square Mall, for horizontal and vertical mixed-use development in buildings up to 12 stories tall that support a wide range of stores, services, and housing options. b. Zone the areas west of Highway 217 for a mix of commercial and light industrial uses in buildings up to 7 stories tall, with an option for housing on upper stories. c. Zone the areas west of and along Hall Blvd for a variety of housing types and densities in buildings between 1 and 3 stories tall in most places and up to 7 stories tall along Oak Street, with an option for ground floor commercial uses in some locations. d. Zone the existing commercial node along Hall Blvd, roughly between Locust Street and Oak Street,for small-scale neighborhood-serving businesses in buildings up to 2 stories tall,with an option for additional stories if housing is provided on upper stories. ii. Update street, site, and building design regulations consistent with these goals and policies. iii. Allow a range of building heights by-right and with discretionary approval as a strategy for achieving higher intensity development in targeted areas. iv. Incentivize vertical mixed-use development in targeted areas through measures such as height bonuses or the creation of a Vertical Housing Development Zone. v. Work with property owners, businesses, residents, and neighborhood or homeowner associations to develop traffic calming or parking management plans as needed. vi. Apply City land use designations and zoning classifications to properties in unincorporated Washington County only upon annexation to the City of Tigard. Page 4 of 9 ATTACHMENT 2 GOAL 15.2: Implement and advocate for an equitable and inclusive approach to public investment in the Tigard WSRC in which the benefits of development are broadly shared by all. POLICIES 1. Support the development and preservation of regulated affordable housing. 2. Work to prevent displacement of socially vulnerable households in anti-displacement priority areas. 3. Seek opportunities to expand the amount of green space for active or passive recreation in areas with a large number of market affordable or regulated affordable housing units. 4. Prioritize and advocate for active transportation improvements that improve access to nature, recreation, schools, transit,jobs, and services in areas with a large number of market affordable or regulated affordable housing units. 5. Work to increase business diversity, especially the number of minority-and women-owned businesses in the area. RECOMMENDED ACTION MEASURES i. Partner with culturally diverse community organizations to reach socially vulnerable households, understand their needs and priorities, and involve them in the public investment planning process. ii. Look at ongoing funding solutions, such as setting aside development fees,to support development of affordable housing, prevent residential displacement, improve the active transportation network, and expand green space for recreation. iii. Implement the Tigard Affordable Housing Plan, especially those policies and programs that support rental housing stability and affordable housing development. iv. Offer height bonuses and some City fee exemptions for developments with affordable housing units. v. Partner with non-profit and multicultural business partners to support women-and minority- owned businesses. Page 5 of 9 ATTACH ME NT 2 GOAL 15.3: Prioritize improvements to the active transportation network in the Tigard WSRC to improve safety, access, and comfort for people of all ages and abilities and to advance the City's climate resiliency and equity goals. POLICIES 1. Include Tigard WSRC active transportation needs and recommendations in the Tigard Transportation System Plan. 2. Require development to improve the transportation network for all modes of travel in proportion to its impact on the network. 3. Develop one or more safe and comfortable active transportation routes across Highway 217 and along and across Greenburg Rd for people traveling to Fanno Creek Trail,Tigard Heritage Trail, Metzger Elementary School, or Fowler Middle School in coordination with ODOT and Washington County. 4. Advocate for TriMet to provide high-quality transit facilities and services to, from, and within the area that will provide a competitive travel option for workers and residents, resulting in less vehicle miles traveled per capita and related greenhouse gas emissions. S. Advocate for the applicable road authorities to expand and enhance pedestrian and bicycle facilities, especially on major roads and transit streets. 6. Seek opportunities to connect the area to regional and local trails in Washington County, Beaverton, and Portland. RECOMMENDED ACTION MEASURES i. Evaluate alternative pedestrian and bicycle routes from the area north of Highway 217 to the Tigard Heritage Trail northern terminus and the Fanno Creek Trail access on North Dakota Street, including a new Highway 217 overcrossing at 95th Ave. ii. Develop street cross sections for Greenburg Rd and Oak Street that reflect their role in the active transportation network, are consistent with their functional classifications, and respond to right-of- way constraints created by existing development. iii. Pursue jurisdictional transfer of Greenburg Rd from Washington County to Tigard. iv. Pursue Washington County MSTIP funding for Greenburg Rd to improve pedestrian and bicycle safety, access, and comfort between North Dakota Street and Hall Blvd. v. Complete pedestrian and bicycle facilities on Oak Street, including a grade-separated pedestrian and bicycle path and intersection improvements at Greenburg Rd, Hall Blvd, and 87th Ave. Reclassify the segment between Greenburg Rd and 90th Ave as a Collector Street. vi. Extend Lincoln Street south to Oak Street and reclassify as a Local Street. vii. Advocate for Washington County to complete pedestrian and bicycle facilities on 901h Ave, reclassify as a Neighborhood Route, and evaluate for Neighborhood Greenway treatments. viii.Advocate for Washington County to evaluate the feasibility of a pedestrian connection between Borders Street and Hall Blvd. ix. Advocate for ODOT to improve pedestrian and bicycle safety, access, and comfort along Hall Blvd and Scholls Ferry Rd through measures such as protected bike lanes, sidewalk infill, and enhanced crossings. x. Discuss jurisdictional transfer and right-of-way annexation with ODOT for the portion of Hall Blvd within the Tigard WSRC after the jurisdictional transfer discussions for the southern portion of Hall Blvd have concluded. Page 6 of 9 ATTACHMENT 2 xi. Advocate for TriMet and Washington Square Mall to evaluate and modify transit facilities and services as needed in the future to better serve Washington Square Mall as it redevelops, including an evaluation of the need for and location of the Progress Ridge Park& Ride. xii. Evaluate and pursue opportunities to connect the area to regional and local trails outside the City during the City's next update of its Trails and Greenways Plan. GOAL 15.4: Provide recreational opportunities and access to nature for all, especially for households in the Tigard WSRC with little or no private open space. POLICIES 1. Work to ensure that sufficient publicly-accessible open space is built, such as parks and plazas, to adequately serve existing and future residents, workers, and visitors through the use of acquisitions, incentives, regulations, and partnerships. 2. Improve multimodal access to existing and planned parks and trails. 3. Seek opportunities to expand the amount of green space for active or passive recreation, especially in areas planned for higher intensity development. 4. Seek opportunities to partner with private property owners, public agencies, and public service providers to advance these policies. RECOMMENDED ACTION MEASURES i. Develop a Tigard WSRC Open Space Plan that identifies open space needs, potential land acquisitions or public-private partnerships, funding sources, and priority projects. ii. Work to overcome the transportation barriers for people on foot or bike north of Highway 217 traveling to Fanno Creek Trail, Tigard Heritage Trail, and Bagan Park. iii. Work to formalize the Washington Square Loop and Metzger-Fowler Loop including, but not limited to, interjurisdictional coordination, community engagement, wayfinding signage, and street improvements. iv. Approach private property owners west and north of the planned park on Steve Street to explore interest in and the feasibility of providing public access to the park from Hall Blvd or Spruce Street. v. Partner with Washington County to advocate for ODOT to provide a safe crossing of Hall Blvd at or near Hemlock Street to improve access to Metzger Park across Hall Blvd. vi. Require higher intensity development to provide public open space or amenities upon redevelopment through regulatory incentives, proportional exactions, or System Development Charge credits. vii. Engage private property owners and Clean Water Services in the City-led Washington Square Stormwater Retrofit Project to study the feasibility of retroactively adding aboveground stormwater facilities that also provide public open space or recreation opportunities. viii. Partner with Tigard-Tualatin School District to improve Metzger School Park. ix. Partner with CPO-4M or other community-based organization to explore interest in Ash Creek wetland restoration, including limited public access, with private property owners. Page 7 of 9 ATTACH ME NT 2 GOAL 15.5: Facilitate the development of a variety of housing types and densities in the Tigard WSRC to meet the needs of households of all incomes and sizes. POLICIES 1. Allow housing everywhere in the Tigard WSRC. 2. Support the development of a variety of housing types and densities in single-use and mixed-use buildings. 3. Support the development of needed housing, including middle housing. 4. Encourage housing above ground-floor commercial uses. RECOMMENDED ACTION MEASURES i. Remove regulatory barriers for medium-and high-density housing development. ii. Implement the Tigard Affordable Housing Plan, especially those policies and programs that support middle housing development. iii. Offer height bonuses for residential mixed-use developments in Hall Blvd "Main Street" area. GOAL 15.6: Support regional-serving businesses in the Tigard WSRC while working to grow traded-sector and local-serving businesses in order to advance economic mobility for all. POLICIES 1. Foster economic and business growth by providing incentives and removing regulatory barriers where consistent with these goals and policies. 2. Support and encourage major redevelopment of the Washington Square Mall where consistent with these goals and policies. 3. Utilize a variety of strategies to support Hall Blvd businesses. RECOMMENDED ACTION MEASURES i. Remove regulatory barriers in targeted areas including, but not limited to, minimum requirements for parking, building height, residential density, and floor area ratio. ii. Offer height bonuses for commercial mixed-use development in medium-density residential areas. iii. Explore the feasibility of a community commercial investment pilot project along Hall Blvd. iv. Explore interest in an Oregon "Main Street" designation for Hall Blvd. v. Explore interest in a business incubation program to grow the local labor and supply chain. vi. Develop a variety of resources and materials in multiple languages for small businesses, such as a list of small business advisors. Page 8 of 9 ATTACH ME NT 2 GOAL 15.7: Collaborate and coordinate with applicable agencies, service providers, and community partners to implement the Tigard WSRC land use and transportation framework. POLICIES 1. Advocate for financial and political support at the state and regional levels to realize the land use and transportation vision for the Tigard WSRC in recognition of the critical role it plays within the region and beyond for managing growth and creating climate-resilient and equitable communities. 2. Coordinate with Metro to ensure that the Tigard WSRC goals and policies are consistent with the Metro Regional Framework Plan and Metro 2040 Growth Concept. 3. Collaborate with applicable agencies and service providers to ensure that needed transportation, transit, and utility infrastructure improvements are identified and prioritized for strategic public and private investment. 4. Maintain existing relationships and cultivate new relationships with community partners to advance these goals and policies. 5. Seek funding from a variety of sources to advance these goals and policies. RECOMMENDED ACTION MEASURES i. Participate in the Oregon Climate-Friendly and Equitable Communities Rulemaking efforts and amend policies and regulations as appropriate for local compliance. ii. Work with ODOT to evaluate the feasibility of improving the existing Greenburg Rd bridge over Highway 217 and installing a new pedestrian bridge at 95th Ave over Highway 217. iii. Advocate for ODOT to prioritize pedestrian and bicycle improvements along Hall Blvd. iv. Discuss jurisdictional transfer and right-of-way annexation with ODOT for the portion of Hall Blvd within the Tigard WSRC after the jurisdictional transfer discussions for the southern portion of Hall Blvd have concluded. v. Advocate for Washington County to prioritize MSTIP funding for Greenburg Rd improvements. vi. Work with Washington County to transfer jurisdiction of Greenburg Rd from the County to the City. vii. Partner with Clean Water Services to complete the City-led Washington Square Stormwater Retrofit Project. Page 9 of 9 ATTACH ME NT 2 Text shown in bold, italic, and underlined is proposed to be added. Text shown in strilethr-ettgh is proposed to be removed. Tigard Municipal Code I Title 18 Tigard Community Development Code I Chapter 18.670 Washington Square Plan District 18.670.020 Applicability C. Subdistrict. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental is allowed as a primary use in the subdistrict identified on Map 18.670.A. In addition to complying with all applicable development standards, Motor Vehicle Sales/Rental uses that are primary uses must meet the following standards: 1. Properties located east of Highway 217 must contain all sales and rental inventory, materials and equipment, and vehicle service areas inside a building, except for the existing Motor Vehicle Sales/Rental development located at the northwest corner of Highway 217 and Greenburg Road. 2. Properties located west of Highway 217 must contain all sales and rental inventory, materials and equipment,and vehicle service areas inside a building or behind a building such that inventory and service areas are not visible from Cascade Avenue. 18.670.025Application Type and Approval Criteria for Motor Vehicle Sales/Rental Uses A. A new Motor Vehicle Sales/Rental Use allowed by Table 181201 that includes maintenance and repair activities as an accessory use requires a site development review or major modification application The approval authority will approve or approve with conditions a site development review or maior mo&6cation applica tion when all of the applicable approval criteria listed in Chapter 18.780 Site Development Reviews, or Chapter 18.765 Modifications, are met B. In addition to the approval criteria identified in Subsection 18.670.025.A above the approval criteria listed belowmust be met when a new Motor Vehicle Sales/Rental Use includes maintenance and repair activities as an accessory use and is located on a property identified in Paragraph IS 670.020 C1 1. Any adverse impacts from the proposed maintenance and repair activities are m&Ji ated to the extent practicable, including but not limited to noise, odors, and vibrations,and 2. All customer vehicle drop-off areas associated with the proposed maintenance and repair activities are clearlvidentified and designed to prevent vehicle idling and queuing outside ofa bulding-and Page 1 of 2 ATTACHMENT 2 3. The Prosed maintenance and repair activities and associated driveways, accesswa ysdrive aisles, and parking areas are located and designed to support pedestrian access, safe(y, and comfort. 