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TCDA Packet - 11/1/2022 Itm City of Tigard TIGARD Tigard Business Meeting —Agenda TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD&TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND NOVEMBER 1,2022-6:30 p.m. Business Meeting TIME: MEETING LOCATION: Hybrid- City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223-See PUBLIC NOTICE below PUBLIC NOTICE: In accordance with the City of Tigard's Safety Plan related to COVID-19 and Oregon House Bill 4212,this will be a hybrid meeting where some Council, staff or public will participate in person and some will participate remotely. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments before noon the day of the meeting. •If attending the meeting in person,please fill out the public comment sign-in sheet at the front of the room and come to the microphone when your name is called. •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. •You may comment through video through the Teams app. Go to this link to learn how to participate by video:November 1,2022 Council Meeting https://www.tigard-or.gov/Home/Components/Calendar/Event 2299/372 Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2419 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: https://www.tigard-or.gov/boxcast CABLE VIEWERS:The City Council meeting will 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. Friday 10:00 p.m. Saturday 7:30 p.m. Sunday 11:30 a.m. Monday 6:00 a.m. City of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL,LOCAL CONTRACT REVIEW BOARD &TOWN CENTER DEVELOPMENT AGENCY MEETING DATE AND TIME: NOVEMBER 1,2022- 6:30 p.m.Business Meeting MEETING LOCATION: Hybrid- City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 6:30 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. PROCLAMATIONS AND RECOGNITION A. PROCLAIM NOVEMBER 26 SMALL BUSINESS SATURDAY B. PROCLAIM TRANSGENDER AWARENESS WEEK AND DAY OF REMEMBRANCE, NOVEMBER 13-20 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Public Comment—Written C. Public Comment—In Person D. Public Comment—Phone-In E. Public Comment—Video F. Police Chief Report G. Tigard Area Chamber of Commerce Report 4. CONSENT AGENDA: (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. 6:50 p.m. estimated time A. RESERVOIR 18 AND PUMP STATION PROGRESSIVE DESIGN BUILD AMENDMENT B. RIGHT-OF-WAY AND UTILITY MANAGEMENT CONTRACT AMENDMENT C. UNIVERSAL PLAZA ACTIVATION,DESIGN,CONSTRUCTION AND PROJECT MANAGEMENT AMENDMENT#5 D. FOREVERLAWN PLAYGROUND GRASS AND INSTALLATION •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. LEGISLATIVE PUBLIC HEARING:URBAN AGRICULTURE CODE ADOPTION 6:55 p.m. estimated time 6. TOWN CENTER DEVELOPMENT AGENCY: CONSIDERATION OF A DEVELOPMENT ASSISTANCE AGREEMENT WITH DIG REAL ESTATE 7:55 p.m. estimated time 7. LAKE OSWEGO TIGARD WA 1'ER PARTNERSHIP IGA UPDATE 8:05 p.m. estimated time 8. CHARTER REVIEW COMMITTEE APPLICATION DISCUSSION 8:50 p.m. estimated time 9. NON-AGENDA ITEMS 10. ADMINISTRATIVE REPORT 9:20 p.m. estimated time 11. 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. 12. ADJOURNMENT 9:25 p.m. estimated time AIS-5051 2.A. Business Meeting Meeting Date: 11/01/2022 Length(in minutes): 5 Minutes Agenda Title: Proclaim November 26 Small Business Saturday Authored By: Joanne Bengtson Presented By: Economic Development Manager Lloyd Purdy Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Small Business Saturday is an annual event that was created to encourage consumers to shop locally in person and online at small businesses This event takes place every November and represents a significant opportunity to support small businesses during the holiday shopping season. ACTION REQUESTED City Council is being asked to proclaim November 26,2022 as Small Business Saturday in support of local business. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations The City Council has supported this proclamation request since 2016. Public Involvement The request for a Small Business Saturday proclamation came from the Women Impacting Public Policy group. The Shop Small movement supports small,independent businesses and calls attention to the valuable contributions they make to the community and the economy.Shop Small celebrates small businesses ranging from retail stores and restaurants to fitness studios and salons,and everything in between. Small Business Saturday has seen over$120 billion invested in small businesses by consumers in the decade since it started. ALTERNATIVES& RECOMMENDATION City Council could choose not to issue the proclamation. City teammates recommend issuing the proclamation in support of the city's 3,500+ businesses. This may encourage more residents to participate in Small Business Saturday and bring more holiday shopping to small businesses. Year-round, shopping small helps entrepreneurs grow their business,create jobs,and ensure the Tigard community remains as vibrant tomorrow as it is today. ADDITIONAL RESOURCES Attachments Small Business Saturday Proclamation vrii*--.-,, ,,,,,n tor• :* ,.--'`...eir.--', '-. '4.'1...,tt,1 :,..--- 1, '.:'„1--„--. ,,,.* , - ""LI,rit,-,'. .."..,,Z,z113.:1 ,,, 1---"Iri I « i . ,. .,_ ,.,. , ,. ..,. ,,... - ` '" „ ,tom' "�- 4 IA i.c. :z,. .....:, }i„..,; ,i -.� 3 a ti 4,14,a1-01: j t Lc:j s ' :,/ ld SMALL BUSINESS SATURDAY Ake . Whereas,Small Business Saturday falls between Black Friday and Cyber Monday,and is f ! rt dedicated to supporting the diverse range of local businesses that help create jobs,boost the ; � , I., •ri, economy,and keep communities thriving across the country;and 3 'I,dt ,W ' z. C Whereas,Tigard celebrates its local small businesses and the contributions they make to our e} t ,i, ' economy and community by supplying jobs and generating tax revenue;and S iitt ,, .a` Whereas,small businesses offer shoppers unique products and experiences that aren't 1164,S.:”. typically found elsewhere,and successful small businesses enhance the livability of Tigard; :` and Whereas,local shops often source their goods locally,helping to reduce their carbon footprint. ., When shopping local,people are also more likely to walk or cycle to get there—doing their bit ti a„s to reduce air pollution,reduce traffic and improve the quality of the nation's high streets;and NO Whereas,on average,for every dollar spent at local small businesses,roughly 67 cents stays I t in the local community making small businesses critical to the overall economic health of the ! city;and :, Whereas,in 2020 U.S.consumers who said they participated on the day,41%reported that ai they shopped small online on Small Business Saturday;and y” Whereas,95%of consumers who shopped on Small Business Saturday last year reported the ,-. -' i day makes them want to shop or eat at small,independently owned businesses all year long, • not just during the holiday season;and „'; o'. Whereas,shopping on the Saturday after Thanksgiving supports neighborhood businesses . and expands their ability to create jobs,boost the local economy and preserve and enhance i ' neighborhood character and livability. } NOW THEREFORE BE IT RESOLVED the City of Tigard City Council does hereby !' *I proclaim,Saturday,November 26,2022 as, "` • • SMALL BUSINESS SATURDAY F, in Tigard,Oregon and encourage people throughout the city to shop locally in support of S - neighborhood merchants and the role they play in the growth of our community. Dated this 1st day of November,2022 is'"'--:;: i : a Y;C E ' IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. :�, 1 _` ,.ii. wh. Jason B.Snider,Mayor City of Tigard Attest: a �g Carol A.Krager,City Recorder ` t-, 0 ,m. AIS-5096 2. B. Business Meeting Meeting Date: 11/01/2022 Length (in minutes): 5 Minutes Agenda Title: Proclaim Transgender Awareness Week&Day of Remembrance,November 13-20 Authored By: Joanne Bengtson Presented By: Holly Campbell Polivka Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Transgender Awareness Week is an opportunity for transgender people and their allies to bring attention to the community by educating the public about who transgender people are, sharing stories and experiences,and advancing advocacy around the issues of prejudice,discrimination,and violence that affect the transgender community. ACTION REQUESTED City teammates with the Diversity,Equity and Inclusion affinity groups are asking City Council to issue a proclamation for Transgender Awareness Week And Transgender Day Of Remembrance from November 13-20,2022. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations This will be the first time City Council has considered issuing a proclamation for Transgender Awareness week. Public Involvement Teammate affinity groups belonging to the city's internal DEI team worked together to produce a meaningful proclamation. Impacts (Community,Budget, Policies and Plans/Strategic Connection) This proclamation supports our community promise to Equity: We will ensure just and fair inclusion where all can participate,prosper and reach their full potential. ALTERNATIVES& RECOMMENDATION Council can issue or decline to issue the proclamation. ADDITIONAL RESOURCES N/A Attachments Transgender Awareness Week v i T v .1 it .iy �t r r: `r , ( .3 „..„,,,,, - ,,,,1, f--// ( r . i ( ( if ( i i r i (2, i i,,, -2.i _ 7.. ,..... , ....) / / .,/ , // , „ / . ,„ Ca of Tigard r "' ` �= ',*;,;.„ )i TRANSGENDER AWARENESS WEEK AND . i kiidlii TRANSGENDER DAY OF REMEMBRANCE 111.03, November 13 -20, 2022i!'14L5f'..-'-7°::1'1: ,}-, , Whereas,Transgender Awareness Week is observed annually to raise visibility for transgender and gender nonconforming(GNC)people and the issues they face;and `. Whereas,Transgender Awareness Week leads up to Transgender Day of Remembrance is y i (TDOR)on November 20,a day originally founded in 1998 in remembrance and honor of Rita -:. Hester and other transgender people murdered that year;and I. '' Whereas,Transgender Day of Remembrance is a day for publicly mourning and honoring the *."'4 transgender and GNC lives destroyed through acts of hate and violence against them;and '". i Whereas,the lives of transgender Black, Indigenous,and People of Color, particularly Black and Latinx transgender women are most in danger;and Whereas,our city will stand up to discriminatory actions,harmful speech and acts of violence; i ' and ,:- 4 Whereas,Tigard's transgender and GNC community is a diverse and essential part of our • - city whose members contribute to the widespread academic,economic,artistic,political,and social spheres within and around the Tigard community;andr Whereas,Transgender Awareness Week in Tigard is meant to raise awareness of the i" prejudice,discrimination,economic inequality,violence and hate still facing members of the transgender and GNC community and honor their power and perseverance in fighting ia discrimination and hate in all its forms;and Whereas,everyone is entitled to equal rights freely granted to all Americans regardless of race,religion,gender identity or sexual orientation and the rights afforded to every Tigard resident include the freedom to be one's authentic self,to pursue happiness,to live in safety, It and to enjoy not only equal but equitable access to employment and resources;and "F ` Whereas,by becoming a city that embodies these beliefs,we attract a workforce that is VI..„' representative of our community and Tigard becomes more vibrant,diverse,and livable;and t I• Whereas,the valuable contributions made by Tigard's transgender and GNC community st„1 a promote innovation and positive change with lasting effects citywide. I tz .! °il NOW THEREFORE BE IT RESOLVED the City of Tigard City Council does hereby proclaim I the week of November 13-20,2022 as, I f rl • TRANSGENDER AWARENESS WEEK AND °t :,E TRANSGENDER DAY OF REMEMBRANCE a1` ' O in Tigard,Oregon and urge residents to respect and honor our diverse community and ,,.: celebrate and build a culture of inclusiveness and acceptance for all. Dated this 1st day of November,2022 ,•.Y1:19. tit :. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. Jason B.Snider,Mayor # City of Tigard � ”- Attest: A' Carol A.Krager,City Recorder11.0,'A' •` s sass � izmar.;s Saga,II iWM* Mafia s ss Woo .,;:J.,.. $ ,- 1 ..! -1ys ¢� �, 1t- x c Ii f� x ` x1 !q �- K :24—i'-: 'e. x SUPPLEMENTAL PACKET FOR Ardv - /, a ?c 1111 (DATE OF MEETING) 9ene6 l fem - 3 TIGARD Public Comments received by noon for the November 1, 2022 Meeting of the Tigard City Council 1. Joel Vermillion 10/31/2022 Urban Agriculture. Keep code as is or adopt Tier 2. 2. Lisa Dylong 10/31/2022 Urban Agriculture. In support of Sprague family 3. Paul Colligan 10/31/2022 Urban Agriculture. Keep code as is, Tier 3 too much but if compromise is needed, supports Tier 2 4. Marilyn& Lynn 10/31/2022 Urban Agriculture. Concerns with health, nuisance Depaul and other offsite impacts. Tier 2 and existing code not right.Why not more consideration of Tier 3? 5. Thomas Poff- 11/1/2022 Urban Agriculture. Supports small home farms Turner 6. Mary Potthoff 11/1/2022 Urban Agriculture.Attached model zoning ordinance 7. Roger Potthoff 11/1/2022 Urban Agriculture. Concerns regarding health aspects.Attachments were articles against urban chickens and for more regulations. Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Monday, October 31, 2022 10:10 AM To: Carol Krager;Jesse Raymundo; Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Public Meeting Comment Form Submission#: 2057002 IP Address: 71.63.158.132 Submission Date: 10/31/2022 10:09 Survey Time: 14 minutes,40 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Joel Vermillion Email Complete Address 10525 SW Tigard st Tigard, OR 97223 Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Urban Agriculture Code Comments Good evening.Our family has had a very visible backyard chicken flock for the past 10 years without complaint or issue.Rather,we have received hundreds of positive comments from people passing by our home on the Fanno Creek trail. While we believe the current'nuisance code'has been more than sufficient to deal with the very few complaints received by the city and would prefer no change,we are also ok with the proposed Tier 2 amendment recommended by the city planning commission as a reasonable change to the current code.We are strongly opposed to the Tier 3 code which we find arbitrary and which adds unnecessary bureaucracy for homeowners who enjoy urban agriculture.We are asking the city council to please keep the code how it is, or adopt the Tier 2 code recommended by the planning commission.We believe this is more than adequate to handle the very few complaints received by the city on this topic.Thank you. Attachment Supporting Documents/Images Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 Carol Krager From: Hope Pollard Sent: Monday, October 31, 2022 1:54 PM To: Carol Krager;Jesse Raymundo Cc: Tom McGuire Subject: FW: Council Hearing re Sprague"family farm" Attachments: Tigard City Council L Dylong.docx Another letter/comment for the urban ag item for tomorrow. I'll respond right now. Thank you! Hope Pollard Associate Planner City of Tigard I COMMUNITY DEVELOPMENT From: Lisa Dylong Sent: Monday, October 31,2022 1:05 PM To: Hope Pollard<hopep@tigard-or.gov> Subject: Council Hearing re Sprague "family farm" You don't often get email from Learn why this is important Hi Hope, Attached is a letter for your upcoming meeting in support of the Spragues . I lived across from them for almost 5 years until moving out of state last month but definitely want to support their cause in anyway I can. Regards, Lisa Dylong I �r DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 Ms. Lisa Dylong 2706 Porto Bianco League City, TX 77573 October 31, 2022 Tigard City Council 13125 SW Hall Blvd. Tigard, OR 97223 Dear Tigard City Council & Board Members: I am writing as a former neighbor to the Sprague family from early 2018 through late September 2022. During the entirety of these years I lived directly across from the Sprague residence on 116th Ave (12350 SW 116th Ave, Tigard 97223). I thoroughly enjoyed the Sprague family, the Sprague children and their animals. I additionally enjoyed the sense of community this family fostered by offering eggs, flowers and vegetables to their neighbors and passersby's. I applaud them. My reason for moving had ZERO to do with any of my neighbors. Rather I could list for you a myriad of reasons why people like myself are vacating liberal ran cities and seeking new homes in states with law and order governments. The Sprague family is an asset to the Tigard community. Please feel free to contact me if you need further clarification on that point. Respectfully, Lisa Dylong Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Monday, October 31, 2022 4:21 PM To: Carol Krager; Jesse Raymundo; Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Public Meeting Comment Form Submission#: 2058401 IP Address: 50.53.116.164 Submission Date: 10/31/2022 4:20 Survey Time: 2 minutes, 24 seconds You have a new online form submission. Note: all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Paul Colligan Email Complete Address 8820 SW Waverly Drive Tigard,Or 97224 Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Urban Agriculture Comments This seems very excessive and not the most efficient use of our focus and time.The current nuisance good show cover existing problems right now. I like to ask you to keep things as they are.Tier 3 is way too much. If we need a compromise,tier 2.Thank you for your consideration.The Colligan Family 24 Years Tigard Residents Attachment Supporting Documents/Images Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Monday, October 31, 2022 9:52 PM To: Carol Krager;Jesse Raymundo; Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Public Meeting Comment Form Submission#: 2058736 IP Address: 192.183.218.139 Submission Date: 10/31/2022 9:52 Survey Time: 9 minutes, 15 seconds You have a new online form submission. Note: all answers displaying"*****" are marked as sensitive and must be viewed after your login. Name Marilyn&Lynn DePaul Email Complete Address 11625 SW Walnut TIGARD,OR 97223 Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Tigard Development Code-Urban Livestock Comments See letter attached as pdf file. Attachment Supporting Documents/Images 11-1-22 DePaul Testimony.pdf Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 November 1, 2022 Page 1 Marilyn and Lynn Depaul 11625 SW Walnut Tigard, OR 97223 Tigard City Council Sent via email. Subject:Tigard Development Code—Urban Livestock Regulation Dear Tigard City Councilors: My name is Marilyn DePaul, I along with my sister Lynn DePaul, reside at 11625 SW Walnut St,in Tigard. This has been our home since 2010.We are both disabled,with complications leaving us immune- compromised. My sister Lynn,age 68, has a life challenging cardio-vascular condition,that requires almost constant rebalancing of expensive medications as her symptoms/condition changes.Thus,we have had particular cause to be"oh-so-careful"through the time warp of the Covid pandemic.And during the entire time of the Covid,we have also had to deal with the challenges of the intentional, relentless expansion of our immediate north line neighbor's chicken, duck,quail and goat operation; specifically,40 chickens, ducks,quail and 6 goats, plus 3 or 4 large dogs.This operation is known to some as The Sprague Farm, located at 11650 SW Ann St. We are very aware that one of our neighbors, Roger Potthoff, has made attempts to have the City of Tigard enforce various provisions of the Nuisance Code regarding the Sprague Farm. We appreciate his efforts dating back over a 7-year period. Over this 7-year period the situation has become worse,always it seems one step forward, and soon to follow two steps back.And while we are currently in a step forward mode,we know from having been told directly by our livestock keeper neighbor, Elizabeth Sprague,that once the City Council approves the Nuisance Code amendment on Nov. 1 which she expects will codify the city's refusal to put numeric limits on animals,and allow for no objective specifications applicable to livestock/chicken structures and run space areas. Ms. Sprague has indicated she will take immediate advantage. Down will come her temporary fence partitions,and up go the number of animals.She couldn't be happier. But let's look closer into the midst of what urban livestock regulation is supposed to be about. Let me begin by setting the stage in your mind as to what this urban livestock thing is for those of us living immediately adjacent to it.The undeniable odors,the squawking,the bellowing,the open storage of junk, and the rats(!)—so many rats! All of this has been put in evidence as "offsite impact" radiating out from this hellacious, unnecessary and unwarranted use of a suburban residential property.Our neighbor,and our trusted friend, Roger Potthoff has over 7 years provided the City Council and city staff with considerable photo evidence of all that is amiss at the Sprague property.Yet what his photos don't show is the hidden but very real threat to the public health that is associated with the pathogens that spew forth from such an out-of-control, unregulated urban livestock operation. Public health risks that are especially impactful to the elderly and others, like my sister and myself-immune-compromised persons, like Roger and Marky Potthoff ages 74 and 71,all of us and we are representative of large groups of Tigard residents who, along with very young children are at higher risks of susceptibility to animal borne pathogens. So, keep this in mind as you consider my testimony and the Nuisance Code amendment which city staff has labeled the Tier 2 approach. I will try to convince you this Tier 2 approach is going to give Tigard a dangerously under regulated proliferation of ill-kept urban livestock/chicken operations. November 1, 2022 Page 2 Marilyn & Lynn DePaul Tigard Development Code The Tigard Planning Commission,on Oct. 17, held a Public Hearing on this same Nuisance Code Amendment regarding urban livestock. It was a requisite prelude to the City Council Nov. 1 Public Hearing,this letter is my and my sister's written testimony we hope you will consider at that Nov. 1 hearing. Planning Commissioner Schuck stated at the Oct. 17 hearing that he is familiar with the livestock operation on Ann St. He said he lives"not far from there, and has walked by the backyard livestock property several times and has observed what is going on there.... There are a lot of animals there!I feel sorry for those neighbors living with that. I wouldn't want to be them. I wouldn't want to live next that." He went on to state that he is inclined to support more regulation than is proposed in the Tier 2 "moderate approach,"which was presented that evening for a vote by the Planning Commission. Notwithstanding Commissioner Schuck's reservations about the Tier 2 regulation outline, he voted to recommend Tier 2 for approval by the City Council. In so voting, he deferred to the assurance of Tigard city staffers Hope Pollard and Tom Mcquire,that the current nuisance code adequately protects and covers the situation with regard to the 'offsite impact' of urban livestock. Commissioner Schuck did explain that his preference for more a more prescribed set of regulations may be something that has to be looked at"down the road," if it appears that the existing code is not adequate to mitigating the offsite impacts of the livestock. His concerns about the status quo at 11650 SW Ann St.seemed to be based on aesthetics,the junk,the sheer number of animals kept behind full view cyclone fencing adjacent to a city street,the general dissonance with the character of the neighborhood. His comments on the aesthetics,as I heard them,failed to grasp the very critical issue of the well-known,very real, public health risks that are linked to livestock, and are in evidence at the Ann St. operation. While Commissioner Schuck did not specifically project his concern beyond Ann St., his concerns are no less relevant to who knows how many other backyard livestock/chicken setups around the city. While Commissioner Schuck seemed most concerned about aesthetics, it is clear that Tier 2 is an example of under regulation and by not setting numeric limits on livestock, chickens and other fowl, it allows more risk to emerge from such operations. Specifically risks to the health of the public. Councilors, it doesn't have to be this way. The perilous offsite impact to the health,safety and the general welfare posed by the Sprague goat and chicken operation puts my sister Lynn and myself in jeopardy,along with the broader public.And while it is obvious to any and all reasonable persons,the risk is being ignored by the City of Tigard. Indeed, even Commissioner Schuck whose intuition seemed to tell him there is something very wrong with what is happening at the Ann St. property operated by Elizabeth Sprague. Also at the Oct. 17 hearing, Planning Commission President Hu,Commission Vice President Jackson made clear they too have reservations about the Tier 2 approach. Specifically whether it is sufficiently robust. I recall that they commented that Tier 2 provides no numeric limits on animals, nor any other objective criteria,such as minimum shelter and run space areas calculated on the basis of how many chickens and animals are being kept at the property.They seem to question just what is being regulated? It nothing is being regulated.Although I don't think they mentioned this fact, it is true that all of these prescribed objective criteria necessary to provide an adequately robust set of regulations are set forth in the Tier 3 approach. Why is Tier 3 not being given more serious consideration? It seems to me that having more clarity, more objective criteria, aids in promoting more voluntary compliance and more of a solid ground for enforcement action when needed.The lack of objective criteria in Tier 2, leads to a completely subjective interpretation by persons—Tigard staff—who are not trained, nor otherwise qualified to assess the risks of infections and animal borne diseases that are very real and November 1, 2022 Page 3 Marilyn&Lynn DePaul Tigard Development Code which are transmissible from animals to humans under natural conditions. Such infectious diseases are known as "zoonotic" diseases in the public health realm. Without public health expertise on staff, specifically zoonotic expertise, how will the zoonotic risk be identified?What will be mandated and enforced to mitigate and remedy the onsite and offsite risks?If there are actual active infections at any one of the many unrecorded and unlicensed backyard chicken/livestock locations,who does what,when and where?Tier 2 provides nothing in regard to any of these important public health concerns. Staffers Pollard and Mcguire gave only vague assurances that city staff, pursuant to the Tigard Municipal Code, Chapter 6 General Nuisances, has all it needs to keep Tigard healthy,safe and the general welfare protected.What I've seen over the past 7 years of Mr. Potthoff's experience with the City of Tigard,the Planning, Livablity and Code Enforcement people are themselves a source of concern and the assurances of Pollard and Mcguire are not comforting to myself or my sister. Shouldn't we,and certainly you Councilors,wonder why all of the other neighboring suburban communities have put in place regulations that set maximum limits on the number of animals,and those numbers are often linked to lot sizes. It's proven to work,and it's the right thing to do. Please Councilors, don't believe staffers Pollard and Mcguire when they tell you that the existing Tigard Nuisance code,and Tigard's one and only Code Enforcement Officer,with no special training in public health,and specifically no training in zoonotic disease threats, is adequate to protect the health,safety, livability and general welfare of the Tigard residents. In fact it only protects livestock keepers from being held accountable,whether they are simply unaware or intentionally dismissive of livestock regulations and/or livestock management best practices. Enforcement under the existing Nuisance Code assumes the livestock keeper,who like Elizabeth Sprague will be encouraged to expand their numbers,can be off the radar in Tigaard, under a regulatory system that has no provision for livestock operations to be licensed or registered. Who are they,where are they, how may animals,what onsite conditions? Councilors, staffers Pollard and Mcguire may believe what they are telling you about the adequacy of the existing Nuisance Code regarding offsite impact, but they are not experts,certainly not public health experts. Have these staffers submitted any written testimony to the City Council from credible, named, experts in government,in academia,or the law who are in fact experts in public health and zoonotic diseases?No,they have not. Mr. Potthoff has: Dr.Wm. Oleckno, PhD (Northern Illinois University, Public Health and Epidemiology) and Dr.Terry Mesmer, PhD (Utah State Univ., Director Commuity Gardens and Wildlife Services)and several others were included in his testimony to the Planning Commission. What city staff has done is confer at length with Elizabeth Sprague, and given her confused her litany of good intentions with facts ad expert opinion, never mind the reality of the unintended consequences. Have you seen Mr. Potthoff's 2022 photo collection of"offsite impacts?"We have, but then my sister and myself live in immediate proximity to the largest of Tigard's trial-and-error livestock operations,the Sprague Rat Farm where the operator arrogantly turns a blind eye to their zoonotic, rat-infested property. This is not right! And Tier 2 isn't either. So even after the devastating effects of Covid, let loose by an animal virus transferred to humans,aka a zoonotic disease—from Wuhan,China we are asked to ignore the realities and assume American/Tigard exceptionalism will allow us to live unaffected by public health risks left in the hands of amateurs and hobbyists. Remember now the Covid virus originated in an animal, a wild animal,that virus naturally was able upload to humans and then it overwhelmed the public health systems globally,devastating economies locally, nationally and all around the world. I am not suggesting that Tigard is likely to November 1, 2022 Page 4 Marilyn & Lynn DePaul Tigard Development Code become ground zero for the next pandemic, but bird flu is again occurring in Oregon, salmonella occurs naturally in chickens, so there are so many other infectious diseases listed in Dr.Wm. Oleckno testimony from 2019 to the Dekalb, Ill. City council. Mr. Potthoff included all 13 pages in his testimony package to the Planning Commission. Did staff forward that to you Councilors? There are diseases, viral threats always present with livestock and chickens. True story... Elizabeth Sprague told my sister Lynn, before Covid, that her entire flock had been wiped out by a "mystery disease." Did she ever inform the City of that? Did she ever have a veterinarian investigate? Did she ever report the event to the Oregon or U.S. Department of Agriculture? I doubt it. Did staffers Pollard and Mcguire or Code Officer Ken Ross ever ask her a single question about her experience with infections and disease in her flock? If so, where is the record,the note to file of the question asked and answered? Indeed, why is Tigard comfortable leaving the matter of public health and zoonotic disease risk to self- serving amateur animal keepers, and low level, inexperienced planning and livability staffers, along with untrained nuisance cops who however unqualified have responsibility for protecting public health? Councilors this is crazy,the process in support of Tier 2 it is rife with errors and omissions. Moreover, the city's non-experts in urban livestock and public health showed themselves to be so weak as to offer a set of"post-it note surveys," (that's new)as credible evidence supporting a minimalist regulatory policy.A minimalist policy quite different from any other nearby jurisdiction. Is that a credible, professional approach to helping Tigard residents understand the dynamics of the matter, and the universe of approaches, pros and cons?Where was the public health, zoonotic disease station at the public info meeting? The disappointment I just expressed in regard to the sophomoric, unprofessional approach of gathering public feedback on this important matter and omitting credible information with the public is increased further after having read the Staff Report to the Planning Commission for their Oct. 17 hearing. (Mr. Potthoff shared a copy.) Sticking with the criticism of staffers Pollard and Mcguire for failing to inform the legislative process and record with credible input from experts in public health, I am beyond disappointed. The aforementioned Oct. 17 Staff Report to the Planning Commission, Section V. (City Staff and Agency Comments) on pages 10 and 11, included a list of 28 governmental and non- governmental agencies, departments, and jurisdictions,that Pollard and Mcguire claim where given the opportunity to review the proposed Development Code Amendment.This list is what staffers Pollard and Mcguire hold forth as their"expert sources" in researching background and seeking feedback on the Tigard code amendment. They do not tell us how many of the 28 entities actually responded with substantive feedback, and they do not include in their report copies of any written comments that were received. Where there any comments received,written,verbal with summaries included in the file?We don't know, I doubt the Planning Commission knows. Did the City Council receive copies of any written responses from any of the 28 subjects?Citing various municipalities on the list of 28 entities, did the staff provide the Planning Commission with copies or concise summaries of the various ordinances and regulations that are currently in effect in other neighboring metro Portland area communities? I and my sister are very curious,given the link between public health and other health, safety and livability concerns to urban livestock, how it is that staff came to include on the list of 28 sources of expertise relevant to urban livestock the following: Oregon Dept of Geology and Mineral Industries; NW Natural; Portland &Western Railroad;Tri-Met Transit Development, etc. I am left wondering who bought lunch? November 1, 2022 Page 5 Marilyn&Lynn DePaul Tigard Development Code Perhaps even more dubious,and discrediting of the process and the staffers,is the fact that the Washington County Health and Human Services Dept.was NOT invited to comment! It should have been at the top of the expert review list! Please note that the webpage for the Public Health component of Washington County Health and Human Services Dept. states with emphasis that they provide 10 Essential Public Health Services to create a framework for public health that serves to protect and promote the health of all people in all communities in Washington County. Here they are: 1. Assess and monitor population health status,factors that influence health,and community needs and assets. 2. Investigate,diagnose,and address health problems and hazards affecting the population. 3. Communicate effectively to inform and educate people about health,factors that influence it, and how to improve it. 4. Strengthen,support,and mobilize communities and partnerships to improve health. 5. Create, champion,and implement policies, plans,and laws that impact health. 6. Utilize legal and regulatory actions designed to improve and protect the public's health. 7. Assure an effective system that enables equitable access to the individual services and care needed to be healthy. 8. Build and support a diverse and skilled public health workforce. 9. Improve and innovate public health functions through ongoing evaluation, research, and continuous quality improvement. 10. Build and maintain a strong organizational infrastructure for public health Amazing-isn't it?Washington County Public Health-so on point with the critically important, universally recognized element that health holds in regulating urban livestock and livability more broadly, is omitted from the list of 28,excluded, disregarded entirely.Who in their right mind, if even only marginally qualified,would omit Washington County Public Health from their list of targeted experts in writing and approving a staff report regarding urban livestock/chicken regulation, a matter which supposedly is such a priority in Tigard.What is the priority?To get it right, or just get something done—even if it's wrong. Do Pollard and Mcguire just not understand the public health dimensions of urban livestock, or do they conveniently just want to ignore,the health,safety and general welfare of Tigard residents?Their task here was to understand, prioritize and address all legitimate concerns about urban livestock in causing regulations to be drafted and enacted which put reasonable limits on urban livestock activities that may or are likely to threaten the health,safety, character and integrity of Tigard's suburban middleclass residential neighborhoods. Neighborhoods that in some cases were created 60 years ago in Tigard,and in some cases 6 months ago. Neighborhoods still standing, neighborhoods once and again thriving, neighborhoods still rising after the Great Recession, rising again after Covid and still standing during the ongoing societal and political chaos that is Portland, Oregon—Portland - NOT Tigard! Councilors, please table this proposed Tigard Code Amendment. It is not even close to being a solution for the why,where, how and for whom of it all.Why are we upsetting the character and livability of residential neighborhoods to accommodate livestock operations on the urban side of the Urban Growth Boundary(UGB)?And to do it in a manner that allows for unlimited numbers of livestock operations, and unlimited numbers of chickens,domestic fowl, rabbits and goats?The broader public good regarding November 1, 2022 Page 6 Marilyn & Lynn DePaul Tigard Development Code subsistence farming,truck farming, living close to nature, is already served by Oregon's UGB.Tigard is on the urban side of that boundary. The Oregon UGB is a model closely studied around the world. Please Councilors, reel in staffers Pollard and Mcguire. They are attempting,for no good reason to put upon our residential neighborhoods a policy allowing for unlimited numbers of livestock, allowing for the offsite impacts,the unintended consequences,to metastasize whereupon it will be too late. Do we not know better than to base public policy on idealistic nostalgic motivations, presented with a mantra of good intentions. But which completely ignore the degenerative consequences of the actions that these urban livestock people push from their privileged positions of assuming they know better,are more woke,and are thus privileged to ignore the facts,the science,and just hope for the best. Councilors that approach of ignoring the facts and hoping for the best is not prudent. It is not right to let the urban livestock cult, and all the rats and pathogens that come with them, cozy up to potentially every home in Tigard. It is right action to vote to table this ill-conceived code amendment. In doing so you will be recognizing the importance of this issue. It is about much more than all the good intentions it comes wrapped in. Regulating urban livestock is no simple matter, it is not like an inoperable vehicle rusting in the front yard.This urban livestock regulation has been mishandled,and it should not be now rushed errantly into the Tigard Municipal Code.The amendment is not right,the time is not right. This lame duck council and mayor should act responsibly and table the matter,allowing the new set of leaders,as will be elected in just 7 days,to bring these regulations into focus and act on it with a forward view.They will learn from what has happened here,and they will take the time to ask and get answers to the many questions that hang over the process and the amendment at present.Tier 2 is not a solution; it is but an imperfect point from which to restart the process.Tier 2 does not protect the health of animals, nor the health of Tigard residents; it does not make people or animals safer; it does however promote proliferation of urban livestock,with all of the unintended consequences; and as the unintended consequences proliferate the peace between neighbors comes under stress;and it does not promote the general welfare of our communities—including the marketability of homes proximate to our impacted by the unintended consequences and diminishes property values and livability. Marilyn Depaul and Lynn Depaul 11625 SW Ann St.,Tigard, OR 97223 Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Tuesday, November 1, 2022 8:27 AM To: Carol Krager;Jesse Raymundo; Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Public Meeting Comment Form Submission#: 2059429 IP Address: 107.77.205.22 Submission Date: 11/01/2022 8:26 Survey Time: 8 minutes, 6 seconds You have a new online form submission. Note: all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Thomas Poff-Turner Email Complete Address 14840 sw 109th ave Tigard, OR 97224 Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Urban Agricultural Adoptiom Comments My name is Thomas and I've lived in Tigard for most of my life. For a big part of it, I got to experience farmsteading. I cared for lots of animals, learned a lot about how to be self sufficient by planting certain crops in strategic areas.What real harm can come from having a small home farm?I see animals being fed,playing and being happy. I see delicious crops growing. I see kids walking by and getting excited to see goats and chickens,something you don't see very often in the city. My mom, Elizabeth Sprague, has done so much for the community and people around her. Educating kids about the animals and crops,offering services to neighbors to help plant,harvest and grow their own plants. Its a wonderful way to bring the community together in such a dire time of need. Attachment Supporting Documents/Images Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 Carol Krager From: City of Tigard, OR <webteam@tigard-or.gov> Sent: Tuesday, November 1, 2022 11:18 AM To: Carol Krager;Jesse Raymundo; Webteam Subject: *NEW SUBMISSION* Public Meeting Comment Form Public Meeting Comment Form Submission#: 2060118 IP Address: 192.183.218.139 Submission Date: 11/01/2022 11:18 Survey Time: 6 minutes, 33 seconds You have a new online form submission. Note:all answers displaying"*****"are marked as sensitive and must be viewed after your login. Name Mary Potthoff Email Complete Address 11710 SW Ann St. Tigard, OR 97223 Which agenda item or topic are you commenting on? (Comments are due by noon the day of the meeting) Urban Livestock Comments See attahced Attachment Supporting Documents/Images Model Township Ordinan...e Raising and Keeping of Chickens.pdf Thank you, City of Tigard This is an automated message generated by Granicus.Please do not reply directly to this email. 1 The following model zoning ordinance may be used as a basis for municipal regulation of non- commercial and small-scale keeping of chickens. The municipal zoning ordinance is generally the best location for backyard chicken regulations because it is regulated as an accessory use to a residence. This model zoning ordinance is not applicable to commercial poultry activities subject to Pennsylvania Act 38 "The Agriculture, Communities and Rural Environment Act of 2005"(ACRE), which (among other provisions) gives farmers the right to ask the Pennsylvania State Attorney General's office to review local ordinances that they feel unlawfully restrict normal agricultural operations or ownership. This model zoning ordinance is set up from a Township standpoint and applies a special exception process. The regulation of backyard chickens typically occurs in townships, although some boroughs do allow the use in limited circumstances in low density districts. The special exception process allows neighbors to offer comments during a public hearing. However, because of the additional costs for special exception applications, rural municipalities and others may choose to permit backyard chickens as a "by-right"use, subject to listed conditions. A MODEL TOWNSHIP ZONING ORDINANCE: RAISING AND KEEPING OF CHICKENS WHEREAS, the Township permits various accessory structures and land uses; and, WHEREAS, the raising and keeping of chickens on a non-commercial basis at a residential property, and their associated henhouses, coops and runs are appropriate accessory uses if certain conditions are met; and, WHEREAS, the Township desires to ensure that the raising and keeping of chickens and their associated structures are conducted in a way as to not adversely affect the safety and general welfare of the citizens of the Township, and not create any public nuisance. NOW, THEREFORE IT IS HEREBY ORDAINED AND ENACTED, by the Township Board of Supervisors, as follows: Section 1. Definitions. (Note: These definitions should be placed in the definitions section of the zoning ordinance.) A. Chicken run or pen: A fenced or other type of enclosure that is mostly open to the elements, for the purpose of allowing chickens to leave the henhouse or coop while remaining in a predator-safe environment. The chicken run or pen is typically attached to the henhouse or chicken coop. B. Domesticated chicken: A subspecies of the species Gallus domesticus. C. Henhouse or chicken coop: A structure providing shelter for chickens which is completely enclosed. A MODEL TOWNSHIP ZONING ORDINANCE:RAISING AND KEEPING OF CHICKENS Chester County Planning Commission 05/18/17 1 Section 2. Purpose and General Regulations. A. Purpose. The purpose of this article is to provide minimum standards for the keeping of domesticated chickens. This article enables residents to keep chickens on a non- commercial basis as an accessory use to a residence, while limiting the adverse effects of the activity on surrounding properties. Such adverse effects can include noise, odors, unsanitary conditions, attraction of predators, chickens running at large, unsightly conditions, and similar adverse conditions. B. Special Exception Required. The keeping of domesticated chickens may be permitted as an accessory use to a single-family dwelling by special exception, and a zoning permit shall be required. C. Additional Reasonable Conditions May be Attached. In granting a special exception, the Township Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Ordinance, as it may deem necessary to implement the purposes of the Township Zoning Ordinance. (Note: reasonable conditions may include the provision of landscaping or fencing to screen views of the activity, and increased setbacks.) D. Periodic Inspection. The Township may periodically inspect the facility, upon reasonable notice, to ensure that all conditions of the special exception are continuously met. E. Non-commercial Use Only. Domesticated chickens shall be kept for non-commercial purposes only; however, the incidental sale of eggs is not prohibited, provided that all other Township regulations relating to the accessory sales are met (Note: The Township would regulate the incidental sales of eggs as it would regulate a typical roadside vegetable stand). F. Enclosed Structure Required. Chickens shall be kept in an enclosed structure at all times. No chicken shall be permitted to roam freely. Section 3. Lot Size and Limits on Numbers of Chickens. (Note: This Section is intended to apply primarily to suburban municipalities. Rural and agricultural communities may vary the minimum lot size regulations and increase the number of chickens that are permitted by lot area. Furthermore, the municipality should decide which districts will permit backyard chickens. We recommend that this activity be limited to residential districts that permit single-family detached dwellings; backyard chickens are usually not appropriate in multi-family or mixed-use districts.) A. Minimum lot size. One acre. (Note: Some municipalities have chosen to allow chickens on lots smaller than one acre and limit the number of chickens accordingly. Each municipality should determine what they deem most appropriate for their community.) B. Number of chickens per lot. 1. Three chickens shall be permitted for the first one acre. 2. One additional chicken shall be permitted for each additional 1/4 acre, up to a maximum of 20 chickens per lot. 3. Notwithstanding Section 3.B.2., there shall be no limit on the number of chickens on lots over five acres. (Note: Municipalities may impose a reasonable maximum limit on the number of chickens on larger lots, but it may not be necessary to do so for A MODEL TOWNSHIP ZONING ORDINANCE:RAISING AND KEEPING OF CHICKENS Chester County Planning Commission 05/18/17 2 lots where the potential for neighborhood disturbance is limited; this is a matter of municipal discretion.) 4. No rooster shall be permitted on any lot less than five acres. (Note: Some municipalities impose a complete ban on roosters.) C. Setbacks. 1. Chicken runs, pens, henhouses and chicken coops shall be set back from all adjacent residences that are not occupied by the applicant by not less than seventy- five (75) feet and by not less than fifty (50)feet from any lot line. (Note: Municipalities choosing to allow chickens on smaller lot sizes may choose to lower these setbacks. Also, the municipality should check the required setbacks for other accessory structures and amend their ordinance as necessary to indicate which setback takes precedence. This could be the more restrictive of the two, or they may want to make an exception specific to the use.) 2. Chicken henhouses and coops shall be set back not less than twenty (20)feet from the applicant's residence. 3. All structures relating to chickens shall be located to the rear of the residence. 