18.670.100 Street and Accessway Standards A. The recommended roadway functional classification map and street cross-sections in the Washington Square Regional Center Plan govern the improvement and construction of major streets within the Washington Square Regional Center Plan District, with the exception of Oak Street as provided below. B The following street desian standards apply to Oak Street between Greenbury Rd and Hall Blvd. 1. The cross section for the north side of the street must be consistent with Table 18.910.1 for Collector streets, except that on-street parking is allowed and no bike lane is required;and 2. The cross section for the south side of the street must be consistent with Table 18.910.1 for Collector streets, except that on-street parking is allowed and a 12- foot-Hid ,e 2- foot wide grade-separated, multi-useath is required in lieu of bike lane and sidewalk. Page 2 of 2 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21- AN ORDINANCE ADOPTING AMENDMENTS TO THE TIGARD COMPREHENSIVE PLAN AND COMMUNITY DEVELOPMENT CODE SPECIFIC TO THE WASHINGTON SQUARE REGIONAL CENTER, INCLUDING NEW LONG-RANGE GOALS, POLICIES, AND RECOMMENDED ACTION MEASURES IN RESPONSE TO CURRENT COMMUNITY NEEDS AND ASPIRATIONS, EMERGING MARKET TRENDS AND REALITIES,AND TIGARD'S VISION TO BE A WALKABLE, HEALTHY,AND INCLUSIVE COMMUNITY. (CPA2021-00005 and DCA2021-00003) WHEREAS, Washington Square is one of eight regional centers in the Metro 2040 Growth Concept that is intended to contain compact and urban-scale development with high-quality transit service and multimodal transportation facilities;and WHEREAS,the first plan for the Washington Square Regional Center (WSRC) was adopted by Tigard in 2000; and WHEREAS, existing city policy directs a significant portion of Tigard's future employment growth and high- density housing to the WSRC; and WHEREAS, the WSRC has substantial redevelopment potential but does not yet contain all the desired elements of a regional center; and WHEREAS, the City of Tigard was awarded a grant from Metro to identify regulatory barriers and develop new policies that support more compact,urban-scale development and multimodal transportation options; and WHEREAS, the City of Tigard engaged the community in a two-year WSRC planning project that included equitable engagement strategies and outcomes;and WHEREAS, the City of Tigard developed a new WSRC land use and transportation policy framework for inclusion in Chapter 15 of the Tigard Comprehensive Plan that replaces the original WSRC plan (Ordinance No. 00-18) with new goals, policies, and recommended action measures for guiding future public and private investment in the WSRC; and WHEREAS, the City of Tigard also drafted minor code amendments to Chapter 18.670 of the Tigard Community Development Code consistent with recent policy decisions that regulate development in the WSRC; and WHEREAS, the City of Tigard intends to develop a more comprehensive set of WSRC code amendments in the near future to fully implement the new Comprehensive Plan goals and policies adopted herein; and WHEREAS on November 15,2021,the Tigard Planning Commission held a public hearing,which was noticed in accordance with city standards, and recommended approval of the amendments with a vote in unanimous support;and ORDINANCE No. 21- Page 1 WHEREAS, on December 14, 2021, the Tigard City Council held a public hearing, which was noticed in accordance with city standards,to consider the Planning Commission's recommendation,hear public testimony, and review the findings and conclusions in support of the amendments. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The amendments to the Tigard Comprehensive Plan that are attached as Exhibit A are hereby adopted. SECTION 2: The underline and strikeout amendments to Tigard Municipal Code Title 18 Chapter 18.670 that are attached as Exhibit B are hereby adopted. SECTION 3: The findings and conclusions that are attached as Exhibit C are hereby adopted as the basis in support of this Ordinance. SECTION 4: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 5: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By vote of all council members present after being read by number and title only,this day of 32021. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of 32021. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 21- Page 2 EXHIBIT A Tigard Comprehensive Plan Special Planning Areas I Chapter 15 Washington Square Regional Center Washington Square Regional Center Overview The Washington Square Regional Center(WSRC) encompasses approximately 1,000 acres of commercial and residential land that is located on the northern edge of Tigard, the southeastern edge of Beaverton, and the eastern edge of unincorporated Washington County. While centered on the Washington Square Mall, it extends nearly a mile in all directions from the mall itself. Designated a regional center in 1995, it is one of eight regional centers identified in the Metro 2040 Growth Concept. Regional centers are intended to contain compact and urban-scale development adjacent to major transportation corridors with high- quality transit service and multimodal transportation facilities. Washington Square was designated a regional center because of its concentration of jobs and stores that are accessible from around the region via Highway 217, Hall Boulevard, Scholls Ferry Road, and multiple transit lines. However, the area does not yet contain all the desired elements of a regional center.The development pattern is predominantly suburban in scale and character, and multimodal transportation facilities are nonexistent or substandard. The first plan for the WSRC was developed in 1999. It envisioned the area as a dense and walkable commercial hub with lots of housing, urban amenities, and mixed-use development served by commuter rail, multiple bus lines, and a local shuttle.These aspirations are reflected in various chapters of the Comprehensive Plan. It has long been the City's goal to direct a significant portion of Tigard's future employment growth and high-density housing to this area. This goal still guides long-term planning for the WSRC. However, many things have changed since the development of the original plan. Online shopping has disrupted the retail sector, and technological innovations are changing the way people travel and work. Equity has become a higher priority for the City, and housing and climate issues have become more severe. In 2020-2021,the City engaged the community in a long-range planning project to update the original plan. The main goal of this update project was to refine the original vision and update existing policies to better align them with current community needs and aspirations, emerging market trends, and Tigard's goal to be a walkable, healthy, and inclusive community per the City's 2020-2025 Strategic Plan.The project team made a special effort to engage community members who reflected the diversity of the WSRC community, particularly those from historically marginalized populations. Hundreds of community members participated in the project and helped shape project outcomes. Page 1 of 9 EXHIBIT A The findings, goals, policies, and action measures in this Special Planning Areas section are from the 2020- 2021 update project.The focus of this section is the portion of the regional center within Tigard's Urban Planning Area, which includes land within Tigard and unincorporated Washington County. For the purposes of this chapter, this subset of the regional center is referred to as the Tigard WSRC. Key Findings • Development of the regional center into a dense,walkable, and vibrant place has been challenging. The regional center is located within three jurisdictions and served by even more service providers.The various jurisdictions and service providers have not always shared the same priorities over time. More than a dozen zones regulate development in the area, and there is no dedicated funding source to build needed public improvements.The market and physical conditions that would support more intense and compact development on a broad scale do not yet exist. • The majority of land in the regional center is devoted to commercial activity in single-use buildings with large surface parking areas.There is very little vacant land. Existing zoning allows for more intense mixed-use development, but the area remains largely underdeveloped and auto-oriented. Lincoln Center is the exception. It is a compact, multi-story development that provides employment for almost 1,000 employees in over a hundred businesses, but the rest of the area lacks this level of development intensity and diversity. Very little new commercial development has occurred in the last several decades. However, the Washington Square Mall is poised to redevelop portions of its site with taller, mixed-use buildings, potentially signaling additional changes to come. • The regional center population is more diverse than the City as a whole and has above average indicators of potential disadvantage. The regional center is home to roughly 2,000 people. Compared to the city overall, the regional center is home to more renters and households with low and moderate incomes. • Renters in and adjacent to the regional center may be at risk for displacement. Those who live in older, unsubsidized housing;face more discrimination in the housing market; or pay more than 30% of their income for rent(i.e., cost-burdened households) are at particular risk. The conditions that could cause displacement are already present in the area.There is a large renter population (roughly half of whom are cost-burdened) and a number of older, unsubsidized apartment buildings, particularly along Hall Blvd. Moreover,future public or private investment has the potential to make the area more desirable, which can lead to higher rents, redevelopment, or major renovations, particularly if new housing is not built to absorb the increased demand. Large-scale displacement is likely not imminent, but displacement is hard to address after the fact and requires early intervention. • The number of employees and businesses in the regional center has declined by about 12 percent since 2003.Salaries across all industries in this area have declined as well.The lowest-paid employees made up roughly one-third of the 2018 workforce—totaling over 5,000 employees—and earned 33 percent less than their 2003 counterparts. Page 2 of 9 EXHIBIT A • The retail landscape is changing. The large concentration of existing retail businesses at a highway interchange makes the area relatively attractive for retail businesses serving southeastern Washington County. However, recent retail trends suggest dramatic shifts occurring in the suburbs, especially around suburban shopping centers and malls. Demand for urban-style living and experiential and entertainment retail has increased over the past several years, coupled with the closure of big box stores. • Employment areas are in transition. Existing business parks have lower rents compared to other nearby employment areas. Vacancy rates are high, and some tenant spaces have begun to transition to other uses—such as specialty retail and light manufacturing—indicating reduced demand from traditional office users.These business parks have limited opportunities for redevelopment but offer potential for property owners to improve and modernize their properties to attract tenants who would otherwise look elsewhere in the region. • There is strong potential for residential infill development. Recent and pending construction activity in the area shows fairly strong demand for residential development such as apartments, rowhouses, and detached houses, all of which are consistent with the vision for the area. • City regulations are an impediment to desired development. While existing zoning allows for a variety of development types and scales, development regulations make high-density development prohibitively expensive (because of minimum parking and landscaping requirements) and largely preclude low-and medium-density development(because of minimum density and height requirements). • There is good vehicle access to the regional center. However,travel within the area is difficult for all modes of travel—but especially for people walking and biking—due to barriers created by existing development, major roads, train tracks, and Fanno Creek. • Pedestrian and bike facilities are disconnected or non-existent.All major roads in the regional center have discontinuous pedestrian and bike facilities that are not appropriately sized or buffered for the road conditions. Existing crossings of major roads, including Highway 217, are few and far between, making it difficult for people on foot or bike to access parks, trails,transit, services, and schools. Fanno Creek Trail provides a continuous north-south route for people on foot or bike, but it is difficult to reach without a vehicle. • Transit service is present but poorly integrated.The area is served by multiple bus lines and the WES commuter rail. However,the WES station and the Washington Square Transit Center are separated by Highway 217, and neither offers many amenities for riders. A park and ride lot located between the two is difficult to access by foot or bike from either direction. Additionally, the Southwest Corridor Light Rail Project is being planned for elsewhere, making the area one of only two regional centers not served by light rail. Page 3 of 9 EXHIBIT A GOAL 15.1: Develop a coordinated land use and transportation framework that supports development of the Tigard WSRC into a dense, walkable, and vibrant place and that also reflects market realities, community needs and aspirations, and City goals related to sustainable growth. POLICIES 1. Promote the efficient use of land through regulations, incentives, and partnerships. 2. Allow a complementary mix of land uses that are appropriate in a walkable urban environment. 3. Prioritize high-intensity, transit-supportive development on both sides of Greenburg Rd and along Oak Street. Limit new low-intensity development in these areas to preserve opportunities for higher intensity development over the long-term. 4. Allow incremental increases in development intensity outside of areas prioritized for high-intensity, transit-supportive development. 5. Regulate the design and location of streets, buildings, parking areas, and other site improvements to support the development of a walkable urban environment. 6. Utilize a variety of strategies over time to minimize and mitigate the impacts of increased on-street parking and traffic that potentially may occur with higher intensity development. RECOMMENDED ACTION MEASURES i. Update land use regulations for the Tigard WSRC as follows: a. Zone the areas on both sides of Greenburg Rd, including the Washington Square Mall, for horizontal and vertical mixed-use development in buildings up to 12 stories tall that support a wide range of stores, services, and housing options. b. Zone the areas west of Highway 217 for a mix of commercial and light industrial uses in buildings up to 7 stories tall, with an option for housing on upper stories. c. Zone the areas west of and along Hall Blvd for a variety of housing types and densities in buildings between 1 and 3 stories tall in most places and up to 7 stories tall along Oak Street, with an option for ground floor commercial uses in some locations. d. Zone the existing commercial node along Hall Blvd, roughly between Locust Street and Oak Street, for small-scale neighborhood-serving businesses in buildings up to 2 stories tall, with an option for additional stories if housing is provided on upper stories. ii. Update street, site, and building design regulations consistent with these goals and policies. iii. Allow a range of building heights by-right and with discretionary approval as a strategy for achieving higher intensity development in targeted areas. iv. Incentivize vertical mixed-use development in targeted areas through measures such as height bonuses or the creation of a Vertical Housing Development Zone. v. Work with property owners, businesses, residents, and neighborhood or homeowner associations to develop traffic calming or parking management plans as needed. vi. Apply City land use designations and zoning classifications to properties in unincorporated Washington County only upon annexation to the City of Tigard. Page 4 of 9 EXHIBIT A GOAL 15.2: Implement and advocate for an equitable and inclusive approach to public investment in the Tigard WSRC in which the benefits of development are broadly shared by all. POLICIES 1. Support the development and preservation of regulated affordable housing. 2. Work to prevent displacement of socially vulnerable households in anti-displacement priority areas. 3. Seek opportunities to expand the amount of green space for active or passive recreation in areas with a large number of market affordable or regulated affordable housing units. 4. Prioritize and advocate for active transportation improvements that improve access to nature, recreation, schools,transit,jobs, and services in areas with a large number of market affordable or regulated affordable housing units. 5. Work to increase business diversity, especially the number of minority-and women-owned businesses in the area. RECOMMENDED ACTION MEASURES I. Partner with culturally diverse community organizations to reach socially vulnerable households, understand their needs and priorities, and involve them in the public investment planning process. ii. Look at ongoing funding solutions, such as setting aside development fees, to support development of affordable housing, prevent residential displacement, improve the active transportation network, and expand green space for recreation. iii. Implement the Tigard Affordable Housing Plan, especially those policies and programs that support rental housing stability and affordable housing development. iv. Offer height bonuses and some City fee exemptions for developments with affordable housing units. v. Partner with non-profit and multicultural business partners to support women-and minority- owned businesses. Page 5 of 9 EXHIBIT A GOAL 15.3: Prioritize improvements to the active transportation network in the Tigard WSRC to improve safety, access, and comfort for people of all ages and abilities and to advance the City's climate resiliency and equity goals. POLICIES 1. Include Tigard WSRC active transportation needs and recommendations in the Tigard Transportation System Plan. 2. Require development to improve the transportation network for all modes of travel in proportion to its impact on the network. 3. Develop one or more safe and comfortable active transportation routes across Highway 217 and along and across Greenburg Rd for people traveling to Fanno Creek Trail,Tigard Heritage Trail, Metzger Elementary School, or Fowler Middle School in coordination with ODOT and Washington County. 4. Advocate for TriMet to provide high-quality transit facilities and services to, from, and within the area that will provide a competitive travel option for workers and residents, resulting in less vehicle miles traveled per capita and related greenhouse gas emissions. 5. Advocate for the applicable road authorities to expand and enhance pedestrian and bicycle facilities, especially on major roads and transit streets. 6. Seek opportunities to connect the area to regional and local trails in Washington County, Beaverton, and Portland. RECOMMENDED ACTION MEASURES i. Evaluate alternative pedestrian and bicycle routes from the area north of Highway 217 to the Tigard Heritage Trail northern terminus and the Fanno Creek Trail access on North Dakota Street, including a new Highway 217 overcrossing at 95th Ave. ii. Develop street cross sections for Greenburg Rd and Oak Street that reflect their role in the active transportation network, are consistent with their functional classifications, and respond to right-of- way constraints created by existing development. iii. Pursue jurisdictional transfer of Greenburg Rd from Washington County to Tigard. iv. Pursue Washington County MSTIP funding for Greenburg Rd to improve pedestrian and bicycle safety, access, and comfort between North Dakota Street and Hall Blvd. v. Complete pedestrian and bicycle facilities on Oak Street, including a grade-separated pedestrian and bicycle path and intersection improvements at Greenburg Rd, Hall Blvd, and 87th Ave. Reclassify the segment between Greenburg Rd and 90th Ave as a Collector Street. vi. Extend Lincoln Street south to Oak Street and reclassify as a Local Street. vii. Advocate for Washington County to complete pedestrian and bicycle facilities on 901h Ave, reclassify as a Neighborhood Route, and evaluate for Neighborhood Greenway treatments. viii.Advocate for Washington County to evaluate the feasibility of a pedestrian connection between Borders Street and Hall Blvd. ix. Advocate for ODOT to improve pedestrian and bicycle safety, access, and comfort along Hall Blvd and Scholls Ferry Rd through measures such as protected bike lanes, sidewalk infill, and enhanced crossings. x. Discuss jurisdictional transfer and right-of-way annexation with ODOT for the portion of Hall Blvd within the Tigard WSRC after the jurisdictional transfer discussions for the southern portion of Hall Blvd have concluded. Page 6 of 9 EXHIBIT A xi. Advocate for TriMet and Washington Square Mall to evaluate and modify transit facilities and services as needed in the future to better serve Washington Square Mall as it redevelops, including an evaluation of the need for and location of the Progress Ridge Park& Ride. xii. Evaluate and pursue opportunities to connect the area to regional and local trails outside the City during the City's next update of its Trails and Greenways Plan. GOAL 15.4: Provide recreational opportunities and access to nature for all, especially for households in the Tigard WSRC with little or no private open space. POLICIES 1. Work to ensure that sufficient publicly-accessible open space is built, such as parks and plazas,to adequately serve existing and future residents, workers, and visitors through the use of acquisitions, incentives, regulations, and partnerships. 2. Improve multimodal access to existing and planned parks and trails. 3. Seek opportunities to expand the amount of green space for active or passive recreation, especially in areas planned for higher intensity development. 4. Seek opportunities to partner with private property owners, public agencies, and public service providers to advance these policies. RECOMMENDED ACTION MEASURES i. Develop a Tigard WSRC Open Space Plan that identifies open space needs, potential land acquisitions or public-private partnerships,funding sources, and priority projects. ii. Work to overcome the transportation barriers for people on foot or bike north of Highway 217 traveling to Fanno Creek Trail,Tigard Heritage Trail, and Bagan Park. iii. Work to formalize the Washington Square Loop and Metzger-Fowler Loop including, but not limited to, interjurisdictional coordination, community engagement, wayfinding signage, and street improvements. iv. Approach private property owners west and north of the planned park on Steve Street to explore interest in and the feasibility of providing public access to the park from Hall Blvd or Spruce Street. v. Partner with Washington County to advocate for ODOT to provide a safe crossing of Hall Blvd at or near Hemlock Street to improve access to Metzger Park across Hall Blvd. vi. Require higher intensity development to provide public open space or amenities upon redevelopment through regulatory incentives, proportional exactions, or System Development Charge credits. vii. Engage private property owners and Clean Water Services in the City-led Washington Square Stormwater Retrofit Project to study the feasibility of retroactively adding aboveground stormwater facilities that also provide public open space or recreation opportunities. viii. Partner with Tigard-Tualatin School District to improve Metzger School Park. ix. Partner with CPO-41VI or other community-based organization to explore interest in Ash Creek wetland restoration, including limited public access,with private property owners. Page 7 of 9 EXHIBIT A GOAL 15.5: Facilitate the development of a variety of housing types and densities in the Tigard WSRC to meet the needs of households of all incomes and sizes. POLICIES 1. Allow housing everywhere in the Tigard WSRC. 2. Support the development of a variety of housing types and densities in single-use and mixed-use buildings. 3. Support the development of needed housing, including middle housing. 4. Encourage housing above ground-floor commercial uses. RECOMMENDED ACTION MEASURES i. Remove regulatory barriers for medium-and high-density housing development. ii. Implement the Tigard Affordable Housing Plan, especially those policies and programs that support middle housing development. iii. Offer height bonuses for residential mixed-use developments in Hall Blvd "Main Street" area. GOAL 15.6: Support regional-serving businesses in the Tigard WSRC while working to grow traded-sector and local-serving businesses in order to advance economic mobility for all. POLICIES 1. Foster economic and business growth by providing incentives and removing regulatory barriers where consistent with these goals and policies. 2. Support and encourage major redevelopment of the Washington Square Mall where consistent with these goals and policies. 3. Utilize a variety of strategies to support Hall Blvd businesses. RECOMMENDED ACTION MEASURES i. Remove regulatory barriers in targeted areas including, but not limited to, minimum requirements for parking, building height, residential density, and floor area ratio. ii. Offer height bonuses for commercial mixed-use development in medium-density residential areas. iii. Explore the feasibility of a community commercial investment pilot project along Hall Blvd. iv. Explore interest in an Oregon "Main Street" designation for Hall Blvd. v. Explore interest in a business incubation program to grow the local labor and supply chain. vi. Develop a variety of resources and materials in multiple languages for small businesses, such as a list of small business advisors. Page 8 of 9 EXHIBIT A GOAL 15.7: Collaborate and coordinate with applicable agencies, service providers, and community partners to implement the Tigard WSRC land use and transportation framework. POLICIES 1. Advocate for financial and political support at the state and regional levels to realize the land use and transportation vision for the Tigard WSRC in recognition of the critical role it plays within the region and beyond for managing growth and creating climate-resilient and equitable communities. 2. Coordinate with Metro to ensure that the Tigard WSRC goals and policies are consistent with the Metro Regional Framework Plan and Metro 2040 Growth Concept. 3. Collaborate with applicable agencies and service providers to ensure that needed transportation, transit, and utility infrastructure improvements are identified and prioritized for strategic public and private investment. 4. Maintain existing relationships and cultivate new relationships with community partners to advance these goals and policies. 5. Seek funding from a variety of sources to advance these goals and policies. RECOMMENDED ACTION MEASURES i. Participate in the Oregon Climate-Friendly and Equitable Communities Rulemaking efforts and amend policies and regulations as appropriate for local compliance. ii. Work with ODOT to evaluate the feasibility of improving the existing Greenburg Rd bridge over Highway 217 and installing a new pedestrian bridge at 95th Ave over Highway 217. iii. Advocate for ODOT to prioritize pedestrian and bicycle improvements along Hall Blvd. iv. Discuss jurisdictional transfer and right-of-way annexation with ODOT for the portion of Hall Blvd within the Tigard WSRC after the jurisdictional transfer discussions for the southern portion of Hall Blvd have concluded. v. Advocate for Washington County to prioritize MSTIP funding for Greenburg Rd improvements. vi. Work with Washington County to transfer jurisdiction of Greenburg Rd from the County to the City. vii. Partner with Clean Water Services to complete the City-led Washington Square Stormwater Retrofit Project. Page 9 of 9 EXHIBIT B Text shown in bold, italic, and underlined is proposed to be added. Text shown in strikethr-ough is proposed to be removed. Tigard Municipal Code I Title 18 Tigard Community Development Code I Chapter 18.670 Washington Square Plan District 18.670.020 Applicability C. Subdistrict. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental is allowed as a primary use in the subdistrict identified on Map 18.670.A. In addition to complying with all applicable development standards, Motor Vehicle Sales/Rental uses that are primary uses must meet the following standards: 1. Properties located east of Highway 217 must contain all sales and rental inventory, materials and equipment, and vehicle service areas inside a building, except for the existing Motor Vehicle Sales/Rental development located at the northwest corner of Highway 217 and Greenburg Road. 2. Properties located west of Highway 217 must contain all sales and rental inventory, materials and equipment, and vehicle service areas inside a building or behind a building such that inventory and service areas are not visible from Cascade Avenue. 18.670.025Application Tvne and Approval Criteria for Motor Vehicle Sales/Rental Uses A. A new Motor Vehicle Sales/Rental Use allowed by Table 181201 that includes maintenance and repair activities as an accessory use requires a site development review or major modification application. The approval authorityapprove or approve with conditions a site development review or major modification application when all of the applicable approval criteria listed in Chapter 18.780 Site Development Reviews, or Chapter 18.765, Modifications, are met B. In addition to the approval criteria identified in Subsection 18.670.029.A above, the approval criteria listed belowmust be met when a newMotor Vehicle Sales/Rental Use includes maintenance and Mpair activities as an accessory use and is located on a property identified in Paragraph 18.670.020.C 1 1. Any adverse impacts from the proposed maintenance and repair activities are nVy;g,ated to the extent practicable includtn but not limited to noise odors and vibrations:and 2. All customer vehicle drop-off areas associated with the proposed maintenance and repair activities are clearly identified and designed to prevent vehicle idUn and queuing outside of building;and Page 1 of 2 EXHIBIT B 3. The Moposed maintenance and reRair activities and associated drivewa s accessways, drive aisles, and parking areas are located and designed to support pedestrian access, safety, and comfort 18.670.100 Street and Accessway Standards A. The recommended roadway functional classification map and street cross-sections in the Washington Square Regional Center Plan govern the improvement and construction of major streets within the Washington Square Regional Center Plan District, with the exception of Oak Street as provided below. B. The following street design standards apply to Oak Street between Gteenburg Rd and Hall Blvd. 1. The cross section for the north side of the street must be consistent with Table 18.910.1 for Collector streets except that on-streetparking is allowed and no bike lane is required;and 2. The cross section for the south side of the street must be consistent with Table 18.910.1 for Collector streets, except that on-street�arking is allowed and a 12- foot-wide,grade-separated, multi-use path is required in lieu of bike lane and sidewalk. Page 2 of 2 EXHIBIT C FINDINGS AND CONCLUSIONS This document contains all applicable city, regional, and state provisions that apply to the package of legislative amendments known as the Washington Square Regional Center Comprehensive Plan Update (CPA2021-00005 and DCA2021-00003) and describes how each provision is met. Provisions that are not included are not considered applicable. TIGARD COMMUNITY DEVELOPMENT CODE (TCDC) Title 18 of the Tigard Municipal Code Chapter 18 710110 (Legislative Procedure) and Chapter 18.790 (Text and Map Amendments) 18.790.020.A Approval process. A legislative amendment application is processed through a 18.710.110.A Legislative procedure, as provided in Section 18.710.110. FINDING: The proposed Comprehensive Plan Amendment(CPA) and Development Code Amendment(DCA) are being processed through a legislative procedure, as provided in TCDC Section 18.710.110, using the approval criteria outlined in TCDC Section 18.790.020. Additionally, TCDC Section 18.710.110 requires two public hearings: one before Planning Commission (scheduled for November 15, 2021), and one before City Council (scheduled for December 14, 2021). Following a recommendation from Planning Commission, City Council will make a decision on this application. These requirements have been or will be met. 18.790.0203 Approval considerations. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements.They may,but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. FINDING: The following city, regional, and state provisions apply to the proposed CPA and DCA:Tigard Community Development Code Chapters 18.670, 18.710, and 18.790;Tigard Comprehensive Plan Goals 1, 2, 8, 9, 10, 12, and 14;Oregon Statewide Planning Goals 1, 2, 81 91 10, 12, and 14;and Metro Urban Growth Management Functional Plan (Chapter 3.07) Titles 1 and 6.As detailed in the findings below,the applicable city, regional,and state provisions are met for this proposal. Chapter 18.670 Washinnton Square Regional Center Plan District 18.670.010.A.1 The purpose of this chapter is to implement the vision, concepts, and principles contained in the Washington Square Regional Center Plan, and the recommendations contained in the Phase II Implementation Plan Summary Report prepared by a task force appointed by the City of Tigard. FINDING: The CPA proposal replaces the 1999 [Ylashington Square Regional Center Plan and Phase II Report with a new Comprehensive Plan section that includes updatedgoals,policies, and action measures specific to the WISKC. The City anticipates preparing a package of code amendments for the public's consideration within six months of its adoption. This package of future code amendments would be designed to implement many of the newly adoptedgoals,policies, and action measures and, at a minimum, would include recommendations to change the Tigard Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 1 of 14 EXHIBIT C Comprehensive Plan Map and Zoning Map and repeal and replace Chapter 18.670, which curivntyrrgulates development in the WISRG The proposal is consistent with this provision. 18.670.010.A.2 Metro's Regional Urban Growth Management Functional Plan target growth capacity for the Washington Square regional center will be met by allowing mixed- use development within the regional center at densities appropriate for an urban center. FINDING: The CPA proposal contains new goals and policies that allow vertical and horizontal mixed-use development at densities appropriate for an urban center and that reflect current and projected market realities and community needs and aspirations. Theproposal is consistent with this provision. 18.670.010.A.3 A mixed-use regional center will contain a variety of districts that vary in scale, predominant use,and character. Distinct districts,connected to each other and to the rest of the region by a multimodal transportation system,will provide a range of working,living, and shopping opportunities. FINDING: The CPA proposal contains new goals and policies that allow development to vary in scale, use, and character based on location. The CPA proposal is a distillation of what the 2020-2021 VSRC Update Project heard from the community and learned through its technical analysis. The rationale for directing different types and scales of development to different areas within the regional center vanes widely. In most cases, the final proposal balances competing interests,such as the community's need and desire far a variety ofhousing options and their desire, in some cases, to maintain longstanding low-density residential areas. The CPA proposal also contains new goals and policies that prioritize projects that improve the multimodal transportation network. There isgood access to the W1SRCfnm around the region, especially by car. However, travel within the area is dcult for all modes of travel, but especially for people walking and biking, due to barriers created by existing development, major roads, train tracks, and Fanno Creek. The proposal is consistent with this provision. 18.670.010.A.4 Improved multimodal transportation links, higher densities, variety of land uses, and enhanced environmental qualities will all contribute to create a desirable, livable community in the face of dramatic population and employment growth FINDING: The CPA proposal includes several new policies and specific action measures that support the VSRC becoming a "dense, walkable, and vibrant place,"including but not limited to: regulating the design and location of streets, buildings, and parking areas to maximize pedestrian safety, access, and comfort; incentivising vertical-mixed use development; supporting the development of needed housing working to improve multimodal access to existing nearby parks and trails; and prioritising improvements to the active transportation network. The proposal is consistent with this provision. 