4. No facility for storing manure or feed shall be located within one hundred (100) feet of any adjacent residence not occupied by the applicant and not less than fifty (50) feet from any lot line. I1 .100'min.to lany adjacent dwelling chicken l 5O'min. J coop/run — from any IP * I lot line 1111: l . - 1111111111 •manureandi tA 'food storage ''� E E , 20' A' a °c min. R l L r f 75'min.from any adjacent dwelling property * 50'min.from any lot line line property—NI chicken coop- eleva d 1$" • A 50'min. J 20' A' from any lot line I \--manure and t 100'min.to.I food storage any adjacent}}} dwelling A MODEL TOWNSHIP ZONING ORDINANCE:RAISING AND KEEPING OF CHICKENS Chester County Planning Commission 05/18/17 3 Section 4. Structures, Chicken Pens, Runs, and Coops. A. Enclosed and Predator Resistant Structure. Chicken runs, pens, henhouses and coops shall be enclosed and constructed of durable materials to prevent entry by predators or the escape of chickens. All walls and ceiling and roof areas shall also be protected against entry by predators. B. Construction Materials. Chicken pens, henhouses and chicken coops shall be constructed of weather-resistant that can readily be cleaned and maintained and kept in good appearance. C. Prevention of Entry by Burrowing. A horizontal at-grade area not less than one (1) foot in width along the interior or exterior perimeter of the chicken run or pen shall be composed of chain link or other material to prevent entry by burrowing predators. Alternatively, a barrier to burrowing not less than one (1) foot in depth may be placed along the perimeter of the chicken run or pen. D. Elevation of Structures. Henhouses and chicken coops shall be elevated at least 18 inches above grade, with an elevated floor that will prevent entry by predators. The applicant shall provide details of how manure will be properly cleaned from henhouse and chicken coop floors. E. No External Illumination. The exterior areas of henhouses and chicken coops shall not be illuminated. F. Minimum Area per Chicken in Henhouse or Coop. The henhouse or chicken coop shall provide not less than one square foot (144 square inches) of area per chicken, as well as separate roosting or egg-laying areas. G. Minimum Area per Chicken Run or Pen. A chicken run or pen shall be provided and be large enough to allow freedom of movement, but shall provide not less than four (4) square feet per chicken. H. Feed and Water Required. Adequate feed and water shall be continuously provided, with protection against freezing. Section 5. Conduct of the Owner. A. Banding. (Note: Some municipalities require the banding of chicken's legs with the owner's name, telephone number and other information. This is not recommended because bands large enough to include significant information are typically not commercially available, and chickens are not permitted to roam freely. Additionally, it is difficult and may be dangerous to attempt to catch a roaming chicken in order to inspect its leg band.) B. Odor and Noise. Odors shall not be perceptible at the lot line. Noise shall not be perceptible at lot lines to the extent that it results in a public nuisance or is in violation of the municipal noise ordinance. C. Waste and manure storage and removal. A written waste storage and removal plan shall be submitted. All stored manure shall be placed within a fully enclosed container. No A MODEL TOWNSHIP ZONING ORDINANCE:RAISING AND KEEPING OF CHICKENS Chester County Planning Commission 05/18/17 4 more than three cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken run and pen and surrounding area must be kept free from trash and accumulated manure. D. Mortality. Dead animals shall be disposed of promptly and consistent with applicable waste disposal regulations of the municipality. E. Slaughtering. Slaughtering of chickens shall be conducted in a fully-enclosed structure. F. Description of how the Backyard Chicken Activity will be conducted. (Note: This discretionary option may give the municipality a good assessment of how thoroughly an applicant has considered the proposed backyard chicken activity.) The applicant shall describe how the chickens will be cared for, and shall elaborate on the following: 1. how the facility will be maintained on a routine basis, 2. routine collection of eggs, 3. continuous provision of fresh food and water supplies, 4. waste collected and removal, 5. amounts of mulch or animal bedding, 6. how complaints from neighbors will be addressed, and 7. other matters that the Township Zoning Hearing Board wishes to consider. Section 6. Severability. In the event that any section, subsection or portion of this article shall be declared to by any competent court to be invalid for any reason, it is the intent of the Township that all other sections, subsections or portions of this article shall remain valid. Section 7. Validity and Effective Date. To the extent that this ordinance is inconsistent with any other portion of the Township's zoning ordinance, the provisions of this ordinance will take precedence. This ordinance shall become effective immediately upon enactment. A MODEL TOWNSHIP ZONING ORDINANCE:RAISING AND KEEPING OF CHICKENS Chester County Planning Commission 05/18/17 5 Carol Krager From: Hope Pollard Sent: Tuesday, November 1, 2022 12:01 PM To: Carol Krager; Jesse Raymundo Cc: Tom McGuire; Ken Ross Subject: FW: Public Hearing Comments for 10/17/22 PC Meeting Attachments: 3-5-2019 Wm Oleckno Case Against UrbanChkns.pdf; Dangers of Urban Farming by Ian Feldman.pdf Hope Pollard Associate Planner City of Tigard I COMMUNITY DEVELOPMENT From: Roger H. Potthoff Sent:Tuesday, November 1, 2022 11:51 AM To: Hope Pollard <hopep@tigard-or.gov> Subject: Public Hearing Comments for 10/17/22 PC Meeting Councilors, At the Oct. 17 hearing, Planning Commission President Hu, Commission Vice President Jackson, and Commissioner Schuck made clear they have reservations about the Tier 2 approach. Specifically whether it is sufficiently robust. I recall that they commented that Tier 2 provides no numeric limits on animals, nor any other objective criteria, such as minimum shelter and run space areas calculated on the basis of how many chickens and animals are being kept at the property. They seem to question just what is being regulated?Although I don't think they mentioned this fact, it is true that all of these prescribed objective criteria necessary to provide an adequately robust set of regulations are set forth in the Tier 3 approach.Why is Tier 3 not being given more serious consideration? It seems to me that having more clarity, more objective criteria, aids in promoting more voluntary compliance and more of a solid ground for enforcement action when needed. The lack of objective criteria in Tier 2, leads to a completely subjective interpretation by persons—Tigard staff—who are not trained, nor otherwise qualified to assess the risks of infections and animal borne diseases that are very real and which are transmissible from animals to humans under natural conditions. Such infectious diseases are known as "zoonotic"diseases in the public health realm. Without public health expertise on staff,specifically zoonotic expertise, how will the zoonotic risk be identified?What will be mandated and enforced to mitigate and remedy the onsite and offsite risks? If there are actual active infections at any one of the many unrecorded and unlicensed backyard chicken/livestock locations, who does what, when and where?Tier 2 provides nothing in regard to any of these important public health concerns. The Tigard Municipal Code, Chapter 6 General Nuisances, is not robust enough to keep Tigard healthy, safe and the general welfare protected against the public health risks posed by under regulation of backyard livestock. Why are all the other neighboring suburban communities relying on regulations that set maximum limits on the number of animals, and those numbers are often linked to lot sizes. It's proven to work, and it's the right thing to do. Table Tier 2 and let the new City Council and Mayor focus on the public health risks and protect this community. Sent from Mail for Windows DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail 1 may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 William A. Oleckno` DeKalb, Illinois March 5, 2019 This is an updated and significantly expanded version of an earlier document by the author. This document attempts to provide a clear, objective, and evidence-based assessment of why the City of DeKalb should maintain its current ban on keeping livestock,.including chickens,in the City. The document is presented in three major parts: (1)Background on the Issue, (2)Specific Reasons for Opposing Urban Chickens in DeKa/b, and(3)Additional Considerations These three part'are then followed by Concluding Remarks. BACKGROUND ON THE ISSUE In 2011, a proposal was brought before the City to overturn its ban on chickens in DeKalb (see City Code, Section 18.17).The possibility of allowing "backyard chickens" (more properly,"urban chickens")" in DeKalb was discussed at length among the Citizens' Environmental Commission,the Planning and Zoning Commission, and the City Council without any consensus among these bodies. Finally, according to the official minutes of the Committee of the Whole(dated April 9, 2012), the Mayor"concurred with the majority [those against lifting the ban] and added he doesn't want to introduce something that could be,a problem enforcing:"The proposal to lift the ban and allow urban chickens in DeKalb was thus rejected In 2012. More recently, a new proposal to allow urban chickens in DeKalb is being actively promoted by a group of individuals under the banner"Backyard Chickens DeKalb."This group and others are using many of the same arguments that were rejected by the City Council in 2012.Also, the Citizens' Environmental Commission, a voluntary advisory group for the City of DeKalb, voted in fall, 2018, to send to City staff a proposed ordinance that would allow urban chickens within City limits. Though the vote for the proposed ordinance was not unanimous,there appeared to be a sense of urgency on the part of many Commissioners to move the proposal forward as quickly as possible. Most likely this was because several years have now passed since the first proposal was rejected. `Dr.Oleckno holds the title Distinguished Teaching Professor Emeritus in Public Health at Northern Illinois University. He is a long-time resident of DeKalb and a current member of the Citizens' Environmental Commission. He has served on the Commission for 10 years and chaired the Commission for four of those years.In his academic career he specialized in environmental health and epidemiology. He is the author of more than 50 publications, including two well regarded textbooks. He has also received numerous awards for teaching, research, and professional service. "Backyard chickens is a common term often used interchangeably with urban chickens. Both terms denote chickens kept and raised in urban environments,such as cities,towns,and villages. Urban chickens is a more accurate term in that many ordinances, including the proposed ordinance for DeKalb, do not restrict chicken keeping to backyards. 1 A significant difference from the previous proposal in 2011-2012 was that chickens would not be restricted to backyards nor even to residential properties.Most notably,the proposed ordinance would allow establishments, such as churches, to maintain chicken flocks in addition to residential households.Also, the proposal makes no provisions for minimum lot sizes and does not specify whether houses must be owner occupied or whether they could be rented. A Closer Look at the Perceived Advantages of Urban Chickens In promoting urban chickens the proponents often cite perceived advantages, such as a steady and nutritious source of eggs and a plentiful supply of organic fertilizer from chicken wastes. Other perceived benefits cited in the literature include companionship, stress reduction, and even emotional therapy. (https://www.organiclifestvlemagazine.com/the-benefits-of-backvard-chickens) These purported advantages are not well documented, however, and tend to be misleading. For example, scientists have demonstrated that eggs produced by urban chickens are no more nutritious than store-bought eggs or eggs that can be readily obtained from local farmers' markets or farm stands (citations available from author). One advantage of buying eggs commercially are federal and state rules and guidelines designed to protect consumers. Eggs, of course, can be a significant source of illness. According to the U.S. Food and Drug Administration: "Fresh eggs,even those with clean, uncracked shells,may contain bacteria called Salmonella that can cause foodborne illness, often called'food poisoning.'The U.S. Food and Drug Administration (FDA)estimates that 79,000 cases of foodborne illness and 30 deaths each year are caused by eating eggs contaminated with Salmonella. FDA has put regulations in place to help prevent contamination of eggs on the farm and during shipping and storage...." (https:/lwww.fda.00v/food/resourcesforyou/consumers/ucm077342.htm) As a result, commercial eggs are less likely to be contaminated with Salmonella or other infectious organisms compared to eggs obtained from chickens raised by individual households and establishments, such as churches.Another important point to keep in mind is that hens lay eggs reliably for only a few years.Thereafter,they are more likely to be seen as liabilities when egg production is the reason for keeping urban chickens. Other often cited benefits of keeping urban chickens can be equally dubious. For example, some say that urban chickens can provide a.plentiful supply of wastes that can be used as a source of fertilizer or combined with other materials to form compost, In theory,this sounds good, but in reality few are willing to use chicken feces to make fertilizer or compost.Hence, chicken wastes will accumulate,producing strong odors and attracting flies and other vermin. Furthermore, it should be noted that people who desire to raise chickens do so for a variety of reasons. For many it is simply a hobby; for others, it may be the result of an impulse buy, such as when children convince their parents to purchase cute live chicks at Farm and Fleet or another store. In either case, the long-term commitment to raising chickens responsibly is highly questionable and problematic as discussed later in this document. Of course, there are some potential chickens owners who will be responsible 2 and take chicken keeping seriously, but this does not eliminate the many others who will decide to raise chickens with far less commitment to the health, safety,and welfare of the chickens. Finally, as noted above, the literature cites other perceived benefits that include companionship, stress reduction, and therapy. Given the many problems urban chickens present, it may be that the neighbors of chicken owners are the ones who really need stress reduction or therapy. However,they prefer not to get it by raising chickens. Perhaps the Family Service Agency is a better alternative. Hopefully, after reading the rest of this document you will see clearly that any perceived benefits of allowing urban chickens in DeKalb are seriously dwarfed by the potential drawbacks,which are many and which, unlike the the purported advantages, are well documented by credible sources. It should also be kept in mind that there are readily available alternatives for all of the supposed benefits of raising urban chickens. These alternatives also have the advantage of preserving the familiar urban-rural divide that has defined our country so well for the past 250 years or more. SPECIFIC REASONS FOR OPPOSING URBAN CHICKENS IN DEKALB Reason 1: There are very real and quantifiable risks to human health from keeping urban chickens but no increased risks from maintaining the current ban on chickens in DeKalb. Chickens Transmit Diseases Chickens, especially young chicks, can carry Salmonella pathogens, which can cause sometimes serious illnesses in humans.According the the U.S. Centers for Disease Control and Prevention (CDC): "Live poultry might have Salmonella germs in their droppings and on their bodies(feathers,feet,and beaks),even when they appear healthy and clean.The germs can get on cages;coops,feed and water dishes, hay,plants,and soil in the area where the birds live and roam.Germs also can get on the hands, shoes, and clothes of people who handle or care for the birds." "People become infected with Salmonella germs when they put their hands or equipment that has been in contact with live poultry in or around their mouth[s].Young children are more likely to get sick because their immune systems are still developing and they are more likely to put their fingers or pacifiers and other items into their mouths." "People who have contact with items, like coops or water dishes, in the area where poultry live can get sick without actually touching one of the birds. Germs on your hands can spread easily to other people or surfaces..."(see httpsafwww.cdc.govtfeatures/salmonellapoultryfindex.html) Statistics from the CDC reveal that for the six-month period from February 15 to August 10, 2018, there were a reported 334 people in 47 states infected with Salmonella from backyard poultry flocks.The outbreaks led to 51 hospitalizations, and of those stricken, 21% were under the age of 5. In 2017, the CDC reported the largest number of human cases of salmonellosis ever recorded due to contact urban poultry flocks. Urban chickens are also potential sources of campylobacteriosis,histoplasmosis, urinary tract infections due to Enterococcus faecalis, and other potentially serious diseases. Consider, for example, the case of Luke Gabriele that was reported in the Toronto Stara 3 "Luke Gabriele was a healthy 14-year old football player in Pennsylvania when he began to feel soreness in his chest that grew increasingly painful.After his breathing became difficult, doctors detected a mass that appeared to be a tumour.For a week, Dan and DeAnna Gabriele thought their son was dying until tests identified the cause: not cancer,but chickens—the ones he cared for at home.They had apparently infected him with salmonella that produced a severe abscess." (https://www.thestar.com/news/world/2017/10/19/backyard-chicken-trend-leads-to-more-salmonella- i nfections-cdc.html) Urban Chickens Present Problems for Disease Control It is conceivable that allowing urban chickens in DeKalb could place some of the liability for disease outbreaks on the City. In fact, the stated purpose of the City's Unified Development Ordinance (UDO) is to promote the "health, safety, and general welfare" of its residents. If urban chickens are allowed in DeKalb, achieving this objective will require potentially costly steps to assure adequate disease prevention, ongoing surveillance, and effective control measures. The Director of Health Protection at the DeKalb County Health Department recently stated in an interview that the department's resources are already stretched, and it cannot assume responsibility for monitoring chicken health in the City without new regulations giving it adequate authority and additional funding to carry out such a mandate. It should also be reemphasized that without detailed records of all urban chicken owners and a complete inventory of their flocks, including vaccination status, recent medical treatments and prescriptions, purchase dates and locations, etc., it would be extremely difficult for local health professionals to identify the source, trace, or control an outbreak regardless of its type or origin.A recent study of urban chicken ordinances for 100 municipalities throughout Colorado, and serving almost 42,000 households, revealed that the majority of the ordinances inadequately addressed human health risks and presented concerns for the adequacy of monitoring and intervening in public health crises. (Brinkley, C.; Scarlett Kingsley, J.; and Mench, J. (2018).A Method for Guarding Animal Welfare and Public Health:Tracking the Rise of Backyard Poultry Ordinances. Journal of Community Health, 43(4): 639-646.) Finally, one should keep in mind that diseases like salmonellosis can also be spread easily by contaminated eggs, which are often shared with others at work or school and with friends and family members.These cases can also be difficult to follow up unless health officials have first-hand knowledge of how and to whom the eggs were distributed. Reason 2: Experts warn that chicken enthusiasts typically do not recognize the serious threats to animal welfare and other problems that can result from raising chickens in urban environments. Chickens Develop Numerous Health Problems Few aspiring chicken owners are aware of, or prepared for,the many health and other challenges that urban chickens often present. Many of these problems are difficult to deal with, and medical support is often lacking or too expensive to pursue on a regular basis. Some veterinarians, for example, are untrained in chicken health or refuse to accept chickens in their practices. Chickens are known to be susceptible to a number of health problems such as fowlpox, a viral disease causing nodular lesions on the body and in the throat; infectiousbronchitis; internal and external parasites, including tics, mites, and lice; coccidiosis, a protozoal gastrointestinal disease; and Mareks disease, a 4 highly contagious neoplastic disease causing weight loss, paralyzation, and difficulty breathing.These and related health issues are not uncommon among chicken flocks and often go unrecognized by their owners, especially in the early stages.These problems cause great suffering to the affected chickens, and unfortunately,when sick chickens do become obvious,they are often slaughtered or abandoned to avoid the costs of treatment. Since many chicken owners consider sick chickens to have no value, their welfare is of little concern. In these cases, raising urban chickens is cruel and inhumane and should be considered unethical. Urban Chickens Demand Attention and Care What most new owners of urban chickens eventually find out is that raising chickens responsibly is not easy and requires a daily commitment involving feeding and watering chickens, cleaning their coops and premises, picking up their eggs, and retrieving the chickens at night to lock them up in their coops.There is never a day off, and chickens are not always as cooperative as owners expect. In addition, there are a myriad of problems that chicken owners face,including chicken health issues, predator infestation, and what to do with flocks when the temperatures hit extremes as they did this winter. Also, the costs of owning chickens is not trivial. initial costs for coops, supplies, heating and cooling units, fencing, cameras, and other needs can average $2000 to $3000, and annual supplies for feed, bedding, utilities,etc.can run about$300.Veterinarian care, if available, can increase total costs substantially. (see http://www.chickenrunrescue.org/Municipal-Regulation) One city dweller remarked that after adding up all his expenses he was afraid to tell his wife that the eggs produced by their urban chicken flock cost about$40.00 a dozen. Few aspiring chicken owners are aware of what it takes to raise chickens,and this is a serious concern because it likely to lead to chicken abandonment or neglect as has been reported In many communities that allow urban chickens.A noted veterinarian specializing in chickens recently stated, "The biggest risk ...to keeping urban chickens is the general ignorance people have of chickens." (https://mikethechickenvet.wordpress.com/2012/03/03/why-dont-cities-want-backyard-c hickens/) It is worth noting at this point that the proposed ordinance would allow establishments like churches to raise urban chickens.This begs the question,who will be responsible for caring for them? Most likely,they will be volunteers.This, of course, raises a host of other issues regarding continuity of care and who takes responsibility when care is haphazard, intermittent, or absent entirely. Furthermore, whois ultimately responsible for the chickens'? is it the church pastor, the congregation, or the church governing body? Allowing establishments to raise chickens hardly seems like it will benefit the health,welfare,or safety of urban chickens. Chicken Abandonment and Other Welfare Issues are Real It is a scientific fact,that in addition to health problems, chickens are susceptible to a 5 host of nutritional deficiencies and reproductive issues that can result in egg binding' as well as problems like frostbite, freezing, bullying, and cannibalism. Chickens are easily stressed animals, which can accentuate these and other problems. First-time owners facing these or other issues sometimes consider abandoning their chickens. Frequently, they do this illegally in wooded areas, along roadsides, or in open fields.Animal shelters and farmers have reported being overburdened with abandoned chickens in areas where urban chickens are allowed. Many of these abandoned chickens have untreated health problems or other issues that must be dealt with. Examples include lost feet due to frostbite or reproductive cancers associated with constant egg laying. One second generation farming family in DeKalb County with over 50 years of experience raising all types of farm animals, including chickens, and with more that 10 years of experience with the 4-H as poultry superintendents, stated that they have been the recipients of more than 75 "orphaned"chickens from city dwellers and schools that undertook raising urban chickens enthusiastically but then found that they no longer embraced the hobby when issues developed.When asked if they thought allowing urban chickens in DeKalb was a good idea,they stated emphatically"100% No!" and added "You have no idea what you would be bringing on yourselves." United Poultry Concerns is a well known coalition of animal sanctuaries that are involved in the care of unwanted chickens.This organization drafted a collective position statement on backyard poultry due to their shelters "being inundated with calls to take in unwanted chickens,"a result of the increasing trend of allowing urban chickens. The organization cites numerous animal welfare issues associated with urban chicken flocks. Some of these are worth highlighting since most chicken enthusiasts and communities considering allowing urban chickens are unaware of these startling facts: "Hatcheries are like puppy mills...When animals are reduced to commodities,their interests are pushed aside in favor of profit. Hatcheries that produce chicks for backyard flocks treat chickens and their offspring the way puppy mills treat breeding dogs and their puppies.As there are no legal requirements dictating how breeding hens and roosters are housed,they're most likely crammed into small cages or sheds without outdoor access" "Shipping day-old chicks is cruel-Most chickens purchased are bought from hatcheries for from stores that obtain their chickens from hatcheries]. Hatcheries ship day-old birds through the postal service without any legal oversight.Young chickens are deprived of food and water for up to 72 hours and exposed to extreme temperatures." "Chicken sexing is more art than science:Using data collected from sanctuaries and rescues that field calls daily about unwanted chickens,we estimate between 20-50%of purchased 'hens' are actually roosters. Depending on breed, visually identifying a rooster can take weeks to months." '"Egg binding is a life-threatening condition that must be addressed quickly,preferably by an experienced poultry veterinarian. If the egg is not passed within 24-48 hours,the hen is likely to perish.Absent access to a[qualified]vet, backyard chicken-keepers may have to take matters into their own hands in order to save the hen's life." (https://the-chicken-chick.com/chicken-egg-binding-causes-symptoms/) 6 "Roosters maybe unwanted and are often illegal-Male chickens are generally unwanted for two reasons:They don't produce eggs and they are rarely legal in urban or suburban settings. Hatcheries may use rooster chicks as packing material, regardless of whether they were ordered. ... Unwanted roosters may be abandoned to the streets,slaughtered,or end up in a municipal shelter to be killed. Very few find their way into a permanent home or sanctuary." "Lack of professionalmedical care:Avian medicine has made progress but there are few vets specialized in the treatment and care of birds.Veterinarians who do treat poultry are often expensive, with a veterinary visit sometimes starting at a:minimum of$100." (http://www.upc-online.oro/backvard/backvard Doultrv.html) There are More Chicken 141e/fare Issues Chicken Run Rescue,a home-based shelter program located in Minneapolis, cautions potential urban chicken owners of the serious animal welfare issues created by owning chickens in urban environments. Its founder, Mary Britton Clouse, cites several problems created by raising urban chickens: "The challenge is to insure that people who think they are creating a more'sustainable'world understand the ugly realities of how much their eggs cost the birds: -Daily egg laying is biologically unnatural and unsustainable.By the age of 2 years, hens begin to develop reproductive problems and cancers from incessant egg laying which is completely unnatural and it ultimately kills them. ... Because of the constant wear on her system[sic],hens develop enlarged livers...and/or tumors.Often,the oviduct... disintegrates and the egg material ruptures into the body cavity and rots ... and slowly poisons her." (http://www.chickenrunrescue.org/Backyard-or-Battery) Clouse goes on to say, "Urban animal 'farming' is an extension of, not an'humane alternative'to, the institutionalized cruelty of mass production...." She adds, "Purchased by mail order, 'poultry swaps'or from backyard breeders or feedstores, the birds ultimately wind up in the hands of people with no experience with animals, much less birds who required specialized care." (http://www.chickenrunrescue.org/Backyard-or-Battery) in summary,very few potential urban chicken owners or the governing bodies of communities that allow urban chickens are aware of the very significant effects this practice has on chicken welfare.When chickens are treated simply as a ready source of eggs or for the selfish interests of their owners, serious health and welfare problems can, and likely,will develop. In short, raising hens in back and side yards is an unnatural practice, and in some cases, it is only marginally more humane than the methods used to raise chickens for mass food production. Both practices canseverely compromise the health and well being of the chickens: By contrast,country farmers who raise free range chicken flocks that include roosters are placing their chickens in a much more natural environment since roosters are a natural part of the chicken social structure and perform many critical functions, including protecting hens from predators and acting as peacekeepers when chickens quarrel. Thus, excluding roosters from urban chicken flocks is an unnatural act.That is just one reason why chicken flocks belong in the country and not in the city. Reason 3: Urban hens attract many predators and pests,such as rats,mice, and flies,and can create neighborhood nuisances and potential dangers to neighboring residents,especially children. Chickens Attract Many Predators and Pests Even the best defenses cannot stop predators from stalking urban chickens,and hens are the most defenseless farm animals.This guarantees that raising chickens in the City will attract more predators.These predators not only present problems for chickens but for their owners and neighbors as well. The most common predators are hawks, raccoons, opossums, foxes, coyotes, owls, bobcats, weasels, snakes, and skunks, as well as some domestic dogs and cats. Urban chickens, as well as their feed,water, eggs, and wastes, also attract rats, mice, flies, and other pests that can spread disease and harm children. Urban chickens can thus be classified as an attractive nuisance that can endanger the health and safety of an entire neighborhood. The proponents of urban chickens often try to minimize these problems by stating that predators and pests already exist in cities and towns. This logic, of course, is inherently flawed.The truth is that allowing urban chickens will only magnify existing.problems. The logic of urban chicken advocates is somewhat like saying since we already have litter in our City,we shouldn't restrict littering. Chickens Cause Other Nuisances Some of the other nuisances created by urban chickens include messy droppings that can produce strong odors, especially in the warm summer months and in confined areas. According to a veterinarian specializing in chicken health, each chicken produces two pounds of manure per week. For an owner of six chickens this amounts to '12 pounds of chicken wastes that must be handled on a weekly basis. (https://mikethech ickenvet.word press.co m/2012/03/03/why-d ont-cities-want-backyard-c hickensf). In chicken coops, the buildup of ammonia from accumulated wastes can be a serious danger to those cleaning the coops. In addition, there are problems of noise,feathers, and excessive dust, especially in and around coops.These and other nuisances are often minimized by proponents of urban chickens, but they can be a contentious problem for neighbors. For example, it's been said'that the noise created by a few chickens is at about the same decibel level as human conversation. Many know from experience, however, that backyard conversations in the early morning can wake neighbors and make it difficult to get back to sleep. This seems especially true on relatively calm days where noise can travel long distances or in warm weather months when windows are left open.Also, the decibel levels rise significantly when chickens are agitated (due to bullying, predators, etc.). In addition, experienced real estate agents caution that urban chicken coops and flocks can affect home sales and lower property values, especially when the facilities are poorly maintained. Poor maintenance and abandonment of chicken coops are other concerns that the City would need to address if chickens are allowed in DeKalb. 8 ADDITIONAL CONSIDERATIONS Summary of Concerns in this document, I have highlighted some of the problems that overturning the ban on chickens in DeKalb is likely to create.These include potential threats to human health through the increased spread of diseases like satmoneliosis as well as animal welfare issues,which seriously threaten the health and safety of hens and roosters alike.There is also a high potential for increased predator attraction and rat, mice, and fly infestation as well as increased nuisances due to smells and noise. Property values are also likely to decrease in neighborhoods where chickens are raised,especially when owners do not adequately maintain their coops or flocks.All of these issues present problems for prospective chicken owners and non-owners as well. For decades, DeKalb has thrived without the need to allow households or churches and other establishments to populate their properties with chickens.It is extremely unlikely that maintaining the current ban on chickens,and other livestock,will hurt DeKalb in any measurable way.In contrast,lifting the ban on chickens will impact DeKalb in the negative ways described throughout this document The Facts Regarding Urban Chickens are Credible Some of the sources cited in support of the arguments to maintain the current ban on urban chickens and prevent health, safety, and welfare problems come from highly credible sources like the Centers for Disease Control and Prevention, the Food and Drug Administration, United Poultry Concerns, and Chicken Run Rescue.The proponents of urban chickens,on the other hand, have tended instead to focus on things like freedom to act as they choose without, of course,necessarily granting that same freedom to their nearby neighbors who have to live with others'choices due to their close proximity.They also appear to be relatively fond of emotional arguments and personal opinions that often don't stand up to closer scrutiny. The City Needs to be Very Cautious The City of DeKalb needs to be very cautious before deciding to lift the ban on urban chickens because of potential negative consequences as expressed succinctly by a noted chicken veterinarian: "If a municipality condones such an enterprise,they implicitly assume some of the responsibility for what happens when their bylaws are followed. If complaints come in for chickens freezing to death in a poorly made coop,city councifwill be asked why they permit that to happen. If someone gets very ill, or heaven forbid, dies from food borne illness from backyard eggs,fingers will point towards city hall. if there is a family of children that get sick from playing in the backyard amongst the manure of hens, well,you get the idea." "So,the challenge that municipalities face is developing a bylaw and a method of policing it that makes it impossible for people to cause themselves or their hens undue stress." (https://mikethechickenvet.wordpress.com/2012/03/03/why-dont-cities-want-backyard-chickens/y Unfortunately, no regulations, however well researched and intentioned, can make "it impossible for people to cause themselves or their hens undue stress." 9 The Proposed Ordinance is Weak on Many Levels The challenge if the City does decide to go down the path of allowing urban chickens is coming up with an effective, enforceable ordinance that adequately meets the challenges describedin this document and elsewhere. Unfortunately,the current proposed ordinance is grossly inadequate.It is a document based on faulty assumptions and vague or insufficient regulations.Therefore, it will not accomplish what it Is intended to do. To elaborate somewhat, the current proposed ordinance to allow urban chickens in DeKalb suffers from a number of deficiencies. Here are two examples: 1) The proposed ordinance is based on a faulty rationale. It assumes, incorrectly, that allowing urban chickens In DeKalb will support food security. The U.S. Department of Agriculture defines "household food security" as "access by all members at all times to enough food for an active, healthy life." (https://www.ers.usda.gov/topics/food-nutrition-assistance/food-security-in-the-us/meas urement.aspx)The problem here is that those who can afford to live in individual households and raise chickens on their properties tend to be those who are already food secure.The food insecure, on the other hand, are more likely to be those who cannot afford a home or the cost of raising chickens, which is not inexpensive as indicated earlier,and those who have disabilities that severely limit their mobility to the extent that they cannot adequately care for chickens. These individuals will not be helped by the proposed ordinance.Those in most need of food security tend to be among the poor and homeless, who, unfortunately, are extremely unlikely to be able to own and raise chickens. 2) The ordinance does not adequately assure optimal protection of the health, safety,and welfare of the owners,their chickens,or their neighbors. The control of a disease outbreak, for example, requires an ability to identify the specific source of the outbreak (which flock?which chicken?etc.) and who specifically has been in contact with the source (which owners?which friends?which relatives?which neighbors?which church members? etc.). Without this basic information, prevention, surveillance, and control measures will be very difficult. In general, optimal control means that each chicken should be registered in a central registry, periodically examined by a trained veterinarian for health issues, and monitored over its entire lifespan.As mentioned earlier,even the eggs produced by chickens should be monitored since illness can be spread easily by distributing contaminated eggs to others within and outside the City. Incidentally, most people don't know how to wash an egg properly without transferring pathogens on the outer shell to the egg interior due to the porous nature of egg shells. It is also necessary to have adequate personnel to carry out these functions and investigate disease outbreaks. Without attempting to analyze all of the provisions of the proposed ordinance, at least one other glaring problem needs mentioning.The proposed ordinance states that "Members of the CEC [Citizens' Environmental Commission]will be responsible for monitoring and recording the practices of the initial license-holders per adherence to the to requirements of the ordinance."This directive is fraught with so many problems that it stretches the imagination. Since a majority of the CEC voted in favor of the proposed ordinance, this provision would appear to represent a clear conflict of interest in monitoring compliance with the requirements.Also, there are issues of liability for the City should CEC members suffer injury or infection during their inspections. In addition, it is highly unlikely that CEC volunteers without official positions with the City would have the authority to administer these additional responsibilities.This is not to mention that if this provision were feasible, CEC members would need appropriate training to carry out their assigned functions. A Strict Comprehensive, Enforceable City Ordinance is a Last Resort Strict, detailed comprehensive regulations accompanied by frequent inspections and enforcement by knowledgeable City inspectors might help mitigate some of the potential problems that could result from raising urban chickens in DeKalb. For the City this may mean hiring and training additional inspectors to enforce the regulations and developing educational programs for owners regarding how to raise chickens properly and best protect human and animal health,safety,and welfare.Any city allowing urban chickens should also consider contracting with a veterinarian consultant who specializes in chicken health to deal with health issues that may arise. Unless DeKalb is willing and able to commit the needed funding and human resources to carry out these and related responsibilities, it Is highly unlikely that the problems • described in this document and elsewhere can be adequately managed or controlled. In a study cited earlier in this document, Brinkley eta/found that: "Most ordinances inadequately address both human and animal health and welfare concerns. Provisions governing animal slaughter and routine veterinary care are rare,presenting a concern for monitoring and intervening in public health crises." (Brinkley,C.; Scarlett Kingsley,J.;and Mench, J. (2018).A Method for Guarding Animal Welfare and Public Health:Tracking the Rise of Backyard Poultry Ordinances. Journal of Community Health, 43(4):639-646.) . A Source that Should be Helpful A few years ago, a set of"Recommendations for Municipal Regulation of Urban Chickens"was devised and endorsed by a number of organizations, including Chicken Run Rescue, The Humane Society of the United States, and United Poultry Concerns, among others. This comprehensive document, which can be found at http://Www.chickenrunrescue.org/Municipal-Regulation, outlines the many considerations that should be examined before contemplating an urban chicken ordinance. It is well worth visiting the site in order to see the the types of considerations that should be made. Interestingly and appropriately,their first recommendation is not to permit urban chickens at nih Please reread the previous sentence. It is the soundest advice that can be offered and advice that will save the City of DeKalb from many problems down the road. Examples of the recommendations for those communities that ignore the above advice include the following: -Only allow chickens as pets -DO NOT prohibit roosters -Limit the number of chickens to no more than five 11 -Require 100% consent of neighbors -Provide written guidelines for chicken care -Allot for additional administrative staff and resources -Allot for enforcement and capture training Details regarding all aspects of owning urban chickens are addressed in the recommendations. By comparison, the proposed ordinance for DeKaib is sorely inadequate. Nevertheless, the best advice is not to overturn the current ban on chickens. CONCLUDING REMARKS There are many other arguments that can be made for not allowing urban chickens in DeKalb, and I am happy to discuss them with City officials. The items discussed in this document are only a sampling of the important issues and problems that need to be carefully considered when discussing urban chickens.Since DeKaib is committed to protecting the health,safety,and welfare of its residents, it seems that allowing a practice that could seriously jeopardize community health and safety (e.g., due to disease transmission and increased predator and rodent attraction)as well as chicken health,safety, and welfare (e.g.,due to improper care, neglect, abandonment,and general ignorance of the needs of chickens)would be a very foolish idea. I sincerely hope that the Mayor and other members of the City Council will rely on their collective wisdom and say no to those promoting a proposal that is unlikely to enhance the best interests of the citizens of DeKaib as a whole. I believe the proposal will work against the City's interests in the long run as I have discussed throughout this document. The negative effects of allowing urban chickens may not appear immediately, but given time, I am convinced that unintended and unwanted consequences will become apparent.Although many cities in Illinois and elsewhere have approved urban chicken ordinances, it would not surprise me if some of these cities begin to have second thoughts as unexpected problems develop. I do know that several cities, towns, and villages in Illinois are maintaining their bans on urban chickens. The arguments in favor of urban chickens seem to focus on individual rights to a large extent, which are important, but those rights should never,run roughshod over the rights of those who oppose this particular practice for the reasons described in this document and elsewhere. In first proposing to develop an ordinance to allow urban chickens in DeKalb, some members of the Citizens' Environmental Commission presented reasons in support the proposition.As a member of the Commission, I believed then, as I do now, that most of these reasons were flawed in one or more respects and did not have credible support in the relevant literature. I have chosen to focus on factual information and expert assessments, which have led me to the conclusion that raising urban chickens presents a number of problems and issues than can be best avoided by maintaining the current ban. In conclusion, the documented health, safety, and welfare risks and other disadvantages of allowing urban chickens in DeKalb far outweigh any potential benefits. One should also keep in mind that if chickens are allowed in DeKaib it will set a precedentthat will almost certainly assure us that it won't be long before the City has to also 12 consider allowing ducks, geese, goats, pigs,sheep, llamas,and who knows what else. Do we really want the City of DeKalb to become a"farming" community, or it is more appropriate that we honor the familiar and time-tested urban-rural divide? Finally, it is worth reiterating that the current City Code (Section 18.17) prohibiting the keeping of chickens in DeKalb has worked well and has very likely prevented many problems related to the health, safety, and welfare of both humans and chickens alike. Therefore, at the risk of being redundant, I once again strongly recommend retaining the current ban on chickens in DeKalb. To finish on somewhat lighter note, consider this hypothetical resident's plight: The neighbor to my right keeps three loud barking dogs that start about 4:30 every morning and don't stop barking until late in the afternoon when he gets home from work. Sometimes they get out of the yard and leave their waste products in mine. I have to be careful where I step.The neighbor across the street lets her two cats roam freely in the neighborhood, but they have chosen to use my foundation as their preferred litter box.Another neighbor leaves a large spotlight on all night that has attracted skunks, which are now so used to the light that they spray during day and night. In every other way they are nice neighbors,and I couldn't conceive of calling the police or other authorities on them. I guess they're just too busy to tend to these problems.Well, I can hardly wait now until our city gives the okay to raise backyard chickens.The rear neighbor has a grudge against me for some unknown reason and thinks if he gets chickens it will put me over the edge. He's probably right. He already has a duck or two (illegally), so why not some other fowl? It all makes me wonder why I left our farm in Colorado and moved to the city.It just doesn't seem to be that different any more. How sad! I'm sure most homeowners can find in this description some experiences similar to their own. Instead of allowing livestock in the City limits, let's promote things like vegetable gardens and fruit and nut trees as well as carefully landscaped native vegetation that can enhance the beauty of our neighborhoods. This is also a way of providing sustainable, healthy food options for DeKalb residents without the risks described in this document. Please Note:This document is copyrighted by William A.Oleckno,2019. Portions of the document may be copied and distributed for educational purposes as long as the material accurately represents that in the document and is properly attributed to the author.Copies of the entire document may also be copied and distributed with the appropriate attribution to the author.The suggested attribution is: Oleckno,W.A. (March 5,2019). The Case Against Allowing Urban Chickens in DeKalb(Position Paper), DeKalb, IL. 13 Dangers of Urban Farming Page 1 VegNews Magazine As the urban-farming movement grows in popularity, the importance of animal husbandry as a piece of the puzzle becomes a must-act issue. by IAN ELWOOD In the past few years, independent bookstores in cities such as San Francisco, Oakland, and Portland have sprouted new urban-farming sections.... Covered with colorful pastoral graphics overlaid on a gritty urban backdrop a reader can find an artsy watercolor painting of happy farm animals or images of a rooster atop a graffitied brick wall, a metropolitan rendition of American Gothic. Urban farming is a growing trend and has captured the imaginations of many people. City planning scholars, food writers, environmentalists, activists— basically anyone with a political interest in food is now likely interested in urban farming. Because of