18.670.010.A.5 New mixed-use zoning districts, along with existing residential zoning districts in established areas, are appropriate for the regional center FINDING: The CPA proposal contains new goals and policies that direct higher-intensity, transit-supportive, mixed-use development on both sides of Greenburg and along Oak Street, Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 2 of 14 EXHIBIT C with medium-density development that isprimariyl residential directly adjacent to these areas that respects the scale of existing housing. The proposal is consistent with this provision. 18.670.020.0 In addition to complying with all applicable development standards, Motor Vehicle Sales/Rental uses that are primary uses must meet the following standards: 1. Properties located east of Highway 217 must contain all sales and rental inventory and vehicle service areas inside a building,except for the existing Motor Vehicle Sales/Rental development located at the northwest corner of Highway 217 and Greenburg Road. 2. Properties located west of Highway 217 must contain all sales and rental inventory and vehicle service areas inside a building or behind a building such that inventory and service areas are not visible from Cascade Avenue. FINDING: The DCA proposal clarifies that materials and equipment must also be screened or inside a building and adds a new section(TCDC.670.025)that addresses new car dealerships east of Highway 217 that include maintenance and repair activities. Staff was directed to develop these amendments by City Council when they approved modifications to the subdistrict on June 1, 2021 that allows car dealerships (Land Use File DCA2021-00001). Given that maintenance and repair activities are prohibited as a primary use in this area, the purpose of these amendments is to minimise the potential impact of maintenance and repair activities on the pedestrian environment when they are accessory to an allowed car dealership. The proposed amendments strike a balance between this outright prohibition and the market reality that many car dealerships include maintenance and repair activities as an accessory use. Theproposal is consistent with this provision. 18.670.100 The recommended roadway functional classification map and street cross- sections in the Washington Square Regional Center Plan govern the improvement and construction of major streets within the Washington Square Regional Center Plan District FINDING:The DCA proposal includes a new cross section for Oak Street between Greenburg Rd and Hall Blvd. This segment of Oak Street was identi red in the 2011 Tigard Greenways Trail System Master Plan as the preferred alignment for the ilashington Square Loop Trail. A section of this 12 foot wide,grade-separated path on the south side of Oak Street has already been constructed by private development. The proposed amendment codifies this crass section for the entirety of Oak Street between Greenburg Rd and Hall Blvd. The proposal is consistent with this provision. CONCLUSION• The applicable provisions of the Tigard Community Development Code are met. Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 3 of 14 EXHIBIT C TIGARD COMPREHENSIVE PLAN Goal 1: Community Involvement Goal 1.1 Provide community members, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. FINDING: City staff followed the legislative notice requirements in TCDC Section 18.710.110, including the required 35-day notices to DLCD, ODOT, and Metro. As a courtesy, notice was mailed to individuals on the citywide interested parties list on October 27, 2021, published in the Tigard Times on October 28, 2021, and emailed to Macerich on November 1, 2021. Notice of Public Hearing was also posted on the city's website, and the two public hearings scheduled before Planning Commission and City Council provide another opportunity for thepublic to provide input. Extensive community engagement was also conducted throughout the Wlashington Square Regional Center Update Project. The project s community engagement strategy included three major types of outreach: • Stakeholder Working Group:A Stakeholder Irlorking Group (SWIG) was convened to provide feedback to the project team for the duration of the project. The SWIG roster consisted of residents, businesses, service providers, community organisations,and public agency partners. This mix was intended to ensure that different types of stakeholders would hear each other's perspectives. The SWIG met as a fullgroup three times during the project, with supplemental meetings for residents and small business owners at the be and end of the project. An interpreter provided simultaneous Spanish interpretation for several Spanish-speaking SWIG members at all meetings, and key materials were translated into Spanish. Residents and small business owners who participated in the SWIG were given an honorarium to compensate them for their participation. • Metzger Neighborhood and Underrepresented Communities Outreach:An overarching goal of the project was to conduct "robust business and community outreach to involve the public and historically marginali.Zed communities, particularly the Metzger community, so that they may contribute their knowledge and shape project outcomes."As a result, the project team engaged Ver community- based organi�atian with expertise in community organising and capacity building—to assist with community engagement efforts in the ethnically and socioeconomically diverse neighborhoods in and adjacent to the project area. Outreach efforts sought to reflect the demographics of the regional center, with an emphasis on reaching marginali7,ed and underrepresented communities and engaging residents in the Metzger neighborhood. Outreach and engagement activities were conducted by Verde, SWIG community members, and City staff in English, Spanish, and Swahili. • Broad Public Outreach:The project sought input from a broad group of interested parties and community members at key milestones. The input from these activities was balanced with the input received from the targeted outreach described above. The project's community engagement plan included five rounds of engagement to gather input at different stages of the pryect starting in June 2020. The methods varied from one round to the next, allowing the project team to adapt and respond to changes in the COVID-19 pandemic Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 4 of 14 EXHIBIT C and emerging project needs. Input was received from a snide variety of stakeholders through d�erent engagement activities, including but not limited to the following: • Stakeholder Working Group Meetings • One-on-one Community Interviews • Online Survey • Online Open House • Community and Professional Organi,-ation Presentations • Culturally-Specific Focus Groups Hundreds of community members provided input, and the project team used this input to directly shape project outcomes, including the goals,policies, and action measures contained in the CPA proposal. The proposal is consistent with this goal. Goal 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan,implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 5 The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. FINDING: The WSRC is a Metro-designated regional center. The CPA proposal provides the City with a much more detailed set of goals,policies, and action measures than currently exists. Collectively, thgpromote intense urban level development through:provisions for compact, transit-supportive development that require less parking, incentives for vertical mixed-use development, and recommendations for regulating the location and design of streets, buildings, and parking areas to facilitate the development of a walkable urban environment. The proposal is consistent with this policy. Policy 18 The Council may at any time, upon finding it is in the overall public interest, initiate legislative amendments to change the Comprehensive Plan text, Plan/Zoning Map(s) and/or the Community Development Code. FINDING: City staff initiated the WSRC Update Project in 2019 with City Council support and approval to advance city goals that were in place at the time: City Strategic Plan Goal 2—Ensure development advances the vision. City Council Goal 2—Promote economic growth and community vitality by identi)�ing and removing barriers to redevelopment in Washington Square Regional Center. The CPA proposal is the result of the WSRC Update Pr jest, which included a robust community engagement program to ensure that the community's needs and aspirations shaped pr yect outcomes and r jkcted their interests. Consistent with the City's equity goals, the pr ject team made a special effort to engage community members who reflected the diversity of the WSRC community, particularythose from historically marginals.Zed populations. The proposal is consistent with this policy. Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 5 of 14 EXHIBIT C Policy 20 The City shall periodically review and, if necessary, update its Comprehensive Plan and regulatory maps and implementing measures to ensure they are current and responsive to community needs, provide reliable information, and conform to applicable state law, administrative rules, and regional requirements. FINDING: The CPA proposal is the result of a 2 year Washington Square Regional Center Update Project funded in part by a Metro 2040 Planning and Development Grant to update the Tigard Comprehensive Plan consistent with current community needs and aspirations, emerging market trends, and Tigard's goal to be a walkable, healthy, and inclusive community as directed by the City's 2020-2025 Strategic Plan. The original plan for this area was developed in 1999, and many things have changed in the last 20years. Online shopping has disrupted the retail sector, and technological innovations are changing the way people travel and work. Equity has become a higherpriority for the City,and housing and climate issues have become more severe. The CPA proposal is a necessary and timely update to the Tigard Comprehensive Plan and the City's land use program. The proposal is consistent with this policy. Goal 8: Parks,Recreation,Trails, and Open Space Goal 8.1 Provide a wide variety of high-quality park and open spaces for all residents. FINDING: The CPA proposal recommends expanding and enhancing parks and open spaces in and adjacent to the WSRC, where possible. It also recommends prioritising access to existing or planned parks and trails. The proposal is consistent with this goal. Goal 8.2 Create a Citywide network of interconnected on- and off-road pedestrian and bicycle trails. FINDING: The DCA proposal codifies the Oak Street cross section, which includes a grade- separated path on the south side of the street. This path is one segment of the Washington Square Loop Trail. The CPA proposal recommends taking steps to formalise and implement the revised and more financially feasible alignment for the Washington Square Loop Trail and the new Metzger-Fowler Loop Trail, both of which sham the same critical gap in their alignments, which is roughythe area between the Hwy 217 Greenburg interchange and the North Dakota, Tiedeman, and GreenbuT intersection. This proposal is consistent with this goal. Goal 9: Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy. FINDING: The CPA proposal includes a number of goals and policies that support mall redevelopment,foster economic growth through the removal of regulatory barriers, encourage ground floor commercial uses below housing and support the small, neighborhood-serving businesses on Hall Blvd. The proposal is consistent with thisgoal. Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Policy 1 The City shall focus a significant portion of future employment growth and high- density housing development in its Metro-designated Town Center; Regional Center(Washington Square);High Capacity Transit Corridor(Hwy 99W);and the Tigard Triangle. Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 6 of 14 EXHIBIT C FINDING: The WSKC is a Metro-designated regional center. The CPA proposal provider the City with a much more detailed set of goals,policies, and action measures than currently exists. Collectively, they promote intense urban level development through:provisions for compact, transit-supportive development that require less parking, incentives for vertical mixed-use development, and recommendations for removing regulatory barriers to medium-and high-density housing. The proposal is consistent with this policy. Goal 10: Housing Goal 10.1 Provide opportunities for a variety of housing types at a range of price levels to meet the diverse housing needs of current and future City residents. FINDING: The CPA proposal includes several goals andpolicies that support rental housing stability and the development of a variety of housing types and more affordable housing. It recommends removing regulatory barriers to medium- and high-density housing adopting local tenant protections to supplement statewideprotections, and supporting the development of middle housing and affordable housing with fee exemptions, revolving loan funds, and other similar methods. The CPA proposal also includes agoal specific to equity and inclusion that recommends the City actively work to prevent displacement of socially vulnerable households from high priority anti-displacement areas. The proposal is consistent with this goal. Goal 12: Transportation Goal 12.1 Develop mutually supportive land use and transportation plans to enhance the livability of the community. FINDING: The main goal of the WSBC Update Project was to update the land use and transportation policy framework for the area. The project team coordinated closely with land use and transportation staff f om affected jurisdictions and road authorities and held three transit- oriented development workshops with TnMet and Maceneb representatives. The pr ject team also coordinated closely with the Tigard Transportation System Plan update project.As a result, the CPA proposal includes many interrelated goals and policies that promote transformative redevelopment supported by transit and multimodal facilities, including pr lects to overcome the Hwy 217 barrier and increase access to nearby parks and trails. The proposal is consistent with this goal. Goal 12.3 Provide an accessible, multi-modal transportation system that meets the mobility needs of the community. FINDING: The DCA proposal codifies the Oak Street cross section, which includes a grade- separated path on the south side of the street. This path is one segment of the Washington Square Loop Trail. The CPA proposal includes a goal to prioriti.Ze improvements to the active transportation network and identifies specific pr jests to fill critical gaps and overcome existing barriers forpeople walking and biking. The proposal is consistent with this goal. Goal 12.5 Coordinate planning, development, operation, and maintenance of the transportation system with appropriate agencies. Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 7 of 14 EXHIBIT C Policy 1 The City shall coordinate and cooperate with adjacent agencies and service providers—including Metro, TriMet, ODOT, Washington County, and neighboring cities—when appropriate, to develop transportation projects which benefit the region as a whole,in addition to the City of Tigard. FINDING: Through the ISRC Update Project,the City coordinated with stafff om adjacent agencies and service providers, many of whom served on the project's Stakeholder Dorking Group, including but not limited to: • Metro • TriMet • ODOT • Washington County • Beaverton • Portland • Tualatin Hills Parks and Recreation District • Clean Dater Services The proposal is consistent with this goal and policy. Goal 14: Urbanization Goal 14.1 Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard City limits. Policy 3 The City shall, as needed, coordinate and/or participate in planning activities or development decisions within the Tigard Urban Services Area. FINDING: The CPA proposal includes land use and transportation recommendations for the portion of the ISRC outside city limits in unincorporated Dashington County because it is within Tigard's Urban PlanningArea. The CPA proposal also specifies that the City will apply land use designations and Zoning classifications to properties in unincorporated Washington County only upon annexation to the City of Tigard The proposal is consistent with this goal and policy. Goal 14.3 Promote Tigard citizens' interests in urban growth boundary expansion and other regional and state growth management decision. Policy 3 The City shall maintain the low-density residential character of its existing single family residential neighborhoods and accommodate more intense urban land uses in its regional and town centers and within major transportation corridors to be consistent with Statewide Planning Goals and the Metro Framework Plan. FINDING: The ISRC is a Metro-designated regional center. The CPAproposal provides the City with a much more detailed set of goals,policies, and action measures than currently exists. Collectively, they promote intense urban level development through:provisions for compact, transit-supportive development that require less parking, incentives for vertical mixed-use Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 8 of 14 EXHIBIT C development, and recommendations for removing regulatory barriers to medium-and high-density housing. Theproposal is consistent with this policy. The proposal is also consistent with Statewide Planning Goals and the Metro Framework Plan as detailed elsewhere in this report. CONCLUSION• The applicable provisions of the Tigard Comprehensive Plan are met. Metro Urban Growth Management Functional Plan Title 1 Title 1 requires each city and county to maintain or increase its housing capacity Housing except as provided in section 3.07.120. Capacity FINDING: The WSKC has made very slow progress towards becoming a dense, walkable, and vibrant place in the past two decades. This is partly because honing and development standards were out of ync with the market and planned public investment never materialised. As a result, theCPA proposal includes several recommendations that are collectively designed to support the development of the VSKC into a principal center of urban life in a way that balances market realities and the community's need for more housing and more housing options. The following is a summary of key findings and recommendations from the WSKC Update Project that relate to housing and that are reflected in the CPA proposal.• • Continue to prioriti.Ze high-density, mixed-use development on and around the mall site, eipecialybigh-density housing, recognising that mall redevelopment is the primary opportunity for regional center transformation. • Seek opportunities to partner with and leverage mall redevelopment to support community desires for open space, housing options, and diverse businesses. • Kaght-si.Ze the aspirations for all other areas, recognising that tall mixed-use buildings are highly unlikely in these areas for the foreseeable future. Focus on fostering incremental growth and change, such as supporting a range of new housing options, including middle housing. • Support residents who need access to low-cost housing so they can remain and thrive in the regional center. The intent of the CPA proposal is to maintain housing cabacilly and increase housing production in the WSKC. To that end, the CPA proposal includes goals,policies, and action measures designed to facilitate the development of needed housing in more areas of the WSRC. It recommends the following three approaches: 1) expand the areas where medium-density housing is allowed, also known as middle housing, 2)change some areas Zoned for mixed-use employment to mixed-use residential, and 3)remove regulatory barriers to high-and medium-density housing. 1) The WSBC is predominantly Zoned for mixed-use development, with some areas of low-and medium-density residential. The CPA proposal recommends rezoning the low-density residential areas within the City to medium-density mixed-use residential. 2) The IISKC contains a large area Zoned for mixed-use employment east of Greenburg Rd. The CPA proposal recommends rezoning the southern portion of this area to high-density mixed- use residential.At a minimum, this ensures that the remaining developable properties will develop with housing and not commercial-only uses. Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 9 of 14 EXHIBIT C 3) The City's existing regulations are an impediment to high-and medium-density housing. High parking and landscaping requirements make high-density housing less fcient and harder to build, while medium-density housing, such as row houses and low-rise apartments, are often precluded by minimum density and height requirements intended to encourage higher-density development. The CPA proposal recommends removing these regulatory barriers in targeted mixed-use areas,particularly in the mixed-use commercial area in the center of the regional center that is over 100 acres in si.Ze and includes Wlashington Square Mall and other large format retail stores. In closing, the CPA proposal, with its housing-specificgoals,policies, and action measures, is intended to create more opportunities for medium- and high-density housing development in the WISRC. It is supported by the extensive technical analysis completed by the WISRC Update Project that included a code audit, market study, development feasibility study, and displacement risk study. The proposal is consistent with Title 1. Title 6 The Regional Framework Plan identifies Centers, Corridors, Main Streets and Centers Station Communities throughout the region and recognizes them as the principal centers of urban life in the region. Title 6 calls for actions and investments by cities and counties to enhance this role. FINDING:The WISRC has an adopted boundary pursuant to 3.07.620(a)(1),and the CPA proposal is not recommending any modifications. The WISRC Update Prjea performed an assessment of the regional center pursuant to 3.07.620(a)(2), and the CPA proposal includes new Comprehensive Plan goals,policies, and recommended actions measures in partial compliance with 3.07.620(a)(3) that considered this assessment. The CPA proposal is not changing the Comprehensive Plan designations, Zoning classifications, or development standards for this area at this time. The City plans to address these elements of 3.07.620(a)(3) in the near future. The proposal is consistent with Title 6. CONCLUSION: The applicable provisions of the Metro Urban Growth Management Function Plan are met. OREGON STATEWIDE PLANNING GOALS Goal 1 Public Involvement FINDING: Goal 1 requires the City to provide opportunities for the public to participate in all phases of land use decision making. In this case, the City's Goal 1 obligations are satisfied by compliance with the procedural requirements for a Legislative Amendment in TCDC Section 18.710.110 and by the extensive community engagement conducted as part of the Wlashington Square Regional Center Update Pr ject that are detailed earlier in this report in response to the City's community involvementgoal. The proposal is consistent with this goal. Goal 2 Land Use Planning FINDING: Goal 2 requires local governments to adopt a comprehensive plan and implementing ordinances that are consistent with its plan. The CPA proposal updates the Tigard Comprehensive Plan,providing the City with a much more detailed set of goals,policies, and Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 10 of 14 EXHIBIT C action measures than currently exists. Assuming the CPA proposal is adopted, the City anticipates preparing a package of code amendments for the public's consideration within six months of its adoption. This package of code amendments would be designed to implement many of the newly adopted goals,policies, and action measures and, at a minimum, would include recommendations to change the Tigard Comprehensive Plan Map and Zoning Map and repeal and replace TCDC Chapter 18.670, which currently regulates development in the W/SRC. Goal also requires an `adequate factual base"for legislative decisions. The CPA proposal was developed with the hep of a consultant team with expertise in land use planning, multimodal transportation planning housing and economic analysis, and displacement risk analysis. It is supported by the extensive technical analysis completed by this team, including but not limited to a code audit, market study, development feasibility study, displacement risk study, and nonconforming analysis. Finally, Goal 2 requires coordination between local governments and state agencies. The City's Goal obligations in this regard were satisfied through ongoing coordination with and notices to affected local, regional, and state governmental entities. The proposal is consistent with this goal. Goal 8 Recreational Needs FINDING: Goal 2 requires each community to evaluate its recreation areas and facilities and develop plans to address pr jetted demand. The WSRC Update Project identified the location of existing and planned parks and trails and evaluated how ea y they mere to access from the WSRC. It determined that access was deficient for all parks and trails that were meant to serve WSRC residents and workers. As a result, the CPA proposal recommends prioritising park and trail access forpeople on foot or bike. It also recommends specific action measures to improve access,such as new or improved crossings along Hall Blvd to access Metger Park, a public access easement from the west or north to access the planned park on Steve Street, and a new pedestrian bridge over Highway 217 to access Ba an Park, Fanno Creek Trail, and Tigard Heritage Trail. The proposal is consistent with this goal. Goal 9 Economic Development FINDING: Goal 9 calls for diversification and improvement of the economy. The CPA proposal includes agoal that calls for the City to support regional-serving businesses while working to grow traded-sector and local-serving businesses in a number of ways, including, but not limited to: supporting and encouraging mall redevelopment,fostering economic and business growth by removing regulatory barriers, supporting neighborhood-serving businesses on Hall Blvd, and partnering with nonpro/it and multicultural business partners to increase the number of women- and minority-owned businesses in the area. The proposal is consistent with this goal. Goal 10 Housing FINDING: Goal 10 requires each city to plan for and accommodate needed housing types. To this end, the City adopted a Housing Strategies Report in 2013 that included recommendations for policy changes to allow a wider variety of housing types in Tigard,particularly middle housing development. This was followed by adoption of code amendments in 2018 to allow middle housing development consistent with Senate Bill 1051. The City went on to complete a Housing Needs Analysis (HNA) in 2020 that identified Tigard's future housing needs and available land supply. This analysis determined that Tigard complied with Title 1 of the Metro Urban Growth Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 11 of 14 EXHIBIT C Management Functional Plan regarding housing capacity and with the Metropolitan Housing Rule regarding residential densities and housing types. Most recently in 2021, the City updated Chapter 10 of its Comprehensive Plan to incorporate its 2020 HNA. The City's HNA identified a need of 7,416 housing units over the next 20years. The analysis also found that the current capacity of buildable lands within the city would only accommodate 4,206 units, leaving a shor fall of 3,210 units. It is worth noting that this figure is likely even higher. The city is required to use data from Metro's forecast to determine housing need. However, a 2020 report by Oregon Housing and Community Services and the Department of Land Conservation and Development demonstrated that the rrgional figures are low because they only calculate need based on population growth, which does not account for the needs of unhoused residents or the current undersupply of housing. Wlhen these factors are taken into account, the report determined that the regional housing need attributed to Tigard may be as high as 12,000 units over the next two decades. As a result of this demonstrated need for more housing—including affordable housing and higher density housing to make the most of the City's limited land supply—the WISRC Update Project evaluated how to facilitate the development of high-and medium-density housing in the WISRC. This evaluation included a code audit, market study, and development feasibility study. Additionally, and in response to the growing unhoused population, the project also completed a displacement risk study to ident!fi existing housing most likely to redevelop, remodel, or raise rents that could potentially lead to the displacement of socially vulnerable households in the near- or long-term. The WISRC Update Project subsequently used this information to develop housing and anti- displacement recommendations, and these recommendations are reflectedin thegoals,policies, and action measures included in the proposed Comprehensive Plan Amendment (CPA)for the WSRC, which is the subject of this staff report. This is significant because development in the WISRC is currently guided by a 1999 plan that was adopted as a standalone document. There are limited references to the WISRC in the Tigard Comprehensive Plan today. The proposed CPA is designed to augment Chapter 15 of the Tigard Comprehensive Plan. This chapter is reserved for special planning areas and currentyincludes goals and polices for the City's town center. This augmentation will allow for better coordination and alignment between WISRC housing goals and policies and citywide housing goals and policies, which are currently located in Chapter 10 of the Tigard Comprehensive Plan. The proposed CPA is designed to increase the City's ability to meet its growing housing need as identified in its 2020 HNA. There are seven proposed goals in total, and three in particular relate to housing. These goals and their applicable policies are listed below for reference. They are designed to either increase housingproduction,particularly high-and medium-density housing, or minimise displacement. Goal 15.1. Develop a coordinated land use and transportation framework that supports development of the Tigard WSRCmto a dense, walkable, and vibrant place and that also reflects market realities, community needs and aspirations, and Citygoals related to sustainable growth. 1. Promote the efficient use of land through regulations, incentives, and partnersh ps. 2. Allow a complementary mix of land uses that are appropriate in a walkable urban environment. Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 12 of 14 EXHIBIT C 3. Prioritise bib-intensity, trap it-upportive development on both sides of Greenburg Rd and along Oak Street. Limit nese loin-intensity development in these areas to preserve opportunities for higher intensity development over the long-term. Goa115.2: Implement and advocate for an equitable and inclusive approach to public investment in the Tigard WSRC in which the benefits of development are broadly shared by all. 1. Support the development and preservation of regulated affordable housing. 2. Work to prevent displacement of socially vulnerable households in anti-displacement priority areas. Goal 15.5.• Facilitate the development of a variety of housing types and densities in the Tigard WSRC to meet the needs of households of all incomes and sizes. 1. Allose housing everywhere in the Tigard WISRC. 2. Support the development of a variety of housing types and densities in single-use and mixed-use buildings. 3. Support the development of needed housing, including middle housing. 4. Encourage housing above ground floor commercial uses. Goals 15.1 and 15.5 (including their applicable policies and action measures) are designed to increase housing production in three ways, namely by 1) expanding the areas where medium- density housing is allowed, also known as middle housing, 2) changing some areas Zoned for mixed-use employment to mixed-use residential, and 3)removing regulatory barriers to high-and medium-density housing. 1) The WISRC is predominantly Zoned for mixed-use development, with some areas of low-and medium-density residential. The CPA proposal recommends rezoning the low-density residential areas within the City to medium-density mixed-use residential. 2) The WISRC contains a large area honed for mixed-use employment east of GreenbuT Rdd, The CPA proposal recommends rr.Zoning the southern portion of this area to high-density mixed- use residential. This will ensure that, at a minimum, the remaining developable land will develop with housing and not commercial-only uses. 3) The City's existing regulations are an impediment to high-and medium-density housing. High parking and landscaping requirements make high-density housing less eficient and harder to build, while medium-density housing, such as row houses and low-rise apartments, are often precluded by minimum density and height requirements intended to encourage higher-density development. The CPA proposal recommends removing these regulatory barriers in targeted mixed-use areas,particularly in the mixed-use commercial area in the center of the regional center that is over 100 acres in si.Ze and includes the Washington Square Mall and other large format retail stores. Goal 15.2 (including its applicable policies and action measures) is designed to support the development of affordable housing and prevent displacement of socially vulnerable households in anti-displacementprzorzty areas. It specifically recommends that the City more fully implement its Affordable Housing Plan, eipecialythose policies and programs that support rental housing stability and affordable housing development. This is because the regional centerpopulation has Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 13 of 14 EXHIBIT C above average indicators of potential disadvantage. Compared to the city overall, the regional center is more diverse and home to more renters and households with low and moderate incomes. Additionally, renters in and adjacent to the regional center may be at risk for displacement. Those who live in older, unsubsidised housing•face more discrimination in the housing market;orpay more than 30% of their income for rent (i.e., cost-burdened households) are atparticular risk. The regional center has a large renterpopulation (roughly half of whom are cost-burdened) and a number of older, unsubsidised apartment buildings,parficularyalong Hall Blvd. Moreover, future public orprivate investment has the potential to make the area more desirable, which can lead to higher rents, redevelopment, or major renovations,particularly if new housing is not built to absorb the increased demand. In summary, the CPA proposal, with its housing-specificgoalr,policies, and action measures, is intended to create more housing opportunity,promote housing equity, and mitigate displacement in the WSKC. The proposal is consistent with this goal. Goal 12 Transportation FINDING: Goal 12 calls