its newfound popularity in such a wide variety of intellectual disciplines, urban farming is often written about glowingly and with uncritical praise. It is often portrayed in sweeping terms as a panacea for the problems of the inner-city poor, with urban farms held in the same esteem as community centers, city parks, or public libraries. So what's the problem? Providing access to healthful fruits and vegetables for people in low-income communities is crucial to address the inequities in the distribution of nutritious food. But in the haste to create laws to encourage farming in cities, many city governments are making one fatal mistake: deregulating animal farming. Animal Farm Of all the community gardens and farms in cities across the country, generally less than 10 percent include animals. Some cities such as Boston, Detroit, and Washington, DC prohibit keeping animals within city limits, and others including Denver, Chicago, and Long Beach, CA prohibit the slaughtering of animals, which precludes raising animals for meat. In the past five years, the majority of cities that have deregulated animal husbandry in some way have done so because people want to have backyard chickens as "pets with Dangers of Urban Farming Page 2 VegNews Magazine benefits"—specifically, using the chickens for (urban) farm-fresh eggs. The practice of breeding, keeping, and killing other animals is an afterthought in many locations, without any real scrutiny of the larger impacts on animal welfare, human health, the environment, or city livability. If the problem we are trying to solve is food injustice, breeding [and keeping] animals for food and slaughter misses the mark. Even keeping hens for eggs is of questionable benefit. Given the costs, risks, and dangers involved in animal farming, cities should focus on creating exclusively horticulture-based urban farming systems. Out Back What, exactly, are the risks of raising animals within city limits? The vast majority of urban farming's shortfalls result in unnecessary suffering on the part of backyard poultry and other food animals. In his recent book, editor in chief of Make magazine Mark Frauenfelder recounts how his backyard chickens Rosie and Daisy were eaten by coyotes because the coop they were kept in was not predator proof, and later posted a recording of the neighborhood coyotes to his blog... . Slaughtering animals [including backyard chickens] is all too common, ... even slaughter that is performed "correctly" is still no treat to witness or hear happening next door. Free-roaming animals are often attracted to "livestock" enclosures, which cause conflict with human neighbors. The list of problems goes on. With so much that can go awry in backyard animal husbandry, communities need to evaluate what, if any, problem the practice of keeping backyard livestock actually solves, and at what price or impact to urban and suburban neighbors? Sprouted Solution Urban farming can be a positive step for people in cities who are trying to feed themselves, but if changes to city policies are not crafted with great caution they could have a large negative impact on animals. So what is the solution we should be advocating as people who care greatly for all animals and for all people? Ian Elwood is co-founder of a community-based organization in Oakland, CA that is working to achieve food security while protecting animals, the environment, and community. AIS-5088 4.A. Business Meeting Meeting Date: 11/01/2022 Length(in minutes): Consent Item Agenda Title: Reservoir 18 and Pump Station Progressive Design Build Amendment Authored By: Toni Riccardi Presented By: Project Manager Shasta Billings-Beck Item Type: Motion Requested Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The purpose of this action is to approve the Reservoir 18 and Pump Station Progressive Design Build Amendment. ACTION REQUESTED Staff recommends the Local Contract Review Board award an amendment in the amount of$298,998 to the current Reservoir 18 and Pump Station Design Build agreement and authorize the City Manager to take the steps necessary to execute the amendment. BACKGROUND INFORMATION The City of Tigard owns and operates a public water system which supplies potable water to the Tigard Water Service Area(TWSA),which includes approximately two-thirds of the residents,businesses,and public institutions within the City limits,the unincorporated area of Bull Mountain,and the cities of King City and Durham.The TWSA is currently expanding to include the River Terrace area as development occurs along the City's western boundary. The Local Contract Review Board (LCRB) awarded a contract to Emery&Sons Construction Group,LLC on 12/07/2021 for the design and construction (Progressive Design Build) of the new Reservoir 18 and Pump Station project. This reservoir,and its associated work,will support the city's 550-foot pressure zone and is needed to address system deficiencies and development demand in River Terrace. Modeling work that was performed during the design phase for the new pump station uncovered deficiencies in transmission main piping to deliver water to the western side of the distribution system and Reservoir 13 (existing). The requested amendment before the LCRB is necessary to design transmission piping improvements in order to continue to deliver an adequate supply of water to both the existing pressure zone on the western side of the distribution system and to allow Reservoir 13 retain an appropriate level of water while the new pump station is in operation and pumping water up to the new Reservoir 18.This amendment will allow the design to be completed to the 50-percent level so this work can be incorporated into the guaranteed maximum price (GMP) that Emery will prepare and submit in December 2022. ALTERNATIVES & RECOMMENDATION The Local Contract Review Board may choose to not award this amendment. Any decision to not award will result in Reservoir 13 not being able to refill over a 24-hour period during the peak demand season. ADDITIONAL RESOURCES None Fiscal Impact Cost: $298,998 Budgeted (yes or no): Yes Where Budgeted(department/program):Water Capital Fund Additional Fiscal Notes: The amendment will bring the current contract to a total of$2,452,676. The city is expecting to receive the GMP for the construction phase of this project in December 2022,and negotiations will follow. Final approval of the GMP is anticipated no later than February 2023. Attachments No file(s)attached. AIS-5093 4. B. Business Meeting Meeting Date: 11/01/2022 Length(in minutes): Consent Item Agenda Title: Right-of-Way and Utility Management Contract Amendment Authored By: Toni Riccardi Presented By: City Attorney Shelby Rihala Item Type: Motion Requested Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information EXPLANATION OF ISSUE The purpose of this action is to approve an Amendment to the Right-of-Way and Utility Management contract. ACTION REQUESTED Staff recommends the Local Contract Review Board award the contract amendment of an additional $450,000 for an estimated amount of up to $150,000 over the next three years and direct the City Manager to take the steps necessary to execute the amendment. BACKGROUND INFORMATION ROW Consultants LLC provides right-of-way management services for the City. This includes franchise and right-of-way license management for all telecommunications,electric,and small cell companies operating in the City. ROW Consultants tracks compliance of these companies to ensure timely and accurate payments to the City based on the applicable franchise agreement or utility code in TMC 15.06.Additional services include assistance with enforcement actions as well as compliance with the City's business license requirement for these companies. ALTERNATIVES & RECOMMENDATION The Local Contract Review Board may choose to not award this contract. ADDITIONAL RESOURCES N/A Fiscal Impact Cost: $450,000 Budgeted (yes or no):Yes Where budgeted?: Financial Ops General Fund Additional Fiscal Notes: Attachments No file(s)attached. AIS-5072 4. C. Business Meeting Meeting Date: 11/01/2022 Length (in minutes): Consent Item Agenda Title: Universal Plaza Activation,Design,Construction, and Project Management Amendment#5 Authored By: Marcos Campos Presented By: Redevelopment Project Manager Farrelly Item Type: Motion Requested Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information EXPLANATION OF ISSUE The purpose of this action is to approve contract amendment#5 for additional design services for Universal Plaza. ACTION REQUESTED Staff recommends the Local Contract Review Board award the contract amendment of an additional$11,000 for a total contract amount of$1,163,420 and direct the City Manager to take the steps necessary to execute the amendment. BACKGROUND INFORMATION The City of Tigard and its tax increment financing agency,the Town Center Development Agency(TCDA),are focused on continuing the revitalization of downtown Tigard.The City's strategic vision is to be an"equitable community that is walkable,healthy,and accessible for everyone."The adopted City Center Urban Renewal Plan aims to support this vision by develop[ing] urban spaces that will provide active and passive recreational opportunities for pedestrians and attract residents and visitors to downtown. In 2017,the TCDA Board directed that an agency-owned property in downtown Tigard be redeveloped as a large public plaza.Envisioned as the most important public space in the city's most important district,Universal Plaza will be a hub of activity,a stimulus for downtown's continued redevelopment,and an emblem of civic pride and identity for Tigard residents.The project is currently under construction and is on track to open March/April 2023. On February 25,2020,a team lead by BIOS was awarded the design and activation contract.The original contract included the following tasks: •Conceptual Framework Design Plan •Activation of the temporary plaza •Schematic Design and Cost Estimate •Design Development •Construction Documents •Land Use Approval Submittal Contract amendment#1 in the amount of$98,480 provided additional project design and implementation services including design development and land use approval for the following features: •Interactive water feature •Restrooms • Concessions building • Seating and other site furnishings •Lawn areas,landscaping •Site lighting •Paved areas •Signage Contract amendment#2 in the amount of$6,500 provided additional project design and implementation services to include activation design and implementation and extension of landscape architecture. Contract amendment#3 in the amount of$361,440 provided additional project design and implementation services for the completion of design and construction,including the following tasks: •Construction Documents •Permitting •Bidding •Construction Observation Contract amendment#4 in the amount of$42,100 provided for additional project design and implementation services for the completion of design and construction,including food cart infrastructure design and coordination of electrical, mechanical,plumbing and structural engineering and lighting design. Contract amendment#5 in the amount of$11,000 provides for additional scope for the engineering subcontractor to provide construction inspection services for the ROW and off-site portion of the project.These inspections include: •Driveway: Final inspection. •Stormwater Facility: midway and final inspection. •Storm line to Ash:Pre-backfill inspection (might need multiple,pending on construction sequencing). •Waterline tap and sewer connection. ALTERNATIVES&RECOMMENDATION The Local Contract Review Board may choose to not enter into this contract amendment.This would cause a significant delay in the project schedule as well as project management issues. ADDITIONAL RESOURCES Previous agenda items:April 12,2022:Local Contract Review Board:Universal Plaza Design Contract Amendment April 6,2021:Local Contract Review Board:Exemption to Competitive Bidding and Approval of Findings for Construction of Universal Plaza January 5,2021:Consider Amendment to RCH Studios Contract for Universal Plaza Activation,Design,Construction and Project Management October 13,2020:Town Center Development Agency- Universal Plaza Project Update February 25,2020:Contract Award to RCH Studios for Universal Plaza Activation, Design and Project Management Fiscal Impact Cost: $11,000.00 Budgeted (yes or no):Yes Where budgeted?: TCDA/CIP Additional Fiscal Notes: Attachments No file(s)attached. AIS-5094 4.D. Business Meeting Meeting Date: 11/01/2022 Length(in minutes): Consent Item Agenda Title: ForeverLawn Playground Grass and Installation Authored By: Toni Riccardi Presented By: Parks Infrastructure Manager Rick Gruen Item Type: Motion Requested Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information EXPLANATION OF ISSUE The purpose of this action is to award the purchase and installation of ForeverLawn Playground Grass and Surfacing for the Cook Park Inclusive Play Area. ACTION REQUESTED Staff recommends the Local Contract Review Board award the purchase and installation of the ForeverLawn Playground Grass and Surfacing for the Cook Park Inclusive Play Area under a NPPGov permissive cooperative contract and authorize the City Manager to take the steps necessary to execute the purchase. BACKGROUND INFORMATION The large community playground at Cook Park was installed in 1993. Of the 21 playgrounds on city property,it is the oldest and is ready for replacement as its design is outdated and the finishes are wearing out. Tigard is ready for a new, large playground structure that is designed to maximize inclusion and fun for community members of all abilities. In an effort to meet this need,the city conducted a large community engagement effort to select the vision and design of the new inclusive playground structure. The community and city ended on a design by Landscape Structures,Inc. (Ross Recreation),the Super Netplex,and the Local Contract Review Board (LCRB) awarded the purchase for the structure on July 19,2022. The purchase of the structure itself back in July was the first of three contracts needed to complete the project. The two remaining components are for the ground cover(playground grass,rubber fill,and artificial grass) and the sub-base work (concrete,asphalt, crushed stone,etc.). The purchase award before the LCRB here is for the ground cover component.The city is looking to install playground grass and loose fill rubber under Super Netplex Tower area.With the installation of the playground grass,maintenance levels will be streamlined and reduced,freeing up staffing time to devote to other park maintenance needs. In addition,the new grass will enhance the public experience with the parks system. The installation of the playground grass has been identified by the Park and Recreation Advisory Board (PRAB) as number two on its project priority list. The City explored multiple options for soliciting and securing the playground surfacing and found that Ross Recreation Equipment,Inc.,has a cooperative agreement for their ForeverLawn Playground Grass and through NPPGov,a governmental service cooperative in which the City is a member. As such,the City is eligible to make a permissive cooperative procurement per ORS 279A.215 and PCR 10.087 rather than conduct its own solicitation.This helps ensure that it was let competitively,and costs are lower through bulk buying power and vendor discounts. ALTERNATIVES & RECOMMENDATION The Local Contract Review Board may choose to not award this contract and direct staff to find alternative solutions for the purchase.This will lengthen the schedule and especially in today's environment,add to the cost of the project. ADDITIONAL RESOURCES None Fiscal Impact Cost: $328,145 Budgeted(yes or no):Yes Where budgeted?: Parks Capital Fund Additional Fiscal Notes: This purchase is for an estimated$328,145 and is the second component to the overall project(CIP #92069—Cook Park Inclusive Play Structure). The current overall budget is just over$1.1 million. The first component,the SuperNetplex Tower area,was awarded by the LCRB in July of this year for a total of$597,141. The total of the structure and this playground surfacing award is a combined$925,286 which leaves just over$200,000 remaining in the current project budget. Attachments No file(s)attached. AIS-5030 5• Business Meeting Meeting Date: 11/01/2022 Length(in minutes): 60 Minutes Agenda Title: Legislative Public Hearing:Urban Agriculture Code Adoption Authored By: Hope Pollard Presented By: Associate Planner Hope Pollard and Assistant Community Development Director Tom McGuire Item Type: Motion Requested Ordinance Public Hearing-Legislative Public Hearing Yes Legal Ad Required?: Publication Date: 09/29/2022 Information EXPLANATION OF ISSUE 1.Remove references to the Agriculture/Horticulture use category from the Tigard Development Code;and 2.Introduce new urban livestock regulations to the Tigard Municipal Code. ACTION REQUESTED The Planning Commission recommends approval of the attached Ordinance (Attachment 1) amending the Community Development Code (Title 18) and Nuisance Code (Title 6) of the City of Tigard,for the purpose of adopting urban livestock regulations (DCA2022-00003). BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations Previous Considerations: May 17,2022: Introduction to the Tigard HOME (Housing,Opportunity,Mobility,and Ease) project. July 19,2022:Briefing on Phase 1: Urban Agriculture and initial community feedback. October 11,2022:Project update on urban livestock regulations and community input. Future Considerations: Fall/Winter 2022:Briefing for beginning next phase of the HOME project. Project Background Before 2018,livestock in Tigard were regulated under Chapter 6.02.070 of the Municipal Code,with the requirement that"no poultry or livestock,other than normal household pets,may be kept unless housed or retained within a fenced run at least 100 feet from any nearby residence except a dwelling on the same lot." However,on February 27,2018,the City Council voted unanimously to remove this requirement from the code and allow other sections of the nuisance code to govern public interest and safety surrounding livestock activity,given the public feedback regarding the difficulty of the standard.The staff report and minutes from that meeting indicate that Council had directed staff several years earlier to suspend enforcement of the 100-foot buffer.At the 2018 hearing,staff also announced plans to begin a project that would build new regulations through a full public process. Since that time,livestock activity has been regulated by the nuisance code. On May 17,2022,staff introduced the Tigard HOME (Housing,Opportunity,Mobility,and Ease)project to the Planning Commission and City Council at a joint briefing. Urban agriculture and livestock regulations were included as a part of the project scope. However,due to the mounting public comment received on the subject this year,including concerns regarding vermin and improper storage of materials,the Commission and Council deemed urban agriculture and livestock regulations a priority.Therefore, staff was directed to fast track the urban agriculture and livestock component of the project and work with the community to develop a solution. Public Involvement Since project commencement in June,the community has been very closely involved in helping staff write regulations to govern livestock in Tigard.While at the start of this project there appeared to be a strong demand for more intensive regulations,many community members have since gathered to express a groundswell of support for no change to the current regulations. Community members representing all sides of the issue have continued to write in,make phone calls,and attend events to make their voices heard. With an interested parties list of 167 individuals,email and mail correspondence with about 55 individuals,phone calls, other written comments,and event attendance,the level of public involvement in this project has been significant (Attachments 4-5).The details of this engagement have been shared with the Planning Commission and City Council in previous briefings (Attachment 4). Draft Regulations At a public hearing of the Planning Commission on October 17,20222, staff presented three options to the Planning Commission for consideration,including a pared back version of the draft regulations that focuses exclusively on clear and objective standards—such as requiring all feed to be stored in lidded containers—that would directly mitigate nuisances and hazards,rather than regulating the many nuanced details of livestock keeping.These regulations have been developed in close coordination with the City of Tigard Code Compliance Officer,in efforts to strengthen existing nuisance code regulations.They are summarized below. The Planning Commission recommends approval of Tier 2 (Attachment 1). Tier 1: Minimalist Approach:allow existing nuisance codes to continue to regulate urban livestock. Under existing nuisance code regulations,the following are prohibited: •Accumulations of debris,rubbish,manure,or other refuse that affect the health of surrounding persons. •Any animal,substance or condition on the premises that is in such a state or condition as to cause an offensive odor detectable at a property line,or that is in an insanitary condition. •Animals,including livestock,or buildings for the purpose of maintaining livestock or animals,maintained in such places or in such a manner that they are offensive or annoying to the residents within the immediate vicinity, or maintaining the premises in such a manner as to be a breeding place or likely breeding place for rodents,flies and other pests. Tier 2:Moderate Approach:enhance the existing nuisance code to provide clear and objective standards specific to livestock(Attachment 1)Provide educational resources outside of the code to assist community members in understanding expectations. In addition to existing nuisance code regulations,Tier 2 would also regulate the following: •Structure requirements o Must be located a minimum 5 feet from all property lines. o Flyaway barriers required for beehives within 10 feet of a property line. o Must not cause a lot to exceed maximum lot coverage. o Livestock must be within an enclosed shelter during non-daylight hours. •Required storage of materials: All feed must be stored in securely lidded containers. •Response to complaints:Respond to bee swarming incidents within 36 hours and remediate other valid complaints in a timely manner. •Response to livestock illness:Contact a licensed veterinarian to examine any animal believed to have a disease contagious to animals (e.g.,mange,eczema) or humans (e.g.,ringworm,hepatitis,rabies).If an animal is affirmatively diagnosed,livestock keepers must comply with all veterinary instructions for care and confinement until the animal is declared free of disease. Tier 3: Prescriptive Approach:adopt new regulations that address the complexities of livestock keeping in a detailed regulatory format(Attachment 2). In addition to the regulations described in Tier 1 and Tier 2,Tier 3 would also regulate the following: •Number of livestock allowed o 6 chickens,6 rabbits,and 3 goats are allowed on any lot. o To exceed the maximum number,a community member may apply for a livestock license and attest to being educated in best practices. CI With a license, the maximum number of animals allowed is determined by the property's ability to accommodate the minimum structure size. With a license,livestock keepers on properties over one acre in size may keep large livestock,such as horses and sheep. o Some other livestock animals,including roosters and cows,are prohibited. •Minimum and maximum structure sizes and setbacks Minimum Shelter Size (per animal) Min setback 5 feet Minimum Run Size from PL (per animal) Chickens and domestic fowl 4 sf I 10 sf I Rabbits 4 sf I 10 sf I Goats 20 sf I 100. sf •Educational requirements:To obtain a license,the applicant must attest to being educated in livestock best practices including categories such as,but not limited to,animal health,manure management,and pest control. Table 1: Comparison of Three Options Tier 1 Tier 2 Tier 3 Prohibits noise,odor,debris,manure,likely breeding places for X X X rodents Requires setbacks for livestock structures X I X I X Explicitly prohibits roosters I X I X Explicitly requires animal feed to be stored in lidded containers I X I X Requires livestock to be in an enclosed structure during X X non-daylight hours IRequires timely response to bee swarming and animal illness I X X Provides educational resources I X X Limits livestock to a maximum number I X IRequires a minimum shelter and run size per animal I X Requires a livestock license for certain amounts of livestock I X Prohibits large livestock such as horses,cows,and sheep I X Development Code In addition to the Municipal Code regulations introduced above,the proposal includes the following amendments to the Development Code.These amendments would remain the same regardless of which Tier is adopted for Municipal Code regulations. This project removes all references to the Agriculture/Horticulture use category from the Development Code. Agriculture will be treated as an accessory or industrial use,depending on the nature of the activity,while keeping livestock on a casual smaller or family scale will be regulated by the Municipal Code. 18.00 Introduction 18.60 Use Categories Remove Agriculture/Horticulture from use categories.Treat as an industrial use or under the municipal code, depending on the nature of the activity. 18.100 Base Zones 18.110 Residential Zones Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.120 Commercial Zones Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.130 Industrial Zones Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.140 Parks and Recreation Zone Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.410 Off-Street Parking and Loading 18.410.090 On-Street Parking Credit Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.660 Tigard Triangle Plan District 18.660.060 Land Use Standards Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.760 Home Occupations 18.760.020 Remove all references to the Agriculture/Horticulture use category. Impacts (Community,Budget,Policies and Plans/Strategic Connection) Reaching a solution on how to treat urban livestock regulations will deliver on two of the Council's Community Promises: Community Promise 2: Environment:We will embrace sustainability to improve our natural resources and the livability of our community. Community Promise 3:Engagement:We will involve all voices in our community while building trusting relationships. ALTERNATIVES& RECOMMENDATION The Planning Commission recommends Council adopt the Ordinance as shown in Attachment 1,approving Tier 2 regulations. Alternatively, Council could adopt the Ordinance as shown in Attachment 2,approving Tier 3 regulations. Council could also vote to make no changes to existing regulations,approve Tier 1 regulations,or direct staff to modify the proposed amendments. ADDITIONAL RESOURCES N/A Attachments Presentation Att 1 Tier 2 Ordinance Att 1 Exhibit A:PC Recommendation Att1 Exhibit B:Development Code Amendments Att 1 Exhibit C:Tier 2 Title 6 Amendments Att 2 Tier 3 Alternative Regulations Att 3 Existing Nuisance Code Att 4 Previous Briefings Attachment 5_Public Comment CITY OF TIGARD Respect and Care I Do the Right Thing J Get it Done si■ 4 IIII TIGARD ie" 4' URBAN AGRICULTURE f What'sH w That? .. , gry T , . r, a, , . a Y� w, "� 14 4 Presented by Hope Pollard, Associate Planner I November 1, 2022 CITY OF T I G A R I) HOUSING, OPPORTUNITY, MOBILITY, AND EASE Complete Neighborhoods TIGAR ID Housing, Opportunity, Mobility, & Ease )tr .A• Ilk ... a 1111..1 ... t.. mi ii. 111 illt:lii i•• " El ! • 1 1 I 1 I • .Wr. a,a ©® .4. '^ * ► , -,, r. " o' IP 0 0 .., Ler .r•• ••••• y CITY OF TIGARD JUNE 29th COMMUNITY EVENT imiiiiimwric_._ \ miiimim URBAN AGRICULTURE © 0 O O r xisting Regulations: what's That? ` Portland Eugene Beaverton Salem Greshem ® . +"-y_wnaaoo . yoxotm 4Mrm.K re� Scla,das":4' . -lacao . . Ipaog 4r) w.000. .. Y e.' inaao GF F—- (/rr,�s WSW' v.+h. q L'e' I.aaacc a.. ours.via een+. t�'n:f No I a (1> q- --,74 +°.°°°'."°saKi o..«.. 1►len od n_....,wows- ,Na 1 au:.' r,lr is '.'a—' v... oew tw ws wl * ,® "iel'" wd.r. (r..,„„,,,$) (w reafas) }.0 =..r mv. .�ew.y,pwr Ma Aaley (No n+aers)* nom 4..... o . 0 • 9 ^^W heRE e„d9 �vr, r..i ( W61 ,oM we1 X**, twrly= //,O,DJD SI' t.+.• 5,000aw(s-1 v V u eS pee a�+.rul w ,w„ey een tc,an u, 2 mw A. ....11) '7,05047S-''''45 Myy ar,yr b.c,oasV 1e4,W'w+ O.wo. 7"'' ''+""s .. y bbl$ 4g000 41''2^.y' r.00y'F.45,.‘a,;.. '7.ry .'}a,oaSe w.+fwy( iq Ovb +44000 SV 44 000 si ro44 � �� su >'R ® .. .. or , tee addNuwt wy�'4 rraw ^ ..'Or .. st w rwea w.Kws Try `,h..h mw�{ SIy ro...WS i laws ryiy. ern rhe(lapa s l acyl vy.lo,0ooyt Praar• 1 _ a S l..e' 4,lwas T ar ' oMWwn h.n t Ha,vd tuArt Toro¢S.SW", :• RQ"'r f hes rneeF(q Ivroo s3.,,„may r.. 'L Wan 'nrr I m lar p9 Troy ewy(�..,e., 1 f.�a6lrtas. �'W I50 Ib r+.e.y X /\ /` Z.ma.rmgi mow a5 IIS. 1 ronooK w. no 014-0+. 410 0 lN5 !COMS Mallow, I nO.taN Y , 'r .4,....m...,,,,,,,„,..., .r ..l Iiiii ice_.,._, r r , ,,1111 CITY OF TIGARD SEPTEMBER 20 OPEN HOUSE EVENT y is. rzan URBAN AGRICULTURE REGULATIONS M Tigard O STRUCTURE&RUN Overview MINIMUM STRUCTURE SIZE MINIMUM RUN SIZE .TO sr per he,• 20aIuse goat .ICG sf per coal MAXIMUM STRUCTURE SIZE NO RARE GROUND .57R lira I,000:' Run needs to be co-tared /-'.. .,," 1 am ll based en sore of .+nh waw cr theerags .:'' '' r' \'`l .Ib ft ma,Matte \ p / � ;� .�'�I�a� �-. _ 3 STORAGE <_\. Jl AI feed and compost �•'e a'' T + �/ must be In vector-proof /•i M1 b/ 111111 ll\a addedcontafnen y A r�V"i{' ItS .' ANIMALS& w` LICENSING '•\ l {'MIN MAXIMUM NUMBER OF ANIMALS %. kr 0 (WITHOUT LICENSE) \. ( ", /%'/�/� REQUIREMENTS \J V V V V V V a CHICKENS \• ; 1 / G.eatock Lmense maybe sued to � Setbacks':,-4 \•\ /.: alnw propenles to e.ceed the Riff rfr R II I GOATS ..,* .I i •\ /' •\ /. meaMlum n umber of animals allowed. ♦iiapii 6RAeuTsr`},.,..r. To qualify for a license,the appllcanc most demonwate that they •Can exceed Shy number A Ih a 1 ten; r n A.„r PROPERTY understand best practices such as as long as property can accommodatei.Me ure management mm um structure end run we per ••rx'e 2 Pest control best practices 6nmai(See Scare,2) - ;, .. 3.Animal health • 4 Human health and sanitation 5.Mental stimulation for livestock a CITY ( ) .1 : '1' IG A RD ADDITIONAL . .FEEDBACK .. ,,, , . r . ' s a .I Allt Do you like our chip `�•� .ti.c. Good ` .e Bad...o.a.t.e�,ea <, . We do too! "..----7-4-- 4 ,, �. .1.‘,„‘ Would you help us? �s . .. .... . `I�/"u The Tigard City Councu is considering act.or con Bch could sondicantly+mpact coir ow pwwaa•uo^ ��.�.....•• backyard crockene,like ours. We have no knowledge of any COmplamts against w se•a xecrw«c' 1 our cMdtens,but n! L; . . 1,,,,,,,,... i apparently there are two other chicken owners in Tigard who �4. have had trOubti with rwrghbors Complain:no No yolking Currently the city .r ru «^n_ ::e. . , -h...) ordinance rs that chickens(and other poultry)are ok as long as they are not a to a.♦ l...i A..:. cocoa \� nuisance(which is why we dont have a rooster)We believe this current �\ ordinance is appropriate,and that any issues should be dean with on case try . ..' r;3':* case basis. ,Iect bject Su : :Backyare is ens Hello, n help us by doing one simple thing before September 20th. A your ohone and email Nope Pollard Qtopeplprygat0-otpoy).associate t Thank you for your thoughtful and constructive feedback. 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CITY OF TIGARD THREE OPTIONS Tier 1 Tier 2 Tier 3 Prohibits noise, odor, debris, manure, likely breeding X X X places for rodents Requires setbacks for livestock structures X X X Explicitly prohibits roosters X X Explicitly requires animal feed to be stored in lidded X X containers Requires livestock to be in an enclosed structure during X X non-daylight hours Requires timely response to bee swarming and animal X X illness Provides educational resources X X Limits livestock to a maximum number X Requires a minimum shelter and run size per animal X Requires a livestock license for certain amounts of X livestock Prohibits large livestock such as horses, cows, and sheep X CITY OF TIGARD PLANNING COMMISSION RECOMMENDATION Tier 2 Prohibits noise, odor, debris, manure, likely breeding places for rodents X Requires setbacks for livestock structures X Explicitly prohibits roosters X Explicitly requires animal feed to be stored in lidded containers X Requires livestock to be in an enclosed structure during non-daylight hours X Requires timely response to bee swarming and animal illness X Provides educational resources X CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done i I ii 'PI TIGARD URB N ^ . ; AGRICULTURE what's That? , , _ ..,„ , , _. tf %":' C, • Ali Presented by Hope Pollard, Associate Planner I November 1, 2022 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 22- AN ORDINANCE AMENDING THE COMMUNITY DEVELOPMENT CODE (TITLE 18) AND NUISANCE CODE (TITLE 6) OF THE CITY OF TIGARD, FOR THE PURPOSE OF ADOPTING URBAN LIVESTOCK REGULATIONS (DCA2022-00003). WHEREAS, the City has initiated an application to amend the text of the Community Development Code (Title 18) and Nuisance Code (Title 6.02), for the purpose of adopting urban livestock regulations; and WHEREAS, in 2018, the City adopted Ordinance 18-04 amending Tigard Municipal Code Chapter 6.02 to remove specific requirements on keeping livestock and poultry; and WHEREAS, since 2018 the remainder of Tigard Municipal Code Chapter 6.02 has been used to regulate offensive odors, unsanitary or offensive conditions, and excessive noise potentially cause by livestock or poultry; and WHEREAS, Tigard residents have expressed concern regarding a lack of clarity surrounding what level of livestock activity is allowed; and WHEREAS, the City Council recognizes reasonable urban livestock activity as a valuable part of the Tigard community;and WHEREAS, the City Council also recognizes that there are potential hazards and nuisances associated with urban livestock activity;and WHEREAS, the City Council desires to provide specific, clear, and enforceable regulations that allow reasonable livestock activity while mitigating associated hazards and nuisances; and WHEREAS, the purpose of the amendments is to implement changes to improve the code and honor the input of Tigard's residents; and WHEREAS, notice was provided to the Department of Land Conservation and Development and Metro at least 35 days prior to the first evidentiary public hearing; and WHEREAS, notice to the public was provided in accordance with the Tigard Community Development Code; and WHEREAS, the Tigard Planning Commission held a public hearing on October 17, 2022 and recommended by unanimous vote that Council approve the proposed amendments; and WHEREAS, the Tigard City Council held a public hearing on November 1, 2022 to consider the proposed amendments; and ORDINANCE No.22- Page 1 WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission; and WHEREAS, the Tigard City Council has determined that the proposed amendments are consistent with the applicable review criteria as demonstrated in the City's findings. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council adopts the findings contained in "Exhibit A" to this Ordinance. The findings and conclusions that are attached as Exhibit A are hereby adopted as the basis in support of this Ordinance. SECTION 2: The Tigard Community Development Code (Title 18) is amended as shown in "Exhibit B". SECTION 3: The Tigard Nuisance Code (Title 6) is amended as shown in"Exhibit C". SECTION 4: 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 , 2022. Carol A. Krager, City Recorder APPROVED: By Tigard City Council this day of ,2022. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No.22- Page 2 EXHIBIT A PLANNING COMMISSION 14 RECOMMENDATION TO CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: Urban Livestock Regulations CASE NO: Development Code Amendment (DCA) DCA2022-00003 APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 PROPOSAL: The proposal removes references to the Agriculture/Horticulture use category in the Tigard Development Code and introduces new urban livestock regulations to the Tigard Municipal Code. Proposed new regulations are intended to allow reasonable livestock activity within city limits while mitigating potential associated nuisances and hazards. LOCATIONS: Citywide. ZONES: Citywide. APPLICABLE Oregon Statewide Planning Goals: 1 (Citizen Involvement) and 2 (Land Use PROVISIONS: Planning) Metro Urban Growth Management Functional Plan (Chapter 3.07) Title 8 (Compliance Procedures) Tigard Comprehensive Plan Goals: 1 (Citizen Involvement) and 2 (Land Use Planning) Tigard Community Development Code Chapters: 18.60 Use Categories, 18.110 Residential Zones, 18.120 Commercial Zones, 18.130 Industrial Zones, 18.140 Parks and Recreation Zone, 18.710 Land Use Review Procedures, and 18.790 Text and Map Amendments. Urban Livestock Regulations PAGE 1 OF 11 DCA2022-00003 Planning Commission Recommendation and Findings SECTION II. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends to the Tigard City Council APPROVAL of the proposed Development Code Amendments and Tier 2 Municipal Code amendments (Attachments 1 and 2),with any alterations as determined through the public hearing process, as complying with all applicable Development Code Chapters,Comprehensive Plan policies,Statewide Planning Goals,and Metro policies. SECTION III. BACKGROUND INFORMATION Proposal Description: The proposal removes references to the Agriculture/Horticulture use category in the Tigard Development Code and introduces new regulations to the Tigard Municipal Code.The intent of the proposal is to remove existing ambiguities within the Development Code and Municipal Code, allow for reasonable livestock activity within Tigard, and mitigate potential nuisances and hazards associated with some urban farms. Under existing regulations, the Agriculture/Horticulture use category applies primarily to commercial uses, while smaller-scale and backyard livestock are regulated primarily by the nuisance code, which prohibits general nuisances such as noise,debris, and environments attractive to vermin. The proposal regulates commercial-scale agricultural activity as an industrial use in the Development Code, while introducing new regulations specific to smaller-scale and backyard livestock activity to the Municipal Code. Project Background: Before 2018, livestock in Tigard were regulated under Chapter 6.02.070 of the Municipal Code, with the requirement that"no poultry or livestock,other than normal household pets,may be kept unless housed or retained within a fenced run at least 100 feet from any nearby residence except a dwelling on the same lot". However, on February 27, 2018, the City Council voted unanimously to remove this requirement from the code and allow other sections of the nuisance code to govern public interest and safety surrounding livestock activity,given the public feedback regarding the difficulty of the standard.The staff report and minutes from that meeting indicate that Council had directed staff several years earlier to suspend enforcement of the 100- foot buffer. At the 2018 hearing, staff also announced plans to begin a project that would build new regulations through a full public process.Since that time,livestock activity has been regulated by the nuisance code including,but not limited to, sections from Chapter 6.02.010 prohibiting: • "Accumulations of debris, rubbish, manure, or other refuse that affect the health of surrounding persons."—Chapter 6.02.010.B • "Any animal, substance or condition on the premises that is in such a state or condition as to cause an offensive odor detectable at a property line, or that is in an insanitary condition."—Chapter 6.02.010.E • "Animals, including livestock...maintained...in such a manner that they are offensive or annoying to the residents within the immediate vicinity,or maintaining the premises in such a manner as to be a breeding place or likely breeding place for rodents, flies and other pests."—Chapter 6.02.010.H Of the 1,441 code complaints received since 2017, there have been 6 complaints regarding livestock (approximately .4 percent of complaints received). All six complaints have been resolved through the code compliance process, wherein the Code Compliance Officer works with the violator to bring their property into compliance and resolve the source of the complaint. Urban Livestock Regulations PAGE 2 OF 11 DCA2022-00003 Planning Commission Recommendation and Findings On May 17, 2022, staff introduced the Tigard HOME (Housing, Opportunity, Mobility, and Ease) project to the Planning Commission and City Council at a joint briefing.Urban agriculture and livestock regulations were included as a part of the project scope. However, due to the mounting public comment received on the subject this year, including concerns regarding vermin and improper storage of materials, the Commission and Council deemed urban agriculture and livestock regulations a priority.Therefore,staff was directed to fast track the urban agriculture and livestock component of the project and work with the community to develop a solution. Public Involvement Since project commencement in June, the community has been very closely involved in helping staff write regulations to govern livestock in Tigard. While at the start of this project there appeared to be a strong demand for more intensive regulations, many community members have since gathered to express a groundswell of support for no change to the current regulations.Community members representing all sides of the issue have continued to write in,make phone calls,and attend events to make their voices heard. With an interested parties list of 167 individuals, email and mail correspondence with about 55 individuals, phone calls, other written comments, and event attendance, the level of public involvement in this project has been significant (Attachments 5-6). This engagement has been shared with the Planning Commission and City Council in previous briefings (Attachment 5) but is summarized again here. Fourteen community members attended an open house on June 29, where attendees viewed examples of code from other Cities and shared their thoughts on how regulations in Tigard should be approached. Most of the examples from other Cities limited livestock to two to six animals, based on lot size. Most attendees agreed with this approach,seeking reasonable regulations. Following the first open house, staff worked on developing draft regulations that reflected input from the community while also integrating knowledge gained from research and interviews with experts. The approach allowed a basic number of small livestock by right,while allowing a path forward for experienced livestock owners to exceed this number. Regulations also included standards for minimum and maximum shelter sizes,ground cover requirements, feed storage,and licensing. Staff sent a copy of draft regulations to the community on September 13 and held an open house on September 20,by which point news of the project had spread. Twenty-two people attended the September 20 Open House. Most attendees found the draft regulations too strict and stated that the existing nuisance code adequately addresses most concerns.Alongside comments received at the event, staff also received an influx of emailed comments urging the City not to adopt more stringent regulations and stating that existing regulations adequately address any concerns. Draft Regulations At a public hearing to the Planning Commission on October 17,20222, staff presented three options to the Planning Commission for consideration,including a pared back version of the draft regulations that focuses exclusively on clear and objective standards—such as requiring all feed to be stored in lidded containers— that would directly mitigate nuisances and hazards, rather than regulating the many nuanced details of livestock keeping. Staff presented these options to the Planning Commission as three tiers—a minimalist, moderate, and prescriptive approach. The Planning Commission recommends adoption of Tier 2 (moderate) regulations, as summarized below. Approval of Tier 2 means: • Continuing to enforce existing nuisance code regulations, including prohibiting the following: Urban Livestock Regulations PAGE 3 OF 11 DCA2022-00003 Planning Commission Recommendation and Findings o Accumulations of debris, rubbish, manure, or other refuse that affect the health of surrounding persons. o Any animal, substance or condition on the premises that is in such a state or condition as to cause an offensive odor detectable at a property line, or that is in an insanitary condition. o Animals, including livestock, or buildings for the purpose of maintaining livestock or animals, maintained in such places or in such a manner that they are offensive or annoying to the residents within the immediate vicinity,or maintaining the premises in such a manner as to be a breeding place or likely breeding place for rodents,flies and other pests. • In addition to the above, enhancing the existing nuisance code to provide additional clear and objective standards specific to livestock. o Structure requirements • Must be located a minimum 5 feet from all property lines. • Flyaway barriers required for beehives within 10 feet of a property line. • Must not cause a lot to exceed maximum lot coverage. • Livestock must be within an enclosed shelter during non-daylight hours. o Required storage of materials:All feed must be stored in securely lidded containers. o Response to complaints: Respond to bee swarming incidents within 36 hours and remediate other valid complaints in a timely manner. o Response to livestock illness: Contact a licensed veterinarian to examine any animal believed to have a disease contagious to animals (e.g., mange, eczema) or humans (e.g., ringworm, hepatitis,rabies).If an animal is affirmatively diagnosed,livestock keepers must comply with all veterinary instructions for care and confinement until the animal is declared free of disease. • Providing educational resources outside of the code to assist community members in understanding expectations. Development Code In addition to the Municipal Code regulations introduced above, the proposal includes the following amendments to the Development Code. These amendments would remain the same regardless of which Tier is adopted for Municipal Code regulations. This project removes all references to the Agriculture/Horticulture use category from the Development Code. Agriculture will be treated as an accessory or industrial use, depending on the nature of the activity, while keeping livestock on a casual smaller or family scale will be regulated by the Municipal Code. 18.00 Introduction 18.60 Use Categories Remove Agriculture/Horticulture from use categories. Treat as an industrial use or under the municipal code, depending on the nature of the activity. 18.100 Base Zones 18.110 Residential Zones Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.120 Commercial Zones Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.130 Industrial Zones Urban livestock Regulations PAGE 4 OF 11 DCA2022-00003 Planning Commission Recommendation and Findings Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.140 Parks and Recreation Zone Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.410 Off-Street Parking and Loading 18.410.090 On-Street Parking Credit Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.660 Tigard Triangle Plan District 18.660.060 Land Use Standards Remove all references to the Agriculture/Horticulture use category and remove all references to poultry and livestock. 18.760 Home Occupations 18.760.020 Remove all references to the Agriculture/Horticulture use category. SECTION IV. APPLICABLE PROVISIONS, FINDINGS, AND CONCLUSIONS This section contains all applicable city, regional, and state provisions that apply to the proposed Comprehensive Plan Amendment and Development Code Amendment, and findings detailing how each provision is met. TIGARD COMMUNITY DEVELOPMENT CODE (TCDC) Title 18 of the Tigard Municipal Code Chapter 18.710.110 (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 Development Code Amendment (DCA) is 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 October 17,2022),and one before City Council (scheduled for November 1, 2022). Following a recommendation from Planning Commission, City Council will make a decision on this application. These requirements have been or will be met. 18.790.020.B 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. Urban Livestock Regulations PAGE 5 OF 11 DCA2022-00003 Planning Commission Recommendation and Findings FINDING: The following city,regional,and state provisions apply to the proposed DCA: Tigard Community Development Code Chapters 18.60, 18.710, and 18.790; Tigard Comprehensive Plan Goals 1 and 2; Statewide Planning Goals 1 and 2; Metro's Urban Growth Management Functional Plan Title 8. As detailed in the findings below, the applicable city, regional, and state provisions are met for this proposal. Chapter 18.60 Use Categories 18.60 This chapter classifies land uses and activities into use categories on the basis of common functional,product,or physical characteristics.Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered,and certain site factors.The use categories provide a systematic basis for assignment of present and future uses to zones. The decision to allow or prohibit the use categories in the various base zones is based on the goals and policies of the comprehensive plan FINDING: The DCA proposal removes the Agriculture/Horticulture use category and allows commercial-scale agricultural activity to be considered as an accessory or industrial use,depending on the nature and context. This amendment allows for a more systematic, clear, and objective application of standards to agricultural and livestock activity within Tigard. CONCLUSION: The applicable provisions of the Tigard Community Development Code are met. 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 of Public Hearing for the October 17,2022 Planning Commission Hearing was mailed to individuals on the citywide interested parties list and emailed to individuals on the project-specific interested parties list on September 28, 2022. Notice was also published in the Tigard Times on September 29, 2022. Notice of Public Hearing was also posted on the city's website and on City boards, and the two public hearings scheduled before Planning Commission and City Council provide another opportunity for the public to provide input. Extensive community engagement was also conducted throughout the urban livestock regulations project. The proposal is consistent with this policy. The project's community engagement strategy included: • An interested parties list composed of 167 individuals. Urban Livestock Regulations PAGE 6 OF 11 DCA2022-00003 Planning Commission Recommendation and Findings • Two open house events: o June 29,2022: attended by 14 people o September 20, 2022: attended by 22 people • Presence at the Tigard Street Fair on September 10, 2022, where staff received 13 written comments and provided information for community members to sign up for the September 20 open house. • Emailed correspondence with approximately 54 individuals. • Phone calls, site visits, and other written correspondence. Goal 1.2 Ensure all citizens have access to: A. Opportunities to communicate directly to the City;and B. Information on issues in an understandable form FINDING: City staff maintained steady email communication with an extensive and consistently evolving interested parties list. Email correspondence led to follow-up phone conversations, site visits, and alterations to draft regulations. Community members were also given opportunity to connect in a variety of other formats. Information about the project and how to participate was provided through social media campaigns, citywide newsletters, and community events. Community members were invited to share feedback via email, phone, mail, in- person conversations, in-person written comments, and interactive informational sessions. The proposal is consistent with this policy. 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 1 The City's land use program shall establish clear policy direction, comply with state and regional requirements, and serve its citizens'own interests. FINDING: The DCA proposal provides the City with more clear and objective regulations that serve the interests of community members interested in maintaining healthy urban livestock while mitigating potential associated nuisances. The proposal serves citizens'interests and is consistent with this policy. Policy 2 The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING:The proposed amendments allow the City's regulations to align more closely with community member interests, which allows the City to be more consistent with the Comprehensive Plan policy of serving citizen interests' and allowing a mixture of land use activity appropriate to Tigard. The proposal is Policy 3 consistent with this policy. The City shall coordinate the adoption,amendment,and implementation of its land use program with other potentially affected jurisdictions and agencies. Urban Livestock Regulations PAGE 7 OF 11 DCA2022-00003 Planning Commission Recommendation and Findings FINDING: The City requested comments on the proposed amendments from potentially affected jurisdictions and agencies 35 days in advance of the Planning Commission Hearing. As of the date of this staff report, staff has received no comments in response. The proposal is consistent with this policy. Policy 11 The City shall adopt regulations and standards to protect public safety and welfare from hazardous conditions related to land use activities. FINDING: The City initiated this project in response to community members' concern regarding the potential hazardous conditions associated with some urban agriculture and livestock activity. Proposed regulations incorporate community member feedback, interviews with livestock experts, and research to allow reasonable livestock activity while mitigating potential associated nuisances and hazards. The proposal is consistent with this policy. CONCLUSION: The applicable provisions of the Tigard Comprehensive Plan are met. METRO URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN Title 8 The purpose of Title 8 is to establish a process for ensuring city or county Compliance compliance with requirements of the Urban Growth Management Functional Plan Procedures and for evaluating and informing the region about the effectiveness of those requirements. FINDING: This title has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.710.121 (Legislative Procedure), as detailed earlier in this report. The proposal is consistent with this Title. 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 that are detailed earlier in this report in response to the City's community involvement goal.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 DCA proposal Urban Livestock Regulations PAGE 8 OF 11 DCA2022-00003 Planning Commission Recommendation and Findings updates the Tigard Development Code and Municipal Code for more consistency with the Comprehensive Plan, as detailed earlier in this report. Goal 2 also requires an "adequate factual base" for legislative decisions. The DCA proposal was developed through intensive community engagement regarding existing livestock activity within the city, interviews and site visits with livestock experts, and research into existing ordinances regarding urban livestock. Finally,Goal 2 requires coordination between local governments and state agencies. The City's Goal 2 obligations in this regard were satisfied through notices to affected local, regional, and state governmental entities. The proposal is consistent with this goal. CONCLUSION: The applicable provisions of the Oregon Statewide Planning Goals are met. SECTION V. CITY STAFF AND AGENCY COMMENTS The following agencies, departments, and jurisdictions had an opportunity to review the proposed Development Code Amendment: • City of Tigard Public Works • City of Tigard Finance • City of Tigard Police • City of Beaverton • City of Durham • City of King City • City of Lake Oswego • City of Portland • City of Tualatin • Metro • Oregon Department of Land Conservation and Development (DLCD) • Oregon Department of Transportation (ODOT) • Oregon Department of Environmental Quality • Oregon Department of Fish and Wildlife • Oregon Department of Geology and Mineral Industries • Washington County Department of Land Use and Transportation • Clean Water Services • NW Natural • Portland &Western Railroad • Tigard Water District • Tualatin Hills Parks and Recreation District • Tualatin Valley Fire and Rescue • Tualatin Valley Water District • Tri-Met Transit Development Urban Livestock Regulations PAGE 9 OF 11 DCA2022-00003 Planning Commission Recommendation and Findings • Tualatin Riverkeepers • Tualatin Water and Soil Conservation District • Oregon Department of Agriculture • Portland Community College The City of King City responded by mail with no objections,the City of Beaverton responded via phone with general questions,Tualatin Riverkeepers responded via email with suggestions for including a buffer between livestock and streams (the suggestion has since been incorporated into both Tier 2 and Tier 3 regulations), and Tualatin Water and Soil Conservation responded via email with a statement of general support.As of the writing of this report, no other agency comments have been received. SECTION VI. PUBLIC COMMENTS City staff followed the legislative notice requirements in CDC Section 18.710.110. Notice of the proposed Development Code Amendment was sent to individuals on the citywide interested parties list. Notice was also published in the Tigard Times and on the city's website. Additional public outreach was conducted as part of the project.Further details are provided earlier in this report in the findings for Tigard Comprehensive Plan Goal 1 (Community Involvement). On October 17, 2022, the Tigard Planning Commission held a public hearing on this case. Nine members of the public provided testimony, representing a range of opinions on the proposed regulations. Commentary was generally evenly split between residents who desired more intensive regulations and those who desired no new regulations but recognized Tier 2 as a viable option. Among those who desired more intensive regulations, the primary concerns were rats, odor, and noise. While the Planning Commission recognizes the complexity and seriousness of these issues,Tier 2 regulations appear to be the cleanest option for addressing these types of concerns. Along with existing nuisance code regulations that limit noise and odor, Tier 2 provides additional clear standards that require proper feed storage, animal care and hygiene, and maximum structure sizes, therefore minimizing the likelihood of attracting vermin and limiting other livestock-specific impacts. Some callers also expressed concern regarding a requirement that beehives be located at least five feet from any property line. Because other requirements in the Tier 2 regulations ensure that any hive within 10 feet of a property line must have a flyaway barrier that restricts bees' flight onto adjacent properties, the Planning Commission found the 5-foot setback unnecessary. The Planning Commission voted unanimously to recommend Tier 2 regulations to Council with three amendments. SECTION VII. CONCLUSION The proposed Development Code Amendment meets all applicable provisions of the Tigard Community Development Code,Tigard Comprehensive Plan,Metro Urban Growth Management Functional Plan, and Oregon Statewide Planning Goals.Therefore,staff recommends that the Planning Commission recommend approval of the proposed Development Code Amendment and Tier 2 Municipal Code amendments to the Tigard City Council as provided by the public hearing process. Urban Livestock Regulations PAGE 10 OF 11 DCA2022-00003 Planning Commission Recommendation and Findings October 17,2022 PREPARED BY: Hope Pollard DATE Associate Planner October 17,2022 APPROVED BY: Tom McGuire DATE Assistant Community Development Director --7A^ October 18,2022 APPROVED BY: Yi-Kang Hu DATE Planning Commission President Urban Livestock Regulations PAGE 11 OF 11 DCA2022-00003 Planning Commission Recommendation and Findings EXHIBIT B OMNIBUS AMENDMENTS CHAPTER 18.60 USE CATEGORIES 18.60.060 Commercial Use Categories B. Animal-Related Commercial. 1. Characteristics: Animal-Related Commercial uses are those engaged in breeding or boarding of normal household pets. Limited animal sales may or may not be part of the use. 2. Accessory uses: Accessory uses commonly found include parking, office space, and storage space. 3. Examples: Examples include animal breeders, kennels, and overnight boarding facilities. 4. Exceptions: a. Facilities where the primary activity is animal sales are classified as Sales-Oriented Retail. b. Does not include animal grooming, which is classified as Personal Services or Repair-Oriented Retail. c. Does not include veterinary clinics, which are classified as Office. d. Docs not apply to poultry or livestock, which arc classified as Agriculture/Horticulture. d. Overnight boarding facilities for household pets when these facilities and all their activities, with the exception of parking, are completely enclosed within a building, are classified as Personal Services. 18.60.080 Other Use Categories A. Agriculture/Horticulture. . - • • : b • . . . - . • . . . . es are open areas devoted to the raising,production, or 2. Accessory uses: Accessory uses include dwelling units for proprietors and animal training. 3. Examples: Examples include breeding or raising of fowl or livestock, stables, riding academies, farming. and truck gardening. d. Exceptions: a. Does not include nurseries,which are classified as Outdoor Sales. b. Does not include uses involving common household pets, which are classified as Animal Related Commercial. CHAPTER 18.110 RESIDENTIAL ZONES 18.110.030 Land Use Standards 1 ATTACHMENT 1 Table 18.110.2 Use Table Use Cat ones R- R-2 R-2 R-3.5 R-4.5-- R-7 R-12 R-25 R-40 • } 147- �} A } AP-} P P P • • - . ' , - . . : unit en the same lot. CHAPTER 18.120 COMMERCIAL ZONES 18.120.030 Land Use Standards Table 18.120.1 Commercial Zone Use Standards MU- MUE MUR C-N C-C CB MU MUC MU Use Categories C-G C-P D 111 [1] E -1 C 1 and 1 and [2] 2 2 Other Use Categories Agriculture/Horticult P g PP P P P P P ure CHAPTER 18.130 INDUSTRIAL ZONES 18.130.030 Land Use Standards Other Use Categories I-P I-L I-H 2 ATTACHMENT 1 Agriculture/Horticulture [12] A A A CHAPTER 18.140 PARKS AND RECREATION ZONE 18.140.040 Land Use Standards Use Category Agriculture/Horticulture A/C [2] CHAPTER 18.410 OFF-STREET PARKING AND LOADING 18.410.090 On-Street Parking Credit Vehicle Vehicle Vehicle Bicycle Use Category Minimum [l] Maximum Maximum Minimum (Zone A) [1] (Zone B) [1] 2.5/1,000 sales Agriculture/Horticulture area but no less None None None than 1 CHAPTER 18.660 TIGARD TRIANGLE PLAN DISTRICT Use Category CHAPTER 18.760 HOME OCCUPATIONS B. Exemptions. The following activities and uses are exempt from the provisions of this chapter: 1. Garage sales; 2. For-profit production of produce or other food products grown on the premises that mcct This may include temporary or seasonal sale of produce or other food products; 3 ATTACHMENT 1 EXHIBIT C Chapter 6.02 Article VII KEEPING LIVESTOCK 6.02.610 Definitions A. "Bee" — a honey-producing insect of the species Apis mellifera commonly known as honeybee. B. "Hive"—a moveable structure for housing a collection of bees with a single queen. C. "Livestock facility" — structure(s) and land for keeping livestock, excluding bees, that includes both of the following elements: 1."Shelter"—a roofed structure, such as a coop, hutch, animal carrier, or cage, that protects livestock from the elements and predators. 2."Run or yard" — a fenced area that gives livestock access to the outdoors and prevents their escape. D. "Livestock keeper" — any person who harbors, cares for, or exercises control over livestock. E. "Livestock" —honeybees and animals that are typically kept outside; may produce milk, meat, wool, honey, or eggs; and may be kept humanely in urban backyards. Livestock does not include common household pets or exotic animals. 6.02.620 General Provisions Livestock keepers must comply with all provisions of this Title and any administrative rules for best practices determined applicable by the city. Failure to comply is declared to be a public nuisance in violation of this Title. 6.02.630 Keeping Livestock A. Complaints. Livestock keepers must respond to and remediate valid complaints in a timely manner. Valid complaints include, but are not limited to, the identifiable presence of vermin or noxious odors. B. Prohibited animals. Roosters over three months old are prohibited. C. Bees. 1. Hive care and maintenance. Beekeepers must: a. Respond to bee swarming incidents within 36 hours. b. Keep hives in good repair and provide adequate space to prevent overcrowding and swarming. 1 Tier 2 Urban Livestock Regulations Chapter 6.02 Article VII ATTACHMENT 2 c. Provide bees with a clean and accessible source of water on the lot where the hive is located from March through October. 2. Hive locations. a. Livestock keepers with hives located within 10 feet of a lot line or public access easement must provide a flyaway barrier that meets the following requirements: i. Measures at least 6 feet in height; ii. Consists of a solid wall, fence, dense vegetation, or combination thereof; and iii. Extends 10 feet in length beyond the hive in each direction, as shown in Figure 6.02.1. Figure 6.02.1: Flyaway Barrier Examples liøi , j 'illustration 10'MIN not to scale {� PROPERTY \, UNE \. ! 4Wim, Lillie 411: � 1 A 6'MIN / IMIN tY_r l 1 I I l I I I I I I 1 I- --- r� � 1 10'MIN 10'MIN HIVE D. Other Livestock. 1. Livestock Care and Maintenance a. Livestock keepers must contact a licensed veterinarian to examine any animal believed to have a disease contagious to animals (e.g., mange, eczema) or 2 Tier 2 Urban Livestock Regulations Chapter 6.02 Article VII ATTACHMENT 2 humans (e.g., ringworm, hepatitis, rabies). If an animal is affirmatively diagnosed, livestock keepers must comply with all veterinary instructions for care and confinement until the animal is declared free of disease. b. Animal feed must be stored in a lidded container and managed so as not to become a nuisance. c. No person may dye or color any fowl or rabbit under three months of age. 2. Livestock Facilities. Livestock must be kept within a livestock facility as defined in Section 6.02.010 and shown in Figure 6.02.2, and provided in Table 6.02.2. a. Livestock facilities must be kept in good repair and maintained in a manner that does not endanger the health or well-being of the livestock. b. Multiple species are allowed within a single facility. c. Runs or yards must be fenced with materials designed to safely contain the specific livestock being kept. d. Livestock must be kept within a shelter during non-daylight hours, as provided in Table 6.02.3. e. Shelters must be located a minimum of 5 feet away from all lot lines and public access easements and within a fenced run or yard. f. An individual shelter may be a maximum of 15 feet in height and 528 square feet in size. Multiple shelters may be provided. g. Shelters may or may not be permanently fixed to the ground. h. Shelters that are permanently fixed to the ground may not cause the lot to exceed the maximum lot coverage allowed in the base zone. Figure 6.02.2: Example of an Allowed Livestock Facility 3 Tier 2 Urban Livestock Regulations Chapter 6.02 Article VII ATTACHMENT 2 ' ` P 4-1 eltS Pli I% _,,„ 4 v 0 .,, kr.-p,„,..,,_„., . ,,....... , ... . , 1441*1 W W. /Ai/ - ., • E . 101010r.. . <.N.,*1,------* . illustration 5'MIN •� .. ,. t, 1/107.-. :::.: I ! ././. not to scale 'v' PROPERTY LINE Table 6.02.3: Where Livestock are Allowed Location Time of Day Livestock Facility Fenced Yard (outside of fenced Shelter Fenced Run run) Daylight hours Allowed Allowed Allowed Non-daylight hours Required Prohibited Prohibited 4 Tier 2 Urban Livestock Regulations Chapter 6.02 Article VII ATTACHMENT 2 Chapter 11.06 KEEPING LIVESTOCK 11.06.010 Short title. The provisions of this chapter will be known and may be cited as the "Livestock Ordinance of the City of Tigard." 11.06.020 Purpose. The purpose of this chapter is to allow Tigard residents to keep livestock within city limits in a manner that supports the health and safety of people and animals and reduces animal-related nuisances such as vermin,odors, noise, and property damage by: A. Allowing certain types and numbers of livestock by right; B. Requiring a license and education in livestock best practices to exceed the maximum number of livestock allowed by right; C. Prohibiting certain types of livestock that are more likely to be a nuisance in an urban environment; and D. Providing standards for the size, location, and maintenance of livestock facilities that house animals humanely and reduce animal-related nuisances. 11.06.030 Definitions. A. "Bee"—a honey-producing insect of the species Apis mellifera commonly known as honeybee. B. "Hive"—a moveable structure for housing a collection of bees with a single queen. C. "Livestock facility" — structure(s) and land for keeping livestock, excluding bees, that includes both of the following elements: 1. "Shelter"—a roofed structure, such as a coop, hutch, animal carrier, or cage, that protects livestock from the elements and predators. 2. "Run" — a fenced area that gives livestock access to the outdoors and prevents their escape. D. "Livestock keeper"—any person who harbors, cares for, or exercises control over livestock. E. "Livestock license"—a license granted by the City of Tigard for keeping livestock. F. "Livestock" — honeybees and animals that are typically kept outside; may produce milk, meat, wool,honey, or eggs; and may be kept humanely in urban backyards. Livestock does not include common household pets or exotic animals. 1 Tier 3 Urban Livestock Regulations Chapter 11.06 ATTACHMENT 2 11.06.040 Applicability. A. Provisions of this chapter apply to the keeping of livestock within the city. B. All bee species other than honeybees, such as mason bees, are allowed outright and exempt from the provisions of this chapter. 11.06.050 General Provisions. A. Livestock keepers must comply with all provisions of this chapter, any administrative rules for best practices,and all provisions of Title 6 Nuisance Violations of the Tigard Municipal Code. B. Livestock keepers must respond to and remediate valid complaints in a timely manner. Valid complaints include,but are not limited to,the identifiable presence of vermin or noxious odors. C. All livestock proposed to be kept on jointly-owned common areas or tracts requires a livestock license as provided in Section 11.06.070. The license application must be signed by all property owners. 11.06.060 Keeping Livestock. A. Bees 1. Hive care and maintenance. Beekeepers must: a. Respond to bee swarming incidents within 36 hours. b. Keep hives in good repair and provide adequate space to prevent overcrowding and swarming. c. Provide bees with a clean and accessible source of water on the lot where the hive is located from March through October. 2. Hive locations. a. Livestock keepers with hives located within 10 feet of a lot line or public access easement must provide a flyaway barrier that meets the following requirements: i. Measures at least 6 feet in height; ii. Consists of a solid wall, fence, dense vegetation, or combination thereof; and iii. Extends 10 feet in length beyond the hive in each direction, as shown in Figure 11.06.1. Figure 11.06.1: Flyaway Barrier Examples 2 Tier 3 Urban Livestock Regulations Chapter 11.06 ATTACHMENT 2 1101010'MIN 0 rM� 'Musirat+cn 10'MIN not to scale c\ PROPERTY \, LINE \. t � z f z 5 4 . f,.. 6'MIN (( = ' . MIN 6' HHhiIIIIIIHt 10'MIN 10'MIN HIVE 'dhsstration not to scale B. Other Livestock. 1. Allowed Livestock. The following livestock are allowed subject to the provisions of this chapter: a. Chickens and other domestic fowl. b. Rabbits. c. Female goats and castrated adult male goats. d. Pigs,horses, and sheep are allowed only on lots one acre or larger in size. 2. Prohibited Livestock. The following livestock are prohibited: a. Roosters, geese,turkeys,peacocks, and emus. b. Uncastrated adult male goats. c. Cows. d. Other livestock not expressly named in this chapter. 3. Maximum Number. 3 Tier 3 Urban Livestock Regulations Chapter 11.06 ATTACHMENT 2 a. The following number of livestock are allowed on a lot by right: i. Six chickens and domestic fowl. ii. Six rabbits. iii. Three goats. b. There is no maximum number of chickens, domestic fowl, rabbits, and goats under the age of three months. c. There is no maximum number of chickens, domestic fowl, rabbits, and goats allowed on a lot, provided a livestock license is obtained and the minimum shelter and run size standards in Table 11.06.2 are met. d. There is no maximum number of pigs, horses, or sheep allowed on a lot, provided a livestock license is obtained and the minimum lot size standard in Subparagraph 11.06.060.D.1.d is met. 4. Livestock Care and Maintenance a. Livestock keepers must contact a licensed veterinarian to examine any animal believed to have a disease contagious to animals (e.g.,mange, eczema) or humans (e.g.,ringworm,hepatitis,rabies). If an animal is affirmatively diagnosed,livestock keepers must comply with all veterinary instructions for care and confinement until the animal is declared free of disease. b. Animal feed must be stored in a lidded container and managed so as not to become a nuisance. c. No person may dye or color any fowl or rabbit under three months of age. 5. Livestock Facilities. Livestock must be kept within a livestock facility as defined in Section 11.06.030 and shown in Figure 11.06.2. a. Livestock facilities must be kept in good repair and maintained in a manner that does not endanger the health or well-being of the livestock. b. Livestock facilities must meet the minimum livestock facility size requirements as provided in Table 11.06.1. Table 11.06.1: Minimum Livestock Facility Size 4 Tier 3 Urban Livestock Regulations Chapter 11.06 ATTACHMENT 2 Minimum Shelter Minimum Run Size Type of Livestock Size(per animal) (per animal) Chickens and domestic fowl 4 square feet 10 square feet Rabbits 4 square feet 10 square feet Goats 20 square feet 100 square feet c. Multiple species are allowed within a single facility. d. Livestock may be allowed outside of the livestock facility during daylight hours, provided they are kept within a yard that is fenced with materials designed to safely contain the specific livestock being kept. e. Livestock must be kept within a shelter during non-daylight hours. f. Shelters. i. Shelters must be located a minimum of 5 feet away from all lot lines or public access easements and within a fenced run. ii. An individual shelter may be a maximum of 15 feet in height and 528 square feet in size. Multiple shelters may be provided. iii. Shelters may or may not be permanently fixed to the ground. iv. Shelters that are permanently fixed to the ground may not cause the lot to exceed the maximum lot coverage allowed in the base zone. g. Runs must be fenced with materials designed to safely contain the specific livestock being kept. Figure 11.06.2: Example of an Allowed Livestock Facility 5 Tier 3 Urban Livestock Regulations Chapter 11.06 ATTACHMENT 2 - ` 1\% SN- _ .,,..,.......,. at iii!' ®� \ 1.-... -.NI� �� °i. iii. � � / illustration 5'MIN �` �� 34* '' not to scale '\ \ice ljr/.- ``i• PROPERTY LINE 11.06.070 Livestock License. A. A livestock license is required for keeping: 1. Any number of pigs,horses, or sheep; 2. Any livestock, other than bees, in excess of the maximum number allowed by Section 11.06.060; or 3. Any livestock on a jointly-owned common area or tract. B. Application Requirements. 1. Prior to keeping any livestock, a person must submit an application on a form provided by the city. A complete application must include: i. All required signatures; ii. All applicable fees; iii. Attestation that: 1. All provisions of this chapter are met, except for maximum number of livestock allowed. 2. The applicant is educated in livestock best practices including, but not limited to, animal care and maintenance, manure management, and pest control. 6 Tier 3 Urban Livestock Regulations Chapter 11.06 ATTACHMENT 2 2. A livestock license is not transferable to properties or people not specified on the original application. C. License Expirations and Renewals. 1. A livestock license is valid only for the lot(s) and applicant(s) designated on the application. 2. A livestock license is valid from the date of issuance through December 31st of the same year. A livestock license automatically expires at the end of the year unless renewed. E. License Fee. 1. All fees are set by resolution of the City Council. 2. The livestock license fee or license renewal fee must be paid annually in advance of the livestock license year. For operations starting on or after January 1st of any year, the livestock license fee must be paid prior to commencing livestock operations. 3. If a person engages in livestock keeping at any time on or after July 1st of a livestock license year, the fee for such livestock license will be equal to one-half the livestock license fee set forth in the fee schedule. 4. There will be no livestock license fee refunds for licensees that cease operation or move during the livestock license year. F. Administration and Enforcement. The city is authorized to conduct inspections to administer and enforce this chapter. The Code Compliance Officer(s) is responsible for the enforcement of this chapter. G. Violations and Penalties. 1. Violation of this chapter constitutes a Class 1 civil infraction which will be processed according to the procedures established in Chapter 1.16, Civil Infractions. 2. Each violation of a separate provision of this chapter will constitute a separate infraction. 3. A finding that a person has committed a civil infraction in violation of this chapter will not act to relieve the person from payment of any unpaid livestock license, including delinquent charges, for which the person is liable. The penalties imposed by this section are in addition to, and not in lieu of, other remedies available to the city. 4. Upon a finding by the city that a licensee has violated this chapter, the city may revoke an approved livestock license. When a livestock license has been revoked due, the licensee must wait a minimum period of one year before another application for a livestock license on the subject lot will be considered. 7 Tier 3 Urban Livestock Regulations Chapter 11.06 ATTACHMENT 2 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE Tigard, Oregon Municipal Code Title 6 NUISANCE VIOLATIONS Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE Article I. General Nuisances 6.02.010 Common Nuisances. 6.02.020 Noxious Vegetation. 6.02.030 Trees and Bushes. 6.02.040 Greenway Maintenance. 6.02.050 Attractive Nuisances. 6.02.060 Graffiti. Article II. Property Development and Maintenance Requirements 6.02.100 Violation of Title Prohibited. 6.02.110 Conditions of Approval. 6.02.120 Visual Clearance Requirements. 6.02.130 Fences and Walls. 6.02.140 Accessory Structures. 6.02.150 Insects and Rodents. 6.02.160 Signs. 6.02.170 Storage in Front Yards. Article III. Junk, Garbage and Putrescible Waste 6.02.210 Vehicles Not to Drop Material on Streets. https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 1/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE 6.02.220 Open Storage of Junk. 6.02.230 Scattering Rubbish. 6.02.240 Garbage and Putrescible Waste. 6.02.250 Offensive Wastes Prohibited. 6.02.260 Unauthorized Deposits Prohibited. Article IV. Streets, Sidewalks, and Public Pedestrian Easements 6.02.310 Streets, Sidewalks, and Public Pedestrian Easements. 6.02.320 Maintenance and Repair of Public Sidewalks and Public Pedestrian Easements. 6.02.330 Sidewalks, Public Pedestrian Easements, Curbs and Planter Strips. 6.02.340 Encroachments Within Rights-of-Way and Public Property. Article V. Noise Nuisances 6.02.410 Prohibition on Excessive Noise. 6.02.420 Sound Measurement. 6.02.430 Noise Limits. 6.02.440 Prohibited Noises. 6.02.450 Exceptions to Noise Limits. 6.02.460 Maximum Noise Limit for Certain Activities. 6.02.470 Evidence of Noise Violation. Article VI. Water Service and Meters 6.02.510 Service Connection and Maintenance. Article I. General Nuisances 6.02.010 Common Nuisances. https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 2/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE No person shall cause or permit a nuisance affecting the public health. The following are nuisances affecting the public health: A. An open vault or privy constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with the State Health Division regulations. B. Accumulations of debris, rubbish, manure or other refuse that affect the health of surrounding persons. C. Stagnant water that affords a breeding place for mosquitoes and other insect pests. D. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will cause harmful material to pollute the water. E. Any animal, substance or condition on the premises that is in such a state or condition as to cause an offensive odor detectable at a property line, or that is in an insanitary condition. F. Drainage of liquid wastes from private premises. G. Cesspools or septic tanks that are in an unsanitary condition or which cause an offensive odor. H. Animals, including livestock, or buildings for the purpose of maintaining livestock or animals, maintained in such places or in such a manner that they are offensive or annoying to the residents within the immediate vicinity, or maintaining the premises in such a manner as to be a breeding place or likely breeding place for rodents, flies and other pests. I. An animal carcass permitted to remain on public property or to be exposed on public property for a period of time longer than is necessary to remove or dispose of the carcass. J. Maintenance on private property of a dangerous building. (Ord. 12-02 §1) 6.02.020 Noxious Vegetation. A. No responsible party shall allow noxious vegetation as defined in Sections 6.01.020.L.1 through 6.01.020.L.7 to be on the property or in the right-of-way abutting the property. B. The responsible party for a violation of subsection A of this section shall cut down or destroy grass, shrubbery, brush, bushes, weeds or other noxious vegetation as often as needed to prevent them from becoming unsightly or, in the case of weeds or other noxious vegetation, from maturing or from going to seed. C. No responsible party shall plant or allow to be planted on their property noxious vegetation as defined in Section 6.01.020.L.8. D. The responsible party for a violation of subsection C of this section shall remove or otherwise destroy the subject invasive and noxious plants. (Ord. 12-02 §1) https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 3/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE 6.02.030 Trees and Bushes. A. No responsible party shall permit branches or roots of trees or bushes on the property to extend into a right-of-way in a manner which interferes with its use. B. A responsible party shall keep the branches of all trees or bushes on the premises that adjoin the right-of-way, including an adjoining parking strip, trimmed to a height of not less than eight feet above a sidewalk and not less than 13 feet above a street. C. No responsible party shall allow to stand any hazard tree as defined in Chapter 8.02. (Ord. 12-11 §1; Ord. 12-02 §1) 6.02.040 Greenway Maintenance. A. A responsible party shall maintain the property, subject to an easement to the city or to the public for greenway purposes. B. Except as otherwise provided by this section and Sections 6.02.020 through 6.02.050, 6.02.210 through 6.02.230, and 6.02.310, the standards for maintenance shall be as follows: 1. Land shall remain in its natural topographic condition. No private structures, culverts, excavations or fills shall be constructed within the easement area unless authorized by the city engineer based on a finding of need in order to protect the property or the public health, safety or welfare. 2. Grass shall be kept cut to a height not exceeding 10 inches, except when some natural condition prevents cutting. C. In situations where the approval authority establishes different standards or additional standards, the standards shall be in writing and shall be recorded. D. No person shall be found in violation of this section of the code unless the person has been given actual or constructive notice of the standards prior to the time the violation occurred. (Ord. 12-11 §1; Ord. 12-02 §1) 6.02.050 Attractive Nuisances. A. No responsible party shall permit on the property: 1. Unguarded machinery, equipment or other devices that are attractive, dangerous and accessible to children; 2. Lumber, logs, building material or piling placed or stored in a manner so as to be attractive, dangerous and accessible to children; https://library.qcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 4/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE 3. An open pit, quarry, cistern or other excavation without safeguards or barriers to prevent such places from being used by children; or 4. An exposed foundation or portion of foundation, any residue, debris or other building or structural remains, for more than 30 days after the destruction, demolition or removal of any building or portion of the building. B. This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to children. (Ord. 12-02 §1) 6.02.060 Graffiti. A. Placing graffiti that is visible from premises open to the public, such as public rights-of-way or other publicly owned property, upon any real or personal property, such as buildings, fences and structures, is a violation of this title and is subject to its remedies. B. Any property location in the City of Tigard that becomes a graffiti nuisance property is in violation of this title and is subject to its remedies. C. Every responsible party who permits a property to become a graffiti nuisance property is in violation of this title and subject to its remedies. (Ord. 12-02 §1) Article II. Property Development and Maintenance Requirements 6.02.100 Violation of Title Prohibited. Erecting, constructing, altering, maintaining or using any building or structure or using, dividing or transferring land in violation of the Community Development Code (Title 18) are declared to be a public nuisance in violation of this title. (Ord. 12-02 §1) 6.02.110 Conditions of Approval. Failure to maintain a property in compliance with a condition of approval issued pursuant to the Community Development Code (Title 18) is declared to be a public nuisance in violation of this title. (Ord. 12-02 §1) 6.02.120 Visual Clearance Requirements. All property within the city must be maintained in compliance with the visual clearance requirements of TCDC 18.930.030. (Ord. 20-03 §5; Ord. 12-02 §1) 6.02.130 Fences and Walls. Erection of a fence or wall, except as in compliance with TCDC 18.210.020, 18.310.020, and 18.350.040.1, is declared to be a public nuisance in violation of this title. (Ord. 20-03 §6; Ord. 12-02 §1) https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 5/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE 6.02.140 Accessory Structures. Constructing, placing or maintaining an accessory structure in violation of the provisions of TCDC 18.290.050 is declared to be a public nuisance in violation of this title. (Ord. 20-03 §7; Ord. 12-02 §1) 6.02.150 Insects and Rodents. Storage of any materials including wastes or maintaining any grounds in a manner that may attract or aid the propagation of insects or rodents or create a health hazard is declared to be a public nuisance in violation of this title. (Ord. 12-02 §1) 6.02.160 Signs. Constructing, placing, or maintaining a sign in violation of Tigard Community Development Code Chapter 18.435 is declared to be a public nuisance in violation of this title. (Ord. 18-20 §3; Ord. 12-02 §1) 6.02.170 Storage in Front Yards. Storage of boats, trailers, campers, camper bodies, house trailers, recreation vehicles or commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a residential zone subject to the following: A. No such unit shall be parked in a visual clearance area of a corner lot or in the visual clearance area of a driveway which would obstruct vision from an adjacent driveway or street. B. No such unit shall be used for dwelling purposes except that one camper, house trailer or recreational vehicle may be used for sleeping purposes by friends, relatives or visitors on land entirely owned by or leased to the host person for a period not to exceed 14 days in one calendar year; provided that such unit shall not be connected to any utility, other than temporary electricity hookups, and provided that the host person shall receive no compensation for such occupancy or use. C. Any such unit parked in the front yard shall have current state license plates or registration and must be kept in mobile condition. (Ord. 17-23 §1; Ord. 12-02 §1) Article III. Junk, Garbage and Putrescible Waste 6.02.210 Vehicles Not to Drop Material on Streets. The owner or operator of any vehicle engaged in transportation of excavation or construction materials shall be responsible for keeping the public streets and sidewalks free from such materials, including, but not limited to, earth, rock and other debris that may obstruct or render the street or sidewalk unsafe for its intended use. (Ord. 12-02 §1) https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 6/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE 6.02.220 Open Storage of Junk. No person or responsible party shall deposit, store, maintain or keep on any real property, except in a fully enclosed storage facility, building or garbage receptacle, any of the following: A. An icebox or refrigerator, or similar container, which seals essentially airtight; B. Inoperable or partially dismantled automobiles, trucks, buses, trailers or other vehicle equipment or parts thereof in a state of disrepair; C. Used or dismantled household appliances, furniture, other discards or junk, for more than five days. (Ord. 18-12 §1; Ord. 12-02 §1) 6.02.230 Scattering Rubbish. No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse, or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to injure a person or animal or damage a vehicle traveling upon a right-of-way. (Ord. 12-02 §1) 6.02.240 Garbage and Putrescible Waste. A. All solid waste receptacles, including, but not limited to, cans, containers and drop boxes, shall be maintained in a safe and sanitary condition by the customer. B. All putrescible solid wastes shall be removed from any premises at least once every seven days, regardless of whether or not confined in any container, compactor, drop box or other receptacle. (Ord. 12-02 §1) 6.02.250 Offensive Wastes Prohibited. No person shall have waste on property that is offensive or hazardous to the health or safety of others or which creates offensive odors or a condition of unsightliness. (Ord. 12-02 §1) 6.02.260 Unauthorized Deposits Prohibited. No person shall, without authorization and compliance with the disposal site requirements of Chapter 11.04, deposit waste on public property or the private property of another. Streets and other public places are not authorized as places to deposit waste except as specific provisions for containers have been made. (Ord. 12-02 §1) Article IV. Streets, Sidewalks, and Public Pedestrian Easements https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 7/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE 6.02.310 Streets, Sidewalks, and Public Pedestrian Easements. A responsible party shall keep a public street or sidewalk abutting their property, or a public pedestrian easement over their property, free from earth, rock and other debris and other objects that may obstruct or render the street, sidewalk, or pathway unsafe for its intended use. (Ord. 21-03 §2; Ord. 12-02 §1) 6.02.320 Maintenance and Repair of Public Sidewalks and Public Pedestrian Easements. It is the duty of all persons owning property which has public sidewalks abutting the property, or public pedestrian easements over the property, to maintain and keep in repair the sidewalks or pathways and not permit them to become or remain in a dangerous or unsafe condition. "Maintenance" includes, but is not limited to, the removal of snow and ice. Any owner of property who neglects to promptly comply with the provisions of this section is fully liable to any person injured by such negligence. The city is exempt from all liability, including, but not limited to, common-law liability, that it might otherwise incur to an injured party as a result of the city's negligent failure to maintain and repair public sidewalks or pedestrian easements. (Ord. 21-03 §3; Ord. 12-02 §1) 6.02.330 Sidewalks, Public Pedestrian Easements, Curbs and Planter Strips. Maintenance of sidewalks, curbs and planter strips is the continuing obligation of the adjacent property owner. Maintenance of a public pedestrian easement is the continuing responsibility of the underlying property owner. (Ord. 21-03 §4; Ord. 12-02 §1) 6.02.340 Encroachments Within Rights-of-Way and Public Property. Except as provided in Chapter 15.16, it is unlawful for any person to erect, or cause to be erected, any encroachment in, over, or upon any right-of-way, or public property without having first obtained a permit from the city engineer authorizing such action. (Ord. 18-20 §§1, 2; Ord. 12-02 §1) Article V. Noise Nuisances 6.02.410 Prohibition on Excessive Noise. A. No person shall make, assist in making, permit, continue or permit the continuance of any noise within the City of Tigard in violation of this article. B. No person shall cause or permit any noise to emanate from property under that person's control in violation of this article. (Ord. 12-02 §1) https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 8/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE 6.02.420 Sound Measurement. A. While sound measurements are not required for enforcement of this article, should measurements be made, they shall be made with a sound level meter. A sound level meter shall: 1. Be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter; 2. Contain at least an A-weighted scale, and both fast and slow meter response capability. B. If measurements are made, the person making those measurements shall have completed training in the use of a sound level meter, and shall use measurement procedures consistent with that training. (Ord. 12-02 §1) 6.02.430 Noise Limits. It is unlawful for any person to produce, or permit to be produced, sounds which: A. When measured at the boundary of or within a property on which a noise-sensitive unit, not the source of the sound, is located, exceeds: 1. 40 dB at any time between 10 p.m. and 7 a.m. the following day, or 2. 50 dB at any time between 7 a.m. and 10 p.m. the same day; or B. Is plainly audible at any time between 10 p.m. and 7 a.m. the following day within a noise-sensitive unit which is not the source of sound; or C. Is unnecessarily loud within a noise-sensitive unit which is not the source of the sound; D. When measured at or within the boundary of or within a property on which no noise-sensitive unit is located, and the noise originates from outside the property, the noise level exceeds: 1. 60 dB at any time between 10 p.m. and 7 a.m. of the following day, or 2. 75 dB at any other time; E. If within a park, street or other public place, is unnecessarily loud at a distance of 100 feet. (Ord. 12-02 §1) 6.02.440 Prohibited Noises. A. Use of exhaust brakes (jake brakes), except in an emergency or except when used by a person operating an emergency services vehicle equipped with a muffled compression braking system, is prohibited at all times within the city, regardless of noise level. https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 9/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE B. Except as provided in Section 6.02.450, the following acts are violations of this article if they exceed the noise limits specified in Section 6.02.430: 1. Sounding of any horn or signal device or any other device on any automobile, motorcycle, truck, bus or other vehicle while in motion, except as a danger signal; 2. Operation of sound-producing devices such as, but not limited to, musical instruments, loudspeakers, amplifying devices, public address systems, radios, tape recorders and/or tape players, compact disc players, phonographs, television sets and stereo systems, including those installed in or on vehicles; 3. Operation of any gong or siren upon any vehicle, other than police, fire or other emergency vehicle, except during sanctioned parades; 4. Use of any automobile, motorcycle or other vehicle so out of repair or in such a manner as to create loud or unnecessary sounds, grating, grinding, rattling or other noise; 5. Keeping of any animal or bird that creates noise in excess of the levels specified in Section 6.02.430; 6. Operation of air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles) and swimming pool or hot tub pumps; 7. Erection (including excavation), demolition, alteration or repair of any building, except as allowed under Sections 6.02.450.E and 6.02.450.F; 8. Use or creation of amplified sound in any outdoor facility; 9. Any other action that creates or allows sound in excess of the level allowed by Section 6.02.430. (Ord. 12-02 §1) 6.02.450 Exceptions to Noise Limits. The following shall not be considered violations of this article, even if the sound limit specified in Section 6.02.430 is exceeded: A. Non-amplified sounds created by organized athletic or other group activities, when such activities are conducted on property generally used for such purposes, such as stadiums, parks, schools and athletic fields, during normal hours for such events; B. Sounds caused by emergency work, or by the ordinary and accepted use of emergency equipment, vehicles and apparatus, regardless of whether such work is performed by a public or private agency, or upon public or private property; C. Sounds caused by bona fide use of emergency warning devices and alarm systems; D. Sounds regulated by federal law, including, but not limited to, sounds caused by railroads or aircraft; https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 10/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE E. Sounds caused by demolition activities when performed under a permit issued by appropriate governmental authorities and only between the hours of 7 a.m. and 8 p.m. seven days a week; F. Sounds caused by industrial, agricultural or construction activities during the hours of 7 a.m. to 8 p.m. seven days a week; G. Sounds caused by regular vehicular traffic upon premises open to the public in compliance with state law. Regular vehicle traffic does not include a single vehicle that creates noise in excess of the standard set forth in Section 6.02.430; H. Sounds caused by air-, electrical- or gas-driven domestic tools, including, but not limited to, lawn mowers, leaf blowers, lawn edgers, radial arm, circular and table saws, drills and/or other similar lawn or construction tools, but not including tools used for vehicle repair, during the hours of 7 a.m. to 8 p.m. seven days a week; I. Sounds caused by chainsaws, when used for pruning, trimming or cutting of live trees between the hours of 7 a.m. and 8 p.m., and not exceeding two hours in any 24-hour period, seven days a week; J. Sounds created by community events, such as parades, public fireworks displays, street fairs and festivals that the city manager or designee has determined in writing to be community events for the purposes of this section. The city manager's decision shall be based on the anticipated number of participants or spectators, the location of the event and other factors the city manager determines to be appropriate under the circumstances; K. Sounds made by legal fireworks on the third of July, Fourth of July, and the Friday and Saturday during the weekend closest to the Fourth of July of each year, between the hours of 7 a.m. and 11 p.m.; L. Sounds made between midnight and 12:30 a.m. on January 1st of each year; M. Sounds originating from construction projects for public facilities within rights-of-way pursuant to a noise mitigation plan approved by the city manager. The city manager may approve a noise mitigation plan only if the city manager determines that the noise mitigation plan will prevent unreasonable noise impacts. The noise mitigation plan must: 1. Map the project noise impacts and explain how the impacts will be mitigated, 2. Provide special consideration and mitigation efforts for noise sensitive units, 3. Outline public notification plans, 4. Provide a 24-hour telephone contact number for information and complaints about a project. The city manager may approve a noise mitigation plan only if the city manager determines that the noise mitigation plan will prevent unreasonable noise impacts. (Ord. 12-02 §1) 6.02.460 Maximum Noise Limit for Certain Activities. https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 11/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE Notwithstanding Section 6.02.450, creation of noise by any activity subject to the exceptions listed in subsection E, F, H, or I of Section 6.02.450, in excess of 85 dB measured on property on which a noise sensitive use is located, for more than five minutes in any calendar day, shall be a violation. (Ord. 12-02 §1) 6.02.470 Evidence of Noise Violation. A. In any civil infraction action based on a violation of limits set forth in subsection B, C or E of Section 6.02.430, the evidence of at least two persons from different households shall be required to establish a violation. Any police or code enforcement officer or other city employee who witnessed the violation shall be counted as a witness for purposes of the two witness requirement. B. The city may ask an alleged violator to enter into a voluntary compliance agreement consistent with Section 1 16 115 based on a single complaint or single witness. (Ord. 12-02 §1) Article VI. Water Service and Meters 6.02.510 Service Connection and Maintenance. A. The city will maintain all standard service connections in good repair without expense to the customers. B. Each customer is required to use reasonable care and diligence to protect the water meter and meter box from loss or damage by freezing, hot water, traffic hazards and other causes, in default of which, such customer shall pay to the city the full amount of any resulting damage. C. Each customer is required to maintain a vegetation and other obstruction-free zone of a minimum of two feet around the box. Clear access to the meter shall be from the street side in a direct path to the water meter. D. Failure to maintain the area will result in city personnel clearing the area to meet the city's meter reading and maintenance needs. Any costs incurred by the city in clearing the area will be charged to the customer. E. The city shall have no liability for trimming or maintaining vegetation in order to read meters. (Ord. 12-02 §1) Contact: City Recorder: 503-718-2419 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 12/13 10/10/22,8:15 AM Chapter 6.02 NUISANCES AFFECTING PUBLIC HEALTH,SAFETY AND PEACE https://library.gcode.us/Iib/tigard_or/pub/municipal_code/item/title_6-chapter_6_02?view=all 13/13 AIS-5054 5. Business Meeting Meeting Date: 10/11/2022 Length (in minutes): 45 Minutes Agenda Title: Urban Livestock Briefing Authored By: Hope Pollard Presented By: Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Receive project update on urban livestock regulations (Phase I of Tigard HOME: Housing, Opportunity, Mobility, and Ease). ACTION REQUESTED No formal action requested. Discussion only. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations Previous Considerations: •May 17,2022: Introduction to the Tigard HOME (Housing, Opportunity,Mobility,and Ease) project. •July 19, 2022: Briefing on Phase 1: Urban Agriculture and initial community feedback. Future Considerations: •October 2022:Adoption of urban agriculture regulations. •Fall/Winter 2022: Briefing for beginning next phase of the HOME project Public Involvement There has been significant public involvement in this project, as reflected by the following. Note: public comments and analysis are included as attachments to this report. •An interested parties list composed of 167 individuals. •Two open house events held at the library: •June 29,2022: attended by 14 people •September 20, 2022: attended by 22 people •Presence at the Tigard Street Fair on September 10,2022,where staff received 13 written comments and provided information for community members to sign up for the September 20 open house. •Emailed correspondence with approximately 55 individuals. •Phone calls, site visits, and other written correspondence. Impacts Discussion around how to approach urban livestock regulations will deliver on two of the Council's Community Promises: •Community Promise 2: Environment:We will embrace sustainability to improve our natural resources and the livability of our community. •Community Promise 3: Engagement:We will involve all voices in our community while building trusting relationships. Current Status Tigard HOME was first introduced to the Planning Commission and City Council at a joint briefing on May 17,2022. At that briefing, staff was directed to fast track the urban agriculture component of the project,given the significant public comment received on the subject. With an interested parties list of 167 individuals,email and mail correspondence with about 55 individuals, phone calls, other written comments,and event attendance,the level of public involvement in this project has been significant (Attachment 1).While at the start of this project there appeared to be a strong demand for more intensive regulations,many community members have since gathered to express a groundswell of support for no change to the current regulations with enforcement through the nuisance code. At this briefing,we will: •Introduce key categories of draft regulations; •Review takeaways from community outreach efforts;and •Discuss adoption timeline. Draft Regulations Following direction from the Planning Commission and City Council in May, staff worked with livestock experts and community members to draft urban livestock regulations. The regulations as currently drafted allow a basic number of animals outright,wile providing a path to exceed this maximum number for experienced livestock managers. The draft regulations also include specific shelter and storage requirements aimed at reducing infestation and predation. To facilitate public input, staff shared a draft copy of these regulations with the community at the Open House event on September 20 and received significant feedback. The draft regulations include the following provisions: •Number of livestock allowed • 6 chickens, 6 rabbits, and 3 goats are allowed on any lot. •To exceed the maximum number, a community member may apply for a livestock license and attest to being educated in best practices. With a license, the maximum number of animals allowed is determined by the property's ability to accommodate the minimum structure size. Bees are allowed only with a livestock license. •Other livestock animals,including roosters and large livestock, are prohibited. •Minimum and maximum structure sizes and setbacks Minimum Shelter Size (per animal) Min setback 5 feet Minimum Run Size from PL (per animal) Chickens and domestic fowl 4 sf I 10 sf Rabbits 4 sf 10 sf Goats 20 sf I 100 sf I I •Required storage of materials:All beekeeping and livestock-related materials, such as feed, must be stored in securely lidded containers. •Educational requirements: To obtain a license, the applicant must attest to being educated in livestock best practices including categories such as,but not limited to, animal health, manure management, and pest control. Given the volume of feedback, staff is currently working to refine the regulations,which will be redrafted and shared with the Commission and Council for adoption hearings on October 17 and November 1.The purpose of tonight's briefing is to inform the Council of community input received on this project to date. Public comments,including a detailed breakdown of responses to the draft regulations, are included as attachments to this memo. ALTERNATIVES & RECOMMENDATION No alternatives to consider at this time. ADDITIONAL RESOURCES Attachments Presentation Attachment 1 Community Outreach Summary Attachment 2 Previous Briefing Staff Report Attachment 3.0 Emailed and Mailed Comments Attachment 4 Sept 20 Event Boards Attachment 5 Sept 20 In Person Written Comment Attachment 6 Sept 10 Street Fair Comments URBAN AGRICULTURE What's That? • (t) CI(3) Urban Agriculture and Livestock: Community Input Summary There has been significant public participation in the process of writing urban agriculture and livestock regulations, as indicated by the following: • An interested parties list composed of 167 individuals. • Two open house events: o June 29, 2022: attended by 14 people o September 20, 2022: attended by 22 people • Presence at the Tigard Street Fair on September 10, 2022,where staff received 13 written comments and provided information for community members to sign up for the September 20 open house. • Emailed correspondence with approximately 54 individuals. • Phone calls, site visits, and other written correspondence. Fourteen community members attended the June 29 Open House.The event was described in detail in the last briefing to the Planning Commission and City Council (Attachment 2 to the staff report), but the feedback is summarized again here. Community members tended to prefer regulations that: • Presumed small to medium lot sizes (10-20,000 square feet) • Allowed about 2-6 chickens per lot,depending on lot size • Allowed about 2-3 goats per lot, depending on lot size • Allowed bees • Prohibited roosters and larger livestock Feedback from the June 29 event can be broken into categories of those who desired no new regulations, significant new regulations, or reasonable regulations based on their responses to the number of chickens they believed should be allowed, as shown below. Level of Regulations Desired Based on responses to number of chickens that should be allowed 1 •sponse • No changes to regulations No livestock • Reasonable regulations(3-6 chickens or depends on lot size) URBAN AGRICULTURE What's That? C Twenty-two community members attended the September 20 Open House,which was the first time they interacted with a draft version of proposed regulations. Attendees shared their thoughts by placing post-its on informational boards. Of the 73 comments received: • 39 comments expressed concern that a proposed regulation was too strict or that regulations were not necessary, as current nuisance code properly addresses the issue • 22 comments expressed concern that a proposed regulation was not strict enough • 11 comments supported a proposed regulation as written • 1 comment was miscellaneous Nature of Comments at September 20 Open House Based on all responses to individual draft regulations 1% 15% I 54% 30% ■Too strict or not needed Not strict enough •Just right • Not sure Finally, of the approximately 55 individuals who sent an email or mailed a letter on livestock regulations in 2022: • 34 advocated for no new regulations, as existing nuisance code properly addresses the issues • 8 advocated for significant new regulations • 7 advocated for reasonable and clear regulations • 6 shared miscellaneous feedback, resources, and experiences Nature of Email and Mail Correspondence Received in 2022 What did the correspondence advocate for? 14% No more regulations More regulations • Reasonable regulations • Miscellaneous AIS-4984 0. Workshop Meeting Meeting Date: 07/19/2022 Length (in minutes):45 Minutes Agenda Title: Tigard HOME Phase 1: Urban Agriculture Briefing Authored By: Hope Pollard Presented By: Item Type: Update, Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Receive briefing on Phase 1 of the Tigard HOME (Housing, Opportunity,Mobility, and Ease) project: Urban Agriculture. ACTION REQUESTED No formal action requested.Discussion and feedback only. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations Previous Considerations: May 17,2022: Introduction to the Tigard HOME (Housing, Opportunity,Mobility, and Ease) project. Future Considerations: October 2022:Adoption of urban agriculture regulations (following additional community input) Fall/Winter 2022: Briefing for beginning next phase of the HOME project Public Involvement City staff held an interactive community event on June 29 at 5:30 pm at the library.The event was shared with the community through: •An email sent to an interested party list of X people, composed of contacts gathered from code compliance cases, correspondence with staff,public comment to City Council, and other parties identified by Council members. •Social media advertising that reached X people. •The Cityscape emailed newsletter, sent to X people. •The City website,visited by X people. •An engagement website,visited by X people. Twenty-two people registered for the event and fourteen people attended. Attendees shared their thoughts by interacting with stations with the following themes: •Station 1: Compare existing regulations from throughout the region. •Station 2:Write how many of each type of animal should be allowed. •Station 4:Write what kind of urban agriculture is appropriate in Tigard. •Station 4: Share concerns about urban agriculture and regulations. Business cards were available at every station and attendees were encouraged to follow up with City staff if they desired a more in-depth conversation. A drop-box was also provided so that attendees could share more detailed information or request a follow-up meeting with staff. The attendees commented that they enjoyed the interactive format and appreciated the chance to share their opinions and learn more. They tended to prefer ordinances that limited the number of animals based on lot size. While these numbers tended to be in the low range (around 3-6 of each animal maximum), most commenters welcomed discussion and provided constructive feedback for how to allow a reasonable number of livestock on a residential property. One attendee made plans to visit the Sprague residence to learn more about the reality of urban livestock. Many respondents also advocated for requiring a permit, education,or other community-building opportunities to aid urban farmers in keeping their property in good repair and the animals safe. Concerns mainly revolved around noise,pests, enforcement procedures, and protecting chickens from predators. In addition to this formal event, staff also corresponded with interested parties via email. Staff received X emails from community members,including an invitation to visit a local home-based farm. Planning and code compliance staff visited the Sprague residence on June 22, 2022. After previous close coordination with code compliance staff,the property appeared in compliance with current nuisance code and free from noise,objectionable odors, and mess.All animals were within enclosures and all associated compost, feed, and other supplies were sealed in containers and stored within shelters.Attachment X includes photos taken of the property. Impacts Urban agriculture regulations will allow for reasonable urban agricultural activity and maintenance of backyard livestock while limiting potential associated nuisances and hazards with easy-to-read standards. Establishing these standards should reduce uncertainty among community members regarding what is allowed on a property. It will allow experienced and/or trained urban farmers to maintain their operations while prohibiting situations where inexperience or lack of guidance lead to hazardous or bothersome conditions for neighbors. Codifying urban agriculture regulations will also deliver on two of the Council's Community Promises: •Community Promise 2: Environment:We will embrace sustainability to improve our natural resources and the livability of our community. •Community Promise 3: Engagement:We will involve all voices in our community while building trusting relationships. Background and Introduction Tigard HOME (Housing, Opportunity,Mobility, and Ease) is a new long-range planning project that aims to create complete neighborhoods. It responds to three critical and urgent needs as identified by significant community feedback and Strategic Plan Objectives: 1. Reduce the need for vehicle trips: a comprehensive approach to climate response. 2.Allow some nonresidential activity in residential neighborhoods while mitigating nuisances: urban agriculture and home occupations 3. Fill in the gaps for housing regulations. This project was first introduced to the Planning Commission and City Council at a joint briefing on May 17, 2022. At that briefing, staff was directed to fast track the urban agriculture component of the project,given the significant public comment received on the subject. Feedback contained in these comments falls into two apparently opposing categories: 1. Calls for protection against mess,pests,and endangered public health associated with some urban farms. 2. Calls for protection and expansion of the sense of community,education, and economic opportunity urban farms provide. While these comments appear on the surface to demonstrate conflicting desires for local neighborhoods,a common goal can be deduced: clean, safe neighborhoods built on a sense of community and opportunity. Staff seeks a solution that can unite these positions to foster a thriving and healthy community for all— mitigating potential nuisances associated with nonresidential activity in neighborhoods while also maximizing freedom for community members to use their homes in ways that uplift the neighborhood. In this briefing we will: •Introduce Tigard HOME: Phase 1 •Review takeaways from research and community outreach efforts •Receive input on project direction from City Council •Discuss urban agriculture code adoption timeline ALTERNATIVES & RECOMMENDATION Staff recommends continuing to build regulations with the community. Following initial research and outreach, staff recommends these regulations limit the number of animals based on the size of a lot;include specific regulations for enclosures,noise, pests,and enforcement;and include a permit requirement that allows for clear enforcement. No alternatives to consider at this time. ADDITIONAL RESOURCES Attachments Presentation Community Feedback AGENDA ITEM No. 5 Date: November 1, 2022 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the City Council on: Public Hearing: Urban Agriculture Code Adoption This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 5 Date: November 1, 2022 PLEASE PRINT This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony become part of the public record and is openly available to all members of the public. The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. L ZaSe-t Sertri. 00 5.7 &b vi S4— cb3 city U-48(0 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. 02 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-5045 6. Business Meeting Meeting Date: 11/01/2022 Length(in minutes): 10 Minutes Agenda Title: Consideration of a Development Assistance Agreement with DIG Real Estate Authored By: Sean Farrelly Presented By: Redevelopment Project Manager Sean Farrelly Item Type: Resolution Town Center Development Agency Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The Board of the Town Center Development Agency(ICDA)will consider a resolution authorizing the Executive Director to sign a Development Assistance agreement with DIG Real Estate.The agreement sets the terms for $650,000 in TIF funding toward a 55-unit,mixed-use climate friendly project located at SW Hampton Street and SW 70th Avenue.The funds will pay for certain Systems Development Charges incurred. ACTION REQUESTED Staff requests the Board approve the resolution. BACKGROUND INFORMATION States of Previous and Potential Future Considerations The project was discussed in an executive session with the TCDA Board on June 28,2022. Public Involvement The Town Center Advisory Commission reviewed the grant application at their May meeting and deliberated and approved a funding level of$650,000. Impacts (Community,Budget,Policies and Plans/Strategic Connection) The proposed building will be on the cutting edge of carbon-responsible multi-family development in Oregon. It will either be certified as a Path to Net Zero project,or will have building features that will provide an equivalent energy usage (including solar panels,heat pumps and fully electric.) Net-zero buildings have the potential to create as much energy as they consume over the course of each year.Such buildings are more complex to design and construct. The project,located at SW Hampton Street and SW 70th Avenue,is proposed to be a 56,400 SF,4-story building.The project will include 55 apartments, 1,700 SF of ground-floor retail,and 65 structured parking spaces.Two of the apartments will be income and rent restricted at 80%or below of area median income (AMI).This affordability requirement will remain in place for 10 years. The project advances the Tigard Triangle Urban Renewal Plan,which includes Re/Development Assistance as an approved project. The project implements the following objectives of the City of Tigard Strategic Plan 2020-2025,Strategic Priority 3: Ensure development and growth support the vision. 3.1 Pursue land development that maximizes public health benefits while increasing connection between people and community destinations 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 3.5 Plan and create in a manner that reduces climate impacts to the maximum extent practicable,especially for those most vulnerable ALTERNATIVES&RECOMMENDATION The Board could direct staff to renegotiate provisions in the Development Assistance Agreement,however that could impact the project timeline. ADDITIONAL RESOURCES N/A Fiscal Impact Cost: 650,000 Budgeted (yes or no): Yes Where Budgeted(department/program):TCDA Additional Fiscal Notes: Assistance would be paid in FY 23-24,when the building is complete and SDC's are due.The current TCDA budget will be amended to reflect the development assistance expense. Attachments Resolution Final Agreement Memo �.am CITY OF TIGARD, OREGON TOWN CENTER DEVELOPMENT AGENCY RESOLUTION NO. 22- A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO SIGN A DEVELOPMENT ASSISTANCE AGREEMENT WITH DIG TIGARD QOZB, LLC FOR THE 7007 SW HAMPTON STREET PROJECT WHEREAS, Goal 5 of the Tigard Triangle Urban Renewal Plan is to, "Provide financial and technical assistance to new and existing businesses and housing developments that contribute to the Area's diversity and vitality and help it transform into a mixed-use and pedestrian-oriented district;" and WHEREAS, Objective 3 of Goal 5 of the Tigard Triangle Urban Renewal Plan is to, "Support the development of mixed-use buildings that provide a variety of housing types and storefront spaces for a range of community and commercial needs;" and WHEREAS, the Tigard Triangle Urban Renewal Plan specifically authorizes development and redevelopment assistance and partnerships as an urban renewal project; and WHEREAS,DIG Tigard QOZB,LLC have proposed a mixed-use project with green building features and 55 units,including two affordable to those making 80% or below the Area Median Income, at the corner of SW Hampton Street and SW 70`''Avenue; and WHEREAS, the Town Center Advisory Commission found the project meets the criteria for funding and has recommended approval of$650,000 in development assistance to the TCDA Board; and WHEREAS, the Development Assistance Agreement sets out the terms and conditions for the Agency to make a$650,000 grant to pay for certain System Development Chagres the project will incur. NOW,THEREFORE,BE IT RESOLVED, by the Tigard Town Center Development Agency that: SECTION 1: The Executive Director of the Town Center Development Agency is authorized to execute the Development Assistance Agreement attached as Exhibit'A', subject to final legal review. SECTION 2: The Executive Director of the Town Center Development Agency may approve editing or similar changes to Exhibit 'A' that do not materially alter the rights or responsibilities of the parties. SECTION 3: This resolution is effective immediately upon passage. TCDA Resolution No. 22- Page 1 PASSED: This day of , 2022. Chair—City of Tigard Town Center Development Agency ATTEST: Recorder—City of Tigard Town Center Development Agency TCDA Resolution No. 22- Page 2 DEVELOPMENT ASSISTANCE AGREEMENT THIS DEVELOPMENT ASSISTANCE AGREEMENT ("Agreement") is made this day of 2022 ("Effective Date") by and between the Town Center Development Agency, an ORS Chapter 457 urban renewal agency ("TCDA") and DIG Tigard QOZB, LLC, an Oregon limited liability company ("DIG"). TCDA and DIG may be referred to in this Agreement jointly as the "Parties" and individually as a "Party." RECITALS A. DIG intends to develop property located at the intersection of SW Hampton Street and SW 70th Avenue in the Tigard Triangle area ("Property") with a mixed-use building,including 55 apartments ("Project"). Two of the apartments will be income and rent restricted at 80% or below of area median income (AMI). This affordability requirement will remain in place for 10 years from certificate of occupancy. B. TCDA has determined that the Project furthers many of its goals for the Tigard Triangle area because it will have a strong sustainability component with "Path to Net Zero" features, provides affordable housing, and will contribute to placemaking and local identity. C. TCDA has identified funds it will make available to developments like the Project and DIG qualifies for the receipt of such funds. D. The Parties desire to enter into the Agreement for TCDA to provide development assistance to DIG for the development of the Project and, specifically, to assist DIG with the payment of the City of Tigard's ("City's") system development charges applicable to the Project. E. The completion of the Project according to the terms of this Agreement is a material inducement to TCDA to enter into this Agreement. NOW,THEREFORE, in consideration of the public benefits to be created by the development of the Project and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: AGREEMENT 1. DIG PROJECT DEVELOPMENT 1.1 Subject to events and circumstances outside of DIG's reasonable control, DIG will use commercially reasonable efforts to begin construction of the Project no later than June 30, 2023. 1.2 This Agreement is not intended to be a contract providing for construction of the Project by TCDA either directly or through a contractor and DIG is not developing the Project for or on behalf of TCDA or the City. DIG is solely responsible for selecting a construction contractor Client Documents\4886-8827-4482.v6-10/24/22 for the Project. The rights and responsibilities of DIG,the general construction contractor and any subcontractors, shall be provided for in separate contracts to which TCDA is not a party. 2. TCDA FINANCIAL ASSISTANCE 2.1 Subject to the provisions of this Section 2,TCDA will pay to DIG $650,000, to cover the actual cost of the system development charges ("SDCs") applicable to the Project ("Financial Assistance"). For administrative convenience,TCDA will make the payment directly to the City. Payment will be made when the SDCs are due and payable, as provided in Tigard Municipal Code 3.24. Notwithstanding the foregoing, the payment made to the City will be considered financial assistance to DIG for the benefit of the Project. 2.2 In the event the City's SDCs applicable to the Project are less than $650,000,TCDA will pay to the City only the amount of the SDCs applicable to the Project and TCDA will have no further financial obligations under this Agreement. 2.3 As a condition to payment,DIG will provide TCDA with evidence of the following: 2.3.1 That at least two of the apartment units in the Project will be subject to one or more regulatory agreements restricting the units to affordable to those making 80%or below the Area Median Income, as adjusted for household size, as determined by the State of Oregon Housing and Community Services Department for a period of at least ten years from certificate of occupancy. 2.3.2 That,prior to final certificate of occupancy, either (a) Energy Trust of Oregon has issued a "final check letter,"verifying DIG's eligibility in the Path to Net Zero program and that DIG's energy usage intensity ("EUI") meets Energy Trust of Oregon's program requirements, or (b) the Project includes the following features: o Photovoltaic solar system on the roof; o Fully electrified building with no natural gas in the building; o Heat pump water heating systems; o Double paned or triple paned windows; o Energy recovery ventilation in apartments; and o EV charging systems. In the event the Path to Net Zero program is discontinued or is made unattainable with respect to the Project in another manner outside of DIG's control (such as by no longer offering it for multi-family properties),DIG must demonstrate to TCDA that all items under Subsection (b) have been included in the Project in order to receive the Financial Assistance. DIG's participation in the Path to Net Zero program, or construction using the identified Project features above is material inducement for the Financial Assistance. Page 2 Development Assitance Agreement 4886-8827-4482,v.5 Client Documents\4886-8827-4482.v6-10/24/22 2.3.3 That TCDA staff have reviewed and approved DIG's 50%design plan set for the inclusion of high-quality architecture,landscaping, and pedestrian-accommodating elements discussed in the Tigard Triangle Development Assistance application review process. 2.4 Subject to Section 1.1 above,this Agreement expires on December 31, 2024,after which time TCDA has no financial obligation to DIG unless the Parties extend the term of this Agreement in writing. Parties agree to use commercially reasonable efforts to extend this Agreement if unforeseen conditions outside of DIG's control delay construction beyond December 31,2024. 2.5 The Parties anticipate that Washington County will adopt a Commercial Property Assessed Clean Energy Program ("PACE") ordinance after the Effective Date of this Agreement. In such event,DIG anticipates utilizing PACE financing for a portion of the Project. Within 30 days after Washington County's determination of PACE eligibility for DIG,DIG will provide notice of such to the TCDA. 3. REPRESENTATIONS,WARRANTIES,AND COVENANTS OF DIG To induce TCDA to enter into this Agreement, DIG represents,warrants,and covenants as follows: 3.1 Existence. DIG is a limited liability corporation, duly organized and validly existing under the laws of the State of Oregon. DIG will keep in force all licenses and permits necessary to the proper conduct of its ownership and operation of the Project. 3.2 Compliance with Laws. DIG will comply with, or cause the Project to comply with, all laws, ordinances, statutes,rules,regulations, orders,injunctions, or decrees of any government agency or instrumentality applicable to DIG,the Project, or the operation thereof,including (a) all applicable health and safety, environmental, and zoning laws, (b) all federal and state tax laws,and (c) all restrictions on the use, occupancy or operation of the Project. 3.3 Authority. DIG has full power and authority to conduct all of the activities that are now conducted by it or proposed to be conducted by it in connection with the Project and as contemplated by this Agreement, and to execute, deliver, and perform all obligations under this Agreement; and the person executing this Agreement on behalf of DIG has the legal power, right and actual authority to bind DIG to the terms and conditions of this Agreement. 3.4 Title. DIG owns and holds good and marketable fee simple title to the Property. 3.5 Development Issues. DIG is aware of no identifiable issue(s) that would preclude development of the Project or DIG's ability to obtain sufficient financing for the construction or permanent ownership of the Project. 3.6 Binding Agreement. This Agreement and all documents required to be executed by DIG are and shall be valid,legally binding obligations of and enforceable against DIG in accordance with their terms. Page 3 Development Assitance Agreement 4886-8827-4482,v. 5 Client Documents\4886-8827-4482.v6-10/24/22 3.7 No Conflict with Other Agreements. Neither the execution and delivery of this Agreement and documents referred to herein,nor the incurring of the obligations set forth herein,nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement and the documents referred to herein conflict with or result in the material breach of any terms, conditions, or provisions of, or constitute a default under any bond, note or other evidence of indebtedness, or any contract,indenture,mortgage, deed of trust,loan,partnership agreement,lease, or other agreements or instruments to which DIG is a party. 3.8 Indemnity.DIG shall indemnify and hold TCDA,its directors,officers,employees and agents harmless from and against any and all liabilities,claims,losses, damages, or expenses (including attorney fees and title costs and expenses)which any of them may suffer or incur in connection with (a) the inaccuracy of any of the representations and warranties made herein, (b) any transaction contemplated by this,and (c) the construction or operation of the Project, except to the extent such liabilities,claims,losses, damages, or expenses arise solely from the gross negligence or willful misconduct of TCDA. 3.9 Additional Acts. From time to time,DIG will execute and deliver all such instruments, provide such additional information, and perform all such other acts as TCDA may reasonably request to carry out the transactions contemplated by this Agreement. 4. EVENTS OF DEFAULT The occurrence of any one or more of the following shall be an event of default ("Event of Default") under this Agreement: 4.1 Failure to Disclose Material Facts. DIG deliberately fails to disclose any fact material to TCDA's provision of financial assistance, or upon discovery by TCDA of any misrepresentation by, or on behalf of, or for the benefit DIG. 4.2 Non-Compliance with Governmental Regulations. DIG fails to show evidence of full or substantial compliance with any lawful,material requirement of any governmental authority having jurisdiction over the Project or the Property within thirty days after notice in writing of such requirement is given to DIG by TCDA or,if such compliance cannot be completed within such thirty (30)-day period through the exercise of reasonable diligence, the failure by DIG to commence the required compliance within such thirty (30)-day period and thereafter to continue such compliance with diligence to completion. 4.3 Other Material Breach. DIG otherwise materially breaches any term, covenant, condition, provision, representation, or warranty of under this Agreement and fails to cure such breach within thirty (30) days after notice in writing of such breach is given to DIG by TCDA or,if such breach cannot be cured within such thirty (30)-day period through the exercise of reasonable diligence, the failure by DIG to commence the required cure within such thirty (30)- day period and thereafter to continue such cure with diligence to completion. IPage 4 Development Assitance Agreement 4886-8827-4482,v.5 Client Documents\4886-8827-4482.y640/24/22 4.4 Failure to Pay. TCDA fails to pay the City the SDCs as and when required by Section 2 of this Agreement. 5. DISPUTE RESOLUTION AND REMEDIES If a dispute arises under this Agreement,including an Event of Default, the Party claiming the existence of a dispute or Event of Default will provide written notification of the dispute or Event of Default to the other Party.A meeting will be held promptly between the Parties, attended by representatives of the Parties with decision making authority regarding the dispute or Event of Default to attempt in good faith to negotiate a resolution of the dispute or Event of Default. If the Parties are not successful in resolving a dispute or Event of Default within twenty-one (21) days, the Parties may pursue relief in a court of competent jurisdiction. Venue will be in the Washington County Circuit Court. 6. ASSIGNMENT AND TRANSFER PROVISIONS 6.1 Restrictions on Assignments. Except as provided in this Section 6,DIG may not partially or wholly transfer DIG's interest in this Agreement without the prior written approval of the TCDA,which may be withheld in TCDA's reasonable discretion. 6.2 Approved Transfers. Notwithstanding Section 6.1 above, and provided that DIG provides TCDA with copies of all agreements related to the transfer,TCDA hereby consents to: 6.2.1 An assignment of DIG's rights under this Agreement to any entity in which DIG or an affiliate thereof owns a direct or indirect interest. 6.2.2 An assignment of DIG's rights under this Agreement to any person or entity upon substantial completion of Project construction, and subject to DIG's satisfaction of the conditions in Section 2.3 of this Agreement. 6.2.3 The collateral assignment of rights under this Agreement to any mortgagee. For purposes of this Section 6.2.2, "Mortgagee" means the holder of any mortgage, deed of trust, or instrument securing debt or equity obtained to finance the construction of the Project, together with any successor or assignee of such holder. TCDA will cooperate with DIG and enter into commercially reasonable amendments to this Agreement if and as required by any lender, equity provider or financier providing equity or debt to the Project. 7. MISCELLANEOUS 7.1 Counterparts. This Agreement may be executed in any number of counterparts, and any single counterpart or set of counterparts signed,in either case, by all the parties hereto will constitute a full and original instrument, but all of which will together constitute one and the same instrument. Page 5 Development Assitance Agreement 4886-8827-4482,v.5 Client Documents\4886-8827-4482.v6-10/24/22 7.2 Notice. Any notice required or permitted under this Agreement will be in writing and deemed effective; (1)when actually delivered in person, (2) one business day after deposit with a commercial courier service for"next day"delivery, (3) two business days after having been deposited in the United States mail as certified or registered mail, or (4) when transmitted by facsimile answer back or receipt confirmed), addressed to the parties as follows: If to DIG: DIG Tigard QOZB,LLC 333 S. State St Suite V#105 Lake Oswego, OR 97034 legal@digrealestate.com with a copy to: Oregon Law Group 1675 SW Marlow Avenue Suite 404 Portland, OR 97225 notices@oregonlawgroup.com If to TCDA: Town Center Development Agency of the City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 with a copy to: City Attorney City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 7.3 Successors and Assigns.This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective permitted successors and assigns. 7.4 Governing Law.This Agreement will be governed by and construed under Oregon law. 7.5 Modification; Prior Agreements; Headings.This Agreement may not be modified or amended except by an instrument in writing signed by the Parties.This Agreement reflects and sets forth the entire agreement and understanding of the Parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject IPage 6 Development Assitance Agreement 4886-8827-4482,v.5 Client Documents\4886-8827-4482.v6-1 0/24/22 matter. The headings in this Agreement are for the purpose of reference only and will not limit or otherwise affect any of the terms hereof. 7.6 Validity; Severability. If any provision of this Agreement is held to be invalid, such event will not affect, in any respect whatsoever, the validity of the remainder of this Agreement,and the remainder will be construed without the invalid provision so as to carry out the intent of the parties to the extent possible without the invalid provision. 7.7 Time of Essence. Time is of the essence of this Agreement. 7.8 Waivers. No waiver made by either Party with respect to the performance, or manner or time thereof, of any obligation of the other Party or any condition inuring to its benefit under this Agreement will be of any force or effect unless in writing,will be construed to be a continuing waiver, and will be considered a waiver of any other rights of the Party making the waiver. 7.9 No Partnership. Nothing contained in this Agreement or any acts of the Parties hereby will be deemed or construed by the Parties, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint venture, or any association between any of the Parties other than that of independent contracting parties. 7.10 Non-Waiver of Government Rights. Subject to the terms and conditions of this Agreement, by making this Agreement,TCDA is specifically not obligating itself,the City, or any other agency with respect to any discretionary action relating to development or construction of the Project,including, but not limited to,permits or any other governmental approvals which are or may be required, except as expressly set forth herein. 7.11 No Third-Party Beneficiary Rights. No person other than a Party is an intended beneficiary of this Agreement,and no person other than a Party may have any right to enforce any term of this Agreement. [Signature page follows] IPage 7 Development Assitance Agreement 4886-8827-4482,v.5 Client Documents\4886-8827-4482.v6-10/24/22 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. Executed in multiple counterparts as of the day and year above written. TOWN CENTER DEVELOPMENT AGENCY, an ORS 457 Urban Renewal Agency, By: Steve Rymer, Executive Director of the Town Center Development Agency of the City of Tigard Signed: APPROVED AS TO FORM: By: Shelby Rihala, City Attorney DIG Tigard QOZB,LLC, an Oregon limited liability company By: DIG Tigard Partners,LLC, an Oregon limited liability company, Its Manager By: Name: Brenner Daniels Title: Co-Manager IPage 8 Development Assitance Agreement 4886-8827-4482,v.5 Client Documents\4886-8827-4482.v6-1 0/24/22 AIS-5053 7. Business Meeting Meeting Date: 11/01/2022 Length (in minutes): 45 Minutes Agenda Title: Lake Oswego Tigard Water Partnership IGA Update Authored By: Brian Rager Presented By: Public Works Director Brian Rager,City Manager Steve Rymer,City Attorney Shelby Rihala Item Type: Motion Requested Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The Lake Oswego/Tigard Water Partnership (LOTWP)was formed via intergovernmental agreement(IGA) in August 2008 for the construction of a new water infrastructure to serve Lake Oswego and Tigard.As part of the LOTWP,a LOTP Oversight Committee (OVC)was formed that consists of two members of each City Council.Tigard's current members are Councilors Goodhouse and Newton.The City Council will review a new IGA that was agreed upon by the OVC and now focuses on ongoing operations for the Partnership. ACTION REQUESTED 1.Receive a briefing on the recommended intergovernmental agreement between Lake Oswego and Tigard for ongoing operations. 2.Direct the City Manager to bring forward a resolution for approval of the intergovernmental agreement on November 22,2022. BACKGROUND INFORMATION Background The LOTWP was formed via an IGA in August 2008 for the construction of a new water intake facility,expanded and updated water treatment plant facility,water transmission lines,and pumping and storage facilities that would serve both communities. The original IGA was developed with a heavy focus on how the new partnership would conduct business through design and construction. That original IGA and the Partnership envisioned an updated IGA once construction was complete. Additionally,Tigard's auditors had expressed concerns in recent years that the existing IGA did not address some post-construction issues. The new IGA focuses on how the Partnership will conduct ongoing business in operations. Teams from both cities, including the OVC,have been working on the development of provisions for this new IGA for the last several years. Beginning in mid 2022, the two city teams and OVC have worked with a consultant attorney to refine the IGA.At its October 10,2022 meeting,the OVC reviewed and reached a consensus on the terms of the new agreement.A significant amount of discussion throughout the process focused on clarifying roles and responsibilities as well as decision-making.The majority of the these changes are spelled out in Article III and Article XII.Additionally,the City's auditors have reviewed the proposal and concluded that it addresses their main concerns about needing an agreement that stipulates ownership percentages, sharing of ongoing maintenance,operations, and replacement costs. ALTERNATIVES& RECOMMENDATION Tonight's meeting is a briefing only to review and discuss the OVC agreed upon IGA. Council will consider approval on November 22,2022.This will also allow additional time to finalize the exhibits to the IGA,many of which are still being updated and are in draft form. ADDITIONAL RESOURCES Fiscal Impact Fiscal Information: There are no additional fiscal impacts related to this new IGA. Attachments Agreement Exhibit 1 -Existing Real Property Supply Facilities and Valuation Exhibit 2-Lake Oswego Water Service Area 220919 Exhibit 2-Tigard Water Service Area 221019 Exhibit 4-City of Lake Oswego Water Rights Summary Exhibit 5-Summary of Easements Exhibit 6-Supply Facilities and Property 221016 Exhibit 7-Supply Facility Ownership 221016 Exhibit 8-FCD Methodology for Payment TBD Exhibit 9 - SFWB WL Tigard IGA Intertie Restated 2013 LAKE OSWEGO-TIGARD WATER SUPPLY FACILITIES AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES DATED , 2022 TABLE OF CONTENTS Page RECITALS 5 ARTICLE I Definitions 7 ARTICLE II Warranties and Representations of the Parties 14 ARTICLE III Management 14 ARTICLE IV System Ownership; Allocation of Capacity 21 ARTICLE V Property; Creation of Tenancy in Common 21 ARTICLE VI Operation and Maintenance of Supply Facilities 23 ARTICLEVII Property Management 25 ARTICLE VIII Supply Facilities 27 ARTICLE IX Additional Facilities 30 ARTICLE X Leasing 32 ARTICLE XI Sales to Others 34 ARTICLE XII Operations and Other Plans, Protocols and Strategies 35 Page 2-Lake Oswego-Tigard Water Supply Agreement ARTICLE XIII Withdrawal, Termination of Membership, 39 Sale of Assets and Dissolution ARTICLE XIV Dispute Resolution 44 ARTICLE XV Notices 47 ARTICLE XVI General Provisions 47 Page 3 -Lake Oswego-Tigard Water Supply Agreement LIST OF EXHIBITS Exhibit 1 Existing Real Property,Supply Facility Components and Valuation Exhibit 2 Service Areas Maps Exhibit 3 Map of Supply Facilities Exhibit 4 Surface Water Rights Exhibit 5 Summary of Easements Exhibit 6 Supply Facilities and Property Exhibit 7 Supply Facility Ownership Exhibit 8 FCS Report Exhibit 9 Amended and Restated Intergovernmental Cooperative Agreement for Water System Interties between South Fork Water Board, Lake Oswego, Tigard and West Linn Page 4-Lake Oswego-Tigard Water Supply Agreement LAKE OSWEGO-TIGARD WATER SUPPLY FACILITIES AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY FACILITIES This Amended and Restated Intergovernmental Agreement Regarding Water Supply Facilities is effective on , 2022 (the "Amended and Restated Agreement"), by and between the City of Lake Oswego ("Lake Oswego"), an Oregon municipal corporation and the City of Tigard ("Tigard"), an Oregon municipal corporation. Lake Oswego and Tigard may also be referred to individually herein as a "Party" and collectively as the "Parties." RECITALS WHEREAS,the City of Tigard operates a municipal water supply utility under ORS 225, with transmission, storage and distribution facilities to deliver potable water to Customers, including the City of King City, and delivery of water by agreement to the City of Durham and the Tigard Water District in the unincorporated area; WHEREAS, the City of Lake Oswego operates a municipal water supply utility under ORS 225, which treats and distributes potable water to Retail Customers and sells water by wholesale supply contract to the Lake Grove Water District, the River Grove Water District, Skylands Water Company, Glenmorrie Cooperative Association and Alto Park Water District(the "Existing Wholesale Customers"); WHEREAS, pursuant to the Intergovernmental Agreement Regarding Water Supply Facilities, Design, Construction and Operation between Lake Oswego and Tigard dated August 6, 2008 (Original IGA), the Parties designed and constructed a new water intake and water treatment facilities, raw and finished water transmission, pumping and storage facilities (hereinafter "Supply Facilities") on land jointly held as tenants in Page 5 -Lake Oswego-Tigard Water Supply Agreement common, to make beneficial use of Lake Oswego's water rights; WHEREAS, the Original IGA was amended at various times as project milestones were achieved, construction completed, and final costs were reconciled and allocated for the Supply Facilities, now fully functional and operating since 2016; and WHEREAS, the Parties agree that, under the Original IGA, the Parties have or will reap significant benefits by jointly taking action to extend and perfect existing water rights, along with the construction and improvement of new Supply Facilities infrastructure necessary to supply that water to the Parties into the future; and WHEREAS, the Parties agree that they have worked in a collaborative, open, and participative manner under the Original IGA that best serves the needs of the Parties; and WHEREAS, the Original Agreement was primarily focused on completion and delivery of the Supply Facilities and Parties believe that is necessary to enter into this Amended and Restated Agreement for ongoing operations, maintenance, repair and replacement of the Supply Facilities for the mutual benefit of the Parties as owners thereof, to protect and steward their significant investment, continually seek and maintain stability and local control over the source of supply, provide for flexibility in the use and allocation of water, provide for flexibility for management of water resources for enhanced costs and operational efficiency, create opportunities to share and trade staff resources, expertise, and technological capabilities, and clarify decision-making. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: Page 6-Lake Oswego-Tigard Water Supply Agreement ARTICLE I DEFINITIONS 1.1 Definitions As used in this Agreement, the following terms when capitalized shall have the following meanings: 1.1.1 Agreement or Amended Agreement means this Lake Oswego-Tigard Water Supply Amended and Restated Intergovernmental Agreement 1.1.2 Book Depreciation life - the years used to depreciate an asset in accordance with Generally Accepted Accounting Principles. 1.1.3 Capacity - capability from the various components of the Supply Facilities to produce or deliver water; measured in cubic feet per second (cfs), gallons, gallons per day (gpd), gallons per minute (gpm), million gallons per day (mgd), or other comparable measurement and available based on current operating conditions consistent with generally accepted engineering and operating practices. 1.1.4 Clackamas River Intake Pump Station (RIPS) - a constructed structure comprised of a reinforced concrete building and all equipment and materials contained therein that allows water to be withdrawn from the Clackamas River and pumped through the raw water transmission line to the Water Treatment Plant Facilities. The Clackamas River Intake Pump Station ownership and its agreed value are more fully described in Exhibit 1 which may be updated and revised by resolution of the Parties. 1.1.5 Curtailment Plan - The written plan developed for curtailment of Page 7-Lake Oswego-Tigard Water Supply Agreement water service in accordance with OAR Chapter 690 Division 86 rules. 1.1.6 Demand-the amount of water used or projected to be used by a Party and imposed on the Supply Facilities to serve a Party's Retail Customers its Existing Wholesale Contract Customers and ultimate service area measured in cubic feet per second (cfs), gallons, gallons per day (gpd), gallons per minute (gpm), million gallons per day (mgd), or other appropriate measurement. The basis for determining Demand may be waived or modified by the Parties due to unusual circumstances such as a fire, emergency, etc. 1.1.7 Depreciated Replacement Cost Value - the value calculated in the current year by multiplying the original cost of the asset times the index in the Engineering News Record Construction Cost Index 20- City Average, 1913=100 as published in the Engineering News Record for the year of evaluation. The products shall be divided by Engineering News Record Construction Cost Index 20-City Average, 1913=100 as published in the Engineering News Record for the year placed in service. The result shall then be depreciated from the year placed in service to the year of evaluation using the Book Depreciation Life. The formula is expressed as follows: DRC = (CC*ENRe/ENR°) *(1-(Ye—Y°)/BDL)) Where: DRC =Depreciated Replacement Cost Value. CC = Construction cost. Page 8-Lake Oswego-Tigard Water Supply Agreement ENRe =Engineering News Record Construction Cost Index for the year of evaluation. ENR° =Engineering News Record Construction Cost Index for the year placed in service. ye=Year of evaluation. Y° =Year placed in service. BDL =Book Depreciation Life. 1.1.8 Existing Wholesale Contract Customers-the Lake Grove Water District, River Grove Water District, Skylands Water Company, Glenmorrie Cooperative Association, and Alto Park Water District who are served by Lake Oswego as if they were Retail Customers of Lake Oswego under the terms and conditions of this Agreement. The City of King City transferred its water system to Tigard and is a retail customer of Tigard. The City of Durham and the Tigard Water District are contractually served by Tigard and for purposes of this Agreement, shall be defined as existing wholesale customers. The Parties recognize that the status of these entities are contractual and may change over time as determined by the affected Party to this agreement and the existing wholesale customer. 1.1.9 Fiscal Year-the one-year time period commencing on July 1 and ending on June 30 1.1.10 Local Government Investment Pool (LGIP) - the Oregon State Treasurer's Local Government Investment Pool, subject to regulatory oversight by the Oregon Secretary of State and administered by the Page 9-Lake Oswego-Tigard Water Supply Agreement Oregon State Treasury. 1.1.11 Municipal Bond Index - the rate as published by the State of Oregon Treasury Department entitled "Oregon Bond Index -Oregon A Rated 20 Year" for the first date after the beginning of the fiscal year. Should said rate cease to be published, then the Parties will determine another comparable index. The date used for determination of the rate may be modified by the Parties in the event of unusual market circumstances (such as declaration of war by the United States). 1.1.12 Operation, Maintenance, Repair and Replacement- those activities to operate, maintain, repair and replace the Supply Facilities as necessary to provide potable water to the Parties in accordance with all laws and regulations and prudent water utility practices. 1.1.13 Planning Forecast-the document submitted by the Parties in accordance with Section 8,which shows the Demand of each Party to be imposed on the Supply Facilities and the Capacity owned or leased by each Party in such facilities. 1.1.14 Property - those parcels of real property owned in fee simple, by easement or other interest over, under, or upon which the Supply Facilities are located as set forth on Exhibit 1. Currently owned Property or additional properties acquired after the date of this Agreement shall be acquired as tenants in common in proportion to the Parties' allocation of capacity. 1.1.15 Retail Customers - a user within the Party's service area boundary, to Page 10-Lake Oswego-Tigard Water Supply Agreement which users may be added from time to time by annexation, extra territorial extension of service, merger or consolidation, or by intergovernmental agreement among the Parties pursuant to ORS Chapter 190. A municipal corporation or other entity, which purchases water for resale, is not considered a Retail Customer. 1.1.16 Service Area - the service area for each Party as set forth on Exhibit 2 and as may be amended by annexation and land use processes of each Party. Each Party will update its service area map as necessary which will be incorporated into this agreement without necessity of action by the city councils. 1.1.17 Summer Period-June 1 through October 31. 1.1.18 Supply Facilities - the facilities utilized by the Parties identified on Exhibit 1, consisting of the River Intake Pump Station, Water Treatment Plant Facilities, Transmission Facilities, Water Storage Facilities, and other facilities necessary for treatment and conveyance of potable water to the Parties. A map of the Supply Facility components is provided in Exhibit 3,which exhibit may be updated and revised by resolution of the Parties. The map is for illustrative purposes only and is not a legal description of the Supply Facilities 1.1.19 Surface Water Rights - those water rights held by Lake Oswego registered with the State of Oregon Water Resources Department, which allow for diversion of Clackamas River water for use at the Water Treatment Plant Facilities. The Surface Water Rights are more fully Page 11 -Lake Oswego-Tigard Water Supply Agreement described in Exhibit 4, which exhibit may be updated and revised by resolution of the Parties. 1.1.20 Transmission Facilities - the raw water transmission line connecting the Clackamas River Intake Pump Station to the Water Treatment Plant Facilities and the finished water transmission line connecting the Water Treatment Plant Facilities to Lake Oswego's Waluga Reservoirs. The Transmission Facilities, ownership and their agreed value are more fully described in Exhibit 1, which exhibit may be updated and revised by resolution of the Parties. 1.1.21 Water Treatment Plant Facilities - the pumping stations and treatment plant which treats raw water and produces potable water for conveyance by the Transmission and Storage Facilities. The Water Treatment Plant facilities, ownership, and their agreed value are more fully described in Exhibit 1,which exhibit may be updated and revised by resolution of the Parties. 1.1.22 Water Storage Facilities - the Waluga Reservoirs #1 and #2 which receive potable water from the Water Treatment Plant Facilities as conveyed through the Finished Water Transmission Facilities. The Water Storage Facilities, ownership, and their agreed value are more fully described in Exhibit 1, which exhibit may be updated and revised by resolution of the Parties. 1.1.23 Winter Period-November 1 through May 31. Page 12-Lake Oswego-Tigard Water Supply Agreement 1.2 Interpretation In this Agreement,unless a clear contrary intention appears: (a)reference to any person includes such person's successors and assigns but, if applicable, only if such successors and assigns are permitted by this Agreement, and reference to a person in a particular capacity excludes such person in any other capacity; (b) reference to any agreement(including this Agreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof and, if applicable, the terms hereof; (c) reference to any Article, Section, Schedule or Exhibit means such Article, Section, Schedule or Exhibit to this Agreement, and references in any Article, Section, Schedule, Exhibit or definition to any clause means such clause of such Article, Section, Schedule, Exhibit or definition; (d) "hereunder," "hereof," "hereto," "herein," and words of similar import are references to this Agreement as a whole and not to any particular Section or other provision hereof; (e)relative to the determination of any period of time, "from" means "from and including ," "to" means "to but excluding" and "through" means "through and including"; (f)"including" (and with correlative meaning "include") means including without limiting the generality of any description preceding such term; (g) reference to any law (including statutes and ordinances) means such law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated hereunder; and (h) "will" and "shall" are mandatory terms. Page 13 -Lake Oswego-Tigard Water Supply Agreement ARTICLE II WARRANTIES AND REPRESENTATIONS OF THE PARTIES 2.1 Warranties of the Parties The Parties hereto warrant and represent that they have the legal authority to enter into this Agreement. 2.2 Approval of the Governing Bodies The Parties to this Agreement hereby certify that they have undertaken the necessary public procedures to approve and authorize the signatories to this Agreement to act on behalf of the Party executing this Agreement. 2.3 Obligation of Good Faith and Fair Dealing The Parties each covenant to deal fairly and in good faith with the other to fulfill the covenants and requirements of this Agreement. ARTICLE III MANAGEMENT 3.1 Managing Agency Lake Oswego will be the Managing Agency with all necessary powers to manage the operation, maintenance, repair and replacement of the Supply Facilities, Property and Water Rights. As necessary, Lake Oswego will be the contracting agency with consultants, contractors and vendors. Lake Oswego will have the power to: a) approve contracts and change orders subject to this Agreement; b) undertake capital improvement, repair and replacement as authorized in the budget and capital improvement plan; c) take such actions reasonably necessary during an emergency with notice to Page 14-Lake Oswego-Tigard Water Supply Agreement each City as reasonable under the circumstances and an estimate of financial impacts as soon as practicable; d) take action as necessary for non- emergency unforeseen capital replacement as provided in this Agreement; and f) other such powers as may he granted by the Parties from time to time. Lake Oswego is responsible for conducting the day-to-day business affairs including: procurement of supplies and materials, payment of invoices, accounting, budgeting, operation and maintenance of the Supply Facilities, planning,project management,maintaining records, and other such duties as required through Lake Oswego staff. Tigard shall pay its share of costs in accord with the terms and conditions of this Agreement. 3.2 Management Committee Each Party shall appoint staff representatives to meet at intervals deemed appropriate to provide the Managing Agency or Partnership Committee information, review, comment and advice regarding provision of water supply and all aspects of the Supply Facilities and other activities under this Agreement. The Management Committee will endeavor in good faith to make recommendations to the Managing Agency or Partnership Committee as the Management Committee deems appropriate or where required by this Agreement. 3.3 Partnership Committee Lake Oswego and Tigard shall each appoint two councilors to the Partnership Committee. The members shall serve at the pleasure of the appointing council. The Committee shall meet as deemed necessary by the Managing Agency, Page 15 -Lake Oswego-Tigard Water Supply Agreement Management Committee, or Partnership Committee, but in no event less often than quarterly. The Managing Agency shall provide meeting and staff support for the Partnership Committee with the aid and assistance of the Management Committee. The Partnership Committee will consider information provided by the Managing Agency or Management Committee and endeavor in good faith to provide insight, guidance, or recommendations to the Managing Agency or to the City Councils as the Partnership Committee deems appropriate or where required by this Agreement. The Partnership Committee will strive to achieve majority consensus on issues. In the event consensus is not reached, then prior to final action on the matter or referral to the Councils, the Partnership Committee and Management Committee will select a skilled facilitator to assist the Partnership Committee discussions to reach consensus. If, after reasonable efforts, and call for a vote by the chair, the Partnership Committee cannot find consensus by majority on a matter to be decided by the city councils, then the city councils shall be so informed. Each city council will then consider and vote on the matter if it is one requiring council approval. If the final decision is vested with the Managing Agency, the Managing Agency will proceed according to its ordinary and regular procedures and any plans adopted under Article 12. Nothing herein shall be deemed a waiver of a Party's right to submit these matters to Dispute Resolution under Article XIV. 3.4 Partnership Committee Review 3.4.1 The Partnership Committee will have opportunity to review, comment, and receive the following matters prior to city council or Managing Page 16-Lake Oswego-Tigard Water Supply Agreement Agency action: 3.4.1.1 Proposed budget or proposed supplemental budget for the Managing Agency. 3.4.1.2 Capital Improvement Plan adoption or amendment. 3.4.1.3 Non-emergency unforeseen capital replacement exceeding $500,000. 3.4.2. The Managing Agency and Management Committee will present the following topics to the Partnership Committee in such detail to enable the Partnership Committee members to advise their respective councils: Operations Plan, Emergency Response Plan, Joint Water Management and Conservation Plan (including Curtailment), communications protocols and strategies, master planning/system planning, status of real property and supply facilities, risk management, capital repair and replacement projects, water rights, water quality and water supplies in the Clackamas River watershed, and potential water sales to non- parties. The Managing Agency will also provide periodic updates on federal, state, and regional drinking water issues and activities. 3.5 Budgeting and Accounting The Managing Agency will prepare a proposed budget specific to the capital and operating needs of the Supply Facilities for each Fiscal Year. The proposed budget will include an estimate of direct and indirect costs of personnel from either Party who are anticipated to provide services as part of the ultimately approved budget. By mutual agreement, the Page 17-Lake Oswego-Tigard Water Supply Agreement Management Committee will set the budget process schedule for each year. Each Party's proportionate share of the expenses of operation,maintenance, repair, and replacement of the Supply Facilities, including contingency or necessary funding reserves for repair and replacements, construction, and other expenses as may be incurred, will be estimated, and set forth in each Party's annual budget. The amount estimated will be recommended to be included as operating expenses or capital improvements in each Party's individual adopted budget. If the budget includes accumulation of funds designated for a particular purpose or future use, such amounts will be accumulated in a restricted or earmarked fund. The Managing Agency will maintain an independent budget control procedure and provide budget reports at least quarterly to each of the Parties not later than 30 days after the end of each quarter. 3.6 Asset Management Program Effective asset management responds to the Parties' goal of long-term fiscal health and sustainable service levels for the Supply Facilities. To assist in the maintenance of the Supply Facilities' performance at a reasonable cost and an acceptable level of risk, the Managing Agency and Management Committee will create and maintain a mutually acceptable inventory all of the capitalizable assets associated with the Supply Facilities, including physical facilities and real estate holdings. The inventory will include a schedule for repairs and replacement and be part of the Operations Plan. The Managing Agency and Management Committee may propose policies to the Page 18-Lake Oswego-Tigard Water Supply Agreement Partnership Committee that improve,guide, schedule and fund the repair and replacement of the assets and suggest amendments to the Supply Facilities Capital Improvement Program or funding reserves. The program and policies shall be based on prudent utility practices and industry standards. As deemed necessary by the Managing Agency or upon request by Tigard, the inventory will be reviewed by the Managing Agency and Management Committee for modifications. 3.7 Council Decisions Approval by the city councils of each Party is required for the following topic: 3.7.1 Any sale, transfer, lease, exchange, or other disposition of any Property over, under, or upon Supply Facilities are located; 3.7.2 Entry to any mortgage, pledge, encumbrance, or refinance of the Property or Supply Facilities; 3.7.3 Budget and appropriation of funds to meet the requirements of this Agreement, including a Capital Improvement Program; 3.7.4 Approval of any non-emergency capital improvement project not listed on a Capital Improvement Program exceeding $500,000. If a capital improvement project has been budgeted and is part of the Capital Improvement Program, the Managing Agency shall be authorized to contract for all work necessarily related to deliver a complete and functioning project; 3.7.5 Approval of any decision to burden the Property or Supply Facilities with additional easements, licenses, or other encumbrances or to use the Page 19-Lake Oswego-Tigard Water Supply Agreement property for non-water related purposes; 3.7.6 Approval of any decision to change the use or the operation of the Property or Supply Facilities beyond adopted operational protocols; 3.7.7 Approval of amendment of the Agreement to allow a new Party to join; 3.7.8 Approval of modification, alteration, or dissolution of this Agreement: 3.7.9 Approval of a Capital Improvement Program and amendments. 3.8 Use of Employees To the extent that any Party uses its own employees in the performance of its duties under this Agreement,that entity will be responsible for complying with all applicable state and federal laws and for all employment related benefits and deductions, workers' compensation premiums, and pension contributions. Decisions regarding employees will be the sole responsibility of the employer Party. 3.9 Audit, Record Keeping; Access to Records The Managing Agency will cause an annual audit to be conducted pursuant to the requirements of ORS 207.425, 297.455, 297.465 and 297.466. The Managing Agency will maintain its books and records in such manner that the Supply Facilities and expenditures related thereto are separately stated and capable of review without being combined or mixed with the non-supply facility assets. The Managing Agency will maintain all fiscal records relating to the Supply Facilities in accordance with generally accepted accounting principles. In addition, the Managing Agency will maintain any other records pertinent to Page 20-Lake Oswego-Tigard Water Supply Agreement the Supply Facilities in such a manner as to clearly document the Managing Agency's performance hereunder.All such fiscal records,books,documents, papers, plans, and writings will be retained by the Managing Agency and kept accessible as required by law. The Managing Agency agrees that the other Party and its authorized representatives will have access to all books, documents, papers and records of the Managing Agency which are directly related to the Supply Facilities for the purpose of making any audit, examination, copies, excerpts and transcripts. ARTICLE IV SYSTEM OWNERSHIP; ALLOCATION OF CAPACITY 4.1 System Ownership The Parties each own an undivided interest in the Property and Supply Facilities as set forth in the Exhibits 6 and 7 attached hereto. 4.2 Allocation of Capacity Tigard's allocation of Capacity shall be 18 million gallons of water per day, and Lake Oswego's allocation of Capacity shall be 20 million gallons per day. The Managing Agency will develop a strategy to perfect water rights over time with the Oregon Water Resources Department. ARTICLE V PROPERTY; CREATION OF TENANCY IN COMMON 5.1 Common Ownership Lake Oswego, by warranty deed or assignment of easements, conveyed to Page 21 -Lake Oswego-Tigard Water Supply Agreement Tigard an undivided proportionate interest as tenant in common in the Property as set forth on Exhibit 6, attached hereto and incorporated by reference. Property for Supply Facilities acquired after the date of this Agreement will be acquired proportional to the Parties'respective allocations of Capacity, according to the purchase price paid. Closing costs will be shared equally. 5.2 Ownership Interest/Use Lake Oswego's water rights were not transferred under any of the real property transfers. Title to the Property will be held in the name of each of the Parties in their respective undivided interest as tenant in common. The Parties agree that except as provided herein,the Property is dedicated for water supply purposes. The Parties intend that their relationship, with respect to the Property, be a tenancy in common. 5.3 Covenant The Parties declare that the Property is and will be held, conveyed, pledged, encumbered, leased, rented, occupied, and improved subject to the limitations, restrictions, covenants and conditions set forth in this Agreement, all of which are declared to be in furtherance of a plan established for the purpose of operating the Supply Facilities. All such limitations,restrictions,covenants and conditions are intended to run with the Property, and to inure to the benefit of and be binding upon all parties having or acquiring any right, title, interest or estate therein. Other incidental uses shall be limited or restricted to the extent they conflict with Page 22-Lake Oswego-Tigard Water Supply Agreement water supply purposes. 5.4 Partition So long as this Agreement is in effect, no Party will seek or obtain through any legal proceedings a judicial partition of the Property or sale of the Property in lieu of partition, without the prior written consent of the other Party. ARTICLE VI OPERATION AND MAINTENANCEOF SUPPLY FACILITIES 6.1 Management Consistent with the terms of this Agreement and the Operations Plan, Lake Oswego will have responsibility as Managing Agency to manage, operate, maintain, repair, and replace the Supply Facilities until such time as the Parties agree otherwise. The Managing Agency may perform work with its own forces and charge the other Party therefore or by contract with another party. 6.1.1 Operation and Maintenance Costs. The costs of operation and maintenance will be allocated between the Parties according to water delivered from the water treatment plant to each Party' s connection point to their distribution systems, measured in hundred cubic feet (ccf) imposed on the Supply Facilities multiplied by the operations and maintenance expense rate in$lccf, according to the provisions of Exhibit 8, attached hereto. The method for calculating the rate and water use determination of payment will be set by the Managing Agency based on the budget and anticipated water use considering the previous 12 months' Page 23 -Lake Oswego-Tigard Water Supply Agreement water use. 6.1.2 Renewal, Repair and Replacement Costs. The Parties will budget and appropriate funds as needed for renewal, repair, and replacement costs as provided in Exhibit 7 according to the adopted Capital Improvement Plan (CIP) and mutually agreed schedule for CIP projects. Unless otherwise agreed, the Parties will make payments as required for renewals, repair, and replacement proportional to that Party's ownership interest in the Supply Facility component at the time the expenditure is incurred and following receipt of an invoice. 6.1.3 Billing and Payment. Each Party will receive an invoice monthly from the Managing Agency representing one-twelfth of the allocated operations and maintenance budget amount for that Party. The invoice may also include required payments for renewal, repair, and replacement under Section 6.1.2, or the Managing Agency may send a separate invoice for the specific project. Payment is due to the Managing Agency within 30 days of receipt of the invoice. On March 1st of each year, the Managing Agency will send an invoice calculating actual water usage as compared to estimated annualized expenditures in the budget and reconcile them. The respective Parties will pay (or receive credit for overpayment toward the next invoice) based upon this reconciliation. As soon as reasonably possible after June 30th of each year, the Managing Agency will conduct a similar reconciliation and the Parties will pay or receive credit for overpayment Page 24-Lake Oswego-Tigard Water Supply Agreement as appropriate on the next invoice in the new Fiscal Year. ARTICLE VII PROPERTY MANAGEMENT 7.1 Property Management. Consistent with the terms of this Agreement, the Parties agree that the Property over, under, or upon which the Supply Facilities are constructed will be operated and managed for water supply purposes as follows: 7.1.1 Duties. of the Managing Agency. The Managing Agency shall have the responsibility and authority to perform the following functions and may make decisions with respect to such matters as to the Property unless otherwise provided in this Agreement. 7.1.2 Operation, Maintenance, Repair, and Replacement. To contract for maintenance, security, repair, and aesthetics of the Property pursuant to an approved budget, contract, or other approval of the Parties as may be required by the terms of the Agreement. 7.1.2.1 Insurance. To obtain or renew such policies of property insurance to insure the Property against loss or damage by fire and other hazards covered by a standard policy of fire insurance with extended coverage endorsements written for the full replacement value of the Property. The Managing Agency shall also obtain or renew a policy or Page 25 -Lake Oswego-Tigard Water Supply Agreement policies of general liability, automobile and property damage insurance with a single limit of not less than $3,000,000. The Managing Agency may also obtain or renew such umbrella or excess primary insurance policies so long as the minimum amounts are maintained. The policies shall provide for not less than 30 days' prior written notice of cancellation. Each Party shall provide workers compensation insurance for its employees. The Managing Agency will receive, hold, and apply any proceeds or reimbursement for claims for the benefit of the Parties. 7.1.2.2 Payment of Expenses. To pay when due the expenses of the Property and all other expenses or payments duly authorized by the Parties. 7.1.2.3 Records. To maintain complete and accurate records of all receipts and expenditures for the Parties. 7.1.2.4 Payment of Costs. Each Party shall be responsible for its proportionate share of costs as set forth in Exhibit 8 related to the Property. Amounts owed by each Party for expenses related to the Property shall be invoiced as provided in Section 6.1.3. Page 26-Lake Oswego-Tigard Water Supply Agreement ARTICLE VIII SUPPLY FACILITIES 8.1 Use of Supply Facilities The Parties will each use the Supply Facilities in a manner consistent with prudent water utility practices and to minimize interference with each other's use of its respective share of Capacity to meet its Demand. Prudent practices shall include a mutual commitment to conservation and use of water without waste implemented in the joint Water Management and Conservation Plan (WMCP). The Parties anticipate that instances of overuse of Capacity by a Party will be rare and the Parties will resolve such instances on a case-by-case basis. If a new member is added or if another municipal entity is supplied by the Supply Facilities so that additional demands on capacity are placed thereon,then,unless caused by system operation conditions not caused by the overusing Party, any use of 10% or greater by a Party of its allocated share of Capacity for two consecutive years or three out of five years shall be deemed overuse. The overusing Party will compensate the other Party at a lease rate as may be fairly and equitably agreed upon by the Parties. In lieu of the above lease rate or in combination with it,the Parties may agree to construct additional improvements, change operating protocols, or reduce demand so that overuse shall cease to occur. 82 Mutual Forecast Submittal In order to make timely, reasonable and prudent judgments concerning meeting respective demands for capacity, the need to lease capacity, the ability to lease Page 27 -Lake Oswego-Tigard Water Supply Agreement capacity, and the terms and conditions of any such lease, periodically, but not less often than every five years, each Party will submit to the Managing Agency a 10-year planning forecast. The planning forecast will set forth the respective projected water demands, capacity to serve that demand, and identify any deficiencies in capacity by year for the 10-year period. Demand includes any sale of water to third parties from capacity agreed to or reasonably anticipated within the ten-year time frame. The Parties will agree on an appropriate course of action as they deem reasonably available and prudent, under the forecasted circumstances, including, but not limited to, leasing capacity from one to the other, both within and without the timeframe of such planning forecasts. 8.3 Surface Water Rights Surface Water Rights will remain in the name of Lake Oswego. By execution of this Agreement, Lake Oswego agrees to hold these permits or certificates for the benefit of Tigard and Lake Oswego to the extent of the rights of each allocated under this Agreement. Development and beneficial use by the Parties of water authorized in the Surface Water Rights of Lake Oswego will also accrue to the benefit of all Parties, to the extent of their rights under this Agreement, without regard to ownership. 8.4 Water Treatment Plant Facilities Except during a curtailment event, each Party will have or obtain Capacity in the Water Treatment Plant Facilities, to serve the Demand of the Party during the Summer Period and the Winter Period up to the respective allocations. The Capacity requirement for Water Treatment Plant Facilities shall consist of Page 28 -Lake Oswego-Tigard Water Supply Agreement the average of the five (5) consecutive days containing the peak day demand (mgd)imposed on the Supply Facilities by the Party for each Summer Period and Winter Period. Capacity in the Water Treatment Plant Facilities may be obtained by purchase of excess existing Capacity or leasing of Capacity from another Party. 8.5 Transmission System The Parties agree to maximize the use of the existing Transmission System for the benefit of the Parties before construction of new transmission facilities. The Parties have agreed on connection points for delivery of water from the Transmission System as set forth in Exhibit 3, which exhibit may be updated and revised by resolution of each Party's city council. To the extent that a Party needs additional Capacity in the Transmission System, the Parties agree to sell or lease available Capacity in the Transmission System prior to construction of new transmission facilities. When expansion of the Transmission System is required, the Parties shall follow the procedures as set forth in Article IX. 8.6 Finished Water Storage Finished water storage reservoirs (Waluga #1 and Waluga #2) are used by the Parties as shared water storage under the Supply Facilities. Waluga #1 is a 4-million-gallon facility with the capacity allocated to Lake Oswego. Waluga # 2 is a 3.5-million-gallon facility with 1.8 million gallons of Page 29-Lake Oswego-Tigard Water Supply Agreement capacity allocated to Tigard and 1.7 million gallons allocated to Lake Oswego. The Parties agree to operate and maintain these storage facilities in an efficient and economic manner for both Parties. Notwithstanding this provision, each Party will construct and operate separate adequate finished water storage within its distribution system to meet their respective operating and emergency conditions as set forth in the Operations Plan as required under Article 12 and prudent utility practices. To the extent that a Party cannot do so, it may make a request to the other Party for supplemental storage. If the Party providing supplemental storage agrees to provide such storage, then the Party receiving such supplemental storage will compensate the other Party as mutually agreed. ARTICLE IX ADDITIONAL FACILITIES 9.1 Supply Facility Expansion Requirements The Parties agree that use of the Supply Facilities by the Parties should be accomplished first by utilizing the Capacity in the Supply Facilities to serve the needs of the Parties. Expansion of the Supply Facilities should be expanded only after the Parties are projected to be using all Capacity, within a reasonable planning horizon or at such other times as the Parties deem appropriate. In determining the appropriate time to begin expansion of the Supply Facilities, the Parties shall consider the time required to provide for environmental reviews, design, permits, and construction. Therefore, the Parties agree to lease Capacity to another Party as provided for in Article X to reasonably and prudently defer Page 30-Lake Oswego-Tigard Water Supply Agreement capital improvements and costs thereof. 9.2 New Surface Water Rights and Expansion For Supply Facilities The Parties agree that finding opportunities to acquire new water rights (surface or ground) may be of great significance to their long-range needs. This may include the purchase of existing Surface or Ground Water Rights or application for permits for surface, ground or stored water rights. The Parties agree that new Clackamas River sources to be used in the Supply Facilities shall first be acquired jointly in proportion to the Party's ownership interest in the Supply Facilities.If a Party elects not to participate in the acquisition of additional water, the other Party may proceed individually. 9.3 Expansion Rights in the Supply Facilities The Parties agree that any expansion of the Supply Facilities shall be mutually agreed and set forth in a separate project agreement. The Parties shall use reasonable and prudent utility standards in determining when and to what size the Supply Facilities should be expanded. Such determination shall take into consideration the Demand requested by the Parties, the Capacity of the Water Supply Facilities, prudent utility planning standards, available Surface Water Rights,and Transmission System owned or capable of being leased or expanded by the Parties. Based on the planning forecast of Section 8.2, a Party shall provide written notice to the other Party of its desire to expand the Supply Facilities. If they mutually agree, the Parties will place the proposed project on the CIP. The intent of the Parties is to place the proposed project on the CIP for a period of five years. In the third year of the CIP, the Parties shall each decide Page 31 -Lake Oswego-Tigard Water Supply Agreement whether to accept or reject participation in the expansion. Notice by a Party to participate in an expansion shall be in writing and specify the percent participation in the expansion. Each Party shall have the right to participate in the expansion in at least the same percentage level as the Party' s percent ownership in the Supply Facilities at the time of the proposed expansion.A Party may proceed individually if the other elects not to participate so long as the non- participating Party is held harmless from financial obligation. 9.3 Non-Capacity Capital Improvements There may arise other improvements which do not directly in and of themselves provide for capacity increasing expansion of the Supply Facilities. In such circumstances, the Parties will execute a separate project agreement and determine the appropriate financial participation by each of the Parties. They shall consider the purpose for the construction of the asset and the benefits to be received by each of the Parties from the asset in determining the financial participation requirement of each. A Party may proceed individually if the other elects not to participate so long as the non- participating Party is held harmless from financial obligation or other adverse impact. ARTICLE X LEASING 10.1 Leasing As provided for in Article 8, the Parties will lease to the other Capacity in the Surface Water Rights and Supply Facilities to the extent available according to Page 32-Lake Oswego-Tigard Water Supply Agreement the planning forecast. 10.2 Purpose The purpose of this Article is to acknowledge the rights of the Parties to lease from each other the unused portion of their respective 18 mgd and 20 mgd allocations of the total 38 mgd Capacity of the Supply Facilities. This section is not intended to limit the Parties from mutually agreeing to leasing supply capacity to each other that varies from the terms of this Agreement. 10.3 Right to Lease Lake Oswego has the right to lease to Tigard and Tigard to lease from Lake Oswego such unused capacity of its 20 mgd as may be determined by Lake Oswego to be reasonably available and prudent to be leased to Tigard pursuant to Section 8.2 or as they may otherwise agree. Tigard has the right to lease to Lake Oswego and Lake Oswego to lease from Tigard the unused capacity portion of its 18 mgd capacity as may be determined by Tigard to be reasonably available and prudent to be leased to Lake Oswego pursuant to Section 8.2 or as the Parties may otherwise agree. 10.4 Term The term of any lease for Supply Facilities will be for a minimum of one(1)year and a maximum of ten (10) years and upon such conditions for renewal as the Parties determine. A lease is to be a short-term measure that allows the Parties to defer expansion or new construction of other water supply options not associated with the Supply Facility and to provide Parties with a near-term stable planning horizon. The Parties do not intend to have perpetual renewal terms. Page 33 -Lake Oswego-Tigard Water Supply Agreement 10.5 Lease Payments The lease payment for Supply Facilities will be determined by utilizing the Depreciated Replacement Cost Value of the asset amortized over the remaining Book Depreciation Life of the asset at an interest rate equal to the Municipal Bond Index rate plus 200 Basis Points at the year of the lease payment or a comparable index. The lease payment will be fixed for lease terms of five (5) years or less. For lease terms of greater than five (5) years, the lease payment will be recalculated every five (5) years in accordance with this Section 10.5. 10.6 Effective Date of Leases The effective date for leases set forth in this Article 10 shall be on April 1, following the adoption of this Agreement and every April 1, thereafter. 10.7 Curtailment of Leasing Capacity The Parties agree that a condition of any lease will be that the lessee Party will be provided Capacity to the same extent that Capacity is available to serve the lessor Party's Demand. Curtailment of Capacity resulting from reduced availability of water will be based on conditions of approval on the Lake Oswego water rights and any reduction or limitation will be shared equally among the Parties. ARTICLE XI SALES TO OTHERS 11.1 Water Sales to Others In addition to the Existing Wholesale Customers,Retail Customers of any Party, existing mutual aid agreements, or extension of service to areas identified in Page 34-Lake Oswego-Tigard Water Supply Agreement Exhibit 2, either Party may contract for the sale of water within that Party's allocation of Capacity to any other entity or person provided the contract is on a surplus basis. Any contracts of sale of water that are not on a surplus basis shall require approval of the other Party and compliance with the terms of this Agreement. Any contract shall be administered by the selling Party and all proceeds of water sales will be directly invoiced to the buyer and collected by the selling Party. The Parties have jointly entered into an agreement with the City of West Linn and South Fork Water Board for emergency and mutual aid purposes, as set forth on Exhibit 9,attached hereto and incorporated by reference. This agreement will be managed by the Managing Agency. Any water provided under that agreement shall be allocated proportionately to and deducted from each Party. Any revenues derived from the joint sale of water under Exhibit 9 will be paid to the Managing Agency. Net proceeds from such sales shall be credited back to the Parties based on a method as mutually agreed. Net proceeds will be those proceeds remaining after expenses, renewals, and replacements and contingencies are paid. ARTICLE XII OPERATIONS AND OTHER PLANS, PROTOCOLS AND STRATEGIES 12.1 Planning Responsibilities The Managing Agency, with the aid and assistance of the Management Committee, will develop various plans, protocols, or strategies as specified Page 35 -Lake Oswego-Tigard Water Supply Agreement in this Agreement or as deemed necessary to meet prudent utility practices. Any plan or plans may separately address the following topics or be included with other topics: operations, capital improvements, water management and conservation(including Curtailment),water rights, emergency response, and communications and may be revised or amended at any time. The Partnership Committee will have the opportunity to review and comment on any proposed plan, protocol, strategy, or amendment thereof Excluding the Operations Plan, if a Partnership Committee representative proposes an amendment, then the Partnership Committee will determine, by majority consensus, to forward the amendment to the Management Committee for study. The Management Committee will provide its recommendation to the Partnership Committee. 12.2 Operations Plan The Parties have adopted an Operations Plan for the Supply Facilities. The Operations Plan includes agreed comprehensive protocols and methodology to provide for water quality, treatment standards and protocols, asset management and for the equitable, effective and efficient operation of the Supply Facilities in accordance with generally accepted utility practices regarding the operation, management, capital repair, replacement, and improvements, and all aspects of the Supply Facilities. The Operations Plan may be updated as recommended by the Managing Agency and Management Committee, with review and comment by the Partnership Committee. Page 36-Lake Oswego-Tigard Water Supply Agreement 12.3 Joint Water Management and Conservation Plan(including Curtailment) The Parties have adopted a joint Water Management and Conservation Plan (WMCP) for the Supply Facilities in compliance with the laws of the State of Oregon and will maintain compliance therewith through periodic updates as required. If a Party adopts a separate WMCP for its distribution system, that separate plan must be consistent with the joint WMCP. Any proposed separate WMCP will be reviewed by the Management Committee in advance of council adoption. The Curtailment Plan element of the joint WMCP will provide that if an emergency or water shortage requires curtailment, the reduction in available water shall be shared proportionately according to allocation of capacity. 12.4 Capital Improvement Plan The Parties will develop and maintain a Capital Improvement Plan(CIP) for the Supply Facilities which will be reviewed and, if necessary, revised periodically during the budget process. The CIP may be amended at any time following review by the Partnership Committee and approval by the city councils. 12.5 Emergency Response Plan In accordance with legal requirements and prudent utility practices, the Parties will adopt, maintain, and modify as necessary a comprehensive Emergency Response Plan (ERP) that includes provisions for public outreach and communications as well as interface with state and local offices of emergency management. Page 37-Lake Oswego-Tigard Water Supply Agreement 12.6 Communications Protocols and Strategies The Parties agree that coordinated communications for the councils, staff, and customers of each Party is vital to public confidence in the drinking water supply. The Managing Agency, with the aid and assistance of the Management Committee, has and will adopt communications protocols and strategies. The protocols and strategies may be included in other plans such as the Operations Plan, WMCP or ERP, or a separate document. Communications protocols and strategies will be performance based and placed in documents deemed best suited to provide guidance to each Party depending on the circumstances. Any communications plan or protocol will endeavor to provide consistent, timely, and clear messaging with updates as additional information is discovered. Each Party shall have a designated point of contact or alternate (Designee) to give and receive notifications from the other Party at any and all times. It shall then be the responsibility of the Designee to communicate and disseminate information internally. Except where required by law, it will be at the discretion of the Party as to how and what information it provides to its customers. The Parties will endeavor to jointly coordinate the content of any information to be released to the public. Any public press releases or statements shall be provided to the other Party's Designee if time allows. The Managing Agency will provide notice to the Designee regarding any issue affecting water supply, water quality, need for curtailment, or other Page 38-Lake Oswego-Tigard Water Supply Agreement emergency measures as soon as reasonably practical under the circumstances. The Managing agency will provide updated information as it is reasonably verified. The Designee will be responsible to communicate with the Designee's appointing Party. 12.7 Alternate Supply The Parties recognize and agree that in curtailment events, Tigard is in the best position to mitigate against adverse effects by accessing alternate interim water supply from multiple sources. (Alternate Supply). These Alternate Supplies allows Tigard to reduce or eliminate demand on the Supply Facilities or to provide water to Lake Oswego, all to Lake Oswego's benefit. In such cases where Tigard suspends or reduces its demand on the Supply Facilities to enable Lake Oswego to supply its customers by using Alternate Supply or provides Alternate Supply to Lake Oswego, Lake Oswego agrees to compensate Tigard for the direct and indirect cost of Alternate Supply. Tigard's selection of Alternate Supply shall be outcome based made in good faith considering cost, water quality, availability, and operational efficiency. ARTICLE XIII WITHDRAWAL, TERMINATION OF MEMBERSHIP, SALE OF ASSETS AND DISSOLUTION 13.1 Complete or Partial Termination of Interest Any Party may elect to terminate all or part of its participation in this Agreement and withdraw from the Supply Facilities as designated(full or partial)by giving Page 39-Lake Oswego-Tigard Water Supply Agreement written notice of its desire to terminate to the other Party and stating a date for termination which may not be less than two (2) years from the date of notice. The remaining Party receiving notice of termination will have the first option to purchase the terminating interest. If Tigard terminates in whole or in part, the purchase price will not include any value for water as those water rights remaining with Lake Oswego. If Tigard completely terminates from this Agreement, it shall not receive water unless Lake Oswego agrees in writing. If Tigard partially terminates, its 18 mgd capacity shall be adjusted to reflect its retained, proportionate interest. The Parties shall meet for the purpose of establishing the price for the terminated interest. The meeting shall be held within 90 days following receipt of notice of termination. Notice to the selling Party of the other Party' s intent to buy all or a portion of the terminating interest shall be given no later than three(3)months after receipt of the written notice of the Party's desire to terminate. If the remaining Party purchases less than the full portion of the terminating interest, the Parties also agree that any unpurchased interest may be sold to another local government party so long as that other local government party becomes subject to all terms and conditions of this Agreement. The terminating Party shall use best efforts to find another local government partner to buy the remaining unpurchased interest or to assign or lease capacity so as not to unduly burden the remaining Party. Consent by the remaining Party for another local government party to purchase, take assignment, or lease the Supply Facilities to this Agreement shall not be unreasonably withheld. Any assignment or lease of an unpurchased Page 40-Lake Oswego-Tigard Water Supply Agreement interest to another local government shall not relieve the party from its obligations under this Agreement,unless the agreement specifically provides for such release. Negotiations of the terms of sale, assignment, or lease to another local government Party shall include the non-terminating Party as to those terms which directly impact its operational and financial interest. 