for "a safe, convenient and economic transportation system" that addresses the needs of the "transportation disadvantaged." There is good access to the regional center by car; however, walking and biking within the area can be unsafe and uncomfortable. Large parking lots, highways, busy roads, train tracks, and creeks are d ficult barriers to overcome. Despite these challenges, it is more important than ever from a climate-resiliency and equity perspective—to prrorztiZe funding for transportation improvements forpeople who need(or choose) to walk and bike to get around, including walking and biking to transit. As a result, the CPA proposal recommends prionthUng improvements to the active transportation network that improve safety and access to nature, recreation, schools, transit,jobs, and services in areas with a large number of market affordable housing units or regulated affordable housing units. The proposal is consistent with this goal. Goal 14 Urbanization FINDING: Goal 12 requires cities to estimate futuregrowth and needs for land and then plan and Zone enough land to meet those needs. Since the WSKC was designated a regional center in 1995, it has been the City's goal to direct a significant portion of Tigard's future employment growth and high-density housing to this area. The first plan for the WSKC was developed in 1999, but the area has made slow progress towards becoming more intensely developed in the intervening decades. The 2020-2021 WSKC Update Project was initiated by the City to update the existing land use and transportation policy framework in order to better align it with current market realities while still supporting higher intensity development in the area so as to meet Tigard's future growth needs. The proposal is consistent with this goal. CONCLUSION• The applicable provisions of the Oregon Statewide Planning Goals are met. Findings and Conclusions(CPA2021-00005 and DCA2021-00003) Page 14 of 14 ATTACHMENT 4 ECONorthwest ECONOMICS • FINANCE • PLANNING DATE: November 3, 2021 TO: City of Tigard Planning Commission CC: Susan Shanks and Tom McGuire, City of Tigard FROM: Becky Hewitt, ECONorthwest SUBJECT: WSRC Code Recommendations Introduction The Washington Square Regional Center (WSRC)Update Project does not include zoning map or development code amendments to implement the project's land use and transportation policy recommendations at this time. As a result,this memorandum is intended to summarize the project team's preliminary recommendations for this future work.The preliminary map amendment recommendations are from City staff and informed by WSRC Update Project goals, findings, and recommendations. The preliminary code amendment recommendations are also informed by WSRC goals, findings, and recommendations, and ECONorthwest's market and development feasibility analysis in particular. There are two projects underway within the City of Tigard to update the Tigard Community Development Code (code) or the Tigard Zoning Map.These include: ■ Tigard MADE: An effort to Maintain, Advance, and Diversify Employment in Tigard through development code and zoning map updates; and ■ Code updates to comply with Oregon House Bill 2001, which requires updates to some of Tigard's regulations for duplexes, triplexes, fourplexes, townhouses, and cottage clusters. Because these projects have not yet finalized their code or map updates, this memorandum identifies where these updates may overlap with future WSRC code or map updates. Preliminary Map Amendment Recommendations Development in the WSRC is currently regulated by special Plan District standards within Chapter 18.670 of the code. This is consistent with how development in other special planning areas, such as the Tigard Triangle and Downtown Tigard, are regulated.The existing Plan District standards function like an overlay district in that they modify the underlying zoning standards rather than replace them entirely. City staff recommends continuing to use the Plan District approach to regulating WSRC development and applying a new Washington Square Mixed-Use (WSMU)zone with subdistricts to regulate the many unique areas within the WSRC. This is illustrated in the following maps provided by City staff. ECONorthwest I Portland I Seattle I Los Angeles I Eugene I Bend I Boise I econw.com 1 Exhibit 1 shows the proposed preliminary Comprehensive Plan land use designations and Plan District boundary. This exhibit is consistent with and would implement the recommended land use policy framework for the WSRC. Exhibit 1: Proposed Preliminary Land Use Designations and Plan District Boundary 17"1 JOB M Proposed Land Use Designations $I 0 4� `1 0.4 I l � 1-� Residential —_ i Din Sp �� dusMal � 1 r i ri 1 Proposed Land Use Designations* M Mixed-Use I Employment 1 Industrial 'rr e Residential t 1 G Open Space Proposed Washington Square �' ��-ti�a�� •, Plan District Boundary N �s�P �y Tigard City Boundary � r "Proposed land use designations would only be '� applied to properties in unincorporated Washington �y County upon annexation to Tigard. tt ��0.1 Mtles ECONorthwest 2 Exhibit 3 shows the proposed preliminary Washington Square Mixed Use (WSMU)zone boundary and other zoned areas within and adjacent to the WSRC Plan District. Exhibit 2: Proposed Preliminary Zoning r Proposed Zoning 1 J WSMU I R-4.5 I r IIEJE f PR � Proposed Zoning* . Washington Square Mixed-Use(WSMU) f Mixed-Use Employment(MUE) Light Industrial(I-L) > r. Medium-Density Residential(R-12) a Low-Density Residential(RAS) Parks and Recreation(PR) Proposed Washington Square Pian District Boundary �R + Tigard City Boundary mG� *Proposed zoning would only be applied to properties in - ty4 0 0.1 0.2 unincorporated Washington County upon annexation to Tigard. MMM ECONorthwest 3 Exhibit 3 shows the proposed preliminary WSMU zone subdistricts. As an alternative to naming subdistricts based on intended land uses (e.g., Mixed-Use Commercial, Mixed-Use Employment, Mixed-Use Residential), planning staff recommends using short,place-based names. This is intended to provide consistency with other subdistricts, such as those within the Downtown Plan District. In addition,land-use-oriented subdistrict names could create confusion with zone names, which are evolving. Exhibit 3: Proposed Preliminary WSMU Zone Subdistricts I : Proposed WSMU Zone Subdistricts 1� �x t Greenburg /! Locust _ s Hall ` Locust- ti .Hall Oak Locust , Proposed Subdistricts* ® Greenburg 0 Cascade I 0 Hall = f Oak m Locust ° ® Existing Vehicle Sales Subdistrict Proposed Washington Square cPc��a�s N Plan District Boundary a+P �, 0 1* Tigard City Boundary e *Proposed Subdistricts would only be applied to properties in RAS 0 0.1 0.2 unincorporated Washington County upon annexation to Tigard. vy Miles r sr ECONorthwest 4 Preliminary Code Amendment Recommendations This section provides preliminary recommendations for drafting code amendments for the area within the proposed WSRC Plan District and WSMU Zone. Areas shown outside the Plan District and with other zones in Exhibit 1 and Exhibit 2 would have no special or additional standards beyond those in the applicable base zone. Allowed Land Uses and Housing Types Cascade ■ Many commercial and light industrial uses allowed where all activities are inside a building or screened by a building ■ Many civic and institutional uses allowed or conditionally allowed ■ Sales-oriented retail and personal service uses limited in size (e.g., a maximum between about 30,000 sf and 60,000 sf per site)unless occupying existing buildings ■ Vehicle sales allowed within Vehicle Sales subdistrict only ■ Residential uses only allowed in buildings with non-residential ground-floor uses. Greenburg ■ Many commercial uses allowed where all activities are inside a building • Stand-alone commercial uses (except for office)limited in size (e.g., a maximum between about 20,000 sf and 40,000 sf per site)unless occupying existing buildings or as part of a Planned Development that includes a mix of uses ■ Limited light industrial uses allowed or conditionally allowed where all activities are inside a building ■ All civic and institutional uses allowed or conditionally allowed ■ Residential uses allowed as a stand-alone use or in buildings with non-residential ground-floor uses • Rowhouses allowed as part of a Planned Development only ■ Vehicle sales allowed within Vehicle Sales subdistrict only ■ Vehicle Fuel Sales prohibited Oak and Locust ■ Residential (all housing types) allowed as a stand-alone use or in buildings with non- residential ground-floor uses • Limited commercial light industrial uses that are generally compatible with residential uses (e.g., eating and drinking establishments, personal services, and retail) allowed on the ground floor of a vertically mixed-use development only ECONorthwest 5 Hall ■ Many commercial uses allowed where all activities are inside a building ■ Limited light industrial uses allowed or conditionally allowed where all activities are inside a building ■ All civic and institutional uses allowed or conditionally allowed ■ Residential (apartments or rowhouses)only allowed in buildings with non-residential ground-floor uses ■ Vehicle sales prohibited ■ Vehicle Fuel Sales prohibited Density, Intensity, and Height Standards ■ Maximum height is the primary control on development intensity recommended for the Plan District. This allows flexibility for building form and use, while limiting where taller buildings can be built to areas where they are appropriate and desirable. ■ Maximum residential density is not recommended for the WSRC Plan District.Rather, it is recommended to allow other standards(height,parking,etc.) to control the maximum intensity of residential development. This also supports development with smaller housing units by not limiting the number of units allowed on a site. ■ Minimum heights and floor area ratios are no longer recommended, as these have posed obstacles to incremental improvement and reuse of existing buildings. Note: Tigard MADE project may include requirements for single-story developments in commercial and employment zones to include public benefits. If implemented, this idea could be applicable in the Cascade subdistrict and potentially in the Greenburg subdistrict as an alternative to requiring Planned Development for larger commercial developments. ■ Minimum densities for residential development are recommended to ensure that land is used efficiently for housing and that areas intended for higher densities are reserved for development at those densities. Exhibit 4 summarizes the preliminary recommended maximum heights and minimum densities for each subdistrict. Exhibit 4: Preliminary Recommended Height Limits and Minimum Density by Subdistrict Standard Cascade Greenburg Oak Locust Hall Maximum 7 stories 12 stories 7 stories 3 stories* 2 stories** Height Minimum None (because 30 units/acre 30 units/acre 10-15 None Residential only allowed in for stand-alone for stand-alone units/acre for (because Density mixed-use residential residential stand-alone only allowed buildings) I development; I development; residential FCONorthwest 6 Standard Cascade Greenburg Oak Locust Hall none for mixed- none for mixed- development; in mixed-use use buildings use buildings none for mixed- buildings) use buildings *Allow up to 4 stories if affordable housing(e.g.,at least 10%of units are affordable),ground floor commercial space,or publicly accessible outdoor common open space are provided. **Allow up to 4 stories if upper-story housing is provided. Building and Site Design Standards Preliminary recommendations and considerations for development standards for each subdistrict are summarized below. Cascade ■ Standards should generally align with or be closely related to those for the Mixed-Use Employment zone as modified by the Tigard MADE project. ■ For new construction,buildings located close to the street with pedestrian-friendly design are important in this area—standards for minimum and maximum front setbacks,parking location,building and site design should reflect this. ■ Standards should allow for incremental site and building improvements without complex processes on sites with nonconforming development or uses where bringing closer to conformance or not going further out of conformance. ■ However, incremental and proportional site improvements that offer public benefits (e.g., landscaping,stormwater management,pedestrian connections) should be required for major expansions or major remodels that involve a substantial investment in the building or site. Greenburg • Building and site design standards should be similar to those in the Tigard Triangle Plan District. ■ Standards should prioritize and emphasize pedestrian-and transit-oriented design, with buildings close to the street, substantial window coverage on the ground floor for most types of development,entrances oriented to the street/sidewalk, and parking located behind or to the side of buildings. ■ Planned Development or similar process recommended for development on large sites (e.g., over 3 acres) to address internal circulation,planned mix and intensity of uses, open space, etc. ■ Private open space not recommended for apartments. Standards should allow more urban options (e.g., roofdeck)to meet the common open space standard, and create incentives to make common open space publicly-accessible (e.g.,less area and fewer required items). ECO Northwest 7 ■ Landscaping standards should allow for more urban solutions that provide publicly- accessible open space that includes some vegetation(e.g., plaza with trees in tree wells) ■ All new development should conform with building and site design standards, with limited exceptions Oak ■ Building and site design standards should be similar to those in the Tigard Triangle Plan District for residential and mixed-use development. ■ Standards should prioritize and emphasize pedestrian-and transit-oriented design, with buildings close to the street,window requirements, entrances oriented to the street/ sidewalk, and parking located behind or to the side of buildings. ■ Private open space not recommended for apartments. Allow more urban options (e.g., roofdeck) to meet the common open space standard, and create incentives to make common open space publicly-accessible (e.g., less area and fewer required items). ■ Landscaping standards should allow for more urban solutions that provide publicly- accessible open space that includes some vegetation (e.g., plaza with trees in tree wells) Locust ■ Standards should generally align with those for comparable residential development in other parts of the City, except that private open space is not recommended for apartments. Hall ■ Standards should generally align with those for the neighborhood commercial(C-N) zone. ■ Incremental site and building improvements should be allowed for sites with nonconforming development or uses where bringing closer to conformance or not going further out of conformance. ECONorthwest 8 Parking Given the area's focus on transit-and pedestrian-oriented development and the presence of many bus routes as well as commuter rail, the WSRC Plan District is an appropriate area to reduce the emphasis on required off-street parking. However, the area is still in transition from being auto-oriented and does not have easy access to light rail. Tying more aggressive parking reductions to larger developments with extra measures to encourage use of alternative modes by the eventual users of the development (referred to as Transportation Demand Management) would allow the City to incentivize these supportive measures while still reducing parking requirements. The recommended approach to parking requirements is summarized below by development type. ■ Apartments: • Apply similar standards as downtown as a baseline: - 1 space per unit - Visitor parking not required • Apply a lower parking ratio (e.g., 0.5-0.75 spaces per unit) or eliminate minimum parking requirement for units under 500 sf, affordable housing units, and if Transportation Demand Management measures are applied (e.g., free transit passes provided to residents, discounts on car-share/ride-share, and parking charged separately from apartment rent). • Allow shared parking with non-residential uses to count,including on an adjacent site, if agreed to by both property owners. ■ Other Housing Types (Rowhouses, Quadplexes,Single Detached Houses, etc.) • Align with parking standards that come out of HB 2001 implementation,but generally 1 space or less per unit, as a baseline. • Apply a lower parking ratio (e.g., 0.5-0.75 spaces per unit) or eliminate minimum parking requirement for units under 500 sf and affordable housing units. ■ Non-Residential Uses: • Apply similar standards as downtown as a baseline: - No parking required for the first 20,000 sf of commercial - Other parking reduced to 75% of the usual standard • Exempt any ground-floor commercial space in a mixed-use building with apartments above from parking requirements regardless of total commercial space included in the development. • Exempt new uses in an existing building. ECONorthwest 9 • Allow on-street parking abutting the development(including any existing or new public or private streets within the development) to count towards parking requirements. • Allow shared parking with residential uses to count, including on an adjacent site, if agreed to by both property owners. • Apply a lower parking ratio (e.g.,50% of the usual standard) or eliminate parking minimum for most commercial, industrial, and civic/institutional uses (excluding auto-oriented uses such as vehicle sales and service and vehicle fuel sales) if Transportation Demand Management measures are applied (e.g., free transit passes provided to employees, discounts on car-share/ride-share for employees, and shuttle service to transit center if located>0.5 miles away) ECONonhwest 10 Comprehensive Plan and Development Code Amendments CPA2021 -00005 I DCA2021 -00003 City Council Hearing � December 14, 2021 f I(;ARD WSRC Project Overview Community needs & priorities Emerging market trends Transportation options , 1R Housing options *I 4C 13 Walkable, healthy, and Wr; x zainclusive 4 Businessx � ` } ,� ~` ; o ! GREENBURG RD `LO opportunities }'. . ' fi. . WSRC Project Schedute March 2020 )0, Fall 2021 I I evmenns t Existing Condifio I I Evaluate Opportunities,Need,,Challenge: evelop Future Land Use and Transportation N'rodvce Recommendation Report r/ 4111*4** Take Recommendations to City Council ` `�♦ ♦� Community _ Engagement WSRC Project Next Steps 2 1 2022 2023 + 02 Policy Development & Adoption Policy Implementation Project Construction & Program Development PUBLIC HEARINGS PUBLIC HEARINGS PUBLIC IMPROVEMENTS, Nov I Dec TBD such as streets and parks, built by the City as funds become PC reviews and CC considers PC reviews and CC considers available. adopting new policies to implementing new policies govern WSRC: by adopting updates to: NEW HOUSING AND COMMERCIAL BUILDINGS (and > Comp Plan Amendment ) Land Use Zones related public improvements) > Development Standards built by private developers as the market allows. PROGRAMS, such as business assistance or anti-displacement programs, developed by the City. Purpose of Hearing • Review proposed amendments • Hear public testimony Consider approving Ordinance to adopt amendments 0 a 0 fj spa spa Proposed Amendments I . Comprehensive Plan New section in Chapter 15 II . Development Code Minor updates to Chapter 18.670 Proposed Amendments Comprehensive Plan Amendment Project Comp Plan Amendment Tigard Strategic RecommendationsGoals VisionKey Findings Policies - Action Measures r]es WSRCVision Community Technical Engagement Analysis A Refined Vision t The Washington Square Regional Center of the future is a multicultural hub of activity that AIR is accessible by multiple modes of transportation .d from across the region. It is easy and comfortable 2"t: for people to travel by bus, commuter rail, foot, or J six bike to reach jobs, services, parks, schools, and local r ' wti' . amenities. Large parking lots are redeveloped with new buildings at a variety of heights that connect f to wide sidewalks and invitingpublic spaces. New p p 4a development creates a greener urban environment that bene fits eo le, habitat, and streams. Large p p g and small businesses have opportunities to locate here and grow in place. These changes make the area more attractive, but existing communities of =" color are not priced out as the area redevelops. All are welcome and have the opportunity to call this area home. 4o 1.--i Goal 1 S . I Develop a coordinated land use and transportation framework that supports development of the Tigard WSRC into a dense, walkable, and vibrant place and that also reflects market realities, community needs and aspirations, and City goals related to sustainable g rowt h p Foster a ranges housing options Mat meets IM neetlof"cpmmenity,respects N»scalp of es.shng—v".and m*nowbdges minket realn»s !r A i low densfly hpusAq �' t-3 norm .1 .Pfl—f 0enahy bolninq wIN pM n fey pro nd Moor commerckl ACTION MEASURE: 3, = ,rpa�.,l�w�..e"�ea �� r�a�naoa��m,.��.al�. „ High den.ity housing wnm opUOn '{ <••••• r+ �k for commercia 9—d Moor l Update zoning and development 3- 0nne5 regulations . Recognize Hall Blvd"main street" lea py ap[M:efg naw land be CaLi'dtbn Neighborhued Comm. Z aA nnabactle tatsYlafre+'Am ,$ opt—f-hwwing gn upper abrins a 1-2 stones ` �Mr 134—1.N v;axr.iaav rousn,g \ r, awrJeq M Equity and Inctusivity Goal 15 .2 Implement and advocate for an equitable and inclusive approach to public investment in the Tigard WSRC in which the benefits of development are broadly shared by all. Transportation ACTION MEASURE: Investigate ongoing funding solutions Business Housing 000 000 • • • • • • • • • • • • liqv -Vvlff • Open • . Transportation Goal 15 . 3 Prioritize improvements to the active transportation network in the Tigard WSRC to improve safety, access, and comfort for people of all ages and abilities and to advance the City's climate resiliency and equity goals. Priority Projects 001 F�+u•s b xM btyc ,� erW p.S nq f Q R.Rva,gM ml�nx s JIS .pwafr.•MY+4in.,4WNY«,hb end ornpn.«e p.uro. 1 M„ 8 ACTION MEASURES: �°�°""°°�°° """"` vpm w..rrn,.auer m.•+« .w a+enrv+wn i a`, lowro� � s © mne bxKx pn.�ecrannr F mC.eek ri«e � l Y �. ' • Overcome Hwy 217 barrier ° ."' p «�. • Improve G re e n b u rg Rd o r a n<Miem •h.uan p;+e+une mtnr�sc,m. +n1• . ..•won f '+ � 6 C n pwn�5• a« Recreation and Open Space Goal 15 .4 Provide recreational opportunities and access to nature for all, especially for households in the Tigard WSRC with little or no private open space. f � Improve access to parks and »s recreational opportunities Provide access to Metzger Park 1q aCt055 mall Blvd. ACTION MEASURE: .iyl Washington I _'`y.,'X 1 O Establish a clear and care Ped/txka Square Mail `~" © route on quiet streets that connects y +Wighborhood parks and Fanno Creek Improve access to existing and County ann'dOws-upPrtlan vritn WasNington o © County and Portland 9 _ Cue sr eoa,Stud,Q z,�, gip,'"°� _ future parks and trails O aaoimoetaces,tohituisParksfrom mm � , Orr•e r.A�Pa.crwn.«a,,..Kna.n�,i o D n1 y �ft h t� Recreation and Open Space GARDEN lN.HtNalE RFG IN CEN TiFit a dab . Goal 1swtratn Washington Square loop � ... .. A 9-mAe loop mat uhhzes Fanno Cteek FL016KE 'rah and conr&cts neighborhood NVTE I �1 µ Jfw r parks on emsting curet s^t eels. P4R.K 0 a+a�' w•++ .rr� Biu00er � e�'+1., .•M+.r...••1 . NNaKvr*oda frcM�uM ACTION rRFRK ' ARx METZGER PARK MEASURE: Gae �. PARK ,n � � Metzget Elm. Address gap ; sch Ir40 . .0a41.f ....... . SW T,:J IS t9 � P yF'JFURE PA PO' ... t ..wis...... f `y_ in active transportation network P.4Rti ; ---•— Met=ger-Fowler Loop UNiYER5,o1 A 4.5-mile loop than connects one plaza.loo schools-and Fowier Mrdr?e� ek! PLAZA three parks whle Uhrating nature,community and School Tk� ilia zr3 ht M,Filing the network gap m tats area would help `q studetts on both salts of me highway,some of whoht ate r� DOWNTr N meMers of the otg's mos.vulnerable house raids.Nalk oi TIG* bite sa?ery to school. Goal 15 . 5 Facilitate the development of a variety of housing types and densities in the Tigard WSRC to meet the needs of households of all incomes and sizes. t' Near-term annd+splacemenr pnorme area conger-tens anti-d+spfacement pnonry area , Support rental housing stability Adopt loca4 tenant protections to ( r supplement stprotections Create a housnq presev:on'un dACTION MEASURE: p WasfilnRton Priore existing aparmert renters m r: Square MAI = -r k. de t,itiz-men,nsk areas(see map) Remove regulatory barriers to _= Metzger� Support the development of more P.,& affordable housing Cornmue'o e.emp,ar'ordabte nog stng middle and high-density housing -"m- -- , � � ,rY. �e< ,romsome ,ees _ Pro+'ide height bonuses for af`onJable nousmg projects rlelp fund affordable rwustng piroJe is with development fees generated VG pnaate devM. pmern Irw is amporwMal to Me _._-_ pnvate m erment projected m the area S_ y r�c %Ir. Business and Economic Development Goal 15 .6 Support regional-serving businesses in the Tigard WSRC while working to grow traded-sector and local-serving businesses in order to advance economic mobility for all. Support mall redevelopment r Allow buildings a;a'vwieat d h3bghts, lncludmg siigle.siary bund Mgs fi Y ARtrw a bro»der range of businesses that are a good f'.t in a watkable urban environment a r Reduce parkins re4utrements �' ACTION MEASURE• Foster economic growth by removing regulatory barriers r ldlow more r,pes of businesses tp Remove regulatory barriers i n ► Allovr businesses to more easily expand C rheir operand ns and grew in place I orr� targeted areas Fachkate business diversity busirwsses,such as.list of small isi�, M' men-and rntnomy�wned program to grow the local labor and supply ch.l� �T�f n c TB' Collaboration • / Coordination Goal 15 . 7 Collaborate and coordinate with applicable agencies, service providers, and community partners to implement the Tigard WSRC land use and transportation framework. N7�g { Washington S are Regional Center_ - mm KEY PARTNERS: _. 'RD�N WACO Unincorporated'�I Washington County • ODOT BR iMMN.g• .. ,y.,E�� ►a Beaverton ` _ _�� CWS • • DLCD _14r ; Metro Tigard Proposed Amendments 1 . Comp Plan Amendment Comprehensive Plan Amendment Project Tigard Strategic Recommendations Vision F Measures WSRC Vision Community Technical Engagement Analysis Proposed Amendments II . Development Code Amendments (Minor updates to Chapter 18.670) Washington Square Regional Center Plan District Boundary Map Plan Distri • Vehicle Sales Subdistrict En ubdisstrlctct o Tigard City Boundary • Oak Street Cross Section w/ Path r __J sf' , 9 `J ., .�� .' ►LSE{N L '� _' � 'C(,,— ` is fit' Y r I Community Engagement/ Input > WSRC Project Engagement > Land Use Notices > Interested Parties Email (200+) • Community Members (email & PC testimony) • Housing Land Advocates • BikePortland • Washington Square Mall • Cascade Policy Institute Planning Commission Recommendation PC Recommendation Approve the proposed Comprehensive Plan Amendment (CPA2021 -00005) and Development Code Amendment (DCA2021 -00003) Decision Alternatives Decision Alternatives • Approve with no changes. • Approve with minor changes. • Continue hearing to a date certain to consider public comments or major changes. Next Steps 2021 2022 2023 + Policy Development & Adoption Policy Implementation Project Construction & Program i L L_7 Development PUBLIC HEARINGS PUBLIC HEARINGS PUBLIC IMPROVEMENTS, Nov I Dec TBD such as streets and parks, built by the City as funds become PC reviews and CC considers PC reviews and CC considers available. adopting new policies to implementing new policies govern WSRC: by adopting updates to: NEW HOUSING AND COMMERCIAL BUILDINGS (and > Comp Plan Amendment ) Land Use Zones related public improvements) > Development Standards built by private developers as the market allows. PROGRAMS, such as business assistance or anti-displacement programs, developed by the City. 11 0 WASHINGTON SQUARE REGIONAL CENTER AIS-4808 10. Business Meeting Meeting Date: 12/14/2021 Length (in minutes): 30 Minutes Agenda Title: TOWN CENTER DEVELOPMENT AGENCY-Update on the AVA Main Street at Fanno Creek Project Prepared For: Sean Farrelly, Community Development Submitted By: Jesse Raymundo, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Town Center Development Agency Public Hearing: No Publication Date: Information ISSUE The Board of the Town Center Development Agency (ICDA) will be provided with a project update from the AVA Main Street at Fanno Creek development team, and a request to consider amending the Disposition and Development Agreement at the January 4,2022 TCDA meeting. STAFF RECOMMENDATION /ACTION REQUEST The team recommends the Board receive the update in preparation for an amendment request scheduled for the January 4, 2022 Town Center Development Agency meeting. KEY FACTS AND INFORMATION SUMMARY The Town Center Development Agency (ICDA) acquired the Main Street at Fanno Creek property in 2015. The Agency's strategy was to clean-up the contaminated property (with $400,000 in EPA Brownfield Cleanup grants),prepare the site for redevelopment, and sell the property to a developer. The clean-up grant work was completed and the TCDA received a Prospective Purchaser Agreement Certificate of Completion in 2018. In 2017, the Agency released a Request for Letters of Interest to find developers who were interested in the property. There was one respondent who met the deadline: AVA Roasteria, the locally owned chain of cafes. The interview panel,which included Agency Directors, recommended working with AVA,noting their previous experience developing contaminated property in Beaverton. On August 16, 2018 the Town Center Development Agency and AVA Tigard Development LLC (AVA) executed a Development and Disposition Agreement (DDA) for AVA to purchase the TCDA-owned property and construct a 4-story mined-use building,with ground floor commercial, office suites and apartments, and a small public space overlooking Fanno Creek. AVA completed the land use approval process for the new designs in early 2020. The TCDA (with Board approval) and AVA agreed to four amendments to the DDA to extend the closing date deadline to allow additional time to complete milestones. After completing the required pre-closing obligations,AVA closed on the property on January 13, 2021. AVA has been working on financing the project and much of the funding has been assembled.AVA has not been immune to the challenges of recent years. The COVID pandemic froze much development financing for several months. AVA is close to obtaining a construction loan,however office space is currently difficult to finance. There is a glut of office space inventory caused by the growth of remote or hybrid work. As a result, AVA and its bankers have elected to eliminate the office floor and construct a 3-story building comprised of ground floor commercial with two stories of apartments. A 3-story mixed use building will be less expensive to construct,while still being a catalytic development for this key site. In addition,AVA is facing increased costs of construction materials (especially lumber and concrete) which is impacting projects all over the country. AVA is investigating revising the ground floor design,which is currently a raised concrete podium to address its location in the floodplain. AVA recently commissioned an engineering study that shows a less expensive slab on grade design would be feasible. This change would require additional Tigard, Clean Water Services, and potentially other agency review. Section 6.2.2 of the DDA sets a milestone for the developer to commence construction within 12 months after closing,which would be January 13, 2022.AVA requires additional time to obtain regulatory approval for the design adjustments that will reduce project costs and enable project financing. This requires amending the DDA. Amy Saberiyan of AVA Development will attend the December 14th TCDA Board meeting to discuss the project and her request. A resolution to amend the DDA is scheduled for Board consideration at its January 4 meeting. OTHER ALTERNATIVES No alternatives for consideration at this time. COUNCIL GOALS, POLICIES,APPROVED SYSTEM PLANS City Center Urban Renewal Plan Goal# 5: Promote high quality development of retail, office and residential uses that support and are supported by public streetscape, transportation,recreation, and open space investments. Tigard Comprehensive Plan Economic Development Goal 9.1. Develop and maintain a strong, diversified, and sustainable local economy. Goal 9.3. Make Tigard a prosperous and desirable place to live and do business. Housing Goal 10.1. Provide opportunities for a variety of housing types to meet the diverse housing needs of current and future City residents. Special Planning Areas- Downtown Goal 15.2. Facilitate the development of an urban village. Tigard Strategic Plan 2020-2025 Strategic Priority3: Ensure development and growth support the vision. Objective 3.1: Pursue land development that maximizes public health benefits while increasing connection between people and community destinations. Objective 3.2: Focus development-associated resources in parts of the city that have the capacity to serve, house, employ, and attract the most people with the least impact on Tigard's natural systems and the climate. DATES OF PREVIOUS COUNCIL CONSIDERATION • 11/10/2020: Consider the fourth amendment to the Development and Disposition Agreement •511212020. Consider the third amendment to the Development and Disposition Agreement •211112020:Consider the second amendment to the Development and Disposition Agreement •2/4/2020:Executive Session • 11/92/2099: Consider a second 90-Day extension under the Development and Disposition Agreement with AVA Tigard Development,LLC •9/3/2019:TCDA Review of Main Street at Fanno Creek Plans •3/8/2018:Consider Resolution to Approve the Development and Disposition Agreement Attachments No files)attached. SUPPLEMENTAL PACKET FOR 6eeeeY4r2- 1Y ,;t (DATE OF MEETING) AVA TIGARD DEVELOPMENT PROJECT UPDATE — DEC 14, 2021 FRONT- MAIN STREET VIEW r FT I i I i I I � I I I I I I 1I I I I awa roastsna retain stropk ITT] I I ` I I i it WEST SIDE - FANNO CREEK VIEW 6 I I I I I R I -.-._-._-.__ it i�w �� .. ■r .r ,� ._ � rF� '� I ,,,_ I I �� :. , , , - .. ,, r;� w� . v. ?Aad .. ��. yr I '. .. —_,.