13.2 Sale of Assets A Party may offer to sell to the other Party its ownership interest in an identified portion of the Supply Facilities (e.g., a percent of the Transmission System). Notice of the proposed sale shall be given to the other Party by the Party wishing to sell. Such notice shall specify the material terms and conditions of the sale. The terms and conditions of Section 13.1 shall apply. If the other Party determines not to purchase, the selling Party may also assign or lease the unpurchased interest to another local government party. Consent to such assignment or lease shall not be unreasonably withheld or relieve the Party from its obligations under this Agreement. 13.3 Valuation of Interest The Parties shall meet to agree upon a price within 90 days of the receipt of notice under Sections 13.1 or 13.2. The price shall be fixed by determining the terminating/selling Party's interest in the subject assets using the Depreciated Replacement Cost Value. Nothing herein shall prevent the Parties from agreeing upon a price through negotiation and unanimous consent. Sales, assignments, or leases to third parties are not subject to the valuation formula of this Section. Page 41 -Lake Oswego-Tigard Water Supply Agreement 13.4 Payment The payment price for the subject interest shall be paid in full on the date of termination set forth in the notice of intent to terminate/sell, as agreed by the Parties or award of arbitration or court. Interest shall commence to accrue from the date of agreement arbitration or judgment at the Local Government Investment Pool rate. If a Party fails to pay the purchase price in full at the date of termination, then the terminating/selling Party shall have the right to sell or transfer or assign the subject interest to any other government entity as provided in Section 13.1 or 13.2. 13.5 Default and For Cause Termination The failure of a Party to perform any duty imposed upon it by this Agreement shall constitute a default. The non-defaulting Party shall have the right to give the defaulting Party a written notice of default, which shall describe the default in reasonable detail and state the date by which the default must be cured, which date shall be at least 60 days after receipt of the notice of default, except in the case of a failure to advance funds, in which case the date shall be 30 days after receipt of the notice of default. 13.5.1 Opportunity to Cure. If, within the applicable period described in Section 13.5, the defaulting Party cures the default, begins to correct the default within the applicable period and continues corrective efforts with reasonable diligence until a cure is completed, or if the failure is one (other than the failure to make payments) that cannot in good faith be corrected within such period and the defaulting Party presents a cure plan Page 42-Lake Oswego-Tigard Water Supply Agreement that complies with all laws and regulations, the notice of default shall be suspended and the defaulting Party shall lose no rights under this Agreement. If, within the specified period, the defaulting Party does not cure the default or begin to cure the default as provided above or request Dispute Resolution, the non-defaulting Party may pursue rights and remedies under this Agreement. 13.5.2 Rights Upon Default. If the defaulting Party has not cured the default as provided in Section 13.5.1, it shall have no voting rights under this Agreement until the default has been cured. In addition, the non- defaulting Party may pursue any other remedy available at law or in equity against the defaulting Party, including but not limited to, an action for damages, costs of obtaining substitute water, or other performance. 13.6 Dissolution of the Agreement This Agreement may be terminated and dissolved by mutual agreement of the city councils.Upon dissolution,the Parties shall agree on a Dissolution Plan and schedule to wind down and dissolve the business affairs. Unless modified by the Dissolution Plan, the dissolution shall be effective only after all debts and obligations are paid or provision for payment is made. Each Party shall assume a share of the debts and obligations in proportion to their ownership in the Supply Facilities unless the instrument or transaction that created the debt or obligation specified otherwise. The Parties shall execute those documents necessary to vest proportionate ownership of the Supply Facilities and Property in each Party and execute a post dissolution water supply agreement and a management agreement Page 43 -Lake Oswego-Tigard Water Supply Agreement for the Supply Facilities and Property.Nothing herein shall prevent a Party from accepting cash or other consideration in lieu of continued proportionate ownership in the Supply Facilities and Property. The cost of dissolution shall be treated as an operation and maintenance expense. 13.7 Water Supply to Tigard If Lake Oswego elects to terminate this Agreement, or if the Parties mutually agree to dissolve this Agreement, Lake Oswego agrees to provide Tigard with treated water sufficient to supply 18 million gallons per day so that Tigard is always assured of having sufficient source to supply its capacity share and usage of the Supply Facilities. Negotiation of a mutually agreeable water supply agreement shall be a condition precedent to any termination of this Agreement by Lake Oswego or Dissolution Plan. 13.8 Unreasonable Withholding of Consent Unreasonable withholding of consent shall be those reasons other than financial considerations, availability of alternate water sources, water usage characteristics water service territory, water demand forecasts, technical or operational expertise, history as a recognized local government water service provider, ownership, control, operation by or for a private entity or person, or other relevant matters considered in reasonable and prudent utility management. ARTICLE XIV DISPUTE RESOLUTION 14.1 Dispute Resolution The Parties hereby agree that resolution of any disputes arising out of this Page 44-Lake Oswego-Tigard Water Supply Agreement Agreement shall follow the steps as set forth in Section 14.2. However,nothing shall prevent the disputing parties (Disputing Parties) from waiving any of the steps by mutual consent. This Agreement obligates the Parties to achieve the mutual benefit of the Supply Facilities,Property,and Water Rights. Each Party agrees to bring forward issues regarding past performance or anticipated performance of obligations and duties at the earliest reasonable opportunity so that the Parties can work toward solutions in an attempt to avoid formal declaration of default.The Dispute Resolution process is to encourage solutions at the earliest stage through negotiation. 14.2 Dispute Resolution Steps Step One: (Negotiation) Either Party may give notice and description of the dispute (Notice). The city managers or their designees shall meet and attempt to resolve the issue. If the dispute is resolved at this step, there shall be a written determination of such resolution, signed by each city manager and ratified by the governing bodies. Step Two: (Mediation) If the dispute cannot be resolved at Step One within thirty(30)days after Notice is given, the Parties shall submit the matter to non-binding mediation in accordance with ORS Chapter 36. The Parties shall attempt to agree on a mediator(Neutral). If they cannot agree, the Parties shall request a list of five (5) Neutrals from an entity or firm providing mediation services. The Parties shall mutually agree on a Neutral from the list provided. Any common costs of Page 45 -Lake Oswego-Tigard Water Supply Agreement mediation shall be shared equally by the Parties. The Parties shall make good faith efforts to conclude mediation within 60 days after selection of the Neutral. If the issue is resolved at this step, a written determination of such resolution shall be signed by each city manager and ratified by the governing bodies. Step Three (Litigation or Mutually Agreed Arbitration) After exhaustion of the preceding processes, either Party may elect to submit all disputes or claims arising out of this Agreement to the Circuit Court of the State of Oregon for the County of Clackamas. However, if both parties mutually agree, the dispute may be submitted to binding arbitration under the rules and processes of U. S. Arbitration and Mediation of Portland, Oregon or similar mutually agreed process. Each Party shall select an arbitrator and the two shall appoint a third arbitrator. All costs of the arbitrators and arbitration proceedings shall be borne equally. The arbitrators may determine a different allocation of these costs if they find a Party asserted a frivolous claim or position. The Oregon Rules of Civil Procedure relating to discovery and the Oregon Evidence Rules will apply. The decision of the panel shall be binding and may be enforced by entry of an award as a judgment. Nothing herein shall prevent the Disputing Parties from selecting a single arbitrator by agreement. 14.3 Legal Fees Each Disputing Party shall bear its own legal and expert witness fees at all stages of proceedings, including any appeals. Page 46-Lake Oswego-Tigard Water Supply Agreement ARTICLE XV NOTICES Any notice herein required or permitted to be given will be given in writing and effective when actually received by hand delivery orby the United States mail,first class postage prepaid,addressed to the Parties as set forth below. The Parties will notify the Managing Agency of any change of address or title for receipt of notices under this Agreement. LAKE OSWEGO The City of Lake Oswego Attention: City Manager 380 A Avenue P.O. Box 369 Lake Oswego, OR 97034 With a copy to: City of Lake Oswego City Attorney 380 A Avenue PO Box 369 Lake Oswego, Or 97034 TIGARD City of Tigard Attention: City Manager 13125 SW Hall Blvd. Tigard, OR 97223 With a copy to: City of Tigard City Attorney 13125 SW Hall Blvd Tigard, OR 97223 ARTICLE XVI GENERAL PROVISIONS 16.1 Instruments of Further Assurance From time to time, at the request of a Party, each Party will, without further consideration, execute and deliver such further instruments, and take such Page 47-Lake Oswego-Tigard Water Supply Agreement further action as may be reasonably required to fully effectuate the purposes of this Agreement. 16.2 Entire Agreement This Agreement embodies the entire agreement and understanding between the Parties hereto with respect to the Supply Facilities and supersedes all previous agreements and understandings relating to the Supply Facilities except as provided herein. 16.3 Assignment, Sale or Transfer No Party has the right to sell, transfer or assign its interest in this Agreement(or any portion thereof) or asset(s), without the prior written consent of the other in accordance with requirements of this Agreement. No Party may sell, transfer, assign its interest, or sell water to an existing wholesale customer in the other Party' s service area as set forth on Exhibit 2 without the prior written consent of the other Party in accordance with the requirements of this Agreement. 16.4 Severability In case any one or more of the provisions contained in this Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein will not in any way be affected or impaired thereby. 16.5 Counterparts This Agreement may be executed in any number of counterparts and by the Parties or separate counterparts, any one of which constitutes an Agreement between and among the Parties. Page 48 -Lake Oswego-Tigard Water Supply Agreement 16.6 Headings The article, section and subsection headings contained in this Agreement are for reference purposes only and do not in any way affect the meaning or interpretation of this Agreement. 16.7 Force Majeure No Party will be considered in default in the performance of its obligations under this Agreement to the extent that the performance of any such obligation is prevented or delayed by any cause, existing or in the future, which is beyond the reasonable control of the affected Party, including, but not limited to, Acts of God, earthquake, labor disputes, civil commotion, war events beyond the reasonable control of the Parties, such as regulatory restrictions or requirements, permit issuance, and the like. In the event a Party claims that performance of its obligations was prevented or delayed by any such cause,that Party will promptly notify the other Parties of that fact and of the circumstance preventing or delaying performance. Such Party so claiming a cause of delayed performance will endeavor to the extent reasonable to remove the obstacles which preclude performance. 16.8 Consolidation. Merger, Annexation 16.8.1 Change of organization is defined as the consolidation or merger of a Party with another city under ORS 222.610 et seq. 16.82 Any new entity created by change of organization involving a Party to this Agreement requires prior consent of the other Party as to the successor or surviving entity's entitlement to be an owner of the Supply Facilities, based on the entity's legal, financial, and technical ability to Page 49-Lake Oswego-Tigard Water Supply Agreement assume the original Party's obligations under this Agreement. Such consent will not be unreasonably withheld. If the surviving or successor entity is approved, the original Party's obligations and rights hereunder shall be binding upon and inure to the benefit of the surviving or successor entity and that entity will be subject to all obligations of this Agreement. 16.8.3 Annexation of or provision of service to an area beyond that area identified for each Party in this Agreement and any transfer of a Party's territory to a water authority formed by one or more cities,water districts, or both, requires the prior consent of the other Party, which will not be unreasonably withheld considering capacity and demands and other system factors. Annexations or service to identified areas do not require consent. 16.9 Survival of Covenants, Any provision of this Agreement which,by its terms has or may have application after the expiration or earlier termination of this Agreement, including all covenants, agreements, and warranties, shall be deemed to the extent of such application to survive the expiration or termination of this Agreement. 16.10 Indemnity To the extent permitted by the Constitution and laws of Oregon, each Party agrees to defend, indemnify and hold harmless the other from and against any and all actual or alleged claims, damages, expenses, costs, fees, including but not limited to attorney, account, paralegal, expert, and escrow fees, fines, environmental costs or penalties (collectively "costs"), which may be imposed Page 50-Lake Oswego-Tigard Water Supply Agreement upon, claimed against, or incurred or suffered by the Party, unless and to the extent it was resulting from an individual Party's negligence or willful misconduct. 16.11 No Third Party Beneficiaries The Parties hereto are the only Parties to this Agreement and the only persons or entities entitled to enforce its terms. 16.12 Future Modifications Every five (5) years, the Partnership Committee may review this Agreement to determine if modifications to this Agreement are necessary or desirable. However, such modifications require approval of each Party's city council. IN WITNESS WHEREOF the Parties have dated and signed this Agreement. [Signatures on following page] Page 51 -Lake Oswego-Tigard Water Supply Agreement CITY OFLAKE OSWEGO CITY OFTIGARD Mayor Mayor Dated Dated City Recorder City Recorder Dated Dated City Attorney City Attorney Dated Dated Page 52-Lake Oswego-Tigard Water Supply Agreement 1 Interim Supply to Lake Oswego (not allocated) 2 Raw Water Intake (cot allocated) 3 Raw Water Transmission 4 Water Treatment Plant: Land 5 Water Treatment Plant: Structures & Equipment (not allocated) 6 Finished Transmission Main cot allocated: 7 Waluga Reservoir: Land (Reservoir Property) 8 Waluga Reservoir: Structures & Equipment (not allocated, 9 Bonita Pump Station (not allocated) 10 Computer System/Software 11 General Plant Exhibit 1 Existing Real Property,Supply Facility Components and Valuation Current Year ,Assumed Escalation May 2008 ENR CCI y'1=0 Projcted July 2008 ENR CCI 8,208 Acquisition Acquisition Original July Today Acquisition Useful Life Depreciation Allocation Asset Description Date Amount ENR CCI 2008 CCI Amount (in years) Amount Value Today Water Treatment Plant Land 8,208 4 Plant Site 6/30/1968 $ $ 595,491 $ - $ 595,491 Sub Total $ 83,797 $ 595,491 $ - $ 595,491 Raw Water Transmission 1,269 8,208 • Raw Water Transmission 6/30/1969 $ 590,137 $ 3,816,979 1'/7 $ 1.488,622 $ 2,328,357 • Pipleline Easements 6/30/1969 $ 22.000 $ 142,295 '10 $ 55,495 $ 86,800 Sub Total $ 612,137 $ 3,959,274 $ 1,544,117 $ 2,415,157 Distribution Storage 7 Reservoir Property 6/29/1980 $ 8,416 3,237 8,208 $ 21,340 _a07 $ - $ 21,340 Waluga Reservoir 3/30/1983 $ 1,281,427 4.066 8,208 $ 2,586,753 .' $ 646,688 $ 1,940,065 Sub Total $ 1,289,843 $ 2,608,093 $ 646,688 $ 1,961,405 Computer Systems/Software 10 SCADA System Upgrade 6/30/1991 $ 180,722 4,835 8,208 $ 306,791 20 $ 260,773 $ 46,019 10 Scada Software Upgrade 6/30/1999 $ 33,500 6,059 8,208 $ 45,381 20 $ 20,421 $ 24,959 Sub Total $ 214,222 $ 352,172 $ 281,194 $ 70,978 General Plant 6/8/1982 $ 17,000 3,825 8,208 $ 36,479 20 $ 36,479 $ - • 6/8/1986 $ 24,000 4,295 8,208 $ 45,864 20 $ 45,864 $ - 6/30/1999 $ 20,500 6.059 8,208 $ 27,770 20 $ 12,497 $ 15,274 Sub Total $ 61,500 $ 110,114 $ 94,840 $ 15,274 Land Additions 2006 RMV(land Only) 7 Waluga Res 1/1 1976 $ 329,841 Land $ - $ 329,841 7 4800 Carmen Dr 1992 $ 237,346 Land $ - $ 237,346 7 Vacant Parcel 1992 $ 253,485 Land $ - $ 253,485 4 4260 Kenthorpe Way 1966 $ 680,014 Land $ - $ 680,014 4 WTP Property 1979 $ 132,652 Land $ - $ 132,652 4 4245 Mapleton Dr 1989 $ 258.916 Land $ - $ 258,916 4 4305 Mapleton Dr 1995 $ 258,916 Land $ - $ 258,916 4 4315 Mapleton Dr 1989 $ 258,916 Land $ - $ 258,916 4 South of Plant Site 1989 $ 47,430 Land $ - $ 47,430 Clackamas River Intake&Pump Station Structure 6/30/1969 $ 121,980 1,269 8,208 $ 788,961 60 $ 512,825 $ 276,136 Pumps&equipment 6/30/1969 $ 50,825 1,269 8,208 $ 328,734 40 $ 320,515 $ 8,218 Piping and Valves 6/30/1969 $ 20,330 1,269 8,208 $ 131,494 60 $ 85,471 $ 46,023 Electrical,IBC,HVAC 6/30/1969 $ 10,165 1,269 8,208 $ 65,747 40 $ 64,103 $ 1,644 Seismic Upgrades 1980 $ 131,000 6,538 8,208 $ 164,458 60 $ 76,747 $ 87,711 Pumps 1980 $ 40,000 3,237 8,208 $ 101,425 40 $ 70,998 $ 30,428 Pumps No.4 2002 $ 153,833 6,538 8,208 $ 193,123 40 $ 28,968 $ 164,154 Intake Fish Screens 2002 $ 1,352,600 6,538 8,208 $ 1,698,060 20 $ 509,418 $ 1,188,642 Piping and Valves 1980 $ 10,000 3,237 8,208 $ 25,356 60 $ 11,833 $ 13,523 Electrical and HVAC 1980 $ 21,000 3,237 8,208 $ 53,248 40 $ 37,274 $ 15,974 Intake Land Water Treatment Plant Site Work 6/30/1969 $ 155,915 1,269 8,208 $ 1,008,451 60 $ 655,493 $ 352,958 Concrete and Buildings 6/30/1969 $ 479,739 1,269 8,208 $ 3,102,930 60 $ 2,016,904 $ 1,086,025 Pumps 6/30/1969 $ 4,197 1,269 8,208 $ 27,146 40 $ 26,467 $ 679 Mechanical Equipment 6/30/1969 $ 125,931 1,269 8,208 $ 814,516 40 $ 794,153 $ 20,363 Piping and Valves 6/30/1969 $ 191,895 1,269 8,208 $ 1,241,168 60 $ 806,759 $ 434,409 Electrical,(AC,HVAC 6/30/1969 $ 191,895 1,269 8,208 $ 1,241,168 40 $ 1,210,139 $ 31,029 Fitter Media,and Underdrains 6/30/1969 1,269 8,208 $ - 40 $ - $ - Chemical Addition 6/30/1969 1,269 8,208 $ - 40 $ - $ - Clear Well 6/30/1969 1,269 8,208 $ - 60 $ - $ - Solids Dewatering Facilities 6/30/1969 1,269 8,208 $ - 60 $ - $ - Miscellaneous 6/30/1969 $ 11,993 1,269 8,208 $ 77,570 20 $ 77,570 $ - Engineering 6/30/1969 1,269 8,208 $ - 60 $ - $ - Expansion 1980 $ 80,221 3,237 8,208 $ 203,411 60 $ 94,925 $ 108,486 Site Work 1998 $ 510,000 5,920 8,208 $ 707,094 60 $ 117.849 $ 589,245 Expansion 1980 $ 333,224 3,237 8,208 $ 844,933 60 $ 394,302 $ 450,631 Seismic/ADA/Code 2000 $ 498,498 6,221 8,208 $ 657,706 60 $ 87,694 $ 570,012 Expansion 1980 $ 86,391 3,237 8,208 $ 219,056 60 $ 102,226 $ 116,830 Pumps and Equipment 1999 $ 507,925 6,059 8,208 $ 688,061 40 $ 154,814 $ 533,248 Expansion 1980 $ 67,879 3,237 8,208 $ 172,116 60 $ 80,321 $ 91,795 Mechanical 2001 $ 641,126 6,343 8,208 $ 829,616 40 $ 145,183 $ 684,433 Expansion 1980 $ 357,906 3,237 8,208 $ 907,517 60 $ 423,508 $ 484,009 Expansion 1980 $ 178,954 3,237 8,208 $ 453,761 60 $ 211,755 $ 242,006 Electrical 1999 $ 66,247 6,059 8,208 $ 89,742 40 $ 20,192 $ 69,550 Electrical&Instrumentation 2001 $ 568,564 6,343 8,208 $ 735,721 40 $ 128,751 $ 606,970 Expansion 1980 $ 83,923 3,237 8,208 $ 212,798 60 $ 99,306 $ 113,492 Fitters&Structural Work 2001 $ 416,886 6,343 8,208 $ 539,450 40 $ 94,404 $ 445,046 Sodium Hypochlorite System 1998 $ 282,793 5,920 8,208 $ 392,081 40 $ 98,020 $ 294,061 Lime Sotrage/Feed System 1998 $ 1,000,158 5,920 8,208 $ 1,386,677 40 $ 346,669 $ 1,040.008 CO2 Storage/Feed System 1998 $ 238,357 5,920 8,208 $ 330,472 40 $ 82,618 $ 247,854 Alum Sotrage/Feed System 1998 $ 522,800 5,920 8,208 $ 724,840 40 $ 181,210 $ 543,630 Clear Well Baffle 1996 $ 107,293 5,622 8,208 $ 156,642 40 $ 46,993 $ 109,650 Solids Dewatering Lagoons 1999 $ 1.084,518 6,059 8,208 $ 1,469,144 40 $ 330,557 $ 1,138,587 Expansion 1980 $ 45,664 3,237 8,208 $ 115,787 60 $ 54,034 $ 61,753 Engineering 1998 $ 311,460 5,920 8,208 $ 431,826 60 $ 71,971 $ 359,855 Engineering 1999 $ 120,000 6,059 8,208 $ 162,558 60 $ 24,384 $ 138,174 Engineering 2000 $ 126,653 6,221 8,208 $ 167,103 60 $ 22,280 $ 144,822 Engineering 2001 $ 332,000 6,343 8,208 $ 429,608 60 $ 50,121 $ 379,487 Finished Water Transmission 24-inch Finished Water Main 6/30/1969 $ 473,456 1,269 8,208 $ 3,062,292 10/' $ 1,194,294 $ 1,867,998 WTP Transmission Main 6/30/1969 $ 42,618 1,269 8,208 $ 275,651 100 $ 107,504 $ 168,147 North Shore-Iron Mtn.Pipelines 6/30/1970 $ 534,142 1,381 8,208 $ 3,174,619 100 $ 1,206,355 $ 1,968,264 Upper Dr:Iron Mtn.24 Inch Pipeline 6/30/1985 $ 575,398 4,195 8,208 $ 1,125,810 100 $ 258,936 $ 866,873 Cathodic Protection System 4/1/2000 $ 486.097 6.221 8,208 $ 641,344 n $ 128,269 $ 513,075 $ 2,111,711 $ 5,384,358 Sub Total $ 15,866,160 $ 34,828,504 $ 13,665,082 $ 26,547,780 Calculated Total Current Acquisition Value 2008 Value Depreciation Value TOTAL ASSETS $ 18,127,659 $ 42,453,649 $ 16,231,922 $ 31,606,085 3 Stephenson St p1 7 m St �dke Ra NIli 10 °i `chc Oartrnouth St ,4 Ra l• ei oG94 Qa `' t 6I, rb 4,i,•‘ h, I Knaus ;�T 4n 0 2'�eraisg' Y • U Timberline OT �i R R m y c o a Park Ave 4.x • "D; 0. c 'ham St + 3 Melrose St BOrticeU� u °'moi c itZ. 4 -a o' co co m �� °' ,b • CO �a °• a • r ,a 4�a 4ntry Club Rd m °e. .* Courtney Ave 2u. Y Mcdonald St m m Q� Kruse Way Q Chandler Rd A _ Meado y m i a) Ws Ref oe ti *embiey Ave m Bonita'''. c O o Q)°°C 7 0°untain etv cl Bonita Rd m c Q d re °'� O CO ,2 Fir xc° ce Oak Grove Blvd dao A co Ga o. re • `Li 0. *e Grove Ave aKe ` 73 d�N 9O \,eOc ,�e90 Je ,o < J OS c eY P f u { b ..:--- 4. � 0 Oa ,6 RdDurham Rd if" �a West Ba �aa South OShoreF O�� Greentree Rd °c0 �Oc�. • c4 ...0 i: 0y / ipe Go0 Qa CO 0 d 0- 13 obOrc 'Py c� ° Bergis Rd Skytat nooroJean Rd ' 14 046 r; Dr �o ?a Greg '� O eQ°� a Ra oe Way a Bn 4 n �o� c Q a MO X0 e-a o .. )$ * 03 Childs . F) Rd Rd 0 Hiucre4- v3 • SS Lake Oswego Service Area* Wilda Rd RO�'00io Joint Water Supply System Analysis °� N a City of Lake Oswego &Tigard Water Service Area I Ra y Lake Oswego&Other Water Providers y Hidden Borland Rd Stafford Triangle(Build-out) ._ . cc.o r •`a �b QcF Q Lake Oswego USB _ N ---,........ k .a ca d Per"Joint Water Supply Analysis,"Carollo, July 2007 v d Y, 0 0.5 1 ��+ N 3if Mile 9„92022 .° Exhibit 2a Tigard Water Service Area s 44 eco Joint Water Supply System Analysis R City of Lake Oswego &Tigard Water Service Area _ e 2 m Water Service Area m vZ Future TWSA Expansion og �� Tualatin River z 9.4µ0 tw W W J os• a A� >< �► I i4* / 11 r. W yC 3 'RTA/. s 1 Q tP1la ri WALNUT SI rif M NO N 4G•P4, V , \ '// GAARDE ST MCDONALD ST ��' BULL MOUNTAIN RD BONITA RD" t W• W i Q SG" I,, ' sxw RD DURHAM RD /f Q W G C BRIQ` ,..,. .. TUALATIN RD 0.25 0.5 1 ,. N Miles `` Exhibit 2b k Exhibit 4 . City of Lake Oswego Water Rights Summary Permitee Application/Permit# Authorized Authorized Amount Amount Priority Source amount place of developed/certificate# undeveloped Date water (cfs/mgd) use (cfs/mgd) (cfs/mgd) City of S43365/S32410 50/32.32 City of Lake 25/16.16/C78332 25/16.16 3/14/1967 Clackamas Lake Oswego and River Oswego City of Tigard City of S50819/S37839 9/5.81 City of 0 9/5.81 7/5/1973 Clackamas Lake Tualatin and River Oswego Tigard Water District2 Notes: 1. The City of Lake Oswego is currently seeking extensions of time to fully use all water authorized under permit Nos. S32410, S37839 and S43246. Proposed Final Orders (PFO)approving the City's request are pending at Water Resources Department (WRD) in Salem. It is expected protests will be filed on the PFO's once they are issued for public comment. 2. The City has submitted its water management and conservation plan to WRD and no public comments on the plan were filed during the 30-day public comment period. An approved WMCP is required before the City can access any portion of undeveloped water noted above. ' Permit Amendment T-8358 amended Permits S32410 and S37839 to include the City of Tigard as authorized places of use. 2 Permit S37839 was granted to the City of Lake Oswego for the benefit of the Cities of Tualatin and the Tigard Water District. EXHIBIT 5 Lake Oswego Tigard Water Project SUMMARY OF EASEMENTS 1. Name: Permanent Waterline Easement Grantor: TRC Oswego Village, LLC, an Oregon limited liability company Grantee: City of Lake Oswego, an Oregon municipal corporation Entered: January 5, 2016 Awarded pursuant to a Stipulated Final General Judgment signed on December 31, 2015, by Circuit Court Judge Michael C. Wetzel, and entered on January 5, 2016, in the matter of The City of Lake Oswego, an Oregon municipal corporation vs. TRC Oswego Village, LLC, and Clackamas County Circuit Court Case No. CV15030140, and described on the attached Exhibit A-1. 2. Name: Permanent Subsurface Waterline Easement Grantor: Jolyn of Gladstone, LLC, an Oregon limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 16, 2013 Recording Date: July 29, 2013 Recording No.: 2013-052971, Clackamas County Official Records As amended by Name: First Amendment to Permanent Subsurface Waterline Easement Grantor: Jolyn of Gladstone, LLC, an Oregon limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 7, 2015 Recording Date: July 9, 2015 Recording No.: 2015-044771 3. Name: Permanent Subsurface Waterline Easement Grantor: Mike Rails, LLC, a Washington limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 3, 2013 Recording Date: July 29, 2013 Recording No.: 2013-052970 As amended by Name: First Amendment to Easement Grantor: Mike Rails, LLC, a Washington limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 3, 2015 Recording Date: July 9, 2015 Recording No.: 2015-044772, Clackamas County Official Records Page 1 of 5 EXHIBIT 5 Lake Oswego Tigard Water Project SUMMARY OF EASEMENTS 4. Name: Easement for Vegetation and Fence Grantor: Liselotte Scheu Grantee: City of Lake Oswego, a Municipal Corporation Dated: May 6, 2015 Recording Date: May 13, 2015 Recording No.: 2015-027989, Clackamas County Official Records 5. Name: Permanent Waterline Easement Grantor: Mid-Century Apartments, LLC, an Oregon limited liability company, as to an undivided 85% interest, and Bay Roc Oswego RE, LLC, an Oregon limited liability company, as to an undivided 15% interest Grantee: City of Lake Oswego, a Municipal Corporation Dated: April 24, 2015 Recording Date: May 5, 2015 Recording No.: 2015-026086, Clackamas County Official Records 6. Name: Permanent Waterline Easement Grantor: Oswego Lender, LLC, a Delaware limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: February 13, 2015 Recording Date: February 19, 2015 Recording No.: 2015-008553, Clackamas County Official Records 7. Name: Permanent Waterline Easement Grantor: Julia A. Delacour,Trustee under the Julia Delacour Revocable Living Trust dated the 13th day of April, 1992 Grantee: City of Lake Oswego, a Municipal Corporation Dated: February 3, 2015 Recording Date: February 5, 2015 Recording No.: 2015-006127, Clackamas County Official Records 8. Name: Permanent Waterline Easement Grantor: Lake Oswego Hunt, Inc. Grantee: City of Lake Oswego, a Municipal Corporation Dated: December 19, 2014 Recording Date: January 8, 2015 Recording No.: 2015-000965, Clackamas County Official Records 9. Name: Permanent Surface and Subsurface Easement Grantor: State of Oregon, by and through its Parks and Recreation Department Grantee: City of Lake Oswego, a Municipal Corporation Dated: December 9, 2013 Recording Date: January 23, 2014 Recording No.: 2014-003127, Clackamas County Official Records Page 2 of 5 EXHIBIT 5 Lake Oswego Tigard Water Project SUMMARY OF EASEMENTS 10. Name: Permanent Surface and Subsurface Easement Grantor: State of Oregon, by and through its Parks and Recreation Department Grantee: City of Lake Oswego, a Municipal Corporation Dated: December 9, 2013 Recording Date: January 23, 2014 Recording No.: 2014-003128, Clackamas County Official Records 11. Name: Permanent Waterline Easement Grantor: City of Gladstone, a Municipal Corporation Grantee: City of Lake Oswego, a Municipal Corporation Dated: October 15, 2013 Recording Date: November 15, 2013 Recording No.: 2013-077327, Clackamas County Official Records 12. Name: Permanent Waterline Easement Grantor: School District No 106 as to the portion of those tracts of land conveyed by deed recorded at Book 225, Page 358, Clackamas County deed records and Lake Grove School District 106 as to the portion of those tracts of land conveyed by deed recorded at Book 434, Pages 473 and 477, Clackamas County deed records, Clackamas County, Oregon, a municipal corporation Grantee: City of Lake Oswego, a Municipal Corporation Dated: November 8, 2012 Recording Date: December 7, 2012 Recording No.: 2012-080698, Clackamas County Official Records 13. Name: Easement No. 50653-EA S&S Pipeline Grantor: State of Oregon, by and through its Department of State Lands Grantee: City of Lake Oswego Dated: October 10, 2012 Recording Date: November 9, 2012 Recording No.: 2012-074058, Clackamas County Official Records 14. Name: Pipeline Easement Grantor: State of Oregon through its State Highway Commission Grantee: City of Lake Oswego Dated: March 5, 1968 Recording Date: March 18, 1968 Recording No.: 68-4808 15. Name: Pipeline Easement Grantor: Mary S. Young Grantee: City of Lake Oswego Dated: February 23, 1968 Recording Date: March 18, 1968 Recording No.: 68-4809 Page 3 of 5 EXHIBIT 5 Lake Oswego Tigard Water Project SUMMARY OF EASEMENTS 16. Name: Permanent Waterline Easement Grantor: PACA Properties, L.L.C., an Oregon limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: January 29, 2015 Recording Date: January 30, 2015 Recording No.: 2015-006705, Official Records of Washington County, Oregon Page 4 of 5 EXHIBIT 5 Lake Oswego Tigard Water Project SUMMARY OF EASEMENTS EXHIBIT A-1 City of Lake Oswego September 4, 2014 Water Pipeline Easement Lake Oswego Work Order Number 120 °SEC Project No 625-003-21E10AA-4100, 4200, 4300, 4390 & 4900 Permanent Waterline easement A tract of land in the Northeast One-Quarter of Section 10, Township 2 South, Range 1 East of the Willamette Meridian, Cy of Lake Oswego, Clackamas County, Oregon, being a portion of that real property conveyed to TRC Oswego Village, LLC, a Delaware limfted liability company by Statutory Special Warranty Deed recorded as Document No. 2013-070130, Clackamas County Deed Records, being more particularly described as follows: Commencing at the southeast corner of Lot 1, Block 7, 'Plat of Oswego,"Clackamas County Plat Records, said point being on the northerly right of way line of Leonard Street: Thence, along said northerly right of way line. South 81°06'52" East, 29.13 feet to the True Point of Beginning; Thence, leaving Said northerty right of way line, North 9°015'1 " East, 219.21 feet; Thence North 38°06'52" West, 11.35 feet; Thence North 81°0652" West, 125.66 feet; Thence North 59°5516" West, 40.33 feet; Thence North 81°07'47- West, 92 56 feet; Thence North 9°5055" East, 252.84 feet to the northerly line of the herein referenced real property; Thence, along said northerly line. South 81°09;06" East, 25.01 feet Thence, leaving said northerly line, South 950'55" West, 227.90 feet; Thence South 61°07'47East, 57.44 feet: Thence South 69°55'16' East, 40.02 feet, Thence South 81°0652" East, 158,81; Page 5 of 5 EXHIBIT 5 Lake Oswego Tigard Water Project SUMMARY OF EASEMENTS 1. Name: Permanent Waterline Easement Grantor: TRC Oswego Village, LLC, an Oregon limited liability company Grantee: City of Lake Oswego, an Oregon municipal corporation Entered: January 5, 2016 Awarded pursuant to a Stipulated Final General Judgment signed on December 31, 2015, by Circuit Court Judge Michael C. Wetzel, and entered on January 5, 2016, in the matter of The City of Lake Oswego, an Oregon municipal corporation vs. TRC Oswego Village, LLC, and Clackamas County Circuit Court Case No. CV15030140, and described on the attached Exhibit A-1. 2. Name: Permanent Subsurface Waterline Easement Grantor: Jolyn of Gladstone, LLC, an Oregon limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 16, 2013 Recording Date: July 29, 2013 Recording No.: 2013-052971, Clackamas County Official Records As amended by Name: First Amendment to Permanent Subsurface Waterline Easement Grantor: Jolyn of Gladstone, LLC, an Oregon limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 7, 2015 Recording Date: July 9, 2015 Recording No.: 2015-044771 3. Name: Permanent Subsurface Waterline Easement Grantor: Mike Ralls, LLC, a Washington limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 3, 2013 Recording Date: July 29, 2013 Recording No.: 2013-052970 As amended by Name: First Amendment to Easement Grantor: Mike Ralls, LLC, a Washington limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: July 3, 2015 Recording Date: July 9, 2015 Recording No.: 2015-044772, Clackamas County Official Records Page 1 of 5 EXHIBIT 5 Lake Oswego Tigard Water Project SUMMARY OF EASEMENTS 4. Name: Easement for Vegetation and Fence Grantor: Liselotte Scheu Grantee: City of Lake Oswego, a Municipal Corporation Dated: May 6, 2015 Recording Date: May 13, 2015 Recording No.: 2015-027989, Clackamas County Official Records 5. Name: Permanent Waterline Easement Grantor: Mid-Century Apartments, LLC, an Oregon limited liability company, as to an undivided 85% interest, and Bay Roc Oswego RE, LLC, an Oregon limited liability company, as to an undivided 15% interest Grantee: City of Lake Oswego, a Municipal Corporation Dated: April 24, 2015 Recording Date: May 5, 2015 Recording No.: 2015-026086, Clackamas County Official Records 6. Name: Permanent Waterline Easement Grantor: Oswego Lender, LLC, a Delaware limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: February 13, 2015 Recording Date: February 19, 2015 Recording No.: 2015-008553, Clackamas County Official Records 7. Name: Permanent Waterline Easement Grantor: Julia A. Delacour,Trustee under the Julia Delacour Revocable Living Trust dated the 13th day of April, 1992 Grantee: City of Lake Oswego, a Municipal Corporation Dated: February 3, 2015 Recording Date: February 5, 2015 Recording No.: 2015-006127, Clackamas County Official Records 8. Name: Permanent Waterline Easement Grantor: Lake Oswego Hunt, Inc. Grantee: City of Lake Oswego, a Municipal Corporation Dated: December 19, 2014 Recording Date: January 8, 2015 Recording No.: 2015-000965, Clackamas County Official Records 9. Name: Permanent Surface and Subsurface Easement Grantor: State of Oregon, by and through its Parks and Recreation Department Grantee: City of Lake Oswego, a Municipal Corporation Dated: December 9, 2013 Recording Date: January 23, 2014 Recording No.: 2014-003127, Clackamas County Official Records Page 2 of 5 EXHIBIT 5 Lake Oswego Tigard Water Project SUMMARY OF EASEMENTS 10. Name: Permanent Surface and Subsurface Easement Grantor: State of Oregon, by and through its Parks and Recreation Department Grantee: City of Lake Oswego, a Municipal Corporation Dated: December 9, 2013 Recording Date: January 23, 2014 Recording No.: 2014-003128, Clackamas County Official Records 11. Name: Permanent Waterline Easement Grantor: City of Gladstone, a Municipal Corporation Grantee: City of Lake Oswego, a Municipal Corporation Dated: October 15, 2013 Recording Date: November 15, 2013 Recording No.: 2013-077327, Clackamas County Official Records 12. Name: Permanent Waterline Easement Grantor: School District No 106 as to the portion of those tracts of land conveyed by deed recorded at Book 225, Page 358, Clackamas County deed records and Lake Grove School District 106 as to the portion of those tracts of land conveyed by deed recorded at Book 434, Pages 473 and 477, Clackamas County deed records, Clackamas County, Oregon, a municipal corporation Grantee: City of Lake Oswego, a Municipal Corporation Dated: November 8, 2012 Recording Date: December 7, 2012 Recording No.: 2012-080698, Clackamas County Official Records 13. Name: Easement No. 50653-EA S&S Pipeline Grantor: State of Oregon, by and through its Department of State Lands Grantee: City of Lake Oswego Dated: October 10, 2012 Recording Date: November 9, 2012 Recording No.: 2012-074058, Clackamas County Official Records 14. Name: Pipeline Easement Grantor: State of Oregon through its State Highway Commission Grantee: City of Lake Oswego Dated: March 5, 1968 Recording Date: March 18, 1968 Recording No.: 68-4808 15. Name: Pipeline Easement Grantor: Mary S. Young Grantee: City of Lake Oswego Dated: February 23, 1968 Recording Date: March 18, 1968 Recording No.: 68-4809 Page 3 of 5 EXHIBIT 5 Lake Oswego Tigard Water Project SUMMARY OF EASEMENTS 16. Name: Permanent Waterline Easement Grantor: PACA Properties, L.L.C., an Oregon limited liability company Grantee: City of Lake Oswego, a Municipal Corporation Dated: January 29, 2015 Recording Date: January 30, 2015 Recording No.: 2015-006705, Official Records of Washington County, Oregon Page 4 of 5 EXHIBIT 5 Lake Oswego Tigard Water Project SUMMARY OF EASEMENTS EXHIBIT A-1 City of Lake Oswego September 4, 2014 Water Pipeline Easement Lake Oswego Work Order Number 120 OBEC Project No 625-003-21E10AA-4100, 4200, 4300, 4390 & 4900 Permanent Waterline Easement A tract of land in the Northeast One-Quarter of Section 10, Township 2 South, Range 1 East of the Willamette Meridian, City of Lake Oswego, Clackamas County, Oregon, being a portion of that real properly conveyed to TRC Oswego Village, LLC, a Delaware limited liability company by Statutory Special Warranty Deed recorded as Document No. 2013-070130, Clackamas County Deed Records, being more particularly described as follows: Commencing at the southeast corner of Lot 1, Block 7, 'Plat of Oswego," Clackamas County Plat Records, said point being on the northerly right of way line of Leonard Street; Thence, along said northerly right of way line, South 81'06'52" East, 29.13 feet to the True Point of Beginning; ThVTE, leaving Saici northerly right of way line, North 9=0619" East, 219.21 feet; Thence North 3606'52" West, 11.35 feet; Thence North 81°06'52West, 125.66 feet; Thence North 69°55'16" West, 40.33 feet; Thence North 81'07'47" West, 92 56 feet; Thence North 9=5055" East, 22.84 feet to the northerly line of the herein referenced real property; Thence, along said northerly line. South El°08'06" East, 25.0'1 feet; Thence, leaving said northerly line, South 9°50'55" West, 227.90 feet; Thence South e1o7'47" East, 67.44 feet; Thence South 69°5516" East, 40.02 feet; Thence South 81°0652" East, 158.81; Page 5 of 5 NEW DRAFT EXHBIT 6 SUPPLY FACILITIES AND PROPERTY November2022 Asset Tax Map Tax Lot Clackamas Co.Deed Clackamas River Intake and Pump Station 2 2E20C A 15001 Bk 173, Pg 900-902 Clackamas River Intake Land* Computer System/Software Finished Water Transmission General Plant Raw Water Transmission Waluga Reservior Waluga Reservoir:Land(1) Reservoir Propery 2 1E 07 AD 03100 Doc 72-06414 Waluga Res#1 * 2 1E 07 AD 00700 Doc 76-36977 4800 Carmen Dr* 2 1E 07 AD 00900 Doc 92-063461 Vacant Parcel* 2 1E 07 AD 01000 Doc 92-063461 Water Treatement Plant Water Treatment Plant Land 4260 Kenthorpe Way-parcel 1* 2 1E 24BD 00300 Bk 688, Pg 581 4260 Kenthorpe Way-parcel 2* 2 1E24BD 00401 Doc 79-35248 4245 Mapleton Dr. * (RMV) 2 1E 24BD 01200 Doc 89-10200 4305 Mapleton Dr.* (RMV) 2 1E 24BD 01300 Doc 95-33429 4315 Mapleton Dr.* (RMV) 2 1E 24BD 01400 Doc 89-13210 xxxx Mapleton Dr.* (RMV) 2 1E 24BD 01500 Doc 89-13210 EXHIBIT 7 SUPPLY FACILITY OWNERSHIP November 2022 Lake Oswego Tigard Allocation Allocation PROJECT COSTS Water Treatment Plant (38 mgd Expansion) 37.16% 62.84% River Intake Pump Station 20/38 18/38 Raw Water Pipeline 20/38 18/38 Finished Water Pipeline WTP to South Side of Oswego Lake 20/38 18/38 Southside of Oswego Lake to North side of Oswego Lake 12/30 18/30 North side of Oswego Lake to Waluga Reservoir ** 0% 100% Waluga Reservoir to Bonita Pumping Station 0% 100% Waluga Reservoir#2 1.7/3.5 1.8/3.5 Bonita Pumping Station 0% 100% Waluga Reservoir#1- Roof Replacement 50%% 50% PROGRAM COSTS Program Management, Permitting, Construction 38.20% 61.80% Management Sponsor/Staff Cost (wages,transfer, materials& services, 38.20% 61.80% testing) SCADA System Services 38.20% 61.80% Legal, Land Use/ROW and Other Professional Services 38.20% 61.80% Construction Contingency 38.20% 61.80% TOTAL COSTS 38.20 % 61.80% ** Lake Oswego half of cost to upsize this reach of FWO to 36-inch so that exiting 18-inch ca be retired, otherwise LO pays 0%of new pipe in this reach. NEW EXHIBIT 8 THIS WILL BE A METHODOLOGY EXHIBIT, DERIVED FROM DECEMBER 2017 FCS MEMO MORE TO FOLLOW EXHIBIT 9 AMENDED AND RESTATED • INTERGOVERNMENTAL COOPERATIVE AGREEMENT FOR WATER SYSTEM 1NTERTIE BETWEEN THE SOUTH FORK WATER BOARD,THE CITY OF LAKE OSWEGO,THE CITY OF TIGARD AND THE CITY OF WEST LINN This Agreement is made and entered into by and between the South Fork Water Board, an intergovernmental entity created pursuant to ORS Chapter 190, serving as a water supply agency and jointly owned and operated by the Cities of Oregon City and West Linn, hereinafter referred to as "Board,"and the City of Lake Oswego,an Oregon municipal corporation, hereinafter referred to as"Lake Oswego" and the City of West Linn, an Oregon municipal corporation, hereinafter referred to as "West Linn," and the City of Tigard, an Oregon Municipal Corporation, hereinafter referred to as "Tigard," all hereinafter collectively referred to as the "Parties." RECITALS The Parties agree upon the following recitals: 1. The Board,West Linn and Lake Oswego entered into an intergovernmental cooperative agreement in 1984 to provide for the construction, operation and maintenance of an emergency water system intertie between the water supply system of the Board and West Linn and the water supply system of Lake Oswego. 2. The facilities as described in the 1984 agreement,which are located near the intersection of Old River Road and Kenthorpe Way in West Linn,were constructed and the intertie became operable in that same year. 3. The intertie has been utilized periodically since 1984 during emergencies and scheduled shut- downs to provide water supply between the Board,West Linn and Lake Oswego. 4. After the construction of the intertie,West Linn, Lake Oswego and the Board jointly funded,and West Linn constructed, a pump station on Old River Road near its intersection with Kenthorpe Way to provide for automatic and unattended operation of the intertie. 5. The intertie, pump station and appurtenant facilities provide benefit to all of the Parties to this agreement. 6. Lake Oswego and Tigard entered into an intergovernmental cooperative agreement that conveys an ownership interest in the existing water supply facilities that supply emergency water to West Linn and Board, and provides for construction of new water supply facilities including an expanded water treatment plant and raw and finished water pipelines to supply Lake Oswego and Tigard's long term water needs. 7. The changes in ownership and anticipated facilities expansion called for in the intergovernmental agreement between Lake Oswego and Tigard necessitate amending the existing water system intertie agreement and adding Tigard to the agreement. 1 8. The Parties desire that this agreement supersede and replace the 2003 agreement. 9. The Parties acknowledge that they have the authority to execute this cooperative intergovernmental agreement pursuant to the terms of their respective municipal charters and pursuant to ORS 190.010 et seq. NOW THEREFORE,in consideration of the mutual covenants and agreements contained herein, it is agreed by and between the Parties hereto as follow; 1. "Water Supply Facilities" Defined.As used herein,the term"water supply facilities" means river intake, raw and finished pumping facilities,water treatment facilities, water storage facilities, and all other infrastructure used in conjunction with the appropriation,treatment,storage or transmission of the Parties'water. 2. "Emergency Condition" Defined.An "emergency condition"is an occurrence created by a failure of a Party's water supply facilities,or the occurrence of an event that jeopardizes a Party's water quality, whereby insufficient supply of water to the Party's customers could threaten the health or safety of those customers.Such failure includes failure or interruption in the operation of river intakes,raw and finished water pumping facilities,water treatment facilities, raw and finished water pipelines, reservoirs, and appurtenant facilities. "Emergency condition" does not include a situation that involves the loss of water pressure or diminution in water volume in a water distribution system during periods of high demand if the system remains in a normal operational mode or a reduction in available water resulting from regulatory action by a state or federal agency. 3. Use of Water intertie. a. Emergency Conditions. Use of the water intertie during an emergency condition may be accomplished by the mutual consent of the Executive Officer of each Party or the Executive Officer's designee. b. Non-Emergency Conditions Less Than Two Weeks. Temporary use of the intertie for a period less than two weeks during scheduled maintenance and repair may be accomplished by the mutual consent of the Executive Officer of each Party or the Executive Officer's designee. c. Non-Emergency Conditions Greater Than Two Weeks. Prolonged use of the intertie for more than two weeks during scheduled maintenance and repair must be approved by the Executive Officer of each Party. 4. Location and Description of Water System Intertie.The water system intertie and pump station facility is located at 20225 Old River Road. Supply to the pump station from Lake Oswego/ Tigard is from a connection to Lake Oswego's finished water transmission main. The pipeline connection between Lake Oswego's finished water transmission main and the intertie pump station is under the exclusive ownership and control of West Linn. The pump station and related valves and control systems allow the intertie to be used on a continuous and automatically controlled basis in both directions of supply, i.e. Board/West Linn to Lake Oswego/Tigard and Lake Oswego/Tigard to West Linn/Board.The pump station includes flow, pressure control, metering and telemetry facilities,and a connection for providing emergency power supply.The pump station, along with the facilities and appurtenances associated with it, 2 and any modifications thereto,constitute the water system intertie that is the subject of this agreement. 5. Title to Intertie Facilities.Title to the water system intertie facilities as described above in Paragraph 4 and the obligation to insure them shall be in the name of West Linn.Title to the property occupied by the intertie pump station will be in the name of West Linn. 6. Method of Water Supply Through Intertie.Supply to Lake Oswego and Tigard from the Board and West Linn will be by gravity through the piping,metering,flow and pressure control facilities associated with the intertie pump station.Supply to West Linn and the Board from Lake Oswego and Tigard will be accomplished by pumping from Lake Oswego's water system through the intertie pump station into West Linn's system. Instrumentation,control and telemetry systems in the station are under the primary control of West Linn. Lake Oswego has installed additional instrumentations, control and telemetry systems that provide for pump station status indication and additional control functions. West Linn will prepare and update as necessary an operating plan for the intertie pump station and appurtenant facilities and provide copies of same to the Board, Lake Oswego and Tigard. 7. Quantity of Water to be Supplied. Upon agreement between the Parties to make use of the intertie pursuant to Paragraph 3 of this Agreement,the Party supplying water shall endeavor to supply the amount of water requested by the other Party,and take all reasonable actions necessary to accomplish the same, so long as such actions are not detrimental to the operation of the supplying Party's own water system. Provided that Lake Oswego's supply facilities are expanded to a treatment capacity of 38 million gallons per day(mgd), Lake Oswego and Tigard can provide West Linn and Board with up to 4 mgd through at least 2041. 