__ --_..._..._..._ ..syr;; ��.. AIS-4780 11. Business Meeting Meeting Date: 12/14/2021 Length (in minutes):20 Minutes Agenda Title: Receive Recommendations for Agenda Item Summary Improvements Prepared For: Nicole Hendrix, City Management Submitted By: Carol Krager, Central Services Item Type: Update, Discussion, Direct Staff Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Each year, City Council reviews hundreds of topics before the city and rely on the city team to provide information in an organized and concise format through the Agenda Item Summary (AIS) process.The AIS organizes, documents, and summarizes key information on a topic that is provided to Council and available for community to review. In alignment with the city's vision to be equitable and accessible, the Tigard team is proposing process improvements to the current AIS template and workflow. STAFF RECOMMENDATION / ACTION REQUEST Receive an overview of the proposed AIS improvements. Direct the Tigard team on how to proceed,whether it be to make adjustments or move forward with implementing the proposed improvements. KEY FACTS AND INFORMATION SUMMARY The Tigard team met with members of City Council to receive initial input on the proposed AIS template and workflow. City Council shared the importance of ensuring AIS's are published in a timely manner, that the AIS provides enough information in a concise format to help make an informed decision, and supported the proposed additions and revisions to the AIS template. The team also received input from the City Recorders whose suggestions were also incorporated into the proposed template. The proposed changes to the current AIS template are outlined below and detailed in Attachment A. *Add the following sections: List dates of previous and potential future council considerations,provide public involvement and engagement efforts, list impacts on the community, the budget, and any city policies and plans. *Adjust "Alternatives" section to include the team recommendation and the reasoning behind the recommendation. •Reorganize sections of the AIS to help the information come across more clearly. In addition to the template,Tigard team designed a workflow for the AIS routing process to ensure timeliness of Council receiving information. OTHER ALTERNATIVES Alternative 1: Direct team to move forward with implementation. Alternative 2: Direct team to make adjustments before implementation. COUNCIL GOALS, POLICIES,APPROVED SYSTEM PLANS AIS improvements will make Tigard's services, decisions, and reasoning more easily accessible to community members. These improvements align with Strategic Priority 1 to, "Set the standard for excellence in public service and customer experience". DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments AIS Template AIS Powerpoint Agenda Item Summary (AIS) Form Template The following components are included in an AIS: Form Section -1 Description of Secti Date Submitted This is the date the AIS was submitted for City Manager review. Authored By The name of the individual who writes the AIS. Presented By Include all presenter's names,their title, and affiliation. This should include any consultants or third parties. Explanation of Issue High level summary of what the topic is and its importance. Action Requested Specific action requested for the council. This will be selected from a dropdown list of options. Background Information List the date, action, decision, and vote count of any previous • Dates of Previous and council meetings related to this topic. Potential Future Provide any potential future council considerations, the Considerations frequency, and for how long. • Public Involvement& Provide actions, plans, and/or results related to community Engagement engagement or outreach. Include any impacts to the community, the budget, and policies • Impacts or plans through an equity lens (have the people most impacted o Community by the decision been consulted). o Budget o Policies and Plans/ Strategic Connection Alternatives& Present available alternatives for Council consideration.This will Recommendations include the team recommendation and reasoning. • Alternatives • Team Recommendation • Reason for Recommendation Next Steps(If Applicable) Discuss what actions would be taken (if any) after council discussion. Additional Resources Relevant resources include anything that may help the council • Reference previous agenda better understand the proposal. item number • PowerPoint Presentation Attachment City of Tigard Agenda Item Summary (AIS) Process Improvements December 14, 2021 City Council CITY OF N Tiand . Issue ➢The AIS organizes, documents, and summarizes key information on a topic provided to Council. ➢The processes' goal is to make services and information more accessible. ➢Aligns with Strategic Priority 1 to "Set the standard for excellence in public service and customer experience". 0CITY OF -.'q T Council Action Request ➢ Receive an overview of the proposed improvements to the template. ➢ Direct team to adjust AIS and/or move forward with implementing improvements. • CITY OF g Ti and Proposed Improvements ➢ List dates of previous and potential future council considerations. ➢ Provide public involvement and engagement efforts. . ➢ List impacts on the community, the budget, and any city policies and plans. ➢ Adjust "Alternatives" section to include the team recommendation and reasoning behind the recommendation. ➢ Reorganize AIS sections and structure. CITY OF g Ti and What We Heard ➢ City management team met with members of City Council and City Recorders to receive input on proposed AIS template and workflow. ➢ Key Takeaways: ➢ Ensuring timeliness of AIS being published ➢ Balance depth of information with being concise ➢ Support for the proposed template additions CITY OF Tigard Council Action Request ➢ Receive an overview of the proposed improvements to the template. ➢ Direct team to adjust AIS and/or move forward with implementing improvements. CITY OF Tiga nd AIS-4823 12. Business Meeting Meeting Date: 12/14/2021 Length (in minutes): 10 Minutes Agenda Title: Consider Authorizing the City Attorney to Execute Opioid Litigation Agreements Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Consider authorizing the City Attorney to execute settlement documents related to the National Opioid Litigation. STAFF RECOMMENDATION /ACTION REQUEST The team recommends authorizing the City Attorney to execute settlement documents and the statewide Allocation Agreement related to the National Opioid Litigation and take other steps necessary to effectuate the settlement. KEY FACTS AND INFORMATION SUMMARY This action authorizes the City Attorney to execute settlement documents and the Allocation Agreement related to the National Opioid Litigation. Signing the documents will allow the State of Oregon to receive up to a maximum of$330 million from two national settlements:McKesson, Cardinal Health and AmerisourceBergen ("Distributors"); and Janssen Pharmaceuticals, Inc., a manufacturer, and its parent company Johnson &Johnson (collectively"J&J"). The Subdivision Settlement Participation Form is Exhibit K to both the Distributors and J&J agreements, a copy of which is attached. In addition, an Allocation Agreement is being negotiated between the State of Oregon and all Oregon local governments to govern the distribution of Oregon's portion of the National Settlement funds. The Allocation Agreement is still being negotiated,but the updated terms sheet is attached. Copies of all settlement documents, as well as additional information regarding the National Opioid Litigation, can be found at: https://nationalol2ioidsetdement.com/ The deadline for signing the settlement documents is January 2, 2022. If the settlement documents are not signed before that date, the City of Tigard cannot participate in the National Settlement and the State of Oregon could receive reduced settlement funds. The formula is structured such that the larger the number of settlement participants, the more money is awarded. The total award is reduced for each city or county that does not participate. Use of the settlement funds is restricted to opioid abatement programs to provide intervention, treatment, education, and recovery services. Ten Oregon counties,including Washington County, and the City of Portland joined state and local governments throughout the United States to sue the Distributors and J&J. The various lawsuits were consolidated and ultimately a National Settlement framework was reached. The total amount to be paid to all states and local governments nationally is $26 billion. Under the National Settlement, the Distributors agreed to pay$21 billion over 18 years to all state and local governments and J&J agreed to pay$5 billion over no more than nine years. Oregon's share is $330 million. The City of Tigard is not a plaintiff in the national opioid litigation. However,the structure of the National Settlement framework allows for Tigard to participate and receive settlement funds. Once Oregon receives the National Settlement funds, the next issue is how to distribute the funds among the state, counties, and cities. To ensure local governments receive the funds directly, the litigating Oregon local governments have been negotiating with the Oregon Attorney General's Office on the terms of an Allocation Agreement for the disbursement of the National Settlement funds. The final terms and conditions are still being negotiated, but the general outline of the terms of the Allocation Agreement are as follows: 45%will be distributed to the State of Oregon o State will establish a Fund Distribution Board o State and local governments will have equal representation and voting on the Board 55%will be distributed directly to Local Governments o Must be used for opioid abatement consistent with the National Settlement terms and conditions o Amount disbursed to each local government will be based upon the allocation percentages in the National Settlement o Cities can choose to decline the money and elect that the money be directed to the county OTHER ALTERNATIVES Not entering into the settlement agreement and Allocation Agreement would likely result in less money awarded to the State of Oregon and no funding to Tigard. COUNCIL GOALS, POLICIES,APPROVED SYSTEM PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Term Sheet Subdivision Settlement Participation Form AgendaQuick©2005-2021 Destiny Software Inc.,All Rights Reserved State of Oregon—Final Term Sheet RE Opioid Settlements and Allocation Agreement The following term sheet contains some of the proposed terms to be encompassed in a final, definitive settlement agreement. The purpose of the term sheet is to determine if we have sufficient acknowledgement of summary terms so as to proceed to final documentation. The state and the city/county representatives and legal counsel expressly-acknowledge that there is no deal or agreement until final, definitive documentation has been fully executed. • "Local Governments" means all counties and cities in the state of Oregon. • "Litigating Local Governments" means the Counties of Clackamas, Clatsop, Columbia, Coos, Curry, Jackson, Josephine, Lane, Multnomah, Washington, Yamhill, and the Cityof Portland. Allocation of Opioid Settlement Funds • 45% of total settlement funds directly to the State ("State Fund") • 55% of total settlement funds directly to Local Governments ("Local Government Fund") • Funds will be allocated amongst the cities and counties based upon the MDL Metrics only, without adjustment. • Cities may elect direct payment to counties. State Back-Stop/Attorney Fees • To effectuate a State Back-Stop Agreement as outlined in the MDL Fees Order, an agreement in the form of Attachment 1 may be entered into by a Litigating Local Government, private counsel, and the Oregon Attorney General. The Oregon Attorney General shall, upon the request of a Litigating Local Government, execute any agreement executed by a Litigating Local Subdivision and its private counsel if it is in the form of Attachment 1. • For the avoidance of doubt, this agreement does not require a Litigating Local Government to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of Oregon or any of its agencies or officers, including without limitation the Attorney General. Use of Local Government Funds • Local Governments commit to use all funds, except Backstop Funds, for future opioid abatement per Exhibit E of the national settlement agreements ("ApprovedAbatement Uses"). {00516796;4} Limitations on the use of State Funds • The State Fund will be deposited in a Prevention, Treatment and Recovery Fund ("PTR Fund"), overseen by a PTR Board, which shall be used for: • Administration of the PTR Fund and Board; • Development of a unified and evidence-based state system for collecting, analyzing and publishing data about the availability and efficacy of substanceuse prevention, treatment and recovery services across the state; and • Funding statewide and regional Approved Abatement Uses. • The State and Local Governments shall have equal representation and voting poweron the PTR Board. • Note that the State will need to obtain legislative authority to create the PTR Fundand the Board. Medicaid Clawback • If a Medicaid clawback occurs, payment of the clawback to the federal governmentwill be deducted from Oregon's total combined settlement funds prior to distribution of the remaining settlement funds to the State Fund and Local Government Fund. Reporting • As is required under the national settlement agreements, any distributions to state and local governments that are not used for Approved Abatement Uses must be reported to the Settlement Fund Administrator, which information will be made publicly available. • The State and Local Governments shall maintain and provide detailed records of expenditures as follows [TBD in final agreement]. Release of Claims • All parties agree to release all claims and to participate in the Distributor and J&J settlement agreements. Applicability • This agreement applies to all funds received by Oregon for the McKesson, Cardinal Health and AmerisourceBergen("Distributors"), and manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson&Johnson(collectively,"J&J") settlements. In addition, the allocation percentage contain herein (45%to the State of Oregon, 55% to OR Subdivision Fund), shall apply to future multistate Opioid Settlements with Distributors, Manufacturers, and Pharmacies, subject to consideration of other terms of such settlements that impact allocation considerations. For the Purdue bankruptcy, the allocation shall only apply to Oregon's share under the plan confirmed by Judge {00516796;4} Drain on September 17, 2021, and shall not apply to any increased amount paid to Oregon that might result from Oregon and other states' appeal of the plan's confirmation. The allocation percentages shall not apply to cases brought by Oregon as an individual state. Enabling Legislation • The State and Local Governments commit to cooperate in drafting and promoting the passage of legislation necessary to effectuate this agreement. {00516796;4} Attachment 1 OREGON LITIGATING GOVERNMENT BACKSTOP AGREEMENT On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order(the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Distributors Settlement and their counsel. In light of the Order, and at the request of[SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the Oregon Attorney General, on behalf of the State of Oregon, are entering into this Oregon Litigating Government Backstop Agreement(Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State Back- Stop Agreement as that term is used in the Order and in Exhibit R(Agreement on Attorneys' Fees, Expenses and Costs) of the Distributor Settlement Agreement. Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Distributor Settlement Agreement and [Oregon Allocation Agreement], as well as any other limitations imposed by law, use funds that it receives from the Distributor Settlement Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of[PERCENTAGE NOT TO EXCEED 12%] of the total gross recovery of[SUBDIVISION] from the Distributors Settlement("Share for Fee Purposes"), but in no event shall the Litigating Local Government's share of the contingent fee exceed $2,500,000. [COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Distributor Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments. The parties agree that the contingency fee paid to [COUNSEL] pursuant to this State Backstop Agreement shall be paid in accordance with the national fund payment schedule (over 7 years). For the purpose of calculating allowed contingency fees only, each Litigating Local Government's share will be calculated by applying the MDL metrics to 50% of Oregon's gross recovery under the Distributor and J&J settlements ("Share for Fee Purposes"). The Attorney General is executing this agreement solely because the definition of"State Back- Stop Agreement" in Exhibit R of the Distributor Settlement Agreement requires such agreements to be between "a Settling State" and private counsel for a participating subdivision. Neither the Oregon Attorney General nor the State of Oregon have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party. [SUBDIVISION SIGNATURE BLOCK] [COUNSEL SIGNATURE BLOCK] ATTORNEY GENERAL SIGNATURE BLOCK] {00516796;4} DISTRIBUTORS' 10.22.21 EXHIBIT UPDATES EXHIBIT K Subdivision Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 ("Distributor Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms in this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Distributor Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Distributor Settlement. K-1 DISTRIBUTORS' 10.22.21 EXHIBIT UPDATES 7. The Govermnental Entity has the right to enforce the Distributor Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision,hereby becomes a Releasor for all purposes in the Distributor Settlement, including,but not limited to, all provisions of Part XI, and along with all departments, agencies, divisions,boards, commissions, districts,instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency,person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor,provides for a release to the fullest extent of its authority. As a Releasor,the Governmental Entity hereby absolutely,unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement. 10. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives,releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows,believes, or assumes to be true with respect to the Released Claims,but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Distributor Settlement. K-2 DISTRIBUTORS' 10.22.21 EXHIBIT UPDATES 11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is interpreted differently from the Distributor Settlement in any respect,the Distributor Settlement controls. I have all necessary power and authorization to execute this Participation Form on behalf of the Governmental Entity. Signature: Name: Title: Date: K-3