8. Cost of Water to be Supplied.The Parties agree to pay for all water provided through the intertie at a rate that is the greater of: a. The rate being paid by West Linn to South Fork for wholesale water; or b. The cost to Lake Oswego and Tigard to produce and deliver water to the inlet side of the intertie pump station,which in the first year of operation of the expanded treatment plant is estimated to be$0.95 per 100 cubic feet. The volume of water delivered shall be measured by the meter installed at the intertie pump station.The Parties have the right at any time to review rates for water supplied and make such adjustments to the cost of water provided, as they deem necessary and by mutual agreement of all Parties. In the event it is necessary for the Party supplying water through the intertie to obtain additional water from a water provider that is not a party to this agreement,the water rate charged to the Party receiving water under this agreement shall be the water rate charged to the supplying Party by the non-party water provider.The Parties further agree that water utilized for periodic testing and exercising of the facilities will be furnished between the Parties without cost. In addition to the rate charged for water, the Parties by mutual agreement reserve the right to impose wheeling charges. 3 9. Operation and Maintenance Costs. Lake Oswego and Tigard agree to supply the water used to exercise the intertie pumps at a rate of approximately 500 gallons per minute for one hour each week at no cost to West Linn or the Board. The Parties agree that West Linn, as the owner of the intertie facilities,is responsible for all other costs of the normal day-to-day operation and maintenance of the facilities. 10. Repairs, Renewals, Replacements, Upgrading and Modifications. The Parties agree that West Linn, as the owner of the intertie facilities, will be responsible for scheduling, contracting for and implementing any repairs, renewals, replacements, upgrading and modifications that may be required in the future to maintain or increase the function of the facilities. a. Cost of Repairs. West Linn shall be responsible for the cost of all repairs,except that Lake Oswego and Tigard agree to pay 50%of the cost of any repairs necessary to those facilities that benefit Lake Oswego and Tigard.Those facilities are defined as the piping, valves,vaults,metering, instrumentation and control systems, and appurtenant facilities that are used to provide water to Lake Oswego and Tigard from West Linn and the Board. b. Cost of Capital Improvements. The cost of any capital improvements or improvements that increase the function of the facilities will be shared in an equitable manner, based upon the benefit to be derived from each Party from each particular period. 11. Access to Water System Intertie Facilities. The Parties and their employees shall have access to the water system intertie facilities. 12. Agreement Not to Resell Water Without Consent. Except for existing wholesale customers or mutual aid agreements,the Parties agree that they will not resell water supplied under the terms of this agreement without prior written consent of all Parties. 13. Supersedes Prior Agreement, The Parties agree that this agreement supersedes and replaces the prior agreement executed in October(Lake Oswego), November(Board) and December (West Linn), 2003. 14. Amendment Provisions. The terms of this agreement may be amended by mutual agreement of the Parties.Any amendments shall be in writing,shall refer specifically to this agreement, and shall be executed by the Parties. 15. Termination of Agreement.This agreement shall remain in perpetuity until such time as it is terminated by the mutual written consent of all Parties. Termination of this agreement shall not affect ownership status of the water system intertie facilities hereinabove described. 16. Written Notices.All written notices required under this agreement shall be sent to: South Fork Water Board: General Manager South Fork Water Board 15962 S. Hunter Avenue Oregon City, Oregon 97045 4 City of Lake Oswego: City Manager City of Lake Oswego P.O. Box 369 Lake Oswego, Oregon 97034 City of Tigard City Manager 13125 SW Hall Blvd Tigard,Oregon 97223 City of West Linn: City Manager City of West Linn 22500 Salamo Road West Linn, Oregon 97068 17. Dispute Resolution: If a dispute arises between the Parties regarding this Agreement, the Parties shall attempt to resolve the dispute through the following steps: Step One (Negotiation) The Executive Officer or other persons designated by each of the disputing Parties will negotiate on behalf of the entity they represent.The nature of the dispute shall be reduced to writing and shall be presented to each Executive Officer,who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step,there shall be a written determination of such resolution, signed by each Executive Officer and ratified by their respective Board or Council, which shall then be binding upon the Parties. Step Two(Mediation) If the dispute cannot be resolved within thirty(30) days at Step One,the parties shall submit the matter to non-binding mediation.The Parties shall attempt to agree on a mediator. If they cannot agree,the Parties shall request a list of five (5) mediators from the Presiding Judge of the Clackamas County Circuit Court.The Parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree,the mediator will be selected by the Presiding Judge of Clackamas County Circuit Court.The cost of the mediator shall be borne equally between the Parties, but each Party shall otherwise be responsible for its own costs and fees. If the issue is resolved at this step,a written determination of such resolution shall be signed by each Executive Officer and ratified by their respective Board or Council. Step Three (Arbitration) If the Parties are unsuccessful at Steps One and Two,the dispute shall be resolved by binding arbitration proceedings pursuant to ORS Chapter 36. The Parties shall follow the same process as in Step Two for the selection of the arbitrator. Upon breach of this agreement,the nondefaulting Parties shall be entitled to all legal or equitable remedies available, including injunctive relief, declaratory judgment, specific performance and termination. Each party shall be responsible for its own attorney fees and costs. 5 IN WITNESS WHEREOF,the Parties have set their hands and affixed their seals as of the date and year hereinabove written. Board has acted in this matter pursuant to Resolution No. adopted on the day of Novi-Y-A3`4-it 2013,or by any other acceptable means. Lake Oswego has acted in this matter pursuant to Resolution adopted on the 1 day of e . , 2013,or by any other acceptable means. West Linn has acted in this matter pursuant to Resolution No. / adopted on the \Si— day of t'Jr t " "-!2013, or by any other acceptable means. Tigard has acted in this matter pursuant to Resolution No. ' adopted on the , day of Li-A/1,1 2013,or by any other acceptable means. South Fork Water Board, by and through its officials APPROVED TO FOR 7-6j By: 1"0G�„;9 � � BY: ;;,. 1�1 Dou Neeleyr'Vic Chair J Chri Crean,Attorney City of Lake Oswego, APPROVED AS TO FOR by and through its o i ials BY: `/�,.E1/Li Cl r �- By: ALL( Kent Studebaker, Mayor David Powell, City Attorney Attest: /�.�,//, 1.1_•.t.1 Catherine Schneider; ty Recorder City of West Linn, APPROVED AS TO FORM by and.through its officials � � k, BY: - t (�� ti.ihj JonpiKovash, MriFfMegan Thornton,Assistant City Attorney Attest: Kathy Mollu�ity, Recorder City of Tigard APPROVED AS TO FORM by an hro g t iaals By � By: John L.c5ok, Mayor Tamis,Atto ey v1 Attest; 71,-171:, 1A;1\y A L Cathy Wheatley, City Recorder 6 AIS-5091 8. Business Meeting Meeting Date: 11/01/2022 Length(in minutes): 30 Minutes Agenda Title: Charter Review Committee Application Discussion Authored By: Jesse Raymundo Presented By: City Attorney Shelby Rihala and Deputy City Recorder Jesse Raymundo Item Type: Receive and File Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE This is Council's third discussion of the upcoming Charter Review Committee.As part of the selection process,Council will receive and review applications for the Charter Review Committee,with the goal of collectively appointing 10 individuals at the November 22,2022 Council meeting to serve on the committee. ACTION REQUESTED Staff requests that Council receives 19 applications for the Charter Review Committee.This is also an opportunity to ask questions and provide input regarding the application process prior to the appointment of members on the November 22,2022 Council meeting.Though time is scheduled on November 22nd,Council could also decide to appoint members tonight if ready. BACKGROUND INFORMATION With input from Council on the September 13,2022 Council meeting,City teammates finalized the Charter Review Committee membership structure and recruitment plan. The Committee will be made up of ten public members who own a business or live,work,or play in the City of Tigard,plus the City Recorder. Specifically,the membership will include: •Six community members,with no more than two being non-residents.Those two could be property owners, business owners,or people who live/work/play in Tigard •One youth representative from a local high school •Three elected City of Tigard officials (both former and current are eligible) •Two designated non-voting alternates The City created an online application form and webpage to provide background and details of the Charter Review Committee.The application went live on September 14,2022 and concluded on October 17,2022 at 5:00 p.m.The City conducted extensive outreach throughout this period including: •Sent personal invites to former elected officials. •Contacted the 101 people who responded to the Charter survey earlier in the year. •Set up a booth at El Tigre Fest to connect with attendees. •Shared information at the Tigard Farmers Market. •Highlighted in the City newsletter and recreation newsletter which was sent to 33,405 email addresses. •Included in the Engage Tigard newsletter which was sent to 634 community members. •Promoted on the reader board outside of City Hall. •Featured in a Tigard Life advertisement which was sent to all Tigard addresses. •Posted on the City's Facebook page (8,942 followers),Twitter account(7,911 followers),Instagram (3,862 followers),and Nextdoor. •Shared on the All Things Tigard Facebook group (6,411 members). •Worked with the Tigard Library to display books related to the constituent along with info about the Charter Review Committee. •Discussed at the Mayor's Fireside Chat at La Real Taqueria. •Shared with the Community Roundtable and Committee for Community Engagement. In total, 19 individuals applied for the Charter Review Committee.A list of applicants and the completed applications are provided as attachments to this Agenda Item Summary. Dates of Previous and Potential Future Considerations November 22,2022-Appoint Charter Review Committee Members September 13,2022-Council was presented with the membership structure and recruitment plan and offered its input August 9,2022-Council was briefed on the Charter Review Committee Public Involvement The goal of the proposed committee structure is to couple expertise and familiarity with Tigard's governance with diverse perspectives from the Tigard community. Extensive outreach was executed,which included consistent announcements on the City website,social media pages,email newsletters,media outlets,word-of-mouth,and in-person at the City's El Tigre event. Impacts (Community, Budget,Policies and Plans/Strategic Connection) Essentially acting as the City's constitution,the Charter governs numerous functions of the City's government,ranging from the form of government and elections to the powers of City officers. The City's Charter was originally adopted in 1962. It may only be amended by a public vote and,while some sections have changed over time,there has not been a comprehensive review of the Charter. The intent is to engage in a public process to review the provisions of the City's Charter and make recommendations,ultimately culminating in a referral to the voters at an upcoming election. ALTERNATIVES & RECOMMENDATION Though time is scheduled on November 22nd,Council could also decide to appoint members tonight if ready. ADDITIONAL RESOURCES Attachments List-Charter Review Committee Applicants Charter Review Committee Applications CHARTER REVIEW COMMITTEE APPLICANTS (10 positions available*) COMMUNITY MEMBERS (6 positions available) Buehler, Gabriel Doherty, Margaret Emerson, Karen Fenton, Holly (Nonresident, works in Tigard) Fortner, Margarita Jackson, Nathan Lamer, Gerlinde Lawson, Derek Lofgren, Patty Murphy, Lindsey Pinto, Zeena Sarah Hunt, Pasha Simpson, William T Specht, Dolly Thompson, Deborah YOUTH REPRESENTATIVE (1 position available) Vogel, Madeline ELECTED OFFICIALS (3 positions available) Cook, John Shaw, Jeannette Snider, Jason *2 additional applicants will be designated non-voting alternates Charter Review Committee Application Discussion - November 1, 2022 Tigard Council Meeting 10/18/22,12:29 PM Charter Review Committee Application View results Respondent 2 Anonymous 21:05 Time to complete 1. Full Name Gabriel Buehler 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? City of Tigard website 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. I grew up in Tigard and now have my own family of 5 here.I only left Tigard to join the Marines after September 11 but came back to make my life here.I want to help in the process of shaping how the city will be conducted for the future of my children that will one day hopefully have their own families here in Tigard.It is important to me to leave it better for the next generation and progress into the future. 8. What prompted you to apply to the Charter Review Committee? As I am getting older with kids I would like to set an example as a positive member of my community. https://forms.office.com/Pages/DesignPageV 2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim I v06DdmGxUQUJRUTBNRVBSMzRLV zg 1U... 1/2 10/18/22,12:29 PM Charter Review Committee Application 9. What do you hope to achieve while serving on the Charter Review Committee? a help shape our community for the future. 10. What kind of support would make it easier for you to participate? Communication is key to any success. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? My kids play sports and I help coach on teams,church,home school groups.Social media,email,and word of mouth. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088Xpfkyf J8ejyp9w97j5krH3ACJDim1vO6DdmGxUQUJRUTBNRVBSMzRLVzg1U... 2/2 10/18/22,12:32 PM Charter Review Committee Application View results Respondent 12 Anonymous 08:1 8 Time to complete 1. Full Name John Cook 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? Social Media 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. Growing up in Tigard,and in Tigard politics,I have seen the charter change multiple times over the years.It needs to be streamlined and understandable to the average citizen.Knowing the background of the charter amendments gives me knowledge that most would not have. 8. What prompted you to apply to the Charter Review Committee? Wanting to simplify and make it easier for citizens to understand the city charter.City staff reached out to me and suggested that I might be helpful for the other members of the committee. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim1vO6DdmGxUQUJRUTBNRVBSMzRLVzg1 U... 1/2 10/18/22,12:32 PM Charter Review Committee Application 9. What do you hope to achieve while serving on the Charter Review Committee? Creating an understanding charter that can be passed by citizens that they can understand.Give my historical viewpoints of why the previous charter amendments were even put there in the first place. 10. What kind of support would make it easier for you to participate? N/A 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? Tigard Chamber of Commerce,Westside Economic Alliance and Westside Profess'onal Business Associates.I'm on multiple committees,and will fill them in monthly during our meetings. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=designdd=c72088XpfkyfH8ejyp9w97j5krH3ACJDim1vO6DdmGxUQUJRUTBNRVBSMzRLVzglU... 2/2 10/18/22,12:30 PM Charter Review Committee Application View results Respondent 4 Anonymous 1 7:04 Time to complete 1. Full Name Margaret Doherty 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? emails and web site 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. I have been a Tigard resident since 1989.During that time i have been involved in everything from a library volunteer to 8 years on the planning commission and 11 years as the State Representative for Tigard.I have always been impressed with the way the city and the elected officials make sure they have input from the community.This should continue.i know the inter workings of govemments and I think that will be an asset to this Committee. https://forms.office.com/Pages/DesignpageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRVBSMzRLVzg 1U... 1/2 10/18/22,12:30 PM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? The Charter came to the forefront when there was a question as to whether or not the Mayor could run for re-election came up.The Charter needs to be very clear about these kinds of issues. 9. What do you hope to achieve while serving on the Charter Review Committee? Update and upgrade the areas in the Charter that need it. 10. What kind of support would make it easier for you to participate? Background information and information and input from staff. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? T am currently not on any formal city committees,but have extensive outreach to many community and other groups that would be affected by a city charter.The best way to engage the groups I am involved with is one to one communication and to know i am always open for questions and meetings. https://forms.office.com/Pages/DesignPageV 2.aspx?subpage=design&id=c72088XpfkyfH8ejyp9w97j 5krH3 ACJDim 1 vO6DdmGxUQUJRUTBNRV BSMzRLV zg 1 U... 2/2 10/18/22,12:33 PM Charter Review Committee Application View results Respondent 17 Anonymous 157:23 Time to complete 1. Full Name Karen Emerson 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? City of Tigard engagement email 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. As a Tigard Tualatin school board member,I participated in a complete policy review that took over 3 years.I enjoyed diving into the details to understand each policy,and to suggest edits where topics were unclear.The process required reviewing several policies each week,and even though the work was not glamorous, I knew that it was important and that I was making a difference.I would bring that same level of attention to detail and creative suggestions to this Charter review process. https://fonns.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim1 vO6DdmGxUQUJRUTBNRVBSMzRLVzg IU... 1/2 10/18/22,12:33 PM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? I was someone who commented on the break in service issue,and I did so because the language was vague.I firmly believe that official documents need to"say what you mean,and mean what you say."I hope to resolve the break issue and to remove any dated language that isn't correct or isn't being followed or en`orced. 9. What do you hope to achieve while serving on the Charter Review Committee? I hope that we can end with a document that is crystal clear,complete,and forward-looking. 10. What kind of support would make it easier for you to participate? I appreciate materials being shared prior to each meetno so that they can be reviewed and I can show up prepared to engage. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? I am a member of Tigard United Methodist Church,and I frequently share my thoughts about local issues with the other congregants through announcements and during social times. Also,I am still connected with many Tigard Tualatin School District parents,and I can communicate issues with them on facebook and at local events. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRVBSMzRLVzg lU... 2/2 10/18/22,12:32 PM Charter Review Committee Application View results Respondent 14 Anonymous 209:05 Time to complete 1. Full Name Holly Fenton 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? I heard about the Charter Review Committee during a council meeting I tuned into virtually. 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. I have worked in Municipal Courts for nearly 23 years,the last 5 with the City of Tigard Municipal Court.I have always had an interest in rules and laws;I read statutes for fun!Mostly from the Vehicle Code due to my career,but I have reviewed other charters,statutes and laws.When I heard about the Charter Review Committee,I was immediately interested.In a previous job,I was part of a court rules committee that created court rules and recommended them to the judge.I really enjoyed my time on that committee and the things I learned,and I look forward to being a part of the Charter Review Committee if selected. https://forms.office.com/Pages/DesignPageV 2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97 j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRV BSMzRLV zg 1 U... 1/2 10/18/22,12:32 PM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? My past experience with a court rules committee,my love of statutes,laws and ordinances,and a desire to be active within the city of Tigard has all prompted me to apply to be a part of the Charter Review Committee. 9. What do you hope to achieve while serving on the Charter Review Committee? I hope to achieve experience,and meet and get to know other Tigard community members 10. What kind of support would make it easier for you to participate? I would prefer in person meetings but understand that virtual meetings are more accessible, 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? To be honest,I don't typically engage in conversations regarding city charters! However,as a City of Tigard employee and working for the court specifically,I will talk with co-workers and other Tigard team membe-s regarding my experiences,and the process as it develops. haps://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1vO6DdmGxUQUJRUTBNRVBSMzRLVzg 1 U... 2/2 10/18/22,12:32 PM Charter Review Committee Application View results Respondent 13 Anonymous 12:34 Time to complete 1. Full Name Margarita Fortner 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? Tigard Life 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. I'm a homeowner in Tigard,and as such am invested in its future.I've also been a paralegal for the past 15 years,so analyzing documents and formulating recommendations based on my analyses is part of what I do for a living. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72o88XpfkyfHBejyp9w97j5krH3ACJDim1 vO6DdmGxUQUJRUTBNRVBSMzRLVzg 1 U... 1/2 10/18/22,12:32 PM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? I'm proud to say that Tigard is where my husband and I chose to become first-time homeowners in early 2020.We fell in love with the small-town feel while having quick access to both of our jobs in Portland proper in one direction and gorgeous wine country in the other.Honestly,I've been looking for a way to contribute to my community in a meaningful way and this seemed to be right up my alley. 9. What do you hope to achieve while serving on the Charter Review Committee? I simply hope to gain insight into the inner workings of the government that oversees the community in which I've chosen to make my home and help guide its direction moving forward. 10. What kind of support would make it easier for you to participate? I don't really need any kind of support.I'm fortunate enough to have reliable transportation a^d my work is`awrly`lexible. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? I'm not really sure to what community groups this refers,but generally these days texts and emails are the easiest way to reach people.I personally prefer text over email,but it's important to find out individual preferences. haps://forms.office.com/Pages/DesignPage V 2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3 ACJDim 1 vO6DdmGxUQUJRUTBNRV BSMzRLV zg 1 U... 2/2 10/18/22,12:33 PM Charter Review Committee Application View results Respondent 18 Anonymous 0858 Time to complete 1. Full Name Nathan Jackson 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? City of Tigard website;emailed communications from City 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. Here,my personal interests are most relevant. I hold a deep respect for the power of language and the meanings within and behind it—both in creating those meanings and interpreting the meanings of others.There is a beauty in clarity of expression which gains particular importance when language is employed in the service of law. In combination with this love of language,I try to cultivate a deeply rooted sense of civic duty and a cheerfulness in that service.Events in recent years have highlighted the fragility of systems of self-govemance and should remind us all that hasty and simplistic adherence to first principles alone cannot sustain a functional society in a changing world.We must all lend continuous work as stewards to keep democracy vibrant and adaptable,even—or perhaps especially—at the local level. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&idx72088XpfkyfHBejyp9w97j5krH3ACJDimly06DdmGxUQUJRUTBNRVBSMzRLVzg lU... 1/2 10/18/22,12:33 PM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? I first gained interest when city staff solicited responses to the Charter text governing term limits early this year--I found interpreting and providing feedback during that process uniquely engaging. News of this more comprehensive review of the Charter text rekindled that interest. 9. What do you hope to achieve while serving on the Charter Review Committee? I would hope to first better understand the original principles Worming the founding of Tigard,then assist in clarifying that vision for the evolving needs of Tigard of today and tomorrow. 10. What kind of support would make it easier for you to participate? Remote meetings(as I understand they are already expected to be)would be most convenient,especially if scheduled for late afternoon or early evening,and ideally at times that avoid conflicts with other City board and committee meetings. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? Tigard Planning Commission:share progress of the Committee during the"Communications"portion of public hearings. Private socializing:discussion with neighbors in one-on-one conversation and during other social occasions. haps://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRVBSMzRLVzg 1 U... 2/2 10/18/22,12:32 PM Charter Review Committee Application View results Respondent 15 Anonymous 20:02 Time to complete 1. Full Name Gerlinde Lamer 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? Via emails from the City of Tigard 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. I moved to Tigard when street lights stopped at 121st Ave.Since that time much has changed and yet we still live and work as if it has not. 8. What prompted you to apply to the Charter Review Committee? I was talking with an individual running for Mayor about rents going up and the amount of people who are living with the cloud of eviction over them-the individual's physical response told me they did not know what I was talking about. haps://forms.office.com/Pages/DesignPage V 2.aspx?subpage=design&id=c72088XpfkyfHBe jyp9w97 j 5krH3 ACJDim 1 vO6DdmGxUQUJRUTB NRV B SMzRLV zg 1 U... 1/2 10/18/22,12:32 PM Charter Review Committee Application 9. What do you hope to achieve while serving on the Charter Review Committee? To bring to the table my experience working with people who are homeless,those who have lived in the community their whole lives,those who are strangers looking for a place to call home,and a voice of the faith communities within the Tigard community. 10. What kind of support would make it easier for you to participate? Meetings later in the day after school is out. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? I work at St.Anthony in the front office-I can let them know as well as the churches in the area that we communicate w:th._ haps://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRVBSMzRLVzg 1 U... 2/2 10/18/22,12:32 PM Charter Review Committee Application View results Respondent 11 Anonymous 1 8:5 1 Time to complete 1. Full Name Derek Lawson 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? It was referenced during a recent city council session. 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. My wife,Carla,and I are Tigard residents raising our two young children in the community and we have a vested interest in promoting the values that contribute to a thriving city.I work professionally as a financial planner with a graduate degree in the same field.For undergrad I have a BA in Political Science with concentrations in Intemational Relations and Civic Education as well as a minor in Spanish. https://forms.office.com/Pages/DesignPageV 2.aspx?subpage=design&id=c72088XpfkyfH8ejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRV BSMzRLV zg 1 U... 1/2 10/18/22,12:32 PM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? I became aware of the committee's existence when it was referenced during a recent city council meeting and have been looking for ways to increase my civic engagement. 9. What do you hope to achieve while serving on the Charter Review Committee? I want to serve my community and hope my input would be of value. 10. What kind of support would make it easier for you to participate? I don't have any special circumstances requiring additional support in order to participate. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? I would communicate about the committee's work with Tigard residents and other visitors at the public parks,farmers market,local library,and likely during other events such as street fairs on Main Street.My wife and I frequently engage with other members of the community when walking or bicycling with our children to various public places around Tigard. https://forms.office.com/Pages/DesignPageV 2.aspx?subpage=design&id=c72088XpfkyfHBej yp9w97j 5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRV BSMzRLV zg 1 U... 2/2 10/18/22,12:31 PM Charter Review Committee Application View results Respondent 9 Anonymous 14:22 Time to complete 1. Full Name Patty Lofgren 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? Tigard website,and Alex Richardson 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. I have been a resident of Tigard for 30 years and while I am not a fully retired educator,work has slowed down in the last few years allowing me to participate in local activities such as Leadership Tigard,becoming a member of Tigard CERT Green Team,and most recently,as a member of Tigard's Public Safety Advisory Board.They have all been very rewarding opportunities and I wish to continue to be actively involved in my community. https://forms.office.com/Pages/DesignPageV 2.aspx?subpage=design&id=c72088XptkyfHBejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRV BSMzRLVzg 1 U... I/2 10/18/22,12:31 PM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? I read about it in the City of Tigard's email and while I was considering it,received an email from Alex Richardson at the City of Tigard,encouraging former PSAB members to apply. 9. What do you hope to achieve while serving on the Charter Review Committee? It has been my experience as an educator that we need to continually examine and refine our practices as times change and we learn new things.A review of the Charter seems like it would greatly benefit the community. 10. What kind of support would make it easier for you to participate? None that I can think of. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? Tigard CERT,former Public Safety Advisory Board members,educators.Engagement varies depending on the group-some regularly scheduled in-person meetings are resuming,others take place via Zoom.I also,through Leadership Tigard,have some contact with the Tigard Chamber and the regular Good Morning Tigard events. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfH8ejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRVBSMzRLVzg 1 U... 2/2 10/18/22,12:31 PM Charter Review Committee Application View results Respondent 7 Anonymous 11:54 Time to complete 1. Full Name Lindsey Murphy 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? On the city of Tigard's website 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. I am a Tigard community member with a young family and have both a personal and professional interest in local government.I currently serve as a member of the Public Safety Council for Washington County and most recently worked for OvicPulse as the Director of Operations.CivicPulse is a research think tank for local government policy.I am also passionate about making our community diverse,equible,and inclusive-induding with how our Charter is written.With my personal and professional experience and interest,I think I would add a unique lens for reviewing the Charter. haps://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1 v06DdmGxUQUJRUTBNRVBSMzRLVzg 1U... 1/2 10/18/22,12:31 PM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? I am always looking for ways to engage in my local government and community and this seemed like a great opportunity. 9. What do you hope to achieve while serving on the Charter Review Committee? I hope to bring a unique lens to the review that will incorporate more inclusive language and bring thoughtful conversation about how we can make Tigard more diverse,equitable,and inclusive. 10. What kind of support would make it easier for you to participate? The option for hybrid participation, 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? _.. I would be happy to work with any of the city's committees to keep them engaged and informed about the Charter.Specifically I would like to work with the Parks 7 Rec advisory Board,Public Safety Advisory Board,and the Youth Advisory Council.I would plan to be in communication with the committee chairs and offer to give presentations/updates at committee meetings. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRVBSMzRLVzg 1 U... 2/2 10/18/22,12:33 PM Charter Review Committee Application View results Respondent 19 Anonymous 06:13 Time to complete 1. Full Name Zeena pinto 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? El Tigre fest 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. I moved to United States 10 years ago from India.I have bachelor's degree in engineering and was working as a software developer until for year ago until when i had my first baby decided to take a break from it.I am mom of two beautiful girls 4 and 2.As part of my job,i have worked on documentation.I have a great community spirit,I volunteered for computer teaching at two libraries in California.We moved to Oregon early February this year.To learn more about Tigard and also to bring up the kids close to the nature and teh community we did the tigard passport and we are the winners as well.My four year old also very much obsessed with this town,its mind-blowing.I believe my skills and my passion would bring good to the committee. https://forms.office.com/Pages/DesignPageV 2.aspx?subpage=design&id=c72088XpfkyfH8ejyp9w97 j5krH3ACJDim l vO6DdmGxUQUJRUTBNRVBSMzRLV zg 1 U... 1/2 10/18/22,12:33 PM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? Volunteer of tigard city booth at EI Tigre fest told me that I will be the great candidate for the review committee by looking at my knowledge about the city. 9. What do you hope to achieve while serving on the Charter Review Committee? I want to contribute mybest to the committee and make a positive impact. 10. What kind of support would make it easier for you to participate? NA 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? I can post in my FB groups and tell my neighbors,mom groups etc about the initiative https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDimI vO6DdmGxUQUJRUTBNRVBSMzRLVzg lU... 2/2 10/18/22,12:32 PM Charter Review Committee Application View results Respondent 0 Anonymous 10:23 Time to complete 1. Full Name Pasha Sarah Hunt 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. We have lived in Tigard since September 2016.I interviewed Mayor John Cook during his term to find out how I could help our city.I am a former real estate agent,I understand legal issues and contracts.I also have a financial background.I care about our safety,I started a neighborhood watch for my HOA Benchview estates. 8. What prompted you to apply to the Charter Review Committee? To help my city to be safe,grow,and thrive. httpsa/forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim1 vO6DdmGxUQUJRUTBNRVBSMzRLVzgI U... 1/2 10/18/22,12:32 PM Charter Review Committee Application 9. What do you hope to achieve while serving on the Charter Review Committee? To make sensible plans for new development,zoning etc.To create a caring community that looks out for each other. 10. What kind of support would make it easier for you to participate? There are no barriers.I can meet after hours,and on weekends for team planning. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? Public Safety,New Development/infrastructure,Small Business Owners,Community events. Thank you for your consideration.Pasha Sarah Hunt https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1 v06DdmGxUQUJRUTBNRVBSMzRLVzg lU... 2/2 10/19/22,11:40 AM Charter Review Committee Application View results Respondent 20 Anonymous 230:01 Time to complete 1. Full Name Jeanette Shaw 2. Address More options for Responses 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? City Council Discussion 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. As a member of the City Council,I believe it is important to have a current,sitting coundlor in the discussions.If it includes only former Councilmembers, then the conversation could become self-serving and/or skewed.Also,it is an opportunity to update/modernize the current City Charter to be more equitable in names,etc. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1vO6DdmGxUQUJRUTBNRVBSMzRLVzg 1 U... 1/2 10/19/22,11:40 AM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? 9. What do you hope to achieve while serving on the Charter Review Committee? Balanced discussion regarding Council te-ms. 10. What kind of support would make it easier for you to participate? Regularly scheduled meetings,agendas,and minutes via Zoom meetings.Comparisons to other odes where relevant... 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community.Which community groups will you be able to keep informed and engaged on the committee's work? How will you engage them? The City has the primary rule of communication--the applicants can augment via their own social media,HOA's,PTA's,etc.I would inform community members/HOA's etc.,via social media https://forms.office.com/Pages/DesignPageV 2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1v06DdmGxUQUJRUTBNRVBSMzRLVzg 1 U... 2/2 10/18/22,12:30 PM Charter Review Committee Application View results Respondent 3 Anonymous 84:56 Time to complete 1. Full Name William T Simpson 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? Facebook https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim1vO6DdmGxUQUJRUTBNRVBSMzRLVzg lU... 1/2 10/18/22,12:30 PM Charter Review Committee Application 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. I have over 20 years of employment in the Tigard area.I live here,work here,drive here,and'play'here.My work industry is technology,compliance and cybersecurity.This provides me additional insight into community and business concerns.It has also provided me with the opportunity to work with law enforcement during forensic investigation of cybercrimes and to see obstacles for both business and enforcement in this area. I have extensive knowledge,professional and personal experience with policy writing,partnerships,legal documents,security,mental health concerns,economic opportunity barriers,various forms and expressions of prejudice,and issues of exclusion/inclusion.I also have an extensive background in writing,editing, journalism,social media and communications education and experience which would help me gather input and communicate effectively with concerned parties. Recently,I attended meetings and provided input for Tigard's rezoning project.I have also been involved with local chambers of commerce as a member, representing my company and communicating on issues as needed.I am a member of a local gym with a diverse membership of business owners and employees from the following and more:antiques,manufacturing,construction,finance,franchises,fitness,minimum wage,automotive,restaurants,technology,and even MMA.This is an example of the people I have networked with and who I can easily tap for input on proposed changes.Representation is a critical component for effective government. 8. What prompted you to apply to the Charter Review Committee? I want to provide input to help make sure any changes to the Charter are net-positive changes.I believe I bring a unique perspective and represent an often underrepresented point of view. 9. What do you hope to achieve while serving on the Charter Review Committee? I want to help improve the safety,opportunity,inclusion and representation of Tigard's residents and businesses through clearly stated Charter standards, expectations,and goals. 10. What kind of support would make it easier for you to participate? After hours,weekend,or around lunch hour meeting times.Virtual meetings.Advance notice of meeting times.I work full time,but I have flexibility. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? My social media and journalism experience would allow me to adapt communications to need,that is I can communicate as demands dictate if a group is not being engaged.For example,as the editor of my college newspaper I was informed that I was the first to engage the Igbtq club and also the multicultural students in unity club.I also engaged with the student government club where the relationship was previously more adversarial or about coverage not engagement.Specifically,I am highly involved in business and networking with businesses.I am comfortable working with law enforcement and would look forward to getting their unique insight and input.My communication style and energy are typically well received due to genuine empathy and an ability to listen even beyond what I can hear. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XptkyfHBejyp9w97j5krH3ACJDim 1v06DdmGxUQUJRUTBNRVBSMzRLV zg lU... 2/2 10/18/22,12:32 PM Charter Review Committee Application View results Respondent 16 Anonymous 2559:27 Time to complete 1. Full Name Jason Snider 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? I am currently a member of the city council and we directed staff to initiate a charter review process,including the creation of a Charter Review Committee. 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. I have been an elected member of the Tigard City Council for almost ten years.I have a strong interest in the future of Tigard and want to see the community grow and improve in every domain.This requires periodic and incremental improvements to our city and its governing documents. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088Xp&yf 8ejyp9w97j5krH3ACJDim1vO6DdmGxUQUJRUTBNRVBSMzRLVzg1U... 1/2 10/18/22,12:32 PM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? The City Charter is the most important foundational document that establishes the set up and functioning of our city government.Much of the language is decades old and contains sections that i)no longer reflect current practice,ii)are outdated iii)poorly written,ambiguous,and/or missing key information,and iv) has been edited over time such that some sections are incompatible with others.I was deeply impacted by this personally earlier in 2022.I believe my recent experiences as a mayor,city councilor,and community member give me a unique perspective and experience with the charter that would be beneficial to the committee. 9. What do you hope to achieve while serving on the Charter Review Committee? An updated charter that is ratified by the voters that reflects the current needs and values of the Tigard community and is consistent with our current mission, vision,and values as a city. 10. What kind of support would make it easier for you to participate? No specific support needed. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? As the current Mayor of Tigard,I have vast networks of connections to groups throughout the community.Given the important of this work,I plan to engage all of them early and often. haps://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRVBSMzRLVzg 1 U... 2/2 10/18/22,12:30 PM Charter Review Committee Application View results Respondent 5 Anonymous 06:08 Time to complete 1. Full Name 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. I am currently in active leadership roles in my local community and also nationwide in my capacity as a representative of the Filipino-American demographic.I am very involved and engaged in Tigard,currently serving as Vice-Chair of the Committee for Community Engagement,and I have been asked to consider involvement in the Charter Review Committee. 8. What prompted you to apply to the Charter Review Committee? By invitation.Apparently,somebody believes I would be a good fit and contributor. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRVBSMzRLV zg 1 U... 1/2 10/18/22,12:30 PM Charter Review Committee Application 9. What do you hope to achieve while serving on the Charter Review Committee? 10. What kind of support would make it easier for you to participate? online participation. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? I have a very active social media,I am on the Board of my HOA in North Tigard,I have direct access and communications with the local Filipino-American demographic.As part of the CCE's DEI Subcommittee,I have the resources to disseminate information through other members,and I am also on the Steering Committee of Washington County's CP04M--I think all my involvement interweaves for the same purpose. haps://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfH8ejyp9w97j5krH3ACJDim1v06DdmGxUQUJRUTBNRVBSMzRLVzg I U... 2/2 10/18/22,12:31 PM Charter Review Committee Application View results Respondent 8 Anonymous 09:49 Time to complete 1. Full Name Deborah Thompson 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? Pm on the City of Tigard email list. 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. As a retired person,I have the perspective of the senior citizens to offer.I've worked in customer service,IT desk help jobs.Have knowledge of retail selling and computer hardware and software.My view will be unique. 8. What prompted you to apply to the Charter Review Committee? I'm looking for volunteering opportunities that will benefit my fellow man. haps://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkytHBejyp9w97j5krH3ACJDim1 vO6DdmGxUQUJRUTBNRVBSMzRLVzg 1 U... 1/2 10/18/22,12:31 PM Charter Review Committee Application 9. What do you hope to achieve while serving on the Charter Review Committee? A more efficient and compassionate city govt that can serve all the people. 10. What kind of support would make it easier for you to participate? The people around me to have good manners and respect for each other. 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work? How will you engage them? The senior community.The feminist community.The POC community.Why?Because I am all of them. https://forms.office.com/Pages/DesignPage V 2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97 j5krH3ACJDim 1 v06DdmGxUQUJRUTBNRV BSMzRLV zg 1 U... 2/2 10/18/22,12:31 PM Charter Review Committee Application View results Respondent 6 Anonymous 21:52 Time to complete 1. Full Name 2. Address 3. Email Address 4. Phone Number 5. How do you prefer to receive communication? Email Phone 6. Where did you hear about the Charter Review Committee? On 9/19 during the TYAC meeting from Alex Richardson who mentioned that you guys were looking for a youth representative! 7. In 500 words or less,describe your personal or professional interests and how they relate to the Charter Review Committee. As someone who is involved in the community,this sounded really interesting and something I would love to be a part of.I am passionate about politics and I have always paid attention to the inner workings of Tigard's government.Since being a part of TYAC and Tigard High's leadership,I hear about a lot of interesting opportunities and this is definitely one of them.I would love to represent Tigard High School and Tigard's youth with being on the Charter Review Committee. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfH8ejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRVBSMzRLVzg 1U... 1/2 10/18/22,12:31 PM Charter Review Committee Application 8. What prompted you to apply to the Charter Review Committee? I am always looking for more community opportunities and ways to get myself involved.The Charter Review Committee is very interesting to me and would be something I would love to be a part of/learn more about.I also think it would be a great way to represent Tigard High and get more youth involved throughout Tigard's community. 9. What do you hope to achieve while serving on the Charter Review Committee? I hope to achieve our goals as a Charter which would be to make the changes we see necessary and get them passed by November.I also have personal goals that I would like to achieve such as to engage with new people,brainstorm ideas and goals,and get more youth involved throughout THS. 10. What kind of support would make it easier for you to participate? -he support I would need would be to just get meeting times and dates that work for everyones schedule.Other than that I am ready to participate! 11. Only ten applicants(plus two alternates)will serve on the Charter Review Committee.This makes it important that committee members are proactive in communicating the work of the Charter Review Committee with the community. Which community groups will you be able to keep informed and engaged on the committee's work?How will you engage them? I will keep the groups that I am involved in updated with the Charters work.This include Tigard High School's leadership program,Tigard Youth Advisory Council, and clubs through THS such as sparrow,EBA,service/key club,and FBLA.I will keep them engaged by answering questions,showing and explaining the work we've done,and letting them know our goals as a Charter. https://forms.office.com/Pages/DesignPageV2.aspx?subpage=design&id=c72088XpfkyfHBejyp9w97j5krH3ACJDim 1 vO6DdmGxUQUJRUTBNRVBSMzRLV zg 1U... 2/2